The URL can be used to link to this page

Home My WebLink About02-6011F '~User Folder\Fi~rn Docs\Gendocs2002/2848_7 CustodyComplaint wpd CRAIG SCHILLiNG, Plaintiff iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERiNE MARIE WETZEL Defendant CIVIL ACTION - LAW IN CUSTODY NO. 2002- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 M/3 ichael J. Hanfi, Esquire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG SCHILLING, Plaintiff KATHERINE MARIE WETZEL Defendant CIVIL ACTION - LAW IN CUSTODY NO. 2002- ~, o/; COMPLAINT FOR CUSTODY AND NOW, this ~ day of December, 2002, comes Plaintiff, Craig Schilling, by and through his attorneys, Hanfi & Knight, P.C., and files the following Complaint for Custody in support thereof avers as follows: 1. The Plaintiff is Craig Schilling, an adult individual residing at 6 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Katherine Marie Wetzel, an adult individual residing at 210 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff seeks partial custody and visitation of the following child: Name Present Residence Donovan Phillip Wetzel 210 Marion Avenue Carlisle, PA 17013 The child WAS born out of wedlock and is NOT Plaintiff's natural child although Plaintiff has acted a the child's father for most of the child's life. The child is presently in the physical custody of Defendant, who refuses to allow child to see Plaintiff. During the past seven years, the child has resided with either Plaintiff at the following addresses: 6 Cardinal Drive, Carlisle, Pennsylvania, 128 Meals Drive, Carlisle, Pennsylvania and 1013 Green Street, Harrisburg, Pennsylvania. The child currently resides with Defendant at 210 Marion Avenue, Carlisle, Pennsylvania. The mother of the child is the Defendant, who resides at 210 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 4. The relationship of Plaintiff to the child is that ofloco parentis father. The Plaintiff currently resides with the child's sister, who is the Plaintiff's and Defendant's natural daughter. 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the child, the child's sister who is the Plaintiff's and Defendant's natural daughter. Plaintiff has not participated as a party or witness, or in any other capacity, in other The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) Even though not his natural child, the Plaintiff has had shared physical custody of the child for most of the child's life; b) The Plaintiffprovides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; litigation concerning the custody of the child in this or another court. The Plaintiff has no information ora custody proceeding concerning the custody of the child in this or any other court. c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) Until recently, when Defendant refused to allow Plaintiff to have visitation with the child, the Plaintiff exercised parental duties and responsibilities and enjoyed the love and affection of the child. 8. There are no other persons who are known to claim a right to custody or visitation of the child. WHEREFORE, Plaintiffrespectfully requests Your Honorable Court grant Plaintiffshared physical and shared legal custody of Donovan Philip Wetzel. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff VERIFICATION I VERIFY that the statements set forth in the attached document 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. Section 4904 relating to unsworn falsification t~uthorities. CRAIG SCHILLING PLAINTIFF KATHERINE MARIE WETZEL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6011 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Monday, December 23, 2002 , 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 Wednesday, January 15, 2003 at 1:30 PM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Vern~, Esa. L~ Custody Conciliator ' 0 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 lhe court. You must attend the scheduled conference or hearing. 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 17{) 13 Telephone (717) 249-3166 VlNV;\'IASNNr':]d CRAIG SCHILLING, Plaintiff V. KATHERINE M. WETZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION -. LAW : CUSTODY/VISITATION : : NO. 02-6011 Civil Term RULE TO SHOW CAUSE AND NOW, this o° :~ day of~_~.~~_, 2003, upon consideration of the defendant's Preliminary Objection, it is hereby ORDERED that the plaintiff show cause as to why the relief requested should not be granted. RULE RETURNABLE WITHIN ~*f4E-tq:F%~-(~) DAYS AFTER SERVICE. .... , ~: VACATE~.. Distribution: Michael J. Hanft, Esquire Attorney for Plaintiff Gregory L. Cutler, Esquire, Attorney for Defendant CRAIG SCHILLING, Plaintiff Vo KATHERINE M. WETZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. 02-6011 Civil Term PRELIMINARY OBJECTION 1. On December 19, 2002, the Plaintiff filed the above-captioned action. o The subject of the above-captioned action, Donovan Phillip Wetzel, was born in wedlock. o The defendant in the above-captioned action in the biological mother of Donovan Phillip Wetzel. The biological father of Donovan Phillip Wetzel is Timothy Andrew Wetzel, who is believed to reside in Dauphin County, Pennsylvania. o The biological father, Timothy Andrew Wetzel, currently pays court-ordered child support. The plaintiff has failed to join a necessary party, in that Timothy AndreTM Wetzel was not included in the above-captioned action. o By Order of Court dated December 23, 2002, the parties were ordered to appear for a Pre-Hearing Custody Conference on January 15, 2003. o The plaintiff does not have standing to sue for custody of Donovan Phillip Wetzel. WHEREFORE, the defendant requests that the above-captioned action be dismissed. Respectfully Submitted, THE LAW OFFICES OF iPAUL BRADFORD ORR Date: //~'/O ~ By: Gregal~fL.~Utler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 VERIFICATION I verify that the statements made in the foregoing Preliminary Objection are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATE: Katherine M. Wetzel CRAIG SCHILLING, Plaintiff V. KATHERINE M. WETZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-6011 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2 $-~ day of <~a~a,~,~ ,2003, upon consideration of the attached Custody Conciliation Rel~rt, it is ordered and directed as follows: The Conciliation Conference in the above reference matter is hereby continued pending an Order of Court on the Preliminary Objections. In the event a decision on the Preliminary Objections is favorable to Plaintiff, Plaintiff may contact the Conciliator and schedule another Conciliation Conference. BY THE COURT, / cc: Michael J. Hanft, Esquire, Counsel for Pla~tiff ) Ct~ Gregory L. Cutler, Esquire, Counsel for Mother Jo i~ .2'~.6_~ '~,NYA-IASNNBd h I :B ~?~ h 3 N~'t~ CRAIG SCHILLING, Plaintiff : IN THE COURT OF COMMON PLEAs OF V. : CUMBERLAND COUNTy, PENNSyL VANIA : 2002.6011 CIVIL TERM KATHERINE MARIE WETZEL, / CIVIL Defendant : ACTION, LAW PRIOR JUDGE: Kevin A. Hess, d. : IN CUSTODy IN ACCORDANCE PROCEDURE WITH CUMBERLAND COUNTy RULE OF CIVIL report: 1915.3_8, the Undersigned Custody Conciliator 1. The Pertinent information submits the following litigation is as follows: Concerning the Child Who is the subject of this NAME DATE OF BIRTH CURRENTLy IN CUSTODy OF Donovan Phillip Wetzel July 4, 1994 2. with the c^,, .A Conciliation o~_~ MOther *tullO1Vln in ' ' '-'merence . counsel, Mioh--, g. ,~Ivlduals in t~..~_ was held in ~-.ael j. nanft ~._ · at'~"uance: Tho ~.,_ s matter on da counsel, Gregory L. Cutler, Esquire. "-,,ruer, Katheri,~ ~ qmrng, with his ' , ~quire, and the ~,~^-~-~ -amer, Craie Sc~:,,.'"mary 15, 2003 3. '~ wmne Wetzel, with her A prior Order of Court was dated January 8, 2003 providing for a Rule meted by the HOnor Defendant,s Prelirnin . e January 18, 2 ary Objection .. to Show Caus able. Kevm A. 003. s should not be o ..... se, on_ the Plaintiff.,.,_ Heso, ~,-~aca. l'he Rule :~ why '~ returnable on 4 p · laintiff's position on custod · continuance of the Co · · · status ~s his jurisdictional basis for bringin y is as follows: Father . Objections. Plab-;~* n. cdlation Confers-- g the custody co,~-~, asserts m/nco oraered p~o:_..~.~,m also reaue~.~ .. ~uce pendin~ th .... ~'"P~arnt. Father r .... frn,~ ~' - '"mUtt a~reen ,~ '~ .°'"u me custon:~, ? "~ uutcorne or,k- .. . ~questea a · ~'" w~Other or ;~ ,~ ,, to and the n ...... ,,,m status nun ..._ . -mc t'relirnin~,,. aetermi,,~ ~ -, me alternat;,,~ atural Father ao ~ n , week On/wen/ .... -~ et current add. ....'~c requested tho* ~. o.a party but re ...... '~.~ ou Oe '~o~ ~or natural Fath~-"~v~°ther contact D,~c~f.e°~an address '~ auu provide ..... "mc~uc Relatione - '* ~urrent add- *ess to Plaintiff /Oco paventi~ h4Otber,s .... uulcl be con,:- rehminarv r~,_.~° to allow m:.'~ as tbllow.~. ~, "~med n ....~ ~°Jection~ ~ J-~a~ntiff ~.. o. wlothe _ . ' The- . the n .. at the ~ aild Parties agree~. ~rehmin~ ~ ~°nciliaffo. ~pcnaing the ~ to the entp ~ -~ ~°Jeeffons "~°nferene~ y ot~ Or, er in *~ ~ .~e tb~ as a~aehe~. / CRAIG SCHILLING, Plaintiff Vo KATHERINE M. WETZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-6011 CIVIL TERM : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Gregory L. Cutler,'E~, 50 East High Street Carlisle, PA 17013 (717) 258-8558 :luire ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Date: Respectfully submitted, '200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG SCHILLING, Plaintiff KATHERiNE M. WETZEL, Defendant No. 2002-6011 Civil Term CIVIL ACTION - LAW iN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the PlaintifF, Craig Schilling, in the above- captioned matter. Date: HANFT & KNIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 P_PRAECIPE FOR ENTRY OF APPEAR_a_NCE TO THE PROTHONOTARY: Please enter the Plaintiff's appearance as pro se, in the above-captioned matter. ~raig SI