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HomeMy WebLinkAbout08-5529IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA KELLY E. MULLEN, Civil Action At Law --- Custody Plaintiff, Case No. VS. KEITH D. MULLEN, JR., Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Kelly E. Mullen, currently residing at 5 Sunset Circle, Mechanicsburg, 17050, in the County of Cumberland Commonwealth of Pennsylvania. 2. The defendant is Keith D. Mullen, Jr. whose current address is unknown, but is employed at P-Jax Inc. 1200 St. Johns Road, Camphill, PA. 17011 in the County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Address Aze Kaia E. Mullen same as mothers' 3/24/2002 6 years 4. The child was born inside of wedlock. 5. The child is currently in the custody of Kelly E. Mullen, whose current residence is 5 Sunset Circle, Mechanicsburg, 17050, in the County of Cumberland Commonwealth of Pennsylvania. 6. Since August 31St, 2008, the child has resided with the Mother at 5 Sunset Circle, Mechanicsburg, 17050, in the County of Cumberland Commonwealth of Pennsylvania. 7. The biological mother of the child is Kelly E. Mullen, whose current address is Sunset Circle, Mechanicsburg, 17050, in the County of Cumberland Commonwealth of Pennsylvania. The mother remains married to, but separated from the father, and has been since August 31 St, 2008.. 9. The father of the child is Keith D. Mullen, Jr. whose current address is unknown, but is employed at P-Jax Inc. 1200 St. Johns Road, Camphill, PA. 17011 in the County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated from the Mother but remains married to the same. 11. The relationship of the plaintiff to the child is that of a biological Mother. The plaintiff currently resides with the following persons: Name Relationship Kaia E. Mullen Daughter 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the Children pending 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 children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The child currently resides with her mother in the home where she has a sense of stability and predictability and within which her physical and emotional needs are being fulfilled. (b) The plaintiff mother has been and continues to be the child's primary caretaker and caregiver. (c) The father without prior notice to the Mother, vacated the marital residence on August 31st, 2008, leaving behind the minor child and has heretofore failed to provide a physical address where he can be located. (d) The father has made very little effort to maintain contact with the child, either telephonically, or otherwise since his departure on August 31St, 2008. (e) It is believed that the father at this time lacks a stable living environment within which the child could be reasonably accommodated for the purposes of custody. (f) The Mother continues to reside in the home within which the child has become accustomed and familiar for the last year, and has established a network of friends in this setting. (i) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the child has become accustomed and will continue to be in the best interest of the child during her formative years and throughout her life. WHEREFORE, Plaintiff Kelly E. Mullen, respectfully requests for the aforementioned reasons, that the court grant and award her primary physical custody of the minor child Kaia E. Mullen for the reasons as set forth within. GREGORY S. est Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unworn falsification to authorities Date: 7 Kelly E. ullen, Plaintiff P O 11 '` V M t f M W C'> q 0 csti rri '0 co C.J J rrn - ?i "tl KELLY E. MULLEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH D. MULLEN DEFENDANT 2008-5529 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, September 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 23, 2008 at 10:00 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunda Es q. 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 4,t;,W? ?kv -;v ?V7," -AAV f 'iA c, 2 =C Wd U 83S 8001 3a ?O ? t 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KELLY E. MULLEN, Plaintiff/Petitioner V. . KEITH D. MULLEN, JR. Defendant/Respondent No. 2008-5529 Civil Action - Custody THIS STIPULATION AND AGREEMENT entered into this L1 1?. , day of Fe& (in iA\l 20(4, by and between, Kelly E. Mullen, (hereinafter referred to as ("Mot er") and Keith D. Mullen, Jr. (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of Kaia E. Mullen, (hereinafter referred to as "Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties. i 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have SHARED LEGAL of the child. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, as the parties may agree and their schedules allow. (a) Mother shall have custody of the child at all other days and times that the child is not in the father's custody as outlined above. (b) Father shall have reasonable telephone access to the child in an effort to foster communications as between father and child. (c) The father shall have Christmas day with the child to commence at 12:00 in the afternoon and end on December 26`h, at 12:00 in the afternoon. Mother shall have Christmas Eve with the child until Christmas day at 12:00 in the afternoon. (d) All holidays shall be shared between the parties as they may agree based on their respective schedules. (e) The parent receiving custody of the child shall provide transportation. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (g) The modification of this agreement by mutual consent of the parties may be rescinded by either parry at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (h) The parties hereto intend to be legally bound by the terms of this agreement. Dated GREGORY S. HAZLETT ATTORNEY AT LAW 7 W Main Street anicsburg, PA. 17055 hone: (717) 790-5500 Attorney for Plaintiff/Petitioner IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Kell . Mullen COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this ?Cday of,_ N[6) , 2008 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Kelly E. Mullen, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid COMMONWEALTH SEANSYLVANIA KATHRYN E. BERILLA, Notary P01c Bono of Carlisle, Cumber) {n20 201'0 My Commission Expires Oc , IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Hyland A. McDermott COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this J?w day of, , 200# personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Keith D. Mullen, Jr. party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn and subscribed before me the day, month and year aforesaid COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert J. Reese, Notary Public Silver Spring Up., Cumberland County My Commission Expires Aug. 10, 2012 Member, Pennsylvania Association of Notaries Notary Public t"} rv ?? _ _ ?; ': -*? ? i _ f,',? cf-? - -z? ,, __ C'?: _ i?T i ^a ? ?: ?? "? , t . -1i FEP 2 7 2000 y .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KELLY E. MULLEN, Plaintiff/Petitioner , V. KEITH D. MULLEN, JR. Defendant/Respondent No. 2008-5529 Civil Action - Custody ORDER OF COURT AND NOW, this V?A , day of , 2009, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Kelly E. Mullen, ( Mother) and Keith D. Mullen, Jr. ( father) as it pertains to the custody of Kaia E. Mullen (hereinafter referred to as "Child") IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have SHARED LEGAL of the child. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, as the parties may agree and their schedules allow. (a) Mother shall have custody of the child at all other days and times that the child is not in the father's custody as outlined above. ???? (b) Father shall have reasonable telephone access to the child in an effort to foster communications as between father and child. (c) The father shall have Christmas day with the child to commence at 12:00 in the afternoon and end on December 26t", at 12:00 in the afternoon. Mother shall have Christmas Eve with the child until Christmas day at 12:00 in the afternoon. (d) All holidays shall be shared between the parties as they may agree based on their respective schedules. (e) The parent receiving custody of the child shall provide transportation. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (g) The parties accept this agreement in lieu of their appearance before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. J. IA -rye T'? N tv, - N28 t7. 1)0 as =a1 E- m Wz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KELLY E. MULLEN, Plaintiff/Petitioner V. KEITH D. MULLEN, JR. Defendant/Respondent No. 2008-5529 Civil Action - Custody THIS STIPULATION AND AGREEMENT entered into this fie6wrj day of 200, by and between, Kelly E. Mullen, (hereinafter referred to as ("Mot er") and Keith D. Mullen, Jr. (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of Kaia E. Mullen, (hereinafter referred to as "Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties. . I . The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have SHARED LEGAL of the child. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, as the parties may agree and their schedules allow. (a) Mother shall have custody of the child at all other days and times that the child is not in the father's custody as outlined above. (b) Father shall have reasonable telephone access to the child in an effort to foster communications as between father and child. . (c) The father shall have Christmas day with the child to commence at 12:00 in the afternoon and th end on December 26, at 12:00 in the afternoon. Mother shall have Christmas Eve with the child until Christmas day at 12:00 in the afternoon. (d) All holidays shall be shared between the parties as they may agree based on their respective schedules. (e) The parent receiving custody of the child shall provide transportation. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. ?? 1 (g) The modification of this agreement by mutual consent of the parties may be rescinded b either y Party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (h) The parties hereto intend to be legally bound by the terms of this agreement. Dated GREGORY S. HAZLETT ATTORNEY AT LAW -7W ,PCMain street 1 haniesburg, PA. 17055 hone: (717) 790-5500 Attorney for Plaintiff/Petitioner . r , IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Kelly . Mullen COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . s.s BE IT REMEMBERED, that on this day of, ?Q.Vw before me the Subscriber, a Notary Public for the State and County afore0 acid, ersonalEly. aMulle d party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHRYN E. BERILLA, Notary Public Boro of Carlisle, Cumberland County I My Commission Expires Oct. 20, 2010 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Hyland A. McDermott COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ' . s.s BE IT REMEMBERED, that on this </ day of, , 200 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Keith D. Mullen, Jr. party to this Agreement, known to me personally to be such, and she acknowled ed the act of signing this Agreement. g Sworn and subscribed before me the day, month and year aforesaid COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert J. Reese, Notary Public Silver spring Twp., Cumberland County My Commission Expires Aug. 10, 2012 Member, Pennsylvania Association of Notaries -Z- -,-, e e ?? /,- ?;'7 Notary Public ?? 1 ? _ - _ _ -: - n? ? -- _ ?. _ -- _rT - r?` °``