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Home My WebLink About08-3649 ELIZABETH HAYCOX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 6 8. 3 G y 9 Cc x-1-4 7?4- BRIAN L. HAYCOX, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Elizabeth Haycox, who currently resides at 276 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Brian L. Haycox, who currently resides at 109 Osuna Road, North West, Albuquerque, New Mexico. 3. The Plaintiff seeks custody of the following child: Name: Arie Lane Haycox Date of Birth: August 23, 2000 Address: 276 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013 4. The child was born during wedlock. 5. The child is presently in the custody of Elizabeth Haycox, who resides at 276 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Elizabeth and Brian Haycox Elizabeth and Brian Haycox Address Date Colorado Springs, Birth to 11 /03 Colorado 15 Inca Road, Rio 11/03 to 03/05 Rancho, New Mexico 87124 Elizabeth Haycox 33 Summerfield Drive, 08/04 to 03/05 Carlisle, PA 17013 Elizabeth Haycox 941 Forest Court, 03/05 to 12/08 Carlisle, PA 17013 Elizabeth Haycox 276 West Ridge Street, 01 /08 to Present Carlisle, PA 17013 7. The mother of the child is Elizabeth Haycox, who resides at 276 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 8. Mother of the child, Elizabeth Haycox, is not married. 9. The father of the child is Brian L. Haycox, who currently resides at, 109 Osuna Road North West, Albuquerque, New Mexico. 10. Father of the child, Brian Haycox, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: Daughter Arie Lane Haycox and Son, Taylor McGrath 14. The Defendant currently resides with the following persons: Two Male Friends (Names not known at this time) 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff previously filed a Custody Complaint in Cumberland County docket No. 2005-3233, filed June 24, 2005. The parties reached an Agreement and on July 20, 2005 the Conciliator relinquished jurisdiction in this matter. No formal Custody Agreement was ever filed with the Court and therefore the Plaintiff is refiling a Custody Complaint at this time. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since her birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff with periods of partial physical custody to the Father as the parties may from time to time agree. DATE U VRespectfully submitted, ABOM&KUTUTAKi4 L.L.P. a Kara W. Haggerty, Esq Supreme Court ID No. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Elizabeth Haycox, verify that the statements made in this Custody Complaint 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 unworn falsification to authorities. 17 Date (P EElizab0i Haycox CERTIFICATE OF SERVICE AND NOW, this lb±- day of June 2008, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Brian Haycox 109 Osuna Road North West Albuquerque, New Mexico 87107 Respectfully submitted, ABom&KUTULAKrs, L.L.P. V 146 le ault; Kara W. Haggerty, Esgyir Supreme Court ID No. (g?, 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff } ca O [ Tl t f U. ELIZABETH HAYCOX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. HAYCOX DEFENDANT 2008-3649 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 24, 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, July 25, 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. Gilroy, Esg. t/ h ` 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 ?Vi o LO :?? tl'A SG t?'P r ggoZ 3Hi OM & &UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ELIZABETH HAYCOX, Plaintiff V. BRIAN L. HAYCOX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3649 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Custody Complaint, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Brian Haycox, at Carlisle, Pennsylvania, addressed as follows: Brian Haycox 109 Osuna Road, N.W. Albuquerque, NM 87107 Return card acknowledging receipt on June 21, 2008 is attached as Exhibit "A". ABOM&KUTULAKn? LLP Date:L?j 1Zc-JCb- ( l 1(tarf a Kara W. Haggerty, Es 36 South Hanover Stt Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ 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: .At ?U?Wy- Iue , NNE ?? tU7 A."Signature a X IcS.. _ ,-.. , ? Agent B. ived by (Printed Na Date of Delivery /o Z l ? M- Is delivery address different from item 1? U YeE If YES, enter delivery address below: ? No 3. Service Type 'JZ Certified Mail ? Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) s 2. Article Number 7005 2570 0000 3804 341,5 (Transfer from service labs() PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT (AY) t JUL 29 Nu8h _-A ELIZABETH HAYCOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW BRIAN L. HAYCOX, NO. 2008-3649 Defendant IN CUSTODY COURT ORDER AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Elizabeth Haycox, and the father, Brian L. Haycox, shall enjoy shared legal custody of Arie Lane Haycox, born August 23, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Whenever the Father is in Pennsylvania and upon him giving reasonable notice to the Mother, Father shall exercise temporary custody with the minor child. B. When the child is in New Mexico and upon Father giving notice, the Father shall exercise temporary custody with the minor child. C. At such other times as the parties may agree. 4. 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 the Custody Conciliator for a conference. BY THE COURT, k Judge cc: X a W. Haggerty, Esquire ?Kr. Brian L. Haycox y .C? r I :1 [- J Gc ire uol 33'.'' : ?? I?? ELIZABETH HAYCOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW BRIAN L. HAYCOX, NO. 2008-3649 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Arie Lane Haycox, born August 23, 2000 2. A Conciliation Conference was held on July 25, 2008, with the following individuals in attendance: The mother, Elizabeth Haycox, who appeared with her counsel, Kara W. Haggerty, Esquire, and the father, Brian L. Haycox, who participated over the telephone. 3. The parties agreed to the entry of an Order in the form as attached. Date: July 25, 2008 Hubert X. G' oy, Esquire Custody C nciliator LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com MICHAEL AND MARIANNE BEERS, Plaintiffs V. J.S. INVESTMENTS, INC., PAULA SHEFFER AND KENNETH AND JILL MAYS, Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3649 CIVIL ACTION - LAW MOTION FOR DEFAULT JUDGMENT AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. No Judge has previously issued any orders related to the above captioned action. 2. On September 18, 2009, Plaintiffs filed a Complaint and accompanying Notice on the above captioned Defendants. 3. On or about October 22, 2009, Plaintiffs' counsel granted Robert Saidis, Esquire on behalf of Defendants Kenneth and Jill Mays, an extension until November 2, 2009, to file an answer to Plaintiffs' Complaint, as evidenced by Exhibit A, which is attached hereto and incorporated herein. 4. On or about October 29, 2009, Plaintiffs' counsel reaffirmed the aforementioned extension, as evidenced by Exhibit B, which is attached hereto and incorporated herein. 5. On or about November 2, 2009, Halberstadt Curley, LLC, on behalf of Defendants Kenneth Mays and Jill Mays, filed preliminary objection to Plaintiffs' Complaint, failing to file an answer. WHEREFORE, Plaintiffs Michael E. and Marianne S. Beers, by and through their counsel, respectfully request this Court grant Plaintiffs' Motion for Default Judgment. Respectfully submitted, Zu: a er P.C. D ate: Bysso, Esquire 77 PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 MICHAEL AND IN THE COURT OF COMMON PLEAS OF MARIANNE BEERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs , V. J.S. INVESTMENTS, INC., PAULA SHEFFER AND KENNETH AND JILL MAYS, Defendants NO. 09-3649 CIVIL ACTION - LAW VERIFICATION We, Michael Beers and Marianne Beers, verify that the statements made in the foregoing document(s) are true and correct. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: I I Date: Michael Beers L A- AINAUtA T? lt?@ Mari a Beers LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiffs MICHAEL AND IN THE COURT OF COMMON PLEAS OF MARIANNE BEERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. J.S. INVESTMENTS, INC., PAULA SHEFFER AND KENNETH AND JILL MAYS, Defendants NO. 09-3649 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Motion for Default Judgment and attached Orders upon the following persons, in the manner indicated: FIRST CLASS MAIL Anthony L. DeLuca 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Attorney for Defendant Paula Sheffer Evan C. Pappas, Esquire Anthony J. Foschi, Esquire Shumaker Williams P.C. 3425 Simpson Ferry Road Camp Hill, PA 17011 Attorneys for Defendant J.S. Investments, Inc. Scott M. Rothman/ Kelle A. Kilgarriff Halberstadt Curley LLC 2930 Glenwood Road Camp Hill, PA 17011 Attorneys for Defendants Kenneth and Jill Mays LAW OFFICE OF PETER J. RUSSO, P.C. BY: ' 0? e , P, v I& I Date: ??' lql (q Amber L. Southard, Paralegal Cm- THE PV MARY 2009 NOV 19 PM 12: 27 Cl S:? L.u?,ab COUNTY O&KSYLVANIA