Loading...
HomeMy WebLinkAbout95-01165 .... . . "',,"~f\" )2;';;i i,". 'J~I f,' J '.~ ":~'" ry~'8". ..... a~'~,~ ~j~. ,""v....tI\U'~--..;..>,~~, I~l .-, P, I I ._, f){.r :.ir ;/1;' ' ~. .-. ~. ,...:' ....... .. ,I! I ~TJf:..~~~:~~ ., -'1, {.:,;" . "I, ,~:;,t-:(~ ~~f~;: Y41,.," ~~i: , m;t ~F:~ ,.'. e;;:: ;~.~:-,: ,- """",0 ;\;'3 ',. ~i;" ~ ;;)JI''/;',,';';: ' ~:jL_~'::;_:; .' ~~~f~&F ~i~f~r', ~~.. ,..' ~~r ',.- - ~f l.() _.9 - .- o Z '-\ .~ CHRISTOPHER J. COUCH, Plaintiff IN THE COURT OF COMMON PLEM OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CiS _ IllD.'J CIVIL TERM CIVIL ACTION - CUSTODY OF : MINOR CHILD v. MELISSA A. WOLFE, Defendant COMPLAINT FOR CUSTODY OF MINOR CHILD AND NOW, comes the Plaintiff, christopher J. Couch, by his attorneys, Snelbaker & Brenneman, P. C., who states the fOllowing cause of action: 1. Plaintiff christopher J. Couch is an adult individual residing at 429 Hertzler Road, Mechanicsburg, Cumberland county, Pennsylvania. 2. Defendant Melissa A. Wolfe is an adult individual presently residing at 13 Water street, Franklintown, York county, Pennsylvania. 3. plaintiff seeks custody of the following child: l!AM.I;"; PRESENT RESIDENCE ~ Dustin James Couch 13 Water street, Franklintown, PA 1 year Dustin J. couch was born out of wedlock and is presently in the custody of the Defendant at the address indicated in paragraph 2, above. During the last five (5) years, the child resided with the LAW O"lcr. SNELDAKER 6 BRENNEMAN . .... -.- ...... .- j " .~., ..' ;, ,.. ': ,.... - -- _. . .. ' " " following persons and at the following addresses: PERSONS Plaintiff and Defendant ADDRESSES 429 Hertzler Road Mechanicsburg, PA DATES I From birth (3/12/94) to February 12, 1995 Defendant, Shirley Wolfe (child's grandmother) and John Wolfe (child's uncle) 13 Water Street Franklintown, PA February 12, 1995 to present The mother of the child is Defendant, who is currently residing at 13 Water Street Franklintown, Pennsylvania. Shc is not married. The father of the child is Plaintiff who resides at the address indicated in paragraph 1, above. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: .tffiM..f; N/A RELATIONSHIP N/A 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: .tffiM..f; RELATIONSHIP Grandmother of child Uncle of child Shirley Wolfe John Wolfe u,w or'len SNELDAICER 6 BRENNEMAN 6. Plaintiff has not participated as a party or witncss or in any other capacity in other litigation concerning custody of -2- '. the child in this or any other court. Plaintiff has no information of any custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the parties' child will be best served by granting the Plaintiff partial physical custody of the child in a stable home environment which Plaintiff can provide. B. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the " i' I . pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Christopher J. Couch requests this Court to grant him partial physical custody together with shared legal custody of the parties' child, Dustin J. Couch. By: SNELBAKER & BRENNEMAN, P. C. ~" 44 West Main street Mechanicsburg, PA 17055 (717) 697-B528 Attorneys for Plaintiff LAW o.."eu SNElDAKER A BRENNEMAN Date: March J, 1995 -3- \li OJll_;Y (' Ll L\ .J./ r;(c l{ f~ LL ;Y,) (l J I v. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. q 6 __ \ llo!J CIVIL TERM CIVIL ACTION - CUSTODY OF MINOR CHILD I , , I I I I i I,: CHRISTOPHER J. COUCH, plaintiff MELISSA A. WOLFE, Defendant ORDER AND NOW, this Cr(~ day of IVJet(, It , 1995, upon consideration of the attached complaint, it is hereby directed thatr-f:he parties and their respective counsel appear before )CU__l.lt) '" \.,,,,!r.'/ , Esquire, the conciliator, at r L' _ (Vh,',h ){-. ~. r ~"v..l.\(' , pennsYlvaniA on the. thdayof pl'. , ,1995, at o'clock .M. for a pre-Hearing custody conference. At such conference, un effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE yOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-33B7 (717) 240-62B5 FOR THE COURT, , ~ .t~vJ ustody By: .,.,.\ LAW O"ICr.. SNELnAt;ER a BREtWEMAN v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qs - Ilto.5 CIVIL TERM CIVIL ACTION - CUSTODY OF MINOR CHILD CHRISTOPHER J. COUCH, Plaintiff MELISSA A. WOLFE, Defendant COMPLAINT FOR CUSTODY OF MINOR CHILD AND NOW, comes the Plaintiff, Christopher J. Couch, by his attorneys, Snelbaker & Brenneman, P. C., who states the following cause of action: 1. Plaintiff Christopher J. Couch is an adult individual residing at 429 Hertzler Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Melissa A. Wolfe is an adult individual presently residing at 13 Water street, Franklintown, York county, Pennsylvania. 3. plaintiff seeks custody of the following child: l!A!1r; PRESENT RESIDENCE ME Dustin .James Couch 13 Water street, 1 year Franklintown, PA Dustin J. Couch was born out of wedlock and is presently in the custody of the Defendant at the address indicated in Paragraph 2, above. During the last five (5) years, the child resided with the LAW o,.r'cu SNELDAKER A BRENNEMAN . ' I' "'f)' \ "'......""""""'" . ~. . . . _-':::=..~=',~-:--' ":' following persons and at the following addresses: PERSONS Plaintiff and Defendant ADDRESSES DATES From birth (3/12/94) to February 12, 1995 February 12, 1995 to present 429 Hertzler Road Mechanicsburg, PA Defendant, Shirley Wolfe (child's grandmother) and John Wolfe '(child's uncle) 13 Water Street Franklintown, PA The mother of the child is Defendant, who is currently residing at 13 Water Street Franklintown, pennsylvania. Shc is not married. The father of the child is Plaintiff who resides at the address indicated in Paragraph 1, above. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME N/A RELATIONSHIP N/A 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: tl.A!:1];; RELATIONSHIP Grandmother of child Uncle of child Shirley Wolfe John Wolfe LAW orPlc'U SNELDAKER a BRENNEMAN 6. Plaintiff has not participated as a party or witncss or in any other capacity in other litigation concerning custody of -2- the child in this or any other court. Plaintiff has no information of any custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the parties' child will be best served by granting the Plaintiff partial physical custody of the child in a stable home environment which Plaintiff can provide. B. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Christopher J. Couch requests this Court to grant him partial physical custody together with shnred legal custody of the parties' child, Dustin J. couch. By: SNELBAKER & BRENNEMAN, P. C. ~" 44 West Main Street Mechanicsburg, PA 17055 (717) 697-B52B Attorneys for Plaintiff LAW O,.'ICU SNELOAKER 6 BRENNEM^N Date: March J, 1995 -3- VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ,1 J <I//, L~t~~ /(~ C~r stropher J. couch Plaintiff Date: March 3 , 1995 LAw OI',ICn SNELBAKER a BRENNEMAN I. , , I" I' . } ..I ,I l~J ( ) 'Q .I( -C, '1"'0 i ~I .1_ U'") , ,- 'v~ ( . '''''''.' ,'. ':);"- I.I.! u .J . ..~ In ..-t' '" I) I,J , In - '(1 1.\1 I <1:; C) :r T T ./ \It ,') ,....., Jl C''> 0' :t -, A.:: i:l -:ti -' '-L.. ..J. c..J ~i t(l ~ ~ ~h~ t::> 4-l 1 ~ ~ ~ .... ..-1 ~~ ~ ~ ~ ~~ ~ . 1:! ~ 'iiJ 8~ ~ f- ~ j ~ eg~8 ~ .~ ~i'3 j:!lO < ~ ~ u ~ ~~~IL.2 8 I . ~ Ij . ffi~~ ~~'~ II ! m :> - ~~ . ~~ ~ ~ ~ I ..: ~ ~ al( - ~ ~ ~' ~~ V) UJ "" ::E '. CHRISTOPHER J. COUCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1165 CIVIL TERM MELISSA A. WOLFE, Defendant CIVIL ACTION - CUSTODY OF MINOR CHILD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., bsing the attorneys for Christopher J. Couch, the Plaintiff in the above captioned custody action; that on March 6, 1995, he did send to Defendant Melissa A. Wolfe by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint For custody which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. Z l15 697 319; that both the Complaint and cover letter were duly received by Melissa A. Wolfe, the Defendant herein, as evidenced by the return receipt card for said certified mail dated March 8, 1995; that a copy of the aforementioned cover letter dated March 6, 1995 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"i that the foregoing service of the Complaint complies with Pennsylvania Rules of civil Procedure 412 and 403i and that the foregoing facts are true and correct to the best of his knowledge, information and be~ief. ~ I{f(tttlt-~ Brenneman Sworn to and subscribed before me this 14th day of March, 1995. (jitkL~~V 9 ::iILC;-PLd_AJ NOlmi;\1 ~;1';11 l)lJUICla J. fhOOl&OII, Notnry Publlc Mec.hR!1lcsburg Bora, CUIf100lland County My COlllml..lon E'plros Doc, 31, ,n96 Mon1br.<. r..."'yivanla A.~o;od.1lJOO 01 Not,,,", LAW O"ICEa SNELDAKER 6 BUENNEMAU . , SNELBAKER. (9 BR.ENNEMAN ^ PAO'WION~ COIlPOMnON ^lTORNEY5 ^T ~W ... WEST ~ltI mUll" MECHANICS BURG, PENNSYlV^NIA 17055 IUCHAIU> C. !NWWWl IWlll 0, llUNNEMNo/ PHIUP H, !pMf 717.6g7'B~28 P. o. lOX 318 fAOIMIU 17L7l 8Q1.1881 March 6, 1995 Melissa A. Wolfe 13 Water street Franklintown, PA 17323 Re: Couch v. Wolfe Dear Ms. Wolfe: I am serving upon you a certified Complaint initiating a custody action concerning Dustin Couch. Yours truly, Keith o. Brenneman KOB/sZ CC: Christopher Couch (w/enclosurs) By certified mail, return receipt requested, restricted delivery, Parcel No. Z 115 697 319 EXIIlUI'J' A Z 115 697 319 ~ Rflce;pt for ~. Certified Mail _ Nu IIlSUfIIflCIJ COVIHII\lO PWyidlld ':'':\:1.''~-:;a On nOI usu lor IntUll11llion,11 Mttd IS!!" AtlVUflWI "'~lelis:sa A. llblfe ',''''".,',1'." 13 l~ater Street 1'" "'''.I'-''''!l'("_,,, Franklintown 1\'>"1' PA $ 1.10 1 6':> ('0".1-.--.\1., ;1'1'-""101'_"".,,1,.. Utl"",,',ID"""-',I." 2.75 1.10 , , ~ 'll""'"""fhl"""""""'1 OJ IU ~"'""" ~ D.I'" D,'h...."t ~ ~ "1'll/rnll"""OI~''''''''''llll":ti<I'n. I:' 0.",. ,,,,tAll.I'" "'\\ ~ 0::; CI co M ~ & ~ $ S,sa .- ,~ ..., d' ;.1' ~-~ -.... -.' ..... -'~-"---'~---- LAw OF'f1en SNELDAKER a BRENNEMAN ~",,~:;:::!;":i:'c:j,.[,:; ';1-'",' '~"'.1...,,,..~.; f-i,li. ~t.ft.m'1'~'2fOr'addlt~.;'~.. ,', " : I aI.o wIth to rR.tvl'ttW^~,~~; "'I" c.mpl... I..,.. 3, .ncl.. ... .. ... · . · ... . ,,-, < ". lollowlng .orvlce. lIor In .Xlr. :')'1 b: f.:,fltlnt your ",me ,nd tckV"'OfItht ~r.. of uw. fOrm '~lhIt,~',~'",'. fee)' , " , 'Y., '/~, ,~..: ~ ~ I;'. ;'r:?E'f,iJI;~i~'+I.~.li'ho m.lloloco, o,on 'ho.~~~\"P.;':..; " 1: E? Add;i...~;, :A~lr~~~; \' J :., ~. Wrlt. "A.tumAOCOIp'R_'*!9"on'homolloloc.boIoW lhurtlclonumbo' :llXlI Rlltrlel.d O.UVlry ,. ,:; I" t1 . ThlA.tumR'C'IPtwllthow~ .....tIomth..rtJdlw..d.U..,.rtdandthld.t., , ' ';_ ~ l ~' I 'cWlvtrld. .. " . Consult oatmaater for f..:1'; ~'} ~ :; li,;~ Mlel. Add.....d t:~S .. 4.. A;C~i;"'=.. ;".'.3. 1.'9..'.;,..'.:".').J'.!..':.'. '.i.,~.;.'.,.;.:... G.'.k " . " idF.1'.T~ A. W:lLFE 4b. S.rvlc. Typ.. ';';'.. ;..;i.>",.;.I'; . 'l3 WATER STREEn' DR.gl.t...d. Dln.ur.d; -.."C."'." :. ',. FRANi<LINlWN, PA l7323 ". g~::'~~:dM'U g ~~~;';Rtie;I~[~~~l~ " "~.' 7. oa'1~;~'9~ ' .'''~i . . ~ I 8. Add........ Add.... IOnly II ..quIII.d J ' .nd la. I. p.ld) , I "j. , i .:\ ~ .~ . O.eambar 1891 *u...QPO;'........"rl. DOMESTIC RETURN RECEIPT ~ 'l\!. - , . l:;)(IlIDl'r D \:B ~ = 0- In :>" N :,...i ,"': <..' ~~ C.' o. ,..". ,(',. ., ,f> '" .. ::0.: CHRISTOPHER J. COUCH, Plaintiff IN THE COURT OF COOMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO. 95-ll65 CIVIL TERM CUSTODY OF MINOR CHILD MELISSA A. WOLFE, Defendant awm OF CXXlRT AND NCM, this 1. \ ">1 day of V' P r " l consideration of the attached Custody Conciliation ordered and directed as follows: l. The Father, Christopher J. Couch, and the Mother, Melissa A. Wolfe, shall have shared legal custody of Dustin James Couch, born March l2, 1994. , 1995, upon Report, it is hereby 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends beginning April 21, 1995, from 3:00 p.m. on Friday until 6:00 p.m. on Saturday. The Father shall also enjoy physical.custodY of the Child every Tuesday from lD:oo a.m. until 1:00 p.m. If the' Father is unable to have physical custody of the Child on any Tuesday due to his employment, the parties shall cooperate with each other in arranging a period of partial physical custody at another time during the week. 4. If the Father is unable, due to his employment, to pick up the Child at 3:00 p.m. on Friday for a period of weekend physical custody, the Father shall notify the Mother that he will be late and the Child's paternal grandparents may pick up the Child on those occasions. However, if the Father is not merely late but is unable to be present for weekend custody, the weekend custody shall be canceled and the parties shall cooperate in rescheduling an additional substitute period of weekend custody ~rmitted by the Father's work schedule. ~ .'~ 5. ~e,.~rt~es shall share physical custody of the Child on holidays as follows.: " f'J "(Ia) Christmas -- <'......: ." '" ......r The Christmas holiday shall be divided into segment A, which includes the period of time from December 24 at 12:00 noon until December 25 at l2:oo noon and Segment B, which includes the period of time from December 25 at l2:00 noon until December 26 at 12:00 noon. The parties shall have physical custody of the Child during Segment A or B on an alternating basis each year. (b) Thanksgiving Thanksgiving shall be divided into Segment A, which includes Thanksgiving Day from 8:00 a.m. until 2100 p.m. and Segment B, which includes Thanksgiving Day from 2:00 p.m. until SIOO p.m. The parties shall alternate between Segments A and B on an annual basis. (c) New Year's Day The Mother shall have physical custody of the Child on New Year's Day in every year from 8:00 a.m. until 2:0D p.m. The Father shall have physical custody of the Child on every New Year's Day from 2:00 p.m. until 8:00 p.m. (d) Easter The Father shall have physical custody of the Child on the Saturday before Easter in every year from 8:00 a.m. until 8:00 p.m. The Mother shall have physical custody of the Child on every Easter Sunday from 8:00 a.m. until 8:00 p.m. (e) Mother's Day/Father's Day The Mother shall have physical custody of the Child on every Mother's Day from 8:00 a.m. until 8:00 p.m. and the Father shall have physical custody of the Child on every Father's Day from 8:00 a.m. until 8:00 p.m. 6. The Father shall have physical custody of the Child for two non-consecutive weeks during the surrmer vacation upon providing notice to the Mother at least thirty (30) days in advance. 7. If the Father's work schedule changes to such an extent that he is unable to follow the foregoing custody schedule, the parties shall cooperate with each other in establishing a different schedule granting the Father comparable amounts of time with the Child as outlined above. 8. Either the Mother or the maternal grandmother shall be present at all times when the maternal grandfather is with the Child. The Child shall not be left in the sole care of the maternal grandfather. 9. The parties may modify the custody arrangements set forth in this Order by mutual agreement. In the absence of mutual agreement, the custody schedule outlined above shall control. BY THE COURT, cc: Keith O. Brenneman, Esquire Jane M. Alexander, Esquire J. , .' '. 1 I. ~~>i~ '-----... eO, r I _" . ~._ _..... '. _ , , '. '. I . ' '.' CHRISTOPHER J. COUCH, Plaintiff IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 95-1165 CIVIL TERM CUSTODY OF MINOR CHILD \ t, , i I, MELISSA A. WOLFE, Defendant CUSTODY cx:tlCILIATION SUMMARY REPORT IN AcxrJRDANCE WITlI ClJoIIlrnLAND CXJUNTY RULE OF CIVIL PROCEIlURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF 3. The parties agree to the attached. ~ 13 '1'1S- entry of an Order in the D~ Custody Conciliator form as Dustin James Couch March 12, 1994 Mother/Defendant 2. A COnciliation Conference was held on April 5, 1995, with the following individuals in attendance: The Father, Christopher J. Couch, with his counsel, Keith O. Brenneman, Esquire and and the Mother, Melissa A. Wolfe, with her counsel, Jane M. Alexander, Esquire. Date ~~ ~> ~p til~~ ~ .... ,; .... ffi ~ ~~I~~ '.1 '0 ~~ ~I ::I.g ... ~ c: C 1:4 2 ~ !j'" ,," .e: E::: ,=.. ~~ f ~ I tI'l ~ - i!3 C) . 2: (.'8t il ,5 ": ~~~lllru - I I" ltl III Cil Si l<( '8i ~, ;:; = :> ru ... \ ....D ~ii~i . ~ fiJi~.Q.9 I') ~ b - ~ ~ ffi .... t: - C'I.c . ~ ~,r;t.t,ctjl ~ ~ I ..: .-. ~ ~B ~ ~~ H ~ . . , . .. API; ~ tJ I!iU:l . , "