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HomeMy WebLinkAbout04-1433SHARON RENEE LANTZ, Plaintiff, vs. TIMOTHY F. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o4l- /933 CIVIL ACTION-LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Sharon R. Lantz, who currently resides at 575 Ridge Road, Lewisberry, York County, Pennsylvania. 2. The Defendant is Timothy F. Clouser, who currently resides at 126 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Seth Thomas Clouser Date of Birth: May 11, 2001 Address: 575 Ridge Road Lewisberry, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Sharon R. Lantz, who resides at 575 Ridge Road, Lewisberry, York County, Pennsylvania. 6, During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Sharon Lantz 100 W. Green Street 5/11/01 to 4/12/03 Timothy Clouser Sharon Lantz Cheryl Meyer (friend) Mechanicsburg, PA 614 Gutshall Road 4/12/03 to 8/10/03 Boiling Springs, PA Sharon Lantz 575 Ridge Road 8/10/03 to presnet Lewisberry, PA 7. The mother of the child is Sharon R. Lantz, who currently resides at 575 Ridge Road, Lewisberry, Pennsylvania. 8. Mother of the child, Sharon R. Lantz, is not married. 9. The father of the child is Timothy F. Clouser, who currently resides at 126 West Green Street, Mechanicsburg, Pennsylvania. 10. Father of the child, Timothy F. Clouser, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Defendant currently resides with the following persons: Richard Clouser, Defendanfs father. 14. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since his birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Mother. C. Mother is able to provide a stable environment for the child. d. The Father does not pay child support. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. [THEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff/Mother. DATE ° ??© Respectfully submitted, AaOM & KUTULA"S, L.L.P. John Al om ID ` 7961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of 2004, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Timothy Clouser 126 West Green Street Mechanicsburg, PA 17055 Respectfully submitted, Autulakis, L.L.P. John om No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Sharon R. Lantz, verify that the statements made in this Custody Complaint 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 unworn falsification to authorities. i Date C 116 1(S ; a lL?i Sharon R Lantz on ., SHARON RENEE LANTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY F. CLOUSER DEFENDANT • 04-1433 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 07, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 04, 2004 at 8:30 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/ Jacqueline M. Verney, Esq. mnc 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 1.7013 Telephone (717) 249-3166 y? ,2 ?' ?°? =tea} ? OZ :I I PY Q- ?dPojz MAY 0 6 2004 SHARON RENEE LANTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1433 CIVIL TERM : CIVIL ACTION - LAW TIMOTHY F. CLOUSER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /Z' day of g!?LA? , 2004, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The Mother, Sharon Renee Lantz, and the Father, Timothy F. Clouser, shall have shared legal custody of Seth Thomas Clouser, born May 11, 2001. 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 his health, education and religion. 2. The parties shall share physical custody of the child on a 5/2 alternating week schedule to coincide with Mother's work schedule, at times agreed by the parties. Said shared schedule shall take affect the week of May 10, 2004. 3. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 4. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 5. Each party shall be entitled to one uninterrupted week in the summer provided they give the other party 30 days prior notice. 6. Neither party shall do or say or permit a third party to do or say anything that may estrange the child form the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. The parties shall share transportation as agreed. QS "r 0 15G?h00? 8. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. cc:Jfohn A. Abom, Esquire - Counsel for Xi'nothy F. Clouser 126 W. Green Street Mechanicsburg, PA 17055 J 1 BY THE COURT, SHARON RENEE LANTZ, Plaintiff V. TIMOTHY F. CLOUSER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1433 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Seth Thomas Clouser May 11, 2001 Mother 2. A Conciliation Conference was held in this smatter on May 4, 2004. Mother, Sharon Renee Lantz, was present with counsel, John A. Abom, Esquire, and Father, Timothy F. Clouser, was present, pro se. The parties agreed to an Order in the form attached. S_ S- /',' k u? Date Jac eline M. Verney, Esquire Custody Conciliator SHARON RENEE LANTZ, Plaintiff, VS. TIMOTHY F. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1433 CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY 1. The prior Order of Court dated May 12, 2004 is vacated. 2. Sharon Lantz of Cumberland County and Timothy Clouser, also of Cumberland County, are the natural parents of Seth Thomas Clouser, born May 11, 2001 in Harrisburg Hospital, Harrisburg, Pennsylvania. 2. Both parties agree that legal and physical custody of their minor child, Seth Clouser, shall be granted to the child's mother, Sharon Lantz. 3. Both parties have been advised to seek legal representation with regard to this stipulation and both parties sign this agreement knowingly and voluntarily. 4. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, and after full disclosure, intending to be legally bound, have signed, sealed and acknowledge this Stipulation. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 17M day of August 2004, before me, the undersigned officer, personally appeared Timothy Clouser, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No7Rhci,,nda is Nom D. Rudy, Notary I le Boro, Cumberland mmission Expires Aug. Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ? day of August, 2004, before me, the undersigned officer, personally appeared Sharon Lantz, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. a1v4 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal honda D. Rudy, Notary Public FMYCI"Commission arlisle Boro, Cumberland County Expires Aug. 12, 2006 Member. Pennsvlvania Association of Notaries ? O 'Q[ ?fT' C ? G 7 ? c CA) N SHARON RENEE LANTZ, Plaintiff, VS. TIMOTHY F. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1433 CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY 1. The prior Order of Court dated May 12, 2004 is vacated. 2. Sharon Lantz of Cumberland County and Timothy Clouser, also of Cumberland County, are the natural parents of Seth Thomas Clouser, born May 11, 2001 in Harrisburg Hospital, Harrisburg, Pennsylvania. 2. Both parties agree that legal and physical custody of their minor child, Seth Clouser, shall be granted to the child's mother, Sharon Lantz. 3. Both parties have been advised to seek legal representation with regard to this stipulation and both parties sign this agreement knowingly and voluntarily. 4. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, and after full disclosure, intending to be legally bound, have signed, sealed and acknowledge this Stipulation. 7Witness 4Snenee Lantz T' o F. ouser Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 170 day of August 2004, before me, the undersigned officer, personally appeared Timothy Clouser, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. y lr6Tic Notarial Seal Rhonda D. Rudy, Notary Put Carlisle Boro, Cumberland Col My Commission Expires Aug. 12 Member, Pennsylvania Association of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of August, 2004, before me, the undersigned officer, personally appeared Sharon Lantz, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMM NW ALTH OF PENNSYLVANIA Notarial Seal Public Rhonda D. Rudy, Notary Carlisle Boro, Cumberland County My Commission Expires Aug. 12, 2096 hlamber. Pennsvlvania Association of Notaries 6 t ??? Z?;; ? c, ?? ??? <? ' N v ?? - 2 !'?' " W N g? AUG 3 0 2004 V IN THE COURT COMMON PLEAS CU1vIBERLA ND COUNTY, SHARON RENEE LANTZ, Plaintiff, PENNSYL'JANIA VS. NO. 2004-1433 CIVIL ACTION - LAW TIMOTHY F. CLOUSER CUSTODY Defendant ORDER AND NOW, this 31 0 day of August, 2004, the attached Stipulation For An Agreed Order of Custody is hereby made an Order of Court. BY THE COURT: Distribution: John A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 Timothy Clouser 126 West Green Street Mechanicsburg, PA 17055 I In . IW h 1 . ;Nno 91 :Of WV Z- d3S h00Z ?;lf?lC?-t13? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNISTS OF CENTRAL Civil Action - Law PENNSYLVANIA, LTD., MICHAEL L. GLUCK, L. LYNNE BRITTON, Docket No. 04-1933 - CIVIL RICHARD SCHREIBER, JAMES A. TYNDALL, PETER M. BRIER, and IRA J. PACKMAN JURY TRIAL DEMANDED Plaintiffs, V. R.J. MARZELLA, ESQUIRE & ASSOCIATES, P.C. and ROBIN J. MARZELLA Defendants. NOTICE OF DISCONTINUANCE Plaintiffs hereby discontinue this action with prejudice and with respect to each of the defendants. All parties to bear their own costs. KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP March 12, 2008 Davie. Fine Pa. Supreme Ct. No. E 17 North Second Strei Harrisburg, PA 17101 (717) 231-4500 Counsel for Plaintiffs r HA-205352 v1 ti CERTIFICATE OF SERVICE I certify that, on March 12, 2008, I served a copy of the attached document on the following by U.S. Mail, postage prepaid: Albert P. Massey, Jr., Esquire Lentz, Cantor & Massey, Ltd. 460 East King Road Malvern, PA 19355 r? G -rt ? rAl ~ cD