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Home My WebLink About08-2525KOPE & 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 Attorney for Plaintiff DAVID DRAKE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. BOBBIE JO OTTEY, CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, DAVID DRAKE, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is DAVID DRAKE, an adult individual who currently resides at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Plaintiff' or "Father") 2. The Defendant is BOBBIE JO OTTEY, an adult individual who currently resides at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Defendant" or "Mother"). It is anticipated that Defendant will be moving from said residence in the immediate future. 3. Plaintiff seeks shared physical and shared legal custody of the following unemancipated children: Alicia Drake, born May 29, 1992; and Jared Drake, born June 23, 1998 (hereinafter the "children".) 1 of 7 4. The children were born out of wedlock. 5. The children currently reside with both parties at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. It is anticipated that Mother will be relocating from Father's residence in the immediate future. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES David Drake 5865 Wertzville Road 2003 - Present Bobbie Jo Ottey Enola, PA 17025 7. The mother of the children is Bobbie Jo Ottey, residing at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. She is single. 8. The father of the children is David Drake, residing at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. He is single. 9. The relationship of Plaintiff to the children is that of Father. Father currently lives with Mother and the children, although it is anticipated that Mother will be relocating from Father's residence in the immediate future. 10. The relationship of Defendant to the children is that of Mother. Mother currently resides with Father and the children, although it is anticipated that Mother will be relocating from Father's residence in the immediate future. 11. Father has not participated as a party in previous litigation concerning the custody of the children. 2 of 7 12. Father does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Father is requesting shared legal and shared physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Father has played an instrumental role in the raising of the children since their respective births. As such, the children will benefit from continued constant contact with Father; (b) Father raised the eldest child by himself for a period of two years prior to the birth of the parties' youngest child. As such, Father has created a significant filial bond that should be maintained; (c) Father is able to provide a stable home and emotional environment for the children; and (c) Father has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 3 of 7 WHEREFORE, Plaintiff requests that this Honorable Court award Plaintiff shared physical and shared legal custody of the children. Respectfully Submitted, KOPE & IATES x Q Dated: d p By: As, J 4Bam, Esq. 4of7 VERIFICATION I, David Drake, 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. Dated: 'V- 04 David Drake 7 of 7 r.r CD DAVID DRAKE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BOBBIE JO OTTEY DEFENDANT 2008-2525 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 27, 2008 at 10:30 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 hearinp,. FOR THE COURT. By: /s/ ac ueLrne M. Verne 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 /,-VT?4?6 7, ? ; I I ""'Y I - V""i a 0 0 Z :? bJi A Jv '„?\."..?.. ... .. ?; lip MAY s a zoom DAVID DRAKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-2525 CIVIL TERM BOBBIE JO OTTEY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3D ?t? day of WA ? ' , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. At the request of the parties, the Conciliation Conference is hereby continued. 2. This Order is entered pursuant to an agreement of the parties. 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. Another Custody Conciliation Conference is scheduled for July 31, 2008 at 9:30 a.m. cc: Leslie J. Beam, Esquire, Counsel for Father Bobbie Jo Ottey, pro se P.O. Box 153 Enola, 17025 cer l tS ?r1.ta t BY THE COURT, LL3 .- ? CJ c C DAVID DRAKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-2525 CIVIL TERM BOBBIE JO OTTEY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: None 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alicia Drake May 29, 1992 Mother & Father Jared Drake June 23, 1998 Mother & Father 2. A Custody Conciliation Conference was held on May 27, 2008, with the following individuals in attendance: the Father, David Drake, with his counsel, Leslie J. Beam, Esquire and the Mother, Bobbie Jo Ottey, pro se. 3. The parties are still living together and requested that the Conciliation be continued for 10 weeks giving Mother time to relocate. 4. The parties agreed to the entry of an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator JUL 30'106) DAVID DRAKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2525 CIVIL ACTION - LAW BOBBIE JO OTTEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 300' day of July, 2008, being advised that the parties have reconciled and a Praecipe to Discontinue the matter has been filed, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Vo, JEq ine M. Verney, Esquire, Cus y Conciliator T--, rN) F KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a)-kopelaw.com Attorney for Plaintiff DAVID DRAKE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-2525 BOBBIE JO OTTEY, CIVIL ACTION -LAW Defendant. IN CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please enter the Plaintiffs voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229. Respectfully Submitted, KOPE & ASSOCIATES Date: J/ Boam, Esq. VERIFICATION 1, David Drake, the Plaintiff in this matter, have read the foregoing Praecipe to Discontinue. I verify that the statements made in this Praecipe are true and correct. 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: foe a_? a David Drake