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HomeMy WebLinkAbout05-3992 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ~ /' . '0 .J~ NO. O~ - J'1'1 L. ~ RUSSEll KULP, Plaintiff JENNIFER KULP, Defendant CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Russell Kulp, who currently resides at 279 Meadows Road, Newville, Cumberland County, Pennsylvania 17241 2. The Defendant is Jennifer Kulp, who currently resides at S. 3710 County Highway H, Hillsboro, WI 54634. 3. The Plaintiff seeks custody of the following children: Name Address DOB Harley Kulp S, 3710 County Highway H Hillsboro, WI 54634 11/9/96 Dalton Kulp S. 3710 County Highway H Hillsboro, WI 54634 8/24/99 Sam Kulp S. 3710 County Highway H Hillsboro, WI 54634 7/24/02 Alex Kulp S. 3710 County Highway H Hillsboro, WI 54634 3/2/04 4. The children were not born out of wedlock. 5. The children are presently in the primary custody of Jennifer Kulp, S. 3710 County Highway H, Hillsboro, WI 54634. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Jennifer Kulp S. 3710 County Hwy H Hillsboro, ~I 54634 6/27/05 to present Jennifer Kulp Russell and Jennifer Kulp 105 Fairfield St., Apt 4 6/1/04 to 6/27/05 Newville,PA 17241 279 Meadows Road Birth to 6/1/04 Newville, PA 17241 7. The mother of the children is Jennifer Kulp, who resides at S. 3710 County Highway H, Hillsboro, ~I 54634. 8. The father of the children is Russell Kulp, who currently resides at 279 Meadows Road, Newville, Cumberland County, Pennsylvania. 9. The mother and father of the children are currently married. 10. The relationship of Plaintiff to the children is that of Father. 11. The relationship of Defendant to the children is that of Mother. 12. The 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 any other court. 13. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. The 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. 15. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor children since their birth. He has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vt. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The children have a psychological bond with the Father. c. Father is able to provide a stable environment for the children. d. Mother did not notify Father of her intention to leave the state with the children until the day of their departure. e. Father has only been permitted to speak with the children on four (4) occasions since Mother removed them from the state. f. Mother has made allegations that she may relocate to Albuquerque, New Mexico or El Paso, Texas if she does not remain in Wisconsin. g, Father is unaware of the whereabouts of his children and he is concerned about the quality of care being given to his children. 16, Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the children to the Plaintiff/Father. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE 8 C3 (;5 ~7JlJD. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Russell Kulp, 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. 5 4904 relating to unsworn falsification to authorities. Date: f--( ~ //V"7d! /0/ Russell Kulp CERTIFICATE OF SERVICE AND NOW, this ~fk- day Of~005, 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: Jennifer Kulp S. 3710 County Highway H HiUsboro, WI 54634 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty , ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attornry for Plaintiff -, -b $b e, .Nf\ ~ ~ <€' "- - ~ --. ~ v, '""" 0 ('., ~ ~ ~ C) c .~~ (: n o.J :=:---~, co') ,1 -'~~ '~,n '.,' ~ ,,"-; . -~__-) ,'1 r I RUSSELL KULP PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3992 CIVIL ACTION LAW JENNIFER KULP DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 10, 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 Floor, Cumberland County Courthouse, Carlisle on Monday, September 12, 2005 at 9:30 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 permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Cnstody orders to the conciliator 48 hours prior to schednled hearin2. FOR THE COURT. By: Isl Jacqueline M. Vemev. Esq. 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 (717) 249-3166 ~ECEIVED SEP 13 20~ RUSSELL KULP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JENNIFER KULP, Defendant : NO. 2005-3992 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this I S'~ay of ~~, 2005, upon consideration of the attached Custody ConciTi'ati[n Report, it is ordered and directed as follows: I. A Hearing is schtjdyled in Court R~.No. ~, of the Cumberland County Court House, on the ,C IX day of t>iAtJ{F1 ,2005, at <i". .)D 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, Russell Kulp, and the Mother, Jennifer Kulp shall have shared legal custody of Harley Kulp, born November 9, 1996, Dalton Kulp, born August 24, 1999, Sam Kulp, born July 24, 2002 and Alex Kulp, born March 2, 2004. 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. Mother shall provide Father contact information concerning schools and medical providers. 4. Mother shall have primary physical custody of the children. 5. children: Father shall have the following periods of partial physical custody of the A. Christmas: Beginning the first day after school recesses for Christmas break to January l. B. Summers: Beginning the first Saturday after school recesses to the Saturday at least one week before school resumes. C. Such other times as the parties agree. 6. Transportation shall be the responsibility of Mother. 7. Father shall be entitled to liberal telephone contact with the children, meaning he may call at least three times per week between 8:00 p.m. and 9:00 p.m., central time. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc: Kara W. Haggerty, Esquire, counsel for Father Elizabeth A. Hoffman, Esquire, counsel for Mother RUSSELL KULP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW JENNIFER KULP, Defendant : NO. 2005-3992 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Harley Kulp Dalton Kulp Sam Kulp Alex Kulp November 9,1996 August 24, 1999 July 24, 2002 March 2, 2004 Mother Mother Mother Mother 2. A Conciliation Conference was held September 12, 2005 with the following individuals in attendance: The Father, Russell Kulp, with his counsel, Kara W. Haggerty, Esquire, and the Mother, Jennifer Kulp, with her counsel, Elizabeth A. Hoffinan, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having summers and major holidays. Father asserts that Mother relocated to Wisconsin with only one day's notice to him. He maintains that the children do not have appropriate living quarters and that Mother has not encouraged contact between the children and Father, nor has she kept him advised as to the children's medical and educational needs. Father claims he had been the primary caregiver prior to the separation of the parties. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having summers and major holidays. Mother maintains that she has appropriate living quarters for the children, that the two v;~ ~\f.J\lA~;;\tJ~d I 1'1(".......--0. '-". ,. ,"'" '-""""{"ll"'\ l\.Li\, ;1",', ' , ,,-, .t',"::\: 1l.J 90 :6 14~ 9Z d3S soaz AiIi'lONGiLCud 3H.l. dO "'1I,~.n-O:+ll" :J.... ,...J~ .... ~,:J older children are enrolled and attending school already and have adjusted to school. Mother relocated because she has family in Wisconsin who are assisting her currently. 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 summers and major holidays. It is expected that the Hearing will require one day. q ~ (,J, -C'7- Date !t ' ft<--'lL< acq line M, Verney, Esquire Custody Conciliator <~ ....Y.. Ir. ~ a -+- <> 00 c...S- ~ ~~ ~. RUSSELL KULP, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3992 IN CUSTODY JENNIFER KULP, Defendant MOTION TO PERMIT WITNESS TO TESTIFY AT CUSTODY HEARING BY TELEPHONE TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: AND NOW comes Defendant Jennifer Kulp ("Mother"), by and through her attorney, Elizabeth A. Hoffman, to request that this Honorable Court permit one of Mother's witnesses to testify by phone at the custody hearing, and in support thereof respectfully avers the following: 1. This Court has scheduled a custody hearing for October 21, 2005. 2. Mother believes that her mother, Sharon McKelvey ("Ms. McKelvey"), should testify at the hearing as Mother and the children are currently living with her. 3. However, Ms. McKelvey lives in Hillsboro, Wisl;onsin, and requiring her to come to Carlisle would be a hardship financially and also Ms. McKelvey is needed to care for the children while Mother comes for the hearing. 4. Mother's attorney contacted Father's attorney, Kara Haggerty, Esquire, and Attorney Haggerty indicated that she did not object to having Ms. McKelvey testify by phone, WHEREFORE, it is respectfully requested that this Honorable Court enter an order to grant this motion to allow the witness to testify by phone. Respectfully submitted, y)Ju . .ta;A / ~,. Hoffman, Esq e Attorney for Mother 106 Walnut Street Harrisburg, PA 17101 (717) 236-:2956 Sup.Ct. ID 71000 2 VERIFICATION I verify that the information provided in the attached document is 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.A. 94904, relating to unsworn falsification to authorities. Date: /qt~/M (i, CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that ~I true and correct copy of the attached motion was sent by U.S. mail to the following person: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Date:/df~s rf4 d~"tL . ~ Hoffman, Es Attorney for Mother 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 Sup.Ct. ID 7'1000 (") ,.., ~ = C' <;::::.> c.n i-' 0 :;:1, co r'il,,_~ --l '" r'--'- ," 0 (~) *T' C-) Ji'"\'l - , "",-.. 'S'" _-4 :n "-( (Ji -< RUSSELL KULP, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3992 JENNIFER KULP, Defendant IN CUSTODY ORDER AND NOW this /3l"'h day of October 2005, after careful consideration of Defendant's motion, it is hereby ordered that the motion is granted. Sharon McKelvey shall be permitted to testify by phone at the custody hearing. Edward E. Guido, Judge Distribution: ~lizabeth A. Hoffman, Esquire, 106 Walnut Street, Harrisburg, PA 17101 . .:,xara W. Haggerty, Esquire, 36 Hanover Street, Carlisle, PA 17013 ~ r I \"\\) r,lI\Jl. \j \ ','(, \\,~ ,~\ .,., " "", 3\'\\.. ~J KI'ld' C\\,J"'~";;2.\\,I, , -,:";""?{2\_\':C.r..r:: RUSSELL KULP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-3992 JENNIFER KULP, Defendant IN CUSTODY MOTION TO PERMIT WITNESS TO TESTIFY AT CUSTODY HEARING BY TELEPHONE TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: AND NOW comes Defendant Jennifer Kulp ("Mother"), by and through her attorney, Elizabeth A. Hoffman, to request that this Honorable Court permit one of Mother's witnesses to testify by phone at the custody hearing, and in support thereof respectfully avers the following: 1. This Court has scheduled a custody hearing for October 21, 2005. 2. Mother believes that her mother, Sharon McKelvey ("Ms. McKelvey"), should testify at the hearing as Mother and the children are currently living with her. 3. However, Ms. McKelvey lives in Hillsboro, Wisconsin, and requiring her to come to Carlisle would be a hardship financially and also Ms. McKelvey is needed to care for the children while Mother comes for the hearing. 4. Mother's attorney contacted Father's attorney, Kara Haggerty, Esquire, and Attorney Haggerty indicated that she did not object to having Ms. McKelvey testify by phone. WHEREFORE, it is respectfully requested that this Honorable Court enter an order to grant this motion to allow the witness to testify by phone. Respectfully submitted, I Elizab A. Hoffman, Esq Attorney for Mother 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 Sup.Ct. ID 71000 2 VERIFICATION I verify that the information provided in the attached document is 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.A. ~4904, relating to unsworn falsification to authorities. Date: /oJ~~S CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached motion was sent by U.S. mail to the following person: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Date:/ql1S Eliza eth A. Hoffman, Es Attorney for Mother 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 Sup.Ct. ID 71000 0 "'> ,.~ CJ c- ,;':) " ('..PI C" '-1 C) ~;IJ ~-'I h-: -r r::=.; C' (:' - , t~) ,(1 ... c:;._ '"i') --< ..' U , '< .. -. RUSSELL KULP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2005-3992 CIVIL TERM JENNIFER KULP, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 21st day of October, 2005, after hearing, all prior Orders of Court are rescinded and replaced with the following: 1. The Father, Russell Kulp, and the Mother, Jennifer Kulp, shall have shared legal custody of their children, Harley Kulp, born November 9, 1996, Dalton Kulp, born August 24, 1999, Sam Kulp, born July 24, 2002, and Alex Kulp, born March 2, 2004. 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. Mother shall provide Father contact information regarding schools and medical providers. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody/visitation with the children: A. Beginning no later than 5:00 p.m. prevailing Eastern time on the day after the last day of school prior to Christmas break until the Friday after school resumes in January, if Father is able to make arrangements with the school officials to arrange for the children's absence during that first week in ~ January. Mother shall cooperate with Father in attempting to make those arrangements. Otherwise, until 5:00 p.m. prevailing Central time the day before school starts after the Christmas recess. B. One week after school recesses for the summer until one week before school resumes in the fall. C. Up to seven days each school year, to be exercised in Wisconsin, so long as Father assures the attendance at school of the children who are enrolled. Father must give Mother at least 20 days notice of his intention to exercise the visitation under this subparagraph. D. Such other times as the parties agree. 4. Transportation, other than for the partial custody set forth in Subparagraph C above, shall be the responsibility of the Mother. 5. Father shall be allowed to cooperate with Harley's counseling and shall be kept apprised of his progress therein. 6. Father shall be entitled to liberal telephone contact with the children. He may call nightly between 6:30 p.m. and 7:00 p.m. prevailing Eastern time. Further, Mother shall write Father a letter at least once per week to share news regarding the children. The letter shall be mailed no later than Saturday each week. During the summer months, Mother shall be entitled to liberal telephone contact with the children. She may call between 7:30 and 8:00 prevailing Eastern time. Father shall write Mother at least weekly to share news regarding the -, , . children. The letter shall be mailed no later than Saturday each week. The parties are directed to make copies of the letters that they exchange with regard to the well-being of their children so that they may be presented as exhibits in any future court hearing regarding these children. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. Esquire Esquire srs I:] (> ") - ':~ '1.", ! .'J.