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Home My WebLink About05-1220 II !I .. DELANOR DAVID KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - / ~ ~.o CIVIL TERM V. CAROL ANN KUNTZ, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Delanor D. Kuntz, Jr., an adult individual who currently resides at 415 Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17241-2570. 2. Defendant is Carol A. Kuntz, an adult individual who currently resides at 210 Green Hill Road, Newville, Cumberland County, Pennsylvania 17241-9574. 3. The parties are the parents of two minor children, Jonathan David Kuntz, born July 1, 1990, and Megan Elizabeth Kuntz, born December 1, 1992. The children were born in wedlock. The children are presently in the custody of Defendant at 210 Green Hill Road, Newville, Cumberland County, Pennsylvania 17241-9574. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Carol A. Kuntz 210 Green Hill Road Newville, Pennsylvania 17241-9574 11/04 - Present Delanor D. Kuntz, Jr. Carol A. Kuntz 210 Green Hill Road Newville, Pennsylvania 17241-9574 1999 - 2004 I! The natural father of the children is Delanor D. Kuntz, Jr., currently residing at 415 Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013-2570. He is married to Defendant. The natural mother of the child is Carol A. Kuntz, currently residing at 210 Green Hill Road, Newville, Cumberland County, Pennsylvania 17241-9574. She is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following persons: Names Relationship Carol A. Kuntz Mother 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: I II ,I I Names Relationship Jonathan David Kuntz Son Megan Elizabeth Kuntz Daughter 6. 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. 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. NONE. 1\ -. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: March ? ,2005 J1J#t~ Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Kuntz\custody.comp , i . DELANOR D. KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - CIVIL TERM CAROL A. KUNTZ, Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICA liON I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~ 1 / ',i /-h '1 I '" .! , "/ 1 " /, (!_~~-li~ [/ 14~ oj jiJ' Delanor D4<untz, Jr. DATE: March t.( , 2005 DELANOR D, KUNTZ, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1220 CIVIL ACTION LAW CAROL A. KUNTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Frid'1'LM.rchl!., 2005 _.__' 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 Floo~,--C~ltI~e~l"n~_C::ouJ!!r Courthouse,_ Ca!!isI~_ on Thursdax~ar"h}I,}OO.s___ at 9:30 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 deline and narrow the issues to be heard by the court, and to enter into a temporary order. All children agc five or older may also be present at the conference. Failurc to appear at the conterence 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, 1\ By: _~_ Tacqueline M. Ver-'!ITL E~__ il\ 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 A HORNEY 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 Bed/(Jrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ",,-vi! c4n????1 ~t/ VS?-, ;""?.?{?/7/ 4dr:v' . '/}" / ,Yr' ,/' ,/ :;c?hf. C WW ~ .f- pr~ ~lL, X/'/7fI )~'?Z;;P(--- 1!:fi? -s'l //P~?Uf' 4/' -;JO?-) r.~ LI c rr""'} i:?> . ~C. T'/''';Y" ~/ /'(/ YV4?C .': i \ ,.. II II I, 'I I I DELANOR D. KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. KUNTZ, Defendant NO. 2005 - JJi}r CIVIL ACTION-LAW IN CUSTODY CIVIL TERM V. ACCEPTANCE OF SERVICE ~ AND NOW, on this the J{ day of March, 2005, I, Douglas G. Miller, Esquire, attorney for Defendant, hereby accept service of the Custody Complaint filed in the above action pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ~~f. Doug s G. Mi er, squire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant RECEIVED APR 04 ZOOSY'J- DELANOR D. KUNTZ. JR.. Plaintiff : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY. ENNSYL VANIA V. : NO. 2005-1220 CIVIL TE CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~r --\--ctay of ~ ,2 05, upon consideration ofthe attached Custody ConciliatlOn eport, it is ordered and directed as follows: I. The Custody provision included in the PF A Order of Co rt dated February 4, 2005 is hereby vacated. 2. The Father, Delanor D. Kuntz, Jr. and the Mother, Carol . Kuntz shall have shared legal custody of Jonathan David Kuntz, born July I, 1990 a d Megan Elizabeth Kuntz, born December I, 1992. Each parent shall have an eq al right, to be exercised jointly with the other parent, to make all major non-emergenc decisions affecting the children's general well-being including, but not limited to, II decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the childr n. 4. Father shall have periods of supervised visitation four ho rs every week either on Saturday or Sunday as agreed by the parties. The supervisors ay be Father's mother or sister or Mother's parents. 5. Father and the children shall attend counseling with a co by the attorneys for the parties. Mother shall be included in the counseli counselor recommends her inclusion. Father shall be responsible for an costs incurred with the counseling. Father and Mother shall coordinate the scheduling fthe counseling, All parties shall sign releases so that the counselor may com unicate with all other counselors, if deemed appropriate. 6. Mother shall be responsible for transportation. 7. The parties shall refrain from making any disparaging or egative remarks with regard to the other directly to the Children or in the presence of the hildren. Each shall ensure that third parties in his/her presence make no such remarks i the presence of the Children. Moreover, neither party shall do anything to alienate the affection of the Children for the other parent. 8. This Order is entered pursuant to an agreement of the pies at a Custody Conciliation Conference. The parties may modify the provisions ofthi Order by mutual consent. In the absence of mutual consent, the terms of this Order shal control. Either party may contact the Conciliator to schedule another Conciliation Con erenceafter three counseling sessions have occurred. /( // BY TIfE'COURT, / , cc: Michael A. Scherer, Esquire, Counsel for Father Douglas G. Miller, Esquire, Counsel for Mother J. ......~.~. \ 120- F~ q j (f ~ZJ<; ..L FlLED-0fFICE OF THE PROTHONOTfiHY 2005 APR -5 PH I: 05 CU'^'. .... , .' ."UHf'{ 1f'J:!J:.:hLi...:"-k..: (..lU l~ I PENNSYLVA"ilA - DELANOR D. KUNTZ, JR., Plaintiff : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY, P NNSYLV ANIA V. : 2005-1220 CIVIL TERM CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPOR IN ACCORDANCE WITH CUMBERLAND COUNTY RU E OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who e the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN USTODY OF Jonathan David Kuntz Megan Elizabeth Kuntz July 1,1990 December 1, 1992 Mother Mother 2. A Conciliation Conference was held in this matter on Ap ill, 2005, with the following individuals in attendance: The Father, Delanor D. Kuntz, J ., with his counsel, Michael A. Scherer, Esquire and Mother, Carol A. Kuntz, with er counsel, Douglas G. Miller, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Cou dated February 4, 2005 in a PF A action against Father at docket no. 2004-5951 that incl ded a custody provision. It provided for Father to have reasonable periods of partial cu todyas agreed upon or by any further order entered in any custody case. 4. The parties agreed to the entry of an Order in the form as ttached. 11-1 Date .--- -oS ;/t ac eline M. Verney, Esqu re Custody Conciliator fib/I/} h/jqJ~~J/ _.~.f.f 4/(11 j~;2 Po s- ~~ 11 Ii i " it II II DELANOR D. KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2005 -1220 CIVIL TERM CAROL A. KUNTZ, Defendant CIVIL ACTION-LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Delanor D. Kuntz, Jr., by and through his attorney, Michael A. Scherer, Esquire, as respectfully represents as follows: 1. The Plaintiff is Delanor D. Kuntz, Jr. (hereinafter referred to as "Father"), an adult individual residing at 415 Dogwood Court, Carlisle, Pennsylvania, 17013-2570. 2. The Defendant is Carol A. Kuntz (hereinafter referred to as "Mother"), an adult individual residing at 210 Green Hill Road, Newville, Pennsylvania, 17241-9574. 3. The parties are the natural parents of two minor children, Jonathan David Kuntz, born July 1, 1990, and Megan Elizabeth Kuntz, born December 1, 1992 (hereinafter referred to as "Children"). 4. The parties are governed by an Order of Court dated April 5, 2005, which is attached hereto as "Exhibit A". 5. The April 5, 2005 Order provides that Mother has primary physical custody and that Father has periods of supervised visitation with Children each weekend for four hours. 6. The April 5, 2005 Order provides that Father and Children shall engage in counseling, which has occurred. II 'I I ! I 7. Father has exercised custody of Children as frequently as possible under the Order and would now like to expand his time with Children. 8. The supervision required under the present Order is no longer necessary as a sufficient time has elapsed since the parties separation that Children are comfortable with Father and Children are of such an age that supervision is unnecessary. WHEREFORE, Father respectfully requests that he be granted additional physical custody with Children and that his custody no longer be supervised. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scher ire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestlclcoonslmodlfycustody.pet - . - '.~ RECEIVED APR 04 mi V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1220 CIVIL TERM DELANOR D. KUNTZ, JR., Plaintiff CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT l- AND NOW, this M day of n 1 , 2005, upon consideration of the attached Custody ConcIlia on Report, it is ordered and directed as follows: 1, The Custody provision included in the PF A Order of Court dated February 4,2005 is hereby vacated, 2. The Father, Delanor D, Kuntz, Jr. and the Mother, Carol A. Kuntz shall have shared legal custody of Jonathan David Kuntz, born July 1, 1990 and Megan Elizabeth Kuntz, born December 1, 1992, 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. 3, Mother shall have primary physical custody of the children. 4. Father shall have periods of supervised visitation four hours every week either on Saturday or Sunday as agreed by the parties, The supervisors may be Father's mother or sister or Mother's parents. 5, Father and the children shall attend counseling with a counselor selected by the attorneys for the parties. Mother shall be included in the counseling if the counselor recommends her inclusion. Father shall be responsible for any costs incurred with the counseling. Father and Mother shall coordinate the scheduling of the counseling. All parties shall sign releases so that the counselor may communicate with all other counselors, if deemed appropriate. 6. Mother shall be responsible for transportation. 7, The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the Children or in the presence of the Children. Each shall ensure that third parties in his/her presence make no such remarks in the presence of . "Exhibi t A" . . the Children. Moreover, neither party shall do anything to alienate the affection of the Children for the other parent. 8. 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. Either party may contact the Conciliator to schedule another Conciliation Conference after three counseling sessions have occurred. BY THE COURT, IS1FtJ4A--~ ~ cc: Michael A, Scherer, Esquire, Counsel for Father Douglas G. Miller, Esquire, Counsel for Mother ~ . . .. DELANOR D. KUNTZ, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-1220 CIVIL TERM CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 subject of this litigation is as follows: .~ NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Jonathan David Kuntz Megan Elizabeth Kuntz July 1, 1990 December 1, 1992 Mother Mother 2. A Conciliation Conference was held in this matter on April 1, 2005, with the following individuals in attendance: The Father, Delanor D. Kuntz, Jr., with his counsel, Michael A. Scherer, Esquire and Mother, Carol A. Kuntz, with her counsel, Douglas G. Miller, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated February 4, 2005 in a PF A action against Father at docket no, 2004-5951 that included a custody provision. It provided for Father to have reasonable periods of partial custody as agreed upon or by any further order entered in any custody case. 4. The parties agreed to the entry of an Order in the form as attached, 4 - I -0 ~ Date At ac eline M. Verney, Esquire Custody Conciliator :\ . I i DELANOR D. KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- CIVIL TERM CAROL A. KUNTZ, Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: July ~, ,2006 1lLm(2~t\ Delanor D. Kunt ,Jr. 01 DELANOR D. KUNTZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 -1220 CIVIL TERM CAROL A. KUNTZ, Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on July "~ ,2006, I, Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 JOJlie; Esquire ,~ ~ ~ (.). <..V ~ ~ ~ ~ , ~ ~ ~ . ~ 1"",...:) (,_. :-i ;1~ i-"'.,'';' L~J ~-, ,~~' c-_ DELANOR D. KUNTZ, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1220 CIVIL ACTION LAW CAROL A. KUNTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Aultust 01, 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 Thursday, AU2ust 31, 2006 at 8:30 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 may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Tacqueline M. Verney, Esq. Custody Conciliator fIl 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 17013 Telephone (7 I 7) 249-3166 ,~ ~jp -:-~~ ~ ~~~~~~ ~i-fr~ Pf)r(J>l1 ~ -~ 17. e. $ 1tl. ~~ ~ <:'. ~ >', '''''', ,'-, T' I" I,'"', '~:'~, ',:' ,I < . (. _ . """-t REr'\.~"~ 77~-) _....t\... / r '" t \/ I, ~__ ~ DELANOR D. KUNTZ, JR., Plaintiff \lW ~;L3c~006cJ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1220 CIVIL TERM CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this l"\ day of S:~ ,2005, upon consideration of the attached Custody Coneiliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 5, 2005 shall remain in full force and effect with the following modifications: 2. Paragraph four of the prior Order shall be deleted in its entirety and replaced with the following: Father shall have periods of partial physical custody for four hours every week either on Saturday or Sunday as agreed by the parties 3. Father shall resume counseling. 4. Paragraph 6 is deleted in its entirety and replaced with the following: Transportation shall be shared such that the relinquishing party shall transport. Mother shall drop offthe children at Father's residence and Father shall drop off the children at Mother's residence. Father shall drop offthe children in Mother's driveway. He is not permitted to exit his van. 5. 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. Another Conciliation Conference is scheduled for Monday, November 13,2006 at 9:30 a,m. J. 1 \I ~~ ,,\ \)0\ - ~ , I it'.'.-...... ,IU 6 t} : Z :~! S I ~ -- cc~ael A. Scherer, Esquire, Counsel for Father ~ouglas G. Miller, Esquire, Counsel for Mother 0 ill -, ! ! d c I . " 0 'i;..J -' . :10 .I -- DELANOR D. KUNTZ, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-1220 CIVIL TERM CAROL A. KUNTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Jonathan David Kuntz Megan Elizabeth Kuntz July 1, 1990 December 1, 1992 Mother Mother 2. A Conciliation Conference was held in this matter on September 12, 2006, with the following individuals in attendance: The Father, Delanor D. Kuntz, Jr., with his counsel, Michael A. Scherer, Esquire and Mother, Carol A. Kuntz, with her counsel, Douglas G. Miller, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated April 5, 2005 providing for shared legal custody, Mother having primary physical custody with Father having supervised visitation four hours per week. 4, The parties agreed to the entry of an Order in the form as attached. g-12-0~ Date ~M,~ acq ine M. Verney, ESqU~ Custody Conciliator