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HomeMy WebLinkAbout94-02971 )(. 2 ~ -;:t: J ::! , . . *'~*--~-~~-----~---~-')'~~'~~'~.,~--~~'~~ h- - ~ f.1 0:0 ~~ " ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA, ~! '.' v '.' s ~ <;. .', ~ ~ '.' W <;, JAMES HATHCOX, " I N II. ...9.~.~.~.9..?~.. c~y'~~....... 19 ~ ~ Plaintiff $ V~I':ms ~ LISA J. HATHCOX, $ Defendant ~ '.' .' ~ '.' i '.' DECREE IN DIVORCE ANDNOW,~.~.I.\......o., 19.~._ it is ordered ond ~ ~l ... ~ /, ~ '.' decreed that... .. . ,.~~.~~ 0 ~~~~~?~. . ........ ...... . '" ...... _ plaintiff, and. .. 0 . . . .. .. . . .. . . ~.I.~~. ~:.. ~~:r.~~?~. . . . .. .. . . .. .. . . 0 .. .. . _ defendant. are divorced from the bonds of matrimony. ~ M ..- W <;, ~ '.' ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; * ,;, <;. ~ NONE ................................................ ...... ... ..... ............. $ . . . . . . . . . . . . . . . . . . . . 0 . . 0 , . . . . . . . ",,:/. <;/. . . . . . . . . . . . . . . . n, ~"' V ^lIesl:..><&~ch//~'" eo t'~. /?~1,.~ J. <k4l('rJ'1- / ~if', ~ ?-' / Prolhonolnry ~ ~ .' ~ W <;- w ~.. ~ ~ ~ ~ . .- - - , - ~ ~ - ... ". ~ ,-- - ,." -, ~~.~.~.***~**~*~***-*** s ~ ~ '7 ~ ~.~ ~ ~ Si .' ~ ~'. ~ ~ ,~ ~ ~ 8 ii! !~ $ ~ .', ~ ~ ,;., :, ~ ~~ .', ~ ,', ~ ,', ~ * ~ '.' $ ~ '.- ~ ~ '.' ~ * .t l; i'" ~~ I'.' r. ,'~ /",- I~ - . ~ .:+:. .:.:. .:+:. .:.:- .:+:. .:+:. .:.:. .:.:. .:+:. .:+:.' /O)./,;}.~ &d. ~ 11Ia-.4/ .$ ~ /~ ./;l fj 71~ ~ ;t, 4" ~> . . c:\wpSl\<jI\hathCOJl.CUI rue I 4368-94-01 vs. . . APR 04 j9g6 .~j,.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2971 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JAMES HATHCOX, Plaintiff/Respondent LISA J. HATHCOX, Defendant/petitioner . . . . . ORDER OF COURI AND now. this Idl\ day. of ---IJfn\ , 1996, upon consideration of the attached Motio~ It !:I 'bereby directed that the parties and ~~eir respectjye c~nsel ap'pe~ ~eforjil +\-<.-hrrj 1:.._ En I (1 " . the conciliator, at ~tA :wDcf' {..."" . .C;' ("'r]h..,~ ,onthe .f,J, IOlh day of f\"''''~f ,1996.at q,Jofj,M o'clock ..f!::...' m. 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. For the Court. By: -;{j...tvff ~dJ2~f&" Cuslodv Conc~or ~I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Office of the Court Administrator Courthouse. 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania. is required by law to comply with the Americans with Disabilities 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. By the Court, Date: J. f" Fr.J"'""'~ c:: ~;! ~-,.' ~ '.iI, :~-:"::-.--., ~'IY Cl'~ ~-::-l I ~~ r .,,"'. .... ..;J 1.1" J 1 ti t..: l;B ("\ I', . . , -''''I'I';:~'''';._''-'' . I:~ "I'~' ,: ( t.:ld\~~ I LV,:"o;\:A J/.y.~v ad ~ !1friN ~ ~~~ 1f15.?i 'l~ lI..a~~.7P~~ .y; /5 ~ l":1' ~/ M.o # ::&/~ ~ . c:\WJl5I\cjl\h.I~""''''' m., 4368-94-01 . . .' JAMES HATHCOX, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNlY, PENNSYLVANIA NO, 94.2971 CIVIL TERM CIVIL ACTION. lAW IN DIVORCE vs, LISA J. HATHCOX, Defendant/Petitioner . . 1. The Petitioner is Usa J, Hathcox, residing at 2211 Circle Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent Is James Hathcox, residing at 5130 Bethlehem Road, Fairburn, Georgia. 3. The Petitioner seeks custody of Christopher Joshua Hathcox, at 2211 Circle Road, Carlisle, Cumberland County, Pennsylvania, age 3'h years. The child was not born out of wedlock. The child Is presently In the custody of Lisa J. Hathcox, who resides at 2211 Circle Road, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME/RELATIONSHIP ADDRESS FFOv1/ID Lisa J. Hathcox and James Hathcox Mother and Father 1354 Sparrows Lane Norcross, GA 30093 Birth to 4/1/93 4/1/gJ to 10/93 Lisa J. Hathcox and James Hathcox Mother and Father 3127 B Ferrite Loop Lawrenceville, GA 30244 c:\wp51\cjl\halhrol.cus file # 4368-?4~J1 " NAME/RELATIONSHIP ADDRESS RG1/ID Usa J. Hathcox and James Hathcox In transit from GA 10/93 to Mother and Father to PA 11/93 Usa J. Hathcox and James Hathcox 1882 Esther Drive 11/93 to Mother and Father Carlisle, PA 7/3/94 Usa J. Hathcox 1882 Esther Drive 7/3/94 to Mother Carlisle, PA 10/94 Usa J. Hathcox, E. J. Nichols and 2211 Circle Road 10/94 to Esther Humphry, Mother, maternal Grandmother Carlisle. PA present and maternal Great-grandmother The mother of the child Is Usa J. Hathcox, currently residing at 2211 Circle Road, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the child is James Hathcox, currently residing at 5130 Bethlehem Road, Fairburn, Georgia. He is married, 4. The relationship of the Petitioner to the child is that of mother. The Petitioner currently resides with the following people: NAME Address E. J. Nichols and Esther Humphry, Mother and maternal Grandmother and Christopher, Child 2211 Circle Road Carlisle, PA l o:\wpSl\<jl\hathcox.<UI me # 4368-94-01 " 5. The relationship of the Respondent to the child is that of father, The Respondent currently resides with the following person: NAME Address Clifford and Barbara Hathcox Father and Stepmother 5130 Bethlehem Road Fairburn, Georgia 6. Petitioner has not participated as a party or witness, or in any other capacity In other litigation concerning the custody of the child in this or another jurisdiction. 7. The Petitioner has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 8. The Petitioner 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The Petitioner can best provide for the physical and emotional needs of her child. b) Since birth, Petitioner has been the primary caretaker of her child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. l c:\wpSl\cjl\hlthcoLCIII m. (# 436B-~1 . .' WHEREFORE, the Petitioner requests this Court to grant primary physical custody of the child to the Petitioner. Respectfully submitted, FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Petitioner By: Carol J. Un say, Esquire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243.5513 Date: ~//1/ C( 6 I 4 c:\wpSl\cjl\hothcol,cUI m. (# 4368-94.01 . . ~ I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. e.s. ~ 4904, relating to unsworn falsification to authorities. cjVJC;:; -y \-\c~~/~ Usa J. Hathcox Date: l\ (\9 r q If Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2971 CIVIL TERM CIVIL ACTION - LAW JAMES HATHCOX, VS. LISA J. HATHCOX, Defendant IN DIVORCE NOTICE TO: JAMES HATHCOX Usa J. Hathcox, Defendant, intends to file with the Court the attached Praecipe to Transmit the record on or after October 21, 1996, requesting that a final Decree in Divorce be entered. FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Defendant By: r1 -- h $;~ . ~ / ) Carol J. U?dsay, Esquire l.--/ 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: ,~!- 2- {J; It:( t/ f. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94- 2971 CIVIL TERM JAMES HATHCOX, v, LISA J. HATHCOX, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3391 (El)) (3301 (d)(1)) of the Divorce Code. (Strike out Inapplicable section). 2. Date and manner of service of the complaint: 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) ofthe Divorce Code: by the Plaintiff N/A ; by the Defendant N/A (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: NOVEMBER 11. 1996 (2) Date of execution of affidavit upon by Defendant: SEPTEMBER 20. 1996 4. Related claims pending: NONE 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code._ DEFENDANT SERVED PLAINTIFF BY CERTIFIED MAIL. RETURN RECEIPT. AND DEFENDANT SIGNED FOR SAME SEPTEMBER 25. 1996 rol J. Undsay, Esquire or for Lisa J. Hathcox, Defendant -- h; ..... \=i UJ.;..~ <.' .. ~{ ", u,-:.i_ l--O-:-l Yc CJ'- U.lt.. -~I' l... I.. .. 11.. <.:.., ~ Ie.;; 1""' ., ..:J .....~ :;.>> .'. '!2 -~ :~~; ;hGJ :~ ~ ~., I C l..U c: \...'::' c:' ~--; o . ..... { -"I" JAMES HATHCOX, Plaintiff In the Court of Common Pldas of Cumberland County, Pennsylvania -- q4_ ;l.ti71 Civil If'YWt . No. VII. LISA J. HATHCOX, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: fi""n y allov JAMeS 1-14nf~6~ , (pla1atiff) (Defendaat), to proceed in forma pauperis. I, M I~HA-ec-:r. /-lA-NFl ,attorney for the party proceeding in forma pau~eris. certify that I ~elieve the p~rty ?roceeding is unable to pay the costs and that I am providing free legal service to the parcy. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~t;lp Attorney for i"/..~I"Tl FF Arr-#II."P-{ r D "'..S."7" .. Michael J. Ha~:q~~e 2 11 We~;"::'~A 17013 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HATHCOX, Plaintiff : . CIVIL ACTION--LAW . vs. IN DIVORCE LISA J. HATHCOX, . NO. 94- . Defendant : COMPLAINT IN DIVORCE AND NOW, this 2nd day of June, 1994, comes Plaintiff, James Hathcox, forma pauperis, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is James Hathcox, who currently resides at 1882 Esther Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Lisa J. Hathcox, who currently resides at 1882 Esther Drive, CarliSle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on September 23, 1989 in Clayton County, Georgia. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under section 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Mi~MY;uire Attorney ID No. 57976 11 West Pomfret Street, suite 2 Carlisle, PA 17013 (717) 249-5373 -=r i en ;.. ~~ - o.L... or:.:... = wi:.~.>.' ;;.... Sl;~"'., m ,,>! ! ~.:; .. ':'J ~ .... ,c ...... ..~l ......... . r-- z: :> '" '-' -.. ,.. . H^y ? 'i ,I tIt) bf./ JAMES HA'l'HCOX, Plaintiff IN 'l'HE COUR'l' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2971 CIVIL TERM v. LISA J. HA'l'HCOX, Defendant . . CIVIL AC'l'ION - CUSTODY COUR'l' ORDER AND NOW, this 2 '2........Lday of MC.L-Lj~ consideration of the attached Custody ~nciliation ordered and directed as follows: , 1996, upon Report, it is 1. 'l'he Mother, Lisa J. Hathcox, shall have legal and physical custody of Christopher Joshua Hathcox, born June 11, 1992. 2. 'l'he Father, James Hathcox, shall enjoy temporary physical custody of the minor child at such times as agreed upon by the parties. Additionally, Father shall have reasonable telephone access to the minor child. 3. In the event the Father is dissatisfied with the time of physical custody provided to him by the Mother, or in any other way dissatisfied with this order, the Father may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. 4 . Mother's counsel is directed to serve a copy of this order and the attached Custody Conciliation Report on the Father by regular mail and certified mail. BY 'l'HE CO UR 'l' , ,Jjw//? /ht? co: Carol J. Lindsay, Esquire _ ~ "...akd !!j/~3/ t;,. ...J . p. ,. \ ." JAMBS HA'l'HCOX, . IN 'l'HE COUR'l' OF COMHON PLEAS OF . Plaintiff . CUMBERLAND COUN'l'Y, PENNSYLVANIA . . . v. . CIVIL AC'l'ION - LAW . . . LISA J. HA'l'HCOX, . NO. 94-2971 CIVIL 'l'ERM . Defendant . . . CIVIL AC'l'ION - CUS'l'ODY . CONCILIA'l'ION CONFERENCE SUMMARY REPOR'l' IN ACCORDANCE WI'l'H CUMBERLAND COUN'l'Y CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. 'l'he information pertaining to the child who is subject of this litigation is as follows: Christopher Joshua Hathcox, born June 11, 1992. 2. A Conciliation Conference was held on May 10, 1996, with the following individuals in attendance: 'l'he Mother, Lisa J. Hathcox, with her counsel, Carol Lindsay. 'l'he Father did not appear. Mother's counsel demonstrated that Father was served with notice of the Conciliation Conference by certified mail. Mother indicated that Father had acknowledged to her that he understood the Conciliation Conference was scheduled. 3. Mother relates that the parties separated in July of 1994 and that Father has had limited contact with the minor child since that time. 'l'he contact has been visitation arranged through the Mother, and the Father has also had telephone access to the minor child. 4. 'l'he Conciliator recommends an Order in the form as attached. .r~ q l, Date Hubert X. Gilroy, Custody Concilia IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HATHCOX, Plaintiff . . vs. : CIVIL ACTION--LAW : IN DIVORCE : LISA J. HATHCOX, Defendant NO. 94-2971 civil Term CERTIFICATE OF SERVICE AND NOW, this 15th day of June, 1994, I, Michael J. Hanft, Esquire, hereby certify that I have served a copy of the Divorce Complaint in the above-captioned action on the Defendant, by depositing same in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Lisa J. Hathcox 1882 Esther Drive Carlisle, PA 17013 said Divorce Complaint was signed for by Defendant Lisa J. Hathcox on June 4, 1994, as evidenced by the signature on the Domestic Return Receipt attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Mic~j::~re Attorney ID No. 57976 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 PlaIntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2971 CIVIL TERM CIVIL ACTION - LAW JAMES HATHCOX, V8. LISA J. HATHCOX, Defendant IN DIVORCE 1. CHECK EITHER IAI OR 181: ~ I do not oppose the entry of the divorce decree. (b) I oppose the entry of a divorce decree because: ICHECK III.1UI OR ....h): 0) The parties to this action have not lived separate and apart for a period of at least two years; and Oil The marriage is not irretrievable broken. 2. CHECK EITHER IAI OR 18): @ I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. ~ I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, ..Iall"ll to ""'WI'n fats_,ion to authorities. ~ ~. ' 'A,l.M-'} p ( James Hathcox Date: 1\ / II .; '11.t? . f -.........;:..:.. ~f.. cf.. \ \If.. \l ~\)'J \ ~ \~~O ~"~,........... . I. t. .t , , JAMES HATHCOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-2971 CIVIL TERM CIVIL ACTION - LAW VB. LISA J. HATH COX, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND now, this dt)""I'- day of\. j"plndlfl0 . 1996, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I served the within AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE this day by depositing same in the United States Mail, First Class, Postage Prepaid, and Certified Mail, in Carlisle, Pennsylvania, addressed to: Mr. James Hathcox 240 Flint River Road Apt. E-1 Jonesboro. GA 30236 FLOWER. MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Defendant By: rol J. Lindsay, Esquire 10 # 44693 11 East High Street Carlisie, PA 17013 (717) 243.5513 >- 1""' L'- 0.' P .. j .-: llIP 1. Sl(", .- . :-;. ....-" u..c l.l.. U--- O;.~. 1./i -. ' '" rJi. ) ~;." t- o ;-'CiJ I.:! i C-.i : ;; I , I.':') U '. , '_J \ .