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Home My WebLink About05-2183 , Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN A v. Carrie S. Horn , Defendant CIVIL ACTION - LA W No. 05 - J./,$5 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Kenneth P. Brink, residing at 273 Newburg Road, Newburg, Cumbe land County, Pennsylvania 17240. 2. The defendant is Carrie S. Horn, residing at 12805 Lower Horse Valley, Orrstown, Franklin County, Pennsylvania 17244. 3. Plaintiff seeks custody of the following child: Name Emily Sue Brink Present Residence 12805 Lower Horse Valley Orrstown, PAl 7244 DOB 1/19/04 Age I yr. 3 s. The child was born out of wedlock The child is presently in the custody of Carrie S. Horn, residing at 12805 Lower Ho se Valley, Orrstown, Franklin County, Pennsylvania 17244. During the past five years, the child has resided with the following persons and at t following addresses: List All Persons List All Addresses Dates Carrie S. Horn 12805 Lower Horse Valley Orrstown, PAl 7244 1/25/05 to prese t Kenny Brink & Carrie S. Horn 273 Newburg Road Newburg, PA 17240 12/I 5/04 to 1/2 /05 Carrie S. Horn 12805 Lower Horse Valley Orrstown, PAl 7244 Birth to 12/I 5/0 4. The mother ofthe child is Carrie S. Horn, residing at 12805 Lower Horse Valley, Orrstown, Franklin County, Pennsylvania 17244. She is not married. The father of the child is Kenneth P. Brink, residing at 273 Newburg Road, Newbu g, Cumberland County, Pennsylvania 17240. He is not married. 5. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Relationship Self 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Mike & Sue Horn Relationship Parents 7. 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. Plaintiff has no information of a custody proceeding concerning the child pending' a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physica custody of the child and claims to have custody or visitation rights with respect to e child. 8. The best interest and permanent welfare of the child will be served by granting the elief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff child may plan their schedules accordingly, and so that misunderstandings and un expectations regarding custody and visitation can be avoided, and also so that the not used in a manipulative fashion. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: t.(-,)/-6<\ ~~~~ 155 S. Hanover Street Carlisle, P A ] 70] 3 (7] 7) 24] -6070 Supreme Court J.D. # 89028 Attorney for Plaintiff Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A IA v. Carrie S. Horn, Defendant CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relati g to unsworn falsification to authorities. (') ~ ~ ~~ c:;,:l -~ d' '5'.-;l:l I>.;: "rl~ll :<'" -f1'" ..." p1. r:: ~ ~ l' \~L '~~~I 7" "",rn ~-_'.- "" ~:J9 (t') .,;.~ C1' S?tC:) ,-" ~.t_., ' ~ '.J:1) ..... -..c ':~ -0 (' V\ '" }.:'_C~ :>:: ().tJ '" -.J;, --- ~.(-,., ;-::=-}f\""\ - Pt:'. r;-? ~ '" 3 53 " - 0 ';;\ 0 C< KENN TH P. BRINK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05.2183 CIVIL ACTION LAW CA IE S. HORN DEFENDANT IN CUSTODY ORDER OF COURT NO NOW, Thursday, April 28, 2005 , , upon consideration of the attached Complaint. it is her by directed that panies and their respective counsel appear beforc Hubert X. Gilroy, Esq. , the conciliator, at_ tb Floor,~umbe!land County Courthouse. C'..':lis~.. on _,__:!..hursday, May 19, 200?..........___., at 1ll.:30 AM for a Pr -Hearing Custody Conference. At such conference, an effon will be made to resolve the issues in dispute; or if this annot be accomplished, to define and narrow the issues to be heard by the coun, and to enter into a temporary order. All children agc five or older may also be prescnt at the confcrence, Failure to appear at the conference may provid grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy and all existiug Protection from Abuse orders, Specl I Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X Gilroy, Esq. Custody Conciliator ~ The Coun of Common Pleas ofCumberJand County is required by law to comply with the Amcricans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having husiness before the COUl1, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business bef()re the coun, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ~d7'f7);:" ~'>- />T~fl7T/ 4/ ..5,;? (" >' ifi.r? '% 1"fT'?7VU r:;b7/-f., 50 c s ~/r1 r...:2 ~.,"'4~v'rp /,(;>r5 ,:./:1'''' .,,11..1 9S:1 Hd Z- A~lmOZ ltJvLC:'\!C,'"'i,~C.:'Hd 3Hl =10 _j~~,lJ:1CH]]li_1 Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Carrie S. Horn . Defendant CIVIL ACTION - LAW No. 05 - 2183 IN CUSTODY CIVIL PETITION TO TRANSFER CUSTODY COMPLAINT AND FILING FEE TO FRANKLIN COUNTY And now comes Plaintiff, Kenneth P. Brink, by and through his attorney, Michael J. Whare, Esquire, and requests a transfer of the Petition for Custody to Franklin County. I. The Complaint for Custody was inadvertently filed on April 26, 2005 in Cumberland County (attached as Exhibit "A")and should have been filed in Franklin County because the children live with the mother who resides in Orrstown, Franklin County, Pennsylvania. 2. On April 25, 2005 a filing fee of $1 I 1.50 (copy attached as Exhibit "B") was forwarded at the same time. 3. Petitioner respectfully requests that the filing fee be transferred to Franklin County, along with the Custody Complaint. WHEREFORE, Plaintiff requests this Court to grant the transfer of the Custody Complaint aM filing fee from Cwnberland County to Franklin County. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: -;-.:5'.... c> r ~~qit--/l 155 South Hanover Street Carlisle, PAl 70 13 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Carrie S. Horn , Defendant CIVIL ACTION - LAW No. 05 - 2183 IN CUSTODY CIVIL ATTORNEY VERIFICATION Michael J. Whare, Esquire, states that he is the attorney for Plaintiff, Kenneth P. Brink, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pll.C.S. 94904, relating to unsworn falsification to authorities. D~te: )- 5-1?~- jVI--e/\-.f ;/ C /( Michael J. Whare, Esqui'€ Attorney for Plaintiff Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Carrie S. Horn , Defendant CIVIL ACTION - LA W No. 05 - 2183 IN CUSTODY CIVIL CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, Kenny P. Brink, do hereby certify that I this day served a copy of the Petition to Transfer Custody Complaint and Filing Fee to Franklin qoumy upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, P~nnsy]vania, addressed as follows: Carrie S. Horn 12805 Lower Horse Valley Orrstown, P A 17244 ;1/l ~ f'?- /l Michael J. Whare, Esquire Attorney for Plaintiff D~ted: i)- 1- -r Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Carrie S. Horn , Defendant CIVIL ACTION - LAW No. 05 - 1/ PJ CIVIL IN CUSTODY ORDER OF COURT AND NOW, ,2005, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before -' the conciliator, at on the day of ,2005, at o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort 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. FOR THE COURT: By: Custody Conciliator 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO NOTHA VE 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 As\ociation 32 South Bedford Street Carlisle, PAl 70 13 Phone: (717)249-3166 (800) 990-9 I 08 EXHIBIT -A " Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 1. ....> 0 g :s -n -~ <J' :C -06") ~ 0,:::0 Q;lt:..; :::0 ..,..,r::~ -b;;({ tv ~o 61 ,~ 0' b :< :~.' -t :n r;:C; -u :t::!..l COMPLAINT FOR CUSTODY ~8 ~ %~ >'c N "-I Z .. 51 The plaintiff is Kenneth P. Brink, residing at 273 Newburg Road, Newburg, CuiilberGd :..<; County, Pennsylvania 17240. CIVIL ACTION - LAW No. 05 - ~ IS?; CIVIL IN CUSTODY Carrie S. Horn , Defendant 2. The defendant is Carrie S. Horn, residing at 12805 Lower Horse Valley, Orrstown, Franklin County, Pennsylvania 17244. 3. Plaintiff seeks custody ofthe following child: Name Emily Sue Brink Present Residence 12805 Lower Horse Valley Orrstown, P A 17244 DOB 1/19/04 Age 1 yr. 3 mos. The child was born out of wedlock The child is presently in the custody of Carrie S. Horn, residing at 12805 Lower Horse Valley, Orrstown, Franklin County, Pennsylvania 17244. 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 Carrie S. Horn 12805 Lower Horse Valley Orrstown, P A 17244 1/25/05 to present Kenny Brink & Carrie S. Horn 273 Newburg Road Newburg, PA 172;40 12/15/04 to 1/25/05 Carrie S. Horn 12805 Lower Horse Valley Orrstown, P A 17244 Birth to 12/15/04 4. The mother of the child is Carrie S. Horn, residing at 12805 Lower Horse Valley, Orrstown, Franklin County, Pennsylvania 17244. She is not married. The father of the child is Kenneth P. Brink, residing at 273 Newburg Road, Newburg, Cumberland County, Pennsylvania 17240. He is not married. 5. The relationship of plaintiffto the child is that offather. The plaintiff currently resides with the following persons. Name Relationship Self 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Mike & Sue Horn Relationship Parents 7. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: , , A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: t.(- ;?/-6"l ,n~~A.A. Michael J. Whare, Es Ire 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 89028 Attorney for Plaintiff . , Kenneth P. Brink, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Carrie S. Horn , Defendant , CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. , , RECEIPT FOR PAYMENT ------------------- ------------------- Cu erland County Prothonotary's Office Carlisle, Pa 17013 BRINK KENNETH P (VS) HORN CARRIE S Case Number 2005-02183 Received of PD ATTY MICHAEL J WHARE JAM Total Non-Cash..... + Total Cash.... ..... + Change. . . . . . . . . . . ., - Receipt total. ..... = 111.50 .00 .00 111.50 Recetpt Date Recelpt Time Receipt No. 4/26/2005 14:21:45 163370 Check# 3954 -------------------- Distribution of Payment ---------------..------------ saction Description Payment Amount CU TODY AGMT T ON AGMT SE TLEMENT AU OMATION FEE JC FEE CUSTODY FEE CUSTODY FEE-CO 85.00 .50 5.00 5.00 10.00 4.80 1. 20 111.50 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUND BUREAU OF RECEIPTS AND CONTROL ADMINISTRATIVE OFFICE OF PA CT CUMBERLAND CO GENERAL FUND 'XH,~,-r ft,!. .. ; 4. ~.. t'" .'" "ft" ~~, .., .~ -_..,-~ "" C:::. 0 ,-~.:) .-.., .:.J" -' :;:' " riip! ~.....:" I -,'I ,. -,'j"C.} ..,- " r;> :t.". , -;;.. {') > -, rn 0,;l - Kenneth P. Brink, Plaintiff v. Carrie S. Horn, Defendant AND NOW, this ~ day of RECEIVED MAY 05 200t" < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W No. 05 - 2183 CIVIL IN CUSTODY ORDER OF COURT /"Y)~ , 2005, the Plaintiffs Petition to Transfer Custody Complaint" ,~... '" ,~~~ L .'7 w.k.. _ n '....y is hereby GRANTED. cc: /Michael J. Whare, Esquire ...--carrie S. Horn By the Court: AIL ~ !;1(~tl ;/lKs 0-5 . 1(7 - {J5 .T. -, .r e..;) o i },l'l) ~[Dl dO