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HomeMy WebLinkAbout07-4984KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff MATTHEW HUNDLEY : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PA vs. NO. 07- Y 9 p`1 ~ccn-! ~ JESSICA CHRISTINE, :CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Matthew Hundley, residing at 37 Essex Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Jessica Christine, believed to be residing at 31 Fairmont Avenue, Wellsville, Pennsylvania 17019. Defendant's last known employment was at the Summit Restaurant located at 670 Yorktown Road, Lewisberry, Pennsylvania 17339. 3. Plaintiff seeks shared legal and primary physical custody of the following child: NAME PRESENT RESIDENCE AGE Raeleigh Taylor Hundley 37 Essex Road 4 years Camp Hill, Pennsylvania D.O.B. 7/10/2003 4. Raeleigh Taylor Hundley (hereinafter "child") was born out of wedlock. 5. The child is presently residing with the Plaintiff. 6. During the life of the child, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Matthew Hundley Jessica Christine Geny Conway (child's great-grandmother) 37 Essex Road Camp Hill, PA Birth to Present 7. The mother of the child is Jessica Christine, believed to be currently residing at 31 Fairmont Avenue, Wellsville, Pennsylvania 17019. She is not married. 8. The father of the child is Matthew Hundley currently residing at 37 Essex Road, Camp Hill, Cumberland County, Pennsylvania 17011. He is not married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME Gerry Conway Raeleigh Taylor Hundley RELATIONSHIP to PLAINTIFF Grandmother Daughter 10. The relationship of Defendant to the child is that of Mother. It is not known with whom the Defendant currently resides. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared legal and primary physical custody of the child. 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child has been living with the Plaintiff since birth in the same home. The child's emotional and physical well-being will be nurtured if this relationship and living arrangement continues. (b) Defendant has left the residence of the child and has been living a nomadic lifestyle staying in different places every night. Defendant has no stability and cannot provide an appropriate environment for the child, which will cause the child to suffer immediate and irreparable harm. (c) Defendant is regularly abusing alcohol and engaging in recreational drug use, and has been under the influence on several occasions while the child has been under her care. (c) Plaintiff is able to provide a stable home and emotional environment for the child; 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. 15. 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. 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 & ASSOCIATES, LLC By: - Lesley J e ,Esq. Dated: c~S/i ~ 0 °7 VERIFICATION I, Matthew Hundley, the Plaintiff in this matter, have read the foregoing Custody Complaint. I verify that my averments in this Complaint 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: ~~ ~`"~` n~l `EI:. ~ N c ~° `? ~ -O v r,,~ , ; _T ; ~ a o - ~ - _ ~~ -;, ~; i b MATTHEW HUNDLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' ~ 2007-4984 CIVIL ACTION LAW JESSICA CHRISTINE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 27, 2007 ,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 Wednesday, September 26, 2007 at 1:00 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. Al] 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: /s1 Dawn S. Sunda 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 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, Pennsylvania 17013 Telephone (717) 249-3166 -p,, ~ ~ ~ ~ ~~ ~J ~ LpBC-~ Z -~.r ~~''itk'i~' j,1~f ,a~i,t ~r `L: A.lf~f`i~: ` v' ~:'~`'~~~ 1. ~ ~ ~n?~,l ~~ ~~l' L~U~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MATTHEW HUNDLEY Plaintiff, vs. JESSICA CHRISTINE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-4984 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Matthew Hundley, Plaintiff, and states that service of the Custody Complaint and Order in this matter was made by him upon Defendant, Jessica Christine, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1516, Return Receipt Requested on August 30, 2007, to her mailing address, at 31 Fairmont Avenue, Wellsville, PA 17019, which mail was received by Defendant on September 5, 2007, 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 mailed to Defendant. // ESL~J. ~EAM, Esq. ,ttorn for Plaintiff Shane B. Kope, Fsq. ^ Jacob M. Jividen, Fsq. ^ Lesley J. Beam, Fsq. K O P E ASSOCIATES I.~1~' C)PPICI;S LLC VIA REGULAR AND CERTIFIED MAIL jessica Christine 31 Fairmont Avenue Wellsville, PA 17019 Re: Handley v. Christine No. 07-4984 in Custody Dear Ms. Christine, August 30, 2007 I represent Matthew Handley in the above referenced matter for custody. Enclosed and served upon you is the Complaint in Custody and Order of Court scheduling the Pre-Hearing Custody Conference filed 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 the Pre-Hearing Custody Conference has been scheduled for Wednesday, September 26, 2007 at 1:00 pm at 39 West Main Street, Mechanicsburg, PA 17055. 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 by Sheriff at your place of residence. If you have any questions, please #eel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Handley. Thank-you for your kind attention to this matter. Sincerely, Kope soc' t LLC ley .. ea ,Esq. Enclosure c: Matthew Handley Smart Representation 466o Trindle Road ^ Suite zoi ^ Camp Hill, PA i~oii P 7~7.76i.7573 ^ F 717.761.757z ^ kopelaw.com ~~, ^~a ~,. ~,. ~ ~ !,+., ' 7 y'. ~~ Ll '~`~ + r~ ,'T, ~~ • ~ iii . . ,~ ocr o~, MATTHEW HUNDLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4984 CIVIL ACTION LAW JESSICA CHRISTINE Defendant IN CUSTODY ORDER OF COURT AND NOW, this '~ib day of ~~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jessica Christine, and the Father, Matthew Handley, shall have shared legal custody of Raeleigh Taylor Handley, born July 10, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Father shall have primary physical custody of the Child. 3. Pending the follow-up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Mother shall have custody of the Child every week, beginning Saturday, October 20, 2007, on Tuesdays from between 2:30 p.m. and 3:00 p.m. through 7:30 p.m., Thursdays from 10:00 a.m. until 5:00 p.m., and Saturdays from between 2:30 p.m. and 3:00 p.m. until 7:30 p.m. Unless otherwise agreed between the parties, the Mother shall pick up the Child at the Father's residence at the beginning of her periods of custody and the Father shall pick up the Child at the Mother's residence at the end of the Mother's periods of custody. Also pending the follow-up conciliation conference, the Mother shall ensure that her friend, Shannon, is not present during the Mother's periods of custody with the Child. 4. Unless the parties establish other custody arrangements for holidays, the parties shall share having custody of the Child on holidays in 2007 as follows: A. Thanks ice: In 2007, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. unti13:00 p.m. and the Mother shall have custody from 3:00 p.m. unti19:00 p.m. B. Christmas: In 2007, the Father shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Mother shall have custody from Christmas Day at 12:00 noon until December 26 at 12:00 noon. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties shall attend the Seminar for Families in Conflict and Change prior to the follow- up custody conciliation conference scheduled in this Order. 6. The parties and their counsel, if they are represented, shall attend afollow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, January 8, 2008 at 1:30 p.m. for the purpose of reviewing the custody arrangements. 7. 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. 8. This Order is entered pursuant to an agreement of the parties at 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. ~ cc: ~e ~ a Christine, Mother esley J. Beam, Esquire -Counsel for Father V t~ ~ ^~. ~ ..- ' _ C" t'~._ - - ,~ - ,,._ ' t ~ ~, ~ -= ~~:~ - - 4.J ( a MATTHEW HUNDLEY Plaintiff vs. JESSICA CHRISTINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4984 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 Raeleigh Taylor Hundley July 10, 2003 Father 2. A custody conciliation conference was held on October 18, 2007, with the following individuals in attendance: the Father, Matthew Hundley, with his counsel, Lesley J. Beam, Esquire, and the Mother, Jessica Christine, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. D C.~a {~ ~ 9. o~orL_ Date Dawn S. Sunday, Esquire Custody Conciliator MATTHEW HUNDLEY Plaintiff vs. JESSICA CHRISTINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4984 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of 2008, upon consideration of the attached Custody Conciliation Report, it is order and directed as follows: Order. 1. The prior Order of this Court dated October 26, 2007 is vacated and replaced with this 2. The Mother, Jessica Christine, and the Father, Matthew Hundley, shall have shared legal custody of Raeleigh Taylor Hundley, born July 10, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Child. 4. Pending further Order of Court or agreement of the parties, the Mother shall have reasonable liberal periods of custody with the Child either at the Father's residence or at another location, with supervision by a responsible adult selected by agreement between the parties. 5. The Mother may request the scheduling of an additional custody conciliation conference to review the custodial arrangements. 6. 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, cc: Lesley J. Beam, Esquire -Counsel for Father Jessica Christine, Mother e ~,~ m~.~ ~,v/ e ~~ ~' . ,Y ~ "1 / ~ 0 r l-~ £^cL C :Y t t ;. rj. ~...-.~". y. "/> w :;C °'~ r-- ~ d ~ ~ ~V71'1120Ae~ MATTHEW HUNDLEY Plaintiff vs. JESSICA CHRISTINE Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4984 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 Raeleigh Taylor Hundley July 10, 2003 Father 2. A follow-up custody conciliation was held on January 8, 2008, with the following individuals in attendance: the Father, Matthew Hundley, with his counsel, Lesley J. Beam, Esquire. The Mother, Jessica Christine, did not appear for the conference and is not represented by counsel. 3. The purpose of the conciliation conference was to review the arrangements implemented by the prior Order of this Court dated October 26, 2007, (wherein the Father had primary physical custody of the Child and the Mother had partial custody during three (3) afternoons per week) including the concern regarding domestic violence in the Mother's household and the prohibition against the Child having any contact with the Mother's boyfriend, Shannon, while in the Mother's custody. 4. At the follow-up conference, the Father and his counsel advised the conciliator that there was a serious incident of domestic abuse by the Mother's boyfriend against the Mother on New Year's Eve for which Shannon Lombardi was arrested and the Mother was treated at the hospital for severe injuries. The Father indicated that on two (2) occasions prior to that incident, the Mother's boyfriend was in the car during the return of custody to the Father in violation of the terms of the prior Court Order. According to the Father, the Mother continues to defend Shannon Lombardi's conduct and there is no indication that contact with him in the future will be terminated. The Father believes the a Mother's judgment is seriously impaired and that she is unable to provide adequate care and protection for the Child. 5. Based upon the representations of the Father and his counsel at the conference, police documents and the fact that the Mother did not contact the conciliator or appear for the conference, the conciliator recommends an Order in the form as attached providing safeguards for the Child and permitting the Mother to request the scheduling of an additional conciliation conference to review the arrangements. Date Dawn .Sunday, Esquire Custody Conciliator ~t a ~ Euu~ MATTHEW HUNDLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4984 CIVIL ACTION LAW JESSICA CHRISTINE Defendant IN CUSTODY ORDER AND NOW, this 27th day of March, 2008 ,the conciliator, having scheduled multiple follow-up conciliation conferences at the Mother's request, for which the Mother did not appear on the scheduled date and, as no further requests for the scheduling of a conference are pending, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator