HomeMy WebLinkAbout02-4063Mark A. Lentini,
Plaintiff
VS.
Heather L. Lentini,
Defendant
IN THE COURT OF COMMON
PLEAS FOR CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4063 CIVIL TERM
IN CUSTODY
AFFIDAVIT OF PERSONAL SERVICF
I, William A. Cornell, Esquire, Attomey for Plaintiff, Mark A. Lentini, do hereby say and
affirm that I did have, by personal service performed by Pennsylvania State Constable
John Levenda, a copy of the Complaint For Custody, Petition for Emergency Relief and
a copy of the Order of the Court (Hearing Notice) dated August 26, 2002, delivered to
Attorney Richard P. Wagner, Esquire, Attorney for Defendant, at his law office located at
2233 N Front Street, Harrisburg, PA 17102, on this date. In addition, I do swear and
affirm that I personally called the Defendant, Heather L. Lentini, last evening to advise
her of the date, time and place of the Hearing scheduled for today at 1:30 PM.
Attached hereto is the Affidavit of Service that was faxed to me this morning by PA State
Constable John Levenda immediately after personal service of the above documents
had been made to Attorney Richard P. Wagner.
By Date: August 28, 2002
WILLIAM A. CORNELL
Attorney for Plaintiff
PA Supreme Court NO. 37732
222 South Front Street
Wormleysburg, PA 17043
Phone: 717-761-4755
Fax: 717-761-3850
SERVICE OF PROCESS
MARK A. LENTINI
(Plaintiff-)
HEATHER L. LENTINI
(De£endant)
Civil Act/on-Law
02-4063 Civil
Custody
('drift et'Common Pleas
Cumberland County, Pctmsylvania
I JOI~IN LEVENDA, being a duly elected and certified state constable hi the
Commonwealth of Pctmsylvanh. hereby ccrti~ that I did serve upon the person of
Richanl p, Wagner. attorney, for the defend,mt a cop), of the fo/lowing: 1. Order of
Court (Hearing Notice); 2. Comphint fi)r Castody; 3. Petit/on for Emergency Relief, at
his office located at ~>"
· ~203 N. Front Street, Harrisburg, PA 17102 on August 28, 2002 at
8:30am. Iht the above title action. 1 fi~rther ccrti~ tImt I ~ an adult residing in the
C, ommonwealth o/Pennsylvania and not a party h thc above act/on.
- -" John .l,evenda
State Constable
.AUG
Mark A. Lentini,
Plaintiff
VS.
Heather L. Lentini,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL TERM
IN CUSTODY
.pETITION FOR EMERGENCY RELIEF
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Plaintiff, Mark Lentini, by his attorney, William A. Comell,
Esquire, to Petition this Honorable Court for an Emergency Order which grants and
provides Temporary Legal and Physical Custody of the minor child, Adelle R. Lentini
(age six) to Plaintiff until such time as a Headng on the issue of Custody of Adelle
Lentini has been held or, alternatively, until such time as a Conciliator's Conference is
held and a recommendation made regarding custody.
In support of this Petition for Emergency Relief the Plaintiff does aver the following:
1. Plaintiff has been marded to Defendant for seven years.
2. Arielle Lentini is the minor Daughter of Plaintiff and Defendant.
3. Plaintiff and Defendant did together sign a lease for a rental residence in East
Pennsboro Township in July of this year and have together with their daughter resided
at that location since signing that lease.
4. Plaintiff and Defendant and their daughter did previously live in Cumberland County
during most of the years of the marriage and did only briefly leave this County and reside
outside of Cumberland County before recently returning to Cumberland County.
5. On Sunday, August 12, 2002, the Defendant took the daughter, Arielle, and leave the
residence after telling Plaintiff she and the daughter would be attending a family picnic
that day and returning in a few hours.
5. Defendant did not return to the marital residence that evening and, in spite of having
with her a cell-type phone, did not call the Plaintiff to advise him that she and the
daughter would not be returning. Plaintiff tried to contact his wife by phone several
times but was only told that their return had been side-tracked or delayed by a stop at
the home of another relative. Plaintiff did not hear from his wife or his daughter that
night or at any time the following day.
6. On the evening of Monday, August 13th, Defendant's mother, Ms Carolyn Noll placed
a phone call to Plaintiff's parent's [n Connecticut and to advise them that the Defendant
and daughter Adelle were safe and with relatives and would not be returning to the
marital residence. Dudng that same conversation, Ms. Noll advised Plaintiff's parents
that "[she] would make sure that they (the Plaintiff's parents) were allowed to visit with
Arielle". Neither Defendant nor her mother had contacted the Plaintiff to advise him that
his wife and daughter would not be returning to the marital residence and Plaintiff was
not told where his wife and daughter would be staying.
7. Defendant did contact the Plaintiff by phone five or six days later and advise him that
she wanted to return to the marital residence and obtain her personal belongings and
Plaintiff did immediately schedule a time (next day)when Defendant could come to the
marital residence and obtain her personal possessions. Plaintiff did refuse to allow
Defendant to take marital items from the residence and did change the locks on the
residence because of Defendant's threat that she would return and take any and all
major madtal possessions she desired.
8. Knowing that Defendant has sedous medical problems which required special
medications, the Plaintiff did place the special medications and certain other personal
items from the residence within his truck at the madtal residence and then locked the
truck so that Defendant, with her own key to that vehicle, could obtain those items
without delay or when she desired. Plaintiff found the items to have been removed from
his truck the next day.
9. When Plaintiff later spoke to Defendant by phone he was surprised to hear
Defendant insist that she had not obtained the medication and other personal items from
the locked truck. Because the items had been removed without damage to the vehicle,
Plaintiff assumed Defendant had taken the items by using her own key. When Plaintiff
suggested that he would call the local police to report the apparent theft, Defendant,
while still denying she had obtained or removed the items, attempted to argue against
notifying authorities. Because Defendant continued to deny she had taken and removed
the items (including her important medications), Plaintiff did report the apparent theft to
his local police.
10. Knowing that the school year was about to start for the daughter, Plaintiff did contact
the local (East Pennsboro) school district to confirm that his daughter had been property
enrolled for the forthcoming school year. Plaintiff was advised that Defendant had
contacted the school district and removed the daughter from enrollment and had done
so unilaterally and without advising or consulting with Plaintiff.
11. Plaintiff next contacted the local school district (Susquenita) nearest the home of
Defendant's mother in an attempt to see if Defendant had enrolled the daughter in
another school. When Plaintiff had first contacted that school district, he was advised
that Arielle had not been enrolled. However, Plaintiff re-contacted the Susquenita
School District again on Friday, August 23rd and was then advised that Arielle had been
enrolled by the Defendant the day before. During his second phone conversation with
Susquenita officials, Plaintiff was advised that his wife had been questioned about "legal
custody" and had assured District Officials that she indeed had full legal custody of
Arielle.
12. Plaintiff has been able to communicate with his wife by phone and after one week
was permitted to visit with his daughter (in the company of Defendant) at a "neutral
location". Plaintiff was next permitted an un-supervised visitation with Arielle for
approximately four hours the following day (Sunday, August 11th). Defendant has
consistently made clear her intention to unilaterally make any and all decisions regarding
the daughter including but not limited to when or for how long Plaintiff might be allowed
to have visitation with Arielle. Defendant never consulted with Plaintiff regarding school
enrollment.
13. Dudng the past two weeks, Plaintiff did several times request an opportunity to have
the couple's daughter accompany him to family outing at Hershey Park being held by
Plaintiff's employer. Defendant did finally, at the last minute, agree to allow Plaintiff to
have the couple's daughter join him for Hershey Park outing and Plaintiff did take his
daughter to the day long event at Hershey Park on Saturday, August 24th.
14. Upon his return to the madtal residence from Hershey Park with Adelle, Plaintiff was
shocked and surprised to find that someone had entered the residence and removed all
major marital items and all items goods, clothing and possessions of Adelle's (except the
mattress for her bed). There was no sign of break-in and Plaintiff believes the Landlord
may have provided his wife access to the residence.
15. Plaintiff believes Defendant grented Plaintiff's request to have Adelle join him for the
outing at Herehey Park only for the purpose of gaining unfettered access to the madtal
residence so that she might take and remove any and all marital goods and possessions
she wanted and to be able to do so without challenge or objection by Plaintiff.
16. Because Plaintiff had been denied access to or visitation with his daughter except
for when it suits the whims or wishes of the Defendant and also fearing that Defendant
now having all marital goods and possessions she desires (as well as the possessions
of daughter Ariette) wilt no longer find reason or need to provide visitation. Plaintiff has
been unable to have Defendant agree to any terms or conditions for any regular or
continuing custody or visitation. Plaintiff did not therefore return Arietle to the Defendant
and has kept Arieite in his custody pending a determination by this Court in regard to this
Petition for Emergency Relief.
17. Plaintiff has today filed a Complaint with this Honorable Court seeking custody of
the daughter, Arielle.
18. To the best of Plaintiff's knowledge, Defendant has never filed any Complaint
seeking custody of the daughter in this or any other jurisdiction.
19. Defendant did, following her departure from the marital residence, file a Complaint
within this County seeking Support for herself and the couple's daughter.
20. Defendant was made aware of Plaintiff engaging the services of an attomey and
was last week provided with the business card of attorney for Plaintiff.
22. Defendant told Plaintiff last week that she had her own attorney however she
refused to provide any name of any attorney and no attomey has contacted Plaintiff's
attorney in regard to this or any other matter to date.
23. Both the Defendant and the Plaintiff are employed and their wages differ by two or
three dollars per hour.
24. The minor daughter has regularly been placed in child day care in the past when or
while both parents work.
25. The Child care facility that has been consistently used by the parents is located
within East Pennsboro Township, Cumberland County. This child care facility was
utilized by the parents priorto their move to the madtal residence.
26. The school year for East Pennsboro, the school district of the marital residence and
the school in which both parents had previously agreed to have the daughter enrolled is
scheduled to begin on Monday, September 2nd, 2002.
27. Daughter Arielle was enrolled in and attended kindergarten within the East
Pennsboro School District during the past year and prior to the move to marital
residence.
28. By virtue of having attended both kindergarten and day care within East Pennsboro
dudng the past year, Arielle has made friends and bonded with several local children
who will also be attending first grade at East Pennsboro Area School District.
29. The school year for the Susquenita School District where the Mother has unilaterally
and without discussing such with Plaintiff, enrolled the daughter is scheduled to begin on
today. Arietle has not attended kindergarten nor been placed in day care in the area of
that school district and does not have the friendships which she developed in East
Pennsboro.
30. The Susquenita School facility is in dose proximity to the Defendant and not to the
Plaintiff (being the opposite direction he travels to and from his work).
31. Both Plaintiff and Defendant work in Cumberland County and both drive near the
East Pennsboro Schools en route to and returning from their separate pieces of
employment.
32. Plaintiff is concerned that the recent actions of the Defendant and her mother have
shown a blatant disregard for the marital and parental rights of the Plaintiff and a lack of
due regard for the best interests of young Arielle. Plaintiff's concerns are based on the
following:
> Abandoning the marriage and marital residence without warning or notice
(after having recently co-signed a lease for that residence).
> Taking and removing the couple's daughter without discussing custody or
visitation.
> Using Arielle as a diversion to allow and enable Defendant to secretly take and
remove any and att marital possessions she wanted from the marital
residence.
> Not calling nor informing Plaintiff of her intentions to not return to the madtal
residence and instead having or allowing her mother to inform Plaintiff's
parents that Defendant and Adelle would not be returning home.
> Not allowing Plaintiff to know where his daughter is living or staying.
> Secretly taking and removing all clothing and possessions of the daughter
and forcing the father to purchase new clothing for his daughter,
> Unilaterally removing Arielle from enrollment at the East Pennsboro School
Distdct and then secretly enrolling Adetle at a different school and doing so
by falsely claiming to have full legal custody and authority.
> Ignoring the friendships and bonds that Arielle has developed with other East
Pennsboro area children and fellow students.
> Defendant has apparently moved with Arielle into the home of Defendant's
mother, Carolyn Noll of Duncannon; an individual who has been
diagnosed with Bi-Polar Disorder apxJ who is taking prescriptive anti-
depressants and who is also being attended to by a Psychiatrist or
Psychologist. Plaintiff is deeply worried and greatly concerned about the
potential negative emotional and psychological influences and impacts that
Carolyn Noll may have on young Arielle.
> Defendant's mother has consistently been hostile towards the Plaintiff and has
consistently encouraged Defendant to leave her husband. Ms. Noll's
actions in calling Plaintiffs parents in Connecticut to announce that her
daughter had moved and was safely with relatives... (and during that same
conversation authoritatively telling Plaintiffs parents that SHE would allow
Plaintiffs parents visitation) was grossly manipulative of the Plaintiff and
his parents.
> Defendant's mother did yesterday, Sunday August 25th, place another call to
Plaintiff's parents in Connecticut wherein she made various outlandish
and unsubstantiated remarks about the Plaintiff to his aging mother. $o
vile and distressing where the comments that Plaintiff's mother terminated
the call by hanging up on Ms. Noll.
> Eadier yesterday, the Defendant had attempted to call and speak to Plaintiff's
parents but ended up terminating that call herself because of the yelling
and screaming by her own mother in the background.
Yesterday, in the company of friends of ~ Plaintiff, young Adelte announced
to a friend of the Plaintiff that her "Mommy and Daddy are getting divorced
and t am getting a new daddy".
Plaintiff contends the above actions and comments to be completely inconsistent with
the best interests of Arielle and are sufficient to raise sedous doubt regarding the
suitability for allowing Arielle to have any contact with the unstable and highly volatile
Ms. Noll. Because the East Pennsboro School session does not start until next week,
because that school was the one mutually agreed upon by both parents and due to the
convenience of that school to both parents and also because Arielle has attended both
Day Car and Kindergarten within that District, it is respectfully urged that This Honorable
Court grant Temporary Physical and Legal Custody to the Plaintiff and also direct that
Arielle be enrolled in the East Penn~sboro School District. Plaintiff additionally requests
that any Interim Order issued regarding the custody of Arielle include provision which
prohibits Carolyn Noll from having any contact or interaction with Adelle until such time
as a psychological evaluation can be conducted and the results of such evaluation
reviewed by a Custody Conciliator assigned by this Honorable Court.
WHEREFORE, Plaintiff does respectfully request that an Interim Order for Physical and
Legal Custody of ArieIle be granted in favor of the Plaintiff and also that such Order
include provision which prohibits Ms. Carolyn Noll from having any contact with Arielle
until this matter is further considered by a Custody Conciliator assigned by this
Honorable Court.
Respectfully Submitted: Date: August 26, 2002
WILLIAM A. CORNELL
Attorney for Plaintiff
PA Supreme Court ID 37732
222 South Front Street
Wormleysburg, PA t7043
phone - 761-4755
fax - 761-3850
VERIFICATION
I, Mark A. Lentini, do verify that the statements made in this Petition for Emergency
Relief 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.
Signed: ~77~-.----'~
Mark A. Lentini
Date:
Mark A. Lentini, :
Plaintiff :
:
:
VS.
,.
:
Heather L. Lentini, :
Defendant :
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.~ '~ - ~f °G-~CIVIL TERM
IN CUSTODY
ENTRY OF APPEARANCE
TO THEPROTHONOTARY:
Kindly enter my appearance as attorney for the Plaintiff, Mark A. Lentini, in the
above captioned matter.
WILLIAM A. CORNELL
Attorney for Plaintiff
PA Supreme Court No. 37732
222 South Front Street
Wormleysburg, PA 17043
phone: 717-761-4755
fax: 717-761-3850
COPY
MARK A. LENTINI, :
Plaintiff :
VS. :
:
HEATHER L. LENTINI, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-4063 CIVIL
IN CUSTODY
ORDER
AND NOW, this o~' G44x day of August, 2002, a hearing on Defendant's Petition for
Emergency Relief is scheduled for Wednesday, August 28, 2002, at 1:30 p.m., in Courtroom
Number 5, Cumberland County Courthouse, Carlisle, PA.
Edward'E. Gu~lo, J.
William A. Comell, Esquire
For the Plaintiff
Heather L. Lentini
7 Thomas Drive
Duncannon, PA 17020
:rlm
MARK A. LENT1NI,
Plaimiff
VS.
HEATHER L. LENTINI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-4063 CIVIL
IN CUSTODY
ORDER
AND NOW, this o~. G'~ day of August, 2002, a hearing on efendant s Petition for
Emergency Relief is scheduled for Wednesday, August 28, 2002, at 1:30 p.m., in Courtroom
Number 5, Cumberland County Courthouse, Carlisle, PA.
,~lliam A. Cornell, Esquire
For the Plaintiff
//l~eather L. Lentini
7 Thomas Drive
Duncannon, PA 17020
:rim
¥~N'~\'¥,$NN~cl
TEMPOI~LRY PROTECTION- ~RO~ ABUSE ORDER
F~f I~0, 71758~51~
P, 01
LOCAL POLICE
~TAI'E POLICE
· 1:'age 3 0£3
MARK A. LENTINI,
Plaintiff
Vo
HEATHER L. LENTINI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-4063 CIVIL
IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of August, 2002, it
appearing to the Court that Judge Quigley in the Court of Common
Pleas of Perry County has entered a custody order pursuant to a
temporary protection from abuse order, the hearing on
Defendant's Petition for Emergency Relief is temporarily
rendered moot. Respondent has indicated that she intends to
file an objection to the jurisdiction of this Court with regard
to the underlying custody action. The Petitioner indicates that
he intends to file an objection to the Perry County Court's
jurisdiction in this custody issue. We will address these
matters when they are brought for us.
By the Court
Edward E. Guido, J.
William A. Cornell, Esquire
For the Plaintiff
Marylou Matas, Esquire
Wendy Grella, Esquire
For the Defendant
srs
MARK A. LENTINI
PLAINTIFF
HEATHER L. LENTINI
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-4063 CIVIL ACTION LAW
:
IN CUSTODY
:
ORDER OF COURT
AND NOW, Wednesday, September 04, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, October 01, 2002 at 8:30 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 define 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/ Melissa P. Greevy, Esq.
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
HAVE 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~flNVA'IASNN3d
AJ.NNO9 G',!'~:,q~d~BINO
9'~ :E: ~l"J '~!- dSS ~0
MARK A. LENTINI,
Plaintiff
V.
HEATHER L. LENTINI,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4063
: IN CUSTODY
PRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF
The Cumberland County Court of Common Pleas lacks jurisdiction over this matter
for the following reasons:
The child at issue is currently living in Duncannon, Pennsylvania and is a resident
of Perry County. Further, on or about August 28, 2002, the Honorable Judge
Quigley, Perry County Court of Common Pleas, issued a Temporary Protection
From Abuse Order indicating that Defendant was awarded temporary custody of
Arielle Lentini pending the outcome of a final hearing in the matter. See attached
exhibit "A".
Bo
In the Complaint for Custody filed August 26, 2002, Plaintiff and his counsel
acknowledge that the Defendant is a resident of Perry County.
The Complaint for Custody filed by the Plaintiff on its face reflects the fact that
the Court of Common Pleas of Perry County Pennsylvania has jurisdiction and
venue over the issue of custody of the child pursuant to the Uniform Child
Custody Jurisdiction Act.
WHEREFORE, Defendant requests Your Honorable Court dismiss Plaintiff's Petition for
Emergency Relief.
Respectfully submitted,
Weedy J. F. Grt~, l~u~e
Attorney for ~
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
3UG-2B-02 NED 10: ] 9 JUDGES OH~I'IBERS N. BLFD
NO, 7175825188
P. 01
Madt ~ Lh~ni
: IN THY. COURT OF COMMON
: ~ D~ O~
: ~v~ ~y
: ~ B~
~ P~ FROM
TEMPORARY PROTECTION FROM ?,RUSE ORDER
l;~/=Mant's N~ is: Ma~ Alas L~Oni
~D~ ofSh. t~ Is: Mareh 20, ~
Dcf~danfs $~ia] :~..~ity )~unbc~ is: 043-70.1ST~,
Nnmo(s) of All protect~ presorts, in~l~t~ Ploini~and
1. Huther 14~n I~nllui
~- Ar~ Rexannn I, entinl
AND NOW. on:lTIlt Day ef Aspst, 200~ utma ~aid~atlon of~ altach~xt
l~htufiffta r~lu~t for a
l, Dd'endant shall not abuse, hiram, stt~ or thrc~ any of the above persons ia
(~UG-28-02 NED 10::94 JUDGES OH~HBEF~S Ft. BLFD
- U.L~
~mporar~ Pro~'ction l%m ^btt~ O~
NO, 7175825186
P, O1
Pa~¢ 2 of 3
4. Ex~ for such ~ontacl with the minor ~ild/ren as maybe petmltt~ und~
p~qp~h $ o~this Order, Dcimdant shall not ~ Ptainti~ or any other
pcr~on ppotcct~ undar ~bis 0~, by telephone ~r by m~y ol~m' me, m~,
S, Pondin~ tha o~tcomc of' ~h~ find lsesrb~ in ~ ms*tar, Pte~nt~is awarded
t. Arielk Roxannn Lenttni
7. Thc shc~f, poli~ or o~r law o=l'o~ceme~ a~pencim ~ ~r~ ~ ~ the
~,t~m a~ of~ P~ ~~ ~ ~ for
p~t or ~
AN~ PR[OR PI~A ORDER
AI~ PP,.t0R ORDSR ~;!,ATSNG TO CI~.D CUS'I'ODX'
~UG-28-02 NE[:, ~ 0: 34 JUI)GES CHC, J'IBER$ N, BLFD
Temporary Protect/on From Abttsc Orde~
FR× NO, 7175825168
§6113, Ik/b~t is ~ not/fi~t ~st vidal/on of tiffs
~ =zl p~=t~ under t~ Viokzz~ AO/nst Wom~n ~ 18 U,~C. §,~261-
DEFEINDANT
LOCAL POLICE
STA~E POLICE
DOMP. STIC VtOLENCE
MARK A. LENTINI,
Plaintiff
Vo
HEATHER L. LENTINI,
Defendant.
CERTIFICATE OF SERVICE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4063
: IN CUSTODY
I, Wendy J. F. Grella, Esquire, hereby certify that I did, the
\ ~ay of September,
2002, cause a copy of Preliminary Objections of Defendant to Plaintiff's Petition for Emergency
Relief to be served upon PlaintiWs attorney of record by first class mail, postage prepaid at the
following address:
Mr. William A. Comell, Esquire
222 South Front Street
Wonnleysburg, PA 17043-1336
DATE:
Attorney for D~femt'ffffF
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
MARK A. LENTINI,
Plaintiff
Vo
HEATHER L. LENTINI,
Defendant.
: iN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02-4063
: iN CUSTODY
PRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFF'S COMPLAINT FOR CUSTODY
Ao
The Cumberland County Court of Common Pleas lacks jurisdiction over this matter
for the following reasons:
The child at issue is currently living in Duncannon, Pennsylvania and is a resident
of Perry County. Further, on or about August 28, 2002, the Honorable Judge
Quigley, Perry County Court of Common Pleas, issued a Temporary Protection
From Abuse Order indicating that Defendant was awarded temporary custody of
Arielle Lentini pending the outcome of a final hearing in the matter. See attached
exhibit "A".
Co
In the Complaint for Custody filed August 26, 2002, Plaintiff and his counsel
acknowledge that the Defendant is a resident of Perry County.
The Complaint for Custody filed by the Plaintiff on its face reflects the fact that
the Court of Common Pleas of Perry County Pennsylvania has jurisdiction and
venue over the issue of custody of the child pursuant to the Uniform Child
Custody Jurisdiction Act.
WHEREFORE, Defendant requests Your Honorable Court dismiss Plaintiffs Complaint
for Custody.
Respectfully submitted,
endy J. F. G~l~a,~q¥ire
Attorney for D~
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
~UG-28-~2 WED 10:19 JUDGES OHaMBERS N. BLFD
TcmpamryP~t~6on. F~o~Aly~Ord~r
F~× RO, 71758~5188
P,.01
P~g~ 1 of 3
t-l~t~cr Lynn Li~6n/on bch~f o~'h~;clfm3d
minor ch]~,
TEMPORARY PROTECTION FROM ABUSE ORDER
Defeats Nam~ i~ Ma~k Aim Linthfl
~D NOW, on27~ Day of Augus~
O~
FaX NO, 7175B25166 .?, Ol
hOG-28-¢2 NED 10:34 JUDGES OHhHB£RS N:BLFD ,
T~mporary Pw~c~ion From Abuse ~
of 3
palagraph 5 or.ix 0~, D~f~ ~ p~it~ ~m b~ng~ CO~AC~
~Io~,
P-,,XCCl~ [or such aontaal with the minor ~h¥1~ren a~ may be pcn-nitt~
per~-aph 5 or this Order, Dcf~ada~ s~ll not co~_-_~ Plaintiff; or say othor
pcr~on prot~ct~l m~thiz 0~; by ~l~e ~ by ~y o~ m~ ~di~
~ugh ~i~
the outcome ofth~ f_mal h~l~g in this mal~e~, phintiiTis awar~Ied
t~nporary c.~stody orth~ ibnowin~ ml,x~r child/rca:
1, ltielle l~x~unn
The local l~w ~rc~ age:~ in tl~ jurisdiction v/mm thc child/mn ar~
loc~l~d ~a ~m'e Ih~t th~ chiM/r~ are p~m=:d in Ibc c~r8 zn~t ~onlro! of the
Pl~iu~ffin acco~dm~e with the t~nn~ o~ ~ Order.
cop!~ of this Ordr, r shall bo provido~ to i~o pollo~ dopm~m~ whom
and ~ny othe~
West Shore i~.,ional Polko d~p~tm~t (Cnmh~rl~nd Comnty)
lga~t l~cnml~oro Township P~llec Dcl~rtmem (Cuad~rlsnd Chunk)
Dununn~e I'oli~ Depsrtmeut
pollcc or otter law crd~o~cem~nt ~enc~ ~ ~r~ ~ ~ the
The ~o~ ia ~ W fi~ ~ P~ ~ ~d~ ~
of ~
8. TT:t'IS 01LDI~.R SUPF. RSEDIi$
ANItr PRIOR PFA ORDER
~ PRIOR ORDRK IR~-LATING TO CBrlI.D CUSTODY
THIS ORDER APPLIES IMMED~LY TO Dt~FIiNDA.NT AlqD SHAll.
MOD~ OK ~AT~ BY T~S ~URT ~K~O~ ~D
A~G-28-0~ ~D ~0:34 5DGES 0RA~BERS ~¢BLFD
?, [12
1~ OTIC-~ TO THE DI~FENDAl',~T
Dereada~t i~ ho~by oo6fi~ ~t vio~o~ of~fi~ ~r may ~t i~ ~t
in~t ~mlnal ~t~ w~h ~ pani~k by a fac of ~ Io 1t,~,~
up to ~X ~n~ ~j~t. 23 P~C.S. ~6114. ~.~t or~ P~
~ ~ lhe ~id~o ~ not ~v~id~ ~hl~ ~, ~i~ ~ o~ ~ c~g~ or
~6113. D~t ia [~ n~ ~ ~ola~on ~ ~ may ~bj~t
d~ ~y ~ Io~, ~ ~t ~o~s ~p~ 1 ~ s of
O~, d~ ~!! ~ ~ on ~o ~ge of Indlr~t ~ ~pt.
~ ~ ~o~tion of~ ~ m~y ~ m~ wi~ut w~ b~ ~lely on
~ ~ ~ u~ d~ ~e ~olati~ ~ Ozd~ OR 6~a~ pd~ ~ei~ of
~h ~ ~ ~, which o~ ~ ~ ~ or~e woapoas ~tll
P~
DEP~-NDANT
LOC~-L POLICIg
STA~E POLICE
EK)M~T1C VIOLENCE
FILM
MARK A. LENTINI,
Plaintiff
HEATHER L. LENTINI,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4063
: 1N CUSTODY
CERTIFICATE OF SERVICE
I, Wendy J. F. Grella, Esquire, hereby certify that I did, the ~'~dhy of September,
2002, cause a copy of Preliminary Objections of Defendant to Plaintiff's Complaint for Custody
to be served upon PlaintiWs attorney of record by first class mail, postage prepaid at the
following address:
Mr. William A. Comell, Esquire
222 South Front Street
Wormleysburg, PA 17043-1336
J. F. Grebe, ~i~qU~
Wendy
Attorney for
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552