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Home My WebLink About09-1930LEWIS A. DOPP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09- 19 36 CUSTODY VICTORIA WAKEFIELD, Defendant CIVIL ACTION - LAW COMPLAINT FOR CUSTODY AND NOW, come the Plaintiff, Lewis A. Dopp, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, who files this Complaint for Custody and avers as follows: 1. The Plaintiff is Lewis A Dopp, an adult individual, currently residing at 2175 Newville Road, Carlisle, Pennsylvania 17015. 2. The Defendant is Victoria Wakefield, an adult individual, currently residing at 809 Y2 N. Pierce Ave., Lancaster, Ohio 43130. 3 (a). Plaintiff is seeking sole legal and physical custody of SAVANNAH MARIE DOPP (born 7-21-2007), in accordance with the parties' fully executed Stipulation as to Custody. 3(b). The child was born out of wedlock. The child is presently in the custody of Plaintiff, Lewis A Dopp, currently residing at 2175 Newville Road, Carlisle, Pennsylvania 17015. His relationship to the minor child is that of Father. Since the child's birth, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Lewis A. Dopp Lewis A. Dopp Victoria Wakefield 2175 Newville Road Carlisle, PA 17015 163 Oak Flat Road Newvilie, PA 17241 January 2008 - Present July 2007 - December 2008 3(c). The Father of the child is Lewis A. Dopp, currently residing at 2175 Newvilie Road, Carlisle, Pennsylvania 17015. He is unmarried. The mother of the child is Victoria Wakefield, an adult individual, currently residing at 809 % N. Pierce Ave., Lancaster, Ohio 43130. She is unmarried. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Savannah Marie Dopp Daughter 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Unknown at this time. 6(a). 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 another court. 6(b). Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties have entered into a Custody Stipulation, a fully executed copy of which is attached hereto as Exhibit "A". 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order incorporating the terms of the parties' Stipulation as to Custody. Respectf Submitt d, Dated: - S- 0 9 Bryan W. ook, Esq PA I. D. o. 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff I • LEWIS A. DOPP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09- CUSTODY VICTORIA WAKEFIELD, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION AND NOW, this 14 - day of 1-4,-- , c Yx. , 2009, VICTORIA WAKEFIELD ("Mother") and LEWIS A. DOPP ("Father"'), stipulate to the following provisions being made an Order of Court: 1. Mother, Victoria Wakefield, relinquishes her legal and physical custodial rights to Father, Lewis A. Dopp. 2. Father, Lewis A. Dopp, shall have sole legal and physical custodial rights of SAVANNAH MARIE DOPP (born 7-21-2007). 3. Both parents realize and appreciate that it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 4. The parties agree that major decisions concerning the child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by Father, Lewis A. Dopp, with a view toward obtaining and following a harmonious policy in the child's best interests. 5. Communication: Both parents shall provide the other with all applicable addresses and telephone numbers, including home, work and cell phone numbers. The parent having physical custody of the child shall ensure the other parent has reasonable telephone and e-mail privileges (if available and when the child becomes of age she uses e-mail) with the child. 6. Each parent shall speak respectfully of the other whether it is believed the other reciprocates. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, etc.). Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 7. Modification: Any of the provisions of this Stipulation may be modified or deleted upon mutual consent of the parents. Absent an agreement of the parties or further Order of Court, the above provisions shall be followed. 8. The parties have had equal opportunity to review this stipulation and mother further acknowledges she has had the opportunity to have this document reviewed by legal counsel of her choice and has chosen to proceed without legal representation in this matter. 9. An Order of Court will be entered in accordance with the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: ?! ".. ? w4a Victoria Wakef ld WITNESS: 4e" A0 ?D Lewis A. Dopp r ? STATE OF G , a COUNTY OF SS: On this the 1( day of ?,?-.rte . w., 2009, I, ?? W : s, , ?!,, otary Public hereby acknowledge that before me, the undersigned officer personally appeared, Victoria Wakefield, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: S;,- j., f 2i 2a c o r G D WIGHTMAN ;atarr Public - ' air' c1 for the State of Ohio rNx Co mmission Expires Semptember 22 , 2010 VERIFICATION f, Lewis A. Dopp, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: March 4_6, 2009 Lewi A. Dopp D iii 00 _TZ.? rn ? I ` 3OZOWG LEWIS A. DOPP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09- l430 0,+vi1 Test CUSTODY VICTORIA WAKEFIELD, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of '2009, it is hereby Ordered and Decreed that the Custody Stipulation, dated March 16, 2009 be adopted as an Order of Court. k ljo 0 MITI : :! all 8 6601 LEWIS DOPP, Plaintiff VS. VICTORIA WAKEFIELD, Defendant P-a C C= C) rnw =-n x;o -u r IN THE COURT OF COMMON PLF'? -A OAr rn c C ? c:) -? CUMBERLAND COUNTY PENNS @JA%A , , C) M NO. 09-1930 CIVIL TERM " w CUSTODY PETITION FOR EMERGENCY RELIEF Petitioner, Victoria Wakefield, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as Mother, who resides at 205 Chestnut Street, York, York County, Pennsylvania 17043. 2. Respondent is the above-named Plaintiff, hereinafter referred to as Father. It is believed that Father presently resides at 2308 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17015-9398. 3. The parties are the natural and biological parents of the minor child, Savannah Marie Dopp, born July 21, 2007. 4. A prior Custody Order was entered in this.case by the Honorable Judge Edgar B. Bayley on March 30, 2009. The Order is attached hereto as "Exhibit A" and in pertinent part grants Father sole legal and physical custody of the minor child and Mother relinquished her legal and physical custodial rights to Father. 5. Father is not acting in Savannah's best interests for reasons including, but not limited to, the following: %it a. On October 7, 2010, a Police Criminal Complaint was filed char ' f 1?1/? -*36Mifl3. the following: C z ;Z Wd h Z hQm 1 ,\?V .ONOH108d 3H1 i. 2 counts of involuntary deviate sexual intercourse/unlawful contact with minor. ii. 1 count statutory sexual assault iii. 5 counts corruption of minors iv. 1 count indecent assault v. 5 counts selling or furnishing liquor or malt to minors b. There are also allegations from the alleged minor victims that Father was smoking marijuana during his interactions with them. c. Father is scheduled for a preliminary hearing before Magisterial District Judge Vivian Cohick on December 7, 2010 at 10:00 a.m. d. Despite having the responsibility as primary caretaker of the minor child, Father has engaged in various criminal activities without regard to the well-being of the child. 6. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Mother has a safe and stable home environment in which to provide for the child's emotional, physical, medical and educational needs. b. Mother agreed to relinquish her rights to shared legal custody and any physical custody because Father had promised not to withhold the child from Mother and Mother was not aware of the availability of legal services to assist her in the custody matter at that time. c. Mother has visited with the child and has spoken with the child by telephone since the entry of the March 2009 Order and has worked to try and maintain a relationship with the child. d. Mother recognizes the issues that the child may face after an extended period of time away from Mother and Mother intends to coordinate with a family counselor to help the child adjust to changes in the custodial situation and to help the child deal with fears or concerns that may stem from Father's criminal behavior. 7. Involuntary Deviate Sexual Intercourse, Statutory Sexual Assault and Indecent Assault are all crimes listed under 23 Pa.C.S. §5303(b.1) regarding the consideration of a criminal charge in a custody case. According to this statute, a parent with information about such charges can seek to modify an existing custody order and a hearing shall be scheduled expeditiously. In evaluating such a request, the court "shall consider whether the parent who is or has been charged with an offense listed ...poses a risk of harm to the child." 8. Without this Court's intervention, and in light of the current charges against Father, it is asserted that the child is at risk of harm. 9. Counsel for Mother has contacted Attorney J. Michael Sheldon, counsel for Father. Attorney Sheldon does not concur with the relief requested in this Petition. WHEREFORE, Mother respectfully requests that the Court order the following: a. Plaintiff shall immediately take primary physical custody of the child. b. Defendant shall have periods of supervised visitation at a facility that specializes in such visitation programs. c. Mother shall have legal custody of the child. d. This matter shall be scheduled for hearing. e. The local police or other appropriate law enforcement agency shall assist Plaintiff in regaining custody of the child from Defendant or any other adult who may have custody of the child. f. Any other relief this Court finds just and equitable. J6si ljolst, Esquire Mid Legal Services 401 Louther Street Carlisle, PA 17013 VERIFICATION The above-named Petitioner, Victoria Wakefield, verifies that the statements made in the above PETITION FOR EMERGENCY RELIEF are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date : l k _a 3 -10 Victoria Wakefield MAR 3 0206 P1. LEWIS A. DOPP, IN THE COURT OF COMMON. PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09- 1430 C+vil Term CUSTODY VICTORIA WAKEFIELD, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of '2009, it is hereby Ordered and Decreed that the Custody Stipulation, dated March 16, 2009 be adopted as an Order of Court. ?,xm (' LEWIS A. DOPP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09- CUSTODY VICTORIA WAKEFIELD, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION AND NOW, this 1 to day of /? •? ?• c 1n , 2009, VICTORIA WAKEFIELD ("Mother") and LEWIS A. UOPP ("Father"), stipulate to the following provisions being made an Order of Court: 1. Mother, Victoria Wakefield, relinquishes her legal and physical custodial rights to Father, Lewis A. Dopp. 2. Father, Lewis A. Dopp, shall have sole legal and physical custodial rights of SAVANNAH MARIE DOPP (born 7-21-2007). 3. Both parents realize and appreciate that it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 4. The parties agree that major decisions concerning the child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by Father, Lewis A. Dopp, with a view toward obtaining and following a harmonious policy in the child's best interests. 5. Communication: Both parents shall provide the other with all applicable addresses and telephone numbers, including home, work and cell phone numbers. The parent having physical custody of the child shall ensure the other parent has reasonable telephone and e-mail privileges (if available and when the child becomes of age she uses e-mail) with the child. 6. Each parent shall speak respectfully of the other whether it is believed the other reciprocates. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, etc.). Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 7. Modification: Any of the provisions of this Stipulation may be modified or deleted upon mutual consent of the parents. Absent an agreement of the parties or further Order of Court, the above provisions shall be followed. 8. The parties have had equal opportunity to review this stipulation and mother further acknowledges she has had the opportunity to have this document reviewed by legal counsel of her choice and has chosen to proceed without legal representation in this matter. 9. An Order of Court will be entered in accordance with the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: 1?3oY.?1?1161 W;cS\-,4, ." Q1 Victoria Wake ld WITNESS: ,4" 4.0 zA6 Lewis A. Dopp i i STATE OF G ?. a COUNTY OF SS: On this the 1 j day of 2009, I, T?c .,,.?,lotary Public hereby acknowledge that before me, the undersigned officer personally appeared., Victeds Wakefield, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: gyp. 2z 2a t o ALI) D. WIGHTMAM Nat s arr Public In and for the State of oh. s "I' Commission bemptember22, 2010 0 FLU-il;=*E OF- TH- 1 L .f` 2009 MAR 30 PH 4: 2J a.s?k U. tJ?rlo?r:?C(. LEWIS DOPP, Plaintiff VS. VICTORIA WAKEFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1930 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served J. Michael Sheldon, Esquire, with a Petition for Emergency Relief on November 24, 2010 by US First Class Mail to the person and address below: J. Michael Sheldon, Esquire 5821 Linglestown Road - Suite 212 Harrisburg, PA 17112 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I I. 121`-i • 10 Signature: V LEWIS DOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-1930 CIVIL TERM VICTORIA WAKEFIELD, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: . Kindly allow, Victoria Wakefield, Petitioner, to proceed in forma pm ens. I, Jessica Holst, attorney for the party proceeding in forma au ns, certify that I believe the party is unable to pay the costs and that I am proj44irW free legal services to the party. Tes a Holst, Esquire M enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 - ? -? w ? ,r LEWIS DOPP, Plaintiff VS. VICTORIA WAKEFIELD, Defendant NOV 2 9 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1930 CIVIL TERM CUSTODY 4* ORDER OF COURT N,?r?t. , upon consideration of the Petition for AND NOW, this day of aoi? i Emergency Relief, the following order is entered: e en an s ave at 31 TnU minur Mum. ga cus .*#. This matter shall be scheduled for hearing on ?/o 4:36 ok.0" 3 at in Courtroom Number saxq-xn fm oDefendant or any It Cop 1;2-s rna ilC' 14, /1z) ?Zzfllq r+i CZ) rrn r? C7 --1 c? rn c-> i 't7 N N On C) m- rn Obi 4C) o- OZ n ? D -r 30 t Distribution: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 J. Michael Sheldon, Esquire 5821 Linglestown Road - Ste. 212 Harrisburg, PA 17112 LEWIS DOPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 09-1930- CIVIL TERM VICTORIA WAKEFIELD, Defendant CUSTODY ORDER OF COURT AND NOW, this 3rd day of December, 2010, after hearing, we are not satisfied that the Child is safe with Father nor are we satisfied that Mother is available as a resource at this time because of her lack of contact with the child. Consequently, we are referring this matter to Children and Youth Services of Cumberland County to put into place a safety plan for the Child and to implement services to enable Mother to reestablish contact with and form a relationship with the Child. essica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 /Michael Sheldon, Esquire 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Chris Roland, mlc CCC&YS _ c??c rri tJ? r-- r- D r-a 0 a ` -.aF rte;,.. 'R m v c-3 C7 -? Cn N Orn N D N ?7 It. cop Ces 1.'Ylal LL