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HomeMy WebLinkAbout97-00418 I \ \. u - - '- E II] ) - - It "'\S ~ q) ~ ~ I / / - . . ~ . , t--. ~I 'I ~I 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 rights 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 plaintiff has been the primary caretaker of the child and is in a position to continue to provide for the child's needs, including a stable environment. b, The plaintiff has no desire to impede the child's relationship with the defendant, but fears that the parties' impending separation combined with the defendant's repeated and expressed desire to leave the state of Pennsylvania permanently and his admission that he has purchased a plane ticket to Idaho for himself and the child will result in the child's removal from the state without her consent and that she will be unable to have the child returned to her custody. c. The relationship between the parties is deterioratin~ and conflict between them is escalating such that separation is imminent. The defendant has relatives in Idaho and Wyoming where she fears he may take the child and keep him from her. d. The defendant's mother has purchased two plane tickets for January to Idaho for the defendant and the child, did not tell the plaintiff the time of their departure and arrival, and refuses to allow the plaintiff to come on the trip, causing her to fear that the child will not be returned to her. e. The defendant is unstable, depressed, and quick to anger which causes the plaintiff to fear that the defendant will follow through on his threats to leave Pennsylvania and take the child, 10. 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, the plaintiff requests this Court to grant her primary physical custody of the child. Respectfully submitted, 1 ,.-, '/ / t. 'tr-t",-,j U<<Vu.--!.--V /(Joan Carey (l Attorney for LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , ' "., " I., f;::..: j{;~ ~~~'f,;: ;i~~ \--1'f .~ ,~:.. . J'~:l.. .t~~::~.~' '~'-'''+-::f r~j~;"~'i :~. \; ,."'~ t):_~';. I"::~' , (I .0 C) , ._1 ..'1' ,- ~ ..;l -r: .:11 (, ; 'r' (' ~ ~1 . i.11 , Jl:? l', o' ;c> r' ~~ . --:, ,. :.~, -. j-' ,- ' -.0 , , - ,no :.- ~--; I ~;I :"_1 :.11 :D. --- <11 -'. ~. I \, " LI SA KENDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-.1./1 ~ CIVIL TERM v, ROBERT R. MILLER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lisa Kendall, 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. The party's affidavit showing inability to pay the costs of litigation is attached hereto. oan Carey Attorney for Pla ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 J I' I . LISA KENDALL, IN THE COURT OF COMMON PLEAS OF ~ Plaintiff v, CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- 'It? CIVIL TERM ROBERT R. MILLER, Defendant AFFIDAVIT IN SUPPQRT OF PETITION FO!L.~l<"y_E TQ PRQ_CE;,~JLJ1'l-'=-9RMA 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, defending, or appealing 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: Lisa Kendall Address: 371 Bobcat Road Newvi)le PA 17241 Social Security Number: 162-54-8118 (b) If you are presently employed, state Employer: ~~rli~l~ Barricks -Commissary Address: C!l,LUsJJl__P-1\_JL013 Salary or wages per month:, 743.00/Qross Type of work: ___.______!:tI;lLJ~J,ock~r. If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: ~ . i , (c) Other income within the past twelve months .~ Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: S260.00/month child support Unemployment compensation and supplemental benefits: _~888/month (5-96-10/96) Workman's compensation: Public Assistance: Othe r : (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: 20,00 Checking Account: 500,00 Savings Account: 800.00 Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Ford Taurus Cost $2500.00 Year 1989 Amount owed$O N/A (f) Stocks; bonds: Other: ___~____ Debts and obligations Mortgage: Rent: (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name:Dustin Kenda 11 Age: 9 years Austin Mi ller 3 years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are t . ; . .. ~) :' _J , ., \ " ::1 ,- ;'., , ~ "1 .. C) , ' "- /:1 '1 -, , ~) nI " , . i '.n 'J, -. ,,, -. r' ~;.! f~ .-,.... .. , !' . ,"1 n!, Ii'; . .. il 'i: ~'\,l.)c."n..Q.Q..)hc'''<-\.(,J .\", l,:::', , .' c.. . (- ~. r.. i""'-\.~J I'i.<il..'...." \"" ;2~dRj\~ ~ ... .;. , " , ..' , ~ . ~, '."t: Lisa Kendall, Plaintiff IN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- V/fCIVIL TERM Robert R. Miller, Defendant CUSTODY The petitioner by and through her attorney, Joan Carey, PETITION FOR SPECIAL RELIEF Legal Services, Inc., represents the fOllowing: 1. The Plaintiff, Lisa Kendall, hereinafter referred to as the mother, resides at 371 Bobcat Road, Newville, Cumberland County, Pennsylvania 17241. County, PennsYlvania 17241, as the father, resides at 371 Bobcat Road, Newville, Cumberland 2. The defendant, Robert R. Miller, hereinafter referred to 3, The parties are the parents of Austin S, Miller. 4, On January 24, 1997, a Complaint for Custody was filed in the above-captioned matter by the plaintiff and a conciliation conference will be Scheduled, fOllOWing: plaintiff for reasons including, but not limited to, the will be served by granting immediate primary custOdy in the 5. The best interests and permanent welfare of the child a, The plaintiff has been the primary caretaker of the child and is in a Position to Continue to provide for the child's needs, including a stable environment, b. The plaintiff has no desire to impede the child's relationship with the defendant, but fears that the parties' impending separation combined with the defendant's repeated and expressed desire to leave the state of Pennsylvania permanently and his admission that he has purchased a plane ticket to Idaho for himself and the child will result in the child's removal from the state without her consent and that she will be unable to have the child returned to her custody, c. The relationship between the parties is deteriorating and conflict between them is escalating such that separation is imminent, The defendant has relatives in Idaho and Wyoming where she fears he may take the child and keep him from her. d. The defendant's mother has purchased two plane tickets for January to Idaho for the defendant and the child, did not tell the plaintiff the time of their departure and arrival, and refuses to allow the plaintiff to come on the trip, causing her to fear that the defendant might not return the child, e, The defendant is unstable, depressed, and quick to anger which causes the plaintiff to fear that the defendant will follow through on his threats to leave Pennsylvania and take the child. 6, The plaintiff has no desire to prevent the defendant from visiting his relatives with the child, but she wishes to be assured that the child will be returned to her. WHEREFOREr the plaintiff requests that this court enter a Temporary Order granting immediate primary physical custody of the child to the plaintiff pending further Order of Court after Conciliation. Respectfully submitted, . /i) ,/!,-tJ_ ,IV UCi--la,~ ~ .Joan Carey , Attorney for Plain iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 I I, I 't'i ~) .~ ", '~ J I , ., .",'1 p ..... -, -, , i, .. ~ , -, ::./ ...1 ~...