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HomeMy WebLinkAbout04-0030 v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA C;,,:l ~~ BARBARA G. LATZ, Plaintiff . : NO. 04 -.36 CRAIG A LATZ, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, Barbara G. Latz, by and through her attorney, Nora F. Blair, Esquire, files this Complaint for Custody and in support thereof, avers as follows: 1. Plaintiff, Barbara G. Latz (hereinafter referred to as "Mother"), is an adult individual residing at 625 Herrin Lane, Enola, Pennsylvania. 2. Defendant, Craig A Latz (hereinafter referred to as "Father"), is an adult individual residing at 525 State Street, West Fairview, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the following minor child: NAME PR.F.SENT ADDRESS DATE OF BIRTH Alyssa Gayle Latz 625 Herrin Lane Enola, PA June 9, 1994 525 State Street West Fairview, PA 4. The child was born in wedlock. 5. The child is presently in the custody of Mother who resides at 625 Herrin Lane, Enola, Pennsylvania, and Father who resides at 525 State Street, West Fairview, Pennsylvania. 6. During the last five years, the minor child has resided with the following persons and at the following addresses: NAMES ADDRESSES DATES Mother 625 Herrin Lane 10-03 to Enola, PA Present Mother 306 Center Street 7-03 to 9-03 Russell Israel Enola, P A Gayle Israel Father 525 State Street 3-01 to West Fairview, PA Present Father 315 West Maple Street 2-01 to 3-01 Adolf Latz Palmyra, PA Betty Latz Mother (until 5-3-99) 5 Apple Street 11-96 to 2-01 Father Mt. Aetna, PA 7. The Mother of the minor child is Barbara G. Latz, residing at 625 Herrin Lane, Enola, Pennsylvania. Barbara G. Latz is not married. 8. The Father of the minor child is Craig A. Latz, currently residing at 525 State Street, West Fairview, Pennsylvania. Craig A. Latz is not married. 9. The relationship of Plaintiff to the minor child is that of Mother. 10. The Plaintiff currently resides with the following persons: NAME Alyssa Gayle Latz R.F.T ATIONSHIP Daughter 11. The relationship of Defendant to the minor child is that of Father. 12. The Defendant currently resides with the following persons: NAME Alyssa Gayle Latz R.F.T ATIONSHTP Daughter 13. Plaintiff and Defendant were the parties to a custody action in Berks County, Pennsylvania docketed at 2000-10941. A copy of the November 6, 2000, Order entered in that matter is attached hereto, marked Exhibit "A" and incorporated herein by reference. 14. The parties have never followed the November 6, 2000, Order. 15. Mother has had significantly more time with the minor child than is set forth in the November 6, 2000, Order. 16. Since Mother moved to Cumberland County in July, 2003, Mother has had the parties' minor daughter for significant amounts of time. 17. Mother is concerned about the safety ofthe minor child where (a) Father leaves the minor child alone while he goes out to get beer; (b) where Father has the minor child walk a half a mile to the Texaco station along major roadways (Routes 11/15) in West Fairviewto get Father an iced tea; (c) where there was a drug bust/robbery a few houses away from Father's residence; (d) where Father refuses to lock the doors to his residence whether he is there with the parties' daughter, the parties' daughter is there alone or no one is at home; and (e) where Father makes decisions that Mother does not believe are in the parties' daughter's best interest. 18. The minor child has not resided in Berks County since February, 2001. 19. Both parties and the minor child reside in Cumberland County. 20. The minor child attends school in Cumberland County. 21. The maternal grandparents who reside in Cumberland County provide child care for the minor child. 22. Plaintiff has no information of a custody proceeding concerning this minor child pending in a court of this Commonwealth or in another state or commonwealth, except as indicated above. 23. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child. 24. The best interest and permanent welfare of the minor child will be served by granting the relief requested because Plaintiff will provide a more nurturing and safe environment for the minor child. 25. Each parent whose parental rights to the minor child have not been terminated and the person who has physical custody of the minor child have been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court grant primary physical and legal custody of the minor child to Plaintiff with visitation to Defendant as the parties may agree. Res lly submitted, I 2. '3}- v J JN~~ Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 AJ (J ~ ~:2 f-.> ~ = tt- - , r;:":') 0 -- - " C> ~- --1 .~.1" ::r: _ . ...C rl1-~J ~ II) r- Vv I -,...m C.j :-y "-> () ("1 _ ~ :f'~ ~~ D ~ - .t::.. ~ lT1 --.0 c:) -ft . BARBARA G. LA TZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-30 CIVIL ACTION LAW CRAIG A_ LA TZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before. Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, February 10, 2004 , the conciliator, at 1:00 PM 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 auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl Melissa P. Greev.y. Esq. Custody Conc:iliator l/ 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 TInS PAPER TO YOUR ATTORNEY A I' 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 . ~-p '$ PfJ"~-M~~ #}/JJI; - ~ % ~p:IM'~?( ~r;7~/'1 ~ P ~ ~ 4;7'~ .pc?///I \I}!\lrll . ) l ~\t'"':';:!IVJ''' iA8i\'t-r:_:".-1 ',. ! ,i ;! ,<-F',""; ,!:~:~:5j/VilO 9fJ :ZI Wd ry I NVr ~oaz 1)J1Ji ()~'I("'I ' " ',CJ'.vl'V1JOCld :!ul '0 ''''I ,. ~n OJ Clv 3:/0-0.'311::1 BARBARA G. LATZ, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-30 Civil Tenn CRAIG A LATZ, Defendant : CIVIL ACTION - CUSTODY ACCEPI'ANCE OF SERVICE I, Diane S. Baker, Esquire, am the Attorney for the Defendant, Craig A Latz, in the above-captioned matter. In that capacity, I am authorized to and have i/L1 accepted service of the Complaint for Custody, as of this the J day of /\M va) , 2004. ) /./ //~.-~ \ .,' ,,/' ,I.," /_~ i /. - \I' /"" , // <1~ ( ~i \ - S~Baker, Esquire Attorney for Defendant o .~. '"""tJ i~i:; P)L:.; 61~~.~ -'~ '..;:. ~~T::_~ ~'C) ):"',;:: . /" ..., =<: ..., = ~ <- :> z C) ,,-n :~ I-n n,p -n rn :iJe;:' 00 =t~i ~~(. .'"",. 5.~ -<. tJ1 -0 :x r:-:' N +" v FEB 1 8 2004 ~ BARBARA G. LATZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-30 CIVIL TERM v. CRAIG A. LATZ, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of February, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. Barbara G. Latz and Craig A. Latz shall have shared legal custody of the minor child, Alyssa Gayle Latz, born June 9, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parties will consult with each other regarding enrolling and scheduling the child in additional extracurricular activities. 2. Phvsical Custodv. Unless otherwise agreed, the parties parenting schedule will be arranged in accordance with the following: Weekends: A. Week One, commencing February 13, 2004, Mother will have custody from Friday at 6:00 p.m. until Saturday at 6:00 p.m. B. During Week Two, Mother will have custody from Friday at 6:00 p.m. until Sunday at 6:00 p.m. C. During Week Three, Mother will have custody from Friday at 6:00 p.m. until Saturday at 6:00 p.m. D. Mother will have custody each Wednesday overnight until the child returns to school or day care and each Monday until the following >-: ~ I-::::: w;':;; 0'- -0 t~_ :r: t__I"_ ~o 0: ---,... UJ . _JUJ LJ-..c F- u.. o -- ;:=t: ?:: ~2S ':2 C") C'" "" W u.. ..:r = = C-..1 NO. 04-30 CIVIL TERM Tuesday with the exception of the Monday following her full custodial weekend, which occurs during Week Two. At those times when Mother does not have custody, Father will have custody. 3. In the event that Father has to work or'is otherwise unavailable during his custodial period, Father shall first make a reasonable effort to contact Mother to offer Mother the opportunity to provide care for the child before contacting a third party. 4. Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody for purposes of vacation subject to thirty (30) days notice to the other parent. In the event that the parties have inadvertently scheduled overlapping vacations, the parent first providing written notice shall have choice of the vacation time. 5. Holidavs. The following holiday schedule shall take precedence over the regular schedule: A. Thanksaivina. Mother will have custody from Wednesday after school until 3:00 p.m. Thanksgiving Day. Father will have custody for Thanksgiving commencing at 3:00 p.m. on Thanksgiving Day. B. Christmas. Mother will have custody each year on Christmas Eve until 8:00 p.m. and from 10:00 a.m. to 4:00 p.m. on Christmas Day. Father will have custody on Christmas Day commencing at 4:00 p.m. The parties have the tradition of allowing the child to choose which home she wishes to stay on Christmas Eve. C. New Year's Eve. Mother will have custody on New Year's Eve until 3:00 p.m. New Year's Day. Father shall have custody commencing at 3:00 p.m. on New Year's Day. D. Mother's Dav / Father's Dav. Mother will have custody for Mother's Day and for Father's Day, unless otherwise agreed. E. Easter. Mother will have custody on Easter until 3:00 p.m. Father has custody on Easter commencing at 3:00 p.m. F. agree. Child's Birthdav. The child's birthday will be shared as the parties NO. 04-30 CIVIL TERM G. Memorial Dav / Labor Dav. Mother will have custody for Memorial Day and Labor Day. BY THE COURT: J. Dis!: ~ F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 /DianeS. Baker, Esquire, P.O. Box 6443, Harrisburg, PA 17112 " ~; ~~) O~.23.6~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-30 CIVIL TERM BARBARA G. LATZ, v. CIVIL ACTION - LAW CRAIG A. LATZ, IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Alyssa Gayle Latz June 9, 1994 Father 2. Mother filed a Complaint for Custody on January 5, 2004. The last Order entered in this matter was entered in Berks County on November 6, 2000. The parties have subsequently relocated. Accordingly, with both parties and the child residing in Cumberland County, venue is proper. Attending the conference were: the Mother, Barbara G. Latz, and her counsel, Nora F. Blair, Esquire; the Father, Craig A. Latz, and his counsel, Diane S. Baker, Esquire. 3. The parties reached an agreement in the fO(1an .order as attached. cJ/b~O( Litdmf'~ Date Melissa Peel Greevy, squire Custody Conciliator :224251 'BARBARA G. LATZ, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-30 Civil Term CRAIG A. LATZ, Defendant : CIVIL ACTION -- CUSTODY STIPULATION FOR CUSTODY The parties hereto, the parents of one minor child, having reached agreement with regards to the best interest and welfare of their minor child, hereby stipulate and agree as follows: 1. The parties agree to share joint legal custody of the parties' minor child, Alyssa Gayle Latz, born June 9, 1994. The parties agree that major decisions concerning their minor child, including, but not necessarily limited to, the child'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 the child's best interest. Each party agrees not to impair the other party's right to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the minor child from the other party. Each party agrees to notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. The parties agree that day-to-day decisions shall be the responsi bili ty of the parent then having physical custody. With regard to emergency decisions which must be made, the parties agree that the parent having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parties further agree that the parent making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. The parties agree that each party shall be entitled to complete and full information from any doctor, dentist, teacher, other professional or authority and to have copies of any reports given to either party as a parent. 2. The parties agree to share physical custody of the parties' minor child by alternating custody every two days. This schedule began with Barbara G. Latz (hereinafter referred to as "Mother") having custody overnight on September 2 and 3, 2005, and Craig A. Latz (hereinafter referred to as "Father") having custody overnight on September 4 and 5, 2005. 3. The parties agree that Mother shall have custody on Mother's Day and Father's Day each year from 9:00 a.m. to 3:00 p.m. 4. The parties agree that in the event that either parent must work or is otherwise unavailable during their custodial period for a period in excess of three (3) hours, that parent shall first make a reasonable effort to contact the other parent to offer the other parent the opportunity to provide care for the parties' minor daughter before contacting a third party. 5. The parties agree to the following schedule for holidays: A. New Years Eve at 6:00 p.m. to 3:00 p.m. on New Years Day with Mother each year and New Years Day at 3:00 p.m. to 9:00 a.m. on January 2 with Father each year. B. Easter Sunday from 9:00 a.m. to 3:00 p.m. Sunday with Mother each year and from 3:00 p.m. Easter Sunday each year to 9:00 a.m. Easter Monday with Father each year; C. Child's birthday (June 9) shall be shared by the parties as they agree; D. Memorial Day, Fourth of July and Labor Day from 9:00 a.m. 3:00 p.m. with Mother each year and from 3:00 p.m. on the holiday to 9:00 a.m. the next day with Father each year; E. Thanksgiving from Wednesday after school to Thanksgiving Day at 3:00 p.m. with Mother each year and from 3:00 p.m. on Thanksgiving Day to 9:00 a.m. on Friday after Thanksgiving with Father each year; and F. Christmas Eve from 9:00 a.m. to 8:00 p.m. and Christmas Day from 10:00 a.m. to 4:00 p.m. with Mother each year; and 8:00 p.m. on Christmas Eve to 10:00 a.m. on Christmas Day and Christmas Day at 4:00 p.m. to 9:00 a.m. on December 26 with Father each year. 6. The parties agree that the holiday schedule shall take precedence over the regular custody schedule. 7. The parties agree that if the holiday schedule results in one of the parties losing an overnight with their daughter, said time shall be made up within one week of the holiday either before or after the holiday. 8. The parties agree that each party shall be entitled to have the minor child for two weeks of uninterrupted time each year. The parent wishing to take the time shall provide the other parent at least thirty (30) days written notice of the dates for the time with the minor child. First notice takes priority. 9. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. IN WITNESS WHEREOF, the parties hereto and their respective counsel have entered into this Stipulation on the dates indicated. ~~~ / ~~ Witness ~ )j rRnt 11-2-0(p BARBARA G. ~ Dated: (") c:. <'" \Ji"'o n-1{n ~~: ~~~~. ~'~',- ~;,~~, L._ L) 5?c: ~ ~ c:::;:) ~ -T1 rt1 o;:J o ." ~~ ~~ :!1.=H Qo (5m -I ~ U\ ~ <:? &- ~ v FEB 16 2007 ~ Nora F. BI:<ir, Esquire Attorney for Barbara G. Latz 5440 Jonestown Road PO Box 6216 Harrisburg, P A 17112-0216 (717) 541-1428 BARBARA G. LATZ, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-30 Civil Term CRAIG A. LATZ, Defendant : CIVIL ACTION -- CUSTODY ORDER AND NOW this I~fl day of F et, . z-cc? ,2SU6, after review of the attached Stipulation for Custody, it is hereby ORDERED AND DECREED as follows: 1. The parties shall sharejoint legal custody of the parties' minor child, Alyssa Gayle Latz, born June 9, 1994. Major decisions concerning their minor child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by themjointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall not impair the other party's right to shared legal custody of the minor child. The parties shall not attempt to alienate the affections of the minor child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably f,r1 t~t } f. ~ ~' ~ - ~~ ~ ~ 'v'IN\! ^-lASNN3d i I "lnn.....; n[ ',,""H-::aIMrv',\ I'\.U', ,'''..' '."...' -,. ".,_~(-JY" tV ~s :8 Wd O~ 81:HOOl AHV10NOH.LO'dd 3H1 :10 301:H0-G31l:l 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 emergency decisions which must be made, the parent having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, other professional or authority and to have copies of any reports given to either party as a parent. 2. The parties shall share physical custody of the parties' minor child by alternating custody every two days. This schedule began with Barbara G. Latz (hereinafter referred to as "Mother") having custody overnight on September 2 and 3, 2005, and Craig A. Latz (hereinafter referred to as "Father") having custody overnight on September 4 and 5,2005. 3. Mother shall have custody on Mother's Day and Father's Day each year from 9:00 a.m. to 3:00 p.m. 4. In the event that either parent must work oris otherwise unavailable during their custodial period for a period in excess of three (3) hours, that parent shall first make a reasonable effort to contact the other parent to offer the other parent the opportunity to provide care for the parties' minor daughter before contacting a third party. 5. The following schedule for holidays shall be followed unless the parties otherwise jointly agree: A. New Years Eve at 6:00 p.m. to 3:00 p.m. on New Years Day with Mother each year and New Years Day at 3:00 p.m. to 9:00 a.m. on January 2 with Father each year. B. Easter Sunday from 9:00 a.m. to 3:00 p.m. Sunday with Mother each year and from 3:00 p.m. Easter Sunday each year to 9:00 a.m. Easter Monday with Father each year; C. Child's birthday (June 9) shall be shared by the parties as they agree; D. Memorial Day, Fourth of July and Labor Day from 9:00 a.m. 3:00 p.m. with Mother each year and from 3:00 p.m. on the holiday to 9:00 a.m. the next day with Father each year; E. Thanksgiving from Wednesday after school to Thanksgiving Day at 3:00 p.m. with Mother each year and from 3:00 p.m. on Thanksgiving Day to 9:00 a.m. on Friday after Thanksgiving with Father each year; and F. Christmas Eve from 9:00 a.m. to 8:00 p.m. and Christmas Day from 10:00 a.m. to 4:00 p.m. with Mother each year; and 8:00 p.m. on Christmas Eve to 10:00 a.m. on Christmas Day and Christmas Day at 4:00 p.m. to 9:00 a.m. on December 26 with Father each year. 6. The holiday schedule shall take precedence over the regular custody schedule. 7. If the holiday schedule results in one of the parties losing an overnight with their daughter, said time shall be made up within one week of the holiday either before or after the holiday. 8. Each party shall be entitled to have the minor child for two weeks of uninterrupted time each year. The parent wishing to take the time shall provide the other parent at least thirty (30) days written notice of the dates for the time with the minor child. First notice takes priority. J.