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HomeMy WebLinkAbout04-5241JEREMY R. GARDNER, Plaintiff JENNIFER M. SHOLLY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. C)l'q- g2qt to~ : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jeremy R. Gardner, residing at 160 Dark Hollow Road, Duncannon, Perry County, Pennsylvarfia, Pennsylvania 17020. 2. The Defendant is Jennifer M. Sholly, who resides at 98 Herman Avenue, Apartment E, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Hannah Marie Gardner 98 Herman Avenue, Apt. E 10/30/03 Lemoyne, PA 17043 The child was bom out of wedlock. The child is presently in the custody of Jennifer M. Sholly, who resides at 98 Herman Avenue, Apt. E, Lemoyne, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME Jeremy Gardner & Jennifer Sholly RESIDENCE RR #2, Box 963 Landisburg, PA 17040 DATE Date of Birth- 3/04 Jeremy Gardner & Jennifer Sholly 98 Herman Avenue, Apt. E Lemoyne, PA 17043 3/04-10/3/04 Jennifer Sholly 98 Herman Avenue, Apt. E Lemoyne, PA 17043 10/3/04-present The mother of the child is Jennifer M. Sholly, currently residing at 98 Herman Avenue, Apt. E, Lemoyne, Cumberland County, Pennsylvania, 17043. She is single. The father of the child is Jeremy R. Gardner, currently residing at 160 Dark Hollow Road, Duncanon, Perry County, Pennsylvania, 17020. He is single. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME Randy Gardner Johnna Shibley RELATIONSHIP Father Father's paramour currently resides with the following person: NAME Hannah Marie Gardner The relationship of Defendant to the child is that of mother. RELATIONSHIP Daughter The Defendant 6. Plaintiffhas not participated as a party or w/mess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffdoes not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. 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 parties to this action. WHEREFORE, the Plaintiff, Jeremy P~ Gardner, requests the court to grant him custody of the minor child, Hannah Marie Gardner, to him. Date: JAMES, SMITH, DIETTERICK & CONNELLY LLP BY: ~(~e,L, y · ' ^ omey Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 VERIFICATION I verify that the statements made in this Pleading 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 unswom falsification to authorities. Date: JEREMY R. GARDNER : PLAINTIFF : : V. JENNIFER M. SHOLLY : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5241 CIVIL ACTION LAW CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, November 23, 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 beard by the court, and to enter into a temporary order. All children age five or older ma,/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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~riur to scheduled hearing. FORTHECOURT. By: /s/ Melt'ssa P. Greevl; 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 1701:3 Telephone (717) 249-3166 JEREMY R. GARDNER, Plaintiff JENNIFER M. SHOLLY, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-5241 : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE Courtney L. Kishel, Esquire, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the above-captioned action; that on November 4, 2004, she mailed a true and correct copy of the Complaint for Custody to the Defendant, at the Defendant's last known address, by certified mail, postage prepaid, remm receipt requested and evidenced by remm receipt card No. 7003-2260-0005-6552-8803; that on November 5, 2004, the Complaint was received at the Defendant's last known address as evidenced by attached Acceptance of Service form, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are tree and correct to the best of her information and belief. Date: ey L Kis ~l' Es~tuire ~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 Sworn to and subscribed before me this day of ,2004. Notary Public My Commission Expires: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _~ I J 2. ~ticle PS Form 381 1, August 2001 [] Agent X 0 Addressee YES, enter deliver, 1'9 No 3~ _ciCe Type ertified Mail ,~E~E. xpress Mail [] Registered ~Return Receipt for Merchandise [] Insured Mail · L3 C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 2260 0005 6552 8803 Domestic Return Receipt 102595-02-M- 1035 OFFIC AL USE I JEREMY R. GARDNER, Plaintiff, JENNIFER M. SHOLLY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5241 CIVIL ACTION - LAW IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes the above-named Defendant, by and through her attorney, Jay R. Braderman, Esquire, and answers Plaintiff's Complaint for Custody as follows: 1.-6. Admitted. 7. Denied. The best interest and permanent welfare of the minor child will be served by Defendant Mother remaining as the primary custodial parent. 8. Admitted. WHEREFORE, the Defendant, Jennifer M. Sholly, respectfully requests the Court to deny the request of the Plaintiff and to grant primary physical custody of the minor child to the Defendant. Respectfully submitted, quire ! A~ 2 I.B(No.: 07047 ~'~/[A~ :ust Street ~.O. Box 11489 //Harrisburg, PA 17108-1489 ~ (717) 232-6600 Attorney for Defendant VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Answer to Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18Pa. C.S. § 4904 relating to unsworn falsification to authorities. CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Answer to Complaint for Custody on the following individual by First Class U.S. Mail addressed as follows: Date: Courtney L. Kishel, Esquire James, Smith, Dietterick & Connelly LLP Post Office Box 650 Hershey, PA 17033 (Attorney for Plaintiff) ~ 1~6 lSocu~tStreet F. O. BoX 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JEREMY R. GARDNER, Plaintiff V, JENNIFER M. SHOLLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5241 CIVIL TERM 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 Hannah Marie Gardner DATE OF BIRTH October 30, 2003 CURRENTLY IN THE CUSTODY OF Mother 2. The parties' first Custody Conciliation Conference was held on November 23, 2004 with the following individuals in attendance: the Father, Jeremy R. Gardner, and his counsel, Courtney Kishel, Esquire; the Mother, Jennifer M. Sholly, and her counsel, Jay R. Braderman, Esquire. The Conference was convened following Father's October 19, 2004 filing of a Complaint for Custody. Date The parties reached an agreement in the form of an Order as attached. V I~le~i~,~a Peel Greevy, Esquire Custody Conciliator :239954 NOV 2 ~ 2004 JEREMY R. GARDNER, Plaintiff V, JENNIFER M. SHOLLY, Defendant IN THE C()URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5241 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~.~ ~L day of Nevember, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jeremy R. Gardner and Jennifer M. Sholly, shall have share legal custody of the minor child, Hannah Marie Gardner, born October 30, 2003. 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 her 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 of 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. 2. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing December 4, 2004, on alternating weekends from Saturday at Noon until Monday at 7:00 p.m. B. Commencing on December 9, 2004 and continuing on alternating Thursdays following Father's custodial weekend, from Noon until 7:00 p.m. C. Commencing on December 14, 2004 and continuing on alternating Tuesdays prior to Father's custodial weekend, from Noon until 7:00 p.m. D. At such other times as the parties may .agree. NO. 04-5241 CIVIL TERM 3. Holidays. The following holiday schedule shall supersede the regular schedule: A. Thanksgiving 2004. Father will have custody from November 26, 2004 at Noon through November 28, 2004 at 7:00 p.m. The custodial exchange for this holiday observance shall be facilitated by the Paternal Grandfather who will pickup the child at Mother's home while Father remains in the vehicle. B. Subsequent Thanksgiving Holidays. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from Thanksgiving Day at Noon until the Friday after Thanksgiving at Noon. Segment B shall be from Friday after Thanksgiving at Noon until Saturday after Thanksgiving at Noon. Beginning in 2005 and subsequent odd- numbered years, Father shall have Segment A and Mother shall have Segment B. Commencing in 2006 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Christmas. Christmas shall be divided into two segments, Segment A and S.ethgment B. Segment A shall be from December 24th at Noon until December 25t at Noon. Segment B shall be from December 25th at Noon until December 26th at Noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. D. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. Unless otherwise agreed, the custodial period for these holiday shall be from Noon until 7:00 p.m. E. Easter, Memorial Day, Independence IDay and Labor Day. In odd-numbered years, Father shall have Easter and Independence Day and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Easter and Independence Day and Father shall have Memorial Day and Labor Day. The custodial period for these holidays shall be from Noon until 7:00 p.m. unless the holiday falls adjacent to that parent's custodial weekend. In the event that the holiday is adjacent to that parent's custodial weekend, the custodial weekend shall include the holiday observance. NO. 04-5241 CIVIL TERM 4. Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Transportation. Effective December 4, 2004, '/he parent relinquishing custody on Father's custodial weekend shall provide transportation incident to the custodial exchange. For Tuesday and Thursday visits, Father will provide all transportation incident to these exchanges, unless otherwise agreed. The parties understand that Mother's participation in these exchanges may be in part dependent upon her work schedule. Transportation for holidays shall be shared by the parties by their mutual agreement. 6. In the event either party is unavailable to provide care for the child during his or her period of custody for eight (8) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 7. The parties shall ensure the child is not expose to second hand smoke during any period of custody. Dist: BY THE COURT: v,C/o, urtney Kishel, Esquire, PO Box 650, Hershey, PA 17033 a~y R. Braderman, Esquire, P.O. Box 11489, Harrisburg, PA 17108-1489