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Home My WebLink About02-3597KIMBERLY LUCAS, Plaintiff SHAWNLUCAS, VS. Defendant IN THE COURT OF COMlVlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3oz-~{ -~ CIVIL TERNI CUSTODY COIVI~LAINT FOR CUSTODY 1. The plaintiffis Kimberly Lucas, residing at 162 Castle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Shawn Lucas, residing at 1575 Highland Street, Steelton, Dauphin County, Pennsylvania 17113. 3. The plaintiffseeks custody of the following child: Nai'ne Alyssa Catelyn Lucas Jared Kelly Lucas The children were bom in wedlock. Present Residence 675 Highland Street Steelton, PA 17113 675 Highland Street Steelton, PA 17113 Age 7 4 Shawn and Kimberly Lucas Alyssa Lucas DOB 5-3-95 Jared Lucas DOB 3-13-98 Address Ft. Wainwright Fairbanks, Alaska Date 1995-April 1998 Name The children are presently in the custody of the father, who resides at 675 Highland Street, Steelton, Dauphin County, Pennsylvania 17113. During the children's lifetime, they have resided with the following persons and at the following addresses: Shawn and Kimberly Lucas Shawn and Keith Gutshall Kimberly Lucas Shawn and Kimberly Lucas Shawn and Kimberly Lucas Kimberly Lucas Lisa Rehrer (sister) Michael Beisfline (sister's boy) Crista Rehrer Beau Beistline Christian Beistline (sister's children) Kimberly Lucas Elaine Drive Clarksville, TN N. Union St. Middletown, PA Motel 165 A S. Front St. Mechanicsburg, PA 122 Castle Drive Mechanicsburg, PA 162 Castle Drive Mechanicsburg, PA May 1998-Oct. 1998 Oct. 1998-Nov. 1998 Nov. 1998-Dec. 1998 Dec. 1998-April 2000 April 2000-Sept. 2000 Sept. 2000-July 7, 2002 The mother of the children is K/mberly Lueas, currently residing at 162 Castle Drive, Mechanicsburg, Pennsylvania 17050. She is married to Defendant but separated. The father of the child is Shawn Lucas, currently residing at 675 Highland Street, Steelton, Pennsylvania 17113. He is married to Plaintiffbut separated. 4. The relationship ofplaintiffto the children is that of mother. The plaintiff currently resides by herself since July 7, 2002 when the father refused to return the children to their residence. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Sharon Lowe mother Shelly Hardy girlfriend 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a.) The mother has been the primary caregiver since the children's birth and the mother has consistently provided for the children's educational, medical, emotional, and physical needs. Since April 2000, the mother has been the sole provider of the children's needs and has provided them with a stable home. b.) The father has not acted in the best interest of the children for reasons including, but not limited to, the following: i.) On July 7, 2002, after the father had received notice that the mother had filed for child support, he removed the children fi.om their mother's primary custody where they had been from April 2000 through July 7, 2002. ii.) The father has refused to allow the mother to see the children since July 7, 2002, in spite of her repeated requests that she come to the residence to see the children or have the father bring the children to see her. iii.) The father has refused to let the mother go to his house, where the children are until "everything is settled in court". Furthermore, the father has threatened that if the mother sets foot on his property, he will call the police. iv.) The father has refused reasonable phone contact in spite of the mother's calls several times each week and requests that the children return her calls when she leaves messages. Since July 7, 2002, she has spoken to the children only twice. c.) The mother has concerns since in a phone call with the children, on or about July 24, 2002, Jared cried, telling the mother that he wanted to come home. The father and his girlfi-iend have both told the mother that the child wakes up in the middle of the night crying for her. d.) The mother has concerns regarding the environment of the children because the father and his mother, with whom he resides, drink alcohol heavily. e.) Alyssa starts school on August 26, 2002, and if the child remains in the father's care, she would have to change schools. Alyssa has been enrolled in a LEAP program that allows her to have the same teacher in f'~rst and second grade. f.) Since April 2000 when the parties separated, the children have resided with the mother and by agreement of the parties the father has had custody every other weekend. He has chosen to have the children fi.om Saturday morning to Sunday evening on his weekends. I0. Each parent whose parental fights 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, the plaintiff requests this Court to grant primary physical custody of the children to her with partial custody in the defendant on alternate weekends fi.om Saturday until Sunday and at other times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, ~lamttff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f.) Since April 2000 when the parties separated, the children have resided with the mother and by agreement of the parties the father has had custody every other weekend. He has chosen to have the children from Saturday morning to Sunday evening on his weekends. 10. Each parent whose parental fights 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, the plaintiff requests this Court to grant primary physical custody of the children to her with partial custody in the defendant on alternate weekends from Saturday until Sunday and at other times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Custody Complaint are tree and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsw, orn falsification to authorities. / / K'~m]~ erl y~L~ c a s/~l~'[n'/i ff KIMBERLY LUCAS PLAINTIFF V. SHAWN LUCAS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-3597 CIViL ACTION LAW IN CUSTODY AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 16, 2002 at 9:30 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 age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora 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: Is/ Hubert X. Gilroy. Esq. Custody Conciliator 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 accommg~tions 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINYA'DL~NN~]d ~noo a~u~no ~ViONU -~ ~'~.i 40 3oI~o~3'TW KIMBERLY LUCAS PLAINTIFF V. SHAWN LUCAS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-3597 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Friday, August 16, 2002 at 9:30 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 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Hubert X. Gilro~. Esa. Custody Conciliator ' 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 accommpdations 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KIMBERLY LUCAS, Plaintiff SHAWNLUCAS, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-.J.5~-~ CIVIL TERM PRAECIPE TO PROCF.~r) IN FORMA PAUPER IS To the Prothonotary: Kindly allow, Kimberly Lucas, Plaintiff, to proceed in forma pauperis. I, Joan Carey, 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. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 KIMBERLY LUCAS, Plaintiff V SHAWN R. LUCAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3597 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this 2 ¥' day of August, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Shawn Lucas, and the Mother, Kimberly Lucas, shall enjoy shared legal and shared physical custody of Alyssa Catelyn Lucas, born May 3, 1995, and Jared Kelly Lucas, born March 13, 1998. 2. The parties shall handle physical custody of the minor children as follows: Father shall have physical custody on alternating weekends from Friday after Father's work until Monday morning when Father shall deliver the children to school or the appropriate daycare provider. On the weekdays prior to the weekend Mother will have custody, Father shall have custody from Tuesday evening after Father is off work until Friday morning when Father shall deliver the children to school or the appropriate daycare provider. Mother shall have physical custody of the minor children at times Father does not enjoy custody as set forth above. The parties may modify this custody arrangement by agreement of the parties. Absent any written agreement by the parties, this order shall control. The parties and their counsel shall meet with the conciliator for a second custody conciliation conference on Friday, November 15, 2002 at 8:30 a.m. At this custody conciliation conference, each party reserves the right to assert a claim for primary physical custody in the event the parties are unable to reach a permanent agreement on custody at that time. The above custody schedule contemplates that Alyssa will attend second grade at the Sporting Hill Road Elementary School. Each parent shall enjoy reasonable telephone contact with the minor children during such times as they are in the custody of the other parent. CC: '~Joan E. Carey, Esquire / Sanford A. Krevsky, Esquire BY THE COURT, KIMBERLY LUCAS, Plaintiff V SHAWN R. LUCAS, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3597 CIVIL : IN CUSTODY 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: e The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alyssa Catelyn Lucas, born May 3, 1995; and Jared Kelly Lucas, born March 13, 1998. A Conciliation Conference was held on August 16, 2002, with the following individuals in attendance: The Mother, Kimberly Lucas, with her counsel, Joan E. Carey, Esquire; and the Father, Shawn Lucas, with his counsel, Sanford A. Krevsky, Esquire. The parties agree to the entry of an order in the form as attached. cUb~e~ X roy, Esqmre ustodi~or ' NOV ! 8 gOl~ ~ SHAWN LUCAS Plaintiff KIMBERLY LUCAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW S6q7 ~ NO. 02 -~2~ CIVIL : IN CUSTODY COURT ORDER AND NOW, this /f'-~/~ day of November, 2002, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, Custo~~aYtor Margaret M. Simok MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2105 psimok~midpenn.org Lucas (Smith), Kimberly, Plaintiff/Petitioner Lucas, Shawn, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - CV -3597 CU : :CIVIL ACTION -LAW : IN CUSTODY PETITION FOR CHANGE OF VENUE Petitioner, Kimberly (Smith) Lucas, by and through her attorney, Margaret M. Simok of MidPenn Legal Services, respectfully requests that the above-captioned custody matter be transferred to the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania pursuant to Pa. R.C.P. No. 1915.2(d) and Pa. C.S. §5341 et seq., and in support of this request represents: 1. By Order of this Court dated August 24, 2002, the parties have shared physical and shared legal custody, under above-captioned order. 2. Respondent and the children have lived in Dauphin County since November of 2002. 3. The support Order for the parties is a Dauphin County Order under PACSES number 686104923. 4. Respondent and children are currently residing at 208-A Canal Street, Middletown, Dauphin County, Pennsylvania, 17057. 5. Petitioner is currently residing at 5169 East Trindle Road, Lot 28 Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. DauPhin County is a more convenient forum for the children. 7. Evidence concerning the present and future care and personal relationships of the children is more readily available in Dauphin County, where they have attended school since 2002. WHEREFORE, Petitioner requests that the Court issue a Rule upon Respondent to show cause, if he has, as to why this mater should not be transferred to the Dauphin County Court of Common Pleas. Margarei~. Simok MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 ID#89633 VERIFICATION The above named Petitioner, Kimbedy Lucas Smith, verifies that the statements made in above Petition For Change of Venue are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. Date Kimberly Lucas Smith Lucas (Smith), Kimberly, Plaintiff/Petitioner V. Lucas, Shawn, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - CV -3597 CU : :CIVIL ACTION -LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow KIMBERLY LUCAS, Petitioner, to proceed in fomaa pauperis: Margaret M. Simok, attomey for the party proceeding in forma pauperis, certify I,to pay the costs and that Iarn prov(ding free legal service that I believe the party is unable to the party. Margare(,~l. Simok Attorney for Plaintiff ID#89633 MIDPENN LEGAL SERVICES 213-A North Front Street Harrisburg, PA., 17101 ORDER AND NOW, this __ day of ,2004, pursuant to Pa.R.Civ.P. 240 (d), upon presentation and consideration of the within Praecipe to Proceed In Forma Pauperis, said Application is hereby grained. Date Prothonotary SEP 3 0 ZOO; ~ Lucas (Smith), Kimberly, Plaintiff/Petitioner Lucas, Shawn, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - CV -3597 CU ~CIVIL ACTION -LAW : IN CUSTODY ORDER ti" day of__ 61d~2__----, 2004, upon AND NOW, this consideration of the foregoing petition, it is hereby ordered that: 1. A role is issued upon Respondent, Shawn Lucas, to show cause why the Petitioner is not entitled to the relief requestecl in the attached petition; 2. Said Rule is returnable ten (10) days from service hereof; 3. All proceedings in this matter are stayed until further Order of Court. BY THE COUP-T: C .o(/Sanford Krevsky, Esquire, 11~1 N. From Street, Harrisburg, PA 17102 /SShawn R. Lucas, 208-A Canal Street, Middletown, PA 17057 /l~idPenn Legal Services, 213A N Front St, Harrisburg, PA 17101 \0.0 Lucas (Smith), Kimberly, Plaintiff/Petitioner Vo Lucas, Shawn, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - CV -3597 CU : :CIVIL ACTION -LAW : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE KEVIN HESS, JUDGE: Margaret M. Simok, Esquire, respectfully submits as follows: 1. In response to a previously filed petition, this Honorable Court issued a rule to show cause, dated October 4, 2013,4, requiring Defendant, Shawn Lucas to show cause why Venue should not be transferred to Dauphin County, Pennsylvania. 2. Both Mr. Lucas and Sanford Krevsky, Esquire, were served with the rule to show cause, by mailing same regular mail with the United States Postal Service on October 28, 2004. 3. The rule was returnable ten (10) days fi.om service thereof. 4. Neither Mr. Lucas or Sanford Krevsky, Esquire, has responded to the Petition. WHEREFORE, the undersigned moves this Honorable Court to make absolute its October 4, 2004 role, and instruct the Prothonotary to transfer the file on this docket to Dauphin County for filing. / 0 -~9 KY"/ Respectfully submitted, Margar~~k MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2105 Supreme Court ID# 89633 V Lucas (Smith), Kimberly, Plaintiff/Petitioner Lucas, Shawn, Defendant/Respondent NO 2 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - CV -3597 CU : :CIVIL ACTION -LAW : ]N CUSTODY ORDER AND NOW, .///**,e..4~ ¥'" ,2004, upon consideration of the Petition for Change of Venue, IT IS HEREBY ORDERED AND DIRECTED that venue is hereby transferred from Cumberland County, Pennsylvania to Dauphin County, Pennsylvania. The Prothonotary of Cumberland County is directed to send the file to Dauphin County for filing. Cc.' BY THE COURT: Shawn Lucas, 208-A Canal Stree etown, PA 17057 Sanfom Krevsky, Esquire, 1101 N. Front Street, Harrisburg, PA 17101 MidPenn Legal Services, 213-A N Front Street, Harrisburg, PA 17101 Lucas (Smith), Kimberly, Plaintiff/Petitioner Lucas, Shawn, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - CV -3597 CU : :CIVIL ACTION -LAW : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE KEVIN HESS, JUDGE: Margaret M. Simok, Esquire, respectfully submits as follows: 1. In response to a previously filed petition, tihis Honorable Court issued a rule to show cause, dated October 4, 200.4, requiring Defendant, Shawn Lucas to show cause why Venue should not be transferred to Dauphin County, Pennsylvania. 2. Both Mr. Lucas and Sanford Krevsky, Esquire, were served with the rule to show cause, by mailing same regular mail with the United States Postal Service on October 28, 2004. 3. The rule was retumable ten (10) days from service thereof. 4. Neither Mr. Lucas or Sanford Krevsky, Esquire, has responded to the Petition. WHEREFORE, the undersigned moves this Honorable Court to make absolute its October 4, 2004 rule, and instruct the Prothonotary to transfer the file on this docket to Dauphin County for filing. Respectfidly submitted, MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2105 Supreme Court ID# 89633