Loading...
HomeMy WebLinkAbout02-4373BRADLEY L. SELTZER, PLAINTIFF YS. WENDY D. SELTZER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. ~2:~-- ~J~G'~ : : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 BRADLEY L. SELTZER, PLAINTIFF VS. WENDY D. SELTZER, DEFENDANT PENNSYLVANIA NO. - CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, BRADLEY L. SELTZER, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff(hereinafter sometimes referred to as "Father") is BRADLEY L. SELTZER, who currently resides at 326 Arlon Court Road, Seaside, California, 93955. This is Plaintiff's "temporary" address. The Plaintiffis in the military and, due to the fact the Plaintiff is sent to different locations while in the military, the Plaintiff also has a "permanent" address, which is 45 Ritchey Road, Fayetteville, Franklin County, Pennsylvania, 17222. 2. The Defendant (hereinafter sometimes referred to as "Mother") is WENDY D. SELTZER, who currently resides at 27 South 24a Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff seeks to continue Joint Legal Custody and change the terms of his Name Bradley R. Seltzer present Partial Physical Custody of the following child: Present Residence 27 South 24th Street Camp Hill, PA 4. Date of Birth 08/12/93 The child is the natural child of the Plaintiff and Defendant. 5. The child is presently in the Primary Physical Custody of the Defendant who resides at 27 South 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Name(s) Defendant and Plaintiff Defendant Defendant Address Mechanicsburg, PA Camp Hill, PA 27 South 24th Street Camp Hill, PA Dates Birth to 1996 1996 to 1999 Fall 1999 to Present 7. The mother of the child is the Defendant who currently resides at 27 South 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. The mother and father were divorced on March 1 I, 1997. Mother lives alone with the child and has not remarried. 8. The father of the child is the Plaimiff who currently resides at 326 Arlon Court Road, Seaside, California, 93955. The mother and father were divorced on March 11, 1997. Father lives with his wife, Carol Seltzer (hereinafter sometimes referred to as "Stepmother"), who he married on October 4, 1997, and their daughter, Jessica Seltzer. 9. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: 10. currently resides with the following persons: Name CAROL SELTZER JESSICA SELTZER Name Relationship BRADLEY R. SELTZER Son The relationship of the Plaintiffto the child is that of natural father. Plaintiff Relationship Wife Natural child of the marriage of Plaintiff and Carol Seltzer 11. Plaintiffhas participated as a party in a prior custody agreement concerning the custody of the child in this court. Plaintiff's mother, Shelby Seltzer, joined Plaintiff in that action. Plaintiff is filing this action alone at this time. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 95-1285 Civil Term, the result was a custody order dated October 2, 1995, a copy of which is attached hereto and made a part hereof as Exhibit "A". 12. Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 13. Plaintiff 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 fights with respect to the child. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother demonstrates little concern or consideration for Father's relationship with their child; B. Mother has and continues to take deliberate actions to prevent Father from contact with his child; C. The parties were and continue to be unable to reach an agreement regarding Father and Stepmother's visitation in light of Father's location; D. Father is in the military and will be leaving the country to reside in Germany for a minimm of one to two (1-2) years. If the present custody order is not changed, Father and Stepmother fear they will not be able to have any visitation with their child; E. Mother has acted in ways to thwart even Father's minimal contacts with his child in whatever form Father and Stepmother attempt to have communication and contact with the child;. F. Mother has continued to speak derogatorily about both Father and Stepmother, which has obviously caused the child to be upset; G. Father and Stepmother have great love and concern for the child; H. Father and Stepmother believe it is in the child's best interests to be with his Father and Stepmother to develop a close bond and relationship with them and to be able to enjoy significant periods of time with them. I. Father and Stepmother believe this child's physical and psychological health, education, and social well being will benefit from the child having significant periods of time for visitation with Father and Stepmother. 15. 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, BRADLEY L. SELTZER, requests this Honorable Court continue SHARED LEGAL CUSTODY between MOTHER and FATHER, and grant Plaintiff, BRADLEY L. SELTZER, CHANGED PARTIAL PHYSICAL CUSTODY of the minor chi/d, BRADLEY R. SELTZER, with PRIMARY PHYSICAL CUSTODY to Defendant, WENDY D. SELTZER. Dated: September ~'~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Couns KelafYorC~adii i~squire -- PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 $~p 09 02 09:41a FRO P~OG~RMS yERIFICATION The undersigned hereby verifios that the faets avert, ed in the foregoing document are true and correct to the best of his knowledge, information, and belief. This vexifica~ion is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. EXHIBIT "A" SHELBY SELTZER, Plaintiffs v ~ENDF D. SELTZER, Defendant ~IN THE COURT OF CONMOW PLEAS OF ~CUHBERLA~D COUNTY, PENNSYLVANZA XNO. 12~ - CIVXL - 199~ ~CIVIL ~CTXO~- CU~Y COURT AND'NOw, tht·_~__~dey of~, 1995, upon~onetderatton of the attached Custody Conciliation Re~ort, iC Is ordered and directed as follows~ The Father, Bradley ~. Seltzer and the Hother, Wendy D. Seltzer, shall enjoy shared legal custody of Bradley R. Seltzer born August ]2, 1993. The Wo~her shall enjoy primer~phy·ical custody of the minor child. The Father shall enjoy temporsryphysioal custody of the m/nor ohild as followsI A. On alter~eti~gweeke~s fr~m Friday at such time when the Father is available to pick up the child until Sunday evening at B. For · per/od of two weeks in the summer. Father · hall advise Hother at least by Hay 1 of each year ss to when he intends to exercise ~he two weeks vacation. Over the Christmas holldsy for s period of at less~ three ~sys to be arranged between the pe~ties. A shartn~lalternating of other major holidays as agreed upon by the parties. E. At such other times as may be agreed upon by the parties ~nd subject to Father's ability to be in . the Cumberl~d County. area. ~af:he~ aha11 handle al1 eranepox~ca~ion ~o~ o~ custody. Xat~leen Carey DaleJ?, Esquire TRUE COPY FROM RECORD In Testimony ~*h~rcof, I ~cre unfo set my.hand and the ~eel of said Court at C~rlisle~ Pa. ~h~, ,A~.... ~y of........~...?, zg..~..~- ~.., otho~otary BRADLEY L. SELTZER PLAINTIFF WENDY D. SELTZER : DEFENDANT .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4373 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 15, 2002 at 10:00 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 ora 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/ Dawn S. Sunday, 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 BRADLEY L. SELTZER, PLAINTIFF WEN-DY D. SELTZER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4373 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND : Be it known, that on the O~rxA day of ~ ,2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Bradley L. Seltzer, Plaintiff in the above-capfoned matter. 3. On September 23, 2002, a true and correct copy of the Complaint for Custody, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9475, and addressed to the Defendant, Wendy D. Seltzer, at 27 South 24t~ Street, Camp Hill, PA 17011. 4. The return receipt card signed by the Defendant, Wendy Seltzer, showing a date of service of September 24, 2002, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. Counsel for Plai~_~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this C~~ day of Notary Public My Commission Expires: Hanford, Notar,/Public I , .Cum .13~1a1~1. County I pges/~r. 4, 2005 I · C~rnplete Items 1, 2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · ~ your name and address on the reverse ~ that we can return the card to you. · At~ach this card to the back of the mallpisce, or on the flont if - ~c__-e permits. RESTRICTED DELIVERY D. Is clellve~ [] Yes If YES, e~er del~ve~ ~ ~ [] No I: , Servl~'lype . . ' .... _~Cerafted Mai~ 1:3~r=xpmss Ma~ [] P. aglstemd. 0. Return Receipt for Mem~mel~ [] Irmured Mail [] C.O.D. 2. A~ele Number (Copy from sen4ce/ab 7001 2510 0003 4439 9475 Exhibit "A" BRADLEY L. SELTZER, Plaintiff VS. WENDy D. SELTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4373 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this '~ day of ~ , 2002, upon consideration of the attached ~ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 2, 1995 is vacated and replaced with this Order. 2. The Father, Bradley L. Seltzer, and the Mother, Wendy D. Seltzer, shall have shared legal custody of Bradley R. Seltzer, bom August 12, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. Prior to the Father's departure for his 3 year military assignment in Germany, the Father shall have partial physical custody of the Child fi.om October 26, 2002 at 10:00 a.m. through October 27, 2002 at 8:00 p.m. 5. During February 2003, the Mother shall obtain an assessment of the Child by Georgi Anderson or other professional selected by agreement of the parties and counsel. The purpose of the assessment shall be to evaluate, and obtain recommendations concerning, the Child's readiness to spend an extended six week period of time with the Father in Germany during the summer of 2003 and for more extended periods during the summers of 2004 and 2005. 6. The c ' . ounselor s recommendations shall be promptly provided to the Father or the Father's counsel upon receipt. Counsel for either party may contact the Conciliator within 60 days of receipt of the counselor's recommendations in order to schedule an additional Custody Conciliation Conference if necessary to establish summer custody arrangements. The Mother shall be responsible to pay all costs of the assessment which are not otherwise covered by insurance. The Mother shall make arrangements to schedule the evaluation sufficiently in advance to ensure that the counselor's recommendations are available by March 1, 2003. 7. The Father shall contact the Child by telephone at 6:00 p.m. on Wednesdays and the Mother shall ensure that the Child contacts the Father by telephone on Sunday mornings each week unless otherwise agreed between the parties. Father. 8. The Mother shall ensure that the Child receives any E-mail correspondence sent by the 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the pan/es at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Susan K. Candiello, Esquire - Counsel for Father Kara W. Haggerty, Esquire - Counsel for Mother 0 ~x.i 27) BRADLEY L. SELTZER, Plaintiff VS. WENDy D. SELTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 02-4373 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODy CONCILIATION SUMMARy REPORT PROCEDUo~N,~A~CC~ORDANCE WITH C'" ..... ~-~ l~..~_~, the undersigned c,,,o+~.~.~'s~,.RI'AND COUNTY RIr~ v c,,, ..... "uyconcmator submit ...... -'~'" --v CIVIL ~ me/Ollowing report: follows:l. The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH C___UURRENTLY IN CUSTODY Ov Bradley R. Seltzer August 12, 1993 Mother 2. A Conciliation Conference was held on October 10, 2002, with the following individuals in attendance: The Father, Bradley L. Seltzer, with his counsel, Susan K. Candiello, Esquire, and the Mother, Wendy D. Seltzer, with her counsel, Kara W. Haggerty, Esquire. 3. The part/es agreed to entry of an Order in the form as attached. Custody Conciliator