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Home My WebLink About06-3237 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Larry R. Woodal, Jr., v. CUSTODY/VISITATION Ellen M. Evelhoch, Defendant NO. 01- -.]).;31 Clu',l ~~ COMPLAINT FOR CUSTODY 1. The Plaintiff is Larry R. Woodal, Jr., hereinafter also referred to as Father, residing at 390 East Washington Street, Chambersburg, Franklin County, Pennsylvania, 17201. 2. The Defendant is Ellen M. Evelhoch, hereinafter also referred to as Mother, residing at 151 Beechwood Lane, Newville, Cumberland County, Pennsylvania. 3. Father seeks custody of the following child: Name Present Residence Age TabithaL. Woodal D.OR 5/18/00 151 Beechwood Lane Newville, P A 6 4. The child was born out of wedlock. The child is presently residing with Mother at 151 Beechwood Lane, Newville, Franklin County, Pennsylvania. 5. During the past five years, the child has resided with the following persons at the following addresses: ADDRESS DATES RESIDED WITH: 3 rd Street Chambersburg, P A Date of Birth 2001 Mother Father Various addresses as set forth below 2001 - 8/05 Various persons as set forth below 1282 Courtney Drive Chamberburg, P A 9/02 - 11/02 Father Paternal Grandparents 63 Big Spring Terrace Newville, PA 11/02 - 5/03 Mother Maternal Grandparents Franklin County 5/03 - 5/04 Mother 4387 Gitner Road Chambersburg, P A 5/04 - 12/04 Mother Father 63 Big Spring Terrace Newville, PA 12/04 10/04 Mother Maternal Grandparents Lancaster 10/04 - 8/05 Mother Reading 10/04 8/05 Mother 151 Beechwood Lane Chambersburg, P A 8/05 - Present Mother The above addresses and dates are believed to be correct based on information received from relatives, the rninor child and other third parties, Father does not have direct information concerning said addresses, dates and times as Mother kept herself hidden and did not provide Father with her location from August, 2004 to the present, 6. The mother of the child is Ellen M. EveIhoch. Her address is 151 Beechwood Lane, Newville, Pennsylvania 17201. She is single. 7. The father of the child is Larry R. Woodal, Jr, His address is 390 East Washington Street, Chambersburg, Franklin County, Pennsylvania 17201. He is single. 8. Plaintiff resides with the following persons: Patty Suders Harold Minor Significant Other Friend 9. Defendant currently resides with the following persons: Harold "Last Name Unknown" Significant Other Tabitha Woodal Daughter Gloria EveIhoch Daughter 10. Plaintiff has not participated as a party in other litigation concerning the custody of this child in this court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. II. The best interest and permanent welfare of the child will be served by granting the relief requested because: 1. Father has been the shared or partial custodian of the minor child since birth until Mother began preventing Father from exercising time with his daughter. 2. Father has developed a good relationship with the minor child despite having been prevented from seeing the child for short periods of time. 3. Mother has repeatedly moved and has refused to inform Father where she was residing or giving Father her telephone number in order to exercise custody periods. 4. When Father is able to speak to his daughter on the telephone, she has repeatedly requested that she be allowed to stay with Father. 5. Father resides in a single family home with three bedrooms. Fathers home is more than adequate for the care of the minor child. 6. Father is not familiar with Mothers home. 7. The minor child will be starting 1st grade at Newville Elementary School in the Fall of 2006. 8. Mother routinely discusses adult issues in front of the child and addresses Father in a derogatory manner when the child is present. 9. Father is concerned that without court intervention, Mother will again move and prevent Father from having contact with the child. For all the above reasons, primary custody of Tabitha Woodal with Father is in the child's best interest and welfare. 12. Carol A, Redding, Esquire, believes and therefore avers, based on information received, that the Defendant has not been represented in custody matters in the past. Notice of this filing and a true and attested copy of the Complaint for Modification of Custody has been provided to the Defendant at 151 Beechwood Lane, Newville, Pennsylvania on June 6, 2006 by First Class U,S. Mail, Postage Paid. 13, Each parent whose parental rights to the child has not been tenninated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody to the parties and primary physical custody of the minor child to the Plaintiff with final terms to be agreed upon between the parties or by further Order of Court. Respectfully Submitted, t/ln~ Q ~d~ Carol A. Redding, Esquire Attorney No. 82041 Attorney for Plaintiff Larry R. W oodal, Jr. VERIFICATION I verifY that the statements set forth 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. 4904 relating to unsworn falsification to authorities. DATE: c,' -C -t7C, ~~(p~~ Lany R. Woodal, Jr. Larry R. Woodal, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CIVIL ACTION - LAW v. CUSTODY /VISITATION Ellen M. Evelhoch, Defendant NO. CERTIFICATE OF SERVICE I, Carol A. Redding, Esquire, hereby certifY that on June 6, 2006, I served a true and correct copy of the foregoing Complaint for Custody and Proposed Corresponding Orders, by first class maiL postage pre-paid, on Counsel for Defendant, to the following address: Ellen M. Evelhoch 151 Beechwood Lane Newville, P A 17251 {lfVloJ! () /2,~~ Carol A. Redding, Esquire Counsel for Plaintiff LarryR. Woodal, Jr. 0 -i4 - " - ).J . 0 ~ () - ~ ~ ~ ~ .....Q :D Y t --'- C2 c -<:)'. l' Jo r-;) SA ~s c:.-- ...-1. --;:41 rn~ ",,'01 ...,'.\'-.(' ~ }i~.;\. -.j', ~? \~;A - ~ f'J .. LARRY R. WOODAL, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3237 CIVIL ACTION LAW ELLEN M. EVELHOCH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 13,2006 , 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, July 13,2006 at ,!: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 THE COURT. By: /s/ Jacqueline M. Vemey. Esq. Jlr/ 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 HA VE 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 '. \ 7Y~.~ ~~ ~ ~{?fl~? . ~ fZ ~~.~ ~U; ?f?~.h/~? ~ $v ;e ~ ~e? -/1/ Pf?yj/.? J ~';;/'lr18 ('OilZ t:, 7 : (' I!-l Iii :; u uu v' ,.,f. l~hj f\"-J' ~.. . ".. r~---:-:-- .~_l \ , .. ~YC. ...V'..'.,...." ,....., ""',.,,__('.'J; ..J , ' LARRY R. WOODAL, JR., Plaintiff II'" . yJ\~L- l: ," ,_.~~~~~_.~,-= ,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2006-3237 CIVIL ACTION - LAW -:-~~~i V. ELLEN M. EVELHOCH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~. L ,2006, upon consideration of the attached Custody Conciliati n R~port, it is ordered and directed as follows: 1. The Father, Larry R. Woodal, Jr, and the Mother, Ellen M. Evelhoch, shall have shared legal custody of Tabitha 1. W ooda!, born May 18, 2000. 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 her 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 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 reasonable telephone contact with the child every Monday, Wednesday and Friday, calling between 8:00 p.m. and 9:00 p.m. 4. 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. Another Custody Conciliation Conference is scheduled for August 22, 2006 at 10:30 a.m. ~. " "nnQ ('.f"\ ~t.. ~s Hd 8 I 'mr quUl .). , BY THE COURT. J J, cQ;Zarol A. Redding, Esquire, Counsel for Father .....efuce D' Alo, Esquire, Mid Penn Legal Services, Counsel for Mother O~'lq.Dt.. ..;. '- LARRY R. WOODAL, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3237 CIVIL ACTION - LAW ELLEN M. EVELHOCH, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Tabitha 1. Woodal May 18,2000 Mother 2. A Conciliation Conference was held in this matter on July 13, 2006, with the following in attendance: The Father, Larry R. Woodal, Jr" with his counsel, Carol A, Redding, Esquire, and the Mother, Ellen M. Evelhoch, with her counsel, Grace D' Alo, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. 1-1'-1-01, Date ~A,~, J qu . eM. Verney, Esquire Custody Conciliator Au&29~ LARRY R. WOODAL, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3237 CIVIL ACTION - LAW ELLEN M. EVELHOCH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this JoY day of ,q.,l..... ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 18, 2006 is hereby vacated. 2. Mother, Ellen M. Evelhoch, shall have sole legal custody of Tabitha L. Woodal, born May 18, 2000. 3. Mother shall have primary physical custody of the child. 4. parties. Father shall have periods of partial physical custody as agreed by the 5. This Order is entered pursuant to 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. BY THE COURT, cc~ol A, Redding, Esquire, Counsel for Father ~e D' Alo, Esquire, Mid Penn Legal Services, Counsel for Mother ;;.\) ~'? o 1. \",.. '1\-' AN' .,,,, ;)j\N! l.^,~-::i !\J.::llj~j' t 'N(lA'" (" .r., '''0, 'M"''''', IU ,1,-\) ,.,' <:'.:<~,1f1!1 RJ' 62 :8 !IN Ie gOV 9U02 tlMI'" ,.... "'r"'..1 -Hi-"O AOV, Uj\lV;"U-.)dO.:} , .:J, :(;jj~O-'031I:J ..' LARRY R. WOODAL, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3237 CIVIL ACTION - LAW ELLEN M. EVELHOCH, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Tabitha L. Woodal May 18, 2000 Mother 2, A Conciliation Conference was held in this matter on August 29, 2006, with the following in attendance: The Mother, Ellen M. Evelhoch, with her counsel, Grace D' Alo, Esquire, Mid Penn Legal Services. Neither the Father, Larry R. Woodal, Jr., nor his counsel, Carol A. Redding, Esquire were present. 3. The Honorable Kevin A. Hess entered an Order of Court dated July 18, 2006 providing for shared legal custody with Mother having primary physical custody and Father having telephone calls three times per week. 4. Mother requested an Order of Court in the form as attached. !r-;)..9--o", Date ~~~rV~ Custody Conciliator