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HomeMy WebLinkAbout95-01073 ~ ~ ~ 6- -7 c ~ ~ ~ ~ d C'V) r- () --. I In I 0--/ of <: . '.I -'" , '.,' ,:: ,'." J I j I hAK ~ 0 1995 .l'" ' v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY 10'1.3 : NO. 9S- CIVIL TERM THERESA Y. MASON, Plaintiff CHRISTOPHER MUELLER, 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 visitalion 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 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY THERESA Y. MASON, Plaintiff CHRISTOPHER MUELLER, Defendant /0'13 : NO. 95- CIVIL TERM COMPLAINT FOR CUSTODY AND NOW, the defendant, Theresa Y. Mason, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Theresa Y. Mason, residing at 123 E. Louther St., Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Chrislopher Mueller, residing al Rodeway Inn, 1239 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013, 3. Defendant seeks custody of the following children. ~ Present Residence Date of Birth Amber Mueller Cody Mueller 123 E, Louther St., Carlisle, PA 17013 123 E, Louther St., Carlisle, PA 17013 4/4/90 9124/94 The children were born out of wedlock, The children are presently in the custody of Theresa y, Mason, who resides at 123 E. Louther St., Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses J:!am Theresa Mason, Cody Mueller, Amber Mueller 123 E. Louther St, Carisle, PA 17013 10/94 - present Theresa Mason, Sue Stoner (Plaintiffs mOlher), David Stoner (PI's brother). Amber and Cody Mueller 105 E. Allen St., Apt. 316, Mechanicsburg, PA 9/93 - 10/94 Theresa Mason. Sue Stoner. David Stoner, Arnber Mueller 1729 English Drive. Mechanicsburg, PA 10/92 - 9/93 Theresa Mason, Kenneth Mason (estranged husband), Tyler Mason, Amber Mueller 353 E. Liberty. Chambersburg, PA 12/91 - 10/92 Theresa Mason, Theresa's grandmother, Tyler Mason. Amber Mueller 235 Nelson St., Marion, PA 12/89 - 12/91 The mother of the children is Theresa Y. Mason, currently residing at 123 E, Louther St., Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the children is Christopher Mueller. currently residing at Roadway Inn, 1239 Harrisburg Pike. Carlisle. Cumberland County. Pennsylvania, 17013, He is single. . 4. The relationship of the defendant to the child is that of father. 5. The relationship of plaintiff to the child is that of mother. The p,laintiff currently resides with the following persons: ~ Relationshio Amber Mueller daughter Cody Mueller son 6. Plaintiff has not participated as a party or witness. or in another capacity, in other liligation concerning Ihe 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 nol 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 pernlanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parenlal duties and enjoys the love and affection of the children; 8. Each parent whose parental rights to the child have nol been terminated and the person who has physical custody of the child have been named as parties to this action. Date WHEREFORE, plainliff requests the court to grant custody of the children. , . 1,/'1 /--/ ~:)-21-r,)- ( ~t 1..-1' f..:.tl/ -'--, 'Michele'L. Belluzz Srudenl Attorney o /' /___ o' I 'L .' ' "'-I.- /'0t., -:, Is..-~ THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER Supervising Attorney THOMAS L. PEELER Staff Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 717/240-5204 Date ~\=' ' d ;J. \ ( f\ S '1., i\. ~ ^ Theresa Mason COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statemenls made in Ihis Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsific~tion authorities. 1'<.,' #f "7.,-'/ '/< THERESA Y. MASON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY CHRISTOPHER MUELLER. Defendant 10'13 : NO. 95- CIVIL TERM ORDER OF COURT AND NOW, this ~ ....~ day of /\/,Ct,\c./.-,. 1995, on consideratloQ 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, Cl,( t~1 E. J, I. < !_';' \'1, -'.1.; "fIde; ,,;,"l;,.~ r,,\j~' ~'~"1"'ln", \1/" .."" ", '" '~v"..,IH, j :H~ .10 1~IJ,!O ,; 56. UVZE" E HJH THERESA Y. MASON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN : CUSTODY v. CHRISTOPHER MUELLER, Defendan! : NO. 95- CIVIL TERM AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS I. I am the Plaintiff in the above matter and btcause of my financial condition am unable to pay the fees and cosls 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: Theresa Y. Mason Address: 123 E. Louther St., Carlisle, PA 17013 Social Security No.: 194-56-0251 (b) Employment Not presently employed Date of last employment: 1/92 Salal)' or wages per month: $4.25/hr. Employer: McDonald's (c) Other income within the past twelve months Business or profession: nla Other self-employment:nla Interest: nla Dividends: nla Pension and annuities: nla Social securily benefits: nla Support payments: $1oo.oo/mo. (has not received any yet) Disability payments: nla Unemployment compensation and supplemental benefits: nla Workman's compensation: nla Public Assistance: $403.oo/mo, Other: food stamps $244.oo/mo. TOTAL: $647.00 (d) Other contributions to household support Name: nla Employer:nla Salary or wages per month: nla Type of work: nla Contributions from children: nla Contributions from parents: nla Other contributions: nla (e) Property owned Cash: nla Checking accounl: $SO,OO balance Savings account: $S.OO balance Certificatcs of deposit: nla Real estate (including home): nla Motor vehicle: nla (0 Debts and obligations Rent: $lO.oo/mo.(HUD housing) Loans: nla Other: $Ioo.oo/mo. gas bill; $38,oo/mo. electric bill; $SO.oo/mo. phone bill; $304.oo/mo. food; $loo.oo/mo. children's clothing/activities; $45.00 personal/household items TOTAL EXPENSES: $647.00 (g) Persons dependent upon you for support Children, if any: Name: DaB: Amber Mueller 4/4/90 Cody Mueller 9/24/94 Other persons:nla 4. I understand Ihat I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date ~b. (5; ;QQ0' .jh OJ-. Q..L\Cl t/.\:=; {\II OvDO-f\.. THERESA Y." MA$YN1 ' I . . , Plaintiff THERESA y, MASON, Plaintiff : IN THE COURT OP COMMON PLEAS OP : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY CHRISTOPHER MUELLER, Defendant : NO. 95- CIVIL TERM ATI'ORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Michele L, Belluzzi, of the Family Law Clinic, which is representing 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. The Affidavit of Plaintiff, showing inability to pay Ihe costs of litigation, is attached hereto. Date c:2 --;21 "f{ J LL- ~ 1.J.........;1 I--).:.;...I'~ THOMAS M. PLACE ROBERT E. RAINS UNDA E. FISHER THOMAS PEELER Supervising Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 717/243-2968 APR 1219950""' THERESA Y. HASON, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1073 - CIVIL - 1995 . . CHRISTOPHER MUELLER, Defendant : :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this l'3fl..day Of~, 1995, upon consideration of the attached Custody ConcHiation Report, it is ordered and directed as follows: 1. The Mother, Theresa Y. Mason, and the Father, Christopher Mueller, shall enjoy shared legal custody of Amber R. Mueller, born April 4, 1990, and Cody J. Mueller, born September 24, 1994. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children at such times as agreed upon by the parties. 4. This Order is entered pursuant to the attached Custody Conciliation Report. If Father is dissatisfied with the terms of this Order and desires a modification, Father may petition the Court to have the case again scheduled with the Custody Conciliator. 5. Mother's counsel is directed to serve by regular mail a copy of this Order and the attached Custody Conciliation Report on the Father. BY THE COURT, cc: Michele L. Belluzzi-Family w Clinic '- ~ ~ 4J/3/9S: .;,.6'. Ava 13 \0 30 ~~ '95 .' )lrlCt Of lrt, 1.!(JH'~f,'."Y f,t'll';r" : ~; lJ\J~ f'f' ~l;;~~ !';);;;t:~ il , , , ! \ I. ~ en ':>- "-:' ..- ::c: -'1: .... U'l ro :- .~- \- .... '-' = It.