HomeMy WebLinkAbout00-01570
ANTHONY M. JONES, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - (5,0 CIVIL TERM
JULIE ERVIN,
Respondent
CIVIL ACTION--LA W
: CUSTODY
QRDER
AND NOW, this
day of
, 2000, upon consideration
of the within Petition for Special Relief and all other matters of record, Plaintiff's request for
temporary emergency physical custody of Anthony M. Jones, Jr. is GRANTED.
BY THE COURT:
J.
Dirk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
Julie Ervin
Respondent
1322 South Limestone S1.
Springfield, OH 45506
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ANTHONY M. JONES, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 00 - IS? D CIVIL TERM
JULIE ERVIN,
Respondent
: CIVIL ACTION--LA W
: CUSTODY
ORDER
AND NOW, this I b ~ day of 1112] c..~ ,2000, upon consideration
of the within Petition for Special Relief, a hearing in the matter is scheduled for the )3 ~ay
of "JYJ~~
, 2000 at 8': 30 !L-m. in Courtroom L of the Cumberland
County Courtholise.
BY THE COURT:
J.
Dirk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
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Springfield, OH 45506
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 -iS7 0 CIVIL TERM
ANTHONY M. JONES, SR.,
Petitioner
mLIE ERVIN,
Respondent
CIVIL ACTION--LA W
CUSTODY
PETITION FOR SPECIAL RELIEF
1. Petitioner is Plaintiff in the above captioned matter.
2. Respondent is Defendant in the above captioned matter.
3. Respondent lives in various residences in Springfield, Ohio with various adults
(including boyfriend) and others.
4. Child of Petitioner and Respondent, who is the subject of the above captioned action,
is Anthony M. Jones, Jr., date of birth October 29, 1991.
5. On or about the weekend of March 11, 2000, Petitioner located the subject child,
Anthony M. Jones, Jr., in Springfield, Ohio, where he was living in an apparent state of neglect
and mistreatment, and Petitioner returned him to Mechanicsburg, Cumberland County,
Pennsylvania.
6. Subject child, Anthony M. Jones, Jr., has resided both in Pennsylvania and in Ohio.
7. Subject child, Anthony M. Jones, Jr., was born in Carlisle, Pennsylvania.
8. Petitioner desires to enroll subject child, Anthony M. Jones, Jr., in the Cumberland
Valley School District, in which district Petitioner resides, and has been informed by the school
district that a temporary physical custody ordered is desired by the school district for such
enrollment.
9, Petitioner has filed for legal and primary physical custody in the above captioned
matter, in Cumberland County, Pennsylvania.
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WHEREFORE, Petitioner requests this Court to grant temporary emergency physical
custody of the child, Anthony M. Jones, Jr., or to schedule a prompt hearing on the matter and to
thereafter grant temporary emergency physical custody of the child, Anthony M. Jones, Jr., to
Petitioner above pending a full hearing on the custody matter captioned above.
Respectfully submitted,
Law Office of James K. Jones, Esquire
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Thr . erry ~qUire
Attorney for Petitioner
7 Irvine Row
Carlisle, P A 17013
(717) 240-0296
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I verifY that the statements made in this Petition are true and correct to the best of my
knowledge and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities.
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Anthony M. Jones, r. /
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ANTHONY M. JONES, SR.,
Petitioner
v.
JULIE M. ERVIN
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-/570 CIVIL TERM
: CIVIL ACTION--LA W
: CUSTODY
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certifY that on this day the Petition for Special Relief
was served by first class certified mail, postage pre-paid upon the following person:
Julie Ervin
1322 South Limestone Street
Springfield, OH 45506
Date:
3 }/c::, /06
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ANTHONY M. JONES, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JULIE ERVIN,
Defendant
NO. 00-1570 CiVIL TERM
ORDER OF COURT
AND NOW, this21~f day of March, 2000, upon relation of Dirk E. Berry, Esq.,
attorney for Plaintiff, that the Defendant has not been served with notice of the hearing
previously scheduled in this matter for March 23, 2000, the hearing is rescheduled to
Wednesday, March 29, 2000, at 2:00 p.m., in Courtroom No.1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Dirk E. Berry, Esq.
7 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
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Julie Ervin
1322 South Limestone Street
Springfield, OH 45506
Defendant, Pro Se
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ANTHONY M. JONES, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. Hi - /6'10 CIVIL TERM
JULIE ERVIN,
Defendant
: CIVIL ACnON--LA W
CUSTODY
ORDER O~
AND NOW, this ~ \ day of , 2000, upon
consideration of the attached complaint, it is hereby directed that the parties and their
respecti:re counsel app~ bef91.e~~'~~; f.1~, the conciliator, at
.' \~the \0. dayof" ~\ \ ,2000,
at ~' (00 -0.. ., for a Pre- earing Custody Conference. At such conference, an effort
will be mad~ to resolve the issues in dispute; or if this cannot be accomplished, to define
and narrow the issues to be heard by the court, and to enter into a temporary order. All
children age five or older may also be present at the conference. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
BY THE COURT:
By: ~h.)\\_J\~llrt\lht}~"
Custody Conciliator - 't~1)
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities
and reasonable accommodations available to disabled individuals having business before
the court, please contact our office. All arrangements must be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR 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.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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00 MAR 23 PN 2: 26
CUMBERLAND COUNTY
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ANTHONY M. JONES, SR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. trtJ - JS1(j CIVIL TERM
JULIE ERVIN
Defendant
CIVIL ACTION -- LAW
CUSTODY
COMPLAINT IN CUSTODY
1. The Plaintiff is ANTHONY M, JONES, SR., residing at 17 Birch Street,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is JULIE ERVIN, residing at 1322 South Limestone Street,
Springfield, Ohio 45506.
3. Plaintiff seeks legal and primary physical custody of the following child:
NAME
PRESENT RESIDENCE
AGE
Anthony M. Jones, Jr.
17 Birch St.
Cumberland County,
Mechanicsburg, P A
8 yrs.
The child was born out of wedlock.,
The child is presently in the custody of Plaintiff.
Since his birth in Carlisle, Pennsylvania on October 29, 1991, the child has lived
alternately with his father, Anthony M. Jones, Sr. in Pennsylvania and with his mother Julie
Ervin in Ohio at various addresses.
The mother of the child is Defendant.
She is single.
The father of the child is Plaintiff.
He is single.
4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff
currently resides with the following persons:
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NAME
RELATIONSHIP
Cindy Boonie Fiance
Elisha Boonie Daughter of fiance (age 4)
5. The relationship of Defendant to the child is that of natural mother. The Defendant
currently resides with the following persons:
NAME RELATIONSHIP
Andre Ervin Son (age 13)
various adults varies
6. Plaintiff 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 another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested for the following reasons:
a. The child is physically present in the Commonwealth with his father and it is
necessary to protect the child because he has been subjected to or threatened with
mistreatment or is otherwise neglected, while in the custody of Defendant.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action. All persons who
are known to have or claim a right to custody or visitation will be given notice of the pendency of
this action and the right to intervene.
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WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of
the child.
Respectfully submitted,
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Dirk E. Berry, Esquire
Attorney for Plaintiff
7 Irvine Row
Carlisle, PA 17013-3019
(717) 240-0296
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I UNDERSTAND
THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
PA.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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ANTHONY JON:eS, SR.
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ANTHONY M. JONES, SR.,
Plaintiff
v.
JULIE M. ERVIN
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO.
CIVIL TERM
I, Dirk E. Berry, Esquire, do hereby certifY that on this day the Complaint in Custody was
served by first class certified mail, postage pre-paid upon the following person:
Julie Ervin
1322 South Limestone Street
Springfield, OH 45506
Date:
3/;(,,/00
I I
: CIVIL ACTION--LA W
: CUSTODY
CERTIFICATE OF SERVICE
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ANTHONY M. JONES, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN CUSTODY
JULIE ERVIN,
Defendant
No. 00-1570 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of March, 2000, upon
consideration of Plaintiff's Petition for Special Relief,
and following a hearing at which the Plaintiff appeared
with his counsel, Dirk E. Berry, Esquire, and presented
evidence in support of the petition, and the Defendant did
not appear either by telephone, as had been arranged for by
Plaintiff's counsel, or in person, the Plaintiff's Petition
for Special Relief is granted and, pending the custody
conciliation conference scheduled in this matter for April
19, 2000, at 3:00 p.m., it is ordered and directed as
follows:
1. Legal custody of the parties' child,
Anthony M. Jones, Jr. (date of birth, October 29, 1991),
shall be shared by the parties.
2. Primary physical custody of the child
shall be in the Plaintiff, and temporary or partial
physical custody of the child shall be in the Defendant at
such times as the parties mutually agree.
3. Inasmuch as Defendant did not appear at
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the hearing on this date, the Court has advised that it
will hold a further hearing on the continuation of the
order entered herein at the request of the Defendant at any
time prior to the conciliation conference.
By the Court,
J
Dirk E. Berry, Esquire
7 Irvine Row I/?/
Carlisle, PA 17013 - Cc.,f,/ J,;)~c.'S~{L'( '->-t~kJ J!;"9(OO
For the plaintiff
Julie Ervin
1320 South Limestone Street - Copy rn'2(LLr{
Springfield, OH 45506
Defendant
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ANTHONY M. JONES, SR., . IN THE COURT OF COMMON PLEAS OF
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plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1570 CIVIL TERM
.
.
JULIE ERVIN, . CIVIL ACTION - LAW
.
Defendant : CUSTODY
ORDER OF rotJRT
AND NCfi, this ;L':)t\ day of
consideration of the attached CUstody
and directed as follows:
, 2000, upon
Report, it is ordered
1. The Father, Anthony M. Jones, Sr., and the Mother, Julie Ervin,
shall have shared legal custody of Anthony M. Jones, Jr., born October 29,
1991. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
2. The Father shall have primary physical custody of the Child.
3. The Mother shall have periods of visitation with the Child as
arranged by agreement of the parties.
4. The Mother may file a request with the Court to schedule an
additional CUstody conciliation Conference for reconsideration of the
custody arrangements within thirty (30) days of the date of this Order.
nE;:ZiJ~
J. Wesley Oler, Jr.,
J.
cc: Dirk E. Berry, Esquire - Counsel for Father
Julie Ervin, Mother
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ANTHONY M. JONES, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-1570 CIVIL TERM
.
.
Defendant
: CIVIL ACTION - LAW
: CUSTODY
JULIE ERVIN,
PRIOR JUDGE: J. wesley aler, Jr.
CUSTODY <nlCILIATIOO SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
ClJRRENTLY IN CUSTODY OF
Anthony M. Jones, Jr.
10/29/91
Father
2. A Conciliation Conference was held on April 19, 2000, with the
following individuals in attendance: The Father, Anthony M. Jones, Sr.,
with his counsel, Dirk E. Berry, Esquire. The Mother, Julie Ervin, did not
appear at the Conference or contact the Conciliator to participate by
telephone.
3. The Father's counsel indicated that notice of the Conciliation
Conference was mailed to the Mother both by regular and certified mail on
March 31, 2000. Although no return receipt from the certified mail has
been provided by the postal service to date, the regular mail was not
returned. The Father's counsel indicated that he discussed the Custody
Conciliation Conference and date with the Mother on March 29, 2000, while
arranging with the Mother to be available for an Emergency Custody Hearing
before the Court.
4. Based on representations made by the Father at the time of the
Conference, the Conciliator recoIll!llends an Order in the form as attached.
Da&J / ~ c!)OlJ7)
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Dawn S. sunday, Esquire
Custody Conciliator
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