HomeMy WebLinkAbout99-036271
1
a?
at
¦
Plaintiff
v.
?? h ?I?lq}9lIS Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION LAW
NO.t%f' i' CIVIL 19 /-11
CUSTODY VISITATION
And now, this (? I « , upon consideration of the attached complaint, it is hgeby direc ed
that the above parties and their respe Live co nsel appear be or X. L1i
Esquire, the conciliator, atUV, 'n' 2f
Pennsylvania, on the wL day of <SAarr t a , 1999, at Z'.= / P.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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator /tea
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
..
?,
. n, isrf?
i-.l p.r. ? ..
i.,J?:,_
t'c .. ...l L;, ...
JUN 16 1999
K
Cheryl V. Watts, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Kurt R. Margalis, 3la Q-7
Defendant : NO. 99- CIVIL TERM
ORDER OF COURT
AND NOW, this day of , 1999, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at , Cumberland County Courthouse,
on the day of , 1999, 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's attendance is not mandatory. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent 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 County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
Cheryl V. Watts,
Plaintiff
V.
Kurt R. Margalis,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 99-?U'n CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Cheryl Watts, by her attorneys, the Family Law
Clinic, sets forth the following cause of action:
1. The plaintiff is Cheryl Watts, residing at 102 West High
Street, Room 309, Cumberland County, Pennsylvania, 17013.
2. The defendant is Kurt Margalis, residing at 162 Wyoming
Street, Wilkes-Barre, Luzerne County, Pennsylvania, 18705.
3. Plaintiff seeks custody of the following children:
Name Present Residence Date of Birth
Jordan Michael Soule 102 West High Street, Rm.309 8/27/97
The child was born out of wedlock.
The child is presently in the custody of Cheryl Watts, who
resides at 102 West High Street, Room 309, Carlisle, Cumberland
County, PA 17013.
During the past five years, the child has resided with the
following persons and at the following addresses:
Persons Addresses Dates
Cheryl Watts 277 B. East Pomfret St. Aug. 27, 1997-
Joshua Soule March 27, 1999
Cheryl Watts 102 West High St. March 27, 1999 -
Joshua Soule present
4. The relationship of the plaintiff to the child is that of
mother. She is single. She currently resides with the following
person:
Name Relationship
Joshua Soule Son
5. The relationship of defendant to the child is that of
father. He is single. He currently resides with the following
persons:
Name
Ed Margalis
Relationship
Father
6. 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.
Plaintiff has no information of a custody proceeding
concerning the child pending in a court of 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 child.
7. •iite 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 the child with a home with adequate
moral, emotional, and physical surroundings to meet the child's
needs;
c) Plaintiff is willing to accept custody of the child;
d) Plaintiff continues to exercise parental duties and enjoys
the love and affection of the child;
e) Child has been raised since birth with his half-brother,
Joshua, and it would be detrimental to Jordan's well being if they
were separated.
8. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child has been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant to her
primary physical and primary legal custody of the child.
Date: r,'Iy? 1 I
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
VERIFICATION
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. §4904 relating to unsworn
falsification to authorities.
Date:! IISI19 '?
Chery Watts, Plaintiff
ROBERT E. RAINS
KATHERINE C. PEARSON
Supervising Attorney
DONALD MARRITZ
Staff Attorney
cli
r
1-
?-? Cis C.l
JUN 16 199
Cheryl V. Watts,
Plaintiff
V.
Kurt R. Margalis,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN CUSTODY
NO. 99-3627 CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Cheryl V. Watts, Plaintiff, to proceed in forma
pauperis.
I, Jeffrey S. Addis, of the Family Law Clinic, Certified Legal
Intern 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 of litigation is attached
hereto.
Date: p_ ITS 1
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
THOMAS M. PLACE
KATHERINE C. PEARSON
Supervising Attorney
DONALD MARRITZ
Staff Attorney
Cheryl V. Watts,
Plaintiff
v.
Kurt R. Margalis,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 99-3627 CIVIL TERM
AFFIDAVIT SUPPORTING PFnECIP_F rrnv
TO PROCEED IN FORMA nn "1Yd
Rlp
1. I am the Certified Legal Intern in the above
because matter
of my financial condition and
am unable to pay the fees and
costs o f prosecuting or defending the action
or proceeding.
2. I am unable to obtain funds from
family anyone, including
and ass
i my
oc
ates, to pay the costs of litigation.
3. I represent that the information below relatin
t
ability g
o
to pay the fees and costs is true and my
correct.
(a) Name: Cheryl V. Watts
Address: 102 West High Street, Carlisle PA, 17013
Social Security No
17
(b) .:
4-58-0217
Employment
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
A
:
pril 1999
Salary or wages per month: $455
(c) gross per month
Oth
o
e
er
income within
the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments.
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: $329 in food stamps per month
Other:
(d) Other contributions to household
support
(Wife)(Husband) Name:
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:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make , Year
Cost , Amount Owed $
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent:
Loans:
Other: Petitioner lives in Safe Harbor, 102 West High
Street. Her rent and associated utility bills are paid
for by Safe Harbor.
(g) Persons dependent upon you for support:
(Wife)(Husband) Name:
Children, if any:
Name: Jordan Soule Age: 2
Joshua Soule 4
Other persons:
Name:
Relationship:
4. 1 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
unsworn falsification to authorities.
Date L !/C
Petit' er
13-
S
1y
V
CO
O m _i
C f>
SEP 1 4 199tt
CHERYI V. WATTS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
KURT R. MARGALIS, NO.99-3627 CIVIL
Defendant IN CUSTODY
5 COURT ORDER
i
AND NOW, this day of September, 1999, the Conciliator being advised that the Plaintiff
has withdrawn their claim for custody in the above matter, the Conciliator relinquishes jurisdiction.
BY THE COURT,
v `
Hubert X. Gilroy, Esq.
Custody Conciliator
C:
V. __
,
%' ...
It
??
i
._ !'
?. ?; ??
l'. _
- J :..i