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HomeMy WebLinkAbout07-3154Michael C. Wentling, 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karen A. Odom, No. O7 -~/may CIVIL Defendant 1N CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Michael C. Wentling, residing at 109 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Karen A. Odom, residing at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Katherine Wentling 15 Lois Lane 8-10-04 2 Years Mechanicsburg, Pa 17050 The child was born out of wedlock The child is presently in the custody of Karen A. Odom, residing at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Michael Wentling Karen A. Odom David Wentling 109 Regency Woods North Carlisle,'Pa 17013 Birth to 5/10/07 Karen Odom 15 Lois Lane 5/10/07 to present Mechanicsburg, Pa 17050 4. The mother of the child is Karen A. Odom, residing at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is unmarried. The father of the child is Michael C. Wentling, residing at 109 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. He is unmarried. The relationship of plaintiff to the child is that of Father. The plaintiff currently. resides with the following persons. Name David Wentling 6. Relationship Son The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Relationship Cheryl Cowden Mother Larry Cowden Step-Father Hannah Odom Daughter 7 Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary pazental responsibilities for the child and; Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. Plaintiff is able to provide the Gaze and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regazding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. A Court Ordered determination of custody is required to avoid continuing conflict between the pazties regazding responsibility for custody and support. Defendant's erratic and abusive behavior poses a threat of harm to the child. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody of child subject to structured partial custody by the defendant. Respectfully submitted, ROMINGER & ASSOCIATES Date: ~ ~ ~~~ I~Iie A. Tome ,Esquire 155 South Han er Street Cazlisle, PA 17013 (717)241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff Michael C. Wentling, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION -LAW Karen A. Odom, No. CIVIL Defendant IN CUSTODY 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. § 4904 relating to unsworn falsification to authorities. s ~ s r Michael C. Wentling, Plaintiff Michael C. Wentling, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karen A. Odom, No. CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karen A. Odom 15 Lois Lane Mechanicsburg, Pennsylvania 17050 Date: ~~ ~ Y~~ Lem A. Tomeo, E uire 155 South Hanover treet Carlisle, PA 17013 (717) 241=6070 Supreme Court I.D. # 200198 Attorney for Plaintiff ~ ~r.a { _~ t7 - ...:~ r7 ~.. w_ _~ " ' 9 T ~~ f + ~v ` ~ ~ M1~ } ~ ~. S / (1 ~, jI~ ~I~J ~ 1 ~ _ 1 Q ,.~„ . _ ~ ~ ~ -C. r ~ ~-;? D ~ ~~ ~J MICHAEL C. WENTLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM DEFENDANT • 07-3154 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, Juue 04, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Veruey, Esq. ,the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Tuesday, Juue 26, 2007 at 10:30 AM for aPre-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. Verney, 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 _~ `'~~' y~yp Go-l 9 z~~ ~ COh/ ~~t .v, ~~ w,vlv._.~ ~~ ~~ ~d ~- flf CDt1l t1Ci~C~l.t~~ 3-li. ~? ~~:.a~'.~--CJ~11~ ~ . '•-~.~ MICHAEL C. WENTLING, Plaintiff, v. KAREN A. ODOM, Defendant IN THE COURT OF COMMON PLEAS NO. 07-3154 CIVIL TERM CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Karen A. Odom, in the above captioned case. Respectfully submitted, Je~c~ Hokt, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: L • I I ~ ~- ! - '` MICHAEL C. WENTLING, IN THE COURT OF COMMON PLEAS Plaintiff, v. NO. 07-3154 CIVIL TERM KAREN A. ODOM, :CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Karen A. Odom, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Leslie A. Tomeo, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: ~i ~ 11- ~' Je is Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 C7 ~ p i-; -r~ ~'. k~.. ~ - -r} rr _ ~- -s: Z" ^~ ..r ; "ttY ..:~ ~ GT ! "~ JUN 2 0 2001 ~r MICHAEL C. WENTLING, IN THE COURT OF COMMON PLEAS Plaintiff, v. NO. 07-3154 CIVIL TERM KAREN A. ODOM, :CUSTODY Defendant ORDER AND NOW, this Z ~ ~ day of June 2007, both parties and their counsel, have agreed to the terms set forth in this Order, and as a result, it is hereby ORDERED, ADJUDGED and DECREED that the custody of the parties' minor child, Katherine Ariyanna Wentling, born August 10, 2004, shall be as follows: 1. The parties shall share legal custody of Katherine as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Katherine, including but not necessarily limited to, Katherine's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Katherine, keeping in mind Katherine's best interest being paramount. Each party agrees not to attempt to alienate Katherine's affections from the other party, and neither party shall make disparaging remarks about the other in Katherine's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Katherine that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent '~fl~Vt1`~,~S~l~ ~~ ~ 1 d f Z ~~(' tQQZ • having physical custody of Katherine at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Katherine, and to receive any and all relevant reports or other written information generated by such individuals concerning Katherine, and a copy of this Order shall act as authority to any such professional to release information regarding Katherine to either parent, upon request. 2. The parties shall share physical custody of Katherine on a week-on/week-off schedule but Mother's address shall be used as Katherine's primary residence. This schedule shall begin with Father having custody from Sunday, June 17, 2007, until Sunday, June 24, 2007, and alternating weekly thereafter. The parties shall exchange custody at 7:00 p.m. on Sunday evenings. 3. Summer Vacation and Holidays a. Both parties shall be entitled to two weeks of vacation with Katherine. Those weeks can be consecutive ornon-consecutive, but the parties agree that only one of the two weeks of vacation can take place during the other parent's custodial week. b. The party exercising the week of custody will provide the other party with thirty (30) days' notice of the week being requested. c. The parties will work together to ensure that their requested vacation periods do not conflict. d. Christmas -The parties will share custody according to a Block A/Block B split with Mother having Block A in odd years and Father having Block A in even years. Block A will be from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Block B will be from 12:00 noon on Christmas Day until 12:00 noon on December 26`t'. e. Easter -The parties will share the Easter holiday with Father always having Katherine from 9:00 a.m. until 3:00 p.m. and Mother always having Katherine from 3:00 p.m. until 9:00 p.m. f. Mother's Day will be spent with Mother. g. Father's Day will be spent with Father. h. Thanksgiving -The parties will alternate yearly with Father having Katherine in odd-numbered years and Mother having Katherine in even- numbered years. i. The p~irties will alternate Memorial Day, July 4`}' and Labor Day starting with Mother having Memorial Day in 2007. j. Katherine's Birthday -The parties agree that the non-custodial parent will have at least three (3) hours of time with Katherine on her birthday. k. Both parties understand and agree that schedules for Holidays, Birthdays, Special Days and Vacation supersede the routine schedule. 1. The holidays of Mother's Day, Memorial Day, Father's Day, July 4`f', Labor Day and Thanksgiving are presumed to begin at 7:00 p.m. the evening prior to the holiday and end at 7:00 p.m. the day of the holiday unless otherwise stated in this agreement or altered by mutual agreement of the parties. 4. The parties agree that if either party takes Katherine out of town for twenty-four (24) hours or longer, the non-custodial parent will be provided with an address where Katherine will be staying and an emergency contact number. 5. Transportation: The parties will share equally the transportation for all custody exchanges. Both parents shall share cell phone numbers for each other and shall communicate with each other in the event of problems or delays in transportation. If the parties cannot establish a mutually satisfactory plan for transportation during the exchanges, the receiving party shall provide the transportation. 6. Both parties shall be entitled to reasonable telephone access to Katherine while she is with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Katherine. 7. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Katherine or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 8. Both parties agree to immediately notify the other of any changes of address or telephone number. BY~QUR/-~' J. Distribution: lie A. 1'omeo, Es ., 155 South Hanover Street, Carl sle, PA 17013 Jessica Holst, Esq.~IidPenn Legal Services, 401 E, Lowther St., Carlisle, PA 17013 The parties agree that the above Agreement shall be entered into an Michel C. Wentling, Plain ' 155 South Hanover Carlisle, PA 17013 Kaaren A,~ ;` Defendant Jes~tic~ C.~. H2~lst, Esq. 1`QidPenn Legal Services. 401 East Louther Street Carlisle, PA 17013 ~uN $ 8 200 MICHAEL C. WENTLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA. V. : N0.2007-3154 CIVIL ACTION -LAW KAREN A. ODOM, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 27~' day of June, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~~1 _ V ac line M. Verney, Esquire, Cu dy Conciliator '~`1-~.1 ~ s'!~~~~``fi.~~~ ~i ~~ ~~ ~i~ ~~~~ ~~~~ 1~~t~i.u;'~~~-~.~.t.~ ~H.i. ~a ~~~.a~t~=ate