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HomeMy WebLinkAbout95-01390 . ~ ~ '-0..:\ ~j '- <:l Ln ~ rl ~ en ,. \,f) - " '" ~ ~ ~~ ::c ~ c- 'to r- '.1.' l~ 0::> , . 1'.~, - e- '...$) ~ ~ 16 ~~ " " ~ \0 r- ":::f- ~<i , '"' "" "4,. -. - - = > I ~ ~ ~~ fZ~ I~ ~ :R g ~ ~~ ~ ~ ~ ~ ~ >! ~ ~ ~ ~ :~eIL,.2 ~~ ~ ~ ~ ~ ~i ~ ~ ~ ~< ~ ~ :ll ~ ~ l>:: M ~~~ ~u8 . tj ~ ~ I H J,~ i ~~~ i ~ .~ ... == ~ ," ;.. ... ..... .. ,... , . - following persons and at the following addresses I PERSONS ADDRESSES DATES Plaintiff, Lot 103 From birth Defendant and 7073 Carlisle Pike (3/11/94) to Marie Todd (child's Carlisle, PA 17013 June, 1994 grandmother) Plaintiff and Lot 103 June, 1994 to Defendant 7073 Carlisle Pike February 1, 1995 Carlisle, PA 17013 Plaintiff Lot 103 February 1, 1995 7073 Carlisle Pike to present Carlisle, PA 17013 The mother of the child is Plaintiff, who resides at the address indicated in Paragraph 1, above. She is married to Defendant. The father of the child is Defendant who resides at the address indicated in Paragraph 2, above. He is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: ~ RELATIONSHIP child of Plaintiff Rebecca L. Kuhn 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: ~ RELATIONSHIP LAW omell:_ SNELBAKER .. BRENNEMAN Unknown 6. Plaintiff has not participated as a party or witness or -2- . in any other capacity in other litigation concerning custody of the child in this or any other court. Plaintiff has no information of any custody proceeding conperning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the parties' child will be best served by granting the Plaintiff physical custody of the child in a stable home environment which Plaintiff can provide. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child 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 child will be given notice of the pendency of this action and the right to intervcncI None. WHEREFORE, Plaintiff Tanya M. Kuhn requests this Court to grant him physical custody of the parties' child, Rebecca L. Kuhn. By: UW O,.....CEa SNELUAKER a BRENNEMAN Datel March 16, 1995 -3- .. . . VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. ~nf) tl). i;/11 Tayna M. Kuhn Date: March 16, 1995 LAW O",ICEI SNELBAKER a BRENNEMAN TANYA M. KUHN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 95-1390 CIVIL TERM . . . ERIC H. KUHN, . CIVIL ACTION - CUSTODY OF . Defendant MINOR CHILD AFFIDAVIT OF SERVICE COMMONWEALT? OF PENNSYLVANIA) : 58. COUNTY CUMBERLAND) OF Keith O. Brenneman, Esquire, being duly sworn according to law deposes and saysI that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Tanya M. Kuhn, the Plaintiff in the above captioned custody Action; that on March 27, 1995, he did send to Defendant Eric H. Kuhn by certified mail, return receipt requested, restricted delivery, a LAW O'''ICE. SNELDAKER .. BRENNEMAN duly certified copy of the Complaint for Custody which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for certified Mail No. Z 115 697 276; that both the Complaint and cover letter were duly received by Eric H. Kuhn, the Defendant herein, as evidenced by the return receipt card for said certified mail dated March 29, 1995; that a copy of the aforementioned cover letter dated March 27, 1995 is attached hereto and incorporated by reference herein as "Exhibit "A"; that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated . 0 SNELBAKER 8 BRENNEMAN A PI\O'USIONAL COJt.PQRAnON ATTORNEYS AT U.w .. WUT MAIN 5TIUET MECHANICSBURC,. PENNSnV~,^ 17055 IlICHARD Co SNEUMER. KEITH O. BRENNEMAN PHIUP H. SPo\IU 717.eQ7.e528 P. O. IlOX 3'11 FAOlMlU! l7I7I 6117.711II' March 27, 1995 Eric H. Kuhn 433 Willow street Apartment 3 Highspire, PA 17034 Re: Kuhn v. Kuhn No. 95-1390, Cumberland county Dear Mr. Kuhn I I serve upon you a certified copy of a Complaint for CUstody of Minor Child in reference to the above action. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Tanya Kuhn Via certified mail, restricted delivery, return receipt requested, Parcel No. Z 115 697 276 r I t. , ! EXllIBI'l' A Z' 115 697 276 ~ Rscelpt for Csrtlfisd Mall _ No Insurance Coverage Provided .:I;CW'.l=n Do not use for International Mail (See Reversel S"'4'jj "WJ.llow St., Apt. 3 P"Hi9hSP'fie~ PA 17034 Po",._ . $ , 5~ c.t1,'~rutt 1.10 Spec...l Del""",, h~ R.","cl.-d Delo"",v r.. .0 i! - ~ 2.75 1.10 '>,,""m" ..... o C> CD CO) ~ :e LAW onrlc.a SNELBAtcER a BRENNEMAN .", ,_ _ _' , .' -, ,';:~;n;--)\:'f"'.":" "1',~~'~~,ti,~~,~~~~~"_:~7;;wt~ . =~)=::.a~.--~:IoOo:,'r';;:">?'"" '~:ia'~j~~ -..:'" ani'*: ::,~_on ~~. ~~'~.~~:,~-~--f..1:',\:~.-:?{~--!tf;~:~;~~F}~t~~~- . .._ 101tlo _.,1tlo.........., Of on1tlo'_ H.,...o ","." 1. '" 0 'Add"""'. A /IDt......... . ..' ..'"..' ,;:.,." '. ,,"""'::A' ,-,,",."0 .. ~_IIocoipI"-'"<I',..1tlo""'-boIow1tlo_......... .' 2. l!IGI.IVk:ieci';6~ . . ._IIocoipI..._lOwllom1tlo__............1tlo_ Conoult" ..' ",' toi~:. 1~.~. nlcI.. . Addllued to: 4.. Anlcl.Num......,.. .""" ~~ U&i < '. Z 115 697 276. ,if. \,~.:tib:iO. H. Kuhn 4b.SIlVIce T~ . " . .' .~, {f~ ::;~~;'433 liillow Stree~ . 0 Rag11talad OlnlUled 'i.i~'H i;;r. '~~vN~ 3 .~ ~enJlle'd. 0 coo'f~ ft }~X~, PA 17034 OElcp....~1II 0 RItUm Recalpt"" t~ :tt"~,,,J - - - . !i~~i/' ,7, O.t.~' Oallvaly ~~ ~ ff e. SIQI)ItUlIll'gentl, .:" 8, ~~~....(~ I'~J: !PSFo:m:; : i~~~~j,~~,i.~~'~n:i ~~~~C~~NRE~+~i' EXHmIT B ..... :r:- ',"'" "'0 ""' ,t; :-1 c:n :~.' :'- - - \., .~ ;'~"~ ~~ .... a: ~- :I: _.~ ......, - "'" Con . . . . i ! i I I I I ! l I I I ! '" ~ ~ ~~ ~~I~ I ihl~ :s l~ "1Ol'1l lS ~ ...,,, ~ ,- .... c ~ . _- , t5 .... ..... 9; ,ii, Iii ' ~ 0: il~~~ .... . ~I ,11 .. " ..... ~ ;J" IIi t :;. if "S a' w -g ~ ~ ~ ..:: C .. iil :.:: i ::; :;:: ~.c is! J;!l,"-" ... j; . I . ... ~1~5 :E . ~ :c ~ Ii! 0 ffi - - ". ~ ,. .* l.,~ ,," () i ~ I,) '1 ~ ~ 4 "'. TANYA M. KUHN, Plaintiff I IN THE COURT OF a:x-lMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA . . vs. I NO. 95-1390 CIVIL TERM . . ERIC H. KUHN, Defendant : CIVIL ACTION - CUSTODY OF : MINOR CHILD CllI>fR OF CXXlRT AND lQ, this.if} day of ~ ' 1995, upon consideration of the attached CUstody Conciliation Report, it is hereby ordered and directed as follows I 1. The Father, Eric H. Kuhn, and the Mother, Tanya M. Kuhn, shall have shared legal custody of Rebecca L. Kuhn, born March 11, 1994. 2. The Mother shall have primary physical custody of the Child. 3. The parties shall submit themselves to counseling with a counselor selected by the parties and legal counsel. The purpose of this counseling shall be an effort to develop comnunication skills which will enable the parties to COIlI1lUIlicate and cooperate in their roles as parents of the Child. The parties shall share the costs of this counseling which shall include a minimum of four sessions. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8130 p.m. until Sunday at 4:00 p.m. The Father shall also enjoy physical custody of the Child on Sundays which do not fall within periods of weekend custody, from 9100 a.m. until 4100 p.m. 5. The parties shall share physical custody of the Child on holidays as follows: (a) OlristaBs The Christmas holiday shall be divided into Segment A, which includes the period of time from Decelltler 24 at 12:00 noon until Decelltler 25 at 12100 noon and Segment B, which includes the period of time from December 25 at 12100 noon until December 26 at 12100 noon. The parties shall have physical custody of the Child during Segment A or B on an alternating basis each year, with the Mother having custody during Segment A in 1995 and the Father having custody during Segment B in 1995. (b) Easter The Mother shall have physical custody of the Child every Easter Sunday from 9100 a.m. until 2100 p.m. The Father shall have physical custody of the Child every Easter Sunday from 2:00 p.m. until 9:00 p.m. ~ - (c) Memorial Day/Labor Day The Mother shall have physical custody of the Child on Memorial Day in every year and the Father shall have physical custody of the Child on Labor Day in every year at times to be arranged by the mutual agreement of the parties. (d) Fourth of July Each party shall have physical custody of the Child on the Fourth of July in alternating years, with the Father enjoying physical custody of the Child on the Fourth of July in 1995. The specific time for physical custody on the Fourth of July shall be arranged by mutual agreement of the parties. (e) Thanksgiving The Mother shall have physical custody of the Child on Thanksgiving Day in every year from 9:00 a.m. until 2100 p.m. The Father shall have physical custody of the Child on Thanksgiving Day in every year from 2:00 p.m. until 9:00 p.m. (f) Mother's Day/Father's Day The Mother shall have physical custody of the Child on Mother's Day in every year from 9:00 a.m. until 4100 p.m. and the Father shall have physical custody of the Child on Father's Day in every year from 9:00 a.m. until 4:00 p.m. (g) O1ild's Birthday The Mother shall have physical custody of the Child on her birthday in every year from 9:00 a.m. until 2:00 p.m. The Father shall have physical custody of the Child on her birthday in every year from 2100 p.m. until 9:00 p.m. 6. The Father shall have extended periods of physical custody of the Child during the sumner vacation, with specific dates and times to be arranged by mutual agreement of the parties. 7. The Father shall provide all transportation for exchange of custody to and from the Mother's home. 8. The parties may modify the custody arrangements set forth in this Order by mutual agreement. In the absence of mutuai a reement, the custody schedule above shall control. BY T~~ COURT:; J. cc: Eric H. Kuhn Keith o. Brenneman, Esquire ~u...J ~ S/3o/1S. .-!.. ~.,. ~ - TANYA H. KUHN PLAINTIFF IN TilE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY.PENNSYL VANIA v. 95-1390 CIVIL ACTION LAW ERIC H. KUHN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday. September 04.1001 , upon considemtion ofthc nuached Complaint. it is hereby directed thnt parties and their respective eounselnppenr before Dawn S. Sunday, Esq. . the concilintor. nt 39 Welt Main Street. Mechanlclburll. PA 17055 on Tuesday. September 14,1001 nt 8:30 AM for nPre-Henring Custody Conference. At such conference. nn efforl will be made 10 resolve the iS3ues in dispute: or if this cannot bc accomplished. to define and narrow the issues 10 be heard by Ihe court,nnd to enter into a tempomry order. All children aAe live or older may also be present at the conference. Fnilure to nppenr ntthe conference mny provide grounds for enlry of ntempomry or pcrmnnent order. The court hereby directs the parties to Curnlsh nny nnd all existing Protection Crom Abuse orders, Special RelleC orders, and Custody orders to the conciliator 48 hours prior to scheduled hearln2. FOR THE COURT. Ily: Isl Dawn S. SlIndtQI. Esq. ..\ v Custody Concilintor The Court oCCommon Plens ofCumberlnnd County is required by law to comply wilh the AmeriellDs with Disnbilites Aet of 1990. For infonnntion nboutnecessib]e facilities nnd rensonnble aceommodntions nvai]nble to disnbled individuals hnving business beCore the court, plense contnet our office. Allnrrangements must be mnde ntlenst 72 hours prior to nny hearing or business before the court. You must nltend the scheduled conference or henring. YOU SIIOULD TAKE THIS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. Cumberlnnd ('ounty Bar Associntion 2 Liberty A venue Cnrlisle, Pennsylvnnin 17013 Telephone (7]7) 249-3166 liS fII ;~:L{JJ -C'.r;:~:"' nr T ,.., .,.,-.,',.,:"" .....- . ....fdf 02SEP-l} f;',2:LS CU'1""" ., " '., ''''N I" t;t:n;"J:""',J ; r! 1\\ PENNSYLV;;~Ft ~'-0ti,,} &I. ~~ ~-t;,4&?tw 1),1/0{).) ~ ;I~.4/ ~ if( f~.~) ~ n<;'~4" -$ df ~~ TANYA H. KUHN, Plaintiff/ Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 5 ERIC H. KUHN, Defendan t/ Peti tioner NO.: 95-1390 CIVIL TERM CUSTODY /VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the _ day of , 2002, at _ _.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 entry of a temporary or permanent order. BY THE COURT: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)240-6200 TANYA H. KUHN, Plaintiff/ Respondent vs; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC H. KUHN, Defendant/ PetitiOller NO.: 95-1390 CIVIL TERM CUSTODY /VISITATION PETITION TO MODIFY CUSTODY ORDER NOW COMES the Defendant/Petitioner, ERIC H. KUHN, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff/Respondent is TANYA H. KUHN, now known as TANYA M. BATES, who currently resides at 6280 Carlisle Pike, Lot 303, Mechanicsburg, County of Cumberland, Pennsylvania. 2. That Defendant/Petitioner is ERIC H. KUHN, who currently resides at 150 Woods Drive, Mechanicsburg, County of Cumberland, Pennsylvania. 3. That the parties are the natural parents of a minor child, REBECCA LYNN KUHN, born March 11, 1994. 4. That on May 30, 1995, the Honorable Edgar B. Bayley entered an Order of Custody granting primary physical custody to Plaintiff/Respondent and granting rights of temporary physical custody to Defendant/Petitioner. A copy of said Order is attached hereto. 5. That Defendant/Petitioner has consistently been denied access to said minor child despite this Court's Order of May 30, 1995. 6. That circumstances in the life of the Plaintiff/Respondent have changed and Defendant/Petitioner feels that he can provide a more stable home for said child. Specifically, Plaintiff has been evicted from every residence in which she and the child have resided and she is currently in the process of being evicted. 7. That Defendant seeks to modify the Order of Court of May 3D, 1995, as follows: 1) The Court's Order of May 3D, 1995, is hereby vacated. 2) The parties agree that they will share legal custody of their minor child, REBECCA LYNN KUHN, born March II, 1994. 3) That Defendant/Petitioner shall have primary physical custody of the minor child. 4) That Pl~intiff/Respondent shall have temporary physical custody of the minor child in accordance with a schedule to be agreed upon between the parties. WHEREFORE, Defendant/Petitioner requests that Your Honorable Court modify the Order of May 3D, 1995, as requested above. Respectfully submitted, ~.c~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 AtLOrney for Defendant/Petitioner COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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. 6$' !.~ lo~ DATE &J:C _ If JLlk- ERIC H. KUHN TANYA M. KUHN, Plaintiff : IN THE OOURT OF aJt1MON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 95-1390 CIVIL TERM ERIC H. KUHN, Defendant . . I CIVIL ACTION - CUSroDY OF : MINOR CHILD aIDER OF CXXlRT AND l<<lW, this do day of ~ ' 1995, upon consideration of the attached CUstody Conciliation Report, it is hereby ordered and directed as follows: 1. The Father, Eric H. Kuhn, and the Mother, Tanya M. Kuhn, shall have shared legal custody of Rebecca L. Kuhn, born March 11, 1994. 2. The Mother shall have primary physical custody of the Child. 3. The parties shall submit themselves to counseling with a counselor selected by the parties and legal counsel. The purpose of this counseling shall be an effort to develop cOlllllunication skills which will enable the parties to communicate and cooperate in their roles as parents of the Child. The parties shall share the costs of this counseling which shall include a minimum of four sessions. 4. 'Ihe Father shall have partial physical custody of the Child on alternating weekends from Friday at 8130 p.m. until Sunday at 4100 p.m. The Father shall also enjoy physical custody of the Child on Sundays which do not fall within periods of weekend custody, fran 9100 a.m. until 4:00 p.m. 5. The parties shall share physical custody of the Child on holidays as follows: (a) OIristmas The Christmas holiday shall be divided into Segment A, which includes the period of time from DecelJ'ber 24 at 12:00 noon until DecelJ'ber 25 at 12100 noon and Segment B, which includes the period of time from DecelJ'ber 25 at 12:00 noon until DeceniJer 26 at 12100 noon. The parties shall have physical custody of the Child during Segment A or B on an alternating basis each year, with the Mother having custody during Segment A in 1995 and the Father having custody during Segment B in 1995. (b) Easter The Mother shall have physical custody of the Child every Easter Sunday from 9:00 a.m. until 2100 p.m. The Father shall have physical custody of the Child every Easter Sunday from 2100 p.m. until 9:00 p.m. (c) Hemorial Dav/Labor Day The Mother shall have physical custody of the Child on Memorial Day in every year and the Father shall have physical custody of the Child on Labor Day in every year at times to be arranged by the mutual agreement of the parties. (d) Fourth of July Each party shall have physical custody of the Child on the Fourth of July in alternating years, with the Father enjoying physical custody of the Child on the Fourth of July in 1995. The specific time for physical custody on the Fourth of July shall be arranged by mutual agreement of the parties. (e) ibanksgiving The Mother shall have physical custody of the Child on Thanksgiving Day in every year from 9:00 a.m. until 2100 p.m. The Father shall have physical custody of the Child on Thanksgiving Day in every year from 2100 p.m. until 9:00 p.m. If) Mother's Day/Pather's Day The Mother shall have physical custody of the Child on Mother's Day in every year from 9:00 a.m. until 4:00 p.m. and the Father shall have Physical custody of the Child on Father's Day in every year from 9100 a.m. until 4:00 p.m. I g) adld's Birthday The Mother shall have physical custody of the Child on her birthday in every year from 9:00 a.m. until 2:00 p.m. The Father shall have physical custody of the Child on her birt:hday in every year from 2:00 p.m. until 9:00 p.m. 6. The Father shall have extended periods of physical custody of the Child during the sumner vacation, with specific dates and times to be arranged by mutual agreement of the parties. 7. The Father shall provide all transportation for exchange of custody to and from the Mother's home. 8. The parties may modify the custody arrangements set forth in this Order by mutual agreement. In the absence of mutui a reement, the custody schedule above shall control. /. . BY T~~ COURT,; I cc: Eric H. Kuhn Keith O. BreMeman, Esquire ~ ,.,...,,;o.&,. S/!>o/9S. A. .p. J. I' I ! . f I I I I ~~B P- o !?, N 3:: ,. .... f;.. Q3!{] c: :.r.: ~ ll'~ - W 8 ~~ N -2~ N '" 5!J :E.~ ....) J.\ -..1 ~c .,) .~;:I ~:rJ ~(J ;'__4_t-j ~o~ :s; ~]..;~ -f-I t:.> o?n .r-f'" ~ ::> ';:;! '0 ~ -1 =tt;: . .. TANYA H. BATES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-1390 CIVIL TERM : CIVIL ACTION - LAW ERIC H. KUHN, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW I ENTER APPEARANCE PRAECIPE TO WITHDRAW Keith Brenneman withdraws his appearance as attorney of record for Tanya H. Bates, the defendant in the above-captioned caseo Date: 11f''lfl- ~t(Ut %-- Keith Brenneman, Esq. 44 West Main Street Mechanicsburg, Pa 17055 Tel. (717) 697-8528 ENTRY OF APPEARANCE Please enter the appearance of the Family Law Clinic as counsel of record for Tanya Bates, the Defendant in the above-captioned case. Datc:/O -/tl-07- RECEIVED OCT 1 6 2002 sar?:: ~d Certified Legal Intern 1?~vt~. e~ ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013-2899 (717) 243-2968 8 t::> () ~ I'.) . ~ , tOLD .:::. !~' <'') .'1 ..."~ I. -, ;;: ,~~ ."0:. .0 ,.- CiJ".~ <:c 11",: iSp ....,-.. "'.. :s:: _. _J ._ :0.:,... .h, II..} ~ "'",. :1',,,; . -'1 or; - .,.-.'.;:: - ...')fD ~ r:-- ...... ~ '.11 .:s -..: d Iii ~t$3: ~ ...... ~~ ... on ~~j I ~ "" on ... "".s - Q .GIIS II' ~~~ ... ~~ =...~ - :>.~ ::I Ii ,'" ~ 'i:llll 8 cI!<<Il1p.~~ ~~~~ ~D: ..,clli !-~~ oE . ~I .~ j E~j ~~5B -- ~ = ers ~ 0\ I ~ .- At III ..., II ~ Jil ,. ~I~~ ~ . . lC lC ~ ~ ~ i ~ .' . I , . . .. , ': . . . . . . :11'1 I )-'fi[l; . . TANYA H. BATES (formerly KUHN), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-1390 CIVIL ACTION LAW ERIC H. KUHN. Defendant IN CUSTODY ORDER OF COURT [ -n. J j AND NOW, this 0 day of I.. A ~ .'~ , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in a minimum of six sessions of joint counseling with a professional to be selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of counseling which are not covered by insurance shall be shared equally between the parties. Within one week from the date of the Custody Conciliation Conference, the parties shall select the counselor and contact the counselor's office in order to schedule the first appointment. 2. The prior Order of this Court dated May 30, 1995 is vacated and replaced with this Order. 3. The Mother, Tanya H. Bates, and the Father, Eric H. Kuhn, shall have shared legal custody of Rebecca Lynn Kuhn, born March 11, 1994. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical eustody of the Child on alternating weekends from Friday at 5:00 p.m. through Saturday at 5:00 p.m., and on the interim weekends on Sunday from 1:30 p.m. until 8:00 p.m. In addition, the Father shall have custody every week on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. For after school periods of custody, the Father shall pick up the Child at the home of the maternal aunt, Treva Cairo. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. EASTER: In every year, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. C. THANKSGIVING: In every year. the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. D. MEMORIAL DA Y/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, with the specific times to be arranged by agreement of the parties. E. INDEPENDENCE DAY: The Father shall have custody of the Child on July 4th in odd numbered years and the Mother shall have custody in even numbered years. The specific times for the period of custody on the 4th of July shall be arranged by agreement ofthe parties. F. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 4:00 p.m. G, CHILD'S BIRTHDAY: In every year, the Mother shall have custody of the Child on the Child's birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The Father shall have extended periods of custody with the Child during the summer vacation each year, with the specific times and dates to be arranged by agreement ofthe parties. 8. The parties shall cooperate in obtaining a prescription (refill) for the Child's epilepsy medication in an amount sufficient to last until the Father can obtain the prescription through his insurance coverage beginning in November 2002. The Father shall be responsible to pay for the medication until the insurance through his employment becomes effective. Both parties shall retain sufficient medication at their respective homes to ensure that all doses are administered to the Child as prescribed. 9, The Father shall provide all transportation for exchanges of custody to and from the Mother's residence, unless otherwise agreed between the partics or specified in this Order. 10. The Father sholl ensure that the Child has her own bedroom and appropriate privacy at his residence. II. Neither party sholl do or soy anything which may estrange the Child from the other porent, injure the opinion of the Child as to the other parent, or hwnper the free and natural development of the Child's love and respect for the other parent. Both parties sholl ensure that third pnrties having contact with the Child comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at 0 Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenns of this Order sholl control. BY THE COURT, J. I \-::; Edgar B. Bayley, cc: Charles E. Petrie, Esquire - Counsel for Father 80m Myer, Legal Intern and Robert E. Rains, Esquire - Counsel for Mother CO""'~ .~/~".- I Jo./o. <>...z, 9-. . . ( ~ Lf) ~ ~~ l[", /. 0_- S~ -~ ,- r-l ::$ Jl.: 1~~2 -- ~~ '?J .' ',r '::l .,' {:l ...... ,. -, t-- ;(\~I (. _Hl... c: :) :-1 :":J (,) TANYA H. KUHN, Plaintiff/Respondent VS; ERIC H. KUHN, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO.: 95-1390 CIVIL TERM : CUSTODY/VISITATION PETITION TO MODIFY CUSTODY ORDER NOW COMES the Defendant/Petitioner, ERIC H. KUHN, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff/Respondent is TANYA H. KUHN, now known as TANYA M. BATES, who currently resides at 6280 Carlisle Pike, Lot 303, Mechanicsburg, County of Cumberland, Pennsylvania. 2. That Defendant/Petitioner is ERIC H. KUHN, who currently resides at 150 Woods Drive, Mechanicsburg, County of Cumberland, Pennsylvania. 3. That the parties are the natural parents of a minor child, REBECCA LYNN KUHN, born March 11, 1994. 4. That on May 30, 1995, the Honorable Edgar B. Bayley entered an Order of Custody granting primary physical custody to Plaintiff/Respondent and granting rights of temporary physical custody to Defendant/Petitioner. A copy of said Order is attached hereto. 5. That Defendant/Petitioner has consistently been denied access to said minor child despite this Court's Order of May 30, 1995. 6. That circumstances in the life of the Plaintiff/Respondent have changed and Defendant/Petitioner feels that he can provide a more stable home for said child. Specifically, Plaintiff has been evicted from every residence in which she and the child have resided and she is currently in the process of being evicted. 7. That Defendant seeks to modify the Order of Court of May 30, 1995, as follows: 1) The Court's Order of May 30, 1995, is hereby vacated. 2) The parties agree that they will share legal custody of their minor child, REBECCA LYNN KUHN, born March 11, 1994. 3) That Defendant/Petitioner shall have primary physical custody of the minor child. 4) That Plaintiff/Respondent shall have temporary physical custody of the minor child in accordance with a schedule to be agreed upon between the parties. WHEREFORE, Defendant/Petitioner requests that Your Honorable Court modify the Order of May 30, 1995, as requested above. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Defendant/Petitioner COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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. DATE ERIC H, KUH~ TANYA M. KUHN, Plaintiff vs. ERIC H. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTer, PENNSYLVANIA NO. 95-1390 CIVIL TERM : : CIVIL ACTION - CUSTODY OF : MINOR CHILD AND NOW, this day of , 1995, upon consideration of the attached Custody Conciliation Report, it 'is hereby ordered and directed as follows: 1. The Father, Eric H. Kuhn, and the Mother, Tanya M. Kuhn, shall have shared legal custody of Rebecca L. Kuhn, born March 11, 1994. 2. The Mother shall have primary physical custody of the Child. 3. The parties shall submit themselves to counseling with a counselor selected by the parties and legal counsel. The purpose of this counseling shall be an effort to develop con~nunication skills which will enable the parties to com~m~icate and cooperate in their roles as parents of the Child. The parties shall share the costs of this counseling which shall include a minimum of four sessions. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8:30 p.m. until Sunday at 4:00 p.m. The Father shall also enjoy physical custody of the Child on Sundays which do not fall within periods of weekend custody, from 9:00 a.m. until 4:00 p.m. follows: The parties shall share physical custody of the Child on holidays as (a) C~lris~ The Christmas holiday shall be divided into Segment A, which includes the period of time from December 24 at 12:00 noon until December 25 at 12:00 noon and Segment B, which includes the period of time from December 25 at 12:00 noon until December 26 at 12:00 noon. The parties shall have physical custody of the Child during Segment A or B on an alternating basis each year, with the Mother having custody during Segment A in 1995 and the Father having custody during Segment B in 1995. (b) Easter The Mother shall have physical custody of the Child every Easter Sunday from 9:00 a.m. until 2:00 p.m. The Father shall have physical custody of the Child every Easter Sunday from 2:00 p.m. until 9:00 p.m. (c) Memorial Day/Labor Day The Mother shall have physical custody of the Child on Memorial Day in every year and the Father shall have physical custody of the Child on Labor Day in every year at times to be arranged by the mutual agreement of the parties. (d) Fourth of July Each party shall have physical custody of the Child on the Fourth of July in alternating years, with the Father enjoying physical custody of the Child on the Fourth of July in 1995. The specific time for physical custody on the Fourth of July shall be arranged by mutual agreement of the parties. (e) T~ivi~ The Mother shall have physical custody of the Child on Thanksgiving Day in every year from 9:00 a.m. until 2:00 p.m. The Father shall have physical custody of the Child on Thanksgiving Day in every year from 2:00 p.m. until 9:00 p.m. (f) Mother's Day/Fathe~"s Day The Mother shall have physical custody of the Child on Mother's Day in every year from 9:00 a.m. until 4:00 p.m. and the Father shall have physical custody of the Child on Father's Day in every year from 9:00 a.m. until 4:00 p.m. (g) C~il8's Birthday The Mother shall have physical custody of the Child on her birthday in every year from 9:00 a.m. until 2:00 p.m. The Father shall have physical custody of the Child on her birthday in every year from 2:00 p.m. until 9:00 p.m. 6. The Father shall have extended periods of physical custody of the Child during the summer vacation, with specific dates and times to be arranged by mutual agreement of the parties. 7. The Father shall provide all transportation for exchange of custody to and from the Mother's home. Order by mutual agreement. schedule above shall control. cc: Eric H. Kuhn Keith O. Brenneman, Esquire The parties may modify the In the absence of mutua~ / BY TH~ COURTi~ ,/ custody arrangements set forth in this reement, the custody TANYA H. KUHN PLAINTIFF ERIC H. KUHN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 95-1390 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, September 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, September 24, 2002 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 bc heard by the court, and to enter into a temporary order. All children age five or older may also be l)resent at the conference. Failure to apl)ear 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TANYA H. BATES, Plaintiff ERIC H. KUHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95-1390 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW / ENTER APPEARANCE PRAECIPE TO WITHDRAW Keith Brenneman withdraws his appearance as attorney of record for Tanya H. Bates, the defendant in the above-captioned case. Keith Brenneman, Esq. 44 West Main Street Mechanicsburg, Pa 17055 Tel. (717) 697-8528 ENTRY OF APPEARANCE Please enter the appearance of the Family Law Clinic as counsel of record for Tanya Bates, the Defendant in the above-captioned case. RECEIVED OCT 1 6 21)1)2 Sara Myer Certified Legal Intern THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013-2899 (717) 243-2968