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Home My WebLink About07-6872 BRIAN E. BANKES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07- G y 7,;?- CIVIL TERM EMILY D. EWING, : CIVIL ACTION - CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Brian E. Bankes, an adult individual whose residence is at 6207 Blue Ridge Avenue, Harrisburg, Cumberland County, Pennsylvania. 2. Defendant is Emily D. Ewing, an adult individual whose residence is at 166 12th Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his child, Bailey Dawn Bankes, born May 28, 2007. 4. The child is presently in the custody primarily of Plaintiff and partially of Defendant. 5. The child has lived at the following addresses: Name Address Dates Bailey Dawn Bankes 16612 1h Street May 28, 2007 to New Cumberland, PA 17070 November 2, 2007 Bailey Dawn Bankes 6207 Blue Ridge Road November 3, 2007 Harrisburg, PA 17112 to present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. 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. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. 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. 11. No other 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the children. 13. 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, Wherefore, Plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the Plaintiff's requests for sole legal custody and physical custody of the child to the Plaintiff. Respectfully Submitted, 11 f lylpl- Date TURO LAW OFFICES 4"11m. Michael M. Jeromins i, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court I.D. No. 92977 VERIFICATION I, Michael M. Jerominski, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. 114 of ?• 7'' Date Michael M. Jerominski, Esquire CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Complaint, by first class, postage pre-paid, certified mail, return receipt, and regualr mail, and depositing same in the United States Mail, on the 14'1, day of NoytMbtr , 2007, from Carlisle, Pennsylvania, addressed as follows: Emily Ewing 166 12t" Street New Cumberland, PA 17070 TURO LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court I.D. No. 92977 ' rnn Tm - Fn ? ' ,> t BRIAN E. BAKES PLAINTIFF IN THE COURT OF CpM M CUMBE ON PLEAS OF V. BLAND COUNTY, PENNSYLVANIA EMILY D. E WING 2007-6872 CIVIL, ACTION LAW DEFF, NDA NT , IN CUSTODY ORDER OF CURT AND NOW, ---_Wednesda it is hereby directed that November 21, 2007 at 4th Floor parties and their respective ' upon consideration ,Cumberland counsel of the attached Complaint for a Pre- Coun Courthouse appear before Hubert , Hearing Custody , Carlisle X• Gilroy Esq, on if this Conference. Thursd the conciliator, cannot be At such conference ay, December 06, 2007 accomplished , an effort Will order. All children age to define and narrow the issues to be be made to resolve the issl at 1-._ ____-1 - Provide five or older heard b es in dis grounds for ent may also be present by the court, and to pate; or entry of a temporary or at the conference. enter into The court permanent order. Failure to appear a temporary hereby directs the at the conference may Special Relief orders ? Parties to and Custody _ furnish any and orders to the all existing protection conciliator 4g hours from Abuse orders, FOR THE prior to scheduled hearing, COURT, By. /s/ Hube Gj&' Es Cus?dy Conciliator with The Court of Common Pleas Disabilites Act of 199 available to of Cumberland Count disabled i 0' For information about accessible s required by law must be made nd'viduals having e facilities and reasonable to conference at least 72 hours g business before the court comply with the Americans or hearing. Prior to any hearin please co mmodations g or business before the Contact our office. YOU rt. All arrangements HAVE AN ATTORNEY TAKE THIS p You must attend the scheduled FORTH BELOW ROR CANNOT APER Tp YOUR ATTORNEY TO FIND OUT AFFORD ONE, RNEY AT ONCE WHERE YOU C NE, GO TO OR TELEPHONE IF YOU Dp AN GET LE HONE THE OFFICE NOT Cumberland LEGAL HELP, CE SET County Bar Association 32 South Bedford Carlisle P Street ennsylvania 17013 Telephone (717) 249-3166 -.w lv?? -?? &rww 71--,04 ,7",4 r ef r - 40, a?,, // --,6e, DEC 2 6 2007 04? BRIAN E. BANKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW EMILY D. EWING, NO. 2007-6872 Defendant IN CUSTODY COURT ORDER 5' AND NOW, this day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Brian E. Bankes, and the mother, Emily D. Ewing, shall enjoy shared legal and shared physical custody of Bailey Dawn Bankes, born May 28, 2007. 2. Physical custody shall be shared on a 50-50 arrangement with the parties alternating custody on a week on/week off basis with exchange of custody on Sunday at 5:00 p.m. 3. The parties shall also share or alternate holidays as they agree to insure that both parents have relatively equal time with the child on major holidays. 4. The parties may modify or alter the above custody schedule as they agree. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify the existing Order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, %k-? Judge cc: Brian E. Bankes Emily D. Ewing iY r-? 2 - 3/-0 7 Michael M. Jerominski, l q ire 4 C b I r°9 it ??r?p41 1.01 WV i E 330 LOOZ 1,tM1Ui wo i % 'K1 ?o [,J- JIU, BRIAN E. BANKES, Plaintiff . v EMILY D. EWING, . Defendant 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 child who is the subject of this litigation is as follows: Bally Dawn Bankes, born May 28, 2007. 2. A Conciliation Conference was held on December 19, 2007, with the following individuals in attendance: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6872 IN CUSTODY The father, Brian E. Bankes, and the mother, Emily D. Ewing. Both parties appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: /a ad 007 Hubert X. Custody C Esquire THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 BRIAN E. BANKES, Plaintiff V. EMILY D.EWING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6872 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff/Petitioner is Brian E. Bankes, hereinafter referred to as Father, residing at 117 Shetland Drive, Hummelstown, Pennsylvania 17036. 2. The Defendant/Respondent is Emily D. Ewing, hereinafter referred to as Mother, residing at 5029 Trindle Road, Apartment 4, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff and Defendant are the biological parents of Bailey Dawn Bankes, born May 28, 2007. 4. Father seeks to Modify the Order dated December 31, 2007, by granting him legal custody and primary physical custody of Bailey. The current Order is attached as exhibit A. 5. Pursuant to the current order, the parties have joint legal custody and a 50/50 shared physical custody of Bailey. 6. Bailey's best interest will be served if Father is given primary physical custody because: A. He has been the primary caretaker for Bailey throughout her life. B. He will place the interest of the Bailey before his own. C. He will provide a more stable home environment. D. He will provide Bailey with a safe and secure home WHEREFORE, Father requests that this honorable court grant him legal and primary physical custody of Bailey. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Brian E. Bankes, hereby certify that the foregoing PETITION TO MODIFY CUSTODY ORDER is 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. Section 4904 relating to unsworn falsification to authorities. DATED: I-1 '?? J X-1 Brian E. Bankes 3 FLED-CiFrUE 2009 DEC I I AM 8: k 7 C'? , ?,vl . IO?? I .12-10-'09 11:10 FRR-I-Turo Law 717-245-2165 T-295 P009/011 F-706 TEC 2 01007 6 BRIAN E. BANKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAMA V EMILY D. EWINC, Defendant : CIVIL ACTION - LAW NO. 2007-6872 IN CUSTODY COURT QRER AND NOW, this 3 s? day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Brian E. Bankes, and the -mother, Emily D. Ewing, shall enjoy shared legal and shared physical custody of Halley Dawn Bankes, born May 28, 2007. 2. Physical custody shall be shared on a 50-50 arrangement with the parties alternating custody on a week on/week off basis with exchange of custody on Sunday at 3:00 P.M. 3. The parties shall also share or alternate hoUdays as they agree to insure that both parents have relatively equal time with the child on mWor holidays. 4. The parties may modify or alter the above custody schedule as they agree. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify the e)Csting Order, that party way petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, '%k-?.." V Judge cc: Brian E. Bankes Emily D. Ewing Michael M..Ierominski, Lgaire ,? BRIAN E. BANKES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EMILY D. EWING DEFENDANT 2007-6872 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 16, 2009 , 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 Monday, January, 18, 2010 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. 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 FILE "t FICE 2009 DEC 16 F 2= 47 JAN 212010 21 BRIAN E. BANKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW EMILY D. EWING, NO. 2007-6872 Defendant IN CUSTODY p CJ i COURT ORDER -° 7 AND NOW, this o? day of January, 2010, upon consideration of t o atWhed_ Custody Conciliation Report, it is ordered and directed as follows: co < 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the day of *-j , 2010, at 7Q . m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY custody Order is entered: A. The father, Brian E. Bankes, and the mother, Emily D. Ewing, shall enjoy shared legal custody of Bailey Dawn Bankes, born May 28, 2007. B. Physical custody shall be handled with the parties sharing physical custody on a 50-50 equal physical custody arrangement. Unless agreed otherwise by the parties themselves, exchange of custody shall be at Friday afternoon when the parent getting custody for that following week shall pick the child up at the daycare provider. Depending upon when that parent gets out of work, the parent can pick the child up earlier on Friday or pick the child up at 5:30 p.m. when the child is ending daycare. r C. Mother's first full week of custody shall commence Friday, January 22, 2010. However, since Mother has not seen the child since Christmas, Mother shall have make-up custody starting on January 19`h and continuing through January 22"d such that Mother has custody January 19' through the following week when Father shall regain custody on Friday, January 29, 2010. 3. In the event legal counsel for the parties believe that a second custody conciliator conference will aid in resolving this case prior to the hearing, counsel for the parties may contact the Conciliator directly to set up another conciliation conference. BY THE COURT, M. L. Ebert, Jr. , Judge cc: Pomas D. Gould Esquire Joseph T. Sucec, Esquire , C_- 7 r - ?-CJN 1;8 mat DO '? r' BRIAN E. BANKES, Plaintiff VS. EMILY D. EWING, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-6872 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Bailey Dawn Bankes, born May 28, 2007 2. A Conciliation Conference was held on January 19, 2010, with the following individuals in attendance: the father, Brian E. Bankes, with his counsel, Thomas D. Gould, Esquire, and the mother, Emily D. Ewing, with her counsel, Joseph T. Sucec, Esquire. 3. The parties were before the Conciliator in December of 2007 at which time there was an agreement on a 50-50 custody arrangement. However, the parties reconciled shortly after the entry of that Order and had been living together until this past December when the parties separated again. Father has had most of the time with the child since separation. 4. Father believes the Mother may have a number of emotional/drug issues. Mother believes the Father himself has a number of issues. The parties were unable to reach an agreement on a permanent Order at the custody conciliation conference. Based upon the information the Conciliator received, the Conciliator did not see any specific basis to direct that one party have primary custody over the other pending a hearing in this case. A hearing will be necessary, and the Conciliator recommends an Order in the form as attached. Date: Januarys-S , 2010 Hubert X. Gilro , squire Custody Conci iator BRIAN E. BANKES, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EMILY D. EWING, j?°' DEFENDANT NO. 07-%i?IVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of April, 2010, upon consideration of the information received from counsel that this matter is currently set for a conciliation conference with Hubert X. Gilroy, Esquire, on April 28, 2010, IT IS HEREBY ORDERED AND DIRECTED that the hearing currently scheduled for Friday, April 16, 2010 at 9:00 a.m. is CANCELLED. Thomas D. Gould, Esquire Joseph T. Sucec, Esquire bas (26 . ?t t L' . p CS r" ?11'q /16 7r-Y) M. L. Ebert, Jr., (7) .r_ x F-3 T By the Court, a APR 3 0 2010 BRIAN E. BANKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW EMILY D. EWING, NO. 2007-6872 0 Defendant : IN CUSTODY COURT ORDER -d AND NOW, this day of , 2010, upon consideration oft a attache Custody Conciliation Report, it is ordered and directed that the prior Order of Court issued in this case is vacated and replaced with the following Order: The father, Brian E. Bankes, and the mother, Emily D. Ewing, shall enjoy shared legal custody and shared physical custody of Bailey Dawn Bankes, born May 28, 2007. 2. For purposes of exchange of physical custody and unless agreed otherwise by the parties themselves, exchange of custody shall be on Friday when the parent getting custody for the following week shall pick the child up at the daycare provider. Depending upon when that parent gets off of work, that parent can pick the child up earlier on Friday or pick the child up at 5:30 p.m. when the child is ending daycare. 3. The parties shall share or alternate major holidays as they agree. However, a default agreement between the parties with respect to Christmas, the child's birthday on May 28 and Thanksgiving will be that the parties will alternate those holidays if they cannot agree. Unless agreed otherwise by the parties, the father shall have the child's birthday in 2010, the mother shall have Thanksgiving in 2010 and the father shall have Christmas Day in 2010 with those holidays alternated the following years. However, nothing in this Order shall prohibit the parties from reaching an agreement to share or otherwise handle the holiday visitation. 4. This Order is entered pursuant to an agreement of the parties. In the event the parties desire to modify this Order at any point in the future, either party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, M. L. Ebert, Jr. , Judge cc. mas D. Gould Esquire Tiro /Joseph T. Sucec, Esquire r. Brian E. Bankes 12, 1V S rn'-MLqcl, i,? l Ar BRIAN E. BANKES, Plaintiff VS. EMILY D. EWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6872 IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bailey Dawn Bankes, born May 28, 2007 2. A Conciliation Conference was held on April 28, 2010, with the following individuals in attendance: The father, Brian E. Bankes, who appeared without counsel, and the mother, Emily D. Ewing, with her counsel, Joseph T. Sucec, Esquire. 3. This case was originally scheduled for a hearing before Judge Ebert in early April, 2010. Shortly before the hearing, the parties advised the Court that they wanted to cancel the hearing and go back to the Custody Conciliator for another conference. Father appeared at the conference without legal counsel and suggested that he had advised his attorney that he no longer wanted his services. 4. The parties at the Custody Conciliation agreed to an Order in the form as attached. Date: Aprild ? '2010 I4ubert X. Gilr y, Esquire Custody Co 1liator