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HomeMy WebLinkAbout04-4760Ronald E. Kutz,, Plaintiff Marjorie R. McMullen, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - ' CIVIL TERM : 1N CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Ronald E. Kutz, residing at 21589 Point Lookout road, Leonardtowm Maryland, 20650. The defendant is Marjorie R. McMullen, residing at 10 Heights Road, Newville, Cumberland County, Pennsylvania, 17241. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Daniel E. Kutz 10 Heights Rd. 10/29/86 17 yrs. 10 mos. Andrew B. Kutz Tyler A. Kutz Brielle A.L. Kutz Jaedarme A.R.. Kutz Newville, PA 17241 10 Heights Rd. Newville, PA 17241 10 Heights Rd. Newville, PA 17241 10 Heights Rd, Newville, PA 17241 10 Heights Rd. Newville, PA 17241 07/12/88 16 yrs. 1 mo. 04/01/93 11 yrs. 4 mos. 08/08/95 9 yrs. 0 mos. 01/15/97 7 yrs. 7 mos. The children were not bom out of wedlock The children are presently in the custody of McMullen, residing at 10 Heights Road, Newville, Cumberland County, Pennsylvania, 17241. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Ronald & Marjorie R. Kutz I0 Heights Rd. Newville, PA 17241 8/99 to 12/99 Marjorie R. Kutz 10 Heights Rd. Newville, PA 17241 12/99 to 10/00 Ralph McMullen & Marjorie R. Kutz 10 Heights Rd. Newville, PA 17241 10/00 to 02/01 Ronald & Marjorie R. McMullen 10 Heights Rd. Newville, PA 17241 02/01 to Pmsent The mother of the children is Marjorie R. McMullen, residing at 10 Heights Road, Newville, Ctnnberland County, Pennsylvania, 17241. She is married. The father of the children is Ronald E. Kutz, residing at 21589 Point Lookout road, Leonardtown, Maryland, 20650. He is married. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons. Name Relationship Lynne Kutz Wife Mark Mate Step-Son Amanda Mate Step-Daughter Ryann Mate Step-Soon 10. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons. NalTle Ralph McMullen Daniel E. Kutz Andrew B. Kutz Tyler A. Kutz Brielle A.L. Kutz Jaedanne A.R.. Kutz Rylie McMullen Relationship Husband Son Son Son Daughter Daughter Daughter 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know ora person not a party to the proceedings who have physical custody of the children and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff wishes to continue a good relationship with his children. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. WHEREFORE, Plaintiff requests this Court grant Plaintiff shared legal custody along with a partial physical custody schedule. Respectfully submitted, Date: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Ronald E. Kutz,, Plaintiff Marjorie R. McMullen, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - CIVIL TERM : 1N CUSTODY VER!FICATt©N I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made sub. ject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unswom falsification to authorities. RONALD E. KUTZ PLAINTIFF MARJORIE R. MCMULLEN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4760 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 26, 2004 at 10:30 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 ma,/ 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, SI}eciai Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinc,. FOR THE COURT. By: /si ]acqueline M. Ve~rnhc Custody Conciliator The Court of Common Pleas of Cumberland County is reqmred 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 belbre the court, please contact our office. Ail arrangements must be made at least 72 hours prior to any hearing ur 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 tlELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RONALD E. KUTZ, Plaintiff MARJORIE E. McMULLEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-4760 CIVIL TERM : : CIVIL ACTION -. LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2 q" day of Oe~ 1¢~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Ronald E. Kutz, and the Mother, Marjorie E. McMullen shall have shared legal custody of Daniel E. Kutz, bom October 29, 1986, Andrew B. Kutz, bom July 12, 1988, Tyler A. Kutz, bom April 1, 1993, Brie, lle A. L. Kutz, bom, August 8, 1995 and Jaedanne A. R. Kutz, bom January 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the three younger children, recognizing that the two older children have part time jobs and other activities that may make it impossible to comply with the following custody schedule: A. One weekend per month, provided he give Mother two weeks prior notice from Saturday at 9:00 a.m. to Sunday at 3:00 p.m. the children's paternal grandmother is permilted to transport the children, provided she does not smoke in the automobile. B. During the summer from the first day after school recesses to June 30. C. Such other times as the parties agree. 4. The Christmas holiday shall be defined as the day after school recesses to the day before school resumes. This period shall be divided equally between the parties and alternated from year to year. Father shall have the first half of said period in 2004. 5. Father or paternal grandmother shall be responsible for all transportation. 6. Neither Father nor his current wife is permitted to enter Mother's house without Mother or her current husband being present. 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. BY THE COURT, cc:,,MIark F. Bayley, Esquire, Counsel for Father ~t'astin Grogan, Esquire, Counsel for Mother RONALD E. KUTZ, Plaintiff MARJORIE R. McMULLEN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-4760 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 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 C, hildren who are the subject of this litigation is as follows: NAME DATE OF BIRTH CUPd~ENTLY IN CUSTODY OF Daniel E. Kutz Andrew B. Kutz Tyler A. Kutz Brielle A. L. Kutz Jaedanne A. R. Kutz October 29, 1986 Mother July 12, 1988 Mother April 1, 1993 Mother August 8, 1995 Mother January 15, 1997 Mother 2. A Conciliation Conference was held in this matter on October 26, 2004, with the following individuals in attendance: The Father, Ronald E. Kutz, with his counsel, Mark F. Bayley, Esquire and Mother, Marjorie R. McMullen, with her counsel, Austin Grogan, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. /O -~. '7 -& 3, Date 6Jacqtl61ine M. Vemey, Esquire Custody Conciliator