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Home My WebLink About01-1607 FX v' ORLANDO C. HERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \I. CIVIL ACTION - LAW NICOLE TERRY and CYNTHIA C. GOSS, Defendants NO.OI-/fo07 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of , 200 I, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respecti\le counsel appear before , Esquire, the conciliator, at , Cumberland County, Pennsyl\lania, on the day of 2001, 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. 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. BY THE COURT: By: Custody Conciliator 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 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 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 "O!~ ,~'" ~,- 1-'., ,"-' , . ORLANDO C. HERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \I. CIVIL ACTION - LAW NO. tJl- 1(.,0'1 CIVIL TERM NICOLE TERRY and CYNTHIA C. GOSS, Defendants IN CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Orlando C. Hernandez, an adult individual currently residing at 170 Erford Road, Apartment A, Camp Hill, Cumberland County, Pennsyl\lania. 2. Defendant Nicole Terry, is an adult indi\lidual currently residing at 1426 Hunter Street, Harrisburg, Dauphin County, Pennsyl\lania. 3. Defendant Cynthia C. Goss, is an adult indi\lidual whose current address is unknown but who is belie\led to be residing in Cumberland County, Pennsyl\lania. 4. The Plaintiff and Defendant Terry are the natural parents of one (1) child, namely, Orlando C. Hernandez, Jr., born June 11, 1996. The child was born out of wedlock. 5. F or the past fj\le (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Orlando C. Hernandez, Nicole Terry, and Cynthia Goss Lemoyne, Pennsyl\lania Birth to September 1996 ;OI""I'l_~ " ' ~ M" _ _, -" NAME ADDRESS DATES Orlando C. Hernandez, Lemoyne, Pennsyl\lania Nicole Terry two female friends of Ms. Terry September 1996 to December 1996 Nicole Terry and Lemoyne, Pennsyl\lania Two female friends of Ms. Terry December 1996 to June 1997 Nicole Terry, Harrisburg, Pennsyl\lania Nairne Tran, Mr. Tran's mother, Mr. Tran's brother, and Mr. Tran's brother's two children June 1997 to December 1997 Cynthia C. Goss, Bill Goss, Sarah Goss, and Jennifer Goss Cumberland County, Pennsyl\lania December 1997 to Present The natural mother of the child is Nicole Terry who resides as aforesaid. She is single. The natural father of the child is Orlando C. Hernandez who resides as aforesaid. He is married. The maternal grandmother of the child IS Cynthia C. Goss who resides as aforesaid. She is married. 5. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with his wife, Jodi 1. Hernandez, and their minor son Sean 1. Hernandez. 6. The relationship of Defendant Terry to the child is that of natural mother. Defendant Terry currently resides with unknown persons. :~~~ ~~-,~ - 1--1 -~.~< 7. The relationship of Defendant Goss to that of the child is maternal grandmother. Defendant Goss currently resides with her husband, Bill Goss, their daughters, Sarah and Stephanie Goss, and with the child at issue. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 9. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 10. Plaintiff does not know any person not a party to these proceedings who claims to ha\le custody or \lisitation rights with respect to the child. II. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff (hereinafter referred to as "Father") always has been interested in becoming the primary caretaker for the child; b) When Father and Defendant Terry (hereinafter referred to as "Mother") separated, immediately after the child's birth, Mother agreed that Father would be the primary custodian of the child, but maternal grandmother intel'\lened and would not allow it; c) Shortly thereafter, Mother threatened to allow the child to be adopted; although Father refused. , I;: .'^ r! - , "l' _M\Il: , d) When Father requested contact with the child, Mother indicated to Father that the child was, in fact, adopted out ofthe family; e) Mother and child then mO\led and their whereabouts were unknown to Father for a substantial period of time; f) After finally locating the child and requesting contact with the child, Mother and Defendant Goss refused contact between the child and Father; g) Father has been permitted contact with the child one time in approximately two years. h) Father has the ability and desire to provide for the financial, physical and emotional needs of the child; WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child. Respectfully submitted, M~~::tre Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hano\ler Street Carlisle,PA 17013 (717) 243-5551 (800) 347-5552 .'>'''''~~'o'' ~.' ,. ^-'"' '"' I,' r ~ . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:;;l.. J 0 I t%J~ o/-J...n~ ORLANDO C. HERNAN Z, PlamtJff -W'/ol\I!lll~ .".,,:'" "'~",,-" '1-. 1--.- "",- ',,[ . ' .' , - ---..~~~' T- - ~ .~ '1"'<' ~ "~o...,. -,. '" ~~ -. ,_-.,-->~, """,",,"-. "'I>" ,~- ... ~ --=I"~<= ~ n_ , . (') C c: ~ -O~" ::Jr: rnIS:-; :,~~ -j lf ~:rj "';o..J f:'li:::] cn\,. ''0 J" ~~i5 c;:, '--.;J ~ ..-..:) 5.~) ~C) .~,"" -- :-0 ~C:I "-.. j c.: ,COo, (n ~ '-.' r>...l ~~ 0) 5J -< -- J. l~ ~>n~'''''''II'!l!P.W'll':;J'J''\l-'"'fJ~.'\'F,. wEi.!\~~~,"~@~1~_""","1:',!"--~'-';' ,C?~"i'_'''__-", ;";~~--~~-;r:r':''''lJ,tt~_;W-i\il'fW%i*'1l'lW.*F"I!\''!'---'i'''>:'''']0;'-:' r'i,fI'C<&l"W~~H~~~ ORLANDO C. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA \I. : CIVIL ACTION - LAW NICOLE TERRY and CYNTHIA C. GOSS, Defendants : NO. ol-''-07 CIVIL TERM : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marylou Matas, Esquire, to proceed in forma pauperis. I, Marylou Matas, Esquire, attorney for the party proceeding in forma pauperis, certify that I belie\le the party is unable to pay the costs and that I am pro\liding free legal sef\lices to the party. The party's affida\lit showing inability to pay the costs of litigation is attached hereto. Respectfully submitted, Date: -1.CI...h.l'.i1/2./ 7JJo I Ma~~:!af: Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 '~~m - ~~ , ,.. ,., - , '---- ,>- - ~ 1-'1-' ~~ ;;r ':- "" ~'Pf ,~,~ " !"!D~ ~1'l!lllm'!l1'I~i,'lj~1_ ]tJi~ "~ ~~ ~="- ~"=- 0 <::) 0 C -"n ~: ::: -or ""'tIC!."" rnr~~ :I-~ :!J Z~:-C' ;:;:.:J " zr-- :"-) _c r~'.~ ~!"1:~ a .'-" '_.,.,.)1 ~~:: ::;~,1(~) -" ~i~~~ ~f~ -"n" ;?' '- ,~ _l~ :;;,;--=:;:() p~_. 1,_' ~ Z -'=..0 ~ ~ ::0 (:;> -< I......""~,"J? _',""_ '~lW'W!j1*ll\-""'~;?''"F'V,'l1,~7~.fl,''~-;;''""H'';,",I>,;;;;'f,r;;~j'i'H,\1dijj!lC*l1i~!:~~ffiiiW-1"y,;;,;r: j'P!.fh"'('t'fj5\l"lw~!\.~~1 , ORLANDO C. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NICOLE TERRY and CYNTHIA C. GOSS, Defendants : NO. 61-/(,01 CIVIL TERM : IN CUSTODY AFFIDAVIT IN SUPPORT 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, 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 oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) Orlando C. Hernandez Name: Address: 170 Erford Road. Apt. A Camp Hill. PA 17011 b.) Social Security #: 191-58-7633 If you are presently employed, state: Employer: Burger King Address: Lemoyne. P A 17043 Salary or wages per month: $7.00/hr at 3Shrs./week Type of work: cook '1,~, _ -- - , . 'or"",-- ~-" 1"- ,- ~_"o"'t""""""I" ,,,€j!~._-,_,__o.',,,._),,1U If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: c.) Other income within the past twel\le months Business or profession: NI A Other self-employment: NI A Interest: N/A Di\lidends: NI A Pension and annuities: N/A Social Security benefits: NI A Support payments: NI A Disability payments: NI A Unemployment compensation and supplemental benefits: NI A Workman's compensation: N/A Public Assistance: NI A Other: d.) Other contributions to household support: Wife's name: Jodi Hernandez If your wife is employed, state: Not employed. Employer: Salary or wages per month: Type of work: - . I 1~ , , ~ --- ~ ',':'~l' ._ ! J _ . ~,"< "''',''" Contributions from children: N/ A e.) Property owned: Cash: N/ A Checking account: N/A Sa\lings Account: N/ A Certificate of Deposit: N/ A Real Estate (including home) : N/A Motor \lehicle: Make: Cost: N/A Stocks; bonds: N/A Other: f.) Debts and obligations: Mortgage: 0 Rent: $311.00/month Loans: 0 Year: Amount Owed: Monthly Expenses: $1.200.00 (includes child sup,port obligations) g.) Persons dependent upon you for support Wife: Jodi Hernandez Children: Name Sean Hernandez Orlando Hernandez, Jr. Mariah Hernandez '".-,"> , r<~I',' c ~, _~ . -. Age 6 months 4 years 3 years ~. ,- ~~"~' . ~~;,., [ . 4. I understand that I ha\le a continuing obligation to inform the Court of impro\lement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ?r7-n 1_ ~J~ ORLANDO C. RNAN Z I" "' '1" ~ ", ~,",~ .,...",., 'c~' ~ ," Ul <.,.~ n" .' Ti rrUT.fT 11 , ~, ~~ '0__ - - nrlllDilfrllll~ (') r- C) ".",,1 (::-~ '-n <:. ~;r.: ---I -0 li.. :~::n C -n m ~;~ ;;0 , i p; ;:;. ~"'} :rI ~&: l::) .:"-iCJ " , '--' () ._, -'I ',-, ::i~ (-:- --r-l :.'-'" ,~'~ (~) "';.r<.. i ,.t;._,'" tSrn )>c- z. :,.) 5;1 ::::: :u <::> -< s$~ _,~_ _ ~_~~u'~9~""";i"''''''_Pi!;''''"'''W'hf'o'')f,"_~wr.,~'',r,--:'I''~'''\t!'l;">!'iiJBlf'"W''~R#ifo%~'\':'~~-~1(m1''il';-''';'~''' ,,~-,j;>1~p';t!~t\'_"'~~~! . j ORLANDO C. HERNANDEZ PLAINTIFF V. NICOLE TERRY AND CYNTHIA C. GOSS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 23, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respecti\le counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Wednesday, April 11, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to Tesolve the issues in dispute; OT 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 THE COURT, By: Isl Jacqueline M. Verney. Esq. {;t? Custody ConciliatoT 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 ~:{:- >," ~ ~ ~~~, . I .~. . ~ <, "~ " ~,"., . '0 ~_,." ~~.". ~. .r~ ~C(~.-fp ~~~ .~~ ~w ~~ ~-r~~~~-rJ J 0-.0/ ('-f' /0-1(> f ) (/-1(' . [' ~ , \fiNV^lASNN=1.-1 'lN1nr:-- ~'., -~ ^... "r I t _;'\i'-.l"l:.r'if'::.~tn" .-" -;'" -"'"jr';;'~ ..) 90 :z ~,rd q /' i.,'~."U I {) ~v~J~'HIU J ~.i\.-!l-,h-_:,:" , 1\-.; 'I~~\,.,.,.~.."~';~j .;,;,_ -:0 ~ ~'i:-:I,).C-~'''t- '; ~~ ,"",_~;;'!f~_",~.. 11III'_ -: 4I'l~i?i"""~i"n"""~'-"\"!"~Ii<W'''~'1'''J''"('''''''''_~'''i!'!I*.i';:;"m!"""-""'JI1l!!mifm'F.f-;;mWF'O)"t"!o'f';~"l!f~~f%'P"i'.j~~,"~~1 v , ORLANDO C. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NICOLE TERRY AND CYNTIllA C. GOSS, Defendant, : CIVIL ACTION - LAW : NO. 01-1607 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 27dt day of April, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Complaint for Custody and Order of Court to the Defendant, Nicole Terry, to her address of 1426 Hunter Street, Harrisburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating seIVice was made on April 19, 2001. ~71bk Marylou t, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to befOre),Il. e this ,fl-7~. day of -U~ ,2001. ('~J~,;I~o-wV NOTAR UBLIC Notarial Seal Robin J. Goshom, Notary Public Canlsle Bora. Cumbenand County My Commission ExpiFllS Apr. 17, 2003 rr~"m,,,__. - _ ),c_"-_,;__,_,~",<_~-~___c,, .'_"""~ ,_., '. 'N.,'" _I[v',., ",.", ~ "',----- ~" ~-- - ---- . . c c c '" Posta.:l'i " ru r'I U1 ru r'I m '" Certitied;;:w '" ru c c c t:I -II t:I Return Rece(~t Fee (Endorsement Required;. Restricted Delivery fee (Endorsement Required) Total Postage & Fees " Complet~ it~fl'1s 1, 2. and 3. Also complete item 4 if RestricteGfDeliv,ery is desired. . Print your name and address on the reverse so that we can return the card to you. .".,... . Attach this c~ ': )0 the back of the mailpiet:e, or on the fron i pace permits. 1. Article Add.res tJ (( oLL J.e VVl1_ \4fu ~vr+eyJfy~ ~VV1SV0 VlJ) fA~ x D. Is'delJvery address different fro t~ YES, enter delivery address D~ 3Addressee DYes o No 3. ~ice Type /OJ Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail D C.O,D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Copy from service label) If <tJ{}rplP; f tiW),:qji, .~Z;'1' {':lr/2 51 2'1 i I,PS Form 3811 , July 1999 Domestic Return Receipt I..", 102595-OQ-M-0952 . 1'""'" ., ~ "~,~.<~~.~< -~~ . ~~ ~ " .~_ ^ > __'-~_ ~'''''' ~', ,.', ''"~ _",.. ~n< . 0 0 c: ..... "'!JiB '3: 2rr; J:.)loo -"t: z:: f' C/J ,~- ~(5 -c: 6 ~ No ?5 ~..;) -< , 4 -, ~ " . ~ ,~~~~!"'J!'I!!l'l~1~_~~;!lI'~~~~"''' --~,. JAN 02 200311 ORLANDO C. HERNANDEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-1607 CIVIL TERM NICOLE TERRY and CYNTHIA : CIVIL ACTION - LAW C. GOSS, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the parties ha\le not contacted the Conciliator since April II, 200 I to request a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, J;L~' Conciliator \;,'iE!OO'fm'l!' ~ r I ",,' ~ '.'~ "'",_.". 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