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HomeMy WebLinkAbout03-6148LORI HOCKENBERRY, Petitioner VIRGIL EUBANKS, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CML TERM : CML ACTION - LAW : : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Petitioner, Lori Hockenberry, by and through her attorney, William T. Tully, Esquire, and files the following Complaint for Custody and avers as follows: 1. The Petitioner is Lori Hockenberty, who resides at 8 Fairfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Respondent is Virgil Eubanks, whose last known address is 3208 Birch Tree Lane, Silver Spring, Maryland 20906. 3. Petitioner seeks custody of the following child(ren): Victor Ten'ell Isaiah Eubanks, bom June 19, 2003. 4. The child was bom out of wedlock. 5. The child is presently in the custody of Petitioner and resides at 8 Fairfield Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. The child has resided with Petitioner and a stepsister, Taylor Goodjoin, at 8 Fairfield Lane, Mechanicsburg, Pennsylvania since his birth on June 19, 2003. 7. Petitioner of the child is currently single. 8. Respondent of the child is currently single. 9. TherelationshipofPetitionertothechildisthatofMother. ThePetifionercurrentlyresideswith the following persons: Taylor Goodjoin, Petitioner's daughter. 10. The relationship of Respondent to the child is that of Father. The Respondent currently resides with his parents in Maryland. 11. Petitioner has not participated as a patty or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Petitioner has no information o fa custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Petitioner does not know ora person not aparty to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14, Petitioner believes and therefore avers that it is in the best interest of the child to grant the relief requested because she is the natural mother of the child and she is capable of caring for the well being of the child. WHEREFORE, Petitioner prays this Court to grant her custody of the child. Respeet fully Submitted, William T. Tully, Esq. 3964 Lexington Street, Suite B Harrisburg, PA 17109 (717) 540-6833 I.D. #36410 VERIFICATION I verify that the statements made in the foregoing document 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. Date: LORI HOCKENBERRY, Plaintiff VIRGIL EUBANKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CML TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Tammy L. Kelly, hereby certify that on this date, a true and correct copy of the foregoing document was forwarded to the Cumberland County Sherifffor service upon all interested parties listed below by hand delivery at the Cumberland County Domestic Relations Office on December 1,2003 at 10:30 a.m.: VIA SHERIFF'S SERVICE Virgil Eubanks cumberlan~d~ -County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Tammy L. Kelly LORI HOCKENBERRY, Petitioner VIRGIL EUBANKS, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Petitioner, Loft Hockenberry, by and through her attorney, William T. Tully, Esquire, and files the following Complaint for Custody and avers as follows: 1. The Petitioner is Lori Hockenberry, who resides at 8 Fairfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Respondent is Virgil Eubanks, whose last known address is 3208 Birch Tree Lane, Silver Spring, Maryland 20906. 3. Petitioner seeks custody of the following child(ren): Victor Terrell Isaiah Eubanks, bom Sune 19, 2003. 4. The child was bom out of wedlock. 5. The child is presently in the custody of Petitioner and resides at 8 Fairfield Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. The child has resided with Petitioner and a stepsister, Taylor Goodjoin, at 8 Fairfield Lane, Mechanicsburg, Pennsylvania since his birth on June 19, 2003. 7. Petitioner of the child is currently single. 8. Respondent of the child is currently single. 9. The relationship of Petitioner to the child is that of Mother. The Petitioner currently resides with the following persons: Taylor Goodjoin, Petitioner's daughter. 10. The relationship of Respondent to the child is that of Father. The Respondent currently resides with his parents in Maryland. 11. Petitioner 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. 12. Petitioner has no information of a custody proceeding concerning the child pend'mg in a court of this Commonwealth or any other state. 13. Petitioner 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. 14. Petitioner believes and therefore avers that it is in the best interest of the child to grant the relief requested because she is the natural mother of the child and she is capable of caring for the well being of the child. WHEREFORE, Petitioner prays this Court to grant her custody of the child. Respectfully Submitted, William T. Tully, Esq. 3964 Lexington Street, Suite B Harrisburg, PA 17109 (717) 540-6833 I.D. #36410 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: LORI HOCKENBERRY, Plaintiff VIRGIL EUBANKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CML ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Tammy L. Kelly, hereby certify that on this date, a true and correct copy of the foregoing document was forwarded to the Cumberland County Sheriff for service upon all interested parties listed below by hand delivery at the Cumberland County Domestic Relations Office on December 1,2003 at 10:30 a.m.: VIA SHERIFF'S SERVICE Virgil Eubanks Cumberlan.d. -County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Tammy L. Kelly LORI HOCKENBERRY PLAINTIFF V. VIRGIL EUBANKS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'FY, PENNSYLVANIA 03-6148 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 06, 2004 at 1:00 PM 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: /s/ Melissa P. Greevy, 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 ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPItONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Penn sylvania 17013 Telephone (717) 249-3166 SHERIFF'S RETURN CASE NO: 2003-06148 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOCKENBERRY LORI VS. EUBANKS VIRGIL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDkNT ,EUBANKS VIRGIL prepaid, 3208 BIRCH TREE LJLNE SILVER SPRING, MD 20906 and attested copy of the attached COMPLAINT - CUSTODY with by United States Certified Mail postage on the 25th day of November ,2003 at 0000:00 HOURS, at receipt card was signed by oo/oo/oooo "UNCLAIMED" Additional Comments: ENVELOPE WAS RETURNED TO SHERIFF AS , a true Together The returned on Additional Comments Sheriff's Costs: Docketing 18.00 Service 4.65 Affidavit .00 Surcharge 10.00 .00 32.65 Sheriff Of Cumberland County Paid by WILLIAM TULLY Sworn and subscrJ~d to before me this ~14~ day of~7 on 01/14/2004 o~_m.m LORI HOCKENBERRY, Plaintiff V. VIRGIL EUBANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6148 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY Defendant : CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pei'tinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Victor Terrell Isaiah Eubanks June 19, 2003 Mother 2. The parties' first Custody Conciliation Conference was held on January 26, 2004 following Mother's filing for primary custody on November 24, 2003. Present for the conference were: the Mother, Lori Hockenberry, and her counsel, William T. Tully, Esquire; the Father, Virgil Eubanks, participated by telephone, pro se. 3. The parties reached an agreement in the form of an Order as attached. Father provided a mailing address where we could send his copy of the Order in care of his Mother[/~[~)(_/in Silver Spring, Maryland. ~~.,~ ] ~-'~~-)~ Date Melissa Peel Greevy, Esquire Custody Conciliator :223559 LORIHOCKENBERRY, Plaintiff V. : : VIRGIL EUBANKS, : : Defendant JAN 2 9 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6148 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~,'t~ day of ~'~., 2004, upon consideration of the attached Custody Conciliation Summary Report, it is0hereby ordered and directed as follows: 1. Leqal Custody. The parties, Lori Hockenberry and Virgil Eubanks, shall have shared legal custody of the minor child, Victor Terrell Isaiah Eubanks, bom June 19, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as the parties may agree. 3. Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. Dist: · 'a T. Tully, Esquire, 3964 Lexington Street, Suite B, Harrisburg, PA 17109 Virgil Eubanks, 3208 Birch Tree Lane, Silver Spring, MD 20906-3040 LORI HOCKENBERRY, : : Plaintiff : : Vo VIRGIL EUBANKS, : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6148 CIVIL TERM CiVil ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Victor Terrell Isaiah Eubanks June 19, 2003 Mother 2. The parties' first Custody Conciliation Conference was held on January 26, 2004 following Mother's filing for primary custody on November 24, 2003. Present for the conference were: the Mother, Lod Hockenberry, and her counsel, William T. Tully, Esquire; the Father, Virgil Eubanks, participated by telephone, pro se. 3. The parties reached an agreement in the form of an Order as attached. Father provided a mailing address where we could send his copy of the Order in care of his Mother in Silver Spring, Maryland. Date Melissa Peel Greevy, Esquire Custody Conciliator :223559