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HomeMy WebLinkAbout03-4279ERIC LEE JONES, JULIE ANN JONES, and WILBUR JONES, JR., Plaintiffs VS. IRIS Y. REYES, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- q '/q CIVIL ACTION - AT LAW CUSTODY COMI~I,AINT IN CIJSTOD¥ AND NOW, the Plaintiff, Eric Lee Jones, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. Plaintiff Eric Lee Jones, is an adult individual who currently resides at 324 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. Plaintiff Juiie Ann Jones is an adult individual who currently resides at 324 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. Plaintiff Wilbur Jones, Jr., is an adult individual who currently resides at 324 Third Steer, West Fairview, Cumberland County, Pennsylvania, 17025. 4. The Defendant, Iris Y. Reyes, is an adult individual whose current address is unknown, although she is believed to be staying with her maternal aunt, Sonja Cruz, at 1447 Berry Hill Street, Harrisburg, Dauphin County, Pennsylvania. 5. Plaintiff Eric Lee Jones and Defendant Ids Y. Reyes have one dependent child, Yesenia Jizelle Jones, bom December 14, 2001. Plaintiffs Juiie Ann Jones and Wilbur Jones, Jr., are the paternal grandparents of Yesenia Jones. Defendant Edna Cruz (Defendant's mother) Sonja Cruz (Defendant's aunt) 6. The Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Yesenia Jizelle Jones 1447 Berry Hill Street 20 months Harrisburg, PA The child was bom out of wedlock. The child is presently in the custody of her Mother who is believed to be temporarily staying at 1447 Berry Hill Street, Harrisburg, Dauphin County, Pennsylvania, with her mother, Edna Cruz, and her aunt, Sonja Cruz. Since birth, the child resided with the following persons at the following addresses: Addre~ Dates 1447 Berry Hill Street 8/27/03 to present Harrisburg, PA Plaintiff Eric Jones Plaintiff Julie Ann Jones Plaintiff Wilbur Jones, Jr. Defendant Defendant Edna Cruz (Defendant's mother) 324 Third Street West Fail'view, PA 8~2through8~7~3 Camp Hill, PA birth until 8/02 The mother of the child is Iris Y. Reyes, Defendant, whose current address is unknown. The father of the child is Eric L. Jones, Plaintiff, currently residing at 324 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025. 7. The relationship of the Plaintiff Eric Lee Jones to the child is that of natural father. 8. The relationship of the Plaintiff Julie Ann Jones to the child is that of natural paternal grandmother. 9. The relationship of the Plaintiff Wilbur Jones, Jr., to the child is that of natural paternal grandfather. 10. The relationship of the Defendant to the child is that of natural mother. 11. Plaintiffs have not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) The Plaintiffs have established a strong relationship with the child. (c) Plaintiffs desire to continue exercising parental duties and enjoy the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by the Plaintiffs. (e) Plaintiffs have shared caretaking and parental responsibilities with Defendant over the past year. 14. 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 child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiffs respectfully request that they be granted primary physical custody of the child subject to periods of partial custody with Defendant. Respectfully submitted, Je 6 B~. Costopoulos, Esquire ATTORNEY FOR PLAINTIFFS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 ERIC LEE JONES, JULIE ANN JONES, and WILBUR JONES, JR., Plaintiffs VS. IRIS Y. REYES, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Eric Lee Jones, hereby verify that the statements made in the foregoing Custody Complaint are tree 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. § 4904, relating to unswom falsification to authorities. Date: Eric ERIC LEE JONES, JULIE ANN JONES, and WILBUR JONES, JR., Plaintiffs VS. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. IRIS Y. REYES, Defendant CIVIL ACTION - AT LAW CUSTODY VERIFICATION I, Julie Ann Jones, hereby verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my kdaowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: /~/Julie An~ones ERIC LEE JONES, JULIE ANN JONES, and WILBUR JONES, JR., Plaintiffs VS. IRIS Y. REYES, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Wilbur Jones, Jr., hereby verify that the statements made in the foregoing Custody Complaint 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. § 4904, relating to unsworn falsification to authorities. ERIC LEE JONES, JULIE ANN JONES AND WILBUR JONES, JR., PLAINTIFFS IRIS Y. REYES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4279 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of September, 2003, a hearing on the within petition for emergency relief shall be conducted at 8:45 a.m., Friday, September 19, 2003, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending further order of court Yesenia Jizelle Jones, born December 14, 2001, shall not be removed from the Commonwealth of Pennsylvania. :sal dgar-~. Bay~ey, J~ ERIC LEE JONES, JULIE ANN JONES, AND WILBUR JONES, JR. PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO]UNTY, PENNSYLVANIA 03-4279 CIVIL ACTION LAW IRIS Y. REYES : 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 11, 2003 , upon consideration of the attached Complaint, il. is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Thursday, October 02, 2003 at 8:30 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearln~. FOR THE COURT, By: /s/ Dawn S. Sunday· Esq. 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 ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ERIC LEE JONES, JULIE ANN JONES ' IN THE COURT OF COMMON PLEAS OF AND WILBUR JONES, JR., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS IRIS Y. REYES, DEFENDANT · 03-4279 CIVIL TERM AND NOW, this ORDER OFCOURT 1~"~ day of September, 2003, the hearing on the within petition for emergency relief currently scheduled for September 19, 2003, is cancelled and rescheduled to Wednesday, September 24, 2003, at 11:00 a.m. in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. All other provisions of this court's order of September 2, 2003, shall remain in full force and effect. ~annb B. Costopoulos, Esquire For Plaintiff ,/,l?is Y. Reyes 1447 Berry Hill St. Harrisburg, PA 17101 :sal Edgar B. Bayley, l 09'/5-02; ERIC LEE JONES, JULIE ANN: JONES, AND WILBUR JONES, : JR., : Plaintiffs : IRIS Y. REYES, : Defendant : IN RE: IN THE COURt OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4279 CIVIL TERM PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 24th day of September, 2003, this matter having been called on a petition for emergency relief sought by Plaintiffs, it is ordered that the interim order entered on September 23, 2003, preventing the mother, Iris Y. Reyes, from removing the child from the Co~mmonwealth of Pennsylvania pending further order of court shall remain in effect pending further order of court. Edgar B. Bay!ey/. Esquire Jeanne B. Costopoulos, For the Plaintiffs Iris Y- Reyes ~ ~~ /0~0;. 03 1447 Berry Hill Street ~/~ Harrisburg, PA 17101 '' :lfh 61 ~Z t,!d I - t30 ~0 ERIC LEE JONES, JULIE ANN JONES WILBUR JONES, JR. Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4279 CIVIL ACTION LAW IRIS Y. KEYES De~ndant IN CUSTODY' ORDER OF COURT AND NOW, this 'R.-[ day of ~c:.-~.~ , 2003, upol consideration of the attached Custody Conciliation Report, it is orqered and directed as follows: 1. The prior Orders of this Court dated September 23, 2003 and September 24, 2003 are vacated and replaced with this Order. 2. Neither parent shall relocate the residence of the Child outside the Commonwealth of Pennsylvania without prior written agreement of the parties or further Order of Court. 3. This Order is entered pursuant to an agreement of the patties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence o mutual consent, the terms of this Order shall control. BY THE COURT, Edgar B. Bayley J. cc' J~eanne B CostopOU}rOS, Esquire - Counsel for Plaintiffs 'd~ris Y. R~'yes, Mothe ERIC LEE JONES, JULIE ANN JONES WILBUR JONES, JR. Plaintiff VS. IRIS Y. REYES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4279 CIVIL ACTION LAW 1N CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIl PROCEDURE 1915.3-8, the undersigned Custody Conciliator snbmits the following report: follows: NAME Yesenia Jizelle Jones The pertinent information concerning the Child who is the subject of this litigation is DATE OF BIRTH December 14, 2001 CURRENTLY IN CUSTODY OF Mother / Father / Paternal Grandparents 2. A Conciliation Conference was held on October 16, 2003, with the following individuals attendance: The Paternal Grandparents, Julie Ann Jones and Wilbur Jones Jr., the Father, Eric L, Jones, and the Mother, Iris Y. Reyes. None of the parties had counsel in attendance at the conferenc although the Father and the Paternal Grandparents are represented in this matter by Jeanne Costopoulos, Esquire. The Mother is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire/ Custody Conciliator ~e