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HomeMy WebLinkAbout06-0704RASHAAN M. ELAM, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW n No. oco - ~Gy l~i~~C~~rz.'-~-~ JASON E. HOBBLE, . Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, RASHAAN M. ELAM, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE and files the within Complaint for Custody as follows: 1. The Plaintiff is RASHAAN M. ELAM, an adult individual, residing at 70 West South Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is JASON E. HOBBLE, an adult individual, residing at SCI Camp Hill, P.O. Box 200, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Residence Awe Lashaan M. Hobble 70 West South St., Apt. 2 5 Carlisle, Pennsylvania The child was born out of wedlock to Plaintiff and Defendant. The child has resided with the Plaintiff, RASHAAN M. ELAM, at 70 West South Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania for the last four (4) years. The child is presently in the custody of Plaintiff, RASHAAN M. ELAM, who resides at 70 West South Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. The mother of the child is RASHAAN M. ELAM, currently residing at 70 West South Street, Apt. 2, Cazlisle, Cumberland County, Pennsylvania. She is single. The father of the child is JASON E. HOBBLE, currently residing at SCI Camp Hill, P.O. Box 200, Camp Hill, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the child. 5. The relationship of Defendant to the child is that of Father. The Defendant currently is incarcerated. 6. Plaintiff has not participated as a party or witness, or in another capacity, in any other litigation conceming the custody of the child. Plaintiff has no information of a custody proceeding conceming the child pending in a court of this Commonwealth or any other state. 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 interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff is ready, willing and able to provide a stable home environment for the child. 8. Each party 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 this Honorable Court to grant her legal and primary physical custody of the subject minor child. (• 31 • b` DATED: Respectfully submitted, K.a,.~. a: ~.e..~..-, ROBERT B. LIEBERMAN, ESQUIRE 500 North 3`d Street, 12`h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint fox Custody are true and conect based upon my persona] knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: ~' 3 ~' 0 6 ~~.~ ~2 ~~. Rashaan M. Blain, Plaintiff 1 "' ~`~* N 1~ ~ ~' ~ C 'C~ ~ r? <=) ca T1 r_^ .a ^~l L T r + TY ; Y -~ 1 <, ~ ,~, ;° ' <<: ;f„ .'- ; y.. ~ ~, % . "}~ i~ ~ ~ti RASHAAN M. ELAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUN'T'Y, PENNSYLVANIA V. • 06-704 CIVIL ACTION LAW JASON E. HOBBLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _ _ Tuesday, February 07, 2006,,, upon co~isideration 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 Tuesday, February, 28, 2006 at 8:30 AM for aPre-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 ale five or older may also be present at the conference. Failure fo 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, Tay: /s/ Jacqueline M, Verney. E~.~ ",n_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law [o 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 cantact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. [F YOU DO NOT HAVE AN A"fTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT}I 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 ~~ ~~ ~ ~ ~ , ~~ ~~~ ~1t~ ~ ~- ~C? ~ ~' ~G~ ~ h~~~:~ ~ -~,.r ,;~. r ~ ; ;i, ;','~ Ca _. "~~ ,, '}~i ~•~ vJ ~~ hit^" 1 ~-- t RASHAAN M. ELAM, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : 06-704 CIVIL ACxION LAW JASON E. HOBBLE, , Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, JASON E. HOBBLE, acknowledge receipt of the Complaint fox Custody filed in the Prothonotary's Office of Cumberland County on February 3, 2006. In addition, I also acknowledge receipt of the Order of Court scheduling apre-hearing custody conference with Jacqueline M. Verney, Esquire, on Tuesday, February 28, 2006 at 8:30 A.M. in the Cumberland County Courthouse. ' lw~~ _ ~~ Wi ess ~ ~ bk Dated a l ~710~~ Date A.P}~ Y ~ 2006 RASHAAN M. SLAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-704 CIVIL ACTION -LAW JASON E. HOBBLE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~,day of , 2006, upon consideration of the attached Custody Canciliatio Report, it is ordered and directed as follows: 1. The Mother, Rashaan M. Elam shall have sole legal custody of Lashaan M. Hobble, born Apri15, 2000. 2. Mother shall have primary physical custody of the child. 3. Once released from prison, Father shall have periods of partial physical custody of the child at times as agreed by the parties. 4. 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. cc~bert B. Lieberman, Esquire, ~ason E. Hobble, pro se D.O.C. # EF-4087 P.O. Box 200 Camp Hill, PA 1 701 1-0200 ~ ~~o~ o'~ BY THE COURT, APE2 1 2 20061/m RASHAAN M. ELAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-704 CIVIL ACTION -LAW JASON E. HOBBLE, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY EQ CUSTODY OF Lashaan M. Hobble Apri15, 2000 Mother 2. A Conciliation Conference was held in this matter on April 11, 2006, with the following in attendance: The Mother, Rashaan M. Elam, with her counsel, Robert B. Lieberman, Esquire. Father is incarcerated in Camp Hill Prison and did not appear, nor was he represented by counsel. 3. Mother requested an Order in the form as attached. y-~~ -ow ~ ~, ~~ Date acq ine M. Verney, Esquire Custody Conciliator IN THE ~P OF ~NM~N PLEAS OF Ci~IAPD ~UNI.'Y, PELI~YLVANIA ) RASE]AAN SCAM, ) ) pri-i-nrr~-~ ) V• ) L~lUlrffit 2006-704 CIVIL ACi'ION-LAW ) nv CiIS`1tiDY JA90N E. ERIE ) I~DiANP ) EDPDRABLE Ji~]GE J. WESLEY OLER JR. "R~S'i' EC1R JiDICIAL Il~lI~]" ~S I~7W:: the Defendant, JASON E. HOBBLE, in reference to the above captioned matter, who respectfully petitions this Honorable Court for judicial intervention due to the intent of the Plaintiff to disregard the Order of this court dated April 13, 2006, and submits the following in support thereof:: (1) Petitioner submitted a letter (Copy Enclosed) to attorney for the Plaintiff prior to the set hearing date. In stated letter were certain stipulations that the petitioner felt important to stress. Referring to the fifth paragraph and quoting. "I WODID ~ CURSE Il~.SIST THAT MY 9014 1~AT BE RE{~DVED FR{~I THE STATE ~' PA. THAT HE BE ALIOWID 70 VISIT WI'1H MY NDTEIH2, HIS QtA1lDND-i'Hat, MRS. RII~.2LY HAWRIl~IS, WED RffiIDES AT 164 FAITH CIIiIQE, [~ARr,~srrr.~ PA. (2) During the period that Plaintiff was receiving Child Support payments she found it quite feasible to petition this Honorable Court for sole custody of the child, but, now that the support payments have been temporarily suspended by Court Order, copy en- closed„ by the Honorable Judge Edward E. Guido, Plaintiff is now attempting to shun her duties by seeking placement of the child into the NLilton Hershey School located in Hershey, Pa. opposed not only by the petitioner but family members as well. (3) Petitioner and his immediate family members have recently been notified by the Plaintiffs mother, Debra Elam that the plaintiff is presently involved in a relation- ship with another male whom has children of his own and has told the plaintiff that he has no intentions of being involved with her child and this has spurred the plain- tiff into having the child placed into stated facility. The child is now viewed by the mother as a mere inconvenience who must be placed outside of the home in order to insure her relationship. Said action not only immoral but illegal as well. (4) Petitioner would respectfully request this Honorable Court to puruue th~e~_or~gi~i.- nal petition filed by the attorney for the plaintiff. Please pay close attention to Number 7 which states and is now quoted. "TfiE ffi`P Il~1.5 AND PIITl' WFTFARF ~' THE CID WII.L HE SE1tVID BY (ZtAN~Il~ THE RELIEF' RAID B~ CAUSE PLAIN~II~' IS READY, WrrT:rrr AND ABLE ZU PRWIDE A SrABiE H~ ENVI~ EC~2 THE CfIILa. iN7F'RT.TNTi~ II~SIS ALDID (5) Ready, willing and able to provide a stable home environment for the child cer- tainly had to be a deciding factor in both the petitioners willingness to allow the mother to receive sole custody, and the courts findings that it is in the best inter- est of the child. The main issue has always been the best interest of the child so rather than uproot the child from the family members that he loves, all of whom love him and have been so much a part of his life merely because the child has now become a stumbling block to a relationship the mother wishes to pursue in violation of the plaintiffs own custody request and basically in violation of the Order of this Honor- able Court, the petitioner will be filing a Modification Of Custody. (6) Said Modification Of Custody shall outline specifically shared custody between Kimberly and Steven Hawkins, grandparents on the fathers side, and Debra Elam, grand- mother of the child on the mothers side. All of whom have been supportive of the child throughout his life, both morally and financially. All of whom are very set against the placing of the child outside of the family structured care. Visitation with the family members would be almost non-existant if the child is allowed to be placed in the facility sought by the mother. The plaintiff having no concern or interest in the Childs welfare is wishing to have him placed merely because he is now a hindrance to her future plans and the other family members see through this ploy and are willing to provide the structured home environment that the child both needs and deserves. (7) The grandparents on both sides are indeed capable, ready, willing and able to provide the child with a stable and loving home environment and will do so, unlike the plaintiff who merely used the wording in a petition for sole custody. Whose self interest are now best served placing the child in a facility outside the reach of the other family members who each possess a vested interest in the welfare of the child. (8) Petitioner would never have agreed with sole custody being granted had he been cognizant of the fact that the mother intended to place the child into a facility that would remoe the child from an environment permitting visitation rights guaranteed to grandparents on both sides. Had the petitioner or other family members been aware of such a strategy they themselves would have petitioned the court for custody. NEE:: the petitioner, father of the child, respectfully requests this Honorable Court to intervene on behalf of the Childs best interests, thus issuing a temporary restraining order or injunction, prohibiting the mother of the child from placing him in this or any facility which removes him from the home environment until which time a Nbdified Custody Petition is filed and heard before the court. The courts sple interest is the welfare of the child, and the welfare of the child would be im- morally and illegally deprived were the placement be allowed. Respectfully Submitted, -~ JASON E. HOBBLE Dated ~ 2007 VII2IF'ICATION I, Jason E. Hobble, petitioner in the foregoing request For Judicial Intervention aver that the statements made therein are true and correct based upon my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, regarding unsworn falsification to authorities. JASON E. HOBBLE DATED ~~ 2007 PROG~' OE' SIItVICE Petitioner avers that Plaintiff has since the court order moved to another location, and has seen fit to deny the petitioner the address, thus petitioner is sending a copy to her attorney of record Robert B. Lieberman 500 N 3rd. St. 12 Flr. P.O. Box 1004 Harrisburg, Pa. 17107-1004 E+~2. 8. ISEBE~MAN, ~~ scm r~Tx 3n~. sir ~ 2th. P.U. BUX 1004 BA2RIG. Pk~IA. 17108-t 404 xte: JA~t~t BIDE U.O.C,# EF 4087 P.O. HOX 244 GAME' HILL, PIA. 17001-0244 GASS 45~-744 :IVIt, AGFIE~1 L~'~l IN CUS1t4DY Mr. Liebermaix, I aoa writing this letter prior to the H Date for April tt, 2005. Ooocerniz~ the Custody tbnciliatiax Conference set for 14:31? A~. M. As far as i a~a cored; there are na bitter issues on my ~ c~oexn- ing t;~ r~3othes of mY scxx. I have ab~scalutely m p~l~ with :xer berg graixted cus±:ociy of my soon, Lashaan Hobble prawrit~d of c7aurse his ,ir, Etashaan Elam agrees to certain stipnxlati~s in regas~ds to visitation rights nat only for myself upon my eventual release frae incaroeratiorx, but visitation rights for my family as well. In acxe form or ~ I have been a ~a~ct of mY sons life sine his birth, and this is a fact that his mother cannot disExxte, ~ family .has alwal+s Pr'o- vidsd for hi,~ a:~ °~ill auxtir try do so. I of tours:: cxxce rel.ease~l will do ~ utmost as a father to ~rrxvide for him materially and e~t#.c~nally. I would of c~xvcse insist that my socx not be r froc0 the state of Pa. That he be allaweci to visit with my mother, his gra-x'~aother, Mrs. Kimberly Hawkins, who resides at 164 Faith Gircle, in Carlisle, Pa. That I be granted visitatic~c- privileges once T asa ~celeased and allawea to build afather-sag relati~ship without interf. Othet than these stipulations 3 have no problem with his c~t2~r b~ein~ granted custody. Hopefully this matter can now be re~solvad. ~-' t... , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMES'T'IC RELATIONS SECTION RASHAAN M. ELAM ) Docket Number 0 0 6 7 9 5 2 0 0 2 Plaintiff ) vs. ) PACSES Case Number 052104732 JASON E. HOBBLE ) Defendant )Other State ID Number Order AND NOW to wit, this JANUARY 22, 2007 it is hereby Ordered that: DUE TO THE DEFENDANT BEING INCARCERATED AND HAVING NO MEANS FROM WHICH TO PAY SUPPORT, THE ORDER OF COURT IS SUSPENDED AS OF JANUARY 16, 2007, WITH ARREARS OF $3,000. DUE THE DEPARTMENT OF WELFARE, AND $1414.52, DUE THE PLAINTIFF. THE CASE HAVING MET THE CRITERIA FOR TERMINATION UNDER 45 CFR SEC 303.11 OR PA R.C.P. 1910.19 (f), THE ORDER IS SUSPENDED AND THE ARREARS ARE DISMISSED WITHOUT PREJUDICE. THIS ORDER SHALL BECOME FINAL TWENTY DAYS AFTER THE MAILING OF THE NOTICE OF THE ENTRY OF THE ORDER TO THE PARTIES UNLESS EITHER PARTY FILES A WRITTEN DEMAND WITH THE DOMESTIC RELATIONS SECTION FOR A HEARING DE NOVO BEFORE THE COURT. BY THE COURT: ~, ~;y.. ,~. ~ Edward E. Guido, JUDGE DRO; S.S. Kreitzer Form 0E-001 Service Type M Worker ID 21103 ~3 ~^• " ~ ~" ~`' c' Gl - _ l t t=~' ~: C C:.7 ~` .~.- W L~ ~~ ~ ~i U- ~ ,~~ y ~ LL Q ~y~ J C-a c~ ~.~