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HomeMy WebLinkAbout95-01708 JAMES C. BLACK, III Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM LEESA E. BAKER, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA 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, defending, or appealing 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: James C. Black. III Address: 210 Lambs Gap Road Marysville, Pa 17053 Social Security Number: 206-50-1363 (b) If you are presently employed, state Employer: Stone Seiffer Pavin~ Address: Shiremanstown. PA (currently laid offl Salary or wages per month: S920.00/mo. Type of work: construction & pavin~ If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: _~1A (e) 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: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: $472.00/mo. since December Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support (Wife (Husband) Name: None If your (husband) (wife) is employed, state Employer: None Salary or wages per month: None Type of work: None Contributions from children: None (e) Property owned Cash: $5.00 Checking Account: $75.00 Sayings Account: None Certificates of Deposit: None Real Estate (including home): None Motor vehicle: Make None Year Cost Amount owed , - Stocks; bonds: None Other: None (f) Debts and obligations Mortgage: None Rent: 5200.00/mo. Loans: None Monthly Expenses: Food - 5100.00. transportation - 5100.00. support - 5120.00. counselinq - 520.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: None Children, if any: Name: Jason Baker 4 Yrs. Age: 4. I understand that I have a continuing obligation to inform ,the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: s-~q -~5 ~n$r,.M llL J es C. Black, III, plaintiff ~ .. ~ r:: ('f) >- ."...... ''1,;;'., fJ, I..' ~,. .~~ 1:2:':;-'" ~,.'Y/~~'. no, :: ;f-~':: 'I, . J.t;:,:'; ,.. -:<- ::~- :: - (.., .' ~,"'.\ ~ " * ~ till J ~ C (!, l"-c Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVAN~A , . v :CIVIL ACTION - LAW . . :NO. 9..5, J7Cit" CIVIL....:::t!t,-t 19 : CUSTODY/VISITATION * ~ (~tc-r Defendant " ORDER OF COUR!t' AND NOW, this f'?~fe;S/ J'1'i5 , upon consideration of the attached complaint, it is hereby directed that the part~es and their respective counsel appear berore JJ~w" C.. ~U,I'l!l.~t ps:, , the conciliator, at '3'1 !.th. ~of'l 5 t ' tvv-..#1........c.!>b'^0 on the ~(,- day or npr, , , 19 '1r, at <1~owlf~ M., ror a prehearing Custody Conrerence. At such conference, an errort will be made to resolve the issues in dispute; or if this cannot be accomplished, to derine 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 permanent order. FOR THE COURT: ~/ 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 BELOt, TO FIND OUT WHERE YOU CAN GET LEGAL HELP. By: A OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 COMPLAINT FOR CUSTODY 1. The plaintiff is JAMES C. BLACK, III, residing at 210 Lambs Gap Road, Marysville, Perry County, Pennsylvania, 17053. 2. The defendant is LEESA E. BAKER, residing at 316 11th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The plaintiff seeks custody of the following child: ~ Present Residence ~ 4 1/2 years JASON MATTHEW BAKER 316 11th Street New Cumberland, PA The child was born out of wedlock. The child is presently in the custody of the defendant, LEESA E. BAKER, who resides at 316 11th Street, New Cumberland, Pennsylvania. During the child's lifetime, he has resided with the fOllowing persons at the following addresses: ~ Address Defendant and child 316 11th Street New Cumberland ~ 12/94 to present . Defendant, Plaintiff 316 11th Street and Child New Cumberland Defendant, Plaintiff 417 Water Street and Child New Cumberland Defendant, Plaintiff 222 Reno Street and Child New Cumberland Defendant, Plaintiff 316 11 th Street and Child New Cumberland 5/93 to 12/94 12/92 to 5/93 8/91 to 12/92 8/90 to 8/91 The mother of the child is LEESA E. BAKER, she currently resides at 316 11th Street, New Cumberland, Pennsylvania. She is single. The father of the child is JAMES C. BLACK, III, he currently resides at 210 Lambs Gap Road, Marysville, Pennsylvania. He is single. The relationship of the plaintiff to the child is that of father. The plaintiff currently resides at 210 Lambs Gap Road, Marysville, Pennsylvania. ~ The plaintiff currently resides with the following people: Relationshio James Calvin Black, Jr. Father Beverly Black Mother The relationship of defendant to the child is that of mother. The defendant currently residing at 316 11th Street, New Cumberland, Pennsylvania. The defendant currently resides with the fOllowing people: ~ Jason Matthew Baker Relationshio Son 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to, the fOllowing: a. The father has a relationship with his child and can continue to provide for his child's physical and emotional needs. b. The mother is not acting in the child's best interest by denying the father reasonable and regular access to his child. 10. 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, the plaintiff requests that this Court grant him The above-named petitioner, JAMES C. BLACK, III, verifies that the statements made in the above Petition are true and correct. The petitioner understands that false statements herein are made sUbject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to authorities. Date: 3-d,L..)- '15 ~~~~~itioner l.n en - :-""", .:~ 1._ " - ,co ....., ..., (""> ,- " f ~. ,- ';.:/ '-"'~ ~ .-, . ....., ',;. te "- -"" '.' JAMES L. BLACK, III, . IN THE COURT OF CCJMlo\OO PLEAS OF . Plaintiff . CUMBERLAND CClI.lNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - LAW . . . LEESA E. BAKER, . NO. 95-l70a CIVIL TERM 1995 . Defendant . CUSTODY/VISITATION . ,- CX)(JRT QU)1!R AND NOW, thia 25th day of April, 1995, the Conciliator being advised that the parties have reaolved all outatanding custody matters between themselvea by agreement, the Conciliator relinquishes jurisdiction in this case. DATE y/~i5l9J -C~~~ d , Eaquire ..., !?'>> ~'- ~"': 4..r:',-' "1 00 r. '-, :.r~ ';::::;1. ,." ..:' ..~.~::,~ %: C- O> ~ N ., ;" "J .,..- - ~ ,,' ;:''"'' ,::> p'-" No. -1lQl Civil Term, 1995 JAM2S C. BLACK. III. Plaintiff VB. LEESA E. BAKER. Defendant: PRABCIPB FUed APRIL 3. 1995 Joan Carey , Atty. LEGAL SERVICES. INC. II>> ~ ~ ~; ~ , = i:"_ 1M .-. N ,,_'C.j'.'. '-,. ":i:, ,--., c-. >- ~'.; -. = '" ,.\ -j 1 g F ~ ~ ; ., ,'t'~ " -il :, ;~ ,(',1 . . )~-~~~ - <4}~~ .-.;~~!'n ,'":~l~ ::~;}~ o~::1-,~:} j{j! f~;~ ,'", , : .; :~':] ," <,:,,- ..".] , :J~j .\ . '; ~ '.~' ~: ' -~;.. ,; ..:~ KENNETH S. THOMPSON, plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLANO COUNT~, PENNSYLVANIA . . vs. : NO. 95 - 1709 CIVIL . . DONNA M. THOMPSON, Oefendant . . : IN OIVORCE THE MASTER: Today is Friday, september 12, 1997. This is the date set for a pre-hearing conference with counsel in the above captioned di~orce case. However, after counsel appeared and we began discussions on the issues in this case, counsel indicated that they would like to attempt to resolve the issues, which they have done, having spoken to their respective clients. consequently, we are not going to do our usual pre-hearing conference memorandum but instead are going to place an agreement on the record. As indicated, both counsel are present; however, although the parties are not in the hearing room, we have arranged for a conference call and they are both able to hear my remarks and counsels' remarks through the telephonic transmission. We are going to put an agreement on the record and the agreement as stated on the record will be the substantive agreement of the parties. It will not be subject to any changes or modifications after it has been stated on the record, and we will not require the signatures of the parties by way of affirmation of the terms of the agreement. The agreement will be transcribed and sent to the court, at which time the Court will be asked to enter an order vacating the Master's appointment. The agreement will be part of the file and will be subject to enforcement as if it were an order of court. Although husband initially proceeded to conclude the divorce under Section 3301(d) of the Oomestic Relations Code, counsel have advised that the parties will now sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under section 3301(C) of the code, the mutual consent provision. The Master also noted that an order was entered on May 9, 1995, requiring the parties to engage in counseling sessions. No report as required by the Rules of civil Procedure has been filed by the counselor; however, counsel have indicated that they are going to have the parties sign a waiver of the requirement that a report of the counselor be filed and be made part of the record. Ms. Oeily. MR. DEILY: 1. The parties agree that husband will pay the sum of $186.00 per month, for the benefit of the wife, as alimony, for a period of 24 months. The payment of this alimony shall commence on October 1, 1997, and will continue for a 24 month period. This alimony will be nonmodifiable, but shall cease in the event of the death, remarriage, or cohabitation, by wife within the 24 month period. 2. The parties will retain all items of personal property currently in the possession of each party; however, husband will return to wife the following items of personalty: a) 12 cups and saucer set; b) the Longaberger baskets; c) the dresser belonging to the parties' son; d) and the speakers that belonged to wife prior to the marriage. 3. Wife will waive any interest she may have in the retirement plan of husband, in the Data Tech Software retirement plan. 4. Any vehicles currently in the possession of each party shall remain the property of said party. 5. On the date of this agreement, September 12, 1997, the parties will execute affidavits of consent and waivers of notice as well as a waiver of notice of the filing of the report of the marriage counselor. In the event that a party fails to execute such a consent or any waivers, this case shall proceed under section 3301(d) of the Oivorce Code without further involvement of the Master and the Master may hereby vacate his appointment. 6. The parties do hereby waive counsel fees, costs, and expenses, and each party will be responsible for paying their own counsel fees, costs, and expenses. 7. Each party will be responsible for any debt that they have incurred since separation. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MS. LINOSAY: Ken, did you understand that? That was a general release of all claims that you all had, one against the other. Is that acceptable to you? MR. THOMPSON: Yes. MS. OEILY: Oonna, did you understand that; that is, a waiver of any intestacy or any statutory rights that you have just because you were the wife of Ken, and that you will give up those rights at the time this agreement goes into effect? MS. THOMPSON: Yes. MS. LINOSAY: Ken, did you understand all of that, and that's the entire agreement; is that acceptable to you? MR. THOMPSON: Yes, it is. MS. OEILY: Oonna, did you understand everything? MS. THOMPSON: Yes. MS. OEILY: Was that acceptable to you? MS. THOMPSON: Yes, MS. OEILY: And you will stop in and sign an affidavit of consent today in our Camp Hill office? MS. THOMPSON: Yes. THE MASTER: Mr. and Mrs. Thompson, you understand that the agreement now that has been placed on the record, in your hearing, in the presence of your counsel, is not subject to any modification or changes and when the record is closed, which will occur as soon as I am finished speaking, that that agreement is the agreement that will be enforceable against you? 00 you understand that? MS. THOMPSON: Yes. MR. THOMPSON: Yes. cc: Kenneth S. Thompson, Plaintiff Carol J. Lindsay, Attorney for Plaintiff Oonna M. Thompson, Oefendant Johnna J. Oeily, Attorney for Oefendant