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HomeMy WebLinkAbout03-5198TANJA A. JUMPER, Plaintiff VS. TROY E. BIGLER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 ~ 5"/P~ CIVIL TERM : iN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A..~5356 Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated February 14, 1995, from the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch, attached hereto. Respectfully submitted, MaryI6u'~atas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH No. F.R.'~/f~!~'~ /,~ IN CUSTODY ORDER OF COURT , 1995, this Order will notifY Troy E. Bigler, Defendant, ~l~at you have been sued in Cour~ to obtain custodY, partial custody or visitation o chil~n, Jennifer Renee' Bigler, born January 23, 1989, and ~vin Matthew Bigler, born October 1, 1992. It is ordered that the parties, including the Defendant, Troy E. Bigler, are required to appear in person at the assigned courtroom, Franklin County Court House, Chambersburg, Pennsylvania, at ~ o'clock, ~, .m. , on the ~^I~3 day of /~;$~ , 1995, for a hearing. It is further ordered that the children are required to be brought to the hearing. In the meantime, it is ordered that the parties shall meet with the Court's Child Custody Mediation Officer, Eugene H. Stecher, M. Div. , M.A. , on t~CH ~.~- / .~ , 1995 , at o'cloCk, ~'.~(? [~.m., at his office, located at 82 N. Second Street, Chambersburg, Pennsylvania, for a conference to determine whether the issues can be resolved by mediation without a hearing. If such resolution is not possible, the officer shall submit a report to the Court, in writing, containing the officer's findings concerning the suitability of each of the parties to exercise custody, whether shared, primary or partial, and express an opinion, based on all of the matters before the officer, as to what disposition of the case seems to be in the best interest of the children. In the event the matter is not resolved at mediation, the officer shall visit each home located in Franklin County and submit a report to the Court, layout of the home, the in writing, describing the physical furnishings, the surroundings, The the sent to counsel for the parties. The parties will be deemed to have stipulated to the admissibility of the full report unless the Mediation officer is subpoenaed to appear and testify. The costs of such mediation and home visit shall be borne equally by the parties unless otherwise ordered by the Court. Plaintiff has deposited the sum of Two Hundred Dollars ($200.00) with the Prothonotary as an advance on the costs of such mediation and home visit. It is further ordered, pending a hearing in this matter or until further Order of Court, Jennifer Renee' Bigler of the Tanja A. Jumper. The Defendant, Troy E. Bigler, shall and Kevin Matthew Bigler shall be placed in the custody Plaintiff, have the right to exercise partial custody of the children on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 5:00 p.m. In the event Defendant works on Sunday, Defendant shall have the children from Saturday at 9:00 a.m. until Sunday morning at 9:00 a.m. Transportation of the children shall be the availability of schools, an~ other pertinent factors. information gathered in these visits shall be included in Mediation officer's report. A copy of the report shall be responsibility of the Defendant. Defendant shall have partial custody of the children commencing the weekend of February 18, 1995. Either party may request an in-chambers conference to review the Temporary Order. Troy E. Bigler, Defendant, is notified that if you fail to appear as provided by this Order or bring the children, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. Legal Reference Service of Franklin-Fulton Counties Court House Chambersburg, PA 17201 BY THE COURT, TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH NO. FR. IN CUSTODY 1. The Kessler Drive, 2. Circle, 3. NAME Jennifer Renee' Bigler COMPLAINT FOR CUSTODY Plaintiff is Tanja A. Jumper, residing at 968 Shippensburg, Franklin County, Pennsylvania 17257. The Defendant is Troy E. Bigler, residing at 74 Cortland Shippensburg, Franklin County, Pennsylvania 17257. Plaintiff seeks custody of the following children: Kevin Matthew Bigler PRESENT RESIDENCE 968 Kessler Drive Shippensburg, PA 17257 AGE 6 years DOB: 01/23/89 968 Kessler Drive 2 years Shippensburg, PA 17257 DOB: 10/01/92 The children were born out of wedlock. The children are presently in the custody Tanja A. Jumper, who resides at 968 Kessler Drive, Franklin County, Pennsylvania 17257. During the past five years, the children have the following persons and at the following addresses: ADDRESSES 968 Kessler Drive Shippensburg, PA PERSONS 1. Robert and Ursula Jumper, Plaintiff, Tanja A. Jumper, and Nicole Jumper of Plaintiff, Shippensburg, resided with DATES Feb. 10,'95- present Plaintiff, Tanja Jumper, Defendant, Troy E. Bigler, and Gary Bigler, Jr., Marsha (girlfriend of Gary Bigler), and Dominique Bigler 74 Cortland Circle Shippensburg, PA Plaintiff, Tanja A. Jumper, 74 Cortland Circle and Defendant, Shippensburg, PA Troy E. Bigler, 4. Plaintiff, Tanja A. Jumper, and Defendant, Troy E. Bigler 35 Shippensburg Mobile Estates Shippensburg, PA 5. Plaintiff, Tanja A. Jumper 2784 Fillmore Drive Chambersburg, PA 6e Plaintiff, Tanja A. Jumper, and Defendant, Troy E. Bigler 35 Shippensburg Mobile Estates Shippensburg, PA The mother of the child is Tanja A. residing at 968 Kessler Drive, Shippensburg, Pennsylvania 17257. She is single. The father of the child is Troy E. residing at 74 Cortland Circle, Shippensburg, Pennsylvania 17257. He is single. Jan. 21, t95- Feb. 9, '95 Dec. '94 Jan. 20, '95 May '94 - Dec. '94 Nov. '93 - May '94 April '89 Nov. '93 Jumper currently Franklin County, Bigler, currently Franklin County, Robert Jumper Ursula Jumper Nicole Jumper father mother sister NAME RELATIONSHIP person(s): 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following of Father. person (s): NAME Gary Bigler, Jr. The relationship The Defendant of the Defendant to the child is that currently resides with the following RELATIONSHIP brother 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the child. ~. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. On Friday, February 10, 1995, Defendant locked the children out of the parties' residence and would not allow them to return to the residence; b. Plaintiff has been the children's primary caretaker since their birth; c. Plaintiff has enjoyed steady employment and can provide a stable and nurturing environment for the children; d. Defendant has exhibited bizarre behavior in regard to the parties' daughter. On or about February 3, 1995, Defendant withdrew the parties' daughter from her elementary school and enrolled her in another school for no apparent reason. Defendant did this without the consent of the Plaintiff and to the detriment of the child who attended part of the day at the new school prior to being returned to the elementary school she had previously been attending; and e. Plaintiff, fears without a court order giving her primary custody, Defendant will continue to act irrationally as described above, which is clearly not in the best interests of the children. Each parent whose parental rights been terminated and the person who has to the children have not physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. By: Respectfully submitted, GRIFFIE & ASSOCIATES Barbara J./Y~nis, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 267-1350 (800) 347-5552 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING CUSTODY COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Tan]a ~. Jumper PYS510 1995-16153 TANJA A JUMPER irs) TROY E BIGLER Reference No..: FR 1995-153 Case Tv-De ..... : CUSTODY ~u~gme~ ..... ~ .00 ouage Asslgnea: Disposed Desc.: ............ Case Comments ............. Franklin County Prothonotarv's Office Pa~ · Civil Case Print ~ Filed ........ : 2/1! Time ......... : ~xecuLion. Date o~ry Trza± .... Disposed Date. Higher Crt 1.: Higher Crt 2.: ~e 1 ~1995 ~0:41 0/01 '0000 o/o /oooo JUMPER TANJA A 16 INDEPENDENCE DRIVE SHIPPENSBURG PA 17257 BIGLER TROY E PLAINTIFF DEFENDANT MATAS MARYLOU FINUCANE MICHAEL B * Date Entries . ............. FIRST ENTRY' - .............. 2/15/1995 ORDER OF COURT DATED FEBRUARY 14 2003 WITH COMPLAINT FOR CUST(DY FILED. BY DOUGLAS W HERMAN JUDGE. 4/01/1999 ADDED TO NEW COMPUTER ON 4/1/99. EARLIER DOCKET ENTRIES IN DO, KET BOOK FR 1995-153. lO/O2/2oo3I ..... COPIES FILED AND COPIES TO ATTORNEY. 10/02/2003 ORDER OF COURT DATED OCTOBER 2 2003 ORDERING THE CUSTODY PETITION SHALL BE CONTINUED TO OCTOBER 16 2003 AT 9:00 AM FILED WITH COPIES SENT TO BOTH ATTORNEYS BY COURT SECRETAR' BY CAROL L VAN HORN JUDGE. ' 10/06/2003 ~-~-~-6~-~-~-~66~-~-~3~-~-~iD OCTOBER 2 2003 FILED WITH COPIES RETURNED TO ATTORNEY FILED. BY D W H JUDGE. ................................................................... 10/16/2003 ORDER OF COURT FINDING THAT HOME JURISDICTION IS IN CUMBERLAN] COUNTY AND THAT THIS RECORD BE TP~ANSFERRED TO CUMBERLAND COUN[ FILED. BY CAROL L VAN HORN JUDGE. .............. LAST ENTRY ........... * End of Case Informat±on . LINDA L. BEARD, PROTHONOTARY General Index Attorney Info TANJA A. JUMPER, )Y E. BIGLER, PLAINTIFF DEFENDANT 15" February, 1995: COMPLAINT FOR CUSTODY, NITH ORDER OF COURT SETTING REARING FOR MAy 22, 1995, AT 9:30 A.M., with copies, filed and sent to attorney. 15" February, 1995: $200.00 I~DtATION FEE PAID BY ATTORNgY. ~']g~ ~ ~J ~. ~ I0~ * ~/o/q~ ~a tol7 1" Hatch, 1995: ~FIDAVIT OF SERVICE, filed. 26" April, 1995: O~ER OF COURT CONTI~ING ~TTER GENE~LY, ~ith copies, filed and sen~ to attorney. 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF ~N PIi~J%S OF THE 39TH JUDICIAL DISTRICT, Pt./~NSYLVANIA FRANKLIN COUNTY BPJtNCH TANJA A. JUMPER : CEVIL ACTION VS : NO. 1995-153 TROY E. BIGL~.R : IN CUSTODY APPEARANCES: Marylou Matas, Esquire, appears on behalf of the Plaintiff/Respondent. Michael B.. Finucane, Esquire, appears ~qn_~Jla~ the Defendant/Petitioner. /~ / ORDER OF COURT -,&-----~-(~ ~'~ October 16, 2003, the above-captioned matter having come before the Court based on a petition for rescheduling a custody matter filed on behalf of the Defendant, Troy Bigler, and a review of the preliminary objections to jurisdiction filed on behalf of Tanja Jumper by her counsel, Marylou Matas, Esquire, and the Court further reviewing the memorandums supplied by counsel for the parties being Michael B. Finucane for Defendant/Petitioner and Attorney Matas for the Plaintiff/Respondent, and the Court having heard oral argument, the Court hereby finds that bDme jurisdiction in 1 Sharon A. Welty, RPR Official Court Reporter 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this case ms in Cumberland County. ~ere have not been actions in Franklin County since 1995 thereby requiring the institution of a new proceeding to ad~iress custody concerns at this point in time. The Court determines that the children have resided for at least the last six months more in Cumberland County than in Franklin County. And therefore, the objections are sustained. The Court further orders that this record be transferred to Cumberland County. And the parties are directed to institute proceedings to address their concerns in that jurisdiction. By the Court, Ce Marylou Matas, Esquire Michael B. Finucane, Esquire 2 Sharon A. Welty, RPR Official Court Reporter IN THE COURT OF COMMON PLEAS OF THE 39Tn JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH Tanja A. Jumper, Troy E. Bigler, Plaintiff/Respondent, VS. Defendant/Petitioner, Civil Action - Law F.R. 1995-153 Custody ORDER OF COURT AND NOW THIS a7~ DAY OF OCTOBER, 2003, the above-captioned matte~ having been scheduled for presentation of the custody petition this date and the PlaintifffRespondent, Tanja A. Jumper, through counsel Marylou Matas, Esquire, having requested a continuance, IT IS HEREBY ORDERED THAT the presentation of the custody petition shall be continued to Thursday, October 16, 2003 at 9:00 a.m. or the conclusion of the other cases regularly scheduled for that date. Additionally the Court has been advised that Preliminary Objections have been filed by Plaintiff]Respondent objecting to jurisdiction and failure to conform to law or role of Court. IT IS HEREBY ORDERED THAT counsel for parties shall submit brief legal memorandums addressing the Preliminary Objections with copies provided to the Court no later than October 13, 2003. Oral Argument on the objections will be heard on October 16, 2003 at 9:00 a.m. or the conclusion of the regular custody list for that morning. By the Court, cc: Marylou Matas, Esq., Counsel for Plaintiff/Respondem Michael B. Finucane, Esq., Counsel for Defendant/Petitioner ~' P/)~)IL/- ~.~, 2003. A tree and attested copy of the within Order of Court has been served upon above-named counsel by regular mail. Secretary TANJA A. JUMPER, Plaintiff TROY E. BIGLER, Defendant 1N THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH NO. 1995-153 1N CUSTODY CIVIL TERM ORDER OF COURT ~ AND NOW this __ day of /2003, upon presentation and consideration of the within Petition for Continuan~l~, presentation of the Defendant s Petition for Rescheduling a Custody Matter Cont~,~ Generally previously scheduled in this matter for Thursday, October 2, 2003, at 8'.3~, is hereby continued to a later date, following disposition of Plaintiff's Preliminary 7~/¢ffons. ,////~ BY THE COURT, cc: Marylou Matas, Esquire ~ ~D~i2)~x. O*'~ Attorney for Plaintiff Michael Finucane, Esquire Attorney for Defendant TANJA A. JUMPER, Plaintiff TROY E. BIGLER, Defendant : IN THE COURT OF COMMON PLEAS OF : THE 39TH JUDICIAL DISTRICT OF : PENNSYLVANIA : FRANKLIN COUNTY BRANCH : : NO. 1995-153 CIVIL TERM : IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above named Plaintiff, Tanja A. Jumper. Defendant, Troy E. Bigler, through counsel, Michael Finucane, Esquire, filed a Petition for Rescheduling a Custody Matter Continued Generally, with the intent to present the Petition on October 2, 2003, at 8:30 a.m. Petitioner requested that the presentation be continued to October 16, 2003, due to a conflict in Petitioner's schedule. Petitioner is scheduled to appear at a conciliation conference in Cumberland County on Thursday, October 2, 2003, at 8:30 a.m. Petitioner is scheduled to appear at a custody hearing in Cumberland County on Thursday, October 9, 2003, at 9:00 a.m. Defendant's counsel, by letter dated September 30, 2003, denied P~fiti~r's Itttluesl for a continuance of the presentation. Plaintiff has filed Preliminary Objections to Defendant's Petition for Rescheduling a Custody Matter Continued Generally, challenging subject matter jurisdiction, venue and form of the pleading. Plaintiff requests that this matter now be continued to a later date following disposition of Plaintiff's Preliminary Objections. Defendant is able to exercise custody of the children on alternating weekends pursuant to an Order of Court, dated February 14, 1'995. 10. The entry of the within Order will not prevent Defendant from continuing to exercise custody of the children, pursuant to the Order of Court, dated February 14, 1995. 11. A copy of this Petition has been provided to Defendant's counsel of record, Michael Finucane, Esquire, who does not concur in this request. WHEREFORE, Petitioner requests your Honorable Court to continue the presentation from Thursday, October 2, 2003, to a later date, following disposition of Plaintiff's Preliminary Objections to Defendant's Petition for Rescheduling a Custody Matter Continued Generally. Respectfully submitted, Mai~t~ ~Iatas, Attorn~zfor Plaintiff GRIFFIE & ASSOCIATES 38 North Main Street Chambersburg, PA 17201 200 No~h Hanover S~eet Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. MA'I:AS,X--ESQOIRE TANJA A. JUMPER, TROY E. BIGLER, IN THE COURT OF COMMON PLEAS Plaintiff THE 39TM JUDICIAL DISTRIC~OF PENNSYLVANIA FRANKLIN COUNTY BRANCi~ NO. 1995-153 CIVILTERM Defendant IN CUSTODY PRELIMINARY OBJECTIONS OF ~ ~'~ PLAINTIFF TO DEFENDANT'S PETITION AND NOW, comes Plaintiff, Tanja A. Jumper, by and through her attorney, Marylou Matas, Esquire, and Griffie & Associates, and files these Preliminary Objections to Defendant's Petition for Rescheduling a Custody Matter Continued Generally and in furtherance thereof states as follows: 1. Plaintiff and Defendant are the natural parents of two minor children, namely, Jennifer Renee Bigler, bom January 23, 1989, and Kevin Matthew Bigler, born October 1, 1992· Defendant mailed a Petition for Rescheduling a Custody Matter Continued Generally to Plaintiff on September 26, 2003, indicating his intent to present the Petition to the Court on Thursday, October 2, 2003. Plaintiff and Defendant are subject to an Order of Court, dated February 14, 1995, from the Court of Common Pleas of Frankhn Coun y, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". Plaintiff filed a Praecipe to File a Custody Decree of Another Jurisdiction Pursuant to 23 Pa.C.S.A. §5356, with a certified copy of the Order, dated February 14, 1995, in the Court of Common Pleas of Cumberland County, Pennsylvania, on October 1, 2003, a copy c,f which is attached hereto and incorporated herein by reference as Exhibit "B". Plaintiff and the children reside in Cumberland County, at 16 Independence Drive, Shippensburg, Pennsylvania, where they have resided since June 2000. Defendant resides in Cumberland County, at 15 Cherokee Drive, Shippensburg, Pennsylvania, where he has resided since December 2002, according to Defendant's verified Petition. Defendant previously resided in Cumberland C. ounty, at 16 Independence Drive, Shippensburg, Pennsylvania, where he resided from January 2002 to through December 2002. 8. The children attend school in Cumberland County. Neither Plaintiff, Defendant nor the children have significant contacts with Franklin County. WHEREFORE, Plaintiff requests your Honorable Court dismiss Defendant's Petition for Rescheduling a Custody Matter Continued Generally, for lack of subject matter jurisdiction, pursuant to Pa. R.C.P. § 1028(a)(1). PRELIMINARY OBJECTIONS PURSUANT TO PA. R.C.P. §1028(a)11_l 10. Paragraphs 1 through 9 are incorporated herein by reference as if restated in full. 11. Plaintiff has primary physical custody of the parties' minor children, pursuant to the Order of Court, dated February 14, 1995. 12. Defendant has periods of partial custody, pursuant to the Order of Court, dated February 14, 1995. 13. The children at issue have resided with the Plaintiff in Cumberland County since June 2000. 14. Cumberland County is the home state for the children. 15. Franklin County is not the proper venue for this matter. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's Petition for Rescheduling a Custody Matter Continued Generally, for lack of jurisdiction, pursuant to Pa. R.C.P. §1028(a)(1). 16. PREI,IMINARY OBJECTIONS PURSUANT TO PA. R.C.P. §1028(a)(~ Paragraphs 1 through 15 arc incorporated herein by reference as if repeated in full. 17. Defendant filed a Petition for Rescheduling a Custody Matter Continued Generally, requesting a modification of a prior Order of Court, dated February 14, 1995. 18. Pursuant to local rule 39-1915.3, to commence an action, all complaints or petitions to modify custody shall be presented to the Court Administrator for assignment. 19. Defendant has failed to comply with local rule 39-1915.3, in that he failed to file a complaint or petition to modify custody. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's Petition for Rescheduling a Custody Matter Continued Generally for failure to conform to law or rule of Court, pursuant to Pa. R.C.P. §1028(a)(2). Respectfully submitted, GRIFFIE & ASSOCIATES Maryl~as, Fsqu~e Attorney for~laintiff 38 North Main Street Chambersburg, PA 17201 200 North Hanover Street Carlisle, PA 170113 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the £oregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: (}9/29/03 12:47 FAX 7175328 NAUGLE ~OTOR$ TANJA A. JUMPER, Plaintlff TROY E- BIGLER, Defendant, IN THE COURT OF CO~0N PLEA~ OF Tt{E 39TH ~DIcTAL DISTRICT OF PENNSYLVANIA FI~ANKLIN COUNTY /$$ IN CUSTODY AND NOW, Troy ~. Bigler, ORDER OF COURT %~T~~ , 1995, thi:S order will no._.fy Defendant, ~at you have been sued in C obtain custody, partial custody or visitation o Jennifer Renee' Bigler, born January 23, 1989, a~d ~Vin Bigler, born October 1, 1992. It is ordered that the including the Defendant, Troy E. Bigler, are rm~ir~ ~ in per. on at ~ assigned oou~room, Frankl~ Co~ C~ ~,Q~n day of /~)' , It is further ordered that the brought to the hearing. with the Stecher, o'clock, Street, Chambersburg, whether the issues 1995, for a hearing. children are required to be In the meantime, it is ordered that the pa~ie~ mba11 ~eet Court's Child Custody Mediation 0ffi=er, Eugene H. ~' ~(' ['.m., at his office, lc)cared at 82 N. ~e~ond Pennsylvania, for a eon£erence to determine can be resolved by mediation without a hearing. If such r~solution is not possil~le, the officer shall submit a report to the Court, in writing, oo~tainillg ~he officer's findings concernin~ the sui~ability of each of the parties to exercise custody, whether shar~, primarF or ~ar~ial, 09/29/03 12:47 FAX ?175325. NAUGLE MOTORS ~09 and express an opinion, based on all of the ma~ters before the officer, as to what disposition of the case eee~$ to be in the best interest of the children. In the event the matter is officer shall visit each home not resolved at mediation, located in Franklin County end submit a report to the Court, in writinq, delcriBing the physical layout of the home, the furnishings, the surroun4inge, availability of ~chools, and other Dertinen~ factors. TBs information gathered in thes~ visits shall be included in the M~diation officer'S report. A copy of the repor~ shall be sent to counsel for the parties. The parties will be dee~e~ te have stipulated to the admissibili~y of the fu~l repor~ unlee~ :~e Mediation officer ia subpoenaed to appear a~ testify. The cost~ of such mediation and home v~sit shall be berne equally by the parties unless otherwise ordered by the Court. Plaintiff has deposited the sum of Two H~B~re4 Dollars ($200.00) with the Prothonotary a~ an advan.ce on the costs ~f such mediation and home visit. It is further ordered,..pen~ing a hemrin~ in thim matter or until further Order of Court, Jennifer Renee' Bi~ler and Kevin Matthew Bigler shall be placed in the c~stody of the Plaintiff, Tanja A, Jumper. The De~endaBt, Troy E. Bigler, shall have the right to exercise partial custody of :he children cn alternating weekends, from Saturday at 9:00 a.~. until Sunday at 5:00 p.m. In the event Defendant works on Sunday, Defe~armt shall have the children from Saturday at 9:00 a.m. until Sunny morning at 9:00 a.m. Transportation of the childre~ shall Be the 09/29/03 12:51 FAX 7175325 NAUGI~ MOTORS ~]01 responsibility of the Defendant. Defendant shall have partial custody of the children commencing the weekend of Feb~az]~ 1995 - Either party may request an in-chambers conference to r~i~ the Temporary Order. Troy E. Bigler, Defendant, is notified that if you fail appear as provided by this 0rdar or bring the children, &fl Or~er for custody, partial custody or visitation may be entered aga~/~t you or the Court may issue a ~arrant for your arrest. you SHOULD TAI~ THIS PAPER TO YOUR LAWYER ,AT ONCE. DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL~ OFFICE S~T FORTH BELO~ TO FIND OUT ~ YOU CAN GET BY THE COURT, TANJA A. JUMPER, VS. TROY E. BiGLER, Plaintiff Defendant iN THE COURT OF COMMON PLEAS OF .... PENNSYLVANIA CUMBERLAND COUNTh, CIVIL ACTION - LAW NO. ~-) 5 1N CUSTODY CIVIL TERM PRAEC1PE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A. ([5356 I:~ .... Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations C~de, £::: .':. relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated February 14, 1995, from the Court of Cmrmmn Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch, attached hereto. Respectfully submitted, Maryl~)u _Is)jatas, Esqmre Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 TANJA A. JUMPER, Plaintiff TROY E. BIGLER, Defendant : 1N THE COURT OF COMMON PLEAS OF : THE 39TM JUDICIAL DISTRICT OF : PENNSYLVANIA : FRANKLIN cOLrNTY BRANCH : : NO. 1995-153 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE. I, Marylou Matas, Esquire, hereby certify that I did, the 1st day of October, 2003, cause a copy of Plaintiff's Preliminary Objections to be served upon Defendant's attorney of record by facsimile and first class mail, postage prepaid at the following :addresses: Michael Finucane, Esquire 14 N. Main Street, Suite 50(} Chambersburg, PA 17201 Fax # (717) 264-3000 Mary~-o~ul~gt as, Esquire Attorney fo,a Plaintiff GRIFFIE & ASSOCIATES 38 North. Main Street Chambersburg, PA 17201 200 North Hanover Street Carlisle, PA 17013 (717) 2413 - 5551 (800)347-5552 OF THE IN THE COURT OF COMMON PiLEAS 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant F.R. 1995-153 CIVIL ACTION - IN CUSTODY LAW PETITION FOR CONTINUANCE 1. The Plaintiff and Defendant are scheduled for a custody hearing on May 22, 1995, at 9:30 a.m. 2. It is believed the parties will reach an agreement in the near future. 3. Furthermore, if the parties cannot reach an agreement, they will be petitioning to meet with the Conciliator. 4. Defendant's attorney, David J. Spotts, Esq., has been contacted and has no objection to the continuance. WHEREFORE, Plaintiff and Defendant request your Honorable Court to make an Order continuing the Custody Hearing, generally. Date: By: Respectfully submitted, GRIFFIE & ASSOCIATES Barbara J. ~un&s, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 267-1350 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. 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: Barbara J. /un~, Esq. TANJA A. OF THE IN THE COURT OF COM~ON PLEAS 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH JUMPER, Plaintiff VS. TROY E. BIGLER, Defendant F.R. 1995-1!53 CIVIL ACTION - IN CUSTODY LAW ORDER OF COURT NOW, this -~ ~- day of ~%j, ~ , 1995, the custody hearing scheduled for May 22, 1995, at 9:30 a.m. at the Franklin County Courthouse is hereby continued generally. Either party may petition the Court for a hearing to be scheduled on the matter. BY THE COURT, Stanley E. Schneider, Ed. D. Director, Guidance Associates 412 Erford Road Camp Hill, PA. 17011 717) 732-293.7 Guidance Associates of PA Branch Office 82 North Second St. Chambersburg, PA 17201 Date: March 30, 1995 82 North Second (717) 263-9392 Client: Tanja A. Jumper, Plaintiff Troy E. Bigler, Defendant (No. F.R. 1995-153) Phone: Referral Source: 39th Judicial District Franklin County Court Phone: Service Neitt~er party appeared for the Mediation scheduled for 9AM on March 30. No advance notice was given. Charge is for the time set aside for the meeting. Hours 2.0 Date 3/30/95 Char $100. Paid -0- Diagnosis: Not applicable. Charges owed $100.00 Thank you: Eug~e' H. Stecher, M.A. PsyEhologist PA Lic #Ps-005074-L SS# 160-36-7534 ~/61 q~ ¢J,r_¢ io~7 Counseling · Psychological Testing · Anger Management · Mediation/Custod Stanley E. Schneider, Ed. D. Director, Guidance Associates 412 Erford Road Camp Hill, PA 17011 (717) 732-2917 Guidance Associates of PA Branch Office 82 North Second St. Chambersburg, PA 17201 Date: March 20, 1995 82 North Second Chambersbrrrg, (717) 263-9392 Client: Tanja A. Jumper, Plaintiff Troy E. Bigier, Defendant (No. F.R. 1995 ?) Phone: Referral Source: 39th Judicial District Franklin County Court Phone: Service Hours Date Char Neither party appeared for the Mediation scheduled for I:30PN on March 20. No advance notice was given. Charge is for the time set aside for the meeting.~% 2.0 3120/95 12.3.. $100.0 Paid Diagnosis: -0- Not applicable. Charges owed $100.00 Thank you: Eug e H. 'St~.~cher, M.~. Psyce~hologist PA Lic #Ps-005074-L SS# 160-36-7534 Counseling · Psychological Testing · Anger Management · Mediation/Custody · Litil IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY TANJA A. JUMPER, Plaintiff VS. TROY E. BIGLER, Defendant F.R. 1~-153 CIVIL ACTION - CUSTODY ~FFXD~VXT OF SERVICE I HEREBY CERTIFY THAT I served a true: and of~ the Complaint for Custody on or about Troy E. Bigler and received on February 21, 199 fie~ii mail at the following address: ~] ~ ~'~ Troy E. Bigler '~ 74 Cortland Circle Shippensburg, PA 17257 I verify that the statements made in the foregoing Affidavit of Service are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein made are subject to the penalties of Pa.R.Civ. P 404 relating to unsworn falsification to authorities. GRIFFIE & ASSOCIATES DATE By: Barbara J. ~u~ls, EsqUire 200 North Hanover Street Carlisle, PA 17013 (717) 267-1350 TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH IN CUSTODY ORDER OF COURT AND NOW, ~ , 1995, this Order will notify Troy E. Bigler, Defendant, ~e~at you have been sued in Cour-~. to '~. chil obtain custody, partial custody or visitation o ~n, Jennifer Renee' Bigler, born January 23, 1989, andi~vln Matthew Bigler, born October 1, 1992. It is ordered that the parties, including the Defendant, Troy E. Bigler, are required to appear in person at the assigned courtroom, Franklin County Court House, Chambersburg, Pennsylvania, at ~ o'clock, ~ .m., on the It is further ordered that the brought to the hearing. 1995, for a hearing. children are required to be In the meantime, it is ordered that the parties shall meet with the Court's Child Custody Mediation Officer, Eugene H. Stecher, M. Div., M.A., on ~,~CH ~.~ , 1995 , at o'clock, /~30 ~.m., at his office, located at 82 N. Second Street, Chambersburg, Pennsylvania, for a conference to determine whether the issues can be resolved by mediation without a hearing. If such resolution is not possible, the officer shall submit a report to the Court, in writing, containing the officer's findings concerning the suitability of each of the parties to exercise custody, whether shared, primary or partial, and express an opinion, based on all of the matters before the officer, as to what disposition of the case seems to be in the best interest of the children. In the event the matter is not resolved at mediation, the officer shall visit each home located in Franklin County and submit a report to the Court, in writing, describing the physical layout of the home, the furnishings, the surroundings, availability of schools, and other pertinent factors. information gathered in these visits shall be included in Mediation Officer's report. A copy of the report shall be The the sent to counsel for the parties. The parties will be deemed to have stipulated to the admissibility of the full report unless the Mediation Officer is subpoenaed to appear and testify. The costs of such mediation and home visit shall be borne equally by the parties unless otherwise ordered by the Court. Plaintiff has deposited the sum of Two Hundred Dollars ($200.00) with the Prothonotary as an advance on the costs of suC mediation and home visit. It is further ordered, pending a hearing in this matter or until further Order of Court, Jennifer Renee' Bigler and Kevin Matthew Bigler shall be placed in the custody of the Plaintiff, Tanja A. Jumper. The Defendant, Troy E. Bigler, shall have the right to exercise partial custody of the children on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 5:00 p.m. In the event Defendant works on Sunday, Defendant shall have the children from Saturday at 9:00 a.m. until Sunday morning at 9:00 a.m. Transportation of the children shall be the responsibility custody of the 1995. of the Defendant. Defendant shall have partial children commencing the weekend of February 18, Either party may request an in-chambers conference to review the Temporary Order. Troy E. Bigler, Defendant, is notified that if you fail to appear as provided by this Order or bring the children, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. Legal Reference Service of Franklin-Fulton Counties Court House Chambersburg, PA 17201 BY THE COURT TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH NO. FR. IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Tanja A. Jumper, residing at 968 Kessler Drive, Shippensburg, Franklin County, Pennsylvania 17257. 2. The Defendant is Troy E. Bigler, residing at 74 Cortland Circle, Shippensburg, Franklin County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Jennifer Renee' Bigler 968 Kessler Drive Shippensburg, PA 17257 Kevin Matthew Bigler 6 years DOB: 01/23/89 The children were born out of wedlock.. The children are presently in the custody of Plaintiff, Tanja A. Jumper, who resides at 968 Kessler Drive, Shippensburg, Franklin County, Pennsylvania 17257. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS 1. Robert and Ursula Jumper, Plaintiff, Tanja A. Jumper, and Nicole Jumper ADDRESSES 968 Kessler Drive Shippensburg, PA DATES Feb. 10,'95- present 968 Kessler Drive 2 years Shippensburg, PA 17257 DOB: 10/01/92 Plaintiff, Tanja Jumper, Defendant, Troy E. Bigler, and Gary Bigler, Jr., Marsha (girlfriend of Gary Bigler), and Dominique Bigler 74 Cortland Circle Shippensburg, PA Jan. 21, '95- Feb. 9, '95 Plaintiff, Tanja A. Jumper, and Defendant, Troy E. Bigler, 74 Cortland Circle Shippensburg, t~ Dec. '94 - Jan. 20, '95 4. Plaintiff, Tanja A. Jumper, and Defendant, Troy E. Bigler 5. Plaintiff, Tanja A. Jumper Plaintiff, Tanja A. Jumper, and Defendant, Troy E. Bigler 35 Shippensburg Mobile Estates Shippensburg, PA 2784 Fillmore Drive Chambersburg, PA 35 Shippensburg Mobile Estates Shippensburg, PA The mother of the child is Tanja A. residing at 968 Kessler Drive, Shippensburg, Pennsylvania 17257. She is single. May '94 - Dec. '94 Nov. '93 - May '94 April '89 Nov. '93 Jumper currently Franklin County, The father of the child is Troy E. residing at 74 Cortland Circle, Shippensbl~rg, Pennsylvania 17257. He is single. Bigler, currently Franklin County, 4. The relationship of Plaintiff to the child Mother. The Plaintiff currently resides with the person (s): is that of following NAME RELATIONSHIP Robert Jumper Ursula Jumper Nicole Jumper father mother sister 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person(s): NAME RELATIONSHIP Gary Bigler, Jr. brother 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the child. ?. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. On Friday, February 10, 1995, Defendant locked the children out of the parties' residence and would not allow them to return to the residence; b. Plaintiff has been the children,s primary caretaker since their birth; c. Plaintiff has enjoyed steady employment and can provide a stable and nurturing environment for the children; d. Defendant has exhibited bizarre behavior in regard to the parties' daughter. On or about February 3, 1995, Defendant withdrew the parties' daughter from her elementary school and enrolled her in another school for no apparent reason. Defendant did this without the consent of the Plaintiff and to the detriment of the child who attended part of the day at the new school prior to being returned to the elementary school she had previously been attending; and e. Plaintiff, fears without a primary custody, Defendant will continue described above, which is clearly not in the children. Each parent whose parental rights been terminated and the person who has court order giving her to act irrationally as the best interests of to the children have not physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. By: Respectfully submitted, GRIFFIE & ASSOCIATES Barbara J~Y~nis, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 26.7-1350 (800) 347-5552 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING CUSTODY COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Tanja %. Jumper ~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tanja A. Jumper, Civil Action - Law Plaintiff/Respondent: VS. Troy E. Bigler, No. 03-5198 CIVIL TERM Defendant/Petitioner: Custody PETITION TO MODIFY CUSTODY The petition of Troy E. Bigler respectfully represents that: 1. This matter is a request for modification of a custody order filed on February 14, 1995 in the Court of Common Pleas of the 39th Judicial District of Pennsylvania. Said custody order by Praecipe was filed on October 1,2003 in the Court of Common Pleas of Cumberland County, Pennsylvania. By Order of Court dated October 16, 2003, the Honorable Judge Carol L. Van Horn of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch ordered that the requested rescheduling of this petition would not be heard in Franklin County but would be transferred to Cumberland County which was found to be the home county of the children, the subjects of this action. Copies of said Orders are attached hereto and incorporated herein. 2. The petitioner is Troy E. Bigler who resides at P.O. Box 493, Shippensburg, Cumberland County, Pennsylvania, and has resided there since June 13, 2003, with a street address of 15 Cherokee Drive, Shippensburg, Cumberland County, Pennsylvania. 3. The respondent herein and the petitioner in the original filing is Tanja A. Jumper who resides at 16 Independence Drive, Shippensburg, Franklin County, Pennsylvania, and has resided there since June 2000. 4. Petitioner seeks shared legal custody and joint physical custody of the following children: Kevin Matthew Bigler present residence with mother, 10 years of age and Jennifer Renee Bigler present residence with mother, 14 years of age. The children were born out of wedlock. The children are presently in the custody of Tanja A. Jumper who resides at 16 Independence Drive, Shippensburg, Franklin County, Pennsylvania. 5. During the past five years the children have resided with the following persons and at the following addresses: (a) From December 1997 to December 1998 with Tanja A. Jumper, Robert Jumper father of Tanja, and Ursula Jumper mother of Tanja, at 968 Kessler Drive, Shippensburg, Pennsylvania; (b) From December 1998 to June 2000 at 19 Lenwood Park Mobile Home Estates with Tanja A. Jumper; (c) From June 2000 to August 2001 at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper and occasionally Paul Bauserman; (d) From August 2001 to January 23, 2002 at 270 Mainsville Road, Shippensburg, Pennsylvania, with Troy E. Bigler, Pepper D. Burkholder Troy's girl friend; and Makiela Burkholder Pepper's daughter six years of age. During this period of time, several nights were spent at their mother's home; (e) From January 23, 2002 to December 7, 2002 at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper, Troy E. Bigler, occasionally Paul Bauserman, and some overnights during that period of time the children stayed with Pepper D. Burkholder at 270 Mainsville Road, Shippensburg, Pennsylvania; (f) From December 7, 2002 to June 13, 2003, the children were spending approximately equal time between the homes of their mother Tanja A. Jumper at 16 Independence Drive, Shippensburg, and at the home of their father Troy E. Bigler and his girlfriend, Charlene Shields, and her daughter, Jolene, age 8, at 15 Cherokee Drive, Shippensburg, Pennsylvania. (g) From June 13, 2003 to August 25, 2003, the children were spending approximately 15 percent of their time at the homes of their mother Tanja A. Jumper at 16 Independence Drive, Shippensburg, and 85 percent of their time at the home of their father Troy E. Bigler, and his girlfriend, Charlene Shields, and her daughter, Jolene, age 8, at 15 Cherokee Drive, Shippensburg, Cumberland County, Pennsylvania. (h) From August 25, 2003 to the present the mother has suddenly changed the status quo and is keeping the children 85 percent of the time and only allowing the father 15 percent of the time. (i) During the above periods of time over the past year, the father had two separation periods from Charlene for six weeks beginning in mid-December 2002 and for eight weeks in April and May, 2003, when he lived again at his friend Pepper Burkholder's home on Mainsville Road in Franklin County and the children stayed with him there 80% of the daytime and two to three overnights weekly. 6. The mother of the children is Tanja A. Jumper, currently residing at 16 Independence Drive, Shippensburg, Franklin County, Pennsylvania. She is single. 7. The father of the children is Troy E. Bigler, currently residing at 15 Cherokee Drive, Shippensburg, Cumberland County, Pennsylvania. He is single. 8. The relationship of the petitioner to the children is that of natural father. The petitioner currently resides with the following persons: Charlene Shields his girl friend and Charlene's 7 year old daughter Jolene Shields. 9. The relationship of the respondent to the children is that of natural mother. 10. Petitioner has participated as a party in litigation concerning the custody of the children in this Court. The Court term and number is as on the above caption and this action is a continuation of the existing custody matter which was continued generally on April 26, 1995. 11. Petitioner has no information concerning custody of the children pending in a court of this Commonwealth or any other state. 12. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) Both parents love their children and the children love both parents; (b) The children's father and mother have both been heavily involved in their care for their entire lives; (c) The children are attached to both parents; (d) For more than a year the children are used to being in the de facto custody of their father for at least half of the time; (e) The children get along very well with the father's girl friend Charlene Shields and Charlene's daughter Jolene Shields; (f) It is believed the children would be happier with a court ordered set period of time for each parent so that the children could count on scheduled time with each parent; (g) The father is at least as able as the mother to provide a full support system for his children in all aspects of their lives; (h) The relief requested would help provide stability for the children to continue to spend as much time with their father as they are used to spending. (i) The children prefer to spend at least one-half of their time with their father. (j) Since the inception of this action by father, the mother has greatly curtailed his time with the children and she has given the older daughter extreme freedom to curry favor with her daughter which is to the detriment to the daughter. (k) The father is more likely than the mother to cooperate in generously allowing the other parent to parent their two children. 14. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the child have been named as parties to this action. There are no other persons having or claiming a right to custody or visitation of the children. WHEREFORE, petitioner Troy E. Bigler respectfully requests your Honorable Court grant him shared legal custody and joint physical custody of the children on an alternating weekly basis with the exchange being accomplished by the person going to obtain the children at 1:00 p.m. on Sundays. //'Michael B. Finucane, ~ttorne~Zf'or Petitioner I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December /~P', 2003. TANJA A. JUMPER, Plaintiff vs. TROY E. BIGLER, Defendant, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF : PENNSYLVANIA FRANKLIN COUNTY BRANCH : : No. F.R. : IN CUSTODY AND NOW, Troy E. Bigler, obtain custody, Jennifer Renee' Bigler, born October 1, including the Defendant, ORDER OF COURT ~%% ~ , 1995, this Order will notify Defendant, ~-llat you have been sued in Cour~:~ to partial custody or visitation o~ ,chil~n, Bigler, born January 23, 1989, and ~vln Matthew 1992. It is ordered that the parties, Troy E. Bigler, are required to appear in person at the assigned courtroom, Chambersburg, Pennsylvania, at ~,~ ^f ~ day of It is further ordered that Franklin County Court House, ~ C~C o'clock, ~ .m., on the , 1995, for a hearing. the children are required to be brought to the hearing. In the meantime, it is ordered that the parties shall meet with the Court's child Stecher, M. Div., M.A., o'clock, / ' ~(~ ~'> .m. , Street, Chambersburg, Pennsylvania, Custody Mediation Officer, Eugene H. on l~f~f.. ~-[~ , 1995 , at at his office, located at 82 N. Second for a conference to determine whether the issues can be resolved by mediation without a hearing. If such resolution is not possible, the officer shall submit a report to the Court, in writing, containing the officer's findings concerning the suitability of each of the parties to exercise custody, whether shared, primary or partial, and express an opinion, based on all of 'the matters before the officer, as to what disposition of the case seems to be in the best interest of the children. In the event the matter is not resolved at mediation, the officer shall visit each home located in Franklin County and submit a report to the Court, in writing, describing the physical layout of the home, the furnishings, the surroundings, availability of schools, and other pertinent factors. The information gathered in these visits shall be included in the Mediation Officer's report. A copy of the report shall be sent to counsel for the parties. The parties will be deemed to have stipulated to the admissibility of the full report unless the Mediation officer is subpoenaed to appear and testify. The costs of such mediation and home visit shall be borne equally by the parties unless otherwise ordered by the Court. Plaintiff has deposited the sum of Two Hundred Dollars ($200.00) with the Prothonotary as an advance on the costs of such mediation and home visit. It is further ordered, ..pending a hearing in this matter or until further Order of Court, Jennifer Renee' Bigler and Kevin Matthew Bigler shall be placed in the custody of the Plaintiff, Tanja A. Jumper. The Defendant, Troy E. Bigler, shall have the right to exercise partial custody of the children on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 5:00 p.m. In the event Defendant works on Sunday, Defendant shall have the children from Saturday at 9:00 a.m. until Sunday morning at 9:00 a.m. Transportation of the children shall be the of the Defendant. Defendant shall have partial children commencing the weekend of February 18, responsibility custody of the 1995. Either party may request an in-chambers conference to review the Temporary Order. Troy E. Bigler, Defendant, is notified that if you fail to appear as provided by this Order or bring the children, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Reference Service of Franklin-Fulton Counties Court House Chambersburg, PA 17201 BY THE COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA FRANKLIN COUNTY BRANCH TANJA A. JUMPER : CIVIL ACTION : VS : NO. 1995-153 : TROY E. BIGLER : IN CUSTODY APPEARANCES: Marylou Matas, Esquire, appears on behalf of the Plainti f f/Respondent. Michael B. Finucane, Esquire, appears on behalf of the Defendant/Petitioner. ORDER OF COURT October 16, 2003, the above-captioned matter having come before the Court based on a petition for rescheduling a custody matter filed on behalf of the Defendant, Troy Bigler, and a review of the preliminary objections to jurisdiction filed on behalf of Tanja Jmt~er by her counsel, Marylou Matas, Esquire, and the Court further reviewing the memorandums supplied by counsel for the parties being Michael B. Finucane for Defendant/Petitioner and Attorney Matas for the Plaintiff/Respondent, and the Court having heard oral argument, the Court hereby finds that home jurisdiction in 1 Sharon A. Welty, RPR Official Court Reporter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this case is in Cumberland county. There have not 'been actions in Franklin County since 1995 thereby requiring the institution of a new proceeding to address custody concer~ at this point in time. The Court determines that the children have resided for at least the last six months more in Cumberland County than in Franklin County. And therefore, the objections are sustained. The Court further orders that this record be transferred to Cumberland County. And the parties are directed to institute proceedings to address their concerns in that jurisdiction. By the Court, C. Marylou Matas, Esquire Michael B. Finucane, Esquire 2 Sharon A. Welty, RPR Official Court Reporter TAN]A A. }UMPER PLAINTIYF : iN THE coURT OF coMMON PLEAS OF : cUMBERLAND coUNTY, PENNSYLVANIA : 03-5198 CIVIL ACTION LAW TROY E. BIGLER DEFENDANT : ~ cUSTODY oRDER OF CoIJRT AND NOW, Tuesday, December 30, 2003 ~, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before j__ae~q~line M. Ver~, the conciliator, for a Pre.Hearing Custody Conference' At such c°nference' an~~ ~nt ~P; at 4t~woor, c~°u~rth°use' Carlisle on 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 lxesent 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, SDecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE coURT, By: ~r~_,~_ I~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply wah the American 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 TIlE 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 TANJA A. JUMPER, Plaintiff TROY E. BIGLER, Defendant AND NOW, this 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5198 CIVIL TERM IN CUSTODY ORDER OF COURT day of ,2004, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Jacqueline M. Verne¥, Esq., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle, on Tuesday, January 20, 2004, at 2:30 p.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. 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: Custody Conciliator 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 ASSOCIATION 2 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 TANJA A. JUMPER, TROY E. BIGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW NO. 03-5198 CIVIL TERM IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY 1. Admitted. 2. Admitted. Admitted in part. Denied in part. It is admitted that Respondent herein and the Petitioner in the original filing resides at 16 Independence Drive, Shippensburg, Pennsylvania. It is denied that Respondent lives in Franklin County, but rather, Cumberland County. Admitted in part and denied in part. It is denied that Kevin Bigler is 10 years of age. By way of further response, it is averred that Kevin is 11 years of age. The remaining allegations are admitted. Denied. It is denied that the children had resided from December 1997 to December 1998 at 968 Kessler Drive, Shippensburg, Pennsylvania with Tanja Jumper, Robert Jumper, father of Tanja, and Ursula Jumper, mother of Tanja. It is averred that from 1996 to the summer of 2000, the children resided with Tanja A. Jumper and Paul Bauserman, at 90 Lenwood Park, Shippensburg, Franklin County, Pennsylvania. h.) Denied. It is denied that the children had resided from December 1998 to June 2000 at 19 Lenwood Park Mobile Home Estates with Tanja A. Jumper. It is averred that from 1996 to the summer of 2000, the children resided with Tanja A. Jumper and Paul Bauserman, at 90 Lenwood Park, Shippensburg, Franklin County, Pennsylvania. c.) Denied. It is denied that from June 2000 to August 2001, the children resided at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper and occasionally Paul Bauserman. Rather, it is averred that from June 2000 to December 2001, the children resided at 16 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, with Tanja A. Jumper and Paul Bauserman. d.) Denied. It is denied that from August 2001 to January 23, 2002, the children maintained residence at 270 Mainsville Road, Shippensburg, Pennsylvania, with Troy E. Bigler, Pepper D. Burkholder, and Makiela Burkholder, and that during this period of time several nights were spent at their mother's home. Rather, it is averred that from August 2001 to December 2001, Troy E. Bigler alone resided at 270 Mainsville Road, Shippensburg, Pennsylvania with Pepper D. Burkholder and her daughter. As noted in subparagraph (c) above, during this time period the children resided with Tanja A. Jumper and Paul Bauserman at 16 Independence Drive, Shippensburg, Pennsylvania. It is further averred that from December 2001 to December 2002, the children resided at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper and Troy E. Bigler. e.) Denied. It is denied that from January 23, 2002 to December 7, 2002, the children resided at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper, Troy E. Bigler, occasionally Paul Bauserman, and some overnights with Pepper D. Burkholder at 270 Mainsville Road, Shippensburg, Pennsylvania. Rather, it is averred as aforesaid in subparagraph (d). Denied. It is denied that from December 7, 2002 to June 13, 2003, the children spent approximately equal time between the homes of their mother Tanja A. Jumper at 16 Independence Drive, Shippensburg, and at the home of their father Troy E. Bigler and his girlfriend, Charlene Shields, and her daughter, Jolene, age 8, at 15 Cherokee Drive, Shippensburg, Pennsylvania. Rather, it is averred that from December 2002 to June 2003, the children resided at 16 Independence Drive, Shippensburg, Pennsylvania, with Tanja A. Jumper. By way of further response, it is averred that Troy E. Bigler began his relationship with Ms. Shields in approximately December 2002 and for a few months immediately following this time, he did not exercise his custody with the children. g.) Denied. It is denied that from June 13, 2003 to August 25, 2003, the children spent fifteen (15%) percent of their time with Tanja A. Jumper and eighty-five (85%) percent of their time with Troy E. Bigler. It is averred that beginning on or about June 16, 2003, the parties agreed to share custody more equally in the summer, although the actual summer schedule did not operate in that manner as the children consistently came home earlier than a full weekly period from Mr. Bigler's home. The parties attempted a more shared custody schedule from June 16, 2003 to July 17, 2003. Mother then vacationed with both children from July 17 through July 20, 2003. Jennifer then spent time with her father from July 23 through July 26, 2003, while her mother and brother vacationed again. Following July 26, 2003 until approximately the start of the school year, the children spent alternating weekends and an occasional weekday with their father. h.) Denied. It is denied that from August 25, 2003 to the present, mother has suddenly changed the status quo and is keeping the children 85% of the time and allowing father only 15% of the time. Rather, it is averred that for the past several years, the status quo has been for father to exercise custody on alternating weekends from Friday evening to Sunday evening. The summer of 2003 was the first summer that the parties attempted to modify the summer schedule to allow father the opportunity to spend more time with the children in the summer only. i.) Admitted in part and denied in part. It is admitted that father had at least two separation periods from Charlene during the aforementioned time periods. Respondent is without sufficient information to form a response as to the exact dates of those separation periods. It is denied that for any period of separation between Petitioner and Ms. Shields the children maintained residency with father eighty (80%) percent of the daytime and two to three overnights weekly. 6.) 10. It is denied that father has ever exercised custody of the children for two to three overnights weekly during the school year. Admitted in part and denied in part. It is admitted that the mother of the children is Tanja A. Jumper, currently residing at 16 Independence Drive Shippensburg, Pennsylvania. It is denied that Ms. Jumper resides in Franklin County, but rather, in Cumberland County. It is admitted that she is single. Admitted. Admitted. Admitted. Admitted in part and denied in part. It is admitted that Petitioner has participated as a party in litigation concerning the custody of the children in this Court. It is denied that the Court term and number of the prior litigation is as on the above caption. Rather, the current docket number was established when Respondent filed the parties' prior Order in Cumberland County. It is denied that the current action is a continuation of the existing custody matter which was continued generally on April 26, 1995. Rather, it is averred that Petitioner's petition is a new petition for modification, filed after the Franklin County Court of Common Pleas issued an Order dated October 16, 2003, finding that "there have not been actions in Franklin County since 1995 thereby requiring the institution of a new proceeding to address custody 11. 12. 13. a.) b.) c.) d.) e.) concerns at this point in time." A copy of said Order is incorporated herein by reference and attached hereto as Exhibit "A." Admitted. Admitted. Admitted. Admitted. Admitted. Denied. It is denied that for more than a year the children are used to being in the de facto custody of their father for at least half of the time. Rather, it is averred that the children have always remained in the primary custody of their mother. Petitioner is without sufficient information or knowledge to form a belief as to the truth of the allegation of this paragraph. Specific proof thereof is demanded at trial. Petitioner is without sufficient information or knowledge to form a belief as to the truth of the allegation of this paragraph. Specific proof thereof is demanded at trial. By way of further response, it is averred that mother would prefer a set g.) h.) i.) j.) k.) schedule for father's exemise of partial custody, if father will follow those time periods that may be set forth. Denied. It is denied that father is as capable as mother to provide a full support system for the children in all aspects of their lives. Specific proof thereof is demanded at trial. Denied. It is denied that the relief requested would help provide stability for the children to continue to spend as much time with their father as they are used to spending. By way of further response, it is denied that the children are sued to spending equal time with their father, as he is requesting now. Denied. It is denied that the children would prefer to spend one-half of their time with father. Specific proof thereof is demanded at trial. Denied. It is denied that since the inception of this action, mother has greatly curtailed father's time with the children and has given the older daughter extreme freedom to curry favor with her daughter which is to the detriment to the daughter. Specific proof thereof is demanded at trial. Denied. It is denied that father is more likely to cooperate in generously allowing the other parent to parent their two children than mother. Specific proof is demanded at trial. 14. Admi~ed. WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's request for shared legal custody and joint physical custody of the children. Respectfully submitted, Maryl~u(IV~tas, EsqUire Attorney fcrP Plaintiff/Respondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. TANJ/~A. JUMPER,~lainti ff/ll, espondent 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRIC~f, PENNSYLVANIA FRANKLIN COUNTY BRANCH TANJA A. JUMPER : CIVIL ACTION VS : NO. 1995-153 TROY E. BIGLER : IN CUSTODY APPEARANCES: Marylou Matas, Esquire, appears on behalf of the P 1 aint i f f / Re spondent. Michael B. Finucane, Esquire, appears on behalf of the Defendant/Petitioner. ORDER OF COURT October 16, 2003, the above-captioned matter having come before the Court based on a petition for rescheduling a custody matter filed on behalf of the Defendant, Troy Bigler, a~d a review of the preliminary objections to jurisdiction filed on behalf of Tanja Jur~per by her counsel, MarylouMatas, Esquire, and the Court further reviewing the memorandums supplied by counsel for the parties being Michael B. Finucane for Defendant/Petitioner and Attorney Matas for the Plaintiff/Respondent, and the Court having heard oral argument, the Court hereby finds that home jurisdiction in 1 Sharon A. Welty, RPR Official Court Reporter EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this case is in Cumberland County. There have not been actions in Franklin County since 1995 thereby requiring the institution of a new proceeding to address custody concerns at this point in time. The Court determines that the children have resided for at least the last six months more in Cumberland County than in Franklin County. And therefore, the objections are sustained. The Court further orders that this record be transferred to Cumberland County. And the parties are directed to institute proceedings to address their concerns in that jurisdiction. By the Court, Marylou Matas, Esquire Michael B. Finucane, Esquire 2 Sharon A. Welty, RPR Official Court Reporter TANJA A. JUMPER, Plaintiff/Respondent TROY E. BIGLER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-5198 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ,'3-~7 ~ ~ ~) ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the ,f.~ day of ~ ,2004, at 9:3 d) o'clock, ]oF . M., at which time testimony will'be taken. For purposes of this Heating, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Troy E. Bigler, and the Mother, Tanja A. Jumper shall have shared legal custody of Kevin Matthew Bigler, bom October 1, 1992 and Jennifer Renee Bigler, bom January 23, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. children: Father shall have the following periods of partial physical custody of the A. On an altemating weekend basis from Friday after school to Sunday at 8:00 p.m. beginning January 30, 2004. B. Every Monday and Wednesday from after school to 9:00 -9:30 p.m. C. Such other times as the parties agree. 6. In the event that either custodial parent during their period of custody will leave the children otherwise unsupervised at home for more than two hours, that parent shall offer the other parent, in a reasonably timely fashion so that the other parent may exercise the offer, the right of first refusal to care for the children. 7. Transportation shall be shared such that the receiving parent shall transport the children. 8. The parties shall cooperate in obtaining, and if suggested, participate in counseling for Jennifer. The cost for said counseling after insurance shall be divided equally among the parties. 9. The parties may modify this Order by mutual agreement. In the absence ofmutuai consent, the terms of this Order shall control. BY THE COURT, cc:qeIichael B. Finucane, Esquire, counsel for Father ,d~arylou Matas, Esquire, counsel for Mother TANJA A. JUMPER, Plaintiff V. TROY E. BIGLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-5198 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kevin Matthew Bigler Jennifer Renee Bigler October 1, 1992 January 23, 1989 Mother Mother 2. A Conciliation Conference was held January 20, 2004 with the following individuals in attendance: The Father, Troy E. Bigler, with his counsel, Michael B. Finucane, Esquire, and the Mother, Tanja A. Jumper, with her counsel, Marylou Matas, Esquire. 3. The Court of Common Pleas of Franklin County, Judge Herman previously entered an Order dated February 14, 1995. Both parties admitted that the prior Order had not been followed for some time. The parties also agreed that the current status quo was that they shared legal custody and Mother had primary physical custody with Father having alternating weekends. Thereafter the Court refused jurisdiction since both parents reside in Cumberland County. Father filed a Petition to Modify Custody Order in Cumberland County. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that he previously had primary physical custody of the children. He believes that Mother is too liberal in her supervision of their daughter with regard to dating and alleges that Mother permits their daughter to be in her bedroom with her boyfriend with the door closed. Father further maintains that Mother, only after he filed the current Petition to Modify, has refused to permit liberal custody periods for Father which he previously enjoyed. Father asserts that he has a stable job and an appropriate home for the children. Father is also concerned about daughter's school performance. During the school year 2002-2003, the daughter missed 30 days of school. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother denies permitting their daughter to be alone unsupervised with daughter's boyfriend. She does admit to having a doctor prescribe birth control pills. Mother maintains that Father suffers from depression and is mentally unstable to care for the children. Mother asserts Father's irresponsibility by his lack of own housing. Father lives with his girlfriend in girlfriend's trailer. Mother further alleges that Father filed the current modification to reduce his child support. She claims Father told their daughter this. She also asserts that Father called the daughter a "slut" recently. Mother suggests that daughter has always been a poor student. She alleges that Father is equally culpable for the child missing school. Mother maintains that the children do not want to spend more time with their Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having alternating weekends. It is expected that the Hearing will require one day. Date ~cqu~ine M. Vemey, Esquire Custody Conciliator TANJA A. JUMPER, VS. TROY E. BIGLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-5198 CIVIL TERM : IN CUSTODY PETITION TO WITHDRAW AS COUNSEl, AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner, Bradley L. Griffie, Esquire, is substitute counsel for the above named Plaintiff, Tanja A. Jumper, while associate Marylou Matas, Esquire is on maternity leave. 2. The law firm of Griffie and Associates is counsel of record in this matter. 3. Plaintiff has failed to pay substantial outstanding legal obligations due to the law firm of Griffie and Associates, and has failed to provide the required retainer, which is necessary in order to prepare for and attend a custody heating scheduled for April 5, 2004, at 9:30 a.m. in Courtroom #1 of the Cumberland County Courthouse. 4. Plaintiff has failed to schedule appointments to prepare for the upcoming hearing on April 5, 2004, which must be scheduled with substantial advance notice due to the fact that Marylou Matas, Esquire, will be on maternity leave through April 2004, thereby obligating the remaining counsel of Griffie and Associates to assume representation of Ms. Matas' clients. 5. Petitioner has been unsuccessful in gaining the cooperation of Plaintiff to pay the outstanding bill due to Griffie and Associates. to pay the retainer required to represent her at the custody hearing and to schedule appointments to prepare for the hearing. 6. Petitioner is unable to properly prepare for a custody hearing or represent the Plaintiff at a custody hearing based upon these circumstances. WHEREFORE, Petitioners requests your Honorable Court to enter a Rule upon the Plaintiff, Tanja Jumper, to Show Cause, if any she has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Esquire '~'~I~RIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 170113 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. Esquire TANJA A. JUMPER, VS. TROY E. BIGLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-5198 CIVILTERM : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ff'Oday of March, 2004, cause a copy of a Petition to Withdraw as Counsel to be served upon the following individual by first class mail, postage prepaid at the following address: Tanja Jumper 16 Independence Drive Shippensburg, PA 17257 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 TANJA A. JUMPER, Plaintiff VS. TROY E. BIGLER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-5198 CIVILTERM : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law finn of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner, Bradley L. Griffie, Esquire, is substitute counsel for the above named Plaintiff, Tanja A. Jumper, while associate Marylou Matas, Esquire is on maternity leave. The law finn of Griffie and Associates is counsel of record in this matter. Plaintiff has failed to pay substantial outstanding legal obligations due to the law finn of Griffie and Associates, and has failed to provide the required retainer, which is necessary in order to prepare for and attend a custody hearing scheduled for April 5, 2004, at 9:30 a.m. in Courtroom #1 of the Cumberland County Courthouse. Plaintiff has failed to schedule appointments to prepare for the upcoming hearing on April 5, 2004, which must be scheduled with substantial advance notice due to the fact that Marylou Matas, Esquire, will be on maternity leave through April 2004, thereby obligating the remaining counsel of Griffie and Associates to assume representation of Ms. Matas' clients. 5. Petitioner has been unsuccessful in gaining the cooperation of Plaintiff to pay the outstanding bill due to Griffie and Associates. to pay the retainer required to represent her at the custody hearing and to schedule appointments to prepare for the hearing. 6. Petitioner is unable to properly prepare for a custody hearing or represent the Plaintiff at a custody hearing based upon these circumstances. WHEREFORE, Petitioners requests your Honorable Court to enter a Rule upon the Plaintiff, Tanja Jumper, to Show Cause, if any she has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ~^~ >/~/~ ~ ~,~q~re TANJA A. JUMPER, Plaimiff VS. TROY E. BIGLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-5198 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the '~(P'~ day of March, 2004, cause a copy of a Petition to Withdraw as Counsel to be served upon the following individual by first class mail, postage prepaid at the following address: Tanja Jumper 16 Independence Drive Shippensburg, PA 17257 DATE: GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 TANJA A. JUMPER, Plaintiff VS, TROY E. BIGLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-5198 CIVILTERM : IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this ~,~ day of ¢/~>/ L ,2004, upon prqsen[ation 3nd consideration of the within Petition to Withdraw a Rule is hereby issued.upo~laintiff, Tanja A. Jumper, to Show Cause, if any she has, as to why Ma~lou Matas, ~quire ~d the law fi~ of Griffie & Associates should not be pe~itted to wi~draw as ~ counsel in ~e above-captioned matter. Rule returnable IN days after service by first-class mail, postage prepaid upon the Plaintiffto her last known addressz, z~(~u [3~D '~C2~cBJe~ ~ /5o~-J . Cc: BY THE COURT, Bradley L. Griffie, Esquire ~ Petitioner~Attorney for Plaintiff Tanja A. Jumper ~ Plaintiff Michael B. Finucane, Esquire Attorney for Defendant : ~ Tile COUP-T OF Co~-'&'4°N pLEAS O"F : CUMBEgLAND coUNT'/', PENriqsYL¥~A : ACTION - LA~ : CIVIL ~oYE. BIOLEK, : NO.03-519BCIVILTE~ Defend~t o~ER OF coURT of Defendant's AND NOW, ~is 6~ day of April, 2004, upon consideration Bigler Petition To Modi~ Custody with respect to the pagies' chil&en, le~ifer Renee (d.o.b. lanuaW 23, 1989) ~d Kevin Ma~hew Bigler (d.o.b. October 1, 1992), following a hearing held on April 5, 2004, ~d based upon ~e couP's perception as to the best interests of the children, it is ordered and directed as follows: 1. The Father, Troy E. Bigler, ~d the Mother, Tanja A. Jumper, shall have sh~ed legal custody of the: children. Each p~ent shall have an equal right, to be exercised ~o,intly with the other parent, to make all major non-emergency decisions affecting the chil&en's general well-being including, but not limited to, all decisions reg~ding their health, education ~d religion. 2. Prim~ physical custody of~e children shall be in the Mother. 3. Temporary or pa~ial physical custody of the children shall be in the Father, at the following times: a. D~ing the school ye~, (1) On an alternating weekend basis ~om Friday aAer school to S~tday at 8:00 p.m.; (2) Eveu Monday ~d We~esday from a~er school to 9:00 p.m.; (3) On Christmas; Day, ~om 3:00 p.m. until 8:00 p.m.; ,~radley L. Griffie, Esq. 200 N. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff (4)On Thanksgiving Day, fi.om 3:00 p.m. until 8:00 p.m.; b. During the summer, for one week out of every three weeks, fi.om Sunday at 8:00 p.m. until Sunday at 8:00 p.m. 4. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. 5. Nothing herein is intended to preclude the parties fi.om deviating from the terms of this custody order by mutual agreement. BY THE COURT, v'/~lichael B. Finucane, Esq. 14 N. Main Street Suite 500 Chambersburg, PA 17201 Attorney for Defendant :rc TANJA A. JUMPER, : Plaintiff : V. : TROY E. BIGLER, : Defendant : AND NOW, this IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY NO. 03-5198 CIVIL TERM ORDER OF COURT 5th day of April, 2004, upon consideration of Defendant's Petition To Modify Custody with respect to the parties' children, Jennifer Renee Bigler (date of birth January 23, 1989) and Kevin Matthew Bigler (date of birth October 1, 1992), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. By the Court, J/,%{e~ley ~5, Jr. ,~T~. :lfh For the Plaintiff Michael B. Finucane, Esquire For the Defendant TANJA A. JUMPER, Plaintiff TROY E. BIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY NO. 03-5198 CIVIL TERM ORDER OF COURT' AND NOW, this 5th day of April, 2004, upon motion of Plaintiff's counsel to withdraw the Petition To Withdraw As Counsel, the motion is granted and the Petition To Withdraw As Counsel is deemed withdrawn. By the Court, Bradley L. For the Plaintiff Griffie, Esquire Michael B. Finucane, Esquire For the Defendant :lfh