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Jacob v. Shultz-Jacob

Superior Court of Pennsylvania
923 A.2d 473 (2007)


Facts

Jodilynn Jacob (plaintiff) and Jennifer Shultz-Jacob (defendant) lived together as a couple for approximately nine years in York County, Pennsylvania. During that time, Shultz-Jacob adopted her nephews A.J. and L.J., and gave birth to two other children, Co.J. and Ca.J., through artificial insemination. The sperm donor, Carl Frampton (defendant), was a friend of the couple and continued to be a part of his children’s lives after their birth. He urged them to call him “Papa” and contributed financially to their upbringing. Jacob and Shultz-Jacob eventually separated. Shultz-Jacob moved with all four children to Dauphin County. Jacob sued both Shultz-Jacob and Frampton in a York County court for sole legal and physical custody of the children. Shultz-Jacob then sued Jacob in a Dauphin County court, seeking child support for Co.J. and Ca.J. Jacob sought to join Frampton in the support suit as a contributor, but the court denied her motion. The court ordered that Jacob pay approximately $983 in monthly support. After a trial, the court ordered that Jacob, Shultz-Jacob, and Frampton share custody. Jacob was given primary physical custody of L.J.; Shultz-Jacob was given primary physical custody of A.J., Co.J., and Ca.J; Frampton was given custody of Co.J. and Ca.J. one weekend a month. Jacob appealed both the support and the custody orders.

Rule of Law

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Issue

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Holding and Reasoning (Kelly, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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