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HomeMy WebLinkAbout09-5132JESSICA MEGAN HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09- J j 3 CIVIL TERM TODD JARVIS, : Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jessica Megan Hess, hereinafter referred to as Mother. Mother resides at 147 E. North St., Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Todd Jarvis, hereinafter referred to as Father. Father resides at 30 Penny Lane, Malone, Franklin County, New York, 12953. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Ethan Jarvis 30 Penny Lane 03/14/08 DOB, 16 months old Malone, NY 12953 Ethan was born out of wedlock. Ethan is presently in the custody of Father because Father took Ethan on July 9, 2009, from the home of Donna Louise Williams, the maternal grandmother at 21 Lacount St., Apt. A3, Chateaugay, NY 12920 where Mother and Ethan were visiting. Since July 9, 2009, Father has refused to return Ethan to Mother's custody. During his lifetime, Ethan has resided with the following persons and at the following addresses: Name Jessica Megan Hess Christine Armagno Frank Armagno Todd Jarvis Address 101A Kings Highway Marysville, PA 17053 Date Birth - mid-April 2008 Jessica Megan Hess 234 W. Simpson St. mid-April 2008 - January 1, 2009 Todd Jarvis Mechanicsburg, PA 17055 Crystal Hess Jessica Megan Hess Todd Jarvis Amanda Neidig Skip Galloway Jessica Megan Hess Todd Jarvis Jacqueline Neidig Jessica Megan Hess Todd Jarvis Corey Jarvis Natalie Jarvis Zachary Jarvis Jessica Megan Hess Jessica Megan Hess Donna L. Williams Shayla May Hess Cheyenne Marie Hess Todd Jarvis Corey Jarvis Natalie Jarvis Zachary Jarvis 155 S. East St. Carlisle, PA 17013 147 E. North St., Apt. 2 Carlisle, PA 17013 30 Penny Lane Malone, NY 12953 147 E. North St., Apt. 2 Carlisle, PA 17013 21 Lacount St., Apt. A3 Chateaugay, NY 12920 30 Penny Lane Malone, NY 12953 5. Mother currently lives alone. January 2009 February - mid-March 2009 mid-March -May 12, 2009 May 12, 2009-May 20, 2009 May 20, 2009 - June 11, 2009 June 11, 2009- July 9, 2009 July 9, 2009 - present 6. It is believed that Father lives with the following persons: Name Tiffany Bonesteel Corey Jarvis Natalie Jarvis Zachary Jarvis Relationship Girlfriend Todd's brother Todd's sister-in-law Todd's nephew 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Ethan in this or another court. 8. Mother has no information of a custody proceeding concerning Ethan pending in a court of this Commonwealth. 9. Mother does not know of a person not a parry to the proceedings who has physical custody of Ethan or claims to have custody or visitation rights with respect to Ethan. 10. Ethan's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Ethan was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Ethan on a primary basis and has done so since his birth. c. A child of sixteen months needs the attention and care of his Mother. d. In past six months Ethan has been predominantly in the care of Mother. e. Ethan has access to other family members when in Mother's care including, his great grandmother Jacqueline Neidig, his great aunts Veronica Neidig and Amanda Neidig, his maternal aunt, Crystal Rene Hess, and his first cousins, Ryneisha and Felicia. f. Mother is willing to communicate with and work cooperatively with Father to co- parent Ethan and will encourage their father/son relationship. 11. Father has not acted in Ethan's best interests in ways including but not limited to the following: a. Father was not actively involved with doctor appointments or other pre-natal care while Mother was pregnant with Ethan. b. Father has not taken responsibility for basic parenting responsibilities since Ethan was born. c. From the time that the relationship of Mother and Father ended, Father has not taken on any financial responsibility for Ethan. In the last six months, Father has only provided $60.00 to Mother for the care of Ethan. d. Father has been arbitrary when it comes to spending time with Ethan since Ethan's birth. In the thirteen months since Ethan's birth, Father has intermittently lived with Mother and Ethan, taking off for months at a time. e. On July 9, 2009, Father showed up uninvited at the home of Donna Louise Williams, the maternal grandmother when Mother and Ethan were getting ready to return to Pennsylvania. Father took Ethan, who was wearing only a shirt and diaper and walked away, but no bottles or any other necessary items required to care for Ethan. f. Father took Ethan from daycare on May 12, 2009, without Mother's permission or knowledge and called to inform Mother that he was taking Ethan to Malone, New York. Mother was unable to get Ethan back immediately and for the sake of Ethan's health and wellbeing she provided clothing and food for Ethan. g. Father frequently leaves Ethan in the care of Earl "Skip" Jarvis, the paternal grandfather, who owns three pitbulls. The dogs have chewed up Ethan's shoes, pacifiers, and sippy cups. Mother is concerned for Ethan's safety as he may not be properly supervised. h. Because of Father's lacking involvement with Ethan's daily care, Mother is concerned about Ethan's health and welfare while with Father. After getting Ethan back following the May 12'h incident, Ethan was unbathed, had a runny nose and was wearing ill-fitting clothing. Mother is concerned Ethan may become sick from lack of proper care. i. For the period of June 11, 2009 to July 9, 2009, Mother had the opportunity to observe Father at his place of residence in Malone, New York. During this time, Mother observed that Father did not have baby food and other necessary items needed to care for Ethan. Mother observed that Father did have diapers and baby wipes. j. After the May 12, 2009 incident, Father offered to return Ethan, if Mother stopped seeing new boyfriend. Mother was able to regain custody of Ethan for a brief period of time before Father took him again. k. Since the July 9, 2009 incident, Father continues to refuse to return Ethan. When Mother calls, Father threatens that his current girlfriend will become a mother to Ethan. 1. Father has spit in Mother's face on multiple occasions. m. Father's refusal to return Ethan to his Mother results in Father's inability to ensure that Ethan makes his upcoming pediatric appointments which are critical to a growing baby. n. Father does not have a permanent or stable residence and his unemployment makes it difficult for him to provide the same level of care that Mother can provide. o. Mother believes that Father's friends, with whom he is believed to be staying, engage in unsafe behaviors such as alcohol abuse and criminal activity, which does not provide the safe environment necessary to properly care for a young child. 12. Since July 9, 2009, Mother has had telephonic contact with Ethan on an almost daily basis. 13. Every person with rights to custody or having actual physical custody of Ethan has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Ethan. 2. That Mother shall have primary physical custody of Ethan. 3. That Father shall have periods of supervised visitation at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Ethan while he is with the other parent. 5. Neither party shall consume alcohol or illegal drugs when Ethan is in their custody and neither party shall allow Ethan to be exposed to persons who have been consuming alcohol or illegal substances. 6. Any other relief this Court finds just and equitable. Abrah Pro , Esquire MidP egal Services 401 E4st Louther St., Ste., 103 Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Jessica Megan Hess, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom. falsification to authorities. Date: 7)0c)- 4d" 4`' J ica Megan Hess JESSICA MEGAN HESS, TODD JARVIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- CIVIL TERM CUSTODY Plaintiff vs. Defendant AFFIDAVIT OF SERVICE BY MAIL I, Noemi V. Lopez, do hereby swear that I served Todd Jarvis, with a Complaint For Custody on 7 Z9 4 , 2009 by certified mail, return receipt, restricted delivery, to the person and addresses below: Todd Jarvis 30 Penny Lane Malone, NY 12953 I, Noemi V. Lopez, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 712q Signature: FILE[. "Apy 2 0 0 9 JU 29 A h 8-. 24 IMP, 1-1 ,; `. r SFP JESSICA MEGAN HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09- 51.32 CIVIL TERM TODD JARVIS, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jessica Megan Hess, Plaintiff, to proceed in forma ap uperis. I, Abraham Prozesky, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the parry. Abrahk Xo sky, Esquire MidPenn gal Services 401 East I,outher Street Carlisle, PA 17013 (717) 243-9400 ?;.'r'r?{?c ??? FtL?? ?,-??.,?tctn?. 09 ??? 29 ?? ?? ??? y, J..1 r?,.,.kr ?s:? t {• y sik 5.1 JESSICA MEGAN HESS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD JARVIS DEFENDANT 2009-5132 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 10, 2009 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166' i c 4. ?r 2P1 11J 7 i ; It .f ?+ SEP 1 5 20096 Is JESSICA MEGAN HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW TODD JARVIS, NO. 2009-5132 Defendant IN CUSTODY COURT ORDER AND NOW, this I ? k day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Jessica Megan Hess, and the father, Todd Jarvis, shall enjoy shared legal and shared physical custody of Ethan Jarvis, born March 14, 2008. 2. Physical custody shall be handled on a 50150 arrangement with the parties alternating custody every two weeks. The parties shall work between themselves with respect to setting a date, time and location for exchange of custody. 3. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify or alter the custody schedule as they agree. Absent an agreement, the parties shall follow the custody schedule above which contemplates a two week on/two week off custody arrangement. In the event either party desires to modify this Order, that party may contact the Custody Conciliator directly in writing to request another Custody Conciliation Conference. If the matter cannot be resolved at a second Custody Conciliation Conference, the Conciliator will refer the case to a Judge for a hearing. BY THE COURT, cc: 4r. aham ProzeskY, Esquire Todd Jarvis ?£S ?YtS.cl£cJl? Judge r JESSICA MEGAN HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TODD JARVIS, NO. 2009-5132 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Ethan Jarvis, born March 14, 2008. 2. A Conciliation Conference was held on September 10, 2009, with the following individuals in attendance: The mother, Jessica Megan Hess, who appeared with her counsel, Abraham Prozesky, Esquire, and the father, Todd Jarvis, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: September' q , 2009 ?10A' Hubert X. Gilroy, Es ire Custody Conciliato RLED OF THE 2099 SIEc 16 PIM 12* t} 5 GUt'1.. M u'v a Jessica Hess, Plaintiff v. Todd Jarvis, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW NO. 2009-5132 IN CUSTODY WITHDRAWAL AND ENVY OF APPEARANCE ?c -p TO THE PROTHONOTARY OF SAID COURT: `L»a ? PLEASE withdraw my appearance as attorney of record for the Petitioner, Jessica Hess, at the above captioned docket. Dated: Marcia 4, 20.11 Re y submitted by, Mi gal Services 401 Loutber Street Carlisle, PA 17013 (717) 2439400 PLEASE enter my appearance as attorney of record on behalf of the Petitioner., Jessica Hess, at the above captioned docket. Respectfully submitted by: Greg Mxr clin Certified Legal Intern A V L FOX FAMILY AW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 JESSICA HESS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5132 CIVIL ACTION LAW TODD JARVIS t?U IN CUSTODY cfz._ , -..' DEFENDANT ?cn ORDER OF COURT > r=:' `- r` AND NOW, Friday, October 28, 2011 upon consideration of the attached Complaint," it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, November 10, 2011 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: /s/ Hubert X. Gilroy, Esq. Jidl Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?.? ?. (o ma?4eoldot f? fn's ? C p5 afl y h Jessica Hess. V. Plaintiff," Petitioner Todd Jarvis, Defendant/ Respondent IN THE COURT OF COMMON PLEAS ,., OF CUMBERLAND COUNTY, J' PENNSYLVANIA _ Z-;o " 55 CIVIL ACTION - LAW cnr Z> 1 N fir? IN CUSTODY rte- a --4c; No. 2009-5132 CIVIL TERM ? =c a PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this day of , 2012, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Jessica Hess, by her attorneys, the Familv Law Clinic, seeking emergency custody of the minor child, Ethan Jarvis, born March 14, 2008. In support of her Petition for Emergency Relief, Petitioner states the following: 1. The petitioner is Jessica Hess, an adult individual who resides at 147 East North St. 2n1 Floor. Carlisle. PA 17013 2. The respondent is Todd Jarvis, an adult individual who resides at 141 Williams Street Malone, NY 12953. 3. The petitioner is the biological mother (hereinafter "Mother") of the minor child, Ethan Jarvis, born March 14, 2008 (hereinafter "Child") 4. The respondent is the biological father (hereinafter "Father") of the child. 5. The child was born out of wedlock. 6. The parties have shared legal and physical custody of Child pursuant to Custody Orders dated September 16, 2009 and November 16, 2011. The Orders are attached hereto as Exhibits A and B. 7. Under the November 16, 2011 Order Mother, and Father share legal custody of the minor child- Ethan Jarvis, and shared physical custody rotates on a bi-weekly schedule. Mother was to have custody from November 16, 2011 until December 31, 2011 in order to compensate her for time which had been missed. Thereafter the bi-weekly schedule was to resume. 8. Mother was to begin a custodial period on January 14, 2012. 9. Prior to that date and on that date Father told Mother that she could not have custody of child. 10. Child continues to be in Father's physical custody despite Mother's repeated attempts to exercise custody. 11. Father has repeatedly told Mother she could no longer see the minor child and refused to allow Mother to exercise her custody time. He has refused to give the child to child's maternal grandmother for transportation to Pennsylvania. Father and Father's aunt have threatened to call the police if Mother attempted to enter the property to see the minor child. 12. During the week of February 20, 2012 Mother was in New York and attempted to visit the child. Father refused unsupervised access to the child and Mother was only able to see him once when she ran into them at an insurance agency. Father refused to allow Mother to take the child out of the car. 13. Father severely restricts telephone access. Father often refuses to answer the phone when he knows that Mother is calling. 14. During telephone conversations with Mother. son is prompted by Father to make disparaging comments to Mother including "you're a bad mom," "whore," and that he would never like to see her again. 15. Mother is filing a Petition for Civil Contempt for Disobedience of Custody Order contemporaneously with this Petition for Special Relief. 16. Mother has filed a Petition to Modify Custody Order. A hearing is currently set for April 17. 2012. 17. Mother believes and therefore avers that it is in the best interests of the minor child that Mother be granted shared legal and temporary primary physical custody of the child, pending further Order of Court. WHEREFORE, the petitioner, Jessica Hess, respectfully requests that this Honorable Court enter an Order granting Petitioner shared legal and temporary primary physical custody of the Child, Ethan Jarvis, and further order that Todd Jarvis, deliver the minor child, Ethan Jarvis (d.o.b. March 14, 2008), to Petitioner, Jessica Hess within forty-eight hours. Petitioner further requests that Cumberland County Sheriff s Department bed directed to assist with any transfer of custody within Cumberland County and to deputize the Sheriff of any outside jurisdiction where the child is located. Date Respectfully submitted, (6, J'V v"_: Anna Strawn Certified Legal Intern MEGAN RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX 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 Complaint 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 Jessica Hess, Petitioner Jessica Hess, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN CUSTODY Todd Jarvis. Defendant NO. 2009-5132 CIVIL TERM CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief on Todd Jarvis, residing at 141 Wiliams Street Malone, NY 12953, by depositing a copy of the same in the United States first class mail. I Date Anna Strawn Certified Legal Intern r Megan Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Jessica Hess, Plaintiff V. Todd Jarvis, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CONTEMPT NO. 2009-5132 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER The Petitioner, Jessica Hess, hereby brings this Petition for Special Relief and Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Todd Jarvis, in contempt of the November 16, 2011 Order and direct the immediate return of the child, Ethan Jarvis (d.o.b. March 14, 2008). In support of her Petition, Petitioner states as follows: 1. On November 16, 2011 The Honorable M. L. Ebert entered an Order awarding Jessica Hess (Mother), and Todd Jarvis (Father) shared legal custody of the minor child, Ethan Jarvis, and awarding shared physical custody on a bi-weekly schedule. Mother was to have custody from November 16, 2011 until December 31, 2011 in order to compensate her for time which had been missed. The initial transfer of custody was to occur by Father delivering the child to the maternal grandmother. Thereafter the bi- weekly schedule was to resume. Additionally, under the order both parents were to refrain from disparaging the other parent in front of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. On December 31, 2011 Mother delivered child to Father for his two week period of custody. Father has retained custody since that time and has refused to return child to Mother. c,. 3. Father has willfully failed to abide by the November 16, 2011 Order in the rT7 CCU c7) Ty Z r a. Father has not relinquished custody of Ethan since his period of custody began on December 31, 2011 and has repeatedly refused to allow Mother to exercise her periods of physical custody. b. Specifically, Father has failed to abide by the Order in the following ways: i) Father told Mother she could no longer see the minor child and refused to allow Mother to exercise her custody time. He refused to give the child to child's maternal grandmother for transportation to Pennsylvania. Father and Father's aunt threatened to call the police if Mother attempted to enter the property to see the minor child. ii) During the week of February 20, 2012 Mother was in New York and attempted to visit the child. Father refused unsupervised access to the child and Mother was only able to see him once when she ran into them at a store. Father refused to allow Mother to take the child out of the car. ill) Father severely restricts telephone access. Father often refuses to answer the phone when he knows that Mother is calling. iv) During telephone conversations with Mother, son is prompted by Father to make disparaging comments to Mother including "you're a bad mom," "whore," and that he would never like to see her again. WHEREFORE, Petitioner requests that: a. Father be held in contempt of the Court's November 16, 2011 Order of Custody; b. Father be directed to return custody of the minor child within 48 hours. C. Cumberland County Sheriff's Department be directed to assist with any transfer of custody within Cumberland County and to deputize the Sheriff of any outside jurisdiction where the child is located; d. Mother be awarded additional custody time to compensate for the wrongful deprivation of custodial time, e. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; f. Mother be awarded such other relief as the Court deems appropriate. Date: fl R ectfully su Anna Strawn Certified Legal Intern i ' ??t 1 .f Mega Riesmeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION 1 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 unsworn falsification to authorities. Jessica Hess Petitioner Jessica Hess, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN CONTEMPT Todd Jarvis, Defendant : NO. 2009-5132 CIVIL TERM CERTIFICATE OF SERVICE I, Anna Strawn, hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt for Disobedience of a Custody Order and sanctions under 23 Pa.C.S. § 4346 on Todd Jarvis by first class United States Mail. Date: Anna Strawn Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JESSICA HESS, PLAINTIFF V. TODD JARVIS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5132 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 7th day of March, 2012, upon consideration of Mother, Jessica Hess' Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Father, Todd Jarvis, to show cause why the relief requested by Mother should not be granted; 2. Father, Todd Jarvis, shall file an Answer to the Petition for Special Relief on or before March 22, 2012; 3. An emergency hearing on the matter will be held on Thursday, March 29, 2012, at 10:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Each side will be limited to presenting their case within 30 minutes. 4. Pending further Order of Court, Father, Todd Jarvis, shall immediately return Ethan Jarvis to the care and custody of Jessica Hess. 5. Cumberland County Children and Youth Services will verify that the home of nurturing environment for Ethan Jarvis. Jessica Hess is a safe , , P-<) By the Court, ?1- {1 t>`t M. L. Ebert Jr. J. 5f , , Family Law Clinic Counsel for Plaintiff ? Todd Jarvis 141 Williams Street Malone, NY 12953 Cumberland County Children and Youth Services bas l'oyt- EXHIBIT I JESSICA MEGAN HESS, IN THE COURT OF COMMON I LEAS OF Plaintiff CUMBERLAND COUNTY, PEN ;SYLV'ANIA vs. CIVIL ACTION - LAW TODD JARVIS, NO. 2009-5132 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this day of November, 2011, upon consideration Df the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court d ited September 16, 2009, shall remain in place subject to the following modifications: 1. The father shall deliver the minor child to the mother's custody b; delivering the child to the maternal grandmother's custody. If the parties are = ble to agree on how that delivery takes place, exchange of custody shall take place of . November 23, 2011, at 9:00 a,m. at the McDonald's restaurant closest to the f, ther's home in Malone, New York. 2. Mother shall enjoy custody of the minor child until Saturday, Dece nber 31, 2011, unless agreed otherwise by the parties. Starting Saturday, Decemb ;r 31, 2011, the parties are directed to continue with two week on/two weel off custodial arrangement. If the parties are unable to agree upon an arrangement :or exchange of custody and transportation between the father's home in upstate Ne N York and the mother's home in Carlisle, the parent receiving custody shall have t ie obligation of providing transportation and shall pick the child up at the other paren 's home at 9:00 a.m. on Saturday morning starting December 31, 2011, and altern Lting every two weeks thereafter. 3. It is specifically directed that the mother shall not allow Mr. Leon D, ;ardorff to be in the presence of the child or in the same home as the child when mot per has custody. 4. Both parties are directed to disclose to the other party or their counsel any and all criminal convictions or criminal charges pending against the parent or any other person residing in the parent's home. 5. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the day of Dri I , 201A at q'00 A m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have an attorney, shall file with the Court and opposing counsel/party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 6. It is noted that the above Order provides mother with custody of the minor child over the Christmas Holiday in 2011. Any future Orders will be fashioned such that father shall have custody over Christmas in 2012 with the parties alternating custody on Christmas because of the long distance between the parties. BY THE COURT, ??/ M. L. F-LeAA- .L. Ebert, Judge cc: Greg Marcelin, Student Attorney of the Dickinson School of Law Penn State University Family Law Clinic Mr. Todd Jarvis ?rn o rte;-,. TRUE COPY FROM RECORD 1 _ rn ?? In Testimony whereof, I here unto set my hand -- and the seal of said Cou Cadisle, Pa. 20 11 This dam d, ° Prothonotary c - JESSICA MEGAN HESS, Plaintiff VS. TODD JARVIS, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5132 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Ethan Jarvis, born March 14, 2008. 2. A Conciliation Conference was held on November 10, 2011, with the following individuals in attendance: The mother, Jessica Megan Hess, with her student attorney, Greg Marcelin of the Dickinson School of Law Penn State University Family Law Clinic. The father, Todd Jarvis, appeared via telephone without counsel. 3. The parties were before the Custody Conciliator in September of 2009 at which time they reached an agreement on a 50/50 custody situation with the parties exchanging custody every two weeks. Recently, there has developed a problem with respect to exchange of custody. Father lives in upstate New York and mother resides in Carlisle. The father has had the child since the end of September. The father has various issues concerning the mother's household, and the mother has various issues concerning the father's household. Mother is seeking primary custody during the school year with a suggestion that the father have custody during the summer months. Father is also seeking primary custody if it has to be changed from a 50150 arrangement. The child is in daycare or preschool now. 4. The parties are unable to reach an agreement and the Custody recommends an Order in the form as attached which addresses some issues that were brought up at the Custody Conciliation Conference. Date: November // '2011 90 1 Hubert X. Custody ( y, Esquire JESSICA HESS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5132 CIVIL ACTION LAW M,. TODD JARVIS IN CUSTODY -t CO E-' DEFENDAN T ORDER OF COURT AND NOW, _ Thursday, March 08, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 27, 2012 at 2:30 PM 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/ Hubert X. Gilroy, 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 rCPef '/O /" y Telephone (717) 249-3166 ?`? ` d nays isle- Jessica Hess, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI : -O3 r'3 °-+ V. CIVIL ACTION-LAW =rn X -?, -n rr i CUSTODY z:;a r ' fi x-' o cam Todd Jarvis , <o Defendant NO. 2009-5132 CIVIL TERM Vic, r' - N) CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff's Petition for Special Relief-Order of Court on Todd Jarvis, residing at 141 William Street Malone, NY 12963 by depositing a copy of the same in the United States mail. Anna Strawn Certified Legal Intern llk4dz7 U// ~ Meg6ri Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Jessica Hess. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY Todd Jarvis, Defendant NO. 2009-5132 CIVIL TERM CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff's Petition for Civil Contempt-Order of Court on Todd Jarvis, residing at 141 William Street, Malone, NY 12963 by depositing a copy of the same in the United States mail. Anna Strawn Certified Legal Intern _V j y. rV --a J> N3 ^7 '. r i r ..c tV p l C CO r ZE a d :v JESSICA MEGAN HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-5132 CIVIL TERM TODD JARVIS, CIVIL ACTION - LAW Defendant CUSTODY IN RE: CONTEMPT ORDER OF COURT AND NOW, this 29th day of March, 2012, the Court does find that the Defendant, Todd Jarvis, did willfully violate the order of this court to return the child to Mother on March 7th, 2012. Accordingly, he is found in contempt. Sentence of the Court is that the Defendant pay a fine of $50. By the Court, % M.L. Ebert, Jr., J. Anna Strawn, Certified Legal Intern Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Todd Jarvis, Pro Se 141 William Street c.. -zs Malone, NY 12963 '`- - :mlc JESSICA MEGAN HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TODD JARVIS, NO. 2009-5132 Defendant IN CUSTODY rte, M COURT ORDER= cr v6j -a AND NOW, this day of March, 2012, the Conciliator havinoiduted c w Conciliation Conference on March, 27, 2012, on a Petition to hold the Defendant in oiemp4 ark f the Conciliator learning at that time that a hearing was scheduled before Judge Ebert on Thursday, March 29, 2012, to address the same issue, after consultation with and approval by Judge Ebert, the Conciliator relinquishes jurisdiction in this matter. Hubert X. Gil y, Esquire Custody Co iliator Jessica Hess, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY Todd Jarvis, Defendant NO. 2009-5132 CIVIL TERM =`= CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff s Pre-Hearing Memorandum on Todd Jarvis, residing at 141 William Street, Malone, NY 12963 by depositing a copy of the same i t e United States mail. F Date Anna Strawn Certified Legal Intern JESSICA HESS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD JARVIS, DEFENDANT NO. 09-5132 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of April, 2012, upon consideration of Father, Todd Jarvis' oral request for a continuance of the custody hearing currently scheduled for Tuesday, April 17, 2012, at 9:00 a.m. and with the concurrence of counsel for Mother, IT IS HEREBY ORDERED AND DIRECTED that the hearing currently scheduled for Tuesday, April 17, 2012, at 9:00 a.m. is CONTINUED. IT IS FURTHER ORDERED AND DIRECTED that the hearing will be held on Friday, June 8, 2012, at 9:00 a.m, in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J.,??, C.._.' N) ' Family Law Clinic Counsel for Plaintiff Todd Jarvis 141 Williams Street Malone, NY 12953 bas ! ?:t. ? r? ?Y , ' W/)L-?11"x x I"jel JESSICA HESS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD JARVIS, DEFENDANT NO. 09-5132 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 11th day of June, 2012, upon consideration of Mother's Petition to Modify Custody Order and after hearing in the matter, pursuant to 23 Pa.C.S.A. § 5323(d), the Court states the following reasons for granting Mother primary physical custody in this case: 1. Mother is more likely to encourage and promote frequent and continuing contact between the child and Father. 2. Mother has performed the majority of parental duties for this child and has done so in a competent and satisfactory manner. 3. Both Mother and Father have extended family available to them who reside near their homes to assist in taking care of the child. 4. At this point, given the age of the child, Mother is more likely to attend to the daily physical, emotional, developmental and educational needs of the child. 5. Mother and Father live more than 8 hours apart and a shared custodial arrangement is not practicable. 6. There is a high level of conflict between the parties based on Father's extreme dislike for Mother's new boyfriend. However, the current boyfriend, Leon Deardorff, has been charged with Homicide by Vehicle and numerous other Vehicle t t Code violations in Franklin County. He is currently in prison and bail has been denied. It does not appear that Deardorff will be in Mother's home for the foreseeable future. 7. Both Father and Mother have a history and drug involvement. Mother is currently on probation for simple possession of oxycontin pills and Father is facing criminal charges in New York involving the possession of twenty pounds of marijuana. 8. At the custody hearing, Father did not testify and placed no evidence in support of his position on the record. By the Court, I%J? - UA V M. L. Ebert, Jr., 11 J. Family Law Clinic Counsel for Plaintiff { rn,- Todd Jarvis ` = ' 141 Williams Street == ..- '_ Malone, NY 12953 bas fe5 a? I{dj Uli,li,;L- {LL t JESSICA HESS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD JARVIS, DEFENDANT NO. 09-5132 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 11th day of June, 2012, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Father, Todd Jarvis, and the Mother, Jessica Hess, shall enjoy shared legal custody of Ethan Jarvis, born: March 14, 2008. Major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: Mother shall have primary physical custody of the child during the school year. Father shall have primary physical custody of the child during the summer months beginning within one week of the end of the child's school year. In 2012, Father shall have custody of the child from June 8, 2012 until August 24, 2012. 3. HOLIDAYS: On or before August 24, 2012, the parties shall provide this Court with a proposed holiday schedule to include Thanksgiving, Christmas and Easter. 4. TRANSPORTATION AND EXCHANGES: Transportation shall be shared such that the receiving party shall transport. 5. CONTROLLED SUBSTANCES: Neither party may use alcohol to the point of intoxication or illegal drugs before or during their period of physical custody. 6. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. §5337. By the Court, 11%? LVA M. L. Ebert, Jr., J. Family Law Clinic Counsel for Plaintiff Todd Jarvis 141 Williams Street Malone, NY 12953 z bas 6&-e. T JESSICA HESS, PLAINTIFF V. TODD JARVIS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI NO. 09-5132 CIVIL IN RE: CUSTODY SUPPLEMENTAL ORDER OF COURT AND NOW, this 13t" day of August, 2012, the parties having had opportunity to provide for a holiday schedule; IT IS HEREBY ORDERED AND DIRECTED that the attached holiday schedu is made part of this Court's previous order of June 11, 2012. By the Court, ~. 4 ~ ^,.? M. L. Ebert, Jr., J. ~,. ;,.~ _ { ~°? ice-- .,.... _,r,, ~=. _ ~::_ .f3 r-- ~. ~ ~~1 ~ Family Law Clinic --<-~:.;~ c,, a , Counsel for Plaintiff - ~-, ~. -~ ~- , - ~ Todd Jarvis `= `~' :1' 141 Williams Street` Malone, NY 12953 bas CD®%~S ll~a, ~PR~ ~~3~~ ~L Holiday Times Odd Years Even Year Easter From 6:00 p.m. the evening before the holiday Father Mother ~I until 6:00 p.m. the day of the holiday ' Child Birthday {March As determined by parties depending on the day Mother Father i 14) of the week on which the birthday fails ~' Mothers Day From 6:00 p.m. the evening before the holiday Mother Mother until 6:00 p.m. the day of the holiday Memorial Day From 6:00 p.m. the evening before the holiday Mother Mother unti16:00 p.m. the day of the holiday Fathers Day From 6:00 p.m. the evening before the holiday Father Father until 6:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the evening before the holiday Father Father until 6:00 p.m. the day of the holiday labor Day From 6:00 p.m. the evening before the holiday Mother Mother until 6:00 p.m. the day of the holiday Thanksgiving From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the Friday after Thanksgiving Christmas and New From 9:00 a.m. on 9/23 until 2:00 p.m.1/3 Mother Father Years