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Home My WebLink About94-02204 I >-.1 q1 ! .-- : ..,: :]1 ~i ,j i I Ji , ! I '::J--i Q] ~1 CO , , I .....-.;::,:.r~,':.:.... * kr" R., bcr('ck~laintif:f V : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA , , :CIVIL ACTION - LAW : .;) t90 L\ :NO. q 1..1 - CIVIL ;J vsrph 0 WOr\/?;jendant :CUS'l'ODY/VISI,TATION ORDER OF COUR~ ,4flf"\ 8fJ It{qlJ AND NOW, this rdate) , 1, upon consideration of the attached complaint, it is hereby directed that the parti~s a~d their respective couns~ appear before ~&'IrnL(r I C /1'2f!f- s r.!54 , the conciliator, at .5 ~ ~ N - / d. th Sf- _ L (-M. Olt.!JP on the ~day of JVl.rH' , 19'Q4, at 1 /?/111 M" for a Prehearing 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, Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order, * 19 ~.fL FOR THE COURT: 'P/ YOU SHOULD TAK8 THIS PAPER 'l'O YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'l'O OR TELEPHONE THE OFFICE SET FORTH BELOW 'l'O FIND OUT WHERE YOU CAN GET LEGAL HELP, ei- .;J~- Custody Conciliator By: OFFICE OF THE COURT ADMINISTRA'l'OR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 r r\f; Cd ,li(.i\,_,,",:."'t C\:'l-: ,. '. .\;i~1 '> . ,,\1 f' : : i ;.: ':"' _'~' \ j, t ;\ ~PR 2~ 7. 3\1 :~ '~q \ .. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACTION - LAW q 'f ~ Ol. ;t (l 'f- (\,vJi.::I..vv....... : NO. CIVIL 1994 LAURA R. GORECKI, Plaintiff JOSEPH D. WORLEY, Defendant : CUSTODY 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 THE 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. JOSEPH D. WORLEY Defendant : NO. CIVIL 1994 COMPLAINT FOR 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 Joseph D. Worley, residing at 478 South Water Street, Apartment #10, Gallatin, Tennessee 37066. 3. Plaintiff seeks sole legal and physical custody of the following child. ~ Present Residence Al!elDOB Jared Worley 228 Marlette Drive Mechanicsburg, PA 17055 3 -7/27/90 The child was 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 ums Laura Gorecki Sandra Gorecki (half sister) Joseph Worley 3/1/91 - present 228 Marlette Drive Mechanicsburg, PA 17055 3/16/91 - 1/23/92 (periodically) - . Laura Gorecki Sandra Gorecki 1112 Green Street Harrisburg, PA Birth - 3/1191 The mother of the child is Laura R. Gorecki, currently residing at 228 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is single. The father of the child is Joseph D. Worley, currently residing at 478 South Water Street, Apartment #10, Gallatin, Tennessee 37066. He is single. 4. The relationship of the defendant to the child is that of father. Plaintiff has no knowledge of with whom the defendant resides. 5. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: ~ Relationshio Sandra Gorecki Jared Worley Daughter Son 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 has 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. WHEREFORE, plaintiff requests the court to grant sole legal and physical custody of the child to Laura R. Gorecki. Date~4 ~nal; Q ,ltJ1Jl1 c-< cJl::.- MARIA S. MARCZAK...) Student Attorney ~~.~ HARVE A. FELDMAN THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 -=r en - ~>- .... ..'~ ..: ': .,"',.'l - a U> '" !:::? , ,.'.J -,I:t":'!; "J";- ..1 -, .... ., .- ('o.J ~ ---: ::;1': ',<-'l.. , t,d '0 Q \,j lrjl") J a Op",-CJI. .i99'1cho- LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY ~ q'f _ do. ':J.. L' <l (L~;:r ~'Vfo.ooJ : NO. CIVIL 1994 JOSEPH D. WORLEY Defendant ORDER OF COURT AND NOW, this)) r)/ day of fJ-~-',,' \ L-,'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, )C/M"'( r:: ~/ I J. ;,;,. d.:t or ; . . "O/,c',.\hY CL:'~~':,'.:'~i;" C(~:lj''r PUPi':.'T.. ,',',;0.1 APR 27 9 3D 4H '9~ LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY JOSEPH D. WORLEY Defendant : 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~ V!llCLU'{).p-.\YllillC'JI 1.-, Maria S. Marczak 0''- Student Attorney ~Q.~ THOM M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 I , I i i I I i , . LAURA R. GORECKI Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. CIVIL 1994 JOSEPH D. WORLEY Defendant : CUSTODY AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA 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: nla Salary or wages per month: n/a Type of work: n/a 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: n/a Other self-employment: n/a Interest: nla 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: n1a 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: n/a Certificates of deposit: n/a Real estate (including home): n/a Motor vehicle: Make: Dodge Station Wagon Year: 1977 Cost: $600 Amount Owed: $0 Other: (f) Debts and obligations Mortgage: n/a Rent: $350.00 Loans: n1a 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 Jared Worley 3 Other persons: none Name: Relationship: . . 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. ~74904, relating to unsworn falsification to authorities. Date ?<02/~~ ry:;~d/{~6!v/ -~ LAURA R. GORECKI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY JOSEPH D. WORLEY Defendant : NO. CIVIL 1994 A~~~EY'S AFFIDAVIT SUPPORTING PETITION EAVE 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. Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto. Date~ -J )( CI H'Q, ~~ .'{lla ,)(,,01 Maria S. Marczak () Student Attorney 0,. C' THOMA . PLACE ROBERT . RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 -- C'o.J 0.: n... .c-,: ,. .. -::.- "" . ?;... ...t t_ tu:-:~.I l.-~ '.. .. ,..: ,:.: <';'.'~ : ( .-: '-4 "~ ,J ..:~~;: ." :0:: -." <1, IT, :2 '.j '-. ," ,~ ;.5 u JOSEPH D. WORLEY, Defendant : NO, 2204 CIVIL 1994 '2 0' ,~ LAURA R. GORECKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Paige Rosini. Certified Legal Intern. Family Law Clinic, hereby set forth as follows: 1. On April 14. 1994. the Family Law Clinic received confirmation from defendant's parole officer, WiIliam R, Parsons. that defendant was currently on parole in Tennessee and his current address was Joseph D. Worley. 478 South Water Street. Apartment #10, Gallatin, TN 37066. 2. A true and correct copy of the Complaint for Custody was mailed to the defendant at 478 South Water Street, Apartment #10. Gallatin. TN 37066, United States mail, certitied. restricted delivery, return receipt requested. postage prepaid. on May 11, 1994, 3. Said certified/restricted letter was returned. "unclaimed. n to the Family Law Clinic on June 6th or 7th. 1994, 4. Telephone message was left with William R, Parsons. defendant's parole officer, on June 14. 1994, The purpose was to confirm the current address of the defendant. 5, The true and correct copy of the Complaint for Custody was mailed United States mail. certified. restricted delivery, return receipt requested. postage prepaid, on June 17. 1994. Said complaint has not yet been returned. 6, A duplicate Complaint for Custody was also mailed United States mail. regular mail. postage prepaid. on June 21. 1994. Said duplicate complaint was returned "attempted/not known," during the week of June 27. 1994. 7. On June 29. 1994. William R. Parsons contacted the Family Law Clinic and informed the Clinic that the defendant had moved to 573 Long Hollow Pike. Lot #73, Gallatin, TN 37066. Mr, Parsons also informed the Clinic that the defendant changes addresses frequently and that the defendant told him he would not sign anything or sign for anything that arrived at his address. 8. A duplicate Complaint for Custody was mailed to defendant at 573 Long Hollow Pike, Lot #73, Gallatin. TN 37066. United States mail, certified, restricted delivery. return receipt requested, postage prepaid, on July I. 1994. Said duplicate complaint has not yet been returned. 9, A duplicate Complaint for Custody was mailed to defendant at 573 Long Hollow Pike. Lot #73, Gallatin. TN 37066. United States mail, regular mail, postage prepaid, on June 29, 1994. Said duplicate complaint has not yet been returned. I / 7 /11 Date( I . -~ '~'--:-. ~ ("/~/'n{)~ 0fJe ~~ Paige Rosi . Certified Legal Intern . Fold at line ovor top a. envelope to the right 0' the return address FAMILY LAW CLINIC 45 North Pitt S~t Carlisle, Pennsylvania 17013 , ~ ' r:-~1~' ,,~~,,~ ~. ',- -, , . ,." " . . - . .. i ~, r . ., " , . '.' t. 371l66-3360 04 . ,ll1l1d..dU....lIl..llllJ.'1 . 1'.. J 1,11 I' .&!Jl , , . .. . - .- r' 1 ~i\'{ P 134 2'l'1 L.:HJ \/1), ~ Certified Mail Receipt No Insurance Coverage Provided '. 00 not use lor Inlernalional Mail - .:.-;;:t.D.1~\ (See Reverso) Senllo MR. JOSEPH D. WORLEY Slf'1e"oSOUTH WATER STREE ~~ P 734 297 933 \' ~ Certified Mail Receipt No Insurance Coverage Provided ___ Do not use tor Intornational Mail ~..:urJ'::J (Soo Aeverse) ~6~EPH D. WORLEY SItH' & No 573 LONG HOLLOW PIKE peA't'tA~fYf, TN 37066 TN 37066 PosI'? Certlll8dFee Postaoe $ s: 1&0 CertlftOdFeo Specl!1 Ot'IP..'r Fee _ Spec.a' D&ll'o1lrr" oN n'''tllCl8d Oehv{OlY rCf' c:< :rO /. c:9 () Return Receipt Showr'ng ~ 10 Whom & Date Delivered .... Relu,n Reea 10 ~ Dale, & . .,(,a " .., TOfAL e:i & Fe(tS Q CO M E .f U) a. _ RestrICted Otthwry ~ ~~o /.0-0 Relum "&Crllpl Show-'ng ~ 10 Whom & Dalll [)tp(,V(l'l'd Co , - R"",lfnR ,.. '"g'oWhntn ~ oar8, -0.' O. 'v " .., o Q CO M E & U) a. ,~ . . , '::r- :;n ." '_ "'= a~ I. m o - r_ ~ ,. ~ '- ,., '- \ \ J UL 11 199. ~ I vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl.vANIA NO. 94-2204 CIVIl, TERM LAURA R. GORECKI, Plaintiff JOSEPH D. WORLEY, Defendant CUSTODY AND NOW, this ~ (2; day of , 1994, upon receipt of the conciliator's report, it appearing in this case, the Defendant, Joseph D. Worley, is currently on parole in Tennessee and has not had any contact with the child for a period in excess of two years, we enter the following order: 1. [,egal custody of the minor child, Jared J. Worley, born July 2'/, 1990, is hereby awarded to his mother, the Plaintiff, Laura R. Gorecki. 2. Exclusive physical custody of the said minor child is hereby awarded to his I mother, the Plaintiff, Laura R. Gorecki. I 3. We make no provision at this time for temporary or partial custody of I child for the father and we make no provision for the father's visitation with I I I child, because of the father's history of violence. the the In the event that the father wishes to have contact with the child, we will set an appropriate schedule upon his petition to the court. By the Cou t, J. Paige Rosini, Esquire (Family Law Clinic) Attorney for Plaintiff - ~ u-fW..t-ll1....u."d.. "'.Ad;, , 7.', ,,,,,', ."'......,'......./,.... aJij, ,,' .,', (' _ Joseph D. Worley, Defendant 'I"/it ,...~ ~\l, ' sla ,~~..t \ I - \ -, I I /LAURA R. ! GORECKI, Plaintiff I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2204 CIVIL TERM vs. IJOSEPH D. WORLEY, I Defendant I IJUDGE PREVIOUSLY ASSIGNED: None : CONCILIATOR CONFERENCE SUMMARY REPORT CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-0(bl, the lundersigned Custody Conciliator submi ts the fOllowing report: I 1. The pertinent information concerning the child who is Ilitigation is as follows: I I NAME II Jared J. Worley I the SUbject of this BIRTHDATE CURRENTLY IN CUSTODY OF 27 July 1990 Plaintiff/Mother 2. A Conciliation Conference was held on 7 July 1994 and the following lindividuals were present: ILaw Clinic. I "affidavit which describes in detail their comprehensive efforts to make the Defendant. It appears that the Defendant is not cooperative and it ! the Plaintiff and her attorney, Paige Rosini, of the Family The Defendant in this matter was not served. Plaintiff's counsel filed an service upon is unlikely ithey will ever effect service upon him. 3. There is no question about this court having jurisdiction or this being the I,proper venue, since the child has resided here since birth. There is also no doubt :, ,that the Defendant is the father of the child, since he signed an acknOWledgment of , !that with the Pennsylvania Department of Public Assistance in 1991. \. - 4. This case is extreme in its facts. The father was convicted in 1981 in Potter County of third degree murder, as a result of his murder of his infant son. He served approximately 6 years of a 7 to 14 year sentence and then was released on parole. When difficulties developed between the mother and father in this case in 1991, his parole I Iwas revoked for drug abuse and assaultive conduct toward the mother. When he was I lireleased on parole the second time he went to Tennessee to live where he has apparently ,'!lived ever since. The mother says he has had absolutely no contact with the child Isince leaving the state in 1992. I! I I I enforceable order. I' 'Iwill give the police or other authorities the authority they need to remove the child Ifrom him and restore the child to the mother. ! Ii I I I 18 July 1994 The attached order will at least give the mother and child the protection of an If the father shows up and attempts to take the child. this order 5. With the entry of this order. no further action is required. ~Q..,~ Samuel L. Andes . Custody Conciliator >~..~.. . - , \. , , -' LAURA R. GORECKI, ) IN TilE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2204 CIVIl, TERM JOSEPIl D. WORLEY, ) Defendant ) CUSTODY ORDER AND NOW, this day of , 1994. upon receipt of the conciliator's report, it appearing that the father in this case, the Defendant. Joseph D. Worley, is currently on parole in Tennessee and has not had any contact with the child for a period in excess of two years, we enter the following order: 1. [,egal custody of the minor child, Jared J. Worley, born July 2'/, 1990. is hereby awarded to his mother, the Plaintiff, Laura R. Gorecki. 2. Exclusive physical custody of the said minor child is hereby awarded to his mother, the Plaintiff. Laura R. Gorecki. 3. We make no provision at this time for temporary or partial custody of the child for the father and we make no provision for the father's visitation with the child, because of the father's history of violence. In the event that the father wishes to have contact with the child, we will set an appropriate schedule upon his petition to the court. By the Court, Paige Rosini. Esquire (Family Law Clinic) Attorney for Plaintiff Joseph D. Worley, Defendant sla J. III ~ 0 z ~ 0 < ~ !:: ~ (!l l< = < ~ ~ ell :i ~ if. = ~ :< :r. ~ 5 ~ ~ >- :I: '" ~ 0 '" 0 >- ~ ~ if. '" Z OJ z ~ ci '" ~~ = ~ ~ '" ~ 0 = iJ ~ 0 III z if. >- ~ ~ 0 " A ~ :r. iI ., < ... .... 'f' ',' ~. . , , JUL 11 '1994 , I.":'; " .. JUL 11 1994 riA- ANDES, VAlfOllS & BANOS ATTORNEYS AT I.AW r\Ur\ NOUTtI TWHLFTIt STREET H 0, HOX 108 8AMUEL L. ANDEN oroonoE A. VAuonH, OJ NICJI,UU. 1- nANON oJ, BART DaWNS LEMOYNE, PENNSYLVANIA 170ol,a TaUPUOHIl 17111 101. D:JBI 8 JUly 1994 .oUt 17171701.1438 Mr. Richard pierce Court Administrator's Office 1 Courthouse Square Carlisle, PA 17013 Dear Rick: Enclosed is my report and order in Gorecki vs. Worlev. Please give both copies to the plaintiff's counsel so they can make an effort to serve the father his copy. Thank you. sincerely, ANDES, VAUGHN & BANGS >-~ 1.!IA. u. Samuel L. Andes le Enclosure