HomeMy WebLinkAbout10-2070
OF THEE R-ED-011TICE n
F? AP
THOMAS D. GOULD, ESQUIRE
2 EAST MAIN STRET 1_ ??
SHIREMANSTOWN, PA 17011 Z L0IQ M(??iR 24 P
(717) 731-1461
CHRISTOPHER M. HALECKY, IN THE FPCOVAT/JPF COI?lON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO . /D o?0 719 CIVIL TERM
TAMMY L. HALECKY, CIVIL ACTION - LAW
Defendant CUSTODY ACTION
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby
directed that the parties and their respective counsel appear before
Esquire, the Conciliator, at
on
2010,
at _.M., 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. Failure to
appear at the conference may provide grounds for entry of a temporary or
permanent order.
For the Court,
The court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disability 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 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 179.0& Pot-
32 S. BEDFORD STREET JJ
CARLISLE, PA 17013
(717) 240-3166 ,?* a39 v5'
CHRISTOPHER M. HALECKY, IN THE COURT OF COMMON PLEAS
Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. J® -:10 '76 CIVIL TERM
TAMMY L. HALECKY, CIVIL ACTION - LAW
Defendant CUSTODY ACTION
CUSTODY COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Plaintiff is Christopher M. Halecky residing at 202
South Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania
17011.
2. The Defendant is Tammy L. Halecky who is currently
.residing at 107 Ellesmere Lane, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Plaintiff seeks joint legal custody and primary physical
custody of the following children:
NAME PRESENT RESIDE NCE DOB
Joseph Halecky 107 Ellesmere Lane 11/13/1998
Mechanicsburg, PA
Maria Halecky 107 Ellesmere Lane 10/02/2000
Mechanicsburg, PA
Theresa Halecky 107 Ellesmere Lane 09/15/2002
Mechanicsburg, PA
Jonathan Halecky 107 Ellesmere Lane 09/30/2005
Mechanicsburg, PA
The children were born in wedlock.
The children are presently in the physical custody of Tammy L.
Halecky who is currently staying at 107 Ellesmere Lane,
Mechanicsburg, Pennsylvania.
The children have resided with the following persons and at
the following addresses:
Person Address Date
Mother 107 Ellesmere Lane 03/18/2010
Mechanicsburg, PA Present
Mother & Father 202 S. Stoner Avenue 7 years
Camp Hill, PA
The mother of the children is Tammy L. Halecky who is
currently living at 107 Ellesmere Lane, Mechanicsburg,
Pennsylvania.
She is married.
The father of the children is Christopher M. Halecky who
resides at 202 S. Stoner Avenue, Shiremanstown, Pennsylvania 17011.
He is married.
4. The relationship of Plaintiff to the children is that of
Father. The Plaintiff currently resides with the following
persons: None
5. The relationship of Defendant to the children is that of
mother. The Defendant currently resides with the following
persons:
Nance
Thomas Sangrey
Aimee Sangrey
Joseph Halecky
Maria Halecky
Theresa Halecky
Jonathan Halecky
Marilyn Ingalls
Relationshi»
Father
Mother
Son
Daughter
Daughter
Son
Grandmother
2
6. Except fox, a PFA filed by Defendant on March 19, 2010,
neither party has 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 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 for many years.
B. Plaintiff can provide a stable and loving home.
C. Plaintiff has been a significant part of his
children's life.
D. Defendant, due to her Multiple Sclerosis and other
significant health issues, is unable to
independently care for the children.
E. Plaintiff will encourage regular and meaningful
contact between Defendant and 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 have been named as parties to this action.
3
WHEREFORE, Plaintiff requests this Honorable Court to grant
him joint legal custody and primary physical custody of the
children, subject to Defendant's periods of visitation at times
determined to be in the children's best interest.
Respectfully submitted,
Thomas D. Gould, Esquire
ID #36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I, Christopher M. Halecky, hereby certify that the foregoing
CUSTODY COMPLAINT is true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: -:MaLi I to 2.&a 0) NAaW
Christopher M. alecky
Plaintiff
4
CHRISTOPHER M. HALECKY,
Plaintiff
vs.
TAMMY L. HALECKY,
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
To The Prothonotary,
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Kindly enter the appearance of Debra R. Mehaffie, Esquire, and the law firm of Scaringi
& Scaringi, P.C. on behalf of the Defendant Tammy L. Halecky, in the above-captioned custody
action.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-2070
CIVIL LAW
IN CUSTODY
Respectfully Submitted,
r?
Date:
S,CARINGI & SCARINGI, P.C.
J
w
WbTa R.1dlehaf ie, 1?,squi e
Pa. I.D. No. 90951
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 657-7770 office
(717) 657-7797 facsimile
debra!@scaringilaw.com
CHRISTOPHER M. HALECKY,
Plaintiffs
vs.
TAMMY L. HALECKY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PF,NI~ISYLVANIA
N0.2010-2070 CIVIL ACTION - L.AW
IN CUSTODY
ORDER
r
AND NOW, this ~ day of May, 2012, the above case being previously assigned
to the Conciliator and there being no activity on this case for a period of six months or more, the
Conciliator relinquishes jurisdiction.
1 ~ ~ ~ ~ ,~
,~ ~ ~~' L ~k~ ;
Hubert X:. Gilroy, esquire
Custody Conciliator