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Home My WebLink About06-3583 JOHN A. LUCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- j' tf'F 3 CIVIL TERM CHASTITY M. MACKERT, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is John A. Lucy, hereinafter referred to as Father. Father resides at 124 Woods Dr.- Lot 15, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Chastity M. Mackert, hereinafter referred to as Mother. Mother's permanent address is 315 Market Street - No.1, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Father seeks primary physical custody of the minor child: Name Anthony Ray Lucy Present Residence 124 Woods Drive-Lot 15 Mechanicsburg, PA 17050 Age 9/21/02 DOB, 3 Yz yrs old. Anthony was born out of wedlock 4. Anthony is in Father's custody. During his lifetime, Anthony has resided with the following persons and at the following addresses: Name Address Date John Lucy Chastity Mackert 1550 Williams Grove Rd. Mechanicsburg, P A birth - 9/04 John Lucy Chastity Mackert 124 Woods Dr. - Lot 15 Mechanicsburg, Pi\ 9/04 - 4/3/04 John Lucy 124 Woods Dr. - Lot 15 Mechanicsburg, P A 4/3/04 - present 5. Father currently resides with the following persons: Name Relationship Anthony Ray Lucy Son with Chastity Mackert 6. It is believed that Mother lives with the following persons: Name Relationship Connie Mackert Chastity's Mother Eric Funk Chastity's Stepfather 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Anthony in this or another court. 8. Father has no information of a custody proceeding concerning Anthony pending in a court of this Commonwealth. 9. Father does not know of a person not a party to the proceedings who has physical custody of Anthony or claims to have custody or visitation rights with respect to Anthony. 10. The best interest and permanent welfare of Anthony will be served by granting the relief requested for reasons including, but not limited to the following: a. Father is presently able to provide for Anthony by giving him a nurturing and stable home enviromnent and providing for his emotional, physical, medical and educational needs and he has done so since Anthony was born. b. Father lives in the home where Anthony has been living for the past eighteen months. Anthony is familiar with this home and has all of his belongings and other personal items there. c. Father has participated equally in parenting Anthony, caring for his daily needs, ensuring that Anthony is clothed, fed and sheltered. d. Father lives in the same trailer park as his mother and also lives close to his grandparents. This extended family is willing and able to help support Father in caring for Anthony. , . 11. Mother has not acted in Anthony's best interests in ways including but not limited to the following: a. Throughout Anthony's life, Mother has had onogoing problems with alcohol use. Although Mother does not drink on a daily basis, when she does, she has been known to disappear for up to a week at a time. During that time, Father does not know where Mother is staying or how to contact her by telephone. b. On or about April 3, 2006, Mother was drinking and left the residence she shared with Father. She did not tell Father where she was going, but Father believed she is living with her mother and step-father in Camp Hill. c. Mother went to New York for a brief time to attend an in-patient rehabilitation program. d. Mother has been intoxicated while caring for Anthony, and Father is concerned about Mother's ability to care for Anthony on a daily basis. 12. Every person with rights to custody or having actual physical custody of Anthony has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1. That the parties shall share legal custody of Anthony. 2. That Father shall have primary physical custody of Anthony. 3. That Mother shall have periods of visitation supervised by either Father or the maternal grandmother. 4. That Mother shall complete a Drug and Alcohol assessment and comply with any recommendations ofthe counselor or assessing entity. 5. That Mother shall refrain from using alcohol for a 24 hour period prior to visiting with Anthony through the end of her visitation period. . , 6. That the non-custodial parent shall have reasonable telephone contact with Anthony while he is with the other parent. 7. That the parties shall have an appropriate holiday schedule to enable each parent to spend time with Anthony. 8. Any other reliefthis Court finds just and equitable. Jessi a olst, squire Mi enn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 . . VERIFICATION The above-named PLAINTIFF, John A. LUCY, 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.5. ~4904, relating to unsworn falsification to authorities. Date: s}~r~t I JA. a~ LUCY '. ' JOHN A. LUCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- CIVIL TERM CHASTITY M. MACKERT, Defendant : CUSTODY AFFIDA VlT OF SERVICE BY MAIL Custody on olst, do hereby swear that I served Chastity M. Mackert with a Complaint For :!..J , 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Chastity M. Mackert 315 Market Street - No.1 Lemoyne, P A 17045 I, Jessica Holst, 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 unsworn falsification to authorities. Date: W ~3 lex. 52 Signature: c.r?;>- .t/? n .~.., ~~~ f';'--' I~) :"11 .-\ 'II'! i:.~_~ ~; '- t".) c....,) o L ~:=--'I -t", Xl ..< o Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 06- '"\)"0 CIVIL TERM JOHN A. LUCY, vs. CHASTITY M. MACKERT, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, John Lucy, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, 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. <" ,..., C;::) < , ,,,;,,,.., C':i"~ .-1 ~ ffi-r:! ,-' '-i~:~ i'-,j <.~ :::'.,. .",-". (2 ~ t ') C ')fTi }~ ::<: Ci JOHN A. LUCY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3583 CIVIL ACTION LAW CHASTITY M. MACKERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Tuesday, June 27, 2006 , upon consideration of the attached Complaint, it is hereby directed Ihat parties and their respective counsel appear before Jacqueline M. Veruey, Esq. , the conciliator, al 4tb Floor, curnberlaud Couuty Courtbouse, Carlisle on Tuesday, July 25, 2006 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be rnade to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues 10 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 allhe conference may provide grounds for entry of a temporary or permanent order. The court bereby 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 hearinl1. FOR THE COURT. By: Isl Tacqueline M. Verney. Esq.-4'J-!f- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to cornply wilh the Americans with Disabililes Act of 1990. For information about accessible facilities and reasonable accommodalions available 10 disabled individuals having business before the court, please conlacl 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 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 17013 Telephone (717) 249-3166 . ,.,..,..,L -L-__ L., ___ ~~~~ IL 'l'..:.r'- ~'7l ~~. V'. ~ 'W'O['. '7 . ~ ~ rfJ. .~..v ~Jt.., DJ(J'. OL- ;; ~ ~ ~ ~ ~ ~..,m; ~.()r.'l no; !~.~ :';.:' ~1~"-'S~J:E i. I ':.~ l '..' '..., >; " , ::~Hl IoJ JUl 2 6 ZOO~ JOHN A. LUCY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3583 CIVIL TERM CHASTITY M. MACKERT, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of July, 2006, being advised that the parties are residing in the same household and neither party having appeared at the conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Conciliator 2S rLJ