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Home My WebLink About05-6781 !I The Court of Common Please of Cumberland COWlty 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. You must attend he scheduled conference or heming. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEOPHONE THE OFFICE SET FOR THE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CRAIG LEE MOTTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 0::: - (,7 fr CU.':'~ -r;..... WENDY KAY HECK, Defendant CIVIL ACTION - AT LAW - IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Craig Lee Motter, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., seeks to obtain custody of his minor child and makes the following averments in support thereof: i. The Plaintiff is "Father", Craig Lee Motter, and is an adult individual who currently resides at 4821 Franklin Street, Harrisburg, Dauphin County, Pennsylvania l71li. 2. The Defendant is "Mother", Wendy K. Heck is an adult individual who currently resides at 7113 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. There is one dependent child to this marriage as follows: Justin Lee Motter, born May 13, 1989 (age 16). The child resides with his father at 4821 Franklin Street, Harrisburg, Pennsylvania (as of December 26,2005). 4. The child was not born out of wedlock. 5. Plaintiil'seeks primary physical custody of the child. 6. During the past five years, the child has resided with the following persons at the following address; Dates: Addresses: List All Persons: 1998 317 Willow Road Harrisburg, P A Mother, Wendy K. Heck Stepfather, Craig Heck Stepbrother, Matthew Heck 12/26/05 - present 4821 Franklin Street Harrisburg, PA 17111 Mother, Wendy K. Heck Stepfather, Craig Heck Stepbrother, Matthew Heck Stepsister, Jennifer Heck Father, Craig Motter Stepmother, 1998 - 12/26/05 7113 Salem Park Circle Mechanicsburg, PA 17055 7. The Mother of the child is the Defendant, currently residing at 7113 Salem Park . Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is re-married. 8. The Father of the child is the Plaintiff, cWTently residing at 4821 Franklin Street, Harrisburg, Pennsylvania. He is re-married. 9. The relationship of Plaintiff to the children is that of natural father. He currently resides with his wife. 10. The relationship of Defendant to the child is that of natural mother. She currently resides with stepfather and two step children. II. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff 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 lights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested, because; a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue custody of the child. II c. Child wishes to live with father. 15. 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 parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Respectfully submitted, Date: December 28, 2005 MlI'rl' L arkley, Esquire La'w Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 84745 Tel. (717) 763-1800 II CRAIG LEE MOTTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. WENDY KAY HECK, Defendant : CIVIL ACTION - AT LA W - IN CUSTODY VERIFICA nON I verify that the statements made in this Complaint 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: December 28, 2005 ,~,"'.'-'~' ~._..__....-_... -, .. .~-{Zl: / // / C . g 1.. Motter I' , I CRAIG LEE MOTTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. WENDY KAY HECK, Defendant CIVIL ACTION -AT LAW -IN CUSTODY CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing Complaint for Custody upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Wendy K. Heck 7113 Salem Park Circle Mechanicsburg, PA 17055 Respectfully submitted, Date: December 28, 2005 // M lin . arkley, Esquire Law Office of Patrick F. Lauer, Jr., LLC 2108 Mark Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 84745 Tel. (717)763-1800 ~ \'\.J t C) ? -:.\ "-0 "" -:;\ , -- '" -..., j:, r- ~ .....::. ... v- I..) C) ..., C'".~ C,;:. L'l ~< c f"'( ("'J o -n :? -'c-1'1 {lIfe:; ::J ~~i (--, , J ~_I:! > \.) )n. -\ :-~': ,} -< P.' \.-0 ~",-',., "..1 f-J CRAIG LEE MOTTER PLAINTiFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6781 CIVIL ACTION LA W WENDY ](A Y HECK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Friday, January 06, 2006 _._.' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hcforc Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Me,,-hanics"lIrK,_P'LI70~s........ on ~Iue~d~r,.~~bEllary07, 2006 _ ___ at 10:00 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 deline 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 penn anent 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;~__ Dawn S. Sunday. Es~____ Custody Conciliator '1'" 1 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 disahled individuals having business before the court, please contact our ot1ice. 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 HA VE 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 32 South Bedford Street Carlisle, Pcnnsylvania 170 i 3 Telephone (717) 249-3 i 66 -7,} e7/ ' I J}!l.:]1 . I -11.7 <11 'I' ~~.;p! 1- tf!1,v1Ir.11J:.YU, __)frl' /1l~ ?:~tL, nnv/5 fJP ~ ~,,41/ ~J. }-1?? r (~ . I ! 1 \ :: ~:l .:,. >: O I .,.,~ -j" " nii 'J\r: j~ ,---/-.~----- , -. ) CRAIG LEE MOTTER Plaintiff -, 'zj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 05-6781 CIVIL ACTION LAW WENDY KAY HECK Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17.fh day of p~ , 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The Father, Craig Lee Motter, and the Mother, Wendy Kay Heck, shall have shared legal custody of Justin Lee Motter, born May 13, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofthis paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child on alternating weekends from Thursday after work at approximately 2:15 p.m. through Sunday at 7:30 p.m. and during the interim weeks from Thursday after work at approximately 2: 15 p.m. until between 7:00 and 8:00 p.m. In the event the Child is unable to complete his cyberschool classes/assignments on the computer at the Mother's residence due to limitations of technology, the Mother's weekend periods of custody shall begin on Friday at 3:30 p.m. rather than on Thursday and the Mother shall have custody of the Child every Thursday evening from 2:15 p.m. through between 7:00 and 8:00 p.m. The Mother's periods of weekend custody shall begin on Thursday, February 16,2006. 4. The Father shall notify the Mother within one week from the date of the custody conciliation conference as to whether the Child can participate in cyberschool at the Mother's residence. 5. The parties shall continue to share having custody of the Child on holidays as has been their practice in the past. 6. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The purpose ofthe counseling shall be to enable the Child to discuss and address concerns relating to family, school and other issues with a trained neutral third party. The parties shall select the counselor and contact the counselor's office I '. within two weeks from the date of the custody conciliation conference in order to schedule the first session. The Father shall be responsible to pay 75% and the Mother shall be responsible to pay 25% of any costs of counseling which are not covered by insurance. 7. This Order is entered pursuant to an agreement of the parties at 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. BYT J. cc: Marlin L. Markley, Esquire - Counsel for Fathe1 WendyKayHeck,Mother J)->1-6~ ~ .~ JL/5 \ \):8 ! \ ~;, n4 ~ v <--_1.:1 .. CRAIG LEE MOTTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-6781 CIVIL ACTION LAW WENDY KAY HECK Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report; I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Lee Motter May 13, 1989 Father 2. A custody conciliation conference was held on February 7, 2006, with the following individuals in attendance: The Father, Craig Lee Motter, with his counsel, Shana Pugh, Esquire (who appeared for Marlin L. Markley, Esquire) and the Mother, Wendy Kay Heck, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. /-:< ?}/vo-'-! f; j ()t.)(k' Date ~",~~xL ",{' "ij Dawn S. Sunday, Esquire ' Custody Conciliator