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HomeMy WebLinkAbout05-5837 TARA ERICKSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JARED JONES, Defendant CIVIL ACTION - LAW No. 05 -5r31 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Tara Erickson, residing at 2 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is Jared Jones, residing at 931 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Jaren K. Jones Present Residence DOB 2 Mooreland Ave. 2/11104 Mt. Holly Springs, PA 17065 Age I yr. 8 mos. The child was bom out of wedlock 4. The child is presently in the custody of Tara Erickson, residing at 2 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Tara, Christine & Richard Erickson 2 Mooreland Ave. Mt. Holly Springs, Pa 17065 2004 to Present 5. The mother of the child is Tara Erickson, residing at 2 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 6. She is not married. The father of the child is Jared Jones, residing at 931 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. He is unmarried. 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Christine Erickson Richard Erickson Erick Erickson Jaren Jones Relationship Mother Father Brother Son 8. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Kathy Jones Jason Jones, Sr. Jesse Jones Jordan Jones Relationship Mother Father Brother Brother 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities of the child. Plaintiff is best able to provide care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: 11/S-/oS- . l:!fT:::f;;/;;"ire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 93334 Attomey for Plaintiff TARA ERICKSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JARED JONES, Defendant CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Custody Complaint upon the following by depositing same in the United States mail, postage prepaid, certified, return receipt, restricted delivery, at Carlisle, Pennsylvania, addressed as follows: Jared Jones 931 West Old York Road Carlisle, Pa 17013 Dated: /~~/~ !!!!!tl:'E:IT Attomey for Plaintiff TARA ERICKSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JARED JONES, Defendant CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY VERI FICA nON I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. , -~ -/~- Tara Erickson, Plaintiff ~.~ - ~. --,J ~ ~ ~ '<J '^' ~ " ~ ~ '-:'\ ~ ~ ~ c~ '0 \, \j '), ':i \, i(, '-;' ~ ~~~ ~ .r ~ 0 "" c::;; 0 ~~; C:;.3 ., ,-" :;;c .... f r:;~) :r: fD <11 I -f' ". , . U) ')) C? 1:;J _..~ (-:-) -.., " n - "~ ('S )",. ~:'I \-r', <..) C.) ?~ .n C~) .-<. TARA ERICKSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5837 CIVIL ACTION LAW JARED JONES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , upon consideration of the attached Complaint, il is hcreby directcd thaI parties and their respective counsel appear before Hubert X. Gilroy, Esq. aI~.th Floor, Cumberland County Courthouse, Carlisle on Fridav, December 23, 2005 , the conciliator, at 9:30 AM for a Pre-Hcaring Custody Confcrencc, At such conference, an effort will be made to resolve the issues in dispute; or i I' this cannot be accomplished, to define and narrow the issues to be heard by the eourI, and to enter into a temporal) order. All children age five or older may also bc present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanenI 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. Gilrov, E~-----J.JJ!l Custody Conciliator fl' The Court of Common Pleas of Cumberland County is required by law to comply with the Amcricans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. 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 HA VE AN A TTORNEY 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 Associalion 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . w-I~-;J. >1?-'~~j50(/11 . ff'F ;? ~ ~It; 50. (III O~y j%P $.~~? -pP }'Clti./I ! I :C' PcJ L I I'P\l enr? "- I,J' . .." . ~_,i Ju....o Ay JAN 0 tUUb TARA ERICKSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-5837 CIVIL ACTION - LAW JARED JONES, Defendant IN CUSTODY ORDER OF COURT AND NOW, this "( rL day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tara Erickson, and the Father, Jared Jones, shall enjoy shared legal custody of Jaren K. Jones, born February 11, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy physical custody of the minor chiild as follows: A. Every Thursday from 6:00 p.m. until Friday at 2:00 p.m. B. Every Saturday from 10:00 a.m. until 3:00 p.m. C. At such other times as agreed upon by the parties 4. The Thanksgiving and Christmas holidays shall be divided between two segments, the first segment being 9:00 a.m. until 2:00 p.m. and the se.wnd segment being 2:00 p.m. until 8:00 p.m. The parties shall alternate these segments each year unless agreed otherwise between the parties. 5. The Mother shall always have custody of the child on Mother's Day and the Father shall always have custody of the child on Father's Day. 6. The parties shall alternate other minor holidays pursuant to a schedule worked out between the parties themselves. 7. Neither party shall smoke while they have custody of the minor child nor allow other people to smoke in the child's presence. 8. Neither party shall consume alcohol or be under the influence of alcohol when they have custody of the minor child. n~) S;:S ['J 0 ;,;'J[' yji~;Z '" 9. Neither party shall make negative comments concernin~: the other parent to the child, nor shall any parent allow third persons to disparage or make negative comments concerning the other parent to the child. 10. In the event either parent requires daycare for the child for a period of three (3) hours or more, the custodial parent shall contact the non-custodial parent to afford that parent the right of first refusal to provide the daycare at such time. 11. The non-custodial parent will pick up the minor chHd at the beginning of each exchange of custody. 12. This Order is entered pursuant to an agreement reached by the parties. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. In the event either party desires to modify this Order and cannot reach an agreement with the other party, any party may petition the Court to have this case again scheduled with the Custody Conciliator for a conference. BY THE COURT: fUJ"2(ifl Judge cc: Galen R. Waltz, Esquire Michael O. Palenno, Jr. Esquire <'-<>f<<-:' (1'}VL.<.-t!.u{ /-/0- of... ,;~ TARA ERICKSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 05-5837 CIVIL ACTION - LAW JARED JONES, Defendant 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: After conducting a meeting at the Courthouse with lej!:al counsel for the parties, the Conciliator conducted a telephone conference with thl~ attorneys. Based upon that conference, the Conciliator recommends an Order in the fonn as attached. Date: January ~, 2006 @ f.~; oy,_re Custody Ci ciliator