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HomeMy WebLinkAbout07-5203CHARLES HAWIQNS, Plaintiff v. BRENDA HAWI~TS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.: G ~ - ~ ~ 03 IN CUSTODY CUSTODY COMPLAINT AND NOW, comes Plaintiff by and through his counsel, Andrew H. Shaw, and brings this Custody Complaint: 1. Plaintiff is an adult individual residing at 1243 Claremont Road, Cazlisle, Cumberland County, Pennsylvania. 2. Defendant is an adult individual who resided at 1243 Clazemont Road, Cazlisle, Cumberland County, Pennsylvania until May 19, 2006. 3. Plaintiff seeks custody of the following children (hereinafter "Children"): a. Chazles R. Hawkins, Jr, 1243 Claremont Road, Cazlisle; age 9; b. Joshua A. Hawkins, 1243 Claremont Road, Carlisle; age 6; c. Maddie M. Hawkins, 1243 Clazemont Road, Cazlisle; age 4 4. The children are currently residing with Plaintiff at 1243 Claremont Road, Carlisle, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following address: a. 1243 Claremont Road, Carlisle, Pennsylvania with Plaintiff and Defendant: May 2003 -Present b. Marysville, Pennsylvania with Plaintiff and Defendant: November 2002 -May 2003; c. York Springs, Pennsylvania with Plaintiff and Defendant: 1999 -November 2003 6. Defendant is the natural mother of the children. 7. Plaintiff is the natural father of the children. 8. Defendant filed for divorce with the Potter County Court of Common Pleas on May 8, 2007 at Docket No. 2007-2284. 9. Plaintiff currently resides in the home with only the Children. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the Children. 13. The best interests and permanent welfare of the Children will be served by granting the relief requested because of the following facts: a. Plaintiff has continually provided for Children; b. The children are in the primary custody of Plaintiff. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There aze no other persons known to have or claim a right to custody or visitation of the Children. WHEREFORE, Plaintiff requests this Court award primary physical and legal custody to Plaintiff. Date: Sup. Ct. ID No.: 87371 200 S. Spring Garden Steet Cazlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. harles Hawkins !~" ~r c ~. ~~: ~'' ~ m ' -~ " --{ .. . ~1 C..+1 ~ r t .: i ~+~ ~..r } ... °`-:. .:. ,, ~` V '. ...9dr '~ " ~ A : ~ 9Z ~ y ~ _ . _ o` ~a .. Cn ~. t s CHARLES HAWKINS PLAINTIFF V. BRENDA HAWKINS DEFENDANT AND NOW, Thursday, Septer it is hereby directed that parties and their res at 4th Floor, Cumberland County Courtl for aPre-Hearing Custody Conference. At s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5203 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 2007 ,upon consideration of the attached. Complaint, ive counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, e, Carlisle on Friday, October 12, 2007 at 9:30 AM conference, an effort will be made to resolve the issues in dispute; or ~f this cannot be accomplished, to define and Harrow the issues to be heard by the court, and to enter into a temporary order. All children ale 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 partie 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. FO~t THE COURT, By:I /s/ Hubert X. Grlro Es . Custody Conciliator The Court of Common Pleas f Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For info ation about accessible facilities and reasonable accommodations available to disabled individuals having usiness before the court, please contact our office. All arrangements must be made at least 72 hours prior to ny 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 CANNO ,AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE~E YOU CAN GET LEGAL HELP. j Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ coed ~ 0 ~ I ~!d ~- ~~~ t~QZ CHARLES HAWKINS, Plaintitl' v. BRENDA HAWKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW No.: 07-5203 IN CUSTODY CUSTODY STIPULATION THIS AGREEMENT, made this 17th day of September, 2007, by and between CHARLES HAWKINS, (hereinafter referred to as "Plaintiff/Father"), and BRENDA HAWKINS (hereinafter referred to as "Defendant/Mother"). WHEREAS, Plaintiff and Defendant are parents of three minor children, namely: Charles R. Hawkins Jr., age 9, having been born December 23, 1997, Joshua A. Hawkins, age 6, having been born November 20, 2000, and Maddie M. Hawkins, age 4, having been born April 6, 2003. WI~REAS, the parties agree to have an Order entered upon the following terms: NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, and intending to be legally bound hereby, it is agreed by and between the parties hereto as follows: 1. Legal custody shall be shared. Specifically, each party shall have the right to participate in major decisions affecting the best interests of said children, including but not limited to, medical, religious, and educational decisions; and each party shall have access to medical, dental and school records. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. Week one: 1. The Father shall have custody of the Children beginning Saturday at 7:30 p.m. through Wednesday at 7:30 p.m. 2. The Mother shall have custody of the Children beginning Wednesday at 7:30 p.m. through Saturday at 7:30 p.m. B. Week two: 1. The Father shall have custody of the Children beginning Sunday at 7:30 p.m. through Wednesday at 7:30 p.m. 2. The Mother shall have custody of the Children beginning Wednesday at 7:30 p.m. through Sunday at 7:30 p.m. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The parties shall alternate custody of the Children beginning at noon on Christmas Eve through noon on Christmas day, with Father having custody in odd numbered years and Mother having custody in even numbered years. B. New Year's Eve: The parties shall alternate having custody of the Children from New Year's Eve at 12:00 Noon through New Year's Day at 12:00 Noon, with 2 Father having custody in odd numbered years and Mother having custody in even numbered years. C. New Year's Dav: The parties shall alternate having custody of the Children from New Year's Day at 12:00 Noon through January 2°d at 8:00 p.m., with Mother having custody in odd numbered years and Father having custody in even numbered years. D. Thanksgiving: The parties shall alternate having custody of the Children on Thanksgiving Day from 10:00 a.m. until 8:00 p.m., with the Mother having custody in odd numbered years and the Father having custody in even numbered years. E. Memorial Dav/July Fourth/Labor Dav: The parties shall alternate having custody of the Children from 10:00 a.m. until 8:00 p.m. (or after the fireworks) on Memorial Day, July Fourth and Labor Day. In odd numbered years, the Father shall have custody of the Children on July Fourth and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on July Fourth and the Father shall have custody on Memorial Day and Labor Day F. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 10:00 a.m. until 8:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3 4. Each party shall be entitled to have vacation custody with the Children for up to two non-consecutive weeks each Summer provided at least 30 days advance notice to the other parent. In the event either party intends to remove the Children from his or her residence or an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Children can be contacted. 5. Both parents are encouraged to accommodate the reasonable request of the other parent for alteration of any agreed-upon schedule, as the circumstances and best interests of the children require. 6. Both parents shall share the responsibility of transportation of the children. 7. It shall be the obligation of each parent to have the children ready for all visits and to encourage them to participate in the above schedule. While in the presence of the children, neither parent shall make, nor will they allow others to make, any remarks or do anything which can in any way be construed as derogatory or uncomplimentary to the other; and it shall be the duty of each parent to uphold the other parent as one whom the children should respect and love. 8. The parties hereby stipulate and request that this Custody Stipulation be made an Order of Court without the parties having to appear in open court. C~1" Witness ` ~ Witness CHARLES HAWKINS, PlaintifflFather CJ ~. .y ~_, BRE S, Defendant/Mother 4 .~ "' "~ u C,t„~~- ~ Y~~ t .~ ~ yy ~, .. ~..' ~ ! -'t 1 t ~ 4 i ~ m ar SEP 2 ~ 2001 ~ CHARLES HAwHIlvs, Plaintiff v. BRENDA HAWKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII~ ACTION -LAW No.: 07-5203 IN CUSTODY CUSTOD AND NOW, this ~ ~' da of 2007 it is hereb Ordered Y Y and Decreed that the Custody Stipulation signed on September 17, 2007 by Plaintiff, Charles Hawkins and Defendant Brenda Hawkins is hereby entered as an Order of Court. ~a G oq% b{i~r1~',~~;N xd OZ ~$ Wd SZ d3S EOOZ ~~#~.~Ci-4~Z~ CHARLES HAWKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW BRENDA HAWKINS, NO. 2047-5203 Defendant IN CUSTODY COURT ORDER 4 r AND NOW, this ~ ~ day of September, 2007 ., the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. roy, Esquire Custody C nciliator ~ ~ 0 C -c3 r...+ ~t t Y -ts ..- ,~ ~,: ~ „~ ~ ~~ ,: ~~ ~' C `.~..'