HomeMy WebLinkAbout97-00202
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LORI LISK
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MATTHEW BOOKER, JR.,
Defendant
: NO. 97-.)(t~ CIVIL TERM
ORDER OF COURT
AND NOW, this I 7 '''day of J,'",,,,, '{ ,1997, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before,
\-\v.\(I\ t b'l(u!th~conciliator, at ll\., \ !l,'y ,Cumberland County Courthouse,
on the 1. g day of l= r ~ , ,1997, at 1: J,(J ",m., 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. Either party may bring the child who is the subject of this custody action to
the conference, but the child's attendance is not mandatory. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
By: -;?l,(jllY,. alLytf:/,
Custody Conciliator '-r+//
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4th Floor
CARLISLE, PA 17013
717/240-6200
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.
Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
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 rights with respect to the child.
S. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff provides the child with a home with adequate moral, emotional, and physical
surroundings as required to meet the child's needs;
c) Plaintiff continues to accept custody of the child;
d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the
child;
e) Defendant has not indicated to Plaintiff an interest in accepting custody of the child;
f) Defendant abuses illegal drugs and alcohol;
g) Defendant is a cross-country truck driver who is on the road for long periods of time.
6. 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, Plaintiff requests the court to grant to her custody of the child.
Date I Jil ..1(/ .)/ :Vi i J//{i//{J,.J
LISA A. MALLORY
Certified Legal Intern
. . - /'
:) '? flu { (I (,. (. /;(..~~
KATHERINE C. PEARSON
Supervising Attorney
FAMILY 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. Section 4904, relating to unsworn falsification authorities.
Date J ) ? C; &
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LORI LlSK
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LORI LlSK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
V,
CIVIL ACTION-LAW
IN CUSTODY
MATTHEW BOOKER, JR.
Defendant
NO, 97- L)(J,)
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow LORI LlSK, Plaintiff, to proceed in forma pauperis.
I, LISA A, MALLORY, of the Family Law Clinic, student 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 service to the party. The party's affidavit showing inability to pay the
costs of litigation is attached hereto,
Date: I. / /./ (/'/
)(' {i .) 1)1~11 i iJi i/
LISA A, MALLORY I
Certified Legal Intern
--) /'l /
( .:... ( I) f_/... ~,-.k."U l
KATHERINE C, PEARSON
Supervising Attorney
GAIL R. SHEARER
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW IN
: CUSTODY
LORI LlSK,
Plaintiff
MATTHEW BOOKER, JR,
Defendant
: NO, 97- CIVIL TERM
AFFIDA VIT SUPPORTING PETITION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding,
2, I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: Lori Lisk
Address: 134 North Pitt Street
Carlisle, Pennsylvania 17013
Social Security No,: 195-66-0741
(b) Employment
If you are presently employed, state
Employer: None
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: August 1995
Salary or wages per month: $418,50
Type of work: Cashier/waitress
(c) Other income within the past twelve months
Business or profession: 0
Other self-employment: 0
Interest: 0
Dividends: 0
Pension and annuities: 0
Social security benefits: 0
Support payments: $25,00 Support Pass Through
Disability payments: 0
Uncmployment compensation and supplemental benefits: 0
Workman's compensation: 0
Public Assistance: $403.oo/month
Othcr: Food Stamps $291.oo/month
(d) Othcr contributions to household support
(Wjfc)(Husband) Name: None
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned 0
Cash: 0
Checking account: 0
Savings account: 0
Certificates of deposit: 0
Real estate (including home): 0
Motor vehicle: None
Stocks; bonds: 0
Other: 0
(f) Debts and obligations
Mortgage: 0
Rent: $150,00 per month
lJo<uls: 0
Phone $35,00 per month
Electric $40,00 per month
Water and Sanitation $25.00 per month
Gas $75.00 per month
Cable $40.00 per month
Transportation $10.00 per month
Clothing for mother and children $60,00 per month
Laundry $40,00 per month
Groceries $415.00 per month
(g) Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Age:
Karl Laughman 10 months
Austin Lisk 2 years
~.
Other persons:
MM ; ~ '~Is{dl"
AND NOW,
this
:) ,'t\'
day of
J..1 A 1
,
1997,
the
LORI LISK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
MATTHEW BOOKER, JR.
Defendant
:NO. 97-202 CIVIL TERM
: IN CUSTODY
COURT ORDER
Conciliator being advised that the parties have reached an
agreement in the above ease, the Conciliator relinquishes
jurisdiction.
Hubert X. Gilroy, Esqu' e
Custody Conciliator
LORI L. LISK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CUSTODY
MATTHEW BOOKER, JR.,
Defendant
NO. 97-202 CIVIL TERM
ORDER FOR RULE TO SHOW CAUSE
AND NOW, this
..
10 day of October, 1.9Q7:
(1) A rule is issued upon Lori L. Lisk to show cause why The
Family Law Clinic should not be granted leave to withdraw as
counsel of record;
(2) Lori L. Lisk shall file an answer to petition within
twenty (20) days of service upon her;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) Notice of the entry of this order shall be provided to
all parties by the Family Law Clinic.
BY THE COURT,
Ad
J.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
~
LORI L. LISK,
Plaintiff
MATTHEW BOOKER, JR.,
Defendant
NO. 97-202 CIVIL TERM
~TION FOR LEAVE TO WITHDRAW PURSUANT TO RULE 1.16 Ihl 141 AND
151 OF THE PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT
Petitioner, the Family Law Clinic, hereby petitions to
withdraw from further representation of Lori L. Lisk, pursuant to
Rule 1.16 (b) (4) and (5) of the Pennsylvania Rules of Professional
Conduct, and in support therefore avers the following:
1. The Family Law Clinic agreed to represent Ms. Lisk in
September 1996.
2. On January 14, 1997, The Family Law Clinic filed an IFP
and a Complaint for Custody on behalf of Ms. Lisk.
J. An Order setting a Custody Conciliation was signed on
January 17, 1997, by Hubert X. Gilroy, Esq.
The Custody
conciliation was scheduled for February 28, 1997.
4. The Custody Conciliation for February 28, 1997, was
canceled for lack of service upon the Defendant.
5.
Service was attempted by restricted,
certified,
registered mail to the defendant's parents home in South Carolina,
the defendant's last known address.
6. The Custody Conciliation was rescheduled for April 11,
1997.
7. In an attempt to complete service upon the Defendant, The
Family Law Clinic contacted a process server in South Carolina who
was willing to serve the Defendant for a small fee.
8. Ms. Lisk was informed on several occasions that this fee
was essential to continuing her case. Ms. Lisk has not paid the
fee.
t
..
9. There have been three canceled and rescheduled
conciliations since January 1997. The conciliations were all
canceled for lack of service upon the defendant.
10. In May 1997, Ms. Lisk was telephoned and the consequences
of not paying the fee were discussed. The fee was not paid. No
new conciliations have been scheduled since that time.
11. The Family Law Clinic sent Ms. Lisk a letter on August
28, 1997, requesting she contact us to discuss the status of her
case. Ms. Lisk did not respond.
12. The Family Law Clinic sent Ms. Lisk a letter on September
11, 1997, asking her to contact us and warning her of the
possibility of withdraw as counsel if she did not respond. Ms.
Lisk has failed to respond.
13. The Family Law Clinic is unable to provide effective
representation for Ms. Lisk because of her failure to remain in
contact with the Family Law Clinic and because of her failure to
pay the needed service of process fee.
14. The Family Law Clinic has provided Ms. Lisk with
reasonable warnings that the Clinic would seek to withdraw from the
case should she fail to maintain contact or pay the fee.
15. Continuing representatio~ of Ms. Lisk has been rendered
unreasonably difficult by Ms. Lisk's failure to communicate with
the Family Law Clinic or pay the needed service of process fee.
t
i
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
LORI L. LISK,
Plaintiff
MATTHEW BOOKER, JR.,
Defendant
NO. 97-202 CIVIL TERM
CERTIFICATE OF SERVICE
I, Laura A. Austin, Certified Legal Intern, The Family Law
Clinic, hereby certify that I am serving a true and correct copy of
a Petition for Leave to Withdraw on the following persons by first
class united States mail, postage prepaid, the 'I~ day of
october, 1997: Lori L. Lisk, residing at 134 North pitt street,
Carlisle, PA 17013.
~LU l{-l{ .lLu .CD. l,'-'
Laura A. Austin
Certified Legal Intern
Family Law clinic
45 North pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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