Loading...
HomeMy WebLinkAbout04-5565ANITA BUTCHER, Plaintiff, MICHELLE L. BUTCHER and JOHN E. HAINSWORTH, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLffqTY, PENNSYLVANIA · NO. 2004 '-~"ff~,.~ : : CWIL ACTION - LAW : CUSTODY/VISITATION COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Anita Butcher, by and through her attomeys, Caldwell & Kearns, and respectfully represents as follows: 1. Plaintiff, Anita Butcher, is an adult individual currently residing at 316 4th Street, P.O. Box 254, Summerdale, Cumberland County, Pennsylvania, 17093. 2. The Defendants, Michelle L. Butcher and John E. Hainsworth, are adult individuals, presently residing at 460 Penhale Avenue, Campbell, Ohio, 44405, 3. The following minor child is the subject of this Complaint: Name Present Address Birth Date Samantha N. Hainsworth 316 4th Street August 9, 1991 P.O. Box 254 Summerdale, PA 17093 The aforementioned child is presently in the physical custody of her grandmother, Plaintiff Anita Butcher, residing at 316 4th Street, P.O. Box 254.. Summerdale, Cumberland County, Pennsylvania, 17093. 4. During the past five (5) years, the child has resided with the following persons at the following addresses: (a) Anita Butcher, Faith Willis (Aunt) And her son, Austin Willis (DOB 6/20/03) 316 4th Street 7/6/04 to Present P.O. box 254 Summerdale, PA 17093 (b) Michelle L. Butcher, 460 Penhale Ave. 11/02 to 7/6/04 John E. Hainsworth and Campbell, OH 44405 Alexander J. Hainsworth (brother) (DOB 8/18/99) (c) Michelle L. Butcher and Marysville, PA 6/1/01 to 11/02 John E. Hainsworth and Alexander J. Hainsworth (d) Anita Butcher, Michelle Marysville, PA 2/01 to 6/1/01 L. Butcher, John E. Hainsworth, Alexander J. Hainsworth, and Faith Willis (e) Michelle L. Butcher and 9th Street 1994 to 2/01 John E. Hainsworth and Campbell, OH 44405 Alexander J. Hainsworth 5. The relationship of the Plaintiff to the subject minor child is that of: maternal Grandmother; Anita Butcher is the mother of the minor child's mother and Defendant, Michelle L. Butcher. 6. As grandmother of the minor, Samantha N. Hainsworth, Plaintiff has standing to seek custody. 7. The relationship of the Defendants to the subject minor child is that of natural father and mother. 8. Since July 6, 2004, Minor, Samantha H. Hainsworth, has been a full-time resident of the Commonwealth of Pennsylvania, living with the Plaintiff; and Plaintiff has provided and will continue to provide for all of care, financial support, housing, educational, medical and 2 personal needs of Samantha N. Hainsworth, thus establishing a significant connection with the Commonwealth of Pennsylvania. 9. Minor, Samantha N. Hainsworth has also resided with Plaintiff during each summer from 1996 to the present and as set forth more fully in paragraph four (4). 10. The Plaintiffs have not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. Plaintiffs have no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other jurisdiction. Plaintiffs do 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 the child will be served by granting the relief requested herein, to wit: shared legal custody and primary physical custody to the Plaintiff. 12. The best interest and permanent welfare of the chilcl will be served by granting the relief requested because: (a) Defendants both work late and long hours, leaw[ng Samantha to care for her younger brother, while Plaintiff has provided, mad will continue to provide, substantially more actual supervision; (b) Violence in the schools in Campbell, Ohio, where Defendants reside, has recently grown, rendering the school environment unsafe, while East Pennsboro Middle School, where Samantha N. Hainsworth is currently enrolled, provides a much safer environment; and (c) Generally poor living conditions exist in Defi~ndants' Ohio residence, due to neighborhood and school crime, which is compounded by the lack of supervision due to Defendants' heavy work schedules. 13. The Court's granting of primary physical custody to Plaintiff and shared legal custody to both parties would not interfere with the parent-child relationship of Defendants and the minor, Samantha N. Hainsworth, as continued and constant contact between Defendants and the minor is anticipated. Plaintiffhas genuine care and concern for the minor, Samantha N. Hainsworth. Defendants have consented to Plaintiff's relationship with the minor, Samantha N. 14. 15. Hainsworth. 16. 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 Anita Butcher respectfully requests this Honorable Court to grant custody to Plaintiff, the maternal grandmother of the aforementioned minor child, to wit: Samantha N. Hainsworth. 04-808/79669 Respe~lly submi~tted, Stanley J.A. Laskowski, Esquire CALDWELL & KEARNS Attorney I.D. 'No. 37422 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff Anita Butcher 4 VERIFICATION I, Anita Butcher, verify that the averments made in this Complaint 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. Dated: / 0 ' _~ 0- 0 ~ ,f ~. ~C~.~.~/ A~ita Butche~~''~ ~ ' ANITA BUTCHER PLAINTIFF MICHELLE L. BUTCHER AND JOHN E. HAINSWORTH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 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 Monday, December 06, 2004 at 1:30 PM 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. All children age five or older may also be present at the conference. 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 prio, r to scheduled hearing. FORTHECOURT. By: /s/ Meg'ssa P. Gree~_ '~ Esq, mac 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 ANITA BUTCHER, Vo Plaintiff, MICHELLE L. BUTCHER and JOHN E. HAINSWORTH, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5565 CIVIL ACTION - LAW CUSTODY/VISITATION ACCEPTANCE OF SERVICE We, the undersigned, Michelle L. Butcher and John E. Hainsworth, each accept service of the Complaint for Custody, filed November 4, 2004, in the above-captioned matter. Dated: Dated: I .,~"- I I -' O cf l¢lichelle L. Bt~tcfier ...... 460 Penhale Avenue Campbell, OH 44405 460 Penhale Avenue Campbell, OH 44405 04-808/79671 ANITA BUTCHER, Plaintiff, MICHELLE L. BUTCHER and JOHN E. HAINSWORTH, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5565 CIVIL ACTION - LAW CUSTODY/VISITATION STIPULATION OF THE PARTIES TO ENTER ORDER OF COURT AND NOW, comes Anita Butcher, by and through her attorneys, Caldwell & Kearns, and Michelle L. Butcher and John E. Hainsworth, and respectfully requests the following stipulation be entered as an order o£Court. WHEREAS, Michelle L. Butcher and John E. Hainsworth are the natural parents of Samantha N. Hainsworth, born August 9, 1991, being age 13; WHEREAS, Michelle L. Butcher and John E. Hainsworth are residents of Ohio; WHEREAS, Michelle L. Butcher and John E. Hainsworth currently maintain and shall continue their primary residence in Campbell, Ohio; WHEREAS, Samantha N. Hainsworth is one of two children with her other sibling being Alexander J. Hainsworth, who continues to reside in Campbell, Ohio; WHEREAS, Anita Butcher, has provided and attended to all of the care and financial support, housing, educational, medical and personal needs of Samantha N. Hainsworth, since July 6, 2004; WHEREAS, Michelle L. Butcher and John E. Hainsworth, desire to share legal custody and vest primary physical custody of Samantha N. Hainsworth with Anita Butcher, while she continues and completes her education in Pennsylvania, and all therefore desire to enter into this agreement. NOW THEREFORE, intending to be legally bound, the parties, upon the foregoing recitals which are incorporated herein by reference, as well the mutual promises hereinafter stated, agree as follows: 1. The natural parents, Michelle L. Butcher and John E. Hainsworth (hereinafter "Parents") and Anita Butcher (hereinafter "Custodial Parent") shall share legal and physical custody of the child, Samantha N. Hainsworth, born August 9, 1991. All decisions affecting the child's growth and development: i.e. choice of schools; medical and dental treatment; psycho-therapy; psycho-analysis; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody litigation; education, both secular and religious; athletic pursuits and extra-curricular activities; and social activities shall be considered major decisions and shall be made by the Parents and Custodial Parent jointly, after reasonable discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. The Parents and Custodial Parent shall keep each other informed of the progress of the child's education, social adjustments and other conditions. The Parents and Custodial Parent shall not impair the other's right to shared legal or physical custody of Samantha N. Hainsworth. Each Parent and Custodial Parent shall give support to the other in their role as their Parents and Custodial Parent and to take into account the consensus of the other for the physical and the emotional well-being of the child. 2 3. While in the presence of the child, neither Parents nor Custodial Parent shall make, or permit other persons to make, any remarks or do such things as could be in anyway be construed as derogatory or uncomplimentary to the Parents or Custodial Parent. It shall be the express duties of each Parent and Custodial Parent to uphold the other as one whom the child should respect and love. 4. It shall be the obligation of each Parent and Custodial Parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to anticipate in the plan provided herein. 5. Each Parent and Custodial Parent shall have the duty to notify the other of any events or activities that could reasonably be expected to be of significant concern to the other. 6. The Parents and Custodial Parent shall use their best efforts to communicate directly with one another concerning any parenting issues requiring consultation and agreement regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither the Parents nor the Custodial Parent shall discuss with the child any proposed changes to the physical custody schedule or other issues requiring consultation, prior to discussing the matters and reaching an agreement with the other. 7. With regard to emergency decisions which must made, the Parents or Custodial Parent with whom the child is physically residing at the time shall be permitted to make such decisions necessitated by the emergency without consulting the other Parents or Custodial Parents in advance; however, that Parents or Custodial Parents shall inform the others of the emergency and consult with the other Parents and Custodial Parents as soon as possible. Day to day decisions of a routine nature will be the responsibility of the Parents or Custodial Parent respectively having physical custody at that time. 8. Parents and Custodial Parent shall be entitled to complete and full information from any doctors, dentists, teachers or other authorities and have copies of any reports given to them. Such' docmnents include, but are not limited, medical reports, academic and school report cards, birth certificates, etc. Both Parents and Custodial Parent may and are encouraged to attend all school and other functions and activities. Custodial Parent's name shall be listed with the school as the persons to be contacted in the event of an emergency and to be notified regarding school events. It shall be the Custodial Parent's responsibility to provide the Parents with copies of report cards and all notifications of school conferences and events. 9. Neither the Parents or Custodial Parent shall schedule activities or appointments for the child which would require her attendance or participation at such activities or appointments during a time when she is scheduled to be in the physical custody of the other without the Parents or Custodial Parents respective express prior approval. 10. The parties shall share physical custody of the child, according to the following schedule and at such other times that may be mutually agreed: a) Anita Butcher, shall have primary physical custody of Samantha N. Hainsworth; and b) Michelle L. Butcher and John E. Hainsworth shall have reasonable, periods of partial physical custody during the summer months when school is not in session, holidays, school breaks and any and all such other times as the parties may mutually agree. 11. Transportation of Samantha N. Hainsworth between Pennsylvania and Ohio shall be shared equally between the parties or as they may otherwise mutually agree. 4 12. The Parents shall be afforded reasonable telephone, mail and other contact, as they may desire and request, with Samantha N. Hainsworth. The parties enter into this agreement of Stipulation this ~0~day of j_~t, ~.~c.~ 2004 and request your Honorable Court to enter an order whereby the Stipulation shall become an order of and shall be enforceable by yoar Honorable Court. WITNESS: '~~E.~'''~ MichelleHainsworthL. Butcher[.,. ~-....~ ' 04-808/79673 Distribution: Anita Butcher, 316 4th Street, Michelle L. Butcher & John E. Stanley J. A. Laskowski, Esq., P. O. Box 254, Summerdale, PA 17093 Hainsworth, 460 Penhale Avenue, Campbell, OH 44405 3631NorthFront Street, Harrisburg, PA 17110-1533 JAN 1 3 l005pri Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5565 CIVIL TERM CIVIL ACTION - LAW ANITA BUTCHER, v. MICHELLE L. BUTCHER and JOHN E. HAINSWORTH, IN CUSTODY Defendants ORDER TO RELINQUISH JUR:ISDICTION AND NOW, this 10th day of January, 2005, counsel for the parties having requested a thirty (30) day continuance on December 2, 2004, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR TH~RT: : IJ-R~ elissa Peel Greevy, Esquire Custody Conciliator :242381 " " l.Z:1 uJ "1 j N\lr JAN 1 3 2005:t JAM 11 20n5 F Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANITA BUTCHER, v. NO. 04-5565 MICHELLE 1. BUTCHER and JOHN E. HAINSWORTH, Defendants. CIVIL ACTION - LAW CUSTODY /VISIT A TION ORDER OF COURT, AND NOW, this ---h- day 0~20.2J~nsideration of the Agreement reached between the parties above-captioned, and it being determined and agreed that such Stipulation is in regard to and for the best interest and welfare of the minor child, Samantha N. HainswOlih, it is hereby ORDERED AND DECREED as follows: 1. The natural parents, Michelle 1. Butcher and John E. Hainsworth (hereinafter "Parents") and Anita Butcher (hereinafter "Custodial Parent") shall share legal and physical custody of the child, Samantha N. Hainsworth, born August 9, 1991. All decisions affecting the child's growth and development: i.e. choice of schools; medical and dental treatment; psycho-therapy; psycho-analysis; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody litigation; education, both secular and religious; athletic pursuits and extra-curricular activities; and social activities shall be considered major decisions and shall be made by the Parents and Custodial Parent jointly, after reasonable discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. The Parents and Custodial Parent shall keep each other informed of the progress of the child's education, social adjustments and other conditions. The Parents and Custodial Parent shall not impair the other's right to shared legal or physical custody of Samantha N. Hainsworth. Each Parent and Custodial Parent shall give support to the other in their role as their Parents and Custodial Parent and to take into account the consensus of the other for the physical and the emotional well-being ofthe child. 3. While in the presence ofthe child, neither Parents nor Custodial Parent shall make, or permit other persons to make, any remarks or do such things as could be in anyway be construed as derogatory or uncomplimentary to the Parents or Custodial Parent. It shall be the express duties of each Parent and Custodial Parent to uphold the oth,~r as one whom the child should respect and love. 4. It shall be the obligation of each Parent and Custodial Parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to anticipate in the plan provided herein. 5. Each Parent and Custodial Parent shall have the duty to notify the other of any events or activities that could reasonably be expected to be of significant concern to the other. 6. The Parents and Custodial Parent shall use their best efforts to communicate directly with one another concerning any parenting issues requiring consultation and agreement regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither the Parents nor the Custodial Parent shall discuss with the child any proposed changes to 2 the physical custody schedule or other issues requiring consultation, prior to discussing the matters and reaching an agreement with the other. 7. With regard to emergency decisions which must made, the Parents or Custodial Parent with whom the child is physically residing at the time shall be pemlitted to make such decisions necessitated by the emergency without consulting the other Parents or Custodial Parent in advance; however, that Parents or Custodial Parent shall inform the others ofthe emergency and consult with the other Parents and Custodial Parent as soon as possible. Day to day decisions of a routine nature will be the responsibility of the Parents or Custodial Parent respectively having physical custody at that time. 8. Parents and Custodial Parent shall be entitled to complete and full information from any doctors, dentists, teachers or other authorities and have copies of any reports given to them. Such documents include, but are not limited, medical reports, academic and school report cards, birth certificates, etc. Both Parents and Custodial Parent may and are encouraged to attend all school and other functions and activities. Custodial Parent's names shall be listed with the school as the persons to be contacted in the event of an emergency and to be notified regarding school events. It shall be the Custodial Parent's responsibility to provide the Parents with copies of report cards and all notifications of school conferences and events. 9. Neither the Parents or Custodial Parent shall schedule activities or appointments for the child which would require her attendance or participation at such activities or appointments during a time when she is scheduled to be in the physical custody of the other without the Parents or Custodial Parent respective express prior approval. 3 10. The parties shall share physical custody of the child, according to the following schedule and at such other times that may be mutually agreed: a) Anita Butcher, shall have primary physical custody of Samantha N. Hainsworth; and b) Michelle L. Butcher and John E. Hainsworth shall have reasonable, periods of partial physical custody during the summer months when school is not in session, holidays, school breaks and any and all such other times as the parties may mutually agree. 11. Transportation of Samantha N. Hainsworth between Pennsylvania and Ohio shall be shared equally between the parties or as they may otherwise mutually agree. 12. The Parents shall be afforded reasonable telephone, mail and other contact, as they may desire and request, with Samantha N. Hainsworth. Distribution: " Anita Butcher, 316 4th Street, P. O. Box 254, Summerdale, PA 17093 ~"" ~"- Michelle L. Butcher & John E. Hainsworth, 460 Penhale Avenue, Campbell, OH 44405 i. JS, OJ' Stanley J. A. Laskowski, Esq., 3631 North Front Street, Harrisburg, PA 17110-1533 y.-, 4 r::', t2::,~.: f.=.: ti_ C) - ("0 (--.J .o-!_ 0_ -0 ~ "..) ~ '_:'::;' L'~~'l .;,-.-.1 ')..' ._'.J U v