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HomeMy WebLinkAbout03-0722JAMIE R. HALKO, vs. Plaintiff KELLY P. HENSLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O2 ~ ~~ ~i~'~ : CIVIL ACTION - LAW : CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Jamie R. Halko who is currently residing at 5029 East Trindle Road, Apt. 5, Mechanicsburg, PA 17050. 2. The Defendant is Kelly P. Hensley who is currently residing at 509 Kevin Court, Camp Hill, PA 17011. 3. Plaintiff seeks shared physical and legal custody of Isabella K. Halko born December 8, 1997. Half of the time Isabella K. Halko lives with her father at 5029 East Trindle Road, Apt. 5, Mechanicsburg, PA 17050 and half of the time she lives with her mother at 509 Kevin Court, Camp Hill, PA 17011. 4. The child was born out of wedlock. 5. From December 8, 1997 until the summer of 2000, Isabella lived with Kelly P. Hensley, Jamie R. Halko and Thomas R. Hensley (13 year old son of Kelly P. Hensley) at 117 April Drive, Camp Hill, PA 17011. From the Summer of 2000 until March of 2002, Isabella lived with Kelly P. Hensley, Jamie R. Halko and Thomas R. Hensley at 509 Kevin Court, Camp Hill, PA 17011. From March 2002 until the present, Isabella resides half of time with Kelly P. Hensley and half of the time with Jamie R. Halko. Kelly P. Hensley also lives with her 13 year old son, Thomas Ryan Hensley. Other then Isabella residing with him for half of any given week, Jamie R. Halko lives alone. 6. The mother of the child is Kelly P. Hensley and she currently is residing at 509 Kevin Court, Camp Hill, PA 17011. She is not married. The father of the child is Jamie R. Halko and he is currently residing at 5029 East Trindle Road, Apt. 5, Mechanicsburg, PA 17050. He is not married. 7. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with Isabella K. Halko half of the time. 8. The relationship of Defendant to the child is that of mother. The Defendant currently resides with Isabella K. Halko half of the time and the Defendant's son, Thomas Ryan Hensley, resides full time with Kelly P. Hensley. 9. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 11. 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 rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because it is in Isabella's best interest that she maintain a good relationship with each parent and the best way to do that is by having her spend as much time as possible with each parent. 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, Jamie R. Halko requests the Court enter an Order granting both he and Kelly P. Hensley shared physical and shared legal custody of Isabella K. Halko. YOFFE & YOFFE, P.C. ~EFFRE~ N. Y6F~E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 JAMIE R. HALKO, vs. Plaintiff KELLY P. HENSLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.. §490~ relating to unsworn falsification to authorities. Dated: JA~IE R. HALKO JAMIE R. HALKO PLAINTIFF KELLY P. HENSLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-722 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Thursday, February 27, 2003 , 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, Meehaniesburg, PA 17055 on Tuesday, March 25, 2003 at 1:00 PM for a Pre-Hearing Custody Conlbrence. 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 apl3ear 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 CO'URT, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAMIE R. HALKO, · Plaintiff · VS. ' KELLY P. HENSLEY - Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-722 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ~'1'~ day of 1~~°-' , 2003, upon AND NOW, this consideration of the attached Custody Conciliation Report,i,it .s ordered and directed as follows: 1. The Father, Jamie R. Halko and the Mother, Kelly P. Hensley shall have shared legal custody of Isabella K. Halko, bom December 8, 1997. 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 her 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. 2. The parties shall share having physical custody of the Child in accordance with the following bi-weekly schedule which shall repeat on a continual basis: The Father shall have custody from after school on Friday through Wednesday after school. · The Mother shall have custody from after school on Wednesday through Monday after school. · The Father shall have custody from after school on Monday through Wednesday after school. · The Mother shall have custody from after school on Wednesday through Friday after school. 3. The parties shall share or altemate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. B. MOTHER'S DAY / FATHER'S DAY: In every year the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement of the parties. C. REMAINING HOLIDAYS: The parties shall equally share or alternate having custody of the Child on all other holidays as arranged by agreement. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have uninterrupted periods of custody with the Child each summer as arranged by agreement. 5. Unless otherwise agreed, all exchanges of custody shall take place at the Child's preschool / kindergarten. For any exchanges which do not take place at school, the party receiving custody shall be responsible to provide transportation for the exchange. 6. Both parties shall ensure that the Child is transported during his or her periods of custody at all times in an age appropriate car seat. 7. In even numbered years, the Mother shall be entitled to claim the dependency exemption for the Child and in odd numbered years the Father shall be entitled to claim the exemption. 8. 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. 9. This Order is entered pursuant to an agreement of the parties 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. Jo JAMIE R. HALKO, Plaintiff VS. KELLY P. HENSLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-722 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Isabella K. Halko DATE OF BIRTH December 8, 1997 CURRENTLY IN CUSTODY OF Father / Mother 2. A Conciliation Conference was held on April 30, 2003, with the following individuals in attendance: The Father, Jamie R. Halko, with his counsel, Jeffrey N. Yoffe, Esquire and the Mother, Kelly P. Hensley, with her counsel, Joan Carey, Esquire 3. The parties agreed to entry of an Order in the form as attached. Although the dependency exemption is a support issue and was not conciliated at the conference, the parties requested that their agreement to alternate this tax benefit be confirmed in the proposed Order. Date Custody Conciliator