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HomeMy WebLinkAbout06-5957 Jillian O'Malley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Joseph Palomba, Defendant CIVIL ACTION - LAW No. {)itJ -59t57 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jillian O'Malley, residing at 80 Creek Road, Newville, Cumberland County, Pennsylvania 17241. 2. -The defendant is Joseph Palomba, residing at Dauphin County Work Release, 917 Gibson Blvd., Steelton, Dauphin County, Pennsylvania 17113. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Joseph Cayden Palomba 80 Creek Road Newville, Pa 17241 5-22-06 4 Mon. The child was born out of wedlock The child is presently in the custody of Jillian O'Malley, residing at 80 Creek Road, Newville, Cumberland County, Pennsylvania 17241. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jillian O'Mallery 40 East North Street Birth to July Carlisle, Pa 17013 Jillian O'Malley 80 Creek Road July to Present Newville, Pa 17241 4. The mother of the child is Jillian O'Malley, residing at 80 Creek Road, Newville, Cumberland County, Pennsylvania 17241. She is unmarried. The father of the child is Joseph Palomba, Dauphin County Work Release, 917 Gibson Blvd., Steelton, Dauphin County, Pennsylvania 17113. He is unmarried. 5. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Joseph Cayden Palomba Relationship Son 6. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name N/A Relationship 7. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for a healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Defendant has felony charges on his record. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Date: October 11,2006 Respectfully submitted, ROMINGER & WHARE /~ sHe A. Tome , Esquire 155 South Han ver Street Carlisle, P A 17013 (717) 241-6070 Supreme Court J.D. # 200198 Attorney for Plaintiff Jillian O'Malley, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Joseph Palomba, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Jillian O'Malley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VI. Joseph Palomba, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Joseph Palomba Dauphin County Work Release 917 Gibson Blvd. Steelton, Pennsylvania 17113. Date: October 11,2006 Leslie A. Tome , Esquire 155 South H ver Street Carlisle, P A 17013 (717) 241-6070 Supreme Court J.D. # 200198 Attorney for Plaintiff 1:(~~ ....0 o ~~ E)e:>> ).'> "t9- n ~~~. -0 ~ ~ ""'" r-:J c~ c~:} c,~ o . .. -" :2 l.) -n --\ ;[;:n ..'c-- 1',' - ',,-,J -D :;; 'I _.-, - ~ ~ ~,:._': en ~) ,-\ ~2: (.0 J:...... tT JILLIAN O'MALLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 06-5957 CIVIL ACTION LAW JOSEPH PALOMBA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 20, 2006 , 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 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 21, 2006 at 9:30 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 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 hearin~. FOR THE COURT. By: /s/ ac ueline M. Veme 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 HA VE 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 . ~ ~ b ~ ~ ~ ~ 10- (It'.OI ,~ :7 ~fr1# 7U, ~. oe.o/ ~ p ~ ~ h(piJ'P9 ~c? ~.(}I .... \tlf\J\;~^~ASNN3d UNln....."" "r" :~;':'f\lnl"\ I t.}",l ~ .,-:~~:.jC:'t.~t v 011 : I ~ld OZ 1:)0 900Z AtiV10NOi-U.ocd 3Hl :to 3:Jl~:!O-{]31!:l y r . DEe 0 Ii 2llIl6 J V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2006-5957 CIVIL ACTION - LAW JILLIAN O'MALLEY, Plaintiff JOSEPH PALOMBA, Defendant IN CUSTODY ORDER OF COURT AND NOW, this b tt, day of :D~c... ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jillian O'Malley and the Father, Joseph Palomba, shall have shared legal custody of Joseph Cayden Palomba, born May 22, 2006. 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. 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 limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody, two overnights per week, the days and times as agreed by the parties. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 5 :00 p.m. to Christmas Day at 5 :00 p.m. Block B shall be from Christmas Day at 5:00 p.m. to December 26 at 5:00 p.m. Mother shall always have Block A and Father shall always have Block B Vli'!Vi\lASI'0N:3d I I Nn"'J"1 '\../'T,;-'CliAtn" ~ I :Ltc) '.',.' ;'.-:""Oi'vt V 9 I :8 Wd 9- 330 900l AI:N10NOHJ.OSd 3Hl ~o 38(~:!o-{j311:l . 5. Thanksgiving shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3 :00 p.m. and Mother shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 6. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day. 7. Each parent shall have a four hour block of time with the child on the child's birthday. 8. as agreed. The parties shall share physical custody of the child on all other holidays 9. Transportation shall be shared as agreed by the parties. 10. 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. BY THE COURT, J;~ J. cc: Leslie A. Tomeo, Esquire, Counsel for other )' Richard S. Friedman, Esquire, Counsel for Father IJ- - 1- ole ~~, jt{5 . . . JILLIAN O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5957 CIVIL ACTION - LAW JOSEPH PALOMBA, Defendant : IN CUSTODY PRIOR JUDGE: None 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 CUSTODY OF Joseph Cayden Palomba May 22, 2006 Mother 2. A Conciliation Conference was held in this matter on December 5,2006, with the following in attendance: The Mother, Jillian O'Malley, with her counsel, Leslie A. Tomeo, Esquire, and the Father, Joseph Palomba, with his counsel, Richard S. Friedman, Esquire. 3. The parties agreed to an Order in the form as attached. I;J...- S -o~ Date ~~fi,t~ acq ine M. Verney, Esquire Custody Conciliator LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 ,",;O"s I? 10: 55 coUNTY JILLIAN O'MALLEY, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2006-CV-5957 JOSEPH PALOMBA., :CIVIL ACTION-LAW Defendant :CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Mother, Jillian O'Malley, by and through her attorney, William T. Tully, Esquire, and avers as follows: 1. The Honorable J. Wesley Oler, Jr., issued an Order in the above-matter on December 6, 2006 pursuant to an agreement reached between the parties. 2. Due to a change in circumstances, Plaintiff is now requesting that the custody provisions be modified to allow supervised visitation because of reckless behavior while having custody of their minor child, and requests that an additional conciliation conference be scheduled to modify the current custody/visitation arrangements. WHEREFORE, Plaintiff requests This Honorable Court schedule an additional conciliation conference. Date: 4 1 , Respectfully Submitted, William T. Tully, Esq. 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 540-6833 I.D. #36410 0- 0 Akf 1; ?3, &Y at'4 P_# d YO? I°ao / A ? LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 JILLIAN O'MALLEY, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2006-CV-5957 JOSEPH PALOMBA., :CIVIL ACTION-LAW Defendant :CUSTODY CERTIFICATE OF SERVICE I, Tammy L. Kelly, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by United States Mail, first class, certified mail, return receipt requested, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 32300002 6107 3394 Joseph Palomba 1709 Rambo Lane Harrisburg, PA 17112 Date: o `? 1 Tammy L. Kelly _, t . LAVV OFFICE OF WILLIAM T. TULL1' , _, William T. Tully, Lsquire `~ ' ~ ~ ~''` ' 2595 Interstate Drive, Suite 101 _ Harrisburg, PA 1 ? l 10 , Q -, ., 717/540-6833 r ,~~~. ~ ~~~ ~~~~ ;~a~~" Attorney ID #36410 ' ~ ; ~ ~ '~ ~ L ~~~; r~ ~ , JILLIAN O' MALLEY, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2006-CV-5957 JOSEPH PALOMBA., :CIVIL ACTION-LAW Defendant :CUSTODY NOTICE OF PROPOSED RELOCATION ANI) NOW comes .Lillian O'Malley, Plaintiff/ Mother, by and through her counsel, William T. 'fully, Esquire, who represents that she is the parent of Joseph Clayden Palombo, and intends to move on or about December 28, 2012, and avers as follows: 1. The address of the intended new residence is 2712 Caribbean Drive. Lake Havasu City, Arizona, 86406. 2. 'The names and ages of all individuals who will be living at this new residence are Jillian O'Malley, age 31, Robert Griffiths, age 34, and Joseph Clayden Palomba, age six. 4. 'The intended new residence will not have a home telephone number. 'The telephone number where Plaintiff/Mother can be reached on her cell phone is 717-903-6603. 5. The name of the new school district is Lake Havasu Unified School Districa, and child will attend first grade at Jamaica Elementary School at 3437 Jamaica Boulevard, Lake Havasu City, Arizona. 6. The date of the proposed relocation is December 28, 2012. 7. The reasons for the proposed relocation are Mother's fiancee has received a job offer in Arizona which will substantially improve the family's financial situation, and Arizona will allow mother to accelerate her course of studies, and allow her to gain employment one year earlier than if she remains in Pennsylvania. The move will also improve the quality of life for the child since Arizona will provide a superior climate and a better school district.. 8. Because of visitation issues, which are the subject of a separate custodv action, filed contemporaneously with this action, Petitioner proposes to change the custody schedule to: Father may have supervised visitation (i.e. with his parents or sister, for five weeks in the summer (July 8 to August 12); one week over Christmas break; one week during spring break (usually occurs in March); and liberal visitation in Arizona whenever father and/or grandparents wish to fly out. 9. Plaintiff has attached a proposed Counter-Affidavit which Defendant may use to object to the proposed relocation. WARNING TO THE NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSF,D FROM OBJECTING TO THE RELOCATION. Respectfully Submitted, Date: ~ ~ ~-I-~~ O r ~/ William "T. Tully, Esq. 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 540-6833 LD. #36410 Attorney for Plaintiff LAW OFFICE of WILLIAM T. TULLY William T. Tully, Esquire 2595 Interstate Drive. Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney [D #36410 JILLIAN O' MALLEY, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYL,V.ANIA v, :NO. 2006-CV-5957 JOSEPH PA.LOMBA., :CIVIL ACTION-LAW Defendant :CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, JOSEPH PALOMBA, file this Counter-Affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on Check one of the following boxes: 2012 and 1. [ ] I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. 2, [ ] [ do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled A. prior to allowing the child to relocate . B. after the child relocates. 3. [ ~) I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation.. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 (relating to unsworn falsification to authorities). Date: JOSEPH PALOMBA LAW' OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2595 Interstate Drive, Sui[e lOl Harrisburg, PA 1 i 110 717/540-6833 Attorney [D #36410 JILLIAN O'MALLEY, :1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• :NO. 2006-CV-5957 JOSEPH PALOMBA., Defendant :CIVIL ACTION-LAW :CUSTODY CERTIFICATE OF SERVICE I, Tammy L. Kelly, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by United States Mail., first class, certified mail, return receipt requested, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 32300002 6107 3394 Joseph Palomba 1709 Rambo Lane Harrisburg, PA 17112 1 Date: ammy L. I elly JILLIAN O'~~iALLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYI_.'~~.AN.1~~~~ r_:, .~ _~. ~~~ ~ 2006-5957 CIVIL ACTON LAW' ~ ~ ~ ~~ JOSEPIi PA:~OMBA IN CUSTODY ~ ~- ~ , D~~:FENDANT ORDER OF COURT ANU NCSW', ____Thursday, October 18, 2012 , 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 4th Floor, Cumberland Count~Courthouse, Carlisle on Wednesday, November 28, 2012 at 9:30 AM Ior a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the• issues in dispute; or if this cannot he accomplished, to define and narro~~~ 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: /si Jacqueline M. Verney Esq~ Custody Conciliator _ N' 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 co-.-rt, 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 ATTORNF,Y AT ONCE. IF YOU DO NOT HAVE ,=yN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T}iF. OFFICE SET FORTH BEL-_)W TO FIND OUT VVI-IERE ~'OU CAN GE~[' LEGAL HELP. Cumberland County Bar Association 32 South E3edford Street Carlisle, Pennsylvania 17013 ~~~ Telephone (7I7) 249-3166 ~Pi P1 ~di ~ZO~ i°//q/i~ J-. - LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 19110 717/540.6833 Attomev ID p36410 1~ fj' ~.~, y ~Ffi~;~,~~ ,. C;;,~ is rr<,', ~`~ ~ r t ~ o~.~ t~ r i; ~~ '; JILLIAN O'MALLEY, Plaintiff v. JOSEPH PALOMBA., Defendant ..,f`ir9~{~ :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.2006-CV-5957 :CIVIL ACTION-LAW :CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, JOSEPH PALOMBA, file this Counter-Affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on ~ ~ -~1a- , 2012 and Check one of the following boxes: 1. [ ) I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. 2. [ ] I do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled ^ A. prior to allowing the child to relocate . ^ B. after the child relocates. 3. ~ I do object to the relocation and I do object to the modification of the custod J y order, and I request that a hearing be held on both matters prior to the relocation taking place. f I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: ~~,~, l~ J EP PALOMBA .~- . JILLIAN O'MALLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. NO: 2006-CV-5957 JOSEPH PALOMBA, CIVIL ACTION -LAW DEFENDANT CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL William T. Tully, Esq. 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 DATED: 11/16/2012 Scott McPartland JILLIAN O'MALLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2006-CV-5957 ... r-.~ .W..... F '~ JOSEPH PALOMBA, ~~~ CIVIL ACTION -LAW ~ ,t° --- ~ ,~_;' DEFENDANT CUSTODY -'= ` "' ~ ~' -~ y~ ~, ,Y ~'. ~~, NOTICE TO PLEAD ~~-' ,w'; ~- TO: Jillian O'Malley c/o William T. Tully, Esq. 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 YOU ARE HERBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. JACOBSON, JULIUS & MCPARTLAND '' .,.-'`ice Dated: 11 /16/2012 Scott cPartland ID# 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 Attorney for Plaintiff JILLIAN O'MALLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v, NO: 2006-CV-5957 JOSEPH PALOMBA, CIVIL ACTION -LAW DEFENDANT CUSTODY DEFENDANT'S PRELINIINARY OBJECTIONS TO PLAINTIFF'S PETITION FOR MODIFICATION AND NOW COMES, Joseph Palomba, Defendant, by and through his attorneys, Jacobson, Julius & McPartland, who files this Preliminary Objection to Plaintiffs Petition for Modification, and in support thereof, state as follows: I. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P.1028(a)(1) 1. Pursuant to Pa. R.C.P. 1028(a)(1), a party may preliminarily object to a Complaint upon a showing of lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue... 2, On or about October 17, 2012, Plaintiff, Jillian O'Malley, filed a Petition for Modification and a Notice of Proposed Relocation in the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Plaintiff is seeking to modify a Custody Order that was entered by this Honorable Court on December 6, 2006. 4. Defendant has resided at 1709 Rambo Lane, Harrisburg, PA 17110 since August, 2010. 5. Plaintiff has resided in the Union Deposit, Harrisburg area for at least the past one year. 6. Pa. R.C.P. 1915.2 addresses Venue in custody actions. 7. Essentially, look to the home county of the child at the time of commencement of the proceeding or the child's home county within six months before commencement of the proceeding. 8 The child has not resided in Cumberland County, Pennsylvania in the previous six months. 9. Cumberland County, Pennsylvania is an improper venue to commence this Petition for Modification and Notice of Relocation. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Petition for Modification and Notice of Relocation and grant such other relief as the Court deems just and appropriate. Respectfully Submitted, ~,. Dated: 11 / 15/2012 ~--'`-~ cPartland Attorney I.D. No.: 209669 Jacobson, Julius & McPartland 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 JILLIAN O'MALLEY, PLAINTIFF v. JOSEPH PALOMBA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2006-CV-5957 CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL William T. Tully, Esq. 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 DATED: 11 /16/2012 ,..~~~ ``~- artlarid ,- LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2595 Ir-terstate Drive, Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 ~''~-~l~-QF rC,~ ~~~ t f~i~' P~TNc~r~`~T~`ji `; Z~11 NOY 28 AEI tQ. 23 CUMBERLAND C~j~N~~`~ PENNS Yt ye r3, ,+< JILLIAN O'MALLEY, Plaintiff v. JOSEPH PALOMBA., Defendant :IN THE COURT OF :CUMBERLAND CC :NO.2006-CV-5957 SON PLEAS . PENNSYLVANIA :CIVIL ACTION-LAW :CUSTODY AND NOW comes the Plaintiff/Mother, Jillian O'Malley, by an through her attorney, William T. Tully, Esquire, and files the following responses to D fendant's Preliminary Objections and avers as follows: 1-5. Admitted. 6. Neither admitted nor denied. Rule 1915.2 speaks for 7. Admitted in part, denied in part. It is admitted that Rul 1915.2 is specifically applicable to an initial filing for custody. It is denied, that Rule 1915.2 a plies to ongoing cases, where a Petition is filed to an existing caption and jurisdiction /venue has of been relinquished. 8. Admitted. ', 9. Denied. This averment constitutes a conclusion of law w~lich shall be deemed to be denied. NEW MATTER 10. Paragraphs 1 through 9 are incorporated herein by referen~e as if set forth fully at length hereto. 11. The appropriate remedy for a venue dispute is not dismi~sal, but rather, transfer pursuant to Rule 1915.2(d). 12. Plaintiff is satisfied that Cumberland County continues to ave appropriate venue, but is not opposed to transfer to Dauphin County as long as a timely heari g can be conducted. 13. A related custody conciliation is already scheduled bef~re Jacqueline Verney, ,_ r ~ Esquire, on November 28, 2012. WHEREFORE, Plaintiff respectfully requests Your Honorable court deny Defendant's Preliminary Objections as to venue, or, in the alternative, grant a transferif the Court finds that it is in the interests of justice. Date: 1 Respectfully Submitted, William T. Tully, Esq. ', 2595 Interstate Drive, Suite 101 ', Harrisburg, PA 17110 (717) 540-6833 i, LD. #36410 r - ~ LAW OFFICE OF WILLIAM T. TULLY William T. Tulty, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 JILLIAN O'MALLEY, Plaintiff v. :IN THE COURT OF :CUMBERLAND CC :NO.2006-CV-5957 :CIVIL ACTION-LAW :CUSTODY ON PLEAS PENNSYLVANIA JOSEPH PALOMBA., Defendant CERTIFICATE OF SERVICE I, Tammy L. Kelly, hereby certify that on this date, a true a~Id correct copy of the foregoing document was served upon all interested parties by United ~5tates Mail, first class, certified mail, return receipt requested, postage prepaid at Harrisburg, F?ennsylvania, addressed as follows: Scott McPartland, Esquire Jacobson Julius & McPartland 8150 Derry Street, Suite A Harrisburg, PA 17111 Date: ~ ~ ~~ Tammy L. Kelly