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Home My WebLink About03-1879AMBERLYNN J. LANTZ, Plaintiff, Ve DAVID H. LANTZ, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2003- IP79 CIVILTERM : : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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. AMBERLYNN J. LANTZ, Plaintiff, DAVID H. LANTZ, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003- 177 ? CIVIL TEmU : IN DIVORCE COMPLAINT IN DIVORCE AND CUSTODY AND NOW, comes the Plaintiff, Amberlynn J. Lantz, by and through her attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce against the Defendant, David H. Lantz, representing as follows: 1. The Plaintiff is Amberlynn J. Lantz, an adult individual residing at 16 Liberty Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is David H. Lantz, an adult individual currently residing at 16 Liberty Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. COUNT I -DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 3. The averments of paragraphs one (1) through two (2) of this Complaint are made a part hereof and incorporated herein by reference. 4. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on December 4, 1998 in Mt. Holly Springs, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 9. There is one (1) child born to this marriage; namely, Adrian D. Lantz, born April 25, 1999, age 3 years. 10. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT II - CUSTODY 11. The averments of paragraphs one (1) through ten (10) of this Complaint are made a part hereof and incorporated herein by reference. 12. The parties' minor child is presently in the custody of Plaintiff. 13. Plaintiff desires primary physical custody with periods of temporary physical custody for Defendant. 14. The best interests and permanent welfare of the child requires the Court grant the Plaintiff's request as set forth above. 15. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other location. 16. 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. WHEREFORE, the Plaintiff respectfully requests that an Order of Court be entered granting her primary physical custody of the parties' minor child, Adrian D. Lantz. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dated: By: Douglas (~ Miller, Es~luire Supreme C"ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: ~ ,2003 AMBERLYNN J. LANTZ PLAINTIFF DAVID H. LANTZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1879 CIVIl, ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilro~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 05, 2003 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 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, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TttE COURT. By: /s/ Hubert X. Gilroy, 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMBERLYNN J. LANTZ, Petitioner Ye DAVID H. LANTZ, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2003 - 1879 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, David H. Lantz, on April 30, 2003 by certified mail, return receipt requested, addressed to 16 Liberty Drive, Mount Holly Springs, PA 17065, with return receipt number 7002 0860 0000 1074 3943. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Douglas~3. M1-~''~' -~" "'"lle~, ~squ'ire Suprem~Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attomey for Plaintiff Amberlynn Lantz :'!elive· Io oo'[a, fft n,o~.u ........ a~e~u~lr~dc.~tr~eret%a~3'~,~,eatur~S~PS~'~l~3~stnm~'~r~k~'~n your Certified Mail rece t is requtrea-- dditional fee, delivery.may be restricted to the. addressee. . or aFc~c~reas~e~,s authorized a.g_en.t: Adv,ee the clerk or mark the malplece with the endorsement "RestricteO ue~lvery". · If a postmark o.n ,.h.e C.ertified ~M~ t ?,~,~l~naS~hPer~tehc~ ~rt~ cie at the post omce tor receipt is not needed, detach and affix ~aoe~ wrm I~U~,=u~ '=, " IMR3RTABT:,Save Ibis receipt a~ i~re~al It ~ea making an inquiry, Ps Farm 3808, Al~rl12082 (Reverse) 1{}2§9§-1}~-1~1-1132 m' Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver/is de,ired. · Pdnt your name and address on the reverse so that we can return the ~ to you. Attach this card to the back of the rnallpiece, or~)n the front if space permits. · Alcie Addressed to: DAvid H. Lantz 16 Liberty Drive Hount Holly Sprin~s, PA 17065 2. Article Number (Transfer from smviee PS Form 3811, August 2001 If YES, enter detivef~ address betow: 3. Se~k~e Type [] Registered I!t Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 7002 0860 0000 1074 3943 Domestic Return Receipt 102595-02-M-1035 ,) AMBERLYNN J. LANTZ, Petitioner Ve DAVID H. LANTZ, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2003 - 1879 CIVIL TERM STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of ,2003, by and between AMBERLYNN J. LANTZ (hereinafter referred to as "Mother"), and DAVID H. LANTZ (hereinafter referred to els "Father"). WHEREAS, Father and Mother are the natural parents of Adrian D. Lantz, bom April 25, 1999; and WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for their minor child, to be in effect hereafter and until altered by subsequent Order of Court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effbct the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have shared legal custody of Adrian D. Lantz. All non- emergency decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the child's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. Mother shall have primary physical custody of Adrian D. Lantz. 3. Father shall have temporary physical custody of Adrian D. Lantz every other week from Sunday at 10:00 a.m. until Tuesday at 8:00 p.m., starting May 25, 2003. Father shall also be entitled to have custody of the child during each year for up to two (2) non-consecutive weeks. These weeks will coincide with Father's scheduled vacations and he shall provide notice of the dates of these vacations to Mother as soon as they are scheduled which time shall be at least fourteen (14) days prior to the vacation. Once the child is enrolled in school, the said non- consecutive week vacations will be scheduled so as to avoid school days being missed. 4. In addition to Father's times of temporary custody in Paragraph Three (3) above, all holidays shall be shared as is mutually agreed upon by the parties. Typically, Father shall have custody of the child on either the day before or the day after each holiday at such times as are mutually agreed upon by the parties. 5. Transportation for Father's periods of temporary physical custody shall be provided by Father. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. The parties agree that there shall be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Neither party shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 11. Neither party shall remove the child from the Commonwealth of Pennsylvania except for vacations when said party has custody of the minor child as provided herein. Each parent agrees to inform the other parent if he or she desires to remove the child from the Commonwealth of Pennsylvania by providing notice at least fourteen (14) calendar days prior to the anticipated date of departure. In such an instance, the party who desires to remove the child, 3 shall provide the other parent with a general schedule of the planned vacation and its location or locations, along with a telephone number or numbers, including area code, where the child may be reached. 12. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties may temporarily alter the schedule of physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedule. If on any such changes, the terms and provisions of this Order shall the parties cannot agree control. 14. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 15. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 16. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: A~M BERL YN N~}'. 'L~,N T ~ D~VID H. LANT~ ~_~ 5 COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the _~day of"~~ .., 2003, before me the undersigned officer, personally appeared AMBERLYNN~J.t~ANTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed' to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Man. ha L. Noel, Notary Public I C~disle Boro, Cumberland Coullty_ _ LMY Cgm. mission Expired Sept..t8, 2003 Memt~r, Pennsylvania Ass°ciaii°n of Notaries COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF : ~ day of '~~ , 2003, before me the undersigned On this, thc D~VID '~.~-~TZ, known to me (or satisfactorily proven) to be officer, personally appeared · the person whose name is subscribed'~togthe within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Martha L. Noel, Notary Public C~rtisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Mem0er, Pennsylvania Association of Notaries AMBERLYNN J. LANTZ, Petitioner DAVID H. LANTZ, Respondent H^¥ 0 9 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2003 - 1879 CIVIL TERM ORDER OF COURT AND NOW, this 2o" day of ~,~a7 , 2003, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, Jo RODNEY MILLER, Plaintiff LAWRENCE G. FRANK, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 03 - 1878 CIVIL ACTION - LAW RESPONSE TO PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME AND NOW, comes Defendant Lawrence G. Frank ("Defendant") by and through his attorneys, Peters & Wasilefski and William J. Peters, Esquire and files the following response to Rodney Miller's (''Plaintiff') Motion for Extension of Time. Defendant opposes the Plaintiff's Motion for an Extension of Time in which to file a Certificate of Merit in this case which was filed by the Plaintiff on or about August 13, 2003. Plaintiff filed his Complaint against the Defendant on or about April 23, 2003 allegi[ng that the Defendant ill advised the Plaintiff in his professional capacity as an attorney with regard to, a Bankruptcy proceeding. Plaintiff thereafter failed to file a Certificate of Merit as required by Pennsylvania Rule of Civil Procedure 1042.3(a). Neither did the Plaintiff file a timely request for an extension for filing of a Certificate of Merit. Pa. R.C.P. I042.3(d) in part reads that the Motion to Extend the time for filing a Certificate of Merit must (underlining added for emphasis) be filed on or before the filing date that the Plaintiff seeks to extend. On or about June 25, 2003 Defendant filed a Praecipe for Entry of Judgment of Non Pros pursuant to Pa. R.C.P. 1042.6 which was granted on that date. WHEREFORE, Plaintiff's request for extension of time in which to file a Certificate of Merit should be denied. Date: By: Respectfully submitted, Peters & Wasilefski William J. Peters, Esquire Attorney ID//52670 2931 North From Street Harrisburg, PA 17110 717-238-7555 Attorney for Defendant, Lawrence G. Frank RODNEY MILLER, Plaintiff PENNSYLVANIA LAWRENCE G. FRANK, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, DOCKET NO: 03-1878 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing Response to Plaintiff's Motion for an Extension of Time has heen served on all parties of record by placing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania and by serving the same by Certified Mail, Return Receipt Requested on this 20a day of August, 2003, and addressed as follows: Rodney J. Miller, pro se UPS Allenwood - 3B Post Office Box 3000 White Deer, Pennsylvania 17887 Peters & Wasilefski