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HomeMy WebLinkAbout96-03528 ,L\cu.t\1."tl....n..'~.6 JOE JEFFRIBS, JR., Plaintiff v. I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PENNSYLVANIA I I NO. 96-3528 CIVIL TERM I I CIVIL ACTION LAW I CUSTODY ACTION VICKI L. JBFFRIBS, Defendant ANSKER TO CUSTODY COMPLAIHT AND HOH comes the defendant, vicki T... Jeffriee, by and through her attorneys, Stone LaFaver & Stone and sets forth the following answers to plaintiff's Custody Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admit tad. 5. Admitted. 6. Admitted. 7. Denied. By way of further answer, the child has lived her entire life, the past nine years, with her mother. The father has had only four(4) contact visits in the last eight years since the child was eight months old. These four contacts took place in late 1995, early 1996. There has been no evidence or showing of good intent in the last eight years for any contact or monetary support on the part of the father. 8. Admitted. -1- 9. Denied. By way of further answer, the parties did sign a stipulation in the office of the plaintiff's attorney. However, the defendant seeks to quash that stipulation in a petition filed before this court on the grounds that defendant was lied to and coerced into signing this stipulation without legal repreeentation to advise her. NEW MATTER 1. Defendant avers that the best interest and permanent welfare of the child will best be served by granting the defendant primary physical custody of the child because (1) the mother haa been the primary oaretaker of the child, (2) the mother can best provide for the physical, emotional and spiritual best interest of the child and (c) the father has demonstrated that he is incapable of providing proper care for the child. WHBREFORE, defendant requests the Court to grant primary physical custody of the child to the defendant and visitation rights of the child to the plaintiff as may be reasonable under the circumetances. Respectfully submitted, STONE LaFAVER " / / STONE l -----; uire By .-: Elizab~h B. Ston I.D. 860251 414 Bridge St., P.O. Box E New Cumberland, PA 17070 Telephone: (717) 774-7435 Attorneys for Defendant -2- . , '" 1-' I I III' . , ., I: i (J rl,: r.. .., 'I' l"! I r. . I .. , ~ I ::J ,'II. " ., ..,') .1 U '1\ , .) J;ij ~INO.LS 'OOh .LSNIVDV N3~V.L 38 hVW .L~OVd30 A8 .LN3WDOOr ~O d03~3H 3DI^~3S dO a.LVO 3H.L WONd ShVO O~ NIH.LIM ~3.L.LVW M3N S,.LNVON3d30 3H.L OJ, A~d3~ V 3~Id O.L 03NI003N 3NV nOh .LVH.L 3DI.LON 3~V.t 3SV3~d ~.ft '. --~-_._._--_...- .."-".. -...... - -.----. . *.- ------------.-- ....--. ---.-- - --~ . z lJl": ~ ..:> ~>l H ..: Pooen o-l Z~:E "" +J ~ ~p., ~ "" I:: 0 '.... III U +J 'tl a - -1'1 -I:: i>< u~~ .,.... 12~ Q r.. > ~~ H III ~ a H p., ~Q en au - . e E-<U 12 I> r.. ~~~ H ~ ~ a 1Il ~ u..:"" . o-l I r.. o-l E ~gj~ I'l .., H z~o I><: en I'l U Z a H ..: H tL !:: - , , . ".___"__h..._.__~. ._____.___ .. --- ---~--.--- .------.-...0- ~ ~ ~ ~ i!!!l ~qr ~ h:; ~ 7. ~ ~ ~ .. = . .. ... ~ v. IN THE COURT OF COMMON PLEAS 0.' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOE JEFFRIES, JR., Plaintiff VICKI L. JEFFRIES, Defendant NO. 96-3528 CIVIL TERM AND NOW, ORDER OF COURT this 2. 'b1~day of June, 1996, upon oonsideration of (1) Plaintiff's Motion [for a custody order in aooordanoe with a stipulation], (2) Defendant's Petition for Emergency Relief, (31 Defendant's Petition To Set Aside and Quash Plaintiff's Motion and Stipulation, and (4) Defendftnt's Reply to Plaintiff's Motion [for a custody order in accordance with a stipulation], these matters are referred in the first instance to the custody conciliation process. THE OFFICE of the Court Administrator is requested to facilitate the scheduling of a custody conciliation conference pursuant to this Order. BY THE COURT, I!I/~ J Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 Attorney for Plaintiff Elizabeth B. Stone, Esq. 414 Bridge Street P.O. Box E New Cumberland, PA 17070 Attorney for Defendant C',.,r'" '- J~ ...~~ ... (t,.l. ( !.JX 11'- ' ..!I;f'. . ,., r "., I ,.. '.'~ ".'.1 , ') Court Administrator 1'/'" , /, .', wi",.,,. ,( />1'/", , I :;'J~ I " I . ,II ..J 1'.1 :rc 4 c JOE JEf'f'RIES, JR., Plainti ff IN THE: COURT Of' COMMON PJ.EAS Of' CUMBERLAND COUNTY, J?E:NNSYLVANIA CIVIL ACTION - LAW vs. VICKI L. JEf'f'RIE:S, Defendant NUMBER: <]4 ~~. J i' (}"~" 'U,.., CUSTODY MOTION NOW COMES the Plaintiff, JOE JEFf'RIES, JR. / by his attorney, Charles E. Petrie, and respectfully represent as follows: 1. That Plaintiff is JOE JEf'f'RIES, JR" an adult individual, currently residing at 105 King Drive, Greenville, County of Green, Tennessee. 2. That Dofendant is VICKI L. JEf'FRIES, an adult individual, currently residing at 1606 Locust Street, New Cumberland, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of a minor child JANELLE F.:LIZABETH JEFFRIES, born January 29, 1968. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor child, and the said Stipulation is attached hereto. .. . The mother of the child is VICKI L. JEFFRIES, who currently resides at 1606 L~cust Street, New cumberland, Pennsylvania. She is married. The father of th(~ child is JOE JEfFRIES, JR., who currently resides at 105 King Drive, Greenvillu, Tennessee, He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the child and with his girlfriend, Tracy Jeffries; and her two children John JeUries, age 6; and Samantha Jeffries, age (;. 5. The relationtihip of the lJef'mdiHlt to the child is that of mother. She currontl y res ides with her boyfriend, Roy Hicks. 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 in another court, The Plaintiff has no information of 8 custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to ~he child. 'I. The best lnterest and permanent welfare of the child will be served by confirming rights of primary physical custody in Plaintiff. B. Each parent whose parental rights to the child have not be~ terminated and the persons who have physical custody of the child have been named as parties to this action. ,. ,... ~ ,,-:;'. i .. UI' \.>1 1') , h~ I u.. ~). Iii (,1 ",'.J II ! L " I' t.:) I' ,," U '-" ~--1 \. 'i ~ .~''''' ':'j ~~ .; \"'~, " ;~'-J~ ,,; ~ ~ \r) , ..; ::t-- ~) ':::f.. ">) "'" .... 1(1_ ~ ':1 . ....) ~:) ~ 1'-, '::;.: ..,:> 'oJ ~~ '~ ~',J ~ - - F:: - ~ ! il ~ ~ ; i~. ~ ...l ~ Q:I t:l .... ~ ~~ Ei ..., III ~ r.c . 'l'cU.t"."~l....n..'_'1 . JOE JEFFRIES, JR., Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96-3528 CIVIL TERM I I CIVIL AC'rION LAW I CUSTODY ACTION v. VICKI L. JEFFRIES, Defandant ANSWER TO CUSTODY COMPLAINT AND NOW oomes the defendant, Vicki L. Jeffries, by and through her attorneys, Stono LaFavor & Stone and sets forth the fOllowing answers to plaintiff's Custody Complaint. 1. Admitted. (, "I t' 2. Admitted. .', ,I '. I 3. Admitted. ' , I , ,~ ',I : I .~. j " 4. Admi t ted . .I) 'J " , ) 5. Admitted. ,III 6. Admitted. . ~: " ,":.. , ' 7. Dsnied. By way of further answer, the child has lived her entire life, the past nine years, with her mother. The father has had only four(4) contact visits in the last eight years since the child was eight months old. These four contacts took place in late 1995, early 1996. There has been no evidence or showing of good intent in the last eight years for any contact or monetary support on the part of the father. 8. Admitted. -1- . 9. Denied. By way of further answer, the parties did Bign a stipulation in the office of the plaintiff's attorney. However, the defendant seeks to quash that stipulation in a petition filed bafore this court on the grounds that defendant waB lied to and coerced into signing this stipulation without legal representation to adviae her. NEW MATTER 1. Defendant avere that the best interest and permanent welfare of the child will best be served by granting the defendant primary physical oustody of the child because (11 the mother has been the primary caretaker of the child, (2) the mother can best provide for the physical, emotional and spiritual best interest of the child and (c) the father has demonstrated that he is incapable of providing proper care for the child. WHEREFORE, defendant requests the Court to grant primary physical custody of the child to the defendant and visitation rights of the child to the plaintiff as may be reasonable under the circumstances. Respectfully submitted, STONE LaFAVER & STONE l By ~ Elizab h B. Eton uire IoD. 1160251 414 Bridge St., P.O. Box E New Cumberland, PA 17070 Telephone: (717) 774-7435 Attorneys for Defendant -2- (.' -1'QPua;Ja~_.]li~~~U']OHV hEl " \ --" ~__'____n.'''~_'~'--'~ , 3NO~S , M3hVd'Q7 3NO~S 'OOA ~SN1VDV N3~V~ 38 AVW ~7nVd3a AS ~N3WDaor MO J03M3H 3~IhMas dO a~va 3H~ WOMd SAva OZ NIH~1M M3~~VW M3N SI~NvaN3d3a 3H~ O~ A7d3M V 371d O~ 03M1nOSM 3MV nOA ~VH~ 3~I~ON 3~V~ 3SV37d ..~_.. _n..__._____._____...........,......._. .... - - ~._..~.-.-...._...._--,. ..------ (I) ;J:; ~ iil!>l H VI .... .... j ~~:I: .... I: Ii: ~~~ 'M III ..., 'C 0 I: I: U 8 ~ "M ~Q) i>< ~~~ . III ~~ r;~ Cl o :> H Cl ~ H ~ E-;OU . ~uoo 12 e O~N H . tJ lJ'l ~ ~ 0 ..;", , E-; f:J 0-1 I 0-1 ~ E-;!:1:;'; H ~~ , I'l ti ~ 0 0 H ..t.L.6; , .~"'~=.I')._._..:,:~ :> ..-. _.Ou ___ , .._'=:r:=:-.-"'. -..... .--, '..... - .-..-..--- . .., ..... ..... --,.... ..~. -- .------_.. ._~... ~-_. ~ ~ ~ ~ oil n 8 ~ P.lpH ~ ~ w 3 gin ~ .:3 ~ d ~ c. :0\. ~ ~ . III . . . " ,11."1-:. '..\"'.\\,EU 1(. STf)NJ~ ", lorUH ('; IIr f ^W II 1'1'/"" I' GII11:L r ....1\. 'I '-Iltl III \NIl. 1',\ 111.170 :; II, I I, JOB JBFFRIBS, JR., I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96-3528 CIVIL TERM I VICKI L. JBFFRIES, I CIVIL ACTION - CUSTODY Defendant I ORDER or COURT AND NOW, upon review of Petitioner I s Petition for Emergency Relief, custody of Janelle Elizabeth Jeffries is hereby awarded to Petitioner Vicki L. Jeffries until further order of court. BY THE COURTI J. ~l'cu.t'j.ff~l...r.L'I~" JOE JEFFRIES, JR., Plaintiff v. IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3528 CIVIL TERM VICKI L. JBFFRIES, Defendant CIVIL ACTION CUSTODY PETITION FOR &NERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURTI Petitioner, Vicki L. Jeffries, by and through her attorneys, Stone LaFaver & Stone, respectfully represents as followsl 1. Your petitioner is Vicki L. Jeffries who resides at 1606 Locust Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The reflpondent is Joe Jeffries, Jr. who resides with his girlfriend and two illegitimate children at 105 King Drive, Greenville, Green County, Tennessee. 3. The respondent has filed a complaint for custody to the above term and number Beeking custody of Janelle Elizabeth Jeffries, age 9, born January 29, 1988. 4. The petitioner and respondent are husballd and wife although they have been separated aince 1988. No complaint in divorce hae ever been filed either in the Court of Common Plea,s of Cumberland County, Pennsylvania, or anywhere else to the knowledge of the petitioner. 5. ~he petitioner and respondent separated on or about September, 1988 after months of abuse, both physical and emotional, by respondent -1- on petitioner, efter whioh tinle the said ohild haa resided with the petitioner and has oontinued to reside with the petitioner until June 21, 1996. 6. On or about December 25, 1995, respondent oontaoted petitioner after nine(9) years of no contaot and asked to see his daughter. Prior to this date, respondent made no attempt whateoever, to either oontaot or monetarily support his daughter from his lawful marriage from 1988 until Christmas of 1995. 6. On June 21, 1996, reopondent, after enjoying one night's stay over with the ohild, telephoned petitioner and informed petitioner that hs wanted petitioner to sign a stipulation agreeing to full physioal oustody being signed over for the summer to respondent. 7. Sinoe June 21, 1996, petitioner has been unable to see the child or talk with the child and all attempts to telephone the child and the respondent have gone unanswered. Petitioner has only been able to leave a messages with respondent's live-in girlfriend and mother to his two illegitimate children. 8. Petitioner seeks an order restoring the status quo and granting temporary custody of Janelle Elizabeth Jeffries to petitioner Vicki L. Jeffries until such time as this matter is resolved by agreement or further order of court. -2- <, :11" . il' 'JI, ",' " ~ '. I tl , t t Ii ~ 'I II!, '11>, I ", , ,... ' ',' '''I.II(I.f'~I'I:l\ 'I, ;IJJ~l II)-flll,;. ;(1.1 I J I It , L ,I ~. I:;, '4 I'l, . 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JOB JBFFRIBS, JR., , I IN THB COURT OF COMMON PLEAS OF Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I V. I NO. 96-3528 CIVIL TBRM I VICKX L. JBFFRIBS, I CIVIL ACTION - CUSTODY Dehndant I ORDIR or COURT AND NOW, upon review of the Defendant's Petition to Set Aside and Quash Plaintiff's Motion and StipulatJ.on it is hereby ordered and deoreed that Defendant's Petition is hereby granted. BY THE COURT I J. f1\QUlt\,.f.rL...qu.\.... JOE JBFFRIES, JR., I IN THB COURT OF COMMON PLEAS OF Plaintiff I CUMBBRLAND COlJNTY, PENNSYLVANIA I v. I NO. 96-3528 CIVIL TERM I VICKI L. JEFFRIES, I CIVIL ACTION CUSTODY. Defendant I PETITION TO SET ASIDE AND QUASH PLAINTIFF'S NOTION AND STIPULATION AND NOH comes the petitioner, Vicki L. Jeffries, by and through her attorneys, Stone LaFaver & Stone, and respectfully represents as followsl 1. The petitioner (hereinafter also referred to as "mother") ie Vicki L. Jeffries residing at 1606 Locust Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The respondent (hereinafter also referred to as "father") is Joe Jeffries, Jr., residing at 105 King Drive, Greenville, Green County, Tenness~e. 3. The petitioner is seeking to quash the stipulation and motion filed by respondent before this court on June 25, 1996, whereby peti- tioner agreed to give physical custody of the below named child to respondent. ~ Janelle Blizabeth Jeffries Residence ~ born 01/29/88 Age 9 years 1606 Locust Street New Cumberland, PA 17070 The child was not bcrn out of wedlock. -1- For the paet nine yeare the child has reeided with the following pereon. and at the following addresses I A. From 9/88 to 6/90 Perry County With mother B. From 11/90 to 4/93 Lebanon, PA with mother C. From 4/93 tc 6/21/96 1606 Locust Street New Cumberland, FA With mother D. From 6/21/96 to present 105 King Drive Oreenville, Tennessee With father 4. The mother of the child is the petitioner/defendant Vicki L. Jeffries, reeiding at 1606 Locust Street, New Cumberland, PA 17070. 5. The father of the child is the respondent/plaintiff Joe Jeffries, residing at 105 King Drive, Greenville, Tennessee. 6. The petitioner has not participated as a party or witness, or in any other capacity, in other. litigation concerning the custody of the child in this or any other court except as noted in paragraph 7 below. 7. The respondent filed a Motion, Stipulation, Order and Com- plaint for Custody before this court on June 25, 1996. The defendant is unaware of any other custody proceeding concerning the custody of said child pending in a court of this Commonwealth or in any other jurisdiction. -2- 8. The petitioner does not know of a person not a party to the prooeedings who has phy.ioal oustody of the child or who claims to have custody or visitation rights with respect to the child. 9. The mother and the ohild have had absolutely no contaot with her husband, the respondent, in nine (9) years. There has been no support order in place to receive monies from the respondent. 10. On or about late October, early November, the father con- tacted the mother, requeeting to see the child. A two hour visit with the child took place at the McDonald's on Carlisle Road, Camp Hill, PA. This was the first contact the father ever made in nine (9) years. 11. On or about Christmas 1995, the father again contacted the mother requesting to see the child. The mother agreed to a visit lasting several hours. 12. On or about December 26, 1996, it was agreed by both parties that the child could return with the father to Tennessee for a week during Christmas vacation; the child had to be back before school resumed. 13. The father contacted the mother around Easter to see if the mother would agree to let the child vieit him in Tennessee for the summer. 14. The mother left this decision up to the child. 15. On June 20, 1996, the father urged and ordered the mother to aesign custody to the father for the summer, in case of a medical or emergency reason and also suggested that this would prevent the mother -3- from later changing her mind about the agreed summer plans. Further- more, father intimated that if the mother did not sign he would make things vsry difficult for her. The mother was told by both her husband, (the fatherl, and his counssl, that if the child wer.e unhap- py, she could be returned at anytime. 16. Believing both representations by the respondent's counsel and her husband, the mother signed the stipulation. 17. It was never agreed upon by the parties that the child would remain in Tennessee indefinitely with her father. 18. The petitioner believes that she was coerced, lied to, intimidated, and threatened by her estranged husband into signing the stipulation. See attaohed. 19. The intent of the parties was for a temporary custody arrangement. Not a permanent custody agreement. 20. The petitioner believes that it is in the best interest and permanent welfare of the child that respondent be required to return the ohild back to her mother. -4- .' . .... ~, I':) - , "I j " 'Jll. :>~ '.T' . , " I I' I' , , , t i~ ','; ",1 L: ,.~.. 'j ('-' ).. , L , ,jr\} I ~, J '.!o.. ", l:) ~.) '.1 (H ~) tl\cu.t".'tll...,.~...,. v. I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. 96-3528 CIVIL TBRM I I CIVIL ACTION LAW I CUSTODY ACTION JOB JBFFRIBS, JR., Plaintiff VICKI L. JBFFRIBS, Defendant RBPLY TO PLAINTIFF'S NOTION UD NOW comes the defendant, Vicki L. Jeffries, by and through her attorneys, Stone LaFaver & Stone and sets forth the following answers to plaintiff's Motion. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and Denied in part. By way of further answer, the defendant admits that she did sign the stipulation, however, there was not a meeting of the minds. The defendant denies that this stipulation was entered into knowingly, intelligently, and willingly. Further, defendant alleges that ehe was forced, coerced, and threatened by the plaintiff into signing said agreement. 5. Denied. By way of further answer, the defendant seeks to have the stipulation quashed and Bet aBide. A Petition for Emergency Relief is being filed in conjunction with this reply. -1- HBIRlPORl, defendant requests the Court to deny the plaintiff's motion requesting your Honorable Court to enter all order pursuant to the Stipulation submitted by the Plaintiff. Respeotfully sUbmitted, STONE LaFAVER & STONB ) By / " Bliza B. Stone, Bsquire I. .'6 51 414 Bridge St., P. . New CUmberland, P 070 Telephone I (717) 774-7435 Attorneys for Defendant -2- I k~fI') IW;~" I . :1~1 I . t ~ R R t;;"'II/~ . 11/ .( I ~ JdEso. ~ ~ Ol <I 11/ I:l Z I , ~iE~~~ ~ j g 0 ill !ll .. ~ :I I ~ 0 ~ .. .. IJ ~ ~ I Z - ..r \J } - ~ f. ~ J - JJiJ VI 11 . ,.:J cD \ J ~ I ' j ~ t 0M:;:I- , i' I , " ,. 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Plaintiff , V * V;CAi ! frill, 11"\ Defendant ORDER : IN TJ/E COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : tCIVIL ACTION - LAr., t '~ i ' J', :ND. I I,' CIVIL :CUS2'ODY/VISJTATION 19'/{ OF COURT AND NOr." this /( IA (date), tIll II /,,/'/, upon consideration of the attached complaint, it is herelfy directod that the parties and their respective counsel appear boforo i: t , I), , the conciliator, at 'I, ,;; '; I X I'. C '" I on the Ii day of " I, I , 19', , at I M., for a Prehearing C sto y 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~y the court, and to enter into a tempora~ order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attandance is not mandatory. Failure to appear at the conference may provide grounds for entry of a tempora~ or permanent order. , FOR THE COURT: ..... lJ / ( ) By: l. IN... , J., xt,;.i Cu tody ConciJ1iator ;';'/ 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717) 240-6200 6. The Plaintiff's position on custody Is as follows: Plaintiff requests that tha child be primarily with him, He agrees that the Mother should have visitation but only whun the Mother's boyfriend, Roy Hicks, Is not present, Thll Fathllr Indicated that he was unable to haVIl contact with the child since the child was eight months old because the Mother frequently moved, His first contact was Christmas of last year, He then, at Mother's request, obtained the child at the beginning of the summer and has kept the child, Through counsel, he produced a letter from a psychologist In Tennessee who suggested that there was some type of questionable practices dnd perhaps abuse occurring In the Mother's home, Primarily, this abuse was related from either neglect or from questionable prectlces by the Mother's boyfrland, Consequently, he would only agree to visitation with the Mother if the boyfriend was not present, 6, The Defendant's position on custody Is as follows: Defendant wes the primary custodial parent of the child from the time the child was eight months old until this past summer, Sho wants the child to continue In her primary care during the school year and suggested that the Father have liberal visitation during the summers and during the times when the child Is off from school. She dlsagraes with the Father's assessment of the summer switch in custody and indicated that she enly allowed the switch so that the daughter could live with her father over the summer, She denies that the child has been neglected in her care, 2 7. Need for $eparate counsel to represent child: None requested. 8. Need for Independent psychological eveluatlon or cOlJnsellng: The parties agreed to have e custody evaluation by Stanley E. Schneider, Ed.D., of Guidance Associates of Pennsylvania, 9. A hearing In this matter Is expected to take one.half day, 10. Other matters end comments: Father obtelned custody of the child for the first time since the child was eight months old at the beginning of this past summer, The child Is currently eight years old, Father maintains that he did not know of the Mother's whereabouts since the parties separated after the child was eight months old, and only found the Mother and child this last Christmas, Mother has lived in Perry County, Lebanon County, and Cumberland County since the child was eight months old, and at leest during significant stretches of the time when the parties were separated, received support. She ultimately did agree that she would not seek support from Father since he had little contact, She denies that she hid from the Father and it seems that given the fact that the Father was paying support during one stretch of time, that he could have known where the Mother and child were rssldlng, In any event, the Father obtained custody of the child In the beginning of this summer, The parties disagree as to what occurred with Father maintaining that the Mothef transferrad custody to him while Mother said that she simply wanted har3 daughter to be with the Father end egreed that It should occur during the summer months, There are outstanding motions thet were filed with this Court which were referred to the Custody Conciliator, Essentlelly, the Mother Is not agreeing thet she entered Into a stlpuletlon knowingly end WIIS not represented by counsel when she did 50 end suggested that she only signed the stipulation transferring custody et the Father's Insistence during thll summer months, The Father rei sed et the conciliation some concerns particularly with the Mother's boyfriend, Apperently the child has been seen by a psychologist In Tennessee. Father maintains that the child has been neglected at Mother's house, been subject to situations that may be categorized as abuse either through neglect or some type of behavior that was not appropriate, and that these were all releted to the boyfriend, He also indiceted thet the Mother drinks excessively end that Is another one of his concerns, Despite all these concerns that he raised, howevar, Father's position was that as long as the boyfriend was not around, that he would allow the child to live with the Mother during the summer months and during tho school holidays as long as he had the child primarily with him during the school year, This is an interesting position to take given the fact that on the one hand he 15 raising these significant fitness Issues, but is agreeing to have the child with the Mother for an extended period of time, 4 Mother has been the primary custodial parent for the child for assentlally all of her life. The child apparently has done well in school here, Mother denies the neglect allegations. Sha was amenable to the Father hevlng a liberal schedule so that the child can get to know her father, She believes that the child Is confused because the Father had not played a significant pert In her life, The parties did egree to hava an Independent custody eveluatlon completed, If the evaluation shows that the allegations made by Father are true, then the change In custody to Fathar may be appropriate with the proper guidelines Instituted for Mother's periods of partlel custody and visitation, If, on the other hand, the custody evaluation does not substantiate Father's claims, there Is no raason why the child should not be in the Mother's primary custodial care since she has been with Mother her entire life, The Father would not agree to any set visitation schedula pending a heering beceuse of his concern that the Mother would not return the child and the Conciliator suggested very strongly to the Father that he make sure that the child has contact with her mother pending the \learing, The Concllietor suggested further thet the court would take a very dim view of the fact that the Father would not take the steps necessary to ensure that the Mother had contact with the child given the fact that the child lived with the Mother for her entire life up until the beginning of this summer, 5 tJi ~ ~ ~ ~ ~ ~" p ... 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" ~1 "Iii,' , (,I' , , dl . iJ' -I' t'j .' . , ' , ,. I ' Y , . I , L 'r" , '1\cu.t\j."r~...Qrd\12_" I,,; II" VICKI L. JEFFRIES, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. I NO. 96-3528 CIVIL TERM I JOE JEFFRIES, JR., I CIVIL ACTION - DIVORCE/CUSTODY Defendant I ORDER OF COURT AND HOW, thia 1-1.:. ~L. day of '"D ~'-e.W1t.o~T , 1996, upon atipulation and agreement dated October 2, 1996, between, VICKI L. JEFFRIES, (hereinafter referred to aa "mother,") and JOE JEFFRIES, JR., (hereinafter referred to aa "father"), it .is ordered that I 1. The parUea, Vicki L. Jeffriea and Joe Jeffriea Jr., herein intend to revoke any prior custody agreementa, whether court ordered or otherwiae, and wish thia document to control with reapect to the parties' custody rights. 2. The partiea, Vicki L. Jeffriea and Joe Jeffries, Jr., agree to the following terma regarding custody of Janelle Elizabeth Jeffries, and requeat the terma be entered as an order of court; A. Vicki L. Jeffries shall have primary physical and legal custody of Janelle Elizabeth Jeffriea, born January 29, 1988. B. Joe Jeffries, Jr., sha 11 enjoy limited rights of temporary phyaical cuatody from time to time as the pa~tiea shall agree. C. The partiea agree that any schedule of phyaical custody or visitation ahall be discussed and agreed to between the parties. -1- 3. Mother agrees that she will be responsible for all health, medical and welfare costs associated with the minor ohild. Mother further understands that Father will terminate his medical ooverago of said child upon the acceptance of tho child into /1 new medical coverage plan paid for by the mother, her employer, or otherwise covered in an al temate plan. 4. Mother agrees not to seek any past, prosent or future child support from the father, t.hat mayor may not be availabla to her through the courts. 5. Any modification or waiver of any of the provisions of this agreement ohall be Elffective only if made in writing and only if executed with the same formality as this stipulation and agreement. 6. The parties desire that this 5tipulation and agreement be made an order of the court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common pleas of Cumberland County doos, in fact, have jurisdiction over the issue of custody of the child and retain such jurisdiction should circumstances change and either party desire or require modification of said order. 7. The parties F.lgree that in making this agreement, there has heen no fraud, concealment, overreaching, coercion, or other unfair dealing. 8. The parties acknowledge that they have read and understand the provisions of this agreement. Each party acknowledges that the agreement is fair and equitable and that it is not the result of any duress or undue influence. -2- , pd\.tp\j.Ur-1...CIII"_U VICKI L. JEFFRIES, Plaintiff v. , IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA , , NO. 96-3528 CIVIL TERM JOE JBFFRIES, JR., Defendant I I CIVIL ACTION - DIVORCE/CUSTODY , CUSTODY STIPULATION AND AGREEMENT THIS AGREENBNT AND STIPULATION, entered into this day and year htireinafter eet forth, is by and between, VICKI L. JEFFRIES, (hereinaf- ter referred to liS "mother,") and JOE JEFFRIES, JR., (hereinafter referred to as "father"). WITNESSETH, WHBREAS, plaintiff is Vicki L. Jeffriee, an adult sui juris, residing at 1606 Locust Street, New Cumberland, Cumberland County, Pennyslvania 17070, WHBREAS, defendant is Joe Jeffries, Jr., residing at 105 King Drive, Greenville, Green County, Tennesseel WHBREAS, a divorce action pursuant to section 3501 (D) of the Divorce Code has been filed by the plaintiff before this Court on July 5, 19961 WHBREAS, mother and father lire the natural parents of one minor child, Janelle Elizabeth Jeffries, born January 29, 19881 WHEREAS, the parties met with Michael Bangs, Esq., the custody conciliator, on September 5, 1996, in an attempt to reach an agree- ment. At that time, no agreement could be reached and the case is currently to be scheduled for a hearing before Your Honorable Court. WHBREAS, the parties now have reached an agreement concerning the issues of custody. 1. The parties, Vicki L. Jeffries and Joe Jeffries Jr., herein intend to revoke any prior cuetody agreements, whether court ordered or otherwise, and wish this document to control with respect to the parties' custody rights. -1- 2. The parties, Vicki L. Jeffries and Joe Jeffries, Jr., agree to the following terms regarding oustody of Janelle Elizabeth Jeffries, and request the terms be entered as an order of courtl A. Vicki L. Jeffries shall have primary physical and legal oustody of Janelle Elizabeth Jeffries, born January 29, 1988. B. Joe Jeffries, Jr., shall enjoy LIMITED rights of tempo- rary physical custody from time to time as the parties shall agree. C. Tho parties agree that any schedule of physical custody or visitation shall be discussed and agreed to between the parties. 3. Mother agrees that she will be responsible for all health, medical and welfare COstR associated with the minor child. Mother further understands that Father will terminate his medical coverage of eaid child upon the acceptance of the child into II new medical coverage plan paid for by the mother, her employer, or otherwiee covered in an alternate plan. 4. support through Mother agrees not to from the father, that the courts. seek any past, present or future child mayor may not be available to her 5. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed wi.th the same formality as this stipulation and agreement. 6. The parties desire that this stipulation and agreement be made all order of the court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County doefl, in fact, have juri.sdiction over the issue of custody of the child and retain such jurisdiction should circumstances change and either party desire or require modification of said order. 7. The parties agree that in making this agreement, there has been no fraud, concelllment, oV"lrreachin'l, coerci nn/ or other unfair deal.\ng. 8. The parties acknowledge that they have read and understand the provisions of this agreement. Each party acknowledges that the agreement is fair and equitable and that it is not the result of any duress or undue influence. 9. The parties understand that this document has been prepared by the attorney for the mother. The Father understands that he has the opportunity to seek any legal assistance or consultation prior to signing this document and willingly and knowingly signed said document knowing said rights. -2- ~ 01 c:: t .. I.~ ~ ~ ,\ '~ ~.f.': " ._~ .::.. ~:J r. "", . , ,~) ;1 'I t.... N I ~; fi:l': c..' itJ) ,;~.. ~I iQ. --I . ~ '0 :j .,., l) .