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HomeMy WebLinkAbout01-7014DEBBIE J. DETWILER, Plaintiff VS. ROBERT A. DETWILER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O/-7~&I~IL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Debbie J. Detwiler, residing at 252 McAllister Church Road, Carlisle, Pennsylvania. 2. The De~ndant is Robert A. Detwiler, residing at 130 McAllister Church Road, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Ryan L. Detwiler 252 McAllister Church Road, Carlisle 15 The child is presently in the custody of Debbie J. Detwiler who resides at 252 McAlldster Church Road, Carlisle, Pennsylvania. During the child's lifetime, she has resided with Debbie Detwiler. The mother of the child is Debbie J. Detwiler, currently residing at 252 McAllister Church Road, Carlisle, Pennsylvania. The father of the child is Robert L. Detwiler, curremly residing at 130 McAllister Church Road, Carlisle, Pennsylvania. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child is that of Father. 6. The Plaintiff has not participated as a patty or witness, or in another capacity, in other Litigation concerning the custody of the child in this or any other court. 2 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The mother has been the primary care giver of the child from her birth to the present; b. The preference of the 15 year old child is to reside with her mother in North Carolina. 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to her. Date: December 11, 2001 Respectfully submitted, Abom& Kutulakis, L.L.P. JasOn P. Kutulakis, Esquire Attorney I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff Sent By: REDNECK TRLR SUPPLS; 17172416210; Dec-11-01 1:16PM; Page 1/1 I, l~bbie J. Detwil~. h~eb~, ~ th~ the ~ s~t ~h Custody Con~l~int ~ tree and com~ m the best of my kno~ledse heli~£ I uadexmnd that f~lse stst~nents h~in ~ made subject ~o th~ p~li~sl of 18 P~C.S. ~490~, ~htin~ t~ uaswom fids/fics~n ~o .,,tho~i~s. CERTIFICATE OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on this t%~ay of December, 2001, a true and correct copy of the within CUSTODY COMPLAINT was served upon Defendant by United States Marl, First Class, postage pre-paid, addressed as follows: Robert A. Detwiler 130 McAllister Church Road Carlisle, PA 17013 j as o~[i'~. Kutulakis DEBBIE I. DETWILER PLAINTIFF V. ROBERT A. DETWILER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7014 CIVIL ACTION LAW : IN CUSTODY AND NOW, Frida~y, December 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and the/r respective counsel appear before Jae_~_q~eline M. Verne ,Z,Z,Z,Z,Z,Z,Z,Z,Z~sq.~' the conciliator, at 4th Floor, Cumberland Cou~~trlisle~- onWednesd~ _ at 9:3~0 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing· FOR THE COURT, By:/s/_~__~_aC~¢r~ 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 ~nformat~on about accessible fac~htms 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 heating. 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 BarAssociation 2LibertyAvenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 JAN ~ a 200~ ~ DEBBIE J. DETWlLER, Plaintiff V. ROBERT A. DETWILER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-7014 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ,~ ~')day of ~]ALU~~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. k,~, of the Cumberland County Court House, on the/,:~'g~ day of a~,t~(~02, at /t~; tP 19 o'clock, ~ . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Custody Agreement included in the Separation and Property Settlement Agreement dated June 6, 1996 shall be made an Order of Court and remain in full force and effect. BY TH~~_.~ C ~/~on P. Kutulakis, Esquire, counsel for Mother Q/Robert A. Detwiler, pro se · °' 130 McAllister Church Road Carlisle, PA 17013 DEBBIE J. DETWILER, Plaintiff V. ROBERT A. DETWILER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2001-7014 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ryan L. Detwiler February13,1986 Mother 2. A Conciliation Conference was held January 23, 2002 with the following individuals in attendance: The Mother, Debbie J. Detwiler, with her counsel, Jason P. Kutulakis, Esquire, and the Father, pro se. 3. The parties entered a Separation and Property Settlement Agreement dated June 6, 1996 that included a custody agreement. The parties have proceeded under the terms of that agreement since separation. The parties have shared legal custody. Mother has primary physical custody, with Father having alternating weekends, one evening per week and two weeks in the summer. 4. Mother wishes to move to North Carolina for a lateral transfer with her employer. She is presently a customer service representative for Red Neck Trailer Supplies. She indicates that the transfer provides additional opportunities for advancement. She further asserts that her Father and sister would live closer to her if she moved to North Carolina. She is not moving with a boyfriend or to live closer to a boyfriend. She has a home available already for her move. She has investigated the school that her 16-year old daughter would attend. She believes it would be better for the child to move now at the semester break for an easier transition into the new school. Mother indicates that the child's preference is to move with her to North Carolina. 5. Father's position on custody is as follows: Father is concemed that if the move is permitted, he will lose the close relationship he presently has with his daughter. He believes it is the child's best interest to finish high school locally which would occur in 2 1/2 years. If Mother moves, Father wants primary physical custody of the child. Father believes that Mother has promised the child things to influence her opinion on the move. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the status quo. It is expected that the Hearing will require one half(I/2) day. It is requested that the heating be expedited. Date ~~ey, Esquire~'~~ Custody Conciliator DEBBIE J. DETWILER, Plaintiff VS. ROBERT A. DETWILER, Defendant 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7014 CIVIL TERM : CUSTODY MOTION TO RECONSIDER AND NOW, this 15th day of February, 2002, comes the plaintiff, by and through her counsel, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully submits this Motion to Reconsider, and in support thereof avers the following: 1. A hearing on the Custody Complaint was heard before This Honorable Court on February 15, 2002. 2. Following the close of evidence, This Honorable Court articulated its reasons for denying plaintiff's request to relocate. 3. This Honorable Court implemented the three criteria set forth by the seminal case of Gruber v. Crmber, 583 A.2d 434 (Pa. Super 1990). 4. The court found that plaintiffhad sustained her burden by proving that her reasons for moving to North Carolina would substantial improve the quality of life for she and the parties sixteen (16) year-old daughter, Ryan. 5. Therefore, the first prong of Gruber has been met. 6. The court found that plaintiWs motives for moving to North Carolina were not frought with a purpose of frustrating the defendant's visitation rights or to impede the relationship between Ryan and the defendant. The court found that plaintiff chose to relocate for no other reason than to improve her quality of life. 7. Therefore, the second prong of Gruber has been met. 8. The court found that in today's technology, ie. email, telephone and cheaper airfares, communications are better and easier than ever. 9. The court found that Ryan had a significant bond with her mother, the primary caretaker since Ryan's birth. 10. The court found that Ryan desired to move to North Carolina with her mother. 11. The court found Ryan to be an intelligent and emotionally mature teenager. 12. The court found that Ryan could spend the summer months and long school breaks with her defendant in Carlisle. 13. The court found that the third prong of Gruber was frustrated with a move to North Carolina. 14. The third prong of Gruber requires that there be a realistic arrangement to allow the non-custodial parent to maintain a relationship with the child. 15. This Honorable denied the request to relocate to North Carolina based upon the third prong of Gruber. 16. "It is well settled that [the third prong of Gruber] alone cannot defeat a requested relocation move where it has been shown to offer real advantages to the custodial parent and child." Anderson v. McVa¥, 713 A.2d 666 (Pa. Super 1998). 17. A relocation request will not be denied simply because existing visitation arrangements cannot be maintained. Gancas v. Schult~, 683 A.2d 1207 (Pa. Super 1996). 18. It ~s beheved and therefore averred that the defendant s relationship with Ryan ay be maintained through extended visitation over the summer and school vacations. WHEREFORE, plaintiff respectfully requests that This Honorable Court reconsider its February 15, 2002, denial of plaintiff's request to relocate with Ryan. Respectfully submitted, Aborn & KutulaMs, L.L.P. Date: February 15, 2002 on P. Kutulakis, Esquire omey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 2 VEP, Z~ PURSUANT TO Pa.R.C.P. ~.024(c) I, Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks suffident knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: Februa~/15, 2002 Kutulakis~-Esquire 3 CERTZFZCATE OF SERVZCE AND NOW, this 15th day of February, 2002, ]~, 3ason P. Kutulakis, Esquire, hereby certify that ! did serve a true and correct copy of the foregoing MOTION TO RECONSIDER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Robert Detwiler 130 McAIlister Church Road Carlisle, PA 17013 .la~son P. Kutulakis DEBBIE J. DETWILER, : Plaintiff : V. : ROBERT A. DETWILER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7014 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of February, 2002, after hearing, the Petition of Debbie J. Detwiler to be allowed to relocate with the child to the state of North Carolina is DENIED. If she chooses to relocate to North Carolina, the following custody arrangement shall be in effect: A. Primary physical custody of the child shall be placed with Robert A. Detwiler, with mother having overnight visitation one weekend per month. Transfer of the child to be at a mutually agreeable halfway point. The visitation to be from 7:00 p.m. Friday until 7:00 p.m. Sunday. B. Mother shall have primary physical custody of the child from the first Monday after school lets out until the Friday before school begins each summer, with Father having visitation one weekend per month in the summertime in accordance with the school year visitation schedule granted to mother. Until such time as mother relocates, the custody order dated January 29, 2002, which incorporated the terms of the parties' separation agreement shall remain in full force and effect. Jason p. Kutulakis, Esquire SUite 204 8 South Hanover Street Carlisle, PA 17013 Robert A. Detwiler, Pro Se 130 McAllister Church Road Carlisle, PA 17013 By the Court, Edward E. Guido, :mae DEBBIE J. DETWILER, Plaintiff VS. ROBERT A. DETWILER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7014 CIVILTER/vl : : CUSTODY MOTION TO RECONSIDER AND NOW, this 15th day of February, 2002, comes the plaintiff, by and through her counsel, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully submits this Motion to Reconsider, and in support thereof avers the following: 1. A hearing on the Custody Complaint was heard before This Honorable Court on February 15, 2002. 2. Following the close of evidence, This Honorable Court articulated its reasons for denying plaintiff's request to relocate. 3. This Honorable Court implemented the three criteria set forth by the seminal case of Gruber v. Gruber, 583 A.2d 434 (Pa. Super 1990). 4. The court found that plaintiffhad sustained her burden by proving that her reasons for moving to North Carolina would substantial improve the quality of life for she and the parties sixteen (I 6) year-old daughter, Ryan. 5. Therefore, the first prong of G-tuber has been met. 6. The court found that plaintiff's motives for moving to North Carolina were not frought with a purpose of frustrating the defendant's visitation rights or to impede the relationship between Ryan and the defendant. The court found that plaintiffchose to relocate for no other reason than to improve her quality of life. 7. Therefore, the second prong of Gruber has been met. 8. The court found that in today's technology, ie. email, telephone and cheaper airfares, communications are better and easier than ever. 9. The court found that Ryan had a significant bond with her mother, the primary caretaker since Ryan's birth. 10. The court found that Ryan desired to move to North Carolina with her mother. 11. The court found Ryan to be an intelligent and emotionally mature teenager. 12. The court found that Ryan could spend the summer months and long school breaks with her defendant in Carlisle. 13. The court found that the third prong of Gruber was frustrated with a move to North Carolina. 14. The third prong of Gruber requires that there be a realistic arrangement to allow the non-custodial parent to maintain a relationship with the child. 15. This Honorable denied the request to relocate to North Carolina based upon the third prong of Gruber. 16. "It is well settled that [the third prong of Gruber] alone cannot defeat a requested relocation move where it has been shown to offer real advantages to the custodial parent and child." Anderson v. McVa¥, 713 A.2d 666 (Pa. Super 1998). 17. A relocation request will not be denied simply because existing visitation arrangements cannot be maintained. Gancas v. Schultz, 683 A.2d 1207 (Pa. Super 1996). 18. It is believed and therefore averred that the defendant's relationship with Ryan may be maintained through extended visitation over the summer and school vacations. WHEREFORE, plaintiff respectfully requests that This Honorable Court reconsider its February 15, 2002, denial of plaintiff's request to relocate with Ryan. Respectfully submitted, Aborn & Kutulakis, L.L.P. Date: February 15, 2002 on P. Kutulakis, Esquire orney I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 2 VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) I, .lason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: February 15, 2002 .]a~on P. Kutulakis, Esquire 3 CERTZFt'CATE OF SERVZCE AND NOW, this 15th day of February, 2002, 1~, 3ason P. Kutulakis, Esquire, hereby certify that ! did serve a true and correct copy of the foregoing MOTZON TO Ri:CONSIDER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Bv First-Class Hail: Robert Detwiler 130 McAIlister Church Road Carlisle, PA 17013 .la(son P. Kutulakis 4 DEBBIE J. DETWILER, Plaintiff VS. ROBERT A. DETWILER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7014 CIVIL TERM : CUSTODY ORDER AND NOW, this ,~ ~y of February, 2002, after consideration of the within Motion to Reconsider, submitted on behalf of plaintiff, said Motion is hereby GRANTE2. ~) i~_d~l f~, By the Co Edward E. VlN¥^"~,SNi~8 ?AJ..NNO9 Eihl., DEBBIE J. DETWILER, Plaintiff Vo ROBERT A. DETWILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7014 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: REQUESTED PORTION OF PROCEEDINGS Proceedings held before the HONORABLE Edward E. Guido, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on February 15, 2002, in Courtroom Number Five. APPEARANCES: Jason P. Kutulakis, Esquire For the Plaintiff Robert A. Detwiler, Pro Se 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: BY MR. KUTULAKIS: Go ahead. Mr. Kutulakis. Q Mr. Detwiler submitted a pre-hearing memorandum to the Judge regarding -- and it stated in there an individual,s name, Jeff Turley (phonetic). Can you tell -- THE COURT: You've mentioned that. I haven't seen a pre-hearing memorandum from anybody. MR. DETWILER: Your Honor, I submitted one. THE COURT: I haven't seen your's, Mr. Kutulakis, and I have not seen Mr. -- where did you submit it, sir? MR. DETWILER: I was told to send it to the Court Administrator,s office here. THE COURT: That explains why I haven't seen it. Did you send your's to the Court Administrator also, Mr. Kutulakis? MR. KUTULAKIS: Your Honor, I did not submit a pre-hearing memorandum. We covered our witnesses, the length of the hearing, and the facts of the case at the conciliator,s meeting. THE COURT: Well, my order said to submit a pre-hearing memorandum. I wasn't at the conciliator,s meeting. All right. Proceed. Next question. 2 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edward E. Guido, J. Ninth Judicial District 3