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HomeMy WebLinkAbout02-2325RICHARD JENSEN, Plaintiff KANDICE GALASPY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02~ ~. $,,?.o~' CIVIL TERM : CIVIL ACTION - CUSTODY : COMPLAINT FOR CUSTODY Plaintiff is Richard Jensen, an adult individual whose residence is at 630 N. Middleton Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kandice Galaspy, an adult individual whose residence is at 1327 Church Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his child Aaron Jensen, born December 9, 1993, currently residing at 1327 Church Street, Carlisle, PA. 5. Name Charles & Kandice Galaspy Chades & Kandice Galaspy Kandice Galaspy Charles & Kandice Galaspy The child is presently in the custody of Defendant. Since the child's birth, the child has resided at the following addresses: Address R.D.#2, Box 88A Newport, PA 45 Carlton Avenue Carlisle, PA 233 Locust Point Road Mechanicsburg, PA 1327 Church Street Dates 1996-2000 2000-2001 2001-Mamh 2002 Mamh 2002 - Present 6. The relationship of the Plaintiff to the children is that of natural father. He is married and currently resides with the following persons: Name Heather Jensen Roger L. Gardner Relationship Wife Step-son 7. The relationship of the Defendant to the children is that of natural mother. She currently resides with the following persons: Name Charles Galaspy, Jr. Delores Galaspy Charles Galaspy Amanda Galaspy Charles Galaspy,II Relationship Father-in-law Mother-in-law Husband Daughter Son 8. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because the Defendant has announced her intention to move out of Pennsylvania to Florida to live with her husband in an unstable lifestyle that recently caused her to file a Protection From Abuse petition. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 13. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. WHEREFORE, Plaintiff requests your Honorable Court grant Plaintiff primary physical custody in the Father with liberal visitation in the Mother as agreed upon by the parties, as set forth in the attached Stipulation included as Exhibit "A." Date Respectfully Submitted TURO LAW OFFICES Ro bert,/J/'"M ~ Id erig, Esq u i~.e_~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification~es. Date R~hard J~nsen RICHARD JENSEN, Plaintiff KANDICE GALASPY, Defendant : IN THE COURT OF COMMON ~S : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0~- .?..3,25 CIVIL TERM : CIVIL ACTION - CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Richard Jensen, Plaintiff, to proceed in forma paupeds. I, Robert J. Muldedg, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Date Respectfully Submitted TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, associates, to pay the costs of litigation. 3. including my family and I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Address: Co Richard Lavern Jensen, II 630 N. Middleton Road Carlisle, PA 17013 Social Security Number: 184-52-3153 If you are presently employed, state Employer: Venezia Hauling Address: P.O. Box 909 Royersford, PA 19468 Salary or wages per month: $1,000 Net Type of work: Truck Driver If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/^ Dividends: N/A do Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and Supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: N/A Other contributions to household support Wife/Husband Name: Heather Jensen if your Husband/Wife is employed, state: Employer: N/A Salary or wages per month: ~0- Type of work: N/A Contributions from children: N/A Property owned Cash: Checking Account: $57 - Members First Savings Account: $25 - Members First Certificates of Deposit: Real Estate (including home): 1994 Mobile Home - Lien $28,000 Motor vehicle: Make Jeep Cost $12,500 Year 1997 Amount owed $10,000 Stocks; bonds: N/A Other: N/A Debts and obligations Mortgage: $370 / month Rent: $200 / month - land rent Loans: $320 / month vehicle, $287 / month City Financial Monthly Expenses: $200 / month g. Persons dependent upon you for support Wife Name: Heather Jensen Children, if any: Name: Roger L. Garnet, III Age: 6 Name: Age: Name: Age: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date RlC~ard'J~l~sen, P~ RICHARD JENSEN : PLAINTIFF : V. : 02-2325 KANDICE GALASPY DEFENDANT : IN CUSTODY 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Thursday, May 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4thFIoor, Cumberland County Courthouse, Carlisle on Tuesday, June04,2002 at 1:30 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. 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 THE COURT, By: /s/ .~acqueline M. Verney. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RICHARD JENSEN, Plaintiff KANDICE GALASPY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ,,1,~ ,,~J CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Custody Complaint filed in the above captioned case upon Kandice Galaspy, by hand delivery, on Friday, May 10, 2002 at 5:24 PM to address: 233 Locust Point Road Mechanicsburg, PA 17055 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ¸.4' Carol L. Cingranelli, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 RICHARD JENSEN, Plaintiff V. KANDICE GALASPY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2325 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this '~' day of ~t~,.2.- ,2002, upon consideration of the attache~-ustody Conciliation Rel~ort, it is ordered and directed as follows: 1. The Father, Richard Jensen, and the Mother, Kandice Galaspy, shall have shared legal custody of Aaron Jensen, born December 9, 1993. 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 his health, education and religion. 2. Mother is permitted to relocate to the state of Florida and shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Beginning June 15, 2002 and continuing for the summer until one week before school begins in Florida. For each succeeding summer from one week after school concludes to one week before school begins. However, in the event Mother is in the Cumberland County area during the summer, she shall be entitled to a period of eight hours with the child every week, provided said time does not conflict with any plans that Father has made. B. December 23 to December 30 every year. However, in the event Mother is in the Cumberland County area during the Christmas holiday, Mother shall be entitled to physical custody of the child on Christmas Day from 2:00 p.m. to 8:00 p.m. C. One week during the child's spring break from school. 4. Mother shall be responsible for and pay for all transportation. 5. The parties shall be entitled to at least weekly telephone contact with the child which shall occur Sunday afternoon, unless otherwise agreed by the parties. 6. This Order is entered pursuant to an agreement of the parties 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. 9U :6 14V 01 Nfl[' ~0 BY THE COURT, Robert J Mulderlg, Esqmre, C sOe?~ ~rot~;the/~' cc: Karl Ro~inger, ~squire, ~oun erred) JUN~I~5 2002 RICAHRD JENSEN, Plaintiff V. KANDICE GALASPY, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-2325 CIVIL TERM CIVIL ACTION - LAW 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Aaron Jensen DATE OF BIRTH CURRENTLY IN CUSTODY OF December 9, 1993 Mother 2. A Conciliation Conference was held in this matter on June 4, 2002, with the following individuals in attendance: The Father, Richard Jensen, with his counsel, Robert J. Mulderig, Esquire and the Mother, Kandice Galaspy, with her counsel, Karl Rominger, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator RICHARD JENSEN, Plaintiff KANDICE GALASPY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-2325 CIVIL TERM CIVIL ACTION -. LAW IN CUSTODY PETITION FOR SPECIAL RELIEF IN CUSTODY CASE PURSUANT TO 42 Pa.C.S.A. _~19i[5.13 AND NOW, this t~ay of July, 2004, comes the Petitioner, Kandice Galaspy, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, and fries this Petition for Special Relief, and in support thereof avers as follows: 1. Petitioner, Kandice Galaspy (Mother), is an adult individual currendy residing at 1155 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 2. Respondent, Richard Jensen (Father), is an adult individual currently residing at 630 N. Middleton Road, Carlisle, Cumberland County, Pennsylvania. 3. There is a prior court order, dated January 7, 2002, that does grant mother primary physical custody and father periods of partial physical custody of Aaron Jensen, born December 9, 1993. 4. The parties, by agreement, have never stricdy enforced the January 7, 2002, court order due to the fact that mother returned to Pennsylvania after a brief relocation to Florida. 5. Father has not exercised any of his physical custody rights with Aaron since Christmas Day, 2003. 6. Father is insisting on having physical custody of Aaron for the weekend of July 23 through July 25, 2004. 7. There have been prior incidents of physical and verbal abuse by father on Aaron. 8. Aaron is currently enrolled in counseling due to the abuse and his relationship with his father. 9. Aaron's counselors have related his behavior problems to the abuse he suffered from his father. It would be in Aaron's best interests to continue in his counseling prior to resuming any visitation with his father. 10. It would be in Aaron's best interests for his father to participate in his counseling prior to resuming any visitation with Aaron. It would be in Aaron's best interests for visitation between him and his father to be supervised initially with a gradual increase in partial physical custody. 11.It would be in Aaron's best interests to postpone any visitation until such a time that a mutually agreed upon arrangement or modification of the prior custody order can be arranged. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant her Petition for Special Rebel and order that no visitation or partial physical custody to occur until such a time that a mutually agreed upon arrangement can be made or until the existing court order can be modified to take into consideration Aaron's best interests. Respectfully submitted, ABOM & ICU'TUI. elKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, Kandice Galaspy, verify that the statements made in the Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date KANDICE GALASPY /~t -{'~ RICHARD JENSEN, Plaintiff KANDICE GALAsPY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2002-2325 CIVIL TERM CIVIL ACTION[ - LAw IN CUSTODY CERTIFICATE OF SERVICE_ AND NOW, this 0 d ayo t/J/2 4, I, Kara W Ha er Es - . gg ty, quire, of Aborn & Kutulakis, LLP, hereb- certi~ .' ~ _ v y ry mat I dic~ serve a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF upon Respondent by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Robert J. Mulderig, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 ABOM & KUTULAKt'S, LLp ra W. Haggerty, ~L~}~dldre fl I.D. #86914 t,_.)kJ ~j 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner RICHARD JENSEN, Plaintiff KANDICE GALASPY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2325 CIVIL TEIEM ORDER OF COURT AND NOW, this 21st day of July, 2004, upon consideration of Defendant's Petition for Special Relief in Custody Case Pursuant to 42 Pa. C.S.A. §1915.13, the petition is denied. BY THE COURT, Robert J. Mulderig, Esq. 28 S. Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Kara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Defendant 5~'Wesley Oler,~ Je., (''5'/L J'