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HomeMy WebLinkAbout04-4254Christine & Richard Erickson, Plaintiffs Julia Erickson, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 -~ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY The plaintiffs are Christine and Richard Erickson, residing at 2 Mooreland Avenue, Mt. Holly Springs, Cumber/and County, Pennsylvania 17065. The defendant is Julia Erickson whose address is unknown at this time. Plaintiff seeks custody of the following child: Name Dariel Erickson Malijah Erickson Present Residence DOB 2 Mooreland Ave. 9/17/95 Mt. Holly Springs, PA 17065 2 Mooreland Ave. 2/24/98 Mt. Holly Springs, PA 17065 Age 8 yrs. 11 mos. 6 yrs. 6mos. Dates l 2/03 - 2/04 1/04 - 2/04 2/20/04 - 7/4/04 7/04/04 to present List All Persons List All Addresses Julia Erickson Safe Harbor Richard & Christine Erickson 2 Mooreland Ave. Mt. Holly Springs, PA Julia Erickson 5245 Bensalem Blvd. Bensalem, PA 19020 Richard & Christine Erickson 2 Mooreland Ave. Mt. Holly Springs, PA The children were bom out of wedlock The children are presently in the custody of Christine and Richard Erickson, residing at 2 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. During the past five years, the child has resided with the following persons and at the following addresses: The mother of the children is Julia Erickson whose address is currently unknown. She is not married. The father of Dariel is Darrel Brady, currently in Prison. He is unmarried. The father of Milajah is Marcus, currently somewhere in Jamaica. He is unmarried. The relationship of plaintiffs to the children is that of aunt and uncle. The plaintiffs currently reside with the following persons. Name Relationship Erick J. Erickson Son Tara M. Erickson Daughter Jaren Jones Grandson The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Relationship Unknown Plaintiffs have 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. Plaintiffs have no information ora custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings who have physical custody of the children and claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiffs has undertaken and performed the primary parental responsibilities for the children. Plaintiffis best able to provide the care and nurture which the children need for healthy development. Plaintiffs continue to maintain the same family household for the children that has been maintained since July 4, 2004. The Defendant has moved from the family residence to an unknown address. WHEREFORE, Plaintiffs request this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Michael J. Whare, Esqui4e 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiffs Christine & Richard Erickson, Plaintiffs Julia Erickson, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - CIVIL TERM IN CUSTODY VERIFICATION MICHAEL J. WHARE, ESQUIRE, states that he is the attorney for, Christine and Richard Erickson, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing documerit; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to answorn falsification to authorities. Date: Michael J. Whare, Esqui~' Attorney for Plaintiffs CHRISTINE & RICHARD ERICKSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4254 CIVIL ACTION LAW JULIA ERICKSON : IN CUSTODY DEFENDANT ORDER OFCOURT AND NOW, Tuesday, August 31, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 29, 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 a~e five or older ma,/also be Cresent at the conference. Failure to aCpear 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 prier to scheduled hearing. FORTHECOURT, By: /s/ Hubert X. Gilroy. 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 TItlS 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 FOR'IH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTINE & RICHARD ERICKSON, Plaintiff V JULIA ERICKSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-4254 : IN CUSTODY COURT ORDER AND NOW, this ~,~ day of October, 2004, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Custody C~ciliator