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HomeMy WebLinkAbout04-4547Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff STEVEN D. BUTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. Oq-- NOTICE TO DEFEND AND CLAIM RIGHTS TO THE RESPONDENTS NAME HEREiN: You have been sued in Court. lfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff STEVEN D. BUTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is PAMELA C. BUTZ (hereinafter referred to as "Mother"), who currently resides at 80 Keefer Way, Mechanicsburg, Cumberland Coumy, Pennsylvania, 17055. 2. The Defendant is STEVEN D. BUTZ (hereinafter referred to as "Father"), who currently resides at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. NAME Madeline G. Butz Plaintiffseeks shared legal and physical custody of the following children: Morgan A. Butz Meredith O. Butz PRESENT RESIDENCE 1784 Winterhaven Drive Mechmficsburg, PA 1784 Winterhaven Drive Mechanicsburg, PA 1784 Winterhaven Drive Mechanicsburg, PA DATE OF BIRTH 1 O~ 12/92 7/30/94 9/9/96 4. The children are presently in the shared custody of both parents who are currently residing at the addresses referenced above. 5. During the past five years the children have resided with the following persons at the following addresses: DATES 1999 to May 20,2004 ADDRESSES 1784 Winterhaven Drive Mechanicsburg, PA NAMESOFPERSONS IN HOUSEHOLD Mother, Father and children May 20, 2004 to Present 1784 Winterhaven Drive Mechanicsburg, PA Father and children May 20, 2004 to Present 80 Keefer Way Mechanicsburg, PA Mother and children 6. The Father of the children is Steven D Butz, currently residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 7. The Mother of the children is Pamela C. Butz, currently residing at 80 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The parties are currently separated and their divorce is pending. currently resides with the following persons: NAME Pamela C. Butz The relationship of the Plaintiffto that of the children is that of Mother. The Plaintiff RELATIONSHIP Self resides with the following persons: NAME Steven D. Butz Madeline G. Butz Morgan A. Butz Meredith O. Butz The relationship of the Defendant to the children is Father. The Defendant currently RELATIONSHIP Self Daughter Daughter Daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 13. The best interest and permanent welfare of the children will be served by granting the relief requested. This action is being commenced so that the agreement of the pa_~ties regarding custody can be confirmed by Court Order. 3 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiffrequests the Court to grant shared legal and physical custody of the children to the Plaintiff DATE: August~ 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY STEVEN D. BUTZ, Defendant : NO. VERIFICATION I, Pamela C. Butz, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are tree and correct to the best of my knowledge, information and belief I understand that any false statements made here!n are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated:(~/' {'7 ,2004 PAMELA C. BUTZ Barbara Sumple-Sullivan, Esquire Supreme Court #323 l 7 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff STEVEN D. BUTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CiVIL ACTION - LAW STIPULATION REGARDING CUSTODY THISAGREEMENTis made this__ day of ,2004, by and between Pamela C. Butz, (hereinafter referred to as "Mother") an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania, and Steven D. Butz, (hereinafter referred to as "Father") an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of three (3) children, Madeline G. Butz, (born October 12, 1992), Morgan A. Butz, (born July 30, 1994), and Meredith O. Butz, (bom September 9, 1996); WHEREAS, Mother and Father have decided to divorce and Mother will be relocating from the marital home; WHEREAS, the parties now desire to amicably resolve all matters concerning custody by agreement related to creation of a custody plan; NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. It is in the best interest of the minor children to allow the parties to share legal and physical custody. 2. The parties hereby agree that an Order of Court shall be entered setting forth the following terms: LEGAL CUSTODY DEFINED. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at decisions that are in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their mother and father by telephone at all reasonable times. B. JOINT PHYSICAL CUSTODY. 1) WEEK DAY SCHEDULE: Physical custody of the minor children shall be shared by Mother and Father on the following schedule: A) Beginning on May 30, 2004 and continuing for four weeks from said date, Mother shall have physical custody of the minor children commencing on Sunday evening at 6 p.m. and continuing through Thursday evening at 6 p.m. During each of those four weeks, Father shall begin custody on Thursday evening at 6 p.m. and continue to Sunday at 6 p.m, He shall then return the children to Mother. 13) Beginning on June 27, 2004 and continuing for four weeks from said date, Father shall have physical custody of the minor children commencing on Sunday evening at 6 p.m. and continuing through Thursday evening at 6 p.m. During each of those four weeks, Mother shall begin custody on Thursday evening at 6 p.m. and continue to Sunday at 6 p.m. She shall then return the children to Father. ¢) Thereafter, the parties agree to continue to alternate the periods of custody every four weeks in accordance with the schedule referenced in A and B above. 2) HOLIDAYS: The parties agree that all holidays shall be shared equally between them as they agree. 3) VACATIONS: Each party shall have at least two weeks of vacation time each year. A week of time shall consist of a seven day period. Thirty days advance notice of the chosen week must be given to the other parent. 4) OTHER RELATIONSHIPS: Each party shall not allow any unrelated members of the opposite sex overnight in their homes while the children are present. In the event either parent is involved in a significant relationship which will include the other having unrelated parties staying overnight, he or she must give a thirty (30) day advance notice to the other parent of this change in living arrangements. RELOCATION: In the event either parent decides to relocate outside of the Mechanicsburg School District, which may cause a material change in this schedule, the parent shall give the other at least sixty (60) days notice prior to any change of address. TELEPHONE CONTACT: Each parent shall be entitled to reasonable telephone contact with the children while they are in the custody and control of the other parent. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as ifa full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE P~E OF: C~Bar~-Sullivan, Esquire ~//P~~r, Esquire Steven D. Butz Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff STEVEN D. BUTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~_ day of~'~2004, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Pamela C. Butz, and P. Richard Wagner, Esquire, counsel for Defendant, Steven D. Butz, it is hereby ordered, adjudged and decreed that the terms, · · ~ d~ conditions and provisions of the foregoing Stipulation for Lustody date 2004 are adopted as an Order of Court.