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HomeMy WebLinkAbout03-6233TRISHA REYNOLDS, VS. JORDAN T. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ,c;,~'~ ~) ,,~..~,.~ : CIVIL ACTION - LAW : CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the follow/rig pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. 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 Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en con~'a de su persona. Sea avisado que si usted no se defiende, la corte tomarti medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda, usted puede perder dinero o sus propiedades o otros derechos importantes para usted. Page 1 of 2 LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4~ Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 TRISHA REYNOLDS, VS. JORDAN T. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : qo. O,Y- 6.233 : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, this ~'-~ay of November, 2003, comes the Plaintiff, TRISHA REYNOLDS, by her attorney Michael D. Rentschler, Esquire, and respectfully requests the following: 1. Your Plaintiff is Trisha Reynolds, an adult individual, who currently resides at 115 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendant is Jordan T. Phillips, an adult individual; whose last known address is 1409 N. Front Street, Harrisburg, Dauphin County, PA. 3. The Plaintiff and Defendant are the natural parents of one minor child, namely, Kyana Phillips, born January 11, 2000 (hereinafter "Child"). 4. The Child has lived with the following persons at the following addresses and with the following persons, as follows: a. Mother and Father, 200 Button Street, Santa Cruz, California, from birth to February 2001; b. Mother and Father, 169 Park Avenue, Felton, California, from February 2001 to February 5, 2002; c. Mother, 115 Hummel Avenue, Lemoyne, Pennsylvania, from Februaw 5, 2002 to current date. 5. Plaintiffbelieves it is in Child's best interest that she be granted sole physical and legal custody of the Child, or primary physical and legal custody with Defendant having visitation rights as the parties should mutually agree for the following reasons: a. Defendant has not contacted the Child, nor had any meaningful relationship with the Child since February 2002; b. Defendant has not informed Plaintiff of his whereabouts recently, except that Mother has determined that Defendant has most recently been in Las Vegas, Nevada; c. Defendant has not adequately provided for the Child, monetarily, socially or spiritually; d. Plaintiff has a home with suitable arrangements for the minor child to reside with her; and e. Mother is fearful that Father may present himself to the Child and remove the Child from the home and the jurisdiction of the Court, leaving Mother with little to no redress in that event. 6. The Court of Common Pleas of Cumberland County has jurisdiction in this case since Mother and Child have resided in Pennsylvania in excess of the statutorily prescribed length of time. 7. There have not been any prior actions for custody of the minor Child in Pennsylvania or elsewhere. WHEREFORE, Plaintiff, Trisha Reynolds, by her attorney Michael D. Rentschler, Esquire, respectfully prays your Honorable Court to grant her sole physical and legal custody or 2 physical and legal custody with Defendant having visitation at such times as the parties should mutually agree. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE Attorney I.D. No. 45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff 3 VERIFICATION I, Michael D. Rentschler, Esquire, attorney for Plaintiff Trisha Reynolds, do hereby acknowledge that the statements contained in the within document are tree and correct to the best of my information and belief. I also acknowledge that I am authorized to sign this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Michael D. Rentschler, Esquire Date: TRISHA REYNOLDS, VS. JORDAN T. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : CUSTODY MOTION FOR LEAVE TO PERMIT SERVICE OF COMPLAINT BY PUBLICATION AND NOW, this ,,~.~'~;day of November, 2003, comes the Plaintiff, TRISHA REYNOLDS, by her attorney Michael D. Rentschler, Esquire, and respectfully requests the following: 1. Your Plaintiff is Trisha Reynolds, an adult individual, who currently resides at 115 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendant is Jordan T. Phillips, an adult individual; whose last known address is 1409 N. Front Street, Harrisburg, Dauphin County, PA. 3. The Plaintiff and Defendant are the natural parents of one minor child, namely, Kyana Phillips, bom Janumy 1 l, 2000 (hereinafter "Child"). 4. The Child has lived with the following persons at the following addresses and with the following persons, as follows: a. Mother and Father, 200 Button Street, Santa Cruz, California, from birth to February 2001; b. Mother and Father, 169 Park Avenue, Felton, California, from February 2001 to February 5, 2002; c. Mother, 115 Hummel Avenue, Lemoyne, Pennsylvania, from February 5, 2002 to current date. 5. Contemporaneous with the filing of this Motion, the Plaintiff has filed a Complaint for Custody of the minor Child, in Cumberland County, Pennsylvania. 6. The basis for seeking custody of the child, as stated in the Complaint for Custody, is that Plaintiffbelieves it is in Child's best interest that she is granted sote physical and legal custody of the Child, or primary physical and legal custody with Defendant having visitation rights as the parties should mutually agree, because: a. Defendant has not contacted the Child, nor had any meaningful relationship with the Child since February 2002; b. Defendant has not informed Plaintiff of his whereabouts recently, except that Mother has determined that Defendant has most recently been in Las Vegas, Nevada; c. Defendant has not adequately provided for the Child, monetarily, socially or spiritually; d. Plaintiffhas a home with suitable arrangements for the minor child to reside with her, and e. Mother is fearful that Father may present himself to the Child and remove the Child from the home and the jurisdiction of the Court, leaving Mother with no redress in that event. 7. The Court of Common Pleas of Cumberland County has jurisdiction in this case since Mother and Child have resided in Pennsylvania in excess of the statutorily prescribed length of time. 8. There have not been any prior actions for custody of the minor child in Pennsylvania 2 or elsewhere. 9. There has been a consceincious investigation by the undersigned counsel to obtain a current address for Defendant by contacting the Cumberland County Domestic Relations Office, the United States Postal Service, and the Pennsylvania Department of Transportation. None of those resources has resulted in a good address for Defendant, other than the Cumberland County Domestic Relations Office believes that he was in Las Vegas, Nevada. WHEREFORE, Plaintiff, Trisha Reynolds, by her attorney Michael D. Rentschler, Esquire, respectfully prays your Honorable Court to grant the within Motion and permit Defendant to be served by publication. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE Attorney I.D. No. 45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff 3 TRISHA REYNOLDS, VS. JORDAN T. PHILLIPS, Plaintiff Defendant DE 02 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : CUSTODY ORi)ER AND NOW, this ~'~ day of ~ ,2003, upon consideration of Plaintiff's Motion for Leave to Permit Service of Complaint by Publication, said Motion is hereby GRANTED. BY TO COURT: Distribution: Court Administrator'sOffice ~Iichael D. Rentschler, Esqu~,~~ ,J. TRISHA REYNOLDS PLAINTIFF JORDAN T. PHILLIPS DEFENDANT IN ]HE COURf Oi~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6233 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW,. Wednesday, January 14, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, February 03, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a~e five or older may also be l~resent at the conference. Failure to ap!0ear 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 hearinl~. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply w/th the Americans w/th 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 belbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRISHA REYNOLDS, Plaintiff V. JORDAN T. PHILLIPS, Defendant / APR 3 0 2004 ~¢' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6233 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J.-- ORDER OF COURT AND NOW, this "/" day of Al~ri(, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered ,and directed as follows: 1. Legal Custody. The Mother, Trisha Reynolds, shall have legal custody of the minor child, Kyana Phillips, born January 11,2000. 2. Physical Custody. The Mother, Trisha Reynolds, shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as the parties may mutually agree. 3. Counsel for the Mother shall file a Return of Service of the Complaint and Order scheduling the Custody Conciliation Conference by publication within ten (10) days of the date of this Order. 4. Counsel for the Mother shall make reasonable efforts to serve Father with a copy of this Order and shall file a Return of Service as to this Order after service has been completed. 5. In the event that the Father is aggrieved by the terms of this Order, Father retains the right to petition the Court for modification of the Custody Order after which the matter will be referred to the Custody Conciliator in the ordinary course. Dist: BY THE COURT: Michael Rentschler, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 Jordan T. Phillips, 1409 N. Front Street, Harrisburg, PA 17102 A~¥1ONOFDD~J alii .:lO TRISHA REYNOLDS, Plaintiff V, JORDAN T. PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6233 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Kyana Phillips DATE OF BIRTH January 11,2000 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on April 22, 2004. Present for the conference was Michael Rentschler, Esquire, counsel for the Mother. Counsel reported that Mother was unable to attend due to work obligations. Father did not attend. 3. On November 25, 2003, Mother's counsel filed a Motion for Leave of Court to provide notice of the hearing by publication. On December 5, 2003, Judge Hess granted Mother's Motion for Leave to serve Defendant by publication. On the day of the Custody Conciliation Conference, Mother's counsel provided a faxed Las Vegas Journal payment receipt and a copy of the publication which had occurred on March 31, 2004, April 7, 2004 and April 14, 2004. The fax was annotated that an affidavit would follow from Donna Stark. 4. Father's position on custody is unknown as he did not attend the conference and did not contact the Conciliator's office. 5. Mother's position on custody is that she should have sole legal and physical custody of the child as Father has not contacted the child or had any meaningful relationship with the child since February 2002 and his specific whereabouts are unknown. Mother's pleadings indicate that she is fearful the Father will take the child from this jurisdiction. NO. 03-6233 CIVIL TERM 6. Inasmuch as the Mother's Petition is unopposed and her counsel has provided proof of service by publication in the community that the Domestic Relations ©ffice has last known the Father to reside, the Conciliator makes the a..~hed recommended Order. Date Melissa Peel Greevy, Esquire Custody Conciliator :227926 LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32na Street Camp Hill, Pennsylvania 17(]~11 Telephone (717) 975-9129 Facsimile (717) 975-2939 Tina Winpenny, Legal Assistant May 13, 2004 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Reynolds v Phillips No. 03-6233 Civil Term - Custody Dear Sir/Madam: I have enclosed an original and two copies of an affidavit of publication as evidence of service. Very truly yours, Michael D. Rentschler Enclosure AFFP DISTRICT COURT Clark County, Nevada AFFIDAVIT OF PUBLICATION STATE OF NEVADA) COI/NTY OF CLARK) SS: Donna Stark, being 1st duly sworn, deposes and says: That she is the Legal Clerk for the Las Vegas Review Journal and the Las Vegas Sun, daily newspapers regularly issued, published and circulated in the City of Las Vegas, County of Clark, State of Nevada, and that the advertisement, a t~e copy attached for, RENTSCHLER, MICHAEL ESQ 0759129REN 3277547 was continuously published in said Las Vegas Review Journal and/or Las Vegas Sun in 3 edition(s) of said newspaper issued from 03/31/2004 to 04/14/2004, on the following days: MARCH 31, APRIL 7, 14, 2004 Signed: SUBSCRIBED AND SWORN BEFORE ME THIS THE day of ~ 2004 Notary AFFP DISTRICT COURT Clark County, Nevada AFFIDAVIT OF PUBLICATION STATE OF NEVADA) COUNTY OF CLARK) SS: Donna Stark, being 1st duly sworn~ deposes and says: That she is the Legal Clerk ~or the Las Vegas Review-Journal and the Las Vegas Sun, daily newspapers regularly issued, published and circulated in the City o[ Las Vegas, County of Clark, State o~ N~vada, and that ~;he advertisement, a ~ru~ copy attached ~or, RENTSCHLER, MICHAEL ESQ 3277547 9759129REN was continuously published in said Las Vegas Review Journal and/or Las Vegas Sun in edition{s} o~ said newspaper issued from 03/31/2004 to 04/14/2004, on the following days: MARCH 31, APRIL 7, 14, 2004 SUBSCRIBED AND SWORN BEFORE ME 'PHIS THE ~ day of ~ 2004 Notary Pu~' ~:~ AFFP DISTRICT COURT Clark County, Nevada AFFIDAVIT OF pUBLICATION STATE OF NEVADA) COLTNTY OF CLARK) SS: Donna Stark, being 1st duly sworn, deposes and says: That she is the Legal Clerk for the Las Vegas Review Journal arid the Las Vegas Sun, daily newspapers regularly issued, published and circulated in the City of Las Vegas, Cotknty of Clark, State of Nevada, and that ~he advertisement, a tru~ copy attached for, RENTSCBLER, MICHAEL ESQ 3277547 9759129REN was continuously published in said Las Vegas Review Journal and/or Las Vegas Sun in edition(s) of said newspaper issued from 03/31/2004 to 04/14/2004, on the following days: MARCH 31, APRIL 7, 14, 2004 signed:_ 2004 SUBSCRIBED ~ SWORN BEFORE ME THIS THE _ day of ~ N~, 99-S39~,8,1 ·