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HomeMy WebLinkAbout06-1573 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENNIFER L. STOERZINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. . : NO. 06- /S'73 CIVIL JEFFERY C. KUHN, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the plaintiff, Jennifer L. Stoerzinger, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Jennifer 1. Stoerzinger, the natural mother of the children who are the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 909 A Goodyear Road, Gardners, Gunberland County, Pennsylvania 17324. 2. The defendant is Jeffery c. Kuhn, the natural father of the children who are the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 501 Chestnut Street, Mount Holly Springs, Gunberland vmnty, Pennsylvania 17065. 3. Plaintiff Mother seeks primary physical custody of the following children: Naml: Present Residence Age BaileyC. Kuhn 909 A Goodyear Road (DOB 10/24/1998), Age 7 Gardners, PA 17324 Cadence 1. Kuhn Same (DOB 10/16/2000), Age 5 Alyssa A Kuhn Same (DOB 9/4/2002), Age 3 ~ 4. Father and Mother are the natural parents of the children. 5. The children were born out of wedlock. 6. The children are presently in the custody of Mother but have resided with the following parties for the following specified periods: a. With Mother and Father between 1998 and early 2001 when Father wentto prison. b. With Mother between early 2001 and approximately July of 2002, when Father began living in the same household. c. With Mother and Father between July 2002 and October 2004, at which time Father went to prison. d. With Mother between October 2004 and April 2005, when Mother's fiance began living in the same household. e. With Mother and Mother's fiance in Gardnen;, Cumberland County, Pennsylvania from April 2005 until the present. 7. The parties were never married. 8. Plaintiff has not pamcipated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 9. Plaintiff has no reliable information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 10. Plaintiff does not know of a pen;on 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. 11. The best interests and permanent welfare of the children will be served by granting the relief requested herein because Mother has been the sole and primary caregiver for the children for the vast majority of their lives. 12. Plaintiff believes and therefore avers that it is in the children's best interests to remain in the prirnary custody of their Mother and to limit Father's rights to partial custody to a set schedule that may be incorporated into an Order issued by this Honorable Court. 13. Mother believes that the best interests of the children would be best served by an award of primary physical custody, Mother also believes that the children must continue to have a relationship with their Father, which she will encourage and facilitate with all reasonable efforts, and agrees that Father should be penniued reasonable visitation and contact with the children. WHEREFORE, Plaintiff Jennifer L. Stoerzinger, respectfully requests that this Honorable Court enter an order granting primary physical and sole legal custody of the children to her. Plaintiff furthermore requests that this Court enter an Order awarding Father, Jeffery C Kuhn, rights to partial custody of the children. Respectfully submitted, March 11, 2006 ~ 18.-1 STACY B. OLF, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION I do hereby verify that the facts set forth in tllls complaint for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. tn.lli1lll-, 2006 f,r~f-r:ww~ J e irer L. toerzinger . STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENNIFER L. STOERZINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 06- CIVIL JEFFERY C. KUHN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Q)mplaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: JefferyC. Kuhn 501 Olestnut Street Mount Holly Springs, P A 17065 March JQ, 2006 WOLF & WOLF By: ~~~Q~ Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ~~ '1+:. ~ '-. \ -.J ~, '-'\ \.v ~ "'. ~ \:' "- '-. v, \:) t ,\'.) ~\', ~ ~ ~ ~ \~ '" . ~ , ~- ~ ~~ l 0 <---' 0 (~_::~ '-- ,-.:) -~n "Y'" -' -:r:: :J: -n ~"'."'" ,,\:l r-llp ~~.rT\ f"'-.' :-,.;)r~) Cl , .. .. . :f:1OO -_.,..-', ,,"-,,- =; ~<) :..~ i'r\ C) ,..J .\ r ~f1 (Ii -.<C. - JENNIFER L. STOERZINOER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1573 CIVIL ACTION LA W JEFFERY C. KUHN DEFENDANT iN CUSTODY ORDER OF COURT AND NOW, Thursday, March 23,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M, Verney, Esq. , the conciliator, at___4thFloor, Cumberland Co~ntLc.ou!_tI1.<>u!eLC.arlis~e__ on _____!ll.esd_ay,~p_ril!.8,}OOL ___ __ at 9:30 AM for a Pre-Hearing Custody Conterence. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to del,ne and nanow the issues to be heard by tbe court, and to enter into a temporary order. All children age five or older mav 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 tbe 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: Is! lacqueline M. Vernq',. ESSL_---'.i--'2 Custody Conciliator '1 . 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 availahle to disabled individuals having business before the court, please conlaet our office. All arrangements must be made at least 72 hours prior to any hearing or business before tbe 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 (717) 249-3166 _-12 ~ Jlf -~ 4; 1(}'("'- 1'7' , ;;411. nJ'- ,~~ '10 c'- f forl IF'? ?,r"";{,t;;; l'{J <7(}LN .\ I,' \ (, ,,'0 - c, \ '.'.~ .,. ' \(" ..... ',~ .:\\.\~.. :)...... , ' ~, n C ::.,.)':--,.,~:':^"-.'~~'~'.\ t~2:i;""-'-'>"'\\\\}--\'\> .,,- :~,J ,. - -~_.,,-~....----'- ---.-......--..'..-- V J\pn 1 9 2DDfj ~rf-" JENNIFER L. STOERZINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1573 CIVIL ACTION - LAW JEFFREY C. KUHN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ 't tS.. day of ~~ ,2006, upon consideration of the attached Custody Conciliatio Report, It IS ordered and duected as follows: 1. The custody provisions (Paragraph 4) of the Protection From Abuse Order docketed at 04-5216 are hereby vacated. 2, The Mother, Jennifer L. Stoerzinger, shall have sole legal custody of Bailey C. Kuhn, born October 24, ] 998, Cadence L. Kuhn, born October] 6, 2000 and A]yssa A, Kuhn, September 4, 2002 3, Mother shall have primary physical custody of the children, 4, Father shal] have periods of partial physical custody on alternating weekends, Saturday from ]0:00 a.m, to 6:00 p.m. and Sunday from 10:00 a.m. to 6:00 p.m, 5. Father shall be responsible for all transportation. Custody exchanges shall take place at the materna] grandmother's home, 6, This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutua] consent, the terms of this Order shall control. BY THE COURT, c~cy B, Wolf, Esquire, Counsel for JPffrey C, Kuhn, pro se Cumberland County Prison I ]01 Claremont Road Carlisle, P A ] 70 13 J. -, :> :->1 ",.-j JENNIFER L. STOERZINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO, 2006-1573 CIVIL ACTION - LAW JEFFREY C. KUHN, Defendant : 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: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bailey C. Kuhn Cadence 1. Kuhn Alyssa A. Kuhn October 24, 1998 October 16, 2000 September 4, 2002 Mother Mother Mother 2, A Conciliation Conference was held in this matter on April 18, 2006, with the following in attendance: The Mother, Jennifer 1. Stoerzinger, with her counsel, Stacy B. Wolf, Esquire. Father, although notified ofthe conference, did not appear. It was reported that he is currently incarcerated in the Cumberland County Prison for a PF A violation and back child support, 3, A Protection from Abuse Order, docketed at No, 04-5216, was entered by the Honorable George E, Hoffer, Paragraph 4 ofthe Order provided for Father to have visitation of the children while incarcerated. 4, Mother requested an Order of Court in the form as attached. '-/ -11 tJ0 Date - , .' lil 1/ ~~.t.Y..'--f ' {f--~c: ~cq line M. Verney, Esquire ,3 Custody Conciliator