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HomeMy WebLinkAbout03-6288CAROLYN BALLANCE : Plaintiff : TONY BALLANCE : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Carolyn Ballance, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Carolyn Ballance, residing at 919 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendant is Tony Ballance, residing at 10 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. Plaimiffseeks custody of the following children: Name Present Residence Date of Birth Austin Ballance 919 West Trindle Road, 6/6/93 Mechanicsburg, PA, 17055. Nicholas Ballance 919 West Trindle Road, 6/1/99 Mechanicsburg, PA, 17055. Carley Ballance 919 West Trindle Road, 9/7/00 Mechanicsburg, PA, 17055. Plaintiff and Defendant are the natural parents of Nicholas and Carley Ballance. Plaintiff is the natural mother of Austin Ballance. Defendant is the adoptive father of Austin Ballance. Defendant adopted the child on June 6, 2000 through the Orphans Court of Cumberland County, Pennsylvania. The children are presently in the custody of Carolyn Ballance, who resides at 919 West Trindle Road, Cumberland County, Pennsylvania, 17055. During the past five years, the children have resided with the following persons and at the following addresses: Persons Carolyn Ballancc & Shirley Conrad Carolyn & Tony Ballance Carolyn & Tony Ballance Carolyn & Tony Ballance & Shirley Conrad Address 919 West Trindle Rd, Mechanicsburg, PA 17055 Main Street Shiremanstown, PA 17011 Arch Street Mechanicsburg, PA 17055 919 West Trindle Road, Mechanicsburg, PA 17055 Dates 6/14/02 - present 3/02- 6/14/02 12/01-3/02 5/01-12/01 The mother of the children is Carolyn Ballance, currently residing at 919 West Trindle Road, Cumberland County, Pennsylvania, 17055. She is divomed. The father of the children is Tony Ballance, currently residing at 10 Railroad Ave., Shiremanstown, Cumberland County, Pennsylvania, 17011. He is divorced. 4. The relationship of the plaintiff to the children is that of mother. The plaintiff resides with the following persons: Name Relationship Shirley Conrad Mother Austin Ballance Son Carley Ballance Daughter Nicholas Ballance Son 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Robert DeSilva Relationship Father-in-Law 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 or any other state. 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 interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth; b) Plaintiff is the parent best able to provide the children with a home with the necessary moral, emotional, and, physical surroundings to meet the children's needs; c) Plaintiff is best able to provide the care and nurturing which the children need for a healthy development; d) Plaintiff continues to exercise parental duties on behalf of the children and enjoys the love and affection of the children; e) Defendant currently resides with Robert DeSilva. Mr. DeSilva is a convicted sex offender. f) Plaintiff is willing to grant Defendant partial custody in order for the children to develop a strong parent/child relationship with both parents. However, Plaintiff does not want Defendant to have and overnight custody of the children while Defendant resides with Robert DeSilvia. 8. 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, Plaintiff requests the Court to grant her shared legal custody and primary physical custody of the children subject to Defendant's periods of partial custody. Date: Certif ee~ Legal ~tem ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Carolyn Ballahce, Plaintiff CAROLYN BALLANCE, Plaintiff TONY BALLANCE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 0 5- 6 .Z2f' CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Carolyn Ballance, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Mary C)d~/comb i~p Certifi&f Legal Intern ROBERT E. RAINS ANNE MACDONALD FOX Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CAROLYN BALLANCE PLA1NT~F V. TONY BALLANCE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6288 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4thFloor, Cumberland County Courthouse, Carlisle on Friday, January02,2004 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 TIlE COURT, By: /s/ Hubert X. Gilroy. 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 befbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPItONE TIlE 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 CAROLYN BALLANCE, Plaintiff TONY BALLANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : : NO. 03-6288 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no.7002 0860 0001 5847 8400, restricted delivery, return receipt requested, postage prepaid, on the 9~ day of December, 2003, addressed as follows: Tony Ballance 10 Railroad Avenue #303 Shiremanstown, PA 17011 Sender's receipt number 7002 0860 0001 5847 8400 is attached hereto and incorporated by reference. On or about the 19~h day of December, 2003, green return receipt number 7002 0860 0001 5847 8400 was delivered to the Fainily Law Clinic, bearing the signature of Tony Ballance, and showing a date of service of the 18th of December, 2003. The return receipt is attached hereto and incorporated by reference. Date: J~/0'0-104D Mary $glayco~l/o Kulp Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717) 342-2968 JAN FI 5 2004 CAROLYN BALLANCE, Plaintiff V TONY BALLANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 6288 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~ day of January, 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Carolyn Ballance, shall enjoy legal and physical custody of Austin Ballance, born June 6, 1993; Nicholas Ballance, born June 1, 1999; and Carley Ballance, born September 7, 2000. The Father, Tony Ballance, shall enjoy periods of temporary physical custody with the minor children at such times and under such circumstances as agreed to by the Mother. However, the Father shall not have any type of overnight custody with the minor children as long as the Father is residing with Mr. Robert DeSilva. In the event the Father is dissatisfied with the amount of temporary custody provided to him by the Mother, Father may petition the court to have the case again assigned to the conciliator. CC: ~VIary Claycomb~Kulp Dickinson School of Law Family Law Clinic /Tony Ballance 10 Railroad Avenue Shiremunstown, PA 17011 CAROLYN BALLANCE, Plaintiff V TONY BALLANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 6288 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Austin Ballance, born June 6, 1993; Nicholas Bailance, born June 1, 1999; and Carley Ballance, born September 7, 2000. 2. A Conciliation Conference was held on January 2, 2004, with the following individuals in attendance: The Mother, Carolyn Ballance, with her representative, Mary Claycomb-Kulp of the Dickinson School of Law Family Law Clinic. The Father, Tony Ballance, did not appear. 3. The Father was served with notice of the hearing. The Mother also indicated that the Father had acknowledged to her that he was aware of the custody conciliation conference. The Mother has custody of the minor children and the Father is seeing the children pursuant to a schedule arranged between the parties. 4. The conciliator recommends the entry of an order in the form as attached. Hubert X. Gilroy/fEsqnire Custody Concilitator