HomeMy WebLinkAbout01-1791ASHLEY N. BRETZ, :IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner ::CUMBERLAND COUNTY, PENNSYLVANIA
v. iNO.0 ~_ I~rq/ CIVIL TERM
JUSTIN FORGIE, :CUSTODY
Defendant/Respondent
PETITION FOR SPECIAL RELIEF
Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of MidPenn
Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who
currently resides at 47 Greenmont Drive, Enola,Cumberland County, Pennsylvania.
2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as
. est of the Plaintiff' s knowledge, resides at Keystone Job Corps Service,
e father, who, to the b ...... t-..~.,,~d~n Court , Pennsylvama.
th .... d .ty
Foothills pti , · · '
- ve P O Box 732, ijrums,
3. The above-named parties are the natural parents of Derek Forgie, bom February 3,
2000. 4. The mother has filed a Complaint for Custody contemporaneously with the filing of
this Petition for Special Relief and has requested that a Conciliation Conference be scheduled.
5. It is in the child's best interest to be in the custody of the mother for reasons including
the following: . n the child's primary care-giver since his birth;
a) The mother has bee ..... , .... :--~ and davcare for the child;
b) The mother has employment, suname
On or about February 20. 2001, the child s maternal grandmother and her
c) boyfriend threw the mother out of their residence and forcibly removed
the child from her, refusing her any contact with the child since that time
in spite of her many attempts to see or talk to her child.
6. The father is enrolled in the Keystone Job Corps Service and cannot exercise custody
of the child at this time.
7. Without this Court's intervention, the child will be harmed by being further denied
his mother's care and nurturing.
WHEREFORE, Plaintiff/petitioner requests the following:
a) The Court grant the Plaintiff temporary custody of her child pending further
order of court following a conciliation conference.
b)Any other relief this Court deems just and proper.
Respectfully submitted,
Jofil~ Carey
Attorney for Plaintiff/Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
t~t~R-23-Ot Fi?I 09: 29 t~ ?HERR ?URCHt~S~NG Fbi( NO, 7 t772039t7 ' ?' tJ~
..
FILE No..9~70~Z'Z2 'Ot~ t6:t5 II~:LEGRL SERVlCES,INC, Ff~qt?2~~ . . ~t~'c Z
~o f~cts a~d statements contained in the above petition ~re tru~ ~nd co.cci to thc best of my
knowledge. I u~dcrsmnd ~t ~ny false st~temen~ ~rc m~de subject to th~ pe~a~Qes of t ~
pm,C,S.~4904, r~i~tin~ m uaswom falsification m aut~orit[es.
,
p~t~t~fr/?otttton~ ~'J
Date
ASHLEY N. BRETZ, :IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner .
:CUMBERLAND COUNTY, PENNSYLVANIA
Vo ·
:NO.~ CIVIL TERM
JUSTIN FORGIE, · ca / - / 7 q/
Defendant/Respondent :CUSTODY
AND NOW, this .2 ~ day of r~,,t, er,,t, upon consideration of the attached Petition for
Special Relief, the following Or-der is entered regarding custody of Derek Forgie, bom February
3, 2000.
1. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary
physical and legal custody of the child.
2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have
supervised visitation of the child at times and places agreed upon by the mother
and father.
3. This Order is entered without prejudice to either party to request a hearing.
4. This Order shall remain in effect pending further Order of Court.
By the Court,
Joan Carey
Attorney for Plaimiff
. _~'-~-oi
Justin Forgie
Pro se Defendant
ASHLEY N. BRETZ, :IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner ·
:CUMBERLAND COUNTY, PENNSYLVANIA
Vo °
:NO. 01-1791 CIVIL TERM
JUSTIN FORGIE, ·
Defendant/Respondent 'CUSTODY
AMENDED TEMPORARY CUSTODY ORDER
AND NOW, this ~-q~ day of t~t.e.6 , 2001, upon consideration of the attached
Petition for Special Relief, the following Order is entered regarding custody of Derek Forgie,
born February 3, 2000.
1. Plaintiff, Ashley N. Bretz, hereinafter referred to as the mother, shall have primary
physical and legal custody of the child.
2. Defendant, Justin Forgie, hereinafter referred to as the father, shall have
supervised visitation of the child at times and places agreed upon by the mother
and father.
3. The police shall enforce and facilitate the transfer of custody to the mother,
Ashley N. Bretz.
4. This Order is emered without prejudice to either party to request a hearing.
5. This Order shall remain in effect pending further Order of Court.
By the_ Court,
/~SS, J.
Attorney for Plaintiff
MidPenn Legal Services
Justin Forgie '"
Pro se Defendant
ASHLEY N. BRETZ, :iN TH]~ COURT OF COMMON PLEAS OF
Plaintiff/Petitioner .
:CUMBERLAND COUNTY, PENNSYLVANIA
Vo ·
JUSTIN FORGIE, :NO. 01-1791 CIVIL TERM
Defendant/Respondent :CUSTODY
Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of MidPenn
Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who
currently resides at 47 Greenmont Drive, Enola, Cumberland County, Pennsylvania.
2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as
the father, who, to the best of the Plaintiff's knowledge, resides at Keystone Job Corps Service,
Foothills Drive, P.O. Box 732, Drums, Cumberland County, Pennsylvania.
2000. 3. The above-named parties are the natural parents of Derek Forgie, bom February 3,
4. This Court entered a Temporary Custody Order, see attached, on March 27, 2001
granting the mother primary physical custody. ,
5. On March 27, 2001, the mother attempted to enforce this Order of Court, but the
Hampton Township Police Department would not facilitate the transfer of custody to the mother
without further Order of Court.
6. The grandmother told the Hampton Township Police Department that she refused to
return the child to the mother pursuant to the Order of Court.
WHEREFORE, Plaintiff/petitioner requests that the Temporary Order be modified and amended
to order the police to enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz.
Respectfully submitted,
Attorney for Plaintiff/Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
VERIFICATION
I, Joan Carey, Attorney for Plaintiff~etitioner, verify that the statements contained in the above
Petition are true and correct to the best of my knowledge. The information is based on telephone
conversations with Plaintiff/Petitioner, Ashley N. Bretz, and Officer Felty, Hampton Township
Police. Verification by Plaintiff/Petitioner cannot be obtained in a timely manner. I understand that
any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom
falsification to authorities.
ated:
~o~ Carey, Attorney for~tYlaintifffPetitioner
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Ashley N. Bretz, · IN THE COURT OF COMMON PLEAS OF
Plaintiff .
· CUMBERLAND COUNTY, PENNSYLVANIA
vs. .
CIVIL TERM
Justin Forgie .
Defendant 'CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Ashley N. Bretz, residing at 47 Greenmont Drive, Enola, Pennsylvania,
Cumberland County, Pennsylvania.
2. The defendant is Justin Forgie, residing at Keystone Job Corps Service, Foothills
Drive, P.O. Box 732, Drums, Pennsylvania, 18222, Luzerne County, Pennsylvania.
3. The plaintiff seeks custody of the following child'
Name Present Residence Age
Derek Forgie 3615 Franklin Avenue, Mechanicsburg, PA 13 mo.
The child was bom out of wedlock.
The child is presently in the custody of Melissa Haines, mother of the plaintiff, who
resides at 3615 Franklin Avenue, Mechanicsburg, Pennsylvania. Ms. Haines forcefully removed
the child from the plaintiff without her permission and refuses to return the child to the plaintiff.
During the child's lifetime, he has resided with the following persons and at the following
addresses:
From 2/3/00-2/20/01'
Ashley Bretz (Child's mother); Melissa Haines (Child's grandmother); Tim
Preston (Grandmother's boyfriend) at 3615 Franklin Avenue, Mechanicsburg, PA 17055.
From 2/20/01- present:
Melissa Haines and Tim Preston at 3615 Franklin Avenue, Mechanicsburg, PA
17055.
The mother of the child is the plaintiff, Ashley N. Bretz, currently residing at 47
Greenmont Drive, Enola, Pennsylvania, Cumberland County, Pennsylvania.
The mother is single.
The father of the child is the defendant, Justin Forgie, currently residing at Keystone Job
Corps Service, Foothills Drive, P.O. Box 732, Drams, Pennsylvania, 18222, Luzeme County,
Pennsylvania.
The father is single.
4. The relationship of the plaimiffto the child is that of mother.
5. The relationship of the defendant to the child is that of father.
The defendant currently resides with the following persons:
Name Relationship
n/a- defendant is currently a resident of Keystone Job Corps
6. The plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
7. The plaintiff has no information on a custody proceeding concerning the child pending
in a court of this Commonwealth.
8. The child is in the current physical custody of the plaintiff's mother because the
plaintiff's mother forcefully removed the child from the plaintiff without her permission and
refuses to return the child to the plaintiff.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested because the plaintiff is the child's natural mother and primary caretaker. The
plaintiff is employed and has housing, and can continue to provide for the child.
10. The father is enrolled in the Keystone Job Corps Service and cannot exercise custody
of the child at this time.
11. Both parents whose parental fights to the child have not been terminated have been
named as parties to this action. The plaintiff's mother, Melissa Haines, who has forcefully
removed the child from the plaintiff without her permission and refuses to return the child to the
plaintiff, will be sent a copy of this complaint.
WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the
child to the plaintiff with supervised visitation to the defendant at the times and places agreed
upon by the parties.
Respectfully submitted,
·
·
~'Joan Carey
Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I, Ashley N. Bretz, am the Plaintiff in the present action and that the facts and
statements contained in the above Complaint are tree and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. {}4904, relating
to unswom falsification to authorities.
Dated:
Ashley N. Bretz,
Plaintiff · IN THE COURT OF COMMON PLEAS OF
v. ' CUMBERLAND COUNTY, PENNSYLV~iA
Justin Forgie, · NO. - CIVIL TERM
Defendant · O [ - / ;79 /
To the Prothonotary:
Kindly allow Ashley N. Bretz, Plaintiff, to proceed i...n.n
I, Joan Carey, attorney for the party proceeding i~n ~ ~, 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 of litigation is attached hereto.
ttorney for Plaintif~
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
AFFIDAVIT IN SUPPORT OF PETITION
1. 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.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true and
correct.
(a) Name: ~________________
Address.
Social Security Number: 192-64-0936
(b) If you are presently employed, state
Employer: Jeff Elickers (Tom's Mobile)
Address.
Salary or wages per month: ~$400.00
Type of work: Cashier
If you are presently unemployed, state
Date of last employment:
Salary or wages per month.
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends.
Pension and annuities.
Social Security benefits-
Support payments:
Disability payments:_
Unemployment compensation and
supplemental benefits:
Worker's compensation:
Public Assistance: Access (Medical Insurance)/WIC Other: Family Care Network
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer: Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
~ ~ Checking Account:
_
Savings Account:S300.00 (Only the plaintiff's grandfather can sign the money over to plaintiff)
Certificates of Deposit:
Real Estate (including home)'
Motor vehicle: Make Year Cost _ _ Amount owed
· p · . ,
Stocks; bonds, lmnt~ff s mother handles the laintiff's bonds
Other:
(f) Debts and obligations
Mortgage: Rent:
Loans:
Monthly Expenses: Personal: $300.00
Baby food and supplies: $100.00
Medical' $15.00
School related: $20.00
Gas: $40.00
Recreational' $15.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Derek Forgie Age: 13 months
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 are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to
authorities.
Ashley N. Blretz ~
.
.':.. ;::. · ..:.:~..,
~~~.~.:~'.. :. -" · '.' . '. : '.'. :"7:'~: ?:?:'-." .-'
..... ~..~.~.. ...~;~??:":'.'=:" ._
........... ,~ .,..· ......
~:~:~:': :?.--:.:' . .' .....: .~ ?.......:....:.:
-~ ..... ~...~ ~.., ~ '~;~:,;:~"~:-..-.~.' . . ::. :~. '..;':.:.': - ...:
....... . ..
~~'~?'~':~ :~ THE COURT OF cOMMON PLEAS OF
............
ASHLEY N. B~TZ, .
Pl~ntiff/Petitioner ~CUMBE~~D co~TY, PE~S~V~IA
v. :NO. CWIL TE~
~ST~ FOROIE, .CUSTODY
Defend~ff Respondent
TEMP_ o~Ry CUSTODY ORDER
AND NOW, this ,~'day of ]q/~'t'qT'~, up°n consideration of the attached Petition for
SpeciM Relief, the following Order is entered regarding custody of Derek Forgie, born Febru~'7
3, 2000-1. Plaintiff, Asltley N. Bretz, herein~_fter referred to as the mother, shall have primar7
physical and legal custody of the child.
· . eimffier referred to as the father, shall have
2. Defendant, Justin Forg~e. her ......... a ,,~o~.~..~ ~reed u on by the mother
supervised visitation of the child at t~mes m~ v* ....a,,_ P
and father.
3. This Order is entered without prejudice to either p~ to request a he,ring.
4. This Order shall remain in effect pending further Order of Court.
By the Court,
Joan Carey
Attorney for Plaintiff "r ,',~..': :'i.::" '.'"':: :'.;"'" :. ?.:':~ :'..:.;~. ~:.-." .';'". ~.~:~....;~.,.:.,.;.~.~.
.,.~ ~"? ,~:.,,.,.. .-; !'~:~' "i::.:':i .~':'.i.i::''''~''~'~/'''' ""~
.~?: ':~":'.,,~.'.-:.:',i:.' '~;'""'.~'.':~":;~:"'";':~: "~ i, "::.:.'.i: ;.'". i::': ..... "'
........... ... ~%',.:'.' :: ?' ..:..:, ....... · .......... .:..~,
, ?...,~...: ¢....;:...::.:.z.:.~,
..... .,: *.q,., - · , ~ . ;: · - 4 · ,~"{ ..... ~..'."? .& ~ .' , ~.
.,~, ]:... .=.;',..~,.., ~.:.....'.; .'h:i .'...~ ~ ,..: :~,.,,[7,: .;~.
Justin F orgie .,.,. "~ ~ ~.. , ·
? ..',...~..-., ,,~ -~f'- ..~,~..,..~ n~/~'
Pro sc Defendant : .... ' ...... '"" '"~'"' '~ .......'°' ' '
k · ~ .,',/? ,,,~ ~ i .,.
............... .7' ...........
¢'"¥¢t,i !i O.~'l.OT.;.~ ¢¥ /
':IN THE COURT OF coMMON PLEAS OF
ASHLEY N. BKETZ, .
Plaintiff/Petitioner iCUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL TERM
v. :NO. 01-1791
·
'JUSTIN FORGIE, .cUSTODY
Defendant/Respondent
Plaintiff/petitioner, Ashley N. Bretz, by and through her counsel, Joan Carey of MidPenn
Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who
currently resides at 47 Oreenmont Drive, Enola,Cumberland County, Pennsylvania.
2. Respondent is the above-named Defendant, Justin Forgie, hereinafter referred to as
the father, who, to the best of the Plaintiff' s knowledge, resides at Keystone Job Corps Service,
Foothills Drive, P.O. Box 732, Drums, Cumberland County, Pennsylvania.
3. The above-named parties are the natural parents of Derek Forgie, bom February 3,
2000. ,
4. This Court entered a Temporary Custody Order, see attached, on March 27, 2001
granting the mother primary physical custody, enforce this Order of Court, but the
~ ~ _ ~, ~0a~ mother attempted to .... ~- ^~' ~-stodv to the mother
5. On March ~-, ~ "-, the .... ,,t t~ cilitate me trans~ ,,-~" '~
Hampton Township Police Department would n~- ta
without further Order of Court.
The grandmother told the Hampton Township Police Department that she refused to
6. child to the mother pursuant to the Order of Court.
return the
WHEREFORE, Plmntfff/petit~oner re. quests that the Temporary Order be modified and amended
to order the police to enforce and facilitate the transfer of custody to the mother, Ashley N. Bretz.
Respectfully submitted,
/]~ ~ .... ~ ?~1
,!-.loan Carey
Attorney for Plaintiff/Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
VERIFICATION
Attorney for Plaintiff/P ctitioncr, verify that thc statements contained in the above
.... ' --~- --,,,- and correct to th~ best of my _ and Officer F elty, t-iamptm,
· x~ u u,~ retz
vetmon a.'. .~,_ m~;,,,i etitioner, Ashley N. B , timely manner. I understand that
conversauons w~m
Police. Verification by Plaintiff/Petitioner cannotbe obtained in a
any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom
falsification to authorities. /? /~.. /// .....
Dated: ~ ----'--- .~ for201aintiff/Petitioner
MIDPENN LEGAL sERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
: IN THE coURT OF cOMMON PLEAS OF
ASHLEY lq. BRETZ : cUMBERLAND COUNTY, PENNSY'LVA~A
PLAINTIFF
V.
JUSTIN FORGIE · 01-1791 CIVIL ACTION LAW
DEFENDANT :
: IN cUSTODY
ORDER OF coURT
AND NOW, Frida~ _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqu?line M. Verney, Esq. , the conciliator,
Wednesday, May 02, 2001 at 9:30 a.m.
andCoun~ Courthouse, Carlisle on
at 4th Floor, Cumberl effort will be made to resolve the issues in dispute; or
for a pr~--Hearing Custody Conference. At such conference, an court, and to enter into a temporary
if this cannot be accomplished, to define and narrow the issues to be heard by the
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.
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: 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
:IN THE cOURT OF cOMMON PLEAS OF
ASHLEY N. BRETZ, :CUMBERLAND cOUNTY, PENNSYLVANIA
Plaintiff
V. ~No. 01-1791 CIVIL TERM
JUSTIN FORGIE, :CIVIL ACTION- LAW
Defendant
CERTIFICATE OF SERVICE
I, Jennifer Hernandez, do hereby certify that on the 2~ day
of ~, 2001 I served a true and correct copy of the foregoing
Complaint for Custody, petition for special Relief, Temporary
Custody order, Amended petition for special Relief, and Amended
Temporary Custody order on the Defendant, justin Forgie, at the
address set forth below, by certified mail, restricted delivery,
return receipt requested-
Keystone Job Corps Service
Foothills Drive, P-O' Box 732
Drums, PA 18222
8 Irvine Row
carlisle, PA 17013
(717)243-9400
ASHLEY N. BRETZ, · IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 01-1791 CIVIL TERM
JUSTIN FORGIE, : CIVIL ACTION - LAW
Defendant · IN CUSTODY
PETITION TO VACA~ PRE~OUS ORDERS OF COURT
AND TO ADD PERTINENT PARTIES TO ACTION
AND NOW, comes Melissa Haines and Timothy M. Preston, through their attorney, Cara
A. Boyanowski, Esquire, and aver as follows:
1. Petitioner Melissa Haines is an adult individual, presently residing at 3615 Franklin
Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is the natural mother of
Ashley N. Bretz, the plaintiff in the above captioned custody case, and the maternal grandmother
of Derek Forgie, bom February 3, 2000, the subject minor child in the above captioned custody
2. Petitioner Timothy M. Preston is an adult individual, presently residing at 3615
Franklin Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is the fianc6 of
Melissa Haines.
3. Plaintiff Ashley N. Bretz, is a minor, having a birth date of February 14, 1984. It is
believed that she is residing at 47 Greenroom Drive, Enola, Cumberland County, Pennsylvania
17025.
4. Defendant Justin Forgie, is an adult individual, presemly residing at Keystone Job
Corps Service, Foothills Drive, P.O. Box 732, Drums, Luzeme County, Pennsylvania.
5. Plaimiff and Defendant are the natural parents of Derek Forgie, bom February 3,
2000, the subject minor child in the above captioned custody case.
6. Plaintiff filed a custody complaint against Defendant with this Honorable Court,
requesting primary physical custody of her child, subject to supervised visits by Defendant.
7. Simultaneous with the filing of the custody complaim, Plaintiff filed a Petition for
Special Relief, requesting this Honorable Court to award her temporary custody of Derek pending
further order of court following a custody conciliation.
8. This Honorable Court granted Plaintiff's request for prim~ physical custody by
Orders of Court, dated March 27, 2001 and March 29, 2001.
9. Neither the Custody Complaint nor the Petition for Special Relief, fried by Plaintiff,
listed Petitioners as parties to the custody action, even though Derek was in the care and custody
of Petitioners at the time the Custody Complaint and Petition for Special Relief were fried.
Furthermore, Derek has resided with Petitioners from the date of his birth, February 3, 2000, until
the date Plaintiff removed him from their care and custody, March 29, 2001.
10. During the period of time in which Derek resided with Petitioners, they financially
supported him, fed him, clothed him, bathed him, put him to bed, took him to doctor
appointment, transported him to day care, etc.
11. Melissa Haines and Timothy M. Preston have acted in loco parentis and have
standing to bring an action for custody.
12. Melissa Haines and Timothy M. Preston seek shared legal custody and joint
physical custody of Derek Forgie.
WtiEREFORE, Melissa Haines and Timothy M. Preston, request this Honorable Court,
to'
A. Amend the existing pleadings to include them as parties to this custody
action;
B. Vacate the Orders of Court, dated March 27, 2001 and March 29, 2001;
and
C. Emer a Temporary Custody Order of Court, which awards shared legal
custody of Derek Forgie to Melissa Haines, Timothy M. Preston, Ashley N. Bretz, and Justin
Forgie and joint physical custody to Melissa Haines, Timothy M. Preston and Ashley N. Bretz,
subject to periods of partial physical custody with Justin Forgie.
Respectfully submitted,
DALEY LAW OFFICES
A. Boy~a~owski, ~squire -
Supreme Court I.D. No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
CERTIFICATE OF SERVICE
I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a
tree and correct copy of the foregoing Petition to Vacate Previous Orders of Court and to Add
Pertinent Parties to Action, on all interested parties, by depositing same from Harrisburg,
Pennsylvania, first class mail, postage prepaid, addressed as follows:
Joan Carey, Esquire
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
Justin Forgie
Keystone Job Corps Service
Foothills Drive
P.O. Box 732
Drums, PA 18222
DALEY LAW OFFICES
' - fi3y-an; Wsk/, glq.
Attorney No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
ZZ.O
ASIiLEY N. BRETZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
· CUMBERLAND COUNt, PENNSYLVANIA
¥.
: NO. 01-1791 CIVIL TERM
JUSTIN FORGIE, : CIVIL ACTION- LAW
Defendant :/NY CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition to Vacate Previous Orders of
Court and Add Pertinent Parties to Action, it is hereby ORDERED and DIRECTED that:
A. The existing pleadings in this matter shall be amended to include Melissa
Haines and Timothy M. Preston as parties to the action;
C. Shared legal shah be
Tim/hy M. ~Ashley N~cust°dy °fDerek F°rgie , a~to Melissa Haines,
Ph~/afcustody wit~o/~in Forgie.'~/~restOn da~hle~/l~retz, subject to period: Iai
~n~ ~.~. ~.~ t BY THE COURT:
ASHLEY N. BRETZ, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY,PENNSYLVANIA
V. : NO. 2001-1791 CIVIL TERM
JUSTIN FORGIE, MELISSA, · CIVIL ACTION- LAW
HAINES, and TIMOTHY M. : IN CUSTODY
PRESTON, Defendants .
ORDER OF COURT
AND NOW, this ¥" day of /3___~t_~, 2001, upon
consideration of the attached Custody Conciliation R4port, it is ordered and directed as
follows.
1. The prior Order of Court dated March 27, 2001 is hereby vacated.
2. The Mother, Ashley N. Bretz, shall have sole legal custody of the child, Derek
Forgie, bom February 3, 2000.
3. Mother shall have primary physical custody of the child with the maternal
grandmother and her fianc6e, Melissa Haines and Timothy M. Preston, having periods of
partial custody as follows:
A. Beginning Friday, May 4, 2001 at 4'00 p.m. to Sunday, May 6, 2001 at
4'00 p.m. and alternating weekends thereafter from Friday at 4:00 p.m. to
Sunday at 4:00 p.m.
B. In addition, two evenings per week to correspond with Mother's work
schedule from 5'00 p.m. to 9:00 p.m. as agreed by the parties. Mother
shall supply her work schedule to Melissa Haines and Timothy M. Preston
as soon as practicable after receipt thereof.
4. Father, Justin Forgie shall have periods of supervised custody as agreed by
the parties. It is understood however, that Father's periods of custody shall be during the
times that Melissa Haines and Timothy M. Preston have custody, unless otherwise agreed
by the parties.
5. Defendants, Melissa Haines and Timothy M. Preston, shall provide
transportation unless otherwise agreed by the parties.
6. This Order is entered pursuant to an agreement of the parties present at the
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,
cc' Joan Carey, Esquire - Counsel for Mother
Cara Boyanowski, Esquire- Counsel for Melissa Haines and Timothy M. P
Justin Forgie, Pro se
Keystone Job Corps Service
Foothills Drive
P.O. Box 732
Drums, PA 18222
ASHLEY N. BRETZ, · IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. · 2001 - 1791 CIVIL TERM
JUSTIN FORGIE, MELISSA ·
HAINES, and TIMOTHY M. · CIVIL ACTION- LAW
PRESTON, Defendants : IN CUSTODY
PRIOR JUDGE. Kevin A. Hess
IN ACCORDANCE WITH COUMBERLAND 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
Derek Forgie February 3, 2000 Mother
2. A Conciliation Conference was held in this matter on May 2, 2001.
Mother, Ashley N. Britz, was present with counsel, Joan Carey, Esquire. Father, Justin
Forgie, although he received notice of the conference, did not appear. Additional
defendants, the maternal grandmother and her fianc6e, Melissa Haines and Timothy M.
Preston, were present with counsel, Cara Boyanowski, Esquire.
3. The parties present at the conference agreed to entry of an Order in the
form as attached.
Date 0acq~line M. Vemey, Esquire -' ~' -
Custody Conciliator