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Home My WebLink About00-05515 "",""'",, '--_.", ,-- .~ _.' _,''':'d ----" i ,-,r," ----;' ,.,.'< ." ,,' ;;-, ,__" ,::':,L..,;!2:.',,;,'::". ,--,' i:'~ 'x;.! [I APR 1 0 2003\:7 II [I, ~ Ii , Ii II COURT OF COMMON PLEAS ALLEGHENY COUNTY PITTSBURGH, PENNSYLVANIA 15219 RANDAL 8, TODD JUDGE JUDGE'S CHAMBERS (412) 350-0341 I; Ii : ~ " " !\ April 7, 2003 , If Il I: The Honorable Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 :'~ , ~ , , , ~ Re: Fernandez vs. Hurt Your Docket No.: 00-5515 Dear Judge Guido: It was nice to speak with you today concerning the above-captioned matter. For your records, I am enclosing a copy of my Order of Court keeping jurisdiction in your County. I mailed a copy out to the Mother and Father in the case. I'm not sure if Mother is represented by Counsel anymore. If you have any questions or need any other information, please don't hesitate to contact me. Thank you for your cooperation. RBT:ell ;f~' Enclosure . ~ OCT 0 3 200llbb "II ,I Ii ,Ii ,,; I,! I I :, !I ii' 'i '.11 q' :1: ;11 ii, Ii' II: Ii I , , I: , !' II I' if II: , i I i DRUSS;LLl LEE FERNANDEZ, .. Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5515 NATHANIEL HURT, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this (, ~ day of D ~ , 2000, upon consideration of the attached Custody Conciliation Summary Report it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Drussilla Lee Fernandez and Nathaniel Hurt, shall have shared legal custody of the minor Children, Cheyenne Hurt, born August 24, 1994, and Tiara Hurt, born December 17, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. A. Summer: Father shall have three weeks in the month of July and three weeks in the month of August, which weeks are to be separated of a period of no less than ten days. Father shall give Mother a 30-day notice of which weeks he chooses. I ( , I' I, t 11 I: 1 , 2. Physical Custody. The Mother shall have primary physical of the minor Children subject to Father's rights of partial physical custody as follows: B. Holidays: Thanksgiving: In even-numbered years Mother shall have Thanksgiving Day until the Friday after Thanksgiving until Noon, i.e. November 23, 2000, until November 24, 2000, at Noon. Father shall have from Noon the day after Thanksgiving until the day before the Children shall return to school. In odd-numbered years Father shall have Thanksgiving Day, or the day after school is out for the Thanksgiving break, until Noon the day before school resumes for the Thanksgiving break. Christmas: For Christmas 2000, the holiday period for Father shall be ... . -'. ""~... l~ - " ~ ' - "....~ -~ ~ I '" IN THE COURT OF COMMON PLEAS OF ALlEGHENY COUNTY, PENNSYLVANIA NATHANIEL HURT, FAMILY DIVISION Plaintiff, No.: FD94-12718-008 vs. ORDER OF COURT DRUSSILLA FERNANDEZ, JUDGE RANDAL B. TODD Defendant. COPIES SENT TO: Counsel for Plaintiff: Pro Se: Nathaniel Hurt 1402 Fifth Avenue Pittsburgh, PA 15219 Counsel for Defendant: Pro Se: Drussilla Fernandez 309 East Minor Street West Chester, PA 19382 - " . .". ,. IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA NATHANIEL HURT, FAMILY DIVISION Plaintiff, vs. No.: FD94-12718-008 DRUSSILLA FERNANDEZ, Defendant. ORDER OF COURT AND NOW, to-wit, this 7th day of April 2003 upon completion of judicial hearing in which Defendant, Drussilla Fernandez, was not present, it is hereby ORDERED as follows: 1. Jurisdiction regarding custody of the parties' minor children, Cheyenne Hurt, (D.O.B. 08/24/94) and Tiara Hurt, (D.O.B. 12/17/96) is found to remain in Cumberland County, Pennsylvania. 2. This Court relinquishes all further jurisdiction as it concerns custody. J. "~~,;" , , , NO. 00-5515 from December 24th through December 30th, and for all other even- numbered years thereafter. In odd-numbered years, Mother shall have from December 24th through December 26th at Noon, and Father shall have from December 26th at Noon until December 30th at Noon. . " i:\ !'l I'"~ I"~ Easter Break: The Children shall be with Mother during even-numbered years. During odd-numbered years, Father's period of partial custody for Easter break shall begin at Noon the day after school is out until Noon the day before school resumes. :; 3. Each party will keep each other informed of their address and telephone number if they plan to take the Children out of state for a period of 48 hours or more during their period of custody. 4. The parties shall allow reasonable phone contact to be provided to the non- custodial parent. 5. The parties shall share transportation. The parties' exchange point shall be the Bedford Exit of the Pennsylvania Turnpike unless otherwise agreed. The exchange time shall be Noon. ~~ C~{)-q _00 I~ Dis!: Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 Nathaniel Hurt, 48 Reed Street, Pittsburgh, PA 15219 ,~ - ~1~~Ii_Illl$M~~~~lS1il~ ViNV/\lASr~N3d }JNnC(i..'r;~{jq'/~m . " 'h U\' b~ - l"J.' 0.' 'u~ 'u' tv 'V i~ij AtNl0;"K>";J:,.. _L .:X) 3f)J:j~O-CE-:U ~:i~',: :.'~,1);t~,~ ,,[t;,~;~m: I, u t ,: i",d~.","[I"i"R,~.,.",.", ;",..~".J<-r", '.' ,~,,\,_""",. ,,,. ,",".~. " .",,>;;'~' ".Jff~. ~."'_'-',.,.. ",.,". ~'"' .~'" ".", _,. ~ < "~""'"V '"lilu'~~"" 'ili~j ~. c. .~r~" 'A' d_", - ,. , , .. - "._u IT ~ ~,- . ., OCT 0 3 200Qb} . DRUSSILLA LEE FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-5515 NATHANIEL HURT, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cheyenne Hurt Tiara Hurt August 24, 1994 December 17,1996 Mother Mother 2. A Conciliation Conference was held on September 13, 2000, with the following individuals in attendance: The Mother, Drussilla Lee Fernandez, and her counsel, Joan Carey, Esquire; and the Father, Nathaniel Hurt, pro se. 3. The parties agreed to an Order as attached. Melissa Peel Greevy, Esquire Custody Conciliator (tOq/2d1f) Date ._" ,_r-''-'.-'", .,,', II " :~ ,t t ,ii OCT 0 3 200Q/)/J i~ I" 1% Ii , II I! , Il !~ !~ i] I~ I , 1 DRUSSILLA LEE FERNANDEZ, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5515 NATHANIEL HURT, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND ~OW, this (, ~ day of D ~ , 2000, upon consideration of the attached Custody Conciliation Summary Report it is hereby ordered and directed as follows: I~ Ii II 'I I I ~ 1. LeQal Custody. The parties, Drussilla Lee Fernandez and Nathaniel Hurt, shall have share~legal custody of the minor Children, Cheyenne Hurt, born August 24, 1994, and Tiara Hurt; b6rn December 17, 1996. Each parent shall have an equal right, to be exercised jointly with; the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Mother shall have primary physical of the minor Children subject toFa~her's rights of partial physical custody as follows: A. Summer: Father shall have three weeks in the month of July and three weeks in the month of August, which weeks are to be separated of a period of no less than ten days. Father shall give Mother a 30cday notice of which weeks he chooses. B. Holidays: Thanksgiving: In even-numbered years Mother shall have Thanksgiving Day until the Friday after Thanksgiving until Noon, Le. November 23, 2000, until November 24, 2000, at Noon. Father shall have from Noon the day after Thanksgiving until the day before the Children shall return to school. In odd-numbered years Father shall have Thanksgiving Day, or the day after school is out for the Thanksgiving break, until Noon the day before school resumes for the Thanksgiving break. Christmas: For Christmas 2000, the holiday period for Father shall be "-~~~" . , -rrb'"" DRUSSILL1 LEE FERNANDEZ PLAINTIFF J v. NATHANIEL HURT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5515 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of August , 2000, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Seuate Avenue, Suite 105, Camp HiD, PA 17011 on the 13th day of September, 2000, at 1:00 PM 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 gro1.mds for entry of a temporary or permanent order. FOR TIlE COURT, By: Isl Melissa P. Greevy. Esq.tIJ 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 acconunodations 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 TIllS 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 r::1 r-=[}.i](FlCE OF 1!.'i)"Y)':"/~;~."-:::X'JOTARY 00 AUG l::i PH 2: 21 CUM8EHU.\j\iO COUNl"Y PENNSYLVI'NIA 1-/~-t?o <<f-/S-OtJ ~.J5~.O(} M. ~ ~~. Xs. ~~"'-p. ~~7P~. ~ mJu -Ib 4~ ~ ^ ,-,',' ~,lli'1'i!lilfli:oml1l"fil!lll~l!I\lllII"_""",,,,",,,.. '~I__'''''"'''''''~_"'' ,4"~".--, Ii ~~:'I!I~i'~!II'<lilID'!~!1!'lJfli!$j:W\;J\l!llMll!ll1.~rn "'11' - , - ' ~ , ,.--..- -~~ ~ '''If DRUSSILLA LEE FERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- S-S"I5" CIVIL TERM NATHANIEL HURT, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of , 2000, at _ .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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, Date Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 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. .,~~ " ',- ~ 1lI1llf11il1iii~};,; DRUSSILLA LEE FERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OO-';.!J-' S" CIVIL TERM NATHANIEL HURT, Defendant : CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Drussilla Lee Fernandez, residing at 275 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. The defendant is Nathaniel Hurt, residing at 48 Reed Street, Pittsburgh, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Age D.O.B. Cheyenne Hurt 275 Plaza Drive, Boiling Springs, PA 5 8/24/94 Tiara Hurt 275 Plaza Drive, Boiling Springs, PA 3 12/17/96 The children were born out of wedlock. The children are presently in the custody of Drussilla Fernandez, who resides at 275 Plaza Drive, Boiling Springs, PA.. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Cheyenne; Plaintiff; Defendant 1410 5th Avenue Apt 4R Pittsburgh, P A 8/24/94 until 2/95 ,~^". ,.~~,~ Name Address Date Cheyenne; Plaintiff; Plaintiff's 206 North Baltimore A venue 2/95 until 8/95 mother, Leila Hershey; Mount Holly Springs, P A Plaintiffs step father, Donald Hershey Cheyenne; Plaintiff; 48 Reed Street 8/95 until 9/96 Defendant; Defendant's Pittsburgh, P A mother, Eleanora Andrews Cheyenne; Plaintiff Salvation Army, 9/96 until 11I96 Carlisle, P A Cheyenne; Tiara (d.o.b. 12/17/96); 7 West Pomfret Street, 11196 until 3/97 Plaintiff Carlisle, P A Cheyenne; Tiara; Plaintiff; 275 Plaza Drive 3/97 until 10/97 Defendant Carlisle, P A Cheyenne; Tiara; Plaintiff; Plaintiff's Husband, Carlos Fernandez; Plaintiff's Daughter, Oceanna Cheyenne, Tiara; Plaintiff; Plaintiff's Husband; Plaintiffs Daughter Cheyenne; Tiara; Defendant; Defendant's Friend, John; Defendant's Mother, Eleanora Andrews Cheyenne, Tiara; Plaintiff; Plaintiffs Husband; Plaintiff's Daughter 275 Plaza Ave Carlisle, P A 10/97 until 12/25/97 275 Plaza Avenue Carlisle, P A 12/25/97 until 7/8/00 48 Reed Street Pittsburgh, P A 7/8/00 until 7/30/00 275 Plaza Avenue Carlisle, P A 7/30/00 until Present 4. The relationship of plaintiffto the child is that of natural mother. 5. The plaintiff currently resides with the following persons: ,~- "':IllIld~,- Name Relationship Carlos Fernandez Husband Oceanna Fernandez Daughter Tiara Hurt Daughter Cheyenne Hurt Daughter 6. The relationship of defendant to the children is that of natural father. The defendant currently resides with the following persons: :-1 ! Name Relationship !~i i I Eleanora Andrews Mother , ;,1 John Friend i , 'i I :1 'i 7. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. The plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to, the following: a) Mother has been the primary caretaker ofthe children since their birth. b) Mother is the parent who is best able to provide for the children's needs and facilitate contact between the children and the other parent. c) Father has not acted in the children's best interest in ways including, but not ~-- - " ~~.w:Ii'i} limited to, the following: i. Denying Mother contact with the children, most recently refusing to return them to Mother for three weeks after an agreed upon period of custody. II. Denying Mother reasonable phone contact with the children. iii. Estranging the children from Mother by speaking disparagingly about her in their presence. II. Each parent whose parental rights to the child have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical custody of the children with supervised visitation in the defendant. The Plaintiff further requests any other relief which is just and proper. Respectfully submitted, ,/' ~y Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 - l!IiIm.!:':"!/" AFFIDA VII IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA P AUPERlS 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. 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: Drussilla Fernandez Address: 275 Plaza Drive Boiling Springs. Pa. 17007 Social Security Number: 207-56-1668 (b) If you are presently employed, state Employer: N/ A Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 1/99 Salary or wages per month: $800.00 Type of work: Nursing Assistant (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: 0 Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Worker's compensation: 0 Public Assistance: 0 Other: Food Stamps (d) Other contributions to household support (Husband) Name: Carlos Fernandez If your (husband) is employed, state Employer: Self Salary or wages per month: $1.219.00 Type of work: Electrician (Sub contractor) Contributions from children: 0 (e) Property owned Cash: Checking Account: o Savings Account: 0 ~'*' $18.00 ,," " Certificates of Deposit: 0 Real Estate (including home): N/A Motor vehicles (2): Make Oldsmobiles Year Cost 0 Stocks; bonds: 0 Other: 0 Amount owed 0 (f) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: $120 Electric $100 Insurance $42 Laundry $14 Cable $169 Gas (g) Persons dependent upon you for support (Husband) Name: Carlos Fernandez Children, if any: Name: Chevenne Hurt Name: Tiara Hurt Age: 5 Age: 3 Age: 8 months Name: Oceanna Fernandez .-. I ~ L ~J\El ~ 1984 $326.00 $80 Phone $250 Food $48 Wipes and Diapers $300 Child Support $79 Medical 4. I understand that I have a continuing obligation to inform the court of improvement in my - 0'0 U'MC' , financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 7/J JIM "iiJ' ,0, . ",." DRUSSILLA LEE FERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- CIVIL TERM NATHANIEL HURT, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary; Kindly allow, Drussilla Fernandez, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable topay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~~/ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 w,'~ ~~~ '1 " ,.: :i Ii h 1-' ,I II !'I , :1 " :i ;1 " Ii I' t.i " , Ii :I ,I i__1 i ;1 I '-e _&~" ..." , ~ ',' ~^ a~~:l!;."i" VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: // ~(p 16 () ~ Plaintiff ~ :1,,<)< '.'lIiMfl1i~'~~$j~r.....4ll1;'u~.J"J;iI ',c' :. -"''''''~'~'''N . ., -. n c :;c~ -0'"" n-~"J _1[11 Z::rJ ig =U '-'C ~ -~ \~ (":::> ~ .tl '- ~1 \- ";,. t\ "(\ -0 a o ):>0 c:: (i.,) I '''' o -'q ::-:1 .C~T'! ~11 p--=: SF? __,0 -:..-I~I-\ ;,~.~ ~:~ C5fTi C;;~I :6 -< ]::.!1> :;:~',: .cg .:,.) ,.0