HomeMy WebLinkAbout95-03015
~
~
~
J
If)
-
(Ij i I il
I'
Ii
~ m I ~ ,I
) il B
H~~I iJ l ~
II ~~ ~'B g ~
H .ji~VlO':
2l Ii t;l c: .
. ii ~I tJ .Ji ~J j
~
(Ij~~e Ii . 'I ~~j~~
~ i!
! ~~~I~ I
Ii jl1 ~i
~IQ I II
I'
~ Ii
ii
,
!
) l..'
. Hi,li; ([,[,i , .
"
_'.' 'w;~
. .::;I;~'_~-iA..~~~~~:>-~~.~-__ .-'lda:-
IlAIlBARA (BALlOS) PRATT,
Plaintiff
: IN Tim OJUR'f OF CXlMMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-3015 CIVIL TERM
THOMAS BALLOS,
Defendant
.
.
CIVIL ACfION - LAW
IN CUSTODY
amm OF CXXJRT
AND 101, this d-./ s f clay of f-
consideration of the attached Custody Conc 1 at
and directed as follows:
, 2001, upon
t is ordered
1. A Hearing is scheduled ~ Court Room # S , of the CUmberland
County Court House, on the .<51t: day of A~IL.' rm ' 2001,
at 1..:3L o'clock, A .m., at which time test mony will be taken. For
purposes of this HearTrig,' the Mother, Barbara (Ballos) Pratt, shall be
deemed to be the moving party and shall proceed initially with testimony.
Counsel for the parties or the parties Pro Se shall file with the Court and
the opposing counselor party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the
Hearing, and a summary of the anticipated testimony of each witness. 'I11ese
Memoranda shall be filed at least ten (10) days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the
prior Order of this Court dated January 21, 2000 shall continue in effect
as modified by this order,
3. 'I11e parties shall participate in a course of counseling with
Arnold Shienvold, PhO. The purpose of the counseling shall be to assist
the parties in developing sufficient communication and cooperation in order
to effectively coparent their Child. The parties shall contact the
counselor within 2 weeks of the date of the Conciliation Conference to
schedule the first session. The parties shall follow the recommendations
of the counselor with respect to the frequency and duration of counseling.
'I11e parties shall equally share all costs of counseling which are not
covered by the Father's insurance plan.
4. Paragra(t1 3A of the prior Order shall be replaced with the
following provision:
A. 'It1e Mother shall have custody of the Child on the third
weekend of every month when the Mother shall pick up the
Child directly from school on Friday and retain custody
until Sunday at B:oo p.m.
5. paragra(t1 3B of the prior Order, providing for Wednesday evening
periods of partial custody, is vacated.
6. 'l1le Mother shall have custody of the Olild from 'l1lursday, ~'ebruary
15, 2001 when the Mother shall pick up the Child directly from school
through the following Monday, February 19, 2001 at 5:30 p.m,
IlY 'l'lIE
J.
cc: Barbara Pratt, Pro Se
Thomas Ballos, Pro Se
o . f\~\
L--~ of).' ?-?>~
BARBAHA (BALLOS) PHATT,
Plaintiff
IN TilE OOURT at" <ntMOO PLEAS OF
CU~1BERLAND C<XJNTY, PENNSYLVANIA
vs.
NO. 95-3015 CIVIL TERM
THOMAS BALLOS,
Defendant
CIVIL ACTlOO - LAW
IN CUSTODY
P1UOO JUDGE: Edward E. Guido
CUS'l'OOY cx:fiCILIATIOO SlJIlMARY REPOOT
IN ACXXJIDANCE W1TIl cumERLAND CXXM'Y RULE OF CIVIL l'IlOCEIJmE
19l5.3-B, 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 BIRTfl
cummrLY IN CUS'lOOY OF
Jenness Jewel Ballos
November 8, 1991
Father
2. A Conciliation Conference was held on February B, 2001, with the
following individuals in attendance: The Mother, Barbara (Ballos) Pratt,
and the Father, Thomas Ballos. Neither party was represented by counsel at
the Conference.
3. The Mother filed this Petition for Contempt on January 4, 2001
and, subsequently the Father filed a Petition for Modification and contempt
on January 31, 2001. It was very difficult to conduct a Conciliation at
the Conference, due to the parties' constant interruptions and ac~usations.
The parties were unable to put the conflicts between them aside in order to
meaningfully discuss the custody issues. At one point during the
Conference the parties agreed that counseling is necessary. The parties
wish to litigate this matter further, however, and it will be necessary to
schedule a Hearing.
4. The Mother's position on custody is as follows: In October 2000,
the Mother moved fran Call{> Hill, where the Father currently resides, to
Blair County. The Mother stated that the Father repeatedly and
deliberately prevents access to the Child during the Mother's periods of
scheduled custody and prohibits telephone contact, The Mother stated that
whenever she contacts the Child by telephone, a third party is heard in the
background telling the Child what to say and what not to say. The Mother
also alleges that the Father failed to notify her of a change in day care
provider in violation of this Court I s prior order dated January 21, 2000.
The Mother raised numerous other complaints concerning the Father's conduct
in connection with the custody schedule although it was difficult to record
the Mother's concerns with the parties continually speaking at the same
time.
5. 'l'he rather's position on custody ia as as followa: The Father
denied the Mother's allegations with respect to interfering with the
custody schedule. 'l'he Father stated that the Mother has created
disturbances during his work time, used E-Mail at the Father'a work to
canplain and has refused to provide the names of the Child' a aUllrner day
care provider as required in the prior Court Order,
6. The Conciliator recOl11l1Onds an Order in the form aa attached
requiring the parties to attend counseling, acheduling a Bearing and
providing for certain changea in the custody schedule aa proposed by each
party at sorne point during the Conference. Until the partiea are able to
reaolve the hoatilities between them, it ia unlikely that any cuatody
schedule will work smoothly on an ongoing baaia. Hopefully the partiea
will focua on the needs of their Child and sincerely attempt to make the
counaeling proceaa auccessful. It ia expected that the Hearing will
require one-half day.
i '-( b-u.. a. ...... / l~ ,:) oM
Date (I
l~~1L irfc, VC"fcC<-7'
Dawn S. Sunday, Esqu re
CUatody Conciliator
~~
h:,;)n:. . .....
. ~~
o
~
It.
o
~< . ~ :i
, 11.I if.
< . <
g: .. . ~
... ' tJ
oJ < ~ ~
~ ~
.J z ~ :J
W tl:: .. c..
~ p ~
.. to. " ~
\) e =
.. e
.. ..
... ~
~
.
,
JIlN,' II
.. .....' t
~ ~--
BARBARA BALI.OS,
Plainlil],
IN TilE CO\IRT OF COI\H\ION PLEAS
Ill' ClIMBERLAND ('Ill 'NTY.
PI,NNSYl.V ANIA
I'S,
NO, 95-)015 CIVIL TERM
TIIOMAS BAI.LOS.
Dclcndant
CIVIL ACTION - LA W
OIWEI{
AND NOW. this _ ~I~_ day or8~
. 2000. upon rccciptof thc
Concilialor's Rcport. it appcaring Ihat thc pmlics hal'c agrccd 10 thc tcrms and prol'isions ofth;s
Ordcr which was dictutcd in their prcscncc und upprol'cd hy thcm, it is hcrchy ordcrcd and
dircctcd as lilllowsr
), All prior Ordcrs cnlcrcd inlhis cusc urc VACATED,
2, Thc parrics shall sharc Icgul custody of their minor child. .Iunncss
Ilullos, d.o,h, NOl'cmhcr K, I ')1) I,
), During thc school ycm, FUlhcr shall ha\'c primary physical custody of
thc minor child suhjcct 10 pcriods of partial cllstody and \'isitulion with Mothcr us
lilllows:
A, Onullcrnating wcckcnds Ihull Friday alwhich timc
MOlhcr shall pick np thc child Ihull schoolunlil Sunday al K:OO
p,m,; nnd
B, I)n Wcdncsday, atllhich limc I\lolhcr shall pick up thc
child from day cmc ami rcllll'nlhc child 10 Fathcr al K:OO p,m,
4, During Ihc summcr nHulIhs, thc panics agrcc 10 sharc thc sllmmcr
\'uctuion wilh thc minor child on a Ilcck-on. I\cl'k-ollhasis li'llllll'riday at 5:00
(1.m, untilthc lilllo\\'ing Friday al 5:00 p.m, This schcdulc shall commcncc lI'ith
t-.lothcr hal'ing thc Iirstlilllll'cck lillloll'ing thc child's relcasc li'OIll school.
5, Thc partics ugrcc to altcrnatc thc major holidays: thosc holidays arc
dclincd us Thunksgil'ing, Ncll' Ycar's Evc amI Day as onc holiday. and Eustcr.
This ultcrnuting schcdulc shall hcginll'ith Mothcr hal'ing I:astcr in :WOO. and shall
ultcrnatc thcrcalicr, Thcsc pcriods of partial custody shall hc from 1):00 a,m, until
IUO (1,m.
(" Thc Christmas holiday shall hc brokcn into t\\'o scgmcnts, Scgmcnt ^
shall hc Ihull Dcccmbcr 24'10 ut 12:00 noon until Christmus Day at 12:00 noon,
Scgmcnt B shull hc Ihull Christmas Day ut 12rOO noon until Dcccmhcr 2(,'10 at
12:00 noon, Mothcr shull hul'c Scgmcnt A in 2000 and ull cl'cn-numbcrcd ycurs
thcrculicr und Scgmcnt B in 2()() I und allodd-numhcrcd )'curs thcrcalicr, Futhcr
shull hul'c Scgmcnt A in 200 I and ullodd-mnllhcrcd ycurs thcrcalicr und Scgmcnt
B in 200() und ull cl'clHlllmbcrcd ycars thcrculicr,
7, Futhcr shall hu\'C thc child on Fathcr's Day and Mothcr shull hal'c thc
child on Mothcr's Day, Thcsc pcriods of partial custody shall bc Ih1l111):()O u,m,
untilll:)() p,m,
II, Thc partics shall altcrnatc thc child's birthday, t-.lothcr shull hal'c thc
child inthc ycur 2()()() und ull c\'cn-numbcrcd ycars thcrcalicr und Fathcr shull
hul'c thc child in 200 I amI all odd-numbcrcd ycurs thcrcalicr. Thcsc pcriods of
partiul custody shall bc fromllr,10 u,m, lIntil'):OO p,m,
II, N~~d IiII' illd~p~l1dclll ps)d\llllll!i~al ~\ulualllllllll' nllllls~lillj!: Nllllc I'c"u~slcd alld Ih~
l'olldliutol' dl\~s Ilot hdi~\~ allY is 11~~~SSal'),
Datc: Jallual'Y 111.2000
hk;;l~,l (~ )
l'ustody l'ol1dlialol' !/
~~
"'..L.<,...:.:~
.', "
o
!:
Iii
~
~ ~ H
~ .. ~
~ ~ If.
oJ ~ ! ~
~ ~ i ~
~ ~ . :i
rJ < ~ ..
.. ..
:"i:: ~
"
JUl .'
'lq'l
'~
'\
'I)
...,.
""<"'""".'~ '
- -~.
MAZZITTI
&
SULLIVAN
:t!1l7 ~ r"llIt Slrl'!'1
1I,IIIl~hur~ I'" lillo
171 j I !IOI ~,!i~!
Counseling Sef~lcel
(7\ j I ~Ul ~,t,i;!
UP Serv!col
nUll:!ll:",:I,)
1111 E IHlItlll'lStll'I't
r,uli..lp'!',\lilll:1
l'i'1 i I 21~1l ;;IM~1
UU5 MII~t1dIJWI1 J.ln.ld
Swtl']
IhllIlIllINllwn,I',\ 170:\b
171 il :1l~~7:l:t1
r1l'iulll'ldSIIt'i'1
Elimllt'lh\illl'.PA 1702:1
lil7lk%:I12ti
APR 9 ~ 2001
March 27, 2001
The Honorable Edward Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Jenness Ballos
Dear Judge Guido:
Per the request of Tom and Lynda Ballos I am submitting this
evaluation for a custody /visitation hearing to be scheduled for the end
of April.
Jenness, age 9, has been residing with her birth father, Tom, and
stepmother, Lynda, since she was about 4-years old, I met the family
on February 20, 2001 and have had two subsequent sessions with
Jenness on March 7, 2001 and March 30, 2001, Jenness is doing well
In third grade and speaks favorably of her academic experiences, She
usually focuses on her life In Camp Hill with her father and stepmother,
Sometimes she calls Lynda. Mom, but I have learned to differentiate
between the two women, birth mom and stepmom, All three adults are
significant to Jenness,
Jenness Is certainly secure with her father and he provides stability. He
presents as a devoted parent. Lynda Is a special step mom; her
knowledge and perception of Jenness' personality Is remarkable, She
Is very Involved with Jenness' welfare, Jenness reveals no distress in
the household, She speaks continually of what's occurring within her
family and school. On March 20, 2001 she Informed me of a birthday
party this weekend, She elaborated on how her playmate would have
one party, even though her parents are divorced, Jenness stated, "Her
parents get along."
The animosity between Tom and Lynda with birth mom, Barbara,
creates a chronic undercurrent of tension, Jenness Is aware of this and
her anxiety about the subject sometimes surfaces, Jenness Informed
me on March 7,2001 (without any prompting) that she wants to stay
DEfENDANT'll
fJUll1fT HO--1--
ltI'l'U<l<lIIlC"'","
\.I-lS-1Il1
PAl~ ~"",
Honorable Edward Guido
March 27, 2001
Page 2
with her father and Lynda, but is "sad" that her mother "hasn't had a
chance", She did express that she wished she could talk with her
mother more often and visit her more often. Tom Ballos stated on
February 20, 2001 that he has been struggling with communication
Issues with his ex-wife. Barbara, for many years, I have not met
Barbara. but understand Jenness currently visits her mother in the
AIloona area about once per month, Not only Is the animosity an
obstacle, but the geography,
On March 20, 2001, Jenness had just returned from a weekend with
her mother. She spoke briefly of the visit, but her discussion was
positive, She told me of a cash register her maternal grandfather
bought for her. I asked Jenness to write down the things In her life that
are Important to her, She often enjoys expressing her thought with art
work, Enclosed Is the list. The two other drawings on March 7, 2001
Jennes Initiated, She wanted me to understand her father's home
versus her mother's home, I believe It's noteworthy that the drawing of
her father's home Is organized and precise, When drawing her
mother's home she became uncertain when trying to describe her
relative's whereabouts and connections to each other. The lines she
drew became tenuous and scattered,
On March 20, 2001 Jenness stated, "when she got older' she'd like to
live with her birth mother, Then the subject shifted Immediately to the
possibility of relocation within Camp Hili for her father, worry about her
father's recent hospitalization, and a pet dog joining the household.
Jenness Is a delightful child, She is very open and conversant. She
has feelings of conflict at times with wanting to be with her mother.
Jenness perceives her mother as being neglected In this arrangement.
Unfortunately, only one parent can have physical custody, Her best
Interest at this time In her life Is to remain with her father, Though her
mother could possibly provide a suitable home, Jenness Is at a
vulnerable age to be disrupted, I have observed her being very clingy
and seeking physical comfort from her stepmother who usually
accompanies her to sessions,
Visits once a month would seem adequate to maintain a mother-
daughter relationship, Summertime could provide longer period. of
time for visitation with Interim return trips home during the course of
vacation,
Honorable Edward Guido
March 27.2001
Page 3
I hope thia information la helpful with any cuatodylvialtatlon declalona,
Pleaae contact me If I can be of further assiatance,
Sincerely,
~ lY\(OtNrrlcti MSW
Pamela McDermott, M,S'w,
Encloaurea
cc: Tom B81101
0\
~Ol
~I
'"
alent Name:
PROGRESS NOTES
Tc h hn.,( BfJ /1{1S
t -Cf'lI1} 5
/
Notes:
-0!Y-'~)
~,j. 1d;/M"D'("Ov."..
I ~
Date:
/
/
/
q 'j-UlYS OW
QY\ -J~\ '- ,
, I/~ /~ /77 I' . ,., -'" //./ /" d
c -10 t7I ?T
I _y,I; dn
Rbff
I
~(): "
--1\ ,f I
'- ) ...rl ,Up.
/ /
/
/
/
/
/
,/
/
/
/
/
~r~(\
LlJf' Y
, I "- ~
._ /JX I~ -L} 1
~:D /'" " '') . n"
!f/<.!-,
~Cdyh
- dc;} ~ (\
I \
,
.~ -:....
, {1 l
/ /
/ /
/ /
/ /
/ /
!
I
1\
_~I
/ /
/ /
/ /
/ /
/ /
/ /
..
GJ
/
/ I
...----
'~
D CrrJ
'. '~l
,.
I
\ '-.
4. DurIng l.hi' summer 01 I f'jf'j'J, the schedule shall be <13
folloWSI
1\. Father shall hav'j L'Ul1toJy u[ llllj child until July
24", Mot her shall havu pOl'ioJ[J 01 pdl't1al custody
and vlsltatlun on alternatinq weekends tram Friday
at 2130 p.m, until ~;Ilnday at 11:'10 p.m. This
dltfJlllat IllCj w""b'nd I1chedulp shall U)lrul\l~nClJ on the
weekend of ,June /6'" Addlt lonally, Mother sllall
have eve r y Wednesday 'jven I nq, at wh I ch time she
I1hall pjc~, tI.., dll 101 up at daY"~,H", and rl~turn the
child at 8:]0 p.m.
B, Mothul' Shill I havu till! child l~ornmerll:!n<J July 24'"
until AUlJlII1t n,". Father shall have the child on
alterna! ! nr) w'!l'y,ends from Ft'iday at 4100 p,m. unti I
Sunday at H: j() p.m. TIlls alternating weekend shall
COlTun(!Il"e on ,)ul y WOo. Add! t jonillly, F'allHJr shall
have "V(lIY Tlillll101,,y eVllnirllJ flom 4:00 p.m. until
81]0 p.m.
C, Follow!r"-l till) 'iI"jlJ:Jl. ;f<' w"(>Yl'lId, th.' p,Hties shall
p!('Y lip wil h 11", 'vl,r,',] ".'I1(>JI1I(>. t~ol.hul' a(jleel1 to
IJR{~ th~' dd)'\ dr.' fit1IviI1(!( ('Ilrn~ut Iy hoinq u~3od by
Fatllor IJfjlfl'~~4 ttl.' lidtt If!:i rillif!lwl:ip at]tf!o.
," ['Hlrit,!} thl! ;!IJll,flll'I ..1 'tll: ,/Pdr ~(!l)(J drl,J tlJt tllP ~HHll1nf~r:J
t tIPl.;,t' t l!! ,
'Ill' '-,I' Iii':! ,J'Jll!P I r
'illrJl (1 t liP :-;UlfllTlOl
vacation wi th the chi Id on a week on w8ek off basis from
Friday at ~i:OO p.m. to tile followln<] F'dday at ~J:OO p.m,
The first week sllall b.~ ~Iotlwr' s dnd shall corrunence with
the first full week following the child's release from
school.
6. The parties al]ret~ to alternate the major holidays, Those
holidays are bninl] d.)fined as Thanksgiving, New Year's
Eve and day and Easter. This alternating schedule shall
begin with Mother having Thanksgiving In 1999 and shall
alternate thereafter. These periods of partial custody
shall be from 9:00 a.m. until 8:30 p.m.
7, Mother ~,hall have every Chdstrnas Eve from when the chlld
Is released from school until 8:00 p.m. or when Mother
gets off from work until 8:00 p.m. and again on Christmas
Day from 6:00 p.m. to 8:nO p.m, F'ather shall have all
other periods during the Christmas holiday.
B, Father shall have Father's Day and Mother shall have
Mothel" s flay ever'y y.)ar. These poriods of partial
custody shall be trom 9:00 d.rn, to 8:30 p.m.
9. The paI'tles shall altt!IniJte th'~ elli ld' s birthday. Father
shall have t.hn child':, birthday in 1999 and all odd ynars
thnIUit!'t HI' "nd Moth"r ;;hOlll hOlV'! thl) cloIld In U,,) year'
7000 drld rill (JVPII yrJdt'S t hnrf~dltl_!r.
'I'11118t! periuds ot
palt loll ,:\wtnd',' :,11.111 I", trl;m H:jO 01.11I. IIntil 'l:OO p.m.
10, Mother shall be entitled to unrestrIcted access to the
child during the school hours. Mother agre!~s to notify
Father when she intends to exercise these periods,
11. Such other times as the parties may agree.
Barbara Ballos, pro se >
Thomas Ballos, pro se t~;tU:1 "".........:ud 1.:J ~ qq,
mlb J-'
c:
!,
"1
",)
L
,,'
,
,,, I
I!~
\.;..l
BARBARA BALLOS,
Plaint i ff
IN TilE COUIlT OF COMMON PLEAS
OF' CUMBEHLAND COUNTY,
P~;NNSYLVANIA
VB.
NO. 95-301 ~J CIVIL TERM
THOMAS BALLOS,
Defendant
CIVIL ACTION - LAW
CUSTODY /VISITATION
JUDGE PREVIOUSLY ASSIGNED:
The Honorable <leorge 8, Hoffer
CUSTODY CONCILIATrON CONFERENCE S~Y REPORT
IN ACCOllDANC8 WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
I. The pertinent information concnrning the child who is the
subject of this litigation is as follows:
tl8ME
BIRTHDATE
CUIlIlENTLY IN
CUSTODY OF
Jenness Ballos
Noven~er 8, 1991
2. A Conciliallon Conference was held on .June 24, 1999, and
the following individuals wen~ prp.sent: the Plaint! (f appeared pro
sel the Defendant appedn~d pro se.
3. Items reso I ved by alJn~(~ment: Soe ilt tached Order.
4. Issues y,'t: to In) resolved: ~,ee attachGd Order,
5. Tile I'laintiff'~l pusition on custody is as (ollows: See
attached Order.
fl. 'I'll(; Ilo!')(lddnt's position on cust'Jdy i!c1 il!c1 follows: See
att(h~h()d Ordor-.
'I.
Nend [ot !Htl)dl<1t P \'lilJfI:llll t f) rtlptp!1prlt ,"hi Idl
Np!tlIlH
party rHqul!sl.nol.
H.
th~f~fj
t tldppnlldf~ld
1'~<y,'h()Il\<Jt"d I
I'V.ll'l.l1 iOIl <;1
lIlt
counsol in'll
fJ()lI(! JI~q1Jl!5tpd dllll tlif.! ,'{TTlI'il1dlll[ dCH.J~i (\{ll l101iove
any Is nnceHsdry.
Date: July I~), 1999
k;1~. ~.{,~..
('u~,t (,oj',' ,\," lll.:fl)/
-,
.,
.
...-w_wawc.
elllVlNlllOW
CAIlUIU. PIHNIV\.\W'M 17011
(1171"-
fix (1171'-
w.- ...... (1171 MNm
Illlpp...... (1111 ....
,
...
.
.
BARBARA BAl',LOS,
Plaintiff
v,
IN TilE COURT OF COMMON PLEAS OF
CUMBERf,AND COUNTY, PENNSYfNANIA
NO. 95- ~L'{') CIVIL TERM
'rHOMAS BALLOS,
AND NOW,
Defendant CUSTODY
h g}gj'QOL+
tllis ~_ day of ~
_, 1995, upon
consideration of the parties' Consent Ag[l~ement, the following
Order is entered with regard to custody of the parties' child,
Jenness Ballos:
I, The plaintiff, Barbara Ballos, hereinafter referred to as
the mother, and the defendant, ThomaD BalloB, hereinafter referred
to as the fathor, will have shared legal and physical custody of
the ,Jflnness Ballos, hereinafter referred to as the child,
2, The mother will have physical custody of the child
according to the following schedule:
a, For a minimum of four weeks each summer, notifying
the father by Mayas to her scheduled week3, In 1995,
the mother will have the following periods of custody:
i, On Saturday, June J, 1995, the mother will pick
lip the child at. the father's home at 11:00 a,m,
and tilke her t.o r.rlanger, I<entucky, the mother's
home, for a period of two weeks, The mother
will roturn the child to the father's home on
Saturday, June 17, 199b,
ii. On Saturday, Auquut 5, 1995, the mother will
pick lip the chIld i1t the father'r. hOlno at
11:00 a,m, and take her to Erlanger, Kentucky
for a period of two weeks, The mother will
return the child to the father's home on
Saturday, August 19, 1995.
b, For a two week period during the fall, winter, and
spring at times to be agreed upon by the parties, The
mother will give the fath~r one week's notice to
c, The mother will have the child at other times when
the mother is in Pennsylvania upon notifying the father
at least one week in advance.
3. The mother and father, by mutual agreement, may vary from
this schedule at any time,
4, The mother and father will notify each other of all
medical care the child receives while in that parent's care. Each
parent will notify the other immediately of medical emergencies
which arise while the child is in that parent's care.
5, Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child as
to the other parent or which may hamper the free and natural
development of the child's love or respect for the other parent,
J,
~61 1": [( G B Hnr
BARBARA BALLOS,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERJ,AND COUNTY, PENNSYLVANIA
v,
NO, 95-
CIVIL TERM
THOMAS BALLOS,
Defendant
CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this ~ th day of
J" '
'If,t : /"
,If
and the defendant, Thomas
1995, by the plaintiff, Barbara Ballos,
Ballos,
The plaintiff is represented by Joan carey, of Legal
Services, Inc.; the defendant is unrepresented but is aware of his
right to have an attorney,
The plaintiff and the defendant agree to the entry of the
following Order regarding custody of their child, Jenness Ballos:
1, The plaintiff, hereinafter referred to as the mother, and
the defendant, hereinafter referred to as the father, will have
shared legal and physical custody of the Jenness Ballos,
hereinafter referred to as the child,
2, The mother will have physical custody of the child
according to the following schedule:
a, For a minimum of four weeks each summer, notifying
the father by Mayas to her scheduled weeks, In 1995,
the mother will have the following periods of custody:
i, On Saturday, June 3, 1995, the mother will pick
up the child at the father's home at 11:00 a,m.
and take her to Erlanger, Kentucky, the mother's
home, for a period of two weeks, The mother
will return the child to the father's home on
Saturday, June 17, 1995.
ii, On Saturday, August 5, 1995, the mother will
pick up the child at the father's home at
11:00 a.m, and take her to Erlanger, Kentucky
for a period of two weeks, The mother will
return the child to the father's home on
Saturday, August 19, 1995.
b, For a two week period during the fall, winter, and
spring at times to be agreed upon by the parties.
c. The mother will have the child at other times when
the mother is in Pennsylvania upon notifying the father
at least one week in advance,
4, The mother and father, by mutual agreement, may vary from
this schedule at any time,
5, The mother and father will notify each other of all
medical care the child receives while in that parent's care, Each
parent will notify the other immediately of medical emergencies
which arise while the child is in that parent's care,
6. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child as
to the other parent or Which may hamper the free and natural
development of the child's love or respect for the other parent.
~
~ .. '
t..ii
1 €
Ii'
.......
k~.
-(,-<'1
, "1
'II
~l~
&;1 f!' ~z..I ~
u.7JIIt.U~ /7tJl(
'lf~"'-'
'~\"
(";,;,:'l:~
,- '..'1 _/
\"',"'1/
~';..,
..-'-'- -....---......-.- ~
-"--~..>.._...--;-. "
-.- '--.'-
---...--~~._~ .
=''':''::<:..- I.:
-_."-'. .
::::10 flftlL//.4.(L.{(( ["'-4J-;f-<-~ ~
(lc..I~~J" vJ ((Jl"~.J {dU:r J!tf,uA
< ~
OM f'o-..tJ /~{X' -,) t-"'<P-o..(
(a. J.u.;l.t I..{.... no 13
J
.
1701::::,/:::::::'~':<
--.
/",11",/,11"1"1/""~..,1/",1/,,,1,'1,"~1"""~,,,./,1..I
".
.-;
-'--.<i-t<,l'; -, ....
.
~
,
, .
.
!
\
,
1
"-"-- .
Defendant
IN THE COURT OF COMMON PLEAS
CUMBER~ND COUNTY, PENNSYLVANIA
NO. 95-3015 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
BARBARA PRATT,
Plaintiff
v.
THOMAS BALLOS,
PosmON OF CUSTODY
AND NOW comes the Plaintiff to Petition the Court as follows:
The Plaintiff Is Barbara Pratt, an adult Individual residing at 143 Nlcewonger Road,
Duncansvllle, PA.
The Defendant Is Thomas Ballos, an adult Individual residing at 629 Elford Road, Camp
HIII,PA.
POSmON OF CUSTODY: There Is a current Order dated February 21, 2001. The
Plaintiff originally filed a Petition for Contempt on January 4, 2001 and seeks to prove that the
Defendant has, with deliberate Intent, violated the tenns of the previous Order of Court dated
January 21, 2000. In addition to a review for Contempt, a modification to the existing order
dated February 21, 200115 requested to allow a more reasonable summer visitation due to the
Plaintiff's relocation to Blair County that was not resolved during attempted conciliation on
February 8, 2001.
WITN!SS!S: The Plaintiff anticipates the swom testimony of the following Individuals:
Jenness Jewel Balles, daughter of the Plaintiff and the Defendant, for testimony
pertaining to her unlawful removal from school property on December 22, 2000 by the
Defendant. Plaintiff requests the Defendant, as custodial parent, be required to
transport child for testimony In order to avoid confusion of parelltal authority at her
school.
Sue Acurl, former chlldcare provider for the Defendant, for testimony pertaining to the
Defendant's failure to notify Plaintiff of a change In chlldcare providers on September 6,
2000.
Barb Hawk, school nurse, for her professional opinion of the child's school behavior-
specifically on February 2, 2001, Plaintiff's visitation weekend.
Wherefore, I respectfully request Your Honorable Court to hear testimony on the
scheduled court date of April 23, 2001 at 8:30 AM In Court Room #5 of the Cumberland County
Courthouse.
Respectfully submitted,
April 3, 2001
Barbara Pratt
Plaintiff, Pro Se
143 Nlcewonger Road
Duncansvllle, PA 16635
4, The child was not born out of wedlock,
5, The child is presently in the custody of the
Defendant/Petitioner, THOMAS BALLOS, who presently resides at 231
South Enola Drive, Enola, Cumberland County, Pennsylvania 17025.
6, The Honorable George E, Hoffer, entered an order of Court
in this matter on June 7, 1995, a copy of the aforesaid order is
attached hereto as Exhibit "A",
7, The Defendant/Petitioner, THOMAS BALLOS, is seeking a
modification in the existing order of Court by way of requesting
that Plaintiff/Respondent's periods of visitation with the child
take place in Enola, Pennsylvania instead of Erlanger, Kentucky.
8, The Plaintiff/Respondent refused to return the child to the
Defendant/Petitioner on August 19, 1995 as per the terms of the
existing Custody Order,
9, The Plaintiff/Respondent refused to provide transportation
for the child from Kentucky to Pennsylvania as per the existing
Custody Order and the Defendant/Petitioner had to travel to
Kentucky to pick up the child on August 26, 1995
10, The best interest and permanent welfare of the child will
be served by granting the relief requested because the
VERIFICATION
I verify that the statements made in the foregoing Complaint to
Modify Custody order 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.
DATED:
9-/~/-'; (
- '\ \"D'm.C'~ ~ ~:Jl&.1~)
THOMAS BALLOS, Defendant/Petitioner
BALLOS, I IN THE COURT OF COMMON PLEAS OF
plaintiff I
I CUMBERLAND COUNTY, PENNSYLVANIA
v. I
I NO. 9S- ,1<":1') CIVIL TERM
THOMAS BALLOS, I
Defendant . CUSTODY
.
l'II'III1IU,IIIT I'OR CUSTODY
1. Tbe plaintiff i. BUbara Ballo., residing at 512
Graanfiald Lana, Apt~ 1, Irlanver, KY 4101..
a. The defendent i. Tboaas Ballo., residing at 6961
wart.villa Road, Enola, cuabarland County, PA 17025,
3. Tha plaintiff .aek. cu.tody of the following child I
Na.e pr..ant R..idence Age
Janna.s Jewal Ballo. 6961 wertlville Road 3
Enola, pa 170:t5
Tha ohild was not born out of wedlock.
The child is presently in tha cu.tody of Thomas BallaS, who
ra.id.s at 6961 wertzville Road, Enola, pennsylvania,
During the child's lifeti.., .he has resided with the
following persons and at the following addresses:
Nallle
plaintiff, Defendant,
and Brett Lyle
(plaintiff's son)
Plaintiff, Dsfendant,
and Brett Lyle
Plaintiff, Defendant,
and Brett Lyle
Addra.. Date
2967 Careon Valley Road Birth - 4/93
Duncaneville, PA 16635
514 Erie street 4/93 - 10/93
Dauphin, PA 17018
609 Erford Road 10/93 - 8/14/94
Camp Hill, PA 17011
8/14/94 -9/94
Defendant, Bob Ballos, 701 Floral Lane
Mary Ballas, Jeff Ballas Dauphin, PA 17018
and Cherise Ballos
(Defendant's brother,
brother's wife, and ohildren)
Defenaant:
"..n wwt:iV1l1e Road
Inola, PA 17025
The B10ther of the child 18 Barbara Ballos, currently
9/94-preeent
re.iding at 512 Greenfield Lane, Apt, 1, Brlanger, KV 41018,
She is .arried.
The father of the child b Tholll. BIUOI, currontJ y re.iding
at 6961 Wertlville Road, Inola, Plnn.ylvlnil,
He i. .Irried,
... Th. relation.hip of plaintiff to the ohild 1. thet of
.other,
The plaintiff currently i. r..iding with her .on Or.tt Lyle,
and her boyfriend, John Oliver.
5. Th. relation.hip of defendent to the child Is that of
fath.r.
The dafendant currently re.ide. with the following per.on.,
Na.e
Jenne.. Ballo.
Reletion.hip
Deughter
6. The plaintiff ha. not participated a. a party or witne..,
or in another capacity, in other litigation concerning the cu.tody
of the child in this or another court,
7. The plaintiff ha. no inforaltion of a cuetody proceeding
conc.rning the child pending in I court of thi. Commonwoalth,
8. The plaintiff do.. not know of a penoll not a pArty to the
proceedings who has physioal cu.tody of the child or olaims to have
cu.tody or visitation right. with rl.pect to the child,
9, The be.t intere.t and perllanent welfare of the child will
be served by granting the relief requested because it will foster
.......---.,....-.-.... .
.~ ."~"_.'''''
The above-n...d Plaintiff, Barbara Balloa, verifieR that the
etate.ente made in the above Complaint are true and correct,
Plaintiff understande th.t f.lae statementa herein are made aubJect
to the penlllties of 18 Pa, a.s, 84904, relaling to unsworn
falsification to authoritiea.
Date: $~ /9<)"
,
..A
arbara Ball08,
""- __ 11171 ,...,.
IIIl1ip, ." 11171'~1I 1
.,
r'
"
.
.
BARBARA BALLOS,
Plaintiff
v.
THOMAS BALLOS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-:' ;i~ CIVIL TERM
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Barbara Ballos, residing at 512
Greenfield Lane, Apt. 1, Erlanger, KY 41018.
2. The defendant is Thomas Ballos, residing at 6961
Wertzville Road, Enola, cumberland county, PA 17025.
3. The plaintiff seeks custody of the following child:
Present Residence
6961 Wertzville Road
Enola, Pa 17025
The child was not born out of wedlock.
Name
Jenness Jewel Ballos
Age
3
,
!
i
I
i
J
I
J
!
I
i
I
I
,
I
I
I
!
i
i
I
I
i
The child is presently in the custody of Thomas Ballos, who
resides at 6961 Wertzville Road, Enola, Pennsylvania.
During the child's lifetime, she has resided with the
following persons and at the following addresses:
Name
Plaintiff, Defendant,
and Brett Lyle
(plaintiff's son)
Plaintiff, Defendant,
and Brett Lyle
Plaintiff, Defendant,
and Brett Lyle
Address
2967 Carson Valley Road
Duncansville, PA 16635
Date
Birth - 4/93
514 Erie Street
Dauphin, PA 17018
609 Erford Road
Camp Hill, PA 17011
4/93 - 10/93
10/93 - 8/14/94
8/14/94 -9/94
Defendant, Bob Ballos, 701 Floral Lane
Mary Ballos, Jeff Ballos Dauphin, PA 17018
and Cherise Ballos
(Defendant's brother,
brother's wife, and children)
9/94-present
6961 Wertzville Road
Enola, PA 17025
The mother of the child is Barbara Ballos, currently
Defendant
residing at 512 Greenfield Lane, Apt. 1, Erlanger, KY 41018.
she is married.
The father of the child is Thomas Ballos, currently residing
at 6961 wertzville Road, Enola, pennsylvania.
He is married.
4. The relationship of plaintiff to the child is that of
mother.
The plaintiff currently is residing with her son Brett Lyle,
and her boyfriend, John Oliver.
5. The relationship of defendant to the child is that of
father.
The defendant currently resides with the following persons I
Name
Jenness Ballos
Relationship
Daughter
6. The 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.
7. The plaintiff has no information of a custody proceeding
concerning the child pending in a court of this commonwealth.
B. 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.
9. The best interest and permanent welfare of the child will
be served by granting the relief requested because it will foster
the mother's relationship with the child, enabling her to continue
to play an active role in the child's development.
10. 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, the plaintiff requests this Court to grant custody
of the child to her.
Respectfully submitted,
L / I
-1 ,.. (. ",'
. .I "j e(l- (, ( r
A~an carey ,d
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
TIll! nhove-nometl 1'll11nli fr, Ill1rhara Ballos, ve,'ll'inH that. the
slntemellt.s mnde In 1.1", ahove Complaint IIr<, truc 'lilt! correct.
Pllllnt.lff underHt.anda thll! false 8t.at.cml'nlH hl",'cln or" madc 8ubJ"ct.
to tho ponultic8 of III I'll, C.S. ~4!l()4, ,'clnUnl( to unsworn
falslflcnlion to nuthorltlo8.
DIlt.e:
~\~ fer
. ,-.;')/'/)
----; r-) "
(-/)) '. (J()'~~ "\)) O~!~
-,-m~rn 1l81108, .Ptllntift
..
,
r ~l f~ ..J
~) n c. .
, ,
...
It
\AI ,.n
VI CJ'
Q ~
"
......"....
. IlIMNI .
~.,;..~.. lJ011
11111....
,.11111 .....
-
W. .....11171 ,....
.',' ._-11 \'1111.....
,
...
.
.
I
i'
BARBARA L, BALLOS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-
CIVIL TERM
THOMAS BALLOS,
De f endant
AFFIDAVJT I~ S~f~QR~_QF P~TI119ff
FOR J.BAVE TO. rROCI'BD _ IN JQRJI}Ll'^\lP~RI6
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceeding.
2, I am unable to obtain funds from anyone, inc luding my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct,
(a)
Name:
Addrsss:
_.8_!U.PALLI...Il!lUos------- - -.--- --.----.-
:ill .QnH!nH~ll! L!ln!l._ Apt.. _t_
_ Erlanger. .In'_ _HJJtll.
Social Sscur it y Number: ~!lB-4;!-(itq7_ m__ _ ._____..
If you are presently employed, state
Employer: QU!lUt;y CQnC'!Pt!L..._____n_______
Address: {',O, ROll (i~32_ ____HU________
Cincinn!lJJ, QH i~~!\..____..______________
Salary or wages per month:. _'U~,QQ . _______.___
Type of work: office cl,eIIL_.. _ .---,,_____.__,____
If you are presently unsmploysd, state
Date of last employment: N/A
Salary or wages per month:N/^
(b)
5aV1n95 Ace OUll'
:1.''>,\;'
C''1tlf1<.ates "f n"pos.l:
NqflP
Ilpn! Estale (1I1c!udll11j 110I11e):
Molor yehlLle: Mahu MerLury
Cr'st $750,00
None
Year 1986
Amount owed 0,00
Stochs; bonds:
None
01 her:
NOll!!
(f) Debts ilnd obllqat lons
Mar t gage: NOlle
Rent: $232, 'iOlmo,
Loans: $2fj, Oll/m'),
MOl1thly ,.pen'HJ~i: ,llectrlc - $10.00, phone - $27,00,
gasolll1e - :j;10,OO, Insural1ce - $41.00, food.. $150.00,
Gluon '" (ilrd $II),OU, Fladlo Shach .. :j;lc"OO,
clolh!n'] .. '~:'j(I,(lO, school lunches - $20,00, doctor
$10,0(1, supporl $4U,O(l
(g I Pel son'; deIH,,\(jl!liI UpOI1 Y"U Inr support
(Wife) (Hu<;hiJl1dl Namf!:
Child/ell, 1/ 0111,:
tlatlll': BI 1'1 t l} II.!
NaIll'
Ago:
'J
4. untll~t'~l i1l1l1 t hat I have h con11l1ulllQ ol>11qat 10n to
lntofm tl1p 11IIr1 lit 111lptl)V~mHllt 111 my flll,tnCl,11 Cl'CUfnstance~;
Whl!1l would PBlflllt fI,l~ '.i PitY thH ',t/(jts lflClJflt>(j hf~'H11l.
I, . v H I \ f y t, 1 U t t h ~ '.., t r1 t t: rlll:' II t s 111;1 d p ] fl t 11 I S ri f f 1 f1 ft v 1 t a f' H
t , lilt d Illt I F I' I ,~. t .
Jfld,.,'t:111l1 lh.tt fiil'~I' '-titl!,fllt~llt'" hOl,",'lfl arn
ma(l" ~,uh]..cl to Ih.. penaltll'" c,t Iii r,l, C,S, 4~'tl4, r..1n11119 to
unswo,-n
f h 1 S If i ( it t 10" t \)
Hut t1nr 1 t 1 HS.
Oate:
( :( / r'- ~
'_1 I, {')
,) ,') 1
,lj:) Ltl ~ L'L It ([):.It Cj5
Bar~ara Ballos. Plall1t Iff
.",;
,&~~::~~)~~J'~' <.
~E~r~i~\:<;:.:', :
~~ji~!~'t:r~
--,.
"t
tl,!llri~-::-~,
. ....... .. .'. .
..c.&-.....~".1I
.... . Im'....lU ..
"'""''' fill
,... -.....".---
~ '---
WilIl......11111.....
....111111111..mJ
'i':
, ":-:,;>'
~:';r._ .
.:-;::~',':._::'~:.'
,<~{-
~"'\.'
r.
...
.
.
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3015 CIVIL TERM
BARBARA BALLOS,
Plaintiff/Rsspondent
THOMAS BALLOS,
Defendant/Petitioner
CUSTODY
AJ!!!.WJl R ._.\ItlLCQ!!IITJlRCJ.A I H
lQR HOI)1 FlCA'l'IQfU>.,G!}l!'fQJU'_QRPRR
Barbara 8allos, the respondent (hsreinafter "mothsr"), by and
through her attorney, Joan Carey of Legal Services, Inc" answers
the Complaint to Modify Custody Order filed by Thomas Ballas, the
pst itioner (hsreinafter "father"), as follows:
1-6, Admittsd.
7.
Admitted in part; denied in part.
The mother
specifically denies that thers is a basis to restrict her custody
to Enola, Cumberland County, Pennsylvania, since she has
establishsd a home in Kentucky for hersslf and her son, Brett, and
pr ior to her moving there, the pet i t.1oner agreed that she would
have regularly scheduled periods of time with her daughter both in
Kentucky and when she was in Pennsylvania,
B, Denied, The parties had mutua11 y agreed to extsnd the
mother's period of custody in August of 1995, for an additional
week since she had not had custody on June 3, 1995 through June 17,
1995, pursuant to the current. Cuetody Order entsred on June 7,
1995,
9, Denied. The parties had mutually agreed that the father
would provide the t.ransportilt: Ion of the chi lrl from Erlanller,
Kentucky, to Enola, Pennsylvania, following ths mother's psriod of
cust.ody,
10, The mother Is without knowlsdge or information sufficisnt
to form a belief as to t.hs t.ruth of this averment which has the
effect of a denial,
11, Admi !ted,
COU"TJ!RCL.~Hi
12, The above avsrmsnts are incorporated hsrein by reference,
13, The bset interest and permanent welfars of the child will
bs served by granting the mother custody of the child for the
following reasons:
a, Ths father wilfully failed to abide by this Court's
Ordsr dated June 7, 1995, in ways including, but not
limited to the following:
1, The Cather and the mothsI' had agreed to begin
the mother's first psriod of custody on July 1,
1995, Instead of June 7, 1995, as ordersd since
neither party had received a copy of this Court's
Order which was signed on June 7, 1995, Thsy
furthsr al/f1"I.1 not 10 hegin the p('hedule until they
had certified copios of the CU8tody Order, Whsn
ths moth..t ,~itlltld Ihe father on ,June 29, 11)95, t.o
remlllll him IIf I he lime of her arrival in
Pennaylvlllllit ,," ,July 1, 11)95, h" Inld her that she
COlli') ""t I fik.. t II.. ,'hlld to Kentucky [Jursuant to
IIIH ellSI ",)y Ollltll, ,1"IIlllllrlH,1 I hitl sh" wi thdrllw the
custody action, threatsned to have the mother
arrested if she took the chi Id across state 1 i nss
for her visit in Kentucky, and furthsr threatensd
to flee with the child nevor roturning her to her
mother,
2, On or ahout July I, 1995, ths mother came to
Pennsylvania to enforce her custody order and fuund
the following:
^, The father's telephone had besn
disconnected,
B. The father appeared to be moving from his
residsnce sincs there were no signs of his
being there either of the two timss the mother
went to the horns, and there was a moving truck
parksd at the father's residence,
C, In spits of several attempts to reach the
father including contacting the police,
calling the father on his bsspsr, and calling
his smployer, the mother was not able to find
him or the child and WilS not able to take her
child to Kentucky for her period of custody,
3, The mother RUbsequently learned from her
mothsr that the father had taken thH child to the
mother'a sister and had instructed the sister that
hI! did not wilnt the mot hAr to havH the child,
4. On or about August 1, 1995, the father called
Legal Serv!rss, Inc, and refussd to give his nsw
lIddrsSB for his residencs as required under the
Custody Ordsr making it impossible for the mother
to exerci se her court ordered per iod of custody
schedulsd to begin on August 5, 1995,
b, The father has not acted in the child's best
interest for reasons including, but not limited to, the
following:
1. Ths father has unreasonably kept the child
from her mother who had cared for her since birth
and from her half sibling, Brett, with whom she had
li ved ,
2, The father has failed to facil itate reasonable
contact between the child and the mother in spite
of severa I at tempts made by the mother and her
counsel since Fsbruary of 1995, whsn ths mothsr
moved to Kentucky in part upon reliance on the
father's agreement to insure meaningful periods of
custody with the mother and her child,
c, As II result of the fat.her's refusal to give ths
mother cllstody on July 1, 1995, she suffered financial
losses from the fruitless trip to Pennsylvania inclUding
msa Is, t (J II s, one dilY' H wages, and telephone expensss
totaling $165,00,
d, Ths mothsr requests that the Court mo~ifY ths order
to establieh a specif ic schedule granti ng her primary
custody Slncs she is ths parent most likely to encourage
access of the child to the other parent, and to order
that the transportation be shared for reasons including,
but not limited to, ths following:
1, The Custody Order requires that the parties
cooperate in arranging periods of custody during
the year and the f ather is unwi 11 ing to do this
refusing to facilitate or allow the mother access
to her child,
2, The mother is no longer employed and providing
transportation for her periods of custody is
financially burdensome to hsr,
WHEREFORE, the mother requests that this court to grant
primary physical custody of the child to hsr and partial physical
custody to the father,
The mother further requests any other
relief which is just and proper,
Rsspectfully submitted,
l,. ,~~
,__ .l.__.__.~_..14.- _ __._. ...__~ ....~.
. oan Carey
Attornsy for Respondent
LBGAL SRRVICBS, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
. '
I.AW OFFIC!!S
SAlOIS. GUIDO, SHUFF" MASLAND
; 26 W. 11I011 STR!!!!T
C..RUSIP, PENNA. 17013
PIIONIfl717) 24].6222
C1,RTlHEIl COI'Y:
r'
...
.
.
~1 lJl !,1
.; U\
~r- u. 1
.
,:5 ...'1
"~
f~ ./
_'I> J;" "
t:~ ! :~
;f ~:~ :;f
",
5;' ' ::.j
h .' ;,~
:.J '":J ~
... 1'0
,.':;
,
.. " ...
--'._~..
. __flOW
.~.',~WM llOlI
I1t11...... '
,. Iml NHOII '
-
WlIIt ,,*,17.171,...11
1I''.J"f1 ~17111__
,
...
.
.
capt ioned case
Dale _moL! :{-(~ ll~'
.-'^"
i~~~;;~~~~';~tl()~~~l~ 'I~~'w/~--"---
BARBARA BALI.OS,
l'lnintit!'
COllin OF COMMON PI.EAS OF
C'lJI\1BERI.AND COUNTY, PENNSYl.V ANIA
\'S
NO l)~-.l(}I~ (,(VII. TERM
TII0MAS IIAI.I.OS
Delcndanl
CUSTODY
I'RAt:C1Pt: H) WI'I'II1)RAW AS COlINSt:L
I, Joan Carcy, withdraw liS counsel tilr Ihe plllinlitl: Bllrballl Ballos, in thc above-
U:GAL St:RVICt:S, INC.
K Irvinc Row
Carlisle, P A 17013
C 1.-1 ,....
r~ '-" ..
-..,
""1. ,
(I II " 't1
I,:.
, .. ,...., ';:g
u
~
r'
;/': '-d
.~(')
I .rn
..-.,' ." ,.;
~J
CO ~
MAY 1 3 1998tP
IIAIWAHA lIAl.I,OS,
Pluinlil1'
IN TIlE ('Ollln OF l'OMtvlON PI.EAS
Ill-' ('IIMlIEHI.ANIlI'(llINTY,
PENNSYLVANIA
...s,
NO, 95-3015 ('IVII. TEHM
1I10MAS 11 A 1.1 ,OS,
Dclcndunt
1'\ISTODY!VISITATlON
OIWEI{ (W COVIll'
AND NOW Ihis _.--l'~_'_:.'-., day ofh.~__,) , IlJlJll. huvingnot heurd Ihull
t'/
Ihe purties IiII' sOllie tillie, the nndersigned Condliulor USSllllles the llIuller hus been resolved und
herehy relinquishes jurisdiction of Ihe ClIse, I I' either of the purties wishes further proceedings In
this uetion, Ihey should pClilionlhe I'oun uncw,
Ft lH TilE COllHT.
" ( . ,/"
" ) f 1
LVit-lL/ )<'1.-"
MICIIAEI. I.. BANWy/
I'uslody I'onciliulor</
Johnna J, Deily. Esquire
Muriul1l1e E, Hudebusch, Esquire
LAW ofPICIlS
SAlOIS, GUIDO, SHUFF" MASLAND
16 W, HIDH mEI!T 2\09 M",RKETSTREIIT
CARU5U!, FA \10\3 CAMP HILL, PA 11011
PHONE(117)24!.6222 PIIONEI1l1) 131.)403
CI!RTlfll!D copy, {P -; ,
JUl 2 1 1998 f;
'J
'-.i"",..>,-,,:-"'.R:
-
'.
...
...
.
.
.....
THOMAS BALLOS,
CIVIL ACTION - CUSTODY
CIVIL TERM
BARBARA BAI,LOS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 9'J - 015
Defendant
COMPLAINT FOR CUSTODY
1, The Plaintiff is Barbara L, Ballas, an adult individual,
residing at 512 Greenfield Lane, Apt, I, Erlanger, KY 41018,
2, The Defendant is Thomas L, Ballas, an adult individual
residing at 629 Erford Road, Camp Hill, Pennsylvania.
], Plaintiff seeks custody of the following child:
~
Present Resldence
illlli
11/8/91
Jenness Ballas
629 Erford Road, Camp Hill
The child was not born out of wedlock,
The child is presently in the custody of the Defendant,
During the past five years, the child has resided with the
following persons and at the following addresses:
Persons
Addresses Dates
Defendant
629 Erford Road, Camp Hill 2/10/95 to present
The mother of the child is the Plaintiff cUi'rently residing
at 512 Greenfield Lane Apt, I, Erlanger, KY 41018,
SAIDIS,
SHUFF &
MASLAND
"",.,.;n-ATtLAW
16 w, lIIah .11"1
c.,II,I., PA
She is not married,
The fathel- of the chi ld is the Defendant, residing at 629
Erfoni Road, Camp Hill, Pennnylvania,
He in not married,
4, The relationship of Plaintiff to the child is that of
notice of the pendency of thiA act ion and the right to
intel'vene: N/ A
9, The Plaint if f ,'equests:
a, Summer' viuitation beginning aile week after the
school yeal' ends until two weeks befm" the new school year
begins, starting with the school yeal' 1998-99 and continuing
until the child reaches legal age,
In 1998, the summer
visitation to begin July 3 through August 22,
b, All school bl'eaks;
c, Altemating holidays beginning with Chl'istmas
199B with the mother. Easter 1999 with the mother and
alternating between the mother and father thereafter,
d, Other times when the mothel' is in Pennsylvania
and upon giving a twenty-four hour notice,
WHEREFORE, Plaintiff requests the court to grant Plaintiff
visitation of the child,
~-'
-,
- ,
/ ~ -"/
J'"~ ~?::~- ---
2~~. High Street
Cadisle, PA 1'1013
717-243-6222
Attorney f(n I'lalnl.llf
SAIDIS,
SHUFF &
MASLAND
AnmJlan'ATtLAW
16 W, IIIlh 11rrf1
CuU.I., PA
Datedl ~/dlolqB
_...J
1 ycrU!y that th.. ataL"m,uata; matte in tl116 CompllUnt are
true and correct, I und.rHLund that tftlee atatu..ntR herein
a~ made aubject to tbe p.naltieR ot 18 P..CR, Section .90.,
relating to U"-'IOrn [alalfie.tlon ton allttu,'ril:lau
.='..
!IY!
BARBARA BALLOS,
Pluintill'
)
)
)
)
)
)
)
NOV
819~d
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
NO, 95-3015 CIVIL TERM
THOMAS BALI.OS.
Dctcndunt
CIVIL ACTION. CUSTODY
ORI>EI{
6", iiI I
AND NOW this duy otIJ().g"'-l~'-
. 199M. it bcing rcportcd to thc
Conciliutor tlmt thc purtics huve rcuched unugreell1ent which ll1ukes Ihrthcr proccedings
unncccssury.thc undcrsigncd Conciliutor hcrcby rclinquishcsjurisdiclionund rclums the mutter
tolhc Court Administrutor, If cithcr of the purtics wishes thrthcr procccdillgs ill this uctioll. thcy
should pctitiolllhe CourlUIlCW,
FOR TIlE COURT,
cc: Jllhnnu J. Dcily, Esquire
Muriunne E, Rudcbusch, Esquire
,
, "
0';"1
;; ~ ::
,
~ ,1 ':','
CERTIfiED CUPY:
LAW OfFICES
SAlOIS, GUIDO. Slllln' .. MASt_ANI)
26W.1II011 STREET 21lJl/M~RKET SnEI'T
CAR\.ISI.E,I'A 11011 ('AMI' 11Il.!. I'A I1l1lJ
PIIONE 11171 241-6m PIIONE 11I1l1lJ.l4l1l
j--
MAY
,.
.,
.'
...
,
.
. ,
"
'.1"" I .
oJ .', .~ I.: :-',: l. !~l
t. ..I
'I. I.
5'. Jj', 'Yf' tAl. (it)' /11~/,j!~ -d- ,,,4 ~
.j' ) J . / /J . -# :.J / .; Ij/f
'. ~9' ~j1!1 "11'~&"/ ~ ,Uff ~rr..I",.u~..,( "f- (Ie .
..f-.l.J 'ff' ., f'
{,~ ftf!tcV'~':- ;11, /J~., ;/...t .
BARBARA BALIDS,
Plaintitt
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-]015 ClVIL TERM
THOMAS BALLOS,
Defendant
CIVI L ACTION
CUSTODY
PETITION FOR MODIFICATION
AND NOW comes the Plaintiff to Petition the coun as
follows:
1. The Plaintiff is Bal'bara l3allos, an adult individual
residing at 721 Erford Road, Camp Hill, PA.
2, The Defendant is Thomas l3allos, an adul t individual
l'esiding at 629 Erfol'd Road, Camp Hi 11, 1'1,.
), There is an Order dated June 7, 1995.
4, The Defendant has relocated and has now moved back into
the area, and is being denied visitation of her daughter,
WHEREFORE, she respectfully requeBts Your' Honorable coun
to schedule a conciliation hearing so that a new
custody/visitation schedule may be worked out,
Respectfully submitted,
/~:_' . '/.(/
C- /-: ',.,.
JOlll~ J,' any! Esq-:-
At\:orney"fm Pl<' intiff
26 W, High SIl'eet
Carlisle, PA 1701]
SAlOIS.
SHUFF &
MASLAND
AmlRNlfll;,Y'LAW
16 W. IlIlh 51'001
CAlII.lo, P^
BARBARA BALLaS,
Plaintiff
IN 1'IIE COURT oF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYINANIA
v.
'I'1IOMAS BALLOS,
NO, 95- ~UI') CIVIL TERM
Defendant CUSTODY
h CUSTODY ~
AND NOW, this ~_ day of -(l.J\--'...
consideration of the parties' Consent Agreement,
, 1995, upon
the following
Order is entered with regard to custody of the parties' child,
Jenness Ballos:
1. The plaintiff, Barbara Dallos, hereinafter referred to as
the mother, and the defendant, 1~omaD Aalloa, hereinafter referred
to as the (ather, will have shared leqal and physical custody of
the ,JfinnesB Da11os, hereinafter referred to as the child.
2. The mother will have phYBical custody of thr: child
according to the following schedule:
a. For a minimum of four weeks each summer, notifying
the father by Mayas to her scheduled weeks.
In 1995,
the mother will have the following periods of cuotody:
i. On Salurday, June 1, 1995, the mother will pick
up the child at the father's home at 11:00 a.m.
and tilke her to F.rlanqer, Kentucky, the mother's
home, for a period of two weeks. The mother
will return tho child to tho filther's home on
Saba"day, Juno ['/, 199!>.
11. On S,1turday, MI'J,ml 5, 1995, the mothel' will
pick lip the chi 1<1 at till! 'ather"' [, tlOlne ilt
11100 a.m. and take her to Erlanger, Kentucky
for a period of two weeks. The mother will
return the child to the father's home on
Saturday, August 19, 1995.
b. For a two week period during the fall, winter, and
spring at times to be agreed upon by the parties. The
mother will give the father one week's notice to
c. The mother will have the child at other times when
the mother is in Pennsylvania upon notifying the father
at least one week in advance.
3. The mother and father, by mutual agreement, may vary from
this schedule at any time.
4. The mother and father will notify each other of all
medical care the child receives while in that parent's care. Each
parent will notify the other immediately of medical emergencies
which arise while the child is in that parent's care.
5. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child as
to the other parent or which may hamper the free and natural
development of the child's love or respect for the other parent.
%1 \1~ EE () B NOr
J.
BARBARA BALLOS,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
THOMAS BALLOS,
Defendant
CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this ..L!I- th day of ; J/,( r v;
~
1995, by the plaintiff, Barbara Ballos, and the defendant, Thomas
Ballas.
The plaintiff is represented by Joan carey, of Legal
Services, Inc.; the defendant is unrepresented but is aware of his
right to have an attorney.
The plaintiff and the defendant agrec to the entry of the
following Order regarding custody of their child, Jenness Ballos:
1. The plaintiff, hereinafter referred to as the mother, and
the defendant, hereinafter referred to as the father, will have
shared legal and physical custody of the Jenness Ballos,
hereinafter referred to as the child.
2. The mother will have physical custody of the child
according to the following schedule:
a. For a minimum of four weeks each summer, notifying
the father by Mayas to her scheduled weeks. In 1995,
the mother will have the following periods of custody:
i. On Saturday, June 3, 1995, the mother will pick
up the child at the father's home at 11:00 a.m.
and take her to Erlanger, Kentucky, the mother's
home, for a period of two woeks. The mother
will return the child to the father's home on
Saturday, June 17, 1995.
ii. On Saturday, August 5, 1995, the mother will
pick up the child at the father's home at
11:00 a.m. and take her to Erlanger, Kentucky
for a period of two weeks. The mother will
return the child to the father's home on
Saturday, August 19, 1995.
b. For a two week period during the fall, winter, and
spring at times to be agreed upon by the parties.
c. The mother will have the child at other times when
the mother is in Pennsylvania upon notifying the father
at leaet one week in advance.
4. The mother and father, by mutual agreement, may vary from
this schedule at any time.
5. The mother and father will notify each other of all
medical care the child receives while in that parent's care. Each
parent will notify the other immediately of medical emergencies
which arise while the child is in that parent's care.
6. Neither party sha II do anything which may estrange the
child from the other parent, or injure the opinion of the child as
to the other parent or which may hamper the free and natural
development of the child's love or respect for the other parent.
WHEREFORE, the parties request that an Order of Court be
entered to refle~ the above terms.
)" Cc ") I ') -
Barbara Ballos, aintiff
If "./(!4.IU,c.y
~an carey ;,1
Attorney for Pl'bintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
'"""-'-,"",--N.""" ~ ~~~
Thomas Ballos, Defendant
..*., In (,
c l'~ .\
:.". .-: ,1
",' .
I < "J
I
C.:.' )
I
'"' \
.. J
"
.,
'" '.
..I
". I,) ....
"
".1
,'.
\'
"1
.' j
'"
1
,
,
,
"
,
'-.
"\
l)i
)
; I
III
III
~
H [,
11< tl.
lil: e r-::
~1 B
0 ~ .... ...., ~ III l tuE
~ .... c el
'.... It! C ~~
8 0 ..... +J 'C U 0 jl
~~ '.... c c: Ir ~ :5
l>~ ..... QI 0:: 0 I- ~~
'.... 0< o It! .... C '"
U...1 Ul..... oQl t>. >' ~
f<8< I 01'. UlC r" ~
VII!: H C t H Z Ii
0:
S~~ ....0 0-< ...' < c ~ g
OH < . H H 0
8 > it I1l Ul ...: .r l" '"
:> pC .1 ~
~I:i~ VI 0< ~ fl, C ~~
'" Ul f' [< i!
:~~ "' < <f 0
H I1l r u [J
.> ~ 0 "
OH < :r; ;,:
zu m E-<
.. ('" r I
. .. I
l. ~ '1
,j ~
",; "
/C"IJ,~:7 d~l (Y)t2;'./H<~tfl:/ -t. c;;4 ,d:p<~/
/C';IJ~~' '71:q~.; /M.Lf':4 Z; ?0#-
/tN3,lf' ,) " ('" .. , ;1
7 (&l~' 'J'2ld('<".! .".. ';lJf, /5d/,'" ~tZ .
YOU SIIOU\.D TAKE TillS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT IIA VE A I.A WYER OR
C ANN(),!, AFFORD ONE, GO TO OR TELEPIIONE
TIlE OFFICE SET FORTI I BELOW TO FIND OUT
WI-lERE YOl! CAN GET LEGAL III~LP,
Court Administrator
Cumberland County Court House
One Court House Square
Carlisle. Pa, 17013
(717) 240-6200
vs,
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY.
PENNSYI.V ANI^
NO, 9S-311 I 5 Civil Tcnn
BARBAR^ BAI.1.0S.
Plaintill'
THOMAS BAI.1,OS.
Dcfendant
CUSTODY
CIVil. ACTION - LAW
COMPLAINT "OR CONTEl\fI>>T AND TO MODlrr.illllllili
AND NOW, this 17111 day of Septembcr. 1999, COIllCS the Plaintin:
Barbara Ballos, by her (I((onley. Diane M, Rupich, Esquire. und respcctfully requests
the following:
I, The PluintiIT, Barbara Bullos. is an adult individual. who currcntly residcs at 721
Erford Road, Camp 1IiII, CUlllbcrland County. Pcnnsylvunia,
2, Thc Defendant, Thomus Ballos, is unudult individulIl. who currcnlly rcsidcs lit
629 Erford Roud. Cllmp I iii I , Cumbcrlllnd County, Pcnnsylvaniu.
3, Plaintifl'and Defendant are the natural parents of one child; namely:
Jenness Ballos. horn Novemher 8. 1991,
4, Attached hereto and marked Exhihit "A" is a copy of an Order of Court dated July
22. 1999 concerning the current custody arrangement hetween the parties,
5, Since the entry of said Order. the Defendant. Thomas 8allos. has continually
violated the ternlS of said Order,
6, Defendant has failed to notify the PlaintiO' of the name. address and phone
numbers of the day care provider, in that Defendant has changed day care providers
at least three times since the Order was entered on July 22, 1999,
7, Defendant and his wife have Ordered the Plaintifl'ofl' of their property. and has
yclled and screamcd at the Plaintiff. in front of thc minor child, calling her a. "Slut",
8. The Dcfcndant has failed to communicate with PllIintif'f in an lIppropriate fashion
-2-
I3AIUIAHA IJAf'I.\)[1{
I U 1 II I r r
1 N '1'111'; "(JIll,,!, (II-' 'U'(1~1l1()11
<W c: !'1JII';}\I,ANIJ U) NI{,
1'I,:tHl:~Y\.V/\tll/l
I'I.I-.A:;
V~.
1If), 'I')-\ill', ,'I V J I. TI':l<t'l
'I'1I0MAS BALLO,':,
Dr! I <mda lit
(:IVII. A':'I'1011 - I.AW
(;11:';'1'01)'1 IV I ~~ 1'1'11',' I uN
ORDER
fJW IJ:;'I, II,i:
~.Il
'j'l,
j.J'!\"I~
,l I / -I
upon l'-PVii:H ol t.rH' (:I~rll"il ld:"I' i 1;'I'IJ{'II, ,I .'rld',ll ill'l 111,'11 tltl!
parties IldV(~ (Jqn..:ud tu t I.(.! ttnUl:i dr. I I.f[")l;ii, r,~~ ut t IIi:; ~ll,JI_~t wtd\'11
Wo1t1 rlll'I..!t ,.j
1.llnt r prl':jt"L.'" .i11,J ;j~lpl\,'Jhj
ill
to,' .
"
1 hl:ffl dud
I 1.,[ :.
coun::Hd, it l~i hl'l"!h'l (Jf,tHl"l!d flll,t ,lj~I~I";' 'l'i
illll','J.t:
1 . AI I 100i, I flr'!l.r:-j l'fd 1!'I"J i ij 1 [Ii . , ,1: ,Jl " '1\' ..
2, 'l'hl~ f,il'I. il'., ,';11.11 I :'il, II " J"I'oI 1 " :\ '1',' I rl': I I 11.1 Ii!
(:11 j j.J, Ij'r.rll!.l.-, I1"J I, "!, 01, 1.11. IJlj'.'ll.f,101 'l' ", 'Pll ,
'j,
l.I'1 ( '1 fill
t liP :;1. ~tll""1 1
. ) II. I -~ I
I '. i t ~ II \ I
tl I'., f,j"l"'J:
','1',1'
! .;.'"
, ,
1 , . 1'/
I h.. /I., I j 1 '~l: 1 I
.1
. J j
.'1
; ,
[ld rt id ! \.U:)l , ',1.1':, dlld vi .. ;t ,It, i, I' Iii r I, tl. t I,cr I:.> 1 , J ,/ ..
/\ , 'II i . '" I. J I I 1;1 1,';1 , I "~Ii I,' . I P, 1'1 1-1'/, d~ ~II j i i, ,i'
, , ,
fi .1 r" I ':I,,.: I I ,I , I.' loti , ,I . , , ",11 , "
,',Ii.. I , ,I , : 'Iii ; .r;.
,
I ~ . I Ii, \'j, ,II, j , " " , .. ," : , I I I, r, i
.
II" l"tl; I, II Ii,
11, I ; I I "f I ~ Ill' l" I !
,;,
"
LI I;'
l,tll.
":XIIIIIIl' "A"
4.
llll' illlJ
till ~~UnUlll.'l oJ
1 "IJlj, 1 tl'! :;l.tll~l hl1 t! :ihd III ii' .1:;
lullow:i:
A. F'dt.tltJt ~lld II lIdVt. ('IJ:iLudy ul 1111' l'tI i Id Ullt i I .Iq 1','
~J. /1 .. !-lutlll" ,;l,d 1 1 t'dVf! I J~ \ r i 1)1 j:i .,\ I'dll i, Ii \'lJ:il I ill','
dud vl~ildti"lI Lill ,Ii J f!r1ldt i lit) Will! kl tn{1~i 1 r (.JIll 1'1 lIt.}'.,'
.'
.': ~! I r. III .
11Id II
.j: ~ () fl. tH .
'Ihl:i
: ~ i 111' I, I ., . I !
dll f-~trl'lt inq W(~l!b~rld ~il'hL,.julp :311111 I~C\IIL!lit!tlL"! orl lli\.~
_.......'uot ~.f. .'Hun ~t,'I. (u',tll IUfIO-tII.." t-hll tl~1 Htl,tll
r'.:lvP (-'Vllf'r' \"(!dlll"~ilLI'1 (!VI.!(ltlllJ, .It \.Jhil'h I ill\l.: ~he
"I'dl
I,ll k the I'Li 1,1 up .-it dd','\~dll!, and rut.urri till;
<:Iii IJ ,tl l.i: HJ I' ,111,
B. Hld.tlt!f :~hdll ltd'!" 111'-' ,'Id 1,1 \'I'l!llIIPlll:illl) ,IIJly :<~It
11I.lll '\ll'IIJPJ
If(
1,,,1 I,,,,
:11 II
II, I Vi' I tl" ,'11 i l.f I Jf l
d 11 f!f r,dl i IIIJ \'il'P~',1 'Ii j:; llUlll
i j J,' .J! ,I: LId p .11l. i~ld i
~~IHldl'; 'It 11: ~(l II.f1,.
Thi~, dlt-'..'lll,d illq Vjl'l.t:I~II.j ~Jh,'ll
,~("'IlU(lPJil'I_" ()Ii JiJ 1',' Hi'
flddit i',ll Ii 1',', I.',dh", :ll'dll
lid'il"! 1.!Vt:t'/ TLlll~,jdY t!vI'llinq J 11,1:1 1:(1l) (1.11I. \lilt i 1
c.
fi: ~o 1\ .111.
1 j"'./lll'] l II'.: '" j,11. ,I il;' \;"_'1 LI'II I, 'III' (Idl t il.':' ~,hdll
I'id' III' wil h 1.1", ,,:Iwol ,;,hl,dul.',
HLl hI'! clql<!l!:1 Lu
\J.': lIt ll~ I j,J '/\ " II t'
",)....idpl l'IJllt'ril 1'/ t~I(:iII'J l1~)(!d by
1'111..
, I
II I I' " ,)1 i". r ~J I : iI' 1'111":.
';t,;
~ J .
I ) II r i Jill I 1]1' : ; lJ 11 ,II ~ I' I
Ill' Yl ,if
[did .d;
I r! ! hI! :1\jllllflt! r~~
'Lt.!I: II! I It
t I" 1,,1/1 ,.
llfl"
!1.II"
Ll'
.;, UllJllI! r
Vdl~dt itl/l wi III 'Ilt~ I tlll,j
r! .j \JI,(q {.fl \.JI'.'k ,d
ll.I:li,; IltJf!i
I.'L i,I'I,/ ,J' ',:1)(,; 1,.111.
'III' 1,,1 j'.,...III'
VI 1,J 1/ II I,: (i; j I,lL,
Thp 1\1:11 \b'l't. ~111,d
l.lll tl...1111'1' '; .II.,
:-:11,,1
rt II i ; I I, \ '~ h' j I I,
'Ii.. 111;'1
III 11111<1'
III ill
fl'\I',I.;1
IlJi I w"..f. 1 I I "w III I
t1\:hUul.
("
'Ill" 1'11'1'
I 111 'I t 1, d] t"1 II..t I' I hi' HI,~ 1",1 lid: i 1..','.
It. ,",
hi ,} j!t l'/
III'
Plli'l ,II' I:Jl"j ,I.
I!. lId';' Ii" i I" I, III \1 I I' II
Lvn dl.,J <j,I',' "II I L.j~:il t,t
1'Ili:~ illl'-~I tl.it Jill} ;;', lil"!IJlc' :-111,11
b(!qill HilL t.J..II,"1 tl_J\'ilii llllllk:iIJivifl'
II. I ""'j ,III'] "Ii..1 I
dllullldll! !lll!II'dJtl.'1
;:11',:1_' 1,1.'1 il j~J \d ! dlt j,jj ,'\J.;ll,'1V
3tt,J J 1 t", I J' l,i q: lll.i oJ. fl
, j r i' i i 1\:' I i ~;. t ,I .
'7,
/ I' I f II' j ,;I.l~ 11 '11'_. i 'II I l, j
HI>! 111'1 ;,1,.1 I
r I , I '1 \' I ~ \/ I ' f 't'
tlf 1,-IIP',1
1:-; 11'11;lil;a',
11,)111 :;,.t,
, I ~. t If' f i t--1 I. 111~' 1
JIll ili': I!
I'. fl"
1)1.'1
I,ll 11' 111 .... 'I t. Il!ll I
! I
! P, I
:i ii 1,1;1.
ll';!' ,1,
(),1 '/ II r. 'Ill I : ("
I,
11, J j
t, I'."" It i
.!I:,
:i)\, II.!!L,
't" r
I,' i
, ,
Ii' I I' t I r i ,-~ 1 I!. I,:
II', '
I:' I JI 111'1
~ .
I ,I Ii."
I jl I I';:
Ii I I I L.lvP
Ii Ii
1'1'
I I, 1 t. 1 1 ~,(, I
f,'1
',1, 11"'1 '
I'll
III l.Ji
"
I \', I ,.
,"11,
11.1' I'
L'\L~jt ,__..-J'I ~L'I.
\: ';11 I,i'.
I,'
I ('IIi t:; \ i ,j. ['I.
'~ I
l'tll-l " II III
LdJ Jill'II'1 I ltl'! \tlli 1':; 1'111111<11
I,ll I,,,,
:.:.11.1 II L 1'/" I til'
I,i II'
ii' t J 11'/ 111 j ,'I. II j' J j i
>ll J ','.:o,j 1:1
't,I!11 Jll; J
! :,'
j" ,J1
. I
"
1-;
! I,'
I,
. .
J', I
(11
I',! I
.
.!
I
'I,
f II'
II
,,;' ,
.;
I .110,
I,
,< Ii
TIIOMAS IIAI.1.0S
PLAINTIFF
V,
IIAIUlARA PRA"lT
DEFENDANT
IN Till, ('()I Iln (lI' ('( lMMON PLEAS OF
('IIMIlI'IU.ANIl ('OIINT\', PENNSYLVANIA
<)5-3015 ('I\'IL,\(TION LAW
IN ('lISTIHlY
illUU:Jl OF ('OI'IrJ'
AND NOW. Ihis 31ST duy uf _~lIuary:_ ' 21l1l I, upun cunsidcration ofthc uttuchcd Complaint,
it is hercby dircctcd thatthc partics ulllllhcir rcspcclil'c cOllnsd uppcm helill'c ,Ilawn S, Sunday'. .:iq, . thc eonciliut
01 39 Weil Main Slreel. Mechanlnburg. I'A 17055 ... un the_.. Hlh day' of "ebruary' . 21l1l I, at \I :00 a,lll,
for 0 Prc-IIearing Custody Confcrence. AI such cunlcrcncc, all cfli.r\ Will he Illadc to rcsolvc thc issues in disputc; or
if this eannol bc aeelllllplishcd, 10 deline und narrow Ihe issues 10 hc heard hy the courl, and to cnter inloutcmporary
order, All ehildrcn agc livc or older muy also he present allhc cunfcrencc, Fuilurc to ullpcar utthe confcrcnce may
provide grounds for entry of 0 lcmporary or permunellt order.
FOil TilE ('Ollln.
Ily: ....!.~/,_.___DiI'U.!IIS....sI/UdflJ'..Esq. fjJ
('lIsllldy Cunciliulur
'111e ('ollrt of ('llIlllll0n l'lcus uf ('lImherlullll ('ullnty is required hy low to comply with thc
Amcrieans with Disabililes Act nf I <)l)Il, For illlill'll1ulilln Uhllut ueccssihle facilities and reasonablc
accollunodalions availahlc to disahlcd illdtVllhmls hal'lng husilless hclilrc lhc court, plcasc cllntacl our oflicc,
All urrangements must he madc utlcast 72 hours prim tll uny hcuring m husiness heli.rc thc court, YOllmust
uttcnd thc scheduled conl'crcncc llr heanng.
YOlJ SIIOlJJ.I) TAKE TillS PAPI;1l TO Y()lJI\ ATlllllNIS AT ON( 'E. IF YOIIDO NOT
IIA VE AN A(TOIlNEY Oil ('ANNOT AFFOIUl ON)" (jll Tll Oil TI:LEPIIONE TilE OHI<'E SET
FOIlTllllaOW TO FINIHl\JT WIIEIlE YOII ('AN (iFIIHiAI.IIH.P,
('lImherlul1ll ('ullnly liar Assuctulion
2 Llhcny 1\ venllc
l'udisle,P"llIIsyhulllU 171113
lL'lcphlllle (717)2-1')-.1166
I
,
I
j
I
,
,
.
THOMAS DALLOS,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
v,
DARDARA pRA IT.
Dcfcndant
.: (; "
NO, 95-31w.i CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW. upon consldcration of thc allachcd Pctltion. II is hcrchy dlrcctcd thatthc parties and
their respective counsel appear before
, located at
on Ihe
day of
,m, for a Contempt of custudy Conference, AI such
200 I. al
conference, an effort will be made to resolvc the issues in dispute or if Ihis cannot be accomplished, to
define and narrow the issues 10 be heard by the COUll,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VE 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 Dar Association
2 Liberty A venue
Carlisle,PA 17013
(717) 249-3166
FOR TIlE COURT.
By
,
TIIOMAS BALLaS.
Plaintil1'
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO.9S-30IS CIVIL TERM
vs,
BARBARA PRAn,
Defendant
CIVIL ACTION-CUSTODY
PElTnON I'OR (,'ONn:MPT
& MODIFICATION OF EXISTING
CIJSTOI)Y ORDER
AND NOW comes the I'laintill'to Pctition the Court as lollows:
The Plaintifl'is Thomas Ballos, an adult individual residinl! at 629 Erlord Road. Camp lIi11. PA,
The Delendant is Barbara Pratt, an adult individual residing at 143 Nicewonger Rood, Duncansville. PA,
There is an Order dated January 21, 2000. The Defendant has repeatedly violated the existing Order of
the Court and continues to create disturbances during non-visitation times that have allected my
employment. The following will oller clarity:
Ddendant f.lla to comply with Item II. Throughout the year 2000 summer Defendant
relused to provide names of the various daycare providen she used, On July 12, 2000. her
daycare provider failed to do her job in picking Jenness (our child) up from the Playground
Program she was enrolled in, This Jell Jcnness with no supervision lor close to half an hour,
Defendant f..lla to comply with Item 10. Specifically the portion that states" Mother shall
notify Father in writing at least onc wcek prior to the date on which she intends to exercise these
periods of time with her daughter during the school holidays, On the evening of November 9,
2000. Delendant catled and asked to pick up Jenness at I :00 pm, My reply was Jenness had
plans. Beforc Jenness and I made plans lor her day 011' we waited to here from the Defendant. I
received a leller dated and postmarked November 3rd stating Defendant wasn't getting
Jenness lor her Wednesday visit and she would see her tor her weekend visit on the 10th, There
was nothinll inlhe leller UlxlUt u time change. The intent of the letter was of normal pickup time,
The Defendant has contacted me severnltimes through my com puny e-mail and business
phone for non-emcrgcncy situations. evcn allcr Ilold hcr she should contact me at home.
E-mail dates: Septemher II, 20UOnt 7:30 am, Novcmhcr 10, 2UOOnt6: 1'1 am, November 17.
2000 at 3:47 am. Novcmber 20, 2000 at 4:45 am. If there is on cmcrllcncy pertaimnllto
Jenness then my cmployer would not have a problcm With me receiving e-malls. II0wevcr,
the Defendant has ht.'Cn using thc emailfor mokinlllidse accusations and complaints.
Modification: The Defendanl has relinquished hcr Wednesday visilations due the her relocalion
and I would hkc thc new Court Order 10 rellectthis. Also I would like to have the weekend
visits chanlled from evcry other wcekend to every fourth weekend, I'm rcquestinllthis chanlle
because of Ihe amount oftime Jenness is lraveling. Thc winlcr wcather conditions arc more
severe in Altoono and this puts Jenness at Ilreater risk. than when her mOlher lived a block away,
I)rior to Defendants relocation she was in favor of making this very change, Wc further nced 10
evaluate tbe custody order to incorporate the fact that Jcnness has ADlID. A person with ADIID
needs a con.l.tent and structured environment, I would like for lhe Defendant to explain how
sbe plans to arranllc lor this in her summer visits.
Wherefore, I respectfully request Your Ilonornble Court to schedule 0 Contempt of Custody Order
hcarinll so thotthc above violations and changes and their respl.'Ctive penalties be reviewed and
administered pursuant to Pennsylvania Custody Laws and at which time an appropriate Modil1cation to
the Existinll Order may be entered to allow lor more consistcnt and structured visitation schedule a. a
result of the Defendants relocation.
Respccll'ully Submiucd,
_ n. Ir_
,,')-~o-,..\i;:'~~
January 16, 20(H
Thlllnos 1101105
I'laintill'
629 Erlilrd ({nall
Cllmplhll,l'A 17011
I vcrify that thc statcmcnts madc in this \:omlllainl arc truc and COffi.'Ct, I undcrstand that false
statcmcnts hercin arc made suhjc\:t to thc penaltics of 18I'a.l'.S. 4904 relating to unswom flllsillcation to
uUlhoritics,
_~n~c,b,~,~,
Plainliff
\-: l~,:-,Q.J
Date
n
,
'"'
-);
(,:,,'
t<,
L,
.)
L
.~
;P',
;-,
..
I
""
f :.'
"
,.'
,
I
..'
/' /l't11
1/t't'1
~lt/ {~I ;d'..h~ 12 r;Jt' " "tj.tr,
(~ )11'~L-o./.?} "-1, ~~M-ry
).
I/lN
....,-
BARBARA (BALLOS) PRAlT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3015 CIVIL TERM
CIVIL ACTION - CUSTODY
v,
niOMAS BALLOS,
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, It is hereby directed that the
parties and their respective counsel appear before
, located at
on the
day of
2001, at ,m. for a Contempt of 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.
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 FORni BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
FOR THE COURT,
By
BARBARA (BAllOS) PRAlT,
Plaintiff
v,
THOMAS BAllOS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3015 CIVil TERM
CIVil ACTION - CUSTODY
PETITION FOR CONTEMPT OF CUSTODY ORDER
AND NOW comes the Plaintiff to Petition the Court as follows:
The Plaintiff is Barbara (Ballos) Pratt, an adult individual residing at 143 Nicewonger
Road, Duncansville, PA.
The Defendant is Thomas Ballos, an adult individual residing at 629 Elford Road, Camp
Hill, PA,
There Is an Order dated January 21, 2000. The Defendant is repeatedly violating the
existing Order of the Court (as early as the first month the new Order went into effect) and
continues to digress almost on a monthly basis by deliberately preventing the Plaintiff visitation
and access to their minor child, on such occasions as follows:
December 22, 2000:
November 10, 2000:
September 6, 2000:
Violation of IlIlm 3A- FAILURE TO ALLOW COURT
ORDERED VISITATION
Violation of IlIlm '-RESTRICTED ACCESS TO THE CHILD
DURING SCHOOL HOURS
On a court ordered visitation day, Defendant removed child
eariy from school without notifying Plaintiff of whereabouts
and Defendant ordered the school not to allow early dismissal
of the child to Plaintiff although Defendant exercised this right
on this date and prevented Plaintiff access to the child,
Violation of IlIlm 10-FAllURE TO GIVE MOTHER FIRST
RIGHT OF REFUSAL TO PROVIDE CARE
Defendant ignored Plaintiffs request to have visitation with
the child In favor of Defendant's current wife taking the child
shopping.
Violation of Item 11- FAilURE TO NOTIFY OF CHANGE OF
CHllDCARE PROVIDER
,.
Defendant changed the school year chlldcare provider
without verbal or written notification resulting In restricted
and disrupted access, visitation, and undo stress to the
Plaintiff.
On-going during 2000: Violation of Item 12. FAILURE TO ALLOW UN MONITORED
TELEPHONE ACCESS
Defendant prohibits child from calling the Plaintiff collect and
Defendant or his spouse monitor the calls that the Plaintiff
places to the child to the extent of telling the child what to (or
what not to) say to the Plaintiff,
Wherefore, I respectfully request Your Honorable Court to schedule a Contempt of
Custody Order hearing so that the above violations and their respective penalties be reviewed
and administered pursuant to Pennsylvania Custody Laws and at which time an appropriate
Modification to the Existing Order may be entered to allow for a more feasible visitation
schedule as a result of the Plaintiff's changed circumstances due to relocation,
Respectfully submitted,
December 31, 2JOO
I ).
, , iJ' )
I ' \ I
/a.U~r~'(~llb~) P~~
Plaintiff
143 Nlcewonger Road
Duncansvllle, PA 16635
.
BARBARA (BALLOS) PRATT,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
95-3015 CIVIL TERM
THOMAS BALLOS,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 23rd day of April, 2001, our order of
January 21, 2000, is modified as follows:
1. Pal'agl-aph 3 is replaced wi th the following:
During the school year, Fathel' shall have primary
physical custody of the minor child subject to pel'iods of
partial custody and visitation with Mother as followsl
A. Mother shall have custody of the
child the thil'd weekend of every month from 7: 00 p,m.
on Friday until 8:00 p,m, on Sunday, The visitation
shall commence with Father delivering the child to
Mother at the McDonald's in Lewistown, It shall end
with Mother returning the child to Father's residence,
B, Weekend visitation in May shall always
fall on Mother's Day weekend,
2, The following sentence shall be added to
Paragraph 5:
"Each period of custody shall begin and end at
1:00 p,m. on Saturday, with each party picking the child up at
the other party's home to commence his or hel" visitation,
Father shall always have visitation on the week in which
Father's Day occurs,"
3, The following pl'ovision shall be added:
14, The parti"B 13ha11 keep e,lch otllel' advised of
any and all medical tl'eatment, including CtJIIlJuel in~, which the
child undel'lloe8, FIH\:h"l, r'1ul: I1r, l' ul1,"111 b,.' 'Jiven the opportunity
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-3015 CIVIL TERM
BARBARA (BALLOS) PRATT,
Plaintiff
THOMAS BALLaS,
Defendant
CIVIL ACTION - LAW
IN RE I PETITIONS FOR CONTEMPT DISMISSED
ORDER OF COURT
AND NOW, this 23rd day of April, 2001, after
hearing, the cross-petitions for contempt are dismissed,
By the Court,
Barbara Pratt
143 Nicewonger Road
Duncansville, PA 16635
Plaintiff, Pro se
Edward E, Guido, J.
Thomas Ballas
629 Erford Road
Camp Bill, PA 17011
Defendant, Pro se
<< 0\
~<t-V
srs
(i.Ji,~Ll ~t<"
L{.lS 01
Sheriff '-/I(i.....1
,.
.
.
.
.
.
,
.
.
.
.
.
.
.
#
.
)
.
.
.
..
..
-
.
.
.
.
.
.
4
f
.,
. ). '."
1.
, I . I i
! ..
I '
\
I 'i i'/; /1
'h
, (Y./~ /.
I"
f
I
'I'
til
(_~t ,.',
I
/
) j, .Jj
f I
, i" ,
,
, , (l i ,,"'e'