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HomeMy WebLinkAbout02-3113SALLY JO KALINA, PLAINTIFF JOSEPH JOHNSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O~.--~t ~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. 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 PA 17013 (717) 249-3166 1-800~990-9108 SALLY JO KALINA, PLAINTIFF VS. JOSEPH JOHNSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.C.~ _.31~x~ CIVILTERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, SALLY JO KALINA, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinat~er sometimes referred to as "Mother") is SALLY JO KALINA who currently resides at 101 East Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Father") is JOSEPH JOHNSON, who currently resides at 1211 Smokey Wood Drive, Pittsburgh, Allegheny County, Pennsylvania, 15218. Name KYLEE TAYLOR JOHNSON Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Present Residence Date of Birth July 8, 1991 101 East Green Street Mechunicsburg, PA The child was bom out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 101 East Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS Plaintiff Defendant Plaintiff ADDRESS 7443 Penfield Court Pittsburgh PA 1211 Smokey Wood Drive Pittsburgh PA 101 East Green Street, Mechanicsburg, PA DATES July 1991 to September 2001 September 2001 to June 2002 June 2002 to Present 7. The Mother of the child is the Plaintiff, Sally Jo Kaiina, who currently resides at 101 East Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is single. 8. The Father of the child is the Defendant, Joseph Johnson, who currently resides at 1211 Smokey Wood Drive, Pittsburgh, Allegheny County, Pennsylvania, 15218. The Father is single. 9. The relationship of the Plaintiff, Sally Jo Kalina, to the child is that of the Natural Mother. Mother currently resides with the child. 10. The relationship of the Defendant, Joseph Johnson, to the child is that of the Natural Father. Father currently resides alone. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Plalntiffhas not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has always had primary legal and physical custody of her daughter since birth, with the exception of several months in the past year, when Mother came to Mechanicsburg, Pennsylvania to establish herself in a new home for her daughter and new job; B. Mother and daughter have a close physical and emotional bond with each other; C. Father has always been supportive of Mother and never requested more than occasional visitation with the child; D. Mother moved to be close to her family and relatives; E. Mother believes it is in her daughter's best interests to be with her. 15. 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, Plaintiff, SALLY JO KALINA, requests this Honorable Court award her SHARED LEGAL and PRIMARY PHYSICAL CUSTODY and Defendant, JOSEPH JOHNSON, SHARED LEGAL and PARTIAL PHYSICAL CUSTODY of the minor child, KYLEE TAYLOR JOHNSON. Respectfully submitted, Dated: June'O-.7,2002 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. g~4904 relating to unsworn falsification to authorities. DATED: sA~ jC~C/ f c SALLY JO KALINA PLAINTIFF V. JOSEPH JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3113 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 03, 2002 , 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, August 06, 2002 at 10:00 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/ Dawn S. Sunday. F.~q, 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATI'ORNEY 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 W2tERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SALLY JO KALINA, Plaintiff VS. JOSEPH JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3113 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this t 5'" day of .~.~u~ "- ' ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sally Jo Kalina, and the Father, Joseph Johnson, shall have shared legal custody of Kylee Taylor Johnson, bom July 8, 1991. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The parties shall keep each other infmmed of any successes, difficulties, activities or emergencies in which the Child is involved. Each party shall provide the other with current information regarding any third parties providing care for the Child during his or her periods of custody and shall list each other as emergency contacts with the Child's school or other care providers. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child as follows: A. During the school year, the Father shall be entitled to have custody up to 2 weekends per month upon providing at least 1 week advance notice to the Mother. Periods of custody shall not be scheduled during weekends when the Child has special events or other previously scheduled significant activities. B. The Father shall have custody of the Child for 1 week during each of the months of June, July and August each year upon providing notice to the Mother of selection of dates by May 1st. Periods of custody under this provision shall not be scheduled during weeks when the Child has been previously scheduled to attend camp or other special activities. C. In the event the Father travels to the Mechanicsburg area, he shall be entitled to visit with the Child for reasonable periods as arranged by agreement of the parties in advance. D. The parties shall be reasonable and cooperative in establishing specific dates and times for partial custody under this provision and in making any necessary adjustments to the schedule which are necessary to promote the Child's needs and interests. 4. Unless the Father indicates a desire to have custody of the Child on a holiday at least 2 weeks in advance, the Mother shall have custody of the Child on New Years Eve, New Years Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. In the event the Father is available and expresses a desire for holiday periods of custody, the parties shall cooperate in establishing specific dates and times. Unless otherwise agreed between the parties, the Father shall have custody of the Child every year over Father's Day weekend and the Mother shall have custody of the Child over Mother's Day weekend. 5. The Father shall have liberal telephone and E-Mail contact with the Child. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. 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, cc',r'~usan K. Candiello, Esquire - Counsel for Mother /'~oseph Johnson, Father. SALLY JO KALINA, Plaintiff VS. JOSEPH JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3113 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Kylee Taylor Johnson July 8, 1991 Mother 2. A Conciliation Conference was held on August 6, 2002, with the following individuals in attendance: The Mother, Sally Jo Kalina, with her counsel, Susan K. Candiello, Esquire. The Father, Joseph Johnson, is not represented by counsel in this matter and did not attend the Conference or contact the Conciliator. 3. The Mother's counsel served the Father with a copy of the Complaint and Notice of the Conciliation Conference on July 31, 2002. The Mother also indicated at the Conference that in a telephone conversation, the Father advised her that he did not plan to attend the Conference. 4. According to the Mother, the parties have always been able to amicably work out custody arrangements for their daughter. The Father currently resides in Pittsburgh and the Mother moved to Mechanicsburg within the last year to be closer to her family. The Mother indicated that the custody schedule which she proposes basically reflects the arrangement the parties have already been following. The Mother indicated her desire that the parties both continue to be reasonable and flexible in using the schedule and making adjustments as necessary to promote the Child's needs and interests. 5. Based upon the representations made by the Mother at the Conference and the fact that the Father did not attend the Conference or notify the Conciliator of any opposition to the proposed schedule, the Conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire(/ Custody Conciliator