Loading...
HomeMy WebLinkAbout03-0576IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD J. EZBIANSKY Plaintiff V. STEPHANIE J. ROBERTS Defendant NO. 0-'~- 5'-~ CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT CIVIL TERM The Plaintiff is Donald J. Ezbiansky, residing at 1921 Chatham Drive, Camp Hill, PA 17011. The Defendant is Stephanie J. Roberts, residing at 242 Cumberland Road, Camp Hill, PA 1701 I. Plaintiff seeks custody of the following child: NAME PLACE OF RESIDENCE AGE D.O.B. Kelsea Lee Ezbiansky 1921 Chatham Drive 8 4/13/94 Camp Hill, PA 17011 The child was born out of wedlock. The child is presently in the custody of the Donald J. Ezbiansky who resides at 1921 Chatham Drive, Camp Hill, PA 17011. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Donald J. Ezbiansky 1921 Chatham Drive 7/1/2000- present Sheryl L. Ezbiansky Camp Hill, PA 17011 Nicole Lynn Ezbiansky Allison Mary Ezbiansky ~ :Allison is only ten (10) months old, and therefore has been in this household for only that ten (10) month time period. - 1 - PERSONS ADDRESSES DATES Stephanie J. Roberts Roth Village 8/1998-7/1/2000 Kyle Zappe Mechanicsburg, PA Stephanie J. Roberts 1725 English Drive 8/97-8/98 Kyle Zappe Mechanicsburg, PA 17055 Matt Zappe 10. 11. 12. The mother of the child is Stephanie J. Roberts currently residing at 242 Cumberland Road, Camp Hill, PA 17011. The mother is married to Christopher Heath Roberts. The father of the child is Donald J. Ezbiansky currently residing at 1921 Chatham Drive, Camp Hill, PA 17011. The father is married to Sheryl L. Ezbiansky. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Sheryl L. Ezbiansky Wife Kelsea Lee Ezbiansky Daughter Nicole Lynn Ezbiansky Daughter Allison Mary Ezbiansky Daughter 13. 14. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Christopher Heath Roberts2 Husband 2It is believed that mother is is included in this section in the into their home. separated from her husband. He event he has moved or moves back - 2 - NAMES RELATIONSHIP Kyle Zappe Son Jordan Roberts Daughter 15. 16. 17. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker and custodian. b. Plaintiff has a more stable environment. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal custody and primary physical custody of the child to the Plaintiff. Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Date: ~["7/~) ~ - 3 - VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that £alse statements herein are made subject to the penalties o£ 18 Pa.C.S. 4904 relating to unswom £alsification to authorities. Date: DONALD J. EZ~IANS~Y DONALD J. EZBIANSKY PLAINTIFF STEPHANIE J. ROBERTS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-576 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Wednesday, February 12, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, March 18, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 are 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, S0ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT~ By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must atlend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DONALD J. EZBIANSKY Plaintiff V. STEPHANIE J. ROBERTS Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : · No. 03-576 : · CIVIL ACTION : · IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I, Diane G. Radcliff, Esquire, served a true and correct copy of the Complaint in Custody upon the following named Defi:ndant addressed as follows by Certified Mail, Restricted Delivery on the 13t~ day of February 2003, the remm receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof: STEPHANIE J. ROBERTS 242 CUMBERLAND ROAD CAMP HILL, PA 17011 Respectfully submitted, ~.~RADLLIFF, ESQUIRE ~e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse mso that we can return the card to you. · JAttach this card to the back of the mailpiece,  or on the front if space permits. 1. JArticle Addressed to: A. Received by (Please Print Clearly) . of Delivery C. Signature 17 If YES, ' delivery address below: [] Agent [] Addressee 3..Service Type ~Certified Express Mail Mail ~Registered [] Return Receipt for Merchandise [] InsUred Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 2. ArticleNu~ber(Co~)yfromservicelabel)70 ~ ~.,~010 ~ ~ 7/ ~)~ PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD DONALD J. EZBIANSKY, Plaintiff V. STEPHANIE J. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-576 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeRal Custody. The parties, Donald J. Ezbiansky and Stephanie J. Roberts, shall have shared legal custody of the minor child, Kelsea Lee Ezbiansky, born April 13, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. .Physical Custody. Father shall have primary physical custody. 3. Mother shall have periods of partial custody at such times and places as the parties shall mutually agree, subject to the terms of Paragraphs 4 through 7 herein. 4. Mother shall not permit the child to be in the presence of her husband, Christopher Heath Roberts, for more than three (3) hours, whether at her residence, in a vehicle, or anywhere else, unless he is supervised at all times by Mother or another responsible adult. 5. If in the future the child is exposed to domestic violence at either party's home, then the child shall be immediately transported to the other party's home, and shall stay in that party's sole physical custody until the child's safety can be determined. If the parties are unable to agree to resume the current schedule, then either party may file a petition with the Court to resume the custody schedule or modify the Court Order. The parties will comply with Pennsylvania law related to the child's safety. NO. 03-576 CIVIL TERM 7. Neither party will drink to the point of intoxication during any period of custody in the absence of a sober adult driver who can transport the child in the event that she is in need of medical attention. Dist: BY THE COURT: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Stephanie J. Roberts, 242 Cumberland Road, Camp Hill, PA 17011 ~ ~ DONALD J. EZBIANSKY, Plaintiff V. STEPHANIE J. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-576 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME Kelsea Lee Ezbiansky DATE OF BIRTH CURRENTLY IN THE CUSTODY OF April 13, 1994 Father 2. A Custody Conciliation Conference was convened following Father's filing of a Custody Complaint on February 7, 2003. Present for the conference were: the Father, Donald E. Ezbiansky, and his counsel, Diane G. Radcliff, Esquire; the Mother, Stephanie J. Roberts attended pro se. Date The parties reached an agreement in the form of an Order as attached. Melissa Peel Greevy, Esquire Custody Conciliator :211429