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202g 155,43
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CASE No. 18-CI-502220 fl‘i
8: JEFFERSON CIRCUIT COURT
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D'fé’glm FAMILY DIVISION THREE (3)
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DAVID RUSSELL MCENTIRE Jewry -
PETITIONER
19-loar6 442
v. PETITIONER’S OBJECTION AND RESPONSE To
BLSPOND_ENT’S MOTION TO CONTINUE HEARING
JENNIFER RENEE HASLER RESPONDENT
Petitioner, David Russell McEntire (“David”), by counsel, files his Objection and
Response to the Motion to Continue Hearing filed by Respondent, Jennifer Renee
Hasler (“Jennifer”), and states as follows:
1. NoticelMotjonIOrder Accompanied the Petition for Custody:
The October 3, 2018, hearing was scheduled at this Court’s motion hour on
August 20, 2018. David’s NoticelMotion/Order for Immediate Return of
Child/Temporary Custody/and Possession was served upon Jennifer with the original
Summons and Petition for Custody. The Motion also appeared on the Kentucky Court
of Justice case e-docket. Counsel’s claim that Jennifer did not receive notice is in error.
2. Counsel hag notice of hearing:
In open court on August 20, 2018, and by Order entered August 30, 2018, and
distributed, the October 3, 2018, hearing date was set. Jennifer retained counsel, Krsna
Tibbs. Mr. Tibbs entered his appearance on behalf of Jennifer on August 31, 2018, via
e-filing with no notice to Petitioner’s counsel. E electronic case docket sheet dated
August 31, 2018, Exhibit No. 1. Jennifer’s Response to the Petition was filed
1
September 5, 2018, with no notice to Petitioner’s counsel.
The electronic docket “case events" plainly notices “Hearing scheduled for
10/03/2018”. Counsel apparently accepted the representation when he knew or should
have known that'he had a conflict (robbery trial) and would not be available for the
scheduled hearing. David’s efforts for the return of the parties’ child and parenting time
should not be delayed because Jennifer retained counsel who is not available on the
already established hearing date}
On August 8, 2018, Jennifer unilaterally removed the parties’ 15-month old
daughter without advance notice to or consent from David, joint custodian, and
absconded with the child to Texas. The parties have never lived in Texas. David had
no knowledge of the child’s removal until he went to pick—up the parties’ daughter early
at daycare. 5% Petitioner’s Verified Petition for Custody. On August 30, 201 8,
Jennifer brought the parties’ child to Kentucky but again fled with her on August 31,
2018, to Texas. Jennifer continues to dictate when David can and cannot have
parenting time with his daughter and has denied him the shared parenting time to which
he is entitled under law.
WHEREFORE, Petitioner, David Russell McEntire, requests this Court to deny
Respondent’s Motion to Continue. Further, Petitioner seeks temporary parenting time
from September 22, 2018, to October 3, 2018, and such additional time as the Court
may determine in establishing at hearing a temporary shared parenting schedule.
Alternatively, ifthis Court should continue the hearing, then in such event Petitioner
requests parenting time from September 22, 2018, until the continued date of hearing
and establishment of a temporary shared parenting schedule.
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I
A proposed Order is attached.
ls/ Denise M. Helline
Denise M. Helline Bar ID #43352
CELEBREZZE & HELLINE
The Normandy Building
101 North 7‘“ Street
Louisville, KY 40202
(502) 589—3330
dhelline@gmail.com,
Counsel for Petitioner, David Russell McEntire
QEBTIFICATE OF SERVICE_
Itis hereby certified that a copy of the foregoing was served via U.S. mail,
postage prepaid, to Krsna Tibbs, Esq., 214 S. 8‘“ Street, Apt. 201, Louisville, Kentucky,
counsel for Respondent, on this 13‘“ day of August, 201 8.
ls/ Denise M. Helline
Denise M. Helline
i
On August 3 1, 2018, Petitioner’s counsel talked with Mr. Tibbs’ paralegal toconfirm the firm’s representation (per
Courtnet entry) and to attempt to obtain parenting time between David and the child. The parties were aware ofthe
hearing date.
. 1'5”"
. V
MCENTIRE, DAVID VS. HASLER, JENNIFER
>
KENTUCIO/ JEFFERSON FAM ch/cxv DISTRICT CIRCUIT COUR
COURT OFIUSUCE T
Filed 0n 08/10/2018 as DOME
an & FAMILY With HON. DEBORAH DEWEESE
18-CI-502220 **** NOT AN OFFICIAL COURT
RECO RD ****
HASLER, JENNIFER as DEFENDANT
/ RESPONDENT
1112 LADY CAROL DRIVE
THE COLONYTX 75056
MCENTIRE, DAVID as PLAINTIFF / PEITI’IONER
N
>131‘i
cnoésnM Rs DRIVE
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LOUISVILLE KY 40245
HELLINE DENISE M., a5ATTORNEY FOR PLAINTIFF
.101 N.7TH srriEET
3
LOUISVILLE KY 40202 2924
a? 1133;;KENAas ATTORIGEY FORDEFENDANT
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Preview
05w“ gigging? J54}: ‘_ f: ‘ .‘ 202g 155,43 FEB 5 CASE No. 18-CI-502220 fl‘i 8: JEFFERSON CIRCUIT COURT D ‘ ,2 D'fé’glm FAMILY DIVISION THREE (3) ‘ ‘ .1 WW 8‘7; f ' DAVID RUSSELL MCENTIRE Jewry - PETITIONER 19-loar6 442 v. PETITIONER’S OBJECTION AND RESPONSE To BLSPOND_ENT’S MOTION TO CONTINUE HEARING JENNIFER RENEE HASLER RESPONDENT Petitioner, David Russell McEntire (“David”), by counsel, files his Objection and Response to the Motion to Continue Hearing filed by Respondent, Jennifer Renee Hasler (“Jennifer”), and states as follows: 1. NoticelMotjonIOrder Accompanied the Petition for Custody: The October 3, 2018, hearing was scheduled at this Court’s motion hour on August 20, 2018. David’s NoticelMotion/Order for Immediate Return of Child/Temporary Custody/and Possession was served upon Jennifer with the original Summons and Petition for Custody. The Motion also appeared on the Kentucky Court of Justice case e-docket. Counsel’s claim that Jennifer did not receive notice is in error. 2. Counsel hag notice of hearing: In open court on August 20, 2018, and by Order entered August 30, 2018, and distributed, the October 3, 2018, hearing date was set. Jennifer retained counsel, Krsna Tibbs. Mr. Tibbs entered his appearance on behalf of Jennifer on August 31, 2018, via e-filing with no notice to Petitioner’s counsel. E electronic case docket sheet dated August 31, 2018, Exhibit No. 1. Jennifer’s Response to the Petition was filed 1 September 5, 2018, with no notice to Petitioner’s counsel. The electronic docket “case events" plainly notices “Hearing scheduled for 10/03/2018”. Counsel apparently accepted the representation when he knew or should have known that'he had a conflict (robbery trial) and would not be available for the scheduled hearing. David’s efforts for the return of the parties’ child and parenting time should not be delayed because Jennifer retained counsel who is not available on the already established hearing date} On August 8, 2018, Jennifer unilaterally removed the parties’ 15-month old daughter without advance notice to or consent from David, joint custodian, and absconded with the child to Texas. The parties have never lived in Texas. David had no knowledge of the child’s removal until he went to pick—up the parties’ daughter early at daycare. 5% Petitioner’s Verified Petition for Custody. On August 30, 201 8, Jennifer brought the parties’ child to Kentucky but again fled with her on August 31, 2018, to Texas. Jennifer continues to dictate when David can and cannot have parenting time with his daughter and has denied him the shared parenting time to which he is entitled under law. WHEREFORE, Petitioner, David Russell McEntire, requests this Court to deny Respondent’s Motion to Continue. Further, Petitioner seeks temporary parenting time from September 22, 2018, to October 3, 2018, and such additional time as the Court may determine in establishing at hearing a temporary shared parenting schedule. Alternatively, ifthis Court should continue the hearing, then in such event Petitioner requests parenting time from September 22, 2018, until the continued date of hearing and establishment of a temporary shared parenting schedule. 2 c i I A proposed Order is attached. ls/ Denise M. Helline Denise M. Helline Bar ID #43352 CELEBREZZE & HELLINE The Normandy Building 101 North 7‘“ Street Louisville, KY 40202 (502) 589—3330 dhelline@gmail.com, Counsel for Petitioner, David Russell McEntire QEBTIFICATE OF SERVICE_ Itis hereby certified that a copy of the foregoing was served via U.S. mail, postage prepaid, to Krsna Tibbs, Esq., 214 S. 8‘“ Street, Apt. 201, Louisville, Kentucky, counsel for Respondent, on this 13‘“ day of August, 201 8. ls/ Denise M. Helline Denise M. Helline i On August 3 1, 2018, Petitioner’s counsel talked with Mr. Tibbs’ paralegal toconfirm the firm’s representation (per Courtnet entry) and to attempt to obtain parenting time between David and the child. The parties were aware ofthe hearing date. . 1'5”" . V MCENTIRE, DAVID VS. HASLER, JENNIFER > KENTUCIO/ JEFFERSON FAM ch/cxv DISTRICT CIRCUIT COUR COURT OFIUSUCE T Filed 0n 08/10/2018 as DOME an & FAMILY With HON. DEBORAH DEWEESE 18-CI-502220 **** NOT AN OFFICIAL COURT RECO RD **** HASLER, JENNIFER as DEFENDANT / RESPONDENT 1112 LADY CAROL DRIVE THE COLONYTX 75056 MCENTIRE, DAVID as PLAINTIFF / PEITI’IONER N >131‘i cnoésnM Rs DRIVE g LOUISVILLE KY 40245 HELLINE DENISE M., a5ATTORNEY FOR PLAINTIFF .101 N.7TH srriEET 3 LOUISVILLE KY 40202 2924 a? 1133;;KENAas ATTORIGEY FORDEFENDANT 7# W f U H fl w M‘w w i“ w M