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HomeMy WebLinkAbout04-3697JULIE S. PHILLIPS, APRIL R. PHILLIPS and KEVIN M. LA CROIX, Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Julie S. Phillips, by her attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint for custody as follows: 1. The Plaintiff, Julie S. Phillips, is an adult individual currently residing at 441 Crossroadschool Road, P.O. Box 122, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, April R. Phillips, is an adult individual currently residing at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvarfia, 17013. 3. 168 Dogwood Drive, Swansboro, North Carolina, 28584. 4. Plaintiff seeks custody of the following child: The Defendant, Kevin M. La Croix, is an adult individual currently residing at Nalll~ Calvin Mitchell La Croix The minor child was born out of wedlock. Present Address 441 Crossroadschool Road P.O. Box 122 Newville, PA 17241 D,O.B. 04/23/1997 308640 5. The child is presently in the custody of the Plaintiff, Julie S. Phillips, who resides at 441 Crossroadschool Road, P.O. Box 122, Newville, Cumberland Cottnty, Pennsylvania, During the past five (5) years, the child, Calvin Mitchell La Croix, has resided 17241. with the following persons at the following addresses: Name Address Date Julie S. Phillips 441 Crossroadschool Road 09/2001 - Present P.O. Box 122 Newville, PA 17241 April R. Phillips April R. Phillips Julie S. Phillips April R. Phillips Julie S. Phillips April R. Phillips Kevin M. La Croix Julie S. Phillips Women & Children Rehabilitation Coatesville, PA Main Street Newville, PA 17241 441 Crossroadschool Road P.O. Box 122 Newville, PA 17241 Pitt Street Carlisle, PA 17013 441 Crossroadschool Road P.O. Box 122 Newville, PA 17241 Hanover Street Carlisle, PA 17013 441 Crossroadschool Road P.O. Box 122 Newville, PA 17241 08/2001 - 09/2001 09/2000- 08/2001 02/2000 - 09/2000 01/2000 -02/2000 10/1999 - 01/2000 08/1999 - 10/1999 10/1998 - 08/1999 308640 -2- The Mother of the child is Defendant, April R. Phillips, currently residing at Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Father of the children is Defendant, Kevin M. La Croix, currently residing at 168 Dogwood Drive, Swansboro, North Carolina, 28584. 6. The relationship of Plaintiffto the child is that of Grandmother. 7. The relationship of Defendants to the child is that of Parents. 8. Plaintiff has not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the child in this or another Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child. 11. The best interest and permanent welfare of the minor child will be served by granting the relief requested because the Plaintiffis best able to provide the wholesome and healthy environment which will permit the child to develop into an honest, hard working, law abiding, mentally stable and well adjusted individual. 12. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. 308640 -3- WHEREFORE, the Plaintiff, Julie S. Phillips, requests the Court to grant her custody of the child. METZGER, WICKERSHAM, KNAUSS & ERB, P,C. Dated: By P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 308640 -4- VERIFICATION 1 verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Julie S) Phillips 308640 CERTIFICATE OF SERVICE I, James F. Carl, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the foregoing action by certified mail, postage prepaid this 2gJ~ay of July, 2004, on the following: April R. Phillips Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Kevin M. La Croix 168 Dogwood Drive Swansboro, NC 28584 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By J~nes F. Carl, Esquire 308640 JULIE S. PHILLIPS PLAINTIFF V. APRIL R. PHILLIPS AND KEVIN M. LA CROIX DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3697 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 07, 2004 at 1:00 PM 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 hy 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/ Melissa P. Gree~,y. Esq. Custody Conciliator mhc 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 SEP 1 6 2004 JULIE S. PHILLIPS, Plaintiff APRIL R. PHILLIPS and KEVIN M. LA CROIX, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3697 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~) day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~ Custody. The Plaintiff, Julie S. Phillips, shall have legal custody of the minor child, Calvin Mitchell La Croix, born on April 23, 1997. 2. Physical Custody. The Plaintiff shall have primary physical custody of the child subject to Mother's rights of reasonable visitation with the minor child to occur in Cumberland County, Pennsylvania and Father's rights of reasonable visitation with the minor child to occur in Cumberland County, Pennsylvania. 3. Holidays. The visitation of both parents for holidays shall be by agreement with the Plaintiff/Matemal Grandmother. 4. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. The parties shall cooperate with one another in the implementation of this Order and understand and agree that changes or modifications may be necessary to enable all parties to continue and foster and develop a good and healthy relationship with the child. To that end, the parties shall cooperate with one another to encourage the relationship of the child with others and to refrain from any and all conduct, activity or communication which would adversely affect the child's relationship with his Mother, Father, or Maternal Grandmother. No parties shall make disparaging comments about the others in front of the child, nor will they permit any other relative or party to do so. 6. The legal residence of the minor child shall be that of the Maternal Grandmother. NO. 04-3697 CIVIL TERM 7. In the event that either Defendant is aggrieved by the terms of this Order, upon proper petition, the Custody Conciliation Conference may be reconvened in the normal course. 8. Plaintiff's counsel shall serve the Defendants with a copy of this Order and thereafter file a return of service indicating the completion.t~.hereof.4 BY TH OURT: ~ · ,/ u'" ~. J. Dist: James F. Carl, Esquire, P.O, Box 5300, Harrisburg, PA 17110-0300 Kevin M. La Croix, 168 Dogwood Drive, Swansboro, NC 28584 April R. Phillips, 1101 Claremont Road, Carlisle, PA 17013 JULIE S. PHILLIPS, Plaintiff V. APRIL R. PHILLIPS and KEVIN M. LA CROIX, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3697 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE '19'15.3-8, 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, Calvin Mitchell La Croix DATE OF BIRTH CURRENTLYIN THE CUSTODY OF MaternaIGrandmother April 23, 1997 2. A Custody Conciliation Conference was held on September 7, 2004 following Maternal Grandmother's filing of a Complaint for Custody on July 28, 2004. Attending the Conference were: the Maternal Grandmother, Julie S. Phillips, and her counsel, James F. Carl, Esquire. The Mother, April R. Phillips, is believed to be incarcerated. 3. Maternal Grandmother seeks an Order confirming the status quo "custody arrangement" which she represents to be as reflected in the Stipulation signed by the Defendant/Mother. Maternal Grandmother reports that the child has been raised by her for the vast majority of his life. She presents a handwritten and a notarized copy of a document providing temporary guardianship of the child to the Maternal Grandmother for purposes of medical or emergency services for the subject child. Additionally, her counsel presents a Stipulated Custody Agreement executed by the Plaintiff and the Defendant/April R. Phillips. The same Stipulated Custody Agreement was provided to Defendant/Kevin M. La Croix. However, he has not returned a signed document. The Stipulated Custody Agreement provides, inter alia, that its validity is not contingent upon Court approval and prays the Court enter an Order for Custody. The Plaintiff attempted to serve the Defendant/Mother by restricted delivery mail at 1101 Claremont Road. However, the green card came back signed by someone other than the Defendant, presumably someone on staff at Cumberland County Prison. With regard to service on the Defendant/Kevin M. La Croix, Plaintiff produced a letter which had been sent to him in North Carolina but was returned marked "Attempted, not known." Therefore, service was incomplete as to the Defendant/Father. Maternal Grandmother reports that she is providing all of the care and supervision for the child as well as attending to his medical and psychiatric needs. The child is enrolled in East Pennsboro Township School District. NO. 04-3697 CIVIL TERM 4. The Conciliator recommends a Temporary Order confirming the terms of the September 30, 2002 Guardianship and July 30, 2004 custodial arrangement between the Defendant/Mother and the Plaintiff/Maternal Grandmother. The Conciliator recommends that the attached Order requires Plaintiffs counsel to serve the attached Order on both parties and file a return of service when this has been completed. ~'elis~a Peel Greevy, Esquire Custody Conciliator :235034