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HomeMy WebLinkAbout08-3464Cory Beard, Plaintiff V. Michael Beard and Sherri Riley, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08- 3 41, y CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of emancipation may be entered by the court. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Cory Beard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Michael Beard and Sherri Riley, Defendants : NO. 08- 3 V 6 y CIVIL TERM REQUEST FOR DECLARATORY JUDGMENT FOR EMANCIPATION Plaintiff, Cory Beard, by his attorneys, the Family Law Clinic, respectfully requests a declaratory judgment recognizing his emancipation from Defendants, his parents, for the reasons set forth herein: 1. Plaintiff is Cory Beard, who currently resides at 448 North Mountain Road, Newville, Cumberland County, PA 17241. He has lived there since birth. 2. Defendants are Plaintiff's biological parents, Michael Beard and Sherri Riley, who currently reside at 448 North Mountain Road, Newville, Cumberland County, PA 17241. Defendants have resided there for approximately 20 years. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff was born on July 23, 1991, and is currently sixteen years old. 5. Plaintiff is in the tenth grade, attending Cumberland Perry Vocational Technical School. He plans to finish his education there. 6. Plaintiff is the father of Sage Beard, born on December 28, 2007. The mother is Sarah St. Jean, also a minor. 7. Plaintiff wishes to have an active role in his son's life and wishes to live independently of Defendants because: a) Defendants have indicated an intention to keep Plaintiff from seeing him son and have prevented Plaintiff from spending time with his son. b) Defendants have taken away Plaintiff's automobile so that he is unable to see his son. C) Defendants have called the police on Plaintiff when he left their home to visit his son. 8. Plaintiff is currently employed. He works for Giant, for approximately twenty- five to thirty-two hours per week, at $7.90 per hour. 9. Plaintiff maintains his own health insurance through Gateway. 10. Plaintiff does his own grocery shopping. 11. If emancipated, Plaintiff will continue to reside at 448 North Mountain Road, Newville, Cumberland County, PA 17241. He will enter into a rental agreement with Defendants. 12. If emancipated, Plaintiff will put his bank account into his own name. 13. Upon emancipation, Plaintiff will obtain certain rights that he does not have now. He will have the right to his own earnings, the right to enter into contracts, and the right to be free from parental control. 14. Plaintiff understands that he will also lose certain rights, such as his right to support from Defendants. 15. No judge has previously been assigned to this matter. WHEREFORE, Plaintiff respectfully requests the court to enter a decree of emancipation. Lung Rebecca Fa mer Certified Legal Intern ti MEGA RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 • VERIFICATION 0 I verify that the statements made in the foregoing Request for Declaratory Judgment are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date-S-- I y -09 Plaintiff t _ C dry Beard n _ N C) " cca T7 4^? r7i r- r f `C . `? =: C71 f ?j? , J ? EJ Y "< Cory Beard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Michael Beard and Sherri Riley, Defendants : NO. 08- 3 y G f CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Cory Beard, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date (-P I ( , / uB r Angel B dley Certified Legal Intern MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 n t? N c o co C) '? ?T o t C,j f ti ?r '- rn i `'E i JlIM 0 A26i0M1 M? Cory Beard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW Michael Beard and Sherri Riley, Defendants : NO.08- 3Yc, y CIVIL TERM ORDER OF COURT AND NOW, this Id4day of 2008, upon consideration of the attached Request for Declaratory Judgment, ' pa . X,0 '-alternRertic, it is hereby ordered that a hearing in this matter is scheduled for the day of OF 6&,ZZ -el' 2008, at X 06 /`J M. in Courtroom Number -vaj 61 ' - before dL 9101?Lyielrln a - Ud4. BY THE COURT: ? ?? U1 ? r, ?, }.??P,•V ? ? ? ? ?d ? 14?ttt' g?DZ ??-??:?;?d ?Hl ? Cory Beard, Plaintiff V. Michael Beard and Sherri Riley, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW IN : NO. 08 - 3464 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Request for Declaratory Judgment for Emancipation and Order of Court on Sherri Riley, residing at 448 North Mountain Road, Newville, Pennsylvania 17241 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Sherri Riley, on or about the 18`x' day of June 2008 as evidenced by the attached green card. 1/l Angel Bradley Certified Legal Intern Anne c onald-Fox Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items,1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. i ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. F _f PS A. !J 11n .. .r ? Agent C. Date of Delivery D. Is delivery address different Worn item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ,Ef'Certiffed Mail ? Express Mail ? Registered `_?;M Return Receipt for Merchandise ? Insured Mail ? C.O.D. 1 Yes fleti. 102595-02-M-1 5W C`J ? ti Cory Beard, Plaintiff V. Michael Beard and Sherri Riley, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN : NO. 08 - 3464 CIVIL TERM MOTION TO DISMISS REQUEST FOR DECLARATORY JUDGMENT FOR EMANCIPATION Plaintiff, Cory Beard, by and through his attorneys, the Family Law Clinic, hereby requests that the Court dismiss the Request for Declaratory Judgment for Emancipation filed on June 6, 2008 in the above-captioned case, and dismiss this action. In support of his Motion, Plaintiff avers the following: 1. Plaintiff filed a Request for Declaratory Judgment for Emancipation with the Court on June 6, 2008. The Honorable Kevin A. Hess issued an order on June 12, 2008, scheduling the matter to be heard on August 8, 2008 at 3:00 p.m. 2. Plaintiff no longer wishes to pursue the Request for Declaratory Judgment for Emancipation for the following reasons: a. Defendants are no longer preventing Plaintiff from seeing his minor son, Sage Beard. b. Defendants have provided Plaintiff with transportation which allows him to see his son. 3. Defendants are not represented by counsel; therefore, concurrence pursuant to C.C.R.P 208.2 (d) was not sought. 4. The Honorable Judge Kevin A. Hess has been assigned to this matter. WHEREFORE, Plaintiff requests that the Court vacate the Order of Court of June 12, 2008 thereby canceling the hearing scheduled for August 8, 2008 at 3:00 p.m. Respectfully Submitted, 6Ange Bradley Certified Legal Intern Meg Riesmeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Motion are true and correct, to the best of my knowledge, information and belief. q-1-6q 1 ate o eard C1 r,, ;'.?. !" ?' ? ' ,_ i? ,? :? ?--a -_l. -,., /: i ? r, " ,„, _ j-. ? "" , ?_ . "-? r ;:...? C C.':. ' .C AUG G 4 ZUOa Cory Beard, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN Michael Beard and Sherri Riley, Defendants NO. 08 - 3464 CIVIL TERM ORDER OF COURT AND NOW, this r day of „- , 2008, upon Plaintiff s Motion to Dismiss Request for Declaratory Judgment for Emancipation, it is hereby ordered that the Request for Declaratory Judgment for Emancipation shall be dismissed and the hearing scheduled for 3:00 p.m. on August 8, 2008 before the Honorable Kevin A. Hess be cancelled. By the Court, The norable J. ,_ -_? r - Q?JU Ctn.! :I :.f'?.?.:.?? -- ,????