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HomeMy WebLinkAbout04-3780IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY L. JONES, Plaintiff/Petitioner V. ARTIS PATRICK HICKS, Defendant/Respondent NO. CIVIL ACTION - LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, KELLY L. JONES, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaim for Custody of which the following is a statement: 1. Plaintiffis KELLY L. JONES, Mother, who currently resides at 1003 Nanroc Drive #32, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is ARTIS PATRICK HICKS, Father, who currently resides at 1502 Robimvood Drive, Apt. C, Clarion, Clarion County, PA 16214. 3. Plaintiff seeks custody of the following child/children: Present Address Date of Birth 1003 Nanroc Drive #32 Mechanicsburg, PA 17055 Nallle Shaven Michael Jones The child was bom out of wedlock. August 14, 2003 The child is presently in the custody of the Mother who currently resides at 1003 Nanroc Drive #32, Mechanicsburg, Cumberland County, PA 17055. Mother and Father were never married. During the past five (5) years, the child resided with the following persons at the following addresses: Persons Plaimiff Ruthann Seebold (Plaintiff' s Roommate) Address 1003 Nanroc Drive #32 Mechanicsburg, PA 17055 Date August 14, 2003 to present The mother of the child is KELLY L. JONES, who currently resides at 1003 Nanroc Drive #32, Mechanicsburg, Cumberland County, PA 17055. She is single. The father of the child is ARTIS PATRICK HICKS~ who currently resides at 1502 Robinwood Drive, Apt. C, Clarion, Clarion County, PA 16214. He is married. 4. The relationship of Plaimiff to the child is that of mother. The plaintiff currently resides with the following persons: SHAWN MICHAEL JONES, the child, and Ruthann Seebold, her roommate. 5. The relationship of Defendant to the child is that of father. The defendant currently resides with the following persons: Katherine Hicks, his wife, and Terrell Hicks, his son. 6.. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the child pending ~n a court of this Commonwealth or any other state. Petitioner and Respondent do not know of a party not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is in the better situation to provide primary physical custody. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. All other person, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: (None) WHEREFORE, Petitioner respectfully requests that this Honorable Court grant custody of the child. DATE: 7~ 2.-3 -~~'~ Respectfully submitted: G. Pi~trick O Connor, Esquire 3105 Old Gettysburg Road Harrisburg, PA 17011 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are tree and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by hand delivery to the party named below: ARTIS PATRICK HICKS 1502 ROBINWOOD DRIVE CLARION, PA 16214 Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff KELLY L. JONES PLAINTIFF V. ARTIS PATRICK HICKS DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3780 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 11, 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 Thursday, September 16, 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 court, and to enter into a temporary order. All children al~e five or older may also be vresent at the conference. Failure to avpear 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 l*rior to scheduled hearinl~. FOR THE COURT, By: /s/ Melissa P. Greeoy, Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required[ by law to comply with 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 before the court. You must attend the scheduled conference or hearing. YOU SHOLrLD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY 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 17012; Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY L. JONES, Plaintiff V. ARTIS PATRICK HICKS, Defendant No. 04-3780 CIVIL ACTION LAW IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV.P. 1920.4 Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Custody Complaint and the Order of Court filed in this matter by certified mail, return receipt requested, addressee only, and by regular first-class mail to the Defendant at 1502 Robinwood Drive, Apt. C, Clarion, PA 16214, on August 12, 2004. The return receipt signed by the Defendant is evidence of delivery to him and is attached as Exhibit "A'. ./G. Patrick O'Connor, Esquire I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff 7002 0460 0000 9761 EXHIBIT "A" KELLY L. JONES, Plaintiff : : ARTIS PATRICK HICKS, : : Defendant : SEP 2 7 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3780 CIVIL TERM C;IVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z g !L day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le.qal Custody. The Mother, Kelly L. Jones, shall have legal custody of the minor child, Shawn Michael Jones, born August 14, 2003. Accordingly, she shall have the responsibility of making decisions regarding the child's health, education and religious upbringing. 2. Physical Custody. The Mother, Kelly L. Jones, shall have primary physical custody of the minor child subject to periods of visitation or partial custody arranged by the mutual agreement of the parties. maffer. Cumberland County Court of Common Pleas shall retain jurisdiction of this 4. Plaintiff's counsel shall serve the Defendant with a copy of this Order and file a Return of Service thereafter. 5. In the event that Father is aggrieved by the terms of this Order, Father may petition for a modification of this Order and a Custody Conciliation Conference will be set in due course. Dist: BY THE COURT: ..~rtPaptr~ick O'Connor, Esquire, 3105 Old Gettysburg Road Camp Hill, PA 17011 /'Ar s atdck Hicks, 1502 Robinwood Ddve, Apt. C., Clarion, PA 16214 KELLY L. JONES, Plaintiff V. ARTIS PATRICK HICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERb~,ND COUNTY, PENNSYLVANIA NO. 04-3780 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 Shawn Michael Jones DATE OF BIRTH August 14, 2003 CURRENTLY IN THE CUSTODY OF Mother 2. The parties' first Custody Conciliation Conference was held on September 16, 2004. Present for the conference were: the Mother, Kelly L. Jones, and her counsel, G. Patrick O'Connor, Esquire. The Father, Artis Patrick Hicks, did not attend. 3. Service of Process. Plaintiff's counsel produced a restricted delivery green card signed on August 17, 2004 indicating that the Defendant had received notice of the Custody Conciliation Conference. Counsel indicated that he subsequently learned that Father had been incarcerated for non-payment of child support in Clarion County, Pennsylvania. However, the Defendant did not make a request to the Conciliator's office for a continuance. Neither did the Defendant attempt to participate in the Conciliation Conference by telephone. 4. Mother's position is as follows: Mother seeks an Order granting primary physical custody. She reports that Father has had no contact with the child and is effectively a stranger to the child. She also has reason to believe that there are outstanding warrants in York County for which Father will be incarcerated following the completion of his sentence in Clarion County. Additionally, she believes there may be pending criminal charges in Cumberland County. NO. 04-3780 CIVIL TERM 5. The Conciliator makes acceptable to Mother and her counsel. the following recommended Order which was Custody Conciliator :235780 IN THE COURT OF COMMON PLEAS OF CUMB~ERLAND COUNTY, PENNSYLVANIA KELLY L. JONES, Plaintiff/Petitioner ARTIS PATRICK HICKS, Defendant/Respondent NO. 04-3780 CIVIL ACTION - LAW CUSTODY ACCEPTANCE OF SERVICE I, Artis Patrick Hicks, have personally received and accepted service of the Order of Court concerning custody of Shawn Michael Jones dated September 28, 2004. Service was received on date indicated below. DATE: 1~/,5-1/,~'