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Home My WebLink About04-2364GLENDA LOUISE PHILLIPS, Plaintiff VERNON JAMES BENTON, Defendant : 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- o~J(a ~/ CIVIL TERM : : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Glenda Louise Phillips, hereinafter referred to as "mother". Plaintiff's permanent residence is 1112 Granda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Vernon James Benton, currently incarcerated at Dauphin County Prison, 501 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17101. 3. The mother seeks custody of the minor child: Name Present Residence Age Tamyia Benton 1112 Granada Lane 1/29/04 DOB, 2 months old Mechanicsburg, PA 17055 The child, Tamyia Benton, was bom out of wedlock. The child is presently in the custody of the plaintiff, who is the biological mother and resides at 1112 Granada Lane, Mechanicsburg, Pennsylvania 17055. During the child, Tamyia Benton's lifetime, she has resided with the following persons and at the following addresses: Name Glenda Louise Philips Vernon James Benton Glenda Louise Philips Charlene Haus Gary Haus Carissa Philips Amber Philips Ad&ess 250 South Second Street Steelton, PA 1112 Granada Lane Mechanicsburg, PA 17055 Date Birth - 2/7/04 2/7/04-present The mother of the child is, Glenda Louise Phillips, currently residing at 1112 Granada Lane, Mechanicsburg, Pennsylvania 17055. She is single. The father of the child is Vernon James Benton, currently incarcerated at the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania 17101. He is single. 4. The relationship ofplaintiffto the child is that of mother. The mother currently resides with the following persons: Name Glenda Louise Phillips Tamyia Benton Charlene Haus Gary Haus Carissa Philips Amber Philips Relationship Self Daughter with Defendant Mother Step-father Sister Sister 5. The defendant presently resides with the Dauphin County Prison population. 6. The mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for child, and she can continue to provide for the child. b) The mother lives with supportive family members who can contribute to the well being of the child and provide a healthy environment in which to raise a child while allowing the child to establish a relationship with her grandparents and aunts. c) The mother is the parent who can best facilitate any interaction between the child and the defendant. d) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The defendant has a volatile temper that he does not control with the plaintiff or in front of the child, creating an unsafe atmosphere for the child. ii) The defendant is residing in the Dauphin County Prison, Pennsylvania and cannot provide a stable residence for the child. iii) The defendant has problems with alcohol addiction. Consequently, the defendant is unable to provide for the day-to-day care and needs of the child. iv) The defendant has threatened that if he has time alone with the child, he will leave the state without providing the mother with information as to his whereabouts. The mother believes that the defendant would carry out this threat because he has friends and family members living outside of Pennsylvania. 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 plaintiffrequests this Court a. Grant the parties shared legal custody of the child. b. Grant the mother primary physical custody of the child. c. Upon his release from prison, grant the defendant periods of supervised visitation on alternating weekends, at times and locations agreed upon by the parties, and with a supervisor mutually agreeable to the parties. d. Any additional relief the Court feels just and proper. Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Glenda Louise Phillips, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. c.s. §4904, relating to unsworn falsification Date: ~ - I? - ~c>~/ to authorities. Glenda LOUlSe Phillips GLENDA LOUISE PHILLIPS, Plaintiff VERNON JAMES BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Vernon James Benton with a Complaint For Custody on ~ /(//(J~ , 2004 by cectified mail, return receipt, restricted delivery, to the person and address below: Vernon James Benton C/o Dauphin County Prison 501 Mall Road Harrisburg, Pennsylvania 17101 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Signature: GLENDA LOUISE PHILLIPS, Plaintiff VERNON JAMES BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ~.~(~ 5~ CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Glenda Louise Phillips, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, 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. Jessica Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 GLENDA LOUISE PHILLIPS, Plaintiff V VERNON JAMES BENTON, Defendant : IN THE COURIF OF COMMON PLEAS OF : CUMBERLAN~D COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-23,64 : IN CUSTODY COURT ORDER AND NOW, this Z ~ {~ day of July, 2004, upo~t consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Glenda Louise Phillips, shall enjoy legal and physical custody of Tamyia Benton born January 29, 2004. 2. The father, Vernon James Benton, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the mother. 3. It is noted that the father was not present a~l the conciliation conference and that he was incarcerated at the time of the conference. In the event father desires to modify this order at any point in the future, father may petition the Court to again refer to the Custody Conciliator for a conference. BY THE COURT, Jessica Diamondstone., Esquire Mid Penn Legal Serwces 8 Irvine Row Carlisle, PA 17013 Vernon James Benton Daup...h~n County Work Release ~acility 919 Gibson Blvd. Steelton, PA 17113 GLENDA LOUISE PHILLIPS, Plaintiff V VERNON JAMES BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2004-2364 : IN CUSTODY COURT ORDER AND NOW, this 2 ~ ~ day of July, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as I~ollows: 1. The mother, Glenda Louise Phillips, shall enjoy legal and physical custody of Tamyia Benton born January 29, 2004. 2. The father, Vernon James Benton, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the mother. 3. It is noted that the father was not present at the conc'diation conference and that he was incarcerated at the time of thc conference. In the event father desires to modify this order at any point in the future, father may petition the Court to again refer to the Custody Conc'diator for a conference. CC: BY THE COUP[T, Jessica Diamondstone, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 Vernon James Benton Dauphin County Work ReleaseIacility 919 Gibson Blvd. Steelton, PA 17113 GLENDA LOUISE PHILLIPS, Plaintiff V VERNON JAMES BENTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERL3~ND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004 - 23.64 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY RF~PORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Tamyia Benton, born January 29, 2004. o A Conciliation Conference was held on July 9, 2004, with the following individuals in attendance: The mother, Gienda Louise Phillips, with her counsel,. Jessica Diamondstone, Esquire. The father, Vernon James Benton:, did not appear. Attorney Diamondstone suggested that Mr. Benton is incarcerated. Mother relates that the father has been incarcerated for most of the child's life to date. 3. The Conciliator recommends an order in the form as attached. DATE