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HomeMy WebLinkAbout94-01466 ~ MAR 'J 'j '/'JJr" I I. ^-' ~''', LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY l:)Lj - IL//t.t" (iVI I T~( f'Yl : NO. CIVIL 1994 JOHN J. GORECKI Defendant ORDER OF COURT ')..$ ,..1 AND NOW, this - - day of /'J\ C4" 'V , 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, / tL'''' / {:J;(. J. >,,' ~ ..,111\;.1 \\' 1\~1t "'1~",1l~ ~ \~~.f\"\':l (\\r."" ,'" 10 ,"'ll~'J~l)\l'c, ,\- " ;~\~\' ~. ~~.. ~ ~l '''' LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN 1. GORECKI Defendant : CIVIL ACTION - LAW : CUSTODY : '14 - IL/llfc Clv,l Term : NO. CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Laura R. Gorecki, plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa.R.C.P. 1920.62 proceed in forma pauperis to the extent that she be relieved of all costs attendant to this action. Date 3lg/94 Maria S. Marc Student Attorney O-.~ THOMAS . PLACE ROBERT . RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pill Street Carlisle, PA 17013 717/243-2968 1, \i'. , ....._- LAURA R. GORECKI Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN J. GORECKI Defendant : CIVIL ACTION - LAW : NO. CIVIL 1994 'lY- 1L/u,fJ, : CUSTODY AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED lNFORMA PAUPERIS 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: Laura R. Gorecki Address: 228 Marlette Drive, Mechanicsburg, PA 17055 Social Security No.: 169-44-6632 (b) Employment If you are presently employed, state Employer: none Address: nfa Salary or wages per month: nJa Type of work: nfa If you are presently unemployed, state Date of last employment: May, 1990 Salary or wages per month: $400.00 Type of work: accounts payable (c) Other income within the past twelve months Business or profession: nfa Other self-employment: nfa Interest: nJa Dividends: Pension and annuities: Social security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: $403.00 Other: $50.00 support pass-through (d) Other contributions to household support Name: nJa Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: none Checking account: yes. Balance - $2.90 Savings account: nJa Certificates of deposit: nla Real estate (including home): nJa Motor vehicle: Make: Dodge Station Wagon Year: 1977 Cost: $600 Amount Owed: $0 Other: (f) Debts and obligations Mortgage: nJa Rent: $350.00 Loans: nla Other: electric: $51.00 phone: $20.00 oil: $55.00 clothes: $5.00 car: $20.00 medical: $15.00 (g) Persons dependent upon you for support Children, if any: Name: Age: Sandra Gorecki 9 1ared Worley 3 Other persons: none Name: Relationship: Date 3lzzl~ 'y Maria S. Marc Student Attorney LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY JOHN J. GORECKI Defendant : NO. CIVIL 1994 qL/ - I'I/rf/ ATI'ORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Maria S. Marczak, of the Family Law Clinic, attorney for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Plaintifrs Affidavit showing inability to pay the costs of litigation is attached hereto. ~Q.~ THOM M. PLACE ROBER E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 717/243-2968 '....A" ..~ 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 understa.,d that false statements herein are made subject to the penalties of 18 Pa.C.S. 04904, relating to unsworn falsification to authorities. Date~-.:2d--P~ ~~~ /cxfbze (l0' / ":I" en - "C' "'- '" <:> (Y) ~ c-....r Q: " :.a:: f.~- ~ >->0 "'0- ..t ;r l~t';::;):! C.)-;eC1Z -00.r1, ~xo> ~.1.-~:;;.:! . <..:l.f;n , l:t: ~J:J" "!':"'h:.; , .I,.J-. , ".;} \~I . ,..:;r'- -, ~l..> 'J .""" , - MAR 2 ~ i~8it (~)'-" . LAURA R. GORECKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL 1994 : 91./. I'I~~ c"~11 7u/Yl : CUSTODY v. JOHN J. GORECKI, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 LAURA R. GORECKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. JOHN 1. GORECKI, Defendant : NO. CIVIL 1994 q~. 14&~ (,'~II rum COMPLAINT mR CUSTODY AND NOW, the plaintiff, Laura R. Gorecki, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Laura R. Gorecki, residing at 228 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is 10hn 1. Gorecki, residing at 28 South Madison Avenue, Hammonton, New 1ersey 08037. 3. Plaintiff seeks custody of the following child. ~ Present Residence AllelDOB Sandra Gorecki 228 Marlette Drive Mechanicsburg, PA 17055 8 - 3/14/85 The child was not born out of wedlock. The child is presently in the custody of Laura R. Gorecki, who resides at 228 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Data Laura Gorecki 228 Marlette Drive 1ared Worley (half brother) Mechanicsburg, PA 17055 3/1/91 - present '. Sandra Gorecki loseph Worley Laura Gorecki lared Worley (half brother) Sandra Gorecki lohn Gorecki lason (half brother) loseph Worley IimReese 1112 Green Street Harrisburg, PA 3/18/91 - 8111/91 5/1/85 - 3/1/91 Laura Gorecki lohn Gorecki Sandra Gorecki #7 Richland Lane Camp Hill, PA Birth - 4/31/85 The mother of the child is Laura Gorecki, currently residing at 228 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is single. The father of the child is lohn Gorecki, currently residing at 28 South Madison Avenue, Hammonton, New lersey 08037. He is single. 4, The relationship of the defendant to the child is that of father. The defendant resides with his fiancee, loyce Albano. 5. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: ~ Relatlonsblo lared Worley Son Sandra Gorecki Daughter 6. 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 hu physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child; e) Defendant has not indicated to plaintiff an interest in accepting custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. t... ,,'~ "'0'.- . .. ' WHEREFORE, plaintiff requests the court to grant her primary physical and legal custody of the child, subject to partial custody by the father. Date~ '111cWLid. t)(CUf3Qj Maria S. Marczak Certified Legal Intern ~a.~~~ THOMA M. PLACE ROBERT . RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 , \5 ~ >- ~l: ..,t;:.';~ ~:"CI-. I&., a CJ:r I.. ro;; 0 ? ~- :r. -' "I :!-.r~" 1_" ~:k;~..l~ ~"'} ._wl...r. l'.'r.~:I~l; ~ J.. L~ ~ iE en Q C"') o ~ <>: .. ::&.: ... :"'J ot..~ MfH\ (~)'-' ,;,.~ IJ1}'1 LAURA R. GORECKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JOHN J. GORECKI, Defendant : NO. CIVIL 1994 qL{ - fLI MfJ . ", ~ (ivl/ l(l(fh CERTIFICATE OF SERVICE I, Maria Marczak, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Custody Complaint and Agreement on John J. Gorecki, residing at 28 South Madison Avenue, Hammonton, New Jersey, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 2nd day of March, 1994. 'I1!.4JIA!J vfJ(IJfj k Maria Marc ( Certified Legal Intern :'"--"-~,-_._._--~_..~-.. _..:- '1 , I .Iso wish to rec.lv. th. follOWing s.rYlc.s liar .n .xtre f..I: I . I J; ,9.. D' II: j' . o , . l~ ".- Jo-~- , .; PS Form _U.a. GPO: ttN 322 101 DOMESTIC RETURN RECEIPT ".~ '-= ~ 0'., ,'J '.,': ''''.'' , :~ ~~ ....... ...... "" ;:.~ ~ ~ - .... "'0- ;:!;;e ~n::)q' ,:::xc;.;.;: ~oC,.),\ 1,....:1:0> ,.....z..J '. '.).{ >- . or: _.VI ...a:--r. "Jh..Z .: C""~'O t-:l:"- "".~ o :c 0_ C> ~ ('I') ~ "I 5 ::c: \ ,. . ,. LAURA R. GORECKI, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUHBERLANDCOUNTY, PENNSYLVANIA . . v. . CIVIL ACTION - LAW . I JOHN J. GORECKI, I Defendant . 94-1466 CIVIL TERM . ORDER OF COURT AND NOW, this ll} 1t.day of March, 1994, upon consideration of the attached Custody and Visitation Agreement, the terms thereof are approved and made an Order of Court. BY THE COURT, J. Maria S. Marczak, Certified Legal Intern Family Law Clinic Harvey A. Feldman, Esq. Supervising Attorney Family Law Clinic :rc , :1: L,l HAR 29 10 S5 AH '9~ 4 r If{ or ,;,~Ji,-ornCE CUH~i~"~IHOH~lA~Y Pl N H"S:fNl~ f;,~!HY ... I'. 'c, -, . MAI~ ;;; ,': 1St LAURA R. GORECKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY v. JOHN 1. GORECKI, Defendant : NO. CIVIL 1994 '14- /4t.;,~ Civil Turn CUSTODY AND VISITATION AGREEMENT THIS AGREEMENT, made this 20~ay of Vl1'V~, 1994, between Plaintiff, Laura R. Gorecki, (hereinafter "Mother") and Defendant, 10hn 1. Gorecki, (hereinafter "Father") concerns the custody and visitation of the child: Sandra Gorecki, born March 14, 1985. Mother and father desire to enter into an agreement as to the custody of the child, Sandra Gorecki, made an Order of Court, and mother and father agree to the following: 1. The mother shall have primary physical and legal custody of the child, subject to partial custody by the father. 2. The father shall have partial custody at his residence at the following times: a. One week in the summer with at least two weeks prior notice to be given to the mother. b. Other times which shall be mutually agreed upon by the parties at a later date. 3. The father will pick up and return the child to the mother's residence. 4. The father shall refrain from drinking alcohol in the presence of the child. 5. The father shall not be under the influence of alcohol in the presence of the child. . 6. The father acknowledges that he has been informed that the Family Law Clinic represents only the mother in this matter and that the Family Law Clinic has given him no legal advice other than to seek his own counsel. 7. The undersigned parties intend to be legally bound by the terms of this agreement. Date 1004 "-. ~qf~~r?~~ . , ura R. Gorecki Maria S. Marczak Certified Legal Intern ~Q.~ ROBERT \RAINS THOMAS . PLACE LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Approved and entered as an Order of Court Date J.