Loading...
HomeMy WebLinkAbout03-1867cHELLE KANTES, PLAINTIFF RON DAUM, · IN THE coURT OF coMMON PLEAS : OF cuMBERLAND coUNTY, : PENNSYLVANIA :: NO.O3 -' 1~, 7 CIVIL TERM vs. :: CIVIL ACTION - LAW DEFENDANT : 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 Plaintiff. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1_800-990-9108 MICHELLE KANTES, PLAINTIFF VS. RON DAUM, DEFENDANT · IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.O3 -/ill 7 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY .COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MICHELLE KANTES, by and through her 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 "Mother") is MICHELLE KANTES who currently resides at 605 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant (hereinafter sometimes referred to as "Father") is RON DAUM who currently resides at 44 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. o Name KAYLA NICOLE DAUM Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Present Residence Date of Birth 605 Erford Road May 14, 1999 Camp Hill, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 605 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant Plaintiff and Defendant Plaintiff Plaintiff ADDRESS 112 Yost Boulevard Pittsburgh PA 409 Brookview Court Mechanicsburg PA 409 Brookview Court Mechanicsburg PA 605 Erford Road Camp Hill, PA DATES May 1999 to January 2000 January 2000 to February 14, 2003 February 14, 2003 to April 2003 April 2003 to Present 7. The Mother of the child is the Plaintiff, who currently resides at 605 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The Mother is single. 8. The Father of the child is the Defendant, who currently resides at 44 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Father is single. 9. The relationship of the Plaintiff to the child is that of the Natural Mother. Mother currently resides with the child. 10. The relationship of the Defendant to the child is that of the Natural Father. Father currently has a home which has no furniture or other amenities. Defendant actually stays overnight and primarily resides with his present paramour, whose name is not known, but who resides at 13 Marshall Drive, Camp Hill, Pennsylvania, 17011, where the Defendant takes the child during his visitation with the child. 11. The 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. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has always been the primary caregiver for the child since the child's birth; B. Mother and daughter have a close physical and emotional bond with each other; C. Mother has been employed at Highmark, Inc. as a paralegal, and has been there for approximately one and one-half (1 1/2) years. Previously Mother was employed with Goehring, Rutter and Boehm in Pittsburgh for three (3) years as a paralegal; D. Father has had ten (10) employment positions in the past two (2) years and, despite his formal education as an electrician, is presently unemployed; E. Father has another child, a son, with a different mother, whom he does not pay support for and with whom he does not have any contact; F. Mother resides in a home with a schedule and routine for her daughter; G. Father has a home, but appears to reside in the home of his paramour and be supported by her; H. Without any notice to Mother, Father sporadically shows up in the morning and states to Mother he is taking the child for the day. Mother is not able to prepare the child to be with Father and Mother loses the monies which she has paid for child care; I. When Father takes the child, he does not provide her with a proper diet, appropriate clothing, necessary medication, activities, essentially nothing, but television; J. Father has not and does not provide any support of any type for the child; K. Mother does not want to prevent Father from a relationship with the child. Mother does not want the stability and safety of the child's environment put at risk by Father and wants Father to see the child on a regular schedule. 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, MICHELLE KANTES, requests this Honorable Court award her SHARED LEGAL and PRIMARY PHYSICAL CUSTODY and Defendant, RON DAUM, SHARED LEGAL and PARTIAL PHYSICAL CUSTODY of the minor child, KAYLA NICOLE DAUM. Dated: April ~/,~, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. e A ~]n. De./gf°6r4~ai t/~° 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: MICHELLE KANTES/' MICHELLE KANTES PLAINTIFF RON DAUM DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-1867 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 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, Mechaniesburg, PA 17055 on Wednesday, May 21, 2003 at 8:30 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/ 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHELLE KANTES, : Plaintiff : RON DAUM : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1867 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this dayof -~_~"x, consideration of the attached Custody Conciliation Repo~, it is ~rdered and directed , 2003, upon as follows: 1. The Mother, Michelle Kantes and the Father, Ron Daun't shall have shared legal custody of Kayla Nicole Daum, born May 14, 1999. 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday morning, when the Father shall pick up the Child at daycare, through Saturday evening at 6:00 pm. During the interim weeks the Father shall have custody of the Child from Friday morning, when the Father shall pick up the Child at daycare, until 6:00 pm. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child on Christmas Eve from 6:00 pm until 8:00 pm and on Christmas Day, from 12:00 noon until 4:00 pm. The Mother shall have custody of the Child for the remainder of Christmas Eve through Christmas Day at 12:00 noon. B. NEW YEARS DAY: In every year, the Father shall have custody of the Child on New Years Day from 12:00 noon until 4:00 pm and the Mother shall have custody of the Child at all other times on New Years Day. C. EASTER: In every year, the Father shall have custody of the Child on Easter Sunday from 10:00 am until 12:00 noon, and the Mother shall have custody of the Child at all other times on Easter Sunday. D. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody for the entire day on Mother's Day and the Father shall have custody of the Child for the entire day on on Father's Day. E. JULY 4TM: In odd numbered years, the Father shall have custody of the Child on July 4th from 12:00 noon until 4:00 pm and the Mother shall have custody from 4:00 pm until after the fireworks. In even numbered years, tire Mother shall have custody of the Child on July 4th from 12:00 noon until 4:00 pm and the Father shall have custody from 4:00 pm until after the fireworks. F. HALLOWEEN: The parties shall altemate havh~g custody of the Child on Halloween Trick or Treat night each year. G. THANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving Day from 10:00 am until 1:00 pm and the Mother shall have custody at all other times on Thanksgiving Day. H. CHILD'S BIRTHDAY: In every year, the parties shall share having custody of the Child during the Child's non-school time on her birthday. I. PARENTS' BIRTHDAY'S: Each party shall be entitled to have a period of custody with the Child on his or her birthday each year. J. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. 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. 6. 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. cc: Michelle Kantes, Mother Ron Dam,Father MICHELLE KANTES, Plaintiff VS. RON DAUM Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1867 C1VIL 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Nicole Daum May 14, 1999 Mother 2. A Conciliation Conference was held on June 27, 2003 with the following individuals in attendance: The Mother, Michelle Kantes, and the Father, Ron Daum. Neither party is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator