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HomeMy WebLinkAbout08-2101KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff JONATHAN D. HAWBECKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. B g • -2101 JESSICA BLAINE, CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Jonathan D. Hawbecker residing at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter `Plaintiff' or "Father") Plaintiff may be served all legal papers through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is Jessica Blaine residing at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Defendant" or "Mother"). Defendant is anticipating moving from Plaintiff's residence in the immediate future. 3. Father seeks primary physical and shared legal custody of the following child: NAME PRESENT RESIDENCE AGE Brayden Hawbecker 17 Sussex Road 23 months Camp Hill, PA 17011 D.O.B. 4/10/2006 1 of 5 4. Brayden Hawbecker (hereinafter the "Child") was born out of wedlock. 5. The Child is presently residing with Father and Mother. 6. During the past five years, the Child has resided with the following persons and at the following addresses, with the following approximated dates: PERSONS ADDRESSES DATES Jonathan D. Hawbecker 17 Sussex Road Birth - Present Jessica Blaine Camp Hill, PA 7. The mother of the Child is Jessica Blaine, currently residing at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. She is not married. 8. The father of the Child is Jonathan D. Hawbecker, currently residing at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. He is not married. 9. The relationship of Plaintiff to the Child is that of Father. Father currently resides with Mother and the Child, although Mother intends to relocate in the immediate future 10. The relationship of Defendant to the Child is that of Mother. Mother currently resides with Father and the Child, although Mother intends to relocate in the immediate future. 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. 2 of 5 13 14 15 16. 17 18. 19 Father is requesting shared legal and primary physical custody of the Child. Father is requesting custody of the Child to be shared over all holidays, and on the birthday of the Child. Prior to this Complaint, Father and Mother shared custody of the child, as the parties live in the same residence. Mother intends to relocate in the immediate future due to the dissolution of the relationship between Father and Mother. Mother's work schedule is variegated and unpredictable, from as early as 10 am to as late as 2 am or later, and Mother routinely changes or works additional hours. As such, Mother is preventing the child from having a set schedule for bathing, feeding, and sleeping. Father believes that a constant routine is a necessity for the child's emotional health and upbringing. Father's work schedule permits for a more constant schedule. Mother has also recently begun to engage in deceptive behaviors, behaviors lacking moral fiber, and behaviors that prevent her from being a caring and attentive parent to the Child. Specifically, Mother is consuming alcohol to the point of severe intoxication as often as five nights per week, staying out all night, and engaging in acts of moral turpitude in the home. Mother routinely places the Child in the caretaking custody of a young female who smokes in the Child's presence, and who keeps three Rottweilers in the home where the Child is watched. Father is fearful of the Child's safety in this home; however, Mother refuses to consider or discuss any alternative. 3 of 5 20. Mother currently refuses to provide any information regarding the whereabouts of the Child when the Child is not in Mother's custody, and Father is at work. Mother has routinely failed to provide Father with information concerning the Child's daycare, supervision, and welfare. 21. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a) The mental and emotional well being of the Child will be served if Father is the Child's primary custodian. Father has the ability, through his work, to provide the Child with a constant schedule that will provide the Child with the constancy and stability he needs as he grows; b) Mother's schedule is variegated and unpredictable, and prevents her from being able to give the Child a routine; c) Mother refuses to discuss or divulge information regarding the caretaker for the Child when Father is at work, and has repeatedly placed the Child in a home for caretaking that is unsafe and unhealthy; d) Mother has begun evidencing reckless and morally questionable behavior that would endanger the Child if Father were not present, including but not limited to drinking to all hours of the night, most nights of the week, and returning home in a severe state of intoxication, if at all; e) Father is able to provide a stable and safe home and emotional environment for the Child; 4 of 5 f) Father has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 22. 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, Father requests that this Honorable Court grant the following relief: Award Father primary physical and shared legal custody of the child; Respectfully Submitted, KOPE Dated: 417, By: 5 of 5 VERIFICATION I, Jonathan D. Hawbecker, the Plaintiff in this matter, have read the foregoing 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. (a OAS D Dated. J nthan D. Hawbecker 3 of 3 ? ? .} v ? 7G.i ^ O 1 '? f , a, /r V D _ ' ? t s ?..3 ?' L.: J JONATHAN D. HAWBECKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA BLAINE DEFENDANT 2008-2101 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at? 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 02, 2008 at 8:30 AM for a Pre-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/ Hubert X. Gyro Es q. 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 . 4w 40 41 KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com JONATHAN D. HAWBECKER, Plaintiff, vs. JESSICA BLAINE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2008-2101 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Jonathan D. Hawbecker, Plaintiff, and states that service of the Custody Complaint and Order scheduling the custody conciliation in this matter was made by him upon Defendant, Jessica Blaine, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 2018, Return Receipt Requested on April 10, 2008, to her mailing address, at 19 Sussex Road, Camp Hill, PA 17011, which mail was received by Defendant on April 12, 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 A ,nailed to Defendant. BEAM, Esq. for Plaintiff i I I U.S. Postal Ica 1 CERTIFIED IVIAIL?, RECEIPT a (Domestic Only ; No Insurance Coverage Provided) For delivery informatio n visit our website at www us s coin O . p . ` D Postage $ O certified Fee c:7 60 5- O Return Receipt Fee (Endorsement Required) % e Postmark Here 0 r-1 Restricted Delivery Fee (Endorsement Required) Ln ru Total Postage & Fees $ / -r p o Sent To - s je (1 r & tti , ? sbeei a?i ri---------- - or PO Box No. l `7 - - y,`?-' ------------------------ C'(t 5 8 e-X V C, V -- ------------------------- cey,-ware, a'Pr4 ------------------ ------------- -------------------- 3800, June r ¦ Complete items 1, 2, and 3. Also complete I item 4 if Restricted Delivery Is desired. 1 ¦ 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, or on the front if space permits. 1. Article Addressed to: o? 6 -7 A. $tgna u X KAO Agent Addressee B. R y (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No *wow 3. Service Type ?'? 0 Certified Mail 0 Express Mail ? Registered 0 Return Receipt for Merchandise PA L-70 ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2., Article Number (ransrer from sertxe faeeq 700 4 2 510 0007 6 4 5 0 2 018 PS Form 3811, February 2004 Domestic Return Receipt to2596-M tsao 4 K O P E ASSOCIATES LAW OFFICES LLC \V/ Shane B. Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. April 10, 2008 VIA REGULAR AND CERTIFIED MAIL Jessica Blaine 17 Sussex Road Camp will, PA 17011 Re: Hawbecker v. Blaine No. 08-2101 in Custody Dear Ms. Blaine, I represent Jonathan D. Hawbecker in the above referenced matter for custody. Enclosed and served upon you is the Complaint in Custody and Order of Court scheduling the conciliation 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 that the Custody Conciliation has been scheduled for Friday, May 2, 2008 at 8:30 am on the 4t floor of the Cumberland County Courthouse. Please adjust your schedule accordingly. 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 feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Hawbecker. Thank you for your kind attention to this matter. Sincerely, ASSOCIATES, LLC ff /r, 1 eam, Esq. Cc: Jonathan Hawbecker Smart Representation 4660 Trindle Road ¦ Suite 2oi ¦ Camp Hill, PA 17011 - r u ? CJ {j IIQ n MAY 0 9 2008 JONATHAN D. HAWBECKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA BLAINE, NO. 2008-2101 Defendant IN CUSTODY COURT ORDER AND NOW, this day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Jessica Blaine, and the father, Jonathan D. Hawbecker, shall enjoy shared legal custody of Brayden Hawbecker, born April 10, 2006. In that this is a shared legal custody situation, both parents shall have access to all medical, educational, insurance and other applicable information relating to the minor child. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of physical custody of the minor child as follows: A. Every Wednesday from approximately 8:00 a.m. through Thursday when she will return the child prior to going to work. B. Every Saturday from when mother gets off work through Sunday when mother is going back to work. C. At such other times as the parties agree. 4. The parties shall handle the custody situation so that they share or alternate custody on holidays and also afford each other an appropriate time for vacation time with the minor child. ... 5. Both parents shall keep the other parent advised with respect any individual that is providing childcare for the minor child. 6. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with a Custody Conciliator for a conference. cc: ZLesley J. Beam, Esquire As. Jessica Blaine O.-"N 1, e-T /n?ASCL s1Q/o8 CAN ?-??j.. ? D s3 CY :s: Q N JONATHAN D. HAWBECKER, Plaintiff v JESSICA BLAINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-2101 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 is as follows: Brayden J. Hawbecker, born April 10, 2006. 2. A Conciliation Conference was held on May 2, 2008, with the following individuals in attendance: The father, Jonathan D. Hawbecker, with his counsel, Lesley J. Beam, Esquire, and the mother, Jessica Blaine, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: 64 ?zz Hubert X. Gilroy, squire Custody Conci ' for