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DOROTHY FREY, : IN TI IE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
TINA MARIE AVARITr and
DENNIS M. IIIPSMAN,
Defendants
NO.99-L3n CIVIL TERM
: CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this ??? day of 00Cbc( , 1998, upon
consideration of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before t(,hae t ??Il1gS L.?C ,
a 5• A °?`' ??? t C(mn 1?1i l t ?(??
the Co day of . V at--?1 at 1?1X? .?M, for
Conference. At such Conference, an eflort will be made to resolve the
Pre-Hearing Custody
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 permanent order.
FOR THE COURT,
Custody Conciliator
"Ile Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infonnation 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 TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIDE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 219-3166
the conciliator, at
on
DOROTHY FREY, :1N THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
: NO.99.G37)' CIVILTERM
CIVIL ACTION -CUSTODY
COMPLAINT FOR CUSTODY
Plaintiff is DOROTHY FREY, an adult individual whose residence is at 501 Barry
Court, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania.
2. Defendant, TINA MARIE AVARIETT, is an adult individual whose residence is at
208-A Ramsey Place, New Cumberland (Fairview Township), York County, Pennsylvania.
3. Defendant, DENNIS M. HIPSMAN, is an adult individual whose residence is at 3743
Buckbroad Trail, Lake Wales, Florida.
4. Plaintiff seeks custody of her grandchild, ASHLEY LYNN ELLIS, currently residing at
501 Barry Court, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, whose
date of birth is March 24, 1988.
5. The children are presently in the custody of Plaintiff.
6. The child has resided with the following over the past five years:
Name Address Date
Dorothy Frey 501 Barry Court August I, 1999 to
Mechanicsburg, PA 17055 present
Tina Marie Avaritt and Ryan Avaritt 208-A Ramsey Place September 1, 1997 to
(mother and stepfather), Kayla Dawn New Cumberland, PA 17070 August 1, 1999
Avaritt, Jessica Renee Avaritt and
Brandon Michael Avaritt
Tina Marie Avaritt and Ryan Avaritt 139 Old Quaker Road July 12, 1997 to
Kayla Dawn Avaritt, Jessica Renee Etters, PA 17319 September 1, 1997
Avaritt and Brandon Michael Avaritt
Tina Marie Avaritt and Ryan Avaritt 139 Old Quaker Road January 1995 to
and Kayla Dawn Avaritt Ettcrs, PA 17319 July 12, 1997
7. The natural mother of the child is TINA MARIE AVARITT, currently residing at the
above-stated address.
8. The natural father of the child is DENNIS M. HIPSMAN, currently residing at the
above-stated address.
9. The relationship of the Plaintiff to the child is tint of maternal grandmother.
10. The relationship of Defendant TINA MARIE AVARITT to the child is that of natural
mother; the relationship of Defendant DENNIS M. HIPSMAN to the child is tint of natural father.
11. The Plaintiff has not participated as a party or in any other capacity, in other litigation
concerning the custody of the child in this or any other court.
12. Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
13. The best interests and permanent welfare of die child will be served by granting the
relief requested because:
A) the Plaintiff is the primary care giver with respect to the child;
B) the Plaintiff currently stands in the status of in loco parentis with respect to the child;
C) Defendant TINA MARIE AVARITT has acknowledged that it is her intention and desire
that her daughter reside on a permanent basis with Plaintiff;
D) the natural father has had minimal contact with the child during her lifetime;
E) it is the desire of the child to reside with the Plaintiff, and
F) the Plaintiff is the party to this action in the best position to provide a safe, stable and
nurturing home for the child.
14. Each parent whose parental rights to die child have not been temrinated and the person
u<;
who has physical custody of the child have been named as parties to this action. No odor persons are
known to have or claim to have any right to custody or visitation of the child other than the parties to
this action.
WHEREFORE, Plaintiff requests your Honorable Court to grant unto Plaintiff primary legal
and physical custody of the subject child, ASHLEY LYNN ELLIS, bom March 24, 1988, subject to
reasonable periods of partial custody and visitation in favor of her parents, the Defendants named
herein.
6S ocT fto
Date
Respectfully submitted,
ROBERT PETER KLINE, ESQUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070.0461
(717) 770-2540
Attorney for Plaintiff
-- I r .?..?.t In ., ..44ti: vS .?E t
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and correct. I
understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating
to unswom falsification to authorities.
In - c?s -??
Date
C? ?-n a?,-A
DOROTHY FRE
DOROTHY FREY,
Plaintiff'
V.
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CoIFNTY, PENNSYLVANIA
: NO. 99-6375 CIVIL TERM
CIVIL ACTION - CUSTODY
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Custody Complaint filed in the
above captioned case upon Defendant Tina Marie Avaritt, by certified mail, return receipt requested
on October 27, 1999 addressed to :
Tina Marie Avaritt
208-A Ramsey Place
New Cumberland, PA 17070
and did thereafter receive same as evidenced by the attached Post Office receipt card dated
October 28, 1999.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF
SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTIIORITIES.
7ct dc.T 144cr
Date
ROBERT PETER KLINE, ESQUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
Z 284 663 814
US Postal Service
Receipt for Certified Mail
No insurance coverage Provided.
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DOROTHY FREY,
V.
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
NO. 99-6375 CIVILTERM
CIVIL ACTION - CUSTODY
AFFIDAVIT OF SERVICE
I, Robert Peter Kline, Esquire, hereby swear and affirm that on October 27, 1999,1 served a
certified copy of the Custody Complaint filed in the above captioned case upon Defendant, Dennis
M. Hipsman, by certified mail, return receipt requested, addressed to :
Dennis M. Hipsman
3743 Buckbroad Trail
Lake Wales, FL 33853
and did thereafter receive same returned to me stamped "unclaimed". A copy of said envelope is
attached hereto and incorporated herein as Exhibit "A".
Furthermore, l hereby certify that 1 served a certified copy of the Custody Complaint by first
class mail addressed as above and mailed from New Cumberland, Pennsylvania, on October 27,
1999 and that said first class mail has not been returned as of this date.
I VERIFY THAT THE STATEMENTS MADE IN TIME FOREGOING AFFIDAVIT OF
SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
2-o JOE(. 1c145
Date ROBERT PETER KLINE, ESQUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070.0461
(717)770.2540
Attorney for Plaintiff
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EXHIBIT "A"
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DOROTHY FREY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendants
: NO. 99-6375 CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this Z3' day of ftdw , 2000, upon review of the
attached Stipulation as to dtc Custody of Ashley Lynn Ellis, it is hereby ORDERED and DECREED
as follows:
1. Dorothy Frey, Tina Maric Avaritt, and Dennis M. Hipsman shall all share legal
custody of Ashley Lynn Ellis, born March 24, 1988.
2. Dennis M. Flipsman shall have primary physical custody of Ashley Lyme His,
subject to the periods of partial custody and visitation as provided herein.
3. Dorothy Frey, maternal grandmother of Ashley Lynn Ellis, shall have periods of
partial physical custody of her granddaughter as follows:
A) For a period of not less than one month during the child's summer
vacation from school;
B) For n period of not less than one week during the child's Christmas break
from school;
C) Such other times as Dorothy Frey shall be able to travel to Florida to visit
with her granddaughter;
D) Such other times as the parties shall mutually agree;
E) In the exercise of any visitation as contemplated by this paragraph,
Dorothy Frey will be responsible for making arrangements for the transportation of
Ashley Lynn Ellis between Florida and Pennsylvania.
4. Tina Marie Avaritt, natural mother of Ashley Lynn Ellis, shall have periods of partial
custody and/or visitation at such times as agreed upon by Tina Marie Avaritt and the party which
then has physical custody of Ashley Lynn Ellis pursuant to Paragraphs 2 and 3 above.
BY THE COURT:
09 -d-30 0
KKS
M
DOROTHY FREY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6375 CIVIL TERM
TINA MARIE AVARITT and CIVIL ACTION -CUSTODY
DENNIS M. HIPSMAN,
Defendants
STIPULATION AS TO THE
CUSTODY OF ASHLEY LYNN ELLIS
WHEREAS, Ashley Lynn Ellis, bom March 24, 1988, is the natural child of Tinn Mnric
Avaritt, who resides at 208-A Ramsey Place, New Cumberland, Pennsylvania, and Dennis M.
Hipsman, who resides at 3743 Buckbroad Trail, Like Wales, Florida, and the grandchild of Dorothy
Frey, who resides at 501 Berry Court, Mechanicsburg, Pennsylvania;
WHEREAS, Ashley Lynn Ellis has been in the primary physical custody of her maternal
grandmother, Dorothy Frey, since on or about August I, 1999; and
WHEREAS, the parties to this Agreement hereby agree that Ashley Lynn Ellis shall, upon
entry of the Order contemplated by this Agreement, reside with her father, Dennis M. Hipsman, in
Like Wales, Florida, subject to the terns and conditions contained herein.
NOW, THEREFORE, the parties to this Agreement hereby agree to the following stipulation
as to the custody of Ashley Lynn Ellis.
I. Dorothy Frey, Tina Marie Avaritt, and Dennis M. Hipsman shall all share legal
custody of Ashley Lynn Ellis, bom March 24, 1988.
2. Dennis M. Hipsman shall have primary physical custody of Ashley Lynn Ellis,
subject to the periods of partial custody and visitation as provided herein.
3. Dorothy Frey, maternal grandmother of Ashley Lynn Ellis, shall have periods of
partial physical custody of her granddaughter as follows:
A) For n period of not less than one month during the child's summer
vacation from school;
Y'- _...
B) For a period of not less than one week during the child's Christmas break
from school;
C) Such other times as Dorothy Frey shall be able to travel to Florida to visit
with her granddaughter;
D) Such other times as the parties shall mutually agree;
E) In the exercise of any visitation as contemplated by this paragraph,
Dorothy Frey will be responsible for making arrangements for the transportation of
Ashley Lynn Ellis between Florida and Pennsylvania.
4. Tina Marie Avaritt, natural mother of Ashley Lynn Ellis, shall have periods of partial
custody and/or visitation at such times as agreed upon by Tina Marie Avaritt and the party which
then has physical custody of Ashley Lynn Ellis pursuant to Paragraphs 2 and 3 above.
WITNESS:
ROBERT PETER KLINE, ESQUIRE DOROTHY FRE Date
Attorney for Dorothy Frey
;?.r?•. mom. -Ayo?:?l- ,q -zW
TINA MARIE AVARITT Date
A. KALASNIK, ESQUIRE DENNIS M.- I lIPSMXN Date
for Dennis M. Hipsman
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DOROTHY TREY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6375 CIVIL TERM
CIVIL ACTION - CUSTODY
VS.
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
ORDER
AND NOW this c A day of 120 , 2000, it being reported to the
Conciliator that the parties have reached an agreement which makes further proceedings
unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter
to the Court Administrator. If either of the parties wishes further proceedings in this action, they
should petition the Court anew.
cc: Robert Peter Kline, Esquire
Ms. Tina Marie Avaritt
208-A Ramsey Place
New Cumberland, PA 17070
Joseph A. Kalasnik, Esquire
Menges, Gent & McLaughlin
1157 Eichelberger Street
Hanover, PA 17331
FOR THE COURT,
Z
MICHAEL L. BANGS
Custody Conciliator
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IN THE COURT OF COMMON PLEAS OF CUMDF.RLAND COUNTY,
PENNSYLVANIA
DOROTHY FREY,
V.
Plaintiff
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
ORDER
NO.: 99-6375
CUSTODY
AND NOW, this /91day of M Ay , 2003, upon review
of the attached Stipulation as to the Custody of Ashley Lynn Ellis, it is hereby
ORDERED and DECREED as follows:
1. Dorothy Frey, Tina Marie Avaritt and Dennis M. Hipsman shall all
share legal custody of Ashley Lynn Ellis, born March 24, 1988.
2. Dorothy Frey shall have primary physical custody of Ashley Lynn
Ellis, subject to the periods of partial custody and visitation as provided herein.
3. Dennis M. Hipsman, father of Ashley Lynn Ellis, shall have periods of
partial physical custody of his daughter, as tollows:
(a) For a period of not less than one month during the child's summer
vacation from school;
(b) For a period of not less than one week during the child's Christmas
break from school;
(c) Such other times as Dennis Hipsman shall be able to travel to
Pennsylvania to visit with his daughter;
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(d) Such other times as the parties shall mutually agree,
(e) In the exercise of any visitation as contemplated by this paragraph,
Dennis Hipsman will be responsible for making arrangements for
the transportation of Ashley Lynn Ellis between Florida and
Pennsylvania.
4. Tina Marie Avaritt, natural mother of Ashley Lynn Ellis, shall have
periods of partial custody and/or visitation at such times as agreed upon by Tina Marie
Avaritt and the party which then has physical custody of Ashley Lynn Ellis pursuant to
Paragraphs 2 and 3 above.
RY TNR cnt IRT-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DOROTHY FREY, NO.: 99-6375
Plaintiff
V. CUSTODY
TINA MARIE AVARITT and
DENNIS M. HIPSMAN,
Defendant
STIPULATION AS TO THE CUSTODY OF ASHLEY LYNN ELLIS
WHEREAS, Ashley Lynn Ellis, bom March 24, 1988, is the natural child of Tina
Marie Avaritt, who resides at 208-A Ramsey Place, New Cumberland, Pennsylvania, and
Dennis M. Hipsman, who resides at 1144 Viewpoint Circle, Lake Wales, Florida, and the
grandchild of Dorothy Frey, who resides at 110 Cumberland Drive, Camp Hill,
Pennsylvania;
WHEREAS, Ashley Lynn Ellis has been in the primary physical custody of her
matemal grandmother, Dorothy Frey, since on or about November 25, 2002;
WHEREAS, the parties to this Agreement hereby agree that Ashley Lynn Ellis
shall, upon entry of the Order contemplated by this Agreement, reside with her father,
Dennis M. Hipsman, in Lake Wales, Florida, subject to the terms and conditions
contained here.
NOW, THEREFORE, the parties to this Agreement hereby agree to the following
stipulation as to the custody of Ashley Lynn Ellis.
Dorothy Frey, Tina Marie Avaritt, and Dennis M. Hipsman shall all share
legal custody of Ashley Lynn Ellis, born March 24, 1988.
2. Dorothy Frey shall have primary physical custody of Ashley Lynn
Ellis, subject to the periods of partial custody and visitation as provided herein.
3. Dennis Hipsman, father of Ashley Lynn Ellis, shall have
periods of partial physical custody of his daughter as follows:
(a) For a period of not less than one month during the child's summer
vacation from school;
(b) For a period of not less than one week during the child's Christmas
break from school;
(c) Such other times as Dennis Hipsman shall be able to travel to
Pennsylvania to visit with his daughter;
(d) Such other times as the parties shall mutually agree;
In the exercise of any visitation as contemplated by this paragraph, Dennis Hipsman will
be responsible for making arrangements for the transportation of Ashley Lynn Ellis
between Florida and Pennsylvania.
4. Tina Marie Avaritt, natural mother of Ashley Lynn Ellis, shall have
periods of partial custody and/or visitation at such times as agreed upon by Tina Marie
Avaritt and the party which then has physical custody of Ashley Lynn Ellis pursuant to
Paragraphs 2 and 3 above.
WITNESS DOROTHY FREY DATE
WITNESS TINA MARIE AVARITT DATE
WITNESS DENNIS M. HIPSMAN DATE
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