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Home My WebLink About05-0263 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D6// ~te:J KEITH E. KUNTZ, Plaintiff CHRISTINE S. DULL, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Keith Edward Kuntz, who currently resides at 7043 Carlisle Pike, Lot 329, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Christine Sue Dull, who currently resides at 34 Mt. View Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following child: Name: Aaron Christopher Kuntz Date of Birth: October 30, 1999 Address: 34 Mt. View Terrace, Newville, PA 17241 4. The child was born out of wedlock. 5. The child is presently in the custody of Christine Sue Dull, who resides at 34 Mt. View Terrace, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Christine Dull, Jon & Jennifer 34 Mt. View Terrace Weldon (friends), Mike Hess, Newville, PA (paramour) 11/27/04 to present Keith Kuntz and Christine Dull 7043 Carlisle Pike, 329 10/30/99 to 11/27/04 Carlisle, P A 7. The mother of the child is Christine Sue Dull, who resides at 34 Mt. View Terrace, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Christine Sue Dull, is not married. 9. The father of the child is Keith Edward Kuntz, who currently resides at 7043 Carlisle Pike, Lot 329, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Keith Edward Kuntz, is not married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Defendant currently resides with the following persons: Mike Hess, (mother/defendant's paramour), and Jon & Jennifer Weldon (mother/ defendant's friends) 14. The 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. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor child since his birth. He has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; 111. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; VI. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Father. c. Father is able to provide a stable environment for the child. 18. 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 the Plaintiff/Father. Respectfully submitted, ABOM & KUTULAKlS, L.L.P. DATE 01/12-/ ()j 1//' ., /1 ' NZ.lcLlL). (1ClO~l{iz~ Kara W. Haggerty c.{ ( ill No. 86914 \... 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Keith Edward Kuntz, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date 1/ vuu"'y b5 /!~~,~ Keit~;ard V;:;Z CERTIFICATE OF SERVICE AND NOW, this 12th day of January, 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Paul Orr 50 E. High Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 0-f/fl L () 1- llfiJ a -Iz !_ Kara W. Haggerty ____ ID No. 86914 U ."-.. 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff (:&~~ "- vi' ~ 8' ~~cS ~ ~ ---. ~ .-.... ~ ~ ,...., 0 C) c::, ~~ C--::l -n c..n .-1 ".r~ '-, : <- III ,--~ ;.~-'; rT1p ""'- -r11"n :~JV N .-) I :.~!() _-r~ I ""? ,'''--n .>to,,-_ ~F;~ {~-. -- ..........,. , - <.;? .- (-- "'y--,. :::~1 (..) ~~ ....., -<. C> KEITH E. KUNTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-263 CIVIL ACTION LAW CHRISTINE S. DULL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jannary 19,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday., February 17,2005 , the conciliator, 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 ifthis 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 Huben X Gilrov. Esq. Custody Conciliator .:J-- 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 A TTORNEY 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 32 South Bedford Strect Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ~ ~. # "?- ~ ~/ 5C7 ->Y'/ ' ~1;J ~7 ~ ~~:/~.k; ->0 J'e".'/ r~ ~/.;7 ~'~/~ p;;;; 59 JP/ .'. " '. I '" ',:':, ....1.' C' i'."." ,'.' ,.,. oJ ......... ' y " \.J1'W KEITH E. KUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHRISTINE S. DULL, Defendant NO. 2005 - 263 IN CUSTODY COURT ORDER AND NOW, this ~ day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Keith E. Kuntz, and the mother, Christine S. Dull, shall enjoy shared legal custody of Aaron Christopher Kuntz, born October 30, 1999. 2. Physical custody of the minor child shall be handled as follows: a. Father shall have physical custody of the minor child on those days when he is off work for two consecutive days. On those days, father shall receive custody of the minor child no later than 9:30 a.m. and deliver the child back to the mother before father goes to work again in the afternoon at approximately 4:00 p.m. Additionally, father shall have custody of the minor child for two days during the week from 9:30 a.m. until 4:00 p.m., those days to be arranged between the parties. b. Mother shall have custody of the minor child at all other times. 3. The schedule outlined above may be modified at any time by the parties upon agreement, and the parties may conduct the custody situation as they agree. Absent an agreement, the schedule set forth above shall control. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. S. Each parent shall be entitled to at least two weeks of non-consecutive vacation time with the minor child during the summer months or during other times that the parent exercises vacation. The parent should give the other parent at least 60 days notice as to when they intend to exercise vacation. oN .,:S" c;;) lL~ C. ..,~:- , c:~": "'.,,',, .,'.,- ~i.'" ~.r'7J c.;) c;,::l <'. ~ ~ 6. The parties shall alternate custody of the minor child on major holidays. These holidays shall include New Year's Day, Easter, Memorial Day, July 4, and Labor Day. 7. For Thanksgiving and in the situation that the parties can not reach an agreement, Thanksgiving shall be split into two segments, with segment A being 9:00 a.m. until 3:00 p.m. and segment B being 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments each year unless they agree upon another schedule. 8. For the Christmas holiday and assuming the parties do not agree upon an alternate schedule, the holiday shall be divided into two segments; segment A shall be December 24 at noon until December 25 at noon and segment B shall be December 25 at noon until December 26 at noon. The parties shall alternate custody under the segment A/segment B schedule unless they agree to the contrary. 9. The parties shall endeavor to undergo some type of family counseling in an effort to address any issues that may be involved in the ability of the parties to work with each other to facilitate a meaningful custody arrangement. Cost of this counseling shall be shared between the parties after the insurance payments are made by any applicable insurance. 10. Legal counsel for the parties may contact the Custody Conciliator at any time to initiate another conference which may be a telephone conference between the attorneys and the Conciliator. 11. The point of transfer for exchange of custody of the minor child shall be at the maternal grandmother's home. BY THE COURT, ~ cc: ....JfiSon Kutulakis, Esquire ..paUl Orr, Esquire ) ~03-0 7-03 .. j 0 1 m.}Y ~ KEITH E. KUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CHRISTINE S. DULL, Defendant NO. 2005 - 263 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to tbe child who is the subject of this litigation is as follows: Aaron Christopher Kuntz, born October 30, 1999. .. 2. A Conciliation Conference was held on February 25, 2005, with the following individuals in attendance: The father, Keith E. Kuntz, with his counsel, Jason Kutulakis, and the mother, Christine S. Dull, with her counsel, Paul Orr. 3. The parties agree to the entry of an order in the form as attached. ;1-;;; tr d J' DATE Hubert X. Gilroy, Custody Concilia r KEITH E. KUNTZ, Plaintiff I RECEIVED MAY 0 2 2005~.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CHRISTINE S. DULL, Defendant NO. 2005-263 IN CUSTODY COURT ORDER AND NOW, this ~ day of May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of March 2, 2005 is modified as follows: 1. It is understood that when father has his two overnights per week, they shall start at 9:30 a.m. on the day father has off from work and continue the following two days with father returning the child at 4:00 p.m. For example, if father is off work Tuesday evening and Wednesday evening, he shall pick the child up on Tuesday at 9:30 a.m. and return the child to mother on Thursday at 4:00 p.m. 2. Father's additional time during the week shall be one day from 9:30 a.m. until 4:00 p.m., that day to be worked out between the parties. 3. Father shall provide mother with his work schedule as soon as he receives his work schedule for the upcoming month, and father shall also communicate in writing with mother with respect to his anticipated times for overnights during the upcoming month based upon that schedule. Mother will also provide her work schedule to father when she receives that schedule. 4. The location for exchange of custody shall be WaI-Mart in Carlisle unless agreed otherwise by the parties. r- r-:= Ll._ ~:..) '-..... ,L) I :'j >: :J:: 1.n t,;:::i> c;..;) <~....;. .J (.) - , 5. The provision with respect to the parties having the ability to contact the Conciliator directly in the event that this Order needs to be modified shall remain in effect. 6. In all other respects, this Court's prior Order of March 2, 2005 shall remain in effect. BY THE COURT, ccka W. Haggerty, Esquire Aaul Bradford Orr, Esquire KEITH E. KUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PJ!:NNSYL VANIA v CIVIL ACTION - LAW CHRISTINE S. DULL, Defendant NO. 2005-263 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator met again with the parties and their attorneys and, based upon that Conference, the Conciliator recommends an Order in the form as attached. S~::2- 6.1 DATE , H~Wn Custody Conciliator