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HomeMy WebLinkAbout02-2168~lo'hnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SEAN KELLY, 4099 Caissons Cou~ Enola, PA 17025 CATHERINE SALVADOR, 311 April Drive, Apt. ~ Camp Hill, PA 17011 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE OF HEARING AND ORDER You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must appear at the headng scheduled below. If you fail to do so, the case may proceed against you and a final Order may be entered against you granting the relief requested by the Plaintiff. Plaintiff and Defendant are directed to appear on the __ day of 2002, at .m., in court room no. for a hearing on Plaintiff's request for genetic testing. If you fail to appear as Ordered, the Court may enter an Order in your absence requiring you and your child to submit to genetic tests. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of York County is required by law to comply with the Americans with Disabilities 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. Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff SEAN KELLY, 4099 Caissons Court Enola, PA 17025 Plaintiff CATHERINE SALVADOR, 311 April Drive, Apt. #4 Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~,~- CIVIL ACTION - LAW COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING AND NOW, this ,Z ~ day of May 2002, Plaintiff, SEAN KELLY, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, requests genetic testing to establish paternity pursuant to 23 Pa.C.S. §4343, and in support of that request states that: 1. Plaintiff, SEAN KELLY, is an adult individual who resides at 4099 Caissons Court, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, CATHERINE SALVADOR, is an adult individual who resides at 311 April Drive, Apartment #4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant is the natural mother, and Plaintiff believes that he may be the natural father of the following child: Trystin Noel Salvador, D.O.B. April 30, 2002. 4. The above-named child resides with the Defendant at 311 April Drive, Apartment #4, Camp Hill, Pennsylvania, together with Defendant's children, Presley Salvador (age 9) and CassidY Salvador (age 8), who are the children of Defendant and Mr. John Winner of Carlisle, Pennsylvania. 5. Defendant was not married at the time the child was conceived or born. 6. Defendant is not now married. 7. There is not a custody, support, or other action involving the paternity of the above-named child now pending in any jurisdiction. 8. There has not been a determination by any court as to the paternity of the child in any prior support, custody, divorce, or any other action. 9. Plaintiff agrees to pay all costs associated with genetic testing directly to the testing facility in accordance with the procedures established by that facility. 10. Plaintiff is seeking confirmation of paternity by genetic testing so that he may protect and ensure his rights if it is properly established that he is indeed the natural father of Trystin Noel Salvador. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant to submit to genetic testing and to make the child available for genetic testing. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Mi~ef' J. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 :157872 Attorneys for Plaintiff I, SEAN KELLY, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: SEAN KELLY, · 4099 Caissons Court Enola, PA 17025 Plaintiff CATHERINE SALVADOR, 311 April Drive, Apt. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~,~ - o,~-/~'~' ~ CIVIL ACTION - LAW Plaintiff and Defendant are directed to appear on the ,~_~_~ay of 2002, at ~I~;~t{~ A .m., in court room no. J~ for a hearing on Plaintiff's request for genetic testing. If you fail to appear as Ordered, the Court may enter an Order in your absence requiring you and your child to submit to genetic tests. :157908 BY THE COURT: Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SEAN KELLY, 4099 Caissons Court Enola, PA 17025 CATHERINE SALVADOR, 311 April Drive, Apt. ~4 Camp Hill, PA 17011 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2168 Civil Term CIVIL ACTION - LAW PROOF OF SERVlCF Attached hereto, please find a Proof of Service by Constable John Levenda regarding service of a true and correct copy of the Complaint to Establish Paternity and for Genetic Testing upon the Defendant, CATHERINE SALVADOR, at her address of 311 April Drive, Apt. #4, Camp Hill, Pennsylvania 17011. :158165 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Micha~l~. Cassidy Attorn~'y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff PROOF OF SERVICE I, John Levenda, being a duly elected and certified Constable in the Commonwealth of Pennsylvania hereby provide notice that I did personally serve upon Catherine Salvador (Defendant) a hearing notice in the matter of Scan Kelly v Catherine Salvador Docket # 02-2169 Civil. Service was made upon Catherine Salvador on May 7, 2002 at 7:32pm EDT at 311 April Drive, Apartment #4, Camp Hill, Pennsylvania, 1701 I. Levenda, Constable PCCD # B001658 CERTIFICATE OF SERVICF AND NOW, this ~0 day of May 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing PROOF OF SERVICE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ms. Catherine Salvador 311 Apr#Drive, Apt. #4 Camp Hill, PA 17011 JOHNSON, DUFFLE, STEWART & WEIDNER MichaCl',j'. Cassidy Attomb,¢ I.D. No. 82164 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEAN KELLY, : Plaintiff : CIVIL ACTION - LAW : v. : No. 2002-2168 (Civil Tetra) CATHERINESALVADOR, : Defendant : STIPULATION AND NOW, this 31st day of May, 2002, it is hereby agreed and stipulated between Catherine Salvador, Defendant, and Scan Kelly, Plaintiff, as follows: 1. Plaintiff, Sean Kelly, is an adult individual who resides at 4099 Caissons Court, Enola, Cumberland County, Pennsylvania. 2. Defendant, Catherine Salvador, is an adult individual who resides at 311 April Drive, Apartment Number 4, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant, Catherine Salvador, is the natural mother of Trystan Noelle Salvador (hereinafter referred to as the "Child), who was born on April 30, 2002. 4. Plaintiff, Scan Kelly, initiated the above-captioned matter seeking a Court Order directing Defendant to consent to paternity testing to definitively prove, and remove any doubt, that Plaintiff is the natural father of the Child. 5. Defendant, Catherine Salvador, as natural mother of the Child, is authorized to consent to paternity testing on behalf of the Child. 6. Plaintiff, Sean Kelly, has agreed to pay all costs associated with said paternity testing. 7. Defendant, Catherine Salvador, in the interests of judicial economy and efficiency, consents to paternity testing of the Child within two (2) weeks of the date of the attached Order. Said paternity testing shall be conducted at Holy Spirit Hospital or another independent laboratory facility mutually agreeable to the parties hereto. 8. No representations or agreements have been made beyond those set forth in this Stipulation. WHEREFORE, Defendant, Catherine Salvador, asks this Honorable Court enter the attached Order thereby Ordering paternity testing within two (2) weeks of the date of said Order. catherine Salvador, Defendant Date:~/~[lO~-. By: Respectfully Submitted, HANFT & KNIGHT, P.C. s~ty Gi~rio~ ~Iac~y, Esquke 19 Brookwo'6d Avenue, Suite 106 Carlisle, Pennsylvania 17103-9142 (717) 249-5373 Attorneys for Defendant SEAN KELLY, Plaintiff CATHERINE SALVADOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2002-2168 (Civil Term) ENTRY OF APPEARANCE TO PROTHONTARY: Please enter my appearance on behalf of the Defendant, Catherine Salvador, in the above- captioned matter. Respectfully submitted, HANFT & KNIGHT, P.C. r)ated:5/31 10/.._ By: ge~;~!n2No~. 8M7;e5~4y' 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEAN KELLY, Plaintiff Vo CATHERINE SALVADOR, Defendant CIVIL ACTION - LAW No. 2002-2168 (Civil Term) ORDER AND NOW, this "1~' day of ~' ~ ,2002, in consideration of the attached Stipulation, it is hereby ORDERED and DECREED that Defendant, Catherine Salvador, take her minor child, Trystan Noelle Salvador, for paternity testing within two (2) weeks of the date of this Order, at Holy Spirit Hospital or another independent laboratory facility mutually agreeable to the parties hereto. It is further ORDERED and DECREED that Plaintiff, Scan Kelly, submit to paternity testing within two (2) weeks of the date of this Order at Holy Spirit Hospital or another independent laboratory facility mutually agreeable to the parties hereto and that Plaintiff bear all costs of said paternity testing. BY' ,J.