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HomeMy WebLinkAbout06-0800 SAMANTHA ANNE SWEIGART Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 06- CIVIL TERM TIMOTHY PAUL WOLFE, JR., Defendant CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Samantha Anne Sweigart, hereinafter referred to as Mother. Mother's mailing address is 448 Third Street, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Timothy Paul Wolf, Jr., hereinafter referred to Father. Father resides at 319 Third Street - #3, Enola, Cumberland County, Pennsylvania, 17025. 3. Mother seeks primary physical custody ofthe minor children: Name Alaysia Wolfe-Sweigart Present Residence 319 Third Street - #3 En01a, PA Age 7/1/00 DOB, 5 y, years old Bryson Wolfe 448 Third Street EnolaP A 8/6/02 DOB, -3 y, years old Landon Wolfe 319 Third Street - #3 Enola, PA 1/15/05 DOB, I year old The children, Alaysia, Bryson and Landon were born out of wedlock. The children were in the custody of Mother since the parties separated in November 2005. On January 15, 2006, Father came to Mother's home and snatched Alaysia and Landon. He has refused to return the children to Mother's custody and has refused to allow Mother to have contact with those two children. 4. Durring her lifetime, Alaysia has resided with the following persons and at the tollowing addresses: Name Address Date Samantha Sweigart Marian Sweigart Randy Sweigart 445 Third Street Enola, P A birth - 1/01 Samantha Sweigart Timothy Wolfe, Jr. Samantha Sweigart Marian Sweigart Randy Sweigart Samantha Sweigart Samantha Sweigart Bryson Wolfe Samantha Sweigart Bryson Wolfe Samantha Sweigart Bryson Wolfe Samantha Sweigart Bryson Wolfe Landon Wolfe Samantha Sweigart Timothy Wolfe, Jr. Bryson Wolfe Landon Wolfe Samantha Sweigart Bryson Wolfe Landon Wolfe 313 Ridge Street Steelton, P A 1/01 - 6/01 445 Third Street Enola, PA 6/01 - 11/01 West Creek Hills Apartments Camp Hill, P A 11/01 - 8/6/02 West Creek Hills Apartments Camp Hill, P A 8/6/02 - 12/02 312 Third Street Enola, PA 12/02 - 12/04 692 Cumberland PI. Mechanicsburg, P A 12/04 - 1/15/05 312 Third Street Eno1a, P A 1/15/05 - 9/05 448 Third Street Enola, P A 9/05 - 11/05 448 Third Street Enola, PA 11105 - 1/15/06 1/15/06 - present Timothy Wolfe 319 Third Street - #3 Danielle Enola, PA (unknown last name) Danielle's 2 children Bobby Hoffinan Landon Wolfe During his lifetime, Bryson has resided with the following persons and at the following addresses: Name Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Address West Creek Hills Apartments Camp Hill, P A Date Birth - 12/02 312 Third Street Enola, PA 12/02 - 12/04 Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Landon Wolfe Samantha Sweigart Timothy Wolfe, Ir. Alaysia Wolfe-Sweigart Landon Wolfe Samantha Sweigart Alaysia Wolfe-Sweigart Landon Wolfe Samantha Sweigart 692 Cumberland PI. Mechanicsburg, P A 12/04 - 1/15/05 312 Third Street Enola, PA 1/15/05 - 9/05 448 Third Street Enola, PA 9/05 - 11/05 448 Third Street Enola, P A 11/05 -1/15/06 448 Third Street Enola, P A 1/15/06 ~ present During his lifetime, Landon has resided with the following persons and at the following addresses: Name Address Dates Samantha Sweigart 312 Third Street Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Samantha Sweigart Timothy Wolfe, Jr. Bryson Wolfe Alaysia Wolfe-Sweigart birth - 9/05 448 Third Street Enola, PA 9/05 - 11/05 11/05 - 1/15/06 Samantha Sweigart 448 Third Street Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Timothy Wolfe 319 Third Street - #3 Danielle Enola, PA (unknown last name) Danielle's 2 children Bobby Hoffman Alaysia Wolfe-Sweigart 1/15/06 - present 5. Mother currently resides with the following persons: Name Relationship Bryson Wolfe 6, Father lives with the following persons: Name Danielle (unknown last name) Two additional children Bobby Hoffman Alaysia Wolfe-Sweigart Landon Wolfe Parties' Son Relationship Girlfriend Girlfriend's children Roommate Parties'Daughter Parties' Son 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of the children in this or another court. 7. Mother has no information of a custody proceeding concerning the children pending in a court ofthis Commonwealth. 8. Mother does 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. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. Since the children were born, Mother has provided for the children's emotional, physical, educational, financial and medical needs. b. Since the children were born, Mother has been the parent primarily responsible for their daily care. c. Mother has a stable home environment with sufficient room that is safe and appropriate for the daily care of the children. d. Since mid-November 2005, when Father left the home to live with his paramour, Mother has had primary custody of the children. e. Mother is willing to communicate with and work cooperatively with Father to co- parent the children and will encourage father/child relationships with all three children. 10. Father has not acted in the children's best interests in ways including but not limited to the following: a. Father has made no attempt to contact the children since he left to live with his paramour in mid-November 2005. Father's initial contact with the children on December 27, 2005, was because Mother contacted Father for help watching the children. b. Father snatched two of the children, Alaysia and Landon, from Mother's home on January IS, 2006. Father came to the house, Alaysia answered the door while Mother was upstairs with Bryson, and Father took Alaysia and Landon without agreement or discussion with Mother. c. Since January IS, 2006, Father has not allowed Mother to have any contact with Alaysia or Landon. d. Father has demonstrated no concern for the well-being of the children in that he has separated the children without consideration of the fact that they have never been raised apart. e. Father lives with four (4) other people, in addition to the two children he snatched from Mother, in a two-bedroom apartment. There is not sufficient room to house seven (7) people and it is not a safe or healthy environment to raise two young children. f. Father's actions m prohibiting contact between Mother and the children IS detrimental to the mother/child relationship and does not serve the children's best interests. g. Father has an extensive criminal history and was incarcerated on five separate occasions since the children were born. Mother fears that Father's criminal history, his history of incarceration, and the fact that he has never becn a primary caretaker for the children makes him unstable in regard to providing for their daily needs. h. Mother believes that Father and his housemates will soon be evicted. This raises a concern for Father's ability to provide a stable home environment for the children. 12. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Mother requests this Court to order the following relief: 1. That the parties shall share legal custody of the children. 2. That Mother shall have primary physical custody of the children. 3. That Father shall have periods of partial custody at times agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with the children while they are with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with the children during various holidays. 6. Any other relief this Court finds just and equitable. ~ ssi a I, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, samantha Anne sweigart, 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. s4904, relating to unsworn falsification to authorities. " Date: . \' 6 <) CY AD "", 't~ f(':rf~\~ (K~ )ciJ~^jf \ Samantha Anne swei~5rt . SAMANTHA ANNE SWEIGART Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- CIVIL TERM TIMOTHY PAUL WOLFE, JR., Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Timothy Paul Wolfe, Jr., with a Complaint For Custody on q fC/:Jl1lcM-;:) the person and address below: , 2006 by certified mail, return receipt, restricted delivery, to Timothy Paul Wolfe, Jr. 319 Third Street - #3 Enola, P A 17025 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: C} f/hnJa,cy d..nOu.. Signature: ~~) C) ---'I ~ '" I I.,.;.J \() \..D o SAMANTHA ANNE SWEIGART Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- &6iJ CIVIL TERM TIMOTHY PAUL WOLFE, JR., Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Samantha Anne Sweigart, 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 J si a Ho t, Esquire idPenn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 ( -' c. ....y-i :-'.;3 rr': c:~ 1...::; ':'." ":9 'Io.{) SAMANTHA ANNE SWEIGART PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-800 CIVIL ACTION LAW TIMOTHY PAUL WOLFE, JR. IN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Thursday, Fehruary 16,2006 .....__, upon consideration of the attached Complaint, it is hereby directed that pm1ies and their respective counsel appear before Jacqueline M, Verney, Esq. ,the conciliator, at 4th Floor, Cumherlaud County Cou.~!house, Carlisle on Thursday, March 16,2006 at 9:30 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 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 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/ Tacqueline lIf. Ve111ev, .Esq. _-jS$- 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 ,waiJablc to disabled individuals having business beje)re the e(Juli, 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 (7 I 7) 249-3166 . .~ ~ .14' -r I"nr I.&; 1J ~ ?II JZ-" plj/jtt. . . ,Lv, >;1 /y-prtf /" rP F . r,;;{'rmi "-41;; 'f"?} :> '7 !/ F'[I , :::',: ~,i\') eCI '.\\ 1,.)'0 ..... \ fC',",' o \ (u~ ,)",,0 ). \.'- ,'IV .1/ . (' ~i() 1/ r djrl ]I! e JUL 2 6 2U1llif SAMANTHA ANNE SWEIGART,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-800 CIVIL ACTION - LAW TIMOTHY PAUL WOLFE, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of July, 2006, the parties having failed to appear at three scheduled conferences, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, It/, Conciliator ) ? ~; r Cil"'17 ,. Jut (" :];-11 -jij .:'