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HomeMy WebLinkAbout06-3378 .. MARK L. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- LAW : (1,.357& : NO.: CML TERM : IN CUSTODY LORENE C. JONES, Defendant COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, Mark L. Jones, by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The Plaintiff is Mark L. Jones, residing at 33 Maple Avenue, Walnut Bottom, Cumberland County, Pennsylvania. 2. The Defendant is Lorene C. Jones, residing at 33 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks Partial Custody of the following child: Ashleigh L. Jones, born April 26, 1993. The child was not born out of wedlock. The child is presently in the custody of Mother, Plaintiff, who resides at 33 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania During the past five years and since birth, the child has resided with the following persons and at the following addresses: With mother and her brother, Logan, at 382 Springfield Road, North Newton Township, Shippensburg, PA from February, 1988, until they moved to 1 Mill Street, Newville, Pennsylvania. In February 2006, Mother told her son, (Ashleigh's brother) Logan Jones, that he would have to go live with his Father, Plaintiff or with someone else; he was not welcome to stay with Mother and Ashleigh. Logan moved into his father's house where he has resided ever since. Mother moved to 33 Fish Hatchery Road in March, 2006, with Ashleigh. - Mother had advised her that they were moving to Texas around June 20, 2006; that the truck for moving was scheduled and that Mother had put in her two week notice of quitting her job. Father believes and therefore avers that Mother intends to move to New Brunsfield, Texas near Ft. Worth, to live with her brother and her Mother who moved there in May, 2006. 8. Father believes that if Mother is not required to enter into an agreement or order providing for Swnmer visitation with Ashleigh that he will not be allowed to see Ashleigh once she is in Texas and that Ashleigh will lose contact with her brother, Logan, who intends to stay with their Father, the Plaintiff The m~ority of Ashleigh's family and all of her friends reside in the Newville and Walnut Bottom area Ashleigh has been involved in 4-H in Cumberland County and has been helping at Winsome Fann, a horse boarding and riding facility where her work is a credit toward riding time. She would be unable to continue these activities in Texas. 9. Mother moved from the residence at 382 Springfield Road, Newville, which is a tenant house on her family's fann when she became angry with her Father after her Mother filed for divorce. Since Mother moved off the fann she has discouraged Ashleigh from having contact with her family and has attempted to destroy the close relationship which has existed between Ashleigh and her grandfather. Mother has historically and systematically attempted to alienate the affections of her children. If Mother is permitted to leave the jurisdiction of this Court, Father believes and therefore avers that Mother will discourage all contact between Ashleigh and himself and refuse to cooperate in her returning to Pennsylvania to visit her Father, brother, grandparents, aunts, uncles, and cousins all residing within the greater Newville area. 10. Father requests that the Court enter an order for Ashleigh Jones to be returned to Pennsylvania by her Mother July 22, 2006 through August 15, 2006. Cost of airfare transportation shall be borne by Mother as it is by her design that Ashleigh is leaving the jurisdiction with such short notice to Father. In succeeding years Ashleigh shall be in the custody of her Father from one week after the school year ends to one week before the school year begins and for the entire Christmas vacation time as set forth on the school calendar. Transportation for such periods of partial custody shall be shared equally by Mother and Father and Mother shall pay one-half of the roundtrip airfare to Father 30 days in advance of the ticket purchase. Failure to remit the funds shall be a contempt of court and shall result in a credit against any child support obligation of Father for Ashleigh in an amount equal to the full roundtrip airfare a receipt for which shall be submitted to Domestic Relations and a credit immediately given. Further, it is requested that the Court enter an Order requiring Mother and Ashleigh to remain in the jurisdiction of this Court and not leave Cumberland County until a hearing on this matter be held or an Order of Court entered reflecting this request or an executed consent Order entered resolving this matter. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant Custody of the child to, mother Lorene C. Jones subject to reasonable rights of visitation and partial custody in the father, Mark L. Jones for the Summer school vacation and for the school Christmas break. Respectfully submitted, Sally J. inder, Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, P A 17257 (717) 532-9476 . VERIFICATION 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. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ Date: 6 -I :< - 0 b - 0 ,...., 0 = -r'~~ '::...:.:.:) 11 '::....--- ,-.-- ~i1 ~ c= ~ nl r-- , ~ =-~-~;-3 ~ )J ':J ..... , ~ ~ ~ - -n .. ) ~ -'." ~ '. \ \ r,,) ',,,) -. '\ ::;::1 ....J ....... 0 :6 ....... ~ c::' -< ~ " " ~ '" ~ " ~ . J.. -. MARK L. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CML ACTION- LAW LORENE C. JONES, Defendant : NO.: CML TERM : IN CUSTODY PETITION FOR EQUITABLE RELIEF Comes now the Plaintiff, Mark L. Jones, by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. Plaintiff Father has filed a Complaint in Custody as attached. 2. As set forth in the Complaint, Father has learned that Mother intends to take the child, Ashleigh L. Jones and leave the jurisdiction of this court moving to Texas approximately June 20, 2006. 3. Father believes that Mother's failure to inform the child until recently and her failure to discuss the move with Father indicates Mother's intent to avoid the jurisdiction of the Court and effectively terminate the relationship between Father and daughter, Ashleigh L. Jones. 4. Father does not have an address for Mother in Texas and would have no method of pursuing his rights of partial custody if Mother is permitted to leave the jurisdiction of the Court at this time. 5. Father is requesting an ex parte order in the form attached to preserve the status quo which will otherwise be immediately terminated with no recourse before this Court. " ... - - WHEREFORE, Plaintiff requests this Honorable Court enter an order requiring Ashleigh L. Jones stay in Cumberland County and within the jurisdiction of this Court until further order of Court and that a hearing be scheduled concerning the partial custody of Father for Summer 2006, forthwith. Respectfully submitted, ~~f!L~ Attorney for Plaintiff Mark L. Jones 9974 Molly Pitcher Highway Shippensburg, P A 17257 () r-..::l C-. C:::.::l C:',:.:J ~ (;~ , ~ ~ .- "- ~ ~ -T) -.....J ~ \ -~ '. ~ , N ~ . <.::) \.J ~ 1') ...,ttE. o -n --l :r:~ I'll _'-2 .- _ f:l:\ , ;._~,) _.~ -1 /c";, , '\ 1'1"1 ~ .< Lln .... Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JUN 1 4 2IllI6r MARK L. JONES, VS. : CIVIL ACTION- LAW : 'AI '2'?7 g : NO.:"'='- ~.:> CIVIL TERM : IN CUSTODY LORENE C. JONES, Defendant ORDER OF COURT AND NOW, this JI{ff..- day of June, 2006, upon consideration of the within Petition and Motion of Sally J. Winder, Esquire, it is hereby ORDERED AND DIRECTED that the Defendant, Lorene C. Jones, shall not remove Ashleigh L. Jones, born April 26, 1993, from Cumberland County, Pennsylvania, and the jurisdiction of this Court, without further order of this Court. And it is further ORDERED AND DIRECTED that a hearing on the matter of partial custody for the Summer of 2006, shall be held in Court Room No. 5 , Fourth Floor of the Cumberland County Court House, 1 South Hanover Street, Carlisle, Pennsylvania, on -1~ ' the ~dayofJune,2006. ~ o,'.OD A .~. By the Court, ,'t J. ~-I(.j-6fp/ ~W b ~ JliNS \ ~~ :;u!i,,,-,.J. S~ v./,4.r, ~ " fJ Z : I Hd ~ I f~lllr 900l ^l:N10i;O:;~,U.Jd 3Hl :10 jJL~:lO'03llj MARK JONES. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW NO. 06-3378 LORENE JONES. Defendant IN CUSTODY ORDER OF COURT ~T AND NOW, this 1..\ day of 'J01Jt. . 2006, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: ~~uj\ " \. \ J. Cc: Sally J. Winder, Esquire - {!a F' ~ ?fl' ~t:"ua~ 9 1C>c<...-> Attorney for P.laintiff > t..j.J I ~ r Marylou Matas, Esqwre - /' ~ Attorney for Defendant (') C~~ c-' c~ ,= <f' L._ s;~ N ~~ -"*" ~ .-, ::C-n ;11r::: ;,rl_~ " ' \ " .:;-'\"") "-~(~ ?::::,)~.n :::-\ ~ o..D 0> MARK JONES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3378 LORENE JONES. Defendant IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between LORENE JONES (hereinafter referred to as "Mother") and MARK JONES (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following minor child: Ashleigh L. Jones, born April 26, 1993; WHEREAS, the parties live separate and apart, and wish to enter into a temporary stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared legal custody of the child. 2. Mother shall exercise primary physical custody of the child. Mother shall be permitted to relocate outside the jurisdiction of Pennsylvania. If Mother moves with the child, she shall notify Father of her exact address and telephone within 24 hours of her move. 3. Father shall exercise partial physical custody of the child from July 22, 2006 through August 15,2006, 4. The parties shall share equally the cost of transportation for Father's period of summer custody referenced in paragraph 3. . 5. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected, During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 6. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. . IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: /tt(fH -nCdcVJ ~tJJ~ ?>/z//ofo Date ' ft, pi 0 t, Date ~ ~~ Ol\ine Jones PkJ~ Mark Jones MARK L. JONES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3378 CIVIL ACTION LAW LORENE C. JONES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 18, 2006 , the conciliator, at 9:30 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 penn anent 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 hearin2. FOR THE COURT, By: /s/ Hubert X Gilroy, Esq. 44 ~ 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 infon11ation 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 HA VE 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 . ~ ~-.}jt ~ ~ L/.._ - - --z~ _ ' -C/ ~ --lIfT(} 'O-C.'L ~"fp Z ~ ~/;f, ~-(-L ~p Z ~~.p7J 10-,-1.. .J , " ! , - . SHERIFF'S RETURN - REGULAR CASE NO: 2006-03378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES MARK L VS JONES LORENE C - - - ...... ....... RICHARD SMITH Sheriff or Deputy Sheriff of .- - - cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon JONES LORENE C the DEFENDANT , at 1409:00 HOURS, on the 14th day of June 2006 at 5 BROOKWOOD AVENUE CARLISLE, PA 17013 by handing to LORENE JONES a true and attested copy of COMPLAINT - CUSTODY together with PETITION AND COURT ORDER and at the same time directing Her attention to the contents thereof. - - - ...... ....... ,- - Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.40 .39 10.00 .00 32.79~ 06/15/2006 C)-.. 1-f'i'{)& SALLY WINDER ~ .r~~~ R. Thomas Kline Sworn and Subscibed to By: before me this day of A.D. - - - ...-l ..... - MARK L. JONES, Plaintiff V. LORENE C. JONES, Defendant HOV J 8 2008# i : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3378 CIVIL ACTION - LAW : IN CUSTODY ER OF COURT AND NOW, this 28th day 0 November, 2006, having continued this matter for ninety days at the request of the pies, and not hearing from the parties for ninety days to re-schedule the matter, the Conci iator hereby relinquishes jurisdiction in this matter. FOR THE COURT, (l\ ~ e M. V emey, Esquire, Custody Concili or 'VINVAlASNN3d AlNnOa O~.1'".(\~~ro €tt :C Wd g~ ^ON 900Z AB'110NQH100d 3HJ. :iO 3O\;L~