HomeMy WebLinkAbout03-3614
TODD R. ROLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. oj.3 fpl~
CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
IN CUSTODY
COMPLAINT FOR CUSTODY
L Plaintiff is Todd R. Roland, who currently resides at 245 Pine Grove Road, Gardners,
Cumberland County, Pennsylvania. 1'7
2. Defendant is Elizabeth C. Roland, who currently resides on Main Street, Alexandria,
Huntingdon County, Pennsylvania; it is believed she is moving to Philadelphia, Pa, on or about
August 1,2003.
3. Plaintiff seeks primary custody of the following children:
NAME
DOB
ADDRESS
Zachary Todd Roland
6/5/95
Tiffany Marie Roland
11116/92
during the past several months,
custody has been shared between
mother's residence in Huntingdon
County and father's residence
in Cumberland County, Pa.
The children were born in wedlock.
Father and mother currently share custody of the children.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME
ADDRESSES
DATES
Todd Roland
Elizabeth Roland
Petersburg, Pa.
1/97 to 10/01
Todd Roland
Elizabeth Roland
Betty Nelson Court
Carlisle, Pa. 17013
10/01 to 11/02
In November 2002, the couple separated and have had shared custody.
The addresses of each party are listed below:
Elizabeth Roland
Betty Nelson Court
Carlisle, Pa. 17013
11/02 to 1/02
Todd Roland
62 Marilynn Drive
Carlisle, Pa. 17013
11/02 to 3/02
Elizabeth Roland
MainSt.
Alexandria, Pa.
1/03 to present
Todd Roland
Lorie Yost
245 Pine Grove Rd.
Gardners, Pa. 17324
4/3 to present
The mother of the children is: Elizabeth C. Roland, currently residing at: Alexandria,
Huntingdon County, Pennsylvania; it is believed she is moving to Philadelphia, Pennsylvania on
or about August 1,2003.
She is married to Todd Roland, however a divorce complaint has been filed in Allegheny
County, Pennsylvania.
The father of the children is: Todd R Roland, currently residing at: 245 Pine Grove Road,
Gardners, Cumberland County, Pennsylvania.
He is married to Elizabeth C. Roland, however, a divorce complaint has been filed in
Allegheny County, Pennsylvania.
4. The relationship of plaintiff to the children is that of FATHER. The plaintiff currently
resides with his girlfriend, Lorie Yost.
5. The relationship of defendant to the children is that of MOTHER. The persons that
the defendant currently resides with are: unknown.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
Plaintiff does not know of 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.
7. The best interest and permanent welfare of the children will be served by granting the
relief requested because; Mother was recently evicted from her Huntingdon County residence and
is currentlv planning on movin!( to Philadelphia.. Pa.: she has a history of moving frequentlv and
has not provided adequate housin!(, medical care, clothing, or food for the children: Father
believes he can provide a much more stable home and can provide a better living environment
for the children: he currentlv has a stable job and home: therefore, he believes it would be in the
best interest of the children to reside primarily with him.
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.
WHEREFORE, Plaintiff requests the court to grant Todd Roland primary custody of the
children.
Date; '1- ~9-D3
Respectfully submitted,
GQ9
e Adams, Esquire
1. . No. 79465
6 outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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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 18 Pa.C.s. g4904 relating to unsworn
falsification to authorities.
Date: '1 } ~ ~ ~ 3
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TODD R. ROLAND
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
03-3614 CIVIL ACTION LAW
ELIZABETH C. ROLAND
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, August 05, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Thursday, September 04, 2003
, the conciliator,
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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(.
FOR THE COURT,
By; Isl
Hubert X, Gilroy, Esq.
Custody Conciliator
v
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of I 990. For infonnation 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 TI-IIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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
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II
TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 0 :, - ~\.o \ V\ CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
AFFIDAVIT OF SERVICJ1~
AND NOW, this August 15,2003 I, Jane Adams, Esquire, hereby certify that
on or about August 13, 2003, a certified true copy of the CUSTODY ORDER setting~ hearing
date and CUSTODY COMPLAINT were served, via certified mail, return receipt req~sted,
restricted delivery, addressed to:
Elizabeth Roland
1534 Ben Franklin Highway
Douglasville, Pa. 19518
DEFENDANT
Respectfully Submitted:
Adams, EsqUIre
LD. o. 79465
outh Pitt Street
Carlisle, Pa. 17013 i
(717) 245-8508 1
ATTORNEY FORPLAINTNl
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, .ttem4Sff, Restricted,D..llV.~ is desired.
. Prini~dur name ary;l'addroSs on the reverse
so that we can rebJrn the card to you.
. A~h this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number
(Transfer from service label)
DC ~nrm 3811 , March 2001
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D. \s delivEll'Y address differerrt't;~m item 17
If YES, enter delivery address below:
3. SaNiee Type
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o Insured Mail
o Express Mail
o Return Receipt for Merchandise
DC,O.D,
4. Restricted Delivery? (Extf';!l Fee)
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Domestic Return Receipt
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10259S.01.M-1424
UNITED STATES POSTAL SERVICE
III/II
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
. Sender: Please print your name, address, and ZIP+4 in this box.
'?
JANE ADAMS
ATTORNEY AT LAW
36 S. PITT STREET
CARLISLE, PA 17013
i (5 1...111...1111/.,../11/111/'//'.,/./1/1././././.1,.1./../.././
AU~ ZM3
TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
; NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
IN CUSTODY
ORDER OF COURT
~
AND NOW, this r.... day of August, 2003, upon consideration of the attached Petition
for Emergency Relief, it is hereby Ordered as follows;
%0 l'~tition8r, Todd R. RcACu.J, i, gldllU::U iuuue::u!ale:: le::lllpUldlY ':;.l'Stody Qft~" 1;}1inor
ehihlr~n, Zl1.chary Todd Roland, ana Tiffauy MaLi" Rulana, and the:: dlaJl"u ,1.llU llttJIW the
_ Cmliolil AreA G"hvv\ Di,l1ivl pt:uJ!ng me LUSW<!y C.onclllaLiuu uu S'c::ple::rrl'ber 'I, LUU5. A
hearing before the Court is set for the ,i 1-11 day of ~
,2003, at I fI; , () A'M., in Courtroom No. ;;l::: of the Cumberland County
Courthouse.
Judge
cc: Galen Waltz, Esquire
Jane Adams, Esquire
TODD R. ROLAND,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH C. ROLAND,
DEFENDANT
03-3614 CIVIL TERM
AND NOW, this
ORDER OF COURT
""*""- day of August, 2003, following a hearing on
the petition of Todd R. Roland for emergency relief, IT IS ORDERED that pending
further order of court Zachary Roland, born June 5, 1995, and Tiffany Roland, born
November 16, 1992, shall attend school in the school district where the mother is living
in Pottstown.
Jane Adams, Esquire
For Todd Roland
Galen Waltz, Esquire
For Elizabeth Roland
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SEP 0 5 2003 ~
TODD R. ROLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
ELIZABETH C. ROLAND,
Defendant
NO.2003-3614 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this q01 day of September, 2003, upon consideration of the attached
Cnstody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County
Courthouse on the tfUl day of i1...<.~ , 2003, at
"t,,'5 A .M. At this hearing, the Father, Todd R. Roland, shall be the
moving party and shall proceed initially with testimony. Counsel for the
parties shall file with the court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the court,
each parties position on those issues, a list of witnesses who will be called to
testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least five days prior to the mentioned hearing
date.
2. Pending further order of this court, it is ordered that the Mother, Elizabeth
C. Roland, and the Father, Todd R. Roland, shall enjoy shared legal custody
of Zachary T. Roland, born June 5, 1995; and Tiffany M. Roland, born
November 16, 1992.
3. Mother shall enjoy primary physical custody of the minor children during the
school year so the children may continue to attend school in Pottstown.
4. Father shall enjoy periods of temporary physical custody with the minor
children as follows:
A. On alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m. Exchange of custody shall take place at a halfway point
between the parties' homes at a location as agreed upon by the parties.
B. At such other times as agreed upon by the parties.
C. In the event Father's alternating weekend schedule is adjacent to a
Monday or Friday holiday from school for the children, Father shall
also enjoy custody of the children on those days. For example, if there
is a Monday holiday, Father does not need to return the children to
Mother until Monday at 7:00 p.m. Ifthere is a Friday holiday, Father
will have custody of the minor children on Thursday at 7:00 p.m.
J.
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cc:
Jane Adams, Esquire
Galen R. Waltz, Esquire
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TODD R. ROLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
ELIZABETH C. ROLAND,
Defendant
NO. 2003 -3614 CIVIL
IN CUSTODY
Prior Judge: Edgar B. Bayley
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the children who are the subject of this
litigation is as follows:
Zachary T. Roland, born June 5, 1995; and Tiffany M. Roland, born November 16,
1992.
2. A Conciliation Conference was held on September 4, 2003, with the following
individuals in attendance:
The Father, Todd R. Roland, with his counsel, Jane Adams, Esquire; and the
Mother, Elizabeth C. Roland, with her counsel, Galen R. Waltz, Esquire.
3. The parties separated in November of last year and had reached an agreement on
custody until there was a dispute at the end of the summer with respect to where the
children would start school. Mother is living in Pottstown and Father is living in
Gardners. Judge Bayley had conducted a short hearing and issued an order on
August 28, 2003 specifying that the children should go to school in Pottstown and
remain in the primary custody of the Mother during the school year. Father desires
to have a more involved hearing in an effort to demonstrate to the court why he
believed he should be the primary custodian of the children. Pending that hearing,
the parties are willing to work out an arrangement where Father will have temporary
custody on alternating weekends.
4.
The conciliator recommends the entry of an order in the fonn as attached.
7
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TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
MOTION FOR A CONTINUANCE
1. Movant is Jane Adams, Esquire, Attorney for the Plaintiff in the above-captioned
matter.
2. Movant's client has indicated he does not wish have the hearing previously scheduled
at this time but may be requesting changes in the custody agreement.
3. Movant believes this matter can be resolved through negotiation between the
attorneys.
4. Movant has contacted Galen Waltz, Esquire, and he did not indicate any opposition to
a general continuance.
WHEREFORE, Movant respectfully requests that the (:ustody hearing scheduled for
Thursday, December 4th, 2003, at 8:45 a.m. be continued generally and the matter may be re-
listed for a hearing by the Court by either party by motion or petition requesting same.
Date: I :2-- .'3, . c,3
TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, hereby certifY that a copy of the attached Petition was served
upon the following, by forwarding a true and correct copy of same by the following methods:
Galen Waltz, Esquire
37 S. Pitt St.
Carlisle, Pa. 170 I3
VIA HAND DELIVERY
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TODD R ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this S'-/--. day of
r~
,2003, upon review of the
Motion for a Continuance, the Court orders and directs that the hearing scheduled for Thursday,
December 4, 2003, at 8:45 a.m. is continued generally and the matter may be re-listed for a
hearing by the Court upon application of either party by motion or petition.
Judge
cc:
l.6'alen Waltz, Esquire
-kne Adams, Esquire
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TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
MOTION FOR A CONTINUANCE
I. Movant is Jane Adams, Esquire, Attorney for the Plaintiff in the above-captioned
matter.
2. Movant's client has indicated he does not wish have the hearing previously scheduled
at this time but may be requesting changes in the custody agreement.
3. Movant believes this matter can be resolved through negotiation between the
attorneys.
4. Movant has contacted Galen Waltz, Esquire, and he did not indicate any opposition to
a general continuance.
WHEREFORE, Movant respectfully requests that the custody hearing scheduled for
Thursday, December 4th, 2003, at 8:45 a.m. be continued generally and the matter may be re-
listed for a hearing by the Court by either party by motion or petition requesting same.
Respectfully Submitted:
Date: 1:2- - ~~ . c,3
Adams, Esquire
. No. 79465
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
TODD R. ROLAND
TODD R. ROLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, hereby certify that a copy of the attached Petition was served
upon the following, by forwarding a true and correct copy of same by the following methods:
Galen Waltz, Esquire
37 S. Pitt St.
Carlisle, Pa. 17013
VIA HAND DELIVERY
L
e Adams, Esquire
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TODD R. ROLAND,
Plaintiff
; IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 03 - 3614 CIVIL TERM
ELIZABETH C. ROLAND,
Defendant
: IN CUSTODY
PRAECIPE TO WITHDRAW CUSTODY COMPLAINT
TOTHEPROTHONOTA~Y: ~
AND NOW, this 7-1 day of r ~uAJ.' ,2004,
please mark the Custody Complaint, which was filed on July !9~, under the above-
captioned number, as withdrawn.
Respectfully Submitted,
~J;pC?
J e Adams, Esquire
.D. No. 79465
36 S. Pitt St
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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Lus TODY
5T.IPULATroN
Date Effective: June 10th, 2005
Todd R. Roland and Elizabeth C. Roland do so enter into tbe following agreement
reganrding tbe custody of Zaebarv T. Roland and Tiffanv M. Roland.
Tbe following agreement is agreed upon by botb parties stated above, tbe agreement sball be as
follows,
1
Zacbarv Todd Roland sball reside witb bis fatber Todd R. Roland in Carlisle,
PA at bis bome effective June 10th, 2005.
2
Tiffauv Marie Roland shall reside witb ber motber Ellzabetb C. Roland at tbelr
current location on Pine Forge Road, P A
3
Todd Roland and Elizabeth Roland sball both maintain Joint Custody of both
cbildren witb Todd Roland Iutvinl! PhVllical Custody of Zaclutrv Roland and
Elizabetb Roland will have Pbvsical Custody of Tiffanv Rol8.m!.
4
Todd Roland and Elizabeth Roland agree to enact this agreement lnmad of
tbe current conrt ordered arrangement.
5
Todd Roland and Elizabetb agree tbat if after 1 school year tbat eitber Zacbarv
or Tiffanv wisb to cbange living arrangements tbat Todd and Elizabeth agree to
to discuss it witb that child an determine tbe best situation for tbe cbild.
6
Todd R. Roland and Elizabetb C. Roland agree to be financially responsible
for tbe cbild theybave in tbeir pbysical custody.
7
Holidays and otber special days througb out tbe year will be discussed as sucb
event or day comes up as it bas been done in the past.
8
Starting Summer 2006 Todd Roland and Ellzabetb Roland_agree to switch the
cbildren every otber week. So that eacb parent will bave both kids one week
and tbe other parent will bave both kids the following wed(, and so on_
9
Todd Roland and Elizabeth Roland agree tbat starting ..:bool year of 05106
tbey will meet every other weekend. So Ellzahetb will get Zacbary and keep
Tiffany for tbe weekend, two weeks later Todd will get Tiffany and keep
Zachary. Note: Both agree to giving extra weekends to tbe otber parent when
needed or wanted.
During the sehool year wboever's weekend it may be lfthe cbild tbey"
have bas extra days off school then both Todd and Elizabeth agree to meet
early so tbat parent ean bave an extended weekend.
Todd and Elizabetb agree to meet at Auf nm at "rystown Exit Tru<:k
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Todd R. Rola~ ;L;OI-/ Date: 6 lid As
Ellzabethc.Roland~~lrte:~
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TODD R. ROLAND,
PLAINTIFF
V.
ELIZABETH C. ROLAND
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 03-3614 CIVIL TERM
ORDER OF COURT
~
AND NOW, this
stipulation is made an order of this court
:sal
day of July, 2005, the attached custody
''C.. ..
Ed~. BaYley~
FIlED-OfFICE
OF THE PROTHONOTARY
2005 JUL -8 A1110: St.
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PE1JNSYLV/,NIA
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