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HomeMy WebLinkAbout08-1347STEPHANIE A. JURY, Plaintiff/ Petitioner V. JAMES M. LEAPER, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY : No. 08- CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 29th day of February, 2008, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the petitioner, Stephanie A. Jury, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor children, James Mathew Leaper, Jr., born December 20, 2005, and Airyana Nicole Leaper, born January 6, 2007. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. Petitioner is Stephanie A. Jury ("Mother"), residing at 149 A Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is James M. Leaper ("Father"), residing at 179 Rye, Lane, Shermans Dale, Perry County, Pennsylvania 17090. 3. The parties are the biological parents of James Mathew Leaper,, Jr., born December 20, 2005, and Airyana Nicole Leaper, born January 6, 2007. 4. Both children were born out of wedlock. 5. Mother has been the primary caretaker of the children since their birth. 6. The parties resided together until September of 2006. Shortly thereafter, Father was incarcerated in Perry County Prison for pleading guilty to Statutory Sexual Assault, 18 Pa. C. S. § 3122. 1, on August 3, 2006. Father's Criminal Docket, Number: CP-50-CR-0000483-2005, is attached hereto and incorporated by reference as Exhibit 1. 7. Pursuant to 23 Pa.C.S. § 5303(b), the Court must consider Father's criminal conviction for 18 Pa. C. S. § 3122.1 and must "determine that [Father] does not pose a threat of harm to the [children] before making an order of custody, partial custody or visitation to that parent." 8. This determination requires the Court, if requested by Father, to "appoint a qualified professional to provide counseling to [Father]" and "take testimony from that professional regarding the provision of such counseling prior to issuing any order of custody, partial custody or visitation." 23 Pa.C.S. § 5303(c); see Ramer v. Ramer, 914 A.2d 894 (Pa. Super. 2006). 9. Given Father's conviction for statutory sexual assault, Mother believes and therefore avers that it is in the best interests of the minor children, and required by statute, that she be granted sole legal and physical custody of the minor children until such time Father requests the Court to appoint a qualified professional to provide him with counseling and testify to this court as to the safety of his having contact with the children pursuant to 23 Pa.C.S. § 5303(c). 10. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. WHEREFORE, Petitioner, Stephanie A. Jury, respectfully requests! that this Honorable Court enter an Order granting Petitioner sole legal and physical custody of the minor children, James Mathew Leaper, Jr. and Airyana Nicole Leaper, pending Father's compliance with 23 Pa.C.S. § 5303 and further Order of this Court. Date Respectfully submitted, le J&c4e Lindsay G el fff Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: C)? - Step anie A. aryl etitioner COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper CASE INFORMATION Cross Court Docket Nos: CR-0000197-05 Judge Assigned: OTN: H8909703 Initial Issuing Authority: Elizabeth R Frownfelter Arresting Agency: Newport Psp Case Local Number Type(s) Motion Number Case Status: Adjudicated Status Date 12/27/2007 08/21/2007 12/20/2006 08/03/2006 07/24/2006 07/24/2006 06/15/2006 06/15/2006 01/03/2006 12/30/2005 Date Filed: 12/30/2005 Initiation Date: 12/05/2005 Lower Court Docket No: CR-0000197-05 Final Issuing Authority: Elizabeth R Frownfelter Arresting Officer: Albert, James E, Case Local Number(s) 50 STATUS INFORMATION Processing Status Arrest Date: Awaiting Sentencing Sentenced/Penalty Imposed Awaiting Violation Hearing Sentenced/Penalty Imposed Awaiting PSI Awaiting Sentencing Awaiting Sentencing Migrated Final Disposition Awaiting Formal Arraignment Awaiting Filing of Information Page 1 of 10 12/05/2005 Complaint Date: 12/05/2005 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions On these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided byl the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act maybe subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Case Calendar Event Schedule Start Type Start Date Time Formal Arraignment 02/09/2006 9:00 am 08/03/2006 9:00 am Courtroom 1 - Perry Criminal List Review 03/16/2006 9:00 am Courtroom 1 - Perry Criminal List Review Criminal List Review Criminal List Review 04/19/2006 9:00 am 05/11/2006 9:00 am 06/15/2006 9:00 am Courtroom 1 - Perry Courtroom 1 - Perry Courtroom 1 - Perry Sentencing Violation Hearing Sentencing Violation Hearing Sentencing Sentencing 12/21/2006 8:15 am Courtroom 1 - Perry 08/02/2007 9:00 am 08/02/2007 9:00 am 08/16/2007 9:00 am Courtroom 1 - Perry Courtroom 1 - Perry Courtroom 1 - Perry 11/01/2007 9:00 am Commonwealth of Pennsylvania V. James Matthew Leaper CALENDAR EVENTS Room Judge Name Courtroom 1 - Perry Courtroom 1 - Perry President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp Judge Kathy A. Morrow Judge Kathy A. Morrow President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp Judge Kathy A. Morrow Judge Kathy A. Morrow President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp DEFENDANT INFORMATION Date Of Birth: 12/04/1983 City/State/ZiP: New Bloomfield, PA 17068 Alias Name Leaper, James Leaper, James M. Participant Type Defendant Probation Officer CASE PARTICIPANTS Name Leaper, James Matthew Finkenbinder, Lisa A. Page 2 of 10 Schedule Status Scheduled Scheduled Scheduled Scheduled Scheduled Scheduled Scheduled Cancelled Scheduled Scheduled Cancelled Kecent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions an these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET ?i 1 Court Case Commonwealth of Pennsylvania V. Page 3 of 10 James Matthew Leaper BAIL INFORMATION Leaper, James Matthew Nebbia Status: None Bail Action Date Bail Type Percentage Amount Bail Posting Status Posting Date Set 12/05/2005 ROR $0.00 Posted 12/05/2005 CHARGES Sequence Grade Section/ Description Statute Description Offense OTN Date 1 F1 18 § 3123 §§A7 IDSI Person Less Than 16 Yrs Age 04/01/2005 H8909703 2 F2 18 § 3122.1 Statutory Sexual Assault 04/01/2005 H8909703 3 F2 18 § 3122.1 Statutory Sexual Assault 04/01/2005 H8909703 4 F2 18 § 3125 §§A8 Agg. Ind. Assault - Comp. Less Than 04/01/2005 H8909703 16 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by!the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 4 of 10 V. James Matthew Leaper DISPOSITION SENTENCING/PENALTIES Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Proaram Tvpe Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / IDSI Person Less Than 16 Yrs Age 2 / Statutory Sexual Assault 3 / Statutory Sexual Assault 4 / Agg. Ind. Assault - Comp. Less Than 16 Guilty Plea Criminal List Review 1 / IDSI Person Less Than 16 Yrs Age Replaced by 18§3122.1, Statutory Sexual Assault Rehkamp, C. Joseph 2 / Statutory Sexual Assault Rehkamp, C. Joseph Confinement Work Release 3 / Statutory Sexual Assault Rehkamp, C. Joseph 4 / Agg. Ind. Assault - Comp. Less Than 16 Rehkamp, C. Joseph Disposition Date Final Disposition Offense Disposition Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 12/20/2005 Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Linked Docket Number Not Final 18§3123§§A7 18§3122.1 18§3122.1 18§3125§§A8 06/15/2006 Final Disposition Guilty Plea to a Lesser Charge 18§3123§§A7 08/03/2006 Guilty Plea 18§3122.1 08/03/2006 Min of 1.00 Years 6.00 Months 08/03/2006 Max of 5.00 Years Other Not Guilty 08/03/2006 18§3122.1 Not Guilty 08/03/2006 18§3125§§A8 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the; Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided b? the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper COMMONWEALTH INFORMATION Name: Perry County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 582-5120 (Phone) Address: Perry County Courthouse PO Box 305 New Bloomfield PA 17068 ATTORNEY INFORMATION Name: Michael Oresto alermo Jr. Private Supreme Court No: 093334 Counsel Status: Active Phone Number(s): (717) 241-6070 (Phone) (717) 241-6878 (Fax) Address: Roninger, Bayley & Whare 155 S Hanover St Carlisle PA 17013 Representing: Leaper, James Matthew Page 5 of 10 rtev VuLyIL W 6 Printed: 1 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the ?ourt of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions ?n these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may ?e subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY DOCKET Document/Sequence CP Filed Date Title Comments Registry Entry Service To Issue Date Service Type 1 12/30/2005 Original Papers Received from Lower Court NTY Docket Nurrlber: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Filed By Service Status Page 6 of 10 Court of Common Pleas - Perry County 1 02/09/2006 Information Filed by DA Perry County District Attorney's Office 1 02/10/2006 Order dtd 2/9/06 Call of List 3/16/06 filed cc: Dist List Rehkamp, C. Joseph 1 02/15/2006 Notice of Court 3/16/06 filed by DA Perry County District Attorney's Office 1 03/23/2006 Notice of Court filed by DA Perry County District Attorney's Office 1 04/21/2006 Notice of Court 5/11/06 filed by DA Perry County District Attorney's Office 3 04/21/2006 Order dtd 4/19/06 Continued to 5/11/06 filed cc: Dist List Morrow,' Kathy A. 1 05/17/2006 Order dtd 5/11/06 continued to 6/15/06 filed cc: Dist List Morrow„Kathy A. recent entries made in the court tiling offices may not be immediately reflected on these docket sheets. Neither the! Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissionsi on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided bi the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document Date Service By Status Date COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Document/Seguence CP Filed Date Title Comments Registry Entry Service To Issue Date Service Type 3 05/17/2006 Notice of Court 6/15/06 filed by DA Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document Date Service By Status Date Filed By Service Status Page 7 of 10 j Perry County District Attorney's Office 1 06/15/2006 Guilty Plea Rehkamp, C. Joseph 2 06/15/2006 Guilty Plea filed Palermo,' Michael Oresto Jr. 1 06/16/2006 Order dtd 6/15/06 Guilty plea filed cc: Dist Lsit Rehkamp, C. Joseph 1 07/20/2006 Notice of Court filed by DA for 8/3/06 Perry County District Attorney's Office 1 08/03/2006 Order - Sentence/Penalty Imposed Rehkamp, C. Joseph 1 08/07/2006 Penalty Assessed Court of Common Pleas - Perry County 1 08/08/2006 Order dtd 8/3/06 sentence filed cc: Dist List Rehkamp, C. Joseph Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the gourt of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions On these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document/Sequence CP Filed Date Document Date Title Comments Registry Entry Service To Service By Issue Date Service Type Status Date Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Filed By Service Status 1 12/20/2006 Order dtd 12/19106 revoke appt. of Atty. Walz and appt. K Prosser filed cc: Dist List Rehkamp, C. Joseph 2 .12/20/2006 Violation fo Court Order dtd 12/14/06 hearing sched. 12/21/06 filed cc: Dist List Rehkamp, C. Joseph 1 06/28/2007 Petition for Execution of Sentence dated 06/28/2007 Page 8 of 10 Perry County Probation Department 1 07/03/2007 Order dated 06/29/2007 Rehkamp, C. Joseph 1 08/21/2007 Order of Sentence Rehkamp, C. Joseph 1 10/18/2007 Notice to Appear for Sentence of Imprisonment Perry County District Attorney's Office 2 10/26/2007 Order cancelling rescheduling hearing Palermo, Michael Oresto Jr. Perry County Clerk of Courts Rehkampl, C. Joseph 10/26/2007 First Class Perry County District Attorney's Office Perry County Clerk of Courts 10/26/2007 Interoffice Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document/Sequence CP Filed Date Document Date Title Comments Registry Entry Service To Service By Issue Date Service Type Status Date Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Page 9 of 10 Filed B Service Status 1 12/27/2007 Order rescinding 08/16/07 Rehkamp, C. Joseph 1 01/24/2008 Motion for Parole Perry County Probation Department 2 01/24/2008 Order Granting Motion for Parole Morrow, Kathy A. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions onithese docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DiC)CKFT Commonwealth of Pennsylvania V. James Matthew Leaper CASE FINANCIAL INFORMATIO Last Payment Date: 02/19/2008 Leaper, James Matthew Assessment Payments Defendant Costs/Fees State Court Cost (Act 204 of 1976) Commonwealth Cost - HB627 (Act 167 of 1992) County Court Costs (Act 204 of 1976) Crime Victims Compensation (Act 96 of 1984) Domestic Violence Compensation (Act 44 of 1988) Victim Witness Services (Act 111 of 1998) Firearm Education and Training Fund (158 of 1994) JCP ATJ DNA Fund Cost Clerk (Perry) Automation Fund (Perry) OSP (Perry/State) (Act 35 of 1991) OSP (Perry/State) (Act 35 of 1991) Clerk (Perry) Costs/Fees Totals: Restitution CVC Board Restitution Restitution Totals: Grand Totals: ** - Indicates assessment is subrogated Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Page 10 of 10 N Total of Last Payment: ($6.00) Adjustments Non Monetary Total Payments $10.77 $0 .00 $0. 00 $0. 00 $10.77 $16.16 $0 .00 $0. 00 $0. 00 $16.16 $23.57 $0 .00 $0. 00 $0. 00 $23.57 $35.00 ($35. 00) $0. 00 $0. 00 $0.00 $10.00 $0 .00 $0. 00 $0. 00 $10.00 $25.00 ($25. 00) $0. 00 $0. 00 $0.00 $5.00 $0 .00 $0. 00 $0. 00 $5.00 $8.00 ($8. 00) $0. 00 $0. 00 $0.00 $2.00 ($2. 00) $0. 00 $0. 00 $0.00 $250.00 $0. 00 $0. 00 $0. 00 $250.00 $143.10 ($35. 61) $0. 00 $0. 00 $107.49 $5.00 ($1. 29) $0. 00 $0. 00 $3.71 $735.00 ($6. 03) ($728. 97) $0. 00 $0.00 $735.00 ($6. 03) ($728. 97) $0. 00 $0.00 $27.76 ($6. 79) $0. 00 $0. 00 $20.97 $2,031.36 ($125. 75) ($1,457. 94) $0. 00 $447.67 $252.06 ($65.75) $0.00 $0.00 $186.31 $252.06 ($65.75) $0.00 $0.00 $186.31 $2,283.42 ($191.50) ($1,457.94) i $0.00 $633.98 AOPC 2220 - Rev 02/29/2008 Printed: 02/29/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ' 1 ? ,. ?~' ?'' r-, ?? _ ?T v? ? :L±..?.1 ? 4 a 'i.: ??? r? STEPHANIE A. JURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JAMES M. LEAPER, Defendant :NO. Of- 1-3q? CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Stephanie A. Jury, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody, requesting sole legal and physical custody of the parties' children, James Mathew Leaper, Jr. and Airyana Nicole Leaper. 1. The plaintiff is Stephanie A. Jury, residing at 149 A Street, Apartment 2, Carlisle, 17013, Cumberland County. 2. The defendant is James M. Leaper, residing at 179 Rye Lane, Shermans Dale, 17090, Perry County. 3. Plaintiff seeks custody of the following children: Name James Mathew Leaper, Jr. Present Residence 149 A Street Apartment 2 Carlisle, PA 17013 Age 2 (DOB 12/20/05) Airyana Nicole Leaper The children were born out of wedlock. The children are presently in the custody of Stephanie A. Jury, who resides at 149 A Street, Apartment 2, Carlisle, Pennsylvania. 149 A Street Apartment 2 Carlisle, PA 17013 1 (DOB 01/06/07) From birth to present, the children have resided with the following persons and at the following addresses: Persons Address Dates Stephanie A. Jury 149 A Street Apartment 2 Carlisle, PA 17013 06/2007 - Present Stephanie A. Jury 4285 Carlisle Road 09/2006 - 06/2007 Judith Bordner (mother's mother) Gardners, PA 17325 Patrick Bordner Sr. (mother's stepfather) Patrick Bordner Jr. (mother's half-brother) Victoria Bordner (mother's half-sister) Stephanie A. Jury 27 Chestnut Street 03/2006 - 09/2006 James M. Leaper Apartment 5 Richard Jury, III (mother's brother) Mt. Holly Springs, 17065 Stephanie A. Jury James M. Leaper Richard Jury Jr. (mother's father) Dorothy Jury (mother's stepmother) Kaitlin Vaitkunis (mother's stepsister) 12 Mountain Street 12/2005 - 03/2006 Rear Mt. Holly Springs, 17065 The mother of the children is Stephanie A. Jury, currently residing at 149 A Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the children is James M. Leaper, currently residing at 179 Rye Lane, Shermans Dale, Perry County, Pennsylvania, 17090. He is single. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship James Mathew Leaper, Jr. Son Airyana Nicole Leaper Daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Charles Benner Ruth Leaper Gary Leaper Relationship Father Mother Brother 6. Plaintiff has not participated as a parry or witness, or in another 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, or any other state. 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 children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the children since birth. b. Plaintiff is better able to provide the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs. c. Plaintiff is willing to accept custody of the children. d. Plaintiff continues to perform the parental duties and enjoys the love and affection of the children. e. Father was incarcerated in Perry County Prison after he pled guilty to statutory sexual assault, 18 Pa. C. S. § 3122. 1, on August 3, 2006. Defendant's Criminal Docket, Number: CP-50-CR-0000483-2005, is attached hereto and incorporated by reference as Exhibit 1. f. Under 23 Pa.C.S. § 5303(b), the court must consider Father's criminal conviction for 18 Pa. C. S. § 3122.1 and must "determine that [Defendant] does not pose a threat of harm to the [children] before making an order of custody, partial custody or visitation to that parent." This determination requires the court to "appoint a qualified professional to provide counseling to [Defendant]" and "take testimony from that professional regarding the provision of such counseling prior to issuing any order of custody, partial custody or visitation." 23 Pa.C.S. § 5303(c); see Ramer v. Ramer, 914 A.2d 894 (Pa. Super. 2006). g. Father has made no request that this court appoint a qualified professional for him as required under 23 Pa.C.S. § 5303, as a precondition to awarding him rights of custody, partial custody or visitation. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her sole legal and physical custody of the parties' children, pending defendant's compliance with 23 Pa.C.S. §5303. Respectfully submitted, Date: February 29, 2008 Lindsay G iffel Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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: to ie A. ury COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper CASE INFORMATION Cross Court Docket Nos• CR-0000197-05 Judge Assiqned: OTN: H8909703 Initial Issuinq Authority: Elizabeth R Frownfelter Arresting Agency: Newport Psp Case Local Number Type(s) Motion Number Case Status: Adjudicated Status Date 12/27/2007 08/21/2007 12/20/2006 08/03/2006 07/24/2006 07/24/2006 06/15/2006 06/15/2006 01/03/2006 12/30/2005 0..- - _ Page 1 of 10 Date Filed: 12/30/2005 Initiation Date: 12/05/2005 Lower Court Docket No: CR-0000197-05 Final Issuing Authority: Elizabeth R Frownfelter Arresting Officer: Albert, James E. Case Local Number(s) 50 STATUS INFORMATION Processinq Status Awaiting Sentencing Sentenced/Penalty Imposed Awaiting Violation Hearing Sentenced/Penalty Imposed Awaiting PSI Awaiting Sentencing Awaiting Sentencing Migrated Final Disposition Awaiting Formal Arraignment Awaiting Filing of Information Arrest Date: 12/0512005 Complaint Date: 12/05/2005 - - -- •° ?? •• 'uoiy umcxs may not oe immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Case Calendar Event Schedule Start Type Start Date Time Formal Arraignment 02/09/2006 9:00 am 08/03/2006 9:00 am Courtroom 1 - Perry Criminal List Review 03116/2006 9:00 am Courtroom 1 - Perry Criminal List Review 04/19/2006 9:00 am Courtroom 1 - Perry Criminal List Review 05/11/2006 9:00 am Courtroom 1 - Perry Criminal List Review 06/1512006 9:00 am Courtroom 1 - Perry Sentencing Violation Hearing Sentencing Violation Hearing Sentencing Sentencing 12/21/2006 8:15 am Courtroom 1 - Perry 08/02/2007 9:00 am 08/02/2007 9:00 am 08/16/2007 9:00 am Courtroom 1 - Perry Courtroom 1 - Perry Courtroom 1 - Perry 11/01/2007 9:00 am Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper CALENDAR EVENTS Room Judge Name Courtroom 1 - Perry Courtroom 1 - Perry President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp Judge Kathy A. Morrow Judge Kathy A. Morrow President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp Judge Kathy A. Morrow Judge Kathy A. Morrow President Judge C. Joseph Rehkamp President Judge C. Joseph Rehkamp DEFENDANT INFORMATION Date Of Birth: 12/04/1983 City/State/Zip: New Bloomfield, PA 17068 Alias Name Leaper, James Leaper, James M. Participant Type Defendant Probation Officer CASE PARTICIPANTS Name Leaper, James Matthew Finkenbinder, Lisa A. Page 2 of 10 Schedule Status Scheduled Scheduled Scheduled Scheduled Scheduled Scheduled Scheduled Cancelled Scheduled Scheduled Cancelled Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Commonwealth of Pennsylvania V. James Matthew Leaper BAIL INFORMATION Leaper, James Matthew Bail Action Date Set Bail Type Percentage 12/05/2005 ROR CHARGES Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Page 3 of 10 Nebbia Status: None Amount Bail Postinq Status Posting Date $0.00 Posted 12/05/2005 Sequence Grade Section/ Description Statute Description Off ense OTN Date 1 F1 18 § 3123 §§A7 IDSI Person Less Than 16 Yrs Age 04/01/2005 H8909703 2 F2 18 § 3122.1 Statutory Sexual Assault 04/01/2005 H8909703 3 F2 18 § 3122.1 Statutory Sexual Assault 04/01/2005 H8909703 4 F2 18 § 3125 §§A8 Agg. Ind. Assault - Comp. Less Than 04/01/2005 H8909703 16 --- emnes mace in the court tiling offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper DISPOSITION SENTENCINGIPENALTIES Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / IDSI Person Less Than 16 Yrs Age 2 / Statutory Sexual Assault 3 / Statutory Sexual Assault 4 / Agg. Ind. Assault - Comp. Less Than 16 Guilty Plea Criminal List Review 1 / IDSI Person Less Than 16 Yrs Age Replaced by 18§3122.1, Statutory Sexual Assault Rehkamp, C. Joseph 2 / Statutory Sexual Assault Rehkamp, C. Joseph Confinement Work Release 3 / Statutory Sexual Assault Rehkamp, C. Joseph 4 / Agg. Ind. Assault - Comp. Less Than 16 Rehkamp, C. Joseph Page 4 of 10 Disposition Date Final Disposition Offense Disposition Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 12/20/2005 Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Linked Docket Number Not Final 18§3123§§A7 18§3122.1 18§3122.1 18§3125§§A8 06/15/2006 Final Disposition Guilty Plea to a Lesser Charge 18§3123§§A7 08/03/2006 Guilty Plea 18§3122.1 08/03/2006 Min of 1.00 Years 6.00 Months 08/03/2006 Max of 5.00 Years Other Not Guilty 08/03/2006 18§3122.1 Not Guilty 08/03/2006 18§3125§§A8 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper COMMONWEALTH INFORMATION Name: Perry County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 582-5120 (Phone) Address: Perry County Courthouse PO Box 305 New Bloomfield PA 17068 ATTORNEY INFORMATION Name: Michael Oresto Palermo Jr. Private Supreme Court No: 093334 Counsel Status: Active Phone Number(s): (717) 241-6070 (Phone) (717) 241-6878 (Fax) Address: Roninger, Bayley & Whare 155 S Hanover St Carlisle PA 17013 Representing: Leaper, James Matthew Printed: Page 5 of 10 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET y Court Case Commonwealth of Pennsylvania Page 6 of 10 V. James Matthew Leaper ENTRIES Document/Sequence CP Filed Date Document Date Title Comments Registry Entry Service To Service By Filed By Issue Date Service Type Status Date Service Status 1 12/30/2005 Original Papers Received from Lower Court Court of Common Pleas - Perry County 1 02/09/2006 Information Filed by DA Perry County District Attorney's Office 1 02/10/2006 Order dtd 2/9/06 Call of List 3/16/06 filed cc: Dist List Rehkamp, C. Joseph 1 02/15/2006 Notice of Court 3/16/06 filed by DA Perry County District Attorney's Office 1 03/23/2006 Notice of Court filed by DA Perry County District Attorney's Office 1 04/21/2006 Notice of Court 5/11/06 filed by DA Perry County District Attorney's Office 3 04/21/2006 Order dtd 4/19/06 Continued to 5/11/06 filed cc: Dist List Morrow, Kathy A. 1 05/17/2006 Order dtd 5/11/06 continued to 6/15/06 filed cc: Dist List Morrow, Kathy A. ReGem entries mace in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Document/Sequence CP Filed Date Title Comments Registry Entry Service To Issue Date Service Type 3 05/17/2006 Notice of Court 6/15/06 filed by DA Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document Date Service By Status Date Filed By Service Status Page 7 of 10 Perry County District Attorney's Office 1 06/15/2006 Guilty Plea Rehkamp, C. Joseph 2 06/15/2006 Guilty Plea filed Palermo, Michael Oresto Jr. 1 06/16/2006 Order dtd 6/15/06 Guilty plea filed cc: Dist Lsit Rehkamp, C. Joseph 1 07/20/2006 Notice of Court filed by DA for 8/3/06 Perry County District Attorney's Office 1 08/03/2006 Order - Sentence/Penalty Imposed Rehkamp, C. Joseph 1 08/07/2006 Penalty Assessed Court of Common Pleas - Perry County 1 08/08/2006 Order dtd 8/3/06 sentence filed cc: Dist List Rehkamp, C. Joseph Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Document/Sequence Title Comments Registry Entry Service To Issue Date CP Filed Date Document Date Service By Filed By Service Type Status Date Service Status 1 12/20/2006 Order dtd 12/19/06 revoke appt. of Atty. Walz and appt. K Prosser filed cc: Dist List Rehkamp, C. Joseph 2 12/20/2006 Violation fo Court Order dtd 12/14/06 hearing sched. 12/21/06 filed cc: Dist List Rehkamp, C. Joseph 1 06/28/2007 Petition for Execution of Sentence dated 06/28/2007 Page 8 of 10 Perry County Probation Department 1 07/03/2007 Order dated 06/29/2007 Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Rehkamp, C. Joseph 1 08/21/2007 Order of Sentence Rehkamp, C. Joseph 1 10/18/2007 Notice to Appear for Sentence of Imprisonment Perry County District Attorney's Office 2 10/26/2007 Order cancelling rescheduling hearing Palermo, Michael Oresto Jr. Perry County Clerk of Courts Rehkamp, C. Joseph 10/26/2007 First Class Perry County District Attorney's Office Perry County Clerk of Courts 10/26/2007 Interoffice Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET e Commonwealth of Pennsylvania V. James Matthew Leaper ENTRIES Docket Number: CP-50-CR-0000483-2005 CRIMINAL DOCKET Court Case Document/Sequence CP Filed Date Document Date Title Comments Registry Entry Service To Service By Filed By Issue Date Service Type Status Date Service Status 1 12/27/2007 Order rescinding 08/16/07 1 01/2412008 Motion for Parole 2 01/24/2008 Order Granting Motion for Parole - nev vucaru Rehkamp, C. Joseph Page 9 of 10 Perry County Probation Department Morrow, Kathy A. ---••• ...- r ic wurt ring ouices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET Commonwealth of Pennsylvania V. James Matthew Leaper CASE FINANCIAL INFORMATION Last Payment Date: 02/19/2008 Leaper, James Matthew Assessment Payments Defendant Costs/Fees State Court Cost (Act 204 of 1976) Commonwealth Cost - HB627 (Act 167 of 1992) County Court Costs (Act 204 of 1976) Crime Victims Compensation (Act 96 of 1984) Domestic Violence Compensation (Act 44 of 1988) Victim Witness Services (Act 111 of 1998) Firearm Education and Training Fund (158 of 1994) JCP ATJ DNA Fund Cost Clerk (Perry) Automation Fund (Perry) OSP (Perry/State) (Act 35 of 1991) OSP (Perry/State) (Act 35 of 1991) Clerk (Perry) Costs/Fees Totals: Restitution CVC Board Restitution Restitution Totals: Grand Totals: ** - Indicates assessment is subrogated Docket Number: CP-50-CR-0000483.2005 CRIMINAL DOCKET Court Case Page 10 of 10 Total of Last Payment: ($6.00) Adiustments Non Monetary Total Payments $10.77 $0.00 $0.00 $0.00 $10.77 $16.16 $0.00 $0.00 $0.00 $16.16 $23.57 $0.00 $0.00 $0.00 $23.57 $35.00 ($35.00) $0.00 $0.00 $0.00 $10.00 $0.00 $0.00 $0.00 $10.00 $25.00 ($25.00) $0.00 $0.00 $0.00 $5.00 $0.00 $0.00 $0.00 $5.00 $8.00 ($8.00) $0.00 $0.00 $0.00 $2.00 ($2.00) $0.00 $0.00 $0.00 $250.00 $0.00 $0.00 $0.00 $250.00 $143.10 ($35.61) $0.00 $0.00 $107.49 $5.00 ($1.29) $0.00 $0.00 $3.71 $735.00 ($6.03) ($728.97) $0.00 $0.00 $735.00 ($6.03) ($728.97) $0.00 $0.00 $27.76 ($6.79) $0.00 $0.00 $20.97 $2,031.36 ($125.75) ($1,457.94) $0.00 $447.67 $252.06 ($65.75) $0.00 $0.00 $186.31 $252.06 ($65.75) $0.00 $0.00 $186.31 $2,283.42 ($191.50) ($1,457.94) $0.00 $633.98 AOPC 2220 -Rev 02/29/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nror theo2/29/2008 Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. l I - r,3 , .:? I.., STEPHANIE A. JURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JAMES M. LEAPER, Defendant NO. 08- /31/7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Stephanie A. Jury, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, ?a ?ia8 j Date Lindsay Gri el Certified Legal Intern 4 ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CaD Lao j_ STEPHANIE A. JURY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES M. LEAPER 2008-1347 CIVIL ACTION LAW IN CUSTODY DEFENDANT 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 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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; Is/ 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 d1WAWNN3d Z Z :z add S- 8VW OOOZ MVIONV"' HiOdd 3a d0 3014; 0-031Y 1%% STEPHANIE A. JURY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES M. LEAPER, DEFENDANT NO. 08-1347 CIVIL ORDER OF COURT AND NOW, this 5th day of March, 2008, upon consideration of the Plaintiff's Petition for Special Relief and the Court having been advised that a custody conciliation has been scheduled to be held before Custody Conciliator Jacqueline Verney, Esquire, on April 1, 2008 at 9:30 a.m., IT IS HEREBY ORDERED AND DIRECTED that: 1. Stephanie A. Jury shall have sole legal and physical custody of the parties' minor children, James Mathew Leaper, Jr., born December 20, 2005, and Airyana Nicole Leaper, born January 6, 2007. 2. James M. Leaper shall have no custody, partial custody or visitation with the children pending further Order of Court. 3. During the custody conciliation hearing, the Custody Conciliator shall determine whether the Defendant has been convicted of a criminal offense listed in 23 Pa.C.S.A. §5303 (b) and if so, whether he will voluntarily undergo counseling as required in 23 Pa.C.S.A. § 5303 (c). If the counseling provisions of the statute apply to the Defendant, no custody, partial custody or visitation shall be granted to James M. Leaper until the counseling provisions are complied with. By the Court, M. L. Ebert, Jr., A ?(??NVA-RSNN3Of -Dorl 8E :Z wd S- Nvw Boaz MVIONOHIOM 3HI 30 301.-1:10-(M Lindsay Griffel, CLI Robert E. Rains, Esquire Family Law Clinic Counsel for Plaintiff James M. Leaper Defendant ?Jacqueline Verney, Esquire Custody Conciliator pj'e.? rejCI6VtLqZL (20 _ a/s/o S Stephanie A. Jury, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY James M. Leaper, Defendant NO. 08 - 1347 CIVIL TERM CERTIFICATE OF SERVICE I, Lindsay K. Griffel, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief, the Order of Court granting special relief, the Complaint for Custody, and the Order of Court scheduling a custody hearing on James M. Leaper, residing at 179 Rye Lane, P.O. Box 451, Shermans Dale, PA 17090, by depositing copies of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt on March 22, 2008 as evidenced by the attached green card. Date: March 25, 2008 Lindsay iffel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted Dellmy is desired. X ¦ print yotir name and address on time reverse B. so that we can retum the card to you. 14 j ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. P, rWe Addressed to: jomec /r. Ztaper • / -79 /Cye- kA.17C, !? 0. 60x Y6/ uherIrns _441e, P? ?v9o by ( C. Gate Of C delivery eddreee dHfererK from Ite11? ? Yes YES, enter delivery eddrena below: ? No 3. segoce Type V'o, W Mau O EWSW Mail (3 Registered Vy s n Receipt for Merctrer4se ? Insured mom ? c.o.D. 4. Restricted 1391NO ? (Extra Fee) 2. 7025 0390 0003 2632 4419 -- _ ww? ..nnn ...?.6L. o.r r., 12-dnt 102595.02-M-1540' -TI N3 tr APR 0 2 2008 09 STEPHANIE A. JURY, Plaintiff V. JAMES M. LEAPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1347 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ?r day of A 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated March 5, 2008 shall remain in full force and effect, but nothing therein prevents Mother from allowing Father supervised visitation with the children as agreed by the parties, with Mother as the supervisor. 2. In light of Father's admission that he was convicted of 18 Pa.C.S.A §3122.1, statutory sexual assault, Father shall provide Mother's counsel with information concerning the counseling he received while in prison. Father shall voluntarily undergo sexual offender's counseling if the counseling he received in prison does not qualify as sexual offender's treatment. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation is scheduled for June 2, 2008 at 9:30 a.m. BY THE COURT, 1*k-?- M.L. Ebert, Jr., ct. Lindsay Griffel, certified legal intern, Counsel for Mother Robert E. Rains, Esquire, Family Law Clinic .-James M. Leaper, pro se. P.O. Box 451 Shermans Dale, PA 17090 eoP1 es ,,.o, c l' S S STEPHANIE A. JURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1347 CIVIL ACTION - LAW JAMES M. LEAPER, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF James Matthew Leaper, Jr. December 20, 2005 Mother Airyana Nicole Leaper January 6, 2007 Mother 2. A Conciliation Conference was held in this matter on April 1, 2008, with the following in attendance: The Mother, Stephanie A. Jury, with her counsel, Lindsay Griffel, certified legal intern and Robert E. Rains, Esquire, Family Law Clinic, and the Father, James M. Leaper, pro se. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated March 5, 2008 providing for Mother to have sole legal and physical custody of the children and directed the Conciliator to determine whether Father had been convicted of a crime listed in 23 Pa.C.S.A. §5303(b) and if so whether Father would voluntarily undergo counseling pursuant to 23 Pa.C.S.A. §5303(c). 4. Father admitted he was convicted of 18 Pa.C.S. §3122.1, a crime listed in section 23 Pa.C.S.A. §5303(b) and agreed to undergo sexual offender counseling if the counseling he received in prison did not qualify as such. 5. The parties agreed to an Order in the form as attached. q-1 -OF Date /mot acq line M. Verney, Esquire Custody Conciliator JUN 0 $2Pr 'j STEPHANIE A. JURY, Plaintiff V. JAMES M. LEAPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1347 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this ?' day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 5, 2008 and April 3, 2008 shall remain in remain in full force and effect. 2. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, N,-? ? \ M.L. Ebert, Jr., J. cc: Michael O'Donnell, certified legal intern, Counsel for Mother Anne MacDonald-Fox, Esquire, Family Law Clinic .James M. Leaper, pro se. P.O. Box 451 Shermans Dale, PA 17090 eoe 1'Es mat LecL ?±? h ? gQ4? 1 1 STEPHANIE A. JURY, Plaintiff V. JAMES M. LEAPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1347 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF James Matthew Leaper, Jr. December 20, 2005 Mother Airyana Nicole Leaper January 6, 2007 Mother 2. A Conciliation Conference was held in this matter on June 2, 2008, with the following in attendance: counsel for Mother, Michael O'Donnell, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic, and the Father, James M. Leaper, pro se, by telephone. 3. The Honorable M.L. Ebert, Jr. entered prior Orders of Court dated March 5, 2008 and April 3, 2008 providing for Mother to have sole legal and physical custody of the children and Father to provide evidence of sexual offender counseling. If Father could not provide evidence of prior sexual offender counseling, he was to receive the counseling. Father was permitted supervised visitation with the children with Mother as the supervisor. 4. Father advised that he has been unable to confirm his prior sexual offender counseling and he is unable to afford the counseling at the present time. 5. The parties agreed to an Order in the form as attached. 6-3 Date ac line M. Verney, Esquire Custody Conciliator