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HomeMy WebLinkAbout03-4082 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE DAWN M, ROTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003- 40 l':l.. ~ Tv-- Plaintiff v. MICHAEL J. MOODY, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILDREN Plaintiff Dawn M, Rotz, by her attorneys, Snelbaker, Brenneman & Spare, P. C" hereby avers the following: I, Plaintiff Dawn M. Rotz is an adult individual residing at III June Drive, Camp Hill, Pennsylvania, 17011, 2. Defendant Michael J. Moody is an adult individual residing at 231 W. Dauphin Street, Enola, Pennsylvania, 17025, 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Desire J. Moody 111 June Drive Camp Hill, P A 17011 7 Trenton J. Moody III June Drive Camp Hill, PA 17011 4 The children named above named were born out of wedlock. The children named above are presently in the custody of Plaintiff at her residence as indicated in Paragraph I, above, 4. During the last five (5) years, the children subject to this custody action resided with LAW OFFICES SNELBAKER. BRENNEMAN & SPARE the following persons and at the following addresses: PERSONS ADDRESSES Plaintiff, Beverly Brockwell Carlisle Plaintiff, Defendant Shiremanstown and Mechanicsburg Plaintiff, Plaintiffs parents, Debra and Donald Rotz 14 Annendale Drive, Carlisle Plaintiff 27 West Baltimore Street Apartment 2, Carlisle Plaintiff III June Drive Camp Hill, PA 17011 DATES 1996 - 1997 1997 to October 2000 October 2000 to July 200 I July 2001 to November 2002 November 2002 to present The mother of the children is Plaintiff Dawn M, Rotz, who is currently residing at the address indicated in Paragraph I, above, She is not married to Defendant. The father of the children is Defendant Michael J, Moody, who is currently residing at the address indicated in Paragraph 2, above, He is not married to Plaintiff. 5. The relationship of Plaintiffto the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Desire J. Moody Trenton J. Moody Daughter Son 6. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Mrs. Moody Defendant's mother -2- 7. Plaintiff has not participated as a party in other litigation that involved custody of the parties' children. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting primary physical custody to Plaintiff because Plaintiff has and can provide a clean, safe and emotionally stable home and environment for the children. Plaintiff has been the primary caretaker of the children since the children's births. If any physical custody is given to the Defendant, it should be under the supervision of a competent adult, 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Dawn M. Rotz requests this Court to grant her primary physical custody of her children, Desire], Moody and Trenton], Moody. SNELBAKER, BRENNEMAN & SPARE, p, C, I~ Date: August 19, 2003 By: Keith 0, Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Dawn M. Rotz LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -3- LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, DJJ1. Rotz Dffie: August 19, 2003 DAWN M. ROTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 03-4082 CIVIL ACTION LAW MICHAEL J, MOODY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 25, 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 County Courthouse, Carlisle on Friday, September 12, 2003 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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: Isl Hubert X. GilrQY. Esq. Custody Conciliator t.. The Court of Common Pleas of Cumberland County is required hy 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 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 .~ ~-# .~~~ f"oq-.3 . ~;t ~ ~ [(J.(.(".,$ ~ p,~ /p'z.,~;" ~.n 8/'(.e'J3. V1N11Al).,SNN3d .J..lNno8 ()rT7'"1!::f:;fjlf'lna i::; : 1111" f:J '''/''1 cn ~ ... c.. vi tJ (.,,\./ ).,!:J"'Ui\,. ...' ", , , " , V.i.. _~ h...., ".o:.\""..d,~j. 'ci,. .:10 :fOJd:JO""':"J3i,l-r >{/ SEP 2 6 Z003 \j DAWN M. ROTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 2003 - 4082 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2.. t. ~ day of September, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Dawn M. Rotz, and the Father, Michael J. Moody, shall enjoy shared legal custody of Desire J. Moody, born November 24, 1995; and Trenton J. Moody, born March 15, 1999. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary custody of the minor children as follows: A. On alternating weekends. Until such time as Father has completed parenting classes as discussed at the custody conciliation conference, Father's alternating weekends shall be during the day from 9:00 a.m. until 8:00 p.m. Once Father completes parenting classes, Father's alternating weekend shall be from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. B. Father shall also enjoy temporary custody of the minor children at such other times as agreed upon by the parties with the understanding that the parties will work with each other relative to hOliday and birthday issues. 4. Father shall ensure when he has overnight custody of the minor children that each child shall have a separate bed available for the children to sleep. 5. This is a shared custody arrangement that anticipates that both parents will share with the other parent all information relating to the children's health, education and welfare. Additionally, the non-custodial parent shall enjoy reasonable telephone contact with the minor children. ~ tt t p~f :-- c.;~ ~~. ) c, 6. The parties may modify this custody arrangement as they agree. However, absent an agreement, the custody order set forth above shall control. 7. 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 a custody conciliation conference. BY THE COURT, /J~J. -~ cc: Keith O. Brenneman, Esquire Michael J. Moody 231 West Dauphin Street Enola, P A 17025 .~ /I"YUL:.&..et 9- ,;N- 0-3 ~ DAWN M. ROTZ, Plaintiff IN THE COLRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 2003 - 4082 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Desire J. Moody, born November 24, 1995; and Trenton J. Moody, born March 15, 1999. 2. A Conciliation Conference was held on September 12, 2003, with the following individuals in attendance: The Mother, Diane M. Rotz, with her counsel, Keith O. Brenneman, Esquire; and the Father, Michael J. MOOdy, who appeared without counsel. 3. The parties agree to the entry of an order in the fonn as attached. '1/:J;J.( 0 ~ DATE QU6J/ Hubert X. Gilroy, Esq Custody Conciliator { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. ROTZ, Respondenf v. CIVIL ACTION - LAW IN CUSTODY MICHAEL J. MOODY, Petitioner NO. 03-4082 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. IF YOU DO NOT HAVE ALA WYER 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 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usfed qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de p1azo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted, LLEVE EST A DEMANDAA UN ABOGADO IMMEDIA T AMENTE, SINO TIENE ABOGADO OSINOTIENEELDINERO SOFICIENTEDE PAGAR TALSERVICO, VA Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ean M. Shult squire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M, ROTZ, Respondent v. CNIL ACTION - LAW IN CUSTODY MICHAEL J. MOODY, Petitioner NO. 03-4082 PETITION TO MODIFY CUSTODY AND NOW, this ~ day ofJune, 2005, comes the Petitioner, Michael J. Moody, by and through his attorneys, Knight & Associates, P ,C., and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Michael J. Moody, an adult individual residing at 1 Jeffrey Road, Mechanicsburg, Pennsylvania 17050. 2. The Respondent is Dawn M. Rotz, an adult individual residing at 111 June Drive, Camp Hill, Pennsylvania 17011. 3. Petitioner seeks a modification of the Order of Court dated September 26, 2003, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "A." 4, The Parties are the natural parents of the following minor children: Name Present Residence Age Desire J. Moody Trent J. Moody 111 June Drive, Camp Hill, Pennsylvania 111 June Drive, Camp Hill, Pennsylvania 9 6 Said children were born out of wedlock. The children are presently in the physical custody of the Respondent. In addition to Petitioner's and Respondent's present addresses, during fhe past five years, the children have resided with the following persons at the following addresses: a. From 2000 until December 2002 with the parties af 613b Geneva Drive, Mechanicsburg, Pennsylvania; and b. From December 2002 until late 2003 with Respondent and her parents, Don and Debbie Rotz, at Longview Drive, Carlisle. The mother of the children is the Respondent, Dawn M. Rotz, who resides at II I June Drive, Camp Hill, Pennsylvania.. The father ofthe children is the Petitioner, Michael J. Moody, who resides at 1 Jeffrey Road, Mechanicsburg, Pennsylvania 17050. 5. The relationship of Petitioner to the children is that offather. He is unmarried and currently resides with his grandparents, Joseph and Jeanine Ponchock. 6. The relationship ofthe Respondenf to the children is fhat of mother, She is unmarried and currently resides with the children and her boyfriend, Jason Masse. 7, The Petitioner has previously participated in litigation concerning custody of the above-named children in this Court at the above-referenced docket, An Order of Court was entered on September 26,2003, Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit "A" and by reference incorporated herein. The Petitioner has no knowledge of any custody proceedings concerning the custody of the children pending before this or any other Court, The Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitafion rights with respect to the children. 8. Petitioner requests the following changes be made to the September 26, 2003 Custody Order: a) Petifioner requests periods of partial custody of said minor children. Though periods of partial custody are outlined in the current Order of Court, Respondent has refused Petitioner access to the children during fhose periods. 9, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. 10, The best interests and permanent welfare of the children will be met if the custody order is modified as requested because: a) The Petitioner is a fit parent who can take care ofthe children; b) The Petitioner can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the childrens' needs; c) The Petitioner is, and has always been, willing to accept partial custody ofthe children; and WHEREFORE, the Petitioner respectfully requests Your Honorable Court modifY the Custody Order dated September 26, 2003 as requested. Respectfully submitted, Sean M. Sh tz, squire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner F:\User Folder\FirnI D~s\GenC\)cs20\.1S\3n5-1 pet,modify,custodywpd ---- 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. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: Le I & ~ 0 5 Exhibit "A" 1./ , '. , SEP 2 6 2003 ~ DAWN M. ROTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 2003 - 4082 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2-1." day of September, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Dawn M. Rotz, and the Father, Michael J. Moody, shall enjoy shared legal custody of Desire J. Moody, born November 24, 1995; and Trenton J. Moody, born March 15, 1999. 2. The Mother shan enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary custody of the minor children as follows: A. On alternating weekends. Until such time as Father has completed parenting classes as discussed at the custody conciliation conference, Father's alternating weekends shall be during the day from 9:00 a.m. until 8:00 p.m. Once Father completes parenting classes, Father's alternating weekend shall be from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. B. Father shall also enjoy temporary custody of the minor children at such other times as agreed upon by the parties with the understanding that the parties will work with each other relative to holiday and birthday issues. 4. Father shall ensure when he has overnight custody of the minor children that each child shall have a separate bed available for the children to sleep. 5. This is a shared custody arrangement that anticipates that both parents will share with the other parent an information relating to the children's health, education and welfare. Additionally, the non-custodial parent shall enjoy reasonable telephone contact with the minor children. L 6. The parties may modify this custody arrangement as they agree. However, absent an agreement, the custody order set forth above shall control. 7. 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 a custody conciliation conference. -~ BY THE COURT, J. cc: Keith O. Brenneman, Esquire Michael J. Moody 231 West Dauphin Street Enola, P A 17025 , .. _ ~L' 9.;zC)-(>.3 .~~- CJ-, TRUE COPV Fn01'"l m:c-"1RO In Tes:.irnCDY "'!f';~:~>JJ '~';-~';'B unto s:rt j '7>~ ~;?~;~~b?;j~v, .' . DAWN M. ROTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 2003 - 4082 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Desire J. Moody, born November 24,1995; and Trenton J. Moody, born March 15, 1999. 2. A Conciliation Conference was held on September 12, 2003, '\lith the following individuals in attendance: The Mother, Diane M. Rotz, with her counsel, Keith O. Brenneman, Esquire; and the Father, Michael J. Moody, who appeared without counsel. 3, The parties agree to the entry of an order in the form as attached. '112;).(05 DATE Hubert X. Gilroy, Esq Custody Conciliator (.) ~ }:) l' \) ~ ~ ~ - - ~ \' - ~ VI cJl C> ~ ~ r t/1 ':::;- ~- ,< < .-(:-c ):. c. :c:1 ...(, .-.' ~S .;.;...n ~ .-\ :J:""t] <-,,:,: flltn fu ::~"b : (~1~~ ::r.. ,::-(n ':.-,?, t.:? !-s - :< <.1\ - 1RECEIVED SEP 232005 ~\ DAWN M. ROTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 03-4082 IN CUSTODY COURT ORDER AND NOW, this 2S~ day of September, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's Order of September 26, 2003 is vacated and replaced with the following Order: 1. The mother, Dawn M. Rotz, and the father, Michael J. Moody, shall enjoy shared legal custody of Desire J. Moody, born November 24, 1995 and Trent J. Moody, born March 15, 1999. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods oftemporary custody ofthe minor children as follows: a. On alternating weekends commencing September 17, 2005. For the first alternating weekend, it shall be two hours on Saturday and Sunday, the second one shall be three hours, the third shall be four hours and the fourth alternating weekend shall be five hours. Assuming father has provided adequate documeutation to mother's lawyer verifying that he has completed parenting classes and assuming father has also been able to verify that he has appropriate sleeping accommodations for the children, on the fifth alternating weekend father's time shall expand to Saturday at 9:00 a.m. until Sunday at 6:00 p.m. That shall continue for two weekends with the seventh weekend then starting a regular schedule of Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. :.:,! :;,"'.)[IJ AU'.;;'>:>"", 9S : I Hd 82 dJS SDul IU"'I"ii'."H':(",",." :JU: .10 r"\u'i_V'\'vIJ. "'....u ..,jn.J...::l: 3Ql:BO--03l!j b. Father shall also enjoy temporary custody of the minor children at such other times as agreed upon by the parties with the understanding that the parties will work with each other relative to holiday and birthday issues. 4. Father shall insure when he has overnight custody of the minor children that each child has a separate bed available for the children to sleep. 5. For transportation for exchange of custody, father shall insure that he has an adequate child car seat for the younger child and shall also transport the children in the rear of his vehicle. 6. This is a shared custody arrangement that anticipates both parents will share with the other parent all information relating to the children's health, education and welfare. 7. The non-custodial parent shall enjoy reasonable telephone contact with the minor children when they are with the other parent. 8. This Ordered is entered pursuant to an agreement reached by the parties at a Custody Conciliation. In the event either party desires to modify this Order and cannot reach an agreement with the other parent, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. BY THE COURT, c~ean M. Shultz, Esquire ,-Reith O. Brenneman, Esquire ~ DAWN M. ROTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL J. MOODY, Defendant NO. 03-4082 IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Desire J. Moody, born November 24, 1995 and Trent J. Moody, born March 15, 1999. 2. A Conciliation Conference was held on September 9, 2005, with the following individuals in attendance: The mother, Dawn M. Rotz, with her counsel, Keith O. Brenneman, Esquire, and the father, Michael J. Moody, with his counsel, Sean M. Shultz, Esquire. 3. The parties agree to the entry of an Order in the form as attached. 4-62)-!) S DATE ~~-- Custody Conciliator