HomeMy WebLinkAbout07-0222
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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CHRIS D. LUBOLD,
Plaintiff
TONY A L. CONZ,
Defendant
CIVIL ACTION - LAW
IN CUSTODYNISITATION
COMPLAINT FOR CUSTODY
AND NOW, comes Plaintiff, Chris D. Lubold, by and through his counsel, Howett,
Kissinger, Conley & Holst, P .c., who hereby files the instant Complaint for Custody and in
support thereof avers as follows:
1. Plaintiff is Chris D. Lubold ("Father"), an adult individual, sui juris, who
presently resides at 6045 Westbury Drive, Enola, Cumberland County, Pennsylvania 17025, his
residence since November 2001.
2. Defendant is Tonya L. Conz ("Mother"), an adult individual, sui juris,
who presently resides at 260 Cemetery Road, Newport, Perry County, Pennsylvania 17074.
3. Father seeks primary physical custody of Jason C. Lubold, age 13, born
January 25, 1993, who, since August of2006, resides primarily with Mother in Newport at the
above listed address.
4. Mother and Father, former husband and wife, are the biological parents of
Jason, who was born of their marriage; the parties divorced June 29, 1994.
5. During the past five (5) years, Jason has resided with Mother and Father
on an equal basis pursuant to an Order of Court entered by the Court of Common Pleas of
Dauphin County, at action number 4677-S-1996, dated October 30, 1996 providing the parties
with shared legal and physical custody. A copy of the October 30, 1996 Dauphin County Order
of Court is attached hereto as Exhibit "A" and is incorporated herein by reference thereto.
6. While the October 30, 1996 Dauphin County Order provides for shared
physical custody pursuant to a schedule other than a week-on/week-offbasis, from September of
2003 until August of 2006 the parties operated under a de facto week-on/week-off shared
custodial arrangement.
7. On or about August 1,2006, Mother, the child and Mother's current
husband, JeffConz, whom she married in July of 1995, relocated from Enola, Cumberland
County, Pennsylvania 17025, the residence she maintained since December of2002, to her
present residence in Newport, Peny County. Mother resides with her current husband and
Jeffrey Conz, age 16 (stepson), and Zachary Conz, age 11 (son).
8. Father presently resides with his current wife, Mary Alin, whom he
married in December of 1996, and Nicholas Lubold, age 7 (son), and Ethan Lubold, age 7 (son).
9. Father and Mother have participated as parties in other litigation
concerning the custody of Jason in this Commonwealth. When Mother resided in Lebanon
County, the parties executed a Stipulation for Custody in the Court of Common Pleas of Lebanon
County, at action number 94-20040, which Stipulation was entered as an Order of Court dated
March 9, 1994. The parties were also involved in custody litigation in the Court of Common
Pleas of Dauphin County when Mother was a residence thereof. See Exhibit "A."
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10. Father has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state at this time.
11. Father does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
12. The best interests and permanent welfare of the child will be served by
granting the relief requested because of, inter alia, the following:
(a) Mother has a protracted history of repeated relocations throughout
the Central Pennsylvania area; over the last thirteen (13) years Mother and the child have resided
in Lebanon County, Dauphin County, Cumberland County and now Perry County, and Father
believes, and therefore avers, that Mother's present residence in Perry County is only temporary
in nature. Such constant relocation results in instability for the child, which is detrimental given
his age and his academic standing;
(b) The child began attending the Newport School District in August
of2006, and for the first half of the 2006-2007 academic year, the child has recorded nine (9) F's
over the first two marking periods, and he is repeatedly failing to complete and turn in homework
assignments and make-up missed tests. The child's grades have plummeted precipitately since
his move from the East Pennsboro Area Middle School in Cumberland County, which he
attended up to the completion ofthe 2005-2006 academic year;
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(c) Additionally, in the first half of the 2006-2007 academic year the
child has recorded ten (10) un-excused absences, which prompted the Newport School District to
send Mother a letter dated December 13,2006 warning Mother that continued un-excused
absences could result in Children & Youth Intervention;
(d) Given the child's present academic struggles, ofthe two parents
Father is better equipped to provide the child with the consistency and stability to return the
child's grades to the A's and B's he was receiving prior to the latter half ofthe 2005-2006
academic year; and
(e) Ofthe two parents, Father is better equipped to care for the child's
suspected Attention Deficit Disorder; teachers and Father have expressed concern over the
child's disruptive, distracted and disorganized manner, and despite several recommendations to
have the child evaluated for Attention Deficit Disorder, Mother has refused to have the child
evaluated and treated, which would aid greatly in correcting the child's academic decline.
13. 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.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order
granting him primary physical custody of the minor child.
Date:
I /;~ /~7
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Darren J. H0'fst, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.c.
130 Walnut Street / P.O. Box 810
Harrisburg, PAl 71 08
Telephone: (717) 234-2616
Counsel for Plaintiff, Chris D. Lubold
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ex~d"i t A-
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CHRIS D. LUBOLD,
Plaintiff
IN THE COURT Of COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO . 4677 S 1 996
TONYA L. CONZ,
Defendant
CIVIL ACTION - LAW
CHILD CrrSTOny
TEMPORARY
ORDER Qf_CQURI
AND NON, this
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day of _ C; C +-c.\ k.... &"\
1996, the parties having appeared for a CustoLly Mediation
Conference, Plaintiff represented by Counsel, Defendant pro se,
dlld L'jvi ng further reached temporary agreement ifJith regard t) the
best interests of t.he SUbject minor child, Jason Christopher
Lubold, born ,January 25, 1993, IT IS HEREBY ORDERED AND DEC,cEED
as follows:
subject minor child. 'l'hey shall consult with each oth;,,~r .,... _dtlve
1 . '{'he parties sha 11 have shared {:,;a J. eLlS tuc the
inClUding such matters as health, education, and religion.
to all important decisions concerning the Subject minor cn~ld,
child, <.10 per the f01Jol'\/1ng schedule:
2. The parties shall have custody of: t,Ile subject: nano!
a. Father shall have the child each week from
Monday evening at 4:00 p.m. until Wednesday evening at
4:00 p.m.
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b. Mother shall have the child each week from
4:00 p.m. Wednesday until Friday afternoon at 4:00 p.m.
c. Each of the parties shall be entitled to
alternating weekends from Friday evening at 4:00 p.m.
until Monday morning. Father shall be entitled to the
weekend of October 25, 1996.
d. Thanksgiving shall be alternated yearly by the
parties. It shall be celebrated from the day before
Thanksgiving at 4:00 p.m. until the day after
Thanksgiving at 4:00 p.m. Mother shall have
Thanksgiving in even numbered years, and Father shall
have Thanksgiving in odd numbered years.
e. Christmas shall be divided into two segments.
Segment A shall be from December 22 at 4:00 p.m. until
December 24 at 8:00 p.m. Segment B shall be from
December 24 at 8:00 p.m. until December 26 at 4:00 p.m.
In even numbered years, Hother shall have Segment A an,i
Father shall have Segment B. In odd numbered years,
Father shall have Segment A and Mother shall have
Segment B. However, it is further agreed that in liqht
of Father's pending marriage, in 1996 Mother shall tave
the child from December 20 until December 24 at 8:0J
p.m. Father shall have the child from December 24 at
8:00 p.m. until December 28 at 8:00 p.m. Thereaft0r,
Mother shall have the child for the balance of Father's
honeymoon, and thereafter the parties shall retur~ to
the normal schedule.
f. The remaining hOlidays shall be with whichever
party the child is normally scheduled to be with.
g. T::>regard:'ess of the aL)regoin<], ~.r'Jth?r' Day
shall be with Mother and Father's Day shall be w th
Father.
parties to this Order shall not possess or use any controlled
3. During any period of custody or visitation the
point of intoxication. The parties shall likewise assure, to the
substance, neither shall they consume alcoholic beverages to the
extent possible, that other household members and/or house guests
comply with this prohibition.
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made it difficult ~o co-parent the Subject minor child. In
ace expeciencing problems within their relatio:1Sh it' which have
4. It is acknowledged bet.ween the partif:::; that Liley
furtherance thereto, they have agreed to begin mediation under
the direction of Dr. Elliot Riegler. The purpose of this
mediation shall be to improve their communication skills and
foster a spiri L:
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c>r
cooperatio~ and teamwork bet~een them.
The
insurance reimbursement.
cost of Dr. Riegler's services shall be borne by Father, after
temporary in nature, such that either party shall be entitled to
5. The aforegoing Order of custody and visitation is
an additional Custody Mediation Conference after the conclusion
of Dr. Riegler's mediation, by requesting one from the Custody
Hediator.
BY THE COURT':
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CHRIS D. LUBOLD
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
07-222
CIVIL ACTION LAW
TONY A L. CONZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, January 24, 2007
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 16, 2007
, the conciliator,
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 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/
Hubert X Gilroy, Esq.
Custody Conciliator
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The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Oisabilites Act of 1990. For infonnation 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 (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN CUSTODY
CHRIS D. LUBOLD,
Plaintiff
NO. 07-222 CIVIL TERM
TONY A L. CONZ,
Defendant
PRAECIPE FOR DISCONTINUANCE
TO THE OFFICE OF THE PROTHONOTARY:
Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure, kindly discontinue
the custody action initiated by the Plaintiff, Chris D. Lubold, which Complaint was filed with the
court on January 11, 2007.
Respectfully submitted,
Date:
1/)-7/tJ7
~en~ol/,~:4
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Chris D. Lubold
, .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CNIL ACTION - LAW
IN CUSTODY
CHRIS D. LUBOLD,
Plaintiff
NO. 07-222 CNIL TERM
TONY A L. CONZ,
Defendant
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Chris D. Lubold, Plaintiff in the above-captioned
action, hereby certify that a true and correct copy of the foregoing Praecipe for Discontinuance
was served upon Tonya L. Conz, Defendant, via facsimile and by depositing same in the United
States mail, first class, on January 29,2007, addressed as follows:
T onya L. Conz
260 Cemetery Road
Newport, P A 17074
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Date:
/ /)-1 /!) r;
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,.....----.----...........,
Darren J. Holst, squire
HOWETT, KISSINGER, CONLEY & HOLST, P.e.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: 717-234-2616
Counsel for Plaintiff, Chris D. Lubold
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