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HomeMy WebLinkAbout03-0955Joseph G. Callaway, Plaintiff V. Christina L. Callaway, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT FOR CUSTODY 1. The Plaintiff Joseph G. Callaway is currently residing at 1010 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Christina L. Callaway is currently residing at 2081 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Children Kyle Joseph Callaway Nicole Elizabeth Callaway The children were born Date of Birth September 21, 1998 August 10, 2000 in wedlock. The children have been in the shared physical custody of both parties according to an informal agreement. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATES Joseph G. Callaway Warren Callaway (grandfather) Annabel Callaway (grandmother) 1010 South Market Street, Mechanicsburg, PA 07/2001 through present Christina L. Callaway Ed Hall (grandfather) Rhonda Hall (grandmother) Jason Hall (uncle) 2081 Longs Gap Road Carlisle, PA 12/2001 through present CIVIL ACTION - LAW IN CUSTODY Christina L. Callaway Unknown Joseph G. Callaway Christina L. Callaway Newberrytown, PA 765 Midway Road York Haven, PA 07~2001 - 12/2001 birth - 07/2001 The mother of the children is Defendant, Christina L. Callaway, and she is not married. Mother is the former spouse of the Plaintiff. The father of the children is Plaintiff, Joseph G. Callaway, and he is not married. Father is the former spouse of the Defendant. 4. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with Warren Callaway (paternal grandfather of subject minor children) and Annabel Callaway, (paternal grandmother of subject minor children). 5. The relationship of Defendant to the children is that of mother. Defendant currently resides with Ed Hall (maternal grandfather of subject minor children), Rhonda Hall (maternal grandmother of subject minor children) and Jason Hall (maternal uncle of the subject minor children). 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff has the full and complete ability and time to provide the necessary care for the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. None. WHEREFORE, Plaintiff requests the court to grant the relief herein requested. Respectfully submitted, MILLER LIPSITT, LLC BY: Christopher J. Keller, Esquire Supreme Court ID 86889 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. DATE: i'- l c/'O~ JOSEPH G. CALLAWAY PLAINTIFF CHRISTINA L. CALLAWAY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-955 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2003 , 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, April 01, 2003 at 11:00 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 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 heating. 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 JOSEPH G. CALLAWAY, Plaintiff V. CHRISTINA L. CALLAWAY, Defendant APR 0 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-955 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this ~ ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph G. Callaway and Christina L. Callaway, shall have shared legal custody of the children, Kyle Joseph Callaway, born September 21, 1998, and Nicole Elizabeth Callaway, born August 10, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Pending further Order of Court or agreement of the parties, the parties shall continue the status quo physical custody arrangement aS follows: A. The children shall be with each parent for one week at a time, alternating weeks on Sundays. Father's week shall begin on April 6, 2003 at 8:00 a.m. and continue until April 13, 2003 at 6:00 p.m. when Mother's custodial week begins. B. For any holiday, family event or other special occasion the children shall be in the custody of the parent having the children that week. C. The parties may have partial custody of the children during such additional periods as the parties shall from time to time agree in writing, without the need to modify the Order of Court entered as a result of this Stipulation. The parents shall not to unreasonably withhold consent for reasonable modification of this agreement as becomes necessary from time to time. NO. 03-955 CIVIL TERM D. The parties shall notify each other in a timely fashion if it is necessary, due to an emergency or unforeseen circumstance, for him or hier to delay at any of the time set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. E. Notice of the children's location: (1) The parties shall notify the other parent when a child is away from the parent's (having custody that week) primary residence for more than two consecutive nights and will provide an address and phone number where the child can be reached. (2) Both parents shall be kept informed as to the whereabouts of the children at all time. F. (1) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. Each parent shall have the right to see the children during such periods, to obtain medical and other records and to consult with care and treatment providers. (2) The Father, who maintains health insurance coverage on the children, shall immediately provide the Mother with a duplicate insurance card for the children and shall keep such cards current. If there is an insurance manual with a list of approved providers the Father will also assure the Mother receives one, as well as any updates, in a timely manner. G. The parents agree to assure the children attend activities scheduled for the children during their periods of partial custody, such as, but not limited to, school events, activities and outings, swimming and other such lessons, birthday and other parties to which the children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. H. Each parent shall have unsupervised and unrestricted telephone contact with the children at a minimum of three (3) times a week while the children are with the other parent. I. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as tO the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. NO. 03-955 CIVIL TERM J. The parties acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. K. The parents agree that the children shall attend school in the Mechanicsburg School District where the Father resides and that, for school purposes only, his residence shall be considered primary. The Mother agrees, when necessary during her periods of custody, to transport the children to school from her residence. 3. The parties shall participate in therapeutic family counselinig with Debra Salem of Interworks to assist that parents in developing a more effective co-parent relationship and to assist them in developing a strategy to make decisions together for the best interests of the children including, but not limited to, the children's physical custodial schedule. The parties shall participate in a minimum of three sessions. Costs not reimbursed by health insurance shall be shared by the parties in a ratio of 53% for Father and 47% for Mother. 4. A hearing is scheduled in Courtroom Number ,~ of the (~ourthouse, on the ~1~' day of ~1 ~-~ , 2(~0 , Cumberland County I~ M, at which tim~'~-e'~t~-~'o , .... ~,, ~.~ ,_,. ....._ ~___. at _ ;~'; ~ ~ o'clock · · ny ,,,, ~,~ ,,~,,un. r-or me purposes of the hearing, the Father, Joseph G. Callaway, shall be deemed to be the moving party and shall prOceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: BY THE~ J. James A. Miller, Esquire, 2157 Market Street, Camp Hill, PA 1701 Ruby D. Weeks, Esquire, 10 W. High Street, Carlisle, PA 17013 JOSEPH G. CALLAWAY, Plaintiff V, CHRISTINA L. CALLAWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-955 CIVIL TERM 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 conceming the children who are the subject of this litigation is as follows: NAME Kyle Joseph Callaway Nicole Elizabeth Callaway pATE OF BIRTH September 21, 1998 August 10, 2000 ~CURRENTLY IN THE CUSTODY OI- Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on April 1, 2003 in response to Father's filing of a Complaint for Custody on March 3, 2003. Present for the conference were the Father, Joseph G. Callaway, and his counsel, James B. Miller, Esquire; the Mother, Christina L. Callaway. Mother's counsel, Ruby D. Weeks, Esquire, Participated by telephone conference. 3. The parties reached an interim agreement in the form of an Order as attached. The only portion of the Order to which the parties were not in agreement was the phYsical custody schedule. 4. Father seeks primary physical custody of the children, alleging that Mother has a less stable environment within which to raise them. He reports that Mother has moved three to four times since separation and has had multiple boyfriends. In addition, he points out that she has worked two jobs and is therefore less available to parent the children than is he. Father also raised the concern that Mother decided to move to Virginia in January of 2003, and alleges that she failed to notify him until after the fact. He was concerned that she made this move even though she recognized that Father felt strongly that he wanted the children to attend school in the Mechanicsburg School District. Father also noted that the children would be subject to a lengthy car ride instant to custodial exchanges. As an alternative physical custody schedule, Father offered Mother a period of custody of Thursday through Friday morning, on alternate weeks. Father works forty hours a week and NO. 03-955 CIVIL TERM four hours on one Saturday per month. He is off work on each day at 4:30 p.m. where he has been employed at Faulkner Pontiac for the last fifteen years. 5. Mother's position on custody is as follows. Mother is a customer service representative for Graybar Electric in Harrisburg. With the exception of a two year childbearing/childrearing break, she has been employed there since 1993, having returned to work in 2001. Mother wants to continue the shared physical custody plan that the parties have been following in their informal arrangement for the last year and a half. She says that she has had only one relationship since the parties' separation and that she is presently engaged to be married to this man. She and her paramour are presenitly residing with her parents in Carlisle subsequent to her decision to move back to Pennsylvania from Maryland. Mother reports that she feels that her move to Maryland, her choice to return to school at HACC, and her choice to allow the children to attend church with Father on Sundays is being "used against her". 6. It seems that the parties have a pattern of communication which is difficult at best and tends to leave one parent or the other feeling left out of the loop on important decisions related to the children. Accordingly, part of the plan to which the parties agreed was to participate in counseling to assist them in making adjUstments to their communication style which would facilitate their parenting relationship and improve their ability to parent the children together. Inasmuch as the parties have still not resolved the issue of Father's petition for primary physical custody of the children, a hearing will be Date Melissa Peel GreeVy, Esquire // Custody Conciliator :211710