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HomeMy WebLinkAbout11-4750I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS LEE THOMAS, Plaintiff C-) "4 Q1 - 'o r V. No l - `? SU Civil Term CHERIESE N. THOMAS, CIVIL ACTION - PATERNITY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled below. If you fail to do so, the case may proceed against you and a final Order may be entered against you granting the relief requested by the Plaintiff. 2011 at 1P!,6'0 a.m./*a%_in Courtroom No. a- Plaintiff and Defendant are directed to appear on the 8 ? day of of the Cumberland County Courthouse, Carlisle, Pennsylvania, for a hearing on Plaintiffs request for genetic testing: If you fail to appear as ordered, the court may enter an order in your absence requiring you and your children to submit to genetic tests. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 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. BY THE COURT: cc: Jane Adams, Esquire, for Plaintiff Family Law Clinic, for Defendant oco AKA 3 rnrn ? -?•i r zn ;;Q -? r r, -Q r ? < 3 ?G 90 "mac s __4r, -? c-n > 70 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS LEE THOMAS, Plaintiff vs. CHERIESE N. THOMAS, Defendant CIVIL ACTION - LAW No. 11 - 4750 Civil Term ACTION IN PATERNITY MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner Thomas Lee Thomas, by and through his Attorney, Jane Adams, and respectfully represents the following: 1. Petitioner is Thomas Lee Thomas, (hereinafter referred to as "Petitioner"), who currently resides at 1361 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Cheriese Thomas, (hereinafter referred to as "Mother"), who is currently represented by the Family Law Clinic. 3. On June 3, 2011, Petitioner filed a Complaint to Establish Paternity and for Genetic Testing under the above-captioned matter. 4. The hearing on this matter is scheduled for Thursday, September 8, 2011 before this Honorable Court. 5. Counsel for the parties have discussed undertaking voluntary genetic testing and it is anticipated that the parties may be able to enter into an agreement to that effect. 6. Petitioner is asking for a continuance to allow time to complete the stipulation and details of the arrangement for voluntary genetic testing and that the next date be scheduled no less than four weeks from today's date, in order that the test results could be returned before any further proceedings. 7. Such request would conserve time and resources for the court, counsel, and the parties. 8. Attorney Megan Riesmeyer at the Family Law Clinic was contacted regarding Petitioner's request on Friday, September 2nd and she indicated she was in agreement with the request for the continuance. 9. This matter was previously assigned to Judge Ebert. WHEREFORE, Petitioner, Thomas Lee Thomas, respectfully requests that this Honorable Court continue the hearing previously scheduled in this matter. Date. Respectfully submitted, ne Adams, Esquire D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER THOMAS LEE THOMAS CERTIFICATE OF SERVICE AND NOW, this September 4, 2011, I, Jane Adams, Attorney for Petitioner, Thomas Lee Thomas, hereby certify that a copy of Father's Petition for a continuance has been duly served upon the Mother by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Family Law Clinic 45 N. Pitt St. Carlisle, Pa. 17013 FOR DEFENDANT Ja Adams, Esquire I. No. 79465 7 South Street C rlisle, Pa. 17013 17) 245-8508 ATTORNEY FOR PETITIONER THOMAS LEE THOMAS j? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS LEE THOMAS, Plaintiff vs. CHERIESE N. THOMAS, Defendant CIVIL ACTION - LAW No. 11 - 4750 Civil Term ACTION IN PATERNITY ORDER OF COURT AND NOW, this 4e? day of , 2011, it is hereby ORDERED AND DECREED that the hearing scheduled in the above-captioned matter shall be rescheduled for 4-00 a.m. fir , on the ? Dgy ot;? 2011, in Courtroom No. 2 of the Cumberland Co mom' r' Courthouse, Carlisle, Pa. 17013. C? Z:G s. OM p A By the Court: cc: ? Jane Adams, Esquire, for Plaintiff Family Law Clinic, for Defendant _1?01'v V u In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHERIESE N. THOMAS vs. Plaintiff/Petitioner THOMAS LEE THOMAS Defendant/Respondent ) Docket Number: 00286 S 2009 ) PACSES Case Number: ) Other State ID Number STIPULATION OF FACTS a; ca 0 1 w M r; 7?0 CD CD 4 --+o ?Mi Petitioner CHERISSE THOMAS and Respondent THOMAS LEE THOMAS, by their respective attorneys, enter into the following stipulation with respect to the above-captioned Support action now pending before the Court: 1. Petitioner and Respondent, agree that child, Tamia Thomas, was born on July 14, 2010. 2. Though not divorced, Petitioner and Respondent have been living separate and apart since March 2009. 3. Petitioner and Respondent, submit that Respondent is not the biological father of Tamia Thomas. 4. Petitioner and Respondent, submit that Timothy Terrell Keys is the biological father of Tamia Thomas. 5. Respondent is willing to submit to paternity testing but cannot afford to pay for the same. 01 C r se Thomas (V\ Thom L. Tho tiff/Petitioner Defenda p ndent -? cry _ -?.. Gregory Marcelin gielAtdams, Esq. 12A 17 Certified Legal Intern Carlisle, PA 17013 MEGA RIESMEYER MARTIN J. D'URSO Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 C 25811070w N? C-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c THOMAS LEE THOMAS, :CIVIL ACTION -LAW ? ?- Plaintiff 2? _< -o,-t-, r __0 vs. No. 11 - 4750 Civil Term --4 C, ter. c ?? CHERIESE N. THOMAS, ACTION IN PATERNITY `~' C) --'M Defendant STIPULATION OF THE PARTIES WHEREAS, Plaintiff filed an action in Paternity under the above -caption on June 3, 2011, the parties agree as follows: 1. The parties, Thomas Lee Thomas and Cheriese N. Thomas, as well as the child, Tamia M. Thomas, born July 14, 2010, shall submit to genetic testing at the time and place requested by Plaintiff. 2. Plaintiff shall be responsible for all costs associated with the testing. 3. The parties agree that further proceedings shall be continued pending the result of the genetic tests. 4. This stipulation may be entered as an Order of Court for enforcement purposes if necessary. Thorns Lee as, PlaiW Date: /';? l? 1 Witness Cheriese N. Thomas, De ant C" Date: WITNESSETH: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS LEE THOMAS, Plaintiff CIVIL ACTION - LAW vs. CHERIESE N. THOMAS, Defendant yr- No. 11 - 4750 Civil Term ACTION IN PATERNITY MOTION FOR CONTINUANCE WHEREAS, Plaintiff filed an action in Paternity under the above-captioned number on June 3, 2011, hereby avers as follows in support of his request for Continuance. 0 w xa rn? a --+C)f ZC -z,I ?a 1. On November 1, 2011, a stipulation was filed pursuant to an agreement of the parties. 2. The stipulation provided that the parties, Thomas Lee Thomas and Cheriese N. Thomas, as well as the child, Tamia M. Thomas, born July 14, 2010, shall submit to genetic testing at the time and place requested by Plaintiff. 3. In Order to save judicial time and resources, it is requested that this matter be continued to allow the parties more time to obtain a genetic test. Once the test is obtained, the parties can attend the hearing and stipulate to an Order indicating the natural Father of the child. 4. This matter was previously assigned to Judge Ebert. 5. Family Law Clinic, who represents the Defendant, is in agreement with this request. Ily submitted Date: / (- 3 - l/ ,kr Adams, Esquire I. V. No. 79465 W. South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r THOMAS LEE THOMAS, Plaintiff/ Petitioner V. CHERIESE N. THOMAS, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 7 No. 11 - 4750 CIVIL TERM ACTION IN PATERNITY ORDER OF COURT -, r? AND NOW, this 3 day of ON , 2011, upon consideration of the attached Stipulation of Facts, it is hereby Ordered as follows: 1. The parties, Thomas Lee Thomas and Cheriese N. Thomas, as well as the child, Tamia M. Thomas, born July 14, 2010, shall submit to genetic testing. 2. The Plaintiff, Thomas-Lee Thomas shall be responsible for all costs associated with the testing. BY THE 'U 4x J. ASS,. Copies ?!( ? 'l.,fl riesE N.-j?ian? u 3I ?I / Dos