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HomeMy WebLinkAbout97-01485 ~ ~ E . ./J "7 ~ ~ c.. j ~ ~ 'J) ~ '- p!! J L() . '00 1:. , IN THE COURT OF COMMON PLEAS FOR CUMBERLAND cou~tY, PENNSYLVANIA AMBY L. STONEBRAKER, PLAINTIFF CIVIL ACTION - LAW V. : : : : : : : NO. 97- /4-85' CIVIL TIIM BRIAN X. MELLOTT, DEFENDANT CUSTODY ORDIR OF COURT AND NOW, _\'-~C'\Cf: \~ ;}(C , 1997 upon consideration of the attached Complaint for custody. it is hereby directed that the parties a!ld their respective counsel appear before r-ll.U1')l:' \ L. &.lI'C)\. c'n\.lll\:"_ . the conciliator. at -;',('~) \. \.~~~, 'C(,)"Y'\plnll) ,::A on the ~\h day of MO~ _ . 1997. at <.:1 '. DC' C\ .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. 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. FOR THI COURT, BY: 'TIur [7.-C\DQf~ g{\i~, ~ . custody ConciliatorrU)) 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. YOU SHOULD TAXI THIS PAPn TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD OHl, GO TO OR TBLEPHOHl THE OFFICE SRT FORTH BILOW TO FIND OUT WHIRB YOU CAN aBT LBGAL HELP. Office of the Court Administrator Courthouse. 4th Floor Carlisle. PA 17013 Telephone (717) 240-6200 cc: Brian K. Mellott Richard L. Webber, Jr., Esq. IN THI COURT OF COMMON PLBAS FOR CUMBIRLAND COUNTY, PENNSYLVANIA AMBY L. STONEBRAKBR, I CIVIL ACTION . LA" PLAINTIFF I I NO. 97.1L/8S v. I CIVIL TERM I BRIAN X. MlLLOTT, I DEFENDANT I CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is lIMEY L. STONEBRAKER, residing at 26 Mount Rock Road. Newville, PA, with mailing address of P.O. Box 305, Newville, cumberland County, Pennsylvania. 2. The defendant is BRIAN K. MELLOTT, residing at 228 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3. plaintiff seeks custody of the following child: tiAB Present Residence &Jc (DOB 11/07/96) Brandon Mellott P.O. Box 305 Newville, PA 17241 The child was born out of wedlock. The child, Brandon Mellott is presently in the custody of Amey L. Stonebraker who resides at 26 Mount Rock Road, Newville, PA, with mailing address of P.O. Box 305, Newville, PA 17241. During the past five years the child has resided with the following persons and at the following addresses: liAIIm List all Addresses Dates Arney L. Stonebraker, Steve Stonebraker. Mary Stonebraker, April. Adam, and Aaron Stonebraker 26 Mount Rock Road Newville. PA 17241 11/07/96 to present The mother of the child is Arney L. Stonebraker, currently residing at 26 Mount Rock Road, Newville, PA 17241. . She is single. The father of the child is Brian K. Mellott, currently residing at 228 Mill Street, Mount Holly springs. PA 17065. He is single. 4. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: ~ Relationshic Steve and Mary Stonebraker April Stonebraker Adam Stonebraker Aaron Stonebraker parents sister brother brother 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: ~ Relationshic Rodney and Linda Failor parents 6. 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. Plaintiff does not have information of a custody proceeding concerning the child pending in a court of this commonwealth. Plaintiff is not aware of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: a. Plaintiff is the natural mother of the child; b. Plaintiff is better able to care for the physical, emotional, educational and medical needs of the child; and c. Plaintiff has been the primary caretaker of the child since birth. IN THI COURT OF COMMON PLEAS FOR CUMBBRLAND COUNTY, PBNNSYLVANIA AMBY L. STONBBRAltBR, I CIVIL ACTION - LAW PLAINTIFF I I V. I NO. 97-1485 CIVIL TBRM I BRIAN X. MELLOTT, I DEFENDANT I IN CUSTODY AFFIDAVIT OF SBRVICK COMMONWEALTH OF PBRNSYLVANIA I I SS COUNTY OF CUMBBRLAND I Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Complaint in Custody in this matter by certified mail, return receipt requested, addressee only, to the Defendant, BRIAN K. MELLO!. of 228 Mill Street, Mt. Holly Springs, Pennsylvania 17065 on April 4, 1997. The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as Exhibit "A". \ A-f /l'~Y-: Ricnard L. Webber, J ., Attorney for Plaintiff 356 Green Spring Road P.O. Box 40 Newville, PA 17241 (717) 775-5565 i Sworn to and subscribed before me this ,. day of -'Dtl.'f . 1997. lkd (/~Uc_.0 Notary Public Nnr~ry ~EAl ,['IEB01"......11 ~\A~.::p. \ "t;, 'v P;~~t't.: Stuppcn~~u~;, C~illl',Hrj.lr.r: .'-".;II"'t',' 13-' ~"" CqrTW1I~.Si,-;f'l i ""Ih'\) ~J, 8 '9i1 IN THB COURT OF COMMON PLBAS FOR CUMBBRLAND COUNTY, PBNMSYLVANIA AMBY L. STONEBRAXBR, I CIVIL ACTION - LA" PLAINTIFF I I V. I NO. 97-1485 CIVIL TBRM I BRIAN !t. MELLOTT, : DBFENDANT I IN CUSTODY P 1127 251 alrll ;~:,.:"';'?f..;,:~:~'~!J.::.:-~_':'" -.~- .,-. nllo wlIII to ,...:'. us posta/_ Receipt for Certified Mail No InsuIance Covetagt _ 00 001 use lot 1nt.....1lanaI Mal s.. AI'.""" SonIIo .. " end ... II peld) I J f ~F.. .I s,-II 00Ii*Y F.. 1 .vl Aestnc:.Wd o.ivery f. ~K,*lI.J i -- 10 8 lD ... ~ ... U'I ... 2.75 1.10 -'b. s-Ice Type o Rlallllr..s 0 ........ ~ Oc;oo o r.- _ 0 lleIurn Receipt for 7. ~ _ . _._, _ -i.~~_