Loading...
HomeMy WebLinkAbout04-2464LEANDER J. JORDAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- .~v~.y CIVILTERM JAMI K. SMITH Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY OR PARTIAL CUSTODY AND NOW comes Leander J. Jordan, natural father of the subject child, by his attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. The plaintiff is Leander J. Jordan, residing at 9820 Alto Drive, La Mesa, CA 91941. 2. The defendant is Jami K. Smith, residing at 321 Pratt Ave., Carlisle, PA 17013 with a school address of 970 Lilac Street, Apt. 6, Indiana, PA 15701. 3. Plaintiff seeks custody or partial custody of the following child: Name Present Residence Date of Birth Leander James Jordan, Jr. 9/3/00 321 Pratt Ave. Carlisle, PA 17013 a) The child was born out of wedlock. b) The child is presently in the custody of Jami K. Smith who resides at 321 Pratt Ave., Carlisle, PA 17013 with a school address of 970 Lilac Street, Apt. 6, Indiana, PA 15701. c) During the past five years, the child has resided with the following persons and at the following addresses: Name Jami K. Smith & maternal grandmother Address 321 Pratt Ave. Carlisle, PA 17013 Dates Birth to present d) The mother of the child is Jami K. Smith, currently residing at 321 Pratt Ave., Carlisle, PA 17013 with a school address of 970 Lilac Street, Apt. 6, Indiana, PA 15701. e) She is single. f) The father of the child is Leander K. Jordan, currently residing at 9820 Alto Dr., LaMesa, CA 91941. g) He is married. 4. The relationship of plaintiffto the child is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Shonte Jordan Wife 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides with the following persons: manic Maternal Grandmother (name unkown to Plaintiff) Jordan James Leander, Jr. Relationship Maternal grandmother Subject child 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. a) Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. b) Plaintiff does 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. The name and address of such person is: Maternal Grandmother (name unknown to plaintiff), 321 Pratt Ave., Carlisle, PA 17013 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The child should have a relationship with both parents and the current situation is excluding father from all but minimal contact with his son. b) Both father and mother have seasonal address changes (father is a football player with the National Football League and mother is a student at Indiana University of Pennsylvania) which impact on the stability of the child's life would be minimized with an appropriate custody or partial custody order. 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. All other persons, named below, who are known to have or claim a fight to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None known at present WHEREFORE, Plaintiff, Leander J. Jordan, respectfully requests this Honorable Court grant primary physical or partial physical custody of the child, Leander J. Jordan, Jr. Respectfully submitted, LAW OFFICE OF DIRK BERRY, ESQ, Dirk E Berry, Esquire Attorney for Plaintiff 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 May,18, 200~ ,~,I,+PI! 05/.'~$/2004 'L~:4a 70a'B9~l~4~ THE OPS STORE No,032~, P, 6/'8 PAGE '07/08' VERIFICATION I verify that the statements made in this Complaint are true and oorrect. I understand that false statements herein are made subject to thc penalties of 18 Pa. C.S, § 4904 relating to answom falstf~cat~on to authont/es, Date ,'"',. /_.k'Dx ' Leander J. Jordan LEANDER J. JORDAN Plaintiff JAMI K. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day PlaintiWs Complaint for Custody or Partial Custody was served by Certified first-class mail, postage pre-paid, return receipt requested and separately by first-class mail, postage pre-paid upon the following persons: Jami K. Smith 321 Pratt Ave. Carlisle, PA 17013 Date: Dirk E. Berry, Esquire Attorney for Plaintiff 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 .'77 GLENDA LOUISE PHILLIPS : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 04-2364 CIVIL ACTION LAW VERNON JAMES BENTON DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 03, 2004 , 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 Friday, July 09, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be l~resent at the conference. Failure to apliear 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. FORTHECOURT, By: /s/ Hubert X. Gilroy; Esq. Custody Conciliator mhc 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 ATFORNEY 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) 249-31(36 LEANDER J. JORDAN : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 04-2464 CIVIL ACTION LAW JAMI K. SMITH : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 09, 2004 , 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, July 15, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt will be: made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard bt/the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. mhc 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 LEANDER J. JORDAN, Plaintiff, JAMI K. SMITH, Defendant. : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2464 CIVIL TERM : : CIVIL ACTION PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Gerald S. Robinson, Esquire, on behalf of the Defendant in the above-captioned matter. Respectfully submitted, ROBINSON & GERALDO Date: June 9, 2004 By:.. Gerald S. Robinson, Esquire Attomey I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (1717) 232-8525 Jul. 2 8 2oo, ,*'" LEANDER J. JORDAN, Plaintiff V JAM1 lC SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-2464 : IN CUSTODY COURT ORDER AND NOW, this Zq' day of July, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jami K. Smith, and the father, Leander J. Jordan, shall enjoy shared legal custody of Leander J. Jordan, Jr.~, born September 3, 2000· 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy physical custody of the minor child for one week per month. The first week shall be July 20, 2004 through July 27, 2004. The second week shall commence in September to be arranged pursuant to a schedule as set forth between the parties or the attorneys for the parties. 4. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 5. The parties themselves may modify the schedule set forth as they agree. Absent an agreement between the parties, the schedule set forth above shall control. In the event either party desires to modify this order for any reason, legal counsel for the party may contact the Custody Conciliator directly to schedule a custody conciliation conference which may be a telephone conference between the attorneys and the Conciliator. CC: Dirk Berry, Esquire Gerald Robinson, Esqmre~ BY THE COURT, / LEANDER J. JORDAN, Plaintiff V JAMI K. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004 - 2464 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Couciliator submits the following report: 1. The pertinent information pertaining to the child wl~o is the subject of this litigation is as follows: Leander James Jordan, Jr., born September 3, 2000. 2. A Conciliation Conference was held on July 15, 200.4, with the following individuals . in attendance: The father, Leander J. JorOan, with his counsel., Dirk Berry, Esquire and the mother, Jami K. Smith, with her counsel, Gerald Robinson, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE