HomeMy WebLinkAbout06-6737
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETTE L. WHITE,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2006- (, 7 :5 7
MICHAEL L. WHITE,
Defendant
IN CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE
ALA WYER 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
(717) 249-3166
...
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualguier queja 0 alivio que es pedido en la peticion
de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted.
LLEVE ESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SINO TIENEABOGADO
o SINOTIENEELDINERO SOFICIENTEDEPAGAR TALSERVICO, V AYA EN PERSONAL
o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A
ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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Anriette L. White, Plaintiff
152 Peach Lane
Carlisle, Pennsylvania 17013
Pro Se
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETTE L. WHITE,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2006- (, 131 ~ -r A4-
MICHAEL L. WHITE,
Defendant
IN CUSTODY
COMPLAINT FOR PRIMARY CUSTODY
AND NOW, this 2t....t day ofNovember, 2006, comes Plaintiff, Annette L. White, and files
the following Complaint for Primary Custody in support thereof avers as follows:
1. The Plaintiff is Annette L. White, who resides at 152 Peach Lane, Carlisle,
Pennsylvania 17015.
2. The Defendant is Michael L. White, whose last known residence was 145 4th Street,
Thomasville, Pennsylvania 17364.
3. The Plaintiff seeks primary custody and visitation of the following child:
Name
Present Residence Age D/O/B
Zachary E. White
152 Peach Lane 8 September 16, 1998
Carlisle, Pennsylvania 17015
Zachary was born of the marriage of Plaintiff and Defendant.
Zachary is presently in the physical custody of the Plaintiff.
In addition to Zachary's present address, during the past five years, he has resided with the
following persons at the following addresses:
a. From November of 2001 to December of 2002 with Plaintiff, Plaintiffs
parents, Catherine and Charles Zeigler, and Plaintiffs daughter, Deona Zeigler at 2001 Redbank:
Road, Lot 404, Mountainview Terrace, Dover, Pennsylvania;
b. From December of 2002 to December of 2004 with Plaintiff and Deona
Zeigler at 131 2nd Street, Enola, Pennsylvania;
c. From December of2004 to March of2005 with Plaintiff, Deona Zeigler and
occasionally the Defendant at 343 Maple Lane, Carlisle, Pennsylvania;
d. From March of 2005 to July of 2006 Zachary was in the custody of
Cumberland County Children and Youth Services;
e. From July of2006 to November 14,2006 with Defendant at various addresses
in Y orkhaven, Dover and Thomasville, Pennsylvania;
f. From November 14,2006 to present with Plaintiff, Catherine and Charles
Zeigler, and Plaintiff's children, Dakota Zeigler and James Patrick McGovern, Jr., at 152 Peach
Lane, Carlisle, Pennsylvania.
The mother of Zachary is the Plaintiff who resides at 152 Peach Lane, Carlisle, Pennsylvania
17015.
The father of Zachary is the Defendant whose last known address was 145 4th Street,
Thomasville, Pennsylvania.
4. The relationship of Plaintiff to Zachary is that of natural mother. The Plaintiff
currently resides with Catherine and Charles Zeigler, Dakota Zeigler, James Patrick McGovern, Jr.,
and Zachary.
5. The relationship of the Defendant to Zachary is that of natural father. It is unknown
with whom Defendant currently resides.
6. Plaintiff has participated in other litigation concerning the custody of Zachary in this
or another court, namely in the Court of Common Pleas of Cumberland County, Pennsylvania
Juvenile Matter docketed at CP-21-JV-92-2005.
The Plaintiff has no information of a custody proceeding concerning the custody of Zachary
in this or any other court other than that referenced above.
The Plaintiff does not know of a person not a party to the proceedings who has physical
custody of Zachary or claims to have custody or visitation rights with respect to her.
7. The best interests and permanent welfare of Zachary will be served best by granting
the relief requested because:
a) The Plaintiffhas shared physical and legal custody of Zachary since Zachary's
birth;
b) The Plaintiff can provide Zachary with a home with adequate moral,
emotional and physical surroundings as required to meet Zachary's needs;
c) The Plaintiff is, and has always been, willing to accept custody of Zachary;
d) The Plaintiff continues to exercise parental duties and responsibilities and
enjoys the love and affection of Zachary; and
e) The Plaintiff provides a more stable home environment.
8. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of Zachary has been named as parties to this action. There are no
other persons who are known to have or claim a right to custody or visitation of Zachary.
WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant her physical
custody and legal custody of Zachary E. Zeigler.
Respectfully submitted,
~dtJt1'L
ette L. White, Plaintiff
152 Peach Lane
Carlisle, Pennsylvania 17013
Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETIE L. WHITE,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2006- L,731 ~TL-
MICHAEL L. WHITE,
Defendant
IN CUSTODY
PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
AND NOW this ~ay of November, 2006, comes Petitioner, Annette L. White and
represents as follows:
1. Petitioner, Annette L. White, is an adult individual sui juri, who resides at152 Peach
Lane, Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is seeking a modification of the existing custody Court Order and due to
financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's
Financial Affidavit attached hereto as Exhibit "A".
WHEREFORE Petitioner requests that an Order be entered granting leave to proceed in this
matter in forma pauperis without the payment of costs.
Respectfully submitted,
ette L. White, Petitioner
152 Peach Lane
Carlisle, Pennsylvania 17015
Pro Se
F:\User FoIda'\Firm Docs\Gend0cs2006\fonn.inpaupcris.wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETTE L. WHITE,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 2006-
MICHAEL L. WHITE,
Defendant
IN CUSTODY
AFFIDAVIT
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 or defending 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:
Annette L. White
Address:
152 Peach Lane, Carlisle, Pennsylvania 17015
Social Security Number: 164-68-3256
(b) Employment
If you are presently employed, state
Employer:
Unemployed due to mental health disability
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
F:\User Foldc:rlFirm Docs\Gcnd0cs2006\fonn.inpauperis. wpd
Date of last employment:
Salary or wages per month:
Type of work:
July of 2003
$1,000.00 per month
Clerical Work
(c) Other income within the past twelve months
Business or profession: None
Other self-employment: None
Interest: None
Dividends: None
Pension and annuities: None
Social security benefits: $626.00 per month
Support payments: None
Disability payments: None
Unemployment compensation and supplemental
Benefits: None
Workman's Compensation: None
Public assistance: Medical Assistance
Other: None
(d) Other contributions to household support
(Wife )(Husband) Name: N/ A
If your (wife)(husband) is employed, state
Employer: N/ A
Salary or wages per month: N/ A
Type of work: N/A
Contributions from children: N/ A
F:\UlItI' Foldcr\Firm Docs\Oend0cs2006\form.inpaupcris.wpd
(e)
Contributions from parents: Live with parents
Other contributions: None
Property Owned
Cash:
None
Checking account: None
Savings account: None
Certificates of deposit: None
Real estate (including home):None
Motor Vehicle: Make: Nt A, Year
Cost , Amount Owed
Stocks; bonds:
Other:
None
None
(f) Debt and obligations
Mortgage: None
Rent: None
Loans: None
Other: None
(g) Persons dependent upon you for support
(Wife )(Husband) Name: Nt A
Children, if any:
Name: James P. McGovern, Jr.
Dakota Zeigler
Zachary E. Zeigler
Other persons:
Age 1 year
12 weeks
8 years
F:\User Foldc:r\Finn Docs\Gcnd0cs2006\fonn.inpaupcris. wpd
Name:
None
Relationship:
None
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 true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsification to authorities.
Date: /l-~- OLQ
!I~
Annette. te
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND )
On this, the 22~ day of November, 2006, before me, the undersigned officer,
personally appeared, Annette L. White, known to me or satisfactorily proven to be the person whose
names is subscribed to the within instrument, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my h d and official seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NotaIlaI Seal
Dolly M. Housel, Notary Public
MIddlesex Twp., CunberIand County
My CoIr...iadiun Elcplt98 Sept. 24, 2010
Member, Pennsylvania AIeocIat/on Of Notaries
F:\Uscr Folder\Firm Docs\Oend0cs2006\form.inpauperis.wpd
. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETTE L. WHITE,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 2006-
MICHAEL L. WHITE,
Defendant
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Plaintiff, Annette L. White, to proceed in formal pauperis.
I, Annette L. White, Plaintiff in the above-captioned matter, certify that I am unable to pay
the costs and that I have filed an Affidavit regarding my financial condition.
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e~e. 'te
F:\User FoIder\Finn Docs\Gcnd0cs2006\form.inpauperis.wpd
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ANNETTE L. WHITE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-6737 CIVIL ACTION LAW
MICHAEL L. WHITE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, December 01, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 15, 2006
, the conciliator,
at 10:30 AM
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.
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 hearin2.
FOR THE COURT.
By: /s/
Hubert X Gilroy. Esq.
Custody Conciliator
{Jf'
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
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
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANNETTE L. WHITE,
Plaintiff
CNIL ACTION - LAW
v.
NO. 2006-6737
MICHAEL L. WHITE,
Defendant
IN CUSTODY
ORDER
t"
AND NOW, this ~ day of Oe.c...
, 2006 upon consideration of the within
Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court
further being satisfied that Petitioner is unable to pay any of the costs of these proceedings, it is
therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed
with the above-captioned custody action in forma pauperis without payment of costs.
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ANNETTE L. WIDTE,
Plaintiff
I
DEe 2 8 200st J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2006-6737
CIVIL ACTION - LAW
MICHAEL L. WHITE,
Defendant
IN CUSTODY
COURT ORDER
J '~\l "'''''I J 1 ~(;) 7
AND NOW, this 2. t\~ day of ~er,;09t( upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Annette L. White, shall enjoy legal and primary physical custody of
Zachary E. White born September 16, 1998.
2. The Father, Michael L. White, shall enjoy periods of visitation with the minor child
at such time and under such circumstances as agreed to by the Mother.
3. In the event the Father desires to have this matter again brought before the Court,
Father may petition to have the case scheduled for another custody Conciliation
Conference.
BY THE COURT,
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udge
...
ANNETTE L. WHITE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2006-6737
CIVIL ACTION - LAW
MICHAEL L. WHITE,
Defendant
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
I. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Zachary E. White, born September 16, 1998
2. A Conciliation Conference was held on December 15, 2006 with the following
individuals in attendance:
The Mother, Annette L. White, who appeared pro see The Father did not
appear.
2. The Mother relates that she got custody of the minor child on November 14th from
the Father's ex-girlfriend. She relates that the ex-girlfriend indicated that the Father
abandoned her and the child about a week before that and the girlfriend was taking
care of the child for one week. The child has been in the custody of the Mother since
that time, and the Mother has no information with respect to the whereabouts of the
Father. The Mother served the Father with notice of this Hearing, but the girlfriend
indicated that there was a certified letter which the Father had not picked up.
Accordingly, it is unclear whether the Father had notice of the Conciliation
conference. However, in light of the facts related to the Conciliator by the Mother,
the Conciliator recommends the Court Order as attached.
(~I_~ lJ~ 0 fo
DATE
V)4-011
Hubert X. ~~~, Esquire
Custody C?Ylliator
/