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HomeMy WebLinkAbout05-4698 Danielle J. Kurtz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Timothy Nefzger , Defendant CIVIL ACTION - LAW No. 05 - lit. 9PCIVIL IN CUSTODY COMPLAINT FOR CUSTOD'( I. The plaintiff is Danielle J. Kurtz, her home residence is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is living in Germany with her parents at 421 - Box 487, APO AE 09056. 2. The defendant is Timothy Nefzger, his home residence is 3207 Olde Castle Road, Dyersville, Iowa 52048, but is currently stationed in Afghanistan Logcell (South), PRT _ BAMY AN, APO AE 09354. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Collin Bryce Kurtz CMR421 - Box 487 APO AE 09056 9/15/04 II rnonths The child was born out of wedlock 4. The child is presently in the custody Danielle J. Kurtz, home residence is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is currently living in Germany atR42 I - Box 487, APO AE 09056. During the past five years, the child has resided with the fbllowing persons and at the following addresses: List All Persons List All Addresses Dates Danielle J. Kurtz CMR421-Box487 APO AE 09056 Birth to Present The child was born in a Untied States facility in Germany and is a United States citizen. 5. The mother of the child is Danielle J. Kurtz, home residl:nce is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is currently living in Germany with her parents atR421 - Box 487, APO AE 09056. She is not married. Mother plans to return to her residence in Carlisle when her father's work is completed in Germany. 6. The father of the child is Timothy Nefzger, his home residence is 3207 Olde Castle Road, Dyersville, Iowa 52048, but is currently stationed in Afghanistan Logcell (South), PRT- BAMY AN, APO AE 09354. He is not married. 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Brian & Kim Kurtz Rela.tionship Parents 8. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name N/A Relationship 9. 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 another court. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has undertaken and performed the primary parental responsibilities for the child to date. Plaintiff is best able to provide the care and nurture whic:h the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. II. Plaintiff has been informed that the German Courts will not get involved with this matter due to her temporary status in Germany 12. Based on the within facts, no other state is in better position to assume jurisdiction than Pennsylvania. 13. Jurisdiction exists in Pennsylvania regarding this matter lmder ~5421(a)(2) of the Uniform Child Custody Jurisdiction and Enforcement Act. WHEREFORE, Plaintiff requests this Court grant Plaintiltfprimary physical custody subject to partial physical custody by Father at times the Court d~'ems in the best interest of the child. q~ ~rY) Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: Mark F. Bayley, Esquire. 155 S. Hanover Stre:et Carlisle, PA 17013 (717) 241-6070 Supreme Court l.D. # 87663 Attorney for Plaintifl' VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that fal,;e statements herein are made subject to the penalties of 1 g P~l. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. DJ}#~ r ~pla(' 0 r-., (;::.::t 0 c. C~ "Tl "', (/) -4 G {< ('.'j :J:-n 1 rill:"; !\ fTi ~ -.....:: I ::':J :---. -. m 8 ...,., ~J --l:. -- "- C) , ) "" ~ ft! I .> "t. U1 :,.) c....- .", ...t ~ P DANIELLE J. KURTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4698 CIVIL ACTION LA W TIMOTHY NEFZGER DEFENDANT TN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 13, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 14, 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 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 the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. $ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to eomply 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. TF 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~'" "" ~- 4!,; - . .' 7","p sO"'/,> . ~ " ~..... ~J'O-1/p ~ ~ .J 'P'- ~ ',q? J",,~/,# A.L. " [' .r' ! 11 :f I ',.:.., "~ :UI~7 ]\;,..1.1 ?,:r~ c '._1",,-. . .:-~ ('........ ., ('< . -~ ~-.~ _. .. :Jr; ( - f?'-IJ Danielle J. Kurtz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Timothy Nefzger , Defendant CIVIL ACTIOl':!, - LAW No. 05 - /..f (" '?d" CIVIL IN CUSTODY ORDER OF COURT AND NOW, , 2005, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of ,2005, at o'clock, _.m., 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 entIy of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. lFYOU DO NOT HAVE A LAWYER 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 Danielle J. Kurtz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Timothy Nefzger , Defendant CIVIL ACTION - LAW No. 05 - lit ?PCIVIL IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Danielle J. Kurtz, her home residence is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is living in Germany with her parents at 421 - Box 487, APO AE 09056. 2. The defendant is Timothy Nefzger, his home residence is 3207 Olde Castle Road, Dyersville, Iowa 52048, but is currently stationed in Afghanistan Logcell (South), PRT- BAMYAN, APO AE 09354. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Collin Bryce Kurtz CMR421- Box 487 APO AE 09056 9/15/04 11 months The child was born out of wedlock 4. The child is presently in the custody Danielle J. Kurtz, home residence is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is currently living in Germany atR421- Box 487, APO AE 09056. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Danielle J. Kurtz CMR421 - Box 487 APO AE 09056 Birth to Present The child was born in a Untied States facility in Germany and is a United States citizen. 5. The mother of the child is Danielle J. Kurtz, home residence is 252 Bonny Brook Road, Carlisle, Cumberland County, Pennsylvania 17013, but is currently living in Germany with her parents atR42 I - Box 487, APO AE 09056. She is not married. Mother plans to return to her residence in Carlisle when her father's work is completed in Germany. 6. The father of the child is Timothy Nefzger, his home residence is 3207 Olde Castle Road, Dyersville, Iowa 52048, but is currently stationed in Afghanistan Logcell (South), PRT - BAMYAN, APO AE 09354. He is not married. 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Brian & Kim Kurtz Relationship Parents 8. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name N/A Relationship 9. 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 another court. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has undertaken and performed the primary parental responsibilities for the child to date. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. II. Plaintiff has been informed that the German Courts will not get involved with this matter due to her temporary status in Germany 12. Based on the within facts, no other state is in better position to assume jurisdiction than Pennsylvania. 13. Jurisdiction exists in Pennsylvania regarding this matter under ~5421(a)(2) of the Uniform Child Custody Jurisdiction and Enforcement Act. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to partial physical custody by Father at times the Court deems in the best interest of the child. Respectfully submitted, ROMINGER, BAYLEY & WHARE q~ ~'():) Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 87663 Attorney for Plaintiff Date: VERIFICATION I verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1 & Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. ~!fIlJ Danielle J. K z, Plamtl f ~pfa o ~ ~?'~~ -- ~ 2.1 1~~ ~ ~ r--) C..J ~'':'; -n r.;..'"'l ,>r) :::,1 \ . t ri"l -"') I oJ ......... c) U\ (.0 @ --- RECEIVED 1 8 ?aD5 DANIELLE J. KURTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 05-4698 CIVIL ACTION - LAW TIMOTHY NEFZGER, Defendant IN CUSTODY COURT ORDER ~ AND NOW, this j '1 day of October, 2005, the Conciliator being advised that the parties want a general continuance in this case, the Conciliator relinquishes jurisdiction. C)!f Hubert X. Gilroy, Esquire Custody Conciliator ----:\ t. (':, , .--'