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HomeMy WebLinkAbout04-5851l:\Client Directory\Galic-S~Pleadings\Custody Pleadings\Custody Complaint.wpd November 17, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN F. GALIC, Plaintiff Vo CRAIG P. GALIC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA - : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Susan F. Galic, Plaintiff herein, by and through her attorney Maria P. Cognetti, Esquire, and files the following Complaint for Custody and in support thereof, avers as follows: 1. Plaintiff, Susan F. Galic, hereinafter referred to as "Mother," is an adult individual currently residing at 18 Farm House Lane, Camp Hill, York County, Pennsylvania 17011. 2. Defendant, Craig P. Galic, hereinafter referred to as "Father," is an adult individual currently residing at 212 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks custody of the following children: Name Present Address Age Zachary W. Galic 18 Farm House Lane, 9 Camp Hill, PA 17011 I:\Client Dir¢ctory\Galic-Sh°leadings\Custody Pleadings\Custody Complaint.wpd November 17, 2004 Julia L. Galic 18 Farm House Lane, 6 Camp Hill, PA 17011 4. The children were not bom out of wedlock. The children are presently in the custody of Plaintiff. 5. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Susan F. Galic and Craig P. Galic Susan F. Galic (alternating weeks w/Father) Craig P. Galic (alternating weeks w/Mother) Craig P. Galic (alternating weeks w/Mother) Craig P. Galic (alternating weeks w/Mother) Susan F. Galic Address 180 Bobby Jones Drive, Etters, PA 17319 18 Farm House Lane, Camp Hill, PA 17011 180 Bobby Jones Drive, Etters, PA 17319 Quaker Station Apartments Apt. 708 Lewisberry, PA 17339 212 Rosemont Avenue New Cumberland, PA 17070 18 Farm House Lane, Camp Hill, PA 17011 Dates Prior to 10/01 10/01 through 8/29/04 10/01 through 4/03 4/03 through 10/03 10/03 through 8/29/04 8/29/04 to present 6. The Mother of the children is curremly residing at 18 Farm House Lane, Camp Hill, York County, Pennsylvania. Mother's marital status is divorced. 7. The Father of the children is curremly residing at 212 Rosemoum Avenue, New Cumberland, Cumberland County, Pennsylvania. Father's marital status is married. I:\Client Directory\Galic-S\Pleadings\Custody Pleadings\Custody Complaint.wpd November 17, 2004 currently resides with the following persons: Name Zachary Galic Julia Galic 9. currently resides with the following persons: Name Karen Galic Lauren Williams The relationship of Plaintiff to the children is that of Mother. Plaintiff Relationship Son Daughter The relationship of Defendant to the children is that of Father. Defendant Relationship Wife Step-daughter 10. The parties' custodial arrangement for alternating weeks was agreed to by the parties in paragraph three (3) of their Marital Settlement Agreement dated September 26, 2001. 11. The best interests and permanent welfare of the children will be served by granting the relief requested No prior actions in custody have been filed by the parties in this or any other 12. court. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. 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 l:\Client Directory\Galic-S\Pleadings\Custody Pleadings\Custody Complaint.wpd November 17, 2004 the children. 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, Plaimiff requests the Court grant shared legal custody to the parties with primary physical custody to Mother. Date: November 18, 2004 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Susan F. Galic, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. GALIC I:\Client Directory\Galic-SXPleadings\Custody Pleadings\Custody Complaint.wpd November 17, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Complaint for Custody by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, certified, return receipt requested, addressed as follows: Craig P. Galic 212 Rosemount Avenue New Cumberland, PA ! 7070 Date: November 18, 2004 By: MARIA P. COGNETTI & ASSOCIATES MARIA COpOETTI, ESQUIRE Attorney I.D. NbC. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff SUSAN F. GALIC : PLAINTIFF : V. : CRAIG P. GALIC DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5851 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 ., 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, Mechanicsburg, PA 17055 on Tuesday, December 21, 2004 at 11:30 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 a~e 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearinff. FOR THE COURT. By: /s/ Dawn S. SundaE, Esq. rnhc 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Streel Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, Plaintiff, Vo FRANCES J. BARTON, Defendant. CIVIL DIVISION NO. 04-58~t Civil Term PRAEClPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE arid SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13321 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, Plaintiff, CIVIL DIVISION v. NO. 04-585'1 Civil Term FRANCES J. BARTON, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Frances J. Barton, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNFLL, HUDOCK, GUTHRI~ & SK,~L L.lf. By: k:evin D. R~auch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE-' I HEREBY CERTIFY that a true and correct cop~f of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this [/-'~ dayof ~_~~, 2004. Stephen S. Pennington, Esquire Law Office of Stephen S. Pennington 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, Plaintiff, Vo FRANCES J. BARTON, Defendant. CIVIL DIVISION NO. 04-58511 Civil Term ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from s Guth~ frvice her0el'~,y,~udgment e & Skeel, L.L.P. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13321 IN THE COURT OF COMMON PLEAS OF CUMBERLANID COUNTY, PENNSYLVANIA SHALINDA MACON, Plaintiff, FRANCES J. BARTON, Defendant. CIVIL DIVISION NO. 04-585'1 Civil Term (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Frances J. Barton, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that a collision occurred between the Plaintiff's vehicle and the median. The remainder of the allegations in paragraph 4 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 5 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I 6. In response to paragraph 6, the Defendant reiterates and repeats all her responses in paragraphs 1 through 5 as if fully set forth at length herein. 7. Paragraph 7 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). time of trial. 12. Strict proof thereof is demanded at the Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Frances J. Barton, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral .sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recove,ry by Plaintiff in this action. WHEREFORE, Defendant, Frances J. Barton, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE &/SKEEL L.I...P. // i~e~~Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MA'I-rER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. Date: Frances J. B,,~r{on ' #13321 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postagepre-paid, this ~,,I~ dayof.~'~_~c,<_b~/~. ,2004. Stephen S. Pennington, Esqui~re Law Office of Stephen S. Pennington 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 SUMMERS, McDONNELL, HUDOCK, ' ~.Kev~if'rd~. I~auch, Esquire Counsel for Defendant "Y FEB 0 7 2005p1~ SUSAN F. GALlC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA1'ID COUNTY, PENNSYLVANIA vs. 04-5851 CIVIL ACTION LAW CRAIG P. GALlC Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2> f( day of h~.~ , 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Mother, Susan F. Galic, and the Father, Craig P. Galic, shall have shared legal custody of Zachary W. Galic, age 9, and Julia L. Galic, age 6. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. Pending completion of the family counseling required by this Order and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody with the times to be arranged by agreement between the parties. 3. The parties agree that the Children shall continue in ongoing counseling with their current counselor, Jamie Orris. The Father shall contact Ms. Orris at such time as he and his wife are ready to initiate family counseling for the purpose of reestablishing the relationship between the Children and the Father's wife. The parties shall follow the recommendations of the counselor with regard to the Children's readiness to begin the family counseling and also with regard to initiating contact between the Children and the Father's wife. The parties agree that there shall be no such contact except as recommended by the counselor to ensure appropriate timing and optimal benefit from the counseling process. The Mother, Father and Father's wife shall participate in counseling sessions as determined by the counselor. 4. Within 60 days of completion of the family counseling, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary to address any unresolved issues. 1 : 1\."--. ,......:' d0."'..1 r c" " '7 1~:\.J ~Lt;'J ;:). --------- . 5. This Order is entered pursuant to an agreement of the paJ1ies 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. BY THE COURT, cc: &a P. Cognetti, Esquire - Counsel for Mother yraig P. Galic, Father -J~~ ~~,D? O~i) SUSAN F. GALlC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5851 CIVIL ACTION LAW CRAIG P. GALlC Defendant 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: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME CURRENTLY IN CUSTOny OF Zachary W. Galic, age 9 Julia 1. Galic, age 6 Mother Mother 2. A conciliation conference was held on January 12, 2005, with the following individuals in attendance: The Mother, Susan F. Galic, with her counsel, Maria P. Cognetti, Esquire, and the Father, Craig P. Galic, who is not represented by counsel in this matter. 3. The parties tentatively agreed to a plan for resolution of the custody issues during the conciliation conference. However, as the Father was not represented at that time, it was agreed that the conciliator would hold this matter for a period of two weeks to enable the Father to consult with counsel. The Father has contacted the undersigned to confirm his agreement with the arrangements discussed at the conference. The parties agree to entry of an Order in the form as attached. J~ Date 3/, d.-CD,'J . /l..~~ Dawn S. Sunday, Esqmr Custody Conciliator