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HomeMy WebLinkAbout00-05074IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIANE K. KOTHE, Plaintiff V. MICHAEL T. KOTHE, Defendant NO. 00 50? IN CUSTODY COMPLAINT FOR CUSTODY Civil Term AND NOW comes the Plaintiff, DIANE K. KOTHE, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for custody, and in support thereof avers as follows: 1. The Plaintiff is DIANE K. KOTHE whose current address is 114 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MICHAEL T. KOTHE whose current address is 4079 Darius Drive, Enola, Cumberland County, Pennsylvania. 3. The Plaintiff seeks shared physical and legal custody of the following child: STEVEN M. KOTHE, born April 2, 1993 4. The child was born out of wedlock. 5. Plaintiff resides with the child on an alternating weekly schedule. Plaintiff's two older children also reside with her. 6. Defendant resides with the child on an alternating weekly schedule. 7 During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address With Whom birth-8/93 815 Hogestown Rd. Plaintiff/Defendant and Mechanicsburg, PA Plaintiff's older children 8/93-8/96 9 Old Willow Mill Rd. Plaintiff/Defendant and Mechanicsburg, PA Plaintiff's older children 8/96-5/26/00 114 Hogestown Rd. Plaintiff/Defendant and Mechanicsburg, PA Plaintiff's older children 5/26/00-present 114 Hogestown Rd. Plaintiff and Mechanicsburg,PA Plaintiff's older children 8. The father of the children is MICHAEL T. KOTHE. He is married to Plaintiff. 9. The mother of the children is DIANE K. KOTHE. She is married to Defendant. 10. The child currently resides with both Plaintiff and Defendant on an alternating weekly schedule. 11. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other State. 13. The 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. 14. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 15. The best interest and permanent welfare of the minor child will be served by granting Plaintiff shared physical and legal custody of STEVEN. WHEREFORE, Plaintiff requests this Honorable Court to grant her shared physical and legal custody of the minor child. Respectfully submitted, Maryan Murphy, Esqui e L Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff I, DIANE K. KOTHE, verify that the statements made in the foregoing Custody 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 unsworn falsification to authorities. DIANE K. KOTHE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAMP DIANE K. KOTHE, Plaintiff V. MICHAEL T. KOTHE, Defendant NO. IN CUSTODY CERTIFICATE OF SERVICE Civil Term I, Maryann Murphy, Esquire, do hereby certify that on the day of 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, MICHAEL T. KOTHE, at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Respectfully ?ubmitte , l Maryan Murphy, Esquire l Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 C ?{ J7 "C a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIANE K. KOTHE, Plaintiff :NO. 00 -674 V. IN CUSTODY MICHAEL T. KOTHE, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, DIANE K. KOTHE, Plaintiff, to proceed in forma au eris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma na uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. MaryannvMurphy, Esquire ' Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIANE K. KOTHE, Plaintiff :NO. 0 0 V. IN CUSTODY MICHAEL T. KOTHE, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am DIANE K. KOTHE, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: DIANE K. KOTHE Address: 114 Hogestown Road. Mechanicsburg. PA 17055 (b) Social Security Number: 198-50-2027 If you are presently employed, state Employer: HACC Address: One HACC Drive Harrisburg, PA 17110-2999 Salary or wages per month: $1,353.00 Type of work: Server If you are presently unemployed, state N/A Date of last employment: N/A Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: -0- Other self-employment: cleaning - $360.00 (no longer available) Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: $651.00 Disability payments: Unemployment compensation and supplemental benefits: -0- Workman's compensation: Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: N/A Type of work: Contributions from children: (e) Property owned Cash: Checking Account: Savings Account: $25.00 Certificates of Deposit: Real Estate (including home): -0- Motor vehicle: Make Oldsmobile Year 1993 Cost $1,900.00 Amount owed -0- Stocks; bonds: Other: -0- (f) Debts and obligations Mortgage: Rent: $825.00 Loans: Credit cards - unknown balance Monthly Expenses: $1,893.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Brandon Name: Aaron Name: Steven Age: Age: Age: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: lQ d lli:?- L-F?L DIANE K. KOTHE i?liSd% ` . ?$AtlE?S?r •.., w`f: aktA%tL`4iele2§+i^S^?? ?A? ? .. .? 1 + r^, 4. ? ?711? i" ' ?:'- r_ ` ? ?''? ?J .-?!' . - - _? -_ ? m - .? ?:? `? le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIANE K. KOTHE, Plaintiff No. ty - 5 ©7 I Civil Term V. MICHAEL T. KOTHE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 24 day of 2000, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor child, STEVEN M. KOTHE, bom April 2, 1993, is awarded as follows: 1. The parents shall share legal custody of the minor child, STEVEN. (a) All major decisions affecting the child's growth and development shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, medical, educational and religious matters. (b) Each parent shall keep the other informed of the progress of the child's education and social adjustments. Each parent shall give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the child. (c) While in the presence of the child, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for contact. (e) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary. (f) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. (g) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, etc. and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parents may, and are encouraged to, attend school conferences and activities, as their schedules permit. Both parents' names shall be listed with the school. Both parents shall provide the other with any and all information received by them from the school. 2. The parents shall share physical custody of STEVEN on an alternating weekly basis, beginning on Mondays after daycare/school and ending on Mondays to daycare/school. MOTHER and FATHER shall allow the minor child to have liberal contact with both parents, regardless "of which parent has custody during a given week. 3. The parents shall give the other the "right of first refusal" to care for the child if that parent will be away from the child for more than two (2) hours. 4. MOTHER shall have the child on Mother's Day and FATHER shall have the child on Father's Day. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00 on the holiday. 5. Memorial Day and Labor Day shall be alternated between the parents each year. The hours shall be from 5:00 p.m. the Friday before the holiday until 6:00 p.m. the day of the holiday. In 2000 and in all even years thereafter, MOTHER shall have Memorial Day and FATHER shall have Labor Day. In 2001 and in all odd years thereafter, FATHER shall have Memorial Day and MOTHER shall have Labor Day. 6. The Fourth of July shall be alternated between the parents each year. The hours shall be from 10:00 a.m. on July 0 until 10:00 a.m. on July 5" In 2000 and in all even years thereafter, MOTHER shall have the Fourth of July. In 2001 and in all odd years thereafter, FATHER shall have the Fourth of July. 7. Easter shall be shared between the parents each year. If Easter falls during MOTHER's period of custody, FATHER shall have the minor child from 1:00 p.m. until 8:30 p.m. on Easter Sunday. If Easter falls during FATHER's period of custody, MOTHER shall have the minor child from 1:00 p.m. until 8:30 p.m. on Easter Sunday. The Thanksgiving holiday shall be divided into two (2) segments and shall be alternated between the parents each year. Segment "A" shall be from 4:00 p.m. the Wednesday before Thanksgiving until 4:00 p.m. on Thanksgiving Day. Segment "B" shall be from 4:00 p.m. on Thanksgiving Day until 4:00 p.m. the Friday after Thanksgiving. In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 9. The Christmas holiday shall be divided into two (2) segments and shall be alternated between the parents each year. Segment "A" shall be from 4:00 p.m. on December 24' until 2:00 p.m. on Christmas Day. Segment "B" shall be from 2:00 p.m. on Christmas Day until 4:00 p.m. on December 26`x'. In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 10. The parents shall each have the opportunity to see the minor child on his birthday, April 2"a, and on each of their birthdays. 11. The schedules for all holidays, special occasions and vacations shall take priority over the regular alternating weekly schedule. 12. There shall be reasonable telephone access between the child and both parents. The child shall be permitted reasonable telephone access to place calls to his parents. 13. By mutual consent of the parents, a revised schedule may be agreed upon between them for and in the best interests of their minor child. 14. This Order shall replace and supercede any and all prior Custody Orders, and shall remain in full force and effect until further Order of Court. J. ins BY THE COURT: J ivP1 IN THE COURT OF COMMON PLEAS OF'CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL ACTION - LAW DIANE K. KOTHE, Plaintiff V. MICHAEL T. KOTHE, Defendant No. D'o - 52) 7 y : IN CUSTODY Civil Term STIPULATION FOR ENTRY OF CUSTODY ORDER DIANE K. KOTHE (hereinafter referred to as "MOTHER"), and MICHAEL T. KOTHE (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to STEVEN M. KOTHE, born April 2, 1993, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of STEVEN as follows: 1. The parents agree to share legal custody of the minor child, STEVEN. (a) All major decisions affecting the child's growth and development shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, medical, educational and religious matters. (b) Each parent agrees to keep the other informed of the progress of the child's education and social adjustments. Each parent agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the child. (c) While in the presence of the child, neither parent shall make, or permit any other person to make, any remarks or do anything which could in anyway be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for contact. (e) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary. (f) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. (g) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, etc. and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parents may, and are encouraged to, attend school conferences and activities, as their schedules permit. Both parents' names shall be listed with the school. Both parents shall provide the other with any and all information received by them from the school. 2. The parents agree that they shall share physical custody of STEVEN on an alternating weekly basis, beginning on Mondays after daycare/school and ending on Mondays to daycare/school. MOTHER and FATHER agree that they shall allow the minor child to have liberal contact with both parents, regardless of which parent has custody during a given week. The parents agree that each shall give the other the "right of first refusal" to care for the child if that parent will be away from the child for more than two (2) hours. 4. The parents agree that MOTHER shall have the child on Mother's Day and FATHER shall have the child on Father's Day. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00 on the holiday. 5. The parents agree to alternate Memorial Day and Labor Day each year. The hours shall be from 5:00 p.m. the Friday before the holiday until 6:00 p.m. the day of the holiday. In 2000 and in all even years thereafter, MOTHER shall have Memorial Day and FATHER shall have Labor Day. In 2001 and in all odd years thereafter, FATHER shall have Memorial Day and MOTHER shall have Labor Day. 6. The parents agree that they shall alternate the Fourth of July each year. The hours shall be from 10:00 a.m. on July 4'h until 10:00 a.m. on July 5`h. In 2000 and in all even years thereafter, MOTHER shall have the Fourth of July. In 2001 and in all odd years thereafter, FATHER shall have the Fourth of July. 7. The parents agree that Easter shall be shared between them each year. If Easter falls during MOTHER's period of custody, FATHER shall have the minor child from 1:00 p.m. until 8:30 p.m. on Easter Sunday. If Easter falls during FATHER's period of custody, MOTHER shall have the minor child from 1:00 p.m. until 8:30 p.m. on Easter Sunday. 8. The parents agree that the Thanksgiving holiday shall be divided into two (2) segments and shall be alternated between them each year. • Segment "A" shall be from 4:00 p.m. the Wednesday before Thanksgiving until 4:00 p.m. on Thanksgiving Day. Segment "B" shall be from 4:00 p.m. on Thanksgiving Day until 4:00 p.m. the Friday after Thanksgiving. In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 9. MOTHER and FATHER agree that the Christmas holiday shall be divided into two (2) segments and shall be alternated between them each year. Segment "A" shall be from 4:00 p.m. on December 24`h until 2:00 p.m. on Christmas Day. Segment "B" shall be from 2:00 p.m. on Christmas Day until 4:00 p.m. on December 26" In 2000 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2001 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". 10. The parents agree that each shall have the opportunity to see the minor child on his birthday, April 2"d, and on each of their birthdays. 11. The schedules for all holidays, special occasions and vacations shall take priority over the regular alternating weekly schedule. 12. The parents agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted reasonable telephone access to place calls to his parents. 13. Both parents agree that, by their mutual consent, a revised schedule maybe agreed upon between them for and in the best interests of their minor child. 14. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry ofa Custody Order on the date indicated below. ?Adp Date g 12& bz Date Witness Witness t -L Vi7l DIANE K. KOTHE c7 ?,? ;-} `, `--- - ; :- ?-iS , `' - .? -- , --;, r ; ' ?? - " ? : ?' _^