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HomeMy WebLinkAbout07-4045KOPE Sz ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam kopelaw.com Attorney for Plaintiff BENJAMIN BISHOP, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07- goys' ~~.~' JANINE CRISPIN, :CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Benjamin Bishop, residing at 204 Wood Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Janine Crispin, residing at 76 E. Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks full legal and physical custody of the following female child: NAME PRESENT RESIDENCE AGE Seiba Bishop 204 Wood Street 3 1/2 years Camp Hill, PA 17011 D.O.B. 8/19/03 4. Seiba Bishop (hereinafter the "child") was born out of wedlock. 5. The child is presently residing with the Plaintiff at 204 Wood Street, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Since her birth, the child has resided with the following persons and at the following addresses: PERSONS Benjamin Bishop Jahjuana Jackson Leiloni Bishop Benjamin Bishop Janine Crispin Jahjuana Jackson Leiloni Bishop ADDRESSES 204 Wood Street Camp Hill, PA 17011 839 Old Silver Springs Rd Mechanicsburg, PA DATES Feb. 1, 2007 -present Nov. 2004 -Feb. 1, 2007 7. The mother of the child is Janine Crispin, currently residing at 76 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania. She is single. 8. The father of the child is Benjamin Bishop, currently residing at 204 Wood Street, Camp Hill, Cumberland County, Pennsylvania. He is single. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Seiba Bishop Child Leiloni Bishop (periodically) Child 10. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP John Fuse Boyfriend 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 13. Plaintiff is requesting full legal and physical custody of the child. 14. Plaintiff is requesting custody of the child due to the very unstable and transient lifestyle of the Defendant. Since moving out of the residence shared by the parties the Defendant has moved into and out of homeless shelters and does not stay at any one residence for long periods of time. 15. There is also a fear that the Defendant will take the child from the Plaintiff and flee to the United States Virgin Islands where the Defendant is originally from and where the natural father of her other child lives. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child's emotional and physical well-being will be continued if she maintains a loving and consistent relationship with the Plaintiff, who has been the primary caregiver of the child since birth; (b) Plaintiff is able to provide a stable home and emotional environment for the child; (c) Defendant is not able to provide a stable home environment as she maintains a very transient lifestyle; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and legal custody of the child. Respectfully Submitted, Dated: ~ ~ 0'7 KOPE & AS By: TES, LLC Esq. ' FROM :BEN FAX N0. :7176915770 Jun. 29 2007 10:18AM P1 e5r2alza~~ 1b:'d'r %17-r6i-757: i<~~'t a ~,SaJ~.AIE 1'AraG aaIBE VERIFICATI„ Oil 1, 8enjemirt Bishop, the Plaintiff in this matter. have rid the fonagoing Complaint. 1 verify that rtny averrrtents in this Cpmplairrt aro true and correct and based upon my personal knowledge. 1 understand that any false statements herein aro mode subject to the penalties of ~8 Pa. C.S. 4904 relating tp unswom falsifications to autl~oritias. th~ted: ,_ O 7' 7' ' In Bis b9 (~ T O vl i.,-_ (T~~ 8 )~ _ ~ ~ 44 ~ ~ ~h ~.~ °' i a 1'9 -y, BENJAMIN BISHOP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~' 07-4045 CIVIL ACTION LAW JANINE CRISPIN IN CUSTODY DF,FF..,NDANT ORDER OF COURT AND NOW, Thursday, July 12, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland Counter Courthouse, Carlisle on ____Thursday, August 02, 2007 at 2:00 PM for aPre-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 alt 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/ ohn .Man an r. 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TU 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 '~~ ~~ Iy~~i ~ ~ - `~/p'ry` iJ KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam kopelaw.com BENJAMIN BISHOP, Plaintiff, vs. JANINE CRISPIN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4045 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Custody Complaint in above referenced matter in order for service to be perfected. Q~ DAT ~~SLEY~(1. BEAM, ESQUIRE 4 60 ndle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Supreme Court ID# 91175 ~ ~ `~ `~. ~ ~~~~ _ . ~ O ~~k ~ S ~;^ ~ ~ ,,,~ " i a ~~~:~ ~ ~~ ~ ~ ~ , ~~~ ~' '~, KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kogelaw.com BENJAMIN BISHOP, Plaintiff, vs. JANINE CRISPIN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4045 CIVIL ACTION -LAW IN CUSTODY MOTION FOR SERVICE BY SPECIAL ORDER PURSUANT TO Pa.R.C.P. 1930.4(a)(3) and Pa.R.C.P. 430(a) AND NOW comes the above-named Plaintiff, Benjamin Bishop, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Motion for Service by Special Order pursuant to Pa.R.C.P. 1930.4(a)(3) and Pa.R.C.P. 430(a): 1. On or about July 5, 2007, Plaintiff, through counsel, filed a custody action against Janine Crispin. A copy of the complaint is attached as Exhibit "A". 2. Said custody action sought full physical and sole legal custody of the parties' minor daughter, Seiba Bishop, born August 19, 2003. 3. At the time this complaint was filed, Defendant's last known address was 76 E. Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. At the time this complaint was filed, Plaintiff informed Defendant personally that he wanted a custody order pertaining to the parties' daughter. 5. Subsequently, and prior to accomplishing service upon Defendant, Defendant left the Commonwealth on August 8, 2007, leaving the parties' daughter, the subject of the complaint, in Plaintiffs custody. 6. Defendant has not returned to the Commonwealth since that time to Plaintiffs knowledge. Defendant has not made efforts to visit or see Plaintiff or the child. Defendant has not spoken with Plaintiff or child since she left the Commonwealth. Defendant has not provided with Plaintiff with any of her contact information. 7. Plaintiff has had sole de facto custody of the child since February 14, 2007; Defendant has made no contributions to the child's physical or financial care. 8. Plaintiff, through counsel, sent a copy of the time-stamped custody complaint and order setting the conciliation, with a letter, to Defendant's last known address by certified and regular mail. The certified mail was returned unclaimed, but the package sent by regular mail was never returned. The certified mail envelope and receipt is attached as Exhibit "B". A copy of the letter sent by regular mail that was never returned is attached as Exhibit "C". 9. Plaintiff, through undersigned counsel, Lesley J. Beam, Esquire, and through third parties, made reasonable investigation as required by Pa.R.C.P. 430 in order to attempt service. Among those efforts: a. Plaintiff was informed by his brother, Nathan Bishop, his friend Jammy Male, and Defendant's mother, Eugenia "Jenny" Crispin, that Defendant was in the US Virgin Islands, in St. Croix, upon leaving Pennsylvania. b. Plaintiff believes, and therefore avers, that Defendant had intentions of returning to St. Croix for a period of time prior to leaving the Commonwealth. Defendant is originally from St. Croix, she and Plaintiff met in St. Croix, and Defendant had family in St. Croix. c. Plaintiff gave copies of the complaint to his brother, Nathan Bishop, and to his friend, Jammy Male, for personal service. Plaintiff was informed by both Nathan and Jammy that neither was able to effectuate service on Defendant as she could not be located on the island. d. Both Nathan Bishop and Jammy Male made efforts over several months to find Defendant and serve the paperwork on her. e. It is believed that Defendant took deliberate steps to avoid these individuals upon learning that Plaintiff was looking for her. By way of further information, Defendant took these steps despite the fact that she had placed another of her biological children in the care of Nathan Bishop, Plaintiff's brother, and then disappeared. Nathan Bishop has no biological connection with this child. f. Plaintiff, through counsel, conducted address and telephone number searches for Defendant through the Internet, but was unable to find information for Defendannt. g. Several months ago, Defendant left a telephone message for Plaintiff informing Plaintiff that she was in Jost Van Dyke of the British Virgin ~ Defendant's third and final biological child has been placed in the care of her mother, on St. Croix. Islands; Defendant's mother, Eugenia "Jenny" Crispin, corroborated that information. However, Defendant's mother has been unable to provide Plaintiff with a current address and Defendant did not give that information. Plaintiff does not have a current telephone number for Defendant; Defendant did not leave her contact information in her telephone message. 10. Plaintiff does have a current address and phone number for Eugenia "Jenny" Crispin, Defendant's mother; her address is PO Box 8320, Sunny Isle, USVI 00823. Jenny Crispin's phone number is 340-692-6281. 11. Plaintiff has been unable to serve Defendant, and her current address is unknown. 12. As a result of the delay in attempting to serve Defendant, Plaintiff, through counsel, has reinstated the custody complaint on March 5, 2008. 13. A conciliator has been assigned to this matter; specifically John J. Mangan, III, Esquire. Attorney Mangan has been contacted by Plaintiff, through counsel, regarding the scheduling and rescheduling of conciliation as a result of the inability to serve Defendant. Attorney Mangan has indicated that he will reschedule the conciliation upon an Order being made on this Motion. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant his Motion and allow Defendant to be served by publication, and/or permit Defendant to be served through Defendant's mother. Respectfully Submitted, KOPE ~ A~50CIAT,~S, LLC gy: ~esley/J./Bdam, Esq. Dated: L1 ~ ( 0 ~ ~,/ VERIFICATION I, Benjamin Bishop, the Plaintiff in this matter, have read the foregoing Motion for Service by Special Order. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: L~ L~ D 7 ~ ~'`~' Benjamin Bishop VERIFICATION I, Lesley J. Beam, Esquire, counsel for Plaintiff in this matter, have read the foregoing Motion for Service by Special Order. I verify that a!I averments in this Motion relating to the actions of counsel are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn fats :~ . Dated: y t O g s to authorities. r ,Esq. r, KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY LD. 91175. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c~kopelaw.com Attorney for Plaintiff BENJAMIN BISHOP, !N THE COURT OF COMMON PLEAS. Plaintiff, . :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. JANINE CRISPIN, :CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER OF COURT AND NOW, this day of , 20Q7, in consideration of the attached complaint, it is hereby directed that the parties and -their respective counsel appear before , .Esquire, the conciliator, at , Pennsylvania, on the day of , 2007, at o'clock _m., for aPre-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. Alt children age five or older may also be present at the conference, but the 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 f ~ ~. ~ -. j 1 The Court of .Common Pleas of Cumberland County 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. You must attend the scheduled conference or hearing. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ~ ~} KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeamna.kopelaw.com BENJAMIN BISHOP, Plaintiff, vs. JANINE CRISPIN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON -PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q~-yo~f5 e w~ I Terrh CIVIL ACTION -LAW ,., o IN CUSTODY c -~- ~,,_; ~j ^,~_ CUSTODY COMPLAINT ~ ~:.. cn - ~• e, ~' ; "~, ~ 1. The- Plaintiff is Benjamin Bishop, residing at 204 Wood Street,mp~-liil ._ Cumberland County, Pennsylvania 17011. 2. The Defendanrt is Janine Crispin, residing at 76 E. Pomfret 'Street, Carlisle, Cumberland County, Pennsylvania 170'F3. 3. Plaintiff seeks full legal and physical custody of the following female child: NAME PRESENT RESIDENCE AGE Seiba Bishop 204 Wood Street 3 1/2 years Camp Hill, PA 17011 D.O.B. 8/19/03 4. Seiba Bishop (hereinafter the °child"} was born out of wedlock. 5. The child is presently residing with the Plaintiff at 204 Wood Street, Camp Hill, Cumberland. County, Pennsylvania 17011. 6. Since her birth, the child has resided with. the followin persons and at the following addresses: 9tl°Y ~. ~ h~t~ ~ttzit ~t my her ..~ of salt ~~ P~, ~~ PERSONS ADDRESSES DATES Benjamin Bishop Jahjuana Jackson Leiloni Bishop Benjamin Bishop Janine Crispin Jahjuana Jackson Leiloni Bishop 204 Wood Street Camp Hill, PA 17011 839 Old Silver Springs Rd Mechanicsburg, PA Feb. 1, 2007 -present Nov. 2004 -Feb. 1, 2007 7. The mother of the child is Janine. Crispin, currently residing. at 76 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania. She. is single. 8. The father of the child is Benjamin Bishop, currently residing at 204 Wood Street, Camp Hill, Cumberland County, Pennsylvania. He is single. 9. .The relationship of Plaintiff to ;the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Seiba :Bishop Child Leiloni .Bishop (periodically) Child 10. The relationship of Defendant to the child is that of Mother. The Defendant can-ently resides with the following persons: NAME RELATIONSHIP John Fuse Boyfriend 11. Plaintiff has not participated as a party in previous .litigation concerning the custody of the child. l 12. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 13. Plaintiff is requesting full legal and physical custody of the child. 14. Plaintiff is requesting custody of the child due to the very unstable and transient lifestyle of the Defendant. Since moving out of the residence shared by the parties the Defendant has moved into and out of homeless shelters and does. not stay at any one residence for long periods of time. 15. There is also a fear that the Defendant will take the child from the Plaintiff and flee to-the United States Virgin !stands where the Defendant is originally from and where the natural father of her other child lives. 16. The best interest and permanent welfare of the child will be served by granting the. relief requested because: (a) The child's emotional and physical well-being will be continued if she maintains a loving and consistent relationship with the Plaintiff, who has been the primary caregiver of the child since birth; (b) .Plaintiff is able to provide a stable. home and emotional environment for the child; (c) Defendant is not able to provide a s#able home environment as she maintains a very transient lifestyle; and. (d) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and legal custody of the child. Respectfully Submitted, KOPE ~ ASS CtATES, LLC BY~ !!/1 Dated: ~ ~ 0'~ U ` i - i . I ~~ FROM ;BBJ FAX NO. :7176915770 Jun. 29 X07 10:SBAM Pi • ~ ., B5l~a/2807 lbs'l7 %17-'161-75?~ i~~ a i~,~;;~y.:AlES P~ d8/8~ VERIFIC~,,Tl~il !, Benjamin Bishop, the Plaintiff in this maker, have road the foragoir~ Complaint. l y that my averments ~ thle Gorn~lairtt ara tnse and caEreot and t~aed u~pcm my personal Imawladge. I uriderstar~d t1-at any tatse statements herein aria made subject to the penalties of 18 Pa C.S. 4904 relating tp unsvhaz- falsific8b'ons to authonhes. ts~d: D T 7 9dn' ~ B __..~. K O • P E 466o Trindle Rd & Suite 2oI ASSOCIATES /''~ ~ESp~s~ 1. A W U F F f (: E S CSIIlP Hlll, PA 17011 y Gj'~ C(l~ 7004 251D afl~7 645 1332 s ~009.4~° r 02 1P 0004500711 JUL 16 2007 MAILED FRAM ZIP CODE 1701 1 i I"+"' E +~ t x'f 3 ~t~ ~~' s~ ice; Janar~e Crispsn GRL~ "rjtF~~~ -~-~ ~. 76 E. Pomfret StrPPt ~~~~~' ~ . ~~~ . Carlisle, PA 1' >~~~ZE~ ~:~~ aE i ~s os1~~1'~~ RETURN TO SENDER UNCLAIMED UNABLE TO FiQR1,JARD E3L: 37C13~PD)+L~31 t 00.21+9-Ot7+0401-17-~5 d--:~ ~:.~~:3~1~ 1i11111,J,illllffllllt31~~1{I~S1l~)f~~Slllil~ll~}!)Jlf~llll!!1 3 ~. r~..,~.l~..e ~' ! x ~-if.~.~n K O P E ASSOCIATES LAW OFFICES LLC VIA REGULAR AND CERTIFIED MAIL Janine Crispin 76 E. Pomfret Street Carlisle, PA 17013 Re: Bishop v. Crispin No. 07-4045 in Custody Dear Ms. Crispin, July 16, 2007 I represent Benjamin Bishop in the above referenced matter for custody. Enclosed and served upon you is the Complaint in Custody and the Order of Court scheduling the Pre-Hearing Custody Conferencefiled-with the Cumberland County Court of Common Pleas. I am sending these papers to you. directly because I have no information that you are represented by an attorney. Please be aware that the Custody Conference is scheduled for Thursday, August 2, 2007 at 2:00 pm at the Cumberland County Courthouse. I am also enclosing an Acceptance of Service for this Complaint and Order. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve: this Complaint at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Bishop. Thank-you for your kind attention to this matter. Sincerely, Kope Associates, LLC ~_ Lesley ,Esq. Enclosures Cc: Benjamin Bishop ,~ ~. ._ ~~ r =-'. . ~, t ,; ._ 466o Trindle Road ^ Suite ao~ o- c > ~ ~,: P '~' .Y•} `C) ~ 4 + ~~„~ R ~ ~ y ~ r ~ .1 fi ~ Q a ~~<<t: ....~ . ..~ ~ ~- '1.v ~ ~ ~ ~~ -.....g ~ ~ ' y W ~ .. ~^ ~ y ~yr y ~ .~ i` ~, ~ .K ~ J ~ y 3 APR 0 8 2008M r BENJAMIN BISHOP, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-4045 JANINE CRISPIN, :CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER q ~ AND NOW, this _ r day of 2008, upon consideration of the within Motion for Service by Special Order Pursuant to Pa.R.C.P. 1930.4(a)(3) and Pa.R.C.P. 430(a) filed by Benjamin Bishop, and good cause appearing therefore, it is hereby ORDERED and DECREED that the Motion for Service by Special Order is granted. Service may be made by: 1. Publishing notice of the complaint and scheduled conciliation in the Cumberland County Law Journal and in a newspaper of general circulation in the county; ~" ~~. 2. Serving a copy of the Complaint and notice of the conciliation upon Defendant's mother, Eugenia Crispin, with an address of PO Box 8320, Sunny Isle, USVI 00823. J. A1.i~~f~~~ rp,,~~,c,~ 1~.Lf~~+E{~r ~.t~~d ~.t. ~f3 • KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717} 761-7573 Ibeam(c.~kopelaw.com BENJAMIN BISHOP, Plaintiff, vs. JANINE CRISPIN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4045 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Benjamin Bishop, Plaintiff, and states that service of the- Custody Complaint, notice scheduling custody conciliation and Petition for Special Service in this matter was made by him upon Eugenia Crispin, mother of Defendant, Janine Crispin, per the Order granting special service, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1981, Return Receipt Requested on April 16, 2008, to her mailing address, at P.O. Box 8320, Sunny Isle, USVI 00823 which mail was received by Defendant on April 24, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mail o Def n nt. LESLE .BEAM, Esq. Attorney for Plaintiff I ~ ~ ~ - , ' ~ • i i ~ Q.. ' • ~ I • • - • I • . o ~, y~ ° ° ° ,mot Rued ~~ r ~- "~ ° a Resnl°tea Delivery Fee (Endorsemerrt aeyuired> ~{~ / ~ -.n ~ Totat Postage & Fees ~ (/ ° ° ,~U G-~ inl i A C'° ~ l s ~ l N tti 3rrimer, App 1~: - ~ 302 0 orfa0e°xlYO °~ _- . . - ----:.... «n, s~~ - - ., , ` i ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, 4 or on the front 'rf space permits. 1. Article Addressed to: ~v~- N ~ ~2LS iP 1 ~/ / O Agent ~ • ^ Addressee B. ived by (Printed ) C. Date of Delivery Is d~ltvery address d'rfferent t>om item 1? ^ Yes K Y S, enter delivery address bebw: ^ No ~ iA ~. CQ _ (3 ©,~ ~.~ as Lt h /~ y ~5 6 'e 3. Service TYPe / 1 ^ Certlfied Mail ^ Facpress Mail Iit s ~ ~ 6 ~ ~ a(3 ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mali ^ C.O.D. 4. Restricted Delivery? (Extra Fee) 2: Art4de"amber 704 251 aoa7 6450 1981 (rra,>sf~~ nnrr, sert~ioe ~aei~ PS Form 3811, February 2004 Domestic Retum Receipt ~atsssoz-mt-~sao C J !"~ ~J . ~" K O P E ASSOCIATES L3~ti OFFICES LLG Shane B. Kope, Esq. ^ Jacob M Jividen, Fsq. ^ Lesley J. Beam, Fsq. Apri116, 2008 VIA CERTIFIED MAIL Eugenia Crispin P.O. Box 8320 Sunny Isle, USVI 00823 Re: Bishop v. Crispin No. 07-4045 in Custody Dear Ms. Crispin, I represent Benjamin Bishop in the above referenced matter far custody. Enclosed and served upon you is the Complaint in Custody, notice scheduling the pre-hearing custody conference and the Petition for Special Service that has been issued in the above referenced matter. The Court has issued an Order allowing this office to serve your daughter, Janine Crispin through you since she is hard to locate. Please be aware that the Custody Conference is scheduled for June 24, 2008 at 9:00 am on the 4cn floor of the Cumberland County Courthouse in Carlisle, PA. Janine Crispin is required to attend. I am also enclosing an Acceptance of Service for this Complaint and notice. Please sign and return in the enclosed self-addressed stamped envelope. If you or Janine has any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Bishop. Thank you for your kind attention to this matter. ~C Cc: Benjamin Bishop Smart Representation 466o Trindle Road ^ Suite zoi ^ Camp Hill, PA i~ou Enclosures USPS -Track & Confirm ~E~~~ R~'Stt~tS Label/Receipt Number: 7004 2510 0007 6450 1981 Status: Delivered Your item was delivered at 9:11 AM on April 24, 2008 in CHRISTIANSTED, VI 00823. _:_ _ Addita~~utsJ D~tttrfs k Aerurn ro USFS.conr t/rwn>s a Track ~ Corr~~t Enter LabeUReceipt Number. ~~ Page 1 of 1 Y Ga ~ t~ca~ic~n Optia~ts Track 8 Confirm by email Get current event information or updates for your item sent to you or others by email. +; Gaa Site Mao Contact Us Forms Gov't Serv;ces Jobs Privacy Policy 1'errns of Use National & Premier Accounts Copyrights 1999-2007 USPS. Alf Rights Reserved. tia FEhR Act EEO `}afa FOiA http://trkcnfrm l .smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 5/2/2008 °c~ ~' 4 ~ :~ ~' ~ ~~i ~_: ~ -Y~ ~' C: ~- r~ C~'~ ~ r~ --~ ~. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(p)koaelaw.com Attorney for Plaintiff BENJAMIN BISHOP, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-4045 JANINE CRISPIN, :CIVIL ACTION -LAW Defendant. IN CUSTODY AFFIDAVIT OF PUBLICATION AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Benjamin Bishop, Plaintiff, and states that publication of the notice of the custody conciliation was made by him in the Cumberland County Law Journal on May 2, 2008 and The Sentinel on April 28, 2008, per the Order granting special service, all in accordance with PA.R.C.P. 412 and 403. Proof of publication from the Cumberland County Law Journal and The Sentinel or true copies thereof are attached hereto and made part hereof. `, ESL . B AM, Esq. Attorn for laintiff PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. ;587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 2, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coy1~e, Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2008 Notary NOSARUl1 SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28; 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland NbTfC1r,JS (~fREBY . radef.r~,.E, Wla«a Iri 5---- ti -fr~,..~.- s, - , Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 29th da,~of April, 2008. Notary Pu ' My commission expires: ~~~/"V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Pudic Carlisle Born, Curttbedarid County My CAmmission Etgares Sept 1.2006 Lames Kleinklaus, Advertising_Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): A~ri128, 2008 COPY OF NOTICE OF PUBLICATION NOVICE CiJV.EN to Defendant, Japing Crispin, that on, July 5, 2007, aritl, i~$;3008,PIafntiff, 9enjashtn 8iahopfiled a Custody,Complair~in 7fiPleasofCumberiand.Gourriy,Pennsylvanifl,Doofcet fior err~Order of Custody Mlnp the paRltas' tt~irtor rtifld, stiaticohstltut8servlc6pursu8ntto~tllre`Ord~oiCoufj. ;Aff{locuments filed ln.this'fnatter may be obtained At ttie - r#?iothonotary's office.. 9~4, 2008 at-9:00 a.m_ on the 4th:Floor of the Cumberland , sae the time and place for tAe oustbdy conc4liaUon of slid >mnference, an effort will be.trlade to resoN9'fhe issues to j~ioibe-~ocomplishAd,forJet7rnsandngROwih~istUlae-tote. ~icl to~enter into a temporary order. Fatlui'e ~ ~ppeair at the. , Gfde grounds for entry" ofi~8~emporary or perrnaneht:ortler. Apr1128, 2008 Member. Pennsylvania Association Of Notaries ~~; ~ ~ ~ ~ ` ~ ~ ~ C , -ra ~ `mac; ~ C ;. r.~ -~ JUN 242008~p -3 BENJAMIN BISHOP, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4045 Civil Term JANINE CRISPIN, . Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this ~~day of June 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: a. Benjamin Bishop shall enjoy sole legal custody of the minor Child, Seiba Bishop, born 8!19/2003. Benjamin Bishop shall have the exclusive right to make all major decisions affecting the Child's general well-being including, but not limited to, all decisions regazding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, Benjamin Bishop shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. Father shall keep Mother advised, within reasonable efforts, of any and all issues regarding legal custody. 2. Physical Custodx: a. Benjamin Bishop shall enjoy primary physical custody of the minor Child, Seiba Bishop, born 8/19/2003. b. Mother shall have visits and contact with the subject Child upon mutual agreement of the parties. In the absence of agreement, the parties may petition this Court for a modification of custody. 3. The non-custodial pazent shall have reasonable telephone contact with the Child. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 5. This Order is entered pursuant to 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. _, .~ 6. When, or if, Mother presents herself to assert custodial rights to her Child, Mother shall not be precluded from having the right to Petition this Court to Modify this custody arrangement. BY CO , J. Cc' esley Beam, Esq., 4660 Trindle Road, Ste 201, Cam Hill, PA 17011 p Janine Crispin, c/o Euginia Crispin, P.O. Box 8320, Sunny Isle, United States Virgin ~,slands 00823 ,/John Mangan, Esq. ~P ~ ~~ m~~ ~,~~ 5~0~ L~ ~QI ~~~ ~~ ~~(' OOOZ J~~ili'iVL.;.~„4,,:w~ Jf1L ~Vi ~^!~~;~~-QTII BENJAMIN BISHOP, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• No. 07-4045 Civil Term JANINE CRISPIN, . Defendant :ACTION 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 are as follows: Name Date of Birth Currently in the Custody of Seiba Bishop 8/19/2003 Benjamin Bishop 2. A Conciliation Conference was held on June 24, 2008 with the following individuals in attendance: The Plaintiff Benjamin Bishop with his counsel, Lesley J. Beam, Esquire The Mother, Janine Crispin, did not appear 3. Plaintiff Benjamin Bishop lives in Mechanicsburg, Cumberland County PA and is the natural Father to the Child Seiba Bishop. 4. Father has been the sale care-giver of the subject Child for a significant amount of time, almost a year and a half. 5. Defendant Janine Crispin is believed to be living in the United States Virgin Islands and is the natural Mother to the Child Seiba Bishop. 6. Mother has had very little and sporadic contact with the subject Child since Mother left for the Virgin Islands and Mother has not informed Father of her exact whereabouts. 7. Multiple Conciliation Conferences have been scheduled and continued due to Father's inability to legally serve Mother with the instant custody complaint. 8. Plaintiff indicates that he does not have a current address or telephone number for Mother. Counsel of Father has obtained Court approval to advertise in regard to notifying Mother of instant custody matter. ., 9. Plaintiff is seeking a custody Order confirming that he has legal and physical custody of the Child. 10. The best interest of the Child would be served by ordering primary physical custody and legal custody to Plaintiff. 11. The Custody Conciliator recommends the entry of an Order in the form as attached. Date: ! Z C~