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HomeMy WebLinkAbout09-2213Madelaine N. Baturin BATURIN & BATURIN 2604 North Second Street Harrisburg, Pennsylvania 17110 (717) 234-2427 BRIAN K. HARMER, Plaintiff VS. JEANNETTE D. GIPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: CIVIL LAW - CUSTODY COMPLAINT FOR CUSTODY AND NOW, this ? day of av2 L '2009, comes the Plaintiff, BRIAN K. HARNER, by and through his Attorneys, the Law Offices of BA TURIN & BA TURIN, and files this Complaint for Custody and respectfully represents as follows: 1. The Plaintiff is, BRIAN K. HARNER, an adult individual, sui juris, who currently resides at 154 Hollenbaugh Road, Carlisle, Cumberland County, PA 17015. 2. The Defendant is JEANNETTE D. GIPE, an adult individual, sui juris, who currently resides at 440 3rd Street, West Fairview, Cumberland County, PA 17025. 3. The Plaintiff and Defendant are the natural parents of two children, one is an adult child not part of this Custody Complaint and the second child is the subject of this custody complaint: BRANDON KEITH HARMER, 4 %i years of age, born August 21, 2004. 4. Plaintiff seeks shared legal and shared physical custody of the parties' minor child, BRANDON KEITH HARNER. 5. The aforementioned minor child is presently in the custody of his Natural Mother in Cumberland County, Pennsylvania. The parties are divorced. 6. Since birth, the said minor child has lived at the following address with the following persons: DATE ADDRESS CUSTODY Birth - Present 440 3rd Street Mother West Fairview, PA 440 3rd Street Father & 2/08 - 1/09 West Fairview, PA Mother 7. The relationship of the Plaintiff in the Custody action to subject minor child is that of Natural Father. 8. The relationship of the Defendant in the Custody action to subject minor child is that of Natural Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of said minor child will be served by granting the relief requested because: a. Plaintiff/Natural Father is well able to adequately provide for the continuing health, educational needs and general welfare of said minor child; b. Plaintiff/Natural Father is well able to adequately provide for said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; C. It is in the best interest of the minor child generally that shared legal and physical custody be granted to the children's Natural Father, BRIAN K. HARNER, Plaintiff herein. WHEREFORE, Plaintiff, BRIAN K. HARNER, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting shared legal and physical custody of said minor child, BRANDON KEITH HARNER, to the Plaintiff herein, BRIAN K. HARNER. Respectfully submitted, BAT BATURIN By:_ Madelain N. Baturin Attorney ID #68971 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff Dated: 3/31/09 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: March 31, 2009 /Zel/ (SEAL) FILLf.}-4:)' GE OF E pFn ,.'"r'! ?TRAY 2969 APR -•6 Pig 50 INTT'y ?l05.5o Pa ATH CL* t o84 .2&-6gLDy Z / BRIAN K. HARNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2213 CIVIL ACTION LAW JEANNETTE D. GIPE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 21, 2009 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 hearing. FOR THE COURT. By: Js/ John J. Manzan, Jr., Esq. 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 ? FILED- a SCE V i 2009 APR 2 t P1112:20 ct?r?d t BRIAN K. HARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CASE NO.: 09-2213 JEANNETTE D. GIPE, Defendant CIVIL LAW - CUSTODY CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the Law Offices of Baturin & Baturin, Attorneys for the Plaintiff, Brian K. Harper, in connection with the above-captioned matter, do hereby certify that on April 24, 2009, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, postage prepaid, a time-stamped copy of the Order of Court and Custody Complaint attached thereto, bearing Article No. 7008 1140 0001 6332 8640 addressed to: Jeannette D. Gipe, 440 Third Street, West Fairview, PA 17025. The said article of Certified Mail, as shown by the United States Postal Service Track/Confirm Intranet Item Inquiry, was received by the Defendant herein on April 25, 2009, and according to same, was signed by her, to wit: Jeannette D. Gipe, which inquiry is attached hereto and marked as Exhibit "A". BATURIN & BATURIN By: Madelaine N. Baturin, Esquire Attorney I.D. # 68971 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Dated: ?+ g (? Attorneys for Plaintiff USPS - Track & Confirm Page 1 of 1 On-Home U-12 I Help I e Sign In Track _& Confirm FAQs Track lilt Confirm S®arch Resuhs Label/Receipt Number: 7008 1140 0001 6332 8640 -? -- - Status: Delivered Track & Confirm Your item was delivered at 4:10 PM on April 25, 2009 in ENOLA, PA Enter Label/Receipt Number. 17025. ........ .......... .. ........ G AddYUMSI tAetWS > ltstr ra to U PS mm Ha Ans > cation [Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. zo> http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 4/27/2009 Direct Query - Intranet Track/Confirm - Intranet Item Inquiry Item Number: 7008 1140 0001 6332 8640 This item was delivered on 04/25/2009 at 16:10 DOMYSaWn Signature: we ; • b ? • Address: WY ti ? 1 Request Type and Item Number: Quick Search f Extensive Search r Version 1.0 Inquire on muli i_ple_.i_ ms. Go to the Product Tracking System Home_._Page. Page I of I https://pts.usps.gov/pts/imageView.do 5/14/2009 ALED-'FFct'F OF TH7 2009 MAY 19 All 10, 54 CU.1 E v7 ? 5, 20096, U BRIAN K. HARMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2213 CIVIL ACTION LAW JEANNETTE D. GIPE, IN CUSTODY Defendant ORDER OF COURT Tua4- AND NOW this day ofsbhty 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Brian K. Harper, and the Mother, Jeannette D. Gipe, shall have shared legal custody of Brandon Keith Harper, born 08/21/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing May 22, 2009, Father shall have physical custody of Brandon every other weekend from Friday at 5:30 pm until Sunday at 6:30 pm. (If Father's scheduled holiday is on a Monday following his weekend, Father shall retain Brandon until the end of the holiday.) b. Absent mutual agreement otherwise, the parties shall share transportation obligations with the non-custodial parent picking Brandon up from the custodial parent's residence. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Each parent shall have a reasonable period of time with Brandon on his birthday or on the following Saturday for six (6) hours. 5. Father shall have three weeks of vacation during the summer consisting of one consecutive week of vacation with Brandon in the months of June, July and August. It is further agreed by the parties that Father may have the option of two (2) consecutive weeks of vacation in August. Father shall give Mother 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a i telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. This Order is entered pursuant to a Custody Conciliation Conference. 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. For ed9.. r lam( f J. D. tribution: elaine Baturin, Esq., 2604 North Second Street, Harrisburg, PA 17110 e nette Gipe, 440 3rd Street, West Fairview, PA 17025 ?John J. Mangan, Esquire yes rnaA LCL to 4 ??y{ ?..,s7 ti ?3 1. ??.+ -? ? ?} '? + ??LV At ? .?`',... Y' r°+^ Ll- HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 8:30 m Mother Father Memorial Da From 9 am until 8:30 m Mother Father Independence Da From 9 am until 8:30 m Father Mother - Labor Da From 9 am until 8:30 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From after school Wednesday, or Father Father Half 5:00 pm, until Thursday 2:00 pm on Thanksgiving Da Thanksgiving 2" From 2 pm on Thanksgiving Day to Mother Mother half noon the day after Thanksgiving Da Christmas 1 S Half From 9:00 am 12/24 to 8:30 pm on Father Father 12/24 Christmas 2" Half From 8:30 pm 12/24 through Mother Mother Christmas Da New Year's From 9 am 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination Mother's Day I From 9 am until 8:30 m Mother Mother Father's Day I From 9 am until 8:30 m Father Father BRIAN K. HARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, No. 09-2213 CIVIL ACTION LAW JEANNETTE D. GIPE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Brandon Keith Hamer 08/21/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2009 with the following individuals in attendance: The Mother, Jeannette Gipe, pro se The Father, Brian Hamer, with his counsel, Madelaine Baturin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Cus o Conciliator