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HomeMy WebLinkAbout05-0967 DAWN M. POGUE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY : No.05'- q67 CIVIL TERM PHILIP HARRIS, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 South Bedford Street Carlisle, Pennsylvania 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. DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY PHILIP HARRIS, Defendant : No. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Dawn M. Pogue, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody, requesting primary physical custody of her child, Leeanna M. Pogue: I. The plaintiff is Dawn M. Pogue residing at 453 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Philip Harris residing at 8812 Avondale Road, ParkvilIe, Maryland 21234. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Leeanna M. Pogue 8812 Avondale Road Parkville, Maryland 21234 (as ofFebruary 18,2005) 9/21/91 The child was born out of wedlock. The child is presently in the custody of Philip Harris, who resides at 8812 Avondale Road, Parkville, Maryland 21234. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Dawn M. Pogue 1343 Grandview Court August, 1999- Carlisle, Pennsylvania 17013 March 2002 Dawn M. Pogue Safe Harbor March 2002 - Hannah Franz 102 West High Street April 2003 Summer Franz Carlisle, Pennsylvania 17013 Dawn M. Pogue Molly Pitcher April 2003 - Hannah Franz 13 North Hanover Street August 2003 Summer Franz Carlisle, Pennsylvania 17013 Dawn M. Pogue 453 North Pitt Street August 2003 - Hannah Franz Carlisle, Pennsylvania 17013 Present Summer Franz Shari Williams The mother of the Child is Dawn M. Pogue, hereinafter "Mother," currently residing at 453 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. She is single. The father of the Child is, Philip Harris, hereinafter "Father," currently residing at 8812 Avondale Road, Parkville, Maryland, 21234. He is married. 4. The relationship of plaintiff to the Child is that of Mother. Mother resides with the following persons: Name Relationship to Plaintiff Hannah Franz Daughter Summer Franz Daughter Shari Williams Friend 5. The relationship of defendant to the Child is that of Father. Father resides with the following persons: Name Eileen Weiner Claude Weiner Relationship to Defendant Mother Stepfather 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 child pending in a court of this Commonwealth or any other state. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother has been the primary caretaker of the Child since birth; b) Mother performs the parental duties and enjoys the love and affection of the Child; c) Mother is willing to accept custody of the Child; d) Mother has a family support system in place to assist in Child's care; e) Child has formed an emotional bond with her half sisters, Hannah Franz and Summer Franz, with whom she resides; f) Father did not have any contact with the Child until the summer of2001, when the Child was 10 years old; g) During the summer of 200 I, the parties agreed to a custody arrangement that allowed the Father to have limited custodial periods of the Child every other weekend; h) Father has denied Mother access to the Child since Monday, February 21,2005 when he refused to return the Child to Mother's care and custody; i) Pursuant to the parties' agreement, Father had a custodial period for the weekend of February 18, 2005; j) Father did not return the child on February 21,2005, pursuant to the parties' agreement, disrupting the status quo and interfering with the Child's school attendance; k) Mother is better able to provide a home with adequate moral, emotional, and physical surroundings for the Child, whose best interests would be served by an award of primary physical custody to the Mother; I) Mother will encourage the continued relationship between the Child and her father. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother requests the court grant shared legal custody and primary physical custody of the Child, Leeanna Pogue, to Mother, Dawn M. Pogue. Date:~ 0rVMQw~ CHARLENE AQ UNA Certified Legal Intern C NALD-FOX THOM M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717)243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge 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. Date: a?-e3-/l~ ~\J"\t\\~ ~ Dawn M. Pogue DAWN M. POGUE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. ; CIVIL ACTION - LAW : IN CUSTODY PHILIP HARRIS, Defendant : No. qft; 7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Dawn M. Pogue, 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 ~\~3\OS- \ \ ~~~ CHARLENE J. UI NA Certified Legal Intern ruJ LUCY J TON-WALSH ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 -r"'t I ~,O ~"'" t,f - DAWN M. POGUE, Plaintiff! Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY : No. Os" q & 7 CIVIL TERM PHILIP HARRIS, Defendant! Respondent PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.c.P. 1915.13 AND NOW, this 23rd day of February, 2005, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Dawn M. Pogue, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Leeanna M. Pogue, born September 21,1991. In support of her Petition for Emergency Relief, Petitioner avers as follows: I. The petitioner is Dawn M. Pogue, an adult individual who resides at 453 North Pitt Street, Carlisle, Pennsylvania 17013. 2. The respondent is Philip Harris, an adult individual who resides at 8812 Avondale Road, Parkville, Maryland 21234. 3. The petitioner is the biological mother (hereinafter "Mother") of the 13 year-old minor child, Leeanna M. Pogue, born September 21,1991 (hereinafter "child"). 4. The respondent is the biological father (hereinafter "Father") of the child. 5. The child was born out of wedlock. 6. Mother has been the primary caretaker of the child since her birth. 7. Father had no contact with the child for the child's first ten years oflife. , . 8. Since the summer of2001, the parties agreed to a custody arrangement such that Father has had limited custodial periods of the child every other weekend. 9. On Friday, February 18,2005, Father picked up the child per the parties' agreement. 10. On Sunday, February 20, 2005, Father contacted Mother and informed her that the child was staying with him for one more night. Mother agreed because Monday, February 21, 2005 was a holiday and the child did not have school. II. On Monday, February 21, 2005, Father telephoned Mother and informed her that he would not be returning the child because he intends to obtain custody of her. 12. Mother telephoned Father on Tuesday, February 22, 2005. There was no answer. 13. Mother telephoned Father's girlfriend on Tuesday, February 22, 2005. There was no answer. 14. Mother has not seen nor spoken with Father since Monday, February 21, 2005. 15. Father disrupted the status quo and interfered with the parties' agreement by refusing to return the child to Mother's care. Father has also interfered with the child's school attendance. 16. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 17. Mother believes and therefore avers that it is in the best interests of the minor child that Mother be granted shared legal and temporary primary physical custody of the child, pending further Order of Court. WHEREFORE, the petitioner, Dawn M. Pogue, respectfully requests that this Honorable Court restore the status quo by entering an Order granting Petitioner shared .. legal and temporary primary physical custody of Leeanna M. Pogue, by ordering Respondent to return the child immediately to Petitioner and by scheduling this matter for hearing. Respectfully submitted, a., \ O:~ tos- Date ~~.~-~ CHARLENE . A lUNA Certified Legal Intern ~ ..~t,JcJIl LUCY J~iTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013-2899 (717) 243-2968 ," VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. DatenJ- ~~ - () 1) "J>fuJ)( iU,,- ~~ Dawn M. Pogue, Petitio r ""- \\ '" ~ t\ \~ -;i :-:? \-,""\ 1.",< 1:.>) ,":') ~:"'- "n _.0 ~ --- , , "; " " ~I ,:;.1 ',' \, ~ ,- ~ -'-;:'- ~ \,::' ,- .;:- DAWN M. POGUE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-967 CIVIL ACTION LAW PHILIP HARRIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, March 02, 2005 , upon consid,eration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 07, 2005 , lhe conciliator, at 9:30 AM for a Pre-Hearing Cuslody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by 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 I," 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 Gilrov, Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required Iby 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 bel,"e the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 170 I 3 Telephone (717) 249-3166 ~ ctn/r iI' ~ ~ 4.Ia7; _h1'~~lL . 7::1 "1- ~ ~;; ..p7J ) \''':\'l,..,I~' II 'N~"J .1 viI ".\.8Nf,l:Jd I\.lJ I "'1'-, ~,. ~ _.' ...J 1 k, ,_, ,;:'.!~ ,}-::;g~,AJn8 SO: II f.,llJ Z- ~VW SUOl ).,i:fiJON()HIOqd :1H 381:!::ic,--c:rii':11 ;:JO 50 e- F .9/ r: [' 50-C'-E' . DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-967 CIVIL TERM CIVIL ACTION - LAW PHILIP HARRIS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of March, 2005, after meeting with the parties and talking with the child, we enter the following Order, which is meant to be temporary only and meant to preserve the status quo, because we are satisfied that the child is safe. 1. The parties shall have joint legal custody of their daughter, Leeanna M. Pogue, born September 21, 1991. Mother shall have primary physical custody of the child subject to periods of partial physical custody in the father every weekend from Friday at 5:30 p.m. until Sunday at 8:30 p.m. 2. The parties shall go to the scheduled conciliation on April 7, 2005, at 9:30 a.m., in front of Hubert Gilroy, Esquire. The parties are encouraged to try to work out a workable custody arrangement at said conciliation. If the parties are unable to reach an agreement, we will have a hearing on the merits on Friday, April 15, 2005, at 8:30 a.m. The child is directed to be re-enrolled in the Wilson Middle School immediately. E. Guido, J. U,,~ C) (<") ,.... l.f'::l C:.,"\ c.:;::, <'" . . Philip Harris 8812 Avondale Road Parkville, MD 21234 Defendant, Pro se Anne MacDonald-Fox, Esquire Jennifer Smitrovich, Certifie Family Law Clinic Hubert X. Gilroy, Esquire srs ~~ J/'//~')---- ~ r--., ."'.~'" o ~n .--j ~"f~ :1J [1,(__. rn \. ~J " (-') '-f-, .:"IJ c:. r'i'l (,.:"" C'"l ='1": .,'"" ::;;...) 1 .j'::'- r-..."l (.....;.\ DAWN M. POGUE, Plai nti ff v. PHILIP HARRIS. Defendant , : IN THE COURT OF COMNION PLEAS OF : CUMBERLAND COUNTY' PENNSYLVANIA : NO. 05-967 CIVIL TERM : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf ofthe Defendant in the abov captioned case. Date; April 4, 2005 cc. Anne MacDonald-Fox, Esquire Family Law Clinic Respectfully submitte . ROMINGER, BA YL Y & WHARE arl E. Rominger, Esq ire 155 South Hanover Str et Carlisle, PA 17013 (717) 241-6070 Supreme Court lD # 81924 Attorney for Defendan ----~--" :.:-, C-:J RECEIVED APR 11200SY DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PHILIP S. HARRIS, Defendant NO. 05-967 IN CUSTODY COURT ORDER AND NOW, this I). ~ day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered the hearing scheduled in the above case on Friday, April 15, 2005 at 8:30 a.m. is cancelled, the temporary Order entered on March 2, 2005 is vacated and that the following temporary Order is entered: 1. The mother, Dawn M. Pogue, and the father, Philip S. Harris, shall enjoy shared legal custody of Leeanna M. Pogue, born September 21, 1991. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 5:30 p.m. to Sunday at 8:30 p.m. beginning the first Friday following the end of the 2004-2005 school year. b. During the sununer months, for a period of two non-consecutive weeks, one in July and one in August, the dates to be arranged between the parties. c. At such other times as the parties may agree. 4. Mother shall provide transportation for exchange of custody. - 5. The mother and daughter shall attend counseling sessions with the focus of the sessions to ensure a harmonious relationship between mother and daughter. Father shall handle transportation to make sure the minor child is in attendance at these counseling sessions which will take place in the Carlisle area. Costs of the sessions, after the appropriate payment by any applicable insurance of either the mother or father, shall be split between the mother and father. 6. The parties shall meet for another Custody Conciliation Conference with the Conciliator on August 11, 200S at 8:30 a.m. 7. In the event there are any issues that need to be addressed prior to the Conciliation Conference, legal counsel for the parties may contact the Conciliator directly. BY}HECOU;Y L~ Judge Edward E. Guido cc.i'''rl E. Rominger, Esquire '.ll~s Falvello, Student Attorney vMme MacDonald Fox, Esquire, Dickinson School of Law Family Law Clinic \ji(\I"t/C:,~ ~!\'~~:i...l I "'n~'..': ,:: ,v',':::"'!["\:J l0J\, '\./. ..~i 'It I 62 :8 l!'1 S I Hd1t goaz AUV.LC:'r~;:~ ',Cid 3Hl :10 j)i:;J(}'(Jj lH DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PHILIP S. HARRIS, Defendant NO. 05-967 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I9I5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Leeanna M. Pogne, born September 21, 1991. 2. A Conciliation Conference was held on April 7, 200S, with the following individuals in attendance: The father, Philip S. Harris, with his counsel, Karl E. Rominger, Esquire, and the mother, Dawn M. Pogue, with her student attorney, Alexas Falvello, and Anne MacDonald-Fox, Esquire, of the Dickinson School of Law Family Law Clinic. 3. Based upon an agreement by the parties, the Conciliator recommends an Order in the form as attached. ..---- t.f- e - 05> 7IA- DATE Hubert X. Gilroy, Esquire Custody Conciliator J -; / J RECEIVED AUG 222005 rt' DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PHILIP S. HARRIS, Defendant NO. 05-967 IN CUSTODY COURT ORDER AND NOW, this ;;}i.I~ day of August, 2005, upon consideration of the attached Custody Conciliation report, this Court's prior Order of April 12, 2005 is vacated and replaced with the following: 1. The mother, Dawn M. Pogue, and the father, Philip S. Harris, shall enjoy shared legal custody of Leeanna M. Pogue, born September 21, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy periods of temporary physical custody of the minor child at such times and under such circumstances as agreed to by the parties. 4. This Order is entered pursuant to the agreement of the parties. In the event either party desires to modify this Order and is unable to reach an agreement, that party may petition the Court to have the case agai d for a Conference with the Custody Conciliator. T, Judge Au\!nc','- lJ\Gi<:J:?d ,"-, . '~.-". '~: ,'\ ~;'"'l '"' ,'"IV g~ :8 11~ S~ :Jn~ SOOZ Al.:l\;10N:Ji-L.()t:d 3Hl ':0 ::::JI~:C)-C::llU DAWN M. POGUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PHILIP S. HARRIS, Defendant NO. 05-967 IN CUSTODY PRIOR JUDGE: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Leeanna M. Pogne, born September 21, 1991. 2. A Conciliation Conference was held on Augnst 11, 2005, with the following individuals in attendance: The father, Philip S. Harris, with his counsel, Karl E. Rominger, Esquire, and the mother, Dawn M. Pogne, with her student attorney, Brenda Coppede, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. g!t~ I ()F DATE