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Home My WebLink About97-00311 I I I \ I I , I ! v . :$ ~ ", >- '" \l Q.. ~ ~ J \ ~ ( \. ~ :--- , .':) ~ .<::J ~; Terry Jumper, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-'11 CIVIL TERM Plaintiff v. Louise Richie, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before jl , ~", I l . , (,."/'''1 ..\t".. J' . , the conciliator, at ("_1..,10,.1 (".1, (~.,J~"I'~ .,1\/1 ' lJ:'l(I'1". on the ''1.. I.. day of (1., I k ,1997,atq;~G lI.m.,for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, filL JLltl,t ,^. ~ClttJ-f. ,~. custody Conciliator I 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 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. The mother of the child is Louise Richie, currently residing at P.O. Box 779, Ridgeley, West Virginia. She is single. The father of the child is Terry Jumper, currently residing at 438 Whiskey Run Road, Newville, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently is residing at 438 Whiskey Run Road, Newville, Pennsylvania. 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Lou Miller and her husband sister 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. 8. 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 for reasons including but not limited to the following: a. The plaintiff has a good relationship with the child, has shared in the care of the child, and is in a position to continue to provide for the child's needs, including a stable environment. b. The plaintiff is in a position to provide the child with the necessary developmental and medical therapy he needs. c. The defendant has not acted in the child's best interests in way including, but not limited to, the following: i. The defendant refuses to provide the child , who cannot walk or speak normally and is not toilet trained, with the needed developmental therapy. ii. The defendant does not feed or bathe the child properly. iii. The defendant regularly exposes the child to a dangerous environment by frequently taking the child for long periods of time to the home of her father and brother, both of whom have prior convictions for child molestation, see attached Exhibits A and B. Furthermore, the father was also convicted of raping the defendant and the brother has been arrested for drugs. In addition, there is not room for the defendant and the child in the father's house and the house is very ~ ,I' unclean and garbage and cluttered inside and outside. To the best of the plaintiff's knowledge, the defendant is planning to move into this environment with her child. iv. The defendant has been treated for depression and has refused to follow her physician's advice to admit herself for psychiatric treatment to deal with her history of abuse by her father. 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 him primary physical custody of the child. Respectfully submitted, b~~/ :. o'an Carey, Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ;.: r--, '.' .. [ . , . ; .') , (.. '- 'J '#:, :c':, ;- ." ,.13 ...~. ~. () ~nl '.~~ (:) ::'1 -...; Terry Jumper, IN THE COURT OF COMMON PLEAS OF I , ~ I . plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-)1/ CIVIL TERM Louise Richie, Defendant CUSTODY PETITION FOR SPECIAL RELIEF The petitioner by and through his attorney, Joan Carey, Legal Services, Inc., represents the following: 1. The plaintiff, Terry Jumper, hereinafter referred to as the father, resides at 438 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241. f 2. The defendant, Louise Richie, hereinafter referred to as the mother, resides at P.O. Box 779, Ridgeley, West Virginia 26753. 3. The parties are the parents of Terry L. Jumper, Jr. 4. On January 17, 1997, a Complaint for Custody was filed in the above-captioned matter by the plaintiff and a conciliation conference will be scheduled. 5. The father and mother have shared the care of the child since his birth. 6. In or about November of 1996, the mother and father separated and the mother took the child to West Virginia. 7. Since November of 1996, the father has made repeated requests to the mother to return the child to Pennsylvania, but she refuses to do so. Furthermore, the mother refuses to let the father bring the child to Pennsylvania for periods of custody. 8. The best interest and permanent welfare of the child will be served by granting immediate primary custody in the plaintiff for reasons including but not limited to the fOllowing: a. The plaintiff has a good relationship with the child, has shared in the care of the child, and is in a position to continue to provide for the child's needs, including a stable environment. b. The plaintiff is in a position to provide the child with the necessary developmental and medical therapy he needs. c. The defendant has not acted in the child's best interests and emergency relief is requested for reasons including, but not limited to the following: i. The defendant refuses to provide the child , who cannot walk or speak normally and is not toilet trained, with the needed developmental therapy. ii. The defendant does not feed or bathe the child properly. iii. The defendant regularly exposes the child to a dangerous environment by frequently taking the child for long periods of time to the home of her father and brother, both of whom have prior convictions for child molestation, see attached Exhibits A and B. Furthermore, the father was also convicted of raping the defendant and the brother has been arrested for drugs. In addition, there is not room for the defendant and the child Terry Jumper, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - CIVIL TERM Louise Richie, Defendant CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 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, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my inability to pay the fees and costs is true and correct. a) Name: Terry Jumper Address: 438 Whiskey Run Road !-!ewv i 11.JLP-lLtl?AJ Social Security Number: 201-56-4481 b) If you are presently employed, state Employer: currentl~ unemployed Address: Salary/wages per month: Type of work: ___uu_n________ If you are presently unemployed, state Date of last employment: 6/96 Salary/wages per month: 1060/month net Type of work :~~.lit_9__J!!l;l_cl}an i c Cert if i cates of Depos it: __________ Real Estate (including home): ____.u.. Motor veh i c 1 e: Mode 1 C;;he.Y.Y_Sl.O__1J:\J_~lL Year ~;! Cost $4.0.0 ..00._ Amount owed _$..9_ Stocks/bonds: f) Debts and Obligations Mortgage: S240.00/trailer payment Ren t: 1 Ot.._r:!lXLtLUOO . 00 Loans: N/A Monthly expenses: electric ~77.00: telephone ~OO: Fuel $100.00: Groceries $200.00: Car insurance ~.~..9~ credit cards $25.00; Gas S80.00: c:JuJ ~LsJmPorU 120.00 g) Persons dependent upon you for support Wife/husband Name: Child(ren), if any: (name, age) Name: -I.eII~~er.Jr. Age 3 years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 6 4904, relating to unsworn falsific~tion to authorities. Date: /. 17 . r~ -- ~~~ / -~. 0--../ .- . Terry J~r, Pla' . i ~ 'I r i 1 .:h,,' '. 1 , . Terry Jumper, IN THE COURT OF COMMON PLEAS OF PlIlintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-311 CIVIL TERM Louise Richie, Defendant CUSTODY ACCEPTANCE OF SERVICE I, James K. Jones, accept service of the Complaint for Custody on behalf of Louise Richie and certify that I am authorized to do so. 1 J 7 /'17 Date ' i'/~L:2- J~~ K. Jonp"S Attorney for Defendant 7 IrvinA Row Carlisle, PA 17013 ("') .0 0 ~ ..., "., :!.. ~ :;J ~~ l:D ~J ..-.", c.v ~.., _0 :bo ~. ~8 :z: ~. 6 ~ .. ~ ~ ~ ()) "..-..... (") .0 0 !; ..., "11 "'" ~ :?;~ "nul C!j ltl 0:/ .-:...:.0 :UTI zr: c..> ~~~ U r:,O :t>o :l~~ ~~8 ::J~ '2 ~~ >c (;I .,.. U1 ~ ~ ~ -. m MECHANICSBURG OVEN, INC. et al IN THE COURT OF COMMON PLEAS I Plaintill CUMBERLAND COUNTY, v. PENNSYLVANIA IRENE B. KERMISCH el al 96-0171 CIVIL TERM Defendants ~ I v ROTHSCHILD ARCHITECTS, et al Additional Defendants FRANCES PRIBULSKY et al Plaintiffs IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYLVANIA IRENE B. KERMISCH et al Defendants 96-0272 CIVIL TERM DEBORAH C. ESPOSITO et al Plaintiffs IRENE B. KERMISCH et al Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 96-0271 CIVIL TERM FRANCES PRIBULSKY et al Plaintiffs v. IRENE B. KERMISCH el al IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. ESPOSITO et al Plaintiffs 96-0314 CIVIL TERM v. IRENE B. KERMISCH el al Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 97-0311 CIVIL TERM /" CIPRIANO and JOSEPHINE ARENA et al CERTIFICATE OF SERVICE f , .' i . AND NOW, this 24th day of June, 1999, I, Cynthia D. Byrd, secretary in the law firm ofThomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid. to the following: Michael A. FarreR, Esquire Marshall & Farrell, P.C. 2000 Linglestown Road, Suite 108 Harrisburg, PA 17110-9347 (Attorney for Kermisch, Kleiman, Brown. Cohen & Lipitz) Pyramid Fabricators, Inc. 10425 Reisterstown Road Owing Mills, MD21117 Samuel Coopennan 10425 Reisterstown Road Owing Mills, MD 21117 Gerald Berg 10425 Reisterstown Road Owing Mills, MD 21117 Structomatic, Inc. clo Helen Eagle 233 South Wacker Drive 8000 Sears Tower Chicago, IL 60606-6404 Charles Uslander, Udlbla Structomatic and as Successor-in-interestto Structomatic, Inc. 7858 Greenfield Street River Forest, IL 60305-1007 Patricia Reynolds Udlb/a Structornalic and as Successor-irHlterest to 608 E. 9200 Street Chicago, 1160624 Dennis J. Bonelli, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 (Donald B. Smith, Inc.) Daniel M. Taylor, Jr. Jones, Gregg, Creehan & Gerace, LLP 300 Grant Street 3000 Grant Building Pittsburgh, PA 15219-2303 (Attorney for Mechanicsburg Oven) Capitol Ovens, Inc., in its own right and as Successor-in-interest to MechanicsbLlll Oven, Inc. The Johnston House HC64 Box 21 Latrobe, PA 15650.9B08 Stuart S. Smith, Esquire John Churchman SniIh & Associates 14 West Second Street Post Office Box 229 Media, PA 19063 (Attorneys fur Smith) James Kulz, Esquire McNees, Wallace & Nurick 100 Pine Slreet Post Office Box 1166 Harrisburg, PA 17108 (Attorneys for FirestonelBridgestone) M . " " .':'11' f 0 f997/.>f" "' t , ! I I I TERRY JUMPER, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW . . LOUISE RICHIE, Defendant :NO: 97-311 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this ~ day of June, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of January 17, 1997 is vacated. 2. The Father, Terry Jumper, and the Mother, Louise Richie, shall enjoy shared legal custody of Terry L. Jumper, Jr. born March 24, 1993. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: A. At time as agreed upon by the parties. 5. The Mother shall keep Father advised with respect to her phone number and current address in order to be able to exercise temporary custody with the minor child. Furthermore, in the event the Mother is unable to exercise custody as previously agreed, Mother must promptly notify Father. Both parties should advise the other parent in the event a scheduled pickup or delivery time for exchange of custody needs to be modified because of the party's scheduling. Additionally, the Mother shall not remove the child from the Commonwealth of Pennsylvania without prior written permission from the Father. 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. , cc: Joan E. Carey, Esquire _ James K. Jones, Esquire BY THE J. " . '- TERRY JUMPER, Plaintiff V : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW . . LOUISE RICHIE, Defendant :NO: 97-311 CIVIL TERM : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Terry L. Jumper, Jr. born March 24, 1993. 2. A Conciliation Conference was held on June 6, 1997, with the following individuals in attendance: The Father, Terry Jumper, with his counsel, Joan E. Carey, Esguire, and the Mother, Louise Richie, with her counsel, James K. Jones, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ~/9!?7 DA'1'E