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Home My WebLink About06-1967 TOMASKO & KORANDA, P.c. By: Michael A. Koranda, Esquire PA ill #58808 219 State Street Harrisburg, P A 1710 1 Phone: (717) 238-1100 rnkoranda@t-klaw.com Attorneys for Plaintiff TIMOTHY A. WOOD, SR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. HEATHER E. SPECK, Defendant. CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY NOW COMES, the Plaintiff, Timothy A. Wood, Sr., and complains to this Honorable Court as follows: I. Plaintiff, Timothy A. Wood, Sr., is an adult individual residing at 31 Northview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Heather E. Speck, is an adult individual residing at 53 Magaw Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Timothy A. Wood, Jr. 53 Magaw Road Enola, P A 17025 3 (DOB: 3/9/03) Tristan M. Wood 53 Magaw Road Enola, P A 17025 1 (DOB: 5/28/05) The children were born out of wedlock. The children are presently in the custody of Defendant, who allegedly resides at 53 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses List All Dates Defendant and others Multiple Addresses Multiple Dates Plaintiff and Plaintiff s Wife 31 Northview Drive Carlisle, P A 17013 8/7/05 to 4/2/06 Defendant and others 53 Magaro Road EnoJa, PA 17025 4/2/06 to present The mother ofthe children is Defendant, currently residing at 53 Magaro Road, Enola, P A 17025. She is unmarried. The father of the children is Plaintiff, currently residing at 31 Northview Drive, Carlisle, PA 17013. He is married. 4. The relationship of Plaintiff to the children is that ofnaturaJ father. Plaintiff currently resides with Nichole Wood, his wife, and Alexis Wood, their daughter. 5. The relationship of Defendant to the child is that of natural mother. Defendant resides with the children and other relatives. 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has -2- physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting primary physical custody to Plaintiff in that: a. Plaintiff is better able to provide for the physical, intellectual, moral and spiritual well-being of the children; b. Defendant has a long history of substance abuse problems resulting in a lengthy criminal history and several recent periods of incarceration; c. Defendant has in the recent past left the children in the care and custody of a known and registered sex offender; d. Defendant has in the recent past committed a number of crimes involving untruthfulness, deceit and dishonesty, including but not limited to forgery, identity theft, and various types of theft; e. Defendant frequently changes residences and has failed and/or refused to provide a stable environment in which to care for and raise the children; f. On April 2, 2006, shortly after Defendant's parol from prison and alleged completion of inpatient substance abuse treatment, she removed the children from Plaintiffs custody without Plaintiffs permission and consent, and has subsequently refused to allow Plaintiff to have any contact with the children. 8. Each parent whose parental rights to the children have not been terminated have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff, Timothy A. Wood, Sr., respectfully requests the Court to grant custody of the children. -3- Respectfully submitted, TOMASKO & KORANDA, P.c. 219 State Street Hanisburg, PAl 7 I 0 1 Telephone: (717) 238-1100 By: ~d MICHAEL A. KORANDA PAID #58808 VERIFICATION I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of1S Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: '( -c; -0'(; - , .1: 1 / , /~ j/v~ '-',r - / (~. . TIMOTHY A. WOOD, SR. ~ S( ~. ~~ - " --J ~ "" .t:.. '-'\ .J ~';, --CJ ~ , \) 0\ '0 , & \) -' ~ ~ '0 ~ '" .' ..... ....... "- ~ ~ ~ ~ \~ ~.. [~ ~ 't \;.., ~ ~ .------ ,') " ...,' c..:'\ ,) r., . .':~ . .--- (..., - . TOMASKO & KORANDA, P.C. By: Michael A. Koranda, Esquire PA ill #58808 219 State Street Harrisburg, PA 17101 Phone: (717) 238-1100 mkoranda@t-klaw.com Attorneys for Plaintiff TIMOTHY A. WOOD, SR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Petitioner, v. NO. HEATHER E. SPECK Respondent. CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 NOW COMES, the Plaintiff, Timothy A. Wood, Sr., and petitions this Honorable Court as follows: 1. Petitioner, Timothy A. Wood, Sr. (hereinafter, "Father"), is an adult individual residing at 31 Northview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Heather E. Speck (hereinafter, "Mother"), is an adult individual with a last known address of 53 Magaw Road, Eno]a, Cumberland County, Pennsylvania 17025. 3. Father and Mother are the natural parents ofthe following minor children: Timothy A. Wood, Jr., born March 9, 2003, and Tristan M. Wood, born May 28, 2005. 4. There is no order of Court or written agreement between the parties regarding custody of the children. 5. Father had physical custody of the children from August 7, 2005, to April 2, 2006, t due to Mother's incarceration. Prior to that time, Father and Mother shared physical custody of the children. 6. Mother has a long history of substance abuse resulting in several recent periods of incarceration. 7. Mother has in the recent past been convicted of a number of crimes involving untruthfulness, deceit and dishonesty, including but not limited to forgery, identity theft, and various other types oftheft. 8. Mother has in the past left the children in the care and custody of a registered sex offender. 9. Mother has no fixed residence or place of employment. 10. On April 2, 2006, shortly after Mother's parol from prison and alleged completion of inpatient substance abuse treatment, she removed the children from Father's custody without his permission and consent. 11. Family members were eventually able to contact Mother by telephone, and Mother agreed to return the children to Father later that day. 12. When Father arrived to pickup the children, Mother indicated that she was going to keep the children overnight and would drop them off at the residence ofthe paternal grandmother the next day. 13. Mother failed to return the children to the paternal grandmother as promised. 14. Mother has also refused to allow Father to have any contact with the children. ] 5. Mother will not return any of Father's messages inquiring as to the well-being of the children or their present location. -2- . 16. Given Mother's long history of substance abuse, together with her recent actions, Father believes, and therefore avers, that the children are in eminent danger of serious neglect and/or abuse. 17. Contemporaneously with the filing of the instant Petition, Father is filing a Complaint for Custody of the children. 18. Father respectfully requests that this Court grant him primary and exclusive physical custody of the children pending disposition of the aforesaid Complaint for Custody. WHEREFORE, Petition, Timothy A. Wood, Sr., respectfully requests that this Honorable Court to grant him primary and exclusive physical custody of Timothy A. Wood, Jr., born March 9,2003, and Tristan M. Wood, born May 28, 2005, pending disposition of his contemporaneously-filed Complaint for Custody or further order of Court. Respectfully submitted, TOMASKO & KORANDA, P.c. 219 State Street Harrisburg, P A 1710 1 Telephone: (717) 238-1100 B' MICHAEL A. KORAND P A ill #58808 VERIFICATION I verifY that the statements made in the attached PETITION are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties ofJ8 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: '!. ') -(J G - A.A I . ,_~_ ~ .S/-. TIMOTHY A. WOOD, SR. , ~ V'\. r-',--' (,',:.., . -J \j (J. 'l. ,. " :--::1 ~.. , 1.,_. " " ~ ~ ! -- U~ .J 'rs 't> --:1 S-- ~ ~ J~~. <,. , .. I " ~ :n -...j - , r....,) .< '\ f .. RECEIVED APR 0 C 20cb t/ TIMOTHY A. WOOD, SR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, v. NO. (Ji; - /~? '7 '.' ? Cud HEATHER E. SPECK, Respondent. CIVIL ACTION - CUSTODY ORDER AND NOW, T},uf(!.. PI f1~, 'L fLJ ,2006, upon consideration of the , ~ A1>"'~ -) f1Ad . ..r attached Petition for Emergency ReJiefPursuant to Pa. R.C.P. 1915.13, tll.il P.t:l:8~ ~ A ....... ,; ~_~..~:~ t... w"~ -.~fd I ~, ~ :>CI6b I (J,'IJO "". G:: ;;c.;;.~'~"'-:'i:t" "4-"ff ~ m~"~ __ . phy~lcal ellS! ()f' h)' A UTg , Jr., bin'i-1\im<:h 9, 2003, m~a TristaH ~t UTQQQ, hntIJ. May .2~, ?nn\ ppn..1ine rlisposition of his contempoqn()oll~ly-fjlerl ('ompl~iJ1t for ('"storly or furthel lHd"'l v[ Coun. \ BY THE COURT, .1 I~.. '-.-.... . .' - .~ , J. S : II! "J ~ , ., ~ TIMOTHY A. WOOD, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1967 CIVIL ACTION LAW HEA THER E. SPECK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Thursday, April 06, 2006 , upon consideration ofthe attached Complaint. it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4thl'~o()r,.c:.nlll",,~land County Courthouse, Carlisle on Tuesday, May 02, 2006 at 10:30 AM for a Pre-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot bc accomplished. to definc and narrow the issucs to be heard by the court, and to enter into a temporary order. All children age live or older may also bc present at the conference. Failure to appcar 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: fsf ac ueline M. Verne Es 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 oftice. 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 Bedf()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _ fJJ" c4;r<'1tffp;''Y .",~ p:?PJd 4v(1/ 'JrJ {. j? ,;N ~ /",{o/'7~1 Pjb?ti, 0/ rJ. (.J; ~ ~ ~W' 4,; >f~7 -7r.Ji/7 OO:C "d L- C;::~7 "",,;v HEATHER ELIZABETH SPECK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1957 CIVIL TERM TIMOTHY WOOD, Defendant IN CUSTODY TIMOTHY A. WOOD, SR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1967 CIVIL TERM v/ HEATHER ELIZABETH SPECK, Respondent IN CUSTODY ORDER OF COURT AND NOW, this 12th day of April, 2006, these matters are consolidated at 06-1957 Civil Term for all future purposes. Edward E. Guido, J. Grace D'Alo, Esquire For Heather E. Speck Michael A. Koranda, Esquire For Timothy A. Wood, Sr. srs \,\,D~ O~\ tlochul ~ ~ TIMOTHY A. WOOD, SR., Plaintiff SEP 2 9 Z006 ~~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1967 CIVIL ACTION LAW HEATHER E. SPECK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 29th day of September, 2006, the Conciliator not being contacted for 90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, t!1~ y Conciliator ~ <g!. o c-> .;.-\ \ N ~ ~ ::r;-n (n(': -(1 \!J; '~,:'~?),t) ..-.'...,.....> ~;~t~! :~ ,.,:,.C) >.,.. \" ':2\ '.;2' ~ -t) :;:: e,..) .' ~ N