HomeMy WebLinkAbout00-06626
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L YDIA McFADDEN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION-LAW
FRANKLIN PORTER,
Defendant
a
NO. ~1R;),1o CNIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Lydia McFadden, Plaintiff, to proceed in forma pauperis.
I, Kara L Kurtzman, Certified Legal Intern in the Family Law Clinic, 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 oflitigation
is attached hereto,
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KaraLK
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ROB E. RAINS
THOMAS M. PLACE
Supervising Attorney
TERI HENNING
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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L YDIA McFADDEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
FRANKLIN PORTER,
Defendant
: NO. CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiffin the above matter and because of my fmancial 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 con-ect.
(a) Name: Lydia McFadden
Address: 221 East Louther Street, Carlisle, PA 17013
Social Security No.: 172 62 1287
(b) Employment: None
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: May 1, 2000 (Stopped working March 2000 due to
pregnancy related illness).
Salary or wages per month: $1,700
Type of work: Counselor in Higher Education
(c) Other income within the past twelve months :None
Business or profession:
Other self-employment:
Interest:
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Dividends:
Pension and annuities:
Social security benefits:
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support None
(Wife)(Husband) Name: N/A
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
Cash:
Checking account: $100
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: 1996 Nissan Maxima
Cost: $13,000, Amount Owed: $ $10,000
Stocks; bonds:
Other:
(f) Debts and obligations
MOltgage:
Rent: $300
Loans: College Loans: $40,000 (total) (currently deferred)
Other: Diapers: $25/month
Formula: $10-15/month
(g) Persons dependent upon you for support
Child:
Name: Oceana Porter
Age: 2 months
Other persons: None
Name:
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Relati0nship:
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 made subject to the penalties of ~ 18 Pa.C.S. 4904, relating to
unswom falsification to authorities.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06626 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCFADDEN LYDIA
VS
PORTER FRANKLIN
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberla-nd County,Pennsylvania, who being duly sworn according to law,
says, the within ORDER OF COURT - CUSTODY was served upon
PORTER FRANKLIN the
DEFENDANT
, at 0015:40 HOURS, on the 2nd day of October
2000
at 363 N. HANOVER ST
CARLISLE, PA 17013
by handing to
FRANKLIN PORTER
a true a-nd attested copy of ORDER OF COURT - CUSTODY together with
and at the same time directing His attention to the contents thereof..
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
Answe:r;.~", ' ' >>/
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3.10
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10.00
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31,10
R. Thomas Kline
10/04/2000
me this
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Sworn and Subscribed to before
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rothonotary
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LYDIA MCFADDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
IN CUSTODY
FRANKLIN PORTER,
Defendant
00-6626 CIVIL TERM
LYDIA MCFADDEN,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FRANKLIN PORTER,
Defendant
00-6726 CIVIL TERM
IN RE: AGREEMENT OF THE PARTIES
Proceedings held before the HONORABLE
KEVIN A. HESS, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
Wednesday, October 4, 2000, in Courtroom
Number Four.
APPEARANCES:
Kara I. KUrtzman, Certified Legal Intern
For the Plaintiff
Douglas G. ,Miller, Esquire
For the Defendant
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1
THE COURT:
Good afternoon.
If I'm
2 correct there are actually two matters that were listed for
3 today, a custody matter and a protection from abuse matter,
4 and if I further understand correctly our discussions in
5 chambers, the petition on the protective action will be
6 withdrawn, but conditioned on the entry of a no contact
7 provision in the custody order?
8
MR. MILLER: That's correct.
9 THE COURT: And that pending conciliation
10 the parties would share legal custody of the child, Oceana.
11 That primary custody would be in mom, and that dad would
12 have partial custody on Wednesday and Friday from 8 to 8,
13 with a proviso that the child not be left alone with -- I
14 guess it's his mom?
15
16
17
MR. MILLER: That's correct, Your Honor.
THE COURT: And that the parties receiving
the child will do the transportation.
And the custody
18 order -- well, let me just say specifically, the custody
19 order will contain a provision that there be no contact in
20 person or by phone. The defendant will have no contact in
21 person or by phone with the plaintiff except for custodial
22 exchanges or emergency matters related to the child.
23 And that certain disagreements concerning
24 items of personal property will be deemed resolved in
25 accordance with the agreement as announced in open court
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1 and in the presence of the parties.
2 Now, so what I will do is I'll enter this
3 order to the protection from abuse case:
4 AND NOW, this 4th day of October, 2000, the
5 within petition for protective order is deemed withdrawn in
6 accordance with the agreement of the parties as announced
7 in open court and in their presence.
8 (End of order.)
9
THE COURT: If we could have transcribed
10 what I said with regard to the provisions of the custody
11 case, then I will enter that as a final Order of Court. So
12 it seems to me then the business which remains is to go
13 through these items of personal property for the record
14 with an indication here in open court as to what has become
15 of these various items.
16
So as I understand there is, first of all,
17 some sort of clothes dryer?
18
19
MR. MILLER: That's correct.
THE COURT: Who wants to carry the ball
20 here? The parties are here. So we just need to announce
21 what the agreement is so that everybody's understood on
22 that matter.
23
MS. KURTZMAN: Your Honor, the agreement is
24 that Mr. Porter will give Ms. McFadden $100.00 in exchange
25 for the dryer.
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THE COURT:
Okay. And, Mr. Porter, that's
2 your agreement?
3
4
5
6
7
8
9
10
11
12
MR. PORTER:
THE COURT:
Yes, Your Honor.
And Ms. McFadden?
MS. MCFADDEN:
THE COURT:
Yes.
There's a cradle here?
MS. KURTZMAN:
It's a bassinet.
THE COURT:
Bassinet.
Okay. And what
about that?
MS. KURTZMAN:
That's going to remain in Ms.
McFadden's possession.
THE COURT:
Okay.
We've agreed on that.
13 A bouncer or whatever we call it.
14 MS. KURTZMAN: It's a bouncer.
15 THE COURT: Okay.
16
MS. KURTZMAN:
The bouncer will be
17 exchanged when the parties exchange custody.
18 THE COURT: Okay. And I'm having a little
19 difficulty reading my own handwriting. I wrote down
20 something about China figures or is that not in the mix
21 here? I know a playpen was involved.
22
23 off for now,
24 THE COURT: Okay. We don't need to mention
25 those for today. And then I believe with regard to the
MS. KURTZMAN: We're going to leave those
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1 items of personalty in the protective order, the breast
2 pump has been returned, and while Ms. McFadden is insistent
3 that he has them, Mr. Porter does not agree that he has the
4 child's birth certificate, Social Security card, medical
5 records.
6
MR. MILLER: That's correct. The defendant
7 will make a good faith effort though, Your Honor.
8 THE COURT: He will make a good faith
9 effort to attempt to locate them.
10
11 them.
12
MR. MILLER: That's correct, and return
THE COURT:
Does that also extend to the
13 bathtub, receiving blankets, outdoor blankets, clothing, et
14 cetera?
15
MR. MILLER:
I believe, Your Honor, those
16 items have already been returned.
17 THE COURT: Okay.
18 MS. KURTZMAN: Your Honor, I would like to
19 make one clarification in regard to the parties not having
20 contact with each other. They will have contact in terms
21 of arranging custody and exchanging the child?
22 THE COURT: Yes.
23 MS. KURTZMAN: Okay.
24 THE COURT: I thought I had said that. If I
25 didn't, the record will so note. Anything else for the
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2
3
MR. MILLER: No, Your Honor.
MS. KURTZMAN: No, Your Honor.
4 THE COURT: Okay. Well, I congratulate
5 the parties for their ability to reach an understanding,
6 and to the extent that it was engineered by counsel, which
7 it no doubt was, I thank you too, and I wish you continued
8 success in trying to resolve this case as it approaches
9 hearing and conciliation for a couple of reasons.
10
One, you will find in the end that the two
11 of you will be able to agree to an arrangement that will be
12 far more satisfactory to you than anything I would order
13 from the bench, and, secondly, and most importantly, it
14 will demonstrate your ability to put your dislike -- or
15 your love for this child over your dislike for each other,
16 which is something you are going to have to do for the next
17 how many years? Eighteen years. So good luck. We'll
18 be adjourned.
19 (Whereupon, the proceedings concluded at
20 4:06 p.m.)
21
22
23
24
25
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
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/ Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
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Date
Hess, J.
Judicial District
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LYDIA MCFADDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
IN CUSTODY
FRANKLIN PORTER,
Defendant
NO. 00-6626 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the appearance of Kara Kurtzman, Esquire and
Teri Henning, Esquire as counsel for Lydia McFadden, Plaintiff in
the above-captioned case.
Date: r /,2 3{t) I
By ~ 1~j;~~~
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013-2899
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Te L. Hennin~~quire
Family Law Clinic
45 N. pitt Street
Carlisle, PA 17013-2899
Date:
*****************************************************************
TO THE PROTHONOTARY:
Please enter the appearance of Nichole M. Staley O'Gorman,
Esquire on behalf of Plaintiff in the above
Date:
J/IQ/ol
ic ole M.
I.D. #
'4503 North F 'nt Street
Harrisburg, PA 17110-1708
(717) 238-(;791
PURCEL ,
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LYDIA McFADDEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: IN CUSTODY
FRANKLIN PORTER,
Defendant
: NO. 00-6626 CIVIL TERM
CERTIFICATE OF SERVICE
I, Kara I. Kurtzman, hereby certifY that I am serving a true and correct copy of the Praecipe
to withdraw my appearance and to enter the appearance of Nichole M. Staley O'Gorman, Esquire
on behalf of the plaintiff in the above-captioned case on the following people at the following
addresses by first class mail, postage prepaid:
Mr, Marcus McKnight, Esquire
Irwin, McKnight and Hughes
60 West PomfretStreet
Carlisle, PA 17013 by U.S.
Ms. Marylou Matas, Esquire
Griffie atid AssOciates
200 North Hanover Street
Carlisle, PA 17013
Ms. Nichole M. Staley O'Gorman, Esquire
Purcell, Krug and Haller
4503 North Front Street
Harrisburg, P A 1711 0-1708
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Kara I. K
Certified Legal Intem
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FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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LYDIA MCFADDEN
PLAINTIFF
v.
FRANKLIN PORTER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
00-6626 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 9th day of October, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 16th day of November , 2000, at 9:30 :a.m.
for a Pi'e 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 TIlE COURT,
By: Isl
Hubert X. Gilroy. ES~~
Custody Conciliator ,I
,
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
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 TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB 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
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OCT 0 3 2000 !;!j
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
LYDIA McFADDEN,
Plaintiff
FRANKLIN PORTER
Defendant
: NO. 00- (}{,;;r., CIVIL TERM
ORDER OF COURT
AND NOW, this day of , 2000, 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. Either party may bring the child who is the subject of this
custody action to the conference, but the child/children's attendance is not mandatory. Failure
to appear at the conference may provide grounds for entry of a temporary or pennanent order.
FOR THE COURT:
By:
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 COui!ty Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH J)lSABILITIES 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.
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LYDIA McFADDEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
/)(;). &(;;)A,
: NO. CIVIL TERM
v.
FRANKLlN PORTER,
Defendant
COMPLAINT FOR CUSTODY
The plaintiff, Lydia McFadden, by her attorneys, the Family Law Clinic, files this complaint
for custody, requesting primary physical custody of Oceana Porter, born July 21, 2000. In support
of her complaint, plaintiff states as follows:
1, The plaintiff is Lydia McFadden, currently residing at 221 East Louther Street, Carlisle,
Cumberland County, Pennsylvania 17013. As of Sunday , October 1, 2000, plaintiffwill be residing
at 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Franklin Porter, residing at 221 East Louther Street, Carlisle,
Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
Name
Date of Birth
Present Residence
Oceana Porter
221 East Louther St.
Carlisle, PA 17013
07/21/00
The child was born out of wedlock.
The child is presently in the custody of Lydia McFadden and Franklin Porter. As of October
1,2000, the child will be in the custody of Lydia McFadden.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons
Addresses
Dates
Lydia McFadden
Franklin Porter
221 East Louther St., Carlisle, P A 17013
07/21/00 - Present
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The relationship of the plaintiff to the child is that of mother. She is single. She currently
resides with the following persons:
Name
Relationshin
Oceana Porter
Child
Franklin Porter
Boyfriend
The relationship of defendant to the child is that of father. He is single. He currently resides
with the following persons:
Name
Relationshin
Oceana Porter
Child
Lydia McFadden
Girlfriend
6, Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of this child in this or another court. Plaintiff has no information
of a custody proceeding concerning the child pending in a court of this Commonwealth or another
state. 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.
7. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a) Plaintiff has been the primary caretaker of the child since birth;
b) Plaintiff provides child with a home with the necessary moral, emotional, and physical
surroundings to meet the child's needs;
c) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love
and affection of the child;
d) Plaintiff is willing to grant the father periods of partial custody in order for the child to
develop a strong parent/child relationship with both parents.
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8, 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 primary physical custody
of the child.
Date: C\ \ 2 qloo
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KaralKurt:zrnah
Certified Legal Intern
~; M. Pi~! '
ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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VERIFICATION
I verifY that the statements made in this Complaint are true and correct, to the best of my
knowledge, information and belief. I understand that making l'lllY false statement would subject
me to the penalties of 18 Pa.e.S. 94904, relating to unsworn falsification to authorities.
Date: ~" 7/7dJ
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OCT 0 2 zOO1JflJ
LYDIA McFADDEN,
Plaintiff/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
FRANKLIN PORTER
Defendant! Respondent
: NO. 00- 6626 CIVIL TERM
ORDER OF COURT
AND NOW, this Z ~ day of tJehJ. if
,2000, upon consideration of the
attached Petition for Special Relief, it is hereby Ordered as follows:
1. The petitioner, Lydia McFadden, shall have temporary legal and sole physical custody of
her minor child, Oceana Porter, born July 21, 2000, until further Order of Court.
2, The respondent, Franklin Porter, shall immediately return Oceana Porter to Lydia
McFadden's care and custody.
3. The Cumberland County Sheriff shall serve this Order on respondent, and shall effectuate
the immediate return of Oceana Porter to petitioner.
4. Upon the exchange of custody, respondent, Franklin Porter, shall return all items
necessary for the care and feeding of Oceana to Lydia McFadden, including, but not
limited to, the breast pump Lydia McFadden has been using to pump breast milk, the
child's birth certificate, social security card, medical records, bathtub, receiving blankets,
outdoor blankets and clothing,
5.
A hearing regarding this Petition for Special Relief is hereby scheduled for the
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day of ~c.JroJo-<.r , 2000 at "3
o'clock I'M in Courtroom Number L
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Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties
along with their legal counsel shall appear in person.
BY THE COURT,
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LYDIA McFADDEN,
Plaintiff/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
FRANKLIN PORTER
Defendant/ Respondent
: NO. 00- 6626 CIVIL TERM
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY
PURSUANT TO PAR.C.P.1915.13
AND NOW, this r day of ocfio\:><..f ,2000, pursuant to Rule 1915.13 of the
Pennsylvania Rules of Civil Procedure, comes the Petitioner, Lydia McFadden, by her attomeys,
the Family Law Clinic, seeking emergency custody of the minor child, Oceana Porter, bom July
21,2000. In support of her Petition for Special Relief, Petitioner avers as follows:
1, The petitioner is Lydia McFadden, an adult individual who currently resides at 192 Faith
Circle, Carlisle, Pennsylvania 17013.
2. The respondent is Franklin Porter, an adult individual who resides at 221 East Louther
Street, Carlisle, Pennsylvania 17013.
3, The petitioner is the biological mother (hereinafter "Mother") of the two-month old minor
child, Oceana Porter, bom July 21,2000 (hereinafter "Oceana").
4. The respondent is the biological father (hereinafter "Father") of Oceana.
5. Mother has not been working so that she could be at home with Oceana since the child's
birth.
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6. Mother has been the primary caretaker of Oceana since her birth, having done most of the
changing of diapers, bathing, dressing, and feeding of Oceana.
7. Until Sunday, October I, 2000, Father and Mother resided together at 221 East Louther
Street, Carlisle, Pennsylvania.
8. On Friday, September 28, 2000, Mother filed a Complaint for Custody with this Court,
seeking primary physical custody of Oceana Porter.
9. Upon information and belief, on or about September 27,2000, Father filed a Complaint
for Custody, also seeking primary physical custody of Oceana. To date, Mother has not
been served with Father's Complaint for Custody.
10. On Sunday, October 1, 2000, Mother intended to leave the residence that she shared with
Father and intended to take Oceana with her.
II. On that morning, Mother and Oceana were lying in bed, when Father grabbed Oceana
from Mother's anns. Father told Mother that he intended to "take" Oceana and keep her.
Mother and Father then had a physical altercation over Oceana. Fearing that any
continued physical battle would endanger Oceana, Mother removed the car seats from the
residence, in order to prevent Father from leaving the residence with Oceana.
12. Father, holding Oceana, then chased Mother around the apartment and down the street,
after the car seat.
13. Mother called the police, who came, but were unable to resolve the matter between the
parties.
14. Father then left the residence with Oceana,
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15. Father and Father's mother later returned to the residence (when Mother was in the
shower), At that time, they took a number of items that the parties had used to care for
the baby, including the baby's bath, the breast pump Mother had been using, the baby's
social security card, birth certificate, medical records, receiving blankets, outdoor
blankets, clothing and other items.
16. From birth, Oceana's diet has consisted primarily of formula, supplemented by
breastmilk., which Mother obtains using a breast pump (which was removed from the
residence by Father).
17. Mother has not seen Oceana since Sunday, October 1, 2000, Mother has not been able to
feed Oceana breastmilk., and is unable to pump breastmilk., since Father removed the
breast pump from the residence.
18. On October 1, 2000, Mother obtained an emergency protection from abuse order against
Father, based on the October 1, 2000, incident and past incidents of threats and abuse, A
copy of this emergency protection from abuse order is attached as Exhibit A. In
particular, Father has threatened that if Mother interferes with Father's custody of
Oceana, he will kill Mother.
19. Father disrupted the status quo by removing Oceana from Mother's continual care and
affection.
20. Father works 36 hours per week, and has recently been working between 12 and 24 hours
of overtime per week. Father attends college classes at Harrisburg Area Community
College on Tuesday and Thursday mornings until 12:00 Noon.
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21. Based upon Father's schedule, Oceana is likely in the care and custody of a non-parent.
22. Mother believes and avers that it is within the best interests of the minor child that
Mother be granted temporary legal and temporary sole physical custody of Oceana, until
further Order of Court, because she has been the primary caretaker of Oceana since the
child's birth, because she is better able to care for her two month old daughter, because
she, a parent, should be allowed to care for her child, rather than a non-parent babysitter,
because Father disrupted the status quo by removing Oceana from Mother's care, and
because Mother can provide the supplemental breastmilk necessary to feed and nourish
Oceana.
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WHEREFORE, the petitioner, Lydia McFadden, respectfully requests that this Honorable
Court enter an Order against the respondent, Franklin Porter, granting Petitioner temporary legal
and sole physical custody of Oceana, ordering Respondent to return Oceana immediately to
Petitioner, providing that the Sheriff serve the Order on Respondent and effectuate the immediate
return of the child, ordering Respondent to return items necessary for the care of the child, and
setting this matter for a hearing.
Respectfully submitted,
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Date
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Mel 'e Walz Scarmgl
Certified Legal Intern
cd~-:/
THOMAS M. PLACE
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
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VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief are true
and correct, to the best of my knowledge, information and belief. I understand making any
false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date: L{) - Z--cxJ
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.LUI'U.L'UV ..........~ 1.:.L ,-I', ..13 .llU~~' ._. _I
Mag. tIlst. No.:
09-3-02
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PEnTJON FOR EMER~ENCY
P NTIF REUEFFROM ABWSE
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EFENDANT: NAME"'ADDRE~S ..,
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, ,COMMONWEALTH OF PENNSYLVANl
COUNTVOF: CUMBERLAND
DJ Name: ~"
BBLBN B... SBtJLBNBBaG
~~p;,.0. BOX 155
L 27 W. BIG SPRING A
a6W,v~LLB, fA 7241
T....: (717 )776-3187
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<t PLAINTIFF REQUESTS CONFIQENTlAL OF
" " PERMANENTri'IlMPORARY AIIDRE
" " " ETlTIONOf;THEP INnFf' 'I
I;L d...... 4. /Y1a. , , he y petitio ,for emergency relief from abuse
.J' (~m. 01 Plaintiff-please Iype~ J
l!lIon behalf of myse~ ':' ,
o on behalf of the fOlfowing (child) (children to whom I a a (pare l) (adult household member) (guardla )
o on behalf of the following incompetent a It to whom I ; mguard ,,' I
(Namal
(AddI8SS)
(Name)
Emergency relief from abuse is requir
delendanllo (me) and 10 Ihe above list
(Type additlonel, names/addresses on a separate
sheet 01 paper and attach hereto.) I ($Iilnatu..ofP1alndIl)
FINDINGS OF ISSUING AUTHORITY At a ' ex parte earing on , - I
XI I have found upon good cause that it s necessary ~ protect he (plaintiff) and above listed (child) (<fildren)
(incompetent adult). Ii .8 I
, 0 I have NOT found that it is necessary to issue a p' lective or er. " ,
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, ACTION OF!SSUING UTHaR TV J; ,
Having found uPo, n good cause shown th t it is necess : ry to prot ct the (p intill) and above listed, (Chilrl (children)
(Incompetent adult), I have taken the foil ing action 0 : this peti on: ' ,
XOrdered the, defendant to refrain from using the pia ~tiff and! minor c ild, children, incompetent a~lt. ,
, ~ Ordered the defendant to refrain from ving any con act with t e plainti or minor children, includJng raining
the defendant from entering the place 0 employment r busine s or sch I of plaintiff or minor childre and from
harassing plaintiff, plaintiffs relatives or inor childre "
, Ordered the eviction of the defendant m the (hous ' old) (res dence) a :):J I '"'. t...... ,(and)
" i h
Ordered restoration of possession to th (household) residenc ) at
o Alfowed the defendant to provide suitab e, alternate h using by conse
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because th' re Is 1m edla
(child) (cb ;Idren) (i co
To:
the or
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( herilf) (Cons' ble) (Pol ce Office) (Police Department), In co,"pliance with
res) appearing above, you are' hereby di ected 0 tf" evict 'I'
(NamuOfOerendafll) !
premises at ' ! ,(and) Cl to restore P, remises,
(Address)
to
or)
(AOr:treul
(NameofFtaintitt)
(SignalureOlIS$Ulnlll/tllltlOrityl
, NOTI E fa DE ENDAN ~'
, rder. Issued are pursuant to the Protection from use Act, ActN '218 (1976) as "",end .WA,RNING: Failure to COlIIPlyw these orden. may
,,' Uin a finding of CRIMINAL CONTEMPT' pure antto 42 Po. c..~ 41ST. soffense i punisl1ablo by a flne and/or impris ment, These ardors'
: ~pire at the end of the next business day the, Ccu deems Itself av~lable. The orders will e Immediately certified to the Court of Common 1:lleas,
" AOPC 3 ~~~ HAS THE EFFECT OF COMMENCING P EEDINGS AflNST YO UNDER E ABOVE MENTIONED ACT, I '
EXHIBIT "A"
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LYDIA MCFADDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-6626 CIVIL
vs,
FRANKLIN PORTER,
Defendant
IN CUSTODY
ORDER
AND NOW, this
I /~ day of October, 2000, in accordance with the agreement of
the parties as announced in open court and in their presence, it is ordered and directed that,
pending conciliation or further order of court, the parties shall share legal custody of their child,
Oceana Porter born July 21, 2000, Primary physical custody shall be in the mother,
plaintiff/petitioner, with partial physical custody in the father, defendant/respondent, on
Wednesdays and Fridays from 8:00 a,m, until 8:00 p,m, This is with the understanding that the
child shall not be alone in the custody of the paternal grandmother.
The party receiving the child will provide transportation,
Certain disagreements with regard to items of personal property are deemed resolved in
accordance with the agreement as announced in open court,
The defendant shall have no contact with the plaintiff, either directly or indirectly, by
person or by phone, except during custodial exchanges or with respect to emergency matters
related to the child,
BY THE COURT,
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Kara I. Kurtzman, Certified Legal Intern
For the Plaintiff
Douglas G, Miller, Esquire
For the Defendant
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