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HomeMy WebLinkAbout05-4462 ICUSTODY COMPLAINT/ SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Fir. Ilarrisburg,PA 17110-1778 (717) 234-2401 Lsrnig~l.r.4'5jlS[lp'.co..!l! likrnmel@:;;_3j.Un.cOTn Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS" -1..J'If..:A. CI'u;C ~82-~ LAUREN N. KUNKLE, PLAINTIFF KENNETH 1. KUNKLE, DEFENDANT CIVIL ACTION - DIVORCE COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Lauren N. Kunkle, by and through her counsel SMIGEL, ANDERSON & SACKS, LLP, and files the following Complaint for Custody: 1. Plaintiff is Lauren N. Kunkle, residing at 1246 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Kenneth 1. Kunkle, residing at 31 North Conley Lane, Etters, York County, Pennsylvania 17319. 3. Plaintiff seeks custody of the following children: Date of Birth Name Present Residence Alexa Nicole Kunkle 1246 Cross Creek Drive, Mechanicsburg, P A 17050 July 31,2002 Ashlyn Kay Kunkle 1246 Cross Creek Drive, Mechanicsburg, P A 17050 November 3, 2003 4. The children were not born out of wedlock. The children are presently in the custody of Plaintiff. 5. Since birth, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Lauren Kunkle 1246 Cross Creek Drive, Mechanicsburg, P A 17050 April2005-present Lauren and Kenneth Kunkle 31 North Conley Lane, Etters, P A 17319 October 2003-April 2005 6. The mother ofthe children is Plaintiff. She is separated from the father of the children, Defendant. 7. The relationship ofPlaintiffto the children is that of mother. Plaintiff currently resides with the following persons: Name Peter Dalina Linda Dalina Relationship Stepfather Mother 8. The relationship of Defendant to the children is that offather. Defendant currently resides with his brother, Kevin Kunkle. Plaintiff believes and therefore avers that Defendant currently resides with another adult male and adult female whose identities are unknown to Plaintiff. 9. 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 who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the reliefrequested because: A. Plaintiff is a fit parent. B. Placing custody with Plaintiff will provide continuity, stability and certainty to the children's lives. C. Plaintiff believes and therefore avers that Defendant has a substance abuse problem for which he should receive an evaluation and possible treatment. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Court grant shared legal custody of the children to both parties and primary physical custody of the children to her. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: "21 Ls-I oS- , By: L oy- migel, Esquire 1.D. #: 09617 James R. Demmel, Esquire 1.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VFRTFlCATTON I, Lauren Kunkle, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 'Z ILS/iU //~ /{~ <-(auren Kunkle ~ 0 ~ l. ....... ""- Q ....> ~ ........ C,',-;:} c..::> . . ,...J' - IN Vl ::.'~: ~ 8 ~ '-.' n'\~' ~ \) C") -n,n \'" -:1)'1) W \..)\,~,) It-J ~ --,." " - --;) --~. -"] ( "-.3(; :,:...,'n '-:'? . ~-,:',~ ~ cf"'; ,.;., .;;- :< -L. LAUREN N. KUNKLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4462 CIVIL ACTION LAW KENNETH I. KUNKLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 01, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, P A 17011 on Friday, September 30, 2005 at 11 :00 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 existinl~ Protection from Abuse orders, Specia] Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled bearing. FOR THE COURT. By: Isl Melissa P. Greevv. 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 A TTORNEY 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 (717) 249-3166 ~~ $- ~w/ ~ --5o'.C'.p '~.z -1)V~ ~ >>~.~ ~~:2.~"~'N'~Pp .so,co'6 N II \,I,",{ I\.L.I'" ---"-!'\I'"'\ ',c';'_\"j '"0 -? i'J ') ',... .,.J I'.',:, Qe'!)7 Z - C ..:;.) :;!JUv jO LAUREN N. KUNKLE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4462 CIVIL TERM KENNETH I. KUNKLE, DEFENDANT CIVIL ACTION - CUSTODY RETURN OF SERVICE On the Olf)r-l day of 4Jrt"--nv5r-a, 2005, at '-1:.$ 0 o'dock L.rn., I, John P. Gaspich, served I:::b#"veft/ ~ k!o..Ad& ,with the foregoing Complaint for Custody and Order of Court for a Custody Conciliation Conference by: I, j),;./t.{j L1), vz~ /"!7 4"c(!,./ /f/J c II?U! 4'>>o.4h-..lC II 7). 0 {, (", _ -,...<1 _~ ~ - ,/.J /?'SIi}?-."", 4 /Yk I:!~/K d,,~ /i.... "31 Jl.0/2..7N' c;,j~y L'14f"Vt:,-, CrJ?--"="J4:2 ,I 7?J9 , 7J,;, 't-rz.y Fet;>ift<<"7"6> 6)-' 1/t,r-./rVc'-nI- T 1:::'.v'.JKk I verify that the statements in this Return of Service are true and correct. 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. J hn P. GlIspich r;J-vP'- tv" c:;; v ~ "T J..; ((C,./S?- 7/ /V1Dd-otJ6 Date: Q-vo-o5 <. 0 ...., = 0 c = -n :-?"" <.n (I) ~-n \ ;r, -:J il1F N :gtE co ~~{ -U :z S:_~O 0:> ;5cn ,:;~ N ;1:; c:J .< Plaintiff 0/ RECEIVED OCT 07 ZOOr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4462 CIVIL TERM LAUREN N. KUNKLE, v. CIVIL ACTION - LAW KENNETH I. KUNKLE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of October, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The Mother, Lauren N. Kunkle, shall have legal custody of Alexa Nicole Kunkle, born July 31,2002 and of Ashlyn K. Kunkle, born November 3, 2003. 2. Physical Custody. Mother shall have primary physical custody of the children subject to periods of visitation or partial custody with Father arranged by the mutual agreement of the parties. 3. If Father is aggrieved by the terms of this Order, upon proper petition, the matter will be rescheduled for Custody Conciliation in due course. BY THE COURT: Dist: ~:Demmel, Esquire, 4431 N. Front St.. Harrisburg, PA 17110 VKenneth I. Kunkle. 31 N, Conley Lane. Etters. PA 17319 ttL J. 0--cP \ 0- \J 6 f: :01 H'1 Z I no ~;!jOZ 3Hl ::10 RECEIVED OCT 072005 ~ LAUREN N. KUNKLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4462 CIVIL TERM v. CIVIL ACTION - LAW KENNETH I. KUNKLE, IN CUSTODY Defendant 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 THE CUSTODY OF Alexa Nicole Kunkle Ashlyn Kay Kunkle July 31,2002 November 3, 2003 Mother Mother 2. The Mother filed a Complaint for Custody on or about August 28, 2005. A Custody Conciliation Conference was scheduled for September 30, 2005 at 11 :00 a.m. Subsequently, the time of the hearing was rescheduled to 9:00 a.m. The Order changing the time of the Conference was issued on September 14, 2005 and distributed to Plaintiff's counsel and the Defendant. Attending the Custody Conciliation Conference were: the Mother, Lauren N. Kunkle, and her counsel, James R. Demmel, Esquire. The Father, Kenneth I. Kunkle, did not attend. Neither did counsel appear on his behalf. 3. Service of Process: Plaintiff's counsel produced a return of service which had been filed with the Prothonotary on September 28, 2005. The return indicated that service had been accomplished by hand delivery to an adult male at Father's residence on September 20, 2005. 4. Mother's Position on Custody is as Follows: Mother reports that she has had primary custody of the children since the parties' separation with the exception of a brief period of time during which Father withheld the children from her. On two different occasions she found it necessary to contact the Newberry Township Police Department with regard to Father withholding the children. Once finally returned, they have been in her primary custody, care and control continuously since that time. Initially, Father maintained some telephone contact but this eventually stopped. It seems that Father has had no contact with the children since a telephone call to Alexa on her birthday, which was July 31. Mother and step-father tried to reach a meeting of the minds with Father with regard to NO. 05-4462 CIVIL TERM custody. However their efforts were without success. Counsel attempted to work out a stipulation which would be acceptable to Father. This too was unsuccessful. 5. Inasmuch as Father has not appeared for the Custody Conciliation Conference and has been served thereby providing him with notice and an opportunity to be heard, the Conciliator makes the following recommended Temporary Order in the form as attached. /o/(p/ch Date ~ Melissa Peel Greevy, Esq Custody Conciliator :260346