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Home My WebLink About04-02851N THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. RUBY, SR., Plaintiff REBECCA ANN RUBY, Defendant CIVIL ACTION-LAW NO. 2004- ~y~ ~q'/ IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a ~vritten appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and aj udgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO S OFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. RUBY, SR., Plaintiff REBECCA ANN RUBY, Defendant CiVIL ACTION- LAW NO. 2004- IN CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this~_~day of January, 2004, comes Plaintiff, Scott A. Ruby, Sr., by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The Plaintiff is Scott A. Ruby, Sr., who resides at 469 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rebecca Ann Ruby, who resides at 530 Mountain Road, Denver, Pennsylvania 17517. 3. The Plaintiff seeks primary custody and visitation of the following child: Name Present Residence Age D/O/B Scott Alan Ruby, Jr. 469 Sherwood Drive 5 5/27/98 Carlisle, Pennsylvania 17013 The child was not bom out of wedlock. The child is presently in the physical custody of the Plaintiff. In addition to the child's present address, during the past five years, the child has resided with either Plaintiffor Defendant at the following addresses: Main Street, Ephrata, Pennsylvania, and 27 West Main Street, Adamstown, Pennsylvania. The mother of the child is the Defendant who resides at 530 Mountain Road, Denver Pennsylvania 17517. The father of the child is the Plaintiff who resides at 469 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the minor child, Scott Alan Ruby, Jr. and Plaintift's stepfather, Ronald Russell and Plaintiff's mother, Bonnie Russell. 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with her boyfriend whose name is Scott Bahney. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information ora custody proceeding concerning the custody of the child in this or any other court. The Plaintiff 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. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody of the child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiffcontinues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides a more stable home environment. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiff Scott A. Ruby, Sr. primary physical custody and shared legal custody of Scott Alan Ruby, Jr. Respectfully submitted, HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION 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.A. Section 4904 relating to unsworn falsification to authorities. SCOTT A. RUBY, SR. : PLAINTIFF : : V. REBECCA ANN RUBY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-285 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February 23, 2004 at 9:30 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 TIlE COURT, By: /s/ Jacqueline M. Verney. 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE 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 SCOTT A. RUBY, SR., : Plaintiff : V. : .- REBECCA ANN RUBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-0285 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of February, 2004, upon consideration of Plaintiff's complaint for custody in the above-captioned matter, and following a consultation on February 9, 2004, by the undersigned and the Honorable David R. Workman, Judge of the Court of Common Pleas of Lancaster County, where a custody complaint is also pending, and it appearing that Lancaster County is the proper forum for this litigation, Plaintiff's complaint is dismissed and the parties are rel~rred to Lancaster County for resolution of their custody dispute. BY THE COURT, The Honorable David R. Workman ~/fi7~7, esley Oler, Jr., Lancaster County Court of Common Pleas Lancaster County Court House 50 N. Duke Street Lancaster, PA 17602 Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Custody Conciliator I S :g ,~J 01 fJ]J hO0~ Sean M. Shultz, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Plaintiff Rebecca Ann Ruby 530 Mountain Road Denver, PA 17517 Defendant, Pro Se FEB 00t SCOTT A. RUBY, SR., Plaintiff V. REBECCA ANN RUBY, De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-285 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 11t~ day of February, 2004, the Conciliator being notified that the matter would be transferred to Lancaster County, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, · e y Conciliator