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HomeMy WebLinkAbout09-4517RICHARD A. ESER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MIRANDA M. EBOCH, Defendant. : NO. Q 9 `f S CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Richard A. Eser, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Richard A. Eser, residing at 229 Wolf Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff exercises custody at 300 Waterstreet, Landisburg, Perry County, Pennsylvania 17040. 2. The defendant is Miranda M. Eboch, residing at 12 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared physical and shared legal custody of Name Present Residence Age A Maeson Allen Eser 12 Kerrs Ave, Carlisle, PA 17013 19 m.o. (dob 12/19/07) The child was born out of wedlock. The child is presently in the custody of Miranda M. Eboch, who resides at 12 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Miranda M. Eboch 12 Kerrs Avenue, Carlisle, PA 17013. The mother of the child is Miranda M. Eboch. She is single. The father of the child is Richard A. Eser. Dates 12/19/07-present He is single. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides at 229 Wolf Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013 with the following persons: Name Shirley Eser Tiffany Flynn Jennifer Flynn Relationship Plaintiffs mother Plaintiffs sister Plaintiffs sister 5. Plaintiff exercises his periods of custody at 300 Waterstreet, Landisburg, Perry County, Pennsylvania 17040. The following persons reside at this address: Name Alicia Gardner Patrick Gardner Alexis Gardner Devon Gardner Relationship Plaintiff s sister Plaintiff s brother-in-law Plaintiff s s niece Plaintiff s nephew 6. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Maeson Eser Relationship Parties' son 7. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. A custody provision was entered in a Protection From Abuse action docketed at 2009-1374. The final court order in the Protection From Abuse action was entered by the Honorable Judge Kevin A. Hess on March 12, 2009. 8. Plaintiff has no information of a custody proceeding concerning the child pending any court of this Commonwealth or any other state. 9. 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. 10. Plaintiff represents that an Order of Court was entered in a Protection From Abuse action docketed at 2009-1374 which contained a custody provision for the child. A copy of that order is attached hereto as Exhibit A. 11. Under the existing Order of Court: a. Miranda M. Eboch has primary physical custody. b. Richard A. Eser has periods of visitation as agreed upon by the parties. c. Non-harassing, non-threatening telephone contact between the parties regarding custody and/or visitation shall not be deemed a violation of the Protection From Abuse order. d. Custody exchanges will be facilitated by Richard A. Eser's sister, Tiffany Flynn. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff will provide the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs while he exercises his periods of custody; b. Plaintiff has established a relationship with the child and wishes to continue building upon that relationship; c. Plaintiff is willing to accept custody of the child for extended periods of time. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and shared physical custody of the child. Date- Re ectfully submitted, Adam Britcher Certified Legal Intern J/U*V THOMA M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. § 4904 relating to unsworn falsification to authorities. 9 ?/'- 710 RICHARD A. ESER 0 F a3 y 9 ? FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Extended Order ? Amended Order O. 2009 - 1374 1. PLAINTIFF Miranda Mae Eboeh -10117/1984 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor children and DOB. Miranda Mae Eboch 10/17/1 V. First Middle Defendant's Address: 229 Wolfs Bridge Road Carlisle PA 17013 CAUTION: Weapon Involved a Weapon Present on the Property O Weapon Ordered Relinquished Last Suffix DEFENDANT I DENTIFIERS DOB 3/27/1987 HEIGHT S R 6 m. SEX Male WEIGHT 140 RACE White EYES Green HAIR Bloods or Strawberry. SSN 20546-0060 DRIVERS LICENSE I EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: a Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. © Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. © Additional findings of this order are set forth below. Order Effective Date March 12, 2009 Order Expiration Date March 12, 2011 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FIVE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. 16114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMCf, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFFS CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 I's.C.S.A. § 6108(9). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 12265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRA41NAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY ANUUM TION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. 1922(9)(8). Plaintiff or Protected Person(s) is/are: [ ] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ) sibling (person who shares parenthood) of Defendant Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Jessica C. D. Holst, Esquire Defendant appeared personally and is represented by: Megan M. Riesmeyer, Esquire AND NOW, this 12th Day of March, 2009 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 12 Kerrs Ave Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except as provided in Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. Temporary custody of the minor children: 1. Maeson Allen Eser shall be as follows: Primary physical custody of the minor children is awarded to Plaintiff.: Defendant shall have the following partial physical custody/visitation rights: Defendant shall have periods of visitation agreed upon by the parties. - Non-harassing, non-threatening telephone contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. - Custody exchanges will be facilitated Defendant's sister, Tiffany Flynn. 6. The following additional relief is granted as authorized by §6108 of the Act: - Defendant shall not damage, destroy or dispose of in any manner any property that is jointly owned by the parties or solely by the Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police Department Mt Holly Springs Borough Police Department HACC Security Department 8. All provisions of this order shall expire in 2 years on March 12, 2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT /h&,A 11 Z•e 7 Date K17 .Hess, Judge Entered pursuant to the consent of Plaintiff and Defendant: ???A,, J oq Miranda Mae Eboch, Date Richard Allen Eser, ate Plaintiff Defendant f r ? Jessi C. Holst Date MeM. Riesmeyer Attorney for Plaintiff Attorney for Defendant MidPenn Legal Services Family Law Clinic 401 East Louther Street 45 North Pitt Street Carlisle PA 17013 Carlisle, PA 17013 Distribution to: MidPenn Legal Services, Attorney for Plaintiff Megan M. Riesmeyer, Attorney for Defendant Faxed & Mailed to PSP Carl "Ude-g-ci -avrCL-16 ?? FILE`rl-.P, " t OF TF1? 'APv d 2009 JJ -7 PH i. 5 -L7 r- P RICHARD A. ESER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MIRANDA M. EBOCH, Defendant :NO. 09- V51' CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow RICHARD A. ESER, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 2 h/D MEGAN ESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 Certified Legal Intern F1LEC? -C: CE OF T PE `OTARY 2009 JUL -7 P 3: 55 1 ?. RICHARD A. ESER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MIRANDA M. EBOCH DEFENDANT 2009-4517 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 09, 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 Thursday, August 13, 2009 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. Gilro Es . 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 , 'OF Tt rr RICHARD A. ESER, Plaintiff V. MIRANDA M. EBOCH, Defendant. To The Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 09-4517 CIVIL TERM PRAECIPE TO WITHDRAW Please withdraw the Custody Complaint at the above-captioned docket, which was filed on behalf of Richard Eser by the Family Law Clinic Date: "V 4- M-tv"t- THOM&(S M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Certified Legal Intern { ...? ?i., y ?? , ? , ? ? 1' a ??. 1 i }•kr