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HomeMy WebLinkAbout08-4755Colleen S. Gallo, Esquire Attorney I.D. 479994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: ccallo a leblaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff No. b8 4176 S C+Ji l ? VS. AMY R. KULP Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: c ag Ilonleblaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff No. VS. AMY R. KULP Defendant ORDER OF COURT AND NOW, to wit, this day of , 2008, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of 2008, at o'clock m., 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. For the Court, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: cjzallonleblaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff vs. AMY R. KULP Defendant No. 6 1-976-S &La ?tw COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Bradley R. Kulp, by and through his counsel, Reilly, Wolfson, ShefFey, Schrum and Lundberg LLP and hereby files the following Complaint for Custody: 1. The Plaintiff, Bradley R. Kulp, is an adult individual residing at 1002 Market Street, Apartment 1, New Cumberland, Pennsylvania, 17070. 2. The Defendant, Amy R. Kulp, is an adult individual residing at 599 Old Quaker Road, Apartment A, Lewisberry, York County, Pennsylvania, 17339. 3. The parties are the parents of Zoe J. Kulp, born November 30, 2004. 4. Plaintiff seeks partial physical custody and joint legal custody of the following child: Zoe J. Kulp, born November 30, 2004. 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant who resides at 599 Old Quaker Road, Apartment A, Lewisberry, York County, Pennsylvania, 17339. 7. During the past five (5) years the child has resided with the following persons at the following address: NAME RESIDENCE Defendant 599 Old Quaker Road Apartment A Lewisberry, PA 17339 Plaintiff and 599 Old Quaker Road Defendant Apartment A Lewisberry, PA 17339 Plaintiff and 28 East Portland Street Defendant Apartment 1 Mechanicsburg, PA 17055 DATES February 2008 to Present June 2006 to February 2008 November 2004 to June 2006 8. The mother of the child is Amy R. Kulp, currently residing at 599 Old Quaker Road, Apartment A, Lewisberry, York County, Pennsylvania, 17339. She is married. 9. The father of the child is Bradley R. Kulp, currently residing at 1002 Market Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania, 17070. He is married. 2 10. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides alone at 1002 Market Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania, 17070. 11. The relationship of Defendant to the child is that of mother. Defendant currently resides with the minor child at 599 Old Quaker Road, Apartment A, Lewisberry, York County, Pennsylvania, 17339. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court or another court. 13. Plaintiff has no information of a custody proceeding concerning the pending matter in a court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because a partial custody arrangement is in the best interest of the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 3 WHEREFORE, Plaintiff, Bradley R. Kulp, respectfully requests this Court to grant partial physical custody and joint legal custody of the said minor child, Zoe J. Kulp, to Plaintiff. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By Colleen S. Gall. #79994 1601 Cornwall ad Lebanon, PA 17042 (717) 273-3733 4 VERIFICATION I, BRADLEY R. KULP, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 7lzkl a (?- 4 0 Bra R. Kulp 5 •. t Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: c ado a,leblaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff No. VS. AMY R. KULP Defendant CERTIFICATE OF SERVICE I, Mary Anne Gutwalt, secretary with the law offices of Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP hereby certify that I provided a copy of the Complaint for Custody and Order of Court to the following: Amy R. Kulp 599 Old Quaker Road Apartment A Lewisberry, PA 17339 / MaryA ne Gutwalt Date: 214 /a 6 rr } v ? 0 a C ?s N Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: c alloWeblaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff No. D8 - y'155 Ct v l Tu-nt VS. AMY R. KULP Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Colleen S. Gallo, Esquire, of REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP, 1601 Cornwall Road, Lebanon, PA 17042- 7406, as attorney for Plaintiff, Bradley R. Kulp, in the above-captioned action. REILLY, W FSON, SHEFFEY, SCHRUWANb LUNDBERG-ID Date: (2lglpg By _( ,A' Colleen S. Ga o, Esqu' Attorney I.D. 994J N v Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: cgallonleblaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff VS. AMY R. KULP Defendant No. Of'. 9'756' MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Bradley R. Kulp, by and through his attorneys, Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP, and moves your Honorable Court to enter an Order upon the Stipulation for Custody entered into between the Plaintiff and Defendant, a copy of which is attached hereto and marked Exhibit "A". REILLY, WOLFSON, SHEFFEY, SCHRUMAND LUNDBERG LLP By Colleen S. G o, Es uire Attorney I.D. #799 4 1601 Cornwall Rbatr Lebanon, PA 17042 (717) 273-3733 8 Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: c ag llo(a-)leblaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff No. VS. . AMY R. KULP Defendant STIPULATION FOR CUSTODY And now, come the parties above, Bradley R. Kulp (hereinafter "Father"), by and through his counsel, Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP, and Amy R. Kulp (hereinafter "Mother") and hereby stipulate and agree as follows: 1. Father is an adult individual residing at 1002 Market Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Mother is an adult individual residing at 599 Old Quaker Road, Apartment A, Lewisberry, York County, Pennsylvania, 17339. 3. The parties are parents of minor child, Zoe J. Kulp, born November 30, 2004. EXHIBIT "A" 9 4. The parties desire to set forth their wishes with respect to custody in writing. 5. Legal Custody: The parties will share joint legal custody of Zoe J. Kulp, born November 30, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding 10 the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 6. Mother shall have primary physical custody of the minor child. 7. Father shall have partial physical custody of the minor child in accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m.; b. On Monday from 4:00 p.m. until Wednesday at 8:00 a.m.; and c. The parties shall share transportation as can be mutually agreed. 8. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's 11 schools, physicians, psychologists, or other individuals concerning their progress and welfare. 9. Holidays: a. Thanksgiving in odd numbered years Father shall have the child on Thanksgiving from 8:00 a.m. until 9:00 p.m. alternating with Mother on even numbered years; b. Christmas, in odd numbered years Mother shall have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Father shall have the child from 10:00 a.m. on December 25 until 12:00 p.m. on December 26. In even numbered years, Father shall have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Mother shall have the child from 10:00 a.m. on December 25 until 12:00 p.m. on December 26. Major gifts should be discussed and coordinated between the parents; C. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day. The times for the Mother's and Father's Day holidays are from 8:00 a.m. until 8:00 p.m. unless otherwise agreed upon by the parties; d. Mother shall have custody on odd numbered years and Father shall have custody on even numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Memorial Day holiday and Labor Day holiday; 12 e. Father shall have custody on odd numbered years and Mother shall have custody on even numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Easter holiday and July 4th holiday; f. Monday holidays such as Martin Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 7:00 p.m. on the holiday. This also will apply to in-service days occurring on Monday. In-service days occurring on Friday will also attach to the weekend and will begin at 8:00 a.m.; g. The parties will not deviate from the regular custody schedule because of the child's birthdays; and h. The holiday schedule shall take precedence over the regular custody schedule. 10. The parent shall organize ways for their child to maintain her friendships, extracurricular activities, and other special interests, regardless of which household she may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular visitation. 11. Toys, clothes, etc. shall not become matters of contention as these generally are the child's property, not the parents, entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 12. The parents shall permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family 13 gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 13. Each parent shall exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 14. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 15. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive as well as daily contact via e-mail with the child when in the custody of the other parent. 16. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule; change of school district for the 14 child; or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 17. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. 18. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 19. Father presently maintains health insurance for the child; he shall notify Mother immediately of any changes or anticipated change regarding health insurance within thirty (30) days of said change if known. 20. The parties agree that this Stipulation may be entered as an Order of Court and enforceable thereas. 15 IN WITNESS WHEREOF, intending to be hands and seals this - day of J L41e WITNESS : 2008. (SEAL) (SEAL) legally bound, the parties set their 16 VERIFICATION I, BRADLEY R. KULP, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. radley R. U Date: &f `3U/O'I?r 17 VERIFICATION I, AMY R. KULP, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Aul Amy R. ulp Date: W n L 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRADLEY R. KULP Plaintiff VS. AMY R. KULP Defendant No. CERTIFICATE OF SERVICE I, Mary Anne Gutwalt, secretary with the law offices of Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP hereby certify that I provided a copy of the Stipulation for Custody and Order of Court to the following: Amy R. Ku.lp 599 Old Quaker Road Apartment A Lewisberry, PA 17339 Date: 21i4-1Og MaryAn a Gutwalt 19 `T -OM ?y AUG 0 8 2008 Colleen S. Gallo, Esquire Attorney I.D. #79994 REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Office: (717) 273-3733 Fax: (717) 273-1535 E-mail: c a? I1o,,'a&blaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY R. KULP Plaintiff VS. AMY R. KULP Defendant CIVIL ACTION - LAW No. d8 - 4755 ORDER OF COURT 0 '-wit Tom. AND NOW, to wit, this (2? day of 2008, upon Stipulation of the parties, and upon Motion of counsel, it is hereby ORDERED and DECREED as follows: 1. Legal Custody: The parties will share joint legal custody of Zoe J. Kulp, born November 30, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. V6NtfWSN?Od xLNn, 9 1 .z old Z i 5nv BBUZ 3HJ 30 Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have partial physical custody of the minor child in accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m.; 2 b. On Monday from 4:00 p.m. until Wednesday at 8:00 a.m.; and c. The parties shall share transportation as can be mutually agreed. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 5. Holidays: a. Thanksgiving in odd numbered years Father shall have the child on Thanksgiving from 8:00 a.m. until 9:00 p.m. alternating with Mother on even numbered years; b. Christmas, in odd numbered years Mother shall have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Father shall have the child from 10:00 a.m. on December 25 until 12:00 p.m. on December 26. In even numbered years, Father shall have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Mother shall have the child from 10:00 a.m. on December 25 until 12:00 p.m. on December 26. Major gifts should be discussed and coordinated between the parents; 3 C. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day. The times for the Mother's and Father's Day holidays are from 8:00 a.m. until 8:00 p.m. unless otherwise agreed upon by the parties; d. Mother shall have custody on odd numbered years and Father shall have custody on even numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Memorial Day holiday and Labor Day holiday; e. Father shall have custody on odd numbered years and Mother shall have custody on even numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Easter holiday and July 4th holiday; f. Monday holidays such as Martin Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 7:00 p.m. on the holiday. This also will apply to in-service days occurring on Monday. In-service days occurring on Friday will also attach to the weekend and will begin at 8:00 a.m.; g. The parties will not deviate from the regular custody schedule because of the child's birthdays; and h. The holiday schedule shall take precedence over the regular custody schedule. 6. The parent shall organize ways for their child to maintain her friendships, extracurricular activities, and other special interests, regardless of which household she may be in. Each parent must confer with the other parent 4 before arranging regularly occurring extracurricular activities for the child which might interfere with regular visitation. 7. Toys, clothes, etc. shall not become matters of contention as these generally are the child's property, not the parents, entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 8. The parents shall permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 9. Each parent shall exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 10. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or 5 vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive as well as daily contact via e-mail with the child when in the custody of the other parent. 12. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule; change of school district for the child; or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 13. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. 14. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the 6 other parent. Communication should always take place directly between parents, without using the child as an intermediary. 15. Father presently maintains health insurance for the child; he shall notify Mother immediately of any changes or anticipated change regarding health insurance within thirty (30) days of said change if known. I o' o? 7 M.. &L- -----' BRADLEY R. KULP IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION- CUSTODY AMY R. KULP DEFENDANT/PETITIONER NO. 08-4755 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 to ?. 1-800-990-9108 CV ?. Li C u N 170.a0 -'?LL 011- e+ Sq7 ? a,37'yo/ r , BRADLEY R. KULP IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION- CUSTODY AMY R. KULP DEFENDANT/PETITIONER NO. 08-4755 PETITION TO MODIFY A CUSTODY ORDER Petitioner, Amy R. Kulp, by her attorney Gail Guida Souders, Esquire, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. Petitioner is the Amy R. Kulp (hereinafter called "Mother") residing at 599 Old Quaker Road, Apt A, Lewisberry, York County, Pennsylvania. 2. Respondent is the Bradley R. Kulp (hereinafter called "Father") residing at 1002 Market Street, Apt 1, New Cumberland, Pennsylvania. 3. During their relationship, they gave birth to the following child: Zoe J. Kulp, d.o.b. November 30, 2004. 4. On August 12, 2008, an Order of Court was entered for Mother to have primary physical custody and Father to have partial physical custody of the child a true and correct copy of which is attached. 5. The Order should be modified because: a. Father has moved to Lebanon County and has a new job. b. Father and Mother have made some changes to the current Order due to the move. c. Mother wants to have the Order modified to reflect those changes. d. The parties have modified the custody agreement due to Father's move to Lebanon to Father having the child on Tuesday evenings from 4:00 P.M. to 7:30 P.M. and alternate weekends from Friday at 4:00 P.M. to Sunday 7:30 P.M. e. Child will be starting kindergarten in the fall of 2010 and Mother wants to have a stable schedule that the Child can rely on. f. Mother wants the new Order to readdress reasonable phone contact, summer, holidays, and vacation since there have been issues with the current schedule. WHEREFORE, Petitioner requests that the Court modify the existing Order because it would be in the best interest of the child. fi-P?V? Gail Guida Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID #68740 I, Amy R. Kulp, verify that the statements made in this Petition to Modify a Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. A R. DATE: 02 " ( 110 ATTORNEY FOR PETITIONER BRADLEY R. KULP PLAINTIFF/RESPONDENT VS AMY R. KULP DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY NO. 08-4755 CERTIFICATE OF SERVICE I hereby certify that on (e Mont Q I served a copy of the tion to Modify a Partial Custody Order upon Colleen W Gallo, Esquire and in he mannerindicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Colleen S. Gallo, Esquire Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP 1601 Cornwall Road Lebanon, PA 17042-7406 Gail Guida Souders, squire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: 4 to BRADLEY R. KULP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4755 CIVIL ACTION LAW AMY R. KULP IN CUSTODY DF;FENT)ANT ORDER OF COURT AND NOW, Friday, February 19, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle Oil Thursday, March 11, 2010 at 10:30 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. 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 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 FiLEG-??r iJi C M ul FEB 25 F' 1:: 09 RM-OFFICE OF THEE- " PROTF;'?P,OTA?Y 2010 MAR 22 A 8: 316 -fry CUm?. r ;' PRAECIPE FOR ENTRY OF APPEARANCE BRADLEY R. KULP, Plaintiff Vs. AMY R. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION No. 2008-4755 TO THE PROTHONOTARY: SIR, please enter the appearance of Attorney HM W. Fenton, whose address is 1601 Cornwall Road, Lebanon, PA, 17042 as Attorney for Bradley R. Kulp, the Plaintiff in the above- captioned case. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: H! Gry W. Fenton, ID #55656 Counsel for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 Date: March 18, 2010 APR 0 6 2010 BRADLEY R. KULP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW AMY R. KULP, NO. 2008-4755 Defendant IN CUSTODY e^y ? _ {T1 r t; ? i'1 ORDER J' cr ' tL, AND NOW, this day of 4M 2010, the Conciliator being dviid CJ the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 64 r Z2 Hubert X. Gilroy squire Custody Concilia or BRADLEY R. KULP : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAWA G o `.? VS. CIVIL ACTION - CUSTODY r a a m ff AMY R. KULP Defendant : NO. 08-4755 STIPULATION FOR AN AGREED ORDER OF CUSTODY AGREEMENT, made this 3?day of June 2010, by and between Bradley R. Kulp, hereinafter referred to as "Father," and Amy R. Kulp, hereinafter referred to as "Mother." WITNESSETH 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Zoe J. Kulp , born November 30, 2004. The parties agree that major decisions concerning their child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions, which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A Section 5309. 2. From the date of execution of this Stipulation, Mother shall have primary physical custody of the minor child. 3. From the date of execution of this Stipulation, Father shall have partial custody of the minor child. a. Father shall have the following schedule during the school year: L Father shall have every other weekend from after school to Sunday at 7:30 P.M. ii. Father shall have every Tuesday from after school to 7:30 P.M. b. During the summer, Father shall have every other weekend from Friday at 4:00 P.M to Tuesday to 8:00 P.M. On the weekends when Mother has the child, Father's period of partial custody shall begin on Sunday at 8:00 P.M. to Tuesday at 8:00 P.M. c. The parties shall switch to the School Custody Schedule one week prior to school commencing. 4. Transportation should be provided by Father. 5. The parties will alternate the following major holidays: a. New Years Day-December 31St at 6:00 P.M. until January 1St at 7:00 P.M. Father will start this year 2010/2011 and alternate with Mother. Resuming regular schedule after. b. Easter and Fourth of July-Mother shall have child on even numbered years and Father shall have child on odd numbered years from 9:00 A.M to 7:30 P.M. Resuming regular schedule after. c. Memorial Day and Labor Day-Mother shall have child on odd numbered years and Father shall have child on even numbered years from 9:00 A.M. to 7:30 P.M. Resuming regular schedule after. d. Thanksgiving-Mother shall have child on even numbered years and Father shall have odd numbered years on November 26th from 8:00 A.M. to 9:00 P.M. Resuming regular schedule after. 6. Christmas will be divided into two segments. These segments will alternate along with the other holidays. Segment A is from December 24th at 10:00 A.M until December 25th at 10:00 A.M. Segment B is from December 25th at 10:00 A.M. until December 26th at 10:00 A.M. Mother shall have Segment B and Father shall have Segment A in 2010. The parties shall alternate Segment A and B every year thereafter. 7. Father shall have custody on Father's Day from 9:00 A.M to 7:00 P.M. and Mother shall have custody on Mother's Day on 9:00 A.M. to 7:00 P.M. 8. The holiday shall take precedence over the regular custody schedule. 9. The parent shall organize ways for their child to maintain her friendships, extracurricular activities, and other special interests, regardless of which household she may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular visitation. 10. The parties shall permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 11. Each parent shall exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. The principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 12. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive as well as daily contact via e-mail with the child when in custody of the other parent. 13. Should either parent become incapacitated or unavailable due to an emergency then the other parent shall have primary physical custody until the other parent is capacitated or available. 14. It is the intention of the parties that this Stipulation serves primarily as a guide for custody. The parties agree to work with each other to accommodate the other's request for additional periods of custody not outlined in this Agreement. 15. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 16. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designated to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 17. Both parents are entitled to (2) non consecutive weeks of uninterrupted custody during the summer weeks. It is understood that a week is defined as seven (7) days that must include the parent's regularly scheduled custodial weekend. Each parent shall provide the other with thirty (30) days notice of his/her intention to exercise the extended custody period. 18. The parties shall refrain from making derogatory remarks or comments about the other party in the presence of the child, and to the extent possible, each party shall prevent third parties form making such comments in the presence of the child. 19. It is understood and stipulated by the parties that upon mutual agreement as expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interest of the child. WHEREFORE, the parties request that this Stipulation be entered as an Order of the Court. Witness Bradley R. KulpePl?' W itness "'2 Vj I, ? 0 Amy R Kulp Defendant COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the ?day of 1? ' , 2010, before me, a Notary Public, personally appeared Bradley R. AKulp, known to i& to be the person whose name is subscribed to the within document, and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Monique L. Putt, Notary Public Mywdown Boro, Lebanon County tlon EWm June 2012 Mernber. Pennsylvania Association d1lde 11 NO ARY PUBLIC COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the36day of 2010, before me, a Notary Public, personally appeared Amy R. Kulp, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. aowNt stEAt em A"CW61UR now plaft W40801ift Cft DAVPM CoWW cow"MMOr7 bob" OCt 11.2010 N TARP PUBLIC t JUN 0 y 2010 BRADLEY R. KULP Plaintiff VS. AMY R. KULP Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-4755 ORDER AND NOW, this _ t n day of 1'a-,*? L , 2010, the parties having reached an agreement regarding the best interests of the subject minor child, Zoe J. Kulp, it is hereby ORDERED and DECREED that the terms of the stipulation entered into between the parties, which is attached hereto, is entered as an Order of Court Distribution ? G ' uida Souders, Esquire-111 Locust Street, Harrisburg, PA 17101 /Harry W. Fenton, Esquire-1601 Cornwall Road, Lebanon, PA 17042 C4-> F s vri7 t (Sr c?., LZI C-) , _ BY THE COURT: