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HomeMy WebLinkAbout03-1725NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF BRIAN W. CARBAUGH, Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION. LAW : NO. 2003- J"/~,.~ CIVIL TERM : : IN CUSTODY COMPLAINT FOR CUSTODY NOW, comes the plaintiff, Brian W. Carbaugh, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Brian W. Carbaugh, an adult individual residing at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Rita E. Rowles, an adult individual residing at 113 East Main Street, P.O. Box 3, Newburg, Cumberland County, Pennsylvania 17240. 3. Plaintiff seeks custody of the following child: Name Present Residence Dakota William Rowles 113 East Main St, P.O. Box 3 Newburg, PA 17240 Age 6 years D.O.B. 8/21/1996 4. Plaintiff and defendant are the natural parents of the child. 5. The child was born out of wedlock. 6. The child is presently in the custody of defendant and has resided with defendant since his birth except for a period of forty-five days during which defendant was incarcerated and during which the child resided with plaintiff. 7. The parties have never been marded. 8. The mother of the child is currently single. 9. The father of the child is currently single. 10. 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. 11. Plaintiff has no information of a custody proceeding conceming the child pending in a court of this Commonwealth or any other state. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the defendant has engaged in dangerous and reckless behavior that has endangered the life of the child on repeated occasions. 14. 2001. Defendant was involved in an automobile accident on or about September 7, 15. Defendant was charged with driving under the influence of alcohol following the accident by the Pennsylvania State Police from the Chambersburg Barracks. 16. The child and another child of the defendant were passengers in the car at the time of the accident and custody of the children was given to friends of the defendant while defendant was treated for her injuries sustained in the accident. 17. Defendant has already been twice convicted for driving under the influence of alcohol and, as a result, was incarcerated for a period of approximately forty-five days. 18. On one other occasion, a concemed friend summoned plaintiff to a bar in the Shippensburg area. Upon his arrival, plaintiff found the child asleep in a car while the defendant was inside the establishment. 19. The State Police were summoned to the scene but upon defendant's refusal to relinquish custody of the child, allowed the child to remain with the defendant. 20. Plaintiff has paid support for the care and maintenance of the child since shortly after the child's birth. 21. Plaintiff had been permitted to have custody of the child on alternating weekends from his birth until August of 2002, when defendant refused to allow plaintiff to have custody of the child. 22. Since that time, plaintiff has made numerous attempts to have visitation with the child and defendant has refused plaintiff's requests. 23. Plaintiff has only been able to have regular visits with the child while the child was in the care of his patemal grandmother, plaintiff's mother, sinceAugust of 2002. 24. Plaintiff has one other child and is a competent parent and provider. 25. the child. Plaintiff maintains a stable household and environment within which to raise 26. Plaintiff is gainfully employed as a production manager for a corporation in Cumberland County and has sufficient means to care for the welfare of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Brian W. Carbaugh, respectfully requests that the Court enter an order granting primary physical custody of the child to the plaintiff. April.///~, 2003 Respectfully submitted, ~ F, ES~QUIRE ~tes 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. April _/'//~' 2003 BRIAN W. CARBAUGH BRIAN W. CARBAUGH : PLAINTIFF : V. RITA E. ROWLES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 23, 2003 at 10:30 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 apl~ear 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: /si Hubert X. Crilroy, 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 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 BRIAN W. CARBAUGH, Plaintiff V RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 03 - 1725 CIVIL : IN CUSTODY CO~TO~ER ~AND.?.O.W,._this ~ay, upon consideration of the attached Custody day of .2003, ~oncmauon Report, ~t is ordered and directed as follows: The Father, Brian W. Carbaugh, and the Mother, Rite E. Rowles, shall enjoy shared legal and shared physical custody of Dakota William Rowles, born August 21, 1996. 2. Physical custody shall be handled as follows: The parties shall alternate custody on a weekly basis commencing on the Thursday Mother starts work on the 11-7 shift. Mother shall deliver the child to Father on that Thursday at 7:00 a.m. and Father shall deliver the child back to Mother the following Thursday at 7:00 a.m. Mother shall have custody of the child on the off week when she is not working 11-7. When the Mother has custody of the minor child and she is working, the Mother shall provide custody of the child to the Father during that time. When the Father has custody of the minor child and is working, Father shall provide custody of the minor child to the Mother during that time. The parties shall work out between themselves times for exchange of custody in a schedule consistent with the order as set forth above. This is a temporary order, and both parties reserve the right to suggest a contrary custodial arrangement in the event this case goes to a hearing. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Thursday, July 3, 2003 at 8:00 a.m. The purpose of this telephone conference call is to determine whether the custody schedule set forth above is working. At that time, the conciliator may recommend a more permanent order to the court or recommend that this case be scheduled for a hearing. During the summer months, each party is entitled to take at least two (2) weeks of vacation with the minor child as long as the parties are off work. During that timeframe, they shall have the exclusive custody of the minor child. The parties shall give the other parent at least thirty (30) days notice as to when they intend to exercise their vacation. The parties shall alternate holidays when they have off work. Father shall have Memorial Day 2003 with the parties alternating thereafter such that Mother will have July 4th. CC: Nathan C. Wolf, Esquire Bruce J. Warshawsky, Esquire BRIAN W. CARBAUGH, Plaintiff V RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 1725 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dakota William Rowles, born August 21, 1996. A Conciliation Conference was held on May 23, 2003, with the following individuals in attendance: The Father, Brian W. Carbaugh, with his counsel, Nathan C. Wolf, Esquire; and the Mother, Rita E. Rowles, with her counsel, Bruce J. Warshawsky, Esquire. The parties agree to the entry of an order in the form as attached. DATE ~sbt~yX~;orESqulre