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Home My WebLink About09-4491 JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 HEATHER M. MUTHIG, Plaintiff V. TOD H. MUTHIG Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO' D9--7feig / Ca??l CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Heather M. Muthig, residing at 1463 English Drive, Mechanicsburg, County of Cumberland, Pennsylvania, 17055. 2. The Defendant is Tod H. Muthig, residing at 318 Stumpstown Road, Mechanicsburg, County of Cumberland, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Matthew Muthig 1463 English Drive 10 yrs 2/11/1999 Mechanicsburg, PA 17055 Makenzie Muthig 1463 English Drive 6 yrs 11/6/2002 Mechanicsburg, PA 17055 The children were not born out of wedlock. The children are presently in the custody of Plaintiff/Mother, who resides at 1463 English Drive, Mechanicsburg, Pennsylvania 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME Plaintiff/Mother Defendant/Father RESIDENCE 318 Stumpstown Road Mechanicsburg, PA 17055 DATE 06/2004 - 11/2008 Plaintiff/Mother 1463 English Drive 11/2008 - present Mechanicsburg, PA 17055 The mother of the children is Plaintiff. She is married to Defendant. The father of the children is Defendant. He is married to Plaintiff. 4. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Matthew Muthig Makenzie Muthig Cameron Carlo RELATIONSHIP Subject child, son Subject child, daughter Son 5. The relationship of the Defendant to the children is that of father. The Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Mother has been the primary giver of the children since birth; B. Father's employment requires extensive travel out of state. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to Mother. Dated: )W, 2009 Respectfully submitted, JOHN F. KING LAW, P.C. John F. mg, Esq 're 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION I, Heather M. Muthig, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Custody Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Heather M. uthig Dated:)L'-, , 2009 . R, OF THE NOTAPY 2099 JUL `6 PIN 3: 30 i2 Al' ,t,27 G 3 7 HEATHER M. MUTHIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYI..,VANIA V. TOD H. MUTHIG DEFENDANT 2009-4491 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 09, 2009 , 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 Monday, August 17, 2009 at 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 209 J 2: 2 \I 7 'or ';f,.,Oe c?? HEATHER M. MUTHIG, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TOD H. MUTHIG, DEFENDANT 09-4491 CIVIL TERM ORDER OF COURT AND NOW, this o2~ day of January, 2010, a hearing on the within petition of John F. King, Esquire, to withdraw as counsel for plaintiff, shall commence at 8:45 a.m., Friday, February 5, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~ John F. King, Esquire For Plaintiff Michael Scherer, Esquire For Defendant :sal /~. m~.~. (. ~~ mss- rn~cL4,~, ~/~Q~<d ~~ Albert H. Masland, J. c-~~ ^~ __ _~ ; Lam) _ _ i t ~ ~ ~ ~~ - .~z .- ~ _r, .- _ n~ , _'~ -; ~; `'~ :__._ ` e :~ i ~~ I - .- JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA 17011 717-695-2222 / 717-695-2207 FAX HEATHER M. MUTHIG, Plaintiff v. TOD H. MUTHIG Defendant °Fi1.~D-;~ t-1~;E Attorney for Pla~nt~ff~~~ ~ ~ ~'~ 3~ 49 !! ~- €~C_i{~IV~`~~,1~~'~~ ri ~~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTX, PENNSYLVANIA NO. 2009-4491 CIVIL ACTION -LAW CUSTODY/VISITATION PRAECIPE TO DISCONTINUE Pursuant to Pennsylvania Rule of Civil Procedure 229, please mark the above captioned case as voluntarily discontinued, without prejudice. Dated: May t_, 2010 JOHN F. KING LAVA', P.C. ~~,•' , . r` w--John F. King, Esq. ID# 61919 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff