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HomeMy WebLinkAbout10-0945 PANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com ---------------------------------------------- DEREK JUMPER, Plaintiff vs. CORI A. GARDNER, Defendant IN CUSTODY CUSTODY COMPLAINT Civil Term 1. Plaintiff is Derek Jumper, who resides at 300 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Cori A. Gardner, who currently lives at 52 Shelbark Court, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Conner Jumper 6/20/08 (1) 52 Shelbark Court Carlisle, Pa. 17013 Mother and Father were never married. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Cori A. Gardner ADDRESSES 52 Shelbark Court Carlisle, Pa. 17013 DATES birth - present 179.00 fd -4 1010 FEB -4 AM 9: 32 WAL.? !u CGaJN1Y PEhM `??l.UANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?0 ?'yS ?3 7?0? The mother of the child is Cori A. Gardner. She currently resides at 52 Shelbark Court, Carlisle, Pennsylvania. She is not married. The father of the child is Derek Jumper. He currently resides at 300 Hogestown Road, Mechanicsburg, Pennsylvania, 17050. He is not married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently with his mother, Sheri Eslinger. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with her parents, Anna and Lynn Horst. 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 children will be served by granting the relief requested because: The parties separated in 2008. For a time, Mother was permitting Father to see the child, and the parties were able to agree informally on custody arrangements. Recently Mother unreasonably indicated that she would not allow Father to see the child anymore. Father is unemployed and has ample time during which he could be spending time with the child. Mother will not allow Father to watch the child while she works and the child is spending time with third-party child care providers instead of him. Father is requesting a court Order which provides for shared legal custody and provides him with liberal periods of shared custody, including times when Mother is working. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the Date: Respectfully submitted, Ja a Adams,- B I No.79465 7 W. South St. re Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF . q6 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: //3d/( U Derek Jumper, Plaintiff DEREK JUMPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-945 CIVIL ACTION LAW CORI A. GARDNER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 08, 2010 _ 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, March 16, 2010 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/ Jacqueline M. Verney , 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 SHOUI.,D 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 OF THE PW - CINOTARY 2010 FEB -8 PM 3: 09 CUUE .-. L ;LINTY Pil-nNNSYLVAd IM 3 MAR 16 z0iu DEREK JUMPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-945 CIVIL ACTION - LAW CORI A. GARDNER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of rA0 , 2010, upon-,: consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Derek Jumper and the Mother, Cori A. Gardner, shall have shared legal custody of Conner Jumper, born June 20, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Every Wednesday from 2:30 p.m. to 5:30 p.m. B. Beginning Saturday, March 27, 2010, alternating weekends, Saturday from 10:00 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 6:00 p.m. C. Beginning Saturday, May 22, 2010 alternating weekends, Saturday from 10:00 a.m. to Sunday at 6:00 p.m. 4. Easter shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 5. Mother shall have physical custody of the child for Mother's Day and Father shall have physical custody of the child for Father's Day. 6. Each party shall have a block of time with the child on the child's birthday. 7. The parties shall cooperate with co-parenting counseling and share equally the co-pay charges. 8. Transportation shall be shared such that Mother shall be responsible for all transportation of Wednesdays and Father shall be responsible for all transportation on the weekends. 9. 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 Conference is scheduled for June 10, 2010 at 8:30 a.m. BY J. c ,/c: the Adams, Esquire, Counsel for Father ./Hannah Herman-Snyder, Esquire, Counsel for Mother GPI " i7Lal LCCL 3?l41lt? DEREK JUMPER, Plaintiff V. CORI A. GARDNER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-945 CIVIL ACTION - LAW : IN CUSTODY 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Conner Jumper June 20, 2008 Mother 2. A Conciliation Conference was held in this matter on March 16, 2010, with the following in attendance: The Father, Derek Jumper, with his counsel, Jane Adams, Esquire, and the Mother, Cori A. Gardner, with her counsel, Hannah Herman- Snyder, Esquire. 3. The parties agreed to an Order in the form as attached. Date: ia eline M?Ve ?yE , qu ire Custody Conciliator 3 AUG 1 8 [U1U DEREK JUMPER, Plaintiff V. CORI A. GARDNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-945 : IN CUSTODY CIVIL ACTION - LAW ;O ORDER OF COURT ?__ I' t 0 a :Q G? AND NOW, this -l day of , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 18, 2010 and June 11, 2010 are hereby vacated D 2. The Father, Derek Jumper and the Mother, Cori A. Gardner, shall have shared legal custody of Conner Jumper, born June 20, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Every Wednesday from 5:15 p.m. to 8:15 p.m. The relinquishing party shall transport. B. Father shall have physical custody of the child on alternating weekends from Saturday at 10:00 a.m. to Sunday at 8:00 p.m. Once Father attends two more co- parenting counseling appointments, he shall have physical custody from Friday at 6:00 p.m. to Sunday at 8:00 p.m. The receiving party shall transport. 5. Father shall be responsible for scheduling co-parenting counseling. Mother shall make herself available for appointments. Father shall continue with co- parenting counseling if necessary. The parties shall share the cost of counseling. As soon as Father has completed three co-parenting sessions, he shall be entitled to a long weekend, from Friday at 10:00 a.m. to Monday at 6:00 p.m., provided he give Mother 2 weeks prior notice. 6. Holidays/vacation: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day. Block B shall be from Christmas Day at 2:00 p.m. to 2:00 p.m. on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared such that Mother shall always have physical custody from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody from 3:00 P.M. to 9:00 P.M. D. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day. birthday. E. Each party shall have a block of time with the child on the child's F. Trick or Treat. If Trick or Treat night is on the same day where the parents live, they shall alternate physical custody. If it is on different nights, then each parent shall have three hours of physical custody on the night that their locality observes Trick of Treat night. G. Beginning 2011, each party shall be entitled to one full week of vacation, to coincide with their weekend of physical custody, provided they give the other party 30 days notice. 7. Neither Father's girlfriend nor Maternal grandmother's boyfriend shall have unsupervised contact with the child. 8. 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 T , J. cc" e Adams, Esquire, Counsel for Father Hannah Herman-Snyder, Esquire, Counsel for Mother a f, t sc.S rn..?. l DEREK JUMPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-945 CIVIL ACTION - LAW CORI A. GARDNER, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Conner Jumper June 20, 2008 Mother 2. A Conciliation Conference was held in this matter on August 16, 2010, with the following in attendance: The Father, Derek Jumper, with his counsel, Jane Adams, Esquire, and the Mother, Cori A. Gardner, with her counsel, Hannah Herman- Snyder, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated March 18, 2010 and June 11, 2010 providing for shared legal custody, Mother having primary physical custody and Father having a phased in period of partial physical custody on alternating weekends, Saturday to Sunday and co-parenting counseling. 4. The parties agreed to an Order in the form as attached. Date: acq line M. Verney, Esquire Custody Conciliator