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HomeMy WebLinkAbout01-1431KRISTIN MUNDORF, Plaintiff MICHAEL DUPLER and HAZEL and KENNETH DUPLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~' 2001 CIVIL ACTION - LAW CHILD CUSTODY CUSTODY COMPLAINT 1. The plaintiff is Kristin Mundorf, residing at 1 Boeing Road, Apt. 3, New Cumberland, York County, PA 17070. 2. The first-named defendant is Michael Dupler, residing at 420 Market Street, New Cumberland, Cumberland County, PA 17070. 3. The second-named defendants are Hazel and Kenneth Dupler, residing at 426 Market Street, New Cumberland, Cumberland County, PA 17070. 4. Plaintiff seeks custody of the following child: Amber Rose Dupler, whose date of birth is August 2, 1994, and who presently resides at 426 Market Street, New Cumberland, PA 17070. The child was born out of wedlock. The child is presently in the custody of the Defendants, Hazel and Kenneth Dupler, who reside at 426 Market Street, New Cumberland, PA. The child has lived with the following people at the following addresses for the periods indicated: Names Hazel Dupler Kenneth Dupler James Daren as above, also with Plaintiff Address 426 Market Street New Cumberland, PA as above Dates 4/2000 - present birth ~ 4/2000 The mother of the child is Kristin Mundorf, who currently resides at 1 Boeing Road, Apt. 3, New Cumberland, PA. She is married. The father of the child is Michael Dupler, who resides at 420 Market Street, New Cumberland, PA. He is not married. 5. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationshilo Douglas Mundorf husband 6. The relationship of the first named Defendant to the child is that of father. The first named Defendant currently resides with the following persons: Name Relationshir) none known 7. The relationship of the second named Defendants to the child is that of paternal grandparents. The second named Defendants currently reside with the following persons: Name Relationship James Daron Hazel's brother Amber Rose Dupler granddaughter 8. 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 any other court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 because Plaintiff, until her marriage in April, 2000, was the child's primary caretaker and has continued to play an active role in her life on a daily basis. The child remained in her grandparents' home in order to finish the school year. Plaintiff believes that it would serve the child's best interest to reside with her mother. 10. 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. WHEREFORE, pursuant to the Custody Act, 23 Pa.C.S. §5301 et seq., Plaintiff requests the court to grant her custody of the children. Date RESPECTFULLY SUBMITTED: Cindy L. ~,~5'se~, Esquire Attorney ]13'No. 75899 4810 Derry Street Harrisburg, PA 17111 PHONE (717) 564-1084 FAX (717) 564-5158 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Date Kristin Mundorf (~ 4 KRISTIN MUNDORF : PLAINTIFF : V. : MICHAEL DUPLER AND HAZEL AND KENNETH DUPLER DEFENDANT IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1431 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Monday, March 19, 2001 , 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, April 19, 2001 at 11:00 a.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. 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. FORTHECOURT, By: /s/ Dawn S, Sunday, Esq~)'~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KRISTIN MUNDORF, Plaintiff vs. MICHAEL DUPLER and HAZEL and KENNETH DUPLER, Defendant IN THE COURT OF (X)MMON PLEAS OF CUMBERLAND C(Y0NTY, PENNSYLVANIA NO. 01-1431 CIVIL TERM CIVIL ACTICN - LAW IN CUSTODY A[~) NGW, this ~ day of ~.~.W'%~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kristin Mundorf, and the Father, Michael Dupler, shall have shared legal custody of Amber Rose Dupler, born August 2, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall equally share having physical custody of the Child with the specific schedule to be arranged by agreement of the parties to accommodate their work schedules. 3. The parties agree that the Child may also continue to reside with her Paternal grandparents, with the specific arrangements to be established by agreement of the parties. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. During the summer school break, each party shall be entitled to have custody of the Child for three weeks (consecutive or non-consecutive) upon providing at least 2 weeks advance notice to the other party. The party providing notice first under this provision shall be entitled to priority on his or her selection of vacation dates. 6. In the event either party intends to remove the Child frem the Commonwealth of Pennsylvania for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Child can be contacted. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Je cc: Cindy L. Koser, Esquire - Counsel for Mother Michael Dupler, Father Hazel and Kenneth Dupler, Paternal grandparent~ KRISTIN MUNDORF, Plaintiff vs. MICHAEL DUPLER and HAZEL and KENNETH DUPLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CCUNTY, PEA~gSYLVANIA : : NO. 01-1431 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY IN AC~C~DANCE WITH (~Pm~J. AND GOt~X RULE OF CIFiL PBOCED~{E 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: C%~RI~,"I'L¥ IN CUST(X)Y OF Amber Rose Dupler August 2, 1994 Mother/Father 2. A Conciliation Conference was held on April 19, 2001, with the following individuals in attendance: The Mother, Kristin Mundorf, with her counsel, Cindy F. Koser, Esquire, and the Father, Michael Dupler and the Paternal Grandmother, Hazel Dupler, wb~ are not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Custody Conciliator