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HomeMy WebLinkAbout09-5196 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL BAKER, CIVIL ACTION C`7aft-j Plaintiff 09- S'191 ?c - V. BRANDI LYNN JONES, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is J. Michael Baker who currently resides at 159 N. Hanover Street, Apartment 202, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Brandi Lynn Jones who currently resides at, 360 Mooredale Road, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following child: Name Residence Age Brendon Michael Jones 159 N. Hanover Street, Apt. 202 4 Carlisle, Pennsylvania (DOB 6/10/2005) The child was born out of wedlock. • During the past five years (or date of birth of the child), the child has resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) J. Michael Baker 159 N. Hanover St. Apt. 202 3/2009-present Carlisle, Pennsylvania Brandi Lynn Jones and Wayne Jones 360 Mooredale Road Carlisle, Pennsylvania 2/2007 - 3/2009 J. Michael Baker 360 Mooredale Road And Brandi Lynn Jones Carlisle, Pennsylvania 6/10/2005- 3/2007 The mother of the child is Brandi Lynn Jones, currently residing at 360 Mooredale Road, Carlisle, Pennsylvania. She is not married. The father of the children is J. Michael Baker, currently residing at 159 N. Hanover Street, Apartment 202, Carlisle, Pennsylvania. He is not married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons other than child: None 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons other than the children: Her father. 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the child. Plaintiff is in the best position to provide the care and nurture which the child needs for healthy development. Defendant does not provide for the children's physical, psychological or social needs while they are in her care. i 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him custody of the minor child. Sheri D. Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL BAKER, CIVIL ACTION Plaintiff V. . BRANDI LYNN JONES, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: -? ) a9 t 20CFJ J. M1 hael Baker O-A) OF THE "T ARY 2009 JUL 29 P 1. S Cb(,? 393 R?'-'a,zas?p 'Y J. MICHAEL BAKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5196 CIVIL ACTION LAW BRANDI LYNN JONES IN CUSTODY DEFENDANT 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 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, 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 .57. o!' .9? - if c)le", v .C/ es 9? , 4 C139, e e, ? J. MICHAEL BAKER, Plaintiff V. BRANDI LYNN JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5196 IN CUSTODY ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of the Defendant, Brandi Lynn Jones, in the above-captioned matter. )W, laws ffim of Yohn M.-err 5020 Potter Road State 108 modumksbtug, PA 17055 PHow 717.766.4008 FAx: 717.766.4066 Dated: August 12, 2009 John M. Kerr, Esquire Attorney I.D.#26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individuals in the manner indicated: Via Regular Mail Via Hand-Delivery Sheri D. Coover, Esquire Hubert X. Gilroy, Esquire 44 South Hanover Street Custody Conciliator Carlisle, PA 17013 Martson Law Offices 10 East High Street Carlisle, PA 17013 QZ.A& John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 12, 2009 90)=. err 5020 Ritter Road State 108 Mechanicsburg, PA 17055 Pr1ow 717.788.4008 FAx: 717.788.4066 V (?F TI- E I (.istR ? .'" 12 hill c:: 1 J .i Oct 2 ?2009 J. MICHAEL BAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW BRANDI LYNN JONES, NO. 2009-5196 Defendant IN CUSTODY COURT ORDER AND NOW, this ZS' day of October, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, J. Michael Baker, and the mother, Brandi Lynn Jones, shall enjoy shared legal and shared physical custody of Brendon Michael Jones, born June 10, 2005. 2. Physical custody shall be handled as follows: A. On an alternating week schedule, on week one Mother shall have custody from 'Thursday evening at 7:00 p.m. until Sunday evening at 6:00 p.m. Father shall have custody from Sunday evening at 6:00 p.m. until Thursday evening at 7:00 p.m. B. On week two, Mother shall have custody from Thursday evening at 7:00 p.m. until Monday morning at 10:00 a.m., and Father shall have custody from Monday morning at 10:00 a.m. until Thursday evening at 7:00 p.m. 3. The holiday schedule shall be handled as follows: A. For New Year's Day, Memorial Day, July 4", Labor Day, Thanksgiving, Christmas Eve and Christmas Day, the parties shall alternate custody from 7:00 a.m. until 7:00 p.m. On even numbered years, Mother shall have New Year's Day, July 4', Thanksgiving, and Christmas Day, and the Father shall have Memorial Day, Labor Day and Christmas Eve. On odd numbered years, the schedule shall alternate. 10 ft B. The parties shall alternate years in which they get to take the child trick-or- treating. On odd numbered years Mother shall have the custody of the child on the night of trick-or-treat and on even numbered years Father shall have custody of the child on that evening. 4. Mother shall have custody of the child from 7:00 a.m. until 7:00 p.m. on the child's birthday. 5. Father is to provide transportation for exchange of custody. 6. This Order is entered pursuant to an agreement reached by the parties at a custody Conciliation Conference. In the event the parties desire to modify this Order and reach an agreement, they can modify the Order as they agree. Absent an agreement, the parties must follow the Order above or, in the alternative, the parties may seek to have the Order modified by petitioning the Court to have the case again scheduled with the Custody Conciliator for a conference. 7. It is noted that this Order is entered at a time when the minor child is not in school and both parents reserve the right to advance a different position on a permanent custody Order once the child starts school. BY THE COURT, cc: ??ohn eri D. Coover, Esquire M. Kerr, Esquire Ms. Brandi Lynn Jones . CEC 6L t asf? J. MICHAEL BAKER, Plaintiff vs. BRANDI LYNN JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5196 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brendon Michael Jones, born June 10, 2005 2. A Conciliation Conference was held on October 23, 2009, with the following individuals in attendance: the mother, Brandi Lynn Jones who appeared pro se but is represented by John M. Kerr, Esquire, who was unable to attend because of health reasons, and the father, J. Michael Baker, with his counsel, Sheri D. Coover, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: October 2009 (?M ?0 ?' Hubert X. Gilroy, squire Custody Concili or FII.ED--0F;- LE OF THEE PROTHONOTARY 2009 OCT 28 AM 9: 49 CUM} ? ?: ?:-JiJI?JTY PENNSYLVANIA ~~ fl' J. MICHAEL BAKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 2009-5196 CIVIL ACTION LAW BRANDI LYNN JONES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 30, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Thursday, September 02, 2010 at 2:30 PM far aPre-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.„~ 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 arrangem ents 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. r~ ~ ~ o Cumberland County Bar Association ~ '~~ . r~-~ o { $• 02' ~ ~ C3.f~• C~ ~~ ~e.U "~'O 32 South Bedford Street ~ ; ~ ' =~' ~.Q,r'~" " Carlisle, Pennsylvania 17013 ~ ~ !J~ Telephone (717) 249-3166 Cs~owe.~ ` , ~ _ , r} g-a•I O ~ ~ ~i Iro .s ~ ~. ~ ~ MICHAEL BAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 09-5196 CIVIL BRANDI LYNN JONES, Defendant IN RE: MOTION TO MODIFY CUSTODY ORDER AND NOW, this 2 ~' day of September, 2010, it is ordered and directed that the minor child, Brendon Michael Jones, born June 10, 2005, be enrolled at the North Dickinson Elementary School, Dickinson Township, Cumberland County, Pennsylvania. Of necessity, the existing order of court in this case is temporarily modified to provide that the mother shall have custody of said child during the week and the father shall have custody of the child on weekends. A permanent change in the existing custody order is not contemplated at this time. This order is entered, however, without prejudice to either side to file a petition requesting a permanent change in primary physical custody necessitated by the fact that the parties may continue to reside in separate school districts. ~ Sh ri e D. Coover, Esquire For the Plaintiff ohn M. Kerr, Esquire For the Defendant rlm ~O"Jl~ /na~~, 7 oZ, l ((~ /~ `T~ BY THE COURT, ~~ Kevin .Hess, P. J. a--~ ,, -- :.: ~=~~ ~.~ ~ ~~ "~ " ° `~~ ~ .