HomeMy WebLinkAbout99-04899 i
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Jeannie Lynn Metzger,
Plaintiff
V.
Michael Allen Metzger,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-49 CIVIL TERM
CUSTODY
IAEMPORARY ORDER OF COURT
AND NOW, this 3L day of August, 1999, upon consideration of the Petition for
Special Relief filed by Plaintiff, the following Order is entered regarding custody of the minor
child, Michael Allen, DOB 4/12/99:
Plaintiff, Jeannie Lynn Metzger, shall have primary physical and legal custody of the
child subject to supervised visitation with Defendant at times agreed by the parties.
Defendant is ordered to return the child to the mother's custody forthwith. Defendant
shall not remove the child from Cumberland County and/or from this Court's jurisdiction.
Law Enforcement Officials shall enforce this Order facilitating the immediate return of
custody to Plaintiff.
This Order shall remain in effect until further Order of Court, but Defendant may petition
the court for a hearing or Conciliation Conference regarding custody.
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Joan Carey, Attorney for Plaintiff
Michael Allen Metzta'er, Pro se Defendant _ / aJt31q e
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Jeannie Lynn Metzger, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
v : NO. 99- 099 CIVIL TERM
Michael Allen Metzger,
Defendant :CUSTODY
PETITION FOR SPECIAL RELIEF
Plaintiff/ Petitioner, Jeannie Lynn Metzger, by and through her attorney, Joan Carey of
Legal Services, Inc., represents the following:
1. The plaintiff/ petitioner, Jeannie Lynn Metzger, hereinafter referred to as the mother,
resides at 201 31" St., Enola, Pennsylvania, Cumberland County, Pennsylvania 17025.
2. The defendant/respondent, Michael Allen Metzger, hereinafter referred to as the
father, has removed the parties' minor child from Pennsylvania and the mother does not know his
exact whereabouts.
3. The parties are the parents of Michael Allen Metzger, Jr., DOB 4/12/99.
4. A Complaint for Custody was filed with the Petition for Special Relief in the above-
captioned matter on behalf of the mother, and a conciliation conference is being scheduled..
5. The best interest and permanent welfare of the child will be served by granting the
relief requested for reasons including the following:
e. Plaintiff has been the primary caretaker of the child since his birth, and she
can continue to provide a stable environment for the child.
Defendant has not acted in the child's best interest by removing the child
from Pennsylvania on August 6, 1999, driving the child across the country
to New Mexico to an area unknown to him where a woman whom he met
on the intemet resides, and threatening to keep the child from the mother.
g. Defendant has been physically abusive to Plaintiff in ways including:
hitting her causing bruises on her anus and legs, grabbing her and pushing
her, and throwing such objects as a chair at her.
h. Defendant has placed the four month old child in danger by taking him
across country in a car which was not in adequate condition for such a trip,
with insufficient funds to provide for himself and the child, and with no
plans as to how to provide for the child's needs .
6. Since August 6, 1999, the mother has made repeated attempts to locate the father and
child and to have her child returned to her in Pennsylvania, including the following: contacts to
the police and other law enforcement officials in Pennsylvania who said they could not assist her
without a Court Order granting her custody; phone calls from the father and sister of the married
woman from New Mexico whom the father had met on the internet who expressed concerns that
the father had taken the child to New Mexico, and eventually conversations with the father who
said he was sleeping in a car with the child in New Mexico.
7. In spite of many requests that the father return the child to her, the mother has not
seen her child since August 6, 1999, and without this court's intervention and an Order granting
her Custody, she cannot get further assistance from law enforcement agencies including the
Federal Bureau of Investigation to facilitate the return of her child.
8. If the mother is able to convince the father to return the child to her, a Temporary
Order granting her custody, ordering the father not to remove the child from Cumberland
County, Pennsylvania, and directing the police to facilitate the return of custody to her will
stabilize the situation and avoid further trauma to the child pending further order of Court.
WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting her
primary physical and legal custody subject to supervised visitation in the defendant, ordering the
defendant not to remove the child from Cumberland County, and directing the law enforcement
agencies the facilitate the transfer of custody to the mother.
Respectfully submitted,
G
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Jeannie Lynn Metzger, verifies that the statements made in
the above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to
authorities.
Date:`
nnie Lynn Metzger, I 'tiff -i-??
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Jeannie Lynn Metzger, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 99-4&R CIVIL TERM
Michael Allen Metzger,
Defendant :CUSTODY
ORDER OF COURT
AND NOW, August 1999, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective cou sel appear beforel the
conciliator, at39l1.etun .?t?ttyraVl i t?e 15day of
z9i , 1999, at 11c .m., for a Pre-He ng
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. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
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.
COURT ADMINISTRATOR, 2nd R FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (71'/)240-6200
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.
For the Court,
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Date Custody Conciliator ??? )
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Jeannie Lynn Metzger,
Plaintiff
V.
Michael Allen Metzger,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- 'IW CIVIL TERM
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff, Jeannie Lynn Metzger, resides at 20131 St., Enola, Cumberland
County, Pennsylvania 17025.
2. The residence of defendant, Michael Allen Metzger, is not known by Plaintiff;
Defendant removed child from Pennsylvania on August 6,1999, and Plaintiff has not been sure of
his residence at that time. To the best of Plaintiffs knowledge, Defendant and the child were in
Albuquerque, New Mexico.
3. The plaintiff seeks custody of the following child:
Name Present Residence Aae
Michael Allen Metzger, Jr. Unknown DOB 4/12/99
The child was born in wedlock.
The child is presently in the custody of Michael Allen Metzger and his exact whereabouts
are unknown to Plaintiff.
During the child's lifetime, he has resided with the following persons and at the
following addresses:
Ntms Address Date
Plaintiff & Defendant 201 3" St. 4/12/99-8/6/99
Enola, Pa 17025
Defendant New Mexico 8/6/99-present
Exact whereabouts unknown
17025The mother of the child resides at 201 3rd St., Enola, Cumberland County, Pennsylvania
.
She is married.
The father of the child has taken the child to New Mexico and his exact whereabouts is
unknown to Plaintiff.
He is married .
4. The relationship of plaintiff to the child is that of mother. The plaintiff currently
resides by herself.
5. The relationship of defendant to the child is that of father, and Plaintiff does not know
with whom he and the child currently reside.
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 of a custody proceeding concerning the child pending
in a court of this Commonwealth.
8. The 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.
9. The best interest and permanent welfare of the child will be served by granting the
custody of the child to the plaintiff for reasons including the following:
a. Plaintiff has been the primary caretaker of the child since his birth, and she can
continue to provide a stable environment for the child.
b. Defendant has not acted in the child's best interest by removing the child from the
mother, driving the child across the country to New Mexico to an area unknown
to him where a woman whom he met on the internet resides, and threatening to
keep the child from the mother.
C. Defendant has been physically abusive to Plaintiff in ways including: hitting her
causing bruises on her arms and legs, grabbing her, pushing her, and throwing
such objects as a chair at her.
d. Defendant has placed the four month old child in danger by taking him across the
country in a car which is not in adequate condition for such a trip, with
insufficient funds to provide for himself and the child, and with no plans as to
how to provide for the child's needs .
10. 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, the plaintiff requests this Court to grant her primary physical custody of
the child and any other relief which is just and proper.
Respectfully submitted,
i
oan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Jeannie Lynn Metzger, verifies that the statements made in
the above Complaint are true and correct. The plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to
authorities.
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Date
J rie Lynn Metz ainhff
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: IN THE COURT OF COMMON PLEAS OF
Jeannie Lynn Metzger
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 22-4o *IVIL TERM
Michael Allen Metzger
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Jeannie Lynn Metzger, to proceed L forma pauris.
I, Joan Carey, attorney for the party proceeding in forma oaueris, 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.
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Joan Carey
Attorney for Plaintiff
8 Irvine Row
Carlisle PA 17013
Jeannie Lynn Metzger
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
Michael Allen Metzger :NO. 99- CIVIL TERM
Defendant
AFFIDAVIT IN SUPPORT OF pETjTION
FOR LEAVE TO PROCEED IN FORMA PA PERT
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 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: -Jeannie Lynn Kulp McLEer
Address: _201 3'd Street. Enola PA 17025
(b) Social Security Number: 207-58-8985
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: September 1998
Salary or wages per month: $1. 085.00
Type of work: Convenience store cashier
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities: $ 580./month
Social Security benefits:
Support payments: _
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer:
j Salary or wages per month:
Type of work:
i
i Contributions from children:
i
y (e) Property owned
Cash: $ 900
j Checking Account:$ 14.23
Savings Account: $ 25.00
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make Chevy GEO Year 1991
Cost $ 8.000.00 Amount owed- 8.000.
Stocks; bonds:
Other:
(t) Debts and obligations
Mortgage:
Rent: $ 295.00
Loans: School $8.400.
Monthly Expenses: PPL $ 20.M UGI $ t5 Op• $ 40 00 t'ar Ins Gro, eries $2 1 Per on 1
Hygiene $30,00o Telephone $22 00• Clothing 100 00 Transportation $.B7.00 Taxes $15.00:
(g) Persons dependent upon you for support (Husband) [Name:
Children, if any:
Name: Age:
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.
'qc
Date:
eannie Lynn Me, e
SEP 2 0 1999
JEANNIE LYNN METZGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 99-4899
MICHAEL ALLEN METZGER,
Defendant : IN CUSTODY
ORDER OF OOURT
AMID NOW, this 14th day of September, 1999, the conciliator, being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
The Custody Conciliation Conference scheduled for September 15, 1999 is
canceled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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Jeannie Lynn Metzger,
Plaintiff
v.
Michael Allen Metzger,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 99-9699 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 1999, upon
consideration of the attached Praecipe to Withdraw Action, the
the Temporary Custody Order entered on August 13, 1999, is
VACATED.
By the Court,
Joan Carey
Attorney for Plaintiff
Legal Services, Inc.
Michael Allen Metzger
Pro Se Defendant
*9Hof e r, President Jud,Ie
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Jeannie Lynn Metzger. IN THE COURT OF COMMON PLEAS OF
CUMSEPJMM COUNTY, PENNSYLVANIA
Plaintiff
No. 99-9899
VS.
Michael Allen Metzger,
Defendant
PRAECIPE TO WITHDRAW ACTION
The plaintiff in the above-captioned case requests that the
above captioned case be withdrawn and Temoorary Custody Order of
Aucust 13, 1999, be vacated
To Curtis E. Loner, Prothonotary
October. 15 1999
-/Joan Carey, Attor, y for Plaintiff
Legal Services, Ac.
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