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HomeMy WebLinkAbout06-0149 DANIEL TRAVIS WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06- 1'19 CIVIL TERM MELISSA LEANN ALWARD, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Daniel Travis Wolfe, hereinafter referred to as Father. Father resides at 114 Fayette Street, Shippensburg, Cumberland County, Pennsylvania, 17257 but has a mailing address of 411 Westover Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Melissa Leann Alward, hereinafter referred to as Mother. Mother resides at 1103 Grenada Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father seeks partial custody of the minor child: Name Trinity Wolfe Present Residence Age 1103 Grenada Lane 7/1/02 DOB, 3 yrs old Mechanicsburg, P A 17055 Trinity, was born out of wedlock. Trinity is presently in the custody of Mother. During her lifetime, Trinity has resided with the following persons and at the following addresses: Name Address Date Daniel Travis Wolfe Melissa Leann Alward The Brooks Apt Complex Harrisburg, P A Birth - 10/02 Melissa Leann Alward William Alward Cindy Alward "Buddy" Alward 1103 Grenada Lane Mechanicsburg, P A 10102 - present The parties are currently separated. 4. Mother currently resides with the following persons: Name William Alward Cindy Alward "Buddy" Alward Trinity Wolfe Relationship Trinity's Grandfather Trinity's Grandmother Trinity's Uncle Child with Father 5. Father currently resides with the following persons: Name Relationship Justin Keeney KhaiPham Matt Fossil Roommate Roommate Roommate 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Trinity in this or another court. 7. Father has no information of a current custody proceeding concerning Trinity pending in a court of this Commonwealth. S. Father does not know of a person not a party to the proceedings who has physical custody of Trinity or claims to have custody or visitation rights with respect to Trinity. 9. The best interest and permanent welfare of Trinity will be served by granting the relief requested for reasons including, but not limited to the following: a) When Trinity was born, she lived with Father and Mother in their home. Father participated in daily childcare activities and spent time caring for Trinity. b) Father's parents, Trinity's grandparents, will allow Father to exercIse his periods of partial custody at their home. This home is a safe, stable, family environment where Trinity can spend time with her Father and her relatives from his side of the family. c) Father is gainfully employed and pays child support for Trinity and he is committed to providing for Trinity's needs. d) Father has access to all the items necessary to care for Trinity while she is with him, including car seats, high chairs, clothing, diapers, bottles, cribs, and other such items. e) Father is willing to work with Mother to co-parent Trinity and will communicate with Mother to best serve Trinity's interests. t) Mother has not acted in Trinity's best interest in ways including but not limited to the following: i) Mother unilaterally and arbitrarily decided that Father could no longer visit with Trinity despite the fact that when the parties lived together, Father was actively involved with Trinity's daily care. ii) Mother has provided no explanation for preventing visits between Father and Trinity. This is detrimental to the father/daughter relationship and does not serve Trinity's best interests. iii) Despite her refusal to allow Father to spend time with Trinity, she allows Trinity to call Father and speak to him by telephone every few months. Trinity refers to Mr. Wolfe as her "daddy" and she knows who he is. To continue to prevent Father and Trinity from developing a personal relationship negatively impacts Trinity's ability to develop relationships with her Father and her extended family members. 11. Every person with rights to custody or having actual physical custody of Trinity has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Trinity. 2) Grant Mother primary physical custody of Trinity. 3) Grant Father periods of partial custody as follows: 1. For a period of one month, visits every Sunday for four (4) hours. 2. Upon completion of the first month of visits, for a period of one month, visits every Sunday for eight (8) hours. 3. Upon completion of the second month of visits, for an overnight visit every Sunday to Monday when Father will return Trinity to daycare. 4. Upon completion of the third month of visits, alternating weekends from Saturday morning until Monday morning, when Father will return Trinity to daycare. 4) Establish a holiday schedule so that both parties can spend time with Trinity on holidays. 5) Any further relief that this Court finds to be just and proper. Jes lC olst, Esquire M'd Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, DANIEL TRAVIS WOLFE, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: o~/ /J:J /0 (p / 1" /. 'd:. ' )_ 0 1/1./....-/ ,-- Daniel Travis wdTfe DANIEL TRAVIS WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- CIVIL TERM MELISSA LEANN ALWARD, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Melissa Leann Alward with a Complaint For Custody on /anti q , 2006 by certified mail, return receipt, restricted delivery, to / the person and address below: Melissa Leann Alward 1103 Grenada Lane Mechanicsburg, P A 17055 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 14/)/W'II/ q J WI I Si~rure -/lJ !\ ~ r-" <- ';;.~ ::J ':I"'"j I \.0 ;::..... .,."} n r...; .D .< o DANIEL TRAVIS WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA v. : NO. 06- 1'-14 CIVIL TERM MELISSA LEANN ALWARD, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Daniel Travis Wolfe, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jess' a olst, Esquire Mi enn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 "'-'I C) --i-I ~.- ~,;:;~ '" I \..0 I.':::: r",.) .'-~ DANIEL TRAVIS WOLFE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-149 C[VIL ACTION LAW MELISSA LEANN ALWARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Tuesdll~ January 17,_~.o.!l.6_______, upon considcration of the attached Complaint. it is herehy directed that parties and their respective counsel appear heforc .Jacqueline M. Verney, Esq. . the conciliator, at ~th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 07, 2006 at 10:30 AM for a Prc-Hearing Custody Conference. At such conference, an effort will he made to resolve the issues in dispute; or if this cannot be accomplished. to deline and narrow the issucs 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 hearinl!. FOR THE COURT. By: /s; facqueline M. Verney, ESCf.---rfl- 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 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, Pennsylvania 17013 Telephone (71 7) 249-3166 . vi' k-;1 &r - ~ 4; ~oN ( rfP ):. ~ "'1"il. 10 J/ I :; J f.;1f"'" ~ p9 .c $II ".i' 7:: .~J ..'^J '>J O! ' 1.:1 I. ::iil Xi ~- . t - , ) RECEIVED FEB 2 'i 2~1~ cr DANIEL TRAVIS WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant IN CUSTODY ORDER OF COURT ~ AND NOW, this 1.. ~ day of t t.-~h)fAl"l ' 2006, upon consideration of the attached Custody Conciliation Report, is ordered and directed as follows: I. The Father, Daniel Travis Wolfe and the Mother, Melissa Leann Alward, shall have shared legal custody of Trinity Wolfe, born July 1,2002. 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 her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custodylvisitation of the child: A. Beginning Sunday, March 5, 2006, supervised visitation for a period oftwo (2) hours every other week, said visitation to occur at Mother's home with Mother supervising. Said times shall be from 3:00 p.m. to 5 :00 p.m. Grandparents may be present during said periods, but shall not interfere with Father's visitation. B. Following two such supervised visitations at Mother's home, and continuing the alternating weekend schedule except for Easter, Father shall have supervised visitation with the child for two (2) hours at a mutually agreeable neutral location with Mother supervising. The times shall be 3:00 p.m. to 5:00 p.m. unless otherwise agreed by the parties. In the event that the parties cannot agree on a neutral location, the location shall be the McDonald's on Walnut Bottom Road, Carlisle. Grandparents may be present during said periods, but shall not interfere with Father's visitation. 4. Father shall enroll in a skilled parenting program as soon as practicable and provide documentation to his counsel verifying enrollment. Counsel for Father shall share the documentation with opposing counsel. , - , 5. Father shall not consume alcohol or illegal substances within 12 hours of or during his visitation with the child. 6. The parties shall exchange addresses and telephone numbers in order to provide information regarding the child. 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. Another Custody Conciliation Conference is scheduled for May 1,2006 at 9:30 a.m. BY THE COURT, ~l. u.\~J cc: Jessica Holst, Esquire, Mid Penn Legal Service , Counsel for Father John A. Abom, Esquire, Counsel for Mother 5-~t---ciR ~ -4/)~ J1i5 ! :0\ \'."! ''''" \"'1,\ . -,'.' " ..... l"''::rEIVJ:'D rr~ ". (\c~- ,_ /LVI.I,,_ y DANIEL TRAVIS WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant : 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trinity Wolfe July I, 2002 Mother 2. A Conciliation Conference was held in this matter on February 24, 2006, with the following in attendance: The Father, Daniel Travis Wolfe, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Melissa Leann Alward, with her counsel, John A. Abom, Esquire and Kara Haggerty, Esquire. 3. The parties agreed to an Order in the form as attached. ,;<-.;t L(#, Date '~~ )f,t~ </.fac eline M. Verney, Esquire Custody Conciliator DANIEL TRAVIS WOLFE, Plaintiff : IN THE COURT OF COM : CUMBERLAND COUNTY, PENNSYLVANIA 't VEn MAY 0 2 2006 d" 7 ...... v. : NO. 2006-149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant IN CUSTODY ORDER OF COURT AND NOW, this '" \10, day of M " Y , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 28, 2006 shall remain in full force and effect with the following modifications: 2. Paragraph 3 shall be deleted in its entirety and replaced with the following: A. Beginning Sunday May 7, 2006 Father shall have periods of supervised visitation on alternating Sundays for three hours at times and location as agreed by the parties. This shall continue for three alternating Sundays or until Father has completed two sessions of his skilled parenting program. B. Once Father has participated in two sessions of his skilled parenting program, Father shall have supervised visitation on alternating Sundays with his parents as the supervisors for four hours at times as agreed by the parties. This shall continue for three alternating weekends. C. Following three alternating Sundays supervised by Father's parents, Father shall have three unsupervised Sundays for four hours at times as agreed by the parties. 3. Transportation shall be shared such that the receiving party shall transport. 4. 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. Another Custody Conciliation Conference is scheduled for September 1,2006 at 9:30 a.m. BY THE COURT, ~ t wr. c~ssica Holst, Esquire, Mid Penn Legal Services, Counsel for Father ~ A. Abom, Esquire, Counsel for Mother V'lN'lfA1ASNN3d A.lNf1o:J Ct.iI"f1H38i'lnO SO :01 WV g- AVW 900Z AtlV10NOHLOCld 3Hl .:10 3QI:!jO{J311.:l - DANIEL TRAVIS WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006.149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191503-8, 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 Trinity Wolfe July 1,2002 Mother 2. A Conciliation Conference was held in this matter on May 1,2006, with the following in attendance: The Father, Daniel Travis Wolfe, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Melissa Leann Alward, with her counsel, John A. Abom, Esquire. 3. The Honorable M. 1. Ebert, Jr. entered an Order of Court dated February 28,2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of visitation. 4. The parties agreed to an Order in the form as attached. ~-(-o~ Date ~,~t2,<~ . q line M. Verney, Esquire Custody Conciliator DANIEL TRAVIS WOLFE, Plaintiff RECEIVED' SEP 0 5 2006 BY; ,,~ : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSYLVANIA :; .. .'....... V. : NO. 2006-149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant IN CUSTODY ORDER OF COURT \" AND NOW, this ~ day of & t.~~.... \0 r....{ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 28, 2006 and May 4, 2006 are hereby vacated 2. The Father, Daniel Travis Wolfe and the Mother, Melissa Leann Alward, shall have shared legal custody of Trinity Wolfe, born July 1, 2002. 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 her health, education and religion. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent, and the telephone number of each 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. Both parents shall be entitled to full participation in all educational and/ medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Father shall assure that the child attends Mass during his periods of custody. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: .....,. A. Beginning Sunday September 10,2006 Father shall have periods of supervised visitation on alternating Sundays for four hours at times as agreed by the parties. Father's parent[s] shall be the supervisor. This shall occur for two such visitations. B. After two such visitations have occurred, then two unsupervised periods of four (4) hours each on alternating Sundays at times agreed by the parties. C. After two such periods of partial physical custody for four hours, then two unsupervised periods of eight (8) hours each on alternating Sundays at times agreed by the parties. D. After two eight (8) hour periods of unsupervised custody, then on an alternating weekend basis from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. This is to continue for two months. E. After the "short" weekends have occurred for two months then Father shall have physical custody on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. for one weekend per month to coincide with Father's work schedule and from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. for one weekend per month. F. During Father's overnight custody, the child shall sleep at paternal grandparents' residence. 5. The parties shall discuss holidays and each shall get a block of time with the child around the holiday thereby allowing for out-of-town family visits. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party shall partake in alcohol to the point of intoxication or illegal drugs immediately before or during their periods of custody. 8. 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. Another Custody Conciliation Conference is scheduled for September 1, 2006 at 9:30 a.m. BY THE COURT, \-t J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Father John A. Abom, Esquire, Counsel for Mother 4--f--o~ ~ ~ ~ (J4S ViNWClA8;,JN3d )J. ~I(l(~~. . .' ''''~:^'nl'\ j'" ,....' ....~v vI v as : II !'N 8- d3S gOal A:.J'..II (',1\.;";',' i (\".!d :lHl .JQ lJV_VI ",,,,,~l 11.-..../,_I....J :J 3~)i:':lO-Ojll:1 ..J .~~-,. DANIEL TRAVIS WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-149 CIVIL ACTION - LAW MELISSA LEANN ALWARD, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trinity Wolfe July 1, 2002 Mother 2. A Conciliation Conference was held in this matter on September 1, 2006, with the following in attendance: The Father, Daniel Travis Wolfe, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Melissa Leann Alward, with her counsel, John A. Abom, Esquire. 3. The Honorable M. L. Ebert, Jr. entered Orders of Court dated February 28,2006 and May 4,2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of visitation. 4. The parties agreed to an Order in the form as attached. q - I -O~ Date ) ~~ ~erneY,E> Custody Conciliator