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Home My WebLink About03-3947Karen Lutz, Plaintiff Jonathon James Wall, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- ,.~'~ '~ CIVIL TERM : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Karen Lutz, an adult individual whose residence is at 2628 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jonathan James Wall, an adult individual whose residence is at 4 Linda Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Zavian Michael Wall, born June 20, 1999, currently residing at 2628 Walnut Bottom Road, Carlisle, Pennsylvania. 4. The child is presently in the custody of Plaintiff. 5. Since the child's birth, the child has resided at the following addresses: Name Address Dates Zavian Michael Wall 2628 Walnut Bottom Road 8-7-02 to Present Carlisle, PA 798 Roxberry Road 6-20-99 to 8-7-02 Newville, PA 6. The relationship of the Plaintiff to the children is that of natural mother. 7. The relationship of the Defendant to the children is that of natural father. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child, 11. 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. No other persons are known to have or claim to have any dght to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court provide shared legal custody to Plaintiff and primary physical custody to Plaintiff. Respectfully Submitted TURO LAW OFFICES Date Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date CERTIFICATE OF SERVICE hereby certify that I served a true and correct copy of the Complaint For Custody upon Jonathan James Wall, by depositing same in the United States Mail, first class, postage pre-paid on the /~o/~. day of August, 2003, from Carlisle, Pennsylvania, addressed as follows: Jonathan James Wall 4 Linda Drive Mechanicsburg, PA 17055 TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff KAREN LUTZ PLAINTIFF V. JONATHON JAMES WALL DEFENDANT 1N THE COURT OF cOMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA : 03-3947 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COIJRT AND NOW, _ Thursday, August~14, 2003 __., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. G~sq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on. Thursday, Selenetuber 11, 2003 at 10:30 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 i)rior to scheduled hearing. FOR THE COURT, By:_ Is/ l-Iubert X. Gilrool. 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 ATTOPd'~Y AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 'Cumberland County l~ar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2003 KAREN LUTZ, Plaintiff V JONATHAN J. WALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 3947 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of 1~) L-~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Karen Lutz, and the Father, Jonathan Wall, shall enjoy shared legal custody of Zavian M. Wall, born June 20, 1999. 2. The Mother shall enjoy primary physical custody of the minor child. Father shall enjoy periods of temporary physical custody of the minor child as follows: On alternating weekends from Friday at 4:00 p.m. until Sunday at 5:00 p.m. B. At such other times as agreed upon by the parties. The holidays shall be handled as follows: The Thanksgiving holiday shall be divided into two segments with Segment A being from 8:00 a.m. until 3:00 p.m. and the second segment being from 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments with the Father having Segment A in 2003 and Mother enjoying Segment B in 2003, with the parties alternating thereafter. The Christmas holiday shall be divided into two segments, Segment A shall be from Christmas Eve at Noon until Christmas Day at Noon and Segment B shall be from Christmas Day at Noon until December 26th at Noon. Mother shall enjoy custody of the minor child for Segment A in 2003 with the Father enjoying Segment B, and the parties alternating thereafter. o The Easter holiday shaH be divided into two segments with Segment A being from 10:00 a.m. until 3:00 p.m. and the second segment being from 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments, with the Father having Segment A in 2003 and Mother enjoying Segment B in 2003, with the parties alternating thereafter. Both parents shall allow the non-custodial parent to have liberal reasonable telephone contact with the minor child when the child is in the other parent's custody. Puesnant to the shared custody arrangement, both parties shall keep the other parent advised with respect to all pertinent medical, social, education and other important issues relating to the child. Additionally, neither party shall say or act in any way that would estrange the child from the other parent. Each parent shall enjoy at least 2 weeks of vacation with the minor child during the year. The parties shall give the other party reasonable advanced notice as to when they intend to exercise vacation time pursuant to this provision. Additionally, the custodial parent during vacation shall advise the other parent with respect to the location of the vacation destination and provide appropriate phone numbers so the parties may contact each other in the event of an emergency. The parties may modify this order as they agree. Absent an agreement, this order shall control. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator for another custody conciliation conference. CC: ~'~en R. Waltz, Esquire ~nathan J. Wall 82 Linda Drive, Lot 4 Mechanlcsburg, PA 17055 KAREN LUTZ, Plaintiff V JONATHAN J. WALL, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 3947 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Cunciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Zavian M. Wall, born June 20, 1999. A Conciliation Conference was held on September 18, 2003, with the following individuals in attendance: The Mother, Karen Lutz, with her counsel, Galen R. Waltz, Esquire; and the Father, Jonathan J. Wall, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. Hubert X. Gflro~ Esquire Custody Conc~ffator