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HomeMy WebLinkAbout95-03262 - - cV '3 ~ .,.... ~ ji . -? -,' ~ ~ J ((f ~ <0 (Y) , . ~ { '- . N "" . \. N Uo l:A \. ~ .. ., N ..J) .,' nS iE '" ~ (j; '.'. ~ 0 :\t ~ i :tt ~ ~~ V) ~ .n ," ,r :f- .' 4l:t ~ -~ .' ~.Il: '! , . -IJ(I~ln,,, ,11 . JUlin. II II'/' . It I , "'I't 1111.1 \'11' 1'1 10,11111>1'1,,1'1111' ,,\ 1:'1'1 ','1',' 'I., t,'ll C' ( '1'1' Russell L. Powell, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA ICIVIL ACTION LAW I ICUSTODY/VISITATION :NO. tl'l - .LU.;' t;(.d. "7#',t-~",-, I Belinda J. Hockenberry, formerly Belinda J. powell, Defendant ORDER OF COURT " I' 1'1 ", \ AND NOW, " '" L , upon consideration of the attached compliant, it is hereby directe~ that the parties and their respective counsel ~ppear before --Lll \ lot ,I I b II' y ( .. , theConciliator, at.1. I '.'" I .", ,. ("" /.. on the , ~II \ ayof '<, ,. t ,199. ,at ()', }J) Ir .m., for a Pre-Hear ng Custody Conference. At such ~nce, an effort will be made to resolve the issues in dispute I or if this cannot be accomplished, to define and narrow the issues to be heard by the COUI.t, 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. FOR THE COURT, . ," ('J. , , h 1 .~(, . .- ,?,w,1 The Court of Common Pleas of cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accenible facilities and reuonable accommodations available to disabled individuals having bUliness before the court, please contact our office. All arrangements mUlt 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 TillS 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, PA 17013 (717) 240-6200 " 't .,_.......~ ."':''- JUH 20 3 25 PH '95 II , . I ; ~ ",' . 'M"" A~\ I1Uk !'Ht ~:';D .(', ..' r "f'" :1 \ . /..1' ,,"'; .I/l! t, ,;)0 . liS' Ct.J (~/Jt?.4I ~ .4 ~Y'w,t.<V-#'/ 4'd() . fs 7~ I;(ttl!/ ~ ~4z# . . M 'o:XJ . ~s ([.pit ~t/ ~,. f/I.&I~y # Russell L. Powell, Plaintiff I IN TilE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA 'CIVIL ACTION LAW , ,CUSTODY/VISITATION I INO. , Belinda J, Hookenberry, formerly Belinda J. Powell, Defendant COMPLAINT FOR CUSTODY AND/OR PARTIAL CUSTODY 1. The Plaintiff in this complaint is Russell L. Powell, residing at RD1, Box 42A, Little Orleans, Allegheny County, Maryland, 21766. 2. The Defendant in this complaint is Belinda J. Hockenberry, formerly Belinda J. Powell, residing at 17 Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks shared custody of the following children I Sara Powell, born Septsmber 8, 1986, age 81 Benjamin Powell, born September 10, 1987, age 71 and William Powell, born Decsmber 15, 1989, age 5. The children were not born out of wedlock. The children are presently in the cuetody of Belinda J. Powell, who resides at 17 Cherry Grove Road, Shippenlburg, Cumberland County, Pennsylvania 17257. During the past five years, the children have reeided with the following persons and at the following addrellee. From birth until November 1990 at Patterson Run Road, Licking Creek Township, Fulton County, Pennsylvania with Plaintiff and Defsndant. 42, also County, From November 1990 until October 1991 at Old Route known as Jim Road, Thompson Township, Fulton Pennsylvania with Plaintiff and Defendant. From November 1991 until May 1992 in a shared custody arrangement, with the children spending two weeke with Plaintiff at his property in Thompeon Townlhip, Fulton County, Pennsylvania, and one wesk with Defendant in Thompeon Town.hip, Fulton County, Pennsylvania. From May 1992 until July 1993 in Thompson Township, Fulton county, Pennsylvania with Belinda J. powell, Robert Hockenberry, Cynthia Yanesik, and cynthia'S boyfriend. From July 1993 until November 1994 at Bard Meadows, Shippensburg, Cumberland county, Pennsylvania with Belinda J. Powell and Robert 1I0ckenberry. From November 1994 until present at 17 Cherrr Grove Road, Shippensburg, Cumberland County, Pennsylvania w th Belinda J. Powell, now Belinda J. Hockenberry and Robert Hockenberry. The mother of the children is Belinda J. Hockenberry, currently residing at 17 Cherry Grove, Shippeneburg, Cumberland County, Pennsylvania. She is married. The father of the children is Russell L. Powell, currently residing at RD1, Box 42A, Little Orleans, Allegheny County, Maryland. lie is married. 4. The relationship of Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons I Wife, Penny powell, and stepchildren, Daniel Pyles, age 15 and Holly pyles, age B. 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons I Husband, Robert Hockenberry, and the children. 6. Plaintiff has not particirated as a party or witness, or in another capacity, in other 1 tigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because I ." -.... A. Plaintiff, hereinafter Father, until the late spring of 1992, was primary nurturing parent of the children. B. Defendant, hereinafter Mother, works swing shift at James River, working 11100 p.m. - 7100 a.m. shift one week, 3100 p.m. _ 11100 p.m. shift the next week, and 7100 a.m. - 3100 p.m. shift the third week. During the weeks that Mother works the second or third shift, the children spend the after school hours and overnight at a babysitter's. During the summer, the children spend all Mother's working hours and sleeping hours with a babysitter. C. The children are currently staying with a babysitter named Chris in the cumberland County area. While the children have stayed with Chris in the past, the children have developed multiple cases of lice infestation, also the parties' minor child, William suffered severe burns to the hand, lip and face as a result of being pushed into hot food by other children. The parties' minor daughter, Sara, has indicated that she was molested by another child in the summer of 1994 who is at the child center. These problems appear to be worse in the summer months. D. On occasions too numerous to mention, the parties' youngest child, William, has come to visit with black and blue marks on his buttocks. The child has told Father that he has been beaten with a paddle repeatedly. E. Father works first shift and is available for after-school and evening care for the children. F. Because of Mother's move to cumberland County, the parties now live approximately 75 miles apart. Mother has refused to provide the children on a regular basis or to cooperate with transportation. The children must spend three hours on the road for periods of visitation. G. with the exception of one week in the summer of 1994, Father has not been able to exercise adequate holiday and school vacation time with the children. H. The children report to their father that they are spending most of the time at the babysitter's instead of with their natural parents. 1. When the children are with Mother, she disciplines the children with a paddle on a frequent basis, keeping a spare paddle in her car and one in the home. J. Mother has recently told the children that if the children move in with their father, she will commit suicide. K. Father believes that he can provide the children with a wholesome, stable environment. L. The children are doing well in school at this time. B. not the Each parent whose parental rights to the children have been terminated and the person who has physical custody of children has been named as a party to this action. WHBREFORE, Plaintiff requests the Court to grant him shared custody of the children, by granting him the children for the school vacation time and three weekends out of four during school sessions. In addition Plaintiff requests shared transportation. / ;J~ ~k...-'o. ,o~~..c . ar ara B~ Townsend / Attorney for Plaintiff 40 North Second Street Chambersburg, PA 17201 (717) 267-3244 '! !; . I hereby verify that the facts set forth in the 'iforegoing instrument are true and correct to the beet of my knoWledge1 information and belief, and that I make this verificat on subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of civil Procedure. Datel (r/1/f)S , ~ . ) "1"i \.. I /o/.h. {/ 11 ~. u-,~.{(.lt.L.L Ii! ~ 11 ! l', ~ If lr ~i:'I'.' :_1..... ,....,., ll.l_............,..., > I ".0 wllh 10 r.c.in \hlji '" ,! c..-.""'" I. .... .. . .' ;i h; following ...vlc.. 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'p,.,j '" ". I" 1....',.,10 Ih .1, ,,, 1,'# /0 DOMESTIC RETURN RECEIPT Russell L, Powell, Plaintif f IIN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA 'CIVIL ACTION LAW , ,CUSTODY/VISITATION I 'NO. 95 - 3262 civil Term 1 Belinda J, Hockenberry, formerly Belinda J. Powell, Defendant AFFIDAVIT OF SBRVICB STATB OF PBNNSYLVANIA COUNTY OF FRANKLIN 1 I SS 1 Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she served a true and correct copy of the Custody Complaint upon the Defendant by mailing the same to Belinda J. lIockenberry at her last known address of 17 Cherry Grove Road, Shippenburg, Pennsylvania 17257, by certified mail, restricted delivery, addressee only, No, Z 124 162 996, receipt attachud hereto, postage prepaid on June 23, 1995 from the United Statel Post Offioe at Chambersburg, Pennsylvania. ') ,./1. t1 ~t.~M 11,. \.Jr.mw~, Barbara B.' Town8end Sworn an~sub8cribed to before me this $1 day of -qUAU ,l9gj ~ 1'AUlM A"Ni. Notary P~'bi'ic [-- Null"HI lit,l 1.'0...0 a.,d. i 011 Pu 110 "h.mbllltJ\l,a Bo'. U"n1l1n 8oontv. , 'nmmillil1rl PIplf'~ ~.tnh' ..09 2. tJ~ ~UG Zl/ II OLl PH '95 , , I' " /IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA RUSSELL L. POWELL, Plaintiff v . . INO. 3262 - CIVIL - 1995 I : :CIVIL ACTION - CUSTODY BELINDA J. HOCKENBERRY, Defendant COURT ORDER AND NOW, this ~day of ~.._~~+ ,1995, upon consideration of the attached Custody C~Report, it is ordered and directed aR follows: 1 . A Hearing is scheduled in Courtroom No. ~ of the Cumber land County Courthouse on the .....:.lJ. day of ('.- (!' ('..,. , ' , 1995, at /. ( /' M., at which time testimony will be taken in the above case. At This Hearing, the Father, Russell L. Powell, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the custody issues currently before the Court, each party's position on custody issues, a list of witnesses that will be called to testify along with the summary of anticipated testimony of each witness. This Memorandum shall be filed at least ten days before the Hearing date. Pending further Order of this Court, the Father, Russell L. Powell, and the Mother, Belinda J. Hockenberry, shall have shared legal custody of Sara Powell, born September 8, 1986, Benjamin Powell, born September 10, 1987, and William Powell, born December 15, 1989. Mother shall enjoy primary physical custody. Father shall enjoy temporary physical custody as follows: A. For a period of additional summer vacation ft'om August 18 until August 25. B. Alternating weekends from Friday at 6 P.M. until Sunday at 6 P.M. starting September 1, 1995. For transportation on alternating weekends, the parties shall s/Iare transportation with either selecting a mid-way point for the exchange of custody or with the Father pioking the children up on Friday evening and the Mother picking them up on Sunday evening. BY THE COURT, 001 Bally 01. WJ.nder, Esquire - t:o..l'"", Barbara B. Townsend, Esquire U ~/).'I19r. .:l ~,tJ, , '1' \. ';~VJl! I,J ~J~t\ VtJ ~ A' .~\1" /~ ~: ....: t ~ .. N .J '-1') "I ... .-. C;J . . ,l1o"io;" H . I;.",,, .",,1 ,r "/_ III ""~"II,I:-"I"d . . t..IIt,l},-,IIlII' l' \ 1, '!II ,.1.,' 'II ~ ~~ ~ ~ Q .... '1 J ~ I' I)' . J VS. 'IN TilE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA 1 , ,NO. 3262 - CIVIL - 1995 1 , , ICIVIL ACTION - CUSTODY RUSSELL L. POWELL, PLAINTIFF BELINDA J. IIOCKENBERRY, DEFENDANT ORDER OF COURT ~~ Iltlool oJ. I" ,1995, the within stipulation and agreeme~aving been presented, considered and ordered filed, IT IS HEREBY ORDERED that Belinda J. Hockenberry, hereinafter Mother, and Russell L. Powell, hereinafter Father, shall have shared legal custody of their children, Sara Powell, born September 8, 1986, age 91 Benjamin Powell, born September 10, 1987, age 8, and William Powell, born December 15, 1989, age 5, Mother shall have primary residential custody, subject, nevertheless, to Father's partial custody to be exercised as follows: rr I'~ I t 1 J)t . . A. During the school year, which shall commence the Friday immediately before the academic year begins and end on the Friday immediately at the end of the academic year the children shall be with Mother from Sunday at 6100 p.m. until Friday evening at 6100 p.m. Father shall have custody of the children from Friday at 6100 p.m. until the Sunday at 6100 p.m. on an alternate weekend basis commencing with September 1, 1995. Mother shall have the children on the opposite weekends. B. During the summer vacation, which shall be the balance of the calendar year not included in paragraph A, Father shall have the children four weeks, which need not be consecutive. Father shall notify Mother each year by June 1 as to when he will exercise his summer vacation time with the children. C. For major school holiday breaks, which school holiday breaks shall be shared equally, on an alternating annual basis beginning with the following schedule' Thanksgiving vacation 1995 shall be spent with Mother, Christmas vacation 1995 RUSSELL L. POWELL, PLAINTIFF VS. IIN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I I INO. 3262 - CIVIL - 1995 1 I I ICIVIL ACTION - CUSTODY BELINDA J. HOCKENBERRY, DEFENDANT STIPULATION AND AGREEMENT OF THB PARTIES NOW comes the Plaintiff, Russell L. Powell, by his attorney, Barbara B. Townsend, and the Defendant, Belinda J. Hockenberry, by her attorney, Sally J. Winder, and stipulate and agree as follows I 1. The Plaintiff is Russell L. Powell, residing at RD 1, Box 42A, Little Orleans, Allegheny County, Maryland 21766. 2. The Defendant is Belinda J. Hockenberry, formerly Belinda L. Powell, residing at 17 Cherry Grove Road, Shippensburg, Cumberland County, penneylvania 17257. 3. The Plaintiff and Defendant are the natural parents oft Sara Powell, born September 8, 1986, age 9; Benjamin Powell, born September 10, 1987, age 8, and William Powell, born December 15, 1989, age 5. The children were born in wedlook. 4. The parties agree that the court may enter the following order with regard to the custody of their minor children, Sarah, Benjamin, and Williaml ORDER OF COURT , 1995, the within stipulation and agreement having been presented, oonsidered and ordsred filed, IT IS IIEREBY ORDERED that Belinda J. Hockenberry, hereinafter Mother, and Russell L. Powell, hersinafter Father, shall have shared legal custody of their children, Sara Powell, born September 8, 1986, age 91 Benjamin Powell, born September 10, 19B7, age B, and W lliam Powell, born December 15, 1989, age 5. Mother shall have primary residential custody, subject, nevertheless, to Father's partial custody to be exercised as followsl A. During the school year, which shall conunence the Friday immediately before the academic year begins and end on the Friday immediately at the end of the academic year the children shall be with Mother from Sunday at 6100 p.m. until Friday evening at 6100 p.m. Father shall have custody of the children from Friday at 6100 p.m. until the Sunday at 6100 p.m. on an alternate weekend baeis commencing with September 1, 1995. Mother shall have the children on the opposite weekends. B. During the summer vacation, which shall be the balance of the calendar year not included in paragraph A, Father shall have the children four weeks, which need not be consecutive. Father shall notify Mother each year by June 1 as to when he will exercise his summer vacation time with the children. c. For major school holiday breaks, which school holiday breaks shall be shared equally, on an alternating annual basis beginning with the following schedulel Thanksgiving vacation 1995 shall be spent with Mother, Christmas vacation 1995 shall be spent with Father, Easter vacation 1996 shall be spent with Mother. During the 1996-1997 school year, the school breaks shall be observed in the opposite manner, and school holiday breaks shall alternate in that fashion thereafter. For Christmas in even years Father shall have the children from 5100 p.m. on December 23 until 5100 p.m. December 25, Mother shall have the children from 5100 p.m. December 25 until the time the children would return to school, including New Years Day. In odd years the schedule will be reversed. D. In the event that a regular holiday is part of a three day weekend to be exercised by Father, Father shall have the children the entire three day weekend. E. Every Father's Day from 9100 a.m. until 7.00 p.m. Mother shall have the children every ~other's Day from 9100 a.m. until 7100 p.m. F, Holiday custody shall have precedence over regular custody. G. Transportation shall be shared with the party receiving custody responsible for picking up the children. H. Neither parent shall allow anyone to make derogatory remarks regarding the other parent in the presence of the children, each parent shall have a positive duty to uphold the other parent as eomeone worthy of the children's respect and love. By the Court, J. 5. The parties do not know of any other custody action with regard to the children in this or any other jurisdiction other than the above captioned action. This represents a modification of an existing court order. 6. The parties do not know of any person not a party to this agreement who asserts a right or claim to custody or visitation with regard to the children. 7. The parties waive their right to be present when the foregoing is incorporated into an order of court. WITNBSSI ) , i)' " .\ ~t ( ( uBBell L. I \ ), ( . .) J. ... i t', ( Powe 11 ., \ . t't . I. ~ '. ..,. ,f'{,. , '.. ( . ( ....r : ......1',,' ~/( 1\ . V ('ll,L ' ) ."f " Be STATE OF PBNNSYLVANIA I I SS COUNTY OF FRANKLIN I , ",I ~ ) I /, On this, the day of l " .',',''' ,199:, before me, a Notary Public, thelUndersigned officer, personally appeared Russell L. Powell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the Kame f.or the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Geal. , , /,. I '. Ii /',. I NOTARY PUBLIC iI',:, ,., ! STATE OF PENNSYLVANIA COUNTY OF FRANKLIN I I I SS On this, the ____ day of , 199 , before me, a Notary Public, the undersigned officer, personRlly appeared Belinda J. Hockenberry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC