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Gall L. Unger,
Plainti ff
IN TIfE COUltT OF COMMON PI,EAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-'lI'J/ CIVIL TERM
PROTECTION FROM ABUSE
AND CUS'fODY
Ricardo A. JefferieR,
Defendant
AND NOW, thiR
TEMPORARY PROTECTION OflDER
, \)t
,)1 day of JUly, 1995, upon preRentation
and consideration of the within Petition, and upon finding that
Avenue, CarliRle, Cumberland County, Pennsylvania, is in
the plaintiff, Gail L. Unger, now residing at 115 W. Chapel
A. Jefferies, the following Temporary Order is entered.
immediate and present danger of abuse from the defendant, Ricardo
307, Carlisle, Cumberland County, PennSYlvania, is hereby
of Birth: 5-9-65) now residing at 710 Hanover Manor, Apartment
The defendant, Ricardo A. Jefferies, (SSN: unknown and Date
or placing her in fear of abuse.
enjoined from PhYSically abUSing the plaintiff, Gail L. Unger,
County, Pennsylvania, a residence which is leased solely by the
residence located at 115 W. Chapel Avenue, Carlisle, Cumberland
The defendant is ordered to stay away from the plaintiff's
vehicle at all times during the transfer of custody,
of the parties' children. The defendant shall remain in his
plaintiff, except for the limited purpose of transferring custody
The defendant is ordered to refrain from haVing any direct
to, telephone and written communications, except for the limited
or indirect contact with the plaintiff, inclUding but not limited
purpose of facilitating custody arrangements.
., I 01111 ~,~ '95
The defendant Is enJoilled from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or the
minor children.
The defendant is enjoined from entering the schools of the
minor children,
The defendant is enjoined from removing, damaging,
destroying or selling any property owned Jointly by the parties
or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint
under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal
contempt under 23 Pa. C.S. 66114, punishable by imprisonment up
to six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and, can be
extended beyond its original expiration date, if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
Temporary custody of Ricardo A. Jefferies, Jr., Justin H.
Jefferies, and Jasmine N, Jefferies Is hereby awarded to the
plaintiff, Gail L. Unger,
A hearing shall be held on this mutt~r on the
') }.t
. .
day of
July, 1995, at
Il ",1)( 'J L\.m., in Courtroom No,1C-, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiCC's request and without pre-payment
oC Cees, but service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the ofCice oC the
Prothonotary and Corwarded to the SheriCC Cor service, The
Prothonotary shall not send a copy of this Order to the deCendant
by mail.
The Carlisle Police Departments will be provided with a
certified copy oC this Order by the plaintiff's attorney. This
Order shall be enforced by any law enCorcement agency where a
violation occurs by arrest Cor indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence oC the
police ofCicer, In the event that an arrest is made, under this
section, the deCendant shall be taken without unnecessary delay
beCore the court that issued the order, When that court is
,)
unavailable, the defendant shall be taken before the appropriate
district justice. 123 P.S, ~ 6113),
//
By the Court,
~~,.
Gail L. Unger,
IN THE COURT OF COMMON PI,EAS OF
Plaint.i ff
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- HI/ CIVIL TERM
Ricardo A, Jefferies,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NO"rICE
You have been sued in court, If you wish to defend against
the claims set forth in the following pages, you must take action
promptly after this Petition, Order and Notice arc served, by
appearing personally or by attorney at the hearing scheduled by
the Court and presenting to the Court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment
may be entered against you by the Court without further notice
for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or
property or other rights important to you.
FEES AND COSTS
If the case goes to hearing and the judge grants a
Protection Order, a surcharge of $25.00 will be assessed against
you. You may also be required to pay attorney fees to Legal
Services, Inc. for their representation of the plaintiff.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABII.ITIES ACT OF 1990
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 reaeonable
accommodations available to disabled individuale having businees
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or businees
before the court. You must attend the scheduled conference or
hearing,
Gall L, Unger,
IN TilE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
Ricardo A. Jefferies,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. g 6101 et aeq.
A. ABUSE
1. The plaintiff, Gail L, Unger, is an adult individual
residing at 115 W. Chapel Avenue, Carlisle, Cumberland County,
Pennsylvania 17013.
2, The defendant, Ricardo A. Jefferies, (SSN:
unknown)(Date of Birth: 5-9-65), is an adult individual residing
at 710 Hanover Manor, Apartment 307, Carlisle, Cumberland County,
Pennsylvania, 17013.
3. The defendant is the father of the minor children.
4. Since approximateiy October 1994, the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, has placed the
plaintiff in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly
committed acts toward the plaintiff including following the
plaintiff under circumstances which has placed the plaintiff in
reasonable fear of bodily injury, This has included, but is not
limited to, the following specific instances of abuse:
I
a. On or about July 16, 1995, at approximately 6:00
a.m., the defendant entered the plaintiff's residence
through a window while she was sleeping and screamed at
her causing her to fear for her safety. Later that
evening, the defendant returned to the plaintiff's
residence, screamed at her, kicked cushions off of the
furniture, kicked the front screen door, and threatened
her causing her to fear for her safety saying, "I'm
this close to going to Jail; f--- the police; I'll do
time." The defendant came toward the plaintiff who
was sitting in a chair, stood over her, screamed in her
ear, and forcefully slapped her across the face. When
the plaintiff tried to get away from the defendant, he
repeatedly pushed her back into the chair. The
defendant grabbed her arm and bit the back of her hand,
The Carlisle Police arrived nt the residence in
response to a neighbor's call and charged the defendant
with simple assault and defiant trespass,
b. On numerous occasions since October 1994, the
defendant has stood over the plaintiff, yelled at her,
and prevented her from moving. The defendant hae
repeatedly come to the plaintiff's residence uninvited
and followed her around the house causing her to fear
for her snfety,
5, The plaintiff believes and therefore avers that she is
2
in immediate and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
6, The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangements,
7, The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives or the minor children.
8. The plaintiff desires that the defendant be restrained
from entering the schools of the minor children.
9, The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
B. EXCLUSIVE POSSESSION
10. The home which the plaintiff is asking the Court to
order the defendant to stay away from is rented in the
plaintiff's name.
11. The defendant has his own residence located at 710
Hanover Manor, Apartment 307, Carlisle, Pennsylvania.
C. ATTORNEY FEES
12. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
3
E. TRMEQRABY. CUSTODY
13, The plaintiff seeks temporary custody of the following
children:
fiAJIrn Present Residence All!!
Ricardo Jefferies, Jr. 115 W. Chapel Ave. 9 yrs. old
Carlisle, PA DOB 9/27/85
Justin Jefferies 115 W. Chapel Ave. 7 yrs. old
Carlisle, PA DOB 8/6/87
Jasmine Jefferies 115 W. Chapel Ave. 6 yrs. old
Carlisle, PA DOB 1/11/89
The children were born out of wedlock,
The children are presently in the custody of the plaintiff,
Oail L, Unger, who resIdes at 115 W. Chapel Avenue, Carlisle,
Pennsylvania.
During the past five years, the children have resided with
the following persons and at the following addresses:
~
Addresses Dates
1935 Zarker St. 1/90 to
Carlisle, PA 12/17/92
10 Wilbert Dr. 12/17/92 to
Carlisle, PA 10/94
Plaintiff
Plaintiff,
Richard and Rose
Unger (plaintiff's
parents) and Steven
Unger (plaintiff's
brother)
Plaintiff
115 W. Chapel Ave.
Carlisle, PA
10/94 to
present
The plaintiff, the mother of the children, is currently residing
at 115 W. Chapel Avenue, Carlisle, Cumberland County,
Pennsylvania.
4
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She is single.
The plaintiff currently resides with the following persons:
H!lmg
Relationship
Ricardo Jefferies, Jr.
Justin Jefferies
Jasmine Jefferies
Son
Son
Son
The defendant, the father of the children, is currently
residing at 710 Hanover Manor, Apartment 307, Carlisle,
Cumberland County, Pennsylvania.
He is single.
The defendant currently resides alone,
14. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
15. The plaintiff has no knowledge of any custody
proceedings concerning these children pending before a court in
this or any other jurisdiction.
16, The plaintiff does not know of any person not a party
to this action who has physical custody of the children or claims
to have custody or visitation rights with respect to the
ch ildren,
17. The best interests and permanent welfare of the minor
children will be met if custody is temporarily granted to the
plaintiff pending n hearing in this matter for reasons including:
a. The plaintiff is n responsible parent who can best
take care of the minor children and has provided for
5
the emotional and physical needs of the children since
their births,
b. Tho defendant has shown by his abusc of thc
plaintiff that he is not an appropriate role model for
the minor children,
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. 6 6101 ~ seQ., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pureuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse,
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
or the minor children including, but not limited
to, telephone and written communications, except
to facilitate custody arrangements.
3, Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relativcs and the minor
children.
4, Prohibiting the defendant from entering the
schools of thc minor childrcn,
6
5. Prohibiting the defendant from removing,
damaging, destroying or selling property Jointly
owned by the parties or owned solely by the
plaintiff.
6. Orderin~ the defendant to stay away from the
plaintiff's residence located at 115 w. Chapel
Avenue, Carlisle, Cumberland County, Pennsylvania,
except for the limited purpose of transferring
custody of the parties' children, The defendant
shall remain in his vehicle at all times during
the transfer of custody,
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself except for the limited
purpose of transferring custody of the parties'
children. The defendant shall remain in his
vehicle at all times during the transfer of
custody.
8. Granting temporary custody of the minor
children to the plaintiff,
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from
abusing tho piaintiff or placing her in fear of
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abuse,
2. Ordering the defendant to refrain from having
any direct or indjrect contact with the plaintiff
including, but not limited to, telephone and
written communications, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the defendant from entering the
schools of the minor children.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 115 W. Chapel
Avenue, Carlisle, Cumberland County, Pennsylvania,
except for the limited purpose of transferring
custody of the parties' children, The defendant
shall remain in his vehicle at all times during
the transfer of custody.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
8
astnbllsh for herself, except for the limited
purpose of transferring custody of the parties'
children. The defendant shall remain in his
vehicle at all times during the tranefer of
custody,
8, Ordering the defendant to pay reasonable
attorney fees to Legal Services, Inc.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a certified copy
of this Petition and Order be delivered to the Carlisle Police
Department who have jurisdiction to enforce this Order,
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18, The allegations of Count I above are incorporated
herein as if fully set forth.
19. The best interest and permanent welfare of the minor
children will be served by confirming custody in the plaintiff as
set forth in paragraph 17 of the petition,
WHEREFORE, pursuant to 23 P.S. ~ 5301 et sea,. and other
applicable rules and law, the plaintiff prays this Honorable
9
Court to award custody of the minor children to her.
The plaintiff prays for such other relief as may be Just and
proper.
Respectfully submitted,
,-
/1 / ,_I
( J f C..
~-:t'--:L ~l.',-t-:" l
f{oan Carey, Attar Y for Plaintiff
. , .
LEGAL SERVICES, INC.
S Irvine Row
Carlisle, PA 17013
(717) 243-9400
.~
.
10
The above-named plaintiff, Gail L. Unger, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa, C,S, ~ 4904 relating to
unsworn falsification to authorities,
(~l cu...Q -:-1
Gail L, Unger,
'I . ) Q . (15
\ lll(! LIl
Plain iff
Date:
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Gail L. Unger,
IN TilE COURT 010' COMMON PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3871 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Ricardo A. Jefferies,
Defendant
PROTECTION ORDER
AND NOW, this '~\J day of July, 1995, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Ricardo A, Jefferies, is enjoined from
phyeically abusing the plaintiff, Gail L. Unger, or from placing
her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except to facilitate
custody arrangements.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the minor children.
4. The defendant is prohibited from entering the schools
of the children,
5, The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
Jointly owned by the parties.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 115 W, Chapel Avenue, Carlisle,
Cumberland County, Pennsylvania, except for the limited purpose
of transferring custody during which times the defendant shall
remain in his vehicle,
7. The defendant Is ordered to stay away from any
residence the plaintiff may In the future establish for herself,
except for tho limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
8, This Order shall remain In effect for a period of one
year or until modified or terminated by the Court after notice or
hearing, and can be extended beyond that time if the Court finde
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that Indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S, ~6113; ii) a private criminal complaint under
23 Pa. C.S, ~6113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S, ~6114, punishable by imprisonment up to six
months and a fine of $100,00-$1,000,00; and iv) civil contempt
under 23 Pn. C,S. ~6114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce this Order by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the pol Ice officer. In t.he event. that an arrest is
made under this section, the defendant. shall be taken without
unnecessary delay before the court that issued the order. When
t.hat court Ie unllvailable, the defendant shall be taken before
the appropriate district
justice. (23 P.S, ~ 6~3).
J.
By the Court.. /
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IN TilE COURT OF COMMON Pl,EAS Ol;
Plnlnliff
CUMBERLAND COUNTY, PENNSYl.vANIA
NO. 95-3871 ClVIL TERM
PROTECTION FROM ABUSE
ANI> CUSTODY
v,
Ricardo A. Jefferies,
Defendant
CUSTODY ORD~;R
AND NOW, this
'Z..-b
day of July, 1995, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' children, Ricardo A,
Jefferies, Jr., Justin M, Jefferies, and Jasmine N. Jefferies,
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the children,
2, The defendant, hereinafter referred to as the father,
shall have partial custody of the children according to the
following schedule: every other weekend on Saturday and Sunday
from noon until 7:00 p.m. and during the week on his days off,
from noon until 7:00 p.m, When the children are in school, the
4, The mother and father agree that each shall notify the
father's custody on his days off from work will be from after
school until 6:00 p.m.
3. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
other immediately of medical emergencies which arise while the
children arc in that parent's care.
5. This Order shall remain in effect until either party
petitions to have It changed.
6, Neither party shall do anything which may estrange the
children from the other parent, or injure the opinlon of the
children as to the other parent or which may hamper the free and
,. .
natural development of the children's love or respect for the
other parent,
2/
/ I
By\~t~
'- ~
Edgar B. yley, Judge
}
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Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3871 CIVIL TERM
,.
Gail L. Unger,
v.
Ricardo A, Jefferies,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEHRNT ~
This Agreement is entered on this ~~ day of July, 1995,
by the plaintiff, Gail L. Unger, and the defendant, Ricardo A.
Jefferies. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC,; the defendant is unrepresented but is aware of
his right to have an attorney, The parties agree that the
following may be entered as an Order of Court.
1. The defendant, Ricardo A. Jefferies, agrees to refrain
from abusing the plaintiff, Gail L, Unger, or placing her in fear
of abuee,
2, The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements,
3. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relatives and the minor
children.
4. The defendant agrees not to enter the schools of the
minor children.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or Jointly owned by the
pnrtles.
6. The defendant a~rees to stay away from the plaintiff's
residence located at 115 W. Chapel Avenue, Carlislo, Cumberland
County, Pennsylvania, except for the limited purpose of
transferring custody during which time the defendant will remain
In his vehicle.
7. The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself, except for
the limited purpose of transferring custody during which time the
defendant will remain in his vehicle.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in tho Petition,
9. The defendant understands that the Protection Order
entered In this matter will be in effect for a period of one year
and, can be extended beyond that time, if the Court finds that
the defendant has committed another act of abuse or has engaged
in a pattern or practice that indicates continued risk of harm to
the plaintiff. The defendant understands that this Order will be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
10, Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa, C.S. ~6113; ii) a private
criminal complaint under 23 Pa. C.S. ~6113,li iii) a charge of
indirect criminal contempt under 23 Pa, C,S. ~6114, punishable by
imprisonment up Lo six months and a fine of $100.00-$1,000.00;
and ivl civil contempt under 23 Pa, C,S. ~6114.1.
11. The defendant and the plaintiff agree to the entry of
r-n--
an Order providing for the following custody schedule for their
children, Ricardo A, Jefferies, Jr" Justin M. Jefferies, and
Jasmine N. Jefferies.
a. The mother shall have primary physical and legal
custody of the children.
b. The father shall have partial custody of the
children on dates and at times mutually agreed upon by
the parties, The father will have partial custody of
the children according to the following schedule:
every other weekend on Saturday and Sunday from noon
until 7:00 p,m. and during the week on his days off,
from noon until 7:00 p.m, When the children are in
school, the father's custody on his days off from work
will be from after school until 6:00 p,m.
c. The mother and father, by mutual agreement, may
vary from this schedule at any time, but the Order
shall remain in effect until further order of court.
d. The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while the children are in that parent's care,
c, The parties realize that their children's well
being is pal'amount. to any differences they might have
bet.ween lhem!lelvcs, Therefore, they agree that neither
part.y shall do nnyt.hlng which may eetrange the children
from the ot.her parent, or Injure the opinion of the
chlld,'"n as t.o t.h" other parent or which may hamper the
free and natural development of the children's love or
respect for the other parent,
WHEREFORE, the parties request that a Protection and Custody
l
.
Order be entered to reflect the above terms.
-.!jai.Q i. UnqOJl
Gail L, Unger
Plaintiff
J~v~zt
Carey
Attorney for PI ntlff
Jawch (1. (~~ Kit ,
Ricardo A, Je feries
Defendant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
ens
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MAY 22 ;..!t:....\'
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GAIL L. UNGER,
PlaintifflRespondent
IN THE: CXlURT OF CXJl'1l'lOO PLEAS OF
: CUM6ERLAND e<:XJN'fi, pENNSYLVANIA
.
.
NO. 95-3671 CIVIL TERM
vs.
CIVIL ACTION - LAW
RICARDO A. JEFFERIES,
oefendant/Petitioner
CUSTODY
OODER OF cxxm
AND tOi, this 'Z. -z- day of ~
consideration of the attached custody cone 1 at on
and directed as follows:
, 2000, upon
Report, it is ordered
1. The custody provisions of the prior order of this court dated July
26, 1995 are vacated and replaced with this order.
2. The Mother, Gail L. unger, and the Father, Ricardo A. Jefferies,
shall have shared legal custody of Ricardo A. Jefferies, Jr., born
September 27, 1965, Justin M. Jefferies, born August 6, 1987, and Jasmine
N. Jefferies, born January 11, 1989. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion. Both parents shall be entitled to have access to
the Children'S school and medical records.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children
during the two weekends each month when the Father does not work, fran
Friday at 7:00 p.m. through sunday at 4:00 p.m. Through June 2000, the
Father'S periods of weekend custody shall take place on the following
dates: May 26 through 28, June 2 through 4, and June 23 through 25.
Thereafter, the Father shall provide at least thirty days advance notice to
the Mother of the two weekends per month when he does not work.
Notwithstanding the foregoing, for the Father'S first 8 periods of
custody with the Children under this order, the period of custody for the
parties' daughter, Jasmine, shall be limited to Saturdays fran 6:00 a.m.
until 4:00 p.m. Beginning with the Father'S ninth period of custody under
this order, the custody schedule for Jasmine shall be the same as the
schedule for the parties' two older Children.
5. with the exception of the eight Saturday periods of custody for
Jasmine, the party receiving custody of the Children shall be responsible
to provide transportation for the exchange of custody. For the eight
Saturday periods of custody, the Mother shall transport Jasmine to the
Father's residence at 6:00 a.m. and the Father shall return Jasmine to the
Mother's residence at 4:00 p.m.
BY THE CXlURT, . ~
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Edgar B. BaY{J/f'L.- J.
6. 'I11e Father shall ensure that the Children have adult supervision
during his periods of custody.
7. 'I11e Father shall ensure that the Children do not go into Memorial
Park in Carlisle during his periods of custody.
B. Both parties shall ensure that the Children are properly fed
during their periods of custody.
9. 'I11is order is entered pursuant to an agreement of the parties at a
custody Conciliatioo Conference. The parties may modify the provisions of
this order by Illltual consent. In the absence of mutual consent, the terms
of this order shall control.
cc: Andrew Morrow and Thomas Place, Esquire - Counsel for Mother
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GAIL L. UNGER,
Plaintiff/Respondent
IN THE COURT OF aJMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-3871 CIVIL TERM
CIVIL ACTION - LAW
RICARIXl A. JEFFERIES,
Defendant/Petitioner
CUSTODY
PRIm JUDGE: Edgar B. Beyley
aJS'lOOl( aK:ILIATIQ.I 5lHIARY RBl'(RT
IN AaXlUlIlNCE WI'1'IJ aJoIBERLAND CXXU1Y RULE OF CIVIL ~ .'" (IRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. Ute pertinent information concerning the Olildren who are the
subjects of this litigation is as follows:
NAME
DATE 01." BIRl'H
alRREm'Ly IN aJS'lOOl( 01."
Ricardo A. Jefferies, Jr.
Justin M. Jefferies
Jasmine N. Jefferies
September 27, 1985
August 6, 1987
January 11, 1989
Mother
Mother
Mother
2. A COnciliation COnference was held on April 12, 2000, with the
fOllowing individuals in attendance: The Mother, Gail L. unger, with her
counsel, Andrew Morrow, Legal Intern, Jennifer Jones, Legal Intern and
Utanas Place, Esquire, and the Father's counsel, Thanas S. Diehl, Esquire.
Ute Father, Ricardo A. Jefferies, did not attend the COnference, although
he was the moving party on the Petition for Modification.
3. Ute Mother and the Father (through his counsel) agreed to entry of
an Order in the form as attached.
Datf1ca-
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CUstody COnciliator
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GAIL L. UNGER,
PlaintifTIRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
v.
: NO. 95-3871
CIVIL TERM
RICARDO A. JEFFERIES,
Defendant/Petitioner
: CIVIL ACTION -I.AW
: CUSTODYIVISITATION
ORnER 0... COURT
AND NOW, this Jf:L day of -R:.b 2000, upon presentation
and consideration of the allached Petition, it is hereby dirccted that the parties and their
respective counsel appear before ,\:::r:1v0~~~ . Esquire, the
conciliator, at, 2B\.J.\-b\~\ \-'t-c\-.n-\\()~\.J1\ Cumberland County,
Pennsylvania on the \ ~ day of l\yr\ \' J 2000, at ,3'.("...0 F--.m.,
for a Pre-Hearing Custody Conferencc. At sueh conference an efTort will be made to resolve the
issues in dispute, or if this cannot bc accomplished, to define and narrow the issues to be hcard
by the Court and to enter into a temporary Order. Either party may bring the child(REN) who is
subject to this custody action to the conference, but the childlehildrcn's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or
permanent Order.
FOR HIE COURT:
BY:~h rf'.. ~\ ~dot})~ .
Custody Coneiliator l~:")
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTI I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoeiation
2 Libeny Avenue
Carlisle,PA 17013
(717) 249-3166
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AMERICANS WITII DISABILITIES ACT OF 1990
The Court Of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Aet of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
pleBSe contact our ol1ice. All arrangements must be made Ilt leBSt 72 hours prior to Ilny hellrinll
or business before the court. You must attend the seheduled conference or hellrinll.
GAIL L. UNGER.
Plaintiff/Respondent
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-3871
CIVIL TERM
RICARDO A. JEFFERIES,
Defendant/Petitioner
: CIVIL ACTION - LAW
: CUSTODYIVISITATION
PETITION FOR MODIFICATION OF CUSTODY ORDER
I. The Petitioner is the above-named Defendant, Ricardo A. Jefferies, Sr., an adult
individual currently residing at 2 Lincoln Avenue, Carlisle, Cumberland County, Pennsylvania
17013.
2. The Respondent is the above-named Plaintin: Gail L. Unger, an adult individual
currently residing at 10 Wilbur Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the natural parents of the children, Ricardo A. Jefferies, Jr.. born
September 27, 1985; Justin M. Jefferies, born August 6, 1987; and Jasminc N. Jefferies, born
January II, 1989. The ehildren wcre born out of wedlock.
4. The only prior order regarding custody of thc children was tiled
contemporaneously with a Protection From Abuse Order, dated July 26. 1995. A copy ofwhieh
is allached hereto and ineorporated hcrein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
children in any jurisdietion to the Petitioner's knowlcdge.
6. Since the entry of the Court's Order of July 26, 1995, the children have primarily
resided with the Respondcnt.
7. Thc prior Ordcr of July 26, \995 grants sole legal custody of thc children to the
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records regarding the children.
8. The Order of July 26, 1995 docs not alTord the Petitioner ovcrnight contact with
the children.
9. Since the cntry of thc July 26, 1995 Ordcr, thc partics, by mutual agreerncnt, have
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past few years, have not gencrally followed the provisions ofthc prior Order.
10. The Petitioncr's work schedulc has changed since the entry of the July 26, 1995
Ordcr, making the current Ordcr impractical.
II. The natural mother of the children is Gail L. Unger. She is single.
12. The natural father ofthe child is Ricardo A. Jefferies, Sr. He is single.
\ 3. The relationship of the pctitioner to the children is that of natural fathcr. The
natural father currently resides alonc.
14. The relationship of the Respondent to the children is that of natural mother. The
natural mother currently rcsidcs with thc childrcn, and her parents.
15. The Petitioncr has not participated as a party or a witncss in any other capacity in
litigation concerning the children.
16. Petitioner has no information of any custody proceeding concerning the children
pending in any Court of this Commonwcalth.
17. The bcst interest of the children will be provided for by modifying the existing
Custody Ordcr for the following reasons:
(a) Pcriods of ovcrnight custody of the childrcn would provide Father with extendcd
periods of custody thereby alTording both the children and thc Fathcr a grcater
opportunity to fostcr a meaningful and nurturing relationship between themselves;
(b) Shared legal custody of tbc children would make thc children's records more
readily accessible to the Father, which in turn would help the Father enjoy and participate
in the childrcn's education, medical well-being, and gencral welfare to the bcnefit of the
children; and
(c) Modifyingthc existing Order relative to the Father's current work schedule would
aid in his contact with the children, and provide the children with more time in which to
spend with their Father.
8. Petitioner does not know of any person not a party to these proceedings who
claim to have custody or visitation rights with respect to thc child.
WHEREFORE. Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
Date:
Respectfully submilled,
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omas S. Diehl, Es ire
Attorncy for Defendant/Petitioner
40 I East Louther Strect, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
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EXIIIBIT A
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Gall L. Unger,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-3871 CIVIL TERM
Ricardo A. Jefferies,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PROTECTION ORDER
ANI> NOW, tlllo 7.",/, <lilY DC July, 19!1G, UpOIl cOlIsillcrlltiulI of
the Consent Agreement of the parties, Wle following Order is
entered:
1. The defendant, Ricardo A. Jefferies, is enjoined from
physically abusing the plaintiff, Gail L. Unger, or from placing
her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except to facilitate
custody arrangements.
3, The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the minor children.
4, The defendant is prohibited from entering the schoole
of the children.
5, The defendant is prohibited from removing, damaging,
destroying or selling any ~roperty owned by the plaintiff or
Jolnt.1y owned by the parties,
6, The deCendant is ordered to stay away from the
plaintiff's residence located at 115 W. Chapel Avenue, Carlisle,
,.
cumberland County, Pennsylvania, except for the limited purpose
of transferring custody during which times the defendant shall
remain in his vehicle,
7. 'fhe defendant is ordered to stay away frolll any
residence the plaintiff may in tho future establish for herself,
except for the limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
8, This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing, and can be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This order may subject tho defendant to: il arrest
undor 23 Pa. O,S. 66113; iil a private criminal complaint under
23 Pa. O.S. 66113.1; iiil a charge of indirect criminal contempt
under 23 Pa. o,s. 66114, punishable by imprisonment up to six
months and a fine of $100,00-$1,000.00; and ivl civil contempt
under 23 Pa. o,S. 66114.1. Resumption of co-residence on tho
part of the plaintiff and defendant shall not nullifY the
provisions of the court order,
10. The Carlisle police Department shall be provided with a
certified copy of this Order by tho plaintiff's attorney and may
enforce this order by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
. .
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mnde under this section, the defendant shall be taken without
unnecessary deiay before the court that issued the order. When
that court is unnvnllable, the defendant shall be takon boforo
tho appropriate district Justice, (23 P.s. 6 6113),
Oy the Court,
/St t (I ~tVL (3 !2Jtl'V {l..lL
Edgar 0, ~ yley, Judge c1
Gail L, Unger,
IN TilE COURT OF COMMON PLEAS OF
CUMDERLANI> COUNTY, PENNSYLVANIA
NO, 95-3871 CIVIL TERM
PROTECTION FROM ADUSE
ANI> CUSTOI>Y
Plaintiff
v,
Ricardo A. Jefferies,
Defendant
CUS'rODY ORD~:R
AND NOW, this 2fD.(ft day of July, 1995, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' children, Ricardo A.
Jefferies, Jr., Justin M, Jefferies, and Jasmine N, Jefferies.
1. '1'he plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the children,
school until 6:00 p.m.
2. The defendant, hereinafter raferred to as the father.
shall have partial custody of the children according to the
following schedule: every other weekend on Saturday and Sunday
from noon until 7:00 p,m, and during the week on his days off,
from noon until 7:00 p,m. When the children are in school, the
father's custody on his days off from work will be from after
3. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
4. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care,
5, This Order shall remain in effect until either party
petitions to have it changed,
G. Neilhel' 1"" I,y shllll do Ilnylhing which oI.ay eslrllnge the
childl'ell Cl'om Lhe oLher pllrenL, or inJul'" Lho opinion oC Lhe
childl'on '''1 Lo Lhe oLhol' pal'onL 01' which IIIIlY hlllllJler the Cl'ee and
natul'al development oC Lho children '!l love or respect Cor the
olher parenl,
ry
Gail L, Unger,
IN TIIB COUR'r OF COMMON PLEAS OF
CUMUERLAND COUNTY, PENNSYLVANIA
NO, 96-3871 CIVIL TERM
Plaintiff
v.
Ricardo A. JefCeries,
Defendant
PIlOTEC'rION FilUM ADUSE
AND CUSTODY
CONSEN'l' AOIlEEHEN'l' d,
'rhis Agreement is entel'ed on this 1.5 day of July, 1996,
by the plaintiCf, Oail L, Unger, and the defendant, Ricardo A.
Jefferies. The plaintiff is represented by Joan Carey oC LEOAL
SERVICES, INC.; the deCendant is unrepresented but is aware of
his right. La have an at.Lol'ney. 'I'he part.ies agree thaL Lhe
Collowing may be ent.ered as an Order of Court,
1. The deCendant, Ricardo A. JeCferies, agrees to refrain
from abusing the plaintiCf, Oail L, Unger, or placing her in Cear
of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except Cor the limited
purpose of Cacilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiCC's relatives and the minor
children.
4. The deCendant agrees not to enter the schools oC the
minor children.
5. The deCendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or Jointly owned by the
parties.
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6. The defendallt agrees to stay away fl'om the plaintiff's
residence located at 116 W. Chapel Avenue, Carlisle, Cumberland
County, Pennsylvania, except for the liml ted PUl'pose of
transferrinK custody during which time the defendant will remain
in his vehicle.
7, The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself, except for
the limited purpose of transferring custody during which time the
defendant will remain in his vehicle.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9, The defendant understands that the Protection Order
entered in this matter will ~e in effect for n period of one year
and, can be extended beyond that time, if the Court finds that
the defendant has committed another act of abuse or hoe engaged
in a pattern or practice that indicates continued risk of harm to
the plaintiff. The defendant understands that this Order will be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case,
10. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa, C,S. ~6113; ii) a private
criminal complaint under 23 Pa, C,S. ~6113.1; iii) a charge of
indirect criminal contempt under 23 Po. C.S, ~6114, punishable by
imprisonment up to six months and a fine of $100,00-$1,000.00;
and Iv) civil contempt under 23 Pa. C.S. ~6114,1.
11, The defendant and the plaintiff agree to the entry of
an Order providing for the following custody schedule for their
childl'en, Ricardo A. Jefferies, JI'., Justin H. Jefferies, and
Jasmine N, Jefferies.
a, The mother shall have primary physical and legal
custody of the children.
b. The father ehall have partial custody of the
children on dates and at times mutually agreed upon by
the parties. 'I'he father will have partial custody of
the children according to the following echedule:
every other weekend on Saturday and Sunday from noon
until 7:00 p,m, and during the week on his days off,
from noon until 7:00 p,m, When the children are in
school, the father's custody on his days off from work
will be from' after school until 6:00 p.m,
c. The mother and father, by mutual agreement, may
vary from this schedule at any time, but the Order
shall remain in effect until further order of court.
d, The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while the children are in that parent's care.
e, The parties realize that their children's well
being is paramount to any differences they might have
between themselves. Therefore, they agree that neither
party shall do anything which may estrange the children
from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the
free an, natural development of tht> .Jhildren's love or
respect for the other- parent.
WIIEREFORE, the parties request that a Protection and Custody
Order be entered to reflect the above terms,
~a.l.Q. .i. UnqOll
Gai L. Unser
Plaintiff
~v@y,tt:,
Carey
Attorney for PI ntifr
~lArbJ (1, tWfp xfL.
Ricardo A. Je feries
Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
V.:R....ICATION
I verify that the statements mode in this Petition are true and correct. I understand that
false statemenls herein ore mode subject to the penalties of 18 Pa.C.S. ~ 4904, relating to
unsworn falsification to authorities.
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RlC'ARi)o A. JEFFER~-
Defendant/Petitioner
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GAIL L. UNGER
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
95-3871 CIVIL ACTION LAW
ItlCARIlO A. JEFFERIES
Ili'FI;NIlANT
IN CUSTODY
OIUlEl{ OF COURT
AND NOW. Thursdo~tember 08, 2005 ,upon consideration of the altaehed COInplaint,
it is herehy directed that parties and their respective counsel appeur he fore Dawn S. Sunday, Esq. . the conciliator,
ut 39 Wesl Moln Street, Mechanlcsburg,l'A 17055 on Tuesday, Oelober04, 2005 01 10:00 AM
lor u Pre-Hearinll Custody Conference. At such conference. un effort will he mude to resolve the issues in dispute; or
if this cannot he accomplished. to deline und narrow the issues 10 he he:lrd hy the court. and 10 enter into u temporary
order. All children aile live or older mav ulso he present ut Ihe conlerence. Fuilure to appear ut the conlercnee mav
provide llrounds lllr entry of u temporn,y or pernmnenlurder.
The courl hereby directs Ihellllrlles to furnlsb uny und u\l exlsllnlll'roteellon from Abuse orders,
Slleclull{ellef orders, und Cuslody orders to Ihe conclllutor 48 hours prior to scbeduled heurln\!.
FOR THE COURT.
By: Isl
Dmvn S. SundJIVLEsq.~
Custody Conciliutor
The Court ol'Conllllon Pleas ufCumherland County is required by luw 10 comply wilh the Americans
with Disuhilites Act of 1990. For inlormutionuhoutuccessible facilities and reasonable accommodations
uvailable to disubled individuals ha\'inll husiness hefore the court. pleuse eontuel our omee. All arranllements
mllst he mude at leust n hours prior 10 :IIIY hearinll or husiness before the court. You musl altend 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, GOTO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumherlund County Bur Association
32 South Iledli.lrd Slreet
CurHsle. Penns)'lvuniu 17013
Telephone (717) 249.3166
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GAIL I.. UNGER.
PlaintilT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION.LA W
IN CUSTODY
RICARDO A, JEFFERIES,
Delendant
NO. 95-3871
CIVIL TERM
OIWER OF COlJltT
AND NOW, this day of ,2005. upon consideration of the attached
complaint. it is hcrcby dircctcd that the parties and their respective counscl appcar before,
, the conciliator, at , ' on the
day of ,2005, at , for a Pre-Hearing Custody Conference. At such
conlerenee, an efTort will be madc to rcsolve thc issues in dispute; or of this cannot be
accomplishcd. to definc and narrow the issucs to be hcard by the court and to entcr a
temporary ordcr. All children age five or older may also be present at the conference.
Failure to appcar at the confcrcncc may provide grounds for entry of a temporary or
pcrmancnt order.
Thc Prothonotary in Dauphin County (No. 2031 CV, 1996) has been notified that
this mallcr has bcen transferred to Cumberland County.
FOR THE COURT:
By:
Custody Cone ilia tor
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT I-lAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumbcrland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
(717) 249-3166
Amcricans With Dlsabilitics Act of 1990
'111e Court of Common PIcas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about acccssible facilities
and reasonable lIccommodations available to disablcd individuals having business before
thc court, plcase eontact our oflice. All arrangements must be made at Icast 72 hours
prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
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GAIL L. UNGER,
PlaintilT
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION-LAW
IN CUSTODY
RICARDO A. JEFFERIES,
Dcfendant
NO. 95-3871
CIVIL TERM
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defcnd against the claims
sct forth in the following pages, you must take action within twenty (20) days after this
complaint and notiec are served, by entcring a writtcn appearance personally or by
attorney and tiling in writing with thc court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgmcnt may be entered against you by the court without further notice for
any money claimcd in the complaint or for any othcr claim or relief requested by the
plaintiff. You may lose money or propcrty or othcr rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF
YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL I.IELP. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LA WYER,
IF YOU CANNOT AFFORD TO I-liRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is rcquired 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 bcfore the court, pleasc contact our office. All arrangements must be mode at
least 72 hours prior to any hcaring or business before the court. You must attend the
scheduled conference or hcaring.
"
GAIL L. UNGER,
Plaintit1'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v.
CIVIL ACTlON.LA W
IN CUSTODY
RICARDO A. JEFFERIES,
Dcfemlant
NO. 95-3871
CIVIL TERM
PETITION TO 1\10J>lFY CUSTOIlY ORnER
\. The Pctition of Gail L. Unger, by her allorneys, the Family Law Clinic,
respectfully represcnts that on May 22, 2000, an Ordcr of Court was entered for custody
of Ricardo A. Jefferies, Jr.. born Septembcr 27, 1985, Justin M, Jefferies, born August 6,
1987, and Jasmine N. Jcfferies, born January II, 1989. A true and corrcct copy of the
Order is allachcd as "Exhibit A."
2. Under thc existing Ordcr, Gail L. Unger (hereinafter "Mother") has
primary physical custody of the children and Ricardo A. Jet1"cries (hereinafter "Father")
has partial physical custody. The parties share legal custody of the child.
3. This Ordcr should be modificd because:
a. In 2001, Father pI cd guilty to charges ofscxually assaulting
his daughter Jasmine. Father is now required to registcr as a
scx offender under Megan's Law.
b. On July 19,2005, a Finall'rotection From Abuse Order was
entered and signed by the Honorable Judge Kevin A Hess to
prevent Father from abusing, stalking, harassing, threatening,
or contacting his daughter Jasmine. A true and correct copy
of the Order is allachcd as "Exhibit B."
c. The Final Protcction From Abuse Order expires on January
19,2007. At that time, Jasmine will be 18 years old.
d. The parties' other two children, Ricardo and Justin, have
alrcady reached 18 ycars of age.
'L
A NE ~CDONALD-
LUCY J HNSTON-WALS
THOMAS M. PLACE
ROBERT E, RAINS
Supervising Attorneys
WIIEREFORE, Pluinlil1' respectfully requests Ihullhe Court grunt her sole legal
und physicul ellslody of Jasmine N. Jeflcries.
Dule J(~/{Y)
FAMILY LAW CLINIC
45 North Pitt Slreet
Carlisle, Pa 170 I 3
(717)243-2968
.'
VERIFICATION
I verilY thatlhe stutements mude in this Custody Compluint are true and correct to
the bcst of my personal knowledge and belief. I undcrstand that false statcmcnts hcrein
urc made subjeetto the penalties of 18 Pa.C,S. 4904, rclatingto unsworn falsification to
uUlhorilies.
Datc:-6J ~() \ OS
Y\w l \ ~<~~QJ\
Gail L. Unger, I'hiintl
GAIL L. UNGER,
plaintiff/Respondent
IN THE CDURT OF CXX'll'lOO PLEAS OF
CUMBERLAND CXXlNTlt', PENNSYLVANIA
vs.
NO. 95-3871 CIVIL TERM
CIVIL ACTION - LAW
RICARDO A. JEFFERIES,
Defendant/Petitioner
CUSTODY
aU>ER OF CXXlRT
AND toI, this ? ? day of ~ ' 2000, upon
consideration of the at~CUstody Ccnc at n Report, it ia ordered
and directed as follows:
1. 'l11e custody provisions of the prior Order of this Court dated July
26, 1995 are vacated and replaced with this Order.
2. 'l11e Mother, Gail L. Unger, and the Father, Ricardo A. Jefferies,
shall have shared legal custody of Ricardo A. Jefferies, Jr., born
September 27, 1985, Justin M. Jefferies, born August 6, 1987, and Jasmine
N. Jefferies, born January 11, 1989. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being
inclUding, but not limited to, all decisions regarding their health,
educatioo and religion. Both parents shall be entitled to have access to
the Children's school and medical records.
3. 'l11e Mother shall have primary physical custody of the Children.
4. 'l11e Father shall have partial physical cuatody of the Children
during the two weekends each month when the Father does not work, from
Friday at 7:00 p.m. through SUnday at 4:00 p.m. 'l11rough June 2000, the
Father's periods of weekend custody shall take place on the following
dates: May 26 through 28, June 2 through 4, and June 23 through 25.
'l11ereafter, the Father shall provide at least thirty days advance notice to
the Mother of the two weekends per m::>nth when he does not work.
Notwithstanding the foregoing, for the Father's first 8 periods of
custody with the Children 'bnder this Order, the period of custody for the
parties' daughter, Jasmine, shall be limited to Saturdays from 6:00 a.m.
until 4:00 p.m. BegiMing with the Father's ninth period of custody under
. this Order, the custody schedule for Jasmine shall be the same as the
schedule for the parties' two older Children.
5. with the exception of the eight Saturday periods of custody for
Jasmine, the party receiving custody of the Children shall be responsible
to provide transportation for the exchange of custody. For the eight
Saturday periods of custody, the Mother shall transport Jasmine to the
Father's residence at 6:00 a.m. and the Father shall return Jasmine to the
Mother's residence at 4:00 p.m.
I
EXHIBIT
A
",
6. 'l11e Father shall ensure that the Olildren have adult supervision
durirr;J his periods of custody.
7. 'l11e Father shall ensure that the Olildren do not go into Memorial
Park in carlisle durirr;J his periods of custody.
8. Both parties shall ensure that the Olildren are properly fed
durirr;J their periods of custody.
9. 'l11is oreer is entered p.lrsuant to an agreement of the parties at a
CUstody conciliaticn Conference. The parties may modify tha provisions of
this order by llUtual consent. In the absence of llUtua1 consent, the terms
of this oreer shall control.
BY THE CXXlRT,
tlJ,!I~11.f! &;.y J,
cc: Andrew Mort'Clli and 'l11anas Place, Esquire - Counsel for Mother
'l11anas S. Diehl, Esquire - counsel for Father
.
Tnu:: C~'3'.' r. "",' ~-C"'''D
. '. ..1 t__ .._,~
In T"sLmnr.'!..'1 ,.' . I ,; . ,.' ":.1 :I1Y hand
and lhe ceal of SN! (ourl ot C.r1is!~. Pa.
~;~fl'~::~ df,~
Prothonotary~
vs.
NO. 95-3871 CIVIL TERM
CIVIL AC'rIOO - LAW
~
GAIL L. UNGER,
p1aintiff/Rospondent
IN TIlE CXXJR'l' OF cnlMOO PLEAS OF
ctlMBERIJIND ~, PENNSYLVANIA
RICAROO A. JEFFERIES,
Defendant/Petitioner
CUS'l'ODy
PRICE JlJDGE: Edgar B. Bayley
~;u::m.u~ ClCIlCILIATIaI SlMIARY REPCRT
IN ACXntDANCB wrm cnmBRLAND anmt' RDLE a! CIVIL P11/)..... "JI.(B
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. !Itle pertinent information concerning the Children who are the
subjects of this litigation is as follows:
~
Ricardo A. Jefferies, Jr.
Justin M. Jefferies
Jasmine N. Jefferies
DATE OF BIRlB
aIIl1Ultll'LY IN ~-.LU1t OF
I
September 27, 1985
August 6, 1987
January 11, 1989
Mother
Mother
Mother
2. A conciliation COnference was held on April 12, 2000, with the
following individuals in attendance: 'l'he Mother, Gail L. Unger, with her
counsel, Andrew Morrow, Legal Intern, Jennifer Jones, Legal Intern and
!Itlanas Place, Esquire, and the Father's counsel, 'l'hanas S. Diehl, Esquire.
!Itle Father, Ricardo A. Jefferies, did not attend the COnference, although
he was the moving party on the Petition for Modification.
3. !Itle Mother and the Father (through his counsel) agreed to entry of
an Order in the fom as attached.
.
a-~
Dawn S. sunday, Esqu re
Custody COnciliator
t1'1t-.".C,L 17: ::J.1'Jn()
Dat~ . - (f
RICARDO A. JEFFERIES,
Defendant
: NO. 05-3549
CIVIL TERM
GAIL L. UNGER, ulI behalf of her
minor child, Jasmine N. Jefferies
PlaintifT
: IN TIlE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: IN PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Ricardo A. Jefferies
Defendant's Date of Birth: 05/09/66
Defendant's Social Security Number: 240-48-3340
Names of All Protected Persons, including Plaintiffs and minor children:
Jasmine Niehole Jefferies
AND NOW, this ~ day of~, 2005, the defendant having received
notice of the hearing on the Petition for Protection from Abuse and having failed to
appear for the scheduled hearing, and the court having jurisdiction over the parties and
the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows:
[X] I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
[X] 2. Defendant is excluded from the residence at 78A West Louther Street, Carlisle,
PA 17013 or any other residence where Plaintiff may live. Defendant shall have no right
or privilege to enter or be present on the premises.
[X] 3. Except for such as provided in Paragraph 5 of this Order, Defendant is prohibited
from having ANY CONTACT with the Plaintiff or any other protected person at any
location, including but not limited to any contact at the Plaintirrs school, business, or
place of employment.
[X] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
Plaintiff by telephone or by any other means, including through third persons.
[X] 5. Custody of the minor child, ,JlIsmine Nichole Jefferies, shall be as follows:
EXHIBIT
I 13
'.
Plaintiff Gall Unger sball buve sole legal and pbysleal eustody of Jasmine
Nlebole Jefferies pending furtber Order of Court In the eustody matter No,
95-3871.
[] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, lhe following weapons used or
lhreatened to be used by Defendant in an act of abuse against Plainliff and/or the minor
child/ren:
lI7. Defendant is prohibited from posscssing, transferring or acquiring any other
weapons for the duration of this order. Any weapons delivered to the sheriff under
paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be
returned until further order of court.
Il 8. The following additional relief is granted as authorized by ~ 6108 of the Act:
II 9. Defendant is directed to pay temporary support for: _ as follows: _'
This order for support shall remain in effect until a final support order is entered by this
Court. However, this order shall lapse automatically if the Plaintiff does not file a
complaint for support with the court within fifteen days of the date of this order. The
amount of this temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be detennined in accordance with the guidelines at the support
hearing. Any adjustments in the final amount of support shall be credited, retroactive to
this date, to the appropriate party.
lIIO. The costs of this action are waived as to the Plaintiff and imposed on Defendant.
Ill\. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-
pocket losses, which are as follows: OR
[] Plaintiff is granted leave to present a petilion, with appropriate notice to
Defendant. to requesting recovery of out-of-pocket losses. The petition shall
include an exhibit itemizing all cliamed out-of-pocket losses, copies of all bills and
estimates of repair, and an order scheduling a hearing. NO fee shall be required by lhe
Prothonotary's office for the tiling of this petition.
lI12. BRADY INDICATOR.
[X] I. The Plaintiffs or proleeled pcrson(s) is a spouse, fonner spouse, a person who
cohabitates or has cohabitated with thc Defendant. a parent of a common child, a child of
that person, or a child of the Defcndant
[X] 2. This order is bcing entercd ancr a hcaring of which lhe Defendant received actual
notice and had an opportunity to bc hcard.
'.
[X] 3. Pllragraph I of this Order hils been chccked to restrain the Defendant from
harassing, stalking, or threatening Plaintiffs or protected person(s).
[J 4. Defcndant represents II credible threat to the physical safety of the Plaintiffs or
othcr protected person(s) OR
[X] 5. The lerms of this Order prohibit Defendallt from using, allempting to use, or
threatening to use physical force against the Plaintiff or protected person that would
rcasonably be expectcd to cause bodily injury.
[X) 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [X] ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this order shall expire in eighteen months, on January 19,2007.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C.
~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER YOU MAYBE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 99 2261 -
2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE
SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER TIlE
"BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 99 922(G), FOR
POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforecd by the police who have jurisdiction over lhe
plaintifrs residence OR any location where a violation of this order occurs OR whcre the
dcfendant may be located. If defendant violates Paragraphs I through 4 of this Order. an
arrest may be made without warrant, based solcly on probablc cause, whelher or not the
violation is commilled in thc prcsence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall scize all wcapons used
or threatencd to bc used during thc violation of this Order OR during prior ineidents of
abuse. Wcapons must forthwith he delivered 10 the Shcri1l's office of the county which
.,
issucd lhis Ordcr, whieh office shull muintuin pussession of the wcapons until further
Order of the this COllrt, unlcss the wCllpons are evidencc of a crime, in which case, they
shall remain with the law enforecmenl agency whose officer made thc arrest.
When thc dcfendant is plllced under arrest for violation of the Ordcr, the
defendant shall be taken to the appropriate authority or aUlhorities bcfore whom
Dcfendant is to be arraigned. A "Complainl for Indirecl Criminal Contempt" shalllhen
be compleled and signcd by the police officer OR thc plaintiff. Plaintiff's prcscnce and
signalure arc not rcquircd to file this compluint.
If sufficicnt grounds for violution of this Order are allegcd, the defendant shall be
arraigned, bond set, and both parties given notice of the date of the hcaring,
BY THE COURT:
;gJ;>>:.; a 'Jt~.
Judge
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RECEIVED SEP 062005
GAIL I.. UNGER,
PllIinlill'
IN TilE COURT OF COMMON Pl.EAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION.LA W
IN CUSTODY
v.
RICARDO A. JEFFERIES,
Defendllnt
NO. 95-3871
CIVIL TERM
I'I{AECII'E TO I'IWCF.F.I) IN
FOI{MA I'AUI'F.IUS
To the Prothonotary:
Kindly 1I11ow GlIiI L. Unger, thc PllIintill: 10 procecd in forma pauperis.
I, Brcndll Coppcde, of lhc FlImily Law Clinie, Certified Legal Intern, for the party
proceeding in forma pauperis, ccrtify thaI I bclieve lhc party is unable to pay the costs
and lhat I 11m providing frce legal scrvice to the party.
Dale:~
The Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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RECEIVED OCT 0 6 7nn~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy,PENNSYLVANIA
GAIL L. UNGER
Plainli ff
CIVIL ACTION LAW
95-3871
vs.
RICARDO A. JEFFERIES
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ,,,. day of Ochw ' 2005, upon
consideration ofthe attached Custody Concilialion Report, it is ordered and dircctcd as follows:
I. The prior Order ofthis Court dated May 22, 2000 is vacated and replaccd with Ihis Order.
2. The Mother, Gail L. Unger, shall have primary physical custody and sole legal custody of
Jasmine N. Jefferies, born January II, 1989.
3. The provisions ofthe Protection from Abuse Order dated July 19,2005 shall control as to the
Father's custody.
4. The Father may liIe a petition with the Court rcqucsting the scheduling of an additional
cuslody conciliation conference ifhe wishes to review thc custodial situation and seek cuslodial rights
with respect 10 the Child.
BY THE COURT,
./riL
J.
.
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, .,
GAIL L. UNGER
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
95.3871
CIVIL ACTION LAW
RICARDO A. JEFFERIES
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigncd Cuslody Conciliator submits the following report:
I. The pertinent information concerning the Child who is the subjecl of lhis litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jasmine N. Jefferies
January II, 1989
Mothcr
2. A custody conciliation confcrence was held on Octobcr 4, 2005, with the following
individuals in allcndance: The Mother's counsel, Brcnda Coppcde, Student Intern, and Anne
Macdonald-Fox, Esquire. Thc Mother's counsel indicatcd that the Mother was unable to obtain
transportation to the conference. The Father, Ricardo A. Jefferies, did not appear at the conference or
conlact the conciliator. The Mother's counsel indicatcd that the Father had been provided with the
legally requircd notice of the confercnce. This Court entered a Protcction from Abuse Order on
July 19, 2005 prohibiting the Father from having any contact with thc Child whatsoever and providing
that the Mother shall have sole legal and physical custody of the Child pending further Order of Court
in the custody maller. The Protection from Abuse Order also expressly states that it supercedes any
prior Order relating to child custody. The protective Ordcr expires on January 19, 2007 after the Child
allains thc age of 18.
3. Based on representations made by the Mothcr's counsel at the conferencc, the temlS of the
Protcction from Abuse Order datcd July 19, 2005 and the fact that the Fathcr neithcr appearcd for the
conciliation conference nor contacted the conciliator, the conciliator rccommends an Order in the fornl
as allached.
() (lvhu- J. d-Oo 5
Date .
la~,~
Dawn S. Sunday, Esquire
Custody Conciliator
GAIL L. UNGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
RICARDO A. JEFFERIES,
Defendant
NO. 95-3871
CIVIL TERM
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you, You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights important to you.
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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Assodation
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For infornlation about accessible
facilities and reasonable accommodations available to disabkd 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.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN CUSTODY
GAIL L. UNGER,
Plaintiff
RICARDO A JEFFERIES,
Defendant
NO. 95-3871
CIVIL TERM
PETITION TO MODIFY CUSTODY ORDER
I, The Petition of Gail L. Unger, by her attorneys, the Family Law Clinic,
respectfully represents that on May 22, 2000, an Order of Court was entered for custody
of Ricardo A. Jefferies, Jr., born September 27, 1985, Justin M. Jefferies, born August 6,
1987, and Jasmine N. Jefferies, born January II, 1989. A true and correct copy of the
Order is attached as "Exhibit A"
2. Under the existing Order, Gail L. Unger (hereinafter "Mother") has
primary physical custody of the children and Ricardo A. Jef1'eries (hereinafter "Father")
has partial physical custody. The parties share legal custody of the child.
3, This Order should be modified because:
a. In 2001, Father pled guilty to charges of sexually assaulting
his daughter Jasmine, Father is now required to register as a
sex offender under Megan's Law.
b. On July 19, 2005, a Final Protection From Abuse Order was
entered and signed by the Honorable Judge Kevin A Hess to
prevent Father from abusing, stallking, harassing, threatening,
or contacting his daughter Jasmine. A true and correct copy
of the Order is attached as "Exhibit B."
c. The Final Protection From Abust: Order expires on January
19, 2007. At that time, Jasmine will be 18 years old.
d. The parties' other two children, Ricardo and Justin, have
already reached 18 years of age.
WHEREFORE, Plaintiff respectfully requests that the Court grant her sole legal
and physical custody of Jasmine N. Jefferies.
Date t!{f)!QIJ
/tA(4rh ~
/~~bA COPP ---.
Certified Legal Intern
b' ~CDONALD- .
LUCY.J HNSTON-WALS
THOMA.S M. PLACE
ROBERT E. RAINS
Supervising Attomeys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, Pa 17013
(717)243-2968
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to
the best of my personal knowledge and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
Date: 81~o \OS
}'\cul \ ~Q)\
Gail L. Unger, PlaIntiff
"'
GAIL L. UNGER , . IN THE OOURT OF a:M<<:N PLEAS OF
.
plaintiff/Respondent . CUMBERLAND COONTY, PENNSn VANIA
.
.
.
VB. . NO. 95-3871 CIVIL.TERM
.
.
.
. CIVIL ACTICN - LAW
.
RICARDO A. JEFFERIES, .
.
Defendant/Petitioner . CUSTODY
.
aIDER OF <nJRT
AND IOf, this ? I) day of
consideration of the at~CUstody Conc1lJ.at
and directed as follows:
, 2000, upon
it is ordered
1. The custody provisions of the prior order of this Court dated July
26, 1995 are vacated and replaced with this order.
2. The Mother, Gail L. Unger, and the Father, Ricardo A. Jefferies,
shall have shared legal custody of Ricardo A. Jefferies, Jr., born
September 27, 1985, Justin M. Jefferies, born August 6, 1987, and Jasmine
N. Jefferies, born January 11, 1989. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion. Both parents shall be entitled to have access to
the Children's school and medical records.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the O1ildren
during the two weekends each month when the Father does not work, from
Friday at 7:00 p.m. through Sunday at 4:00 p.m. 'l'hroughJune 2000, the
Father's periodS of weekend custody shall take pla,oo on the following
dates: May 26 through 28, June 2 through 4, and June 23 through 25.
Thereafter, the Father shall provide at least thirty dclYS advance notice to
the Mother of the two weekends per month when he does not work.
Notwithstanding the foregoing, for the Father's first 8 periods of
custody with the O1ildren Under this order, the period of custody for the
parties' daughter, Jasmine, shall be limited to saturdays from 6:00 a.m.
until 4:00 p.m. Beginning with the Father's ninth period of custody under
. this Order, the custody schedule for Jasmine shall be the same as the
schedule for the parties' two older Children.
5. with the exception of the eight saturday periods of custody for
Jasmine, the party receiving custody of the O1ildren shall be responsible
to provide transportation for the exchange of custody. For the eight
saturday periods of custody, the Mother shall transport Jasmine to the
Father's residence at 6:00 a.m. and the Father shall re!turn Jasmine to the
Mother's residence at 4:00 p.m.
EXHIBIT
A
I
6. The Father shall ensure that the Children have adult supervision
during his periods of custody.
7. The Father shall ensure that the Children do not go' into Memorial
Park in Carlisle during his periods of custody.
8. Both parties shall ensure that the Children are properly fed
during their periods of custody.
9. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may 1IKXIify the provisions of
this order by IIUJtual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE CCXJRT,
1J/j'1Jf41L{l &!:f J.
cc: Andrew Morrow and Thomas Place, Esquire - Counse,l for Mother
Thomas S. Diehl, Esquire - Counsel for Father
.
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and the seal cf said Court at Carlisle, Pa.
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Prothonotary~
~
GAIL L. UNGER,
plaintiff/Respondent
: IN THE CDtJRT OF cx:lMMOO PLEAS OF
: CUMBERLAND O:xJNTY, PENNSYLVANIA
.
.
vs.
: NO. 95-3871 CIVIL TERM
.
.
.
.
CIVIL ACTIOO - LAW
RICARDO A. JEFFERIES,
Defendant/Petitioner
.
.
.
.
CUSTODY
I
,
PRICE JUDGE: Edgar B. Bayley
ClJ~;:J.'UJl! <XH:ILIATICN SlRIARY REPCRI.'
IN ACCX:lUlANCE WITS aJImERLAND CD:JSI'.l'Y RDLI~ CI!' CIVIL PRO "1<' 'J1<8
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the O1ildren who are the
subjects of this litigation is as follows:
NAME
DATE (R BIRl'H
CDRRENTLY IN ~:J.UJl! CI!'
Ricardo A. Jefferies, Jr.
Justin M. Jefferies
Jasmine N. Jefferies
I
September 27, 1985
August 6, 1987
January II, 1989
Mother
Mother
Mother
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Mother, Gail L. Unger, with her
counsel, Andrew Morrow, Legal Intern, Jennifer JOnE!S, Legal Intern and
Thomas Place, Esquire, and the Father's counsel, Thomas S. Diehl, Esquire.
The Father, Ricardo A. Jefferies, did not attend the Conference, although
he was the moving party on the Petition for Modificati,:)n.
3. The Mother and the Father (through his counsel) agreed to entry of
an Order in the form as attached.
..
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Custody Conciliator
Dater11o.o
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.
GAIL 1. ill"GER, on behalf of her
minor child, Jasmine N. Jefferies
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION-LAW
: IN PROTECTION FROM ABUSE
RICARDO A. JEFFERIES,
Defendant
: NO. 05-3549
CIVIL TERM
FINAL ORDER OF COURT
Defendant's Name: Ricardo A. Jefferies
Defendant's Date of Birth: 05/09/66
Defendant's Social Security Number: 240-48-3340
Names of All Protected Persons, including Plaintiffs and minor children:
Jasmine Nichole Jefferies
AND NOW, this ~ day of *, 2005, the defendant having received
notice of the hearing on the Petition for Protection from Abuse and having failed to
appear for the scheduled hearing, and the court having jurisdiction over the parties and
the subject-matter, it is ORDERED, ADJUDlCA TED and DECREED as follows:
[X] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
[X] 2. Defendant is excluded from the residence at 78A West Louther Street, Carlisle,
PA 17013 or any other residence where Plaintiff may live. Defendant shall have no right
or privilege to enter or be present on the premises.
[X] 3. Except for such as provided in Paragraph 5 ofthis Order, Defendant is prohibited
from having ANY CONTACT with the Plaintiff or any other protected person at any
location, including but not limited to any contact at the Plaintiff's school, business, or
place of employment.
[X] 4. Except as provided in Paragraph 5 of this Order, Deftmdant shall not contact the
Plaintiff by telephone or by any other means, including through third persons.
[X] 5. Custody of the minor child, Jasmine Nichole Jefferies, shall be as follows:
EXHIBIT
I 13
Plaintiff Gail Unger shall have sole legal and pbysical custody of Jasmine
Nichole Jefferies pending further Order of Court in the custody matter No.
95-3871.
[] 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, :the following weapons used or
threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor
child/ren:
[] 7. Defendant is prohibited from possessing, transferring or acqumng any other
weapons for the duration of this order. Any weapons delivered to the sheriff under
paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be
returned until further order of court.
[] 8. The following additional relief is granted as authorized by 9 6108 of the Act:
[) 9. Defendant is directed to pay temporary support for: _ as follows: _'
This order for support shall remain in effect until a final support order is entered by this
Court. However, this order shall lapse automatically if the Plaintiff does not file a
complaint for support with the court within fifteen days of the date of this order. The
amount of this temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support
hearing. Any adjustments in the final amount of support shall be credited, retroactive to
this date, to the appropriate party.
[) 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant.
[] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-
pocket losses, which are as follows: OR
[] Plaintiff is granted leave to present a petition, with appropriate notice to
Defendant, to requesting recovery of out-of-pocket losses. The petition shall
include an exhibit itemizing all cliamed out-of-pocket losses, copies of all bills and
estimates of repair, and an order scheduling a hearing. NO fee shall be required by the
Prothonotary's office for the filing of this petition.
[] 12. BRADY INDICATOR.
[X] I. The Plaintiffs or protected person(s) is a spouse, former spouse, a person who
cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of
that person, or a child of the Defendant.
[X] 2. This order is being entered after a hearing of which the Defendant received actual
notice and had an opportunity to be heard.
[X] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from
harassing, stalking, or threatening Plaintiffs or protected person(s).
[] 4. Defendant represents a credible threat to the physical safety of the Plaintiffs or
other protected person(s) OR
[X] 5. The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against the Plaintiff or protected person that would
reasonably be expected to cause bodily injury.
[X] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PF A ORDER AND [X] ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this order shall expire in eighteen months, on January 19,2007.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C.
9~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER YOU MAYBE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 992261 -
2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE
SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES UNDER THE
"BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 99 922(G), FOR
POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the
plaintiffs residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, an
arrest may be made without warrant, based solely on probable cause, whether or not the
violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used
or threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which
issued this Order, which office shall maintain possession of the weapons until further
Order of the this Court, unless the weapons are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made the arrest.
When the defendant is placed under arrest for violation of the Order, the
defendant shall be taken to the appropriate authority or aUlthorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then
be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and
signature are not required to file this complaint.
If sufficient grounds for violation of this Order are alleged, the defendant shall be
arraigned, bond set, and both parties given notice ofthe date of the hearing.
BY THE COURT:
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Judge
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GAIL 1. UNGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
RICARDO A. JEFFERIES,
Defendant
NO. 95-3871
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Gail 1. Unger, the Plaintiff, to proceed in forma pauperis.
I, Brenda Coppede, of the Family Law Clinic, Certifiied Legal Intern, for the party
proceeding in forma pauperis, certify that I believe the party is unable to pay the costs
and that I am providing free legal service to the party.
Date:~
~-r
/ ~3RENDA COP DE -
Certified Legal Intern
,----
-
ANNE NALD-F
Supervis' g Attorney
The Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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GAIL L. UNGER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
95-3871
CIVIL ACTION LAW
RICARDO A. JEFFERIES
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, September 08, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechauicsburg, P A 17055 on Tuesday, October 04, 2005
, the conciliator,
at 10:00 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 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 bearine.
FOR THE COURT.
By: Isl
Dawn S. Sundav. 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 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
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
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Plaintiff
RECEIVED OCT 0 6 2nO~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GAIL 1. UNGER
vs.
95-3871
CNIL ACTION LAW
RICARDO A. JEFFERIES
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ,1,. day of Oeh"- , 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated May 22,2000 is vacated and replaced with this Order.
2. The Mother, Gail 1. Unger, shall have primary physical custody and sole legal custody of
Jasmine N. Jefferies, born January 11, 1989.
3. The provisions ofthe Protection from Abuse Order dated July 19, 2005 shall control as to the
Father's custody.
4. The Father may file a petition with the Court requesting the scheduling of an additional
custody conciliation conference ifhe wishes to review the custodial situation and seek custodial rights
with respect to the Child.
BY THE COURT,
. A"4-
evin A. Hess J.
cc:~enda Coppede and Anne Macdonald-Fox, Esquire - Counsel for Mother
~cardo A. Jefferies, Father
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GAIL L. UNGER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
95-3871
CIVIL ACTION LAW
RICARDO A. JEFFERIES
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
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
Jasmine N. Jefferies
January 11,1989
Mother
2. A custody conciliation conference was held on October 4, 2005, with the following
individuals in attendance: The Mother's counsel, Brenda Coppede, Student Intern, and Anne
Macdonald-Fox, Esquire. The Mother's counsel indicated that the Mother was unable to obtain
transportation to the conference. The Father, Ricardo A. Jefferies, did not appear at the conference or
contact the conciliator. The Mother's counsel indicated that the Father had been provided with the
legally required notice ofthe conference. This Court entered a Protection from Abuse Order on
July 19, 2005 prohibiting the Father from having any contact with the Child whatsoever and providing
that the Mother shall have sole legal and physical custody of the Child pending further Order of Court
in the custody matter. The Protection from Abuse Order also expressly states that it supercedes any
prior Order relating to child custody. The protective Order expires on January 19, 2007 after the Child
attains the age of 18.
3. Based on representations made by the Mother's counsel at the conference, the terms of the
Protection from Abuse Order dated July 19, 2005 and the fact that the Father neither appeared for the
conciliation conference nor contacted the conciliator, the conciliator recommends an Order in the form
as attached.
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Custody Conciliator