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Home My WebLink About05-6309 . HAROLD G. DIPOFI and KAREN F. DIPOFI, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. (")C; - 1&.3D7 {Jl~J~ ~ 82...~ TONI D. WERTZ, DAVID WERTZ and CARL FORNEY, Defendants : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY I. The Plaintiffs are Harold G. DiPofi and Karen F. DiPofi, currently residing at 900 Magnolia Drive, Enola, Cwnberland County, Pennsylvania. 2. The Defendants, Toni D. Wertz and David Wertz, currently residing at 64-R Winter Lane, Enola, CwnberIand County, Pennsylvania. 3. The Defendant, Carl Forney's, last known address is 665 South Deodate Road, Middletown, Dauphin County, Pennsylvania. 4. Plaintiffs seeks partial physical custody of the following children: NAME Austin N. DiPofi PRESENT RESIDENCE 64-R Winter Lane Enol a, P A 17025 D.O.B. 08/27/2001 Noah T. Wertz 64-R Winter Lane Enola, P A 17025 OS/24/2003 5. Austin N. DiPofi was bom out of wedlock and Noah T. Wertz was not born out of wedlock. 6. The children are presently in the custody of Defendants, Toni D. Wertz and David Wertz, who currently resides at 64-R Winter Lane, Enola, Pennsylvania. . 7. During the past five years, Austin N. DiPofi has resided with the following persons and at the following addresses: NAME Toni D. Wertz David Wertz RESIDENCE 64-R Winter Lane Enola, P A 17025 DATE 8/2005 until Present Toni D. Wertz David Wertz 310 South Pitt Street Carlisle, PA 17013 8/2004 until 8/2005 Toni D. Wertz David Wertz 602-E Mallard Street Camp Hill, PA 17011 8/2003 until 8/2004 Toni D. Wertz David Wertz 104 Summer Lane Enola, P A 17025 8/2002 until 8/2003 Harold G. DiPofi Karen F. DiPofi Christopher DiPofi Toni D. DiPofi (now known as Toni D. Wertz) 900 Magnolia Drive Enola, P A 17025 8/2001 until 8/2002 8. During the past five years, Noah T. Wertz has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Toni D. Wertz 64-R Winter Lane 812005 until David Wertz Enola, P A 17025 Present Toni D. Wertz 310 South Pitt Street 8/2004 until David Wertz Carlisle, P A 17013 8/2005 Toni D. Wertz 602-E Manard Street 8/2003 until David Wertz Camp Hill, PA 17011 8/2004 Toni D. Wertz 104 Summer Lane 5/2003 until David Wertz Enola, P A 17025 8/2003 9. The mother of the children is Defendant, Toni D. Wertz, currently residing at 64-R Winter Lane, Enola, Pennsylvania. She is married. , . . 10. The father of Austin N. DiPofi is Carl Forney, his last known address is 665 South Deodate Road, Middletown, Pennsylvania. He is single. II. The father of Noah T. Wertz is Defendant, David Wertz, currently residing at 64-R Winter Lane, Enola, Pennsylvania. He is married to Toni D. Wertz. 12. The relationship of Plaintiffs to the children is that of maternal grandparents. The Plaintiffs currently resides with the following persons: NAME Christopher DiPofi RELATIONSHIP Son 13. The relationship of Defendant, Toni D. Wertz, to the children is that of mother. The Defendant, Toni D. Wertz currently resides with the following persons: NAME David Wertz Austin N. DiPofi Noah T. Wertz RELATIONSHIP Husband Son Son 14. The relationship of Defendant, David Wertz, to the child, Austin N. DiPofi, is that of stepfather and the relationship of Defendant, David Wertz, to the child, Noah T. Wertz, is that of father. The Defendant, David Wertz currently resides with the following persons: NAME Toni D. Wertz Austin N. DiPofi Noah T. Wertz RELATIONSHIP Wife Stepson Son 15. Plaintiffs have 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. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. . 16. The best interest and pennanent welfare of the children will be served by granting the maternal grandparents regular access to both minor children in the form of partial custody. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiffs, Harold G. DiPofi and Karen F. DiPofi, requests the court to grant them partial physical custody of the minor children, Austin N. DiPofi and Noah T. Wertz. Respectfully submitted, JAMES, SMITH, D1ETIERICK & CONNELLY, LLP Dated: ~ By: Attorneys for Plaintiff (:) ~ -p ~\l ::: \!- VI tI1 \) ~ ~ ~ ~ -- \ <A :::() ~ -L.... ------------ ,. , (..- ',I 'I . ~ ~ (1 , , C-} , c."1 C,) , -'---' ~- ..... - HAROLD G. DIPOFI DIPOFI AND KAREN F: IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6309 CIVIL ACTION LA W TONI D. WERTZ, DAVID WERTZ, AND CARL FORNEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 16, 2005 .. upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before MeRissa P. Greevy, Esq. , the conciliator. at MDJ Mllnlove'sL1J01 Sta!e~t., Camp Hill, P~}701!. on. Fri~ay, Ja...uary 27, 2006 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an efl1Jrt will be made to resolve the issues in dispute; or if this cannot be accomplisbed, to define and narrow the issues to be heard by the eourt, and to enter into a temporary order. All children age flve or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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 hearin~. FOR THE COURT. By: /s/ M~lissa P. Greevy, Esq,.. i/lfV Custody Conciliator ------p' 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 omce. All arrangements must be made at least 72 hours prior to any hearing or business before the cOUli. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~F7-~4w1 ~~.:z~~~ ~; fp :J rnr ~J -P) ViN\f/\l;SNN3d n - c " -c, "'~'^'nO lll" ,'." !"'+""'I I\J.. ~ '. ,1\_.. -, ',,-.,.' .,' ~ 90 :2 Wd 61 330 SOUl I' "'1 C'"'''' 1-" , 3l-LL _JO ^tjv .'f~un...Uca" :J 3JicJ::!O-CElll:l .5:J jl- f; j2J,jIe; 50' /;/ er HAROLD G. DIPOFI and KAREN F. DIPOFI, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. 05-6309 TONI D. WERTZ, DAVID WERTZ and CARL FORNEY, Defendants : CIVIL ACTION - LAW : IN CUSTODY ACCEPTANCE OF SERVICE I, Jason F. Ernest, Esquire, attorney for the Defendants, Toni D. Wertz and David Wertz, accept service of the Order rescheduling the Custody Conciliation Conference on behalf of my clients, Toni D. Wertz and David Wertz. ~~Ol~ Jason . Ernest, E qui e Dir tor of Legal Affairs surance Agents &. Brokers 5050 Ritter Road P.O. Box 2023 Mechanicsburg, P A 17055 (717) 795-9100 ext. 415 Date: January~, 2006 Attorney for Defendants, Toni D. Wertz and David Wertz c_ ~.::J ':.1 \'") ,-.;.- HAROLD G. DlPOFI and KAREN F. DlPOFI, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. 05-6309 TONI D. WERTZ, DAVID WERTZ and CARL FORNEY, Defendants : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF DAUPHIN AND NOW, this 21" day of February, 2006, personally appeared before me, a Notary Public in and for the State and County aforementioned, John R. Zimmerman, who, being duly sworn according to law, deposes and says that a copy of the Custody Complaint and Order rescheduling conciliation conference for Friday, February 24, 2006 at I :30 p.m. was served on the Defendant, Carl Forney, at Lebanon County Prison, by hand delivering a copy to Officer Kathy Barlett on February 2 I, 2006. ~Ii:~ --- Sworn to and subscribed before me this ~ I ~t (If, day of fU'Yi.A.c. (>J(f , 2006. h~1M0~ ~L Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Mana B. laRue, Notal)l Public Derl)l Twp.. Dauphin County My Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notarl.. ',.' (." "7 R'::CE\i/ED M~R 0 61C'~ V Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6309 CIVIL TERM HAROLD G. DIPOFI and KAREN F. DIPOFI, v. CIVIL ACTION - LAW TONI D. WERTZ, DAVID WERTZ, and CARL FORNEY, IN CUSTODY Defendants TEMPORARY ORDER OF COURT AND NOW, this ~ day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Effective March 7, 2006, Austin and Noah shall have custodial time with their maternal grandparents, Harold and Karen Dipofi, each Tuesday, from 5:30 p.m. to 7:30 p.m. 2. Effective March 10, 2006, Austin and Noah shall have custodial time with their maternal grandparents on the second Friday of each month from Friday at 6:00 p.m. until Saturday at 10:00 a.m. 3. The Custody Conciliation Conference shall reconvene on June 2, 2006 at 8:30a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will review how the schedule is working for the children and consider whether any adjustments nee ade. J. Dis\: ,4n J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17044 ~son F. Ernest, Esquire, PO Box 2023, Mechanicsburg, PA 17055 ~rl Forney, 665 S. Deodate Road, Middletown, PA 17057 -.l 1I;~ ...., .. l '.J ,- '1 ., Plaintiffs R.::Cr:IVED MAR 06' "I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6309 CIVIL TERM HAROLD G. DIPOFI and KAREN F. DIPOFI, v. CIVIL ACTION - LAW TONI D. WERTZ, DAVID WERTZ, and CARL FORNEY, IN CUSTODY Defendants 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 THE CUSTODY OF Austin N. Wertz Noah T. Wertz August 27, 2001 May 24, 2003 Mother Mother and Father 2. The parties' first Custody Conciliation Conference was held on February 24, 2006 after having been continued by reason of a hearing scheduling conflict for Plaintiff's counsel. The maternal grandparents filed a Complaint for Custody on December 8, 2005 seeking periods of partial custody with their grandchildren. Attending the Custody Conciliation Conference were: The maternal grandparents, Harold G. DiPofi and Karen F. DiPofi and their counsel, John J. Connelly, Jr., Esquire; the mother, Toni D. Wertz and the Father of Noah, David Wertz and their counsel, Jason E. Ernest, Esquire. The Father of Austin, Carl Forney, Jr. did not attend as he is presently incarcerated in the Lebanon County Prison, where he was served with notice of the Conciliation. 3. The Plaintiffs/Maternal Grandparents and the Defendants/Wertz parents reached an agreement in the form of Order as attached. 4. Mr. Forney's position on custody is as follows: Mr. Forney's position is unknown as he did not attend the conciliation or contact the conciliator's office about the conference. According to both Mother and the maternal grandparents, Mr. Forney has never had contact with Austin. . NO. 05-6309 CIVIL TERM ~j; / D P Date Melissa eel Greevy, Esquire Custody Conciliator :269941