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HomeMy WebLinkAbout01-1791 FX '. ,-. .,"'~.. ,,' -~, <H " _, __~ '.' -~"-'~' '--_.Y-I' . '. Ashley N. Bretz, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA ; NO.OI-119! CIVIL TERM vs. Justin Forgie, 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 , 2001, at _ .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; orifthis 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. IFYOU 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, P A 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 of1990. 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. -- '" ... " -, , ~ -,~ '~--"'''~.,~. , ."---~,,,~ - '..,. ,."--- '~, _ ,.~ "-._,,," "~,_ "'~..'"-lcil,",'-'1',-." ','C,._ '__-'- '" "'-__~_"'-,__',;"~,",,,o,,,~" ~ ,..j ASHLEY N. BRETZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1791 CIVIL TERM JUSTIN FORGIE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Petition to Vacate Previous Orders of Court and to Add Pertinent Parties to Action, IT IS HEREBY ORDERED AND DECREED that a hearing concerning the day of ,2001, at Petition shall be held on the of the Cumberland County o'clock .M. in Courtroom No. Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. BY THE COURT, Kevin A. Hess, Judge "~ - I J LlIlUlf'_, ASHLEY N. BRETZ, Plaintiffl Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01~1791 CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY AMENDED TEMPORARY CUSTODY ORDER AND NOW, this day of ,2001, upon consideration of the attached Petition for Special Relief, the following Order is entered regarding custody of Derek Forgie, born February 3, 2000. 1. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have supervised visitation of the child at times and places agreed upon by the mother and father. 3. The police shall enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz. 4. This Order is entered without prejudice to either party to request a hearing. 5. This Order shall remain in effect pending further Order of Court. By the Court, K. Hess, J. Joan Carey Attorney for Plaintiff MidPenn Legal Services Justin Forgie Pro se Defendant ~ ,- ~ - - ,- - c_ - l~ I ->- " -, ~,; - '1,-, " . . '. I ASHLEY N. BRETZ, Plaintiff! Petitioner :IN THE COURT OF COMMON PLEAS OF v. :CUMBERLAND COUNTY, PENNSYLVANIA :NO.DH1Qt CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: I. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 47 Greenmont Drive, Enola,Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as the father, who, to the best of the Plaintiff's knowledge, resides at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents of Derek Forgie, born February 3, 2000. 4. The mother has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. It is in the child's best interest to be in the custody of the mother for reasons including the following: a) b) c) The mother has been the child's primary care-giver since his birth; The mother has employment, suitable housing and daycare for the child; On or about February 20,2001, the child's maternal grandmother and her boyfriend threw the mother out of their residence and forcibly removed the child from her, refusing her any contact with the child since that time in spite of her many attempts to see or talk to her child. 6. The father is enrolled in the Keystone Job Corps Service and cannot exercise custody of the child at this time. 7. Without this Court's intervention, the child will be harmed by being further denied his mother's care and nurturing. - '-0' '- ^ -''-Ia.1 '"" ; .;-,,;,.' ,>, I , ~ ~...' . . WHEREFORE, Plaintiff/petitioner requests the following: a) The Court grant the Plaintiff temporary custody of her child pending further order of court following a conciliation conference. b )Any other relief this Court deems just and proper. Respectfully submitted, / ~~ Attorney for Plaintiff! Petitioner MidPenn Legal Services 8 Irving Row Carlisle, P A 17013 NAR-23-01 FRI 09:29 AN PHEAA PURCHASING FtLE No.~t7 03m '01. 16:15 lD:LE~L SERVICES,INC, FAX NO, 7177203917 FAX:7172430026 - ,p, 02 1'AGl:: ~ ~ I, Ashley N, Bretz, verity ,that I am the Petitioner as desiana",d in the present netion and that the facli and slalements contained in the above Pelillon are true and eorreclto the best of my knowledge. 1 understilnd that uny false st8.lements are made subjccllo the penalties of 18 pa,C.s.~4904. relating to unsworn falsification to authorities. ~ D~lc , I'""'.:;"'; "\ ....'. i.~&;'M~~.!i";""&'Y~l~;,j,;"'ji"i.ui2,aj!Rlti;l.'4J'~~,,,~.<)U,__~ .b"'.C!>,o"". ~ ..IT J ,~ -~ ~-~-~ ,~"'~"', ,'~._<- ~--. -~~ ",',,,,-,-u,,,-;!,jll:;r.,,,,i,(,j,li;;\i~~iH~Mli( I ~1!ii~~~~<l'[J;;x"""'",,,,"~llilifliIM~iIIii.01No1lJJ1,'L Q ~; -0(3"' rn 1""11 -:7"1" ~[~~ .'.... d;;C) 'i;~! - c -, L_ :::t ~, ,,- ,~ t,-:::1 ~3(: c.... \..." ~~ -, ~':";-1 ~!t; N --' ", ..',i '~ ".;'--' ~ ii..) ,J::--,"I 6':;~ -.-c) OFl -" J;~ :"< -0 :J;;: r:-? .:..> \:l -f' <:> - , . ." , .~ ^,,_ '_n' ~_, .""_" , ASHLEYN. BRETZ, Plaintiff! Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. JUSTIN FORGIE, Defendant! Respondent :NO.' CIVIL TERM 0/-/791 : CUSTODY TEMPORARY CUSTODY ORDER 00- ~r AND NOW, this 21 day of r>>Mt:1 ; upon consideration of the attached Petition for Special Relief, the following Order is entered regarding custody of Derek Forgie, born February 3,2000. 1. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have supervised visitation of the child at times and places agreed upon by the mother and father. 3. This Order is entered without prejudice to either party to request a hearing. 4. This Order shall remain in effect pending further Order of Court. By the Court, Justin Forgie fVI(vl-eot 3':; 1-0 I Pro se Defendant 3-nrO/ Joan Carey Attorney for Plaintiff per:;Oflo.llt ~ \ ve() ~, - " 1'~I_' ,. 0 '_ ' """-"-. ',..,- --" ...~~ ASHLEY N. BRETZ, Plaintiff! Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.Ol-1791 CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY AMENDED TEMPORARY CUSTODY ORDER AND NOW, this ~"i' day of ~ ,2001, upon consideration of the attached Petition for Special Relief, the following Order is entered regarding custody of Derek Forgie, born February 3, 2000. I. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have supervised visitation of the child at times and places agreed upon by the mother and father. 3. The police shall enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz. 4. This Order is entered without prejudice to either party to request a hearing. 5. Ibis Order shall remain in effect pending further Order of Court. Justin Forgie ... Pro se Defendant , - lbp'\:s P 'OJo,.j~,JCy 9((.)~ .$/J-9/0j A.bk'C-'LI"I"L'o.. [~ ~ By the C;'L ss, J. Joan Carey Attorney for Plaintiff MidPenn Legal Services ~~~iilii:e~"".Miib~;,d,,,m"lci'Ji;,;,"'"'dil,,,\_:>Jr~~l,.:-,;j",,'Jid~,",,'_'t-""',-.-,!,b'-0.;;"' ",;",,*,'~\,o3;';;;&i.J!;-l~.l~_illii!i3liiiliill.' "~'~llli'_W>~to'".~~'''''~-'' M1'1~ . " ""1l'3NN3cl C\ \j~:;~ l;;~t:: ,",n~, -i,"J tW~\\0 ~\,~:;\U,J '--' ' Cl1' . i\ ~,\\1 .1:;;:1.,1 ,," '\),':,!\{l" 1\....\.,...;. ._,~..- ,~ ," -~, -~~~-, "-~" ~" ,.., J, . p "," \ \ (\ S-") ";\'10:_" I \J- to 0'.1< "J:kl~_ ... , ASHLEYN. BRETZ, Plaintiff/ Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.01-1791 CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY AMENDED PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 47 Greenmont Drive, Enola,Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as the father, who, to the best of the Plaintiff's knowledge, resides at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents of Derek Forgie, born February 3, 2000. 4. This Court entered a Temporary Custody Order, see attached, on March 27,2001, granting the mother primary physical custody. 5. On March 27, 2001, the mother attempted to enforce this Order of Court, but the Hampton Township Police Department would not facilitate the transfer of custody to the mother without further Order of Court. 6. The grandmother told the Hampton Township Police Department that she refused to return the child to the mother pursuant to the Order of Court. WHEREFORE, Plaintiff/petitioner requests that the Temporary Order be modified and amended to order the police to enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz. Respectfully submitted, ~e~ Attorney for Plaintiff! Petitioner MidPenn Legal Services 8 Irving Row Carlisle, P A 17013 , I" ,l _,~" I..J '~' 0 "~-"",;, "'-~'~_ ^ L_~." >.{:~', VERIFICATION I, Joan Carey, Attorney for PlaintiftlPetitioner, verifY that the statements contained in the above Petition are true and correct to the best of my knowledge. The information is based on telephone conversations with Plaintiffi'Petitioner, Ashley N. Bretz, and Officer Felty, Hampton Township Police. Verification by PlaintiftlPetitioner cannot be obtained in a timely manner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated: 3i<y~ / / / o Carey, Attorney for aintiftlPetitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -"'''2 <. ~'1.' " \'\ ' .. . ~ .-. ,~. - ~ ".' ..-':;) Ashley N. Bretz, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 0\ -nq' CIVIL TERM Justin Forgie Defendant : CUSTODY CONWLAJNTFORCUSTODY 1. The plaintiff is Ashley N. Bretz, residing at 47 Greenmont Drive, Enola, Pennsylvania, Cumberland County, Pennsylvania. 2. The defendant is Justin Forgie, residing at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Pennsylvania, 18222, Luzerne County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Derek Forgie Present Residence 3615 Franklin Avenue, Mechanicsburg, PA Age 13 mo. The child was born out of wedlock. The child is presently in the custody of Melissa Haines, mother of the plaintiff, who resides at 3615 Franklin Avenue, Mechanicsburg, Pennsylvania. Ms. Haines forcefully removed the child from the plaintiff without her permission and refuses to return the child to the plaintiff. During the child's lifetime, he has resided with the following persons and at the following addresses: From 2/3/00-2/20/01: Ashley Bretz (Child's mother); Melissa Haines (Child's grandmother); Tim Preston (Grandmother's boyfriend) at 3615 Franklin Avenue, Mechanicsburg, P A 17055. From 2/20/01- present: Melissa Haines and Tim Preston at 3615 Franklin Avenue, Mechanicsburg, PA 17055. ... "'=' ~ 'IL:~ ''''', I The mother of the child is the plaintiff, Ashley N. Bretz, currently residing at 47 Greenmont Drive, Enola, Pennsylvania, Cumberland County, Pennsylvania. The mother is single. The father of the child is the defendant, Justin Forgie, currently residing at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Pennsylvania, 18222, Luzeme County, Pennsylvania. The father is single. 4. The relationship of the plaintiff to the child is that of mother. 5. The relationship of the defendant to the child is that off ather. The defendant currently resides with the following persons: Name Relationship n/a- defendant is currently a resident of Keystone Job Corps 6. The 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. 7. The plaintiff has no information on a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The child is in the current physical custody of the plaintiff's mother because the plaintiffs mother forcefully removed the child from the plaintiff without her permission and refuses to return the child to the plaintiff. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the plaintiff is the child's natural mother and primary caretaker. The plaintiff is employed and has housing, and can continue to provide for the child. 10. The father is enrolled in the Keystone Job Corps Service and cannot exercise custody . , " -."~,, Co". -. .,~ -,~'~.r_ '~ ,--,-- c'- .'~ki..~,:.,~, I of the child at this time. 11. Both parents whose parental rights to the child have not been terminated have been named as parties to this action. The plaintiff's mother, Melissa Haines, who has forcefully removed the child from the plaintiff without her permission and refuses to return the child to the plaintiff, will be sent a copy of this complaint. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff with supervised visitation to the defendant at the times and places agreed upon by the parties. Respectfully submitted, () I, ~ Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ,_. ~ VERIFICATION .~"' I verify that I, AsWey N. Bretz, am the Plaintiff in the present action and that the facts and statements contained in the above Complaint 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. g4904, relating to unsworn falsification to authorities. Dated:~ (\1\ n ~9 i cr Y6f\ ~ ' PI Iff -~. ....._~ iiW-li , ~" < :.JW~~~~'I_lii_~jJi!'1M!lMre;;!ll"'i\c.,r"'''-''S:}'d."J''';J.itc'1!.,'o"-,~-X;jC""':\f.Lj"",,~ ....~ ~ ~ "".'_' .~_ M~"__ ~,~ ",," ,," ,,"~, "~m,",_ ,_~,~_~, ~ ~_. ~_ d ...5 "'-""~irl. L-lt6!ilil-1l!! ~-~1 o ~ -UCL1 ~~: C::Cj ~-.~ ~~.?I )::'C Z .:j -<. <::) :;: "',"'" ::;0 f0 --> .......... CJ ---1'1 -0 ="" r;? .J) _~ ,-:-i ':~~Y .~j,C) "..> 'or, .1".""'1'1 s-.2(~ ':;::rn l..-J ~-, :.> :0 =< .- , , . - '~'"," .~ _""~^__' . ~ m" "'.""-"'~ Ashley N. Bretz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : NO. - CIVIL TERM 0(-/79/ Justin Forgie, PRAECIPE TO PROCEED IN FORMA P AUPERlS To the Prothonotary: Kindly allow Ashley N. Bretz, 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. J }H--J c/.Ioan Carey Attorney for Plainti MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '~I '0-"" . ,"' ,J ~- '''''';l AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my fmancial 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: AshlevN. Bretz Address: 47 Greenmont Drive. Enola. Pennsvlvania 17025 Social Security Number: 192-64-0936 (b) If you are presently employed, state Employer: JeffE1ickers (Tom's Mobile) Address: 459 North Enola Road. Sununerdale. Pennsvlvania 17093 Salary or wages per month: $400.00 Type of work: Cashier If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: ~. ". _< "., ' _r-'" -"', Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: $68.00/ week (goes to grandmother of child) Disability payments: Unemployment compensation and supplemental benefits: Worker's compensation: Public Assistance: Access (Medical Insurance)/WIC Other: Family Care Network (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: Checking Account: Savings Account:$300.00 (Omy the plaintiff's grandfather can sign the money over to plaintiff) Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Year Cost Amount owed_ Stocks; bonds: Plaintiff's mother handles the plaintiff's bonds . Ilt~"~ - " "~~ ..'~, 1- , . ,."c.'.,.''''. - I--"'---".~>".L { Other: (t) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: Personal: $300.00 Baby food and supplies: $100.00 Medical: $15.00 School related: $20.00 Gas: $40.00 Recreational:$15.00 (g) Persons. dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Derek Forgie Age: 13 months 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. Signature: O~hDO~J\~ Ashley N. etz , Date: V \ \ ct \ 01 "",-;.;:r_ t- ,.:_.l .--- .. l " ~~i\'illa~1>.lI\li;l~~I~[jjliJiIlilMlMi~!iEI~""iil,k,i,~''''~;:;W;;;c'''iiXill'~!>l~'''W~,~~.IIi ~ -""'~'^ ~,'=-. ~~-=,,=-,~ .,~~ - ,,' ". " -~. . .~ -. ml~/"'''--" " 'iIliIl' o c ~... -0"= _a, I'in'" 2--,-; ;:.:C en ,1--.- ~;:~. ":?c' 2.,--: ~~' ~ -_.'~'-""'liL i o o " 2:) ;:11~ --1;;-1 ..-,,')D ~~'~GJ 5::'> ::-.C) ;;,{t<1 ~ :(J -< :;'i': ~"" ;;u i\:) .--.1 -0 ::r:: I'Y ':..v , ASHLEY N. BRETZ, Plaintiff/ Petitioner :IN THE COURT OF COMMON PLEAS OF v. :CUMBERLAND COUNTY, PENNSYLVANIA DI-17C1 I :NO. CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this f} 7fi-. day of /'Ii Ml~upon consideration of the attached Petition for Special Relief, the following Order is entered regarding custody of Derek Forgie, born February 3, 2000. 1. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have supervised visitation of the child at times and places agreed upon by the mother and father. 3. This Order is entered without prejudice to either party to request a hearing. 4. This Order shall remain in effect pending further Order of Court. By the Court, /.,J;rtHM d .~ ( Joan Carey Attorney for Plaintiff Justin Forgie Pro se Defendant ~ r~( h~,'i<""'"J"'''' ~"!l- , lu~' -', bt'".,'I,.,,"-i;'l,,}Hf, '_' I ; ? ,'}t.i.' . ",. .1, ~~ (:'!(V~i q"j'i /. ~""~ ,~~ _' ' _"J my La~-'w il:i~;~~ ~"~~!Id D~.WI~"iL.'i!.' ~.G"~.!!lt.le.. ~.; - /0 //fl":::b3!J:c . --.,-"t/' PrMl1onowry -&~ --< ~ II . <oj' r-,:,,: ( ASHLEY N. BRETZ, Plaintiff/ Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL V ANlA v. :NO.01-1791 CIVIL TERM JUSTIN FORGIE, Defendant! Respondent :CUSTODY AMENDED PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of Mid Penn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 47 Greenmont Drive, Enola,Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as the father, who, to the best of the Plaintiff's knowledge, resides at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents of Derek Forgie, born February 3, 2000. 4. This Court entered a Temporary Custody Order, see attached, on March 27, 2001, granting the mother primary physical custody. 5. On March 27, 2001, the mother attempted to enforce this Order of Court, but the Hampton Township Police Department would not facilitate the transfer of custody to the mother without further Order of Court. 6. The grandmother told the Hampton Township Police Department that she refused to return the child to the mother pursuant to the Order of Court. WHEREFORE, Plaintiff/petitioner requests that the Temporary Order be modified and amended to order the police to enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz. Respectfully submitted, )I-tL"'VaJ-V~V( {10an Carey Attorney for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PAl 7013 j;'~ =~> ~ ~ , "-101'- ,t'_ 1...".1 VERIFICATION I, Joan Carey, Attorney for PlaintifflPetitioner, verifY that the statements contained in the above Petition are true and correct to the best of my knowledge. The information is based on telephone conversations with Plaintiffi'Petitioner, Ashley N. Bretz, and Officer Felty, Hampton Township Police. Verification by Plaintiffi'Petitioner caonot be obtained in a timely maoner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated: 3MY/o / / / a v.. / ~-iL~ &~/J/ %an Carey, Attorney for.:p!aintifflPetitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ".' ;;';-,i;,; , ASHLEY N. BRETZ PLAINTIFF' V. JUSTIN FORGIE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1791 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT :" AND NOW, Friday, March 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJ!,cqueline M. Verney, Esq. , the conciliator, at ~th Floor, Cumberland County Courthouse, Carlisle on Weduesday, May 02, 2001 at 9:30 a.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 defme 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. The court hereby directs the. parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. ""''''''' FOR THE COURT, By: (sl Jacqueline M. VernCO'. Esq./JIj 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 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 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 ^-' - - ~OJl~"__",,,;';rA";"Ji~.,,~';lO!I':;;"~~~ .~~~~;;ila . ",~-,,-~y -- '~ ~~~ '*7-~~ #7' Z /'T:nI ~~u, .~~% ~ ~ M>" '/T ViN\)~I\lA8NN3d , 1\1"-(-,-, ("" 'u""'\' ""'l'~'Jllnl'"'\ AU i; :;" I.,' L ':,1\ ,; "::!:'jC;~I\1J Iv f;U : I ': ;>,- "_IN j n ,-, \'~'...1i 1 v .~_. , IIl- ej, JCl . <:: II J(J' 'C:It , ..... .."" .~,~- . . ASHLEY N. BRETZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 01-1791 CIVIL TERM JUSTIN FORGIE, Defendant :CIVIL ACTION- LAW CERTIFICATE OF SERVICE I, Jennifer Hernandez, do hereby certify that on the 2nd day of April, 2001 I served a true and correct copy of the foregoing Complaint for Custody, Petition for Special Relief, Temporary Custody Order, Amended Petition for Special Relief, and Amended Temporary Custody Order on the Defendant, Justin Forgie, at the address set forth below, by certified mail, restricted delivery, return receipt requested. Keystone Job Corps Service Foothills Drive, P.O. Box 732 Drums, PA 18222 ~ Hernandez, Le egal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 -". .. ..,;;>> Ct,,,/ '-":'::>t ~~~l1i " .:l<IiJ~WJ!3I;~..mf!'~1liiiI1'Jli[~~"I;'!oi.l';~W"j',ru!I""'th%i~",",.i.H;fuli<ilI.il~!:ilIIlliI_lIi~.. ~ , <t -,"- -~~~-'- ~<=" ~- j ,c -~.'~- =,< ,. ~~, ~ iiiliollllillfiUi: ~.. ,~ "'HitllU.IIl o c::: ~ -0(.13 tl\rr-: 2:-)-:' zC (jJ v =<7- r:; CJ ~(:? !~'---" 7C Z ~ C) 'J:'" ->;':i "j . I _c .","J' i-..,) ,-. '--' .-,": -/J ...-:'~ - :-",---- '~-./J~~ ~:::...\ J' 3. ~.? '." cr. ,,".. ,. _r"" <~. _ = _,--, _ .' ,'~' '-' '_~ "d'h ,,- ., , "'<.._--""",'.', ~ .- ''-~l'd.l,' "",,'i<_ " ."~'~ .' '.'_,....... 'C'~. ,=-, ~--_ ~. "";,.,' ASHLEY N. BRETZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1791 CIVIL TERM JUSTIN FORGIE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO VACATE PREVIOUS ORDERS OF COURT AND TO ADD PERTINENT PARTIES TO ACTION AND NOW, comes Melissa Haines and Timothy M. Preston, through their attorney, Cara A. Boyanowski, Esquire, and aver as follows: 1. Petitioner Melissa Haines is an adult individual, presently residing at 3615 Franklin Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is the natural mother of Ashley N. Bretz, the plaintiff in the above captioned custody case, and the maternal grandmother of Derek Forgie, born February 3,2000, the subject minor child in the above captioned custody case. .... 2. Petitioner Timothy M. Preston is an adult individual, presently residing at 3615 Franklin Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is the fiance of Melissa Haines. 3. Plaintiff Ashley N. Bretz, is a minor, having a birth date of February 14, 1984. It is believed that she is residing at 47 Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025. 4. Defendant Justin Forgie, is an adult individual, presently residing at Keystone Job Corps Service, Foothills Drive, P.O. Box 732, Drums, Luzerne County, Pennsylvania. - , ," >,., ,- .. ..~- "" ,. ~ ';;ji'"' ''^'-~ >",~-"'" "*'---- "~-~."~"'~,--",~" ~,,^", '''-~! 5. Plaintiff and Defendant are the natural parents of Derek Forgie, born February 3, 2000, the subject minor child in the above captioned custody case. 6. Plaintiff filed a custody complaint against Defendant with this Honorable Court, requesting primary physical custody of her child, subject to supervised visits by Defendant. 7. Simultaneous with the filing of the custody complaint, Plaintiff filed a Petition for Special Relief, requesting this Honorable Court to award her temporary custody of Derek pending further order of court following a custody conciliation. 8. This Honorable Court granted Plaintiff's request for primary physical custody by Orders of Court, dated March 27,2001 and March 29,2001. 9. Neither the Custody Complaint nor the Petition for Special Relief, filed by Plaintifi; listed Petitioners as parties to the custody action, even though Derek was in the care and custody of Petitioners at the time the Custody Complaint and Petition for Special Reliefwere filed. Furthermore, Derek has resided with Petitioners from the date of his birth, February 3, 2000, until the date Plaintiff removed him from their car.e and custody, March 29,2001. 10. During the period of time in which Derek resided with Petitioners, they financially supported him, fed him, clothed him, bathed him, put him to bed, took him to doctor appointment, transported him to day care, etc. 11. Melissa Haines and Timothy M. Preston have acted in loco parentis and have standing to bring an action for custody. 12. Melissa Haines and Timothy M. Preston seek shared legal custody and joint physical custody of Derek Forgie. -: - -. ~<'- '-><""-'~""~=-,'I"d"<-.='-" "",~, ,,"- >"~':;'-'''{-'-'''"",'''j-'' ~~-''''''-'' , .-0" --''tl WHEREFORE, Melissa Haines and Timothy M. Preston, request this Honorable Court, to: A. action; B. and C. Amend the existing pleadings to include them as parties to this custody Vacate the Orders of Court, dated March 27,2001 and March 29,2001; Enter a Temporary Custody Order of Court, which awards shared legal custody of Derek Forgie to Melissa Haines, Timothy M. Preston, Ashley N. Bretz, and Justin Forgie and joint physical custody to Melissa Haines, Timothy M. Preston and Ashley N. Bretz, subject to periods of partial physical custody with Justin Forgie. Respectfully submitted, DALEY LAW OFFICES ara A. Boyanowski, squire Supreme Court I.D. No. 68736 1029 Scenery Drive Hanisburg, PA 17109 (717) 657-4795 "'" ~-"" -~ ,--'"' "'~ ,- "" --- > '--0" - ,,-' ,'"" __ ,.-,'~, '-c~',,, '-'+'I,'_"<~'" ,,~ ." __._'--, ~","',<" ';;""._~_~' __",X, ii~A ,,-1 'i ;": :1 < '! ~-, < CERTIFICATE OF SERVICE ('j . -) I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a d ::1 true and correct copy of the foregoing Petition to Vacate Previous Orders of Court and to Add 'Ii . Pertinent Parties to Action, on all interested parties, by depositing same from Harrisburg, , ~) "I 'j ,'1 Pennsylvania, first class mail, postage prepaid, addressed as follows: Joan Carey, Esquire MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 Justin Forgie Keystone Job Corps Service Foothills Drive P.O. Box 732 Drums, PA 18222 Date: t-\-/li)..()\ Ii j-i ';1 i :': , i~ DALEY LAW OFFICES ara A. Boyanowski, Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 fJf ~rl .. ,.~, '-... ASHLEY N. BRETZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1791 CIVIL TERM JUSTIN FORGIE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition to Vacate Previous Orders of Court and Add Pertinent Parties to Action, it is hereby ORDERED and DIRECTED that: A. The existing pleadings in this matter shall be amended to include Melissa Haines and Timothy M. Preston as parties to the action; vacat . C. Shared legal custody of Derek Forgie shall be awar to Melissa Haines, a1 BY THE COURT: Ap.,1 'Z- (, 'Z-Oo I /J;L miiot L 'Jio "'-~'!iIlt'IMll"',;;;-"-'< b~ .,., ..I~ -6.~ '[ l, f 'f- "" ~ c ..... ,~." ,'_~'>J"', "'.,-'." ""~'''~_ .-ow" ,r,"",)t.-""'~_'.="'"' ,~'.. ~_- , ,".,=~,-,.>.",;~, '" , VINVA'1ASNN3d AlNnOC! ONVli::!38VVnO i €; : 1/ HV L Z tJdV 10 I Ll'..nn' 'i" 'I'~',.' ,,",:' ,JO I\(,JV..1.VII.(\..I11..'.....",C; ""I!.,L ..,J, 38!J3G--G31Jj "''::''''.;,X,~___"", ''''_'-_',''''''.' ~,,' ,,-~'-"'-, ""' - , '" ~, ~- , "'.. ' -~ , .H "~ ~ -'iliIliIiflllllli-i ... l_j"'! ~ 11' MAY 0 3 2001 b!J ASHLEY N. BRETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. NO.2001-1791 CIVIL TERM JUSTIN FORGIE, MElLIS SA, HAINES, and TIMOTHY M. PRESTON, Defendants CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this <{" day of "'a , 2001, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The prior Order of Court dated March 27, 2001 is hereby vacated. 2. The Mother, Ashley N. Bretz, shall have sole legal custody of the child, Derek Forgie, born February 3, 2000. 3. Mother shall have primary physical custody of the child with the maternal grandmother and her fiancee, Melissa Haines and Timothy M. Preston, having periods of partial custody as follows: A. Beginning Friday, May 4, 2001 at 4:00 p.m. to Sunday, May 6, 2001 at 4:00 p.m. and alternating weekends thereafter from Friday at 4:00 p.m. to Sunday at 4:00 p.m. B. In addition, two evenings per week to correspond with Mother's work schedule from 5:00 p.m. to 9:00 p.m. as agreed by the parties. Mother shall supply her work schedule to Melissa Haines and Timothy M. Preston as soon as practicable after receipt thereof. 4. Father, Justin Forgie shall have periods of supervised custody as agreed by the parties. It is understood however, that Father's periods of custody shall be during the times that Melissa Haines and Timothy M. Preston have custody, unless otherwise agreed by the parties. 5. Defendants, Melissa Haines and Timothy M. Preston, shall provide transportation unless otherwise agreed by the parties. f!O~m~~~1ilmW'i'~it',<Il;h4Wi';-.';h;!l<.lI;t;'->iliili.0,~'iJ.:j'~'~,-'!f-l~~~~,ilIl\>j-~~..1l!~~~~Il( t \iI"""''' AL~lnWIft~1;\SNN3d J ......J) (1!\fl'(~Hr;,"" -- _f <~-l.-!"'tl\tn'"' --'In J ,.., '~ {j (:; :2/ U ."~ . ',;,_.J '1_, '~'J I./:,l ,~ ff ~'1 ..... ;..-u ,,) ,~" ~"'~,,, .,"=."" ,'_"""'''''''_''''''''''-'''r<_ ,', "., ,.". __',~ =,_'" , "'"'" '""o<,,,,~~,~-';^.,,," ~."__=""=_ ~_'__"_".~ "" <',"''',.,' _ "-~",", " -",~ - >-. ~~~~"~-"'1!J..>>..," ,- ~, ,~-=_.,'~ -<'" .lIiilii....' , ~~...,<I"--- ~- - II . . 6. This Order is entered pursuant to an agreement ofthe parties present at the Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Joan Carey, Esquire - Counsel for Mother Cara Boyanowski, Esquire - Counsel for Melissa Haines and Timothy M. pr~eton Justin Forgie, Pro se . Keystone Job Corps Service rr Foothills Drive ~ e;. P.O. Box 732 . If-T< Drums, P A 18222"" ~ ~ Or- ~,O O?D 1--' ,'" "11." , ' '(r- '4~"~ ASHLEY N. BRETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. JUSTIN FORGIE, MElLISSA HAINES, and TIMOTHY M. PRESTON, Defendants 2001 - 1791 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH COUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Derek Forgie February 3, 2000 Mother 2. A Conciliation Conference was held in this matter on May 2, 2001. Mother, Ashley N. Britz, was present with counsel, Joan Carey, Esquire. Father, Justin Forgie, although he received notice ofthe conference, did not appear. Additional defendants, the maternal grandmother and her fiancee, Melissa Haines and Timothy M. Preston, were present with counsel, Cara Boyanowski, Esquire. 3. The parties present at the conference agreed to entry of an Order in the form as attached. ::; - 3 -0 ( Date () ~lh- ~??/ acq eline M. Verney, Esquire Custody Conciliator -",