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HomeMy WebLinkAbout04-0452JUDITH HAMOVITZ, Plaintiff MARK STEVEN GILBERT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. O q - ti : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Judith Hamovitz, residing at 1600 Summit Avenue, Camp Hill, Pennsylvania, 17011. 2. Defendant is Mark Steven Gilbert, residing at an unknown address. 3. Plaintiff seeks custody of the following children: Name Jameson Alexander Gilbert Mollie Gilbert Present Address Age Date-of-Birth 1600 Summit Avenue 3 May 12, 2000 Camp Hill, PA 17011 1600 Summit Avenue 2 June 22, 2001 Camp Hill, PA 1701 l 4. The children were bom out of wedlock. The children were removed from their residence at 1600 Summit Avenue, Camp Hill, Cumberland County, PA without Mother's knowledge or consent on or about January 30, 2004 and are presently in the physical care of Father against Mother's will, permission acknowledgement or agreement. Father's residence is unknown, and Father refuses to disclose said residence location to Mother. 5. During the past five (5) years, the children have resided with the following persons at the following address(es): Name Mark Steven Gilbert Judith Hamovitz Mark Steven Gilbert Address address unknown 1600 Summit Avenue Camp Hill, PA 17011 Dates 1/29/04 - present 5/12/00- 1/29/04 6. The mother of the children is currently residing at 1600 Summit Avenue, Camp Hill, Pennsylvania, 17011. She is single. 7. The father of the children is currently residing at an unknown address. To Mother's knowledge, father is divorced and single. 8. The relationship of Plaintiffto the children is that of Mother. Plaintiff currently resides with the following persons: Name Jameson Alexander Gilbert Mollie Gilbert Relationship Mother Mother 9. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: Name Relationship It is unknown where the father is residing. 2 10. Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. 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. 13, The best interest and permanent welfare of the children will be served by granting the relief requested. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical and legal custody of the children. Dated: Respectfully Submitted, REAGER & ADLER,~PC/~ Attorney ID No.: 36461 2331 Market Street [.. Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Judith Hamovitz, hereby verify that the statements made in the foregoing document are 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. §4904, relating to unsworn falsification to authorities. JUDITH HAMOVI~ JUDITH HAMOVITZ, Plaintiff MARK STEVEN GILBERT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 74o. o'.l- C1VIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF REQUESTING IMMEDIATE RETURN OF CHILDREN TO HOME JURISDICTION AND NOW this 3ra day of Fehruary, 2004 comes Petitioner Judith Hamovitz by and through her counsel Joarme Hamson Clough, Esquire and REAGER & ADLER, PC and respectfully avers the following: 1. Petitioner/Plaintiff is Judith Hamovitz, and adult individual residing at 1600 Summit Avenue, Camp Hill, Cumberland County PA, 17011. 2. Respondent/Defendant is Mark Steven Gilbert, an adult individual who had previously resided at 1600 Summit Avenue, Camp Hill, PA 17011, but has now left said residence with the minor children and is believed to be residing somewhere in Snyder County. 3. Petitioner/Plaintiff Judith Hamovitz and Respondent/Defendant Mark Steven Gilbert were formerly girlfriend and boyfriend and resided in Petitioner's house at 1600 Summit Avenue, Camp Hill until Respondent vacated the residence on or about January 30, 2004 and are the parents of two minor children, namely Jameson Alexander Gilbert, age 3, date-of-birth May 12, 2000, and Mollie Gilbert, age 2, date-of birth June 22, 2001. 4. Cumberland County Permsylvania is the home jurisdiction of the minor children. The children were born at Harrisburg Hospital and have resided continuously in Cumberland County at 1600 Summit Avenue, Camp Hill, PA since each child's birth. 5. The children have resided with Petitioner/Plaintiff Judith Hamovitz since birth at 1600 Summit Avenue, Camp Hill, Cumberland County, PA. 6. Approximately two weeks ago, Petitioner/Plaintiff advised Respondent/Defendant Mark Steven Gilbert that she wished to terminate her romantic relationship and asked him to vacate the residence she solely owns at 1600 Summit Avenue, Camp Hill, PA. 7. Petitioner/Plaintiff Judith Hamovitz is employed at Camp Hill State Prison as a nurse and is also in the United States Air Force Reserves and was recently on five (5) days active duty at McGuire Air Fome Base in New Jersey. 8. When Petitioner/Plaintiff returned to her residence on Friday, January 30, 2004 from active duty, she discovered Respondent/Defendant Mark Steven Gilbert had vacated the residence and had taken the minor children with him without her knowledge or permission. 9. Petitioner/Plaintiff Judith Hamovitz has contacted the Respondent's parents Luther and Beverly Gilbert of Middleburg, PA on several occasions but they refused to disclose the whereabouts of Respondent/Defendant Mark Steven Gilbert and the minor children. 10. Petitioner/Plaintiff Judith Hamovitz has had several telephone calls from Respondent/Defendant Mark Steven Gilbert since January 30, 2003, but he refuses to give her his current address, telephone number, and refuses to return the children to her. 11. Respondent/Defendant Mark Steven Gilbert is employed as a Record Specialist at Camp Hill State Prison and has called off work Monday, February 02 and Tuesday February 3 of this week. 12. Petitioner/Plaintiff Sudith Hamovitz is a Registered Nurse employed at Camp Hill State Prison. 13. Petitioner/Plaintiff Judith Hamovitz has filed a Complaint in Custody simultaneously with the filing of the Petition for Special Relief. 14. Respondent Mark Steven Gilbert has acted in bad faith and illegally by removing the children from their residence and home jurisdiction without seeking Court approval for said relocation in direct violation of Plowman v. Plowman, 409 Pa. Super, 143, 597 A, 2d. 701 (1991). 15. Respondent Mark Steven Gilbert has acted in bad faith and illegally by removing the children from their residence and home jurisdiction without Petitioner's consent and refusing to disclose to Petitioner the children's present location and by denying Petitioner access to the minor children. WHEREFORE, Petitioner/Plaintiff Judith Hamovitz requests this Honorable Court to enter an Emergency Order directing the Respondent/Defendant Mark Steven Gilbert to immediately return the minor children Jameson Alexander Gilbert, age 3 and Mollie Gilbert age 2, to Petitioner/Plaintiff Judith Hamovitz to reside at her residence at 1600 Summit Avenue, Camp Hill, Cumberland County, PA, their residence since birth until such time as a hearing can be held on this Petition and/or a Custody Conciliation Conference can be VERIFICATION I, Judith Hamovitz, hereby verify that the statements made in the foregoing document are 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. {}4904, relating to unsworn falsification to authorities. J~ITH HAMOVI~~Z held, and grant any further relief this Court deems appropriate, including a temporary Partial Custody Schedule for Respondent/Defendant Mark Steven Gilbert. Respectfully submitted, REA 3ER & ADLER, PC Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ,quire JUDITH HAMOVITZ PLAINTIFF V. MARK S. GILBERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-452 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursda , Februar 05, 2004_._~, upon consideration of the attached Complaint, it is hereby directed that parties and their respective Counsel appear before Dawn S. Sunda , Es~q:~ the conciliator a[ '~ on . Wednesday, February 25, 2004 at 8:30 AM for a Pre-Hearing Custody Conference At such conference, an ef~brt 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 a~e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. S . The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, peclal Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ~ Custody Conciliator ^merican ? ?.( ommon Pleas ofC mberland Co n is r ' · . w~m l)lsaomtes Act of 1990 For/nfl rm ' ty eqm[,ed b~y/aw to comvly w~th the O__ation about accessm e Iacilities 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 beibre the Court. You must attend the scheduled conference or hear/ng. 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 ']?HE 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 MARK S. GILBERT, Petitioner VS. JUDITH HAMOVITZ, Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0354 CIVIL CIVIL ACTION - CUSTODY JUDITH HAMOVITZ, Plaintiff VS. MARK STEVEN GILBERT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : , .~/r04-0452 CIVIL · CIVIL ACTION - CUSTODY ORDER AND NOW, this /' '~ day of February, 2004, it appearing that the parties have filed cross-petitions for emergency relief, this matter is referred to conciliation. BY THECOURT, Gregory Hazlett, Esquire For Mark S. Gilbert Joanne Harrison Clough, Esquire For Judith Hamovitz Court Administrator :rim A. Hess, J.