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HomeMy WebLinkAbout03-6088ERICA M. LeBLANC, Plaintiff V3. PHILLIP R. JONES, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. 03 - LOPP * * * CIVIL ACTION - LAW * IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, ERICA M. LeBLANC, by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Erica M. LeBlanc, who currently resides at 46 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Phillip R. Jones, who currently resides at 925 Church Street, Mount Joy, Lancaster County, Pennsylvania 17552. 3. The above parties are the natural parents of one minor child: Rayna M. LeBlanc, date of birth, November 4, 2001. The child was born out of wedlock. 4. The child is currently in the care and custody of Plaintiff. 5. During the past five years, the child has resided with the following persons and at the following addresses: A. 46 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, with Plaintiff from March 31, 2003 to the present. B. 613B Geneva Drive, Apartment 13, Mechanicsburg, Cumberland County, Pennsylvania,with Plaintiff from March 2002 to March 31, 2003. Defendant resided with Plaintiff and the minor child intermittently, for a total period not exceeding two (2) months. C. 56 Circle Drive, Camp Hill, Cumberland County, Pennsylvania, with Plaintiff, Plaintiffs mother, Denise LeBlanc, and Plaintiffs father, Conrad LeBlanc, Jr., from November 2001 until March 2002. 6. The mother of the child is Erica M. LeBlanc, currently residing at 46 Village Court, Mechanicsburg, Cumberland County, Pennsylvania. 7. The father of the child is Phillip R. Jones, currently residing at 925 Church Street, Mount Joy, Lancaster County, Pennsylvania. 8. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with her daughter, Rayna M. LeBlanc. 9. The relationship of Defendant to the child is that of father. Defendant currently resides with his mother, Barbara Fanus, and her roommate, Richard Johnson. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. Plaintiff has not participated as a parry or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting Plaintiff legal and physical custody of the child. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court enter an Order awarding her legal and physical custody of the minor child. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: )) 1) y ?a3 io Bradley Winnick, Esquire 1 South altimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I verify that the statements made in this 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 unswom falsification to authorities. Date: j1- (u 0 -t-" 0 0 1-' -(?a & 00--- ERICA M. LeBLANC ERICA M. LEBLANC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PHILLIP R. JONES DEFENDANT 03-6088 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 15, 2003 at 10:30 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/ Jacqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 17 MNHAIJr lad I?WP,n? nr.P;?y'Yft? t I :e Wd h- 030 CO AM, ! ? ?0 z K) w c d JI J DEC 1 6 2003 V ERICA M. LeBLANC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PHILLIP R. JONES, : NO. 2003-6088 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 0 day of '2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. J , of the Cumberland County Court House, on the tl *1 ' day of F1A1w?2004, at _fJD o'clock,L . M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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 Mother, Erica M. LeBlanc, and the Father, Phillip R. Jones shall have shared legal custody of Rayna M. LeBlanc, born November 11, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 4. Mother shall have primary physical custody of the Child. 5. Father shall have the following periods of partial physical custody of the Child: A. Saturday, December 20, 2003 and Saturday, December 27, 2003 from 9:00 a.m. to 1:00 p.m. Said visits shall occur at the Colonial Park Mall. The parties shall meet at the Food Court in said mall and Father shall remain in the mall with the Child. Mother may observe the interaction of Father and Child from a distance. l? B. On Saturday, January 3, 2004 and Saturday, January 10, 2004 from 9:00 a.m. to 5:00 p.m. The parties shall meet at the Colonial Park Mall. Father is permitted to remove the Child from the Mall provided he has an approved Child car seat to transport the Child. C. On Saturday, January 24, 2004 and February 7, 2004 overnight from Saturday at 4:00 p.m. to Sunday at 4:00 p.m. The parties shall meet at the Colonial Park Mall. D. Beginning February 20, 2004 alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. The parties shall meet at the Colonial Park Mall. E. Such other times as the parties agree. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY T URT, J. ccYBradley A. Winnick, Esquire, counsel for Mother ,ichard J. Gromen, Jr., Esquire, counsel for Father J? \ ?9A .a n v ,?,n 1Pd r? 01 .6 1 '< 61 330 HOZ ERICA M. LeBLANC, Plaintiff V. PHILLIP R. JONES, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-6088 CIVIL TERM : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rayna M. LeBlanc November 4, 2001 Mother 2. A Conciliation Conference was held December 15, 2003 with the following individuals in attendance: The Mother, Erica M. LeBlanc, with her counsel, Bradley A. Winnick, Esquire, and the Father, Phillip R. Jones, with his counsel, Richard J. Gromen, Jr., Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. She asserts that Father has spent. limited time with the child and is unable to care for her. She insists that the phase-in period should be supervised by her. Mother also objects to shared transportation, insisting, that Father should be responsible for all transportation. 4. Father's position on custody is as follows: Father seeks shared legal custody and partial physical custody with Father having a phased in schedule beginning with Mother being able to observe the interaction from a distance in a public place. Father ultimately requests an alternating weekend schedule once the phase in has occurred. Father maintains that Mother has prevented him. from having a relationship with the Child. 5. 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 a phased-in period of partial physical custody until achieving alternating weekends. It is expected that the Hearing will require one day. Date acq eline M. Verney, Esquire Custody Conciliator ERICA M. LEBLANC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PHILLIP R. JONES : NO. 2003-6088 CIVIL TERM ORDER OF COURT AND NOW, this 20"' day of FEBRUARY, 2004, at the request of counsel the hearing scheduled for February 11, 2004, is continued generally and will be rescheduled at the request of either parry. By ?BBradley A. Winnick, Esquire ? Richard J. Gromen, Jr., Esquire :sld ? a-a oil E. Guido, J. rl- 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERICA M. LeBLANC, * NO. 2003-6088 CIVIL TERM Plaintiff VS. * IN CUSTODY PHILLIP R. JONES, Defendant AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this a1ti day of to & tch 2004, Erica M. LeBlanc of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), and Phillip R. Jones of Mount Joy, Lancaster County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Rayna M. LeBlanc, date of birth, November 4, 2001, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Erica M. LeBlanc is the natural mother of said minor child; and WHEREAS Phillip R. Jones is the natural father of said minor child; and WHEREAS Mother filed a Custody Complaint in the Cumberland County Court of Common Pleas at the above-captioned docket on November 19, 2003; and WHEREAS the parties, having reached an agreement regarding custody prior to the trial, are desirous of avoiding fiuther legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: The parties shall share legal custody of the mirror child. Each party shall have the right to participate in the major decisions affecting the child, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The party having primary physical custody of the child shall provide to the other party advance information on a timely basis of any and all school programs, events, meetings and teacher conferences involving the child. 2. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. Father's first weekend custody following the entry of this Agreement shall begin on March 12, 2004. 4. Mother and Father shall share the Thanksgiving and Easter holidays with Father having the child from 9:00 am. until 3:00 p.m., and Mother having the child for the remainder of the holiday. Mother shall have custody on Mother's Day from 9:00 am. until 7:00 p.m. and Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. 6. In even-numbered years, Mother shall have custody for the Christmas Holiday from December 24th at 1:00 p.m. until December 25th at 3:00 p.m. and Father shall have custody from December 25th at 3:00 p.m. until December 26th at 5:00 p.m. This schedule shall be reversed in odd- numbered years. 7. All other holidays shall be decided by mutual agreement of the parties. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Father shall be entitled to two (2) non-consecutive weeks of custody during the summer. Father shall exercise one week in July and one week: in August. Father shall provide Mother at least sixty (60) days advance written notice of when he intends to exercise his summer custody. Father's week custody periods shall run from Friday at 7:00 p.m. until Friday at 7:00 p.m. and shall encompass his regularly scheduled weekend. 10. The parties shall share all transportation with the party obtaining custody picking up the child at the home of the other party. 11. Each party shall be responsible for providing all necessities for the child while in that party's care. This shall include, but not be limited to, food, drink and diapers. It is agreed that any clothing or accessories sent with the child for a custody period shall be returned to the other party at the conclusion of that custody period. 12. Each party agrees not to attempt to alienate the affections of the child from the other and to refrain from making disparaging remarks about the other, or allowing third parties to do so in the presence of the child. 13. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Each parent shall be entitled to reasonable telephone contact with the child. The parties shall consider the child's age in determining appropriate times for telephone calls and the frequency of telephone calls. Telephone calls between the parties shall be limited to that necessary to the health and welfare of the child. 15. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 16. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody vohurtarily and after consulting with their respective counsel. It is hereby acknowledged that the instant Agreement is not entered into by means of duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Erica M. LeBlanc, Plaintiff *BA Plaintiff Phillip R. Jon W, Defendant ." Gromen, Jr., for Defendant - z- = ?wo .T N G/ MA1 8 2004 IN THE COURT OF COMMON ]PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERICA M. LeBLANC, Plaintiff VS. PHILLIP R. JONES, Defendant * NO. 2003-6088 CIVIL TERM * IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 1? "day of IM 0.4p ` ? 2004, upon consideration of the foregoing Stipulation and motion of Bradley A. Winnick, Esquire, counsel for Plaintiff, Erica M. LeBlanc, and Richard J. Gromen, Jr., Esquire, counsel for Defendant, Phillip R. Jones, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated Me tck ia. , 2004, are adopted as an Order of Court as if set forth herein at length. , J. DISTRIBUTION: ley A. Winnick, Esq. chard J. Gromen, Jr., Esq V "T- O 03" 2.3 130 W. Church Street, Dillsburg, PA 17019 3121-F Mount Joy Road, Mount Joy, PA 17552 f,y IN THE COURT OF COMMON ]PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERICA M. LeBLANC, * NO. 2003-6088 CIVIL TERM Plaintiff VS. * IN CUSTODY PHILLIP R. JONES, Defendant AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this la. ' day of PA^,c.h 2004, Erica M. LeBlanc of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), and Phillip R. Jones of Mount Joy, Lancaster County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Rayna M. LeBlanc, date of birth, November 4, 2001, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Erica M. LeBlanc is the natural mother of said minor child; and WHEREAS Phillip R. Jones is the natural father of said minor child; and WHEREAS Mother Sled a Custody Complaint m the Cumberland County Court of Common Pleas at the above-captioned docket on November 19, 2003; and WHEREAS the parties, having reached an agreement regarding custody prior to the trial, are desirous of avoiding fiuther legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: The parties shall share legal custody of the minor child. Each party shall have the right to participate in the major decisions affecting the child, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The parry having primary physical custody of the child shall provide to the other party advance information on a timely basis of any and all school programs, events, meetings and teacher conferences involving the child. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have partial physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m Father's first weekend custody following the entry of this Agreement shall begin on March 12, 2004. 4. Mother and Father shall share the Thanksgiving; and Easter holidays with Father having the child from 9:00 am until 3:00 p.m, and Mother having the child for the remainder of the holiday. 5. Mother shall have custody on Mother's Day from 9:00 am until 7:00 p.m. and Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.rn. 6. In even-numbered years, Mother shall have custody for the Christmas Holiday from December 24th at 1:00 p.m until December 25th at 3:00 p.m and Father shall have custody from December 25th at 3:00 p.m until December 26th at 5:00 p.m This, schedule shall be reversed in odd- numbered years. All other holidays shall be decided by mutual agreement of the parties. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Father shall be entitled to two (2) non-consecutive weeks of custody during the summer. Father shall exercise one week in July and one week in August. Father shall provide Mother at least sixty (60) days advance written notice of where he intends to exercise his summer custody. Father's week custody periods shall run from Friday at 7:00 p.m. until Friday at 7:00 p.m. and shall encompass his regularly scheduled weekend. 10. The parties shall share all transportation with the parry obtaining custody picking up the child at the home of the other party. 11. Each party shall be responsible for providing all necessities for the child while in that party's care. This shall include, but not be limited to, food, drink and diapers. It is agreed that any clothing or accessories sent with the child for a custody period shall be returned to the other party at the conclusion of that custody period. 12. Each party agrees not to attempt to alienate the affections of the child from the other and to refrain from making disparaging remarks about the other, or allowing third parties to do so in the presence of the child. 13. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Each parent shall be entitled to reasonable telephone contact with the child. The parties shall consider the child's age in determining appropriate times for telephone calls and the frequency of telephone calls. Telephone calls between the parties shall be limited to that necessary to the health and welfare of the child. 15. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 16. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after consulting with their respective counsel. It is hereby acknowledged that the instant Agreement is not entered into by means of duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. L,LC?- ?A ? Erica M. LeBlanc, Plaintiff V" Brad y A. Winnick, Esquire Atto y for Plaintiff Phillip R. Jon W, Defendant ." Gromen, Jr., for Defendant C'? ? Ci ' C_ ri _ (tl ?: - T (il ?? l?rl ) ` 1 ? .' _; .Tl ni ERICA M. LeBLANC, Plaintiff V. PHILLIP R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-6088 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Erica M. LeBlanc, who resides at 21 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Phillip R. Jones, who resides at 871 Ironridge Road, Mt. Joy, Pennsylvania 17552. 3. On March 22, 2004, the Honorable Edward E. Guido entered the Stipulation and Court Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Father is not employing adequate safeguards against smoking by members of his household in the presence of the child. b. Father is not ensuring the appropriate child seat is being employed. 5. The best interest of the child will be served by the Court in modifying said Order to include stronger and more direct provisions in these matters. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Stipulation and Court Order of March 22, 2004. CONTEMPT 6. Previous paragraphs are incorporated by reference. 7. Father is not using the appropriate child seat, in violation of paragraph eleven (11) of the current Custody Order. 8. Father is smoking in the presence of the child in violation of paragraph thirteen (13) of the current Custody Order. WHEREFORE, Petitioner respectfully requests this Honorable Court find the Defendant in contempt of Court, and require him to comply with the March 24, 2004, Court Order. Respectfully submitted, Rominger & Associates -7:::?' Date: O .-- arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff ERICA M. LeBLANC, Plaintiff V. PHILLIP R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-6088 CIVIL TERM IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 7 a Od&' Y,.,U C Q {'A . Erica M. LeBlanc, Plaintiff ERICA M. LeBLANC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PHILLIP R. JONES, No. 03-6088 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Erica M. LeBlanc, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Phillip R. Jones 871 Ironridge Road Mt. Joy, PA 17552 Respectfully submitted, Rominger & Associates Date: ?--_. arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff W?18 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERICA M. LeBLANC, Pkintiff * VS. * * PHELLIP R. JONES, Defendant NO.2003-6088 CIVIL TERM IN CUSTODY ORDER ADOPTING STIPULAMN QF P TIES AND NOW, to wit, this ?? # day of Om , 2004, upon consideration of the foregoing Stipulation and motion of Bradley A. Wmmck, Esquire, counsel for Plaintiff Erica M. LeBlanc, and Richard J. Gromen, Jr., Esquire, counsel for Defendant, Phillip R. Jones, it is hereby ordesod, adpdged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated Me -c1N M2404, are adopted as an Order of Court as if set forth herein at leng& , J. DISTRIBUTION: A. W'mnick, Esq. J. Croinen, Jr., Esq. 0A 03 130 W. Church Street, Dillsburg, PA 17019 3121-F Mount Joy Road, Mount Joy, PA 17552 c?w6A *A It L/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERICA M. IABLANC, Plaintiff V9. PHILLIP R. JONES, Defendant * NO. 2003-6088 CIVIL TERM k * IN CUSTODY AGREEMENT AND 6121 "MN OF CUSTODY AND NOW, this *.'day of K-,C? , 2004, Erica M. LeBlanc of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as `Mother"), and Phillip R. Jones of Mount Joy, Lancer County, Pennsylvania (hereinaf ter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Rayna M. LeBlanc, date of birth, November 4, 2001, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Erica. M. LeBlanc is the natural mother of said minor chi; and WHEREAS Phillip R. Jones is the natural father of said mirror child; and WHEREAS Mother Sod a Cody Complaint in the Cumberland County Court of Common Pleas at the above-captioned docket on November 19, 2003; and WHEREAS the parties, having reached an agreement regarding custody prior to the trial, are desirous of avoiding further legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: 1. The parties shall share legal custody of the minor child. Each party shall have the right to participate in the major decisions affecting the child, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The party having primary physical custody of the child shall provide to the other party advance ink mation on a timely basis of any and all school programs, events, meetings and teacher conferences involving the chili. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have partial physical custody of the minor child on alternating weekends from Friday at 6:00 p.m until Sunday at 5:04 p.m. Father's first weekend custody following the entry of this Agreement shall begin on March 12, 2004. 4. Mother and Father shall share the Thanksgiving and Easter holidays with Father having the child from 9:00 am. until 3:00 pm., and Mother having the child for the remainder of the holiday. 5. Mother shall have custody on Mother's Day from 9:00 a.rn until 7:00 p.m and Father shall have custody on Father's Day from 9:00 am. until 7:00 p.m. 6. In even-numbered years, Mother shall have custody for the Christmas Holiday from December 24th at 1:00 p.m. until December 25th at 3:00 p.m. and Father shall have custody from December 25th at 3:00 p.m until December 26th at 5:04 p.m. This schedule shall be reversed in odd- numbered years. 7. All other holidays shall be decided by mutual agreement of the parties. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Father shall be entitled to two (2) non-consecutive weeks of custody during the summer. Father shall exercise one week in July and one week in August. Father shall provide Mother at least sixty (60) days advance written notice of when he intends to exercise his summer custody. Father's week custody periods shall run from Friday at 7:00 p.m. until Friday at 7:00 p.m. and shall encompass his regularly scheduled weekend. 10. The parties shall share all transportation with the party obtaining custody picking up the child at the home of the other party. 11. Each party shall be responsible for providing all necessities for the child while in that party's care. This shall include, but not be limited to, food, drink and diapers. It is agreed that any clothing or accessories sent with the child for a custody period shall be returned to the other party at the conclusion of that custody period. 12. Each party agrees not to attempt to alienate the affections of the child from the other and to refrain from making disparaging remarks about the other, or allowing third parties to do so in the presence of the child. 13. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside time residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition 14. Each parent shall be entitled to reasonable telephone contact with the child. The parties shall consider the child's age in determining appropriate times for telephone calls and the fiNuency of telephone calls. Telephone calls between the parties shall be limited to that necessary to the health and welfare of the child. 15. The pasties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumiberland County Court of Common Pleas for entry as a Custody Order. 16. Both parties acknowledge that they have entered into this Agrmient and Stipulation of Custody vow and after consulting with their respective counsel It is hereby acknowledged that the instant Agreement is not entered into by means of duress or undue influence. IN WTI'NESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ?kic' caA ? 4d2s?' Erica M. LeBlanc, Plaintiff W B A. Winnick, Esquire Atto for Plaintiff Phdhp R. Jo Defendant Oromcn, Jr., for Defendant n -404 g ? c ? >A? ?`T"i ?Ry CsJ r:_ S I" s 5 ? 4 J .A 0 ERICA M. LEBLANC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PHILLIP R. JONES DF.FF,NDANT 2003-6088 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 01, 2008 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 hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "Jo Z Z .Z Nd S- HMN OOOZ Ab'ViQNO'HiQbd 3HI JO 1 APR 02200Be? ERICA M. LEBLANC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6088 CIVIL ACTION - LAW PHILLIP R. JONES, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this q4lk,ay of , 2008, upon consideration of the attached Custody Concil tion Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 22, 2004 shall remain in full force and effect with the following additions and modifications. 2. If the receiving party does not have a proper car seat, the child is not to be transferred to the non-custodial parent. 3. Neither parent may smoke in the child's presence in the home or in the car and shall ensure that third parties do not smoke in the child's presence in the home or in the car. 4. With reasonable notice, Father will accommodate the child attending two birthday parties or other social events per year on his weekend. Both parties shall cooperate with the child's extracurricular activities and events. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY TfE COURT, Edward E. Guido, cc: Karl E. Rominger, Esquire, Counsel for Mother Phillip R. Jones, pro se 871 Ironridge Road Mt. Joy, PA 17552 O" J. 3 F 'A kgNN3d AlNrKr- rlt BE s I Wd ? - HJV Boaz AWIONO?.lOW 3HI ?O 3014-40-a3ld ERICA M. LEBLANC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6088 CIVIL ACTION - LAW PHILLIP R. JONES, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rayna M. LeBlanc November 4, 2001 Mother 2. A Conciliation Conference was held in this matter on April 1, 2008, with the following in attendance: The Mother, Erica M. LeBlanc, with her counsel, Karl E. Rominger, Esquire, and the Father, Phillip R. Jones, pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated March 22, 2004 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and a holiday schedule. 4. The parties agreed to an Order in the form as attached. '-f-( -0& Date 14, V acq eline M. Verney, Esquire Custody Conciliator