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Home My WebLink About06-3828 . ~ RICHARD J NEWTON PLANTIFF Vs MONlKA POTONIEC DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA O{'-JP.z.p eCJ;L'-r~ : CIVIL ACTION- CUSTODY COMPLIANT FOR CUSTODY I, Richard J Newton, pro se, residing at 66 BeechcliffDr Carlisle, Pa 17013, formally am filing a complaint for custody to be filed against Monika Potoniec last known address 66 Beechcliff Dr Carlisle, Pa 17013 for the following reasons listed. I feel Monika is a flight risk since she is from Poland and has family there. I haven't seen or talked to my daughter Octavia D. Potoniec since Friday June 30, 2006. It has been brought to my attention that Monika has transferred a large sum of monies in the amount of $7500.00 to Poland. I have the ability to provide a stable, loving environment for my daughter. I can provide a stable childcare environment for Octavia with the person who has cared for her since she was 3 months old. Monika has moved in an excess of 22 times since she moved to the United States and in the last 22 months she has moved 4 times. I have a stable job to provide for Octavia and at times worked two jobs to make sure I can provide what she needs. I am currently paying child support for Octavia even while residing in the same household with her. Monika has also made comments in the past that she can move back to Poland and take Octavia with her and no one will ever see her again. For those reasons I am requesting custody. Richard J Newton 66 Beechcliff Dr Carlisle, Pa 17013 717-887-4660 (.~ . -' C'" ... ", ~ ('::-..;:.0 0-- C"'t (,) C;-"l 1 ,t RICHARD J NEWTON PLANTIFF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs MONIKA POTONIEC DEFENDANT : CML ACTION- CUSTODY Petition for In Forma Pauperis On this day of ~ July 2006 I am requesting financial help for this matter due to the fact that when Monika Potoniec left she left me with all bills due and with a court order of child support. So with this in mind I am left with minimal funds to pay for any legal services. Judge J;' C) II t C~ I::' ..../ ... " .. RICHARD J NEWTON PLANTIFF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs ~- 3P~ e~tL'T~ MONIKA POTONIEC DEFENDANT : CIVIL ACTION- CUSTODY PETITION OF EMERGENCY CUSTODY 1. I, Richard J Newton, pro se, residing at 66 BeechcliffDr Carlisle, Pa 17013, formally request petition of emergency custody to be filed against Monika Potoniec last known address 66 BeechcliffDr Carlisle, Pa 17013 for reasons listed below. 2. Richard Newton and Monika Potoniec are the parents of 1 minor child Octavia D Potoniec born July 18, 2004 in York County Pennsylvania. 3. I, Richard J Newton request emergency custody on the basis I feel Monika Potoniec is a flight risk since she is from Poland and is not a US Citizen. 4. Since her arrival in to the United States she has changed her residence in the excess of 22 times and in the last 22 months she has moved 4 times. 5. Octavia has lived with both parents from birth till December 2004, March 2005 to Current. 6. Monika has transferred a large sum of monies in the amount of$ 7500.00 to Poland On June 30, 2006. 7. Dad has had a stable job since March of 2005 and at times working 2 jobs to provide for Octavia. 8. Monika has made serious comments before that she will move to Poland and take Octavia with her and no one will ever see her again. 9. Father has a stable home for her and the ability to care for Octavia. 10. Father able to provide a stable childcare environment with whom she has been with Since she was 3 months old. .".-, "... "- , 11. For the reasons I have stated above, I Richard J Newton request that I am awarded emergency custody of my daughter Octavia D. Potoniec. Ri ar J Newton 66 Beechcliff Dr Carlisle, Pa 17013 717-887-4660 tf... > .. CERTIFICATE OF SERVICE I, Richard J Newton, herby certify that on July 5, 2006 I served a true and correct copy of the forgoing Petition for Emergency Custody upon Monika Potoniec, by mailing same by first class mail, postage prepaid, addressed as follows: Monika Potoniec C/o Advanced Dermatology and Skin Surgery 950 Woodland Street Mechanicsburg, Pa 17055 (place of employment) Monika Potoniec 66 Beechcliff Dr Carlisle, Pa 17013 (Last known address) Monika Potoniec C/o Judith Fatigate 2539 S George St York, Pa 17403 (Long time friend) d J Newton 66 Beechcliff Dr Carlisle, Pa 17013 717-887-4660 ... ;~ c__ c. (, ~' ( .. RICHARD J. NEWTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA POTONIEC, DEFENDANT 06-3828 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of July, 2006, upon consideration of the Petition for Emergency Custody filed by Richard J. Newton, Pro Se, physical custody of the child, Octavia D. Potoniec, born July 18, 2004, is granted to the Father, Richard J. Newton until further Order of Court. IT IS FURTHER ORDERED AND DIRECTED that a hearing on the Emergency Petition shall be held on Monday, the 10th day of July, 2006 at 3:00 p.m. in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Sheriff of Cumberland County is directed to assist Richard J. Newton in securing custody of the child, at which time personal service of this order shall be made upon Monika Potoniec. By the Court, M. L. Ebert, Jr., J. Richard J. Newton, Pro Se ~ Copy O~~a v q ,.u~ . Plaintiff r ( Monika Potoniec, Defendant - C'Of'''f fi7at~ Cumberland County Sheriff's Department - ~{Jt 1/(.,./0'- ~ bas 7iJ .(' 1 'I \'." ',.. \ '-: 9 ~I'r n"\" . - I' J ""\ j - . ,.Iv..... , :}\) .. \ RICHARD J. NEWTON, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONIKA POTONIEC, Defendant 06-3828 CIVIL TERM IN RE: PETITION FOR EMERGENCY CUSTODY ORDER OF COURT AND NOW, this 10th day of July, 2006, after hearing on the plaintiff's petition for emergency custody, IT IS HEREBY ORDERED AND DIRECTED that the petition is granted. Custody of the child, Octavia Potoniec, born July 18, 2004, is granted to the father. IT IS FURTHER ORDERED AND DIRECTED that the Sheriff of Cumberland County shall assist Richard J. Newton in securing custody of the child. It is specifically ordered that Monika Potoniec not remove the child from the jurisdiction of this court, and that she surrender her passport and the passport of the child to the Cumberland County Prothonotary pending conciliation hearing in this matter. By the Court, Victor A. Neubaum, Esquire_ ~~ ~~ Q~' For the Plaintiff -r.-. V~..- , d ~ (lJU,h ft~, 7./0."(, :mtf -.,' <;. he,,\f-f- ./ 77 '.\1 \'\ \) \ '\\11 0,ij{L ~~, v ".. ~~, RICHARD J. NEWTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA POTONIEC, DEFENDANT : 06-3828 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 11 th day of July, 2006, the Court being advised by the Sheriff's Department of Cumberland County that Monika Potoniec has changed residence and is now residing in Chester County, the Order of Court dated July 10, 2006 in the above-captioned matter is amended as follows, IT IS HEREBY ORDERED AND DIRECTED that any Law Enforcement Agency within the Commonwealth of Pennsylvania is authorized and directed to assist Richard J. Newton in securing custody of the child, Octavia D. Potoniec, born July 18, 2004. The remainder of the attached Order shall be in full force and effect. By the Court, M.~~.J~ ~ Victor Neubaum, Esquire - Cooy ~::z.t~l.. 7; ~/!O~A"I Attorney for Plaintiff I If -.r- ( - a,:>y hlat LV:( 7/11 /0 ~ ~ Cumberland County Sheriffs Department - Cof(f tjIt;s 7/"/11,. bas J. Monika Potoniec Defendant (":': :I~: r ',/ 11- , <' .,1 ~. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-03828 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEWTON RICHARD J VS POTONIEC MONIKA R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named RESPONDANT , to wit: POTONIEC MONIKA but was unable to locate Her in his bailiwick. He therefore returns the ORDER OF COURT NOT SERVED , as to the within named RESPONDANT , POTONIEC MONIKA 2539 S GEORGE STREET YORK, PA UNABLE TO SERVE PRIOR TO HEARING. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 2-$ . 00.1 RI CHARD NEWTON J 07/11/2006 7t')...q/()y SO~~ cR. Thomas Kl ine ' Sheriff of Cumberland County 9--- Sworn and Subscribed to before me this day of A.D.