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HomeMy WebLinkAbout02-2742KAREN J. JOHNSTON, PLAINTIFF vs, TIMOTHY W. JOHNSTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, KAREN J. JOHNSTON, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is KAREN J. JOHNSTON, an adult individual who resides at 1279 Summitview Court in New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania. 2. The Defendant is TIMOTHY W. JOHNSTON, an adult individual who resides at 210 Greenlane Drive in Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are former husband and wife. 4. The Plaintiff and Defendant are the parents of one minor child, Gregory A. Johnston, age 16, born 15 July 1985. 5. Plaintiff seeks an award of primary physical custody of the said minor child, Gregory A. Johnston. 6. The child was not born out of wedlock and is presently in the custody of the Plaintiff. 7. persons at the following addresses: 1985 through early May 2001 During the past five years, the minor child has resided May 2001 until early May 2002 May 2002 to present Plaintiff & Defendant Plaintiff & Defendant (with Plaintiff at (with Defendant at Plaintiff only with the following 210 Greenlane Drive Camp Hill, PA 1279 Summitview Court New Cumberland, PA 210 Greenlane Drive Camp Hill, PA 1279 Summitview Court New Cumberland, PA above. 9. above. 10. the child. 11. alone. The mother of the child ia the Plaintiff who resides at the address set out The father of the child is the Defendant who resides at the address set out The Plaintiff is the natural mother of the child. Plaintiff currently resides with The Defendant is the natural father of the child. Defendant currently resides 12. The Plaintiff and Defendant participated in a child custody action filed before the Court of Common Pleas of York County, Pennsylvania, in June of 2001, which was filed to Docket No. 2001 - SU - 02954 - 03. A temporary order was entered in that matter but the action was eventually discontinued by an order of that Court dated 9 October 2001. Otherwise, Plaintiff has not been involved in any other action involving the custody of the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. She is better able to meet the child's needs; and B. The relationship between the child and the Defendant has become strained by the Defendant's difficulty in disciplining and controlling the child; and C. The child prefers to reside primarily with Plaintiff; and D. The best interest of the child will be served by an award of primary physical custody to her, 14. 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, WHEREFORE, KAREN J. JOHNSTON, requests this Court to grant her custody of the child, Gregory A. Johnston. Andes~;Ztj~ - Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). KAREN J. JOHNSTON PLAINTIFF V. TIMOTHY W. JOHNSTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2742 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, June 12, 2002 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, July 08, 2002 at 8:30 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 hearing. FOR THE COURT, By: /s/ Melissa P. Gree~y. 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 KAREN J. JOHNSTON, PLAINTIFF VS. TIMOTHY W. JOHNSTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY STIPUL_ ATION AND NOW come the above-named parties, with their attorneys, and stipulate and agree as follows: 1. The court shall enter the attached Order awarding shared legal custody to both parties and primary physical custody to the Plaintiff, Karen J. Johnston. 2. Timothy W. Johnston shall be entitled to claim the personal exemption of the parties' son Gregory A. Johnston for tax year 2002. Thereafter, the child's exemption shall be claimed by the party having primary physical custody of the child or by the appropriate tax law. WITNESS WHEREOF the parties have entered into this Stipulation this __ of ~'-,. ~-, ,2002. l --~-'~ day Defendant AUG ] ~ ~007 ~/ KAREN J. JOHNSTON, Plaintiff V, TIMOTHY W. JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2742 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 8th day of August, 2002, the counsel for parties having requested a thirty (30) day continuance on July 3, 2002, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR T~~: KAREN J. JOHNSTON, PLAINTIFF VS. TIMOTHY W. JOHNSTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2742 CIVIL TERM IN CUSTODY ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, TIMOTHY W. JOHNSTON, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Custody filed in the above action on behalf of the Defendant . Dated: 2---- ~-~dan~) '-~nningha t ~'Attorney for Defendan Supreme Court ID # ~JJ ~,~j KAREN J. JOHNSTON, PLAINTIFF rS, TIMOTHY W. JOHNSTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this Z_o ~ day of ~;7-~,~ ~, ,- , 2002, upon the agreement of the parties as expressed in the attached stipulation, we hereby order and decree as follows in this matter: 1. The parties, the mother Karen J. Johnston and the father Timothy W. Johnston, shall share legal custody of their minor child, Gregory A. Johnston, born 15 July 1985. Both parents will cooperate to make all non-emergency decisions relating to the child's health, education, and religious training and will cooperate to provide information to the other parent about such items. 2. Primary physical custody of the said minor child is hereby awarded to his mother, the Plaintiff Karen J. Johnston. 3. The child's father, the Defendant Timothy W. Johnston, shall have and enjoy such periods of temporary or partial physical custody of the child as the Plaintiff and Defendant may agree, from time to time hereafter. In the event that the parties cannot agree upon a schedule of custody, either party may petition the court for the entry of an order setting out such a schedule. Distribution: BY THE COURT, '~Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 '~Jordan D. Cunningham, Esquire (Attorney for Defendant) 2320 North Second Street, Harrisburg, PA 17110 KAREN J. JOHNSTON, PLAINTIFF VS. TIMOTHY W. JOHNSTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~J'~' ~"7~ IN CUSTODY STIPULA_ TION AND NOW come the above-named parties, with their attorneys, and stipulate and agree as follows: 1. The court shall enter the attached Order awarding shared legal custody to both parties and primary physical custody to the Plaintiff, Karen J. Johnston. 2. Timothy W. Johnston shall be entitled to claim the personal exemption of the parties' son Gregory A. Johnston for tax year 2002. Thereafter, the child's exemption shall be claimed by the party having primary physical custody of the child or by the appropriate tax law. WITNESS WHEREOF the parties have entered into this Stipulation this __ of ~'-,.~, ,2002. l ~-"~ day Timothy ~. Johnston/ - Defendant x~'0rd ary~. Cunning ham ~' Attor~y for Defendant