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HomeMy WebLinkAbout08-7321Max J. Smith, Jr., Esquire ,.Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjsgsdc.com JENNIFER E. HECKENDORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- O F- .7 KEVIN S. JONES, CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, JENNIFER E. HECKENDORN, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is JENNIFER E. HECKENDORN, whose address is 4 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is KEVIN S. JONES, whose address is 18 Woodcrest Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the parents of one child, JADYN A. JONES, born September 26, 2003. 4. The best interests and welfare of the minor child would be served by placing primary physical and shared legal custody of the child with Plaintiff, subject to Defendant's rights of partial physical custody. 5. The minor child has resided at the following addresses since birth: (a) From birth until 2005 at 162 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania with both parents. (b) From 2005 until October 2008 at 4 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania with both parents. (c) From October 2008 until present at 4 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania with Mother. 6. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to her. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical and shared legal custody of the minor child, JADYN A. JONES, be placed with Plaintiff. Date: December i ? , 2008 Respectfully submitted, MAX J. SMITH, , Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r" POf t PHONE t ll Dec. 15 2008 3 7 : 57PM P1 I vc:ify tFat the s:atenents made in this Complaint are true and correct. 1 understand that false statements herein axe made subject to the penalties of 18 Pa. C.S. Section 4944, relating to t.rnsworrt falsification to authorities. TOTAL P.2? f \/V V 4 JENNIFER E. HECKENDORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN S. JONES DEFENDANT 2008-7321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 19, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 27, 2009 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/ ohn . Man an r. 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 e ?°r IL JENNIFER E. HECKENDORN, Plaintiff V. KEVIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7321 CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this 24th day of December, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff hereby certify that I have this day sent a copy of Complaint for Custody by deposit- ing a certified copy of the same in the United States mail, postage prepaid, certified mail #7008 1300 0001 8217 2019 at Hummelstown, Pennsylvania, addressed to: Kevin S. Jones 18 Woodcrest Drive Carlisle, PA 17013 Mailing and return receipt cards attached hereto. MAX J. SMITH, , Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 .. 0 ru r.- E ru so Postage $ ? f ? r-q CertlFled Fee a -? Q ?•ry ' GC Re'r" Receipt Fee (Endorsement Required) ''- O Reatrk ted D?ivery Fee .(Endorsement Requlred) r m m O Total Postage & Fees $ n v f ,? L7 ftnt To . r%- or PO ear Ab. I ¦ M Oft ftm 1, 2. W4 &Abe Orn 4 If Roo blaMd DeNmve dlNiwd. Aityour rten aAd on ohs swans M?aat ws an ?rn ? you. t Bch di tei? #? ihsl?eClc of tl1s nrelMpi dr on ft *cM It apse9 ptwn*L 'L ,Ii M *. dat and w. ?Lw ('n 'S .b' IV1 ? t 8 Wood tAl -A+ rax.?p (i ' Tck- 1-)o13 2- AlIW14jmMW C] Aom B. Rea.ired blr ( G tly M ba*MY4W ti?allrrnrtlaa wnft 1ys it Yom, soar dtWmy ttltltitMr attic - 13 No fftd #M CI III I omw a FMWI OWfarm11p19 300 OQQ ;4217 2019 G ?-- ^EJ i `' t1'' 4 ? 7r :?' ?` y ? 4? ? ?? .y ' z? 1 N ?? .? c.+? rro JENNIFER E. HECKENDORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7321 CIVIL ACTION LAW KEVIN S. JONES, IN CUSTODY Defendant ORDER OF COURT AND NOW this 3rd day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Kevin Jones, and the Mother, Jennifer Heckendorn, shall have shared legal custody of Jadyn A. Jones, born 09/26/2003. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall arrange the physical custody of Jadyn as follows: a. Commencing the first Friday of every month, Father shall have physical custody three weekends in a row from Friday until Monday. Father, or his representative, shall pick Jadyn up from Mother's residence at 7:00 pm on Friday and drop off Jadyn to the baby-sitter's on Monday at 3:00 pm. b. Father shall have physical custody of Jadyn every Wednesday until Thursday. Father, or his representative, shall pick Jadyn up at Mother's residence at 5:30 pm Wednesday and then drop Jadyn off at the baby-sitter's at 3:00 pm on Thursday. C. Father shall also have the right to care for Jadyn every day that Mother works. The parties shall meet at 6:45 am each morning at the Tractor Supply Company, Noble Boulevard, Carlisle, PA and Father shall drop off Jadyn at the babysitter's at 3:00 pm. 3. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care and paternal grandmother on Wednesday and Friday evenings) for the Child a period of time in excess of three hours, the custodial party shall first offer said opportunity to the non-custodial parent. . 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Child for that time period the parent is working. 10 :6 WV E- 831 6001 48VIONorl-,i 'Ld 'Ht ?o KH-40-uy 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. A status conference is hereby scheduled with the assigned conciliator on Monday June 22, 2009 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. 11. This Order is entered pursuant to 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, ?, ? ? - J. istribution: arol Lindsay, Esquire Jane Adams, Esquire /'John J. Mangan, Esquire HOLIDAYS AND TH ES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 s Half From 9 am until 3 m Father Father Easter Da 2° Half From 3 m until 9 m Mother Mother Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother - Labor Da From 9 am until 9 m Mother Father Halloween Father Mother Thanksgiving 1 S From 8 am Thanksgiving Day to 2 Father Father Half m on Thanksgiving Da Thanksgiving 2 From 2 pm on Thanksgiving Day to Mother Mother half noon the day after Thanksgiving Da Christmas 15 Half In odd years, Mother shall have Mother Father custody of Jadyn on 12/24 from 5 pm until 9 pm and Father shall have from 9 pm on 12/24 until 3 pm 12/25. In even years, Mother shall have from noon on 12/24 until noon 12/25. Christmas 2° Half In odd years Mother shall have from Father Mother 3 pm on 12/25 until noon 12/26. In even years, Father shall have from noon on 12/25 to noon on 12/26. New Year's From 6 pm 12/31 until noon January Mother Father 1 st (with the 12/31 year to control the even/odd determination Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father JENNIFER E. HECKENDORN, Plaintiff V. KEVIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7321 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jadyn A. Jones 09/26/2003 Mother and Father 2. A Conciliation Conference was held with regard to this matter on January 29, 2009 with the following individuals in attendance: The Mother, Jennifer Heckendorn, with her counsel, Jane Adams, Esq. The Father, Kevin Jones, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. ga ., Esquire Custo y onciliator JUN 2 [ 100 JENNIFER E. HECKENDORN, Plaintiff V. KEVIN S. JONES, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of June 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: I . All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal C_ ustody: The Father, Kevin Jones, and the Mother, Jennifer Heckendorn, shall have shared legal custody of Jadyn A. Jones, born 09/26/2003. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of Jadyn on a repeating week on/week off schedule as follows: a. Commencing 06/26/09, Father shall have physical custody of Jadyn every other week from Friday at 5:30 pm until the following Friday at 5:30 pm. b. Commencing 07/03/09, Mother shall have physical custody of Jadyn every other week from Friday at 5:30 pm until the following Friday at 5:30 pm. C. Notwithstanding the above schedule, Mother shall additionally have physical custody of Jadyn Friday 07/10/09 until Sunday 07/12/09 at 2:00 pm. d. The Friday exchange location shall be by mutual agreement. The Sunday exchange location shall be by agreement; in the absence of agreement, the exchange shall take place at the Tractor Supply Company in Carlisle, PA. e. Father shall also have the right to care for Jadyn every day that Mother works. The parties shall meet at 6:45 am each morning at the Tractor Supply Company, Noble Boulevard, Carlisle, PA and Father shall drop off Jadyn at the babysitter's at 3:00 pm. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Child for that time period the parent is working. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to 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, p Distribution: AJ. Carol Lindsay, Esquire Jane Adams, Esquire ???eA ?n?? G _a 3 oy John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TRIES EVEN ODD Easter Day 1 s Half From 9 pm Saturday until 9 am YEARS M th YEARS Sunda morning o er Mother Easter Da 2n Half Memorial D From 9 am until 4 m Sunda Father Father a Inde endence Da From 9 am until 9 m From 9 am until 9 Mother Father Labor Da m From 9 am until 9 m Father r Mother Fath Trick or Treat Night in the event Mother and Father's Father er Mother communities have trick or treat night on the same night, from 1 hour before trick or treating begins until 1 hour after it ends Thanksgiving 1 S From 8 am Thanksgiving Day to 2 Father Fath Half m on Thanksgiving Da er Thanksgiving 2° half From 2 pm on Thanksgiving Day to Mother Mother Christmas 1 S Half noon the day after Thanks ivin Da In odd years, Mother shall have Moth custody of Jadyn on 12/24 from 5 pm er Father until 9 pm and Father shall have from 9 pm on 12/24 until 3 pm 12/25. In even years, Mother shall have from noon on 12/24 until noon 12/25. Christmas 2° Half In odd years Mother shall have from. Father Mother 3 pm on 12/25 until noon 12/26. In even years, Father shall have from noon on 12/25 to noon on 12/26 New Year's . From 6 pm 12/31 until noon January t Mother Father 1S (with the 12/31 year to control the even/odd determination) Mother's Da Father's D From 9 am until 9 m Mother Mother a From 9 am until 9 m Father Father JENNIFER E. HECKENDORN, Plaintiff V. KEVIN S. JONES, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7321 CIVIL .ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 • The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Jadyn A. Jones 09/26/2003 Mother and Father 2. A Conciliation Conference was held with regard to this matter on January 29, 2009, an Order issued February 3, 2009 and a status conference was held June 22, 2009 with the following individuals in attendance: The Mother, Jennifer Heckendorn, with her counsel, Jane Adams, Esq. The Father, Kevin Jones, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date 7 John J. an g , Es ire Custo Con 'Bator 7 Fit' l:7 "- - "oy 1G"u9 v`Gi`N 23 ? ?. 3?