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HomeMy WebLinkAbout03-5201BENEDICT TODT, Plaintiff V. TAMI LYNN FAJKUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 5-201 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Benedict Todt, an adult individual currently residing at 826 Torway Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Tami Lynn Fajkus, an adult individual currently residing at 108B North Main Street, Bendersville, Adams County, Pennsylvania 17306. 3. The Plaintiff is the natural father of the child, Christopher M. Todt, born September 1, 1992. 4. The child was born in wedlock. 5. For the past five years, the child have resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Benedict Todt 826 Torway Road December 26, 2001 to Darla Todt Gardners, PA present 6. The natural mother of the child is the Defendant, who resides as foresaid. She is divorced. 7. The natural father of the child is the Plaintiff, who resides as foresaid. He is married. 8. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his wife, Darla, and the child at issue. 9. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the parties' other child, Danny Todt, born December 14, 1993, age 9 years. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Benedict Todt, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: September 19, 2003 T /as . Diehl, Esqu' e Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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 unswom falsification to authorities. BENEDICT TODT, Plaintiff 1 ?V `W V, o? `V^ V O IL Q ,V^ Y J S 2 1 , ? { U G BENEDICT TODT IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5201 CIVIL ACTION LAW TAMI LYNN FAJKUS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 08, 2003 , upon consideration of the attached Complaint, it is hereby directed that parries and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 30, 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 prior to scheduled hearing. FOR THE COURT, By: _/s/ Hubert X ilrol! 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 ?h e?r.?n??tsvey?d an? Rs q NOV)ew2003 BENEDICT TODT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TAMI LYNN FAJKUS, : NO. 2003 - 5201 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this /B` day of November, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Benedict Todt, shall enjoy legal and physical custody of Christopher M. Todt, born September 1, 1992. 2. The Mother, Tami Lynn Fajkus, shall enjoy periods of temporary physical custody with the minor child at such times as agreed upon by the parties. 3. In the event Mother desires a more specific time of temporary custody or Mother desires any other modifications of this Order, Mother may petition the court to have this case again scheduled with the conciliator. 4. Counsel for the Father shall make arrangements to have a copy of this order and the accompanying Custody Conciliation Report served on the Mother. BY THE COURT', / J. cc: Vf'homas S. Diehl, Esquire 0p v4ami Lynn Fajkus t - 108B North Main Street Bendersville, PA 17306 \±NVmt',sNfd cii,k,, BENEDICT TODT, Plaintiff v TAMI LYNN FAJKUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 5201 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 child who is the subject of this litigation is as follows: Christopher M. Todt, born September 1, 1992. 2. A Conciliation Conference was held on October 30, 2003, with the following individuals in attendance: The Father, Benedict Todt, with his counsel, Thomas S. Diehl, Esquire. 3. Attorney Diehl related to the conciliator that there may be an issue as to whether the Mother received notice of the custody conciliation conference. There were 2 attempted deliveries with the letters being returned. However, Attorney Diehl also indicated that the Father has custody of the minor child in question and has had custody over the past few years. Mother enjoys some periods of temporary visitation with the child pursuant to an agreement reached by the parties. 4. In light of those representations, the conciliator recommends the entry of an order in the form as attached. X11-11 03 DATE Hubert X. Gilroy squire Custody Conci ' for NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT BENEDICT TODT, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TAMI LYNN FAJKUS (NOW TAMIKA LYNN FAJKUS), : NO. 2003 - 5201 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Tamika Lynn Fajkus, by her attorney, Nathan C. Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The defendant/petitioner is Tamika Lynn Fajkus, an adult individual residing at 910 Cypress Station Road, Houston, Texas, 77090. (The petitioner's name was legally changed by Order of Court of Franklin County issued in 2003). 2. The plaintiff/respondent is Benedict Todt, an adult individual with a mailing address of 828 Torway Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. The parties are the natural parents of one minor child who is the subject of this custody action, namely- la= Christopher M. Todt Ap 828 Torway Road Gardners, PA 17324 14 years DOB 9/1/1992 4. The child is presently the subject of Order for Custody issued November 18, 2003, which was issued following a conciliation conference of which Mother received no notice of the same because Mother was residing in Peadand, Texas. Said order provided for Mother to have temporary physical custody of the child at such times as agreed upon by the parties. A true and correct copy of the orders is attached hereto as Exhibit A. 5. Mother was without notice of the action or the order issued until March 2007 when Mother came to Pennsylvania to attend her mother's funeral. Mother attempted to contact Father to attempt to have the child accompany her to the funeral and was refused. On prior attempts to see the child or contact the child, Mother was refused all access and contact with the child. Because Mother had limited financial resources, Mother was unable to litigate this matter prior to the filing of the instant petition. 6. Father has and continues to refuse to allow Mother to have access to the child and Mother believes that the child's best interests and permanent welfare would be served by the entry of an order which would ensure that the child begins to have contact again with his mother, without Father's interference. 7. Father likewise withholds any information as to the child's health, welfare and overall development. 8. On one occasion, Mother attempted to see the child at his school but the school refused Mother access to the child and explained that Father had informed the administration that Mother was deceased. 9. Mother believes that the child's best interests and permanent welfare would likewise be served by granting her the ability to ensure that the child is reunified with close family members who continue to reside in the Cumberland County area, while she is still in Texas and to permit Mother to have periods of partial custody in Pennsylvania initially with periods of custody in Texas once the child has reestablished his relationship with his mother. 10. Mother believes that a reestablished relationship with Mother would benefit the child and ensure that he is permitted to have close ties with his family that lives locally. 11. Mother believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. 12. The Honorable Kevin A. Hess issued the prior order in this case. 13. Plaintiff's counsel of record was Thomas S. Diehl, Esquire. Upon information and belief and as a result of undersigned's efforts to locate Attorney Diehl, it is averred that Attorney Diehl is no longer in private practice, and therefore concurrence in the foregoing motion was not obtained. 14. Mother requests that she be permitted to participate in any scheduled conciliation conference by telephone as she is returning to Texas on July 7, 2007. WHEREFORE, defendant, Tamika Lynn Fajkus, prays this Honorable Court enter an Order granting the relief requested herein granting the special relief requested herein, namely confirming primary physical custody of the child to Father with rights to regular contact, visitation and partial custody provided to Mother, along with any other relief the Court deems appropriate. Dated: July G , 2007 Nath W squire 10 We Hig treet Carlis e, 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. July 2007 Ta ika Lynn Fa' s NOV(J?B'2003 BENEDICT TODT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TAMI LYNN FAJKUS, : NO. 2003 - 5201 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this / 8 ` day of November, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Benedict Todt, shall enjoy legal and physical custody of Christopher M. Todt, born September 1, 1992. 2. The Mother, Tami Lynn Fajkus, shall enjoy periods of temporary physical custody with the minor child at such times as agreed upon by the parties. 3. In the event Mother desires a more specific time of temporary custody or Mother desires any other modifications of this Order, Mother may petition the court to have this case again scheduled with the conciliator. 4. Counsel for the Father shall make arrangements to have a copy of this order and the accompanying Custody Conciliation Report served on the Mother. BY THE COURT, J. cc: 0homas S. Diehl, Esquire Aami Lynn Fajkus > ' 108B North Main Street Bendersville, PA 17306 la •18'43 4440T,-A +9 Yroi;co Eby 6 c " ??.a ?.. ?r' y e f, I here urde set cry ; "?w Of said Cou"" Carte, Pa. BENEDICT TODT, Plaintiff v TAMI LYNN FAJKUS, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 5201 CIVIL IN CUSTODY 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 child who is the subject of this litigation is as follows: Christopher M. Todt, born September 1, 1992. 2. A Conciliation Conference was held on October 30, 2003, with the following individuals in attendance: The Father, Benedict Todt, with his counsel, Thomas S. Diehl, Esquire. 3. Attorney Diehl related to the conciliator that there may be an issue as to whether the Mother received notice of the custody conciliation conference. There were 2 attempted deliveries with the letters being returned. However, Attorney Diehl also indicated that the Father has custody of the minor child in question and has had custody over the past few years. Mother enjoys some periods of temporary visitation with the child pursuant to an agreement reached by the parties. 4. In light of those representations, the conciliator recommends the entry of an order in the form as attached. /1(-ll 03 DATE Hubert X. Custody C NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT BENEDICT TODT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMI LYNN FAJKUS (NOW TAMIKA LYNN FAJKUS), : NO. 2003 - 5201 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Pearson for Modification upon the following person, by United States Mail, addressed as follows: Benedict Todt 828 Torway Road Gardners, PA 17324 Date: July __?, 2007 Respectfully WOLF " Esquire West Street Car A 17013 717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant •r P 000, OCS O i ?1 BENEDICT TODT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5201 CIVIL ACTION LAW TAMI LYNN FAJKUS, NOW TAMIKA LYNN FAJKUS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 03, 2007 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 prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es T. 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 L I c . wv c I in Luz ?A JO JUL 3 0 Zuua BENEDICT TODT, Plaintiff v TAMI LYNN FAJKUS, NOW TAMIKA LYNN FAJKUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5201 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of July, 2008, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. ;. Gilroy, Esquire Conciliator T ,, . T; -,