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HomeMy WebLinkAbout09-5418ROCHELLE L. ROLLINGS, Plaintiff V. ERIC T. BURLISON, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. 0 COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Rochelle L. Rollings, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint for Custody, in which she avers that: 1. Plaintiff, Rochelle L. Rollings, is an adult individual residing at 1840 Red Spruce Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Eric T. Burlison, is an adult individual residing at 805 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. child: Name Date of Birth Jacob R. Burlison 09/30/2008 The Child was born out of wedlock. Residence Mother The Child is presently in the custody of his mother, Rochelle L. Rollings, the Plaintiff herein, who resides at 1840 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050. 4. During the past five years, the child has resided at the following addresses with the individuals indicated: Plaintiff seeks primary physical and joint legal custody of the following t Persons living with children Address Dates Mother 1840 Red Spruce Lane birth to present Mechanicsburg, PA 17050 * Mother lives with her mother and step-father, Don and Regina Haubert and her brother Richard Rollings. 5. Plaintiff is the Mother of the child and she currently resides with the child at 1840 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050. She is single. 6. Defendant is the Father of the child and currently resides with his Father, Jack Burlison, at 805 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055. He is married. 7. The relationship of plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Jacob R. Burlison Relationship Son with Defendant Don and Regina Haubert Richard Rollings Mother and Step-father Brother 8. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons: Name Jack Burlison Relationship Father 9. 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. 2 Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has been the child's primary care taker and sole provider since birth. 11. 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, Plaintiff requests that the Court grant her primary physical custody and primary legal custody of the parties' minor child. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 Respectfully submitted, VERIFICATION I, Rochelle L. Rollings, hereby verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: Rochelle L. Rollings V '?n") ,,;(I _? 9: 51 c12, 1 ,f bl 'k?L a f P I :I- ROCHELLE L. ROLLINGS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC T. BURLISON DEFENDANT 2009-5418 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 2009 _, 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 Thursday, September 03, 2009 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. 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/ 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 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 I y L J ' 2-0 t;^Q. A J +? 1 2 7'r i 2_: I; , r; Sheriffs Office of Cumberland County R Thomas Kline Sheriff' Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Q IV ct ?u?ri6rfi? ?d OFF9CE SHERIFF 2009 AUG 25 APB (0: 06 PEPI IIYi tirA Rochelle L. Rollings vs. Eric T. Burlison Case Number 2009-5418 SHERIFF'S RETURN OF SERVICE 08/12/2009 03:44 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2009 at 1544 hours, he served a true copy of the within Order of Court and Complaint for Custody, upon the within named defendant, to wit: Eric T. Burlison, by making known unto himself personally, defendant at 805 Old Silver Spring Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, 00" August 13, 2009 R THOMAS KLINE, SHERIFF eputy Sheriff SEP 17 2009 y ROCHELLE L. ROLLINGS, Plaintiff V. ERIC T. BURLISON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5418 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this Z I `- day of , 2009, upon jtg consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Rochelle L. Rollings and the Father, Eric T. Burlison, shall have shared legal custody of Jacob R. Burlison, born September 30, 2008. 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 23 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Every Monday and Wednesday from 3:00 p.m. to when Mother gets off from work. B. Alternating weekends, beginning September 25, 2009, from Friday 3:00 p.m. to Saturday at 3:00 p.m. or some other 24 hour period Friday to Saturday that the parties agree upon.. This time may increase to two overnights, or 48 hours, if both parties agree, sometime after January 2010. C. Such other times as the parties can agree. 4. Thanksgiving shall be shared such that Father shall always have physical custody of the child from Wednesday at 3:00 p.m. until Thursday at 2:00 p.m. and Mother shall have physical custody of the child from 2:00 p.m. 9:00 p.m. 5. Christmas shall be divided into two Blocks and alternated. Block A shall be from12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. The parties shall agree as to which parent gets Block A in 2009 and alternate thereafter. 6. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall have a block of time with the child on the child's birthday. 8. Each party shall have one full week of physical custody of the child during the year, provided they give the other party 30 days prior notice. 9. Father shall always have physical custody of the child on Memorial Day and Mother shall always have physical custody of the child on Labor Day, both from 9:00 a.m. to 9:00 p.m. 10. Transportation shall be shared such that the receiving party shall transport. 11. In the event that either party is in need of a babysitter for more than 2 hours, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 12. Neither party may consume alcohol to the point of intoxication, nor use illegal drugs immediately before or during their period of physical custody. 13. The parties shall have reasonable telephone contact with the child. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc.,,Pffzabeth S. Beckley, Esquire, Counsel ? Eric T. Burlison, pro se 805 Old Silver Spring Road, Mechanicsburg, PA 17055 CoPt'" m'aLLC. a. I09 BY THE COURT, ROCHELLE L. ROLLINGS, Plaintiff V. ERIC T. BURLISON, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5418 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 CUSTODY OF Jacob R. Burlison September 30, 2008 Mother 2. A Conciliation Conference was held in this matter on September 17, 2009, with the following in attendance: The Mother, Rochelle L. Rollings, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Eric T. Burlison, pro se. 3. The parties agreed to an Order in the form as attached. V Date acqu ine M. Verney, Esquire Custody Conciliator OF TNC t' i 2€09 SEP 22 Via` . 26 l.rl1? ??" ,. f'a 3 ... ? 41,E •; _; ?-?