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HomeMy WebLinkAbout07-2321IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DOMESTIC RELATIONS SECTION 9TH JUDUCIAL DISTRICT STEVEN MICHAEL FRY CIVIL CASE # O? •2.321 (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) PATERNITY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT.'. If you wish to defend against the claims set forth in the following papers, you must appear at the time of hearing listed below. If you fail to do so, the case may procede against you and a final order may be entered against you granting relief requested by the Plaintiff. Plaintiff and Defendent are directed to appear on the day of , 20 at m. in courtroom for a hearing on the Plaintiff's request for genetic testing. If you fail to appear as ordered the court may enter a order in your absence requiring you and your child(ren) to submit to genetic testing. 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. x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMM01 {JEALTH OF PENNSYLVANIA DOMESTIC RELATIONS SECTION 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY CILVIL CASE # (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) PATERNITY COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING Plaintiff, Steven Michael Fry, request that genentic testing to establish paternity pursuant to 23 Pa. C.S. § 4343 and in support of that request states that: 1. Plaintiff is an adult individual who resides at 301 Morea Road Frackville, Pennsylnaia 17932. 2. Defendent is a adult individual who resides at P.O. Box 338 Newville, Pennsylvania 17241. 3. Defendent is the nature mother and Plaintiff beleives that he may be the natural father of the following.child(ren): CHILD'S NAME DATE OF BIRTH Andrew Mellott: 8116/2000 4. The above name child(ren) reside at the following with the following individuals: ADDRESS PERSON(S) LIVING WITH CHILD RELATIONSHIP UNKNOWN TO THE PLAINTIFF AT THIS TIME. 5. Defendent was married at this time to her Commonwealth husband at the time the child(ren) were conceived. 6. Defendent has since re-married to a person unknown to the Plaintiff. 7. There is not a custody, support or other action involving the paternity of the above named child(ren) pending in any jurisdiction. 8. There has not been a determination by any court as to the paternity of the child(ren) in any other support, custody, or divoice, or any other action to the best of the Plaintiff's knowledge. 9. Plaintiff agrees to pay all cost associated with genetic testing directly to the facility in accordance with the procedures established by the facility. WHEREFORE, Plaintiff request that the court order Defendent to submit to genetic testing and to make the child(ren) avilable for genetic testing. I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that a false statement herein are made subject to the penalities of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. Date: April 2, 2007 Steven M chael Fry 301 Mor Road Frackville, Pa CC: File DRO Defendent Americans with Disablities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Amercians with Disabilities Act of 1990. For information about accessible faclities and reasonable accommodations available to disabled in- dividuals 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. Steven Michael Fry 301 Morea Road GX-4964 Frackville, Pa 17932 April 2, 2007 Cumberland County Domestic Relations Office 13 N. Hanover Street Carlisle, Pa 17013 RE: FRY V. KELLER Dear Office: Please find enclosed a ammended petition requesting paternity and genetic testing. Also enclosed you find find a additional copy for your office to for- ward to the Defendent in this matter. I am currently incarcerated in a State Facility in Frackville, Pennsylvania, and per this insitution they have advised me to have your office forward such documents to the opposing party. Such request is do to circumstances beyond my control. This is a insitutional policy. I have also forwarded a copy to the Cumberland County Bar Association located at 32 South Bedford Street Carlisle, Pa 17013 requesting assistance from that office in serving a copy of the petition to the Defendent. I have enclosed at the con- clusion of this letter the mailing address of the Defendent. Thank you for your time and understanding in this matter, please do not hesitate to contact me at the address listed above if there are any further questioning. Very truely yours, Steven Mict?el F7r SMF CC: rile DRO Defendent Bar Assc. Ms. Dawn Keller P.O. Box 338 Newville, Pa 17241 Steven Micael Fry GX-4964 301 Morea Road Frackville, Pa 17932 April 2, 2007 Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa 1701.3 RE: ASSISTANCE Dear Office: I contact your office in hopes of receiving assistance in the serving of the enclosed documents. I currently am a inmate in a State Correctional Facility seeking to have paternity and genetic testing done. I have compleated all the needed paperwork. In accordance with the State Correctional Facility I am in need of your office to help serve the documents. I am a indigent inmate without means of paying, this is way I filed as a pro se litigate. I have enclosed at the conclusion of this letter the address of the opposing party. I have also served the Domestic Relations Office copies of the documents. You will fimd also enclosed a copy of the letter which I forwarded to that office. Thank you for your time and understanding in this matter. Please do not hesitate to contact me at the address listed above. Very truely yours, 2t-U Steven SMF CC: File DRO Defendent Bar Assc. Ms. Dawn Keller P.O. Box 338 Newville, Pa 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y • COMMONWEALTH OF PENNSYLVANIA D0I4ESTIC RELATIONS SECTION 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY CIVIL CASE # (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) PATERNITY SERVICE FORM TO THE SHERIFF OF CUMBERLAND COUNTY: Kindly serve the attached Complaint, Summons, Petition, Affidavit pursuant to Rule 23 Pa. C.S. § 4343 on the Defendent at his/her residence located at P.O. Box 338 Newville, Pa 17241. Date:Aprill 2, 2007 CC: Plaintiff Defendent DRO Sheriff Steven Micha 301 Mo e Frackville, Page 62 of 76 n ° Sri cr3 ; ?- ca c=.? 1-- L ?- : . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C014KONWEALTH OF PENNSYLVANIA DOMESTIC RELATIONS SECTION 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) CIVIL CASE # PATERNITY PETITION AND AFFIDAVIT FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA.R.C.P. 240 Petitioner, Steven Michael Fry, respectfully request that this Honorable Court grant him leave in forma pauperis pursuant to Pennsylvania Rule of Civil Procedure 240. Steven Michael Fry states under the penalties provided by 18 Pa.C.S. § 4904 (concerning unsworn falsification to authorities) that: 1. I am the Plaintiff in the above action and because of my financial condition am unable to pay fees and costs or to give security therefore. 2. The following declaration relating to my ability to pay fees and costs is true and correct. (a) (1) I am an inmate at: The State Correctional Institution at Mahanoy 301 Morea Road Frackville, Pa 17932 (2) 1 am currently paid at the rate of .19?, per hour for 20 hours per week. r-I Cr . ?, .., , PAGE 1 J-B-2057 INMATE NAME NUMBER LAST GX4964 FRY BATCH DATE # NO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI STEVEN M TRANSACTION DESCRIPTION 07 -4.3a J 04-12-2007 2363 MAH OLD BALANCE .40 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 0 03-15-2007 82 TRANSFER OUT CAMP HILL 0 03-15-2007 81 TRANSFER IN MAHANOY 6171 04-02-2007 38 INSIDE PURCHASES PHOTOCOPIES/LIBRARY 3/30/07 -8.50 -8.10 9092 04-02-2007 10 INMATE EMPLOYMENT MAH PAYROLL 2007 - 03 GRP 1 8.64 .54 6183 04-03-2007 37 POSTAGE 4/3/07 -.24 .30 6183 04-03-2007 37 POSTAGE 4/3/07 -.24 .06 6183 04-03-2007 37 POSTAGE 4/3/07 -.48 -.42 6183 04-03-2007 37 POSTAGE 4/3/07 -1.83 -2.25 6183 04-03-2007 37 POSTAGE 4/3/07 -4.20 -6.45 6210 04-10-2007 37 POSTAGE 4/10/07 -.63 -7.08 NEW BALANCE AS OF THIS STATEMENT -------------------> -7.08 Steven Michael Fry Gx-4964 301 Morea Road Frackville, Pa 17932 April 18, 2007 Cumberland County Courthouse Office of the Prothonotary 1 Courthouse Square Carlisle, Pa 17013 RE: AFFIDAVIT OF WAGES Dear Prothonotary: Enclosed please find the requested information in which the Courts requested in a April 12, 2007, letter I received from your office. Also, enclosed please find the enclosed petition to be filed within your office. Please be advised that I have also enclosed the address to the Defendent in this matter for the Courts to serve any and all documents to that party. The address is as followed: Ms. Dawn R. Mellott/Keller P.O. Box 338 Newvilie, Pa 17241 Thank you for your time and understanding and do not hestitate to contact me at the address provided above in any further question(s) need to be addressed. Very truely yours, SMFv Michael Fry CC: File Prothonotary -n -Ism 0?-OZ321 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DOMESTIC RELATIONS OFFICE 9TH JUDICIAL DISTRICT APR 87 2007 0' STEVEN MICHAEL FRY CIVIL CASE # 4 '7- d 3 .z / C{;tiJ T. (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) PATERNITY ORDER OF COURT AND NOW, this day of 2007, it is hereby ordered that the applicant's Petition For Leave T Proceed In Forma Pauperis is GRANTED. PU .C?vt.7 l CC: Plaintiff Defendent DRO Prothonotary J. #.1 ZZ - ) Q N ?} APR 87 20DiMV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DOMESTIC RELATIONS SECTION 9TH JUDUCIAL DISTRICT O r^/?-?? STEVEN MICHAEL FRY CIVIL CASE # (PLAINTIFF) V. DAWN RANA KELLER (DEFENDENT) PATERNITY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SOLD IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the time of hearing listed below. If you fail to do so, the case may procede against you and a final order may be entered against yo grant'ng relief requested by the Plaintiff. A ?.?., l- -L to 12,e .6 d Defendent are directed to appear on the 24 - day of 200_?J! at -?. in courtroom for a hearing on the Plaintiffs request for genetic testing. If you fail to appear as ordered the court may enter a order in your absence requiring you and your child(ren) to submit to genetic testing. YOU SHOULD TARE 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 M 1?-- Steven Michael Fry : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATERNITY Dawn Rana Keller Defendant : NO. 07-2321 CIVIL TERM MOTION TO REDACT NOW COMES Defendant, by her attorneys, the Family Law Clinic and states the following: I. On Tuesday, May 29, 2007, Defendant filed Preliminary Objections in the above captioned matter. 2. The Preliminary Objections filed with the Court have attached exhibits which contain personal information regarding Defendant and three other individuals. 3. The information is not essential to the present action. 4. Plaintiff is unrepresented, therefore no concurrence of opposing counsel has been sought. 5. This case has been assigned to the Honorable Judge Hess. WHEREFORE, in the interest of privacy and to avoid publishing potentially sensitive information in the public record Defendant requests that this Honorable Court direct the Prothonotary to redact all social security numbers from Defendant's exhibits. DATE: ff/?? D W en Et Certified Legal Intern lk? ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 x . c,a is T t :94 Steven Michael Fry Plaintiff V. Dawn Rana Keller Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATERNITY : NO. 07-2321 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING NOW COMES the Defendant, Dawn Rana Keller, through her attorneys the Family Law Clinic, in the above captioned-matter and files the following Preliminary Objections in the nature of a demurrer pursuant to PA.R.C.P. 1028 and 1910.7. Plaintiff has failed to state a cause of action as follows: 1) Plaintiff has filed to establish paternity of Andrew Mellott and for genetic testing pursuant to 23 P.C.S.A. § 4343 which section is to determine the paternity of a child born out of wedlock. As Plaintiff acknowledges in paragraph 5 of his complaint, the child in question, Andrew Mellott, was born in wedlock. Defendant was married to someone other than Plaintiff, namely Mr. Jason Mellott Sr., at the time of conception and birth of the child in question. A true and correct copy of Andrew Mellott's birth certificate is attached as Defendant's Exhibit 1 and incorporated herein by reference. 2) Pursuant to PA.R.C.P. 1930.6(a) a cause of action to establish paternity and seek genetic testing "shall not be permitted if an order already has been entered as to the paternity, custody or support of the child". Paternity of Andrew Mellott, born August 16, 2000 has already been established under law and cannot be rebutted. There are several existing Orders of Court establishing Jason Mellott, Sr. as the father and ordering payments in support of his child, Andrew Mellott. Pursuant to 42 P.C.S.A. §6102 this honorable court should take judicial notice of the following orders entered by this court in regard to paternity and support of this child, attached hereto as exhibits (Defendant's Exhibits 2-5) and incorporated herein by reference. a) An Order of Court dated May 3, 2000, docketed under CP-21-JV-100- 2000, appointing Mr. Dirk Berry as counsel for the natural father of Andrew Mellott, Mr. Jason Mellott, Sr. (Defendant's Exhibit 2). b) Mr. Jason Mellott, Sr. has been recognized by this honorable Court as the father in dependency proceedings docketed at CP-21-JV-100-2000, in Order(s) of Court dated January 31, 2001, February 1, 2001, April 3, 2001, April 9, 2001, November 13, 2002, January 7, 2003, September 10, 2003, November 17, 2003, February 9, 2004, March 30, 2004, January 12, 2005 and April 11, 2005. Due to the highly confidential nature of the dependency proceedings exhibits are not amended hereto but are incorporated herein by reference. c) After Andrew Mellott was adjudicated dependent and placed in a permanent planned placement Cumberland County Children and Youth Services initiated a support action against his Father, Jason Mellott, Sr. for payment of support, (Defendant's Exhibit 3). d) Mr. Jason Mellott, Sr. has been recognized by this honorable Court, through Cumberland County Domestic Relations Office as Andrew Mellott's father in a Court Order dated May 7, 2002 (Defendants Exhibit 4) withholding wages and in an Order of Court dated April 20, 2004 (Defendant's Exhibit 5). Therefore a cause of action for paternity and to seek genetic testing cannot now be brought by Plaintiff, this action is not permitted under PA.R.C.P. 1930.6(a). 3) As Plaintiff cites in his complaint in paragraph 3, the child, born on August 16, 2000 is now 6 years 9 months old. Plaintiff is estopped from initiating this untimely action when paternity of Andrew Mellott has been established by both birth certificate and multiple court orders. 4) This honorable has scheduled a hearing in the above entitled matter on July 26, 2007 at 8:45 am in Courtroom Number 4 in front of the Honorable Judge Kevin A. Hess. WHEREFORE Defendant respectfully requests that the Court DISMISS Plaintiff's action with PREJUDICE. DATE :d 51? 4? #Intem ertifie d ROBE KT E. RAIN THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 Birth Certificate, Commonwealth of Pennsylvania Andrew Mellott, DOB August 16, 2000 DATE OF 08-16-2000 FILE 3787200-2000 °LED 08-21-2000 r I:? COUNTY OF BIRTH CUMBER 05- 07 NAME ANDREW DAV I I C f FATHERS NAME JASON MA OTt, 4 ?x MOTHERS MAIDS DAWN RANA i This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with Act 66, PI 304, approved by the General Assembly, June 29, 1953. I . Calvin B. Johnson, M.D., M.P.H. n105.105 Rev.6106 Frank Yeropoli Secretary of Health State Registrar 13971247 05125/2007 12:06 717-24?-1447 ATTORNEY DIRK BERRY IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-0100 J rvzNlLz IN THE MATTER OF JASON XNLLOTT, Jr.., May 29, 1994 A JUVENILE ORDER OF COURT PAGE 01161 AND NOW, this 3RD day of MAY, 2040, Dirk Berry, Esquire, is hereby court appointed to represent the juvenile's natural Father (Jason Mellott, Sr.) in the above-captioned matter. By the t, Edward E. Guido, Judge Cumberland County Children & Youth Dexry, Esquire or the Natural Father Probation 2,c/3-3639 :sld ,Zt IN THE COURT OF COMMON PLEAS OF ryL PLAINTIFF ?oan Ohi olhdf CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION -SUPPORT OF,C2? UlAIJxJ ?tlld+DEFENDANT : NO./ "f 00-,5e W3tfo2t* /No li?_ COMPLAINT FOR COUNTY SUPPORT TO THE HONORABLE JUDGES OF SAID COURT: 1. 2. 3. 4. 5. 6. 7. The Plaintiff in this action is Carolyn Moore who represents Cumberland County Children & Youth Services OBO Jason Mellott, Jr., and Andrew Mellott. The mother of the subject child(ren) is Dawn Mellott-Moppin, who resides at Lincoln Motel, room 09,145 Lincoln St., Carlisle, PA 17013. The father of the subject child is Jason Mellott, Sr., who resides at P.O. Boa 441, Shermansdale, PA 17090. The parents were married on 4/8/93 at Carlisle . Q The parents were separated in 3/02. o The parents were divorced on 11/26/02 in Carlisle. The children born to the parents are: ci NAME: *Jason Mellott, Jr., SS#: 204-74-5022 DOB: 5/29/94 Age: 9 Residence: Elizabeth Schlusser (paternal great grandmother) NAME: *Andrew Mellott SS#: 211-78-9678 DOB: 8/16/00 Age: 2 Residence: Elizabeth Schlusser (paternal great grandmother) M W CA) W w L 8. Of these children, the following named Jason Mellott, Jr., and Andrew Mellott was committed to the care and custody of Cumberland County Children and Youth Services on 215/04 by Order of the Juvenile Court. (Order attached). Placement Type: Kinship. IV-E Eligible: Yes or No 9. (a) The mother is employed by Pilot Gas/Fuel as a and earns $N/A per N/A. (b) The mother is not receiving Public Assistance in the amount of $ N/A per for (c) The mother is receiving the following additional income: $N/A per N/A from 10. (a) The father is employed by N/A as a N/A and earns $N/A per N/A. (b) The father is not receiving Public Assistance in the amount of S -per for (c) The father is receiving the following additional income: $ N/A per from N/A 11. The maximum amount of $49.84 per day is necessary for the support of the said child. Account # 04420-366-001 12. Additional information: * WHEREFORE, Plaintiff requests that an order be entered against the parent(s) and in favor of Cumberland County OBO the subject child(ren) for reasonable support. 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 unworn falsification to authorities. Dated: MAI, 0,2 Plaintiff *Cumberland Couf C1iMe -And Youth Services requests that all support orders entered on the above parent (s) be made retroactive to the date of this Complaint. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/06/02 Court/Case Number (See Addendum for case Employer/Withholder's Federal EIN Number KENMAR ENTERPRISE INC Employer/Withholder's Name 123 S PITT ST Employer/Withholder's Address CARLISLE PA 17013-3425 Employee/Obligor's Case Identifier ' (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 346.00 per month in current support $ 22. oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 368.00 per month to be forwarded to payee below. 0 You do not have to vary your pay cycle to be in compliance with the support order. if your pale doe? t match the ordered support payment cycle, use the following to determine how much to withhold: $ 84.92 per weekly pay period. $ 169.85 per biweekly pay period (every two weeks). $ 184. oo per semimonthly pay period (twice a month). 7S ;;I% $ 368.00 per monthly pay period. C) p REMITTANCE INFORMATION: O You must begin withholding no later than the first pay period occurring ten (10) working days after thedi of thisi Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: -SAY U 7 2002 1009 A4 Form EN-028 Service Type M OMB No.: 0970-0154 Worker I D $ IATT Expiration Date: 12/31/00 /' ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2317399290 EMPLOYEE'S/OBLIGOR'S NAME: _ MELLOTT, JASON M. EMPLOYEE'S CASE IDENTIFIER: 1564100020 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10 *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M Page 2 of 2 Form EN-028 Worker I D $ IATT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT OMB No.: 0970-0154 Expiration Date: 12/31/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MELLOTT, JASON M. PACKS Case Number 643100026 PACSES Case Number Plaintiff Name Plaintiff Name DAWN MELLOTT Docket Attachment Amount Docket Attachment Amount 324 S 97 $ 368.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB JASON. M. MELLOTT...JR 05/29/94. 141!3W ::. MLLC%'"I',< EkB.?tQO ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CUMBERLAND CO C&Y ) Order Number 150 S 2004 Plaintiff ) VS. ) PACSES Case Number 214106188 JASON M. MELLOTT ) Docket Number 00150 S 2004 Defendant ) Other State ID Number ORDER OF COURT (j) Final Q Interim 0 Modified AND NOW, 20TH DAY OF APRIL, 2004 based upon the Court's determination that the Payee's monthly net income is $ 0.0 0 and the Payor's monthly net income is $ 1, 3 3 6.9 6 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit THREE HUNDRED THREE AND 33/00 Dollars ($ 303.33 ) a month payable WEEKLY as follows: first payment due APRIL 2004 The effective date of the order is 02/05/04 . Arrears set at $ 8 05.00 as of APRIL 20, 2004 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name JASON M. MELLOTT JR ANDREW D. MELLOTT Birth Date 05/29/94 08/16/00 R-: IBM . -." y 20 Form OE-518 Service Type m Worker ID 21103 CUMBERLAND CO C&Y V. MELLOTT The defendant owes a total of $ 303.33 PACSES Case Number: 21410 618 8 per month payable WEEKLY ; $ 260.00 for current support and $ 43.33 for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amount/ $ 130.00 /M $130.00 /M $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $0-00 ! $ 0.00 / $0.00 ! $0.00 / $0.00 / $ 0.00 ! $ 0.00 ! $0.00 ! $ 0.00 ! $ 0.00 ! $0.00 ! $ 0.00 ! I =One Time B =Biweekly 2 =Bi-Monthly M =Monthly 5 =Semi-Annually S =Semi-Monthly A =Annually W =Weekly Debt Z = ien Bmefi CHILD SPT ALLOC JASON M. MELLOTT JR CHILD SPT ALLOC ANDREW D. MELLOTT Said money to be turned over by the Pa SCDU to: Q = Quarterly CUMBERLAND CO C&Y . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Service Type M Worker ID 21103 CUMBERLAND CO C&Y V. MELLOTT PACSES Case Number: 214106188 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 5o % by defendant and o o % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. 0 Defendant0 Plaintiff 0 Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the OPlaintiff 0 Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 5) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: 1. ORDER IS BELOW THE GUIDELINES DUE TO THE DEFENDANT HAVING TWO INFANT CHILDREN IN HIS HOUSEHOLD. 2. SHOULD MEDICAL INSURANCE BECOME AVAILABLE TO THE DEFENDANT AT A REASONABLE COST HE IS TO PROVIDE IT FOR HIS CHILDREN. Defendant shall pay the following fees: Fee Total F Fdon Pjw= F=F= == $ 25.00 for COURT COSTS Payable at $ 25.00 per ONE TIME $0.00 for Payable at $ 0.0 0 per $0.00 for Payable at $ 0 . o o per $0.00 for Payable at $ 0 . o 0 per $0.00 for Payable at $ 0.0 0 per Page 3 of 4 Form OE-518 Service Type M Worker ID 21103 CUMBERLAND CO COY V. MELLOTT PACSES Case Number: 214106188 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. L Copies delivered to parties * fy R 21 Date Consented: Plaintiff efendant DID: SALLY S. KREITZER defendant Plaintiff's Attorney Defendant's Attorney BY THE COUR : t Judge Page 4 of 4 Form OE-518 Service Type M Worker ID 21103 ? ? ..-t ?_.> ? '? ?? r ? _,? ' ?? _? \JI. 'i ? ^.? k ? ?.w ^ ? t . ..r '?'?? t... ', j? I X"..; ? l r {.,'r '? ?:-:: Steven Michael Fry : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATERNITY Dawn Rana Keller Defendant NO. 07-2321 CIVIL TERM MOTION TO REDACT NOW COMES Defendant, by her attorneys, the Family Law Clinic and states the following: 1. On Tuesday, May 29, 2007, Defendant filed Preliminary Objections in the above captioned matter. 2. The Preliminary Objections filed with the Court have attached exhibits which contain personal information regarding Defendant and three other individuals. 3. The information is not essential to the present action. 4. Plaintiff is unrepresented, therefore no concurrence of opposing counsel has been sought. 5. This case has been assigned to the Honorable Judge Hess. WHEREFORE, in the interest of privacy and to avoid publishing potentially sensitive information in the public record Defendant requests that this Honorable Court direct the Prothonotary to redact all social security numbers from Defendant's exhibits. oar E ,T? A. IAO? V4Vk1__0_ aay"A? 1,0 /4._1 w2ltv? W en Et Certified Legal Intern ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Su vising Attorneys ILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 /,/V? 717-243-2968 717-243-3639 !vim ?' Igplo7 c? N Ldl C ce) ? --T o K © u N A -s Steven M. Fry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW PATERNITY Dawn Rana Keller, Defendant NO. 07 - 2321 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy, Social Security numbers redacted, of the Defendant's Preliminary Objections to Complaint to Establish Paternity and for Genetic Testing, to Steven M. Fry an inmate currently incarcerated at SCI Mahanoy, Inmate # GX4964, residing at 301 Morea Road, Frackville, PA 17932, by depositing a copy of the same in the United States mail, certified mail delivery, on May 31, 2007. -1- CERTIFIED MAIL R ECEIPI C Ln (Domestic Mail Only; No Insurance Coverage Provided) Ln F d li i f ti i it i IU m or e very n orma o OFF n v s our webs ICIA te at www.usps.com L USLE" n F-Wae $ & / \` LP C3 Certified Fee . C3 Retum Rt= Fee H (Endorsement Required) I3 Ir Restricted Delivery Fee (Endorsement Required) M Total Postage & Fees $ 3 . p Sent To ° r,-, Sueet_ Mr , SLe uariMFr-y .._#.Gy_4_gE4...__------ orPoeoxNo. SLZ__liahana ---- acd--- Xa. za--Rd ----- 5ij; state: z?P44 Frackville PA 179 r` d ? n e ified L gal Intern 6 ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C o -A tr?rr, ?» IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONNEALTH OF PENNSYLVANIA 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY PLAINTIFF v DAWN RANA KELLER DEFENDENT CIVIL ACTION-LAW : PATERNITY NO. 07-2321 MOTION TO STRIKE PRELIMINARY OBJECTIONS AND COMES, Plaintiff, Steven Michael Fry, prose, respect- fully request this Honorable Court to strike Defendents Preliminary Objections and avers as follows: 1. Plaintiff filed a pro se complaint to establish pater- nity and for genetic testing pursuant to 23 Pa.C.S 4343 as indicated in paragraph 1 of Defendents Preliminary Objections: (I) Defendent states this is a section under law to determine paternity of a child born in/UK .ja of wedlock. There is no indication under this section that a party must file seperate petitions under this section to determine the paternity, nor does it indicate that Plaintiff` may not file under said section. 2. Paragraph 2 of Defendents objections states that the Plaintiff may not seek Paternity or genetic testing Pursuant to Pa.R.C.P. 1930.6(A), this rule governs the way a putative father must establish paternity but shall not be permitted if a order of Court has already been established concerning paternity, support or custody; (I) Putative father as defined in Barrons Diction- ary of Law is a person who has alledged to have fathered a child. (II) Alledged as defined in the Amercian Century Dictionary is defined as said to be but un- proven. (III) Mr. Jason Mellott Sr, said natural father of Andrew Mellott, has to the best of Plaintiffs knowledge not provided any genetic testing to prove he is the biological father of Andrew Mellott. 3. Paragraph 2 (a)(b) of Defendents objections state an order of court dated may 3, 2000, apponting Mr. Dirk Berry as counsel for the natural father of Andrew Mellott, and that Mr. Jason Mellott has been reconized as the father by the courts dependency proceedings at Docket CP-21-JV-100-2000: (I) Mr. Dirk Berry was not appointed in a order of court dated May 3, 2000, to represent Mr. Jason Mellott Sr in anyway with concerns to Andrew Mellott. (II) The order of court dated May 3, 2000, docketed at CP_ 21-JV-100-2000, was in the matter of Jason Mellott Jr. (See exibit A of Defendents objections) (III) Andrew Mellott was not born until August 16, 2000, clearly indicating that paragrapg 2(a)(b) of objections are not just and can not be justified. (IV) Order of courts dated as followed are all in the matter of Jason Mellott Jr: 1-31-01/2-1-01/4/3/01/4-9-01/11-13-02/ 1-7-03/10-10-03/11-17-03/2-9-04/3-30-04/1-12-05/4-11-05. 4. Plaintiff is proceeding pro se and has not been provided copies of these orders for his review. 5. Defendents exibit 3 at paragraph 5 indicate that the Defendent and Mr. Jason Mellott Sr did not seperate until March, 2002: (I) PLaintiff will be entering subpoenas to numerous people of the Cumberland County Community to establish that the Defendent and Mr. Jason Mellott Sr where seperated at least once prior to this date and that during this time is the time Plaintiff beleives that Andrew Mellott was conceived. 6. Defendent has notified Plaintiffs family in January, 2007, in- dicating that paternity testing was done between Mr. Jason Mellott' Sr and Andrew Mellott and that test provided a negitive result as to the paternity. Plaintiff will provide proof of this at the proper hearing and by certified affidavit. WHEREFORE, Plaintiff respectfully request that this Honor- able Court strike the Preliminary Objections of the Defendent and allow PLaintiff to state his matter at the proper hearijg which is set for July 26, 2007. I verify that the statements in the foregoing motion is true and correct to the best of my knowledge and behalf. A false statement is subject to the penatities of 18 PA.C.S.A 4904. j Date: Steven MIchael Fry 301 MOrea Road Frackville, Pa 17932 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONKEALTH OF PENNSYLVANIA 9TH JUDICIAL DISTRICT Steven Michael Fry Plaintiff V. DAWN RANA KELLER Defendent CIVIL ACTION-LAW Paternity NO. 07-2321 CERTIFICATE OF SERVICE I verify that the foregoing motion was provided and sent by first class United States Mail Service to the following parties: Cumberland County Courthouse Clerk of Courts Office 1 Courthouse Square Carlisle, Pa 17013 THe Family Law Clinic C/O Warren Eth 45 N. Pitt St Carlisle, Pa 17013 Date: Steven Michael Fry 301 Morea Road Frackville, Pa 17932 STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAWN RANA KELLER, DEFENDANT 07-2321 CIVIL TERM ORDER OF COURT AND NOW, this I OA day of June, 2007, plaintiff's complaint having been dismissed this date on a demurrer, the hearing scheduled for July 26, 2007, 1S CANCELLED. By the Edgar3. Bayley; even Michael Fry, GX-4964, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 ..? -4 egan Riesmeyer, Esquire Family Law Clinic For Defendant Court Administrator :sal ?-- "r r- r! cn _ LL- ?--? STEVEN MICHAEL FRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAWN RANA KELLER, DEFENDANT 07-2321 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this day of June, 2007, the preliminary objection in the form of a demurrer to plaintiffs complaint, IS GRANTED. Plaintiffs complaint IS DISMISSED. By the Edgar B. X ven Michael Fry, GX-4964, Pro se e SCI Mahanoy 301 Morea Road Frackville, PA 17932 Megan Riesmeyer, Esquire S Family Law Clinic For Defendant :sal , J. u.1 u O ' C CJ STEVEN MICHAEL FRY, PLAINTIFF V. DAWN RANA KELLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2321 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF'S COMPLAINT OPINION AND ORDER OF COURT Bayley, J., June 19, 2007:-- On April 27, 2007, Steven Michael Fry filed a complaint against Dawn Rana Keller to establish paternity and for genetic testing. He avers that he "believes that he may be the natural father" of Andrew Mellott, born August 16, 2000. He avers that the natural mother, Dawn Rana Keller, was married at the time Andrew was conceived, and: There has not been a determination by any court as to the paternity of the child(ren) in any other support, custody, or divorce, or any other action to the best of the Plaintiff's knowledge. Dawn Rana Keller filed preliminary objections in the form of a demurrer to the complaint in which she avers that she was married to Jason Mellott when Andrew was born. A copy of the birth certificate is attached in which Jason Mellott is designated the father. Defendant avers, by attaching a copy of the complaint she filed in this court at No. 150 of 2004, that she instituted an action for child support for Andrew against Jason Mellott.' A copy of a final order is attached for support for Andrew that was entered ' The complaint for child support sets forth that she and Jason Mellott were married on April 8, 1993, separated in March, 2002, and divorced on November 26, 2002. 07-2321 CIVIL TERM against Jason Mellott on April 20, 2004.2 The Domestic Relations Code at 23 Pa.C.S. Section 4343(c)(1), provides: Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child and the parties to submit to genetic tests. The domestic relations section shall obtain an additional genetic test upon the request and advance payment by any party who contests the initial test. Pa. Rule of Civil Procedure 1930.6(a), provides: Scope. This rule shall govern the procedure by which a putative father may initiate a civil action to establish paternity and seek genetic testing. Such an action shall not be permitted if an order already has been entered as to the paternity, custody or support of the child, or if a support or custody action to which the putative father is a party is pending. (Emphasis added.) Andrew Mellott, who is almost seven years old, was born during the wedlock of Dawn Keller and Jason Mellott. A support order was entered in this court over three years ago directing Jason Mellott to pay child support for Andrew. Steven Fry, as a putative father, is precluded from instituting this action to establish paternity and seek genetic testing pursuant to 1930.6(a). Accordingly, the demurrer of Dawn Keller to plaintiffs complaint will be granted. ORDER OF COURT AND NOW, this ' CIALON day of June, 2007, the preliminary objection in the form of a demurrer to plaintiffs complaint, IS GRANTED. Plaintiff's complaint IS DISMISSED. 2 We take judicial notice of that court order. -2- 07-2321 CIVIL TERM Steven Michael Fry, GX-4964, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 Megan Riesmeyer, Esquire Family Law Clinic For Defendant sal -3- ,Zit! `77 &Ut 611 & INIneIJ y21??6 Co nn mo,JIVA077-/ IfY t ?01,9j471 AltJal e# Am i %6 t1 CJ C- V. ??- 4tf) Al t 7-t! 76 1,4?41) ? J&,fl&ofj ' 7U AW, tT/?e,c??? s?T???iJ 7!l ?y, 1?4Jp'i ?u! /??4?u??i 7 110 W,U ?,1mOekgyk 111I???? ?? t'?e?,? -trpF?c ?u??u ? 7D 4- "' ? u,G cp yU, <75 -119oAl r-1*140(,a,477W) 1, :G 4-#) i74 /Al 7b?( A 6,04K /VIod )9NJ 6iMU&j( o/ M-v fili,kJO1,f -/ e'd.vb/ rre),? -o q, rE &LeO,lJt,l 7y ol• 74 fl??/pry AUDI &67- 16 -72u8 A-AjJ G Ae46, 6,A) c?-m9N0PUQLl 20 ( Inaeig,6 - o r/0 ,4 fA C? ?eUO E/t,hJ //I - r so m°R0 Ae flu v /116 PAGE 1 J-B-2057 INMATE NAME NUMBER LAST GX4964 FRY BATCH DATE # MO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI STEVEN M TRANSACTION DESCRIPTION 06-14-2007 2349 MAH OLD BALANCE 3.86 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 8135 05-15-2007 32 MAH COMMISSARY FOR 5/15/2007 -3.86 .00 9152 06-01-2007 10 INMATE EMPLOYMENT MAH PAYROLL 2007 - 05 GRP 1 13.75 13.75 9152 06-01-2007 50 ACT 84 TRANSACTION * 1101/06 06/01/07 -2.75 11.00 9152 06-01-2007 60 VCF DEDUCTION * 1101-06 06/01/07 -1.38 9.62 9152 06-01-2007 10 INMATE EMPLOYMENT MAH PAYROLL 2007 - 05 GRP 1 15.84 25.46 9152 06-01-2007 50 ACT 84 TRANSACTION 1101106 06/01/07 -3.17 22.29 9152 06-01-2007 60 VCF DEDUCTION 1101-06 06/01/07 -1.58 20.71 8156 06-05-2007 32 MAH COMMISSARY FOR 6/05/2007 -15.19 5.52 6351 06-12-2007 38 INSIDE PURCHASES VENDACARDS 6/4-6/9 -1.00 4.52 6351 06-12-2007 38 INSIDE PURCHASES VENDACARDS 6/4-6/9 -1.00 3.52 8163 06-12-2007 32 MAE COMMISSARY FOR 6/12/2007 -3.38 .14 NEW BALANCE AS OF THIS STATEMENT -------------------> .14 C-j cZj w O a C= CJ SHERIFF'S RETURN - REGULAR CASE NO: 2007-023 1 P COMMONWEALTH OF NNSYLVANIA: COUNTY OF CUMBER AND FRY STEVEN MICHAgL VS KELLER DAWN RANA SGT. BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland Count Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT & NOTICE was served upon KELLER DAWN RAN the DEFENDANT at 0900:00 HOURS, on the 17th day of May 2007 at CUMBERLAND C SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17 13 by handing to DAWN KELLER a true and attlsted copy of COMPLAINT & NOTICE together with and at the sam? time directing Her attention to the contents thereof. Sheriff's Cos s: Docketing Service Postage Surcharge v Sworn and Sub Gibed to before me this of So Answers: 18.00 6.72 .41 10.00 R. Thomas Kline .00 35.13 00/00/0000 By. day Lklputy She f A. D. ?I Lli r?_ r= } ???(l ori/C?/??l ON)/ AUr--,16 Aj--.?44? c7 14,69147-14( I / // / 'GJl ?v rC CD i 1 014fj?AElw4 . I / y??t/.4(j__ 70 -T '41n i Z)C) ..107' 11AVi IOWiCi 6 i ... __ ._ _____. ----- _..__T..t. a ft'JG : ??? l0_ d PAGE 1 J-B-2057 INMATE NAME NUMBER LAST GX4964 FRY BATCH DATE # MO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI STEVEN M TRANSACTION DESCRIPTION 07-02-2007 10 INMATE EMPLOYMENT 07-12-2007 2359 MAH OLD BALANCE .14 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION MAH PAYROLL 2007 - 06 GRP 1 13.75 13.89 07-02-2007 50 ACT 84 TRANSACTION * 1101/06 07/02/07 -2.75 11.14 07-02-2007 60 VCF DEDUCTION * 1101-06 07/02/07 -1.38 9.76 07-02-2007 10 INMATE EMPLOYMENT MAR PAYROLL 2007 - 06 GRP 1 15.12 24.88 07-02-2007 50 ACT 84 TRANSACTION * 1101106 07/02/07 -3.02 21.86 07-02-2007 60 VCF DEDUCTION 1101-06 07/02/07 -1.51 20.35 07-03-2007 32 MAH COMMISSARY FOR 7/03/2007 -19.27 1.08 07-11-2007 38 INSIDE PURCHASES VENDACARDS 7/2-7/5/07 -1.00 .08 NEW BALANCE AS OF THIS STATEMENT --------- ----------> .08 (`) J r7 Y J ^r;i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY CIVIL ACTION-LAW PLAINTIFF PATERNITY V. DAWN RANA KELLER DEFENDANT NO. 07-2321 NOTICE OF APPEAL Notice is hereby given that Steven Michael Fry, the Plaintiff above maned, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on June 19, 2007. This Order has been reduced to judgement and entered in the docket as evidenced by the attached copy of the docket entry. -7!3 Date: 07' 16 -b7 Steven Michael Fry 301 Morea Road Frackville, Pa 17932 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA 9TH JUDICIAL DISTRICT STEVEN MICHAEL FRY PLAINTIFF V. DAWN RANA KELLER DEFENDANT . CIVIL ACTION-LAW . PATERNITY NO. 07-2321 CERTIFICATE OF SERVICE I verify that the foregoing motion was provided and sent by first class United States Mail Service to the following parties: Cumberland County Courthouse Clerk of Courts Office 1 Courthouse Square Carlisle, Pa 17013 The Family Law Clinic 45 N. Pitt St. Carlisle, Pa 17013 Date: 07- 1$ -01 Steven Michael Fry 301 Morea Road Frackville, Pa 17932 PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2007-02321 FRY STEVEN MICHAEL (vs) KELLER DAWN RANA Reference No... Filed......... 4/23/2007 Case Tye.....: COMPLAINT p Time...... ..: 11:04 Judgmen t..... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments --- ---------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info FRY STEVEN MICHAEL PLAINTIFF PRO SE 301 MOREA ROAD FRACKVILLE PA 17932 KELLER DAWN RANA DEFENDANT P 0 BOX 338 NEWVILLE PA 17241 ******************************************************************************** * Date Entries ******************************************************************************** - FIRST ENTRY - 4/23/2007 COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING FILED BY PLFF ------------------------------------------------------------------- 4/23/2007 PETITION AND AFFIDAVIT FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA R C P 240 ------------------------------------------------------------------- 5/03/2007 ORDER OF COURT - 05-02-07 - IN RE: ORDERED THAT APPLICANT'S PETITION FOR LEAVE TO PROCEED IFP IS GRNATED - PLFF IS RELIEVED OF THE FILING FEE AND SERVICE FEE - BY EDGAR B BAYLEY J - COPY MAILED 05-03-07 ------------------------------------------------------------------- 5/03/2007 NOTICE OF HEARING AND ORDER - DEFTS ARE DIRECTED TO APPEAR AT HEARING 07-26-07 AT 8:45 AM IN CR 4 CUMB CO COURTHOUSE ON PLFF'S REQUEST FOR GENETIC TESTING - COURT ADMIN SHALL MAKE ARRANGEMNTS FOR PLFF TO TESTIFY BY VIDEO - BY EDGAR B BAYLEY J ------------------------------------------------------------------- 5/17/2007 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: KELLER DAWN RANA Address..: CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE Ctyy/St/ZB: CARLISLE, PA 17013 Hna To: DAWN KELLER Shf/D ty.: SGT. BRYAN WARD Date/ Time: 05/17/2007 0900:00 Costs....: $35.13 Pd By: 00/00/0000 ------------------------------------------------------------------- 5/29/2007 DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT TO ESTAABLISH PATERNITY AND FOR GENETIC TESTING - BY FAMILY LAW CLINIC ATTYS FOR DEFT ------------------------------------------------------------------- 5/30/2007 MOTION TO REDACT - THE DEFT'S PRELIMINARY OBJECTIONS DUE TO EXHIBITS CONTAINING PERSONAL INFORMAITON REGARDING DEFTS AND THREE OTHER INDIVIDUALS - FAMILY LAW CLINIC FOR DEFT ------------------------------------------------------------------- 5/30/2007 ORDER - 05-30-07 - IN RE: MOTION TO REDACT - THE DOCUMENTS HAVE ALREADY BEEN SCANNED SO THE WITHIN MOTION IS DENIED - BY EDGAR B BAYLEY J - 05-30-07 ------------------------------------------------------------------- 5/31/2007 CERTIFICATE OF SERVICE - SOCIAL SECURITY NUMBERS REDACTED OF DEFT'S PRELIMINARY OBJECTIONS TO COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING - BY FAMILY LAW CLINIC ATTY FOR DEFT ------------------------------------------------------------------- 6/13/2007 MOTION TO STRIKE PRELIMINARY OBJECTIONS - BY PLFF/PRO SE --------------------------------------------------------------- 6/20/2007 ORDER OF COURT - 06-19-07 - IN RE: PLFF'S COMPLAIINT HAVING-BEEN --- DISMISSED THIS DATE ON A DEMURRER - HEARING SCHEDULED 07-26-07 IS CANCELLED - BY EDGAR B BAYLEY J - COPIES MAILED 06-20-07 ------------------------------------------------------------------- 6/20/2007 ORDER OF COURT - 06-19-07 - IN RE: PRELIMINARY OBJECTION OF DEFT TO PLFF'S COMPLAINT - PRELIMINARY OBJECTION IN THE FORM OF A PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2007-02321 FRY STEVEN MICHAEL (vs) KELLER DAWN RANA Reference No... Filed......... 4/23/2007 Case Type...... COMPLAINT Time..... 11.04 Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: : H' her Crt 2.: DEMURRER TO PLFF'S COMPLAINT IS GRANTED - PLFF'S COMPLAINT IS DISMISSED - BY EDGAR B BAYLEY J - COPIES MAILED 06-20-07 ------------------------------------------------------------------- 6/22/2007 PETITION AND AFFIDAVIT FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA RCP 240 - BY STEVEN MICHAEL FRY PRO SE - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ .00 .00 .00 ******************************************************************************** * End of Case Information ******************************************************************************** ^a ? `. _ _1 . f__W i_t:;-TI STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAWN RANA KELLER, DEFENDANT 07-2321 CIVIL TERM ORDER OF COURT AND NOW, this b-\N-- day of August, 2007, IT IS ORDERED that Steven Michael Fry may proceed in forma pauperis on an appeal to the Superior Court of Pennsylvania from an order entered in this court on June 19, 2007. By the Edgar B. Bayley, J. even Michael Fry, GX-4964, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 gamily Law Clinic C/ 45 N. Pitt Street Carlisle, PA 17013 01 For Defendant / sal ?0 M LU u o COMMONWEALTH OF PENNSYLVANIA Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. August 9, 2007 Deputy Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 1369 MDA 2007 Steven Michael Fry, Appellant V. Dawn Rana Keller Dear Mr. Long: 100 Pine Street. Suite 400 Harrisbur¢. PA 17101 717-772-1294 www. superior. court. s tate. p a. us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary TP Enclosure 10:41 A.M. Appeal Docket Sheet Docket Number: 1369 MDA 2007 Superior Court of Pennsylvania Page 1 of 3 Aft August 9, 2007 Steven Michael Fry, Appellant v. Dawn Rana Keller Initiating Document: Notice of Appeal IFP Case Status: Active Case Processing Status: August 8, 2007 Awaiting Original Record Journal Number: Case Category: Domestic Relations CaseType: Paternity Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: August 23, 2007 Next Event Type: Original Record Received Next Event Due Date: October 9, 2007 8/9/2007 3023 10:41 A. M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1369 MDA 2007 Paqe 2 of 3 Z*;A August 9, 2007 COUNSEL INFORMATION Appellant Fry, Steven Michael Pro Se: ProSe Appoint Counsel Status: IFP Status: Pending Appellant Attorney Information: Attorney: Fry, Steven Michael Bar No.: Law Firm: Address: GX 4964, SCI Mahanoy 301 Morea Road Frackville, PA 17932 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Keller, Dawn Rana Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Law Clinic, Family Bar No.: Law Firm: Address: 45 N. Pitt St. Carlisle, PA 17013 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: June 19, 2007 Judicial District: 9 Date Documents Received: August 8, 2007 Date Notice of Appeal Filed: July 26, 2007 Order Type: Order Entered OTN: Judge: Bayley, Edgar B. President Judge Lower Court Docket No.: 07-2321 ORIGINAL RECORD CONTENTS 8/9/2007 3023 10:41 A.M. Appeal Docket Sheet Docket Number: 1369 MDA 2007 Superior Court of Pennsylvania Page 3 of 3 Z%ia August 9, 2007 Original Record Item Filed Date ContentlDescription Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By August 8, 2007 Notice of Appeal IFP Appellant Fry, Steven Michael "AWAITING PROOF OF SERVICE TO ALL PARTIES" August 9, 2007 Docketing Statement Exited (Civil) Middle District Filing Office 8/9/2007 3023 " ?''v- ?? f 'r C:?; ?' ? =_?,?. ? -T-t ,,,. ??, S`G S f ;? .... `?J ? r ' ? ?, " _? ?w.t __ t ? . "??Y.,i° ?? r ?,.?? " ??? ?? F v ? CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: STEVEN MICHAEL FRY VS. DAWN RANA ]KELLER 07-2321 CIVIL TERM 1369 MDA 2007 The documents comprising the record have been numbered from No.1 to 54, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 08/29/2007. Date Curtis Long, Prothonotary Regina K. Lebo, Deputy Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunt this 29 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Steven Michael Fry Plaintiff, and Dam Rana Keller Defendant , as the same remains of record before the said Court at No. 07-2321 of Civil Term, A. D. 19 . set my hand and affixed the seal of said Court d4y of. &J"t ?, A. D., W2007 Prothonotary 1, FACA B--5=Y President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that niri-i_ta R- Iona , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common PI_ e4s of §aid _County, was, at the time of so doing, and now is Prothonotary in and for said County of C11213erl-w in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judi a as a ewhere, and that the said record, certificate and attestation are in due form of law and in e by the pr o res t fudge Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Edgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set myy hand and affixed the seal of said Court this 29th day of Aucust A.D. 131x2007 & 46W A'V bt-f Prothonotary Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cumber and in the Commonwealth of Pennsylvania 1369 MDA 2007 to No. 2007-2321 Civil Term, 19 is contained the following: COPY OF ance DOCKET ENTRY STEVEN MICHAEL FRY VS. DAWN RANA KELLER **SEE CERTIFIED COPY OF DOCKET ENTRIES** i 0 z 0 T y O A U a ? a N w A ; U t A C s 0 a PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2007-02321 FRY STEVEN MICHAEL (vs) KELLER DAWN RANA Reference No... Time Fled ... ... 4/23/2004 Case Type.....: COMPLAINT Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1369MD 2007 Higher Crt 2.: General Index Attorney Info FRY STEVEN MICHAEL PLAINTIFF PRO SE. 301 MOREA ROAD FRACKVILLE PA 17932 KELLER DAWN RANA DEFENDANT P O BOX 338 NEWVILLE PA 17241 * Date Entries - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - v1 - 7 4/23/2007 COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING FILED BY PLFF ------------------------------------------------------------------- I- 4/23/2007 PETITION AND AFFIDAVIT FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA R C P 240 ------------------------------------------------------------------- 5/03/2007 ORDER OF COURT - 05-02-07 - IN RE: ORDERED THAT APPLICANT'S PETITION FOR LEAVE TO PROCEED IFP IS GRNATED - PLFF IS RELIEVED OF THE FILING FEE AND SERVICE FEE - BY EDGAR B BAYLEY J - COPY MAILED 05-03-07 -----E-R----- ------------------------------------ / 5/03/2007 NOTICE OF HEARING AND ORDDEFTS ARE DIRECTED TO APPEAR AT HEARING 07-26-07 AT 8:45 AM IN CR 4 CUMB CO COURTHOUSE ON PLFF'S REQUEST FOR GENETIC TESTING - COURT ADMIN SHALL MAKE ARRANGEMNTS FOR PLFF TO TESTIFY BY VIDEO - BY EDGAR B BAYLEY J FILED---- .------------------------------------- RE-T-U-R-N-E-D ---- /a 5j17/2007 S-H-E-R-I-F-F--1S--F-1-L-E --- Case Tye: COMPLAINT & NOTICE Ret Type.: Regular Litigan : KELLER DAWN RANA Add es : CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CtNt%Z DD: CARLISLE, PA 17013 Hndd To: AWN KELLER Shf/L)pty.: ffl $RYAN WARD Date ime: 17[2007 0900:00 Costs....: 13 Pd By: 00/00/0000 ------------------------------------------------------------------- -a7 5/29/2007 PEA'TEERNNITY'ANDR FOR PRELIMINARY OBJECTS BTESTINGS- TBYCFAMILYNLAWOCLINICBATTYS FOR DEFT -------------------------------------------------- a 5/30/2007 MOTION-TO-REDACT- - -THE-DEFT'S-PRELIMINARY-OBJECTIONS-DUE-TO -------- EXHIBITS CONTAINING PERSONAL INFORMAITON REGARDING DEFTS AND THREE OTHER INDIVIDUALS - FAMILY LAW CLINIC FOR DEFT ------------------------------------------------------------------- 29 5/30/2007 ORDER - 05-30-07 - IN RE: MOTION TO REDACT - THE DOCUMENTS HAVE ALREADY BEEN SCANNED SO THE WITHIN MOTION IS DENIED - BY EDGAR B BAYLEY J - 05-30-07 5/31/2007 CERTIFICATE OF SERVICE - SOCIAL SECURITY NUMBERS REDACTED OF DEFT'S PRELIMINARY OBJECTIONS TO COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING - BY FAMILY LAW CLINIC ATTY FOR DEFT ------------------------------------------------------------------- ?d 6/13/2007 MOTION-TO-STRIKE-PRELIMINARY OBJECTIONS - BY PLFF/PRO SE ------------------------------------------ 3 a 6/20/2007 ORDER OF COURT - 06-19-07 - IN RE: PLFF'S COMPLAIINT HAVING BEEN. DISMISSED THIS DATE ON A DEMURRER - HEARING SCHEDULED 07-26-07 IS CANCELLED - BY EDGAR B BAYLEY J - COPIES MAILED 06-20-07 ------------------------------------------------------------------- 33'.3 (i 6/20/2007 OPINION AND ORDER OF COURT - 06-19-07 - IN RE: PRELIMINARY OBJECTION OF DEFT TO PLFF'S COMPLAINT - PRELIMINARY OBJECTION IN PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2007-02321 FRY STEVEN MICHAEL (vs) KELLER DAWN RANA Reference No. Filed........: 4/23/2007 Case Te..... : COMPLAINT Time...... 111:04 Judgmeypnt...... 00 EXecution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------ Higher Crt 1.: 1369MDA2007 Higher Crt 2.: THE FORM OF A DEMURRER TO PLFF'S COMPLAINT IS GRANTED - PLFF'S COMPLAINT IS DISMISSED - BY EDGAR B BAYLEY J - COPIES MAILED 06-20-07 -------------------------------------------------- ,3 6/22/2007 PURSUANT AND AFFIDAVIT FOR LEAVE TOMIROCEEDFIN FORMA PAUPERIS------ TO RCP 240 - BY STEVEN PRO SE - --- ----- -- ------- -- ----- -------- - -- ------ yy yIo 7/26/2007 APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - BY STEVEN MICHALE FRY PLFF PRO SE ---------------------------------------------- ?/ 7/26/2007 NOTICE OF APPEAL - TO SUPERIOR COURT OF PENNSYLVANIA - BY STEVEN MICHAEL FRY PLFF PRO SE --------------=---------------------------------------------------- 8/06/2007 ORDER OF COURT - DATED 08-06-07 - IT IS ORDERED THAT STEVEN MICHAEL FRY MAY PROCEED IN FORMA PAUPERIS AN AN APPEAL TO THE SUPERIOR COURT OF PENNSYLVANIA FROM AN ORDER ENTERED IN THIS COURT ON 06-19-07 - BY EDGAR B BAYLEY J -COPIES MAILED 08-06-07 ------------------------------------------------------------------- ,j 8/10/2007 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1369 MDA 2007 --------------------------- ----------------------------------- 8/29/2007 NOTICE OF DOCKET ENTRIES MAILED TO STEVEN MICHAEL FRY PRO SE MEGAN RIESMEYER ESQ - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ .00 .00 .00 * End of Case Information TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal. of said Court at Carlisle, Pa. This ....(21...... day of..... ay .........., a4.RJ.. rN........11 eary.- Prothono Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. March 12, 2008 Deputy Prothonotary Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: S.M.F. v. D.R.K. No. 1369 MDA 2007 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772-1294 www.superior.court.state.pa.us Trial Court/Agency Dkt. Number: 07-2321 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Part August 30, 2007 1 Date of Remand of Record: APR 2 9 2W8 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. c r ';- -*I Jam . McCullough, Esq. Deputy Prothonotary Signature Date Printed Name C'3 = ^' e Tj r ` CD 14- Zl .JZI ?+: ° w A 1. S15030/08 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 S.M.F., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant V. D.R.K., No. 1369 MDA 2007 Appellee Appeal from the Order Entered June 20, 2007, in the Court of Common Pleas of Cumberland County No. 2007-2321 BEFORE: FORD ELLIOTT, P.J., ALLEN, and KELLY, JJ. MEMORANDUM: FILED: March 12, 2008 Appellant, S.M.F., appeals pro se from the June 20, 2007 order of the Court of Common Pleas of Cumberland County dismissing his complaint against Appellee, D.R.K., to establish paternity and for genetic testing of A.D.M., a male (D.O.B. 8/16/2000). We affirm. On April 23, 2007, Appellant filed a complaint against Appellee requesting genetic testing to establish paternity pursuant to 23 Pa.C.S. § 4343. Appellant averred that he may be the natural father of A.D.M. Complaint, Certified Record (C.R.), at 2. In addition, Appellant averred that Appellee was married to a man at the time A.D.M. was conceived, and that there has been no determination by any court "as to the paternity of the child(ren) in any other support, custody, or divorce, or any other action to the best of [Appellant's] knowledge." Id., at 2-3. On May 29, 2007, J. S15030/08 Appellee filed preliminary objections in the nature of a demurrer to the complaint. Appellee averred that she was married to J.M.M. at the time of A.D.M.'s birth, and that J.M.M. is the designated father on A.D.M.'s birth certificate.' Preliminary Objections, Exhibit 1, C.R., at 17. Appellee also averred that she instituted an action for child support against J.M.M., and that a final support order was entered against J.M.M. on April 20, 2004. Id., Exhibit 5, at 24. The trial court granted Appellee's preliminary objections in the nature of a demurrer and dismissed Appellant's complaint by order entered on June 20, 2007.. This pro se appeal followed on July 26, 2007.2 ' The record reveals that Appellee and J.M.M. were married on April 8, 1993, separated in March, 2002, and divorced on November 26, 2002. Preliminary Objections, Exhibit 3, C.R., at 19. 2 The record reveals that Appellant was incarcerated at the time he filed his notice of appeal. The notice of appeal appears to have been untimely filed; however, we deem the appeal timely pursuant to the prisoner mailbox rule. See Commonwealth v. Jones, 549 Pa. 58, 64, 700 A.2d 423, 426 (1997) (appeal by pro se prisoner deemed filed on date prisoner deposits appeal with prison authorities or places it in prison mailbox); see also Thomas v. Elash, 781 A.2d 170 (Pa. Super. 2001) (prisoner mailbox rule applies to all pro se legal filings by incarcerated litigants); Pa.R.A.P. 108(a)(1) (appeal period runs from date clerk of court serves order on appellant). Appellant wrote the date, July 18, 2007, on the notice of appeal and the accompanying certificate of service. Because the notice of appeal was filed approximately one week later, on July 26, 2007, we infer that Appellant mailed the notice of appeal on July 18, 2007, which was the twenty-eighth day from the date Appellant was served with the final order dismissing his complaint, thereby making it timely. Further, in the event Appellant has not demonstrated a timely appeal, we will not remand for an evidentiary hearing for Appellant to establish timeliness, as we conclude Appellant is not entitled to relief on the merits. See Thomas, supra (although facts concerning timeliness of notice of appeal were in dispute, remand is not necessary because the appellant is not entitled to relief on the merits). -2- J. S15030/08 The trial court did not direct Appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). Appellant raises the following issues on appeal: 1. DID THE LOWER COURT PROPERLY DISMISS THE APPELLANT'S MOTION AND HEARING AND ABUSE IT'S [sic] DISCRETION IN DOING SO, NOT ALLOWING APPELLANT TO ESTABLISH ARGUMENTS AT THE SCHEDULED HEARING AND FAILING TO ACKNOWLEDGE APPELLANT'S MOTION TO STRIKE PRELIMINARY OBJECTIONS? 2. WAS [sic] APPELLANT AND APPELLEE INVOLVED IN A RELATIONSHIP AT THE TIME APPELLEE WAS LEGALLY MARRIED, CONSTITUTING THAT THE APPELLEE WAS NOT IN A "INTACTED MARRIAGE" AT TIME OF CONCEPTION? Appellant's brief at 4. In reviewing an order granting preliminary objections in the nature of a demurrer, an appellate court's scope of review is plenary. When reviewing an order granting preliminary objections in the nature of a demurrer, an appellate court applies the same standard employed by the trial court: all material facts set forth in the complaint as well as all inferences reasonably deducible therefrom are admitted as true for the purposes of review. The question presented by the demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Where affirmance of the trial court's order sustaining preliminary objections would result in the dismissal of an action, we may do so only when the case is clear and free from doubt. To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred. Any doubt should be resolved by a refusal to sustain the objections. We review the trial court's decision for an abuse of discretion or an error of law. -3- 3. S15030/08 DeMary v. LaTrobe Printing and Publishing Co., 762 A.2d 758, 761 (Pa. Super. 2000) (internal citations and quotations omitted), appeal denied, 567 Pa. 725, 786 A.2d 988 (2001). Appellant filed this paternity action pursuant to 23 Pa.C.S.A. § 4343, which states, in pertinent part, "[w]here the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by the court in a civil action without a jury." 23 Pa.C.S.A. § 4343. Further, Pa.R.C.P. 1930.6 provides for the scope of paternity actions under section 4343. Rule 1930.6 states, in part, Rule 1930.6. Paternity Actions (a) Scope. This rule shall govern the procedure by which a putative father may initiate a civil action to establish paternity and seek genetic testing. Such an action shall not be permitted if an order already has been entered as to the paternity, custody or support of the child, or if a support or custody action to which the putative father is a party is pending. Pa.R.C.P. 1930.6. The trial court took judicial notice of the support order for A.D.M. entered against I.M.M. in 2004. As a result, pursuant to Rule 1930.6(a), the trial court concluded that Appellant is precluded from instituting a paternity action. See Trial Court Opinion, 6/19/07, at 2. We hold that the trial court did not abuse its discretion in granting Appellee's preliminary objections and dismissing Appellant's complaint pursuant to Rule 1930.6(a). The record indicates that A.D.M. was conceived and born during the marriage of Appellee and I.M.M. Thus, Appellant does not have a cause of action pursuant to 23 Pa.C.S.A. § 4343, which applies -4- 1. S15030/08 only to children born out of wedlock. The record further indicates that a support order for A.D.M. was entered against J.M.M. in 2004. Accordingly, because Pa.R.C.P. 1930(a) provides that a paternity action is not permitted if an order as to the support of the child has already been entered, the trial court did not err in dismissing Appellant's action. See 1 Pa.C.S.A. § 1921(b) ("[w]hen the words of the statute are clear and free from all ambiguity, the letter of it is not to be disregarded..."). Appellant's issues on appeal focus on whether the trial court erred in denying him the opportunity to challenge the presumption of J.M.M.'s paternity. See Appellant's brief at 10-11. Appellant cites a number of cases involving the law of presumptive paternity. Appellant's reliance on these cases is misplaced as they do not involve paternity actions brought pursuant to 23 Pa.C.S.A. § 4343 and Pa.R.C.P. 1930.6. As a result, we conclude that the law of presumptive paternity is irrelevant to the instant matter. Rather, we affirm the trial court's order because Appellant is not permitted to initiate a civil action under section 4343 because A.D.M. was not born out of wedlock, or to seek genetic testing pursuant to Rule 1930.6 because a child support order has already been entered. Accordingly, as the trial court did not commit an error of law or abuse its discretion, we affirm the order granting Appellee's preliminary objections and dismissing Appellant's action. Order affirmed. -5- J. S15030/08 Judgment Entered: c" uty Prothonotary March 12, 2008 Date: -6- ?`' 4 -? ??. ?, L.? ?. _ ir; ;1:.= t? -°;i ,_ . _ -r-- • ?, C`t a s?"y ? ? K CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: STEVEN MICHAEL FRY VS. DAWN RANA KELLER 07-2321 CIVIL TERM 1369 MDA 2007 • The documents comprising the record have been numbered from No.l to 54, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 08/29/2007 . Curtis~R. Long, Prothonotary I~eglila ii. LGt)O, l~G~U`ly An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature i e AUG 3 0 2007 MIDDLE