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Home My WebLink About04-02321N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDA L. FOX, Plaintiff JON M. FOX and JESSICA J. LACAVA, Defendants CIVIL ACTION - LAW IN CUSTODY NO. 2004- NOTICE 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 aj udgment 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado austed en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion ypor cualguier queja o alivio que es pedido en la peticion de dc~nanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO T[ENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ! 7013 (717) 249-3166 HANFT & KNIGHT, P.C. Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249~5373 Attorneys for Plaintiff CINDA L. FOX, Plaintiff JON M. FOX and JESSICA J. LACAVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2004- COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 15th day of January, 2004, comes Plaintiff, Cinda L. Fox, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint for Primary Custody and in support thereof avers as follows: 1. The Plaintiff is Cinda L. Fox, an adult individual residing at 6 Irvin Drive, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants are Jon M. Fox, an adult individual residing at 60 South Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania; and Jessica J. Lacava, formerly of 267 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, present residence believed to be in Enola, Cumberland County, Pennsylvania. Name Marina Eve Fox ("Marina") Present Residence 6 Irvin Drive Shippensburg, Pennsylvania 17257 Marina was born out of wedlock. The Plaintiff seeks primary custody and visitation of the following child: Age D/O/B 3 February 25, 2000 Marina is presently in the physical custody of Plaintiff, Cinda L. Fox. In addition to the Marina's present address, during the past five years, she has resided with In addition to the Marina's present address, during the past five years, she has resided with either Plaintiff or Defendants at the following addresses: a) From birth to March of2000Marina lived with the Parties at 11 ShirleyLane, Boiling Springs, PA 17007; b) From March 0£2000 to September of 2000, Marina lived with Defendants, Jon M. Fox and Jessica J. Lacava, at 267 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania; c) From September of 2000 to February of 2000, Marina lived with Defendants, Jon M. Fox and Jessica J. Lacava, and her paternal grandfather, John Fox, at 60 South Penn Oak Drive, Boiling Springs, Cumberland Connty, Pennsylvania; d) From February of 2000 to December of 2002, Marina lived with Defendant, Jessica Lacava, at 267 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania; e) From December of 2002 to July, 2003, Marina lived with Defendant, Jon M. Fox, and her paternal grandfather, John Fox, at 60 South Penn Oak Drive, Boiling Springs, Cumberland County, Pennsylvania; and f) From July of 2003 to the present Marina has lived with the Plaintiff at 6 lrvin Drive, Shippensburg, Cumberland County, Pennsylvania. The natural mother of Marina is Jessica J. Lacava, currentlybelieved to be residing in Enola, Cumberland County, Pennsylvania. She is single. The natural father of Marina is Jon M. Fox, currently residing at 60 South Penn Oak Drive, Boiling Springs, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiffto Marina is that of paternal grandmother. Plaintiff currently resides with Marina. 5. The relationship of Defendant, Jon M. Fox, to Marina is that of father. Defendant, Jon M. Fox, currently resides alone. 6. The relationship of Defendant, Jessica J. Lacava, to Marina is that of mother. The residential status of Defendant, Jessica J. Lacava, is presently unknown. 7. Plaintiffhas not participated as aparty or witness, or in any other capacity, in other litigation concerning the custody of Marina in this or another court. Custody of Marina has previouslybeen determined by order of this court on March 11,2002, No. 2001-6550 Civil Term. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of Marina or claims to have custody or visitation rights with respect to her. 10. The best interests and permanent welfare of Marina will be served best by granting the relief requested because: a) b) The Plaintiffhas shared physical custody of Marina since Marina's birth; The Plaintiff provides Marina with a home with adequate moral, emotional and physical surroundings as required to meet Marina's needs; c) The Plaintiff is, and has always been, willing to accept custody of Marina; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of Marina; and e) The Plaintiffprovides a more stable home environment than do Defendants. f) The Defendants consent to this Complaint for Primary Custody by virtue of Custody Agreement attached hereto as Exhibit "A" and by reference incorporated herein and made a pan hereof. 11. Each parent whose parental rights to Marina have not been terminated and the person who has physical custody of Marina has been named as parties to this action. Them are no other persons who are known to have or to claim a right to custody or visitation of Marina. WHEREFORE, Plahnfiffrespectfullyrequests that Your Honorable Court grant Plaintiffprimary physical custody of Marina Eve Fox and grant the Parties hereto shared legal custody of Marina Eve Fox. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to author/ties. Cinda L. Fox C1NDA L. FOX : PLAINTIFF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-232 CIVIL ACTION LAW JON M. FOX AND JESSICA J. LACAVA : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February 23, 2004 at 8:30 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 cotu:t, 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 lbr 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. 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 accommndations 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 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 CINDA L. FOX, Plaintiff JON M. FOX and JESSICA J. LACAVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW IN CUSTODY NO. 2004-232 ACCEPTANCE OF SERVICE I, Jon M. Fox, Defendant in the above captioned matter, hereby accept service of the Complaint in Custody filed January 16, 2004, in the above captioned matter. Dated: ~ JJ 010~0f //~M. Fox ~ CINDA L. FOX, Plaintiff JON M. FOX and JESSICA J. LACAVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2004-232 CERTIFICATE OF SERVICE AND NOW, this 1 lth day of March, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was mailed on February 10, 2004, but actual service took place on February 12, 2004, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jessica J. Lacava 9 Beers Avenue Duncannon, Pennsylvania 17020 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 0~/ 19 Brookwood Avenue, Suite 1 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:/UserFoldcr/FitmDocs\Ocndocs2004~3285_l ...... lwpd Attorneys for Plaintiff Exhibit "A" CINDA L. FOX, Plaintiff Vo JON M. FOX and JESSICA J. LaCAVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-232 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ~ i> ~', ,2004, upon consideration of the attached Custody Conciliatioh Repo~, it is ordered and directed as follows: 1. The prior Order of Court, dated March 11, ,,002 at Docket No. 2001-6550 is hereby vacated. 2. Paternal grandmother, Cinda L. Fox, Father, Jon M. Fox, and Mother, Jessica J. LaCava, shall have shared legal custody of Marina Eve Fox, bom February 25, 2000. All parties shall have an equal right, to be exercised jointly with the other parties, to make all non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, educaXion and religion. the parties. The parties shall have shared physical custody of the Child as agreed by 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the pro,visions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~W~e~' .,~'~. j cc: Scan M. Shultz, Esquire, Counsel for Grandmother Jon M. Fox, pro se 6 Irvin Drive ~, Shippensburg, PA 17257 Jessica J. LaCava, pro se 9 Beers Avenue .\ Duncannon, PA 17020 CINDA L. FOX, Plaintiff JON M. FOX and JESSICA J. LaCAVA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-232 CIVIL TERM : : CIVIL ACTION - }LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Marina Eve Fox February 25, 2000 paternal grandmother 2. A Conciliation Conference was held in this matter on April 13, 2004, with the following individuals in attendance: paternal grandmother, Cinda L. Fox, with her counsel, Scan M. Shultz, Esquire, the Father, Jon M. Fox, pro se and Jessica J. LaCava, pro se. 3. The Honorable J. Wesley Oler, Jr. entered a prior Order of Court dated March 11, 2002 in the case of Jessica J. LaCava v. Jon M. Fox regarding the same Child, at docket No. 2001-6550, providing for shared legal and physical custody. The Child has been living with paternal grandmother since July, 2003. Father recently moved in with paternal grandmother. Grandmother is concerned about the child having a stable living arrangement. Mother expects to obtain her own apartmenl soon. 4. The parties agreed to the entry of an Order :in the form as attached. Date ~cqu~line M. Vemey, Esquire df Custody Conciliator