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HomeMy WebLinkAbout06-5720JESSICA M. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - CIVIL TERM JEREMIAH J. LECRONE, SR., CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2006, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on , the day of , 2006 at m., 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. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation 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 at least 48 hours prior to the scheduled conference. FOR THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 JESSICA M. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 3.20 CIVIL TERM JEREMIAH J. LECRONE, SR., CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jessica M. Howe, an adult individual, residing at 135 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013-9627. 2. Defendant is Jeremiah J. Lecrone, Sr., an adult individual, residing with his sister, Mary Lecrone, at 363 C Street, Carlisle, Cumberland County, Pennsylvania, 17013- 1832. 3. Plaintiff seeks primary custody of the following child: Name Present Residence Date of Birth Jeremiah J. Lecrone, Jr. 135 Tower Circle 10/28/2003 - Present Carlisle, Pennsylvania 17013-9627 The child was born out of wedlock. The child is presently in the custody of the defendant, who resides at 363 C Street, Carlisle, Cumberland County, Pennsylvania, 17013-1832. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Jeremiah J. Lecrone, Sr. 363 C Street 9/25/2006 - Present Carlisle, Pennsylvania 17013-1832 Jessica M. Howe 135 Tower Circle 10/28/2003 - 9/25/2006 Jeremiah J. Lecrone, Sr. Carlisle, Pennsylvania 17013-9627 The mother of the child is Jessica M. Howe, currently residing at 135 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013-9627. She is not married. The father of the child is Jeremiah J. Lecrone, Sr., currently residing at 363 C Street, Carlisle, Cumberland County, Pennsylvania, 17013-1832. He is not married. 4. The relationship of the plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship None. 5. The relationship of defendant to the child is that of natural father. The defendant currently resides with the following persons: Name Relationship Marv Lecrone Sister Sarah Lecrone Niece Sereena Lecrone Niece Zebadiah Freeman Nephew Jeremiah J. Lecrone, Jr. Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning 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 or claims to have custody or visitation rights with respect to the child. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary legal and primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas\Domestick owelcustody.comp JESSICA M. HOWE, Plaintiff V. JEREMIAH J. LECRONE, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: `P,IrIY,r Z? . , 2006 - r Jessica M. Howe J 1? )- I * 0 1 `J IS, -, M r , JESSICA M. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 52-20 CIVIL TERM JEREMIAH J. LECRONE, SR., CIVIL ACTION-LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes Jessica M. Howe, by and through her attorney, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, and respectfully represents as follows: 1. Plaintiff is Jessica M. Howe (hereinafter referred to as "Mother"), an adult individual residing at 135 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013- 9627. 2. Defendant is Jeremiah J. Lecrone, Sr. (hereinafter referred to as "Father"), an adult individual who left the marital residence without notice and who is residing with his sister, Mary Lecrone, at 363 C Street, Carlisle, Cumberland County, Pennsylvania, 17013-1832. 3. The parties are the natural parents of Jeremiah J. Lecrone, Jr. (hereinafter referred to as "Child"), born October 28, 2003. 4. Mother is employed as a receptionist/billing clerk at Carlisle Neurocare, a group of physicians specializing in neurology. 5. Father does not work at this time. His last job was in July, 2006 and he has a sporadic work history. 6. There are no prior custody Orders in this case. 7. Simultaneous to the filing of this Emergency Petition, Mother has filed a Complaint for Custody and is awaiting the scheduling of a custody conciliation. 8. On or about Monday, September 25, 2006, Father removed Child from the residence that the parties had shared since Child's birth without an agreement to do so and without Mother's consent. 9. Since the parties' separation, Mother has had not had any contact with Child or Father. 10. Prior to September 25, 2006, Child had been enrolled at the Carlisle Early Education Center for daycare. Child has not been attending the Carlisle Early Education Center since September 25, 2006. 11. Prior to September 25, 2006, Mother had been the primary caretaker of Child and had been actively involved in Child's life. WHEREFORE, Mother respectfully requests this Honorable Court award her some periods of physical custody of Child pending the custody conciliation. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michae A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attomey for Plaintiff maslDomestic%Howe%emergencyrelief.pet JESSICA M. HOWE, Plaintiff V. JEREMIAH J. LECRONE, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief pursuant to Pa.R.C.P. 1915.14 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: , 2006 J sica M. Howe LJ OCT 0 3 200 JESSICA M. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 2006 - CIVIL TERM JEREMIAH J. LECRONE, SR., CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of d "M ? , 2006, upon consideration of the within Petition For Emergency Relief Pursuant To Pa.R.C.P. 1915.13, a hearing is set in this matter for e4ocy the geday of 2006 at dQ Ot.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,v. chael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 eremiah J. Lecrone, Sr. c/o Mary Lecrone 363 C Street Carlisle, Pennsylvania 17013-1832 1? b? 11 1 :Z I-Y Sa° 1 HE JESSICA M. HOWE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5720 CIVIL ACTION LAW JEREMIAH J. LECRONE, SR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 05, 2006 , 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, October 19, 2006 at 10:30 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, Esg. 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 ?, ? Q?i ? ?0.6 of 1s ?,-.? ? P, :C' f Id 6- 1-K HE l JEREMIAH J. LECRONE, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVI - LAW JESSICA J. HOWE, NO.06-5740 Defendant ` IN CUSTODY JEREMIAH J. LECRONE, SR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA J. HOWE, NO. 06-5720 Defendant IN CUSTODY COURT ORDER AND NOW, this 31 `' day of October, 2006, upon consideration of the attached Custody Conciliation report, it is ordered that the following Temporary Custody Order is entered: 1. The father, Jeremiah J. Lecrone, Sr., and the mother, Jessica J. Howe, shall enjoy shared legal and shared physical custody of Jeremiah J. Lecrone, Jr., born October 28, 2003. 2. Physical custody shall be handled with the parties sharing custody on a 50150 basis on week on/week off schedule. Exchange of custody shall be on Friday evening at 5:00 p.m. unless agreed otherwise between the parties. 3. The parties may modify this schedule as they agree. Absent an agreement, the schedule set forth above shall control. i^- ,? ' ,. ,? ,1r. f' , ? , .? ?'? ??, J? {-!: 4a ifs 4. The parties shall meet again with the Custody Conciliator for a Conference on Wednesday, November 15, 2006 at 8:30 a.m. cc: Marcus A. McKnight, III, Esquire Michael A. Scherer, Esquire BY THE COURT, Jas f JEREMIAH J. LECRONE, SR., Plaintiff v JESSICA J. HOWE, Defendant JEREMIAH J. LECRONE, SR., Plaintiff v JESSICA J. HOWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5740 IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5720 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: 1. The Conciliator conducted a telephone conference call with legal counsel for the parties and, based upon that discussion, recommends an Order in the form as attached. /0-a DATE HuKert X. Gil y, Esquire Custody Co diator r . JESSICA M. HOWE Plaintiff v JEREMIAH J. LECRONE, SR., Defendant NOV 2 U 2006 AA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5720 IVIL ACTION - LAW IN CUSTODY ------------------------------------------------------------------------------------------------------------------------- JEREMIAH J. LECRONE, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-5740 CIVIL ACTION - LAW JESSICA J. HOWE, IN CUSTODY Defendant COURT ORDER AND NOW, this 2- 2'j day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 31, 2006 shall remain in place subject to the following modifications: 1. The Mother, Jessica M. Howe, shall enjoy custody with the minor child on Thanksgiving for 2006 consistent with the alternating week schedule. 2. For the Christmas holiday, the parties shall communicate with each other in an effort to work out an agreement with respect to a Christmas eve and Christmas day schedule. If the parties are unable to work out an agreement on such a schedule, the Christmas holiday shall be handled with a division of two different periods of time: the first period shall be Christmas eve at noon until Christmas day at noon, and the second period shall be Christmas day at nopn Otil December 26th at noon. Both segments shall be alternated with Father hiving tW first segment in 2006 with the parties alternating thereafter. - ., P' f... ?:ae.mw.,r f...., ?ra;?wqW L? wh . n,,,• q.? ?`' ?? # jai / ' w ? q ?n?,? r . • 3. The parties shall advise their attorneys which respect to the status of the case and the attorneys shall conduct a telephone conference with the Conciliator on Thursday, January 11, 2007 at 8:00 a.m. 4. In the event either parent is not able to care for the child for a period of three hours or more because of work or other commitments, the custodial parent must contact the non-custodial parent and give that parent the opportunity to provide day care if he or she is available. 5. Both parties shall keep the other parent advised with respect to their living situation, address, phone number and other appropriate contact information. 6. The parties shall use Carlisle Early Education Center for providing day care, and the Carlisle Early Education Center is authorized to share all information with both parents in light of the fact that this is a shared physical and shared legal custody situation. BY THE COURT, Kevin . Hess, Judge Cc: 'I' ael A. Scherer, Esquire arcus A. McKnight, III, Esquire 4 i. JESSICA M. HOWE Plaintiff v JEREMIAH J. LECRONE, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5720 CIVIL ACTION - LAW IN CUSTODY ------------------------------------------------------------------------------------------------------------------------- JEREMIAH J. LECRONE, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-5740 CIVIL ACTION - LAW JESSICA J. HOWE, IN CUSTODY Defendant . Prior Judge: The Honorable Kevin A. Hess 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jeremiah J. Lecrone, Jr., born October 28, 2003 2. A Conciliation Conference was held on November 15, 2006 with the following individuals in attendance: The Mother, Jessica M. Howe, with her counsel, Michael A. Scherer, Esquire The Father, Jeremiah J. Lecrone, Sr., with his counsel, Marcus A. McKnight, III, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: November 2006 ert X. . roy, Esquire Custody onciliator JAN 1 2 2D01 ANY JESSICA M. HOWE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-5720 CIVIL ACTION - LAW JEREMIAH J. LECRONE, SR., IN CUSTODY Defendant JEREMIAH J. LECRONE, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-5740 CIVIL ACTION - LAW JESSICA J. HOWE, IN CUSTODY Defendant ORDER r C?" AND NOW, this ? ( day of January, 2007, after conducting a telephone conference with the attorneys for the parties and being advised that the Conciliator does not need to take any further action, the Conciliator relinquishes jurisdiction. i ubert X. Gilroy, Esquire Custody Conciliator ?? ., , ?;1?^? . r-.;" ,. a ?.???? ?a? y ;5 ? ? ? JESSICA M. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5720 CIVIL TERM JEREMIAH J. LECRONE, SR., CIVIL ACTION-LAW Defendant IN CUSTODY - ----------------- - ---------------- - ---------- - ------------- - --------------------------------------- JEREMIAH J. LECRONE, SR., Plaintiff V. JESSICA M. HOWE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5740 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY JESSICA M. HOWE'S ANSWER TO PETITION TO MODIFY CUSTODY AND NOW, comes Jessica M. Howe (hereinafter "mother"), by and through her attorney, Michael A. Scherer, Esquire, and respectfully answers Jeremiah J. LeCrone's (hereinafter "father") Petition as follows: 1. - 5. Admitted. 6. Denied. Jessica M. Howe desires to have primary physical custody of the child so that the child attends school in the Carlisle School District, for the following reasons: a. Aside from a short stay with a friend after the parties' separated, mother has continued to reside in the home where the parties raised the child. b. Father has had several different residences since separation and his residence in Perry County may not be permanent. C. Father has no known job nor visible means to support the child. d. The child's personal contacts and activities, such as daycare, "Head Start" his physicians, dentist and other professionals are all from Carlisle and the child has no known contacts with Perry County. WHEREFORE, mother respectfully requests that the Court enter and Order for shared legal custody, primary physical custody with mother and shared custody during the summer months. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mic ae A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/howe/modifycustodypetition.ans VERIFICATION I verify that the statements made in the foregoing Jessica M. Howe's Answer To Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. 3 Date: 0 Jessica M. Howe CERTIFICATE OF SERVICE I hereby certify that on March g+ , 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of Jessica M. Howe's Answer To Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 ?. `+.•.i ?' , _.. . " 1 _