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HomeMy WebLinkAbout07-6733e r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM EBAUGH, Plaintiff No. 2007 - &12.3 v CIVIL ACTION - LAW DENISE BARRICK, Defendant CUSTODY (?".k'--7? COMPLAINT FOR CUSTODY 1. The Plaintiff is William Ebaugh, currently residing at 31 Sheraton Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Denise Barrick, currently residing 343 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of Dominick William Ebaugh, (DOB 01/30/04), currently residing at 343 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 4. The child was not born during a marriage. The child is presently in the custody of Denise Barrick, currently residing at 343 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: William Ebaugh and Denise Barrick Bradley Drive, Pheasant Run Condos, Carlisle, Pa 01/04 - 07/04 William Ebaugh and Denise Barrick 343 West Ridge Street, Carlisle, Pa 07/04 - 10/13/06 Denise Barrick and Arnie Ashwell 343 West Ridge Street, Carlisle, Pa 10/13/06 - present The mother of the child is Denise Barrick, currently residing at currently residing at 343 West Ridge Street, Carlisle, Pa.. She is not married. The father of the children is William Ebaugh. He is not married. 5. The relationship of the Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Elaine Hellen, mother of Plaintiff; David Hellen, step-father of Plaintiff. 6. The relationship of the Defendant to the child is that of mother. Defendant currently resides with the following persons: unknown. 7. 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 knows of the following persons not a party to the proceedings who have claims to have custody or visitation rights with respect to the child: none. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is capable of, and has been, providing for the child's daily physical, social, emotional, and medical needs, and will ensure the child maintains a close relationship with Defendant. 9. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendancy of this action and the right to intervene: None. Page 2 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting him primary physical custody of the child. Respectfully submitted, Neuharth Law Offices Suzann S encer A 1, Esquire Id. No. 2443 Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 Phone: (717) 264-2939 Fax: (717) 263-2928 Page 3 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM EBAUGH, Plaintiff v DENISE BARRICK, Defendant VERIFICATION No. 2007 - CIVIL ACTION - LAW CUSTODY I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to authorities. Date: v William a ' Ebaugh r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM EBAUGH, Plaintiff No. 2007 - v CIVIL ACTION - LAW DENISE BARRICK, Defendant CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Custody, I am this day serving a copy of same via certified, return receipt requested, First Class U.S. Mail, to the following Defendant: Denise Barrick 343 West Ridge Street Carlisle, PA 17013 Date: r f111;;n 0 n4fin.? XL-Au" a V, zanne p ncer Abel uharth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 CA Cyr a a?v 0 Y?t Ti V Y WILLIAM EBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6733 CIVIL ACTION LAW DENISE BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 09, 2007 , 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, December 14, 2007 at 8:30 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 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/ Hubert X. Gilroy, 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 A4v -M C0- C/ - !l KLNnco s-Ano LZ :? Wd E I AQN LODZ 30 L-140,0311A DEC E 6 2007 WILLIAM EBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DENISE BARRICK, NO. 2007-6733 Defendant IN CUSTODY COURT ORDER AND NOW, this day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 2. 3 The mother, Denise Barrick, and the father, William Ebaugh, shall enjoy shared legal custody of Dominick William Ebaugh, born January 30, 2004. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy liberal periods of temporary physical custody of the minor child, including the following: a. On alternating weekends from Friday at 7:00 p.m. until Sunday at 3:00 p.m. b. On the weekend that Father does not have custody, he shall have custody from 10:00 a.m. until 6:00 p.m. on Sunday. C. Immediately proceeding Father's weekend period of custody, Father shall have custody of the minor child from Wednesday at 5:00 p.m. until Friday at 9:00 a.m. d. On the week proceeding the weekend where Mother has custody, Father shall have custody from Thursday at 5:00 p.m. until Friday at 9:00 a.m. e. At such other times as agreed upon by the parties. f. The parties shall implement a right of first refusal with respect to the custody arrangements such that the non-custodial parent shall be contacted in the event the custodial parent is unable to provide care for the minor child for three hours or more. The custodial parent in that circumstance shall offer the non-custodial parent the opportunity to provide care in that circumstance with no obligation being imposed on the non-custodial parent to provide care. If a parent knows in advance that he or she will not be available to care for the child during a time of their scheduled custody, they should notify the other parent and tender the right of first refusal as soon as they are aware that they will not be in a position to provide custody. 4. For Christmas 2007, Father shall have custody of the minor child from 4:30 p.m. or at the time he gets off work on Christmas Eve until 10:00 p.m. when Father shall deliver the minor child to Mother. Mother shall deliver the minor child to Father at 10:00 a.m. on Christmas Day and Father shall have custody of the minor child until 9:00 a.m. on December 26. Subject to modification depending upon Mother's work schedule, future Christmases for the following years shall be on an alternating basis with, correspondingly, Mother to have Christmas Eve through Christmas morning in 2008, and the parties alternating thereafter. The Christmas schedule shall be subject to review on a yearly basis depending upon the respective parties' work schedule. 5. The other major holidays shall be alternating between the parties subject to Mother's work schedule. Where Mother is working, that holiday shall be a time when Father enjoys custody of the child. When Mother is not working, she shall enjoy custody of the minor child. 6. For Halloween, the parties shall alternate the Halloween Holiday in the evening so that each parent on alternate years has the opportunity to take the child out for trick-or-treat. Recognizing that Mother had Halloween for 2007, Father shall have Halloween in 2008, with the parties alternating thereafter. 7. For the exchange of transportation, the non-custodial parent shall pickup the child at the other parent's home unless agreed otherwise by the parties. 8. The parties may modify this custody schedule as they agree. Absent an agreement, this schedule shall control. In the event either party desires to modify this schedule, that party may petition the Court to have the case again scheduled with the Conciliator for conference. THE COURT , Judge cc: Suzanne Spencer Abel, Esquire ep F.S eKo47 Le Robert J. Dailey, Esquire p ?a?os ?i? t'T;'vt???, ?!aci ?B Z- ? Utz ?? 0 WILLIAM EBAUGH, Plaintiff v DENISE BARRICK, Defendant IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6733 IN CUSTODY 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dominick William Ebaugh, born January 30, 2004 2. A Conciliation Conference was held on December 14, 2007, with the following individuals in attendance: The mother, Denise Barrick, with her counsel, Robert J. Dailey, Esquire, and the father, William Ebaugh, with his counsel, Suzanne Spencer Abel, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: i av (- " ?1Z 2 & Hubert X. Gilroy, Es ire Custody Concili r