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HomeMy WebLinkAbout04-1187JASON AND CHRISTIE L. BONAWITZ, Plaintiffs, V. JEFFERY R. IVES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW DocketNo. O q ~ II gO In Custody: COMPLAINT IN CUSTODY NOW THIS ~ day of ~[40A~ , 2004, comes Plaintiffs Jason and Christie L. Bonawitz, by and through their attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, I<D~auss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. Plaintiffs, Jason and Christie L. Bonawitz, Husband and Wife, (hereinafter "Plaintiffs") are adult individuals currently residing at an undisclosed address in Cumberland County, Pennsylvania. They may be contacted through their attorney's address at Metzger, Wickersham, Knauss & Erb, P.C., 332l North Front Street, Harrisburg, PA 17110-0300. 2. Defendant, Jeffery R. Ives, is an adult individual currently residing at 513 Chestnut Street, Pottstown, PA, 19464. 3. Plaintiffs seek primary physical custody and primary legal custody of the following minor child: Kelsey L. Ives, present address undisclosed, dob: 2/22/99 (hereinafter "Minor Child"). 4. PlaintiffChristie L. Bonawitz (hereinafter "Mother") is the natural mother of the above-mentioned Minor Child. 300156-1 Defendant Jeffery R. Ives (hereinafter "Father" or "Defendant") is the natural father of the above-mentioned Minor Child. Plaintiff Jason J. Bonawitz (hereinafter "Step Father") is the step father of the above-mentioned Minor Child and has stood in locoparentis to the Minor Child for a period in excess of three years. following addresses: Name Jason J. Bonawitz Christie L. Bonawitz Christie L. Bonawitz Lisa Esterline (maternal grandmother) The Minor Child was born out of wedlock. The Minor Child is presently in the custody of Plaintiffs. For the past five years, the Minor Child has resided with the Plaintiffs at the Address Undisclosed Cumberland County, PA 1248 Second Street Oberlin, PA Date From June 2001 until present From Jan. 10, 2000 June 2001 The mother of the Minor Child is Plaintiff Christie L. Bonawitz who currently resides at an undisclosed location. The father of the Minor Child is Defendant Jeffery R. Ives who currently resides at 513 Chestnut Street, Pottstoxvn, PA, 19464. 6. The relationship of the Defendant to the Minor Child is that of natural father. Defendant is believed to reside with the following persons: Unknown. 300156q 7. The relationship of Plaintiff Jason J. Bonawitz to the Minor Child is that of step father. In addition, Plaintiff Jason J. Bonawitz has stood in locoparentis to the Minor Child for a period of three years. The relationship of Plaintiff Christie L. Bonawitz to the Minor Child is that of natural mother. Plaintiffs currently reside with the following persons: Names Relationship Kelsey L. Ives Brandt C. Bonawitz Chase Michael Bonawitz Tyler Matthew Bonawitz Daughter Son Son Son 8. Plaintiffs have no information of any custody proceeding concerning the Minor Child pending in a court of law of this Commonwealth. 9. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the Minor Child or claims to have custody or visitation rights with respect to the Minor Child. 10. The best interest and permanent welfare of the Minor Child will be served by granting the relief requested because: a. Plaintiffs are in a better position, both financially and emotionally, to provide stability and custody for the Minor Child; b. Plaintiffs have been the primary caretakers of the Minor Child; c. Plaintiffs are in a position to provide a stable and responsible environment for the raising of the Minor Child; d. Defendant has had no contact, visitation, telephone calls, Christmas cards, birthday cards with the Minor Child for a period in excess of three years; 300156-1 e. Defendant has a history of violent and abusive behavior; f. Plaintiffs fear for the safety of the Minor Child if Defendant is allowed time alone with the Minor Child; and g. Defendant has no driver's license since he has been convicted of numerous DUIs. WHEREFORE, Jason J. and Christie L. Bonawitz request the Court to grant them primary physical custody and primary legal custody. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: An~ears, ~squire 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 300156-1 VERIFICATION I, Jason J. Bonawitz, verify that the statements made and facts presented in the foregoing Complaint in Custody 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~s;n j. l~ 'onawC'~'~z VERIFICATION I, Christy L. Bonawitz, verify that the statements made and facts presented in the foregoing Complaint in Custody are tree 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 unswom falsification to authorities. ({21linsey L. ~[onawlt~) 300156-1 CERTIFICATE OF SERVICE i, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the within Complaint in Custody with reference to the foregoing action by first class mail, postage prepaid, this i,} I .~ay_ t'_ of March, 2004, on the following: Jeffery R. Ives 513 Chestnut Street Pottstown, PA 19464 Andrew C. Spears, Esquffe 300156-1 JASON AND CHRISTI~ L. BONAWITZ PLAINTIFF JEFFERY R. IVES DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1187 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, April 22, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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 age five or older may also be present at the conference. Failure to aCpear 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/ Melissa P. Greevy, Esq. mbo 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: lhcilities 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 betbre 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 JUN 0~ 2004 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs V, JEFFREY R. IVES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1187 CIVIL TERM ,CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COl JRT AND NOW, this ~ ~-~ day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered* and directed as follows: 1. Legal and Physical Custody. Mother shall have primary legal custody and primary physical custody of the minor child, Kelsey L. Ives, born February 22, 1999. 2. Physical Custody. Mother shall have sole physical custody of the minor child. 3. Father will be permitted contact with the child through correspondence and pictures for a period of three (3) months. If Father follows through on a consistent basis, at the next Custody Conciliation Conference, supervised visits will then be considered. 4. The Custody Conciliation Conference shalll reconvene on September 23, 2004 at 8:30 a.m. at the Cumberland County Courthouse, Jury Assembly Room, One Courthouse Square, Carlisle, PA 17013. Dist: BY THE COURT: /~~ Andrew C. Spears, Esquire, PO Box 5300, Harrisbuq;i, PA 17110-0300 Jeffrey R. Ives, 513 Chestnut Street, Pottstown, PA 19464 A'd',;<!,,..';'IS',.U.O~::;rt .B!-U. 50 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs V. JEFFREY R. IVES, Defendant JUN 0 7 ;~004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1187 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUN'P," RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the 'subject of this litigation is as follows: NAME DATE OF BIRTH CURRI-'NTLY IN THE CUSTODY OF Kelsey L. Ives February 22, 1999 Mother 2. A Custody Conciliation Conference was helcl on May 20, 2004 at the Old Courthouse in Cumberland County. Present for the conference were: Jason and Christine Bonawitz, and their counsel, Andrew C. Spears, Esquire; the Father, Jeffrey R. Ives, participated pro se. 3. Father acknowledges that he has had no contact with this child for three (3) years. The parties therefore agreed any attempt to form a relationship would need to be done on a gradual basis and would require consistent efforts on Father's part. The parties reached an agreement in the form of an Order as attached. Me'~issa Peel Greevy, Esquire Custody Conciliator :229950 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs V. JEFFREY R. IVES, OLER, J.._~ SEP Z 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1187 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY Defendant : T___EMPORARY ORDER OF CC'UR AND NOW, this '~c~ ~.~ day of ~ ~_{t.. -- the attached Custody C-"~ncil/at/on Summary ~e-p~rt, it is hereby ordered and directed as follows: ___, 2004, upon consideration of 1. ~. The Plaintiffs, Jason Bonawitz and Christie L. Bonawitz, shall have legal custody of the minor child, Kelsey L. Ives, bom February 22, 1999. 2. Physical Custody. Pending further Order of Court or an agreement of the Parties, Jason and Christie L. Bonawitz shall have physical custody of the minor child. 3. A hearing is scheduled in Courtroom Number 1 of the Cumberland Co Courthouse, on the ~ day of _.~L.M., at which time testi-mon,, w,l~, 2004, at ~:3~ , .unt.y ~ ,,, u~ taken. For +1~. _... ~ ~ O CLOCK Plaintiffs, Jason and Christie L. BonawJtz, shall be deemed to be the moving party and shall ,-= purposes of the hearing, the proceed initially with testimony. Counsel for the parties or the Parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each Party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: //~J. ~V~sle~r, Dist: ' v/Andrew C. Spears, Esquire, PO Sox 5300, Harr sburg, PA 17110-0300 ~/'Jeffrey R. ives 513 Chestnut Street, Pottstown, PA 19464 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs V. JEFFREy R. IVES, Defendant SEP IN THE! COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1187 CIVIL TERM CIVIL ACTION _ LAW IN CUSTODY IN CUSTODY CONCILIATION SUMMAR~ 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 child who is the subject of this litigation is as follows: NA.~ME DATE OF BIRTH Kelsey L. Ives February 22, 1999 CU.~.~RREN.__TLY IN THE CUSTODY O~ Mother 2. The parties' second Custody Conciliation Conference was held on September 23, 2004 at the Courthouse. Present for the conference were: Jason and Christine Bonawitz, and their counsel, Andrew C. Spears, Esquire; the Father, Jeffrey R. Ives, Participated pro se. 3 Mother's o' · ' ~2004. The last letter she received written seven ?tlon on custod ~s as follows. Mother reports that Father has was dated August 17, 2004. Mother expressed concern ,because the July 29~h letter indicated that Father would soon find out whether he gets supervised visits with the child. .Additionally, Mother is very concerned about the possibility thai: Father will not be consistent in his contact with the child. She bases this on information she obtains from the mother of another of Father's children. She is very concerned about thE; potential for confusion and the negative impact on the child if Father does not Participate child as he has al!egedly not done with her half sister who resides in York. At the time of on a consistent basis with the this Conference, Mother was not agreeable to even one ('1) visit per month in a neutral place with the child's half sister. 4. ~todv is as follows. F , more letters thee t~;[~e r/~S~?,,.,fo, llo,w,s...ath6r reports that he has sent the Week prior to the Conciliation Conference. He continues to state that he wants to spend e r..,.~,v~u. He stated :/hat the last letter was sent time with his daughter. He describes the Mother as controlling and sees her reluctance as a form of using the child as a pawn. Father claims that his limited contact with the other child NO. 04-1187 CIVIL TERM in York is because of her Weekend activities interfedn§r with the time provided under the Custody Order. Father asks the Court to enter visits once to twice per month, initially starting with once per month however, he did not want to commit to a specific schedule of when the visits would occur. 5. Is.~sues upon which the parties aqreed: Mother requested and Father readily agreed to allowing the stepfather, Jason Bonawitz,~o having rights of legal custody so that he Would be permitted to sign permission for medical care, to pickup the child from school to take her to doctors' appointments, and the like. Accordingly, based on this mutual agreement, the legal custody Provisions of this Order have be d. ells Custody Conciliator'' --'~'"" ~ // :236203 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs Vo JEFFERY R. IVES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1187 CiVIL TERM CiVIL ACTION - LAW IN CUSTODY PLAINTIFFS' MOTION FOR CONTINUANCE AND NOW, come the Plaintiffs, Jason and Christie L. Bonawitz, by and through their attorney, Andrew C. Spears, Esquire, ofMetzger, Wickersharn, Knauss & Erb, P.C., and file the following Motion for Continuance, respectfully representing as follows: 1. A custody conciliation conference before J. Wesley Oler, Esquire, was held on September 23, 2004. 2. On September 30, 2004, a Temporary Order of Court was entered scheduling a custody hearing for December 6, 2004, at 9:30 o'clock a.m. 3. Plaintiffs' counsel has a scheduling conflict. 4. Defendant is pro se. Plaintiffs' counsel has no way to contact him except by mail and was not able to determine whether he would concur in this request. 314913-1 WHEREFORE, Plaintiffs respectfully request this Honorable Court to continue the December 6, 2004, hearing until a later date. METZGER, WICKERSttAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 1'7110-0300 (717) 238-8187 Attorneys for PlaJimiffs 314913-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law finn ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Plaintiffs.' Motion for Continuance with reference to the foregoing action by first class mail, prepaid, this ~ day of November, 2004, on the following: Jeffery R. Ives 513 Chestnut Street Pottstown, PA 19464 Andrew C. Spears, Esquire 314913-1 JASON AND CHRISTIE L. BONAWITZ, Plaintiffs JEFFERY R. IVES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1187 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of November, 2004, upon consideration of Plaintiffs' Motion for Continuance of the hearing scheduled for December 6, 2004, and it appearing that this hearing has been scheduled since September 30, 2004, and that Defendant presently has no court-ordered custodial periods with his child, Kelsey L. Ives (d.o.b. February 22, 1999), the motion for a continuance is denied. BY THE COURT, ~fi'drew C. Spears, Esq. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs ~J~ffery R. Ives 513 Chestnut Street Pottstown, PA 19464 Defendant, pro se Wesley Ole~ir.,' (_. J. irc JASON AND CHRISTIE L. BONAWITZ, Plaintiff V. JEFFERY R. IVES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1187 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2004, upon consideration of Plaintiffs' Complaint in Custody in the above-captioned matter with respect to the .child of Plaintiff Christie L. Bonawitz, and Defendant Jeffery R. Ives, Kelsey Lynn Ives (date of birth, February 22, 1999), and following a hearing at which the Plaintiffs appeared with their counsel, Andrew C. Spears, Esquire, and presented evidence in support of the Complaint in Custody, and at which the Defendant did not appear notwithstanding that the Court delayed the hearing for a period of 15 minutes in an attempt to facilitate his appearance, it is ordered and directed as follows: 1. Kelsey Lynn Ives Legal custody of the subject of this proceeding, (date of birth February 22, 1999), who is the child of Plaintiff Christie L. Bonawitz and Defendant Jeffery R. Ives, shall be shared by the parties; 2. Plaintiff Christie L. Bonawitz shall have primary physical custody of the child; 3. Defendant Jeffery R. Ives shall have partial or temporary physical custody of the child at such times as the parties mutually agree; 4. In the event that the parties are unable to work out a schedule which is mutually convenient for partial custody on the part of the father, the Court will entertain a motion by either party for a further hearing. By the Court, ~ndrew C. Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 For the Plaintiff J Jo jeffrey R. Ives, Defendant Pro Se v 513 Chestnut Street Pottstown, PA 19464 pcb