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HomeMy WebLinkAbout04-5482DAVID B. JACOBY, Plaintiff Vo JENNIFER A. LARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL ACTION- LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is David B. Jacoby, an individual currently residing at 24 Andersontown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jennifer A. Larson, an individual currently residing at 22 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Austin Jaden Larson, who was bom on February 25, 2004. The child was bom out of wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Plaintiff and Defendant at Plaintiff's house until July, 2004. Since July, 2004, the child has resided at Plaintiff's house and Defendant's house,. 5. The relationship of the Plaintiffto the child is that of father. He is single and living separately. The Plaintiff currently resides with the following: Name Relationship Katrina Jacoby Mother Craig Jacoby Father 6. The relationship of the Defendant to the child is that of mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Steve Larson Father 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 8. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 9. The best interest and permanem welfare of the child will be served by granting custody to Plaintiff because: Plaintiff is best able to provide a stable and nurturing environment for his son. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffrequests your Honorable Court to set a time and place for a hearing at which Plaintiffrequests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Will s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Date: October 29, 2004 VERIYlCATION The foregoing Custody Complaint is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. David B. Jaco~/ DAVID B. JACOB¥ : PLAINTIFF : V. ._ JENNIFER A. LARSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5482 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 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, December 02, 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. Ali children a~e five or older may also be l~resent at the conference. Failure to apl~ear 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)rior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilto?, Esq. rnhc 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 DEO ij 8 DAVID B. JACOBY, Plaintiff V JENNIFER A. LARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04- ~'/g~k IN CUSTODY COURT ORDER AND NOW, this I{}4'-` day of December, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. Father, David B. Jacoby, and the Mother, Jennifer .4,. Larson, shall enjoy shared legal and shared physical custody of Austin Jaden Larson born February 25,2004. e Physical custody shall be handled such that there iis 50/50 shared physical custody arrangement. The parties shall work on a schedule between themselves to implement this shared physical custody arrangement with the primary intent to allow for each parent to have custody of the minor child when that parent is available and not in school or at work. The parties shall implement a schedule. Absent an agreement of the parties, the schedule shall be a simple week on/week off process with the parties exchanging custody on Friday evening at 5 p.m. e This Order is entered without prejudice to either paJ:ty to assert at a later hearing a contrary position with respect to the issue of primary custody. Legal Counsel for either party may contact the Conciliator directly to :schedule another Conciliation Conference, which may be by telephone, in the event there are any circumstances that the parties feel another Conciliatio Confggga~ensn~cessary. Judge cc.~seph D Caraciolo,Esquiretrare. ~Thomas J. Williams, Esi ' DAVID B. JACOBY, Plaintiff JENNIFER A. LARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04- ~,¢{6~;)_ IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: The minor child is Austin Jaden Larson, born February 25, 2004. 2. A Conciliation Conference was held on December 2, 2004, with the following individuals in attendance: e The father, David B. Jacoby, with his attorney, Thomas Williams, and the mother, Jennifer A. Larson, with her attorney, Joseph D. Caraciolo. The parties agree to the entry of an order in the form as attached. DATE cHuUsbt~yX~ oGn~It o r~S quire