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HomeMy WebLinkAbout03-3936ERIKA LEGASSEY, TOBY LEGASSEY, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ~<['~,~ ~ CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffis Erika LeGassey, residing at 115 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Toby LeGassey, who currently has no permanent residence. 3. The plaintiff seeks custody of the following children: Name Present Residence D.O.B. Austin Joseph LeGassey 115 South Enola Drive 5/4/97 Enola, PA 17025 Joshua Wesley LeGassey 115 South Enola Drive 4/18/00 Enola, PA 17025 The children were not bom out of wedlock. The children are presently in the custody of the mother, who resides at 115 South Enola Drive, Enola, PA 17025. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Erika LeGassey Toby LeGassey Britney Murray (half-sibling) Tyler Murray (half-sibling) Ruth Murray (plaintiff's mother) Jack Baker (plaintiff's step-father) Address 115 South Enola Drive Enola, PA 17025 Date May 1997-Oct. 1998 Erika LeGassey Toby LeGassey Britney Murray Tyler Murray Erika LeGassey Toby LeGassey Brimey Murray Tyler Murray Erika LeGassey Toby LeGassey Britney Murray Tyler Murray Erika LeGassey Toby LeGassey Britney Murray Tyler Murray Erika LeGassey Britney Murray Tyler Murray Ruth Murray Jack Baker Erika LeGassey Tyler Murray Ruth Murray Jack Baker 300 3ra Street Enola, PA 17025 600 3ra Street Enola, PA 17025 506 3rd Street Enola, PA 17025 314 2nd Street Enola, PA 17025 115 South Enola Drive Enola, PA 17025 115 South Enola Drive Enola, PA 17025 Oct. 1998-Dec. 1999 Dec. 1999-Dec. 2000 Dec. 2000-Dec. 2001 Jan. 2002-Jan. 2003 Jan. 2003-June 2003 June 2003-present The mother of the children is Erika LeGassey, currently residing at 115 South Enola Drive, Enola, PA 17025. She is single. The father of the children is Toby LeGassey, who currently has no permanent address. He is single. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Austin LeGassey son Joshua LeGassey son Tyler Murray son Ruth Murray mother Jack Baker step-father 5. The relationship of defendant to the children is that of father. The defendant does not have a permanent residence and he stays with various individuals. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. The mother has been the primary caregiver since the children's birth. b. The mother is the parent who can best facilitate contact with the children and the other parent. c. The children have a close relationship with their mother's children, Britney Murray and Tyler Murray, their half-siblings, with whom they have resided since their births. d. The mother has appropriate accommodations for the children, means of transportation, and can provide for their physical, emotional, and medical needs. e. The father has not acted in the best interest of the children in ways including, but not limited to the following: i. The father has been threatening to take the children and relocate to Maine without the mother's consent. ii. The father has no permanent residence. iii. The father has difficulty holding steady employment. iv. The father abuses alcohol, which adversely affects the children. On more than one occasion, the father has driven under the influence with the children in the vehicle. f. A custody order will stabilize the situation. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the children to the plaintiff with partial custody in the defendant at times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. Erica Legassey~ Plaintiff ER]ICA LEGASSEY, V. TOBY LEGASSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-~3~aY-CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Erika LeGassey, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney 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 services to the party. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ERIKA LEGASSEY : PLAIN~FF : : V. TOBY LEGASSEY : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3936 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 14, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. J the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 12, 2003 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an eflYrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney. Esq, Y 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 indiv/duals 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 ~he court. You must attend the scheduled conference or heating. ' YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT .ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ERIKA LEGASSEY, TOBY LEGASSEY, : In the Court of Common Pleas of Plaintiff : : Cumberland County, Pennsylvania VS. ; : No. 03-3936 Civil Term : Defendant : Custody CUSTODY ORDER of.___~L~ ~003, following Order is entered by AND NOW, this ~ day the consent of the parties with regard to custody of the parties' children, Austin Joseph LeGassey, born on May 4, 1997, and Joshua Wesley LeGassey, born on April 18, 2000. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have pr/mary physical custody of the children. 3. The father shall have partial custody of the children on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties. 4. The parties shall alternate the following holidays: New Years Day, Memorial Day, Fourth of July, and Labor Day. a. In 2004 and even numbered years thereafter, the mother shall have custody of the children on New Years Day and Memorial Day. The father shall have this holiday schedule in odd numbered years. b. In 2004 and even numbered years thereafter, the father shall have custody of the children on the Fourth of July and Labor Day. The mother shall have this holiday schedule in odd numbered years. 5. The parties shall share the Easter and Thanksgiving Day holidays with the mother having the children from 8:00 a.m. until 2:00 p.m., and the father having the 10. Il,¸ 12. children from 2:00 p.m. until 6:00 p.m. (through the weekend if it is his scheduled weekend with the children). The father and mother shall share the Christmas holiday with the mother having the children on Christmas Eve from 6:00 p.m. until 2:00 p.m. the following Christmas Day, and the father having the children from 2:00 p.m. until 6:00 p.m. on Christmas Day. The father shall have the right to partial custody of the children for two (2) weeks in July. If the father takes the children out of Pennsylvania, he shall keep the mother informed as to the address and phone number in case of an emergency or necessary contact with the children. During any periods of custody, the parties shall always keep each other informed of any changes in their address or phone number~ Both parties shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. During any periods of custody, the parties to this Order shall not possess or use any controlled substance nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. Neither party shall drive the children if he/she has been drinking. The mother and father, by mutual agreement, may vary from this schedule at any time, but this Order remains in effect pending further Order of Court regarding custody. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the children are in that parent's care. 13. 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 and natural development of the children's love or respect for the other parent. ~ By' the , Judge This Order is e~gered l~ursuant to the consent of Plaintiffand Defendant: Erika LeGas~y, Plaintiff / ~ Toby LeOassey, Defendant pro ~ M~i n ~enn ~;~°~ s°~laintiff 8 Irvine Row, Carlisle, PA 17013 3 SEP ZZO03 ERIKA LEGASSEY, Plaintiff V. TOBY LEGASSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : NO. 2003-3936 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of September, 2003, the Conciliator being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , Esquire, Custod~onciliator