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HomeMy WebLinkAbout02-2748LESLIE J. LOPER, Plaintiff, VS. ALEXANDER S. KASCHOCK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Leslie J. Loper, by and through her attorney, Heather L. Harbaugh, Esquire, files a Complaint For Custody against Defendant, Alexander S. Kaschock, and in support thereof, avers the following: 1. Plaintiff is Leslie J. Loper, Mother, who currently resides at 25 College Hill Road, Enola, Cumberland County, Pennsylvania. 2. Defendant is Alexander S. Kaschock, Father, who currently resides at 619 Erford Road, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Hannah J. Loper 25 College Hill Road, Enola, PA 4 months 4. The child was born out of wedlock. 5. The child, Hannah J. Loper, is presently in the custody of Mother, Leslie J. Loper, who currently resides at 25 College Hill Road, Enola, PA. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Address Dat~ Mother 25 College Hill Road, Enola, PA Birth-Present 7. The Mother of the child is Leslie J. Loper, who currently resides at 25 College Hill Road, Enola, PA. 8. The Father of the child is Alexander S. Kaschock, who currently resides at 619 Erford Road, Camp Hill, PA. 9. The parties are not married. 10. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following person: Person Ronald L. Loper Judith D. Loper 11. currently resides with the following persons: Person Relationship Unknown Father Mother The relationship of Defendant to the child is that of Father. Defendant 12. Plaintiff and Defendant have 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. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant 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. 15. The best interests and permanent welfare of the child, Hannah J. Loper, will be served by granting the relief requested, inter alia, because the Plaintiff/Mother has been one of the child's primary caretakers. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. Name Address Ba~ NONE WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting her shared legal custody and primary physical custody, with Defendant/Father to have liberal partial physical custody. Respectfully Submitted, Dated: By: Hea~er L. Harbaugh, Esquire/' 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Leslie J. Loper, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ,;~-,,~-~, LESLIE J. LOPER PLAINTIFF V. ALEXANDER S. KASCHOCK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2748 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesday, June 11, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Tuesday, July02,2002 at 11:30 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. 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 prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esa, ,)f]F'''~ Custody Conciliator - I/ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~NVA'IASNN~c! A]J~NO0 (]~I~NO A~IONOHiO'~:~ 7Hi JO LESLIE J. LOPER, * Plaintiff * vs. * NO. 02-02748 ALEXANDER S. KASCHOCK, * CIVIL ACTION - LAW Defendant * CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 1 lth day of June, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly swom according to law, deposes and says that on June 7, 2002, she mailed a certified copy of a Complaint in Custody, by certified mail, return receipt requested, to Alexander S. Kaschock, Defendant, 619 Erford Road, Camp Hill, PA 17011, and the same was received by him on June 10, 2002 as indicated by the return receipt card which is attached hereto. Sworn to ~ subscribqd before me on this [I day of .~)~ , 2002. ot~. e~b-li~ i .... Notarial Seal MMty D. Lehman, Notary Publlo Harrisburg, Dauphin Courtly (~3RIrnission Expires Aug. 2, 2004 If YES, enter dellve~y ~kf~e~ beknv: ~lNo [] Irm~ed ~ [3 C.O.D. LESLIE J. LOPER, Plaintiff VS. ALEXANDER S. KASCHOCK, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * ** NO. 02-02748 -LAW * CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Jennifer L. Frechette that on June 13, 2002, I served a tree and correct copy of the Order Custody Conciliation Conference upon Alexander S. Kaschock D same, postage pm-paid, Certified Mail, Remm Receipt Requested it Harrisburg, Pennsylvania, addressed as follows: Alexander S. Kaschock 619 Erford Road Camp Hill, PA 17011 Esquire, hereby certify of Court scheduling the efendant, by depositing . the United States Mail, dy~hive' ~ LESLIE J. LOPER, Plaintiff VS. ALEXANDER S. KASCHOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-02748 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 26th day of June, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shire, who being duly sworn according to law, deposes and says that on June 7, 2002, she mailed a certified copy of Order Scheduling a Custody Conciliation Conference, by certified mail, return receipt requested, to Alexander S. Kaschock, Defendant, 619 Erford Road, Camp Hill, PA 17011, and the same was received by him on June 22, 2002 as indicated by the return receipt card which is attached hereto. Sworn to and subscribe~[r~efore m~e on this ~ I~.~ day of ~ , 2002. otary Public - Notarial Seal Misty D. Lehman, Notary Public Harrisburg, Dauphin.Coun_~. My Commission Expires Aug. z, zuun i Con~ items 1, 2, and 3. AJ~o con~ ilem 4 if Re~flc~ De4iv~ is desired. m3 that w. can tatum the card to YOU. or on the front if space pem'dts, ). I~ d~lvIy -- frYE8, r-i In.umcl M.II LESLIE J. LOPER, Plaintiff VS. ALEXANDER S. KASCHOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this N day of ~ upon consideration of the attached Custody Conciliation Report, it is ordeYed , 2002, and directed as follows: 1. The Mother, Leslie J. Loper, and the Father, Alexander S. Kaschock, shall have shared legal custody of Hannah J. Loper, bom January 30, 2002. 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 temxs of this paragraph each parent shall be entitled to all records and info,mation pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: a. Saturday, July 13 and Stmday, July 14, 2002 from 11:00 a.m. until 3:00 p.m. at the maternal grandparents' residence. b. Saturday, July 20 and Sunday, July 21, 2002 from 11:00 a.m. until 3:00 p.m. at the maternal grandparents' residence. c. Saturday, July 27 and Sunday, July 28, 2002 from 11:00 a.m. until 3:00 p.m. at the paternal grandparents' residence. d. Saturday, August 3 and Sunday, August 4, 2002 from 11:00 a.m. until 3:00 p.m. at the paternal grandparents' residence. e. Saturday, August 10, 2002 from 11:00 a.m. until 3:00 p.m. at the Father's residence. f. Saturday, August 17 from 4:30 p.m. through Sunday, August 18, 2002 at 2:30 p.m. g. Wednesday, August 21 and Wednesday, August 28, 2002 from 11:00 a.m. until 3:00 p.m. h. Saturday, August 31 from 4:30 p.m. through Sunday, September 1, 2002 at 2:30 p.m. i. Beginning on Sunday, August 15, 2002 and continuing thereafter on alternating weekends from Sunday at 4:30 p.m. through Tuesday at 10:00 a.m. j. Beginning on Wednesday, September 11, 2002 and continuing thereafter during weeks following Sundays when the Father does not have an alternating weekly period of custody, from 11:00 a.m. until 3:00 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from Christmas Eve at 12:00 noon through Christmas Day 12:00 noon, and Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on New Years Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The alternating holiday schedule shall begin with the Mother having custody of the Child on Labor Day in 2002. During the first year of the alternating holiday schedule, beginning with the Mother having Labor Day in 2002, the period of custody shall mn from 8:30 a.m. until 7:00 p.m. on the holiday. Beginning with Labor Day in 2003, the holiday periods of custody shall from 7:00 p.m. on the evening before the holiday through the holiday at 7:00 p.m. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 8:30 a.m. until 7:00 p.m. D. FAMILY REUNIONS: Beginning in 2003, each party shall have custody of the Child for that party's family reunion each year. The parties shall cooperate in adjusting the regular custody schedule to provide make-up time for a party missing a period of custody due to the other party's family reunion. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties shall attend a course of joint counseling with a professional to be selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in improving communication and establishing sufficient cooperation to enable the parties to effectively co-parent their Child. The parties shall attend a minimum of 6 sessions and thereafter shall follow the recommendations of the counselor with respect to the frequency and duration of counseling sessions. All costs of counseling which are not covered by insurance shall be shared equally between the parties. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody. Neither party shall smoke cigarettes in the presence or general area of the Child and shall ensure that 3rd parties refrain from smoking around the Child during his or her periods of custody. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. / BY THE COURT, cc: Jennifer Frechette, Esquire - Counsel for Mother Alexander S. Kaschock, Father LESLIE J. LOPER, Plaintiff VS. ALEXANDER S. KASCHOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2748 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 Hannah J. Loper January 30, 2002 Mother 2. A Conciliation Conference was held on July 2, 2002, with the following individuals in attendance: The Mother, Leslie J. Loper, with her counsel, Jennifer Frechette, Esquire and the Father, Alexander S. Kaschock, Pro Se, and his Father, Alexander A. Kaschock. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator