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HomeMy WebLinkAbout04-5148ADALBERTO ORTIZ, Plaintiff VS. LORI LEONARD, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. : CWIL ACTION - AT LAW : CUSTODY COM[PI,AINT IN C. IIflTOD¥ Costopouios, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Adalberto Ortiz, is an adult individual who currently resides at P.O. Box 4263, Albany, GA 31706. 2. The Defendant, Loft Leonard, is an adult individual who is believed to reside at 668 Cumberland Pointe Circle, Mechardcshurg, Cumberland County, Pennsylvania, 17055. Kayla Ann Nechelle Leonard Natalie Nicole Leonard Brianna Marie Leonard Madison Lehanna Jane Leonard 3. The Plaintiff seeks partiai custody of the following children: Present Residence 668 Cumberland Pointe Circle Mechauicsburg, PA 17055 668 Cumberland Pointe Circle Mechanicsburg, PA 17055 668 Cumberland Pointe Circle Mechanicsburg, PA 17055 668 Cumberland Pointe Circle Mechanicsburg, PA 17055 14 years DOB 7/20/1990 13 years DOB 10/7/1991 10 years DOB 5/30/1994 6 years DOB 3/26/1998 AND NOW, the Plaintiff, Adalberto Ortiz, by and through h/s attorney, Jearm6 B. 4. The children named above are presently in the custody of their natural mother, Defendant Loft Leonard, who is believed to reside at 668 Cumberland Pointe Circle, Meehanicsburg, Cumberland County, Pennsylvania, 17055. 5. For the past five years, the children have resided with the following persons at the following addresses: Defendant 668 Cumberland Pointe Cimle Unknown Mechanicsburg, PA 17055 Defendant Unknown Unknown 6. The biological mother of the children is Lori Leonard, Defendant, who is believed to currently reside at 668 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The biological father of the children is Adalberto Ortiz, Plaintiff, currently residing at P.O. Box 4263, Albany, GA 31706. 7. Plaintiff and Defendant are not married to each other; the children were bom out of wedlock. 8. The relationship of the Plaintiff to the children is that of natural father. The relationship of the Defendant to the children is that of natural mother. It is unknown with whom Defendant resides. 9. Plaintiff 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. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 11. Defendant has not been cooperative with Plaintiff regarding the scheduling of periods of partial custody of the children for Defendant. Therefore, Plaintiff is seeking a court ordered custody schedule. 12. The best interests and permanent welfare of the children will be served by implementing a custody order wherein Defendant is provided reasonable contact with his minor children and wherein he is granted shared legal custody of his minor children. 13. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted partial physical custody and shared legal custody of his children. Respec~,~ubmitted, Jeanr~B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 7/~//~ d/9/ Telephone: (717) 790-9546 Date: 0~ PA Supreme Ct. ID No. 68735 ADALBERTO ORTIZ, Plaintiff VS. LORI LEONARD, Defendmat : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Adalberto Ortiz, hereby verify that the statements made in the foregoing Complaint in Custody 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 unswom falsification to authorities. Date: ADALBERTO ORTIZ : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 04-5148 CIVIL ACTION LAW LORI LEONARD : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 04, 2004 at 10:30 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 al~e 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/ Httbett X. Giltog~ Esq. rnnc 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 abont 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 befi)re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TI-IlS 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NOV 8 ADALBERTO ORTIZ, : Plaintiff : V .' LORI LEONARD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5148 IN CUSTODY COURT ORDER AND NOW, this ~{.~'~" day of November, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. _L_ of the Cumberland Coun~ty Con,house on the ~q'~ day of ~~~ , .2004,. at //:~ ? .m. At this hearing, the fath, o Ortiz, shall be the moving party and shall proceed initially w~[th testimony. Counsel for the parties shall f'de with the Court and opposing: counsel a Memorandum setting forth the history of custody in this case, the i.,~sues currently before the Court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the mother, Lori Leonard, shall continue to enjoy physical custody of the four minor children, Kayla Ann Nechelle Leonard, born July 20, 1990; Natalie Nicole Leonard, born October 7, 1991; Brianna Marie Leonard, born May 30, 1994; and Madison Lehanna Jane Leonard, born March 26, 1998. BY THE COURT, Cc: Jeanne B. Costopoulos, Esquire Lori Leonard ADALBERTO ORTIZ, Plaintiff V. LORI LEONARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIC},N - LAW NO. 04-5148 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Kayla Ann Nechelle Leonard, born July 20, 19901; Natalie Nicole Leonard, born October 7, 1991; Brianna Marie Leonard, born May 30, 1994; and Madison Lehanna Jane Leonard, born March 26, 1998. A Conciliation Conference was held on November 4, 2004, with the following individuals in attendance: The mother, Lori Leonard, who appeared without counsel, and Attorney Jeanne B. Costopoulos, Esquire, who appeared on behalf of the father, Adalberto Ortiz. The father resides in Georgia and has not seen the minor children for approximately three years. Mother is unwilling to agree to have the father see the children because of the long time frame he has not seen them and be~ause of other allegations mother would present at a hearing. Father desires to initiate contact with the children despite the fact that he has not been involved in the children's lives for a number of years. Because of the disagreement of the parties on this issue, a hearing is required. The Conciliator recommends an order in the form as attached. DATE Hubert X. G~d~oy, Esquire Custody C/gCnciliator ADALBERTO ORTIZ, V LORI LEONARD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5148 CIVIL TERM IN CUSTODY IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 5th day of January, 2005, upon consideration of the Complaint in Custody in the above-captioned matter with respect tc the parties' children, Kayla Ann Nechelle Leonard {date of birth July 20, 1990), Natalia Nicole Leonard (date of birth October 7, 1991), Brianna Marie Leonard (date of birth May 30, 1994), and Madison Lehanna Jane Leonard {date of birth March 26, 1998), and pursuant to an agreement reached in open court between the parties and their respective counsel, Jeanne B. Costopoulos, Esquire, on behalf of the Plaintiff, and Joseph D. Caraciolo, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The parties shall share legal custody of the children jointly. 2. Primary physical custody shall remain with Defendant, Lori Leonard, Mother. Plaintiff, Adalberto Ortiz, Father, shall have partial custody Thursday, January 6th, 2005, from 5:00 p.m. to 8:00 p.m., and on Saturday, January 8th, 2005, from 11:00 a.m. to 3:00 p.m. Felicia Beihoff shall meet Father with the children at the beginning of Father's custodial periods at the Panera Bread parking lot in Camp Bill, Pennsylvania, at which time she shall follow Father to Lancaster where he intends to exercise his periods of partial custody. Additional periods of p. artial custody shall be determined by the recommendations of a custody evaluator. Said evaluator shall be selected by Mother within the next 75 days. The costs of said evaluator shall be split equally between the parties, with Mother paying 100 percent of the costs up front, then father reimbursing mother 50 percent of said costs at the rate of $100.00 per ~month due the 1st of each month beginning with the first payment due on February 1st, 2005. The parties shall cooperate fully with all recommendations of the evaluator regarding the scheduling of additional periods of partial custody with Father. It is noted that Father has two remaining vacation weeks in 2005, which he intends to spend in Pennsylvania. Following the evaluation or in the event an evaluation, for whatever reason, does not occur, either party may request a conciliation conference without the need of filing an additional petition. 3. Father shall make arrangements to obtain CPR certification and to familiarize himself with Madison's medical needs by directly contacting her treating physician. Mother shall provide Father with the name and number of said physician as soon as practicable. 4. Father shall provide to mother HMO cards for each child within the next 60 days. 5. Father shall be entitled to reasonable private phone contact with the children on Tuesdays and alternating Saturdays beginning January 15th, 2005. Mother shall encourage the children to participate willingly with said phone contact. 6. Neither Father, Father's wife, or any member of Father's household, shall physically discipline the children in any manner. 7. Neither party shall ingest illegal controlled substances or drink to the point of intoxication while having custody of the children. 8. Neither party shall make disparaging remarks about the other party or their family in the presence of the children. By the Court, 2~eph D. Caraciolo, Esquire 8 Market Street Camp Hill, PA 17011 For the Plaintiff ~eanne B. Costopoulos, Esquire Executive Office at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 For the Defendant :mae