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HomeMy WebLinkAbout01-3577 ( \,' ...... MELVIN J. WOLFE, JR PLAINTIFF V. CHRISTINA M. WOLFE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3577 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, July 24, 2001 , the conciliator, at 11:00 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: Isl Melissa P. Greevy, Esq. ~ 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 an'angements 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~po/- ~~&l ,~~ ~/~~ ~p1L ~44v'p1J Y!i',:\//\llS\\N:?d I .', ~ /',,", ,- 'I .. In'"' N..i\l ;',1 .,1 ' ! -;'~\ ;0 8 ::; : ~',:; :. ,-1 ;.,~! t ~ ,-'; c~ ; J /rJ II- f /tJ.)/ tIJ /(l. 3/-f " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELVIN 1. WOLFE, JR. PLAINTIFF vs. ) ) ) No. OF 2001 ) ) 0\ - ..d~77 ) ) Clo'llY~ CHRISTINA M. WOLFE, DEFENDANT ORDER OF COURT AND NOW, this _ day of ,2001, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of , 2001 at o'clock _' m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or it this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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. By the Court: Dated: J. .. L:\CUSTODY\KEVIN-D\ WOLFE.CUS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION - LAW vs. ) ) ) No. ) ) ) ) -OF 2001 0 (- 35-?? Cc,vd - / -l.----.. MELVIN J. WOLFE, JR. PLAINTIFF CHRISTINA M. WOLFE, DEFENDANT COMPLAINT FOR Cl JSTODY 1. The Plaintiff is Melvin J. Wolfe, Jr., an adult individual residing at 155 Market Street, Highspire, Pennsylvania 17034. 2. The Defendant is Christina M, Wolfe, an adult individual currently residing at 1082 Oyster Mill Road, Camp Hill, Pennsylvania, 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Melvin J. Wolfe, III (12/25/93) 1082 Oyster Mill Rd. Camp Hill, P A 7 Dustin A. Wolfe (10/8/96) 1082 Oyster Mill Rd. Camp Hill, P A 4 Amber L. Wolfe (10/31/97) 1082 Oyster Mill Rd. 3 Melvin 1. Wolfe, III was born out of wedlock and Dustin A. and Amber L. Wolfe were not born out of wedlock. The children are presently in the custody of Defendant. 4. During the last five years, the children have resided with the following persons at the following places: ," a. From Oct. 95 to Oct. 97 with both parents at 49 Paxton Street, Highspire, P A b. From Oct. 97 to Oct. 99 with both parents at 404 N. Third Street, Steelton, P A c. From Oct. 99 to March 2001 with both parents at 1082 Oyster Mill Rd., Camp Hill, PA. d. From March 2001 to May 18,2001 with Defendant at 1082 Oyster Mill Rd., Camp Hill, P A. e. From May 18, 2001 to Present - Melvin III with Father at 155 Market Street, Highspire, Pennsylvania and Dustin and Amber with Mother at 1082 Oyster Mill Rd., Camp Hill, PA. 5. The mother of the children is Christina M, Wolfe, currently residing at 1082 Oyster Mill Road, Camp Hill, Pennsylvania. She is married at the present time. 6. The father of the children is Melvin J. Wolfe, Jr., currently residing at 155 Market Street, Highspire, Pennsylvania. He is married at the present time. 7. The relationship of plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Mr. & Mrs. Melvin J . Wolfe Mother & Father Sister 8. The relationship of Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Name Relationship Father 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, Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. The Plaintiff does not know of any other person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12, The best interest and permanent welfare of the children will be served by granting primary custody to the Plaintiff herein because: a. Father is better able to provide stable environment for children. b. Father is better able to provide for the physical, financial and emotional needs of the children, 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court grant custody of the children By: .' I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: (/' - S - Ci I nJ-- P It ""- ""- )..J ..J ...c: -..{) o ~ ~B J: e B -0 ~ F- e . J q c; ~~ '::: , " -, '.' 'T. , Z,,-" ~.... Cf!. -.....-" "'~---=" r~ :'.f' 2:: () __ '~) ~ l._: t:;=! -1 )> s;: _) "'.;; .L. ._ =< :2 f"-' Plaintiff AUG 0 2 200~1\~ IN THE COURT OF COMMON PLEAS OF 0" . CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. WOLFE, JR., vs. NO. 01-3577 CHRISTINA M. WOLFE, Defendant CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ,~ day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Melvin J. Wolfe, Jr., and Christina M. Wolfe, shall have shared legal custody of the minor Children, Melvin J. Wolfe, born December 25,1993, Dustin A. Wolfe, born October 8, 1996, and Amber L. Wolfe, born October 31, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. s. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. A. Dustin and Amber shall be in a shared custodial arrangement between the two parents alternating on a week-on/week-off basis. The date of exchange shall be Sunday each week with Mother's next custodial week to begin on July 29,2001. The exchange time, unless otherwise agreed, shall be 6:30 p.m. The exchange location, unless otherwise agreed, shall be the Susquehanna Sports Complex parking lot. B, Mother shall have custody of Melvin J. Wolfe, III, (Rusty), each Saturday from 9:00 a.m. until 4:00 p.m. and each Tuesday from 5:00 p.m. until 9:00 p.m. During the school year, Mother's Tuesday custodial periods shall end at 8:30 p.m. Mother shall have additional such periods of custody with Melvin as the parties may agree. 3. Holidays. The following holidays shall be shared by the parties: Easter, Independence Day, Thanksgiving and Christmas. The Children shall be with Mother on Mother's Day and with Father on Father's Day. No. 01-3577 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation. The evaluator will be chosen by agreement of counsel for the parties. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation to complete this evaluation in a timely fashion. The cost of the evaluation shall be shared equally by the parties. 5. Following the completion of the independent custody evaluation and receipt of the report by counsel, counsel for either party may contact the Custody Conciliator for an additional Custody Conciliation Conference date if the parties are not able to reach a resolution through counsel. J. Dist: Kevin D. Dolan, Esquire, 222 S. Market Street, Suite 201, Elizabethtown, PA 17022 Gerald S. Robinson, Esquire, 4407 N. Front Street, Harrisburg, PA 17101 ;> ~j9~ ~/O\ (\' <1>' V1NVtllASNN3d fJNnO::-J (Y:"(l)F1EW~nJ i ~ :21 l1J 9- ~nv 10 Plaintiff AUG 0 2 2;1\ IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. WOLFE, JR., vs. NO. 01-3577 Defendant CIVIL ACTION - LAW CUSTODY CHRISTINA M. WOLFE, 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 Melvin J. Wolfe, III Dustin A. Wolfe Amber L. Wolfe December 25,1993 October 8, 1996 October 31, 1997 Father Mother Mother 2. The parties' first Custody Conciliation Conference was held on July 24, 2001, with the following individuals in attendance: the Father, Melvin J, Wolfe, Jr., and his counsel, Kevin D. Dolan, Esquire; the Mother, Christina M. Wolfe, and her counsel, Gerald S. Robinson, Esquire. 3. The parties reached an agreement in the form of an Order as attached for a Temporary Order with regard to custody of their Children. The parties agreed that the present Order largely reflects the status quo. However, they agreed that it may be modified as the needs of the Children, in particular Rusty, change. Date d~J L / u~26:/) Melissa eel Greevy, EsqUire Custody Conciliator MELVIN J. WOLFE, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3577 CIVIL TERM CHRISTINA M. WOLFE, DEFENDANT : CIVIL ACTION - LAW : CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Christina M. Wolfe. Respectfully submitted, Dated: ~/;;'3/()1- / l ROk~~~ GefuId S. ROb~ ;squire PA I.D. # ().. 7 4407 North Front Street Harrisburg P A 17110 (717) 232-8525 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Christina M. Wolfe. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: ~ / d-I.€ /0 2- , ( Susan Kay C e PA I.D. # 649 8 5021 East Trin e Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 () C' C h.' Z i.~. 'C.l D l...._ fn ~I :;-J ,- Z Z C i"v C!) ;~~':' \.0 -< r::: ~- ~ "1:) Z C "~.' .. :c'.... C {'.) , ;;> c= "....... .-~ -;>" "1'.> ~ "~) :0 ~iio- -<