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Home My WebLink About07-0210 ANNAMARIE C. GILLESPIE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- .110 ~ T~ JEROME B. GILLESPIE. Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Annamarie C. Gillespie, residing at 1200 Rossmoyne Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Jerome B. Gillespie, normally resides at 258 Pine Grove Road, Garners, Cumberland County, Pennsylvania, 17324, but is currently incarcerated in York County Prison until at least February 28,2007. 3. Plaintiff seeks custody of the following child: Name Present Address Date-of- Birth Ranger B. Gillespie PhilHaven Lebanon County, PA 1- 3 1-1990 4. The child was born in wedlock. The child was in the custody of Defendant Father, residing at 258 Pine Grove Road, Gardners, Cumberland County, Pennsylvania until November 28, 2006 when Defendant Father was incarcerated in York County Prison. The child remained at Defendant Father's residence in the care of Defendant's fiancee until January 3, 2007 when Defendant's fiance and the Carlisle High School took the child to the hospital for a psychiatric hospitalization. 5. During the past five (5) years, the child has resided with the following persons the following address( es): Name Address Dates a. Phil Haven Hospital Mt. Gretna, P A January 3, 2007 to present b. Jerome Gillespie Paula (Jerome's fiance) 258 Pine Grove Road June 2006 to January 3, 2007 3c Jerome Gillespie Paula 201 Edinburgh Road Emigsville, P A approximately June 2005 to June 2006 d. Jerome Gillespie * Annamarie Gillespie 238 Waldorf Drive York, PA 2001 to June 2005 *until July 2004 6. The mother of the child is currently residing at 1200 Rossmoyne Road, Mechanicsburg, Pennsylvania, 17055. She is single. 7. The father of the child is currently incarcerated in York County Prison but normally resides at 258 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. He is single. 8. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the following person(s): Name Relationship Darvin Brosius Plaintiff s boyfriend 9. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following person(s): Name Relationship Paula Andrews Defendant's fiance 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. The parties Marriage Settlement Agreement of May 5, 2005 was incorporated into their Divorce Decree in York County and Paragraph 11 the Marriage Settlement Agreement provides the parties have shared legal custody and Defendant father has majority physical custody and Plaintiff mother has partial physical custody. No custody action has ever been filed, no custody Order has ever been entered. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Defendant Father is incarcerated and unable to exercise physical custody of the child; b. Plaintiff Mother is better able to provide for the emotional and physical needs of the child now, and Plaintiff Mother believes and avers that she is better able to continue to provide for the physical and emotional needs even after Defendant Father is released from incarceration. 14. 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 her primary custody of the child Ranger B. Gillespie. Respectfully submitted, Date: \ - \ \ -- <0 'I Joanne Harrison Clough, Esq ire Attorney ID No.: 36461 24 N. 320d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for JOANNE HARRISON CLOUGH, PC . VERIFICATION " I, f-/NIJAIYlIq.;<f e b,'//r:Sfl' C , hereby verify and state that the facts set forth in the foregoing Custody Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: / / (../.'- 0 '7 (j/}t;yl/j~. J1~' / .,-~ ~t) t' '"" ~ " ~ ~ (v ..... ~ ,::, ~) ]I ""' "'. '",- '-' <:' C": ,Q ""'.J ~<. ~;g '-.J ~ """:" - - ::? ~~~ -: 0? !, ) c:' C) '1/ '-" -:-r i i1 T-l ';::=:.:: :-':':1 / --.;; ANNAMARIE C. GILLESPIE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y 07-210 CIVIL ACTION LAW JEROME B. GILLESPIE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, Jan~ 12,2007 _,' upon consideration of the attached Complaint, it is hereby directed that patiies and their respective counsel appear before Dawn S, Sunday, Esq, , the conciliator, at._,...,__}9 West M~i!!~!~~et, Mechall.!~,sbuEg, PA 17055 on Tuesday, January 23, 2007 at 9:00 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 bc 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 hearin2. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. 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 infonllation about accessible facilities and reasonable accommodations available to disabled individuals having business before the cOUli, 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 ~ -f:z~? ~,y ~ (eJ. '7/, I ,~? l' ~pn/ ~~ ~c7. ~7/. f ~ Y -7/fT'~ ~t?~;'''9 tif~/,1 \ \ t"t,)\.o<\CY.', 1\...tJ "\! 0, \ .,\\~f l~~2 ..,{' .(' \ii'\ -' I. G~"'~J ~'iQ ,,,,,!"~')';'-!(J;d 3\-\1 jO 1 ',.N \ t)\"1U !"..::.,.! -,q I'J -- ?:~')\~:\\~.r'{J3 ~\-. ...... ( " ry- JAN 25 2007 t'1\ ANNAMARIE C. GILLESPIE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-210 CIVIL ACTION LAW JEROME B. GILLESPIE Defendant IN CUSTODY ORDER OF COURT J 2~7 AND NOW, this 2"- {'-r day of 'J 2" , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Annamarie C. Gillespie and the Father, Jerome B. Gillespie, shall have shared legal custody of Ranger B. Gillespie, born January 31, 1990. 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 his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on a flexible basis, with the times to be arranged by agreement between the parties. 4. The parties shall have custody of the Child for holidays and vacations as arranged by agreement. 5. The Father shall ensure that the Child is not left alone in the care of the Father's girlfriend or left alone at the Father's residence. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: J. 2 ~ :8 ~~d 92 N'gT LOill AtlV10:'~(JHJ{)dd 3Hl ;jO 3~)lj.:,:{)-{EJ1J:I .. '" ANNAMARIE C. GILLESPIE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-210 CNIL ACTION LAW JEROME B. GILLESPIE Defendant 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Ranger B. Gillespie January 31, 1990 Mother 2. A custody conciliation conference was held on January 23, 2007, with the following individuals in attendance: the Mother, Annamarie C. Gillespie, with her counsel, Joanne H. Clough, Esquire. The Father, Jerome (Jake) B. Gillespie, who is presently incarcerated in the York County Prison, participated in the conference by telephone. The Father is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. , Jo..n u~_ ~i, dfrl7 Date Da~ Custody Conciliator