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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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EJ:.I.'m M. E\IELHOCH.
Plaintiff
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VERSUS
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JAMES A. EVELHOCH. III
Defendant
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AND NOW,
PENNA.
No. 3733
2000
DECREE IN
DIVORCE
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,Iloo, , IT IS ORDERED AND
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DECREED THAT
Ellen M. Evelhoch.
, PLAINTIFF,
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AND James A. Evelhoch, III
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
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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;
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None
By TH
ATTEST:
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ELLEN M. EVELHOCH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
. 3
~ NO. 00- 313 CIVIL TERM
JAMES A. EVELHOCH, III,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action, You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TmS 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 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,
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ELLEN M. EVELHOCH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
~ NO. 00- 31~~IVIL TERM
JAMES A. EVELHOCH, III,
Defendant
The plaintiff, Ellen M, Evelhoch, by her attorneys, the Family Law Clinic, sets forth
the following causes of action:
COUNT!.
COMPLAINT UNDER 23 Pa.C.S. SECTIONS 3301(c) and 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Ellen M. Evelhoch, who currently resides at 116 N. Prince Street, Apt.
#3, Shippensburg, Cumberland County, Pennsylvania, 17257, since February, 2000.
2. Defendant is James A. Evelhoch, III, who currently resides at 100-B Verbeke
Street, Marysville, Perry County, Pennsylvania, 17053, since June, 2000.
3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for at
least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 7, 1990, in Carlisle,
Cumberland County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since April 1, 1999.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marrIage.
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COUNT II.
CUSTODY
9. Plaintiff repeats and re-alleges previous paragraphs of this complaint.
10. Plaintiff seeks custody of the following children:
Name
Gloria Sue Evelhoch
Present Address
Date of Birth
Ashlee Nicole Evelhoch
116 N. Prince St., Apt. 3, Shippensburg, PA
116 N. Prince St., Apt. 3, Shippensburg, PA
7/20/92
1/13/94
The children were not born out of wedlock.
The children are presently in the custody of Ellen M. Evelhoch, who resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania.
During the past five years, the children have resided with the following persons at the
following addresses:
Persons Addresses Dates
Ellen M. Evelhoch 6835 Ebonezer Road 6/95-4/1/99
James A. Evelhoch, III Orrestown, P A 17244
Ellen M. Evelhoch 6835 Ebonezer Road 4/1/99-5/99
Orrestown, P A 17244
Ellen M. Evelhoch 63 Big Spring Terrace 5/99-8/99
Gloria J. Popp (Ellen's mother) Newville, PA 17241
Ellen M. Evelhoch 122 S. 3'd Street 8/99-11/99
Larry R. Woodal, Jr. Chambersburg, PA 17201
Ellen M. Evelhoch 63 Big Spring Terrace 11/99-2/00
Gloria J. Popp (Ellen's mother) Newville, P A 17241
Ellen M. Evelhoch 116 N. Prince St., Apt. #3 2/00-present
Larry R. Woodal, Jr. Shippensburg, P A 17257
The mother of the children is Ellen M. Evelhoch, who currently resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania. She is currently,
married to the defendant.
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The father of the children is James A. Evelhoch, III, who currently resides at lOO-B
Verbeke Street, Marysville, Perry County, Pennsylvania. He is currently married to the
plaintiff.
11. The relationship of the plaintiff to the children is that of mother. The plaintiff
currently resides with the following persons:
Name
Relationshio
Gloria Sue Evelhoch
Daughter
Daughter
Ashlee Nicole Evelhoch
TabithaL. Woodal
Daughter
Larry R. Woodal, Jr.
Boyfriend
12. The relationship of defendant to the children is that of father. The defendant
currently resides with the following persons:
Jamie Wilt
Relationship
Girlfriend
Name
13. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court. Plaintiff has
no information of a custody proceeding concerning the children 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.
14. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
a) Plaintiff has been primary caretaker of the children since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and
physical surroundings for the children, whose best interests would be served by an award of
primary physical custody to the plaintiff.
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15. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, plaintiff requests the court to grant custody of the children to her.
Date~
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct, to
the best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C,S, 94904, relating to unsworn falsification to
authorities.
Date: t;-/C-Oa
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Ellen M. Evelhoch
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Ellen M. Evelhoch,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
DIVORCE, CUSTODY
James A. Evelhoch, III,
Defendant
NO. 00- 3733
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Ellen M. Evelhoch, Plaintiff, to proceed in forma pauperis.
I, Melanie D. Walz, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto.
;1lAA'iM R. .~
M anie Walz
Cmjf~~
ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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Ellen M. Evelhoch,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CNIL ACTION - LAW
: DNORCE, CUSTODY
: NO. 00-313JCNIL TERM
James A. Evelhoch, III,
Defendant
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Ellen M. Evelhoch
Address: 116 N, Prince Street, Apt. #3
Shippensburg, P A 17257
Social Security No.: 167-56-2312
(b) Employment
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date oflast employment: Nov. 27,1999
Salary or wages per month: $3001 wk
Type of work: Hoffman Mills, Shippensburg, textile factory-laborer
(c) Other income within the past twelve months
Business or profession:
Interest:
Dividends:
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Pension and annuities:
Social security benefits:
Support payments: Child support of $842.80 per month ($98 per child per week x
4.3 weeks per month)
Spousal support of $55.90 per month ($13 per week x 4.3 weeks)
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: None currently
Food Stamps: $ 123/month currently
(d) Other contributions to household support
(Wife)(Husband) Name: None
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash: None
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle:
$4626 owed. I am current on payments of $2001 month
Stocks; bonds:
(f) Debts and obligations
Mortgage:
Rent: $4351 month
Loans:
Groceries not covered by food stamps: $1201 month
Phone: $521 month
Electric: $27/ month
Gas for car: $801 month
Insurance: $92.961 month
Gas for apartment: $81 month
Clothes, Shoes, and other expenses: $40/ month
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Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name:
Gloria Sue Evelhoch
AsWee Nicole Evelhoch
Tabitha Lynn Woodal
Age:
7
6
4 weeks
DOB
7/20/92
1/13/94
5/18/00
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. M904, relating to
unsworn falsification to authorities.
Date/:'-/( - a 0
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Ellen M. Evelhoch, Petitioner
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SHERIFF'S RETURN - OUT OF COUNTY
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~ASE NO: 2000-03733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EVELHOCH ELLEN M
VS
EVELHOCH JAMES A III
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
EVELHOCH JAMES A III
but was unable to locate Him
deputized the sheriff of PERRY
, to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within ORDER OF COURT, PETITION
On September 19th , 2000 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing
Out of county
Surcharge
Dep. Perry Co
18.00
10.00
9.00
32.30
.00
69.30
09/19/2000
Sworn
and subscribed to before
:l1J E!= day of ~
this
;2. tJ-u1) A . D .
W- 0 ~ge." i~nf'--
Prot onotar
mas Kline
iff of Cumberland County
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Ellen M. Evelhoch
VS.
James A. Evelhoch, III
No, 20000
3733 Civil
, Now,
AUgust 28
, 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
, ~~ L-.c~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this_day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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Ellen M, Evelhoch
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Versus
James Evelhoch,1II
No. 2000-3733
SHERIFF'S RETURN
And now
August 29 ,2000: Served the within name James Evelhoch,1I1
the defendant(s) named herin, personally at his place of residence in Marysville Boro
Perry County, PA, on August 29,2000 at 9:40 o'clock AM
by handing to James Evelhoch,1II , an adult member of family 1 true and attested
copy(ies) of the within Court Order & Petition for Special
Relief
and made known to him the contents thereof
Sworn and subscribed to before me this /;dJ
dayof~, ,r9o~()
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MAlIGAIIElf.fUCK1NGER. NOTACOllYuPllBUCNlY
BlOOMRaoBORO.. PERlIY
M'f' ISSION EXPIRES FEO, 16 2004
So answers,
~~\U-..;L~ -
~P"l Sheriff of Perry County
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ELLEN M. EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
v.
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CIVIL TERM
VERIFICATION OF SERVICE
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa. C.S. g4904 (relating to unsworn falsification to authorities), the undersigned verifies
that I, Melanie D. Walz, mailed a true copy of the Complaint for Divorce and Custody and a
copy of the In Forma Pauperis request on the Defendant by placing the same in the U.S. Mail,
certified no. Z 338765538, restricted delivery, return receipt requested, postage prepaid, on the
19th day of June, 2000 addressed as follows:
James A. Evelhoch, III
100B Verbeke Street
Marysville, P A 17053
Sender's receipt no. Z 338 765 538 is attached hereto and incorporated by reference.
On the 26th day of June, 2000, green return receipt no, Z 338765538 was delivered to
the Family Law Clinic, bearing the signature of James A. Evelhoch, III. The return receipt is
attached hereto and incorporated by reference.
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Me ieD. Walz
Certified Legal Intern
F AMIL Y LAW CLINIC
45 N. Pitt St.
Carlisle, P A 17013
717-243-2968
Dated: June 26, 2000
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ELLEN M. EVELHOCH,
Petitioner
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CNIL ACTION- LAW
: CUSTODY
JAMES A. EVELHOCH, III,
Respondent
:NO. 00-3733 CNIL TERM
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY
PURSUANT TO P A R.C.P. 1915.13
AND NOW, this 28th day of August, 2000, pursuant to Rule 1915.13 of the Pennsylvania
Rules of CiVil Procedure, comes the Petitioner, Ellen M. Evelhoch, by her attorneys, the Family
Law Clinic, seeking emergency custody of the minor children, Gloria Sue Evelhoch, born July
20, 1992, and Ashlee Nicole Evelhoch, born January 13, 1994. Petitioner states the following in
support of her Petition for Special Relief:
1. The petitioner is Ellen M. Evelhoch, an adult individual who resides at 1 South High
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Street, Newville, Cumberland CountY, Pe'nnsylvania 17241.
2. The respondent, James A. Evelhoch, III, is an adult individual who resides at 100B
Verbecke Street, Marysville, Perry County, Pennsylvania 17053.
3. The petitioner is the biological mother (hereinafter "Mother") of the minor children,
Gloria Sue Evelhoch, born July 20,1992 (hereinafter Gloria), and Ashlee Nicole
Evelhoch, born January 13, 1994 (hereinafter Ashlee).
4. The respondent is the biological father (hereinafter "Father") of Gloria and Ashlee.
5. Mother has been the primary caretaker of the children since their births, having done
most of the changing of diapers, bathing, dressing, and feeding of the children.
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6. Since the separation of Mother and Father on April 1 , 1999, the children have lived with
Mother.
7. Since September, 1999, based upon an oral agreement between Mother and Father, Father
has had partial custody of the children every other weekend.
8. Under the oral agreement, Mother has had primary physical custody of the children, and
Father has had partial physical custody of the children every other weekend, from noon
on Saturday to 5:00p.m. on Sunday during the school year, and from noon on Saturday to
noon on Monday during the summer. The parties agreed to exchange the children at a
location neutral to both parties. The current place of exchange is Bubb's Auto Service
and Sales, located at 3299 Ritner Highway, Newville, Cumberland County, Pennsylvania.
9. In accordance with the agreement, Father obtained the children at noon on Saturday,
August 26,2000. Because school began on August 28,2000, Father was to retum the
children by 5:00 p.m. on Sunday, August 27,2000.
10. At approximately 11:30 a.m. on Sunday, August 27, 2000, Father called Mother's house
and told Mother's boyfriend, Larry R. W oodal, that Father was not going to retum the
children. Mother called Father to ask him to explain, but Father refused.
11. Despite their earlier conversation, Mother went to the place of exchange at 4:45 p.m..
She waited until 5: 15 p.m. for Father to arrive with the children.
12. Because Father did not arrive at the place of exchange, Mother traveled to Father's house,
where she found the children outside with Father and his girlfriend, Jamie Wilt. When
Mother and Larry Woodal got out of the car, Ms. Wilt forcibly pulled Gloria into a
neighbor's house. Father and Mother then had a physical altercation over Ashlee, who
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was outside and crying. Ultimately, Ashlee ran into Mother's car. Father then told
Mother that Gloria was staying with him, and Mother, Mr. W oodal, and Ashlee went
home.
13. Father has disrupted the status quo by not complying with the oral agreement and
refusing to return the children to Mother after their weekend visit.
14. Ashlee and Gloria are enrolled in the Newville Elementary School for the 2000-2001
school year. A copy of their enrollment record is attached as Exhibit A.
15. Classes began at the Newville Elementary School on Monday, August 28,2000.
16. Mother did not allow Ashlee to attend the first day of classes out of fear that Father
would remove Ashlee from school.
17. Upon information and belief, Gloria has not attended school as a result of Father's
actions.
18. Father is a truck driver. Due to his work schedule, he is out of the house every week day
evening, beginning around 5:00 or 5:30 p.rn. until 10:30 a.rn. the nextmoming. As a
result, Father's girlfriend, Jamie Wilt, would be caring for the children if the children
were residing in Father's house.
19. Father has threatened to remove the children from the Commonwealth of Pennsylvania.
Jamie Wilt has family living in Maryland.
20. Mother believes and avers that it is in the best interests of the minor children that Mother
be granted temporary legal and temporary sole physical custody of the children Gloria
Sue Evelhoch, and Ashlee Nicole Evelhoch, until further Order of Court, because:
a) she has been the primary caretaker of the children during their entire lives;
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b) she lives in the school district in which the children are enrolled for the 2000-
2001 school year;
c) Father's actions have disrupted the status quo;
d) Father's actions have interfered with the childrens' schooling and have separated
the siblings;
e) Petitioner, a parent, should care for her children, rather than a non-parent, Jamie
Wilt; and
f) Father has threatened to remove the children from the Commonwealth of
Pennsylvania.
WHEREFORE, the Petitioner, Ellen M. Evelhoch, respectfully requests that this
Honorable Court enter an Order in the form attached hereto, providing that the Petitioner shall
have temporary legal and temporary sole physical custody of the children, ordering Respondent
to return Gloria Sue Evelhoch to Petitioner immediately, ordering the Cumberland County
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Sheriff to deputize the Perry County Sheriff to serve the Order on Respondent and to effectuate
the immediate retnm of Gloria Sue Evelhoch to Petitioner, and setting a date and time for a
hearing on Petitioner's Petition for Special Relief.
f) ! ()B lev
Date! /
Respectfully submitted,
t
Marcy Wrigh
Certified L !trIntern
ROBERT E. RAIN
THOMAS M. PLACE
TERl L. HENNING
Supervising Attorneys
FAMILY LAW CLINlC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
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VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief are true
and correct, to the best of my knowledge, information and belief. I understand that making
any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date: ,?-;;} ~ -0 0
atL~ Cw,/L4
Ellen M. Evelhoch .
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b. Name and Telephone Number of ?erson or Sc~ool
Ad~inistra~or at Former School Having Knowledge of
Suspension/Expulsion:
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c. Date of Suspension or Expulsion:
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d. Explanation of Reason(s) for Suspension or
Expulsion: '"
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(A~~a=h a==i~io~al shee~s i: ne:essa=y ~o fu~l: ex?lain =eas~~s.)
4. That I understand the 3iq Spring School District is
relying upon this statement in passing upon the admission of the
?roposed Student to its public school system, and that any ~ilful
false statements made herein shall be punishable as a criminal
act as a misdemeanor of the third degree.
5. That the foregoing s~aternents a~= true and correct.
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(Signature)
State your relationship to
Proposed Student:
l1".ur./t~r
S~orn to (or affirmed)
this /7"""tlf. day p~
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and subscribed before me
r:,2t2&o
133
Notarial Seal
Rebacca J. Herr, NoIe/)' PubJlc
East ~nilsbafo l\vp" Cumbirlmd County
My Commission &pires May 24, 2003
Mamoer,l'tnnsylvenia AIIcl;lalllln 1lI NGlIIleI
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SwO?~N STAT~!ENT O~ A:?I~_~TION 0: ?;~!NT,
GUlL'IDIAN OR OTr.lER ?!RSON E,;;VDiG cE."'~::;! OR
CONTROL OF STUDENT T~~~SFER.~ING TO
:a-G SwnTN~ ~C~~OT DI~~~T~c
..L. _="._. __ ~ ..w o..J ....-='--'-_
COMMO~-~~~LTr.l OF ?ENNSYLV~~IA
SS.
COUNTY
OF
CUMBERLAND
~...,., /?7 r,,"~.4......< , being duly s;.rorn (or
{Na.::'le cf ?arent, Gua:dian c= o:~e= ?e:son,)
aII~rmed) according to law, deposes and says:
1.
That this sworn statement
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0.-. a_~.;,......ua,-_on
is submitted
~o Big Spring School District ;.rith
A,-/,4 <: '/1/ ,cL'< ilo t' I
(NL~e of ?=oposec Stud~nt)
regard 'to
(h.=-.=; -,.::!.-f";"'jO"'"
.a_.l.. __!.__ '-__
called
"Proposed
Student") pursuant to Section :J04-A of the Public School Code of
1949, as amended by Act 26 of 1995;
2. That I hereby represent, state and declare that the
Proposed Student ~/wAS NOT previously
(St=ike ou't. !:l2.?;:==?=ia-:e ;';O=::{S))
suspended or expelled from any public or private school
in
"~.o
'-aa_
CO~uon;.realth of Pennsylvania or any other state for an act or
offense involving weapons, alcohol or drugs, or for the wilful
infliction of injury to another person or for any act of violence
committed on school property.
J. That if the ans;.rer in paragraph 2 above indicates any
such suspension or expulsion, I hereby supply the follo;.ring
ad.ditional information (!f no s:.::h suspe:ls.L::m 0:" ex?:.:lsicn has o==:.:==ed,
in5er~ ~he ~o=d "NoneH a~ each pla:a ~elow) :
a.
Name and address of School:
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b. Name and Tele~hone Number of ?erson or School
Ad=inistrator at Former School Having Knowledge of
c. Date of Suspension
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or Expulsion:
"
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Suspension/Expulsion:
d. Explanation of Reason(s) for Suspension or
Expulsion:
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(^~~a=~ a=c~~ic~al
shee~s i: ~e=essa=: ~c fu~~y explain =easo~s.)
,
.,.
That I understand ~he 3iq Spring 5=hool District is
relying upon this statement in passing upo~ the a~uission of the
?roposed Student to its public school syste~, and that any ~ilful
false statements made herein shall be punishable as a criminal
act as a wisdemeanor of the third degree.
5. That the foregoing s~atements are true and correct.
f'&...::z' ~/..
(Signature)
State your relationship to
Proposed Student:
/7'7 fY ,/..(' c/l
S....orn
~o (or affirmed) and subscribed
17'Ci.- day of ar:
4(~~~~~
befo=e me
02=0
B9
"this
NolarlaI Seal
Aebocca J. H8If, Nol8ly Public
East PIlnilsllalO 1WII.. CUrrobWnd County
My CommisSIon ExpIres May 24. 2003
MlIrnller. PI/lIlSyII'aIlI~'" NOIInes
g~" _-'> "III./IlillKMf&j~~IlWt.~~;"~I~ml~~' "
,0,. Ba
,
SWO?,,'l STATD-!:ENT 0", A:::::RK~T!ON 0: Pjl_~:::NT,
GUjl~~IA-~ O~ OT~ER ?:::~SON S~VrNG ca~~~::: OR
CONTROL OF STuDENT I~~~SFER.qING TO
BIG SPRING SC~~OL DIST~I:T
,
,
COMMO~-w~~LTH OF ?ENNSYLV&~IA
55.
COUNTY
OF
CUMBERLAND
f//....., //? E 1/(,,/ Ioct,' , being duly sW'o::-n (or
(N~~e of ?arent, Gua:dian 0= ~~2: ?e:son)
affirmed) according to law, de?oses and says:
14 That this Svlorn state::ent (or i:.ffirmation) is suhrni-:.ted
~o Big Spring School District "ith regard ~o
t:./"",'9 'S' ~w /kJP L
(N~ue of ?:oposed S~udent)
(n' .=.....~;~::If+Q.,..
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called "?ro?osed
Student") pursuant to Section lJ04-A, of the Public School Code of
1949, as amended by Act 26 of 1995;
2_ Tba~ I hereby represent, state and declare that the
?roposed student ~~AS NOT previously
(S~=ike Ou~ !~a;?==?=ia~e ~==:(s)}
suspended or expelled from any public or private school in the
COlW-nonwealth of Pennsylvania or any othiar state for an act 0:::
offense involving weapons, alcohol or drugs, or for the wilful
infliction of injury to another person l:lr for any act of violence
committed on school property.
3. That if the answer in paragraph 2 above indicates any
such suspension or expulsion, I hereby su??ly the following
additional information (If no s~:;, 5uspe:lsi.~:'l 0: ex?~lsion has o:::,,-===ad,
i:'1se=-= ::ne
'.'--~
.......--
"None"
at each ?l~=e ~elo~) :
a. Name and address of School:
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ELLEN M. EVELHOCH,
Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
JAMES A. EVELHOCH, III,
Respondent
00-3733 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of September, 2000, Paragraph 1
of the temporary order entered on August 28th, 2000, is vacated
and replaced with this temporary order:
Pending a further Order of Court, following a
conciliation conference, the mother shall have custody of Gloria
Sue Evelhoch, born July 1992, and Ashlee Nichole Evelhoch, born
January 13, 1994, and the father shall have the children every
other weekend from Saturday at noon until Sunday evening at
5:00 p.m. starting Saturday, September 9, 2000.
The parties shall be sure that the father sees the
children on holidays, pursuant to an agreement, pending further
Order of Court.
Parties shall exchange custody in a neutral place,
and during any exchange of custody Larry Woodall should not be
present.
Edgar
Family Law Clinic
For the Petitioner
James Kayer, Esquire
For the Respondent
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ELLEN M. EVELHOCH,
Petitioner
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
:CUSTODY
JAMES A. EVELHOCH, Ill,
Respondent
:NO. 00-3733 CNIL TERM
ORDER OF COURT
AND NOW, this A'iU day of ~t ,2000, upon consideration of the
attached Petition for Special Relief, it is hereby Ordered as follows:
1. The Petitioner, Ellen M. Evelhoch, shall have temporary legal and temporary sole
physical custody of her minor children, Gloria Sue Evelhoch, born July 20, 1992, and
Ashlee Nicole Evelhoch, born January 13, 1994, until further Order ofthe Court.
2. Respondent shall retnm Gloria Sue Evelhoch to Petitioner immediately.
3. The Cumberland County Sheriff shall deputize the Perry County Sheriff to serve this
Order on Respondent and to effectuate the immediate retnm of Gloria Sue Evelhoch to
Petitioner.
4. A hearing regarding this Petition for Special Relief is hereby scheduled for the {ti:
daYO~j~2000at /1:30 o'clock 14M in Courtroom Number ~',
Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties,
along with their legal counsel, shall appear in person.
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ELLEN M. EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
:DIVORCE,CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CNIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on
June 19, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a fmal decree of divorce after service of notice of intention to
request entry of the decree.
I verif'y that the statements made in this affidavit are true and correct. I understand that
false staternents herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date ~,/; / N" I7ro!
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ELLEN M. EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CNIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. !}4904 relating to unsworn
falsification to authorities.
Date: -'1- II - 0 /
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ELLEN M. EVELHOCH, Plainti f
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ELLEN M. EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CNIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
l:l3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: Iltr I / ~ ,,)00/
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNILACTION - LAW
: DNORCE, CUSTODY
v.
JAMES A. EVELHOCH, 111,
Defendant
: NO. 00-3733 CNIL TERM
CERTIFICATE OF SERVICE
I,Steven T. Boell, hereby certifY that I am serving a true and correct copy of the
Plaintiffs Waiver of Notice to Request Entry of a Divorce Decree, Plaintiff's Affidavit of
Consent, Defendant's Waiver of Notice to Request Entry of a Divorce Decree, and Defendant's
Affidavit of Consent on James M. Evelhoch, residing at 1 Spur Lane, Duncannon, Pennsylvania
17020, by first class U.S. mail.
Date 4/ J C, / C9lD
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STEVEN T. BOELL
Certified Legal Intern
ciZs:; pl~
ROBERT E. RAINS
Supervising Attorney
TERl HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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ELLEN M. EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CNIL TERM
CERTIFICATE OF SERVICE
I, Steven T. Boell, hereby certifY that I am serving a true and correct copy of the Praecipe
To Transmit Record and Vital Statistics Form on James M. Evelhoch, residing at 1 Spur Lane,
DuncanJlon, Pennsylvania 17020, by flTst class U.S. mail.
Date q! do ~ / b f
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STEVEN T. BOELL
Certified Legal Intern
~~PIA~
ROBERT E. RAINS
Supervising Attorney
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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ELLEN M. EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
: DNORCE, CUSTODY
JAMES A EVELHOCH, Ill,
Defendant
: NO. 00-3733 CNIL TERM
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: mutual consent under 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: June 23, 2000 by Certified Mail.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by ~3301(c) of the
Divorce Code: by plaintiff April 11 , 2001; by defendant April 11, 2001.
(b)(1) Date of execution of the affidavit required by ~3301(d) of the Divorce
Code: NI A ; (2) Date of filing and service of the plaintiffs affidavit
upon the respondent: N/ A
4.
Related claims pending:
None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: N/A
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(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: Aorilll, 2001
Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: Aorilll, 2001
Date' q/J V /01
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STEVEN T. BOELL
Certified Legal Intern
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S M. PLACE
ROBERT E. RAINS
Supervising Attorney
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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ELLEN M. EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CML ACTION - LAW
: DNORCE, CUSTODY
JAMES A. EVELHOCH, 1lI,
Defendant
: NO. 00-3733 CNIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on
June 19, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unSWorn falsification to authorities.
Date '1-/1- 0 I
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ELL N M. EVELHOCH, laintiff
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RECEIVED JUL 05 2005Y"Y
ELLEN M. EVELHOCH,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JAMES A. EVELHOCH,
Defendant
: NO. 2000-3733 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this ---1Ll:!.day of 'S.. ~ ,2005, upon
consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. / , of the Cumberland
COUDty Court House, on the cl4Uu day of ~~ , 2005, at 9; 3 t)
o'clock, fr . M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. COUDsel for each party shall file with the Court and opposing cOUDsel a
Memorandtllil setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated August 18, 2003 shall remain in full force.
3. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
oler.Tr.
cc: David Lopez, Esquire, cOUDsel for Father
Michael Palermo, Esquire, cOUDsel for Mother
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ELLEN M. EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
JAMES A. EVELHOCH,
Defendant
: NO. 2000-3733 CIVIL TERM
: IN CUSTODY
PRIOR JUDGE: EDGAR B. BAYLEY, J.
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 Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Gloria S. Evelhoch
Ashlee N. Evelhoch
July 20, 1992
January 13, 1994
Mother
Father
2. A Conciliation Conference was held July 5, 2005 with the following
individuals in attendance: The Father, James A. Evelhoch, with his counsel Aaron
Nenharth, Esquire, substituting for David Lopez, Esquire and the Mother, Ellen M.
Evelhoch, with her counsel, James Nelson, Esquire, substituting for Michael Palermo,
Esquire.
3. The Court previously entered an Order of Court on August 18, 2003,
providing for shared legal custody, Mother having primary physical custody of Gloria
and Father having primary physical custody of Ashlee. The girls spend weekends and
summers together.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody of both children. He maintains that Mother has moved several
times since the prior Order of Court, creating an unstable environment for Gloria and
disrupting her education. Gloria's grades have dropped and she almost failed the eighth
grade this past school year. Father asserts that Ashlee is an honor roll student. Father
further asserts that the girls should reside together.
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5. Mother's position on custody is as follows: Mother is satisfied with the
status quo, although she maintains also that the girls should live together. She proposes
that she should have primary physical custody of both girls. Mother maintains that
Father works in Maryland and Ashlee is actually being raised by Father's new wife.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo pending a hearing. It is expected that the
Hearing will require one day.
1::' s --() ~
Date
ac eline M. Verney, Esquire
Custody Conciliator
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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA
, AUG 1 8200J
ELLEN M. EVELHOCH,
PlaintifflRespondent
: Civil Action - Law
v.
: No. 00-3373
JAMES A, EVELHOCH,
Defendant/Petitioner
: In Custody
ORDER OF COURT
AND NOW, this 1?5 day of
,2003, based on the stipulation of the
parties, the Court hereby Orders as follows:
~
1. Petitioner (hereinafter "Father") ~d Respondent (hereinafter "Mother") shall have shared
legal custody of their minor children, Gloria S. Evelhoch, born July 20, 1992, and Ashlee N.
Evelhoch, born January 13, 1994.
2. Father shall have primary residential custody of Ashlee N. Evelhoch subject to Mother's
periods of partial cus~y on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Mother shall retain primary residential custody of Gloria S. Evelhoch subject to Father's
periods of partial custody on alternating weekends from Friday until Sunday_and at times mutually
.
agreeable to the parties.
3. Summers. Father and Mother shall have the children at times mutually agreeable to the
parties.
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PLAINTIFF'S
EXHIBIT
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Ellen Evelhoch, Plaintiff/Respondent v.
Page 2
James Evelhoch, Defendant/Petitioner
No. 00-3733 - Custody
4. Holidays. Father and Mother shall share holidays- particularly Christmas, Thanksgiving,
Easter, 4th of July and Memorial Day. The transfer of the children shall take place by 3:00 p.m. or
at a time mutually agreed upon by the parties.
5. Transportation. Mother shall make reasonable arrangements to pick up and return the
children.
6. Each non-custodial parent shall have reasonable telephone contact with the child(ren).
7. Neither parent shall remove the child(ren) from the Commonwealth of Pennsylvania
without prior written notification and approval by non-custodial parent.
By the Court,
}51 f .J..a-mJ (J. ~./') ,,90 tl/
Edgar B. ~y1ey, 1. ~O
David Lopez, Esq. for Petitioner
Defendant, Ellen M. Evelhoch
TRUE COPY FROM RECORD
In TestimDny whereof, I here unto set my hand
and e seal of 51. Court a arlisle, Pa.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJh,
AUB 1 a 2001
ELLEN M. EVELHOCH,
PlaintifflRespondent
: Civil Action - Law
v.
: No. 00-3373
JAMES A. EVELHOCH,
Defendant/Petitioner
: In Custody
ORDER OF COURT
AND NOW, this I CO day of
,2003, based on the stipulation of the
parties, the Court hereby Orders as follows:
~
1. Petitioner (hereinafter "Father") and Respondent (hereinafter "Mother") shall have shared
legal custody of their minor children, Gloria S. Evelhoch, born July 20, 1992, and Ashlee N.
Evelhoch, born January 13, 1994.
2. Father shall have primary residential custody of Ashlee N. Evelhoch subject to Mother's
periods of partial cu.y on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Mother shall retain primary residential custody of Gloria S. Evelhoch subject to Father's
periods of partial custody on alternating weekends from Friday until Sunday_and at times mutually
.,
agreeable to the parties.
3. Summers. Father and Mother shall have the children at times mutually agreeable to the
parties.
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Ellen Evelhoch, Plaintiff /Respondent v.
Page 2
James Evelhoch, Defendant/Petitioner
No. 00-3733 - Custody
4. Holidavs. Father and Mother shall share holidays- particularly Christmas, Thanksgiving,
Easter, 4th of July and Memorial Day. The transfer ofthe children shall take place by 3 :00 p.m. or
at a time mutually agreed upon by the parties.
5. Transportation. Mother shall make reasonable arrangements to pick up and return the
children.
6. Each non-custodial parent shall have reasonable telephone contact with the child(ren).
7. Neither parent shall remove the child(ren) from the Connnonwealth of Pennsylvania
without prior written notification and approval by non-custodial parent.
By the Court,
~~~~J-B. 4ft
David Lopez, Esq. for Petitioner
Defendant, Ellen M. Evelhoch
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and e seal O~fi Court a arlisle, Pa.
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rothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ELLEN M. EVELHOCH,
Plaintiff/Respondent
: Civil Action - Law
v.
: No. 00-3373
JAMES A. EVELHOCH,
Defendant/Petitioner
: In Custody
STIPULATION
1. Plaintiff/Respondent (hereinafter "Mother") is Ellen M. Evelhoch, an adult individual
currently residing at 63 Big Spring Terrace, Newville, Cumberland County, Pennsylvania.
2. Defendant/Petitioner (hereinafter "Father") is James A. Evelhoch, an adult individual
currently residing at RR 4, Box 4572, Duncannon, Perry County, Pennsylvania.
3. Mother and Father are the natural parents of the children, Gloria S. Evelhf!h, 1:fijn J~
'\J i~;~, ~ . ..~
20,1992, and Ashlee N. Evelhoch, born January 13, 1994. IT'rc G) CT~:J
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The children were born in wedlock. ~ ~,., ..,., 0: ~~
4. Mother and Father have participated as a party in other litigation concen'lf4: the fustoj. m
_..1 -;::) ---..
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of the child in another court. Mother and Father have no knowledge of any other custody
proceedings concerning thechild(ren) pending in any court of this Commonwealth. Mother and
Father do not know of any other people not a party to these proceedings who have physical custody
of the child(ren) or claim to have custody or visitation rights with respect to the child(ren).
5. Both Mother and Father agree that it is in the best interest of the child(ren) for the Court
to enter the attached Order of Court.
. -'
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WHEREFORE, this _ day of
,2003, Mother and Father, intending to be legally
bound and waiving their right to be present when this agreement and order are presented and
executed, hereby stipulate and agree that the Court may enter the following order in the above
captioned case:
ORDER OF COURT
AND NOW, this
day of
, 2003, based on the stipulation of the parties,
the Court hereby Orders as follows:
1. Petitioner (hereinafter "Father") and Respondent (hereinafter "Mother") shall have shared
legal custody of their minor children, Gloria S. Evelhoch, born July 20, 1992, and Ashlee N.
Evelhoch, born January 13, 1994.
2. Father shall have primary residential custody of Ashlee N. Evelhoch subject to Mother's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Mother shall retain primary residential custody of Gloria S. Evelhoch subject to Father's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Summers. Father and Mother shall have the children at times mutually agreeable to the
parties.
4. Holidavs. Father and Mother shall share holidays- particularly Christmas, Thanksgiving,
Easter, 4th of July and Memorial Day. The transfer of the children shall take place by 3:00 p.m. or
at a time mutually agreed upon by the parties.
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5. Transportation. Mother shall make reasonable arrangements to pick up and return the
children.
6. Each non-custodial parent shall have reasonable telephone contact with the child(ren).
7. Neither parent shall remove the child(ren) from the Commonwealth of Pennsylvania
without prior written notification and approval by non-custodial parent.
The parties further agree that in the procuring of this agreement there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing by either party.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have signed hereunto.
WITNESS
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1 es A. Evelhoch
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Ellen M. Evelhoch
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I verifY that the statements made in the foregoing Stipulation are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
1l-'Vo.A,
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es A. Evelhoch
I verify that the statements made in the foregoing Stipulation are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: <;r- /)-Os
fltLL ~Ii.{
Ellen M. Evelhoch
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ELLEN M. EVELHOCH,
Plaintiff! Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO.00-3733
CNIL TERM
JAMBS A. EVELHOCH,
Defendant! Petitioner
:CUSTODY
PETITION FOR MODIFICATION
DefendantlPetitioner, James A. Evelhoch, by and through his counsel, David Lopez of
LopezNeuharth LLP, states the following:
1. Petitioner is the above-named Defendant, hereinafter referred to as the father, who
currently resides at RR 4, Box 4572, Duncannon, Perry County, Pennsylvania.
2. Respondent is the above-named Plaintiff, Ellen M. Evelhoch, hereinafter referred to
as the mother, who resides at 63 Big Spring Terrace, Newville, Cumberland County,
Pennsylvania.
3. The above-named parties are the natural parents of Gloria S. Evelhoch, born July 20,
1992 and Ashlee N. Evelhoch, born January 13, 1994.
4. The father has filed a Custody Stipulation and Agreement contemporaneously with
the filing of this Petition for Modification.
5. The father and the mother concur that it is in the children's best interest to allow for
this modification.
WHEREFORE, Petitioner requests this honorable Court grant the attached Custody
Stipulation and Agreement.
D vid Lopez
AttDrney for Defendant! P
Law Offices ofLopezNeu LLP
40 I East Louther Street, Sui1e 101
Carlisle, P A 17013
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, VERIFICATION
I, James A. Evelhoch, verify that 1 am the Petitioner as designated in the present action and
that the facts and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa.C.S.s4904, relating to unsworn falsification to authorities.
~~i$
ames A. Evelhoch
Defendant/PetItlOner
'?r~ / 4 ~o 3
Date
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Susquenita Middle School
1725 Schoolhouse Road
Duncannon, PA 17020
(717) 957-6000 (Option 2)
www.susq.kI2.pa.us
Report Card
To the parents of:
Evelhoch, Ashlee
RD# 4 Box 4572
Duncannon, PA 17020
Grading Scale:
A = 93%-100%
B = 85%-92%
C = 77%-84%
D = 70%-76%
F = 69% or below
I = Incomplete
M = Medical
P = Pass
Grade Level: 5
Student ID#: 120361
Excused Absences: 2
Unlawful Absences: 2
Course Name
Number
Teacher
Ql
Q2
Q3
Q4
Final
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*** Congratulations, you have achieved Honors. Keep up the good work! ***
Teacher Comments
Art-5
Comm.Arts-S'
Compltter Ed. - 5
Math - 5
Physical Education - 5
Science ~ 5
Social Studies - 5
World Language - 5
"Good test results. .
"Good class participation.
iGood class participation. *Is attentive. *Uses class time properly.
"Good class participation.
"Uses class time properly.
';f.{Jses.-aass time' properly. "'Assumes responsibility. *Shows effort. *Respectful.
"'Shows effort.
DEFENDANT'S
EXHIBiT
10' d~..o> I
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School Message
Have a safe. healthy and happy summer.
Middle School summer office hours are 7:00 a.m... 3:00p.m. daily.
Homeroom assignments will be sent the week of August 15th.
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ELLEN M. EVELHOCH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
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~ NO. 00- '?:J1J CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown ofthe
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
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.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 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.
EXHIBIT
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ELLEN M. EVELHOCH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
; :?~
: NO. 00- 31 CIVIL TERM
JAMES A. EVELHOCH, III,
Defendant
The plaintiff, Ellen M. Evelhoch, by her attorneys, the Family Law Clinic, sets forth
the following causes of action:
COUNT!.
COMPLAINT UNDER 23 Fa.C.S. SECTIONS 330 l( c) and 330 l( d)
OF THE DIVORCE CODE
1. PJaintiffis Ellen M. Evelhoch, who currently resides at 116 N. Prince Street, Apt.
#3, Shippensburg, Cumberland County, Pennsylvania, 17257, since February, 2000.
2. Defendant is James A. Evelhoch, III, who currently resides at 100-B Verbeke
Street, Marysville, Perry County, Pennsylvania, 17053, since June, 2000.
3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for at
least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 7, 1990, in Carlisle,
Cumberland County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since April 1, 1999.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
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COUNT 11.
CUSTODY
9. Plaintiff repeats andre-alleges previous paragraphs of this complaint.
lO. Plaintiff seeks custody of the following children:
Name
Present Address
Date of Birth
Gloria Sue Evelhoch
116 N. Prince St., Apt. 3, Shippensburg, PA
116 N. Prince St., Apt. 3, Shippensburg, PA
7/20/92
1/13/94
Ashlee Nicole Evelhoch
Tbe children were not born out of wedlock.
Tbe children are presently in the custody of Ellen M. Evelhoch, who resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania.
During the past five years, the children have resided with the following persons at the
following addresses:
Persons Addresses ~
Ellen M. Evelhoch 6835 Ebonezer Road 6/95-4/1/99
James A. Evelhoch, III Orrestown, P A 17244
Ellen M. Evelhoch 6835 Ebonezer Road 4/1/99-5/99
Orrestown, P A 17244
Ellen M, Evelhoch 63 Big Spring Terrace 5/99-8/99
Gloria J. Popp (Ellen's mother) Newville, PA 17241
Ellen M. Evelhoch 122 S. 3'd Street 8/99-ll/99
Larry R. Woodal, Jr. Chambersburg, P A 17201
Ellen M. Evelhoch 63 Big Spring Terrace 11/99-2/00
Gloria J. Popp (Ellen's mother) Newville, PA 17241
Ellen M. Evelhoch 116 N. Prince St., Apt. #3 2/00-present
Larry R. Woodal, Jr. Shippensburg, P A 17257
The mother of the children is Ellen M. Evelhoch, who cUITently resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania. She is currently.
married to the defendant.
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,
The father of the children is James A. Evelhoch, III, who currently resides at 100-B
Verbeke Street, Marysville, Peny County, Pennsylvania. He is currently married to the
plaintiff.
11. The relationship of the plaintiff to the children is that of mother. The plaintiff
currently resides with the following persons:,
Name Relationship
Gloria Sue Evelhoch Daughter
Ashlee Nicole Evelhoch Daughter
Tabitha L. W oodal Daughter
Lany R. W oodal, Jr. Boyfriend
12. The relationship of defendant to the children is that of father. The defendant
currently resides with the following persons:
Name Relationship
Jamie Wilt Girlfriend
13. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court. Plaintiff has
no information of a custody proceeding concerning the children 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.
14. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
a) Plaintiff has been primary caretaker of the children since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and
physical surroundings for the children, whose best interests would be served by an award of
primary physical custody to the plaintiff.
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15. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, plaintiff requests the court to grant custody of the children to her.
Date~
~Jliuw D. '-j~
Me! ie D. Walz
Certified Legal Intern
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
7171240-5204
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct, to
the best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to
authorities.
Date: ;: oj (- On
fdeL~ ~LL
Ellen M. Evelhoch
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BIG SIIRING SCHOOL DISTRICT
PLAlNFIEW ELEMENTARY SCHOOL
. 7 Springview Road
Carlisle. P A 17013
i (717) 243-5703
,i
Ms. Ellen . velboch
5 Bctty N Ison Court
Carlisle. 17013
MEDICAL REQUIREMENT.
April 22, 2003
; Certified No.70001530000188687323
Rc: Gloria Evelhoch
velhoch:
In our pious. communication, we expressed our concern about the attendance of Gloria.
This medi al requirement is used because your child bas acclDI1ulated 15 5 c4ys of absence
and 2 tar es to date. This is cnn~i<i~re<i excessive. Therefore. the (ollowing regulations
effectre' .. : . .
.
,
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1. Y fi.lture absences/tatdies will be classifi~ as urilawful/unexcused unless the
do tor certifies the absence/tardy with a wntten ~e. Unlawful is applied to .
s ents enrolled in firSt gmde and through the age of sixteen. Unexcused is
lIP lied to kindergarten;students and studerits seVenteen years of age and older.
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2. A er three (3) unlawful/unexcused absences, you, the parent or guardian, are in
je pardy of receiving aifine imposed according to Pennsylvania's Compulsory
S 1001 Attendance La"".
i
3. A er five (5) unla~nexcused absences, your 'child will be denied credit for any
. c.wcek course, and, :after ,ten (10), unlaWful/unexcused absences. your cbild will
b denied credit fora s~estf( CO\lTse(s); I .
Please av id this procedure by!sending your cbild to achclol on a regular basis or by
obtaining written excuse fro~ the fIDclOT for all future ~~
i ! j
Thank}'O for your coopcratiob. Tfyou have any questio~s or comments regarding Ibis
requirem t, please feel free 1 call fY office at 243-S70r
Respecfu y, ' I. .
(j{u I
Cheryl r It i
Principal I f.- a4v~ 3 ~
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EXHIB'T
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cc: H01ll and School Visitor I
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Ellen Evelh
450 Big Sp
Newville. P
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BIG Sf RING SCHOOL DISTRICT
! Oak Flat Elemenwy .
. 334 Centerville Road
Newville PA 17241
: 717-n6-2045
UNLA~ULABSENCENOTICE
\ ; \
· October 30. 2002
g Road
17241
Dear Ms. E e1hoch:
You child, Gloria Everooi:h. was absent on October 18 2002.
I .
This bsence(s) has beeiJ deemed unlawful because:
INFORMAT ON I
School is compulsorl' in Pennsylvania, and valid excuses must be received within
three days a child has been absent from llChooI. THiS letter is simply a courtesy to inform
you of your lid's unlawful 8bsE$lce. :,If your child accumUlat,' ,. three unlawful absences, you
wilH:le sent First Notice letter (~aming letter); . Schoot officials are required by Pennsylvania
School Cod to notify the Distri~ Justice of unlawful abseJ1ces after the First Notice is issued.
Please rete to the District calenl'far for ac:kfltionaJ information. .
I . .
IcPY
! William Cobb
Principal
o
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excuse was not ~ed Within the required three days
j
reason for absen~e Was not lawful no excuse received
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nd School Visitor' i
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~velhoch. Gloria S.
,
---1--------------
E:NTI!.Y CODE
01\1'1
08/26
Sl ~
JAI~Y ATTENDANCE
19/d4/02 Wednesda
10/~1/OZ Friday
10/18/02 Friday
~OTg:
jUNLAWPUL NOTIe
ll/d5/02 1'UQsday
ll/~3/02 Wednesda
12/09/0?- Monday
1?-/'9/02 Thursday
)1/~4/03 Tuesday
)1/~7/03 Monday
,
Jl/a8/03 TueSday
.
).2/q3/03 Monday
)2/~O/03 Thursday
)2/~1/03 Friday
)2/~4/03 Monday
,
\TT&NDANCE TOTALS
!OS~IBLE: 107.000
'RE~ENT: 94.000
~~
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~ SchooL 'tear: 02-03 Page: 1
02/25/03
......,
ECORD LIStlWG
----------------------------------------------------------------------
i
101280 2010 Homeroom: 211
ORD:
1\2
Al
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- 10-30-02
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Al
Al
Al
Al
Al
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Al
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09:25
(08/26/02 - 02/2~/03):
TOTAL ABS: J3.odo TARDY: 1
QNEKC ABS: 1.00q DISMISSED: 0
NONMEMBER: 1.000
CONS~CUTIVE ABS: 0
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47 ML Rock Rirdd
Newville, PA 1724\
(717) 776-2000,.ext. 4103. .
GRADE/SECTION
&61
HOMEROOM -30 ~1
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REASON FOR wmIDRAWAL rr--oV If'j 0 .:x h. (5',Ytrid:-
Grade to date of Check (,()ifall books, Teachers'
Withdrawal monies, and supplies are Initials
From received or indicate what is
To' GJ1. -CY--{- missing.
Core subjects gr des are based 00 ;
~ays of e ollment during the 1,'
~ week m king period. !
-
, Subjects: Core = 1" five subjects
: [ English
, eadin french Spanish
'Tl"i~~i~1 Studies
i I Science
Gen. Math.. Pr
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Art
Health
~FamilY & Cons
Technical Edu
Computer
Swimming
Physical Educat n
General Music
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III compliance with the Big Spring ScOOol district's polic)' regardiog studGit n;cotds. a transcript of YOI\l' child's record will be sent
IV Ute school S)'st ","ching your child, A copy :oftbis transcript ,.ill be ItIade available to you upot1 teI\- for a fee 1101 to
",ceed the cost of p,'ing and lnailing. I .
: Date
. Stndenl's Sipatun:
EXHUBIT
P'lfcntfGwtrdilnl's ignalure
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Big Spring ScItool District: An EqUlll II?,,!,,,) _
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i ~OO Mount Sidney Road
, ,Lancaster, PA 11802
i . Phone 717-397.1294
Fax 717..397-4404
Gin ~/C:.. ' FV~/,6c/... Date:
. '7 Jr La~ Day of Attenda,nce:---=*,
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Name of S dent
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SUBJECT
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Art
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French
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German
Health
History
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ELLEN M, EVELHOCH
PLAINTLFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-3733 CIVIL ACTION LAW
JAMES A. EVELHOCK
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 15,2005 , upon consideration 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, Cumherland County Courthouse, Carlisle on Tuesday, July 05, 2005 at 9,30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannDt be accomplished, to define and narrow the issues to be heard by the court, and tD 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/
facqueline M. Verney, Esq.
CustDdy Conciliator
y
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
mus1 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RLED-Oi'FfCE
OF THE PROTHONOTARY
2005 JUN i 6 PH 2: Ii
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ELLEN M. EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v. ; NO. 2000 - 3733 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION - LAW
Defendant/Petitioner
: IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of ,2005, upon consideration of
the attached Custody Complaint, it is hereby directed that the parties and their respective counsel
appear before , the conciliator, at
on the day of ,2005, at .m. for a Pre-Hearing
Custody Conference. At such conference, an effort will be made to resolve the issues in dispute;
or ifthis 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.
BY THE COURT,
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, P A 17013
(717) 249-3166 OR (800) 9909108
'" AMERICANS WITH DISABILITIES ACT OF 1990
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 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.
,~~~~
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~
ELLEN M. EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2000 - 3733 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION - LAW
Defendant/Petitioner
: IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
NOW COMES, Defendant/Petitioner, James A. Evelhoch (hereinafter "Father"), by and
through his attorney, David Lopez, Esquire, and respectfully states the following:
1. Mother is Ellen M. Evelhoch (hereinafter "Mother"), an adult individual currently
residing at 151 Big Spring Terrace, Newville, PA 17241.
2. Father is James A. Evelhoch, an adult individual currently residing at RR 4, Box 4572,
Duncannon, P A 17020.
3. Mother and Father are the natural parents of two children, Gloria S. Evelhoch, born
July 20, 1992 and Ashlee N. Evelhoch, born January 13, 1994. Ashlee currently resides
primarily with Father subject to periods of partial custody by Mother. Gloria resides primarily
with Mother subject to periods of partial custody by Father.
4. On August 18, 2003 this Honorable Court entered an Order based on a stipulation
signed by the parties that gave, inter alia, Mother primary custody of Gloria subject to periods of
partial custody by Father.
5. Modification of the prior Court Order is warranted because:
A. Father can and will provide a more stable environment for Gloria. During the
time of the most recent Order of Court, Mother has lived at various addresses and child has had
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to attend various schools. Because of such frequent moves, Gloria's grades have suffered and
she barely passed the 8th grade. During the same period, while Father has exercised primary
custody of Ashlee she has progressed and is doing very well in school.
B. Father believes that another move is imminent.
C. The child will benefit from Father having primary physical custody as Father is
in a stable home and relationship. Additionally, it is in the best interest of Gloria to have a closer
relationship with her sibling, Ashlee.
6. Each parent whose parental rights to the child have not been terminated has been
named as a party to this action.
WHEREFORE, the DefendantlPetitioner requests that this Court award primary physical
custody of the child to Father, with Mother having partial physical custody every other weekend.
Respectfully submitted,
Date:
foj,o~5
I I
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David Lopez
Attorney for Defendan tltIoner
Law Offices of LopezNeuharth LLP
401 West Louther Street, Suite 10 1
Carlisle, P A 17013
(717) 258-9991
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VERIFICATION
1 verifY that the statements made in this document are true and correct to the best of my
knowledge, information and belief. 1 understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: G - Jo- 0 5'
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ~ 2003
ELLEN M. EVELHOCH,
Plaintiff/Respondent
: Civil Action - Law
v.
00- ~r133
: No. 00-3313-
JAMES A. EVELHOCH,
Defendant/Petitioner
: In Custody
ORDER OF COURT
AND NOW, this ---1K- day of
03, based on the stipulation of the
parties, the Court hereby Orders as follows:
1. Petitioner (hereinafter "Father") ~d Respondent (hereinafter "Mother") shall have shared
legal custody of their minor children, Gloria S. Evelhoch, born July 20, 1992, and Ashlee N.
Evelhoch, born January 13, 1994.
2. Father shall have primary residential custody of Ashlee N. Evelhoch subject to Mother's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Mother shall retain primary residential custody of Gloria S. Evelhoch subject to Father's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Summers. Father and Mother shall have the children at times mutually agreeable to the
parties.
"".-.I,
0>:'10_'___
," ~,-- ,:;
Ellen Evelhoch, Plaintiff/Respondent v.
Page 2
James Evelhoch, Defendant/Petitioner
No. 00 J733 - Custody
00-3733 c.;.il
4. Holidavs. Father and Mother shall share holidays- particularly Christmas, Thanksgiving,
Easter, 4th of July and Memorial Day. The transfer of the children shall take place by 3:00 p.m. or
at a time mutually agreed upon by the parties.
5. Transportation. Mother shall make reasonable arrangements to pick up and return the
children.
6. Each non-custodial parent shall have reasonable telephone contact with the child(ren).
7. Neither parent shall remove the child(ren) from the Commonwealth of Pennsylvania
without prior written notification and approval by non-custodial parent.
./
vDavid Lopez, Esq. for Petitioner
~fendant, Ellen M. Evelhoch
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ELLEN M. EVELHOCH,
PlaintiffiRespondent
: Civil Action - Law
v.
: No. 00-3373
JAMES A. EVELHOCH,
Defendant/Petitioner
: In Custody
STIPULATION
1. Plaintiff/Respondent (hereinafter "Mother") is Ellen M. Evelhoch, an adult individual
currently residing at 63 Big Spring Terrace, Newville, Cumberland County, Pennsylvania.
2. Defendant/Petitioner (hereinafter "Father") is James A. Evelhoch, an adult individual
currently residing at RR 4, Box 4572, Duncannon, Perry County, Pennsylvania.
3. Mother and Father are the natural parents of the children, Gloria S. Evelhoch, born July
20, 1992, and Ashlee N. Evelhoch, born January 13, 1994.
The children were born in wedlock.
4. Mother and Father have participated as a party in other litigation concerning the custody
of the child in another court. Mother and Father have no knowledge of any other custody
proceedings concerning the child(ren) pending in any court of this Commonwealth. Mother and
Father do not know of any other people not a party to these proceedings who have physical custody
of the child(ren) or claim to have custody or visitation rights with respect to the child(ren).
5. Both Mother and Father agree that it is in the best interest of the child(ren) for the Court
to enter the attached Order of Court.
'>
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WHEREFORE, this _ day of
, 2003, Mother and Father, intending to be legally
bound and waiving their right to be present when this agreement and order are presented and
executed, hereby stipulate and agree that the Court may enter the following order in the above
captioned case:
ORDER OF COURT
AND NOW, this day of ,2003, based on the stipulation ofthe parties,
the Court hereby Orders as follows:
1. Petitioner (hereinafter "Father") and Respondent (hereinafter "Mother") shall have shared
legal custody of their minor children, Gloria S. Evelhoch, born July 20, 1992, and Ashlee N.
Evelhoch, born January 13, 1994.
2. Father shall have primary residential custody of Ashlee N. Evelhoch subject to Mother's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Mother shall retain primary residential custody of Gloria S. Evelhoch subject to Father's
periods of partial custody on alternating weekends from Friday until Sunday and at times mutually
agreeable to the parties.
3. Summers. Father and Mother shall have the children at times mutually agreeable to the
parties.
4. Holidavs. Father and Mother shall share holidays- particularly Christmas, Thanksgiving,
Easter, 4th of July and Memorial Day. The transfer of the children shall take place by 3:00 p.m. or
at a time mutually agreed upon by the parties.
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5, TransDortation. Mother shall make reasonable arrangements to pick up and return the
children.
6, Each non-custodial parent shall have reasonable telephone contact with the child(ren).
7. Neither parent shall remove the child(ren) from the Commonwealth of Pennsylvania
without prior written notification and approval by non-custodial parent.
The parties further agree that in the procuring of this agreement there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing by either party.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have signed hereunto.
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Ellen M. Evelhoch
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I verifY that the statements made in the foregoing Stipulation are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: 11"') ,..../ I L ()/.) ')
~&J1J:?-
eS,A. Evelhoch
I verifY that the statements made in the foregoing Stipulation are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: 'ir - / )-O~
fftLg~~
Ellen M. Evelhoch
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ELLEN M. EVELHOCH,
Plaintiffi' Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
v.
:NO.00-3733
CNIL TERM
JAMES A. EVELHOCH,
Defendant! Petitioner
: CUSTODY
PETITION FOR MODIFICATION
Defendant!Petitioner, James A. Evelhoch, by and through his counsel, David Lopez of
LopezNeuharth LLP, states the following:
1. Petitioner is the above-named Defendant, hereinafter referred to as the father, who
currently resides at RR 4, Box 4572, Duncannon, Perry County, Penosylvania.
2. Respondent is the above-named Plaintiff, Ellen M. Evelhoch, hereinafter referred to
as the mother, who resides at 63 Big Spring Terrace, Newville, Cumberland County,
Pennsylvania.
3. The above-named parties are the natural parents of Gloria S. Evelhoch, born July 20,
1992 and Ashlee N. Evelhoch, born January 13, 1994.
4. The father has filed a Custody Stipulation and Agreement contemporaneously with
the filing of this Petition for Modification.
5. The father and the mother concur that it is in the children's best interest to allow for
this modification.
WHEREFORE, Petitioner requests this honorable Court grant the attached Custody
Stipulation and Agreement.
D vid Lopez
Attorney for Defendant! P
Law Offices ofLopezNeu LLP
401 East Louther Street, Suite 101
Carlisle, P A 17013
. ~'-. -'M",'''''"- ,,~-, 1,-" .' -_Cr.__
,<L;"
VERIFICATION
I, James A. Evelhoch, verifY that I am the Petitioner as designated in the present action and
that the facts and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa.C.S.~4904, relating to unsworn falsification to authorities.
~&xdJ,$
ames A. Evelhoch
Defendant/PetItlOner
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ELLEN M. EVELHOCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JAMES A. EVELHOCH,
Defendant
NO. 00-3733 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY
BEFORE OLER. J.
ORDER OF COURT
AND. NOW, this 25th day of October, 2005, upon consideration of Defendant's
Petition To M()<;lify Custody Order with respect to the parties' child, Gloria S. Evelhoch
(d.o.b. July 20, 1992), following a hearing held on October 24, 2005, and based upon the
court's belief as to the best inte,rest of the child, it is ordered and directed as follows:
1. Except as provided otherwise herein, the custodial terms of
the order of court dated August 18, 2003, shall remain in full force
and effect;
2. During the school year, Father shall have periods of
temporary or partial physical custody of the child for three weekends
out of five from Friday until Sunday;
3. During the summer, the parties shall have custody of the child
for alternating two-week periods;
4. The child's school district shall not be changed without prior
order of court;
5. The Mother shall not permit the child to have unexcused
absences or to be tardy from school; and
6. Nothing herein is intended to preclude the parties from
deviating from the terms of this order by mutual agreement.
BY THE COURT,
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Michael Palmero, Esq.
Attorney for Plaintiff
David Lopez, Esq.
Aaron Neuharth, Esq.
Attorney for Defendant
:rc
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
ELLEN M. EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, III,
Defendant
. ;,
: NO. 00- 313 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 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.
ELLEN M. EVELHOCH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
: NO. 00- 31'?~IVIL TERM
JAMES A. EVELHOCH, III,
Defendant
The plaintiff, Ellen M. Evelhoch, by her attorneys, the Family Law Clinic, sets forth
the following causes of action:
COUNT!.
COMPLAINT UNDER 23 Pa.C.S. SECTIONS 3301(c) and 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Ellen M. Evelhoch, who currently resides at 116 N. Prince Street, Apt.
#3, Shippensburg, Cumberland County, Pennsylvania, 17257, since February, 2000.
2. Defendant is James A. Evelhoch, III, who currently resides at 100-B Verbeke
Street, Marysville, Perry County, Pennsylvania, 17053, since June, 2000.
3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for at
least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 7, 1990, in Carlisle,
Cwnberland County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since April 1, 1999.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
COUNT II.
CUSTODY
9. Plaintiff repeats and re-alleges previous paragraphs of this complaint.
10. Plaintiff seeks custody of the following children:
Name
Present Address
Date of Birth
Gloria Sue Evelhoch
116 N. Prince St., Apt. 3, Shippensburg, PA
116 N. Prince St., Apt. 3, Shippensburg, PA
7/20/92
1/13/94
Ashlee Nicole Evelhoch
The children were not born out of wedlock.
The children are presently in the custody of Ellen M. Evelhoch, who resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania.
During the past five years, the children have resided with the following persons at the
following addresses:
Persons Addresses Dates
Ellen M. Evelhoch 6835 Ebonezer Road 6/95-4/1/99
James A. Evelhoch, III Orrestown, P A 17244
Ellen M. Evelhoch 6835 Ebonezer Road 4/1/99-5/99
Orrestown, P A 17244
Ellen M. Evelhoch 63 Big Spring Terrace 5/99-8/99
Gloria J. Popp (Ellen's mother) Newville, PA 17241
Ellen M. Evelhoch 122 S. 3'd Street 8/99-11/99
Larry R. Woodal, Jr. Chambersburg, P A 17201
Ellen M. Evelhoch 63 Big Spring Terrace 11/99-2/00
Gloria J. Popp (Ellen's mother) Newville,PA 17241
Ellen M. Evelhoch 116 N. Prince St., Apt. #3 2/00-present
Larry R. Woodal, Jr. Shippensburg, P A 17257
The mother of the children is Ellen M. Evelhoch, who currently resides at 116 N.
Prince St., Apt. 3, Shippensburg, Cumberland County, Pennsylvania. She is currently,
married to the defendant.
The father of the children is James A. Evelhoch, III, who currently resides at IOO-B
Verbeke Street, Marysville, Perry County, Pennsylvania. He is currently married to the
plaintiff.
II. The relationship of the plaintiff to the children is that of mother. The plaintiff
currently resides with the following persons:
Name Relationship
Gloria Sue Evelhoch Daughter
Ashlee Nicole Evelhoch Daughter
Tabitha L. Woodal Daughter
Larry R. Woodal, Jr. Boyfriend
12. The relationship of defendant to the children is that of father. The defendant
currently resides with the following persons:
Name Relationship
Jamie Wilt Girlfriend
13. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court. Plaintiff has
no information of a custody proceeding concerning the children 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.
14. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
a) Plaintiff has been primary caretaker of the children since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and
physical surroundings for the children, whose best interests would be served by an award of
primary physical custody to the plaintiff.
, .
15. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, plaintiff requests the court to grant custody of the children to her.
Date (O/ILfjoo
-fY1 ~ D. ';h;?t fl,
M::I~ie D. Walz - . ~ 0
Certified Legal Intern
THO SM.PL
ROBERT E. RAINS
Supervising Attorney
DONALD MARRlTZ
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PAl 70 13
717/240-5204
VERIFICATION
I verifY that the statements made in the foregoing Complaint are true and correct, to
the best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to
authorities.
Date: C-/~ - (7(1
~~~
Ellen M. Evelhoch
Ellen M. Evelhoch,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
DIVORCE, CUSTODY
James A. Evelhoch, III,
Defendant
NO. 00- 37:3]
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Ellen M, Evelhoch, Plaintiff, to proceed in forma pauperis.
I, Melanie D, Walz, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto,
m RM.M 1- 7I--r11JJ
Mdtanie Walz -0
c~ed Legal Inte7;? .
~"ff, 't:u~
ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Ellen M. Evelhoch,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
: NO. 00-31?JCIVIL TERM
James A. Evelhoch, III,
Defendant
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Ellen M, Evelhoch
Address: 116 N, Prince Street, Apt. #3
Shippensburg, P A 17257
Social Security No.: 167-56-2312
(b) Employment
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date oflast employment: Nov. 27, 1999
Salary or wages per month: $3001 wk
Type of work: Hoffman Mills, Shippensburg, textile factory-laborer
(c) Other income within the past twelve months
Business or profession:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments: Child support of $842.80 per month ($98 per child per week x
4.3 weeks per month)
Spousal support of$55.90 per month ($13 per week x 4.3 weeks)
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: None currently
Food Stamps: $ I 23/month currently
(d) Other contributions to household support
(Wife)(Husband) Name: None
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash: None
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle:
$4626 owed. I am current on payments of $200/ month
Stocks; bonds:
(f) Debts and obligations
Mortgage:
Rent: $435/ month
Loans:
Groceries not covered by food stamps: $120/ month
Phone: $52/ month
Electric: $27/ month
Gas for car: $80/ month
Insurance: $92.96/ month
Gas for apartment: $8/ month
Clothes, Shoes, and other expenses: $40/ month
Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name:
Gloria Sue Evelhoch
Ashlee Nicole Evelhoch
Tabitha Lynn Woodal
Age:
7
6
4 weeks
DOB
7/20/92
1113/94
5/18/00
4. I understand that 1 have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5, I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
Date/:,/( 'dO
~~~iU
Ellen M, Evelhoch, Petitioner
SHERIFF'S RETURN - OUT OF COUNTY
~ASE NO: 2000-03733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EVELHOCH ELLEN M
VS
EVELHOCH JAMES A III
R. Thomas Kline
duly sworn according to law, says, that he made a diligent search and
, Sheriff or Deputy Sheriff who being
and inquiry for the within named DEFENDANT
EVELHOCH JAMES A III
but was unable to locate Him
deputized the sheriff of PERRY
, to wit:
in his bailiwick. He therefore
serve the within ORDER OF COURT, PETITION
County, Pennsylvania, to
attached return from PERRY
On September 19th , 2000 , this office was in receipt of the
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Perry Co
18.00
10.00
9.00
32.30
.00
69.30
09/19/2000
Sworn and subscribed to before
this ;;to l!::' day Of~' t- ,
.;2trvV A.D.
n,"F'- O. h..il,<, ~~
'- I Prothonotary
mas Kline ~
iff of Cumberland County
me
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ellen M. Evelhoch
VS.
James A. Evelhoch, III
No. 20000
3733 Civil
Now,
AUguRt 28
, 20~, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
, ~~~*'~~~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
, 20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County. PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
Ellen M, Evelhoch
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Versus
James Evelhoch.1I1
No. 2000-3733
SHERIFF'S RETURN
And now
August 29 ,2000: Served the within name James Evelhoch,11I
the defendant(s) named herin, personally at his place of residence in Marysville 80ro
Perry County, PA, on August 29,2000 at 9:40 o'clock AM
by handing to James Evelhoch.1II , an adult member of family 1 true and attested
copy(ies) of the within Court Order & Petition for Special
Relief
and made known to him the contents thereof
Sworn and subscribed to before me this /!d1
day of
~,
, C}ooo
So answers,
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-rwTARIALSEAL
1IMGNlETF. FUCKINGER. =~~
aD BORO" PE
1IY:'ISSlON EXPIRES fER, 16. 20114
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
ELLEN M. EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, III,
Defendant
: NO. 00-3733 CIVIL TERM
VERIFICATION OF SERVICE
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities), the undersigned verifies
that I, Melanie D. Walz, mailed a true copy of the Complaint for Divorce and Custody and a
copy of the In Forma Pauperis request on the Defendant by placing the same in the U.S. Mail,
certified no. Z 338 765 538, restricted delivery, return receipt requested, postage prepaid, on the
19th day of June, 2000 addressed as follows:
James A. Evelhoch, III
100B Verbeke Street
Marysville, P A 17053
Sender's receipt no. Z 338 765 538 is attached hereto and incorporated by reference.
On the 26th day of June, 2000, green return receipt no. Z 338 765 538 was delivered to
the Family Law Clinic, bearing the signature of James A. Evelhoch, III. The return receipt is
attached hereto and incorporated by reference.
-fYL 0", AA: . j) -:J.i?l 0,
M~~:~lz [flU
Certified Legal Intern
F AMIL Y LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
Dated: June 26, 2000
" .
. .. .
Z 338 765 538
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
~nl
amI'"" 4. ci"dhoUl Iii
& Number
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Pm~m;'~ 7i;~~. 171+
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. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the maiipiece,
or on the front if space permits.
1. ArtIcle Addressed to:
J Q\Y\l~ A, fvJ hoch\ III
\DDB \j{J\JtVt ~tt+-
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If e<<<~ Addressee .
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If YES, enler delivery add..... below: ~
3. Servje6 Type
5Y6ertifled Mail 0 Express Mall
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
~
._L"...___~_. --------.-
Domestic Return Reciltipt
102595-99-M-1789
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ELLEN M, EVELHOCH,
Petitioner
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v,
:CNIL ACTION- LAW
: CUSTODY
JAMES A. EVELHOCH, III,
Respondent
:NO, 00-3733 CNIL TERM
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY
PURSUANT TO PA R.C.P. 1915.13
AND NOW, this 28th day of August, 2000, pursuant to Rule 1915,13 of the Pennsylvania
Rules of Civil Procedure, comes the Petitioner, Ellen M, Evelhoch, by her attorneys, the Family
Law Clinic, seeking emergency custody of the minor children, Gloria Sue Evelhoch, born July
20, 1992, and Ashlee Nicole Evelhoch, born January 13, 1994, Petitioner states the following in
support of her Petition for Special Relief:
1, The petitioner is Ellen M, Evelhoch, an adult individual who resides at I South High
Street, Newville, Cumberland County, Pennsylvania 17241.
2, The respondent, James A. Evelhoch, III, is an adult individual who resides at 100B
Verbecke Street, Marysville, Perry County, Pennsylvania 17053,
3, The petitioner is the biological mother (hereinafter "Mother") of the minor children,
Gloria Sue Evelhoch, born July 20, 1992 (hereinafter Gloria), and Ashlee Nicole
Evelhoch, born January 13, 1994 (hereinafter Ashlee),
4, The respondent is the biological father (hereinafter "Father") of Gloria and Ashlee,
5, Mother has been the primary caretaker of the children since their births, having done
most of the changing of diapers, bathing, dressing, and feeding of the children,
1
.
6, Since the separation of Mother and Father on April I, 1999, the children have lived with
Mother,
7, Since September, 1999, based upon an oral agreement between Mother and Father, Father
has had partial custody of the children every other weekend,
8, Under the oral agreement, Mother has had primary physical custody of the children, and
Father has had partial physical custody of the children every other weekend, from noon
on Saturday to 5:00p,m, on Sunday during the school year, and from noon on Saturday to
noon on Monday during the summer. The parties agreed to exchange the children at a
location neutral to both parties, The current place of exchange is Bubb's Auto Service
and Sales, located at 3299 Ritner Highway, Newville, Cumberland County, Pennsylvania,
9, In accordance with the agreement, Father obtained the children at noon on Saturday,
August 26,2000, Because school began on August 28,2000, Father was to return the
children by 5:00 p,m, on Sunday, August 27,2000,
10, At approximately 11 :30 a,m, on Sunday, August 27,2000, Father called Mother's house
and told Mother's boyfriend, Larry R. Woodal, that Father was not going to return the
children, Mother called Father to ask him to explain, but Father refused,
11. Despite their earlier conversation, Mother went to the place of exchange at 4:45 p,m..
She waited until 5: 15 p,m, for Father to arrive with the children,
12, Because Father did not arrive at the place of exchange, Mother traveled to Father's house,
where she found the children outside with Father and his girlfriend, Jamie Wilt, When
Mother and Larry Woodal got out of the car, Ms, Wilt forcibly pulled Gloria into a
neighbor's house, Father and Mother then had a physical altercation over Ashlee, who
2
.
was outside and crying, Ultimately, Ashlee ran into Mother's car, Father then told
Mother that GIOIia was staying with him, and Mother, Mr, Woodal, and Ashlee went
home,
13, Father has disrupted the status quo by not complying with the oral agreement and
refusing to return the children to Mother after their weekend visit.
14, Ashlee and Gloria are enrolled in the Newville Elementary School for the 2000-2001
school year, A copy of their enrollment record is attached as Exhibit A.
15, Classes began at the Newville Elementary School on Monday, August 28,2000,
16, Mother did not allow Ashlee to attend the first day of classes out of fear that Father
would remove Ashlee from school.
17, Upon information and belief, Gloria has not attended school as a result of Father's
actions,
18, Father is a truck driver, Due to his work schedule, he is out of the house every week day
evening, beginning around 5:00 or 5:30 p,m, until 10:30 a,m. the next morning, As a
result, Father's girlfiiend, Jamie Wilt, would be caring for the children if the children
were residing in Father's house,
19, Father has threatened to remove the children from the Commonwealth of Pennsylvania,
Jamie Wilt has family living in Maryland,
20, Mother believes and avers that it is in the best interests of the minor children that Mother
be granted temporary legal and temporary sole physical custody of the children Gloria
Sue Evelhoch, and Ashlee Nicole Evelhoch, until further Order of Court, because:
a) she has been the primary caretaker of the children during their entire lives;
3
.
b) she lives in the school district in which the children are enrolled for the 2000-
200 I school year;
c) Father's actions have disrupted the status quo;
d) Father's actions have interfered with the childrens' schooling and have separated
the siblings;
e) Petitioner, a parent, should care for her children, rather than a non-parent, Jamie
Wilt; and
f) Father has threatened to remove the children from the Commonwealth of
Pennsylvania,
WHEREFORE, the Petitioner, Ellen M, Evelhoch, respectfully requests that this
Honorable Court enter an Order in the form attached hereto, providing that the Petitioner shall
have temporary legal and temporary sole physical custody of the children, ordering Respondent
to retum Gloria Sue Evelhoch to Petitioner immediately, ordering the Cumberland County
4
.
Sheriff to deputize the Perry County Sheriff to serve the Order on Respondent and to effectuate
the immediate return of Gloria Sue Eve1hoch to Petitioner, and setting a date and time for a
hearing on Petitioner's Petition for Special Relief
tl /'"1'1 /1'
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,
Respectfully submitted,
( ifl. (/1 ,', // ';' /
/ I '/j'!,li(jt>JtuJ" ()
Marcy Wrigh{ i" \ r
Cert=/'fiedL ~Inte~ ' ,;
"~ L,.i(h
~ ~ ~ (I
ROBERT E. RAIN
THOMAS M, PLACE
TERI L. HENNING
Supervising Attorneys
Date
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
5
VERIFICATION
I verifY that the statements made in the foregoing Petition for Special Relief are true
and correct, to the best of my knowledge, information and belief. I understand that making
any false statement would subject me to the penalties of 18 Pa,C.S. ~4904, relating to unsworn
falsification to authorities.
Date: ?'d'i'-OQ
rd.%:. ,>:vy;/Lfi
- ,
Ellen M, Evelhoch
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b. Name and Telephone Number of ?erson or School
Ad~inis~rator at Former School Having ~nowledge of
Suspension/Expulsion:
c. Date of Suspension or Expulsion:
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d. Explanation of Reason(s) for Suspension or
Expulsion:
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That I understand the 3ig Spring School District is
~elying upon this statement in p~ssing upo~ the admission of the
?roposed Student to its public school syste~, and that any <<ilful
false statements made herein shall be punishable as a criminal
act as a nisdemeanor of the third degree.
5. That the foregoing s~atewents are true and correct.
#L :'Z,sfdi,-I.
State your relationship to
Proposed Student:
mfl;:~v
S~.o=n
~o (or affirmed) and subscribed before me
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. ~ ~ p , , NOIarialS.aI
No...a~y _ubl~c, I R'b8ccaJ,H.ITNoI p'~ I
East FmIsboro 1Wp., , try ....Ie
MyC0mmis8ion EIpI~,~
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-:.his
SWORN STATE}!ENT Ort A::I~_~TION 0: ?;~ENT,
GU~_~I~N Ort OTHER ?Z~SON ~;VING C~~3SZ OR
CONTROL 0: STUDENT T~~,S:ERRING TO
B!G SPRING SC~~OL DISTrtIC~
COMMON-~~~LTH Or PENNSYLVANIA
SS.
COUNTY
Or
CUMBERLAND
~-. /?7 r",~~t""'-<
(N~~e c: ?arent, Gua:dian c= ~~e= ?e=son)
being duly swo=n (~r
affirmed) according to law, de?oses and says:
1~ That this sworn state~ent (or affi=ma~ion) is subrni~ted
~o Big S?ring School Distric~ ~ith
Ac:{(;: ~=~~.c .r-::~J!!r c j
re.gard ~o
(n::....::.;~::a-f-Q...
...-.. --..-- '---
called
llProposed
Studen~l1) pursuant to Section :J04-A of ~~e ?u~lic School Code of
1949, as amended by Act 26 of 1995j
2. That I hereby represent, state and declare that the
?rc~osed S~udent ~/WAS NOT previously
(St=ike Out !~a?;==?~ia~e ~===(5))
sus?ended or expelled from any public or private school in the
Co~"onwealth of Pennsylvania or any other state for an act or
offense involving weapons, alcohol or drugs, or for the wilful
infliction of injury to another person or for any act of violence
committed on school property.
3. That if the answer in paragraph 2 above indicates any
such suspension or expulsion, I hereby supply the following
additional information (It no s:.:::, sus?e:lsi:):1, :)= exp:.:lsion has o::::::==ed,
i~se=~ ~he ~o=d "Ncne" a~ each ~la=e ~elo~) :
a. Name and address of School:
~
"
b. Name and Telephone Number of ?erson or School
Aci~inistrator at Former School Having Knowledge of
c. Date of Suspension or
~
"'-
EXPUl'ion'~
Suspension/Expulsion:
d. Explanation of Reason(s) for Suspension or
Expulsion:
~
(^~~a=~ a:c~~iQ~al sh.e~s i~ ~e:eS5a=y ~o :u:ly explain =eas~~s.)
4. That I understand the 3iq Spring 5=hool District is
relying u?on this statement in passing upo~ the a~uission of the
?=oposec Student to its public school syste~, and that any wilful
false statements made herein shall be punishable as a criminal
ac~ as a nisdemeanor of the third degree.
5. That the foregoing state~ents are true and correct.
fA~ ~~
(Signature)
State your relationship to
Proposed Student:
/;hD' //..,.,
S~o=n ~o (or affirmed) and subscribed
::his 17d... ~a~ of ~
~~~i~/
befo=e me
~cQ:::>o
, 15:'
I Aebecca= ~ Pul6: I
Eut_1WIl.. ~Ccunly
My COmmIulon Exl*es MBy 24, 2Oll3
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b. Name and Tele?hone Number of ?erson or School
Ad=i~istra~or at Former School Having ~nowledge of
c. Data of Suspension
~
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Suspension/Expulsion:
or
d. Explanation of Reason(s) for Suspension 0=
Expulsion: '"
~
(A~~a:~ a:c~~io~al shee~s i: ~e:essa=: ~o =u:~y explain =easo~s.)
4. That I understand the 3iq Spring S=hool District is
relying u?on tbis statenent in passing upo~ the a~uission of the
?=oposed Student to its public school syste~, and that any wilful
false sta~ements made herein shall be punishable as a c=iminal
ac~ as a ~isdemeano= of the third degree.
5. That the foregoing s~atewents are true and correct.
f~~ ~~
(Signature)
State your relationship to
Proposed Student:
'/??D' //0/1
Swo=n
and subscribed befo=e me
==0
1!9
-:.,his
I Rebecca= =., Public I
EaIt "'_lWp., Cur-.cI Countr
My CommiIslcn ExpIres MIIy 24, 2003
Mem:ler, PI/1ns'ilVIJlIlA~ct__
SWO?~N STAT~!ENT O~ A::I~_~TION 0: ?~3ENT,
GU,'L>\DIAN O~ OTHE? ?:::~SON E..'WING CE.."-.."I.:;::: OR
CONTROL O? STuDENT T~~'S?ER.~ING TO
EIG SPRING SC~~01 DIST~ICT
COMMO~w~~LTH OF ?ENNSYL~~~IA
5S.
COUNTY
OF
CUMBERLAND
.{"//......, /?1 E I/e.,/Ioel,' , being duly s'-"orn (or
(N~~e of ?arent, Gua:dian 0: ~~e= ?e=son)
-"'. d}
arJ-~rme
according to law, deposes and says:
1. That this sworn state~e~t (or affirmation) is submi~ted
~o Big Spring School Distric~ with regard to
C/ru,'1 y ~W~1?1.
(NLTie 0: ?=opcsed S~uden~)
(hereinafter called "Proposed
Student") puZ"suant to section lJ04-A, of ~he Public School Co=e of
1949, as amended by Act 26 of 1995;
2. Tha~ r hereby represen~, state and declare that the
?=oposed Student
~ .._, - NO'!'
~""r.~ '_
(S~=ike Ou~ !~a;?==?=ia~e "==:(5))
previously
suspended or expelled from any public or private school
in
-".0
~._-
CO~uon'-"ealth of Pennsylvania or any other state for an act or
offense involving weapons, alcohol 0= drugs, or for the wilful
infliction of injury to another person or for any act of violence
committed on school property.
3. That if the answer in ?aragraph 2 above indicates a~y
such suspension or expulsion, r he=eby su?ply the follo'-"ing
additional information (It no s:.;=:t sl.lspe:lsi::l:: 0= ex?:..:lsion ;,as oe:::.;:-=ed,
i:'1se=': -=.he r..;c::-d "None" a~ each ':)l!.:e ~elow) :
a. Name and address of School:
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ELLEN M. EVELHOCH,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
CUSTODY
JAMES A. EVELHOCH, III,
Respondent
00-3733 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of September, 2000, Paragraph 1
of the temporary order entered on August 28th, 2000, is vacated
and replaced with this temporary order:
Pending a further Order of Court, following a
conciliation conference, the mother shall have custody of Gloria
Sue Evelhoch, born July 1992, and Ashlee Nichole Evelhoch, born
January 13, 1994, and the father shall have the children every
other weekend from Saturday at noon until Sunday evening at
5:00 p.m. starting Saturday, September 9, 2000.
The parties shall be sure that the father sees the
children on holidays, pursuant to an agreement, pending further
Order of Court.
Parties shall exchange custody in a neutral place,
and during any exchange of custody Larry Woodall should not be
present.
Edgar
Family Law Clinic
For the Petitioner
James Kayer, Esquire
For the Respondent
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AUt; 28 ZOOO!;t'
ELLEN M, EVELHOCH,
Petitioner
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v,
:CIVIL ACTION- LAW
: CUSTODY
JAMES A. EVELHOCH, III,
Respondent
:NO, 00-3733 CIVIL TERM
ORDER OF COURT
AND NOW, this A'if" day of ~f ,2000, upon consideration of the
attached Petition for Special Relief, it is hereby Ordered as follows:
1, The Petitioner, Ellen M, Evelhoch, shall have temporary legal and temporary sole
physical custody of her minor children, Gloria Sue Evelhoch, born July 20, 1992, and
Ashlee Nicole Evelhoch, born January 13, 1994, until further Order of the Court,
2, Respondent shall return Gloria Sue Evelhoch to Petitioner immediately,
3, The Cumberland County Sheriff shall deputize the Perry County Sheriff to serve this
Order on Respondent and to effectuate the immediate return of Gloria Sue Eve1hoch to
Petitioner.
4, A hearing regarding this Petition for Special Relief is hereby scheduled for the {tI:
day 0:) ~ 2000 at //: 30 o'clock A- M in Courtroom Number ;?-,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties,
along with their legal counsel, shall appear in person,
BY THE CO~
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
ELLEN M, EVELHOCH,
Plaintiff
JAMES A, EVELHOCH, III,
Defendant
: NO, 00-3733 CIVIL TERM
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on
June 19, 2000,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S, 94904, relating to
unsworn falsification to authorities,
Date "1-/(- (j I
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
ELLEN M, EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, III,
Defendant
: NO, 00-3733 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ;}3301(c) of the Divorce Code was filed on
June 19, 2000,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the elate of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S, ;}4904, relating to unsworn
falsification to authorities,
Date ~,,;/ 1#/ r7'fol
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XMES A, EVELHOCH III, Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE, CUSTODY
ELLEN M, EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, III,
Defendant
: NO, 00-3733 CNIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2, 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,
3, I understand that I will not be divorced until a divorce decree is entered by tbe Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn
falsification to authorities,
Date: .J.j - II - 0 /
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE, CUSTODY
ELLEN M, EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, Ill,
Defendant
: NO, 00-3733 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2, 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,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothOI'lotary ,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn
falsification to authorities,
Date:;!ffl;/ I~ .Jobl
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/MEs1, EVELHOCH III,
efendant
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ELLEN M, EVELHOCH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO, 00-3733 CIVIL TERM
CERTIFICATE OF SERVICE
I, Steven T, Boell, hereby certifY that I am serving a true and correct copy of the
Plaintiff's Waiver of Notice to Request Entry of a Divorce Decree, Plaintiff's Affidavit of
Consent, Defendant's Waiver of Notice to Request Entry of a Divorce Decree, and Defendant's
Affidavit of Consent on James M, Evelhoch, residing at I Spur Lane, Duncannon, Pennsylvania
17020, by first class U.S, mail.
Date 4/ J (, / C9l ')
~~"
STEVEN T, BOELL
Certified Legal Intern
~~P,Jf
ROBERT E, RAINS
Supervising Attorney
TERI HENNING
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
ELLEN M, EVELHOCH,
Plaintiff
JAMES A. EVELHOCH, III,
Defendant
: NO, 00-3733 CIVIL TERM
CERTIFICATE OF SERVICE
I, Steven T. Boell, hereby certify that I am serving a true and correct copy ofthe Praecipe
To Transmit Record and Vital Statistics Form on James M, Evelhoch, residing at 1 Spur Lane,
Duncannon, Pennsylvania 17020, by first class U.S, mail.
Date q / J. ~ / b (
~b~
STEVEN T. BOELL
Certified Legal Intern
~ :;PLf.J-
ROBERT E. RAINS
Supervising Attorney
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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ELLEN M, EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: DNORCE, CUSTODY
JAMES A. EVELHOCH, III,
Defendant
: NO, 00-3733 CIVIL TERM
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: mutual consent under 3301(c) of the Divorce Code,
2, Date and manner of service of the complaint: June 23, 2000 by Certified Mail.
3, Complete either paragraph (a) or (b),
(a) Date of execution of the affidavit of consent required by ~3301(c) ofthe
Divorce Code: by plaintiff April II, 200 I: by defendant April I L 2001.
(b)(1) Date of execution of the affidavit required by ~3301(d) of the Divorce
Code: NI A : (2) Date of filing and service of the plaintiff's affidavit
upon the respondent: NI A
4,
Related claims pending:
None
5, Complete either (a) or (b),
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: NI A
Date
(b) Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the
Prothonotary: April 11, 2001
Date defendant's Waiver of Notice in g3301(c) Divorce was filed with the
Prothonotary: April 11, 2001
Cf/J (, / or
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STEVEN T, BOELL
Certified Legal Intern
~M~1j-
ROBERT E, RAINS
Supervising Attorney
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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IN THE COURT OF COMMON PLEAS
.
.
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
ELLEN M. E.VEUDaI,
Plaintiff
No. 3733
2000
VERSUS
.
.
.
.
.
.
.
.
.
J1\MES A. E.VEUDaI, III
~endant
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
AND NOW,
N\.tut
,11001 , IT IS ORDERED AND
~
DECREED THAT
Ellen M. EIIelhoch.
, PLAINTIFF,
.
.
.
.
.
AN D James A. EIIelhoch, III
DEFENDANT,
.
ARE DIVORCED FFiOM THE BONDS OF MATRIMONY,
.
.
.
.
.
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;
.
.
.
.
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ATTEST:
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ELLEN M, EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYL VANIA
v. : NO. 2000 - 3733 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION _ LAW
Defendant/Petitioner
: IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
NOW COMES, Defendant/Petitioner, James A. Evelhoch (hereinafter "Father"), by and
through his attorney, David Lopez, Esquire, and respectfully states the following:
I. Mother is Ellen M, Evelhoch (hereinafter "Mother"), an adult individual currently
residing at 151 Big Spring Terrace, Newville, PA 17241.
2, Father is James A. Evelhoch, an adult individual currently residing at RR 4, Box 4572,
Duncannon, PAl 7020.
3. Mother and Father are the natural parents of two children, Gloria S. Evelhoch, born
July 20,1992 and Ashlee N, Evelhoch, born January 13,1994, Ashlee currently resides
primarily with Father subject to periods of partial custody by Mother. Gloria resides primarily
with Mother subject to periods of partial custody by Father.
4. On August 18, 2003 this Honorable Court entered an Order based on a stipulation
signed by the parties that gave, inter alia, Mother primary custody of Gloria subject to periods of
partial custody by Father.
5. Modification of the prior Court Order is warranted because:
time of the most recent Order of Court, Mother has lived at various addresses and child has had
A. Father can and will provide a more stable environment for Gloria. During the
.
to attend various schools. Because of such frequent moves, Gloria's grades have suffered and
she barely passed the 8th grade. During the same period, while Father has exercised primary
custody of Ashlee she has progressed and is doing very well in school.
B. Father believes that another move is imminent.
C. The child will benefit from Father having primary physical custody as Father is
in a stable home and relationship. Additionally, it is in the best interest of Gloria to have a closer
relationship with her sibling, Ashlee.
6, Each parent whose parental rights to the child have not been terminated has been
named as a party to this action,
WHEREFORE, the Defendant/Petitioner requests that this Court award primary physical
custody of the child to Father, with Mother having partial physical custody every other weekend,
Respectfully submitted,
Date:
roho~5
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David Lopez
Attorney for Defendantl tltJOner
Law Offices of LopezNeuharth LLP
401 West Louther Street, Suite 101
Carlisle, PAl 7013
(717) 258-9991
.
VERIFICATION
I verifY that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities.
Date: G - /0 - 0 5'
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ELLEN M, EVELHOCH
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
00-3733
CIVIL ACTION LAW
JAMES A, EVELHOCK
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, June 15,2005
, upon consideration 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 Courthonse, Carlisle on Tuesday, July 05, 2005 at 9:30 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 penn anent 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: Isl
{acqueline M. Vemev, Esq.
Custody Conciliator
y
The Cou,rt of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, For infonllation 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
32 South Bedford Street
Carlisle, Pennsylvania 170] 3
Telephone (7[7) 249-3166
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RECEIVED JUL 05 2005;r''>-
ELLEN M. EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION ,. LAW
JAMES A, EVELHOCH,
Defendant
: NO. 2000-3733 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of S.. ~_, 2005, upon
consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as
follows:
I. A Hearing is scheduled in Court Room No., / , of the Cumberland
County Court House, on the ol4a day of ~IVU ,2005, at 9; 3 6
0' clock, fr . M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the lmticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated August 18, 2003 shall remain in full force.
3. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
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. .
cc: David Lopez, Esquire, counsel for Father
Michael Palermo, Esquire, counsel for Mother
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ELLEN M. EVELHOCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
; CIVIL ACTION - LAW
JAMES A. EVELHOCH,
Defendant
: NO, 2000-3733 CIVIL TERM
: IN CUSTODY
PRIOR JUDGE: EDGAR B, BAYLEY, J.
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 Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Gloria S. Evelhoch
Ashlee N. Evelhoch
July 20, 1992
January 13, 1994
Mother
Father
2. A Conciliation Conference was held July 5, 2005 with the following
individuals in attendance: The Father, James A. Evelhoch, with his counsel Aaron
Neuharth, Esquire, substituting for David Lopez, Esquire and the Mother, Ellen M.
Evelhoch, with her counsel, James Nelson, Esquire, substituting for Michael Palermo,
Esquire.
3. The Court previously entered an Order of Court on August 18, 2003,
providing for shared legal custody, Mother having primary physical custody of Gloria
and Father having primary physical custody of Ashlee. The girls spend weekends and
summers together.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody of both children. He maintains that Mother has moved several
times since the prior Order of Court, creating an unstable environment for Gloria and
disrupting her education. Gloria's grades have dropped and she almost failed the eighth
grade this past school year. Father asserts that Ashlee is an honor roll student. Father
further asserts that the girls should reside together.
5. Mother's position on custody is as follows: Mother is satisfied with the
status quo, although she maintains also that the girls should live together. She proposes
that she should have primary physical custody of both girls. Mother maintains that
Father works in Maryland and Ashlee is actually being raised by Father's new wife.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo pending a hearing. It is expected that the
Hearing will require one day.
7-S~() ~
Date
1l'~ Verney,.Esquire
Custody Conciliator
ELLEN M. EVELHOCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JAMES A. EVELHOCH,
Defendant
NO. 00-3733 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 25th day of October, 2005, upon consideration of Defendant's
Petition To Modify Custody Order with respect to the parties' child, Gloria S. Evelhoch
(d.o.b. July 20, 1992), following a hearing held on October 24,2005, and based upon the
court's belief as to the best interest of the child, it is ordered and directed as follows:
1. Except as provided otherwise herein, the custodial terms of
the order of court dated August 18, 2003, shall remain in full force
and effect;
2. During the school year, Father shall have periods of
temporary or partial physical custody of the child for three weekends
out of five from Friday until Sunday;
3. During the summer, the parties shall have custody of the child
for alternating two-week periods;
4, The child's school district shall not be changed without prior
order of court;
5. The Mother shall not permit the child to have unexcused
absences or to be tardy from school; and
6. Nothing herein is intended to preclude the parties from
deviating from the terms of this order by mutual agreement.
BY THE COURT,
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Michael Palmero, Esq.
Attorney for Plaintiff
David Lopez, Esq.
Aaron Neuharth, Esq.
Attorney for Defendant
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTYPENNSYLV ANIA
: oO-.6'1;l3
: NO: ~ CIVIL TERM
ELLEN EVELHOCH,
Plaintiff/Petitioner
JAMES A. EVELHOCH,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
EMERGENCY PETITION FOR RELIEF
AND NOW, comes Petitioner, Renee Teats, by and through her attorney,
Michael O. Palermo, Jr., Esquire and in support ofthe within Emergency Petition avers
as follows:
1. Petitioner/Mother is Ellen Evelhoch, who resides at 65 West Main Street,
Newville, Cumberland County, Pennsylvania 17241.
2. Respondent/Father is James A. Evelhoch, III, who resides at RR #4 Box
4572 Duncannon, Perry County, Pennsylvania 17201,
3. The minor child in question is Ashlee N. Evelhoch, age 12, d/olb
1/13/1994.
4. On or about August 13, 2003, the Honorable Edgar Bayley signed an
Order providing for shared legal custody and shared physical custody of the parties two
(2) daughters. The daughter in question, Ashlee Evelhoch was to remain in the custody
of Respondent/Father.
5, Ashlee Evelhoch has remained in Petitioner/Mother's physical custody
since June 6, 2006 and was consequently enrolled in the Big Spring School District.
6. To memorialize this change, or about August 7,2006 Respondent
executed a notarized document (attached hereto as Petitioner's "Exhibit A") stating that
he gave Petitioner/Mother permission to enroll the child in question in the Big Spring
(Newville) School District.
7. On or about November 9,2006 your Petitioner was notified by
Respondent that he withdrew the child from Big Spring Middle School and as of
Monday, November 13, 2006 he would summarily enroll the child in the Susquenita
School District, Perry County.
8. Petitioner/Mother objects to this change in school district.
9. Your Petitioner resides within the confines of the Big Spring School
District.
10. The parties to this action enjoy shared legal custody.
11. Petitioner avers that the withdrawal of the child mid-school year is an
exigent circumstance requiring immediate injunctive relief,
WHEREFORE, Petitioner respectfully requests the Court enter an Order that the
child in question, Ashlee Evelhoch remain in Petitioner/Mother's physical custody and
furthermore, remain enrolled in Big Spring Middle School pending a hearing on this
matter.
Respectfully submitted,
ROMINGER & WHARE
Mic~~r~re
155 S. Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court 10# 93334
Attorney for Plaintiff/Petitioner
ELLEN EVELHOCH,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTYPENNSYLV ANIA
v.
: NO: 02-3803 CIVIL TERM
JAMES A. EVELHOCH,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
VERIFICATION
MICHAEL O. PALERMO, JR., ESQUIRE, states that he is the attorney for
ELLEN EVELHOCH, Plaintiff in this action; that he makes this affidavit as attorney
because he has sufficient knowledge or information and belief, based upon his
investigation of the matters averred or denied in the foregoing document; and that this
statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
Date: }-1M. '{""- 2.ooe.
Mi~~~EsqUire
Attorney for Plaintiff
ELLEN EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTYPENNSYL VANIA
v. : NO: 02-3803 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION - LAW
Defendant/Respondent : IN CUSTODY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I
this day served a copy of the within Emergency Petition upon the following by FedEx
Overnight Mail, at Carlisle, Pennsylvania, addressed as follows:
James A. Evelhoch, III
RR #4 Box 4572
Duncannon, Pennsylvania 17201.
Dated:
N~,tit Zoo,
MiCh~~SqUire
Attorney for Petitioner/Mother
August 7,2006
I, James A Evelhoch III, due hear by authorize Ellen M Evelhoch,
to enroll Ashlee N Evelhoch into the big spring school district.
In accordance with state and local laws we, the
afformentioned, will finalize physical custody, said custody to be
transferred from James..to, Ellen. ,'"
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NOTARIAL SEAL
BRENDA J. WADDELL. Notary public
PaM Twp,: Perry County
My CommisSiOO ExpIres June 9. 2001
~ PETITIONER'S
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTYPENNSYL VANIA
: 60-1l7~3
: NO: ~ CIVIL TERM
ELLEN EVELHOCH,
Plaintiff/Petitioner
JAMES A. EVELHOCH,
Detendan~Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
EMERGENCY PETITION FOR RELIEF
AND NOW, comes Petitioner, Renee Teats, by and through her attorney,
Michael O. Palermo, Jr., Esquire and in support of the within Emergency Petition avers
as follows:
1. Petitioner/Mother is Ellen Evelhoch, who resides at 65 West Main Street,
Newville, Cumberland County, Pennsylvania 17241.
2. Respondent/Father is James A. Evelhoch, III, who resides at RR #4 Box
4572 Duncannon, Perry County, Pennsylvania 17201,
3. The minor child in question is Ashlee N. Evelhoch, age 12, d/olb
1/13/1994.
4. On or about August 13, 2003, the Honorable Edgar Bayley signed an
Order providing for shared legal custody and shared physical custody of the parties two
(2) daughters. The daughter in question, Ashlee Evelhoch was to remain in the custody
of Respondent/Father.
5. Ashlee Evelhoch has remained in Petitioner/Mother's physical custody
since June 6,2006 and was consequently enrolled in the Big Spring School District.
6. To memorialize this change, or about August 7,2006 Respondent
"
executed a notarized document (attached hereto as Petitioner's "Exhibit A") stating that
he gave Petitioner/Mother permission to enroll the child in question in the Big Spring
(Newville) School District.
7. On or about November 9,2006 your Petitioner was notified by
Respondent that he withdrew the child from Big Spring Middle School and as of
Monday, November 13, 2006 he would summarily enroll the child in the Susqu~nita
School District, Perry County.
8. Petitioner/Mother objects to this change in school district.
9. Your Petitioner resides within the confines of the Big Spring School
District.
10. The parties to this action enjoy shared legal custody.
11. Petitioner avers that the withdrawal of the child mid-school year is an
exigent circumstance requiring immediate injunctive relief.
WHEREFORE, Petitioner respectfully requests the Court enter an Order that the
child in question, Ashlee Evelhoch remain in Petitioner/Mother's physical custody and
furthermore, remain enrolled in Big Spring Middle School pending a hearing on this
matter.
Respectfully submitted,
ROMINGER & WHARE
Mic~~r~re
155 S. Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court 10# 93334
Attorney for Plaintiff/Petitioner
ELLEN EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTYPENNSYL VANIA
v. : NO: 02-3803 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION - LAW
Defendant/Respondent : IN CUSTODY
VERIFICATION
MICHAEL O. PALERMO, JR., ESQUIRE, states that he is the attorney for
ELLEN EVELHOCH, Plaintiff in this action; that he makes this affidavit as attorney
because he has sufficient knowledge or information and belief, based upon his
investigation of the matters averred or denied in the foregoing document; and that this
statement is made subject to the penalties of 18 Pa, C,S, Pa,C,S. 94904, relating to
unsworn falsification to authorities.
Date:
tJ... '{'"" 2-00'
Mi~t'!:~ Esquire
Attorney for Plaintiff
"
ELLEN EVELHOCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTYPENNSYL VANIA
v. : NO: 02-3803 CIVIL TERM
JAMES A. EVELHOCH, : CIVIL ACTION - LAW
Defendant/Respondent : IN CUSTODY
CERTIFICATE OF SERVICE
I, Michael 0, Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I
this day served a copy of the within Emergency Petition upon the following by FedEx
Overnight Mail, at Carlisle, Pennsylvania, addressed as follows:
James A. Evelhoch, III
RR #4 Box 4572
Duncannon, Pennsylvania 17201.
Dated:
N~'1~20o'
MiCh~~sqUire
Attorney for Petitioner/Mother
"
August 7,2006
I, James A Evelhoch III, due hear by authorize Ellen M Evelhoch,
to enroll Ashlee N Evelhoch into the big spring school district.
In accordance with state and local laws we, the
afformentioned, will finalize physical custody, said custody to be
transferred from James !OJ Ellen. ,!.>
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NOTARIAL SEAL
BRENDA J. WADDEU.. Notary Public
Penn Twp,: Perry Coonty
My CommisSion expires June 9. 2007
~ PETITIONER'S
Sl EXHIBIT
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ELLEN EVELHOCH,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES A, EVELHOCH,
DEFENDANT/RESPONDENT : 00-3733 CIVIL TERM
AND NOW, this
ORDER OF COURT
l>r
'. day of November, 2006, a hearing shall be
conducted on the within petition for emergency relief at 11 :00 a.m., Monday, November
20, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
-
Michael O. Palermo, Jr., Esquire
F or Petitioner
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James A, Evelhoch, Pro se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELLEN EVELHOCH,
Plaintiff/Petitioner
JAMES A. EVELHOCH,
Defendant/Respondent
NO. 00-3733 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of November, 2006, the petition
for special relief is denied without prejudice for the mother to
seek a modification of the current existing custody order which
is now being followed.
James A. Evelhoch, pro se
RR4, Box 4572
Duncannon, PA 17020
Esquire \
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Michael O. Palermo, Jr.,
For Plaintiff
Sheriff
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ELLEN M. EVELHOCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
00-3373 CIVIL TERM
JAMES A. EVELHOCH,
Defendant
IN CUSTODY
IN RE: PETITION TO MODIFY CUSTODY ORDER
ORDER OF COURT
AND NOW, this 24th day of October, 2005, upon
consideration of Defendant's Petition To Modify Custody
Order with respect to the parties' child, Gloria S. Evelhoch
(d.o.b July 20, 1992), and following a hearing held on this
date, the record is declared closed, and the matter is taken
under advisement.
By the Court,
~ichael O. Palermo, Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013 )
For Plaintiff
~avid Lopez, Esquire
Aaron John Neuharth, Esquire
401 East Louther Street, Suite 101
Carlisle, PA 17013
For Defendant
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