HomeMy WebLinkAbout01-04342ISACC M. COLE : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V.
YVONNE A. COLE N0.2001- 4342 CIVIL TERM
CIVIL ACTION -CUSTODY
ORDER OF COURT
AND NOW, this 20TH day of AUGUST 2001, the conciliator, Sheriff and/or the
authorities at SCI-Albion are directed to make arrangements to allow Plaintiff to
participate by telephone in the pre-hearing custody conference scheduled for FRIDAY,
AUGUST 24, 2001, at 9:30 a.m. in COURTROOM # 5.
Hubert X. Gilroy, Esquire
Sheriff Thomas Kline
SCI -Albion
Albion, Pennsylvania 16475
By th urt,
Edward E. Guido, J.
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ISAAC M. COLE, * IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
*
*
vs. CIVIL ACTION - LAW
*
(RE: Visitation/Custody
YVONNE A. COLE, *
Defendant NO: 01-4342
*
PETITION FOR TRANSFER FROM SCI-ALBION
TO CUMBERLAND COUNTY FOR HEARING
AND NOW, comes Plaintiff, Isaac M. Cole, pro se, bringing
the following Petition For Transfer From SCI-Albion to
Cumberland County For Hearing, averring in support as follows:
1. Plaintiff is currently incarcerated in the State
Correctional Institution in Albion, Pennsylvania.
2. Plaintiff submitted a Complaint for Visitation and
is Ordered to appear at the Cumberland County Courthouse
before Hubert X. Gilroy, Esq., on Friday, August 24, 2001
at 9:30 a.m. for a Pre-Hearing Custody Conference (EXHIBIT
A).
3. Plaintiff petitions this Court for an Order for the
Cumberland County Sheriff's Department to transport Plaintiff
to Cumberland County Prison in time to attend the August 24,
2001 hearing.
WHEREFORE, Plaintiff prays for your Honorable Court to
grant Petition and issue an appropriate order for transfer.
-2-
Respectfully submitted,
~~~
Isaac M. Cole
ID # EM 8505
SCI - Albion
10745 Route 18
Albion, PA 16475-0002
DATE: August 1, 2001
CERTIFICATE OF SERVICE
I, Isaac M. Cole, hereby certify that a true and correct
copy of the foregoing Petition has been served this 1 day
of August , 2001, by First Class Mail and deposited into
SCI-Albion's mailbox, on the following:
1. Clerk of Court (Original)
Cumberland County Courthouse
Carlilse, PA 17013-3387
2. Office of Sheriff
Cumberland County Courthouse
Carlilse, PA 17013-3387
3. Hubert X. Gilroy, Esquire
Cumberland County Courthouse
Carlilse, PA 17013-3387
~~
saac M. Cole
ISAAC M. COLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
YVONNE A. COLE
• 01-4342 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, July 23, 2001 ,upon consideration of the attached Complaint;
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 24, 2001 at 9:30 a.m.
for aPre-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.
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: /s/ Hubert X. Gilro~„~sgY ~~
Custody Conciliator ~J
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
TRUE COPY FROAA RECORD
~X ~ b i ,~ ~J. In Testimony vehereof, I here unto set my hand
~~,~----"` Brad iioe sea[ of said Court a.'~t C//a''rlisle, Pa.
This ...d...5....._ day ofG~~........., ~.1.
Prothonotary
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ISAAC M. COLE, * IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
*
vs.
* CIVIL ACTION - LAW
* (RE: VISITATION)
YVONNE A. COLE, *
Defendant * NO: 4 ` , y3 ~ oC. C ~ (/ (~
PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
(AFFIDAVIT IN SUPPORT THEREOF)
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 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 correct:
(a) NAME: Isaac Matthew Cole
ADDRESS: Inmate No: EM 8505, 10745 Route 18
SCI Albion, PA 16475-0002
SOCIAL SECURITY NUMBER: 119-56-8603
(b) I am presently unemployed. My last employment date
was January 2000, and my monthly income was approximately
$825.00, as a machine operator.
(c) I have no other income within the past twelve (12)
months.
(d) I have no other contributions to household support.
(e) I do not own any property.
(f) My only debt is to the county of Cumberland in Criminal
Y
-2-
Action Number 00-0469 in lieu of $141,000.00.
(g) Persons dependent upon me for support:
NAME: Yvonne A. Cole (Wife)
Children:
Shayna Cole AGE: Three years (07/03/98)
Micaela Cole AGE: Two years (06/11/99)
Other persons:
Nathan Combs AGE: Nine years (03/39/92)
Relationship: Step-son
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 costs incurred herein.
5. I verify that the statements made in this affidavit
are true and correct. I understand that false statements herein
are subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unsworn falsification to authorities.
Respectfully submitted:
PLAINT FF/PETIT
Isaac M. Cole
ID No: EM 8505
10745 Route 18
Albion, PA 16475-0002
DATE: July 16, 2001
P'
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ISAAC M. COLE
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
YVONNE A. COLE
DEFENDANT 01-4342 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, July 23, 2001 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 24, 2001 at 9:30 a.m.
for aPre-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.
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: /s/ Hubert X. Gilroy, Esr~ t!,~
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
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ISAAC M. COLE, * IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
*
*
CIVIL ACTION - LAW
vs.
*
(RE: VISITATION)
*
YVONNE A. COLE, * NO: ®` -y3 `l~ C f V 1
Defendant
ORDER OF COURT
You, Yvonne A. Cole, Defendant, have been sued in court
to OBTAIN visitation of Nathan Combs, Shayna Cole, and
Micaela Cole.
You are ORDERED to appear in person at
on ,
200 at .M., for
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this order, an order
for visitation may be entered against you or the court may issue
a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE
CUMBERLAND COUNTY BAR ASSOCIATION AT (717) 249-3166 TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
~`
I ,
f
-2-
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. Far information about accessible facilities and reasonable
accomidations 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.
BY THE COURT:
J.
DATE:
,m ,
ISAAC M. COLE,
Plaintiff
vs.
YVONNE A. COLE,
Defendant
* IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
*
*
CIVIL ACTION - LAW
*
* (RE: VISITATION)
*
NO:
*
COMPLAINT FOR VISITATION
1. The plaintiff is Isaac M. Cole, I.D. Number EM 8505,
residing at 10745 Route 18, Albion, PA 16475-0002, Erie County.
2. The defendant is Yvonne A. Cole, residing at 279 Plaza
Drive, Boiling Springs, PA 17007, Cumberland County.
3. Plaintiff seeks visitation of the following children:
(a) Nathan Combs Same address as Defendant Nine years
(b) Shayna Cole Same as address as Defendant Three years
(c) Micaela Cole Same address as Defendant Two years
The children were not born out of wedlock.
The children are presently in the custody of Defendant.
The mother of the children is Defendant.
She (Defendant) is married.
The father of the children is Plaintiff.
He (Plaintiff is married.
4. The relationship of Plaintiff to the children is that
of their father; Plaintiff is step-father to Nathan Combs.
5. The relationship of Defendant to the children in that
of their mother. The children reside with Defendant.
-2-
6. Plaintiff has not participated as a party or witness,
or in another capacity, or in other litigation concerning the
visitation or custody of the children in this or another court,
with the exception of Nathan Combs of who I have partial custody
of. I do not know the term and number; but the court was
~a_~ K`~n l ~sc3n-~v ~ ~ ~~ This has no relationship
to this action.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court in this Commonwealth.
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.
7. The best interest and permanent welfare of the children
will be served by granting the relief requested because I love
my Children and they love me. We communicate by letter.
However, visitation would maintain and strengthen the
parent-child relationship and ease the emotional impact of not
having plaintiff physically present by both child and Plaintiff
watching one another grow and mature. The children express
a sincere desire to visit with Plaintiff as well. Therefore,
the granting of the relief requested will be in the best interest
and permanent welfare of the children.
8. Each parent whose parental rights to the children
have not been terminated and the person who has physical
custody of the children have been named to this action.
k
-3-
Wherefore, Plaintiff requests the court to grant visitation
of the children.
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. § 4904
relating to urtsworn falsification to authorities.
Respectfully submitted:
PLAINTIFF
Isaac M. Cole
I.D. No: EM 8505
10745 Route 18
Albion, PA 16475-0002
DATE: July 16, 2001
~ ~.~~ _ ~.
ISAAC M. COLE, * IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
*
v
vs.
* CIVIL ACTION - LAW
* (RE: Visitation/Custody)
YVONNE A. COLE, *
Defendant N0: 01-4342
*
AFFIDAVIT OF SERVICE
I, Megan Quigley; an the ~ day of August 2001,
did personally serve Defendants with a copy of the Complaint
For Visitation at ~ r .M., pursuant to the
Pennsylvania Rules of Civil Procedure Rule 1930.4(a)(1).
I verify that I am over 18 years of age and the statements
made herein are true and correction and are made to the
provisions of 18 Pa.C.S.A. §4904 relating to unsworn
statements to authorities.
Served on and at:
Yvonne A. Cole
279 Plaza Drive
Boiling Springs, PA 17007
n uigley
15AAC M. COLE,
vs.
* IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
*
* CIVIL ACTION - LAW
* (RE: Visitation/Custody)
YVONNE A. COLE,
Defendant
*
NO: 01-4342
*
CERTIFICATE OF SERVICE OF COMPLAINT
I, Isaac M. Cole, hereby certify that a true and correct
copy of Complaint For Visitation was served pursuant to
Pennsylvania Rules of Civil Procedure Rule 19.30.4(a)(1) by
Megan Quigley of 283 Plaza Drive, Boiling Springs, PA 17007
upon Defendant at Defendant's residence on the ,,s ~` da of
Y
August , 2001. See attached Affidavit of Service.
r ~, `
Isaac M. Cole
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ISACC M. COLE IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
YVONNE A. COLE N0.2001- 4342 CIVIL TERM
CNIL ACTION -CUSTODY
ORDER OF COURT
AND NOW, this 20TH day of AUGUST 2001, the conciliator, Sheriff and/or the
authorities at SCI-Albion are directed to make arrangements to allow Plaintiff to
participate by telephone in the pre-hearing custody conference scheduled for FRIDAY,
AUGUST 24, 2001, at 9:30 a.m. in COURTROOM # 5.
By the urt,
Edward E. Guido, J.
Hubert X. Gilroy, Esquire
Sheriff Thomas Kline
SCI -Albion
Albion, Pennsylvania 16475
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pEC ®~ 2003
ISAAC M. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
YVONNE A. COLE, NO.Oi - 4342 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ~~ day of December, 2003, the conciliator previously
Report with counsel for the parties in this case but no specific order
relinquish jurisdiction, the conciliator now relinquishes jurisdiction.
BY THE COURT,
having a filed a
being issued to
~M1
Hubert X. ' roy
Custody nciliator
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