HomeMy WebLinkAbout99-03780
1
1
MAY - 3 2000_
SANDY S. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD E. HAWBAKER, NO. 99-3780 CIVIL
Defendant IN CUSTODY
AND NOW, this VA day of 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and dir cted as follows:
I. This Court's prior Order of September 14, 1999 is vacated.
2. The Mother, Sandy S. Smith, and the Father, Donald E. Hawbaker, shall enjoy
shared legal custody of Kayla Marie Hawbaker, born March 1, 1988.
3. Physical custody of the child shall be handled as follows:
A. Mother shall have the following times of physical custody with the
minor child during a 28 day timeframe:
On her alternating weekends off work, from Friday
after school or 3:00 p.m. in the summer until Monday
at 7:00 p.m.
2. On the other alternating long weekend from work,
from Friday at 3:00 p.m. or after school until Sunday
at 9:00 a.m. and from Monday at 9:00 a.m. until
Wednesday at 6:30 a.m.
3. During the week when Mother works from 4:00 p.m.
until midnight, from Saturday at 9:00 a.m. until
Monday at noon.
4. Following Mother's 4:00 - 12:00 shift and before her
12:00- 8:00 shift, Thursday from 9:00 a.m. or after
school until 7:00 p.m. on Friday.
5. When Mother is working the 8:004:00 shift, from
Thursday at 4:30 p.m. until the following Thursday at
3:30 p.m.
r
B. The Father shall have physical custody of the minor child at all other
times that Mother does not have custody as set forth in Paragraph 3A
above, subject to the provisions set forth below with respect to
holidays and other matters.
4. Each parent shall have two (2) non-consecutive weeks of vacation with the minor
child during the time they are off work. The parents shall give at least thirty (30)
days written notice to the other parent as to when they intend to exercise this
vacation.
The Father shall have custody of the minor child on Father's Day and the Mother
shall have custody of the child Mother's Day with the timeframe being from 9:00
a.m. until 7:00 p.m.
6. The parties will agree between themselves to work out an arrangement whereby they
share custody of the minor child on Thanksgiving, Christmas and Easter.
The parties shall share custody of the minor child on her birthday or, if that is not
possible, on the day before or day after the child's birthday.
8. It is anticipated that the work schedule of the parties may change in the future. At
the time of such change, the parties shall work between themselves in an effort to
reach an agreement on a custody schedule to accommodate each parties respective
work schedule. The custody arrangement in the future should provide for the
Mother having fourteen (14) overnights in the first month and thirteen (13)
overnights in the second month, with the successive months handled under the same
schedule. A month for purposes of this custody order shall be defined as a 28 day
four week cycle.
9. In the event either party is unable to provide care for the child during their scheduled
custody for a period of at least two (2) hours or more, they shall fast contact the
other parent and give that parent the opportunity to provide care. If the other parent
cannot provide the care, the maternal grandmother shall be given the first option
with the paternal grandmother being given the second option.
10. The child shall enjoy liberal telephone contact with the non-custodial parent.
11. Absent an agreement to the contrary, transportation shall be shared with the
receiving parent picking the child up at the other parent's home.
12. Mother will commit herself to being sensitive to the child's desires with respect to
exposing the child to Mother's boyfriend. However, the decision on whether the
boyfriend is present when Mother exercises custody shall be the Mother's alone.
13. This order is entered pursuant to an agreement by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this order by
agreement between themselves, they may do so either verbally or in writing.
However, absent any written modification of this order and in the event of any
disagreement between the parties, this order shall control. Either party may petition
the court to have this order modified if they so desire.
cc: Carol J. Lindsay, Esquire
Jacqueline M. Verney, Esquire
BY g
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SANDY S. SMITH,
Plaintiff
v
DONALD E. HAWBAKER,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3780 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1.
2.
3.
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Kayla Marie Hawbaker, bom March 1, 1988.
A Conciliation Conference was held on April 26, 2000, with the following individuals in
attendance:
The Mother, Sandy S. Smith, with her counsel, Carol J. Lindsay, Esquire; and the Father,
Donald E. Hawbaker, with his counsel, Jacqueline M. Verney, Esquire.
The parties agree to the entry of an order in the form as attached.
DATE
Hubert X. Gilroy, Esquire
Custody Conciliator
Y x)' J ?J ') m) J-h : IN THE COURT OF COMMON PLEAS
7 Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
CIVIL ACTION LAW
Defendant : NO.?5 I_eCJCIVIL 19 -/9
: CUSTODY VISITATION
ORDER OF O TRT
And now, this , upon consideration of the attached co laint, it is here directed
that the above parties and their respective counsel appear before ' YO
Esquire, the conciliator, atcly
Pennsylvania, on the / )y day of ' 1999, at • 30 M P.M.,
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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: & 46l Af-? y 4!?? / LL?h
Custody Conciliator ? 1
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.
THE CUIBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
G ?y99 ? v ?? ?N 7Y O ^
•.1
SANDY S. SMITH,
Plaintiff
V.
DONALD E. HAWBAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this ' day of J u -, fe 1999, upon consideration of
the attached Complaint it is hereby directed that the parties and their respective counsel appear
before H'Jnbck X laic 4 , the conciliator, on the day of
1999, at m. 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/children who is/are 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 permanent Order.
FOR THE COURT,
By:
Custody Conciliator
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 HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FORTH FLOOR
CARLISLE, PA 17013
(717) 240-0833
SANDY S. SMITH, : IN THE COURT OF COMMON PLFAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - CUSTODY
NO. CIVIL TERM
DONALD E. HAWBAKER, T- go
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Sandy S. Smith, an adult individual currently residing at 5 Winchester Gardens,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Donald E. Hawbaker, an adult individual currently residing at 58 Ballpark
Drive, Gardners, Cumberland County, Pennsylvania.
3. The Plaintiff is the natural Mother of the child, Kayla Marie Hawbaker, born March 1,
1988.
4. The child was not bom in wedlock.
5. In the past two years, the child has resided with the following persons at the following
addresses for the following periods of time:
NAME
ADDRESS
DATE
Sandy S. Smith
Donald E. Hawbaker
Sandy S. Smith
(Sandy's Parents)
58 Ballpark Drive
Gardners, PA
92 Victory Church Rd.
Gardners, PA
June'97 to Feb. '99
Feb. '99 to March '99
(five weeks)
Sandy S. Smith 58 Ballpark Drive (one or two weeks)
Donald E. Hawbaker Gardners, PA
Sandy S. Smith 92 Victory Church Rd. March'99 to April'99
Gardners, PA (approx. two weeks)
Sandy's Parents
Donald E. Hawbaker
92 Victory Church Rd.
Gardners, PA
58 Ballpark Drive
Gardners, PA
April 21, 1999 to Present
6. The natural mother of the child is Sandy S. Smith, who resides as aforesaid. She is not
married.
7. The natural father of the child is Donald E. Hawbaker, who resides as aforesaid. He is
not married.
8. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff
currently resides with Ray A. Yost.
9. The relationship of the Defendant to the child is that of natural Father. The Defendant
currently resides with the child.
10. The Plaintiff has no information of a custody proceeding concerning the child pending in
any Court of this Commonwealth.
11. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a) The Plaintiff is better suited to provide a stable environment to foster the child's
well being.
b) The Plaintiff is more apt to not hamper the custodial periods of the other party.
12. The Plaintiff does not know of any person not a party to the proceedings who claims to
have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court to enter an Order scheduling the
Parties for a Custody Conciliation.
submitted,
Dated:
Thomas S. Diehl, Esq.
Attorney for the I'laintiIT
401 East Louther Street, Suite 103
Carlisle, PA 17013
(717)240-0833
VERIFICATION
I verify that the statements made in the foregoing document 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 unworn falsifications to authorities
DATE: 10J q9
SANDY'S. SMITH
CERTIFICATE OF SERVICE
I, Thomas S. Diehl, Attorney for the Plaintiff, hereby certify that on this 22nd day of
June, 1999, a true and correct copy of the foregoing Complaint for Custody was served on the
following individual at the address listed below in the following manner:
UNITED STATES POSTAL SERVICE
CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT POSTAGE PRE-PAID
Donald E. Hawbaker
58 Ballpatk Drive
Gardners, PA 17324
Dated: CJ
Thomas S. Diehl
Attorney for the Plaintiff
401 East Louther Street
Suite 103
Carlisle, PA 17013
(717)240-0833
Y
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JUN
SEP 14 1999p
SANDY S. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD E. HAWBAKER, NO.99-3780 CIVIL,
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of September, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Sandy S. Smith, and the Father, Donald E. Hawbaker shall enjoy
shared legal custody of Kayla Marie Hawbaker, born March 1, 1988.
2. The Father shall enjoy primary physical custody of the minor child.
3. The Mother shall enjoy periods of temporary physical custody of the minor child as
follows:
A. For eight days (8) per month on the days Mother is off of work. On
the following month, it shall be for six (6) days so that Father's
weekend off from work shall be a time that Father shall enjoy
custody of the minor child. Mother shall exercise custody with the
minor child such that it will not be in the presence of her current
boyfriend. Additionally, in the event Mother is not available to care
for the child during her times of custody, she shall first contact the
Father to see if the Father is available to care for the child before
taking the child to the maternal grandparents.
4. For the one week per month when the Father is working night shift, the Father shall
use the maternal grandparents to provide childcare for the minor child. During this
time, the Mother shall have the opportunity of enjoying custody with the minor
child.
5. The Mother shall always have custody of the child on Mother's Day. The Father
shall always have custody of the minor child on Father's Day, with this provision to
supercede any other provision of this order.
6. The parties shall work out an arrangement to handle major holidays for exchange of
or sharing of custody depending upon the parties work schedule.
7. Neither party shall consume alcohol while in the presence of the minor child
8. This is a temporary order in so far as it restricts Mother's ability to expose the child
to her boyfriend. Mother may at any time petition the court to have this restriction
modified and Mother's agreement to allow this restriction in this order shall not be
deemed to be an admission by Mother at any later hearing that the presence of a
boyfriend when she is enjoying custody with the minor child in any way has a
negative impact on the minor child.
BY THE C T,
cc: Jacqueline Verney, Esq. - /»L, 9/i6?yy
Thomas S. Diehl, Esq. " -? ??
SANDY S. SMITH,
Plaintiff
v
DONALD E.HAWBAKER,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-3780 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Kayla Marie Hawbaker, bom March 1, 1988.
2. A Conciliation Conference was held on September 10, 1999, with the following individuals
in attendance:
The Mother, Sandy S. Smith, with her counsel, Thomas S. Diehl, Esquire; and the Father,
Donald E. Hawbaker, with his counsel, Jacqueline Verney, Esquire.
3. The parties agree to the entry of an order in the form as attached.
Al?jq7
DATE
Custody Conciliator
fife: Smith Sandy .. Petition for modification tjb January 24, 2000
SANDY S. SMITH,
Plaintiff/Petitioner
VS.
DONALD E. HAWBAKER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3780 CIVIL
IN CUSTODY
ORDER OF COURT
AND now, this day ofb 2000, upon consideration of the
attached Motion, it is hereby directed that the parties and their respective counsel appear before
t t the
conciliator, at -%e r(Sk'p(wo CC) hrmpa on the day of , 2000, at t o '. 30 o'clock . m. for a
pre-hearing custody conference. At s ch 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. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
For the Court,
By:
Custody ctha?r (L;ihN
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.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply
with the Americans with Disabilities 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.
By the Court,
I
file: Smith Sandy .. Petition for modiflaation tJb January 24, 2000
SANDY S. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - LAW
NO. 99-3780 CIVIL
DONALD E. HAWBAKER,
Defendant/Respondent IN CUSTODY
PETITION FOR MODIFICATION
NOW COMES SANDY S. SMITH, by and through her counsel, Flower, Flower & Lindsay,
and petitions this Honorable Court as follows:
1. The parties hereto are the parents of a daughter, Kayla Marie Hawbaker, born
March 1, 1988.
2. This Honorable Court entered an Order for custody of the child on September 14,
1999, after a conciliation. A copy of the Court's Order is attached hereto as Exhibit "A".
3. The Petitioner has obtained an apartment and seeks modification of the Court's
Order in the following particulars:
A. Petitioner seeks shared physical custody of the child.
B. Petitioner seeks a restriction that the Respondent would not be under the
influence of alcohol when the child is in his presence. This restriction is in
addition to that contained in Paragraph 7 of the present Order.
C. Petitioner seeks custody of the child at any time when she is not working
and Respondent is working.
file: Smith Sandy .. Petition for modification tjb January 24, 2000
D. Petitioner seeks two weeks of vacation per year and a holiday schedule set
out with particularity.
WHEREFORE, Petitioner prays this Honorable Court to modify its Order of September 14,
1999.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
Carlisle, PA 17013
(717) 243-5513
file: Smith Sandy .. Petition for modification tjb January 24, 2000
I, the undersigned, hereby verify that the statements made herein 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.
?.cl ?? Juu,?v
Sandy S. Smith
Date:
SEP 14 199V
SANDY S. SMITH,
Plaintiff
IN TI IF COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD E. HAWBAKER,
Defendant
NO. 99-3780 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ,Lj?day of September, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Sandy S. Smith, and the Father, Donald E. Hawbaker shall enjoy
shared legal custody of Kayla Marie Hawbaker, born March 1, 1988.
2. The Father shall enjoy primary physical custody of the minor child.
The Mother shall enjoy periods of temporary physical custody of the minor child as
follows:
A. For eight days (8) per month on the days Mother is off of work. Ott
the following month, it shall be for six (6) days so that Father's
weekend off from work shall be a time that Father shall enjoy
custody of the minor child. Mother shall exercise custody with the
minor child such that it will not be in the presence of her current
boyfriend. Additionally, in the event Mother is not available to care
for the child during her times of custody, she shall first contact the
Father to see if the Father is available to care for the child before
taking the child to the matemal grandparents.
4. For the one week per month when the Father is working night shift, the Father shall
use the matemal grandparents to provide childcare for the minor child. During this
time, the Mother shall have the opportunity of enjoying custody with the minor
child.
5. The Mother shall always have custody of the child on Mother's Day. The Father
shall always have custody of the minor child on Father's Day, with this provision to
supercede any other provision of this order.
6. The parties shall work out an arrangement to handle major holidays for exchange of
or sharing of custody depending upon the parties work schedule.
EXHIBIT
o R"
7. Neither party shall consume alcohol while in the presence 011he minor child
8. This is a temporary order in so far as it restricts Mother's ability to expose the child
to her boyfriend, Mother may at any time petition the court to have this restriction
modified and Mother's agreement to allow this restriction in this order shall not be
deemed to be an admission by Mother at any later hearing that the presence of a
boyfriend when she is enjoying custody with the minor child in any way has a
negative impact on the minor child.
ny THE COURT,
cc: Jacqueline Verney, Esq.
Thomas S. Diehl, Esq.
TRUE Cr p'! FltrflA RECORD
In T sl;Mny x"11 . 1, 1 L:r,! wan set My hand
dud Ilia scat of s iid Court at Carlisle, Pa.
This .... N A. (lay of --44 19,0..
PIS} , ...?:? ..... .<,r?«ru ..............
P- Prothonotary
SANDY S. SMITH,
Plaintiff
DONALD E.HAWBAKER,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
NO.99-3780 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
M ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submi!s the following report:
L. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Kayla Marie Hawbaker, born March 1, 1988.
2. A Conciliation Conference was held on September 10, 1999, with the following individuals
in attendance:
The Mother, Sandy S. Smith, with her counsel, Thomas S. Diehl, Esquire; and the Father,
Donald E. Hawbaker, with his counsel, Jacqueline Vemey, Esquire.
3. The parties agree to the entry of an order in the form as attached.
D q 2-"
DATE Hubert X. Gilroy, Esquir
Custody Conciliator
file: Smith Sandy.. Petition for modification tjb February 2, 2000
SANDY S. SMITH,
Plaintiff/Petitioner
Vs.
DONALD E. HAWBAKER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3780 CIVIL
IN CUSTODY
CERTIFICATE OF SERVICE
AND now, this day of 2000, I, Carol J.
Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LIN Y, P.C., Attorneys, hereby certify
that I served the within Petition for Modification this day by depositing same in the United States
Mail, First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Jacqueline M, Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
c /
Carol J. Lindsay, Esquire
I D # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
SANDY S. SMITH IN'TI IE C'OUR'T' OF COMMON PLEAS OF
PLAIN'T'IFF . C'tIMBI;It.f.AND COt1N'I'Y, PI NNSYI.VANIA
V. 99-3780 CIVIL ACTION LAW
DONALD E. HAWBAKER
DEFENDANT
IN CUS'T'ODY
ORDER OF COURT
AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 06, 2003 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 hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy. 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 ONC'E. IF YOU DO NOT
HAVE AN KITORNEY OR CANNOT AFFORD ONE, (i0 TO OR TELEPTIONE TFIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL KELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle. Pennsylvania 17013
'T'elephone (717) 249-3166
'.; r'..
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i?E?\'?ti`'LV?e?la1
9
SANDY S. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 99.3780 CIVIL TERM
DONALD E. HAWBAKER,
Defendant/Respondent IN CUSTODY
ORDER OF COURT
AND now, this day of 2003, upon
consideration of the attached Motion, it is hereby directed that the parties and their
respective counsel appear before the conciliator,
on the
day of 2003, at o'clock _ m. 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. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
For the Court,
By:
Custody Conciliator
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
1-800-990-9108
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATroeners-AT•LAW
26 W. High Shen
Carible, PA
AMERICANS WITH DISABILITIES ACT OF 1990
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATT08NEYS•Ar•uW
26 W. High Street
Carlisle, PA
The Court of Common Pleas of Cumberland County, Pennsylvania, is required
by law to comply with the Americans with Disabilities 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.
Date:
By the Court,
J.
SANDY S. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
NO. 99 - 3780 CIVIL TERM
DONALD E. HAWBAKER,
Defendant/Respondent IN CUSTODY
PETITION FOR MODIFICATION
NOW comes SANDY S. SMITH, by and through her counsel, Saidis, Shuff,
Flower & Lindsay, and petitions this Honorable Court as follows:
1. The parties hereto are parents of child, Kayla Marie Hawbaker, born
March 1, 1988.
2. On May 4, 2000, this Honorable Court entered an Order, after
conciliation, calling for shared legal custody of Kayla and a schedule of periods of
partial custody between the parties.
3. Since entry of the Court's Order, circumstances have changed so that it
is in the child's best interest to reside primarily with Petitioner for the following
reasons:
A. Petitioner can provide a more structured and safe environment
for the child.
SAIDIS B. Although the parties share physical custody, Petitioner is the
SHUFF, FLOWER
& LINDSAY
A77iMI YPAMAW primary caregiver for the child.
26 W. High Street
Carlisle, PA C. The child is now a freshman at Carlisle High School and her
educational interest is served by residing with Petitioner.
WHEREFORE, Petitioner prays this Honorable Court to enter an Order
providing primary physical custody of the child to Petitioner.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
Ar19RKNEMM MAW
26 W. High Street
Carlisle, PA
By
26 West High Street
Carlisle, PA 17013
(717) 243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein 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.
Sandy S. Smith
Date: ?;1-1 -7'U3
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTURNM-AT- AW
26 W. High Street
Grllele, PA
SANDY S. SMITH,
Plaintiff/Petitioner
vs.
DONALD E. HAWBAKER,
Defendant/Resoondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3780 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
AND now, this
day of
2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Petition for Modification this
day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIOSNEYS-AT-LAW
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
Carol J. Lindsay, Esquire
ID# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
MAY -3
Imf
SANDY S. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
DONALD E. HAWBAKER, : NO.99.3780 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this q day.of _ , 2000, upon consideration of the attached Custody
Conciliation Report, it is orde red and as follows:
1. This Court's prior Order of September 14,1999 is vacated.
2. The Mother, Sandy S. Smith, and the Father, Donald E. Hawbaker, shall enjoy
shared legal custody of Kayla Marie Hawbaker, born March 1, 1988.
3. Physical custody of the child shall be handled as follows:
A. Mother shall have the following times of physical custody with the
minor child during a 28 day timeframe:
1. On her alternating weekends off work, fiom Friday
after school or 3:00 pm. in the summer until Monday
at 7:00 p.m.
2. On the other alternating long weekend fiom work,
from Friday at 3:00 pm. or after school mail Sunday
at 9:00 am. and from Monday at 9:00 am. until
Wednesday at 6:30 am.
3. During the week when Mother works from 4:00 pm.
until midnight, fiom Saturday at 9:00 am. until
Monday at noon.
4. Following Mother's 4:00 -12:00 shift and before her
12:00- 8:00 shift, Thursday from 9:00 am. or after
school until 7:00 p.m. on Friday.
5. When Mother is working the 8:00-4:00 shift, from
Thursday at 4:30 p.m. until the following Thursday at
3:30 p.m.
B. The Father shall have physical custody of the minor child at all other
times that Mother does not have custody as set forth in Paragraph 3A
above, subject to the provisions set forth below with respect to
holidays and other matters.
4. Each parent shall have two (2) nonconsecutive weeks of vacation with the minor
child during the time they are off work. The parents shall give at least thirty (30)
days written notice to the other parent as to when they intend to exercise this
vacation.
5. The Father shall have custody of the minor child on Father's Day and the Mother
shall have custody of the child Mother's Day with the timeframe being from 9:00
am. until 7:00 p.m.
6. The parties will agree between themselves to work out an arrangement whereby they
share custody of the minor child on Thanksgiving, Christmas and Easter.
7. The parties shall share custody of the minor child on her birthday or, if that is not
possible, on the day before or day after the child's birthday.
8. It is anticipated dint the work schedule of the parties may change in the future. At
the time of such change, the parties shall work between themselves in an effort to
reach an agreement on a custody schedule to accommodate each parties respective
work schedule. The custody arrangement in the future should provide for the
Mother having fourteen (14) overnights in the first month and thirteen (13)
overnights in the second month, with the successive months handled under the same
schedule. A month for purposes of this custody order shall be defined as a 28 day
four week cycle.
9. In the event either party is unable to provide care for the child during their scheduled
custody for a period of at least two (2) hours or more, they shall first contact the
other parent and give that parent the opportunity to provide care. If the other parent
cannot provide the care, the maternal grandmother shall be given the first option
4 - with the paternal grandmother being given the second option.
10. The child shall enjoy liberal telephone contact with the noncustodial parent.
11. Absent an agreement to the contrary, transportation shall be shared with the
receiving parent picking the child up at the other parent's home.
12. Idolher will commit herself to being sensitive to the child's desires with respect to
espeaiog the child to Mother's boyfriend. However, the decision on whether the
I>oyfiiend is present when Mother exercises custody shall be the Mother's alone.
13. Ibis order is entered pursuant to an agreement by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this order by
agreement between themselves, they may do so either verbally or in writing.
However, absent any written modification of this order and in the event of any
disagreement between the parties, this order shall control. Either party may petition
the court to have this order modified if they so desire.
BY THE COURT,
cc: Carol J. Undsay, Esquire
Jacqueline M. Verney, Esquire
TRUE COPY FROM RECCRD
In Tc!itimony whereof, I here unto set my hand
and the segl of said Court at Carlisle, Pa.
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v
Meg 12003,
SANDY S. SMITH,
Plaintiff
VS.
DONALD E. HAWBAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3780 CIVIL TERM
IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, Donald E. Hawbaker, in the
above captioned matter.
Respectfully submitted,
DATE: rJ ?Q\
C)
Wendy J. F. Grel s re
GRIFFIE & AS CIA S
200 N. Hanover Stre
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
'i
U
SANDY S. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
DONALD E. HAWBAKER, : NO. 99-3780 CIVIL TERM
Defendant/Respondent: IN CUSTODY
DEFENDANT/RESPONDENT'S ANSWER TO
PETITION FOR MODIFICATION
AND NOW, this AEL? ?day of May, 2003, comes Defendant/Respondent, Donald E.
Hawbaker, by and through his attorney, Wendy J. F. Grella, Esquire of Griffie & Associates, and
respectfully avers the following:
1. Admitted.
2. Admitted.
3. Denied. The averments set forth in paragraph 3 are denied. It is averred rather that,
the best interest and permanent welfare of the child will be served by maintaining the
status quo of shared legal custody and abiding by the scheduled periods of partial
custody shared between the parties; OR allowing Defendant/Respondent (hereinafter
referred to as "Father") additional periods of physical custody for the following
reasons:
a. Denied. The averments of paragraph 3a are specifically denied. It is
averred that prior to the May 4, 2000 Order of Court, Father had primary
physical custody of the minor child. Further, since entry of the May 4,
2000, Order of Court, which was entered into by agreement of the parties,
Father has taken steps to continuously improve his life as well as that of
his daughter. In addition, Father moved from an apartment to a three
bedroom townhouse located in Carlisle, Pennsylvania. Also, Father has
future plans to marry his fiancde who is the mother of a six year old
daughter. This would provide Kayla with a step-sister.
b. Denied. The averments of paragraph 3b are denied. It is averred rather
that Mother and Father currently provide the same amount of care for the
child.
C. Denied. The averments of paragraph 3c are denied. Both Mother and
Father live in the Carlisle Area School District and Kayla has flourished
under the current Order of Court. Further, she is an "A" student at
Carlisle High School and is involved in the band. Additionally, to keep
stability in the child's life, Father occasionally takes the child to Mother's
house to ride the school bus. Also, Father could make Kayla ride the bus
from his home to school but Kayla prefers to ride this bus so Father drives
an additional 20 minutes to accommodate Kayla.
NEW MATTER
4. Paragraphs 1 through 3c of Defendant/Respondent's Answer are incorporated herein
by reference as if set forth in their full text.
5. Petitioner fails to set forth any valid reason to necessitate a change in the current
Order of Court and further fails to cite the fact that Father filed for child support
which resulted in Plaintiff/Petitioner paying him $400.00 per month in child support.
6. It is Father's understanding that mother works the swing shift at PPG and that his
young teenage daughter may be home alone overnight.
7. It is Father's belief that mother lives with her boyfriend, Kayla, and the boyfriend's
two children (when he has physical custody of them) in a two bedroom house which
Father does not believe is appropriate for his daughter.
8. Father believes and therefore avers that Mother has made other inappropriate
decisions that could adversely affect the parties' child such as allowing Mother's
female relative, who was recently released from jail, to reside with her for
approximately one month.
WHEREFORE, Father respectfully requests Your Honorable Court grant an Order of
Court maintaining the status quo or modify the existing Order of Court and grant Father
additional periods of physical custody of Kayla Hawbaker.
Date: 1 2QQ?1-)
Respectfully submitted,
Wendy J. F. Gr a, E i
Attorney for ejenda t/
GRIFFIE & A CI
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: j -l6'03 17 ?o. l?? ??
DONALD E. HAWBAKER, Defendant/Respondent
Il N
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JUN 1 0 2003 Ii
SANDY S. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
DONALD E. HAWBAKER, : NO. 99-3780 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this / I "I day of June, 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this court's prior order of May 4, 2000
shall remain in effect subject to the following:
1. The parties shall submit their minor child and, if requested by the evaluator,
themselves to an evaluation of limited nature. Legal counsel of the parties
shall select the evaluator. Costs of the evaluation shall be split equally
between the parties, subject to any reduced costs on any parties insurance.
Upon the conclusion of the evaluation and if the parties are unable to reach an
agreement at that point, legal counsel for the parties may contact the
conciliator directly to schedule a custody conciliation conference via a
telephone conference call with the attorneys and the conciliator.
CO ,
J.
Edward E. Guido
cc: ??arol J. Lindsay, Esquire 71
,/?endy J. F. Grella, Esquire
d-
RkS
ota•i?-cb
SANDY S. SMITH,
Plaintiff
v
DONALD E. HAWBAKER,
Defendant
Prior Judge: Edward E. Guido
IN THE. COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3780 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), 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:
Kayla Marie Hawbaker, born March 1, 1988.
2. A Conciliation Conference was held on June 6, 2003, with the following individuals in
attendance:
The Mother, Sandy S. Smith, with her counsel, Carol J. Lindsay, Esquire; and the
Father, Donald E. Hawbaker, with his counsel, Wendy J. F. Grella, Esquire.
3. The parties agree to the entry of an order in the form as attached.
66 ?
DA
Hubert X.
Custody C
SANDY S. SMITH,
Plaintiff/Petitioner
Vs.
DONALD E. HAWBAKER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3780 CIVIL TERM
IN CUSTODY
ORDER OF COURT
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
AND NOW, this Zoo day of ?yt,,.? , 2003, upon
consideration of the within Stipulation of the Parties, the terms of said Stipulation are
hereby made an Order of Court.
v n?
D\P r
By the Court,
J.
03 mm 20 nh H: 14
cuwPENNSYIVANIA
SANDY S. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 3780 CIVIL TERM
DONALD E. HAWBAKER,
Defendant/Respondent IN CUSTODY
STIPULATION OF THE PARTIES
The parties hereto stipulate as follows:
1. They are the parents of Kayla Marie Hawbaker, born March 1, 1988.
2. On April 17, 2003, Sandy S. Smith, hereinafter Mother, filed a Petition
to Modify the Court's Order of May 14, 2000, and on May 19, 2003, Donald E.
Hawbaker, hereinafter Father, filed an Answer resolving their outstanding issues for
the sake of their child.
3. The parties will share legal custody of Kayla.
4. Mother shall have primary physical custody of Kayla, and Father shall
have times of partial custody of Kayla as the parties and Kayla can agree.
5. The parties agree that the terms of this Stipulation may be entered as
an Order of Court.
6. Upon entering the terms as a Court Order, Mother will petition the Court
SAIDIS to terminate her obligation of child support.
SHUFF, FLOWER
& LINDSAY 7. Mother will not seek child support from Father. The parties understand
AWONNEYPAVIAW
26 W. High Street
Carlisle, PA that the right to child support is the child's right, and that the current state of the law is
such that parents cannot compromise their children's right to support. Nevertheless,
it is the parties' intention to make this agreement, and in particular, Mother hereby
undertakes that she will not seek child support from Father.
8. Mother is represented by Carol J. Lindsay, Esquire. Father was
represented in the Petition for Modification filed by Mother by Wendy Grella, Esquire.
Father has advised Mother and her counsel that he is no longer employing Ms.
Grella. Father understands, however, that he has the right to review the terms of this
Agreement with counsel of his choice.
Witness:
rAa
Sandy S. Smith
Date:_U?\?' 3
19 1?ffE
Donald D. Hawbaker
Date:_ (Q-VI-03
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Shreel
Carlisle, PA
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JUN 18 2003
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