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HomeMy WebLinkAbout07-5737CHRISTINA A. JONES, Plaintiff VS. TORREY K. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 %• 3'13Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Christina A. Jones, who currently resides at 12 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania, 17266. 2. Defendant is Torrey K. Jones, who currently resides at 2A Duke Street, Hershey, Dauphin County, Pennsylvania, 17033. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Samantha L. Jones 4/14/93 (14) 12 Maple Ave., Walnut Bottom, Pa. 17266 Hailey C. Jones 3/25/99(8) 12 Maple Ave., Walnut Bottom, Pa. 17266 Donovan C. Jones 9/22/00(7) 12 Maple Ave., Walnut Bottom, Pa. 17266 Cassandra M. Jones 4/14/03(4) 12 Maple Ave., Walnut Bottom, Pa. 17266 Mother and Father married on December 13, 1997. Mother currently has primary physical custody of the children. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Christina A. Jones 12 Maple Ave. 2002 - 9/21/07 Torrey K. Jones Walnut Bottom, Pa. 17266 Christina A. Jones 12 Maple Ave. 9/21/07 - present Walnut Bottom, Pa. 17266 The mother of the children is Christina A. Jones. She currently resides at 12 Maple Ave., Walnut Bottom, Pa. 17266. She is married to Torrey K. Jones. The father of the children is Torrey K. Jones. He currently resides at 2A Duke St., Hershey, Pa. 17033. He is married to Christina A. Jones. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court other than as follows: Mother previously had requested a PRA be entered against Father, the PRA included only basic custody provisions. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties recently separated on September 21, 2007. Mother remained in the marital home with the children. Mother is requesting, a custody Order which confirms that she will retain primary _physical custody of the children and that they will remain primarily with her and continue to go to school in the same school district. Mother believes that such an Order would be in the best interest of the children because it would provide stability and security for the children and provide for their needs. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: /0-/ - () ? rD eAdams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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: 10 1 - 01 Christina A. Jones, P aintiff r° I -r CHRISTINA A. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. TORREY K. JONES DEFENDANT 2007-5737 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 02, 2007 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,O?z 46!v ,5- t?/ c.? .S• dl A _ NOV 072007,yf" a' CHRISTINA A. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TORREY K. JONES, : NO. 2007-5737 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Christina A. Jones, and the father, Torrey K. Jones, shall enjoy shared legal custody of Samantha L. Jones, born April 14, 1993, Hailey C. Jones, born March 25, 1999, Donovan C. Jones, born September 22, 2000 and Cassandra M. Jones, born April 14, 2003. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy liberal periods of temporary physical custody of the minor children pursuant to a schedule as agreed upon by the parties. 4. In the event the parties are unable to agree upon a custody schedule, the following custody schedule shall apply: A. Father shall have custody of the minor children on alternating weekends from Friday at 6: p.m. until Sunday at 5:00 p.m. B. Father shall have custody every other Wednesday night following his custodial weekend from 5:00 p.m. until 8:00 p.m. C. Both parties must take the children too all scheduled extra curricular activities. D. Neither party will use alcohol or illegal drugs while they have custody of the minor children or for two hours prior to initiating custody with the minor children. E. The Thanksgiving Holiday would be handled such that mother has custody from 8:00 a.m. until 6:00 p.m. on Thursday and the father having 6:00 p.m. Thanksgiving Day until 6:00 p.m. Friday. F. The Christmas Holiday shall be handled with the father having custody on Christmas from 10:00 a.m. until 8:00 p.m. and the mother having custody from 8:00 p.m. on Christmas eve through Christmas Day. However, the father shall ,1 i have the option of coming to the mother's home on Christmas Day to deliver presents or otherwise spend some time with the children. G. Father shall also have a few days over Christmas break to have custody with the children pursuant to a schedule as agreed upon by the parties. H. For New Years Eve, mother shall have custody on New Years Eve until 2:00 p.m. on New Year's Day with the father having the second part of New Year's Day after the mother's meal with the children. I. For the Easter Holiday, mother shall have custody until 2:00 p.m. with the father having 2:00 p.m. until 8:00 p.m. J. During the summer months, father shall have the ability to have extended weekends with the minor children when he is not working pursuant to a scheduled as arranged between the parties. K. The parties shall also work with each other with respect to splitting or alternating custody of the minor children Memorial Day, July 4 and Labor Day and for any other pertinent holidays. 5. In the event either party desires to modify the above Order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY TAIE CO Judge cc: Anthony L. DeLuca, Esquire (246 ??ES /"Ls Jane Adams, Esquire > ' ///9/4 07 C`'. w b 6ti c" t- crt c° U A . 1-.,. CHRISTINA A. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TORREY K. JONES, NO. 2007-5737 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Samantha L. Jones, born April 14, 1993, Hailey C. Jones, born March 25, 1999, Donovan C. Jones, born September 22, 2000 and Cassandra M. Jones, born April 14, 2003. 2. A Conciliation Conference was held on November 2, 2007, with the following individuals in attendance: The mother, Christina A. Jones, with her counsel, Jane Adams, Esquire, and the father, Torrey K. Jones, with his counsel, Anthony L. DeLuca, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 111(,10-7 Hubert X. G' oy, Esquire Custody nciliator F-1 ARY ZQfOt;;' -5 P01 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com ---------------------------------------------- CHRISTINA A. JONES, Plaintiff vs. TORREY K. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 5737 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Christina A. Jones, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Christina A. Jones, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 12 Maple Ave., Walnut Bottom, Pa., 17266. 2. Torrey K. Jones, Respondent, (hereinafter referred to as "Father") is the Defendant in the above-captioned matter, and is currently residing in Mount Holly Springs, Pennsylvania, 17065. 3. The parties are the natural parents of the following minor children: Samantha L. Jones, born April 14, 1993, Hailey C. Jones, born March 25, 1999, Donovan C. Jones, born September 22, 2000, and Cassandra M. Jones, born April 14, 2003. 4. The parties are subject to an Order of Court, entered November 8, 2007, under the above-captioned docket number, which provides that the parties have shared legal custody and shared physical custody. 70,00 p, ` 4,45 Vf ?IG3? 5. Since entry of the last Order, there has been a substantial change of circumstances. 6. Mother is extremely concerned regarding the following events and requests the following modifications to the Order: (a) Samantha Jones (age 17) has not gone to see her father since November 2007. She was fourteen when the parties separated. She did attempt counseling with Father, but Father refused to continue counseling. Her relationship with her father not been good, and Mother is requesting that she not be required to go to father's home, to the extent provided in the custody Order. (b) Mother is concerned that the younger children have access to Father's Facebook account, in his home, which is linked to X-rated profiles and sites. Father has posted negative comments regarding Mother. Mother is requesting that Father be ordered to prevent the children from accessing such sites, and remove the children's pictures from his on-line accounts. (c)On May 2, 2010, the children were at Father's home and Father became frustrated with Hailey and forcefully pushed her into the bathroom, causing a bruise on her shin. Mother is requesting that Father be ordered to not use force against the children and be ordered to participate in anger management classes. This is not the first incident in which Father's anger and behavior affected the children negatively. (d) Mother is requesting that the court consider restricting Father's time with the children after receiving input from the children's counselors, as Father's angry actions have caused substantial stress to the children and they are fearful of going to his home. 7. Mother is requesting that the current custody Order be modified 8. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 9. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's safety and well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date sus/,o re Adams, Esquire ?"7 . o. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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 unswom falsification to authorities. Date: 513110 aChrisUna?kAk . Jones, etitioner CHRISTINA A. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PFsNNSYLVANIA V. TORREY K. JONES DEFENDANT 2007-5737 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 11, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 03, 2010 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearnnt^. FOR THE COURT, By: /s/ Hubert X. G17ro Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T HE OFFICE S" FOR'fTI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C Cumberland County Bar Association 10 Cie-C4 co 'C? ` w " 32 South Bedford Street - r r ?Q Carlisle, Pennsylvania 17013 ; j-': c '` Telephone (717) 249-3166 c,