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Home My WebLink About04-2587CHRISTOPHER B. JONES, vs. ANDREA L. MILLS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 0 4 -w2 W `I u'l ? Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND SHARED LEGAL CUSTODY AND NOW, comes the Plaintiff, CHRISTOPHER B. JONES, by and through his attorney, Timothy J. Colgan, Esquire, of the law firm of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is CHRISTOPHER B. JONES, who currently resides at 1640 Holtz Road, Enola, Cumberland County, Pennsylvania 17025, since September 30, 2003. 2. The Defendant is ANDREA L. MILLS, who currently resides at 1640 Holtz Road, Enola, Cumberland County, Pennsylvania 17025. 3. The above parties are the natural parents of one minor child: Rhiannon Audrey Jones, born on November 19, 2003. The child was born out of wedlock. 4. The child is currently in the care and custody of father and mother, who reside at 1640 Holtz Road, Enola, Cumberland County, Pennsylvania 17025. 5. Since birth, the child has resided with the following persons and at the following addresses: a. Christopher B. Jones and Andrea L. Mills, 1640 Holtz Road, Enola, Pennsylvania, from November 19, 2003 until present. 6. The mother of the child is Andrea L. Mills, whose current address is 1640 Holtz Road, Enola, Pennsylvania. 7. The father of the child is Christopher B. Jones, who is currently residing at 1640 Holtz Road, Enola, Pennsylvania. 8. The relationship of Plaintiff to the child is that of father. The father currently resides with the minor child. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or in other courts. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and shared legal custody because Plaintiff is presently better situated to be the primary caregiver for the minor child. The Defendant is active duty military and works long hours. Additionally, she is subject to deployment to Iraq. 12. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court enter an Order granting the relief requested. Respectfully submitted, Date: ^?l By: Timothy J. aire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D.#77944 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Dated: 6//o y CHRIST PHER B. ZNES (J ?o. C CHRISTOPHER B. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2587 CIVIL ACTION LAW ANDREA L. MILLS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday June 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Flubert X. Gilroy, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Friday, July 16, 2004 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. 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 svr? d v?n?°NA 99:1 'd ti Nnr fool A?Oalob ?3???-C1y7i? ?0 CHRISTOPHER B. JONES, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DOCKET NO. U?- 5 F rJ ANDREA L. MILLS, Defendant CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Custody upon the Defendant, at the Defendant's last known address as follows: Andrea L. Mills, 1640 Holtz Road, Enola, PA 17025, by certified mail, restricted delivery, return receipt requested on June 17, 2004, and the same was received by her on June 24, 2004. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: July 6, 2004 WILIEY, LENOX, COLGAN & MARZZACCO, P.C. BY: herfe A. Minich COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK : SS On this, the 6th day of July, 2004, before me, a notary public, personally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY PU C My Commission Expires: Notarial Seal 3 D I ?rpplaWelter, NOWY Pudk My Commiaeie So • ?? Aires Afty I ,, 2005 Member PenWVWM Au9SnanotNOtsrles U.S. Post al Ser vice,,., CERTIF IED MAIL R ECEIPT ,,, (Domestic M ail Only, No Insuran ce Covera e Provide g m Postage $ M C3 Certified Fee h C3 OC / ?/ ? 2 V p Return Reciept Fee (Endorsement Requlretl) ®J. _ C3 Reshicled Delivery Fee `9 117 (Entloreement Required) 3 , _ m N Q? N 17 2004 m Total Postage & Fees $ 8.! ru G C3 Sent To r- 3`iieet, ilpt- o., - - -P £j---- --------------- orPOaoxNo. „_!?/. vv h6)h 16k, EXHIBIT "A" ?; ?, ?? ? ? ?-? .?: ? T ?'? C ? ? C"7 W ;7G7 ?:.: ?' 11.a ?" n C L f -C - -( j_ C. JUL 2 8 2004 CHRISTOPHER B. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ANDREA L. MILLS, : NO. 2004 - 2587 Defendant : IN CUSTODY COURT ORDER AND NOW, this A day of _I U II , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor child to a custody evaluation to be performed by an evaluator selected by legal counsel for the parties. This shall be an independent evaluation with the evaluator authorized to share all information received in the evaluation with legal counsel for the parties. Cost of the evaluation shall be shared equally between the parties. 2. Pending a conclusion of the evaluation and further order of this Court, the following temporary custody order is entered: a. The father, Christopher B. Jones, and the mother, Andrea L. Mills, shall enjoy shared legal and shared physical custody of Rhiannon Audrey Jones born November 19, 2003. b. Physical custody shall be handled with the parties sharing custody on a week-on/week-off basis. Exchange of custody shall be on Friday evening unless agreed otherwise by the parties. Upon conclusion of the evaluation and in the event the parties have not reached an agreement at that point, legal counsel for the parties may contact the Custody Conciliator directly to schedule another Custody Conciliation conference, which may be a telephone conference. BY THE COURT, dge cc: Timothy J. Colgan, Esquire Michael J. Hanft, Esquire -j 3U-pGP?? U a- UJCD r r ° r% LLI J 'C <._. 5 Qf l5 hJ CHRISTOPHER B. JONES, Plaintiff v ANDREA L. MILLS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004 - 2587 : IN CUSTODY CONCILIATION CONFERENCE SUA04ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Rhiannon Audrey Jones, born November 19, 2003. 2. A Conciliation Conference was held on July 22, 2004, with the following individuals in attendance: The father, Christopher B. Jones, with his counsel, Timothy J. Colgan, and the mother, Andrea L. Mills, with her counsel, Michaell J. Hanft. 3. The parties agree to the entry of an order in the form as attached. OJ DATE Hubert X. Gilroy, Esquire Custody Conciliator CHRISTOPHER B. JONES, Plaintiff VS. ANDREA L. MILLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2004-2587 CIVIL ACTION - LAW IN CUSTODY MOTION TO TRANSFER CUSTODY ACTION AND NOW, comes the Plaintiff, CHRISTOPHER B. JONES, by and through his attorney, Angelica L. Revelant, Esquire, of the law firm of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and files the instant Motion to Transfer Custody Action, and in support thereof, avers as follows: 1. The Plaintiff is CHRISTOPHER B. JONES, who currently resides at P.O. Box 318,6576 1h Street, Colver, Cambria County, Pennsylvania 15927. 2. The Defendant is ANDREA L. MILLS, who currently resides at P.O. Box 318, 6576 th Street, Colver, Cambria County, Pennsylvania 15927. 3. The above parties are the natural parents of two minor children: Rhiannon Audrey Jones, born on November 19, 2003, and Christopher Benjamin Jones, born February 1, 2007. Rhiannon was born out of wedlock. Christopher was not born out of wedlock. 4. The children are currently in the care and custody of father and mother, who reside at P.O. Box 318, 657 6th Street, Colver, Cambria County, Pennsylvania 15927. 5. The children have resided at P.O. Box 318, 657 6th Street, Colver, Cambria County, Pennsylvania 15927 with mother and father since May 2005. 6. During the parties' separation, a custody action was initiated in Cumberland County. 7. By Order dated July 29, 2004, the parties share legal and physical custody of the minor child Rhiannon Audrey Jones, the only child subject to the Order. A copy of said Order is attached hereto, incorporated herein, and marked as Exhibit "A." 8. Subsequent to the entry of said Order, the parties reconciled in late 2004 and have resided together with the subject child since May 2005 in Cambria County. 9. This Court lacks jurisdiction with regard to this matter as neither the Plaintiff or Defendant, nor the children, reside in Cumberland County. 10. Cambria County is the proper county to hear a custody action as neither the Plaintiff or Defendant, nor the children, presently reside in Cumberland County and they have so resided in Cambria County since May 2005. Pa.R.C:P. 1915.2; 23 Pa.C.S. 5433(a). 11. Subsequent to the parties' reconciliation, they had another child together, Christopher Benjamin Jones, born February 1, 2007, who has never resided in Cumberland County and is not a subject of This Court's July 29, 2004. 12. Should a custody action be initiated with regard to Christopher Benjamin Jones, the proper forum to hear that matter is Cambria County, as Cambria County is the home county of the child and the child has so resided in Cambria County since birth. 13. For sake of judicial economy and to have consolidated custody matters for the subject children of these parties, the more appropriate forum for a custody action is Cambria County. 14. Though The Honorable J. Wesley Oler signed the Order dated July 29, 2004, the parties reached a temporary agreement at conciliation for shared custody and as such, no evidence has been presented to the Court with regard to these parties. 15. It is in the best interest of the children that Cambria County decide any custody matters relating to these children as Cambria County is the home county of the children, they have resided in Cambria County since May 2005, the children, Father and Mother have a significant connection with Cambria County and substantial evidence concerning the children's present and future care, protection, training and personal relationships is available in Cambria County. Pa.R.C.P. 1915.2. 16. "A Court of this Commonwealth ... may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another county is a more appropriate forum." 23 Pa.C.S.A. § 5427(a). 17. Cumberland County is an inconvenient forum as all parties presently reside in Cambria County and have so resided since May 2005. 18. As stated above, The Honorable J. Wesley Oler executed the Order dated July 29, 2004, per the temporary agreement of the parties. 19. It is believed and therefore averred that Defendant does not concur with this motion. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following relief: A. Grant the Plaintiff's Motion to Transfer and Order the Prothonotary to transfer the custody action to Cambria County per Pennsylvania Rule of Civil Procedure 1915.2(d); and B. Any other relief the court may deem appropriate. Respectfully submitted, Date: 7 rJ By: Angelic . Revelant, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #202759 06/2912007 09:25 814-472-1876 CHRISTOPHER B. JONES, Plaintiff v ANDREA L. WLLS, Defendant DCNR PAGE 02 JUL 2 8 2004 ' IN THE COURT OF COMMON PLEA.S'OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 2004 - 2587 IN CUSTODY COURT ORDER AND NOW, this day of 0/?J_ , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor child to a custody evaluation to be performed by an evaluator selected by legal counsel for the parties. This shall be an independent evaluation with the evaluator authorized to share all information received in the evaluation with legal counsel for the parties. Cost of the evaluation shall be shared equally between the parties. 2. Pending a conclusion of the evaluation and further order of this Court, the following temporary custody order is entered: a. The father, Christopher B. Jones, and the mother, Andrea L. Mills, shall eWoy shared legal and shared physical custody of Rhiannon Audrey Jones born November 19, 2003. b. Physical custody shall be handled with the parties sharing custody on a week-on/week-off basis. Exchange of custody shall be on Friday evening unless agreed otherwise by the parties. Upon conclusion of the evaluation and in the event the parties have not reached an agreement at that point, legal counsel for the parties way contact the Custody Conciliator directly to schedule another Custody Conciliation conference, which may be a telephone conference. TRUE (XPY FROM RECORD Test0my whem*f, f tH" unto set t?uY hWd $"I ot at Carfisle BY THE COURT, "' Judge cc: 'Tww-O&y J. Colgan; Esquire Michael J. Hanft, Esquire • . 06/29!2007 09:25 814-472-1876 DCNR PAGE 03 CHRISTOPHER B. JONES, Plaintiff v ANDREA L. MILLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIC, ACTION - LAW NO. 2004 - 2587 IN CUSTODY CONCILIATION CONFERENCE SIMARY REPORT IN ACCORDANCE WITH THE C[JIV OMMA?ND COUN'T'Y CIVII, RULE OF 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: Rhiawaon Audrey Jones, born November 19, 2003. 2. A Conciliation Conference was held on July 22, 2004, with the following individuals in attendance: The father, Christopher B. Jones, with his counsel, Timothy J. Colgan, and the another, Andrea L. Mills, with her counsel, Michael J. Hauft. 3. The parties agree to the entry of an order in the form as attached. U DATE Hubert X. Gilroy, Esquire Custody Conciliator r CHRISTOPHER B. JONES, Plaintiff vs. ANDREA L. MILLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2004-2587 CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated:La 9 a CHRIST HER B. JOKES W CHRISTOPHER B. JONES, Plaintiff VS. ANDREA L. MILLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2004-2587 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Angel Revelant, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Andrea L. Mills P.O. Box 318 657 6`" Street Colver, PA 15927 WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: 7 ,?- D-7 By: Angeli a". Revelant, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 (717) 432-0426 fax I.D. #202759 ` ? p ?? - C ? n ?? r? --? - Z ' r? ??4 -: y t ? ? c.? .? . , 6 !' ??y ? s _ w ` 4r•?? iA- { .t- .-C CHRISTOPHER B. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDREA L. MILLS, Defendant NO. 04-2587 CIVIL TERM ORDER OF COURT AND NOW, this I Ph day of July, 2007, upon consideration of Plaintiff's Motion To Transfer Custody Action, and there being no motion or petition currently pending in this court, the motion is denied. J. Angelica L. Revelant, Esq. 130 West Church Street Dillsburg, PA 17019 Attorney for Plaintiff Andrea L. Mills P.O. Box 318 656 Sixth Street Colver, PA 15927 Defendant, pro Se a, t-q - n ? 130 :rc BY THE COURT, Al 1 C", I I, I :Z 1n'd 2 1 7,r LOOT ?,Hi JO