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Home My WebLink About95-03855 (" i 0- . -;1 \... ~ a:: ~ J. I I l()l It) I 001 (Y)j , I l() CT~ o Z I .:t:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.;. .:.:. .:.... ':.J .:.... .:.:. .:.:. .:.;. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. ;. .;.:. .:.:: .:.:. .:.:., :.., .:.:. .:.;. .:te. .;.> .;. . -------......------~--------........-- .-. -'-...~- -~ ....~~~~~,....................- ,,~. - "- ", --...... ~~ - -- ------- .-----. ~I' \'" . ( ~, ~I ~ "I I~ ~: IN THE COURT OF COMMON PLEAS \.:..:. ~! ~ .., ~ ~ ~ '.' $1 ~ 8 .'. ~ ~\ " ~I' ~ ~ ~; ~\ ~~ ~I :::1 ~i . ) OF CUMBERLAND COUNTY STATE OF ~ PENNA, KRISTINE K.B. PROCTOR 95-3855 Civil Term Plaintiff i'\ (). ...... .. .....",......... TROY E. PROCTOR V('''''IIS Defendant ~ DECREE IN DIVORCE ~- AND NOW, .... ~~...(~... 19CJ.1.... it is ordered and KRISTINE K.B. PROCTOR decreed that .................................................. plaintiff, and. .... !~<?X .~'. ~~<?~~<?~.... ...... .., . ., ...... .... ......... defendant, are divorced from the bonds of matrimony. .', ~ * .'. ~ ~ ~ '.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE ~ ~ s s s ~ '.' ..... ,., " ,..,...... ". ,.., ..... .... ,..... .... ............................. . . . . . .. ., ., .. .. .... .. ., .. ...... ..-:..J...... ............. n. ~:i!-/ ^lIe.t:~x~hJ~k:t' [' 1,J,~f. ~...,A_ J. '7 - . / ) ---;7 '1'2# ni ~ ffi?~ A.jP:1 V' ./' / Prolhonolnry ~ ~ " s ~ ~ '.' ... ~ ~ :I ........-.-.. ....-.-. .~~*****-***--*~-**-- ~ ~ ~ ... ~ * s ~ ~ ~ ~ '.' ~ '.' s " ~ '.' .'. ~ ~ l.~ /'.' I' I~ ~~ l~ /',- I )~ ( : ;~: ) '* ~ ~ ~ ,~ ~ ,n )~ .~ * ~ ~ f. ~ . . - ~ .:.:. .:.:. .:+:. ,:6:' .:+:. .:.:' .:+:. .:+:. .:.:' .:.:.. .:; ,j;) .9) tJ,/ d?7 fi~~/ i- a:~ ~ ~ '/~t)) '71'~ /I14:W ~ d1(f . . ~-... KRISTINE K.B. PROCTOR, Plaintiff : IN TilE COURT 0"- COMMON I'LEAS : CUMBERLAND COUNTY, I'ENNSYLVANIA NO. 95 . 3855 Civil Tenn v. TROY E. PROCTOR, Defendant CIVIL ACTION. DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: certified mail, restricted delivery, return receipt, August 16, 1995. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff: N/A; by the defendant: N/A. (b) (I) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: August 29, 1996. (2) Date of service of the plaintiff's affidavit upon the defendant: September 12,1996. 4. Related claims pending: NONE / DATED: ;la ~,-(I~-:,/ lC I ,/ ( ._-_.~~' ) --- ,- . , . ...-- f .~_-, t, t.. , ~'.- - Nora F. Blair, Esquire Attorney for Plaintiff - 'I ~ . I'N7 .' r~'\ _J I ': ." .. " .., f. , ; : '1 , U . , , '" .. , 1;--. ; :~] .1. I , II .' -:.' " , . i ~ C' .... \ ...,.. en ~:: :t- - ., = . "- '" .... - z:- ..-l .. M en ... " '. ::> -, \6 . . "> -. , . \ - . o ..."") \:;.'0..) '?l '..:::t-.. ...... ........... ~ ~ r'f< '- . IN X~ \~ \' ""......... l.-.l .... 1"- '-lo "Q ~ .,.. ~,... rro r- ..... V;> "'1",':t- . c:., , Q::) . ".. JUl , 0 1995 t rr' '" OJ _0..<1 ... .. - .. _ON_ ctClD-1D .J i .. .... N III 0 ~ .. .. <( "; L&: 11 rL :t - ... .q1::~;: o:.,O:J~ o 0 ~ lD - z" UI .. - .. 0: 0: <( J: . . KRISTINB K.B. PROCTOR, plaintiff I IN THB COURT 01' COKKON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA : NO. q:/- jS~j- ll( ~'-LL -Jl~ I I I CIVIL ACTION - DIVORCE , CUSTODY VB. TROY E. PROCTOR, Defendant ORDER 01' COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~"""w.1 I. Ard('" , Esquire, the conciliator, at . . <,- 1\1. h Sl. ,-,.".0 ""~ , pennsy an a, on (,..l-<'C ". the t'i I~ day of lAS, 19 at 2, o'clock .m. for a Pre- Hear ng Conference. A 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 subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. por the Court: Dated: 71:).7 - "15- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO NOT HAVE A LAWYER OR CANNOT AFI'ORD ONE, GO TO OR TELEPHONE THE OppICE SET PORTH BELOW TO pIHO OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ,::Jl JI ii 2,:d '35 7. 3/.fl5 t!Ofd (.ked ~ 6. aMM # ~'I'f5 ~.~~4 ~ ~. J .13' eo/;; Ina...w ~l ~/ , : KRISTINB K.B. PROCTOR, . IN THB COURT 01' COMMON PLBAS . plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I V8. I NO. . . TROY B. PROCTOR, I Defendant I CIVIL ACTION - DIVORCB , CUSTODY NOTICB TO DBI'BND AND CLAIM RIGHTS YOU HAVE BEEN SUBD 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 decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, cumberland County Courthouse, One Courthouse square, carlisle, pennsylvania. II' YOU DO NOT I'ILE A CLAIM I'OR ALIMONY, DIVISION 01' PROPERTY, LAWYBR'S I'BBS OR BXPENSBS BBI'ORE A DIVORCB OR ANNULMBNT IS GRANTBD, YOU MAY LOSB THB RIGHT TO CLAIM ANY 01' THEM. YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYER AT ONCE. II' YOU DO NOT HAVE A LAWYER OR CANNOT Al'I'ORD ONE, GO TO OR TELEPHONE THE OI'I'ICE SBT I'ORTH BELOW TO I'IND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR cumberland County Courthouse, 4th Floor One Courthouse square carlisle, PA 17013 (717) 240-6200 KRISTINB K.B. PROCTOR, plaintiff I IN THE COURT 01' COMMON PLBAS I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. I I I CIVIL ACTION - CUSTODY V8. TROY B. PROCTOR, Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE WITH CUSTODY COUNT 1. Plaintiff is KRISTINE K.B. PROCTOR, who resides at 2200 G Cedar Run Drive, camp Hill, PA 17011. 2. Defendant is TROY E. PROCTOR, who resides at no permanent address, but who is believed sometimes to be staying at 4705 Count Drive, Harrisburg, PA 17109. 3. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 12, 1992, in Dauphin county, pennsylvania. 5. The parties have been living separate and apart since on or about March 1, 1994, a date prior to the filing of this complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. 9. plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. '. . WHBREI'ORE, Plaintiff requests that Your Honorable Court enter a Decree of Divorce. CUSTODY COUNT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as thougt set forth in full. 12. The parties are the parents of one minor child, Xavier Baney-Proctor, born July 26, 1994. plaintiff is the natural mother and Defendant is the step-father of Malcolm Baney, born December 19, 1989. 13. plaintiff seeks primary physical and legal custody of the following minor children: rwm PRESENT ADDRESS 2200 G Cedar Run Drive Camp Hill, PA 1701l 2200 G Cedar Run Drive camp Hill, PA 17011 DATE OF BIRTH December 19, 1989 Malcolm Baney Xavier Baney-Proctor July 26, 1994 Xavier was born in wedlock. Malcolm was born out of wedlock. The children are presently in the custody of mother who resides at 2200 G Cedar Run Drive, Camp Hill, PA 17011. 14. During the last five years, the children have resided with the following persons and at the following addresses: NAMES ADDRESSES DATES Kristine Proctor 2200 G Cedar Run Drive 3-1-94 to Camp Hill, PA 17011 Present Kristine Proctor 1320 N. 15th Street 8-12-92 to Troy E. Proctor Harrisburg, PA 17104 3-1-94 Joanne & Harvey 1405 Letchworth Road 12-19-89 to Baney, Camp Hill, PA 17011 8-12-92 Kristine Proctor The mother of the children is KRISTINE K.B. PROCTOR, residing at 2200 G Cedar Run Drive, camp Hill, PA 17011. She is married. The Father of the children is TROY E. PROCTOR, currently having at no permanent address, He is married. 15. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: rwm Malcolm Baney Xavier Baney-Proctor RELATIONSHIP Son Son 16. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: ~ RELA~IONSHIP Unknown Unknown 17. 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 children pending in a court of this Commonwealth or in another state or Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, except Malcolm's natural father who has had no contact with Malcolm and does not provide support. Malcolm's father is believed to be residing outside of this country at an unknown address. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary caregiver for the children and will continue to provide a stabile and nurturing environment for the children. . 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children, other than Malcolm's natural father, have been named as parties to this action. WHBRBI'ORB, Plaintiff requests that Your Honorable Court grant primary physical and legal custody of the children to Plaintiff with visitation to Defendant as the parties may agree. Dated: 7-/ '( -iI- Respectfully submitted, ~. I~' , Y ~ ...--;7...-, ...L.~~' Nora F. Blair' Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 --- _. -- - --~-~-~"~'t.-::":"'~::--~" .- 1__ .' VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa, C.S. S 4904 relating to unsworn falsification to authorities. I::; A.IJiJ/U ~ /1, If c9db,e ... KRISTINB K.B. PROCTOR, Plaintiff I IN THB COURT 01' COMMON PLBAS I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. 95 - 3855 Civil Term I I I CIVIL ACTION - DIVORCB V8. TROY B. PROCTOR, Defendant AFFIDAVIT OF SERVICE I, Nora F. Blair, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce and custody with attached Order setting the conciliation conference was served on the Defendant by certified mail, restricted delivery, return receipt requested, on August 16, 1995, addressed as follows: TROY E. PROCTOR 4705 Count Drive Harrisburg, PA 17109 The return receipt card is attached hereto as Exhibit "A". ----~ , ' ~ .....-:::::! oaF. Bla Su reme Court ID #45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ... ."" - . . t . Compo.. it- 1 _ 21., _ ......... '" C__2.1Ild"'b. , . Prtnt your ,..".. end Iddreu on &hi rtVtfH of .hI, form 10 tNI WI can ilIUm tNt card to you. I . AnKh thII form to lhe frDnt of the maIlpIece. or on lhI bKk If ,pact i doe. no1 PItmtt. , I . Wrttl"".tumRtce'PtRlQUtltId"onthtrMlpletebelowthtlrtfdenumbtr "'2t"i2~:':;:"""'DIi"" ,. . 'ti . TheRl1umfltcelptdahowtowhomthtlrUdlWlldehertdMdthtdltl ':<. _~~ . ~ Ii .......... Conaull Ilm...or 10' 100. 3. Anlclo Addrolled 10: 40. Anlclo Number T ru~ C 'Pro<:;tur ln~ c..au.nl 'bri\le t\o;rr i 5'ou..t: n \ l.JQ. I oliO wllh 10 '...Ivo tho following 10..lcel 1I0r on o.ltO fHI: 1. 0 Add'OIIH'1 Addro.. J I 4b, Sorvlce Typo ~ o Reglllorod 0 Inlured ~:~ Mill ~ ~~~rn Rocoiplfor . '001 Dollvlry '0' \ \, ,'t of : 8. Addrol_'1 Addro..IOnly II '_HIed.. ond foo il poldl F. . December 1881 .u.a.OPO:1--""4 DOMESTIC RETURN RECEIPT . EXHIBIT "A" ~..> <.>- I I ,0::: .... ~. :~ , ... - .~) '-';.."" ;--:~:;; -;; ;;~ ,: '..: f'" ._~ i. ...~ '" ( ( "". c: "" = u..) N '" ~ ::c - <.c Lr1 KRISTINB K.B. PROCTOR, plaintiff I IN THE COURT 01' COMMON PLEAS I CUMBBRLlUID COUNTY, PBNNSYLVANIA I I NO. 95 - 3855 CIVIL TBRM I I I CIVIL ACTION - DIVORCE VB. TROY B. PROCTOR, Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Al'FIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about March 1, 1994, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer'S fees or expenses if I do not claim them before a divorce is granted. 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. section 4904 relating to unsworn falsification to authorities. . ~N f(, 8, Pr&dcJe KRISTINE K.B. PROCTOR plaintiff Date: ",If. r; .< :-, ,-' .- , -;, .'l [I ., ':1 . :!1 .- " \ ,11 _/ (..0 0 r~ .-j , , 0 ,., ,< c - - ,,:Sl , , , ~ (-") ,;... ~ ri"l " ;::1 .. ~1 -. . \ KRISTINE K.B. PROCTOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 . 3855 Civil Term v. TROY E. PROCTOR, Defendant : CIVIL ACTION. DIVORCE TO: TROY E. PROCTOR Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavitto the Plaintiffs affidavit. Therefore, on or after October 23, 1996, the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a wrillen claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDA VIT YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATIACHED TO THIS NOTICE. 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 Cumberland County Courthouse 4th Floor One Courthouse Square Carlisle, PA 17013 (717) 240.6200 .' KRISTINE K.B. PROCTOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 95 - 3855 Civil Tenn TROY E. PROCTOR, Defendant : CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. Check either a or b: a. I do not oppose the entry of a divorce decree. b. I oppose the entry of a divorce decree. If you oppose entry of a divorce decree, check i, ii or both: i. The parties to this action have not lived separate and apart for a period of at least two years. ii. The marriage is not irretrievably broken. 2. Check either a or b: a. I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. b. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. G4904 relating to unsworn falsification to authorities. Date: TROY E. PROCTOR Defendant KRISTINE K.B. PROCTOR, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95 - 3855 Civil Tenn vs. . . TROY E. PROCTOR, Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Notice of Intention to Request Entry of Divorce Decree and Counter-Affidavit Under Section 3301 Cd) of the Divorce Code on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Troy E. Proctor 4705 Count Drive Harrisburg, PA 17109 Date: October 3, 1996 Respectfully submitted, ? )} J d I?'rl fl Melissa A. Foltz /l :.Jn4r ( ~' -. ;..... n 0.0 9, f;; lJ' <:) -rll -oi/'~ n ~r:: -t N .., oil. .~ I ..,.. .;) ef. ".:!. > ,) ~;r :J: (~( V) -~ ~r. .. ;:l '". =< :.n ~ U) KRISTINE K.B. PROCTOR, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V5. : NO. 95 - 3855 Civil Tenn TROY E. PROCTOR, Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Notice of Affidavit Under Section 3301(d) of the Divorce Code on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Troy E. Proctor 4705 Count Drive Harrisburg, PA 17109 Date: q - l~j.. - q \.c' Respectfully submitted, 11): d /f\r)(\ A -:i.~ Melissa A. Foltz U 0- ,~:) " ---1 ",., -" f' -..., " . '~l i, :"-:J 0 r I , I l ) " c-,c . I .' :} :rj I I . ~...: .. . SEi . M " tIl Ii 0 ILl .. !:: Q '" II: < ~ z :l ~ z 0(, ~ '" S :< 5 ~ ...l :- .. M :- w ~ 0 III o-l Z " z ILl 0: d z w :J 0 ;: ,; .. - ~ II: '" 0 .... cii " .. ~ :- " 0 ~ :E .. .. I,: ~J.O.; ~l i: , " !KRIBTINB K.B. PROCTOR, , Plaintiff ) ) ) ) ) ) ) IN THB COURT OF COKHON PLBAS OF CUMBBRLAND COUNTY, PBNNBYLVANIA NO. 95-3B55 CIVIL TBRM vs. ,: TROY B. PROCTOR, Defendant CUSTODY JUDGB PRBVIOUSLY ASSIGNBD: None (No Judicial Conflicts) CONCILIATOR CONPBIlBHCR SIlHKARY REPORT IN ACCORDANCB WITH CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURB 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the sUbject of this litigation is as follows: NAMB CURRBNTLY IN CUSTODY OF BIRTHDATB Malcolm Baney Zavier Baney Proctor 19 December 1989 26 July 1994 Plaintiff/Mother Plaintiff/Hother 2. A Conciliation Conference was held on 29 August 1995 and the fOllowing individuals were present: the Plaintiff and her attorney, Nora F. Blair, Bsquire. 3. The Defendant did not appear and Plaintiff's counsel verified that the Defendant had been served both the original pleading and a notice of this conference. The Plaintiff herself stated she had spoken to the Defendant approximately one-half hour before the conference, when he was at his mother's house, and he had told her he did not intend to appear or otherwise contest her petition. 4. The two children here have two different biological fathers. The Defendant is I the father of the younger child, Xavier. Malcolm's father is a resident of Barbados ,and had not been served with any notice of this proceeding. Accordingly, I have prepared an order awarding the mother custody of both children, but providing that either father has the right to seek enforceMent of his rights with regard to the child before this or any other court of appropriate jurisdiction. S. The mother claimed that neither of these men has made any claim to custody of , I I the children and that both of them are apparently content to exercise their custodial ! rights by agreement with her. The fact that the father of the younger child did not I !appear, after receiving notice, confirms that. I think that, under the circumstances, the biological mother is entitled to some order to confirm the status quo for the benefit of both children. With the entry of the attached order, no further action is necessary at this time, 11 September 1995 <j~~L' A~ Custody Conciliator KRISTINB K.B. PROCTOR, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 95-3855 CIVIL TBRM TROY B. PROCTOR, ) Defendant ) CUSTODY OIlDBIl AND NOll, this . 1995. upon receipt of the day of conciliator's report, it appearing that the Defendant was served with the original process in this matter and with notice of the conciliation conference and did not appear, we hereby order as follows: 1. Legal custody and physical custody of the minor children. Malcolm Baney, born December 19, 1989, and Zavier Baney Proctor, born July 26, 1994, is hereby awarded to their mother, the Plaintiff, Kristine K.B. Proctor. 2. The mother represents that the biological father of the child, Malcolm Baney. is David Kirton, who resides outside the United States and who is not served with notice of this proceeding. If Mr. Kirton desires to exercise any rights or make any claims with regard to the child, he is directed to petition this Court, or any other court he claims to have proper jurisdiction, to award him such rights. 3. The Defendant herein, Troy B. Proctor, shall have such rights of temporary or partial custody or visitation with the children as the parties may hereafter agree and, in the event the parties cannot agree, such rights as this Court or any other court of appropriate jurisdiction may award to him. 1 4. Pending further order of this Court or any other court of appropriate jurisdiction, however, legal and physical custody of the children is awarded as provided for hereinabove. By the Court, J. Nora P. Blair, Esquire Attorney for Plaintiff Troy B. Proctor, pro 6e 4705 Count Drive Harri6burg, PA 17109 sla 2 "' SEP 1 L 1985 b~ KRISTINE K.B. PROCTOR, I IN THE COURT OF COMMON Plaintiff I PLBAS OF CUHBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 95-3855 CIVIL TERH TROY B. PROCTOR, I Defendant I CUSTODY ORDER AND NOli, this 1'2.. day of ~ ,1995, upon receipt of the conciliator's report, it appearing that the Defendant was served with the original ;process in this matter and with notice of the conciliation conference and did not i ,appear, we hereby order as follows: :. 1. Legal custody and physical custody of the minor children, Halcolm Baney, born ,December 19, 1989, and Zavier Baney Proctor, born July 26, 1994, is hereby awarded to , !their mother, the Plaintiff, Kristine K.B. Proctor. 2. The mother represents that the biological father of the child, Halcolm Baney, David Kirton, who resides outside the United States and who is not served with notice of this proceeding. If Hr. Kirton desires to exercise any rights or make any claims with regard to the child, he is directed to petition this Court, or any other court he claims to have proper juriSdiction, to award him such rights. 3. The Defendant herein, Troy E. Proctor, shall have such rights of temporary or partial custody or visitation with the children as the parties may hereafter agree and, in the event the parties cannot agree, such rights as this Court or any other court of appropriate jurisdiction may award to him. 1 . I :-- 4. Pending further order of this Court or any other court of appropriate jurisdiction, hOllever, legal and physical custody of the children is allarded as provided for hereinabove. Nora F. Blair, Esquire Attorney for Plaintiff Troy E. Proctor, pro se 4705 Count Drive Harrisburg, PA 17109 sla II , ;/ , , " By the Court, - C...ru..... ,~L.4 I Cl/I'f(qS' ,.;0,' f . 2 J. ~ - r;,.. ~ ... ~ c- ... a ,,, , ~ - ;... c-'- .-- "- ... V'