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HomeMy WebLinkAbout02-2818 MATTHEW A. DUBBS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ASHLEY M. BOHER, Defendant : CIVIL ACTION - LAW/). .{ ~ : NO. C;l- :1,I'IP L.:'c.>'-L I€a-"",., : IN CUSTODY \ COMPLAINT FOR CUSTODY 1. Plaintiff is Matthew A. Dubbs, an adult individual currently residing at 9368 Muddy Run Road, Orrstown, Franklin County, Pennsylvania. 2. Defendant is Ashley M. Boher, an adult individual currently residing at 45 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Shana Nicole Dubbs, born December 10, 1999. 4. The child was born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATE Ashley M. Boher Orrstown, P A Birth to May 2000 Matthew A. Dubbs Ashley M. Boher 45 Shippensburg Mobile Est. May 2000 - Matthew A. Dubbs Shippensburg, P A May 16,2002 Matthew A. Dubbs 9368 Muddy Run Road May 16,2002 - Rhea Faust Orrstown, P A Present Robert Faust The natural mother of the child is Ashley M. Boher, who resides as aforesaid. She is single. The natural father of the child is Matthew A. Dubbs, who resides as aforesaid. He is single. 6. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with his parents, Robert and Rhea Faust, and the child at issue. 7. The relationship of Defendant to the child is that of natural mother. Defendant currently resides alone. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 9. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: (a) Plaintiff (hereinafter referred to as "Father") is more emotionally, physically and financially stable than Defendant (hereinafter referred to as "Mother"); (b) Father is better capable of providing for the child's physical, emotional and financial needs; (c) Mother does not appropriately care for the child; (d) Mother does not maintain consistent employment; (e) Mother has threatened to leave the jurisdiction with the child and not allow Father to have any contact with her; (t) On approximately May 11, 2002, Mother left the area with the child, did not tell Father her whereabouts and did not return for two days; (g) Father fears that Mother will flea the jurisdiction with his child; (h) Currently Mother is employed as a cashier at the West End Mart where she works an evening shift that causes her to work until approximately 11 :00 or 12:00 p.m. in the evening; (i) Mother fails to return home after her employment has ended in the evening on a regular basis; G) Father provides the majority of the care for the child at this time, retaining custody of the child from the end of his workday at approximately 4:00 p.m. until the next morning; (k) Father has concerns about the child's safety and well being when she is in her Mother's care. (I) Since approximately May 1,2002, Mother has not been home overnight. II. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference, followed by a hearing, at which time should be granted primary physical custody of the child. Respectfully submitted, GRIFFIE & ASSOCIATES ~7V{~ Mary 0 atas, Es'ltriire Attorney for Plaintiff 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsification to authorities. DATE: S' - 01 -<::6> ~a(}2/J> M TTHEW A. DUBBS ~ ~ ~ 0 ~ 1( N - 10J c.... :T.! :Il 8 f't, c::: ~ ~ lZ m r- "'Clm . """, 0 ~,~;:;J )::j CJ ><::CJ l.-.I(.... - -0 ...,~ ),J ~C, ::r I::!:l f' c5 ClO - ~ !;: .. ern .c: prd ~ ,'\.) -, S:; If' 'D -< 1- '"" ;:iJi4~:j2li;:~jt;,,~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATIHEW A. DUBBS V. 02-2818 CIVIL ACTION LAW ASHLEY M, BORER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 12, 2002 , 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 Tuesday, July 16, 2002 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernlO" 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JU~ 2002 MATTHEW A. DUBBS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2818 CIVIL TERM ASHLEY M. BOHER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ANDNOW,this /'1" dayof 1.~ ,2002,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Matthew A. Dubbs, and the Mother, Ashley M. Boher, shall have shared legal custody of Shana Nicole Dubbs, born December 10, 1999. 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. 2. schedule: The parties shall share physical custody of the Child on the following A. Mother shall have physical custody of the Child two overnights every week. Mother is entitled to alternating weekends for her two overnights and if she elects her two overnights every weekend, Father shall have physical custody of the Child during the alternating Saturday and Sunday from 10:00 a.m. to 6:00 p.m. B. Mother shall have physical custody of the Child Monday through Friday during the daytime unless the Child is enrolled in Y2-day day care. The parties shall cooperate in the selection and times for day care. C. Father shall have physical custody at all other times, except as otherwise provided herein. 3. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the Child for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. The parties further agree that they will accommodate each other on Christmas Eve and the Saturday before Christmas for family parties. \fiN'i^lASNN3d AlNnoO c~i'n(:1::i8V'1no 2l'J : II IN 6 l'lOr cO ^oVIOi'{j;-i...c~<<,1 __--.J :10 3J;j~O'" c:rjJj '.~ 4. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 8:00 p.m, Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 8:00 p.m. 5. The Thanksgiving holiday shall be split such that Father shall always have physical custody of the Child from 8:00 a.m. to 3:00 p.m. Mother shall always have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 6. The parties shall alternate the following holidays from 9:00 a.m. to 8:00 p.m.: Labor Day, New Year's Day, Easter, Memorial Day and July 4th. 7. Both parties shall attend the ParentWorks program. 8. Transportation shall be shared unless otherwise agreed by the parties, such that Father shall always transport in the morning, Mother shall transport both ways for her overnights and pick up the Child from day care. 9. Mother's goal is to go to a more traditional shared physical custody arrangement when she completes her education and obtains a typical day light job. Father is not willing to commit to a traditional shared physical custody arrangement at this time. 10. 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. Either party may contact the Conciliator to schedule another conciliation conference. BY THE COUR), d J. cc: Marylou Matas, Esquire, Counsel for Fathe Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother ~~,(~:do.:l.. A,f, MATTHEW A. DUBBS, Plaintiff JUL 1 t02 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ".. V. : 2002-2818 CIVIL TERM ASHLEY M. BOHER, Defendant : CIVIL ACTION - LAW : 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 Shana Nicole Dubbs December 10, 1999 shared 2. A Conciliation Conference was held in this matter on July 16,2002, with the following individuals in attendance: The Father, Matthew A. Dubbs, with his counsel, Marylou Matas, Esquire and Mother, Ashley M. Boher, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The parties agreed to the entry of an Order in the form as attached. 1- ( 7 -0 :J- Date ~~~~~ Custody Conciliator '~ ~ p ~ r;~7r/~,7 ("~ e/ 'I ".b g /tJ'&lW -~H; <t7- e/? ~ F -7 /p:l?";' ~"Jft?l a::z e/ 7 \f\\'Nf\1}..~Nnt8:8. ~~{\n fJ,Nfl08 Qt,. " Ild ., \ tmr20 6'1 :~ '" " .." , :)\.\1.:l0 . uY10NO\-~Ol,%-\8 1\0' 3::J\:b ""\.l:J MATTHEW A. DUBBS, Plaintiff V. ASHLEY M. BOHER, Defendant JAN 0 2 ZOa3~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA . NO. 2002-2818 CIVIL TERM : CIVIL ACTION -l._A W : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the parties have not contacted the Conciliator for another conference since July 17, 2002, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , , " I \~<-~<-~ llii. Ii Jacqu6nne M. Verney, Esquire, Cu dy Conciliator tr .:E 1--- uJQ ~~~ f"-- ~l) ~'.',; ",.,_..r t-.) ~: u.., c" ' ~ r- u"" CJ ::c 4 ?= z :J.~ (") .:;:; 0~ 03 ::~[;:, ~'-.r . ~l.?- l'f" .-.-, ,..~, ',1.)UJ ':1! 0- ~ :::> <.) (t") I .1. ~ e;;.:< -) en (:)