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Home My WebLink About07-6791 JOSEPH A. LAUCK Plaintiff V. ROCHELLE M. LAUCK Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. O"1' ` !.7 4j tut • ?, ?? COMPLAINT FOR CUSTODY AND NOW COMES, Joseph A. Lauck, Plaintiff, through his attorneys, the Law Offices of Leslie D. Jacobson, and avers the following-- 1. Joseph A. Lauck, Plaintiff, resides at 866 Cardinal Lane, Lewisberry, York County, Pennsylvania, 17339. 2. Rochelle M. Lauck, Defendant, resides at 303 16th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Tristian Joseph Lauck 303 16th Street 11 Years New Cumberland, PA 17070 Landyn Hunter Lauck 303 16th Street 5 Years, New Cumberland, PA 17070 3 Months Tristian J. Lauck was born 26 September 1996. Landyn H. Lauck was born 19 June 2002. The children are of legitimate birth. Children are presently in the custody of Defendant. During the past year, Plaintiff believes and therefore avers that Children have resided with the following persons and at the following addresses: Joseph A. Lauck 303 16th Street 10.06 - 08.07 Rochelle M. Lauck New Cumberland, PA 17070 Rochelle M. Lauck 303 16th Street 08.07 - Present New Cumberland, PA 17070 4. Plaintiff is the children's Father. Plaintiffs current address is with the following persons: NAME Joseph H.Lauck RELATIONSHIP Father 5. Defendant is children's mother. Defendant currently resides at 303 16th Street, New Cumberland, Cumberland County, Pennsylvania, 17070, with the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning children's custody in this or another court. Plaintiff has no information of a custody proceeding concerning children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who have physical custody of children or claims to have custody or visitation rights with respect to children. 7. The best interest and permanent welfare of children will be served by granting the relief requested because Plaintiff is able to provide a more stable and secure living environment for children. 8. Each parent whose parental rights to children have not been terminated and the person who has physical custody of 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 children 2 of 3 will be given notice of the pendency of this action and the right to intervene: None WHEREFORE, Plaintiff requests this Honorable Court to grant custody of children to him. Respectfully submitted, LAW OFFICES OF LESLIE D. JACOBSON DATED: //. D;'. Q5- By: Allen D. Moyer ID# 81846 Attorney for Plaintiff 8150 Derry Street Harrisburg, PA 17111-5260 717.909.5858 717.909.7788 [fax] 3 of 3 JOSEPH A. LAUCK Plaintiff V. ROCHELLE M. LAUCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. VERIFICATION . I, Joseph A. Lauck, do hereby verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. -?a Crl a ? 1 O'l _ { JOSEPH A. LAUCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROCHELLE M. LAUCK DEFENDANT 2007-6791 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 10, 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/ Dawn S. Sunda Es q. Custody Conciliator IV' 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 16 47 Co- £r-1/ VINVA IAGNN3d m o t^E? n`a 'a C7` k ?1 I Z •h Wd E I AON LODZ AHVIONCHIOUd 3Hi AO 30 1H DEC 17 2DD7M? JOSEPH A. LAUCK Plaintiff VS. ROCHELLE M. LAUCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6791 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this v day of 200_, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Joseph A. Lauck, and the Mother, Rochelle M. Lauck, shall have shared legal custody of Tristian J. Lauck, born September 26, 1996, and Landyn H. Lauck, born June 19, 2002. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday between 4:00 p.m. and 5:00 p.m., when the Father shall pick up the Children, through Sunday when the Mother shall pick up the Children after work. The alternating weekend schedule shall begin with the Father having custody of the Children on Friday, December 14, 2007. The Father may have additional periods of custody as arranged by agreement between the parties. 4. The parties shall share having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. Unless otherwise agreed between the parties, in every year, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 3:00 p.m. through Thanksgiving Day at 3:00 p.m., and Segment B, which shall run from Thanksgiving Day at 3:00 p.m. through the Friday following Thanksgiving at 3:00 p.m. Unless otherwise agreed, in every year the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. 5. The Mother may contact the conciliator within thirty (30) days of the date of this Order to schedule an additional custody conciliation conference to review the custodial arrangements, if necessary. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: llen D. Moyer, Esquire - Counsel for Father X0chelle M. Lauck, Mother i ?V iNVAIKSW d 11 {g r? .?,N {` 1r.? R'0.f Y? aJ + Z :11WV 61 330 LODZ AdVIGNOHiOl d 3?U --0 301--YO-031H JOSEPH A. LAUCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-6791 CIVIL ACTION LAW ROCHELLE M. LAUCK Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristian J. Lauck September 26, 1996 Mother Landyn H. Lauck June 19, 2002 Mother 2. A custody conciliation conference was held on December 10, 2007, with the following individuals in attendance: the Father, Joseph A. Lauck, with his counsel, Allen D. Moyer, Esquire. The Mother, Rochelle M. Lauck, did not attend the conference. 3. The Father represented at the conference that the parties have been in agreement that the Children would continue to primarily reside with the Mother with the Father having partial custody on alternating weekends and at other times to which they may agree. The Father indicated his willingness to reconvene the conference in the event the Mother felt that the arrangements required review. 4. Based upon the representations made by the Father at the conference and the fact that the Mother did not appear or contact the conciliator, the conciliator recommends an Order in the form as attached. It should be noted that the Mother may contact the conciliator within thirty (30) days to request the scheduling of an additional custody conciliation conference to review the custodial arrangements, if necessary. Uceir boa _-7 ? ann=??? Date Dawn S. Sunday, Esquire Custody Conciliator