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HomeMy WebLinkAbout09-5860DAVID JOHN BOSAK, V. Plaintiff VALERIE JEAN HARTMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- SiG o CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is David John Bosak, (Father). Father resides at 356 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013 but will be moving to 250 Maclay Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Defendant is Valerie Jean Hartman, (Mother). Mother resides at an unknown address in Mechanicsburg, Cumberland County, Pennsylvania 17055 and is expected to return to the 356 Hollowbrook Drive address by mid-September, 2009. 3. Father seeks primary custody of the minor child: Name Present Residence Age Emma Grace Bosak unknown street address 12.29.04 DOB, 41/z yrs old Mechanicsburg, PA 17055 Emma was born out of wedlock. Emma is presently in the custody of Mother. During her lifetime, Emma has resided with the following persons and at the following addresses: Name Address Date David Bosak 356 Hollowbrook Drive birth - 8.15.09 Valerie Hartman Carlisle, PA 17013 Donald Hartman Valerie Hartman unknown street address Stephanie Hartman Mechanicsburg, PA Husband of Stephanie Hartman Donald Hartman The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Stephanie Hartman Unknown Name Donald Hartman 8.15.09 - present Relationship Daughter from prior relationship Son-in-law married to Stephanie Son from prior relationship Emma Bosak Daughter with David Bosak 5. Father currently lives alone but when he moves to the Harrisburg address, he will reside with: Name Emeric L. Bosak Relationship Paternal Grandfather 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Emma in this or another court. 7. Father has no information of a current custody proceeding concerning Emma pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Emma or claims to have custody or visitation rights with respect to Emma. 9. The best interest and permanent welfare of Emma will be served by granting the relief requested for reasons including, but not limited to the following: a) Father actively participated in medical appointments during Mother's pregnancy and was present for Emma's birth. b) Since Emma was born, Father was a stay-at-home parent and was Emma's primary caretaker, providing for Emma's educational, mental, emotional and physical needs. c) Father will be leaving the residence he shared with Mother and will be living in a residence that is a safe and nurturing environment in which to continue to act as Emma's primary caretaker. d) Father has all the necessary items to care for Emma on a full time basis. e) Father will be living with Paternal Grandfather who is also willing to help provide for Emma's care. f) Father is committed to maintaining and nurturing the father/daughter relationship that he has developed over the past four years as Emma's primary caretaker. g) Father is willing to work with Mother to co-parent Emma and will communicate with Mother to best serve Emma's interests. h) Mother is not acting in Emma's best interest in ways including but not limited to the following: i) Mother has not been as actively involved in caretaking responsibilities for Emma and is frequently out pursuing social activities that keep her away from home until the early morning hours. ii) Mother has a history of excessive alcohol use and has frequently stayed out after she is finished with her work shift to drink and spend time with friends. iii) Mother has been physically and verbally abusive to both Father and Emma, causing Father concern for Emma's well-being. iv) Mother snatched Emma from the residence shared with Father under the ruse of an errand to Walmart. After Mother and Emma left, a constable arrived and served Father with eviction paperwork. V) Mother has deliberately acted in a manner to interfere with Father's healthy father/daughter relationship with Emma and Father fears that when Mother and Emma return to the residence the parties had shared until recently, that Emma will be led to believe that Father left her. 11. Every person with rights to custody or having actual physical custody of Emma has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Emma. 2) Grant Father primary physical custody of Emma. 3) Grant Mother periods of partial custody with Emma. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Emma. 5) Any further relief that this Court finds to be just and proper, Respec ly submitted, LIO ssica Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, DAVID JOHN BOSAK, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: DAV D JOHN BOSAK RU C. OF 2u9 AJ3 26 M 1: 37 G? ly =FP DAVID JOHN BOSAK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 58!00 CIVIL TERM VALERIE JEAN HARTMAN Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, David Bosak, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. gft'XHolst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Fit F r 23001 UG 26 i't': I : 38 ,;? JI '7 DAVID JOHN BOSAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VALERIE JEAN HARTMAN DEFENDANT 2009-5860 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 31, 2009 _ , 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 _ Thursday, October 01, 2009 at 9:30 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: ls/hcqueline M. Verney, 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 Fr ^ + a r;Y 2009 AUG 3 ! PH 3: ; CUi?' ?w David John Bosak, Plaintiff v. Valerie Jean Hartman, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 2009-5860 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE I, ~c~ h ~^ ~ • ~P ~l % r~i~ do hereby swear that I have served Valarie Jean Hartman with a Custody Complaint by personally handing her a copy at Qn~,~Ar~ tai or1 ~~ '~51 ~- 2~'ru , s ~~~i l LAS (Street Number and Address) ~,IDL~ ~~ 1'7 O Z~ (City) (State) (Zip) at Z y' ~ ~ ~.m. on the I ,(~ Ti-~ day of ~ ~VI 1$~Q. , 200 9 (Time) (Date) (Month) (Year) I, ~ o ~.n . ~ ~ 1. rrl ator ~ ,verify that the statements made in this (Name of person who perfo ed service) Affidavit of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 ~ ~ ~ 1 Signature: ~ F{~~~ ~ -~ ~~i~"1 2003 SAP 2~ ~'i-~ ~~ ~ ,i X .1 a `~ ` ~ '~,' w OC~f 7 2 2009 VALERIE J. HARTMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-5646 CIVIL ACTION -LAW DAVID BOSAK, Defendant : IN CUSTODY DAVID JOHN BOSAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-5860 CIVIL ACTION -LAW VALERIE JEAN HARTMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / 3 ~ day of _~~~ ~ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cour Room No. y , of the Cumberland County Court House, on the 3 p~ day of , 20~, at fd~ ~~Q'd 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 thereot: 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 wiih regard to the minor child. Each parent shall be entitled to full and complete information ti-om 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 s11a11 have primary physical custody of the child. 5. Fathe-• 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. Alter~;ating 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. Holidati•s: 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. 1Vlutller 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 Father's 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. Eacll 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: abeth B. Stone, Esquire, counsel for Mother ~~ M. Matash, Esquire, MidPenn Legal Services, counsel for Father II~ CO~ t E'. S rh.~. ~l~l.~ ~"! ~~! U ! ~~ VALERIE J. HARTMAN, Plaintiff V. DAVID BOSAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-5646 CIVIL ACTION -LAW IN CUSTODY DAVID JOHN BOSAK, Plaintiff V. VALERIE JEAN HARTMAN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-5860 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. Date =Jacqueline M. Verney,- Esquire Custody Conciliator FILE~'~r- ~ T ~=i ~`~ 2~~9 OC s i 3 Fi 3~ 40 fa ti .,t, , Cwt: ;~~~