HomeMy WebLinkAbout07-6198
ERIC E. JONES IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. o7-4,19P
? uc,CABBY LYNN GINGRICH, CIVIL ACTION
Defendant
COMPLAINT FOR SOLE CUSTODY
1. The Plaintiff is Eric Eugene Jones, who currently resides at 607 Good Hope Road,
Mechanicsburg, Pennsylvania, Cumberland County.
2. Defendant is Abby Lynn Gingrich, who currently resides at 406 Ella Street,
Wilkensburg, Pennsylvania, Allegheny County.
3. Plaintiff seeks custody of the following child:
Name Present Residence Age
Egan Eugene Jones 607 Good Hope Road 4 years old
Mechanicsburg, PA 10/26/02
The child was born out of wedlock.
The child is presently in the physical custody of plaintiff Father, who resides at the
address in paragraph 1 in Cumberland County, Pennsylvania.
The Minor child has resided with the following persons and at the following address
for the past 5 year:
1. Mother and Father 896 Old Slate Rd.
ShermansDale, PA
2. Father and paternal 223 Tuscarora Dr.
grandparents Ickesburg, PA
3. Father 607 Good Hope Road
Alisha Espenshade Mechanicsburg, PA
Fiancee
Shane Espenshade (2)
Birth to 2004
2005-2007
2007
The father of the child is Eric Eugene Jones, Plaintiff, currently residing at the
address in Paragraph 1.
He is engaged and living separately from Defendant.
The mother of the child is Abby Lynn Gingrich, Defendant, currently residing at
the address in Paragraph 2.
She is not married and living separately from Plaintiff.
4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently
resides with his Fianc6e, Alisha Espenshade and her 2 year old child.
5. The relationship of the Defendant to the childis that of mother. The Defendant
currently resides with the following persons:
Plaintiff has no information as to who lives with Defendant.
6. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state.
Plaintiff does not know of any 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.
7. The best interest and permanent welfare of the child will be served by granting
Plaintiff sole physical custody and shared legal custody of said minor child with
appropriate visitation to mother.
8. 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.
9. The parties have entered into a Stipulated Agreement concerning custody of the minor
child.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant sole
physical and shared legal custody rights to Plaintiff pursuant to the attached Stipulated
Agreement.
Respec lly submitted,
USAN K. P KFO SQ.
Law Offices of Susan. Pickford
3400 Trindle Road
Camp Hill, PA 17011
717-612-1660
Supreme Court ID # 43093
I verify that the statements made in this Complaint 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.
( <Z- -
Eric 949ene Jones
DATE: 9 ' J I - d
ERIC E. JONES ,
Plaintiff
VS
ABBY LYNN GINGRICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION
ACKNOWLEDGEMENT OF
RECEIPT OF SERVICE
OF COMPLAINT IN CUSTODY
I, ABBY LYNN GINGRICH, the Defendant in the above captioned matter, do
hereby state that I have received a Complaint for Sole Custody on September _
2007 through registered or certified mail.
?j ABBY f?WOOWRICH'
Dated: vt ' 07-
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ERIC E. JONES , : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. Q?' - 4.10
ABBY LYNN GINGRICH, CIVIL ACTION
Defendant
AGREEMENT AND STIPULATION
THIS STIPULATION AND AGREEMENT entered into this / day of
, 2007, by and between Eric E. Jones, (hereinafter referred to as "Father")
and Abby Gingrich, (hereinafter referred to as "Mother")
WHEREAS, Father and Mother are the natural parents of Egan Eugene Jones DOB
10/26/2002; and
WHEREAS, Father and Mother desire to enter into a comprehensive Custody
Stipulation and Agreement setting forth the physical and legal custody arrangements for
their minor child, to be in effect hereafter and until altered by subsequent agreement or
order of court; and
WHEREAS, Father and Mother desire to confirm their agreement relative to
custody of their minor child and execute a Stipulation and Agreement to affect the same.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The parties shall have shared legal custody of the minor child in matters
concerning decisions as to the health, education and welfare of the minor child.
2. Father shall have sole physical custody of the minor child.
a. Father shall not unreasonably withhold contact between Mother and the minor
child and shall permit liberal visitation in a safe environment. However, should
Mother appear for a visit under the influence of alcohol or drugs, Father may
refuse the visit and reschedule for another time.
b. Father will permit liberal contact between Mother and minor child via phone
contact as long as said phone contact is appropriate for the child.
c. Mother will not consume alcoholic beverages or use non-prescription drugs
or prescription drugs not prescribed for her by her physician during periods
of time she is with the minor child.
3. Regarding holidays:
Until further written agreement or order of court, Holidays shall be shared by
agreement of the parties. If the parties cannot agree, Father shall make determination
regarding best interest of the minor child; however, Father shall permit Mother time with
the minor child at some point during every major holiday (Christmas, Thanksgiving,
Easter) should the Mother request same.
4. Neither parent shall remove the child from the state without prior written notice
to and consent from the other parent.
5. Each parent shall have equal access to the child's school facility, records and
personnel as well as health and school records.
6. The parties will keep each other advised immediately relative to any
emergencies concerning the minor child and shall, further, take any necessary steps to
ensure that the health and wellbeing of the minor child is protected. Each parent shall
notify the other within 24 hours of illness, injury. Doctor visits shall be reported to the
other parent within 24 hours.
7. Neither party shall do anything that may estrange the child from the other party,
or injure the opinion of the child as to the other party, or may hamper the free and natural
development of the child's love and affection for the other party. Nor shall either parent
permit other relatives or friends to speak or act in such a manner in the presence of the
child.
8. Each party shall be entitled to complete and full information from any doctor,
dentist, teacher or other similar authority and have copies of any reports given to them as
a parent. Such documents include, but are not limited to, medical reports, academic and
school report cards and birth certificates.
9. Any permanent modification or waiver of the provisions of this Agreement
must be in writing and shall be affective only if made in writing and executed with the
formality of this Stipulation and Agreement.
12. The parties acknowledge that entering into this Stipulation and Agreement, there
has been no fraud, concealment, overreaching, coercion or other unfair dealings on the
part of either party.
13. The parties acknowledge that they have read and understood the provisions of this
Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement
is fair and equitable and that it is not the result of duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year above written.
WITNESS:
ti
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Eric Eugene Jones
".
?Y[ 1 C.i'?Q pQLt?Q, Abb ynn Gingrich
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OCT 2 42007
ERIC E. JONES ,
Plaintiff
VS
ABBY LYNN GINGRICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4)7- `l 9p
CIVIL ACTION
ORDER OF COURT
C.; L7i,-.,7
AND NOW, upon consideration of the attached Complaint in Custody and the
attached Stipulated Agreement, the terms and conditions of said agreement and each of
them are incorporated herein by reference and hereby made an Order of this Court with
all enforcement rights attached thereto.
BY THE COURT
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Distribution:
XLsan K. Pickford, Esq.
Attorney for Eric Jones
3400 Trindle Road
Camp Hill, PA 17011
A by Lynn Gingrich
406 Ella Street
Wilkensburg, PA
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ERIC E. JONES, IN THE COURT OF COMMON PLEAS
Petitioner OF THE 41 IT JUDICIAL DISTRICT
OF PENNSYLVANIA
V. PERRY COUNTY BRANCH
ABBY LYNN GINGRICH, CIVIL ACTION - CUSTODY
Respondent NO. 2007-6198
PETITION FOR MODIFICATION
AND NOW, comes Petitioner, ABBY LYNN GINGRICH, pursuant to 1915.1 et.
seq. of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court for a
modification in the custody order. In support thereof, the Petitioner asserts the following:
1. On October 11, 2007, an Agreement and Stipulation was entered regarding
custody. (See attached Exhibit "A").
2. Since the entry of the Order, circumstances have changed.
3. This petition involves one minor child, Egan Eugene Jones, date of birth, October
26, 2002.
4. Mother has attended rehab and has been successfully discharged.
5. Mother is currently residing with her parents at 955 Clouser Hollow Road, New
Bloomfield, Perry County, Pennsylvania.
6. Mother desires to have a regular schedule imposed regarding visitation.
7. Mother is requesting a schedule to encompass holidays and summer that would be
best for the minor child.
8. If an agreement cannot be reached and a hearing is to be scheduled the Court shall
have the authority to direct the parties to attend the Education Program for
Separated Parents at the cost of $50.00 per party. Failure to register and complete
the program within sixty (60) days will be brought to the attention of the Court
and may result in a finding of contempt and the imposition of sanctions or a
continuation of the hearing that has been scheduled in this matter until both
parties comply.
Ickesburg, PA Paternal Grandparents
2007 present 607 Good Hope Road Father
Mechanicsburg, PA Alisha Espenshade (Fiancee)
Shane Espenshade(age 3)
8. Defendant has had exclusive custody of the child since the parties had
executed an agreement, to the best of counsel's knowledge, has not been
filed with the Court.
9. There has been no previous litigation concerning the custody of this child
in this Court or any other jurisdiction.
10. All persons who have claimed rights of custody for.this child have been
named as parties to this action.
11. Plaintiff is able to provide a loving, stable, and safe environment for
raising the minor child.
12. The best interest and permanent welfare of the child would be served by
granting relief to the Plaintiff.
13. Plaintiff has successfully completed a drug/alcohol in-patient treatment
program and is participating in out-patient treatment programs currently.
13. If an agreement cannot be reached and a hearing is to be scheduled the
Court shall have the authority to direct the parties to attend the Education
Program for Separated Parents at the cost of $50.00 per party. Failure to
register and complete the program within sixty (60) days will be brought
to the attention of the Court and may result in a finding of contempt and
the imposition of sanctions or a continuation of the hearing that has been
scheduled in this matter until both parties comply.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant
partial physical and shared legal custody of the minor child to her.
Respectfully submi
for
Barbara L. Wevodau, Esq.
Supreme Court ID # 85673
26 E. Main Street
P.O. Box 459
New Bloomfield, PA
(717) 582-8883
VERIFICATION
I verify that the statements made in the attached
D
are true and correct. I understand that false statements herein are
penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities.
Date: 2-;?-, 0
ERIC E. JONES,
Petitioner
V.
ABBY LYNN GINGRICH,
Respondent
IN THE COURT OF COMMON PLEAS
OF THE 41sT JUDICIAL DISTRICT
OF PENNSYLVANIA
PERRY COUNTY BRANCH
CIVIL ACTION - CUSTODY
NO. 2007-6198
CERTIFICATE OF SERVICE
I, BARBARA WEVODAU, ESQUIRE, hereby certify that, on this date, a true
and correct copy of the foregoing Petition for Modification was served upon Eric E.
Jones, Respondent, via first class mail from the United States Post Office in New
Bloomfield, PA to the following address:
Eric E. Jones
607 Good Hope Road
Mechanicsburg, PA 17055
for
-0 a
Date:
Barbara L. Wevodau, Esq.
Supreme Court ID # 85673
26 East Main Street
P.O. Box 459
New Bloomfield, PA 17068
(717) 582-8883
AMERICANS WITH DISABILITIES
ACT OF 1990
The Perry County Branch of the Court of Common Pleas for the 41" Judicial District 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 my 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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ERIC E. JONES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-6198 CIVIL ACTION LAW
ABBY LYNN GINGRICH
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, May 02, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland Country Courthouse, Carlisle on Tuesday, June 03, 2008 at 9:00 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. 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/ ohn .Man an r. Es q.
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
J7 -"*- / A%;?,/
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ERIC E. JONES,
Petitioner
V.
ABBY LYNN GINGRICH,
Respondent
III ?I COURT OF COM LEAS
OF THE 4 DI DISTRICT
OF PE A
COUNTY B CH
CIVIL ACTION - CUSTODY
NO. 2007-6198
MOTION TO WITHDRAW PETITION FOR MODIFICATION
AND NOW, comes Petitioner, ABBY LYNN GINGRICH, pursuant to 1915.1 et.
seq. of the Pennsylvania Rules of Civil Procedure to withdraw her Petition to Modify. In
support thereof, the Petitioner asserts the following:
1. On April 25, 2008, Petitioner filed a Petition to Modify custody.
2. Since the filing of the petition, circumstances have changed.
3. Petitioner does not desire to have modification of custody at this time.
Pennsylvania.
Date: 6-6-091
(Attorney for Pe ioKer + -
Barbara Wevo u, Esq.
Supreme ID #95673
26 East Main Street
P.O. Box 459
New Bloomfield, PA 17068
(717) 582-8883
ERIC E. JONES,
Petitioner : .
V. : .
ABBY LYNN GINGRICH,
Respondent
THE COURT INION PLEAS
OF E 41sT DICIALMDISTRICT
OF PE ANIA
Y COUNT CH
CIVIL ACTION - CUSTODY
NO. 2007-6198
VERIFICATION
I verify that the statements made in the above-reference MOTION TO
WITHDRAW PETITION FOR MODIFICATION 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: 6-6-OF
ERIC E. JONES,
Petitioner
V.
ABBY LYNN GINGRICH,
Respondent
THE COURT OF CO LEAS
O HE 4 ST IAL DISTRICT
O SYLVANIA
ERRY C NCH
CIVIL ACTION - CUSTODY
NO. 2007-6198
CERTIFICATE OF SERVICE
I, BARBARA WEVODAU, ESQUIRE, hereby certify that, on this date, a true
and correct copy of the foregoing Petition for Modification was served upon Eric E.
Jones, Respondent, via first class mail from the United States Post Office in New
Bloomfield, PA to the following address:
Eric E. Jones
607 Good Hope Road
Mechanicsburg, PA 17055
Date: 3'& -Cie,
Barbara L. Wevodau, Esq.
Supreme Court ID # 85673
26 East Main Street
P.O. Box 459
New Bloomfield, PA 17068
(717) 582-8883
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