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HomeMy WebLinkAbout07-3877CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - ?*077 CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Christopher M. Emory, by and through his attorneys, the Neuharth Law Offices, respectfully submits this Complaint for Custody and avers the following: 1. The Plaintiff is Christopher M. Emory, hereinafter "Father," who currently resides at 305 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Jessica L. Igneri, hereinafter "Mother," who currently resides at 9 West Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Mother and Father are the natural parents of Reese Harrison Igneri, age 3, born November 10, 2003. The child was born out of wedlock. The child currently resides with Mother at 9 West Burd Street, Shippensburg, Pennsylvania. Since birth, the child has resided with the following persons and at the following addresses: Persons Address Dates Mother 9 West Burd Street June 14, 2007 to Michelle Joyal Shippensburg, PA 17257 Present (Mother's paramour) 305 East Orange Street March 2006 to Father Shippensburg, PA 17257 June 14, 2007 Mother Michelle Joyal 305 East Orange Street July 10, 2004 to Father Shippensburg, PA 17257 March 2006 Mother 1863 Johnson Road November 20, 2003 to Father Jul 10, 2004 Mother Chambersburg, PA 17201 Y The mother of the child is Jessica L. Igneri, who currently resides at 9 West Burd Street, Shippensburg, Pennsylvania. She is single. Plaintiff believes, and therefore avers, that mother lives with her paramour, Michelle Joyal. The father of the child is Christopher Emory, who currently resides at 305 East Orange Street, Shippensburg, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with his girlfriend, Ashley Carroll. 5. The relationship of Defendant to the child is that of other. Plaintiff believes Mother resides with the child and Mother's paramour, Michelle Joyal. 6. 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 curt. There or the parties t other custody this action. actions within this or any other jurisdiction regarding the child 7. Awarding shared legal and primary physical custody of the child to Father is in the best interests of the child because: a. From birth until July 14, 2007, the child resided with both Father and Mother at Father's current address. b. The parties were in a relationship from February 2003 until December 2005. In December 2005, the parties separated, but Mother continued to live with Father and the child at the same address until July 14, 2007. C. The child had resided with 's Father home and took the child to live her. Mother moved out of Father d. Father and Mother reached a verbal agreement on July 14, 2007, whereby the parties agreed to alternate custody of the child weekly. e. Father has not had contact with the child since July 14, 2007, and has not had contact with Mother since July 15, 2007. Mother has not returned Father's telephone calls since that date. f. The parties used the same babysitter since approximately late 2004. Mother switched babysitters without notifying Father, and Mother refuses to tell Father the babysitter's name or address. g. In the past, Mother has threatened to leave the area for Virginia and Florida, and Father fears Mother is a flight risk and may follow through on her past threats. h. Father has a stable home life and is the parent most likely to encourage the child's relationship with the other parent. 8. Father believes Mother is unrepresented. Therefore, a copy of this Order of Court and Complaint for custody will be served on 9 West Burd Street, Shippensburg, Pennsylvania, Mother's current address, via U.S. First Class Mail, on Wednesday, June 27, 2007. 9. 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. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff Christopher M. Emory respectfully requests this Honorable Court grant shared legal custody to the parties and primary physical custody to Plaintiff subject to Mother's periods of physical custody on alternating weeks. VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: (1 _ 0 - L44-A Christopher M. Emory ?-Q -L -13 a -6Q O d C7 r. N CYy j rn CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 3877 CIVIL TERM CUSTODY CERTIFICATION OF SERVICE I, Paul M. Ferguson, Esquire hereby certify that I am on this day serving a true and correct copy of the attached Complaint for Custody to the following individual by First Class U.S. mail, postage prepaid addressed as follows: Jessica L. Igneri 9 West Burd Street Shippensburg, PA 17257 Respectfully submitted, Dated: a a 7 Paul M. Ferguson Attorney for Plaintiff Christopher M. Emory Supreme Ct. ID#: 203293 Neuharth Law Offices PO Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 t7 ^> r 0 ti R Tm -rri ° t;, ° t? v -c CHRISTOPHER M. EMORY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3877 CIVIL ACTION LAW JESSICA L. IGNERI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 16, 2007 _ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,7?,??,a o7r 9 C : I Wd C- inP LODZ ,'rd Jo AUG 2 2 204 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, Defendant IN CUSTODY CHRISTOPHER M. EMORY, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 077 day of A , 2007, upon consideration of the attached Custody Conciliati n Report, it is ordered an d directed as follows: 1. These cases, at the above captioned dockets, are hereby consolidated. 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. 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 wellbeing including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. J111- . 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody beginning August 22, 2007: A. Every Wednesday evening from 5:00 p.m. to 8:00 p.m. B. Beginning Sunday, August 26, 2007, four consecutive Sundays from i 10:00 am. to 7:00 p.m. C. Beginning Friday, September 28, 2007 alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Tuesday, October 23, 2007 at 9:30 a.m. J. cc-ly Winder, Esquire, Counsel for Mother aul Ferguson, Esquire, Counsel for Father a OCT 2 2 2007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW ? CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?5110' day of V , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 is hereby vacated and replaced with the following: 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. 6. Each party shall be entitled to one full week of physical custody in the summer, provided they give the other party 30 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C RT, Edward E. Guido, J. cc*6(ally Winder, Esquire, Counsel for Mother /aul Ferguson, Esquire, Counsel for Father I I •Z Rd 6Z 130 LOOZ JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, Defendant IN CUSTODY CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3877 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Reese Harrison Igneri DATE OF BIRTH CURRENTLY IN CUSTODY OF November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. AA r/ Date cqu ine M. Verney, Esquire Custody Conciliator