Loading...
HomeMy WebLinkAbout04-0690NAOMI WOLFORD, VS, TODD W, LENTZ, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, NAOMI WOLFORD, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is NAOMI WOLFORD, an adult individual who resides at 409 Criswell Drive in Boiling Springs, Pennsylvania. 2. The Defendant is TODD W. LENTZ, an adult individual who resides at 3§0 Chestnut Street in Sunbury, Pennsylvania. 3. The Plaintiff and Defendant were never married. 4. The Plaintiff and Defendant are the parents of one minor child, Tristan Edward Wolford, age 4, born 30 July 1999, who is the subject of this Complaint. 5. The parties in this action were parties to a custody action filed by Todd W. Lentz before the Court of Common Pleas for the 17th Judicial District, Union County Branch, in July of 2001. In that action, an order was entered granting Naomi Wolfrod primary physical custody of the child and awarding Todd W. Lentz brief periods of temporary custody. A copy of that order is attached hereto and marked as EXHIBIT A. Since the entry of that order, however, the custody arrangements set by that order have become unworkable and Plaintiff and the child now reside in Cumberland County. Plaintiff has filed this petition to obtain a more workable custody schedule under the present circumstances. 6. Plaintiff asks this court to award her primary physical custody of the said child and to set a realistic schedule of the Defendant's partial or temporary custody based upon the present circumstances. 7. The child was born out of wedlock and is presently in the custody of the Plaintiff. 8. Since birth, the minor child has resided with the following persons at the following addresses: July 1999 - April 2003 Lewisburg, PA Plaintiff only May 2003 - present Boiling Springs, PA Plaintiff only 9. The mother of the child is the Plaintiff who resides at the address set out above. 10, The father of the child is the Defendant who resides at the address set out above. 11. the child. 12. alone. 13. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court, except the one described above. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction, except the one described above. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 14. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has always been the primary care provider for the child; and B. The child does not have a strong relationship with the Defendant and the custody schedule needs to be rearranged to allow a realistic contact between the child and the father; and C. Continuing the child in the Plaintiff's primary physical custody is in the best interest of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. The Plaintiff is the natural mother of the child. Plaintiff currently resides with The Defendant is the natural father of the child. Defendant currently resides WHEREFORE, NAOMI WOLFORD, requests this Court to grant her custody of the child, Tristan Edward Wolford. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS - 17TH JUDICIAL DISTRICT UNION COUNTY BRANCH - CIVIL ACTION - CUSTODY NO. 00-t233 TODD W. LENTZ, VS, NAOMI WOLFORD, Plaintiff Defendant ORDER ANDNOW, this ~:¢¥,- dayof ~--~.J,~ ,2001, upon consideration of the recommendation of the CUstody Conf~rencelOfficer and upon the stipulated agreement of the parties, it is hereby ordered that: 1. NaOmi Wolford (hereinafter referred to as "Mother") shall have legal and primary physical custody of the minor child. 2. Todd W. Lentz (hereinafter referred to as "Father") shall have temporary, partial physical custody or visitation of the minor child according to the following conditions and schedule: 2.1 Commencing Sunday, April 29, 2001, Father shall have temporary partial custody at his apartment between the hours of 11:00 A.M. and 5:00 P.M. Transportation will be provided by Mother both to and from the visitation. After a six-week period of this visitation and upon the successful completion by the Father Todd W. Lentz of parenting class at the Evangelical Community Hospital, then the visitation schedule shall change to the following: .]- 2.1.1. From Saturday at 3:00 P.M. until Sunday at 5:00 P.M. every other weekend. Again, transportation both to and from the visitation shall be provided by Mother. 3. Father agrees that during his periods of visitation no alcohol will be consumed. 4. If any conflicts exist in the custody visitation schedule, the party with the conflict shall give notice to the other party of not less than forty~eight (48) hours prior to the commencement of the scheduled custody or visitation. 5. Holiday visitation will be arranged between the parties as is mutually agreed upon. 6. Should the parties desire to change or amend this agreement in the future, such change or agreement shall be in writing, signed by both parties and approved by this Court. 7. If either party expects to take the child out of the area, then that parent shall provide the other parent with the address and phone number of the destination and a general itinerary of the planned trip. This Order is a consent Order pursuant to the Pennsylvar~ia Rules of Civil Procedure 1915.7, enforceable under the Pennsylvania Rules of Civil Procedure 1915.13 and is hereby deemed effective from the date of this Order. -2- BY THE COURT: NAOMI WOLFORD PLAINTIFF V. TODD W. LENTZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-690 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cmmsel appear before Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne~ PA 17043 on Monday, March 29, 2004 at ~1:30 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 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/ Melissa P. Greev:~. Esq. Custody Concfl~ato 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 befbre 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 ~d:FORD ONE, GO TO OR TELEPHONE ~/-IE 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 APR O/ z~04 ~ NAOMI WOLFORD, Plaintiff V. TODD W. LENTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-690 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered .and directed as follows: 1. Legal Custody. The parties, Naomi Wolford and Todd W. Lentz, shall have shared legal custody of the minor child, Tristan Edward Wolford, born July 30, 1999. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, aLI decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, 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. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as; follows: A. Effective April 9, 2004 on a ternating weekends, from Friday between 5:00 p.m. and 6:00 p.m. until Sunday between 5:00 p.m. and 6:00 p.m. B. At other such times as the parties may agree. 3. Transportation. Transportation incident to the custodial exchange shall be provided by the parent relinquishing custody of the child. 4. Holidays. The parties shall share holiday time by their mutual agreement. 5. Vacation. Each party shall be entitled to one (1) week of uninterrupted custody each Summer for purposes of vacation. The parties will provide each other notice of their intended vacation plans by May 1st of each year. NO. 04-690 CIVIL TERM in the absence of their agreement, the terms of this Order shall control. BY THE~ The parties may vary from the terms of this Order by their mutual agreement. Dist: /~muel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 ,/Todd W. Lent. z, 350 Chestnut Street, Sunbury, PA 17801 NAOMI WOLFORD, TODD W. LENTZ, Plaintiff Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-690 CIVIL TERM CIVIL ACTION - LAW 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 child who is the subject of this litigation is as follows: NAME Tristan Edward Wolford DATE OF BIRTH CURRFNTLY IN THE CUSTODY OF July 30, 1999 Mother 2. A Custody Conciliation Conference was held on March 29, 2004 following Mother's filing of a Complaint in Custody on February 18, 2:004. Present for the conference were: the Mother, Naomi Wolford, and her counsel, Samuel L. Andes, Esquire; the Father, Todd W. Lentz, attended pro se. 3. The parties reached an agreement in the,~,of an Order as attached. -Meli,;s~ Peel Greevy, Esquire Date Custody Conciliator :226317