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HomeMy WebLinkAbout08-5281NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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 S. Bedford St. Carlisle, PA 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 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. Tracy Miller, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY James Carl Thomas, Jr., Defendant : NO. CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Tracy Miller, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Tracy Miller, residing at 57 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is James Carl Thomas, Jr., residing at SCI Camp Hill PO Box 200, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary custody of. Name Present Residence Age Alisha Thomas 57 East Louther Street, Carlisle, PA 17013 1 year Lacie Thomas 57 East Louther Street, Carlisle, PA 17013 6 months The children were born out of wedlock. The children are presently in the custody of Tracy Miller, who resides at 57 East Louther Street, Carlisle, PA 17013. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Tracy Miller and 76 Big Spring Terrace, Newville, PA 17241 Sept 2006- James Carl Thomas, Jr. Dec. 2007 Tracy Miller, 76 Big Spring Terrace, Newville, PA 17241 Dec. 2007 - James Carl Thomas, Jr., June 2008 and James Carl Thomas Sr. Tracy Miller and 76 Big Spring Terrace, Newville, PA 17241 June 2007 - James Carl Thomas, Sr. July 2008 Tracy Miller 57 East Louther Street, Carlisle, PA 17013 July 2008 - Present The mother of the children is Tracy Miller. She is single. The father of the children is James Carl Thomas, Jr. He is single. 4. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relationship to Plaintiff Alisha Thomas Daughter Lacie Thomas Daughter 5. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Name Relationship None 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's primary caretaker for all of the children's life; b. Plaintiff provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff has permitted contact between Defendant and the children and will continue to do so; d. Plaintiff is willing to accept custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the children, with Father having periods of partial custody. Respectfully submitted, Date: Q l ? 16?5 01?? Angel Bradley Certified Legal Intern p?irn n?-- THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. f IoLm 1 J Tracy Millei? r? C4, -+ y Tracy Miller, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY James Carl Thomas, Jr., Defendant : NO. CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Tracy Miller, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date / A D a "_j - Angel radley Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ".n tiy1 ..Cd Ci-? Tracy Miller, Plaintiff V. James Carl Thomas, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08 - 5281 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on James Carl Thomas, Jr., residing at 2500 Lisburn Road, Camp Hill, PA 17001 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by James Carl Thomas, Jr., on the 5t' day of September 2008 as evidenced by the attached green card. (L &- Angel adley Certified Legal Intern Anne a d-Fox, E Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 µ a. add. NWrtr- rn 7006 11411 ID081 6144 7747 -- PS Form'! 1, FAY oar {u i sao TRACY MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5281 CIVIL ACTION LAW JAMES CARL THOMAS, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 02, 2008 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 court, and to enter into a temporary order. 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/ Hubert X. GRro Es q. 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 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 ?'`, VINVAIASNN3d MNrl('T, V00 ? ? :Z WJ 0 1 d3S BOOZ 816"' jo Tracy Miller, Plaintiff v James Carl Thomas, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. : CIVIL ACTION-LAW :CUSTODY No. 08-5281 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: Please withdraw the Complaint for Custody filed on September 4, 2008 at the above- captioned docket. uchika G Certified Legal Intern 7y.* - Anne onald-Fox, Esq. Supervising Attorney Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 (717) 243-2968 Date: September 29, 2008 ? ? zz -a s co ? V" . TRACY MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMES CARL THOMAS, JR., NO. 2008-5281 Defendant IN CUSTODY COURT ORDER AND NOW, this day of October, 2008, the Conciliator being advised the Plaintiff has withdrawn the Complaint and a Conciliation Conference is no longer necessary, the Conciliator relinquishes jurisdiction. Hubert X. Gi oy, Esquire Custody C ciliator cs w-- r C-) { .j_ ci 0 C-4 :.