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HomeMy WebLinkAbout07-5164 THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SBIREMANSTOiON, PA 17011 (717) 731-1461 THOMAS R. AOBBS, II, Plaintiff v. MEGANN M. HOBBS, Defendant . IN TAE COURT OF COITION PLEAS . CTJMBERLAND COUNTY, FENNSYLVANIA . NO. 07- .SIG`/ CIVIL TERM CIVIL ACTION - LAW . CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Thomas R. Hobbs, II residing at 1101 Lindham Court, Apartment 809, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Megann M. Hobbs who resides at 17 Valley View Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks legal custody and partial physical custody of the following children: PRESENT RESIDENCE ~ Ashley Hobbs 17 Valley View Drive 02/24/98 Mechanicsburg, Sydney Hobbs 17 Valley View Mechanicsburg, Landon Hobbs 17 Valley View Mechanicsburg, The children were born in wedlock. PA Drive 02/24/98 PA Drive. 02/24/98 PA The children are presently in the physical custody of Megann M. Hobbs who resides at 17 Valley View Drive, Mechanicsburg, Pennsylvania. The children have resided with the following persons and at the following addresses: person Address Date Mother 17 Valley View Drive 01/07 - present Mechanicsburg, PA Mother & father 17 Valley View Drive 1997 - 01/07 Mechanicsburg, PA The mother of the children is Megann M. Hobbs who currently resides at 17 Valley View Drive, Mechanicsburg, Pennsylvania 17050. She is married. The father of the children is Thomas R. Hobbs, II who currently resides at 1101 Linden Court, Apartment 809, Mechanicsburg, Pennsylvania 17055. He is married. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with Jennifer Tessier. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons; ~~ Ashley Hobbs Sydney Hobbs Landon Hobbs I~lationshiv Daughter Daughter Son 2 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff can properly care for his children. B. Plaintiff can provide a loving home. C. Plaintiff wants to be a significant part of his children's life. D. Plaintiff will encourage the children to have mutual respect for each parent and place their interests before his own. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable~Court to grant him joint legal custody and partial physical custody of his children, at times determined to be in the children's best interest. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Thomas R. Hobbs, II, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. 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. DATED: ~ f~ V Thomas R. Hob s, II Plaintiff 4 e~ C'~ C~ .~;~ -~ i=V-, z-:-; ~~ ', S ~ .. ? ~, ~, ~' +~. y ev ._,, s~ ~^-__-~ CA J! Fe V~ W CXJ ~!'i ~~..t -st ~~ ~~( r , '. -;#~r ~~; C"~ e THOMAS R. HOBBS, II PLAINTIFF V. MEGANN M. HOBBS DEFENDANT AND NOW, Tbursdsy, Sel it is hereby directed that parties and their at 39 West Main Street, Mechanical IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 07-5164 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT -er 06, 2007 ,upon consideration of the attached. Complaint, active counsel appear before Dawn S. Sunday, Esq. ,the conciliator, PA 17055 on Thursday, October 04, 2007 at 10:30 AM for aPre-Hearing Custody Conference. At sujch conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and farrow 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 pantie I~ to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders ~o the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas ~ with Disabilites Act of 1990. For inforl available to disabled individuals having must be made at least 72 hours prior to conference or hearing. YOU SHOULD TAKE THIS HAVE AN ATTORNEY OR CANN07 FORTH BELOW TO FIND OUT WHE Cumberland County is required by law to comply with the Americans tion about accessible facilities and reasonable accommodations xsiness before the court, please contact our office. All arrangements y hearing or business before the court. You must attend the scheduled PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET tE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ~ ~'~^ ~ ~ ~t~I',4~i~i 6 1.~i`Jr V~j~ ocr i 5 2ou~~+ THOMAS R. HOBBS Plaintiff vs. MEGANN M. HOBBS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5164 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ ` day of o'er ~~" 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas R. Hobbs, II, and the Mother, Megann M. Hobbs, shall have shared legal custody of Ashley Hobbs, born February 24, 1998, Sydney Hobbs, born May 12, 2001, and Landon Hobbs, born June 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 Mother shall have primary physical custody of the Children. 3. Beginning on Friday, October 19, 2007, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:30 until Sunday at 6:00 p.m. In order to promote the Children's emotional wellbeing during the transition period, the Father's first four weekend periods of custody shall take place at the paternal grandmother's residence. In addition, beginning November 4, 2007, the Father shall have custody of the Children two evenings per week, which shall normally take place on Tuesdays and Thursdays, from 5:30 p.m. until 8:00 p.m. The parties shall be flexible in making adjustments to the weekday evening periods of custody to accommodate work schedules. In the event the Father has to work on a Saturday during his custodial period, the Father shall provide as ~~~1~i1 ~~4r~~~ ~'~ ~1~1 ~~ S # .~~~ ~~QZ much advance notice as possible to the Mother and shall make arrangements for either the paternal grandmother or the Mother to provide care for the Children during the period of the Father's unavailability. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In 2007, the Mother shall have custody of the Children from Christmas Eve through Christmas Day at 1:00 p.m. and the Father shall have custody on Christmas Day from 1:00 p.m. unti18:00 p.m. The parents shall cooperate in establishing arrangements for the Children over the Christmas holiday in future years by agreement. B. Thanksgiving/Easter: Unless otherwise agreed between the parties, the Mother shall have custody of the Children on Thanksgiving Day and Easter Sunday at times to be arranged by agreement between the parties. C. Memorial DaY/Independence Day/Labor Day: The Memorial Day and Labor Day holiday periods of custody under this provision shall run from Friday at 5:30 p.m. through the Monday holiday at 6:00 p.m. and the Independence Day holiday exchange time shall be arranged by agreement between the parties. In even numbered years, the Father shall have custody of the Children for the Memorial Day and Labor Day holidays and the Mother shall have custody on Independence Day. In odd numbered years, the Mother shall have custody of the Children for the Memorial Day and Labor Day holidays and the Father shall have custody on Independence Day. In the event the weekend holiday under this provision supersedes the other party's regular weekend period of custody, that party shall have a makeup weekend period of custody immediately following the holiday or as otherwise agreed between the parties so that the regular alternating weekend schedule can resume. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody of the Children for Father's Day. E. Parents' Birthdays: Each parent shall be entitled to have custody of the Children for dinner on his or her birthday each year, with the times to be arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have uninterrupted periods of vacation custody with the Children each year as follows: Two (2) nonconsecutive weeks in 2008, three (3) nonconsecutive weeks in 2009 and four (4) nonconsecutive weeks in 2010 and thereafter. Unless otherwise agreed, each parent shall schedule his or her weeks of vacation custody under this provision to include that party's regular weekend period of custody. Neither parent shall remove the Children from school for a vacation period of custody except with the agreement of the other parent. 6. The non-custodial parent shall be entitled to have liberal, reasonable telephone contact with the Children, including during vacation periods. 7. The Father shall provide all transportation for exchanges of custody unless otherwise agreed between the parties. 8. Both parties shall refrain from consuming alcohol to excess during periods of custody with the Children and shall ensure that third parties having contact with the Children comply with this provision. 9. Neither party shall smoke cigarettes either in the residence or car when the Children are present. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. Both parties shall ensure that the Children attend all of their regularly scheduled activities during his or her periods of custody. 11. Counsel for either party may contact the conciliator within three (3) months of the date of this Order to schedule afollow-up conciliation conference to address any issues which may arise with regard to the transition period for the Father's weekend periods of partial custody, if necessary. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. 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. BY THE COURT, cc: Thomas D. Gould, Esquire -Counsel for Fathe Jennifer L. Spears, Esquire -Counsel for Motl THOMAS R. HOBBS Plaintiff vs. MEGANN M. HOBBS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5164 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Hobbs February 24, 1998 Mother Sydney Hobbs May 12, 2001 Mother Landon Hobbs June 24, 2005 Mother 2. A custody conciliation conference was held on October 4, 2007, with the following individuals in attendance: the Father, Thomas R. Hobbs, II, with his counsel, Thomas D. Gould, Esquire, and the Mother, Megann M. Hobbs, with her counsel Jennifer L. Spears, Esquire. 3. The parties agreed to entry of an Order in the form as attached. f k:~ ~ g, ~d ~ ~ Date Dawn S. Sunday, Esquire Custody Conciliator io THOMAS R. HOBBS, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5164 CIVIL ACTION LAW MEGANN M. HOBBS IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 07, 2010 at 12:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. 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. ~T'V • / ~ j DF..FF...NDANT Cumberland County Bar Association ~~~ '~~~ ~~~ 32 South Bedford Street Zt,~.c~ru n ~. y . ~ p ti'~i c~.s rK~- I-ec5 -#-o ~. y~i~ copy mG.~~ea --o Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ 5~~. c"y r. o ~: c_`.~ ~, ~ ~ -_ \..~ F-{ _ .~-„C ', _ ~~ -:: -, f l~ THOMAS R. HOBBS, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MEGANN M. HOBBS DEFF,NDANT • 2007-5164 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 07, 2010 at 12:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR, THE COURT, By: /s/ Dawn S. 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. G ~ •' ~ n - ~ • ~ ~~,e \ ~ Cumberland County Bar Association o ' '~+ ' 1] W'*' v 32 South Bedford Street ~-_-, C~O~ Carlisle, Pennsylvania 170]3 ~-} V ~ ^y rj Telephone (717) 249-3166 ~c < ~ ~ 'D-z wr-am; ~ - .r w - ___. r; ~.h r :._ -~.,~ Z b lu `T ,SEP THOMAS R. HOBBS, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-5164 CIVIL ACTION LAW C:n MEGANN M. HOBBS Defendant IN CUSTODY D C0 ORDER OF COURT AND NOW, this ZV day of 2010, upon consideration of the attached Custody Conciliation Report, if is ordered and directed as follows: The prior Order of this Court dated October 18, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Children on alternating weekends from Friday, when the Mother shall bring the Children to the Father's residence between 5:00 p.m. and 5:30 p.m. through Sunday at 8:00 p.m., when the Father shall return the Children to the Mother's residence. In addition, the Father shall have custody of the Children every Wednesday from between 5:00 p.m. and 5:30 p.m. until 8:00 p.m., for which the Mother shall provide all transportation. 3. In every year, the Mother shall have custody of the Children for the Christmas holiday from Christmas Eve at 4:30 p.m. through Christmas Day at 1:00 p.m. and the Father shall have custody at 1:00 p.m. until 8:00 p.m. The parties shall share having custody of the Children over the remainder of the Christmas school break as arranged by agreement. The Father shall notify the Mother in writing, including email correspondence, of the custodial time he is able to exercise over the Christmas school break. In the absence of notice otherwise by the Father by December 1, the Mother may schedule activities for the Children over the holiday school break. 4. In every year, the Mother shall have custody of the Children for the New Year's holiday from New Year's Eve at 4:30 p.m. through New Year's Day at 8:00 p.m. In the event the New Year's holiday falls on the Father's regular period of custody, the parties shall cooperate in rescheduling a make-up period of custody for the Father as soon as possible. 5. The parties shall consult with each other and obtain consent before enrolling the Children in activities that may fall on the other parent's custodial time. 6. The parties shall provide each other with at least 60 days advance notice as to scheduled vacation dates. Vacation periods may be scheduled in blocks less than a full week in duration. The parties shall be flexible and reasonable in making accommodations for the Children's vacation periods in order to maximize the Children's opportunities. 7. In the event a parent is unable to provide transportation personally for an exchange of custody, that parent may make arrangements for a responsible adult familiar to the Children to provide the transportation in his or her place. 8. Within three months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 9. 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. BY THE COURT, Kevin ess J. cc: " T dmas D. Gould, Esquire - Counsel for Father Stephen J. Dzuranin, Esquire - Counsel for Mother (2 g?a8/?v THOMAS R. HOBBS, II Plaintiff vs. MEGANN M.HOBBS SEP 2 7 Z010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-5164 CIVIL ACTION LAW Defendant : IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Hobbs February 24, 1998 Mother Sidney Hobbs May 12, 2001 Mother Landon Hobbs June 24, 2005 Mother 2. A custody conciliation conference was held on September 17, 2010, with the following individuals in attendance: the Father, Thomas R. Hobbs, II, with his counsel, Thomas D. Gould, Esquire, and the Mother, Megann M. Hobbs, with her counsel, Stephen J. Dzuranin, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator