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HomeMy WebLinkAbout09-6415CLo5i--oy ASHLEY TAYLOR, :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA V. :PERRY COUNTY BRANCH CHAD FOSTER :NO. FC 2009-38 ORDER AND NOW, August 20, 2009, the Plaintiff having no objection to the transfer of this matter to Cumberland County from Perry County, the request for TRANSFER is hereby GRANTED. The Prothonotary of Perry County is therefore DIRECTED to TRANSFER this entire matter to the Prothonotary of Cumberland County. BY THE COURT, KAT A. MOROW, P.J. cc: Ashley Taylor, pro se Nathan Wolfe, Esq. Prothonotary File `a Ivi a r _. £?, .£ wa ?z anti Boaz IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA OFFICE OF PROTHONOTARY FC 2009-38 ASHLEY TAYLOR, plaintiff vs CHAD FOSTER, defendant CERTIFICATION OF DOCKET ENTRIES I, BRENDA J. ALBRIGHT, PROTHONOTARY OF THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA, DO HEREBY CERTIFY THAT THE FOLLOWING IS A TRUE, CORRECT AND FULL COPY OF THE DOCKET ENTRIES IN THE ABOVE CAPTIONED CASE. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL OF THE SAID COURT ON THE 27TH DAY OF AUGUST, A.D. 2009 BREND ZJIGHT, PROTHORJ ! ARY BY RUTH HOWER, DEPUTY Date: 8127/2009 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 09:47 AM Complete Case History Page 1 of 2 Case: FC-FC-2009-00038 ASHLEY TAYLOR vs. CHAD FOSTER Filed: 2/17/2009 Subtype: FAMILY CUSTODY Physical File: Y Appealed: N Comment: TRANSFERRED TO CUMBERLAND COUNTY Status History Pending 2/17/2009 TRANFERRED 8/20/2009 Judge History Date Judge Reason for Removal 2/17/2009 MORROW, KATHY A. Current Payments Receipt Date Type Amount TAYLOR, ASHLEY (plaintiff) 34586 2/17/2009 Civil Filing 0.00 Total 0.00 Plaintiff Name: TAYLOR, ASHLEY SSN: Address: 167 Mallory Blvd DOB: New Bloomfield PA 17068 Sex: Phone: Home: (717) 713-9579 Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys PROSSER, KEVIN E. ESQ (No longer on case) Do Not Send Notices } Defendant n . o Q Name: FOSTER, CHAD SSN: Address: 151 N. HANOVER STREET DOB: c CARLISLE PA 17013 Sex: Phone: Home: Work: W W a. Employer: Send notices: Y r- Litigant Type: w aa.. Comment: U W Attorneys WOLF, NATHAN C ESQ (Primary attorney) Send Notices Hearings From To Judge Type 3/10/2009 08:30 AM MORROW, KATHY A. CUSTODY CONFERENCE Register of Actions 2/17/2009 Petition to Proceed In Forma Pauperis with MORROW, KATHY A. Complaint for Custody, filed. Exit to Judge with proposed custody complaint. Filing: New Complaint Custody Paid by: MORROW, KATHY A. TAYLOR, ASHLEY (plaintiff) Receipt number: 0034586 Dated: 2/17/2009 Amount: $.00 (Cash) For: TAYLOR, ASHLEY (plaintiff) Date: 8/27/2009 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 09:47 AM Complete Case History Page 2 of 2 Case: FC-FC-2009-00038 ASHLEY TAYLOR vs. CHAD FOSTER Register of Actions 2/23/2009 Order dated 02/20/09 (IFP) filed. Exit to MORROW, KATHY A. file. Complaint for Custody and proposed MORROW, KATHY A. scheduling Order filed . Exit to Court Administration for scheduling. 2/24/2009 Order dated _02/24/09 filed. Hearing MORROW, KATHY A. scheduled. Exit cc to plaintiff/petitioner for distribution, file. (CUSTODY CONFERENCE 03/10/2009 08:30 AM) 3/16/2009 Order dated 03/16/09 filed. Exit cc to MORROW, KATHY A. parties on distribution, file. 4/7/2009 Continuing Education Certificate certifying UNASSIGNED, that CHAD FOSTER has completed EDUCATION PROGRAM FOR SEPARATED PARENTS, filed, file. 4/29/2009 MOTION FOR CHANGE OF VENUE AND MORROW, KATHY A. ORDER OF COURT FILED. EXIT ORIGINAL TO JUDGE 5/5/2009 Motion to Withdraw and proposed Rule to MORROW, KATHY A. Show Cause filed. Exit to Judge. 5/7/2009 Rule to Show Cause Dated 5/6/2009 MORROW, KATHY A. signed by Judge Morrow 5/11/2009 Certificate of Service filed. Exit is copy to MORROW, KATHY A. atty, file. 5/26/2009 Order dated 5/6/2009 filed. Exit cc to MORROW, KATHY A. parties on distribution, file. 5/27/2009 Order dated 5/27/2009 filed. Exit cc to MORROW KATHY A. a parties on distribution, file. , 0 F<- 7/15/2009 Motion to Make Rule Absolute and MORROW, KATHY A. 0 C proposed Order filed. Exit to Judge with : G file. 7/22/2009 Praecipe to Withdraw filed. Exit is to atty, MORROW, KATHY A. ¢ 0 file. n 0 ?9 a. 7/29/2009 Order dated 7/24/09 filed. Exit cc to MORROW, KATHY A. parties on distribution, file. 8/5/2009 Certificate of Service filed. Exit is copy to UNASSIGNED, W W a V p atty, file. 8/14/2009 Note from Ashley D. Taylor dated 08/14/09 MORROW, KATHY A. regarding change of venue. Exit to judge. 8/24/2009 Order dated 08/20/09 filed. Exit cc to MORROW, KATHY A. parties on distribution, file. 8/27/2009 Exit exemplified record to Prothonotary of MORROW, KATHY A. Cumberland County, file. File exit to Prothonotary of Cumberland MORROW, KATHY A. County. 1 \ IAA C?c? M.?G?teY T CUMW1lln o? t?r?,ly art FC - 2cxSl - 38 nL dD)CC-t 10 -Th( c ?.? ? ve yue ? U?Dirf or?cl cw.r?y (?. ??s Case of Male?? Lct FoS-?er, 5 y ears okl. Cu-Ifn -)a-\j lOY Q ° n rn . ?, Q ? ? ?„r•' a 3 :Tt r i .} V7 "'P a co lw? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : 41sT JUDICIAL DISTRICT OF PENNSYLVANIA : PERRY COUNTY BRANCH V. NO. FC 2009-38 CHAD FOSTER, , Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Nicole H. Mau, assistant to Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the defendant's Motion for Change of Venue with proposed order, the Court's Order of May 6, 2009 issuing a Rule upon the Plaintiff to show cause and the Court's Order of July 24, 2009 to the below-listed persons via first class mail addressed as follows: Ashley Taylor 167 Mallory Boulevard New Bloomfield, PA 17068 Dated: August 4, 2009 WOLF & WOLF By: Nicole H. Mau Assistant to Nathan C. Wolf, Esgwire Counsel for Defendant N x,. C 3 mc, c rn i -- o NATHAN C. WOLF PHONE 717-241-4436 WOLF & WOLF ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 wolfandwolf(c),embarclmail com STACY B. WOLF FACSIMILE 717-241-4437 August 4, 2009 Brenda Albright, Prothonotary Perry County Court of Common Pleas Center Square P.O. Box 325 New Bloomfield, PA 17068-0325 Re: Taylor v. Foster (Custody) Docket No.: FC-2009-38 Dear Ms. Albright: Enclosed, for filing, please find an original and two copies of the Certificate of Service in the above-referenced matter. Please return one time-stamped copy to me in the enclosed self-addressed stamped envelope and kindly provide the other copy to judge Morrow. Thank you for your time and assistance in this matter. Very truly yours, Nathan W Enclosures c cc: Ashley Taylor (w/enc.) Chad M. Foster (w/enc.) rT v? C= --? en e o IN THE COURT OF COMMON PLEAS OF THE 41 IT JUDICIAL DISTRICT PERRY COUNTY BRANCH, PENNSYLVANIA ASHLEY TAYLOR, Plaintiff ; V. No. FC-2009-38 CHAD FOSTER, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO WITHDRAW Please withdraw my appearance on behalf of the plaintiff, Ashley Taylor, per the Court's Order of May 27, 2009. Respect y Submitted: evin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 c.c.. Nathan C. Wolf, Esquire Ashley Taylor, pro se O C 7 p N 2 W N i - Q N .Ia NATHAN Q WOLF, ESQUIRE ATTORNEY M NO. 87M WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH S'T'REET CARLISLB PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff' : 4P JUDICIAL DISTRICT OF PENNSYLVANIA : PERRY COUNTY BRANCH V. NO. FC 2809-38 CHAD FOSTER, Defendant IN CUSTODY I, Nicole H. Mau, assistant to Nathan C Wolf, Esquire, hereby certify that I malted a true and correct copy of the defendant's Motion for Change of Venue with proposed order, the Court's Order of May 6, 2009 issuing a Rule upon the Plaintiff to show cause and the Court's Order of July 24, 2009 to the below-listed persons via first class mail addressed as follows: Ashley Taylor 167 Mallory Boulevard New Bloomfield, PA 17068 WOLF & WOLF Dated: August 4, 2009 By: Aoow-- Nilcole H. Mau Assistant to Nathan C. Wolf, EsTsft Counsel for Defendant o 0 3 C3 rn c? ?- -=i 71o r i <-1 i C.3 CD ;? v Z -d U O i rl Q r? WOIX&WOLF ATTORNEYS AT LAW NATHAN C. WOLF 10 WEST HIGH STREET CARLISi E, PEMSYi VANIA 17013 PHONE wolfandwo emb mail com 717-241-4436 August 4, 2009 Brenda Albright, Prothonotary Perry County Court of Common Pleas Center Square P.O. Box 325 New Bloomfield, PA 17068-0325 Re: Taylor v. Foster (Custody) Docket No.: FC-2009-38 Dear Ms. Albright: STAGY B. WOLF FACSIMILE 717-241-4437 Enclosed, for fihng, please find an ongmal and two copies of the Certificate of Service in the above-referenced matter Please return one time-stamped copy to me in the enclosed self-addressed stamped envelope and kindly provide the other copy to judge Morrow. Thank you for your time and assistance in this matter. Very truly yours, Nathan Enclwures 3 cc: Ashley Tsybr (w/enc.) M c C --1 Chad M. Footer (w/enc.) zn c? --4 ! C)X Ln C7 C3x ---I C--. M, r4i w? Q -7 r ? A D M I T T E 0 TO _ :. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT 2009 APR 29 AM 10: 11 1 11Sii r cu U Ili f ;! ASHLEY TAYLOR, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : 41sT JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH V. NO. FC 2009-38 CHAD FOSTER, Defendant IN CUSTODY MOTION FOR CHANGE OF VENUE AND NOW comes the Defendant, Clad Foster, by his attorney, Nathan C. Wolf, Esquire, and files this motion for change of venue respectfully representing as follows: 1. The Plaintiff is Ashley Taylor, an adult individual whose last known address was 135 Weaver M1ll Road, Loysville, Perry County, Pennsylvania 17047. 2. The Defendant is Chad M. Foster, an adult individual residing at 151 North Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child born out of wedlock, namely: Maleki Lee Foster, born June 23, 2004. 4. The instant action was filed by Mother (acting prose) on or about February 23, 2009. 5. The complaint was not served upon Father until the morning of March 10, 2009, at which time Father had appeared at the Perry County Courthouse for the purposes of a pre-trial conference before the Court. 6. Father had learned of the conference on or about March 9, 2009, from the child's paternal grandmother who had been contacted on the telephone by the Plaintiff on or about March 9, 2009. 7. Father was without sufficient time to engage the services of counsel to represent him at the conference and thus appeared pm Ye before the Court. 8. Mother appeared at the pre-trial conference on March 10, 2009 and, at that time, upon information and belief, retained the services of Kevin Prosser, Esquire. 9. Mother was notified of the directive to attend the education program for separating parents within sixty days of service the scheduling order issued February 24, 2009 and was also informed by the Prothonotary, in person, on February 4, 2009. (A true and correct copy of the Order is attached hereto as exhibit "A") 10. As of the time of this filing, the Court has not yet received notification that Mother has registered or attended the education program for separating parents and more than sixty days have now passed since the issuance of the Order and Directive. 11. Father attended and completed the program on March 25, 2009, and the Court received notification of the same on or about April 7, 2009. 12. Father is seeking to change venue, pursuant to the provisions of PaRC.P. 1915.2, to the Court of Common Pleas of Cumberland County, which has been the child's home county for more than six months before and at the commencement of the instant proceeding, and because the child resides in Cumberland County with Father, the primary physical custodian. 13. At the time of the commencement of the instant action, in her complaint Mother identified her address as 56 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, 17015, and Father's address as High Street, Carlisle, Pennsylvania 17013. 14. Father's correct address at the time of the filing of the complaint was 151 North Hanover Street, Apartment 2, Carlisle, Pennsylvania, 17013. 15. Father has resided at the same address since December 2006. 16. On or about July 22, 2008, Perry County Children and Youth Services, in the person of Megan Radel, contacted Father and informed him that Mother had been incarcerated in New Jersey and that if he did not assume custody of the child, that the child would be placed in foster care services. 17. On the same day, Father assumed custody of the child and has had custody of the child continuously, at the same residence in Carlisle, Cumberland County for approximately seven months prior to the filing of Mother's complaint. 18. Because Mother's complaint represents the fast formal custody proceeding, it is submitted that Cumberland County meets the definition of "home county" set forth in Pa.RC.P. 1915.1 "Definitions." 19. As Cumberland County would be the child's "home county" for the purposes of Venue, it is respectfully submitted that the action should have been filed in Cumberland County initially. 20. The Court of Common Pleas of Cumberland County is in a better position to determine the welfare of the child and would be best active in his future welfare because Father has a significant connection with the county and there is substantial evidence concerning the child's present and future care, protection, training and personal relationships. 21. Father has been gainfully employed in Cumberland County with the same employer since January 2006. 22. By contrast, Mother's employment and residence are, at best, transient, and she has maintained addresses in both Cumberland County and Perry County during the child's life. 23. At the time of the conference on March 10, 2009, the Court entertained a discussion with the parties as to the status of Mother's request for custody and visitation and the Court entered an Order directing the parties to communicate concerning appropriate adults to supervise visitation by Mother within 10 days. (A true and correct copy of the Order issued March 16, 2009 is attached hereto as exhibit "B") 24. Father retained the undersigned following the pre-trial conference, and the undersigned thereafter made multiple attempts to contact counsel for the Plaintiff beginning March 16, 2009, finally reaching Attorney Prosser on March 26, 2009. 25. Attorney Prosser informed the undersigned that he was scheduled to meet with Mother on or about March 30, 2009, and that he would communicate with the undersigned thereafter. 26. Father, through counsel, informed Attorney Prosser that Father had attempted to investigate three (3) organizations to serve as custody supervisors, without success but that the child's paternal grandmother was willing to act as a supervisor for visits. 27. Neither Mother, nor Mother's counsel has communications with Father or his counsel since March 26, 2009. 28. Because the Court of Common Pleas of the 41n Judicial District, Perry County Branch, has had little involvement in this custody action, it is respectfully submitted that no prejudice would be suffered by Mother if the matter was transferred to Cumberland County. 29. However, change of venue to Cumberland County would be more convenient for the parties and witnesses. 30. For the reasons stated herein, Father respectfully submits that the best interests of the child would be served by this Court changing the venue to Cumberland County. 31. During the telephone call between counsel on March 26, 2009, the undersigned indicated to Attorney Prosser of the Defendant's intent to file the instant motion, and Attorney Prosser indicated he would not concur in the relief requested. WHEREFORE, Defendant, Chad M. Foster, prays this Honorable Court enter an Order directing that venue be changed to Cumberland County, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, Dated: April, 2009 WOLF & WOLF, Attorneys at Law 3 o --? C= w 3C cw> N rn N an . Wolf, Esquire a a High Street 7,0 PA 17013 =-'se. -c ' Supreme Court I.D. No. 87380 -V (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Dated: April OF) 2009 Chad M. Foster v rT1 c::, -v --? C ?s M D am .': c fop. C) 4 (7) 7 -o T Ic- IN THE COU RT OF COMMON PLEAS VS OF THE 41 ST JUDICIAL DISTRICT . OF PENNSYLVANIA -/ / C?L?aT,? r PERRY COUNTY RAN H NO. fe ? ? N > iTl c;•. 'Tt -[ ORDER OF COURT rv cz? ° You, - '- efenda ) (respondent), have been sued i', court to, (OBTAIN) (MODIFY custod ., partial custody or visitation of the child(ren): I???? l1 ? )? `(C You are ordered to appear in person at the PERRY County Courthouse, New Bloomfield, Pa. on--T-t.4-c,,, ?- e •7.r,"'' , at. r ( ay and Date) , (Time) &M. for ? a conciliation or mediation conference. Xa pretrial conference. ? a hearing before the court. The Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $50.00 to the Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Pena State, University Park, PA 16802-7009. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. Jl?ld?UIJUr;1a?{d A md3a I of 2 Adao 3n1 4-L H a3!1!! H3a .,. P- G rte! try f i>?/7 IT YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO E NOT SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. H OFFICE Lawyers' Referral Service ' 100 South Street ®r Mid Penn Legal Services PO Box 186 213 N. Front Street Harrisburg PA 17108 Harrisburg PA 17101 1-800-692-7375 1-800-932-0356 AMERICANS WITH DISABILITIES ACT OF 1990 Americans with Disabilities Act of 1990. The Court of Common Pleas of PERRY County is required by law to comply with the 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. BY THE COURT: Date: ? 61 ? ?2 ,2&d. - I !!? ?7 - ff 5-0-- J. /2 r / t , i r `y 2 of 2 ASHLEY TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA V. PERRY COUNTY BRANCH CHAD FOSTER, NO. FC 4009-38 Defendant ORDER AND NOW, this 16 day of March, 2009, the parties having appeared for Custody Court and, after discussion, having reached a temporary agreement, it is hereby ORDERED and DIRECTED that father shall have primary physical custody of the subject child, Maleki Lee Foster, born June 23, 2004, subject to periods of supervised visitation in mother. On or before March 17, 2009, each party shall provide to the other the name of a neutral party or anagency who is willing and able to serve as a supervisor of the visit between mother and the child. In the event that the parties cannot reach an agreement as to an appropriate supervisor, then and in that event, either party may request a hearing on the matter. BY THE COURT, Kathy A. rrow, P.J. cc: Kevin E. Prosser, Esq., attorney for mother Chad Foster, father, pro se (151 N. Hanover St., Apt. 2, Carlisle, PA 17013) File Chrystal L. Prosser, Esq. U ?TIFIEC)f TRUE COPY \' C (7'I LM 91T 9 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. FC 2009-38 IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, Chad M. Foster, hereby certify that I caused to be mailed, this date, byU S. Mail, a copy of the foregoing Motion for Change of Venue to: Kevin E. Prosser, Esquire 400 Market Street Newport, PA 17074 (Counsel for Plaintiff) Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: April ?2009 BY: Nathan C , E'squi Attorney Defendant ASHLEY TAYLOR, AN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA V. :PERRY COUNTY BRANCH CHAD FOSTER :NO. FC 2009-38 ORDER AND NOW, this July 24, 2009, there being no proof of service in the record pertaining to the Motion for Change of Record being served upon the Plaintiff, Ashley Taylor, the Court is DIRECTING that a copy of the Motion, along with the proposed order, shall be served upon Ms. Taylor at 135 Weavers Mill Road, Loysville, PA 17047, by counsel for the Defendant. The Plaintiff shall have twenty days (20) from service to respond to the motion. BY THE COURT, KATH A. MOROW, P.J. cc: Ashley Taylor, pro se Nathan Wolfe, Esq., Court Administration File A 1Nt103 A2l2l3d 5,????.t??1flN10tl? Web ES :1 W8 6Z IN 6002 003b 0103111WOd NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF THE 41'T JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. FC 2009-38 IN CUSTODY MOTION TO MAKE RULE ABSOLUTE v ° ? _ 3 71 CC= rn a C? Co AND NOW COMES the Defendant, Chad Foster, by and through his counsel, Nathan C. Wolf, Esquire, and respectfully submits this Motion to Make Rule Absolute, and in support thereof, avers as follows: 1. On or about April 28, 2009, Defendant filed a Motion for Change of Venue in the above-captioned matter by mail with the Prothonotary. 2. On or about May 22, 2009, the Court issued a Rule to Show Cause upon the Plaintiff why the requested relief should not be granted, returnable twenty (20) days after service. 3. Said Rule was admitted to the Record on May 26, 2009, and was served by the Prothonotary upon the Plaintiff. 4. More than forty-five (45) days have now passed since the issuance of the Rule and no response from Plaintiff has been filed of record. 5. Defendant requests that relief be granted in the form of the proposed order attached hereto. WHEREFORE, the Defendant, Chad Foster, respectfully requests this Court to make the Rule, issued on May 22, 2009 Absolute and to grant the Motion for Change of Venue, and to grant any further relief that the Court deems appropriate. Respectfully submitted, WOLF & WOLF Dated: July 15, 2009 10 quire Callbde', PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Counsel for Defendant Foster or VERIFICATION I, the undersigned counsel for the Defendant, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: July 15, 2009 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant : IN THE COURT OF COMMON PLEAS OF THE : 41sT JUDICIAL DISTRICT OF PENNSYLVANIA : PERRY COUNTY BRANCH NO. FC 2009-38 IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Motion to Make Rule Absolute to the below-listed persons via first class mail addressed as follows: Ashley Taylor 135 Weavers Mill Road Loysville, PA 17047 Dated: July 15, 2009 WOLF & WOLF By: -.0 Z,/ ath , squire Coun el Defendant IN THE COURT OF COMMON PLEAS OF THE 41 ST JUDICIAL DISTRICT PERRY COUNTY BRANCH, PENNSYLVANIA ASHLEY TAYLOR, Plaintiff V. No. FC-2009-38 CHAD FOSTER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of 2009, after no obj being filed to Kevin E. Prosser, Esquire's Rule to Show Cause, it is HEREBY ORDERED that Kevin E. Prosser, Esquire, can withdraw from the above action. BY THE COURT f J. i c.c.. Kevin E. Prosser, Esquire Nathan C. Wolf, Esquire Ashley Taylor, pro se 'c o L 7J ,'sy rn 'rr :7,0 M r '? r? ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF THE 41 IT JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. FC 2009-38 I ORDER AND NOW, this May 6, 2009, a Rule is hereby issued upon the Plaintiff, Ashley Taylor, to show cause why the requested relief in the Motion for Change of Venu? should not i be granted. Rule Returnable twenty (20) days after service. BY THE COURT, Kathy A. orrow, P.J. cc: Kevin E. Prosser, Esq., Nathan Wolfe, Esq., Court Administration File N rn C 9' --1 O C71 n Cl) '*? N a a IN THE COURT OF COMMON PLEAS OF THE 41 ST JUDICIAL DISTRICT PERRY COUNTY BRANCH, PENNSYLVANIA ASHLEY TAYLOR, Plaintiff V. No. FC-2009-38 CHAD FOSTER, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this 8 h day of May, 2009, I served a copy of the Rule to Show Cause and Motion to Withdraw by Regular Mail to the person(s) listed below: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Ashley Taylor 135 Weavers Mill Road Loysville, PA 17047 $rgidi L. Jones Zeller4 Paralegal for Kevin E. Prosser, Esq AINnnn Add3d 33Eijo 10 :8 WV 1110 6112 (MO-38 0103111WOV r;?t ?? t a 4 IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT PERRY COUNTY BRANCH, PENNSYLVANIA ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant No. FC-2009-38 CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2009, upon consideration of the foregoing petition, it is hereby ordered that: 1. A Rule is issued upon the parties to show cause why Kevin E. Prosser, Esquire, is not entitled to the relief requested. 2. The parties shall have ten (10) days from the date of this Rule to show, in writing, why the relief requested should not be granted. 3. The petition shall be decided under Pa.R.C.P. §206.7. 4. Notice of the entry of this Rule shall be provided to all parties by the petitioner. BY THE COURT 331jJ0 s.? ?? ?n?clc SS :II WV L- AVW 6UOl 080338 0103111WOV a IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT PERRY COUNTY BRANCH, PENNSYLVANIA ASHLEY TAYLOR, Plaintiff No. FC-2009-38 V . 7; C) co D CHAD FOSTER, CIVIL ACTION - LAW 4 _ Defendant IN CUSTODY r''' M -: u o MOTION TO WITHDRAW n C.Z Kevin E. Prosser, Esquire, and respectfully avers as follows:; - NOW COMES CO o rl , T 0 ^ 1. Ashley Taylor retained Undersigned Counsel to represent her in a custody cash;. N 2. Undersigned Counsel and Ms Taylor have not been able to come to an agreement in regards to fees. 3. For Undersigned Counsel to continue representing Ashley Taylor without payment would create an economic hardship. WHEREFORE, Undersigned Counsel moves This Honorable Court to allow him to withdraw from the above-captioned matter. q Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Res c fully Submitted evin . Prosser Es . TED T"` .. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT 2063 APR 29 AM 10: 10 ,`..1liri.+",t 7 r ,s ram; t Ei ;i?y i'jU?J I V ASHLEY TAYLOR, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : 41sT JUDICIAL DISTRICT OF PENNSYLVANIA : PERRY COUNTY BRANCH V. NO. FC 2009-38 CHAD FOSTER, Defendant IN CUSTODY MOTION FOR CHANGE OF VENUE AND NOW comes the Defendant, Chad Foster, by his attorney, Nathan C. Wolf, Esquire, and files this motion for change of venue respectfully representing as follows: 1. The Plaintiff is Ashley Taylor, an adult individual whose last known address was 135 Weaver Mill Road, Loysville, Perry County, Pennsylvania 17047. 2. The Defendant is Chad At Foster, an adult individual residing at 151 North Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child born out of wedlock, namely: Maleki Lee Foster, born June 23, 2004. 4. The instant action was filed by Mother (acting pm se) on or about February 23, 2009. 5. The complaint was not served upon Father until the morning of March 10, 2009, at which time Father had appeared at the Perry County Courthouse for the purposes of a pre-trial conference before the Court. 6. Father had learned of the conference on or about March 9, 2009, from the child's paternal grandmother who had been contacted on the telephone by the Plaintiff on or about March 9, 2009. 7. Father was without sufficient time to engage the services of counsel to represent him at the conference and thus appeared pro se before the Court. 8. Mother appeared at the pre-trial conference on March 10, 2009 and, at that time, upon information and belief, retained the services of Kevin Prosser, Esquire. 9. Mother was notified of the directive to attend the education program for separating parents within sixty days of service the scheduling order issued February 24, 2009 and was also informed by the Prothonotary, in person, on February 4, 2009. (A true and correct copy of the Order is attached hereto as exlubit "A") 10. As of the time of this filing, the Court has not yet received notification that Mother has registered or attended the education program for separating parents and more than sixty days have now passed since the issuance of the Order and Directive. 11. Father attended and completed the program on March 25, 2009, and the Court received notification of the same on or about April 7, 2009. 12. Father is seeking to change venue, pursuant to the provisions of Pa.R.C.P.1915.2, to the Court of Common Pleas of Cumberland County, which has been the child's home county for more than six months before and at the commencement of the instant proceeding, and because the child resides in Cumberland County with Father, the primary physical custodian. 13. At the time of the commencement of the instant action, in her complaint Mother identified her address as 56 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, 17015, and Father's address as High Street, Carlisle, Pennsylvania 17013. 14. Father's correct address at the time of the filing of the complaint was 151 North Hanover Street, Apartment 2, Carlisle, Pennsylvania, 17013. 15. Father has resided at the same address since December 2006. 16. On or about July 22, 2008, Perry County Children and Youth Services, in the person of Megan Radel, contacted Father and informed him that Mother had been incarcerated in New Jersey and that if he did not assume custody of the child, that the child would be placed in foster care services. 17. On the same day, Father assumed custody of the child and has had custody of the child continuously, at the same residence in Carlisle, Cumberland County for approximately seven months prior to the filing of Mother's complaint. 18. Because Mother's complaint represents the first formal custody proceeding, it is submitted that Cumberland County meets the definition of "home county" set forth in Pa.RC.P. 1915.1 "Definitions." 19. As Cumberland County would be the child's "home county" for the purposes of Venue, it is respectfully submitted that the action should have been filed in Cumberland County initially. 20. The Court of Common Pleas of Cumberland County is in a better position to determine the welfare of the child and would be best active in his future welfare because Father has a significant connection with the county and there is substantial evidence concerning the child's present and future care, protection, training and personal relationships. 21. Father has been gainfully employed in Cumberland County with the same employer since January 2006. 22. By contrast, Mother's employment and residence are, at best, transient, and she has maintained addresses in both Cumberland County and Perry County during the child's life. 23. At the time of the conference on March 10, 2009, the Court entertained a discussion with the parties as to the status of Mother's request for custody and visitation and the Court entered an Order directing the parties to communicate concerning appropriate adults to supervise visitation by Mother within 10 days. (A true and correct copy of the Order issued March 16, 2009 is attached hereto as exhibit "B") 24. Father retained the undersigned following the pre-trial conference, and the undersigned thereafter made multiple attempts to contact counsel for the Plaintiff beginning March 16, 2009, finally reaching Attorney Prosser on March 26, 2009. 25. Attorney Prosser informed the undersigned that he was scheduled to meet with Mother on or about March 30, 2009, and that he would communicate with the undersigned thereafter. 26. Father, through counsel, informed Attorney Prosser that Father had attempted to investigate three (3) organizations to serve as custody supervisors, without success but that the child's paternal grandmother was willing to act as a supervisor for visits. 27. Neither Mother, nor Mother's counsel has communications with Father or his counsel since March 26, 2009. 28. Because the Court of Common Pleas of the 41A Judicial District, Perry County Branch, has had little involvement in this custody action, it is respectfully submitted that no prejudice would be suffered by Mother if the matter was transferred to Cumberland County. 29. However, change of venue to Cumberland County would be more convenient for the patties and witnesses. 30. For the reasons stated herein, Father respectfully submits that the best interests of the child would be served by this Court changing the venue to Cumberland County. 31. During the telephone call between counsel on Mauch 26, 2009, the undersigned indicated to Attorney Prosser of the Defendant's intent to file the instant motion, and Attorney Prosser indicated he would not concur in the relief requested. WHEREFORE, Defendant, Chad M. Foster, prays this Honorable Court enter an Order directing that venue be changed to Cumberland County, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: April, 2009 ytlfan . Wolf, Esquire W High Street %Ie. PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unworn falsification to authorities. Dated: April 07, 2009 Chad M. Foster N ' W" CD rT1 p e ?..k 0 y ,? r 7 T IN THE COURT OF COMMON PLEAS OF THE 41 JUDICIAL DISTRICT VS. OF PENNSYLVANIA r / PERRY COUNTY RAN H r ?Q NO. ..ai i...7 ORDER OF COURT :") You, el'\Mr e end ) (respondent), have been sved ifiC court to, (QBTAIN) (MODIFY custod.partial custody or visitation of the f child(ren): ???;(??`1 1'?` _'O,C_ Q M W 0 .-r3 t`T7 r ? You are ordered to appear in person at the PERRY County Courthouse, New Bloomfield, Pa. on-Tcl... Q *76A ` , at. F-, , ' ( ay and Date) (Time) A.M. for ? a conciliation or mediation conference. Xa pretrial conference. ? a hearing before the court. The Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $50.00 to the Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. kl'-- 1 0 H-Lg2id -k i_nd3a 1 of 2 Alpo 3ma v 0311JI1830 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. Lawyers' Referral Service 100 South Street or Mid Penn Le al Services PO B 86 213 N. Front Street Harrisburg, PA 17108 Hamsburty PA 17101 1-800-692-7375 1-800-932-0356 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of PERRY 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. BY THE COURT: Date: ? 61? -9&e J. 2 of 2 ASHLEY TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA V. PERRY COUNTY BRANCH CHAD FOSTER, NO. FC A009-38 Defendant ORDER AND NOW, this 16 day of March, 2009, the parties having appeared for Custody Court and, after discussion, having reached a temporary agreement, it is hereby ORDERED and DIRECTED that father shall have primary physical custody of the subject child, Maleki Lee Foster, born June 23, 2004, subject to periods of supervised visitation in mother. On or before March 17, 2009, each party shall provide to the other the name of a neutral party or an agency who is willing and able to serve as a supervisor of the visit between mother and the child. In the event that the parties cannot reach an agreement as to an appropriate supervisor, then and in that event, either party may request a hearing on the matter. BY THE COURT, ??? (.mot • c ?? ? l Cs?-?1??.{ Kathy A. rrow, P.J. cc: Kevin E. Prosser, Esq., attorney for mother Chad Foster, father, pro se (151 N. Hanover St., Apt. 2, Carlisle, PA 17013) File N p c? CD Chrystal L. Prosser, Esq. - r Cn CE,,RTIFIED? TRUE COPY -° tml 81T 13 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. FC 2009-38 IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, Chad M. Foster, hereby cenify that I caused to be mailed, this date, by U S. Mail, a copy of the foregoing Motion for Change of Venue to: Kevin E. Prosser, Esquire 400 Market Street Newport, PA 17074 (Counsel for Plaintiff) Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: April A2009 BY: Nathan C. Attorney 4 WOLF & WOLF NATHAN C. WOLF PHONE 717-241-4436 ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 wolf andwolf6b embargmail.com April 28, 2009 Brenda Albright, Prothonotary Perry County Court of Common Pleas Center Square P.O. Box 325 New Bloomfield, PA 17068-0325 Re: Taylor v. Foster (Custody) Docket No.: FC-2009-38 Dear Ms. Albright: STACY B. WOLF FACSIMILE 717-241-4437 Enclosed, for filing, please find an original and one copy of a motion for change of venue in the above-referenced matter. Kindly return a time-stamped copy of the motion to me in one of the two enclosed self-addressed stamped envelopes. I have enclosed an additional self-addressed stamped envelope, along with an envelope for Attorney Kevin Prosser, who represents the plaintiff, so that the Court may send each of us a conformed copy of the Order once it has been signed by the judge. Therefore, I have also enclosed two additional copies of the Order to accompany the motion to the Court Administrator's office. Should you require any additional information from me concerning this request, please do not hesitate to contact my office. Thank you for your anticipated time and cooperation in this matter. Enclosures cc: Kevin Prosser, Esquire (w/enc.) Chad M. Foster (w/enc.) M6_.! I4' ? ??.1 Ivy i yl C: N e? V W ?'1+ /rry .r/ O 04/02/2009 21:52 8148633108 JUSTICE AND SAFETY I PAGE 03 4 'D O `rq? y ? m H O \ Y 1 b Q m v c: 0 0 z ? rye' a ? a (? o v m z -q cn M a Ci a. a w rT IP m h Cfl O O W 00 C d r. Ir • o ' tb ? C r? Q7 J t? j` 'tacm-H1Cd d ?e:r?Na c-?db609t c?a S z {z ASHLEY TAYLOR, Plaintiff V. CHAD FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. FC 1009-38 ORDER AND NOW, this 16 day of March, 2009, the parties having appeared for Custody Court and, after discussion, having reached a temporary agreement, it is hereby ORDERED and DIRECTED that father shall have primary physical custody of the subject child, Maleki Lee Foster, born June 23, 2004, subject to periods of supervised visitation in mother. On or before March 17, 2009, each party shall provide to the other the name of a neutral party or an agency who is willing and able to serve as a supervisor of the visit between mother and the child. In the event that the parties cannot reach an agreement as to an appropriate supervisor, then and in that event, either party may request a hearing on the matter. BY THE COURT, Kathy A. rrow, P.J. cc: Kevin E. Prosser, Esq., attorney for mother Chad Foster, father, pro se (151 N. Hanover St., Apt. 2, Carlisle, PA File Chrystal L. Prosser, Esq. 17013) d v x" b CJ C w k?.! / 7 o-?y/c r IN : THE COURT OF COMMON PLEAS VS : OF THE 41s' JUDICIAL DISTRICT . : OF PENNSYLVANIA ?d : PERRY COUNTY RAT . NO.L N ?. o Q . ORDER OF COURT =';a r `.: Q r = -- MW -.-i CD You, Cf e end ) (respondent), have been shed court to', M ODIFY custod partial custody or visitation of the hild : c (ren) You are ordered to appear in person at the PERRY County Courthouse, New Pa. on ,& s '4100 , at (/(bay- ay and Date) (Time) A.M. for ? a conciliation or mediation conference. Xa pretrial conference. ? a hearing before the court. The Court directs that within sixty (60) days ter service, both parties shall register and attend the progr by mailing the pre-printed "Education Program for Separa ted Parents" registration form, along with a registration fe of $50.00 to the Education Program for Separated Parents, enn State Justice and Safety Institute, The Pennsylvania St ate Liblversity, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. If you fail to appear as provided by this order, an order for custody, partial custody visitation may be entered against you or the court may issue a warrant for your arrest. I of 2 pOh fv/n?P? A-1 Q Amu We 1A tr3 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N?T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O ACE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers' Referral Service or Mid Penn Legal Services 100 South Street PO Box 186 Harrisburg.PA 17108 1-800-692-7375 213 N. Front Street Harrisburg, PA 17101 1-800-932-0356 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of PERRY County is required by law to comply with Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the please contact our office. All arrangements must be made at least 72 hours prior to any or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: 4?i to, MM J. 2 of 2 IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT i s 3> VS. lid ??St? : OF PENNSYLVANIA : PERRY COUNTY BRANCH ° C:j : . NO. rrnn c3 COMPLAINT FOR (CUSTODY) (PARTIAL CUSTODY) (VISITATION) , ' • 1. The plaintiff is r-; residing at j (Street) U( (City) (Zip Code) (County) h ?( larr i 2. The defendant is C residing at S r (I I P?( n66 6jj)-Ike r? nc treet) (City) (Zip Code) (County) 3. Plaintiff seel6 (custody) (p)artial custody) (visitation) of the following child(ren) Name Present Residence Age The childk?wa? (was not) born out of wedlock. The child is presently in the custody of ?C)Sa-e r 1 lU (Name) C??S J\ who resides at (Street)s (City) (State) 1 of 4 During the past five years, the child has resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) (Dates) i -shle? ?? ICY ??? ry1c?11ory i?,?v? ?Ie??Icxrn ,elcl U? - '??? ???? `) ti rr` n ? SI - NeN?d The mother the child is add, currently residing at She is (married) (divorced) single . The father of the child is C NJ) rOSt?? , currently residing at He is (married) (divorced) ( 4. The relationship of plaintiff to the child is that of 1? b?D1?i(il M The plaintiff currently resides with the following persons: Name Relationship Lv?sMuAmna Cain IV 5. The relationship of defendant to the child is that of CO Name Relationship 2 of 4 6. Plaintiff (has) ias no participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The Oourt, term and number, and its relationship to this action is: i Plaintiff (has) as no information of a custody proceeding concerning the child pe?ding in a court of this Commonwealth or any other state. The court, term and number, a d its relationship to this action is: Plaintiff (knowg)_(does not kno ) of a person not a party to the proceedings who h physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: I 7. The best interest and permanent welfare of the child will be served by granti?g the relief requested because (set forth facts showing that the granting of the relief i requested will be in the best interest and permanent welfare of the child: 1 ?. -MK, V l Yee Ns ITN < 2 kA ?f1? C U? v? 00f4 65- U\` cwe Ire CUA M--\-d 3 e `??? 5 Y)64- t, \IX NN) c NA ?,\c,-:\eU C\ T( P G,?t\ e.. clc cat ???? aP\ I o` roc{5 r e ?'r?` - ?m 1`fwolyf - VO Clv? s?? t Z h ?\UC)n &IJ UK 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. A0 other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to Name Address Basis of Claim nLv? IiL\?? \,- )w l CC? 4 9. Plaintiff has been advised of the requirement to attend the seminar titled "Education Program for Separated Parents" offered by Penn State. OR ? The parties have previously attended the "Education Program for Parents" program as evidenced by certificates of attendance contained in the official court file to the following referenced case number and/or verification of certificate attached hereto. Wherefore, plaintiff requests the court to grant (custody) (partial custody) (visitatilon) of the child. Ax,?AA-T-Ompr) - ? for P ntiff I verify that the statements made in this Compl nt are true and corr?ct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. 1 intiff 4 of 4 IN THE COURT OF COMMON PLEAS OF PERRY COUNTY PENNSYLVANIA CIVIL ACTION -LAW ? ry _- NAME: p NO. FC 204 - d _p o lainti?f -rt V. - ? CC) W NAME' )(XnDefen ant :. INN ORDER N AND NOW, this 2 b day of "2?D . 200, upon consideration of the Petition of ?- laintif (defendant) to Proceed In Forma Pauperis, it is hereby ORDERED AND DECREED that the (plaintiff) (d4eadan4 664? may file the wJ Lam/ ?? In Forma Pauperis and proceed to the termination of p ceedinQS without payment of filing fees or costs. JUDGE t All T IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA CI VIL ACTION--LAW tie --Fo, lO r? No. 200q- 35 P aintiff N 2? _?_..: ? v. ir rt n nr,,_^j j` _ ? ?? r ? W lUl?- Defendant M 17 PETITION TO PROCEED IN FORMA PAUPERIS i I TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Asz??e_q respectfully represents: 1. I am the (P aintif )(Defendant) in the above matter ad because of my financial condition am unable to pay the fees anc costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I 3. I represent that the information below relating to i ability to pay the fees and costs is true and correct: (a) Name: ?` 13 Address : n6 ff)AVY Soc. Sec. No. 1 - (b) Employment--If y you are ? resenntly employed, state Employer: Address : 1_?, a of wl r?'Po- Salary or wages per mo the it- OJ36 u 100L WK, Type of work: ?Rrycff --If you are presently unemployed, state Date of last employment: Salary or wages per month:`?r I? L Type of work:t??Ce( (c) Other income within the past twelve months Business or profession: UTA Other self-remQployment :A)/l Interest; ^ 1 `? l l 1 Dividends:NIA Pension and annuities: 'Nlf? Social security benefits: N14 Support payment s : Dia?abilityymtJ: MQ ' Workman's N?pensation Nl? Pub?f( assistance: Other (d) Other contributions, to household support Spouse's-Name: NI/1 If your spouse is employed, state Employer : M(h Salary or wages per month : i?(/4 Type of work : P f Contributions from child(ren)ren:,,i A Contributions from parents: N//'? ) N"n t c ? Other contributions: ON (e ) Property owned Cash: NIA Checking account:lU/4 Savings account Certificates of deposit :0 l/1 Real estate (including home): Motor vehicle: Make : q// Year: Cost: $Amount owed: StocksA j /o?-nds : Other: 1 v / (f) Debts and obl; ations Mortgage: Rent: $VV Loans: Other: (g) Persons dependent upon you for support Spouse' s Name, 0/?,- Child(ren), if any:/ Name (s) and age (s 4 Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit a true and correct. I understand that false statements herein a made subject to the penalties.of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: L 6q aintiff 51 V FIL it Or TLIE T', - ? .143 0 ?- g-3( 61 S"