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Home My WebLink About04-0009 LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ; NO. 61.{" ocr : IN CUSTODY CIVIL TERM REXFORD S. HUTZELL, JR., Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Leigh Ann Hutzell, an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Rexford S. Hutzell, Jr., an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely, KayIie Hutzell, born December 18, 1997, Thomas Quinn Hutzell, born December 12, 1999, and Caedan Rexford Hutzell, born September 3, 2003. The children were not born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Plaintiff Defendant 1058 Hemlock Lane Enola, P A March 1999 to Present The natural mother of the child is Leigh Ann Hutzell who resides as aforesaid. She is married. The natural father of the child is Rexford S. Hutzell, Jr., who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently with Defendant. Plaintiff has filed a Petition for Special relief requesting exclusive possession of the marital residence. If this Petition is not granted, Plaintiff intends to leave the marital residence in order to protect herself and her children. 6. The relationship of the Defendant to the child is that of natural father. Defendant currently resides with Plaintiff. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proc<eedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the parties' children from the time of their birth through present; b) Defendant has shown an inability to provide for the physical and emotional needs ofthe children; c) Defendant has a history of severe alcohol and marijuana abuse, which prevents Defendant to properly care for the children; d) Defendant has recently escalated his alcohol and drug use and has been making threats toward Plaintiff and the children. Plaintiff fears for the safety of herself and her children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. Respectfully submitted, k ;a~r~ Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanovf:r Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1}-)"Q-03 HUT~~f 0 ...., ~~ = 0 c:;::t -n .r- ~ ~ ..... yJt0 :J! '" C- r- ".. -,-" , Z n1 iTI 7"- ~ ['j I :g~ -' N t:> -" ><. c;~ C. &- ~~-; - -0 ~:r{ ,,-_.~ ! ~ ~~~~ :x 2M C' '" N 0 Z ~-,'" ::;1 0 ."'" (] :.JJ W -< d LEIGH ANN HUTZELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-9 CIVIL ACTION LAW REXFORD S. HUTZELL, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 23, 2004 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT, By: Isl Hubert X. GilrQY, Esq. Custody Conciliator , ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~~'$ ~~4?/;tP6-1 , * ~ ~ ~It; ht7{};-1 ~ fp 4Z /fP:~ ~ ~Ar?p'l >""C/"'1 "" t 0 I ,/,/\ ...,1\ ;\\)I\! ~:rc.( UI.ln-"-,,,., '-'~'~~J I ,.,/ ,'. . I '''-.' ,I '~,-.",.II' I' , '.' '-" ,- ,'.n"..: I 6 S 1::;1 ~!d 6- N'1f 7002 !H\ii('j.j'\.II"ua"d :JL'l '0 ,.- ~_..' '~,IL .~ ....1 I ::! 3C'i;:!;!O-Q=]lH v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LEIGH ANN HUTZELL, Plaintiff REXFORD S. HUTZELL, JR., Defendant : NO. 04-09 CIVIL TERM : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Nichole M. Staley O'Gorman, Esquire on behalf of Rexford S. Hutzell, Jr., Defendant in the above-captioned matter. ichole M. tale 'orman, Esq. URCELL, KRUG & HALLER 719 North Front Street Harrisburg, PA 17102-2392 I.D. No. 79866 (717) 234-4178 Date: I/{V~ ~ CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certify that service of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was made upon the following by first-class mail, postage prepaid on 1-(;10 -04- Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~wakrtfL Tricia Kowalczyk ~ r~' ! :~ C,) <-J ~" "" C...J -,-- 5:-: :...::: ~ u ..,"' ::;j J"7ifkT -nrT1 ~,()o ~~S ,)~~; ;.---,"-:c'') ~:.5 ir' ""I ,,-, o ::u -".. ~:~ j' R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: Sheriffs Costs: 150.00 103.11 $ 46.89 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 36.71 .50 1.00 6.90 20.00 20.00 Refunded to Atty on 03/02/04 103.11 This -1- day of _'-nta,"~ '-/, ~r-"\ fl hA.. ~ 200f :<\.D. . lL.-V /FL{t!'6-v,~ P othonotary ~~t R. Thomas Kline, Sheriff cf wJ/~Q. &J:Jczkz( By Claudia A. Brewbaker <0> ...., -.... '" ...,-, Sworn and Subscribed to before me ~ ~\ ~.~ ~,:~~-:.~ ~\ t" '. i! !) ~3 d ,50 ~ ~ ~ . \S\01 1/.'1171 4. /'11 J !,.;' ! '\ 'J LS 7 5 !lir ,[ ~ 'I ., ,U\" -=.:!ii1t3';'.;' " ;..,:.'3:) SEP 0 5 2006 tr LEIGH ANN HUTZELL, Plaintift' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-9 CML ACTION - LAW REXFORD S. HUTZELL, JR., Defendant IN CUSTODY ORDER AND NOW, Ihis S".,ll. day ofSeplember, 2006, Ihe above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. aI- Hubert X. Gilroy squire Custody Concilia or 80:il 9- ins 900l