The URL can be used to link to this page

Home My WebLink About04-3441KAREN WOLFE Plaintiff TIMOTHY WOLFE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. O/'/" -~ qt41 CIVIL TERM COMPLAINT FOR CUSTODY The plaimiffis Karen Wolfe, residing at 36 Windy Hill Road, Newville, Cumberland County, PA 17241. The defendant is Timothy Wolfe, residing at Marion Correctional Institution 3269 NW 105th Street, Lowell, Marion County, FL 32663-0158. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Brandy Wolfe 36 Windy Hill Road, Newville, PA 17241 04/30/87 Peggy Wolfe 36 Windy Hill Road, Newville, PA 17241 09/23/88 The children were born in wedlock. The children are presently in the custody of Kamn Wolfe, who resides at 36 Windy Hill Road, Newville, PA 17241. During the past five years, the children have resided with the following persons and at the following addresses: Persons Karen Wolfe Karen Wolfe Karen Wolfe Karen Wolfe Timothy Wolfe Address 36 Windy Hill Road, Newville, PA 17241 108 Fairfield Street, Newville, PA 17241 10 Pennsylvania Ave. Apt. 2, Newville, PA 17241 Rte 4 Box 355, Mayo, FL 32066 Dates 03/2004-Present 03/2003-2/2004 07/2002-02/2003 07/1999-07/2002 The mother of the children is Karen Wolfe, hereinafter "Mother", currently residing at 36 Windy Hill Road, Newville, PA 17241. She is married. The father of the children is Timothy Wolfe, hereinafter "Father", currently residing at Marion Correctional Institution, 3269 NW 105th Street, Lowell, FL 32663-0158. He is married. 4. The relationship of the Plalntiffto the children is that of Mother. She resides with the following persons: Name Brandy Wolfe Peggy Wolfe Relationship Daughter Daughter 5. The relationship of the Defendant to the children is that of Father. He currently resides with the following persons: Name Unknown Relationshi~ Other inmates 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother has no information of a custody proceeding concerning the children pending in a court of the Commonwealth or of any other State. Mother 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 children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother is the primary caretaker of the children; b) Mother provides the children with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c) Mother performs the parental duties and enjoys the love and affection of the child; d) Father is currently' incamerated. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that the court enter a custody order granting Mother legal custody and primary physical custody of the children. Date: LUCY JOHNSTON-WALSH ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. KAREN WOLFE, Plaintiff TIMOTHY WOLFE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : IN CUSTODY : NO. O~"~'~CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Karen Wolfe, through her attorneys, the Family Law Clinic to proceed in forma pauperis. The Family Law Clinic, attorneys proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Jason C. Evans Certif ed Legal Intern ROBERt INS THOMASaM. PLACE LUCY JOHNSON-WALSH ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 KAREN WOLFE PLAINTIFF V. TIMOTHY WOLFE DEFENDANT IN 'FHE cOURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA 04-3441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday_, July 22_._L, 2004 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre Jac!ffieline M. Ver~, the conciliator, Tuesda~t,_~Augu~t 3~1, 2004 at _8:30 AM at 4th Floor, Cumberland County Courthouse, Carlisle on ~ '- 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 max/ 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/ _j~cqu~ne M. Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is requited 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 , ' ' LP FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ]viE . Cumberland County Bar Association 32 South Bedford Sm:et Carlisle, Pennsylvania 1'7013 Telephone (717) 249-3166 KAREN WOLFE, Plaintiff TIMOTHY WOLFE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 04-3441 CIVIL TERM ,CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that the Family Law Clinic served via U.S. Postal Service mail, a correct copy of the Notice of Intention to Request Entry of § 3301 (d) Divorce Decree and the Defendant's Counter-Affidavit under §3301(d) of the Divorce Code, to Timothy Wolfe, at the Marion Correctional Institution, 3269 NW 105th Street, Marion County, Lowell, Fl 32663-0158 on August 4, 2004. I verify that the statements made in this certificate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Jasonjt2. Evans Certi~ed Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968: KAREN WOLFE, Plaintiff TIMOTHY WOLFE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 04-3441 CIVIL TERM AFFIDAVIT OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I mailed a true and correct copy of the Complaint for Custody and Order of Couvl to the Defendant, Timothy Wolfe, postage pre-paid, at the Marion Correctional Institution, 3269 NW 105th Street, Marion County, Lowell, FL 32663-0158. Service was complete upon receipt by Timothy Wolfe on the 3rd day of August, 2004, as documented in the attached Sheriff's Return of Service Notice. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 45 N. Pi'tt St. Carlisle, PA 17013 KAREN WOLFE : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND C, OUNTY, PENNSYLVANI6 V. : 04-3441 CIVIL ACTION LAW TIMOTHY WOLFE : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 22, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cmmsel appear betbre Jacqueline M. Verne¥, Esq. , the conciliator, at 4thFloor, Cumberland County Courthouse, Carlisle on Tuesday, August31,2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, m~ effort wil]i be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also be oresent at the conference. Failure to aopear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs $he 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. Custody Conciliator rah¢ 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 ATrORNEY 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 TRUE C,-'bp¥ FROM R CORD J'n Testimony whereof, I here unto set my hand Qnd the seal of said Court at Carlisle, Pa. This ..._~.~ ..... day of.~......, ................ 7,' " " .,,.'. t'rothonotary SHERIFF'S RETURN OF SERVZCE SERVICE # S04024052 TYPE OF ORDER PLAINTIFF: WOLFE, KAREN DEFENDANT WOLFE, TIMOTHY RETURN TO: FAMILY LAW CLINIC ADDREss: 45 NORTH PITT ST CITY: NOTARY: DIRECTIONS: COMMENTS: CARLISLE, PA 17013 ORDER OF COURT/CUSTODY COMPLAINT ACCOUNT#: A04003472 ~ CASE t~ 043441 COURT: CUMBERLAND COUNTY COURT OF COMMON PL COURT DATE!: Tuesday, August 31, 2004 DUE DATE: SERVED TO,: SERVE WOLFE, TIMOTHY ADDRESS: MCI, #758301 CITY: OCALA, FL DESCRIPTION: Received this writ on the 2 day of August A.D. 2004 and sensed same on the within named on the ~ day of ~__ A.D. 2004 in Marion County, Florida ~__INDIVIDUAL By delivering a true copy of this wht with the date and hour of service endorsed thereon by me and a true copy of the initial pleading. ~SUBSTITUTE By ~elivering a true copy of this writ with the date and hour of service endorsed thereon by me and .: copy of the copies at (his/her) usual place of abode with a resident of the household above the age of 15 years, to.wit:initial pleading by leaving the ~CORPORATION (Name and Relationship) _and mforrmng the perS~s thereof. By delivering a true copy of this writ with the date and hour of service endorsed thereon by me and a copy of the . __ of said corporation: In the ab . . initial pleadings to Treasurer, Secretary, General Manager, Director or any officer. (as defined in F$ 4.8 081(l;en~°fthe Preszdant, Vice President, Cashier, To _as registered agent of the within mimed Corporation (as defined in FS 48.091(1).~ business because service could ~ ~ ~.~ ...... .as an employee of the within n · . no, ,,~ maur on me reglsterea agent for failure to c~-, .- ~ar[l_ed corporation at said corporation's nlac ~POSTING ~',-Pq~ wzm 1~; 48.091 thereby complying w th 48 081~3).e of By posting on the premises located at a true copy of this writ with the date and hoar -~ · - m servtce enaorsed thereon by me and~ copy of the init al p eadin~spicu~as place on the property described within after making two (2) attempts not less than s x (t) hoars apart in that the tenant could not be found and there was no person residing therein, fifteen (15) years of age or older upon whom service could me made. ~OTItER ~NON-SERVICE For the reason that after diligent search and inquiry failed to find said COMMENTS Note:~)~ly that service indicated by the X is applicable to this return. ORIGINAL COPy MCSO FORM #CIVI01 DEC 98 KAREN WOLFE, : Plaintiff : : Vs. : TIMOTHY WOLFE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3441 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~(~ day of ~J--~ , 2004, there being no economic claims raised in the proceedings, and an affidavit under Section 3301(d) having been filed averring a separation on July 12, 2002, a period in excess of two years, and said affidavit having been served on August 4, 2004, the motion for appointment of the Master is vacated inasmuch as there are no issues regarding economic claims or grounds for divorce pending. BY THE COURT, CC: Family Law Clinic Attorney for Plaintiff Timothy Wolfe Defendant AUG 31 2004 KAREN WOLFE, Plaintiff V. TIMOTHY WOLFE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 2004-3441 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 1 IA~ day of ~~"~ ,2004, upon consideration of the attached Custody Concil~tion Report, it is ordered and directed as follows: 1. Mother, Karen Wolfe, shall have sole legal and sole physical custody of Brandy Wolfe, bom April 30, 1987 and Peggy Wolfe, bom September 23, 1988. 2. Nothing in this Order is intended to prevent Father from later asserting visitation or custodial rights. 3. This Order is entered pursuant to 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'~n E. Chafin, certified legal intern, for Mother Robert E. Rains, Esquire, Family Law Clinic ~2'~mothy Wolfe, Marion Correctional Institution 3269 NW 105th Street Lowell, FL 32663-0158 I § ;il f~¥ L- ~135 ~1]t)~ KAREN WOLFE, Plaintiff V. TIMOTHY WOLFE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-3441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY pRIOR JUDGE: None 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandy Wolfe April 30, 1087 Mother Peggy Wolfe September 23, 1988 Mother 2. A Conciliation Conference was held in this matter on August 31, 2004, with the following individuals in attendance: The Mother, Karen Wolfe, with her counsel, Erin E. Chafin, certified legal intern and Robert E. Rains, Esquire, Family Law Clinic. Father is incarcerated at the Marion Correctional Institution in Lowell, Florida. Proof was provided that Father was served with the complain't. Father did not appear in person or by telephone. 3. Mother requested an Order in the form as attached. Date Jh/cquc°fine M. vemey, Esq ' Custody Conclhato KAREN WOLFE Plaintiff TIMOTHY WOLFE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 04-3441 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Erin Chafin, a Certified Legal Intern under the supervision of an attorney, in the Pre-Hearing Custody Conference with counsel and parties before Custody Conciliator Jacqueline M. Vemey, Esquire on Tuesday, August 31, 2004 at 8:30 a.m. Date: August 31, 2004 As the supervising attorney for Erin Chafin, certified under Pa.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date: August 31, 2004 Robert E. Rains Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 John A. Vaskov, Esq. DepuryPro~onora.,7 P~trlcla A. l~coIa ~f C~erk Supreme Court of Pennsylvania Western District January 22, 2004 Thomas M. Place, Esq Dickinson School of Law, Family Law Ciinic 45 N. Pitt Street Carlisle, PA 17013 GmCountvBuildin~ Pimburgh, PA 15219 412-565-2816 RE: Erin Elizabeth Chafin No. 70 INT 2004 Dear Attorney Place: The above-named law student has been approved and cert/[fed under Pa. B.A.R. 321 and 322 by: Dickinson School of Law Francis j. Mootz Associate Dean as a duly enrolled/aw student who h _or the e.q.uivalent thereof, as bein,, ~_s__c~:).mp. leted at least three r3~ s ...... ,~uequatelv tra ,~ ,,, __.., u.v~ yuO0 character an ~ / =musters of legal stu ' - ne,,,uF~rrormasalegaJinternasof JanduaC~r~e, t2e(~egalability, andas~deiien;' Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 and 322, the above-named Student has been certified as a legal intern and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this January 22, 2004 /all CC.' Mr. Francis j. Mootz Associate Dean Ms. Erin Elizabeth Chafin Very truly yours,