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HomeMy WebLinkAbout09-5646P F:\DOCS\FL\CUST\Hartman.Valerie - Complaint for Custody.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF (VALERIE J. HARTMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7? LNr !DAVID BOSAK, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is VALERIE J. HARTMAN, an adult individual, residing at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is DAVID BOSAK, an adult individual, residing at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of EMMA GRACE BOSAK who resides at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013, is four (4) years of age having been born on December 29, 2004. The child was born out of wedlock. The child is presently in the custody of plaintiff, VALERIE J. HARTMAN, who resides at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. During the past four years, the child has resided with the 'following persons and at the following addresses: NAME ADDRESS DATES :l Valerie J. Hartman 356 Hollowbrook Drive birth-present Carlisle, PA 17013 David Bosak 356 Hollowbrook Drive birth-present Carlisle, PA 17013 The mother of the child is Valerie J. Hartman, currently residing at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the child is David Bosak, currently residing at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: NAME Emma Grace Bosak Donnie Hartman RELATIONSHIP Subject child Son S. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons : NAME n/a RELATIONSHIP 6. 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 another court. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves. (c) Mother has worked at the same employment for the last 17 years and has worked the same consistent schedule for years as well, thus providing a stable and consistent environment for the child. (d) Father has been unemployed for several years and has provided no income to the relationship for the last four years, thus he will not be able to financially provide for himself, let alone their daughter, the subject minor child. (e) Father is estranged from his own family and has continuously attempted and been successful in alienating the Mother's other children from their sister and Mother. (f) Father is verbally and emotionally abusive to both the minor child and the Mother, thus Mother seeks to limit the time spent with the child to lessen the damage done. (g) The minor child is enrolled into Pre-K at a local pre-school program and will be well taken care of during three days a week beginning in September. (h) Mother is fearful that Father will attempt to take the child and may use force to accomplish this deed. (i) Father has no other outside interests other than sitting on the couch all day and playing on the computer or watching television while pretending to watch the child on a 3 acre lot. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the child. STONE LaFAVER & SHEKLETSKI Date: p ? - EL B STONE, ESQUIRE S me C rt,. I.D. #60251 4 Bri e Xreet, P.O. Box E New C land, PA 17070 Tel o (717) 774-7435 Attoy'heXs for Plaintiff V E R I F I C A T I O N VALERIE J. HARTMAN states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. VALERIE J. HARTMAN Date: O ?a' ?/ MM O SHE PROTIJ MTARY M AUG 13 PH 4: 11 CUMERLMD COUNTY PEWSYLVANIA ??096R-- F:\DOCS\FL\CUST\Hartman.Valerie - Fraecipe to Reinstate Custody Complaint.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF VALERIE J. HARTMAN, Plaintiff v. DAVID BOSAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5646 CIVIL ACTION - LAW . IN CUSTODY PRAECIPE TO REINSTATE COMPLAINT UNDER Pa.R.C. Rule 401 TO THE PROTHONOTARY: Please mark the Complaint for Custody filed in this matter reinstated. Date: 1 r,` 10 \ STONE LAFAVER & SHEKLETSKI Eli beth B. Stone, Esquire Supreme Court ID # 60251 vxftkllSS 414 Bridge Street New Cumberland, PA 17070 Telephone (717) 774-7435 Attorneys for the Plaintiff ar? OF 2004 OCTHE PF6P4S&ARY T -1 PM 2.-58 vV1YtiJ?. .i "'S?I Ati .. `? ..e 4'..JUf?7 i P P . 41o.oo Po ATtf ct,* 456,50 RT?`a31.?3? OCT 1 2 2009 VALERIE J. HARTMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5646 CIVIL ACTION - LAW DAVID BOSAK, Defendant : IN CUSTODY DAVID JOHN BOSAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5860 CIVIL ACTION - LAW VALERIE JEAN HARTMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / 3 r6 day of lJ 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou Room No. , of the Cumberland County Court House, on the 3 0 day of .200y , at o'clock, $. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Valerie J. Hartman and the Father, David Bosak, shall have shared legal custody of Emma Grace Bosak, born December 29, 2004. Each parent shall have an equal right. to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. Father shall have the following periods of partial physical custody of the child: A. Beginning October 9, 2009, alternating weekends from Friday at 9:30 a.m. to Sunday at 5:00 p.m. B. Alternating Fridays from 9:30 a.m. to 5:00 p.m. C. The first and third Tuesday of every month overnight, from 2:45 p.m. or after school, whichever is earlier, to Wednesday at 5:00 p.m. or the start of school. which Father shall transport the child to. 6. Holidays: A. Thanksgiving shall be shared and alternated by the parties. Block A is from Tuesday after school to Thursday at 3:00 p.m. and Block B is from Thursday at 3:00 p.m. until Sunday at 5:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. B. Christmas shall be shared and alternated by the parties. Block A shall be from 1:00 p.m. on Christmas Eve to 1:00 p.m. on Christmas Day. Block B shall be from 1:00 p.m. Christmas Day to 1:00 p.m. on December 26. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared and alternated by the parties, 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. D. Mother shall have physical custody of the child on Mother's Day from 8:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Fathers Day from 8:00 a.m. to 5:00 p.m. 7. Transportation shall be shared such that the receiving party shall transport, unless otherwise provided herein. 8. There shall be reasonable telephone contact that is limited to one phone call per day. 9. Each party shall be entitled to two non-consecutive weeks in the summer provided they give notice to the other party by May 31 of every year. 10. 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. BY THE COURT, J. cc: izabeth B. Stone, Esquire, counsel for Mother ick M. Matash, Esquire, MidPenn Legal Services, counsel for Father LL lD/???Oq VALERIE J. HARTMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5646 CIVIL ACTION - LAW DAVID BOSAK, Defendant : IN CUSTODY DAVID JOHN BOSAK, Plaintiff V. VALERIE JEAN HARTMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5860 CIVIL ACTION - LAW : IN CUSTODY 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emma Grace Bosak December 29, 2004 Mother 2. A Conciliation Conference was held October 9, 2009 with the following individuals in attendance: The Mother, Valerie J. Hartman, with her counsel, Elizabeth B. Stone, Esquire, and the Father, David Bosak, with his counsel, Nick M. Matash, Esquire, MidPenn Legal Services. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends and overnights on alternating Tuesdays. Mother asserts that Father is abusive and has an alcohol problem. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having alternating weekends and Tuesday and Thursdays overnights. Father maintains that he is the stay-at-home Dad and has cared for the child primarily since birth. He asserts that Mother has kept the child from him since August, 2009. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parties shared legal custody, Mother primary physical custody and Father alternating weekends and alternating Tuesdays overnight. It is expected that the Hearing will require one day. /,U Date acqu line M. Verney, Esquire i Custody Conciliator FILET, - ==i Hr' OF H R?"-)..;.;y,N!lo ?Y 2009 O0T 13 P i 3: 4 0