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Home My WebLink About95-05063 ~ . i " ~ ',. -I I , .~ I cB , €. . c.. J!l I J' . j I , 1 i rt): 3: o ll): I If) ; a- : ~( - .. . "" . .. 0&:' < . .tf ~'. MN 03 .. CINDY L. BOONIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-5063 CIVIL TERM DAVID T. JOHNSON, Defendant CIVIL ACTION - LAW : CUSTODY/VISITATION CUSTOOY cmcILIATI~ SlJtMARY REPCRI' IN ACXDUlANCE wrm ClImBRLAND CXUfi'Y RULE 01" CIVIL PlIO """.JRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Alicia E. Boonie May 22, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on Novel!tler 1, 1995, wi th the following individuals in attendance: The Mother, Cindy L. Boonie, with her counsel, Charles Schanfelter, and paralegal, C. Antony Ulen. The Father, David T. Johnson, did not attend the Conference, although the Mother's counsel stated that the Father had been served with a copy of the Petition and Order scheduling the Conciliation Conference. According to Mr. Ulen, the Certified Mail to Mr. Johnson had been returned unclaimed and service was then accomplished by regular mail which was not returned by the post office. 3. The Mother requested sole legal and physical custody of the Child, now five (5) months old. The Mother stated that the parties have never been married and the Father has not seen, attempted to see, or shown any interest in seeing the Child since her birth on May 22, 1995. The Mother expressed concern regarding the Father's habitual drug use and the safety of the Child if there were to be any contact with the Father. However, this does not appear to present an issue at this time as the Father has never initiated any such contact and did not appear at the Conciliation Conference. 4. The Conciliator reconmends an Order in the form as attached. ^- ,6n:~: Date -. 'I '7 , i ~ , ! I I. . ~~4t.....; .";-";t......"..-l.,\"j DaWn S. Sunday, Esquire Custody Conciliator * Ci 'l(,I,/ , 11,,,,,,,, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW ~NO. q )-,;(;(, 5 CIVIL : CUSTODY/VISITATION 19 * O I .. J~r,h'I~OI , c.~, (I I - Defendant ORDER OF COURT . CJ. ct. ~. I~.r ., AND NOW, th~s (date) , upon cons~derat~on of the attached complaint, it is hereby directed t at the part~es and their respective counsel appear before h..'.1 ~ S.u~(c., t ~I , the conciliato,r, at ../, 'I (, \, fl')."" 'So I"l'" "'\1' " ~J . on the 1)1 day of NOJ......~)t,' , 19C'lS-, at ,rx-IJ,rfl. H., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or penllanent order. FOR THE COURT: .Y: 'f.t';,,; 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. By: ,~ 11..".d ,..I ustody Conciliator OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 OCI L It" I ,.i '95 " , .-. , , ,~,/p.9S ~.~f)t~1t; f~:J ~ Lrt> 10' b .~ 714 ~ -$ d.ijI jO/,.tj{ ~ rrta..JJ -to {; ,~'> ~~.r> : 'c IS~S~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CINDY L. BOON IE Plaintiff V. CUSTODY DOCKET NO qo(;' - 5(1C-. J t'u~ VR.e,." CIVIL LAW DAVID T JOHNSON Defendant ORDER OF COURT You. David T Johnson. defendant. have been sued in court to obtain custody of the child. Alicia E. Boonie. You are ordered to appear in person at . _ m., for a conciliation or on _,at mediation conference. If you fail to appear as provided by this Order, an order for custody, partial custody, or visitation may be entered against you or the court may issue a warrant for your arrest. 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 -j tk/J ( OIIJ\} ~11V1<;r-1("'7~ / ~Ol<<lkPl-(M ~~I ~U-t/c~~P". /7CJ/3 {YJ~/o-l C()j'Je ~(J&t\e (Ad ss) r (2cil-2'10- '(il.. Cl D (Telephone Number) Date BY THE COURT ------.---.--- --.-- J - ---.'" -.-....-.-." .--. .. - --_.,_.__.~-..._- ." IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CINDY L. BOONIE Plaintiff v CUSTODY DOCKET NO. CIVIL LAW DAVIDT. JOHNSON Defendant COMPLAINT FOR CUSTODY AND NOW comes the plaintiff. Cindy L. Boonie. residing at Seventeen (17) Birch Street. Mechanicsburg, County of Cumberland. Pennsylvania 17055. and brings this action against David 1. Johnson, residing at 157 Lincoln Street, Carlisle. Cumberland County. Pennsylvania 17013, for sole custody of their minor child, Alicia E. Boonie. The plaintiff asserts the following in support of this complaint: I. The child was born out of wedlock on May 22, 1995. 2. The child continues to be in the custody of the plaintiff and the child's maternal grandmother. Esther Boonie, all of whom reside at Seventeen ( 17) Birch Street, Mechanicsburg, Pennsylvania 17055. 3. The child has been in the care and custody of the plaintiff and the maternal grandmother since the child's birth. 4. The mother, Cindy L Boonie. is single and resides with Esther Boonie, the child's maternal grandmother 5. The father. David T Johnson. is believed to be single. and it is not known with whom the defendant resides 6 The plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of Alicia E Boonie in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child in a court of this commonwealth - 8. PlainlitT does nol know of a person nor a party or witness who has or claims to have custody or visitation rights with respect to the child 9. The best interest and permanent welfare of the child will be served by granting the relief requested because A. The child's physical, intellectual. and moral well-being is better served if she remains with the plaintiff B. The defendant has showed a settled purpose to relinquish all parental claims to the child by refusing to support or visit with the child (~1.fuYU-A-__ Pro Se C. PlaintitThas been the child's primary caretaker and has tended to the child's physical needs and has exhibited love. affection, concern, tolerance, and a willingness to sacrifice for the benefit of her child 0, The defendant father has other children unrelated to the plaintitTfor whom he has been unable and/or unwilling to morally or financially support, and there is no reason to believe that the trend will not continue. E. The spiritual and religious development of the child would be better served by awarding sole custody to the plaintitT. 10. Each parent has not had their parental rights terminated. and the person who has physical custody of the child is the plaintiff in this action. The only other person known to have or claim a right to custody or visitation of this child is Esther Boonie of Seventeen (17) Birch Street, Mechanicsburg, Pennsylvania 17055, and she has been given notice of the pendency of this action and the right to intervene as the child's maternal grandmother WHEREFORE. plaintiff requests this Honorable Court to grant sole custody of the child I veritY 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 Section 4904 relating to unsworn falsification to authorities , I C \.t\d~ 0ai~'__,_ Plaintill.