HomeMy WebLinkAbout02-0650
DEANNA C. JOHNSON,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 02- rood CIVIL TERM
DAVID L. KURTZ,
Defendant
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Deanna C. Johnson, residing at 255 Old State Road, Gardners,
Cumberland County, Pennsylvania.
2. The defendant is David L. Kurtz, residing at 1014 Second Avenue, Oberlin,
Dauphin County, Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Present Residence
Larry Alton Kurtz 255 Old State Road
Gardners, PA 17324
Agg
11
Christian David Kurtz
"
9
The children were not born out of wedlock.
The children are presently in the custody of their mother who resides at 255 Old
State Road, Gardners, PA.
During the past five years, the children have resided with the following persons
and at the following addresses:
Person Address
Deanna Johnson &. Emmanuel Shughart 255 Old State Road
Gardners, PA 17324
26 Woodbury Bldg
Middletown, PA 17057
1014 Second Avenue
Oberlin, PA 17113
Dates
11/5/01 to Present
11/15/00 to 11/4/01
Deanna and David Kurtz
1995 to 11/15/00
The mother of the children is Deanna C. Johnson, currently residing at 255 Old
State Road, Gardners, PA.
The father of the children is David L. Kurtz, currently residing at 1014 Second
Avenue, Oberlin, PA.
4. The relationship of plaintiff to the children is that of mother. The plaintiff
currently resides with the following persons:
Name Relationship
Emmanuel Shughart Paramour
S. The relationship of defendant to the children is that of father. The defendant
currently resides with the following persons:
Name Relationship
NONE
6. 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 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.
7. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
a) Plaintiff can provide the children with a home with adequate moral,
emotional and physical surroundings as required to meet the children's needs;
b) Plaintiff is willing to accept custody of the children;
c) Plaintiff continues to exercise parental duties and enjoys the love and
affection of the children.
8. 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. All other persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the pendency of this action
and the right to intervene:
Name Address Basis of Claim
NONE
Wherefore, plaintiff requests the court to grant her custody of the children.
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DEANNA C. JOHNSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
02-650
CIVIL ACTION LAW
DAVID 1. KURTZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, February 12, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 06, 2002 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be rnade 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: Isl
Jacqueline M. Verney. Esqft^
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 arrangernents
must be made at least 72 hours prior to any hearing or business before the court. You rnust attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY 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
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OCT 0 3 2002
DEANNA C. JOHNSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2002-650 CIVIL TERM
DAVID L. KURTZ,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of October, 2002, the Conciliator being notified that the
parties have reached an agreement regarding custody, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
ustody Conciliator
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DEANNA C. JOHNSON,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NUMBER 02-650 CIVIL TERM
DAVID L. KURTZ,
Defendant
CUSTODY
MOTION FOR CUSTODY ORDER
NOW COMES the Defendant, DAVID L. KURTZ, by his attorney, Charles
E. Petrie, and respectfully represents as follows:
1. Plaintiff is DEANNA C. JOHNSON, who currently resides at 255 Old
State Road, Gardners, County of Cumberland, Pennsylvania.
2. Defendant is DAVID L. KURTZ, who currently resides at 520 South
County Line Road, Geary, Oklahoma.
3. Defendant seeks to have rights of partial physical custody with
respect to LARRY ALTON KURTZ, born May 23,1990, and CHRISTIAN DAVID
KURTZ, born February 9, 1993.
4. A Complaint for Custody was filed on February 6, 2002, but no Order
has been entered.
The children are presently in the custody of their mother, DEANNA C.
JOHNSON.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
schedule a Custody Conciliation Conference so that an Order may be entered.
Respectfully submitted,
~L~~~
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Motion are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
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DEANNA C. JOHNSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
02-650
CIVIL ACTION LAW
DAVID L. KURTZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, January 09, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before.racqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on WedneSday, February 05, 2003 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an eff011 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 hearin~.
FOR THE COURT.
By: Isl
Jacqueline M. Vemey, Esq.
Custody Conciliator
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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 AITORNEY 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 A venue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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FEB 0 6 2003 f{
DEANNA C. JOHNSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: CIVIL ACTION - LAW
DA VID L. KURTZ,
Defendant
: NO. 2002-650 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ;:;~Il./A.AILL, 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. ~L, of the Cumberland
County Court House, on the II-tJJday of 11~ L,,; L ,2003, at k; 30
o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing,
the Father 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 ten 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 Father, David L. Kurtz, and the Mother, Deanna C. Johnson shall
have shared legal custody of Larry Alton Kurtz, born May 28, 1990 and Christian David
Kurtz, born February 9,1993. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergem:y decisions affecting the
children's general well-being including, but not limited to, aU decisions regarding their
health, education and religion.
4.
Mother shall have primary physical custody of the children.
5.
parties.
Father shall have partial physical custody of the children as agreed by the
J.
cc~harles E. Petrie, Esquire, counsel for Father
,/ Lindsay Dare Baird, Esquire, counsel for Mother
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DEANNA C. JOHNSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: CIVIL ACTION - LAW
DA VID L. KURTZ,
Defendant
: NO. 2002-650 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 Children who are the subjects of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRI~NTL Y IN CUSTODY OF
Larry Alton Kurtz
Christian David Kurtz
May 28, 1990
February 9, 1993
Mother
Mother
2. A Conciliation Conference was held February 5, 2003 with the following
individuals in attendance: The Mother, Deanna C. Johnson, with her counsel, Lindsay
Dare Baird, Esquire, and Father's attorney, Charles E. Petrie, Esquire. Father was
available by telephone.
3. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody of the children. Father left the marital home in February, 2002.
He presently resides in Oklahoma. He has had some telephone contact with the children
since his departure and saw them over Christmas, 2002. Father had custody of the
younger child for three days and nights during the Christmas visit. The older child did
not want to go with him at that time. Mother proposes a phasl~d in summer schedule with
Father having 2-4 weeks this summer to be expanded possibly next year. Depending on
how the children react to the visits. Mother is also agreeable to sharing the Christmas
holiday.
4. Father's position on custody is as follows: Father seeks shared legal
custody and partial physical custody with Father having mostofthe summer vacation.
He is willing to arrange for and pay for all transportation. He proposes an alternating
Thanksgiving holiday schedule and sharing the Christmas holiday.
5. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting the parents shared legal custody, Mother primary physical
custody and Father having partial physical custody of the children as agreed by the
parties pending a hearing. It is expected that the Hearing will require one half day.
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Date
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~ Verney, Esquire
Custody Conciliator
DEANNA C. JOHNSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID L. KURTZ
: NO. 2002-0650 CIVIL TERM
ORDER OF COURT
AND NOW, this 10TH day of APRIL, 2003, the hearing scheduled for Monday,
April 14, 2003, at 8:30 a.m. is rescheduled for TUESDAY. MAY 6. 2003. at 1:00 p.m.
in Courtroom # 5. The defendant may participate by telephone ifhe is unable to arrange
transportation from Oklahoma.
Edward E. Guido, J.
v!indsay Dare Baird, Esquire
For the Plaintiff
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vCharles E. Petrie, Esquire
For the Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DEANNA C. JOHNSON,
Plaintiff/Respondent
DAVID L. KURTZ,
Defendant/Petitioner
NO. 02-650 Civil Term
ORDER OF COURT
AND NOW, this 6th day of May, 2003, after
hearing, and by agreement of the parties with regard to the bulk
of this Order, it is ordered and directed as follows:
1. The Father, David L. Kurtz, and the Mother,
Deanna C. Johnson Shughart, shall have shared legal custody of
Larry Alton Kurtz, born May 28, 1990, and Christian David Kurtz,
born February 9, 1993. 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 partial physical custody of
the children as follows:
A. In even-numbered years on Christmas Day at
noon for seven consecutive days.
B. In odd-numbered years from Thanksgiving Day
at 11:00 a.m. until the Sunday following Thanksgiving at noon.
C. For three consecutive weeks each summer to
be agreed upon by the parties. If the parties cannot agree
within 30 days of the requested commencement of visitation, they
shall contact this Court to schedule an emergency hearing.
4. Father shall be entitled to contact the children
by telephone each Sunday at 4:00 p.m. Eastern Time and to talk
with them up to one half hour. Mother shall make the children
available to receive that call.
During the time of summer visitation, Mother
shall be entitled to contact the children at 6:30 p.m. Central
Time. Father shall make the children available to receive said
telephone call.
5. Father shall be responsible for providing all
transportation to and from periods of visitation. Visitation
shall commence at Mother's home and shall conclude at Mother's
home.
6. This Court shall retain jurisdiction.
Edward E. Guido, J.
~tindsay Dare Baird, Esquire
Attorney for Plaintiff/Respondent
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~harles E. Petrie, Esquire
Attorney for Defendant/Petitioner
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DEANNA C. JOHNSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 02- 650
CIVIL TERM
DAVID L. KURTZ,
Defendant
: IN CUSTODY
EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Plaintiff, Deanna Johnson-Shughart, by and through her
attorney, Lindsay D. Baird, Esquire, and respectfully avers the following:
1 ~ The plaintiff is Deanna Johnson-Shughart, residing at 255 Old State Road,
Gardners, Cumberland County, Pennsylvania.
2. The defendant is David L. Kurtz, residing at 520 South County Line Road, Geary,
Oklahoma.
3. An order was entered in this matter on May 6, 2003. A copy is attached and
marked Exhibit A.
4. The order states, inter alia, in paragraph 3C that the children are to be with
Father for three consecutive weeks each summer.
5. Larry, who will be 16 on May 28,2006, does not wish to go to visit Father.
Christian, 13, is agreeable to going.
6. Father is not in agreement with Larry's wishes.
7. Paragraph 3C also states "If the parties cannot agree within 30 days of the
requested commencement of visitation, they shall contact this Court to schedule
an emergency hearing."
WHEREFORE, Plaintiff respectfully requests that Larry Kurtz not be made to go to
Oklahoma this summer for visitation with his Father.
Respectfully submitted,
Indsay Dare rd, Esquire
37 South Hanover
Carlisle, PA 17013
Attorney for Plaintiff
c{
I verify that to the best of my knowledge and belief, the statements made in the
foregoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn falsification to
authorities.
or
,
DEANNA C. JOHNSON,
plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DAVID L. KURTZ,
Defendant/Petitioner
NO. 02-650 Civil Term
ORDER OF COURT
AND NOW, this 6th day of May, 2003, after
hearing, and by agreement of the parties with regard to the bulk
of this Order, it is ordered and directed as follows:
1. The Father, David L. Kurtz, and the Mother,
Deanna C. Johnson Shughart, shall have shared legal custody of
Larry Alton Kurtz, born May 28, 1990, and Christian David Kurtz,
born February 9, 1993. 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 partial physical custody ot
the children as follows:
A. In even-numbered years on Christmas Day at
noon for seven consecutive days.
B. In odd-numbered years from Thanksgiving Day
at 11:00 a.m. until the Sunday following Thanksgiving at noon.
C. For three consecutive weeks each summer to
be agreed upon by the parties. If the parties cannot agree
within 30 days of the requested commencement of visitation, they
shall contact this Court to schedule an emergency hearing.
Cv. A-
4. Father shall be entitled to contact the children
by telephone each Sunday at 4:00 p.m. Eastern Time and to talk
with them up to one half hour. Mother shall make the children
available to receive that call.
During the time of summer visitation, Mother
shall be entitled to contact the children at 6:30 p.m. Central
Time. Father shall make the children available to receive said
telephone call.
5. Father shall be responsible for providing all
transportation to and from periods of visitation. Visitation
shall commence at Mother's home and shall conclude at Mother's
home.
6. This Court shall retain jurisdiction.
Edward E. Guido, J.
)Lindsay Dare Baird, Esquire
\/Attorney for Plaintiff/Respondent
Charles E. Petrie, Esquire
Attorney for Defendant/Petitioner
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DEANNA C. JOHNSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
02-650
CIVIL ACTION LAW
DA VID L. KURTZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, May 26, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 13,2006 at 1:30 PM
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 hearin2.
FOR THE COURT.
By: Isl
ac ueline M. Veme 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 infonnation 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
HA VE 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 170 I 3
Telephone (717) 249-3166
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: IN THE COURT OF COMMON PLEAS OF -- ---~'-
: CUMBERLAND COUNTY, PENNSYL VANIA
DEANNA C. JOHNSON,
Plaintiff /Petitioner
V.
: NO. 2002-650 CIVIL ACTION - LAW
DAVID L. KURTZ,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this 1~(It day o~ .JI_ , 2006, upon
consideration of the attached Custody C ciliation Report, it is ordered and directed as
follows:
I. The prior Order of Court dated May 6, 2003 shall remain in full force and
effect with the following modification:
2. Paragraph 3C shall be modified in part to provide as follows: Father shall
have physical custody of Christian for three consecutive weeks each summer to be agreed
upon by the parties.
3. This Order is entered pursuant to 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.
Edward E. Guido,
J.
cc: Lindsay D. Baird, Esquire, Counsel for Mother)
David L. Kurtz, pro se
520 South County Line Road
Geary, Oklahoma 73040-3222
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