HomeMy WebLinkAbout03-3110LISA A. OHRN,
DANIEL J. O}{RN,
Plaintiff :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.03- ,J/1/ czvI~, TERM
IN DIVORCE
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 prompt
action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You
may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Court House, 1 Courthouse
Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPMONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone 249-3166 or 1-800-990-9108
TUCKER ARENSBERG, P.C.
Attorney I.D. No. 32551
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
LYNN AND JOHN MALAKIN,
Petitioners
V,
BONNIE AND SCOTT MALAKIN,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. ~,:,'} ~ .,~ l l (~ d'~ o ~
:
: CIVIL ACTION - CUSTODY
;
COMPLAINT FOR CUSTODY
The Petitioners are Lynn and John Malakin, a citizen of Pennsylvania, residing at 136
Forest Drive, Camp Hill, Cumberland County, Pennsylvania, 17011.
The Respondents are Bonnie and Scott Malakin, citizens of Pennsylvania, residing at 3
Richland Lane, Apartment 108, Camp Hill, Cumberland County, Pennsylvania, 17011.
Petitioner seeks custody of the following children:
Name Present Residence
Julia Ann Malakin 3 Richland Lane
Apt. 108
Camp Hill, PA 17011
Jasmine Lynn Malakin 3 Richland Lane
Apt. 108
Camp Hill, PA 17011
The children are presently in the custody of the Respondents, Bonnie and Scott Malakin,
who reside at 3 Richland Lane, Apartment 108, Camp Hill, Cumberland County,
Pennsylvania, 17011.
From the date of birth, the children have resided with the following persons and at the
following addresses:
15 years (D.O.B. 7/1/87)
Julia Ann Malakin and Jasmine Lynn Malakin were not born out of wedlock.
8 years (D.O.B. 12/27/94)
From T~o With Whom Address
1987 Present Respondents 3 Richland Lane
Apartment 108
Camp Hill, PA 17011
10.
The mother of the children is Bonnie Malakin, curremly residing at 3 Richland Lane,
Apartment 108, Camp Hill, Cumberland County, Pennsylvania, 17011.
The father of the children is Scott Malakin, curremly residing at 3 Richland Lane,
Apartment 108, Camp Hill, Cumberland County, Pennsylvania, 17011.
The relationship of Petitioners to the children is that of their Paternal Grandoarents.
The relationship of Respondents to the children is that of their parents. The Respondents
currently reside with the children.
Respondents have 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.
Petitioners have no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
Petitioners do 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.
The best interest and permanent welfare of the children will be served by granting the
relief requested because they offer the children a more stable and secure environment.
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, Petitioners request the Court to grant them custody of the children.
DATE:
Sahlr'6~ Jk. Krevpq~y,
Esquire
Attorney for Plai'vffiff
1101 North Front Street
Harrisburg, Pa 17102
ID # 10625
(717) 234-4583
LYNN AND JOHN MALAKIN,
Petitioners
BONNIE AND SCOTT MALAKIN,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
:
: CIVIL ACTION - CUSTODY
_-
CERTIFICATE OF SERVICE
AND NOW, this b~ day of ~ /~3(~ 0 ,2003, I, Susan N. Lenker, for the Law
Finn of Krevsky & Rosen, P.C., attorneys for Petitioners LYNN AND JOHN MALAKIN,
hereby certify that I have this day served a copy of the Complaint via Cumberland County
Sheriff's Department on the following:
BONNIE AND SCOTT MALAKIN
3 RICHLAND LANE
APARTMENT 108
CAMP HILL, PA 17011
Susan N. Lenker
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
LYNN AND JOHN MALAYAN,
Petitioners
BONNIE AND SCOTT MALAYAN,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - CUSTODY
:
VERIFICATION
We, LYNN M. MALAKIN and JOHN T. MALAKIN, hereby verify that thc
information contained in the foregoing Complaint is true and correct to the best of our
knowledge, information and belief. I also understand that false statements made herein
are subject to the penalties of 18 Pa, C.S. § 4904, relating to sworn falsification to
authorities.
DATE:
DATE: b/L'klO 3
JOqN T. MALAKIN
LYNN AND JOHN MALAKIN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 03-3110 CIVIL ACTION LAW
BONNIE AND SCOTT MALAKIN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, July 03, 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 Thursday, August 14, 2003 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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.
FORT~m COURT,
By: /s/ Melissa P. Greevy, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to compl3; with the Americans
w/th 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 befbre 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
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03110 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MALAKIN LYNN ET AL
VS
MALAKIN BONNIE ET AL
DAVID MCKINNEY ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT CUSTODY was served upon
MALAKIN BONNIE
DEFENDANT , at 1957:00 HOURS, on the 25th day of July
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
APT 108
by handing to
at 3B RICHLAND LANE
CANP HILL, PA 17011
BONNIE MALAKIN
a true and attested copy of COMPLAINT - CUSTODY
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ~ ~ day of
Prothonotar~
So Answers:
R. Thomas Kline
07/28/2003
KREVSKY & ROSEN
SHERIFF' S RETURN - REGULAR
CASE NO: 2003-03110 P
COMMONWEALTH OF PENNSYLVA/~IA:
COUNTY OF CUMBERLAND
MALAKIN LYNN ET AL
VS
MALAKIN BONNIE ET AL
DAVID MCKINNEY ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT - CUSTODY was served upon
MALAKIN SCOTT
DEFEND~NT , at 1957:00 HOURS, on the 25th day of July
at 3B RICHLAND LANE
CAMP HILL, PA 17011
BONNIE MALAKIN
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
APT 108
by handing to
a true and attested copy of COMPLAINT - CUSTODY
the
, 2003
together with
and at the same time directing ~is attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 ~ ~
Service 00 .... -' ~ ~'..f' ~
Affidavit .00 7 ~ ~
Surcharge 10.00 R. Thomas Kline
.00
16.00 07/28/2003
KREVSKY & ROSEN
Sworn and Subscribed to before
me this ~'
. ~ ~ day of
l~r(Sthonot ary
By:
S£P ~ 2 2003
LYNN AND JOHN MALAKIN,
Plaintiffs
¥.
BONNIE AND SCOTT MALAKIN,
Defendants
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3110 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I~ ~ day of September, 2003, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. The Paternal Grandparents, Lynn and John Malakin, shall have periods of
partial custody, also known as visits, with Jasmine as the parties may mutually agree. Upon
agreement of the parties, these visits for periods of partial custody may also include Julia
Ann at a later time.
2. It is acknowledged that there are significant tensions in the relationship
between the Paternal Grandparents and the parents in this matter which in turn are having
an adverse impact upon the parties and the older of the minor children. Therefore, the
parties haye agreed to begin therapeutic family counseling to assist the parties in
addressing these tensions and reducing the stress imposed on the minor children by the
family discord. Although the unreimbursed cost of these therapeutic family counseling
services is not known as of the date of the Conference, the parties contemplate that the
Paternal Grandparents will contribute to unreimbursed costs of counseling. The parties will
work with their counsel to identify an appropriate provider.
3. This Order is temporary in nature. If within sixty (60) days of the date of this
Order an additional Conference is needed, counsel forr either party may contact the
Conciliator by letter to request that the Custody Conciliation Conference be reconvened.
Dist:
~anford A. Krevsky, Esquire, 1101 N. Front Street, Harrisburg, PA 17102
/~oSSiCa Diamondstone, Esquire, 8 Irvine Row, Carlisle PA 17013
an Carey, Esqu re, 8 Irvine Row, Carlisle, PA 17013
LYNN AND JOHN MALAKIN,
Plaintiffs
V,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3110 CIVIL TERM
BONNIE AND SCOTT MALAKIN,
CIVIL ACTION - LAW
Defendants
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 children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLYIN THE CUSTODY OF
Julia Ann Malakin December 27, 1994
Jasmine Lynn Malakin July 1, 1987
Bonnie and Scott Malakin
Bonnie and Scott Malakin
2. A Custody Conciliation Conference was held on September 5, 2003 with the
following individuals in attendance: the Paternal Grandparents, Lynn and John Malakin,
and their counsel, Sanford A. Krevsky, Esquire; the Mother, Bonnie Malakin, and her
counsel, Jessica Diamondstone, Esquire and Joan Carey, Esquire from Mid Penn Legal
Services. The Father, Scott Malakin, did not attend the Conciliation Conference.
3. The Conciliation was scheduled following the Paternal Grandparents filing of a
Complaint for Custody on July 3, 2003. The Complaint was served July 25, 2003. There
were no other pleadings filed.
4. The parties reach an agreement in the for/p~"~Order as attached.
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:218144