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HomeMy WebLinkAbout95-06588 " .. . MELISA ORNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95, I. Iii' CIVIL TERM CUSTODY plaintiff v. BROCK BULL, SR., Defendant ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ,Ot....vn ~. 5/,.t",1~1 {6c, , the conciliator, at 3'1. LtJ. f"lu~n<)f. M!"I+"~':-the l'il" day of 0,., rml,..r , 1995, at ''':60 f) .m., for a Pre-Hearing 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By }fe Court, Ue S!i Custody Conciliator ~r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 'YOU bo 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, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our Office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ;., ",).,)llalJ;.5'ad.'~~,i; ~s. /I'c){1s: )?~ ~/~ dt/'I.', , II'dl'9.~ ~ ~ -/i; ~. ,~~, ", .... {" ::~Li '. ~ ""'; ."'i ...,.:.. ~;. , . ',:;' .. .- ~"'>;O""".''''' ',;,"'-'""~""~"""""'."~~'''-'-' '-~-...-""$ IJ' ..~,.," . , .. ..". , ., MELISA ORNER, I IN THE COURT OF COMMON PLEAS 0' plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. I I NO. 95-~,'i CIVIL TERM BROCK BULL, SR., : . CUSTODY . Defendant . . COMPLAINT FOR CUSTODY 1. The plaintiff is MELISA ORNER, residing at 520 Shed Road, Newville, CUmberland county, pennsylvania 17241. 2. The defendant is BROCK BULL, SR., residing at P.O. BOX 1675, Uniontown, Fayette county, Pennsylvania 15401. 3. The plaintiff seeks custody of the following child: IilUIIA Present Residence AWl Brock Bull, Jr. 520 Shed Road Newville, PA 2 Years old The child was born out of wedlock. The child is presently in the custody of MELISA ORNER, who resides at 520 Shed Road, Newville, Cumberla,nd county, pennsyl vallia. During the child's lifetime, he has resided with the following persons and at the following addresses: IilUIIA Address I2iWl Melisa Orner Zackary Orner 520 Shed Road Newville, PA Birth- present The mother of the child is MELISA ORNER, currently residing at 520 Shed Road, Newville, cumberland county, pennsylvania. She is divorced. The father of the child is BROCK BULL, SR., currently residing . ~. at P.O. Box 1675, Uniontown, Fayette County, Pennsylvania. He is divorced. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently is residing at 520 Shed Road, Newville, Cumberland County, Pennsylvania. 5. The relationship of defendant to the child is that of father. The defsndant currently resides with the following persons: ~ Relationshic Sister Cindy Ketz Christopher, Patrick, and Benjamin Nephews 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. B. 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 because the mother has been the primary caretaker of the child since birth, providing for both the child's physical and emotional needs. 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 this Court to grant primary physical custody of the child to the plaintiff with a schedule of partial custody to the defendant. The plaintiff requests any other relief which is just and proper. , Respectfully submitted, J~r~~ / ~ d+ ~ Attorney for Plaintitr LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ .' The above-named Plaintiff, MELISA ORNER, verifies that the statements made in the above complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relatinq to unsworn falsification to authorities. Date: J 1-/7- '1~ ~ ~ " h. 'is , ~~ 'r> r;,J'J ~: .... ~,~ ~; .:', -- ~ r,_ o lI'l :"..I , (."C,^ ~, ", r-l! ".,\,'; "'~ .,.,:~ >, -'"j. ..~-- It_i. .<.,;': """' '", _I. . - 't. .~. > .t ~ :-- ,.. ~~ . -'-. -l'\. ,,~': 1',_ '-".;, ~ . ......." -'":',,,~._~ "":.'~~' KELISA ORNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUKBERLAND COUNTY, PENNSYLVANIA NO. 95- ~ !,-rr CIVIL TERM CUSTODY v. BROCK BULL, SR., Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kelisa Orner, Plaintiff, to proceed in forma pauperis. I, Joan Carey or Philip C. Briganti, attorney for the party proceeding in forma pauDeris, certify tbat I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~ (: {-.z. Joan Ca y Philip C. BrigantI Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 < HBLISA ORNBR, Plaintiff IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 95-' npCIVIL TERM CUSTODY v. BROCK BULL, SR., Defendant AFFIDAVIT IN SUPPORT OF ~T~~IO~ FOR LBAVE TO PROCBBD IN FOR UP RIS 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: Melisa Orner Address: 520 Shed Road Newville. PA 17241 Social Security Number: 209-60-3198 (b) If you are presently employed, state Employer: Olympia Address: 105 North Hanover Street Carlisle. PA 17013 Salary or wages per month: S719.00 Type of work: Waitress . If you are presently unemployed, state Date of last employment: NIA Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: Until 8/95 S700.00/mo. Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: 1200.00/mo. Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A (e) Property owned Cash: 125.00 Checking Account: S50.00 Savings Account: 125.00 Certificates of Deposit: None Real Bstate (including home): 135.000.00 Motor vehicle: Make Chrvsler Cost 53.700.00 Year Amount owed 0.00 1986 Stocks; bonds: --Hgne ".. " Age: 10 vrs. Brock Bull. Jr. 2 vrs. 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 hersin. 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. Dat" 5 ~ .~jJVll~ "".".>.l''-._..", Melisa Orner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 65BB CIVIL CUSTODY Plaint! ff v. Brock Bull, Defendant AFFIDAVIT OF SERVICE I. Traci Lederer, on this 27th day of November, 1995, served a true and correct copy of a Custody Complaint and an Order for a Conciliation Conference in the above-captioned caBe upon the defendant, Brock Bull, at P.O. Box 1675, Uniontown, Pennsylvania, by certified mail, return receipt requested, restricted delivery. I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of IB Pa. C.S. 64~04 relating to unsworn falsification 0 authorities. ~Iq~ Traci Lederer ',f,!' 2:', ;;::>:~, ... Q ":r' l"'!-t C"-l ,.. c::> .:Ie ~ 1, I r ; ~,iH; sL'q ".J' .i' \',11, . 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" MELISA ORNER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 954~see CIVIL TERM plaintiff v. BROCK BULL, SR., Defendant : CUSTODY CUSTODY ORDER r~ 11_ A #' AND NOW, this s;- day of ~ , 1995, upon consideration of the parties' Consent Aqreement, the followinq Order is entered with reqard to the cuotody of Brock Bull, Jr., hereinafter referred to as the child: 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and leqal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child every other weekend from Friday at 5 p.m. until Sunday at 5 p.m. 3. The father and mother shall alternate Christmas Eve and Christmas Day each year, one parent havinq custody of the child on Christmas Eve until Christmas Day at 10: 00 a.m. and the other parent custody havinq the child from Christmas Day at 10:00 a.m. until Christmas Day at B:OO p.m. 4. The parties shall alternate the followinq holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksqivinq. -, ....... , 5. The father shall have the right to see the child on his birthday at a time to be agreed upon by the mother and father. 6. The mother and father, by mutual agreement, may vary from this schedule at any time. 7. The mother and father shall notify each other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 8. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural ./ development of the child's love or respect for t~other parent. By the Court, /' ~rf) 1" / ,. . " J. ,'. " , -. ~.. '" FlLEo-QFRCE / OJ': TH!: Fr~OTtlO,\'OTMY ~S n2C -5 F'N 3: 15 CUMi.li)iL,,;:,r) COUNTY P~N/JSYL\':VI'A ", "'~,,,,-,';, .,....-,."..-'.f"'_'>'.'''''''',..~'''_i#-_" .,N/"" .-- MELISA ORNER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . .~.~ . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 95-6588 CIVIL TERM . BROCK BULL, SR. . . CUSTODY Defendant CONSENT AGREEMENT This Agreement is entered on this l/#l day of -1)ecpmber 1995, by the plaintiff, MELISA ORNER, and the defendant, BROCK BULL, SR. The plaintiff is represented by Joan carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, agree to the entry of the following schedule regarding custody of Brock BUll, Jr., hereinafter referred to as the child: 1. The mother will have primary physical and legal custody of the child. 2. The father will have partial custody of the child every other weekend from Friday at 5 p.m. until Sunday at 5 p.m. 3. The father and mother will alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. ..'- ~. 4. The parties will alternate the followinq holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksqivinq. 5. The father will have the riqht to see the child on his birthday at a time to be aqreed upon by the mother and father. 6. The mother and father, by mutual aqreement, may vary from this schedule at any time. 7. The mother and father will notify each other of all medical care tho child receives while in that parent's care. Each parent will notify the other immedia~ely of medical emerqencies which arise while the child is in that parent's care. ,8. 'The parties realize that their child's well beinq is 'paramount ,to any differences they miqht have between themselves. , ,Therefore, they aqree that neither party shall do anythinq which ; may estranqe the child from the other parent, or injure the opinion o~ th~ c~~ld as to the other parent or which may hamper the free , ' and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above "~'.ti:/).tJP ce Brock BUll, sr., Defendant an Carey ttorney for P LEGAL SERVICES, 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 , . . ;" . .'\.. ~ . , ......."'f/ ~ r( .... l t ~~ ~ ~ 1Ei'i i: 8~ ~~..: ::l; ~ ..::r -~ /j ~ ;~ ~ ~ f3 1 Hi r::: I . , _s , ~." , ttl~ u,~ Dawn S. Sunday, Esqu re DEe 26 19951v- MELISA ORNER, : IN THE COURT OF ~ PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-65BB CIVIL TERM . . . BROCK BULL, SR., . . Defendant . IN CUS'roDY . aulBR OI!' CDJRr AND !Of, this 20th day of December, 1995, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by the parties, hereby relinquishes jurisdiction in this caee. ,,, ,- , {';::J , " " Il I! ~ ,:: g: & ~ ji ~~ 5cg PJa.: ~ JAN 1 6 1996 tf MELlSA aulER, . IN THE COURT OF ~ PLEAS OF . Plaintiff . CUMBERLAND COUN'l'Y, PENNSYLVANIA . . . vs. . NO. 95-65BB CIVIL TERM . . . BROCK BULL, Defendant : IN CUS'rolly ClUER Of! cxxm AND NON, this 4th day of January, 1996, the CUstody Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by the parties, hereby relinquishes jurisdiction in this CllSe. ~ - I r- ~ 0 ;;, ~~ , ::C ~ Q.. o? E ?5'iJ. 1 ,:!:. r- 0- - c. -4 L1-' - ~~ .'.' F ~ -, :>. u- <D 3 0 C'