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Home My WebLink About06-1287 CALEB EMERY WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- /,;L g 1 CIVIL TERM ANDREA ELIZABETH JANSSEN. Defendant CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Caleb Emery Williams, hereinafter referred to as Father. Plaintiffs permanent residence is 226 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Andrea Elizabeth Janssen, hereinafter Mother, residing at 200 North Front Street. Enola, Cumberland County, Pennsylvania, 17025. 3. Father seeks a schedule for partial custody of the minor child: Name Kya Elizabeth Janssen Present Residence 200 N. Front Street Enola, PA 17025 Age 1/31/02 DOB, 4 years old Kya Janssen, was born out of wedlock. Kya is presently in the custody of Mother. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Caleb Williams Andrea Janssen 200 N. Front Street Enola, PA birth - 8/04 Andrea Janssen 200 N. Front Street Enola, P A 8/04 - 7/05 Andrea Janssen Steve (unknown last name) 200 N. Front Street Enola, P A 7/05 - present The parties were never married. 4. Father currently resides with the following persons: Name Relationship Tiffany Wilhelm Meredith Zimmerman Girlfriend Roommate 5. It is believed that Mother currently resides with the following persons: Name Relationship Kya Janssen Parties' Daughter Steve (unknown last name) Boyfriend 6. Father has not participated as a party or witness, or in another capacity. in other litigation concerning the custody ofKya in this or another court. 7. Father has no information ofa custody proceeding concerning Kya pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody ofKya or claims to have custody or visitation rights with respect to Kya. 9. The best interest and permanent welfare of Kya will be served by granting the relief requested for reasons including. but not limited to the following: a) Father has a safe and appropriate home environment where he can exercise periods of partial custody with Kya. b) Father lived with Mother and Kya for two years after Kya's birth and during that time, he developed a close father/daughter relationship with Kya. c) After the parties' relationship ended, Father continued to come back to Mother's home on a daily basis to provide child care for Kya and was able to maintain and nurture their father/daughter relationship. This lasted from August 2004 until September 2005 when Father began taking Kya back to his home to provide child care while Mother was working. d) Mother has not acted in Kya's best interests in ways including but not limited to the following: i) Mother has been arbitrary in deciding when and if Father can visit with Kya. ii) Mother uses Father's desire to see Kya as leverage for financial support above and beyond child support. iii) Mother is negatively interfering with the father/daughter bond that was developed during the first 3 years of Kya's life; Father fears that without a custody order in place. Mother will continue to deprive him of regular contact with Kya, which will further deteriorate his relationship to his child. 10. Each parent whose parental rights to Kya have not been terminated and the person who has physical custody ofKya have been named as parties to this action. WHEREFORE, Father requests this Court to grant him periods of partial physical custody and shared legal custody of Kya, Father further requests any other relief that is just and proper. Jess' a Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Caleb Emery williams, verifies that the statements made in the above complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: 3#1ftC, I ~ Caleb Emery williams CALEB EMERY WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- CIVIL TERM ANDREA ELIZABETH JANSSEN, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I. Jessica Holst, do hereby swear that I served Andrea Elizabeth Janssen with a Complaint For Custody oni /4C1A~ . 2006 by certified mail. return receipt, restricted delivery, to the person and address below: Andrea Elizabeth Janssen 200 North Front Street Enola, P A 17025 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. 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. Date: fYlr.~1vl\ l' eJOO..c Signature: \-\ .._1 , 'I i. , l:> ---------~ ,--y CALEB EMERY WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 06- /;)f? 7 CIVIL TERM ANDREA ELIZABETH JANSSEN, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Caleb Emery Williams, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providin free legal services to the party. Jess' a olst, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ~. I '.y____ CALEB EMERY WILLIAMS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1287 CIVIL ACTION LAW ANDREA ELIZABETH JANSSEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 10, 2.Q~l>..~______, 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.MDJ Manlove's, 1901 State~.t".CamPJ:lilI!I'i\_17~.1L on u!~~rsd"x,i\l'rill3, 20~(j_... at 12:30 PM for a Pre-Hearing Custody Conference. At such confcrence, an cffort will be made to resolve the issues in dispute; or if this cannot be accomplished, to dctine and narrow the issucs to bc heard by the court, and to enter into a temporary order. All children age tive or older may also bc present at the confcrcncc. Failurc to appear at thc confercnce mav provide grounds for entry of a temporary or pennanent order. Thc court hereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relicf orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By:.. /s/ Melissa P. Greevy, Es<f.-_..---UJf\ Custody Conciliator V The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiIitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the couli, please contact our omce. 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bcdt(Jrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4-;;< fly ",. ~ MY; -h ~ ~ 0JflA-- F X:l ~ i4r; -r9 - ~ .." rt ,-' ,;~., ' ! :~, j ,""r i "' .'Xl (] ( r '/(/- (J!' {' 1ft?I.' f.' /--- . .. . .~..... y CALEB EMERY WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1287 CIVIL TERM v. ANDREA ELIZABETH JANSSEN, CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ~ day of ~\Vlv ,2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Caleb Emery Williams and Andrea Elizabeth Janssen shall have shared legal custody of the minor child, Kya Elizabeth Janssen born January 31, 2002. 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 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody: Mother shall have primary physical custody subject to Father's partial custody, which shall be arranged as follows: A. Until June 10, 2006, Father shall continue to see Kya on Sundays, as he had been doing through the arrangements which the parties had previously. B. Commencing June 10, 2006, on alternating weekends, from Saturday at 10:00 a.m. until Sunday at 6:00 p.m., and at such other times as parties may agree. 3. Mother shall have custody for Independence Day 2006; Father shall have custody for Labor Day 2006. The parties shall work cooperatively to arrange the specific times of custody for these holidays. .....- .. 9:; :! lid S I '''101-' jlJ t., ~ ~ .. -. NO. 06-1287 CIVIL TERM 4. Transportation: The parent relinquishing custody shall be responsible to provide transportation incident to the custodial exchange. 5. The non-custodial parent shall have rights of reasonable telephone contact with the child when she is in the custody of the other parent. 6. The Custody Conciliation Conference shall reconvene on September 22, 2006 at 2:30 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. In the event that the parties mutually agree that the Conference is not necessary, it may be cancelled upon one week's written notice to the Conciliator. BY THE COURT: J. Dist: Samuel L. Andes, Esquire. 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 Jessica Holst, Esquire. 401 E. Louther Street, Suite 103, Carlisle, PA 17013 . ~ ~.Jj~{J<- ~ C}.-v ... .... ,--yet;, rc'7I~V.l~D J. ',.oj "'--'~...... JUN 0 7 Z006 Plaintiff IN THE COURT OF COMMO CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1287 CIVIL TERM CALEB EMERY WILLIAMS, v. ANDREA ELIZABETH JANSSEN, CIVIL ACTION - LAW IN CUSTODY Defendant 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 THE CUSTODY OF Kya Elizabeth Janssen January 31,2002 Mother 2. A Custody Conciliation Conference was scheduled in response to Father's Complaint for Custody filed on or about March 8, 2006. Following a continuance requested by Mother's counsel, the Conference was scheduled for May 26, 2006. Present for the conference were: the Father, Caleb Emery Williams, and his counsel, Jessica Holst, Esquire; the Mother, Andrea Elizabeth Janssen, and her counsel, Samuel L. Andes, Esquire. 3. The parties reached an agreement in the ~ f an Order as attached. 10 In //'b , Date Melissa Peel Gree ,Esquire Custody Concili or :276364 _c ... I , , Plaintiff ,SEP 2 R ZO~I ! IN THE COURT OF COMMbN-PtEA&GF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1287 CIVIL TERM CALEB EMERY WILLIAMS, v. CIVIL ACTION - LAW ANDREA ELIZABETH JANSSEN, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, thisJ~6t day of September, 2006, the Conciliator having been contacted by counsel for the parties to cancel the Conciliation, hereby relinquishes jurisdiction of the above captioned matter. FOR TH~T: ~~i!/~ Custody Conciliator Dist: ~uel L. Andes, Esquire, 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 ~ssica Holst, Esquire, 401 E. Louther Street, Suite 103, Carlisle, PA 17013 ~ t. 4,10~ ~cr D :283809 \j! i\f\/ l',~t\ ~) \j f\"~ t,f '\' ~1"';.i'.';' ,..' -.;, ;:....~.;:'..~,,.... f"'\ I d\( ,\ i ~.\'fi'~,~ k.J I S :"7 1,,1) 8.;; ::1'" OflU'Z '" .,...1 v c.,.) }U AbVIO;\,(),jLC.':id 3;.11 :10 :j::) , ",:.l,~~ C~I~.'!Jjlr:J CALEB EMERY WILLIAMS, : IN THE COURT OF COMMON PLEAS OF ' Plaintiff/Respondent : CUMBERLAND COtTNTY, PENNSYLVANIA VS : NO. 06-1287 C ; i -n ANDREA ELIZABETH JANSSEN, ~ CIVIL ACTION - LAW y~ ,o Defendant/ Petitioner IN CUSTODY ~,r-- _XC3 o PETITION TO MODIFY TEMPORARY CUSTODY ORDER ~z ° a~~ zo Qc~ p, c, ~v ~m AND NOW comes Petitioner Andrea Janssen by and through her attorneyVusam K. Pickford, Esq. and requests this court to modify the current custody order and sets forth the following in support: 1. On or about June 7, 2006, a Temporary Custody Order was issued by the Honorable Judge Wesley Oler, Jr. granting Petitioner primary custody of the minor child (DOB 1/31/02) and granting Respondent periods of visitation on alternating weekends, from Saturday at 10:00 am to Sunday at 6:00 pm and at such other times as the parties may agree. (see attached Order). 2. For approximately S months following the entry of said Order, Respondent exercised his visitation time. 3. Eight months after entry of the Order, Respondent came to Petitioner and indicated that he was not interested in continuing the schedule of visitation. 4. Petitioner believes and therefore avers that, on the last over night visit, in February 2006, Respondent punched the then 4 year old minor child in the face. 5. For a period exceeding 5 years, since approximately February of 2006, Respondent has had only intermittent contact with the minor child. Respondent has failed to call, visit or even send a card on birthdays and Christmas. He has not attended any school functions or parent teacher conferences, doctor visits or special activities. Petitioner has encouraged Respondent to attend special functions for the child. Respondent has not attended or called. 6. Respondent is an alcoholic. He suffered a conviction of his third DUI in August of 2010 as well as a DUI suspended license. 7. Petitioner believes and therefore avers that Respondent continues to drink heavily and is driving on a suspended license. 74r 160 1 G,~_ ~ Otyr 2 ~ -7;1-3-7 8. Petitioner believes and therefore avers that Respondent whipped the minor child with a belt between the ages of 4 and 6 years as a stated method of discipline. 9. The minor child has stated that she is afraid of Respondent, especially when she stays overnight with him or without the paternal grandmother present. She experiences physical symptoms of stomach aches and sleeplessness when the possibility of a visit with Respondent looms. 10. On or about November 9, 2011, the parties attended a Domestic Relations conference wherein Respondent was ordered to pay substantial arrears and contribute to orthodontic care for the minor child which he previously refused to do. The next morning Respondent called Petitioner and demanded his weekend with the minor child for the first time in over 4 yeazs. 11. Petitioner believes and therefore avers that Respondent's sudden interest in exercising his visitation was motivated by retaliation, not a sincere interest in his child. 12. Petitioner believes and therefore avers that November 12, 2011 is not Respondent's alternating weekend based upon calculations from the Order beginning his alternating weekends on June 10, 2006. 13. Petitioner believes and therefore avers that Respondent has a history of violent behavior both towards the minor child and with persons other than his daughter and is concerned for her safety if left alone with him. 14. Petitioner believes and therefore avers that it is in the best interest of the minor child to modify custody to limit Respondent's visitation to alternating Sundays from 9:00 am to 6:00 pm at paternal grandmother's home and to include terms prohibiting physical abuse, alcohol use prior to or during his custody periods and that he shall not drive the child unless legally licensed at least until such time as Respondent exhibits a period of consistent, sober and appropriate visitation periods. 15. For the past 4 years and 9 months, paternal grandmother has taken the minor child to church on most Sunday's and enjoyed her company through the day until early evening. Petitioner asserts that the modification requested would provide safety, security and a comfort level for the child during visits with Respondent. WHEREFORE, Petitioner in the above captioned action respectfully requests this Honorable Court to immediately limit Respondent's visitation to alternating Sundays from 9:00 am to 6:00 pm at paternal grandmother's home, commencing November 20, 2011 and to include terms prohibiting physical abuse, alcohol use prior to or during his custody periods and that he shall not drive the child unless legally licensed until this matter can be heard at a scheduled hearing. Respectful submitted, S SAN K. PICKF , Q. ID# 43093 Date: November 14, 2011 3400 Trindle Road Camp Hill, PA 7011 (717)695-3294 ATTORNEY FOR PETITIONER Verification I, Andrea Janssen, verify that the statements made in this Petition are true and correct to the best of my information and knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Andrea Janssen DATE: November 11, 2011 Certificate of Service ! do hereby certify that a true and conect copy of the attached Petition for Modific tion and Special Relief was served upon the following on the date below and in the manner indicated. Caleb Williams 102 West Locust St Mechanicsburg, PA 17055 Served by hand delivery at Petitioner's home 2503 Market Street 1 Camp Hill, PA 17011 BY: Date: November 12, 2011 CALEB EMERY WILLIAMS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : N0. 06-1287 CIVIL TERM v. : CIVIL ACTION - LAW ANDREA ELIZABETH JANSSEN, : : IN CUSTODY Defendant : TEMPORARY ORDER Ot= COURi AND NOW, this /3 day of 11, , 2006, upon consideration of the attached Custody Conciliation Summ ry Report, it is hereby ordered and directed as follows: 1. The parties, Caleb Emery Williams and Andrea Elizabeth Janssen shall have shared legal custody of the minor child, Kya Elizabeth Janssen born January 31, 2002. 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 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not (imited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PhVSical Custodv: Mother shall have primary physical custody subject to Father's partial custody, which shall be arranged as follows: A. Until June 10, 2006, Father shall continue to see Kya on Sundays, as he had been doing through the arrangements which the parties had previously. B. Commencing June 10, 2006, on alternating weekends, from Saturday at 10:00 a.m. until Sunday at 6:00 p.m., and at such other times as parties may agree. 3. Mother shall have custody for Independence Day 2006; Father shall have custody for Labor Day 2006. The parties shal) work cooperatively to arrange the specific times of custody for these holidays. y d ti NO. 06-1287 CIVIL TERM 4. Transportation: The parent relinquishing custody shall be responsible to provide transportation incident to the custodial exchange. 5. The non-custodial parent shall have rights of reasonable telephone contact with the chifd when she is in the custody of the other parent. 6. The Custody Conciliation Conference shall reconvene on September 22, 2006 at 2:30 p.m. at the office of the Custody Concifiator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. In the event that the parties mutually agree that the Conference is not necessary, it may be cancelled upon one week's written notice to the Conciliator. BY THE COURT: J. Dist: Samuel L. Andes, Esquire, 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 Jessica Holst, Esquire, 401 E. Louther Street, Suite 103, Carlisle, PA 17013 ` • . r~3j~L,_,. /3 ~ • ~ ~ ~ , (~l CALEB EMERY WILLIAMS, : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 06-1287 CIVIL TERM v. ~ : CIVIL ACTION - LAW ANDREA ELIZABETH JANSSEN, : : IN CUSTODY Defendant : CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITli CUMBERLAND COUNTY RULF OF CIVlL PROCEDURF 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 THE CUSTODY OF Kya Elizabeth Janssen January 31, 2002 Mother 2. A Custody Conciliation Conference was scheduled in response to Father's Complaint for Custody filed on or about March 8, 2006. Following a continuance requested by Mother's counsel, the Conference was scheduled for May 26, 2006. Present for the conference were: the Father, Caleb Emery Williams, and his counsel, Jessica Holst, Esquire; the Mother, Andrea Elizabeth Janssen, and her counsel, Samuel L. Andes, Esquire. 3. The parties reached an agreement in the f f an Order as attached. ; , Date Melissa Peel Gree y, Esquire Custody Concili or :276364 CALEB EMERY WILLIAMS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c) "' M r* , 2006-1287 CIVIL ACTION LAW L r-- N +-? w ice? ANDREA ELIZABETH JANSSEN .. o -,? x? IN CUSTODY r' ? «- ° DEFENDANT C-! ORDER OF COURT AND NOW, Thursday, November 17, 2011 , 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, November 29, 2011 at 3:00 PM 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. 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. Sunda Es . 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /6 ?qv ?a? ? ? eft