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HomeMy WebLinkAbout03-1513ANNE J. CALAFATY Plaintiff VICTOR B. CALAFATY Defendant :COURT OF COMMON PLEAS :OF :CUMBERLAND COUNTY, PENNSYLVANIA ~,IO. 03-15(3 CIVIL TERM :CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Anne J. Calafaty, residing at 32 North High Street, Newville, Cumberland County, Pennsylvania, 17241. 2. The defendant is Victor B. Calafaty, residing at 1933 East Clarence Street, Philadelphia, Philadelphia County, Pennsylvania, 19134. 3. The plaintiff seeks to have partial custody of defendant, as ordered by Court of Common Pleas, Philadelphia County on February 13, 2003, suspended. The children affected by this order are as follows: Name Permanent Residence Age Janine Calafaty 32 N. High Street 12 years Newville, PA 17241 Nicole Calafaty 32 N. High Street 10 years Newville, PA 17241 Sarah Calafaty 32 N. High Street 8 years Newville, PA 17241 4. The children were not born out of wedlock. 5. The mother currently has primary physical custody of all three children. 6. The father currently has partial physical custody of the three children on alternating Sundays for 6 hours, along with some holiday partial custody. 7. During the last five years the children have resided with the following persons at the following addresses: Name(s) Address Date Anne J. Calafaty 32 N. High Street June 2002 to present DeDovelle Smith Newville, PA 17241 Anne Calafaty Victor Calafaty 6726 Jackson Street Philadelphia,PA 19135 1998 to June 2002 Anne,Calafaty Victor Calafaty 3431 Reach Street Philadelphia, PA 19134 1997 to 1998 The mother of the children is Anne Calafaty, currently residing at 32 N. High Street, Newville, Cumberland County, Pennsylvania, 17241. The mother is single and currently resides with the three children and Dovelle Smith. o The father of the children is Victor Calafaty, currently residing at 1933 East Clarence Street, Philadelphia, Philadelphia County, Pennsylvania, 19134. The father is single and currently resides with his parents in their home. 10. The relationship of plaintiff to children is that of mother. 11. The relationship of defendant to children is that of father.\ 12. The plaintiff has participated in litigation concerning the custody of this children in the Court of Common Please, Philadelphia County, Case ID # 0(20100802, a copy of which is attached to this Complaint. 13. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to, the following: a). The mother has been active in the care and nurturing of the children since birth, including providing for their physical, educational, emotional and spiritual well being. b). The father has not acted in the best interest of the children in ways including but not limited to the following: i.) During a period of partial custody on March 23, 2003, the father, while driving erratically on Interstate 95 in Philadelphia, Pennsylvania, stated to the three minor children, "I'm just gonna get in accident right now," causing the children to fear for their safety. ii.) During a period of partial custody on March 23, 2003, the father grabbed the arm of the eldest child, shook her and told her he was going to beat her ass, because she did not do what he wanted done iii.) The three children express feelings of fright and anxiety when discussing past and future visits with their father, fearing that if they do not act in a manner he deems acceptable, they will be abused in the same fashion their mother was in the past. iv.) The youngest child, Sarah, expresses concerns about the time, two years ago, that the father threw her across the room as she attempted to rescue the mother from the abusive father. v.) The youngest child, Sarah, complains that the father "grabs at her", leaving marks on her arms. vi.) The three children express fear over how the father will react if he is informed of the fact that they are afraid to visit him. vii.) The three children all express concern over the father's alcohol abuse. viii.) There is a Protection from Abuse Order limiting the father's contact with the mother, same being filed in the Court of Common Pleas of Cumberland County, docketed at number 02-4889. ix.) In the past two years, the father has his license revoked for driving while intoxicated and has been charged with making terroristic threats, drug possession and being in contempt of a protection from abuse order. c).The mother is the parent best able to facilitate contact with the other parent. In spite of the violence inflicted upon the mother, she continues to be agreeable to contact with the father by telephone or visits once his destructive behavior is under control. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court suspend the periods of partial physical custody granted the father by the Philadelphia Court of Common Pleas until the father enters and successfully completes an anger and alcohol counseling program and replace such periods of partial custody with court supervised visitations. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, 19iargar~ M. Simok Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I J,1 '.['}J~ COURT . !CTOP L:J. CALAFATY VS. Abll-II.~ ,J. CALAFATY PLEAS OF PHILADELPH]iA }UNTY PETITIONER RES PON DENT FAMILY COURT DIVISION CIVIL ACTION CUSTODY CASE ID. 0C0100802 ORDER NO. 20030213 CUSTODY, PARTIAL CUSTODY, VISITATION AGREE~IENT AND NOW, THIS 13TH DAY OF FEBRUARY wee~q ICTOR P~. CALAFATY V ' , 2003, IT IS AGREED BY AND ,~. CALAFAT"f , Petitioner and , Respon,zler~t fha ~ the (?:Pure a c~]stody determination and order as fo.Llows: M E H T ;!''TILER SHALL COtlTINUE TO HAVE PRIMARY PHYSICAL CUSTODY OF CHILDREN. N,.Y,TIIER Al'lO FATHER SHALL CONTINUE TO HAVE SHARED LEGAL CUSTODY (DF [:'ATIIER SHALL HAVE PARTIAL PHYSICAL CUSTODY EVERY OTHER SUNDAY }"ROM NOON 'i':3 dPM. HOTHER SHAI, L BE RESPONSIBLE FOR THE TRANSPORTATION. 'i'i EVEH-bI[tMBEPEIi3 'fEARS, MOTHER SHALL HAVE CHRISTMAS AND 4TH OF JULY; AND I'?',TIIER SIIAI, L HAVE EASTER AND THANKSGIVING. THIS SCHEDULE SHALL BE , ~: RoED IN ODD-NUMBERED YEARS. MOTHER SHALL HAVE MOTHER'S DAY AND FATHEP. ;iII?,,I,L IIAVE FATIIER'S DAY. i-'.'Vi'Ilt;iR SttALL NAVE: GENEROUS PHOHE CO['N'ACT WITH THE CHILDREN. THE PARTIES ::~{n.l~I, HAVE PROPER PHONE E'PIQ[JETTE AND SHALL RETURN PHONE CALLS ~-' Ii <)f',q PT 1, Y. '!,"f,141 B. CA~,AFATY VS ANNE J'. CALAFATY :'/',.:;f:: ill}. 0C0]00802 ORDER NO. 20030213 TIi]~; AGREEPIEI'4T I)ISPOSES OF ALL OPEN PETITIONS. · / , ' COPII~S SENT PIJRSUANT TO FEB t S 2003 BY Tile COURT: % . / FIRST JUDICIAl,- OI~'fRICT OF PA USER I.D.: .Af.~,':.:C .... VERIFICATION The above named Plaintiff, Anne Johnine Calafaty, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to aut!~orities. Date: Anne Jo~y,~alafaty d/.: - ANNE J. CALAFATY Plaintiff VICTOR B. CALAFATY COURT OF COMMON PLEAS :OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-)5/3 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anne J. Calafaty, Plaintiff, to proceed in forma pauperis. I, Margaret M. Simok, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MargarO M. Simok Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ANNE J. CALAFATY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTOR B. CALAFATY, DEFENDANT 03-1513 CIVIL TERM ORDER OF COURT AND NOW, this '~~_~_day of April, 2003, the within petition for special relief, IS DENIED. The petition for change of cu~ go to conciliation. Edgar B. Bayley~O. Margaret M. Simok, Esquire CO~J ~t,~, For Plaintiff Kenneth A. Young, Esquire 1429 Walnut Street, 8th Floor Philadelphia, PA 19102 :sal ANNE J. CALAFATY Plaintiff/Petitoner VICTOR B. CALAFATY Defendant/Respondent :COURT OF COMMON PLEAS :OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff, Anne J. Calafaty, by and through her counsel, Margaret M. Simok of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 32 North High Street, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is the above-named Defendant, Victor B. Calafaty, hereinafter referred to as the father, whose current residence is 1933 East Clarence Street, Philadelphia, Philadelphia County, Pennsylvania, 19134. 3. The above-named parties are the natural parents of Janine Calafaty, born February 12, 1991, Nicole Calafaty, bom October 16, 1992 and Sarah Calafaty, born June 2, 1994. 4. A Complaint for Custody was filed on contemporaneously with this Petition for Special Relief. 5. The father is not acting in the children's best interests for reasons including, but not limited to, the following: i.) During a period of partial custody on March 23, 2003, the father, while driving erratically on Interstate 95 in Philadelphia, Pennsylvania, stated to the three minor children, "I'm .just gonna get in accident right now," causing the children to fear for their safety. ii.) During a period of partial custody on March 23, 2003, the father grabbed the arm of the eldest child, shook her and told her he was going to beat her ass, because she did not do what he wanted done. iii.) The three children, who observed their father abuse their mother throughout the marriage, express feelings of fright and anxiety when discussing past and future visits with their father, fearing that if they do not act in a manner he deems acceptable, they will be abused in the same fashion their mother was in the past. iv.) The youngest child, Sarah, expresses concerns about the time, two years ago, that the father threw her across the room as she attempted to rescue the mother from the abusive father. v.) The youngest child, Sarah, complains that the father "grabs at her", leaving marks on her arms. vi.) The three children express fear over how the father will react if he is informed of the fact that they are afraid to visit him. vii.) The three children all express fear and concern over the father's alcohol abuse. viii.) There is a Protection from Abuse Order limiting the father's contact with the mother, same being filed in the Court of Common Pleas of Cumberland County, docketed at number 02-4889. ix.) In the past two years, the father has his license revoked for driving while intoxicated and has been charged with making terroristic threats, drug possession and being in contempt of a protection from abuse order. x.) The father has told the children on may occasions that he intends to kill or harm their mother. 6. The mother fears that the father may act on his threats to harm the children. 7. The mother has attempted to facilitate the terms of the February 13, 2003, custody agreement, but fears for the safety of the children given the stories she is told after each visit. 8. The mother requests that the Court suspend the father's periods of partial custody and visitation until the father enters and successfully completes alcohol and anger management counseling. The mother further requests that the court order the father have supervised visitation at the YWCA in Carlisle, Pennsylvania. at risk. Without this Court's intervention, the safety and welfare of these three children is WHEREFORE, Petitioner respectfully requests the following: a.) that the Court suspend the father's periods of partial custody; b.) the father enter and successfully complete alcohol and anger management counseling; and c.) that the Court order the father have supervised visitation at the YWCA in Carlisle, Pennsylvania. Petitioner also requests any other relief this court deems .just and proper. Respectfully submitted, Margaret M. Simok Attorney for Plaintiff/Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above named Plaintiff, Anne Johnine Calafaty, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. ~,~.alafaty ~/~ ANNE J. CALAFATY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTOR B. CALAFATY, DEFENDANT 03-1513 CIVIL TERM AND NOW, this special relief, IS DENIED. ORDER OF COURT ~ _day of April, 2003, the within petition for The petition for change of custod, Margaret M. Simok, Esquire C_O~,/ ~,,~., For Plaintiff ~~~1 go to conciliation. ~ B. Bayley~J. Kenneth A. Young, Esquire 1429 Walnut Street, 8th Floor Philadelphia, PA 19102 :sal ANNE J. CALAFATY Plaintiff/Petitoner VICTOR B. CALAFATY Defendant/Respondent :COURT OF COMMON PLEAS :OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff, Anne J. Calafaty, by and through her counsel, Margaret M. Simok of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 32 North High Street, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is the above-named Defendant, Victor B. Calafaty, hereinafter referred to as the father, whose current residence is 1933 East Clarence Street, Philadelphia, Philadelphia County, Pennsylvania, 19134. 3. The above-named parties are the natural parents of Janine Calafaty, bom February 12, 1991, Nicole Calafaty, born October 16, 1992 and Sarah Calafaty, born June 2, 1994. 4. A Complaint for Custody was filed on contemporaneously with this Petition for Special Relief. 5. The father is not acting in the children's best interests for reasons including, but not limited to, the following: i.) During a period of partial custody on March 23, 2003, the father, while driving erratically on Interstate 95 in Philadelphia, Pennsylvania, stated to the three minor children, "I'm just gonna get in accident right now," causing the children to fear for their safety. ii.) During a period of partial custody on March 23, 2003, the father grabbed the ann of the eldest child, shook her and told her he was going to beat her ass, because she did not do what he wanted done. iii.) The three children, who observed their father abuse their mother throughout the marriage, express feelings of fright and anxiety when discussing past and future visits with their father, fearing that if they do not act in a manner he deems acceptable, they will be abused in the same fashion their mother was in the past. iv.) The youngest child, Sarah, expresses concerns about the time, two years ago, that the father threw her across the room as she attempted to rescue the mother from the abusive father. v.) The youngest child, Sarah, complains that the father "grabs at her", leaving marks on her arms. vi.) The three children express fear over how the father will react if he is informed of the fact that they are afraid to visit him. vii.) The three children all express fear and concern over the father's alcohol abuse. viii.) There is a Protection from Abuse Order limiting the father's contact with the mother, same being filed in the Court of Common Pleas of Cumberland County, docketed at number 02-4889. ix.) In the past two years, the father has his license revoked for driving while intoxicated and has been charged with making terroristic threats, drug possession and being in contempt of a protection from abuse order. x.) The father has told the children on may occasions that he intends to kill or harm their mother. 6. The mother fears that the father may act on his threats to harm the children. 7. The mother has attempted to facilitate the terms of the February 13, 2003, custody agreement, but fears for the safety of the children given the stories she is told after each visit. 8. The mother requests that the Court suspend the father's periods of partial custody and visitation until the father enters and successfully completes alcohol and anger management counseling. The mother further requests that the court order the father have supervised visitation at the YWCA in Carlisle, Pennsylvania. at risk. Without this Court's intervention, the safety and welfare of these three children is WHEREFORE, Petitioner respectfully requests the following: a.) that the Court suspend the father's periods of partial custody; b.) the father enter and successfully complete alcohol and anger management counseling; and c.) that the Court order the father have supervised visitation at the YWCA in Carlisle, Pennsylvania. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Margaret M. Simok Attorney for Plaintiff/Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above named Plaintiff, Anne Johnine Calafaty, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~ - [ -0,~ ANNE J. CALAFATY PLAINTIFF VICTOR B. CALAFATY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1513 CIVIL ACTION LAW IN' CUSTODY .ORDER OF COURT AND NOW, Friday, April 04, 2003 , upon consideration of tl4e attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. VOrney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 15, 2003 at 10:30 AM for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolTM 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 apt)ear 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 scheduletI hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. Custody Conciliator Am The Court of Common Pleas of Cumberland County is required by law to co ply with the ericans with Disabilites Act of 1990. For information about accessible facilities a~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 APR 1 7 2003 ANNE J. CALAFATY, Plaintiff Ve VICTOR B.CALAFATY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1513 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this [~ day of ~ ,2003, upon consideration of the attache~ ~ustody Concilia~i6n Report, it is ordered and directed as follows: 1. The prior Agreement dated February 13, 2003 is hereby vacated. 2. The Mother, Anne J. Calafaty, and the Father, Victor B. Calafaty, shall have shared legal custody of Janine Calafaty, bom February 12, 1991, Nicole Calafaty, October 16, 1992 and Sarah Calafaty, born June 2, 1994. 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. 3. Mother shall have primary physical custody of the children. 4. Father shall enter and successfully complete alcohol treatment/counseling and anger management counseling. 5. Father shall have weekly periods of supervised visitation at the YWCA in Carlisle, Pennsylvania. 6. This Order is entered pursuant to the request of Mother at a Custody Conciliation Conference. The parties may modify the provisions of this Orjiler by mutual consent. In the absence of mutual consent, the terms o~O~~~ntrol. Edgar B. Bi~ley, ~"'~ J. cc: Margaret Simok, Esquire, Mid Penn Legal Services, Counsel for Mother Kenneth Young, Esquire, Counsel for Father ANNE J. CALAFATY, Plaintiff Ve VICTOR B. CALAFATY, Defendant PRIOR JUDGE: Edgar B. Bayley, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-1513 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Janine Calafaty February 12, 1991 Mother Nicole Calafaty October 16, 1992 Mother Sarah Calafaty June 2, 1994 Mother 2. A Conciliation Conference was held in this matter on April 15, 2003, with the following individuals in attendance: The Mother, Anne J. Calafaty, with her counsel, Margaret Simok, Esquire, Mid Penn Legal Services. Father, nor his counsel appeared although advised of the Conference. 3. A prior Order of Court, dated April 2, 2003 was entered by the Honorable Edgar B. Bayley, denying Mother's request for Special Relief. A prior agreement was entered in Philadelphia County dated February 13, 2003 providing for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody of the children. 4. Mother requested an Order in the form as attached. Date ey, Esquire Custody Conciliator