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CATHLEEN M. BLAND, . IN THE COURT OF CC't'IMON PLEAS OF
.
Plaintiff CUMBERLAND COUN'l'Y, PENNSYLVANIA
:
vs. NO. 96-445 CIVIL TERM
.
.
BYRON T. BLAND,
Defendant . IN CUSTODY
.
au>BR OP axJRT
AND NOW, this 28th day of February, 1996, the Conciliator, being
advised that the parties have resolved all outstanding custody issues by
agreement, hereby relinquishes jurisdiction in this case.
(Q<.~~~~,
Dawn S. Sunday, Esqu re
Custody Conciliator
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CATHLEEN M, BLAND,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO, 9" - ~k1' !ttJ'-.J'd,t,/-f
BYRON T. BLAND,
Defendant
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this :~ \ -; / day of .J',.,....,. i' '/ , 1996, upon
consideration of the attached comPI~ is hereby directed that the j?arties and their
respective counsel appear before ' II/I" 4, ll')({n, I I ~~ . ,
the conciliator, at....39 u), _ n 'I () III ' <":'~ ' (Yk,.!.:_h'l 11 Ie; 1:)( , V'tc\ on
the :11;rI'dayof r-O*,",i'l ,1995, atU.m" fora Pre-Haaring Custody
Conference. At such conference, an effort will be made to resolve the issues in
dispute; or if this cennot be accomplished, to define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may
also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: rh,/H'1 JII"U:-.l/1'I-(
Custody Concilia(or
{\ fit:
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The Court of Common Plees of Cumbertend 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.
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
TELEPHONE: (717) 240-6200
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CATHLEEN M. BLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
BYRON T. BLAND,
Defendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is CATHLEEN M. BLAND, residing at 825 Windsor Place,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is BYRON T. BLAND, residing at 110 West Green
Street, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of the following child:
Joseph R. Bland
825 Windsor Place
Mechanicsburg, PA 17055
date of birth: August 23, 1994
The child was not born out of wedlock.
The child is presently in the custody of the Plaintiff.
Since birth the child resided with the following persons and at the
following addresses:
(1) from date of birth to July, 1995, at121 Walmar Manor, DiIIsburg, York
County, Pennsylvania with the parties.
(2) from July, 1995 to December 25, 1995, at11 0 West Green Street,
Mechanicsburg, Cumberland County, Pennsylvania with the parties.
-, ,
(3) from December 25,1995, to present at 825 Windsor Place,
Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff and the maternal
grandparents, Nancy and Del Brunner.
The mother of the child Is the Plaintiff. She is presently married to
Defendant.
The father of the child is the Defendant. He is presently married to
Plaintiff.
4. The relationship of Plaintiff to the child Is that of biologicel mother.
The Plaintiff currently resides with her parents.
5. The relationship of Defendant to the child is that of biologicel
father. The Defendant currently resides alone at the marital home.
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 other or prior custody proceedings
concerning the child pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to these 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 served as primary care giver of the her child since his
birth and is committed to and can continue to serve as a primary care giver of her child;
(b) Plaintiff can provide an adequate and safe living environment for her
child during the separation of the parties.
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has been named
as parties to this action.
<
WHEREFORE, Plaintiff requests the Court to grant custody of her minor
child to her.
-
219 East Main Street
Mechanicsburg, PA 17055
Telephone: (717) 795-9277
J
date: ~A-...z~ 9p
/ '
VERIFICATION
I verify that the facts set forth in the foregoing document are true
and correct to the best of my knowledge, information and belief. 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.
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CATHLEEN M. BLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 96 -445 Civil Term
BYRON T. BLAND
Defendant
: CIVIL ACTION - CUSTODY
CERTIFICATE OF ~ERVICE
I, Thomas M. Kulz, Esquire, do hereby certify that I served a true and
correct copy of the Complaint filed in the above captioned matter on the defendant,
BYRON T. BLAND, by depositing a copy of the same in the United States Mail,
certified, restricted delivery, return receipt requested and postage prepaid on February
5, 1996. The receipt for the certified mailing and the return receipt bearing the
Defendant's signature and showing a delivery date of February 6, 1996, are attached.
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Tholll~~ M. Kulz, Esquire
219 EasfMaii'rStreet
Mechanicsburg, PA 17055
Attorney I.D. NO. 38887
date: February 8, 1996
.
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Receipt for Certified Mall
No Insurance Coverage Plovided.
Do not usa for International Mail See ff1VefSCI
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Cumbo Co. No. 96-445 Civil Term
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CATHLEEN M. BLAND,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
.I/'1S
NO. 96-456 Civil Term
BYRON T, BLAND,
Defendant
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this :2tfTtt day of J"'-hr , 1996, upon
consideration of the attached complaint, it is hereby di~ected that the parties and their
respective counsel appear before II. f, ,
the conciliator, at q W . ~ I '() _ . I..", on
the (0 day of ~ VS+- ,1996, at.s.B..m., for a P -Hearing Custody
Conference. At such nference, 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. All children age five or older may
also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: :AtUt-'11, ,j.t-r'dM Is..
Custody Concmaror .
The Court of Common Pleas of Cumberland County Is required by law to comply wilh the Amerlcans with
Disabilities Act of 1990. For Infonnatlon 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 prlor to any hearlng or business before the Court. You
must attend the scheduled conference or hearlng.
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,
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
TELEPHONE: (717) 240-6200
.
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CATHLEEN M. BLAND,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JjJjS
NO. 96~ Civil Term
BYRON T. BLAND,
Defendant
CIVIL ACTION - CUSTODY
f.ETITION TO RESCHED!)L!;
PRE.HEARING CUSTODY CONFERENCE
The Petitioner, CATHLEEN M. BLAND, by her attorney, Thomas M, Kulz,
Esquire, respectfully represents as follows:
1. Petitioner filed a Complaint for Custody of her minor son, Joseph R.
Bland, on January 26, 1996, this this Honorable Court.
2. A Pre-Hearing Custody Conference before Dawn Sunday, Esquire,
was scheduled for February 28, 1996.
3. On February 27,1996, Defendant, BYRON T. BLAND, through his
counsel, Matthew J. Eshelman, Esquire, communicated his desire to enter into a
Stipulation and forego the scheduled Conference. The Defendant's counsel advised
the Conciliator of this fact and requested that she relinquish jurisdiction to the Court
which she, in turn, did relinquish.
4, On March 12, 1996, after further discussion between the parties and
their counsel, Plaintiffs counsel prepared and forwarded the proposed Stipulation to
Defendant's counsel. Since then, Defendant, despite requests to execute and return
this Stipulation, has refused to do so.
5, Defendant, since the separation of the parties, has failed and refused
to comply with any regular visitation schedule.
Wherefore, Plaintiff requests that this matter be relisted for a Pre-Hearing
Custody Conference.
----..---
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Thomas M. Kulz, Esquire
Attorney for Plaintiff )
.//__________1
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VERIFICATt~N
I verify that the facts set forth in the foregoing document are true
and correct to the best of my knowledge, information and belief, 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.
d't
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CATHLEEN M, BLAND
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CATHLEEN M, BLAND,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
"1%
NO, 96-045& Civil Term
BYRON T. BLAND,
Defendant
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
.
I, Thomas M, Kutz, Esquire, do hereby certify that a true and correct copy
of Plaintiffs Petition filed to the above captioned matter was sent on June / S ~ ,
1996, to the Counsel for Defendant via first-class United States mail addressed as
follows:
Matthew J. Eshelman, Esquire
2108 Market Street, Aztec Building
Camp Hill, PA 17011
---
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Thomas M. Kulz, Esquire
Attorney for-El!!!..ntiff I
Supreme Court ~8B7
date: June / SA, , 1996
CATHLEEN M. BLAND,
S[p D 5 1996
IN THE COURT OF COMMON PLEAS OF .\".-'
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO. 96-445 CIVIL TERM
BYRON T. BLAND
Defendant
: CIVIL ACTION - CUSTODY
M CUSTODY ORDER
AND NOW, this & day of , 1996, upon consideration
of the foregoing Stipulation of the parties, CA LEEN M. BLAND, hereafter referred to
as the Mother, and BYRON T. BLAND, hereafter referred to as the Father, concerning
the custody of their minor child, Joseph R. Bland, the following Custody Order is
entered:
1. The Mother and Father shall share legal custody of their child.
2. The Mother shall have primary physical custody of their child.
3. The Father shall have the following periOdS of partial physical custody
of the child:
a. every Thursday, from 9:00 a.m. to 9:00 p.m.;
b. on alternating Sundays from 9:00 a.m. to 9:00 p.m., Father's first full
Sunday to be March 17,1996;
c. for the following holidays physical custody shall be alternated
between the parties: Easter, Memorial Day, 4th of July, Labor Day
and Thanksgiving from 9:00 a.m. to 9:00 p.m., the Mother to begin
the alternating holidays by having physical custody of the child on
Easter, 1996;
d. Christmas: the parties shall alternate physical custody between
Christmas Eve and Christmas Day with the Mother to have Christmas
Day, 1996.
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.
4. The parties shall share transportation to and from one another's
homes as they shall agree. If, however, no agreement can be reached the Father shall
provide transportation to his home for his periods of physical custody and the Mother
shall provide return transportation.
5. Each party shall have reasonable access to the child by telephone
while the child is in the custody or temporary custody of the other, such telephone
contact to be well before the child's bedtime and shall be no more than 15 minutes in
duration,
6. Neither party shall disparage, denigrate or otherwise criticize the other
parent to the child or in the presence of the child, both parties recognize that it is in the
child's best interest that any disputes between the parties not be discussed with or in
his presence.
7. The parties, by mutual agreement, may vary from the terms of this
stipulation at any time out the order entered pursuant to it shall remain in effect unliJ
either party petitions to have it modified or changed,
By the Court:
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CATHLEEN M, BLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 96-445 CIVIL TERM
BYRON T, BLAND
Defendant
: CIVIL ACTION. CUSTODY
nl~ULATIQN 01:: PARTIES REGARQI~G 9USTODY
THISSTIPULATION,lsmadethls /~~ day of ~""4'S'~ ,1996,
between CATHLEEN M. BLAND, hereafter referred to as the Mot er, and BYRON T.
BLAND, hereafter referred to as the Father.
WHEREAS, the above.named Mother and Father are the parents of the
following child born on the following date:
Josoph R. Bland
date of birth: August 23, 1994
AND WHEREAS, the Mother and Father are currently living separate and apart
and desire to enter into an agreement as to the custody of their child.
NOW THEREFORE, to effectuate this desire, the Mother and Father hereby
agree to the entry of an Order providing the following:
of the child:
1. The Mother and Father shall share legel t;'ustody or their child,
2. The Mother shall have primary physical custody of their child.
3. The Father shall have the following periods of partial physical custOdy
a. every Thursday, from 9:00 a.m. to 9:00 p,m,;
b. on alternating Sundays from 9:00 a.m. to 9:00 p,m., Father's first full
Sunday to be March 17, 1996;
c. for the following holidays physlcel custody shall be alternated
-'
.... ..,
between the parties: Easter, Memorial Day, 4th of July, Labor Day
and Thanksgiving from 9:00 a.m. to 9:00 p.m., the Mother to begin
the alternating holidays by having physicel custody of the child on
Easter, 1996;
d. Christmas: the parties shall alternate physical custody between
Christmas Eve and Christmas Day with the Mother to have Christmas
Day, 1996.
4. The parties shall share transportation to and from one another's
homes as they shall agree. If, however, no agreement can be reached the Father shall
provide transportation to his home for his periods of physical custody and the Mother
shall provide return transportation.
5. Each party shall have reasonable access to the child by telephone
while the child is in the custody or temporary custody of the other, such telephone
contact to be well before the child's bedtime and shall be no more than 15 minutes in
duration.
6. Neither party shall disparage, denigrate or otherwise criticize the other
parent to the child or in the presence of the child, both parties recognize that it is in the
child's best interest that any disputes between the parties not be discussed with or in
his presence.
7. The parties, by mutual agreement, may vary from the terms of this
stipulation at any time but the order entered pursuant to it shall remain in effect until
either party petitions to have it modified or changed.
IN WITNESS THEREOF, the Mother and Father execute this agreement and
request that a Custody Order be entered to reflect its terms.
d!!.JI/ At. 117, g}d1ft!
CATHLEEN M, BLAND, Plaintiff
n
Matthew J. Eshelm ,Esquire
Attorney for Defend nt
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CATHLEEN M. BLAND,
Plaintiff
: IN THE COURT OF ca-1MON PLEAS OF
CUMBERLAND COUN'l'Y PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 96-445
BYRON T. BLAND,
.
.
Defendant
: IN CUSTODY
au>ER OF CXXlRT
AND 1Oi, this 5TH day of September, 1996, the Conciliator, being
adv~,sed by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
I2H~
Dawn S. Sunday, Esqu re
Custody Conciliator
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CATHLEEN M. BLAND,
Plaintiff
V.
BYRON T. BLAND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-445 CIVIL TERM
IN RE: MOTION FOR CHANGE OF VENUE
ORDER OF COURT
AND NOW, this 12'h day of November, 2010, upon consideration of Defendant's
Motion for Change of Venue, a Rule is hereby issued upon Plaintiff to show cause why
the relief requested should not be granted.
RULE RETURNABLE within 14 days of the date of this order.
"Cathleen Bland
501 Windy Hill Road
Shermans Dale, PA 17090
Plaintiff
Jessica C.D. Holst, Esq.
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
CATHLEEN M. BLAND, : IN THE COURT OF COMMON PLEAS OF V),
Plaintiff : CUMBERLAND COUNTY, PENNSYLVA N-*
.zm
VS. NO. 96-445 CIVIL TERM
cp
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CO rz
BYRON T. BLAND, IN CUSTODY za
Defendant >C: CO
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PETITION TO MAKE RULE ABSOLUTE
Petitioner, MidPenn Legal Services, hereby petitions to make the rule absolute and in
support therefore avers the following:
cz''
1. On November 5, 2010, MidPenn Legal Services filed a Motion for Change of Venue in
the above-captioned matter.
2. On November 12, 2010, this Court issued a Rule Returnable within 14 days of the date of
this Order.
3. To date, no response has been filed by Plaintiff/Respondent, Cathleen Bland.
WHEREFORE, Petitioner asks that this Court make the Rule absolute and grant the relief
requested in the Motion for Change of Venue.
Midfelnn Legal Services
401 fast Louther Street
Carlisle, PA 17013
(717) 243-9400
. It
CATHLEEN M. BLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96-445 CIVIL TERM
BYRON T. BLAND, IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a
copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner
indicated below:
U.S. First Class Mail, Postage Pre-Paid
Cathleen Bland (Kiner)
501 Windy Hill Road
Shermans Dale, PA 17090
MidPenn
Date: 12.0 - "3
Jes`si blst, Esquire
MidP Legal Services
401 st Louther Street
Carlisle, PA 17013
(717) 243-9400
Inc.
d
DEC 0 9 2010
CATHLEEN M. BLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96-445 CIVIL TERM
BYRON T. BLAND, IN CUSTODY
Defendant
ORDER
AND NOW, this Zl day of December, 2010, upon consideration of the Petition
to Make Rule Absolute filed by MidPenn Legal Services, the above-captioned matter shall be
transferred to The Court of Common Pleas Perry County.
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Distribution:
Jessica Holst, Esquire
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
Cathleen Bland
501 Windy Hill Road
Shermans Dale, PA 17090
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