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HomeMy WebLinkAbout01-1607ORLANDO C. HERNANDEZ, Plaintiff NICOLE TERRY and CYNTHIA C. GOSS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- /(,.o"[ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffis Orlando C. Hemandez, an adult individual currently residing at 170 Erford Road, Apartment A, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Nicole Terry, is an adult individual currently residing at 1426 Hunter Street, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant Cynthia C. Goss, is an adult individual whose current address is unknown but who is believed to be residing in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant Terry are the natural parents of one (1) child, namely, Orlando C. Hemandez, Jr., bom June 11, 1996. The child was born out of wedlock. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Orlando C. Hernandez, Nicole Terry, and Cynthia Goss Lemoyne, Pennsylvania Birth to September 1996 NAME Orlando C. Hemandez, Nicole Terry two female friends of Ms. Terry Nicole Terry and Two female friends of Ms. Terry Nicole Terry, Naime Tran, Mr. Tran's mother, Mr. Tran's brother, and Mr. Tran's brother's two children Cynthia C. Goss, Bill Goss, Sarah Goss, and Jennifer Goss Lemoyne, Pennsylvania Lemoyne, Pennsylvania Harrisburg, Pennsylvania Cumberland County, Pennsylvania September 1996 to December 1996 December 1996 to June 1997 June 1997 to December 1997 December 1997 to Present The natural mother of the child is Nicole Terry who resides as aforesaid. She is single. The natural father of the child is Orlando C. Hemandez who resides as aforesaid. He is married. The maternal grandmother of the child is Cynthia C. Goss who resides as aforesaid. She is married. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with his wife, Jodi L. Hernandez, and their minor son Sean L. Hernandez. The relationship of Defendant Terry to the child is that of natural mother. Defendant Terry currently resides with unknown persons. The relationship of Defendant Goss to that of the child is maternal grandmother. Defendant Goss currently resides with her husband, Bill Goss, their daughters, Sarah and Stephanie Goss, and with the child at issue. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. Plaintiff has no information of any custody proceedings conceming the child pending in any Court of this Commonwealth. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 11. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff (hereinafter referred to as "Father") always has been interested in becoming the primary caretaker for the child; b) When Father and Defendant Terry (hereinafter referred to as "Mother") separated, immediately after the child's birth, Mother agreed that Father would be the primary custodian of the child, but maternal grandmother intervened and would not allow it; c) Shortly thereafter, Mother threatened to allow the child to be adopted; although Father refused. d) When Father requested contact with the child, Mother indicated to Father that the child was, in fact, adopted out of the family; e) Mother and child then moved and their whereabouts were unknown to Father for a substantial period of time; After finally locating the child and requesting contact with the child, Mother and Defendant Goss refused contact between the child and Father; g) Father has been permitted contact with the child one time in approximately two years. h) Father has the ability and desire to provide for the financial, physical and emotional needs of the child; WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child. Respectfully submitted, MaryloWMatas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ORLANDO C. HERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE TERRY and CYNTHIA C. GOSS, Defendants : CIVIL ACTION - LAW :NO. Ot-l .O7 : IN CUSTODY CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marylou Matas, Esquire, to proceed informa pauperis. I, Marylou Matas, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs o.f litigation is attached hereto. Respectfully subtnitted, Date: MarylohqVl~as, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanow~'r Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ORLANDO C. HERNANDEZ, Plaintiff NICOLE TERRY and CYNTHIA C. GOSS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O1-~ 1~5~"/ CIVIL TERM iN CUSTODY AFFIDAVIT IN SUPPORT PETITION FOR LEAVE TO PROCEED IN FORMA PA UPERIS I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. l am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) Name: Orlando C. Hemandez Address: 1 Erf r R A Comp Hill. PA 17011 b.) Social Security #: 191-58-7633 If you are presently employed, state: Employer: Address: Salary or wages per month: Type of work: cook Burger King Lemoyne. PA 17043 $7.00/hr at 35hrs./week c.) d.) If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: Other contributions to household support: Wife's name: Jodi Hemandez If your wife is employed, state: Not employed. Employer: Salary or wages per month: Type of work: e.) f.) g.) Contributions from children: N/A Property owned: Cash: N/A Checking account: N/A Savings Account: N/A Certificate of Deposit: N/A Real Estate (including home): Motor vehicle: Make: Cost: N/A N/A 'fear: Amount Owed:. Stocks; bonds: N/A Other: Debts and obligations: Mortgage: 0 Rent: $311.00/month Loans: Monthly Expenses: $1.200.00 (includes child support obligationsl Persons dependent upon you for support Wife: Jodi Hemandez Children: Name Age Sean Hemandez 6 months Orlando Hernandez, Jr. 4 years Mariah Hemandez 3 years i understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would pemfit me to pay the costs incurred herein. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ORLANDO C. HERNANDEZ PLAINTIFF V. NICOLE TERRY AND CYNTHIA C. GOSS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 23, 2001 , 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 Wedaesday, April 11, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an ef~brt 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FORTHECOURT, By: /s/ facqueline M. Verney. Esq. 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 ATTOR2qEY 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 2 Liberty Avenue Carlisle, Pennsylvania ][ 7013 Telephone (717) 249-3166 ORL~ C. I-~.RNANDEZ, Plaintiff VS. NICOLE TERRY AND CYNTHIA C. GOSS, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1607 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 27* day of April, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and llrue copy of a Complaint /'or Custody and Order of Court to the Defendant, Nicole Terry, to her address of 1426 Hunter Street, Harrishurg, Pennsylvania, by certified mail, restricted del/very, return receipt requested. A copy of said receipt is attached hereto indicating service was made on April 19, 2001. Swom and subscribed . to before~ne this ~ ~ day of/--~,0Ac.~ ,2001. NOTAR~UBLIC Notarial Seal Robin J, Goshorn, Notary Public Carlisle Boro, Cumberlend Count1/ My Commission Expires Apr. 17, 2003 Maryiou~s, Esquire GE.WFH~ & ~SOCIATES 200 North Hanover Street Carlisle, PA ].7013 (717) 243-5551 (Endorsement Required) · Complet~ items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · 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~space permits. 1. Article Ad~res~t0: 2. Article Number (Copy from service label) PS Form 3811, July 1999 C. Signature f address differerfl r"J Yes I~ YES, enter delivery address I r-I No 3. S ice Type .~C~ifled Mai, [] Express Mai, [] Registered r-i Return Receipt for Merchandise [] insured Mai, [] C.O.D. 4. Restricted Delivery? (Extra Fee) .~Yes Z .57 Z? Domestic Return Receipt 102595-00-M-0952 JAN 0 2 ZO03~ ORLANDO C. HERNANDEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-1607 CIVIL TERM : NICOLE TERRY and CYNTHIA: CIVIL ACTION - LAW C. GOSS, : Defendants : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the pa~ties have not contacted the Conciliator since April 11, 2001 to request a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, ~/acqt(dl' . - y, q' , O(~ "