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HomeMy WebLinkAbout08-0574ALVINA R. FORTHNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Ljy, . 5S7 MARC J. MITCHELL, : CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ALVINA R. FORTHNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Of- 5 MARC J. MITCHELL, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Plaintiff is Alvina R. Forthner, an adult individual who resides at 523 N. 2°a Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 2. The Defendant is Marc J. Mitchell, an adult individual who resides at 32 Barnard Place, Elizabeth, New Jersey, 07208. 3. The Plaintiff is seeking a modification of a Custody Order of the following child: Name Date of Birth AAee Amira J. Mitchell 10/9/94 13 4. The child is presently in the physical custody of her Mother, who resides at the address above. The child was born in wedlock. 5. During the past two years the child has been in the physical custody of her mother in Pennsylvania and therefore, Pennsylvania courts has jurisdiction under 23 Pa. C.S.A.§5344. 6. The Mother of the child is Alvina R. Forthner, currently residing at 523 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. Her marital status is married. 7. The Father of the child is Marc J. Mitchell, currently residing at 32 Barnard Place, Elizabeth, New Jersey, 07208. 8. The relationship of the Plaintiff to the child is that of Mother. Plaintiff currently resides with her daughter, her current husband and her in-laws. 9. The relationship of the Defendant to the child is that of Father. Defendant currently resides with his current wife and child. Plaintiff obtained an Order of Custody docketed atNo. FM-H-00045396-A and issued by the Superior Court of New Jersey, Chancery Division, Family Part, Mercer County, on 6/4/97, attached as Exhibit A. Plaintiff obtained a Judgment docketed under No. 02-18239, Section DRS-1, dated 1110105, Civil District Court for the Parish of Orleans, State of Louisiana, Division C, attached as Exhibit B. Plaintiff has no information of the custody proceedings of the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary care giver of the child and has provided the child with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision of the child. C. Plaintiff can provide a stable and loving environment to the child. 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to confirm primary physical and shared legal custody of the child to the Plaintiff with partial physical custody to Defendant. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: I gq-OT VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: (dq&v EXHIBIT A Am i .0 fl UpERSOR:C . I. ? MERCER: 10LSD; -1997 ALVINA R. MITCHELL 319 Market Street, Apt. 3F' Trenton New Jersey 08611 ( 609) 394-3829 r re CLERK Attorney Pro Se touv'' ALVINA R. MITCHELL SUPERIOR COURT NEW.JERSk* CHANCERY DIVISiO -FAMILY PART Plaintiff, MERCER COUNTY"tj VS. DOCKET NO. FM-1Y 000453-96-A MARC J. MITCHELL Civil"&ction .,.y ... •IC i .f.'1 ^PI!t'd' 4'Trk.. p 1, '. .. t7h r •a r'n 7xn T„W { 9 T r y y f De ;?' :_. ?. Yem311 ?"1NIi JJ'Nl' O DTVb$CE •.?: r.u, aji { THIS MATTER having been opened to the Court by Alvina,R. Mitchell, pro se appearing on behalf of plaintiff, and Default having been duly entered against the defendant, Marc J. Mitchell, and the Court having:considered.thei Complaint and proofs, and' it appearing that' th"e plaintiff and tYe defendant ;;were married! on August 5, 1990 and the plaintiff having pleaded and proved 'a cause of action .for.''divorce:under the statute in'' such 'case made and provided, and ;the plaintiff having been a bona fide resident' of year nett preceding the commencement this state for'more than one of this action,' and?jUrisdiction having been.. acquired over the defendant pursuant to the rules governing the Court;, and .'or good cause shown; IT IS ON THIS DAY OF 1997; i d, j S 'F t • fii ORDERED that the marriage of the plaintiff, Alvina R. Mitchell and the defendant, Marc J.•Mitchell, be and the same',' is hereby dissolved; and IT IS FURTHER ORDERED That sole custody of the minor child, Amira J. Mitchell, born October 9, 1994, shall be with the plaintiff; and ??. IT ISI?FURTHER,'O EREDr'I'Yia" "th plaintiff bp'" permitted to resume her maiden name.of.Alvina R. Martin, Social Security Number 157-6.8-5151 and Date 'of Birth September 21, 1,9681. a GG ` J.S.C. " S A. DELEHEY, J.S.C. • p t II 1 EXHIBIT B 0 CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO. 02-18239 DIVISION "C" SECTION DRS-1 ALVINA R. MITCHELL VERSUS MARC J. MITCHELL JUDGMENT This matter came for hearing on Motion to Modify Visitation filed herein on behalf of Marc J. Mitchell. Present: Alvina R. Mitchell, pro se Dennis Moore, attorney for/and Marc J. Mitchell After considering the pleadings, the evidence, and the law and further considering the best interests of the child: IT IS ORDERED, ADJUDGED AND DECREED that Marc J. Mitchell's scheduled holiday visitation with his minor child, Amira J. Mitchell, shall commence (on or after 9:00 a.m.) on the day following Amira J. Mitchell's dismissal from school for the particular holiday and further Marc J. Mitchell's scheduled holiday visitation shall end on or before 4:00 p.m. on the day prior to Amira J. Mitchell's return to school following the particular holiday. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each party shall provide to the other party a current e-mail address. The parties shall communicate with each other via e-mail and arrange an itinerary for any scheduled visitation, including how, when, and where the exchange will take place, at least ten (10) days prior to the scheduled visitation. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Alvina R. Mitchell shall furnish to Marc J. Mitchell by e-mail a school schedule, and any amendments to that school schedule, as soon as they become available. JUDGMENT READ, RENDERED AND SIGNED-1 New Orleans, Louisiana, thisPh day of January, 2005. leM ? Q 7t1p5 4? `?? a nr aAEk;iib JUDGE SID Y H. CAT S, IV 7 '?1 1. -? r lT?t.i!?,? rt?,rk A TRUE P D CLERIVGIVIL. IC 1 PARISH OF ORLEANS STATE OF LA. ALVINA R. FORTHNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MARC J. MITCHELL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE ?j AND NOW, this r?i day of , 2008, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Es uire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Marc J. Mitchell 32 Barnard Place Elizabeth, NJ 07208 By 4earine A. Frey -6? '_ say ? ( ?'?? ? ? 1 '? j -r a n., ? ? ?-%? ti T- } ,, . .., - . _. -:3 ALVINA R. FORTHNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-0574 CIVIL ACTION LAW MARC J. MITCHELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January. 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February. 28, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 oo ? ?' AINV) S :01 WV O£ NVT O0@Z ,kUViONitHiQUd 3 dfl 3D1:Lqo-uTiH CEEB S 8 2008 tf /? ALVINA R. FORTHNER, Plaintiff V. MARC J. MITCHELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0574 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 3 day of K OrG? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The custody provisions of the prior Orders of Court dated June 4, 1997 and January 10, 2005 are hereby vacated. 2. The Mother, Alvina R. Forthner and the Father, Marc J. Mitchell, shall have shared legal custody of Amira J. Mitchell, born October 9, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as agreed by the parties with guidance by the child's counselor. 5. Neither parry may partake in alcohol or illegal drugs immediately before or during their period of physical custody. The parties shall assure, to the extent possible, that other household members and/or guests comply with this prohibition. 6. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 7. Both parties shall refrain from making derogatory comments about the other party in the presence of the minor child. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 'v\ cc. arianne E. Rudebusch, Esquire, Counsel for Mother rc J. Mitchell, pro se 32 Barnard Place Elizabeth, New Jersey 07208 ? IIT, %YLbA LCC( 3/K1 C) E3 /S 1 n ??*ui t. Jf HUR 1; ALVINA R. FORTHNER, Plaintiff V. MARC J. MITCHELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0574 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amira J. Mitchell October 9, 1994 Mother 2. A Conciliation Conference was held in this matter on February 28, 2008, with the following in attendance: The Mother, Alvina R. Forthner, with her counsel, Marianne E. Rudebusch, Esquire, and the Father, Marc J. Mitchell, pro se, by telephone. 3. Prior Orders of Court were entered by Judge Charles A. Delehey in the Superior Court of New Jersey, Mercer County dated June 4, 1997 and by Judge Sidney H. Cates, IV of the Parish of Orleans of the State of Louisiana dated January 10, 2005 providing for Mother to have primary physical custody of the child. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator