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HomeMy WebLinkAbout96-00878 j i I I I I \ ij C C c!J . '" 7' t: /' ! .~ i C J ( ~ :J -9 0- .! o 2\ , /} - ~"'" " ;'- --~:-~:-:---:::':-._'-~ I , " . I' I r- , , I I "'-' III ... 0: :Z:0l 0.. "'0 r...o: 1-<0: III 0... ..... !:!I-<~ g~ . I-<~ f:: re "'",N o I ~ . Of!:!:::... g 01 r..0 ..~~ 01 ~ Or.. tl)f-400'l I-< ~tI)r--N :z::z: c 01 '" I-<:Z: ...::c......... 001, -.I :z: ... 01 c: 0:... IIlC ' ~~:z: ... ... ... .. ~Cl >0 > ~ .... >0 " :'::I-t<~ ~ ... '" -.I c: "01 c.:I:CI14N >00 0 re c IJl -.I QI 001 ~I-< I 1-<'" '... > r:l ... IIlg r..~!J III .. QI III .... '~ 01.... 0 .0: .... Cl :z:o: o -.I... 000: 0 ... .. I-< ..... III 1-<0-.1 :z: '" >00", 0 01 1-<0 8S;: I-< 0 "'1-< ~~~ I :ij Z > o ... '" ... ~~ 0: 0 .0 '" > f:l0l ...0: r..0l 1-<01 ~-.I I :0: :Z:O 0: "'0 e r I I I n 1 J ANTONIA 'INNINGTON, ,laint.iff IN THI COURT OF COMMON ,LIAS OF CUMBI!IU.AJll) COUJITY, PlNNSYLVIUUA v. VINCINT ULLY BIlNNITT, Defendant. NO. 96 - CUSTODY CIVIL TIlJll( AFFIDAVIT IN SUPPORT OF PSTITION FOR LI!AVIl TO PROCIID IN FORMA P~UPERIS 1. I, ANTONIA PENNINGTON the p1aint.iff in the above matter and becauae of .Y financial condition a. unable to pay the fees and costs of prosecuting, defending, or appaaling the action or proceeding. 2. I, IUlTONIl\ PI!NNINGTON 10 unable to obtain funda from anyone, including .y family and associates, to pay the costs of litigation. a) Name:ANTONIA PENNINGTON Address. 137G Orand View Ct.., Carli.l., PA 17013 Social Security Number.208-54-2064 b) If you are presently employed, state Employer: Address . Salary/wages per month: Type of work: 3. I, IUlTONIA PENNINGTON represent that the information below relating to .y inability to pay the fees and costs is true and correct. If you are presently unemployed, state Date of last smployment.Not a.ployed, preaent.ly on APDC SalaryJwages per month: none Type of work. none 0) Other income within the past twelve months Business/profession: none Other self-employment: none Interest: none Dividsnds: none Social Security bensfits: non. Support payments I non. Disability payments I noo. Unemployment compensation and supplemental benefits. none Worker's Compensation. oone Other. non. If wifs/husband is employed, state Employer.oone Addreas:none Salary/wages per month. none Type of work:nooe Contributions from child(ren): none e) Property owned Cash. oooe Checking Accountl oone Savinge Account. $2.00 Certificatee of Deposit. oooe Real Eetate (including home).oooe Motor vehicle,oooe Coet Amount owed Stocke/bonds, $50.00 Other, oooe \ ! f ') Debt. and obligations Mortgage' oooe Rent: Done Loans: Done Monthly expenses: $109.00 g) pereone dependent upon you for eupport Wife/hueband Nams:oone Childlren), if any: La'~an De.ie (5), Vincent BaDGett (4), Meteya McNeil (2) 4. I, ANTONIA PENHINGTON understand that I hays a continuing obligation to inform the court of improysment in my financial circumstances which would permit me to pay the costs incurred herein. s. I, ANTONIA PENHINGTON yer ify that the statsments made in this affidavit ars truf' and correct. I understand that false statements herein are made eubject to the penalties of 18 Pa. C.S. S 4904, relating to uneworn falsification to authoritiee. ALii;.; LtW;~ AHTONIA PISNHING'rON .f7 Datel li I'. I,. l:; l~ 1,;. lii. If-~ r'l. .f'. ~..: ;1: ." r.f v. I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9~-878 CIVIL TERM CIVIL ACTION - CUSTODY ANTONIA PENNINGTON, Pldnt.J.l1 VINCENT KELLY BENNETT, Defendant. COURT ORDER AND NOW, t.his ~ day of M'2J.. L, considerat.ion of t.he at.t.ached Custody Conciliation ordered and directed as follows: , 1996, upon Report., it. 1s 1. The Mother, Ant.onia Pennington, and the Father, Vincent Bennett, shall enjoy shared legal custody of vincent. Daries Carnell Bennett, born September 13, 1991. 2. The Mother shall enjoy primary physical custody of t.he minor child. 3. The Father shall enjoy periods of temporary physical cust.ody of the minor child at such times and under such arrangement.s as ~gr~~d upon by the parties. 4. This Order is issued based upon the information recited in the attached Custody Conciliation Report. It is not.ed that. t.he Father did not. at.tend t.he Cust.ody Conciliat.ion Conference. In the event t.he Fat.her desires to have this Order modified in any way, Fat.her may petition this Court for such a modification, at. which time the case can again be reviewed by the Custody Conciliat.or. Father reserves t.he right. to challenge the jurisdiction of the Pennsylvania Court on any petition that he may file regarding entry of this Order. 5. Counsel for the Mother shall serve a copy of this Order, along with the attached Custody Conciliation Report, on the Father by sending a copy to the Father's last known address by regular mail and by certified mail. BY THE COURT, >"\ , 1 I rY?,: I.~ . cc: Ruby D. We,ks, Esquire p:"-o t...-r---" ,-,....,,:"L.t .) /} II V" .iT' . ANTONIA PENNINGTON, , IN THE COURT OF COHHON PLEAS OF Plaintiff , CUMBERLANO COUNTY, PENNSfLVANIA . . v. : CIVIL AC'l'ION - LAW . . VINCENT KELLY BENNETT, . NO. 96-878 CIVIL TERM . Defendant : . CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b}, the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is subject of this litigation is as follows: Vincent Daries Carnell Bennett, born September 13, 1991. 2. A Conciliation Conference was held on March 8, 1996, with the following individuals in attendance: The Mother, Antonia Pennington, with her counsel, Ruby Weeks. The Father did not attend. The Father resides in Georgia. Attorney Weeks indicated that notice of the hearing was sent regular mail and certified mail on February 26. The certified mail return receipt was not yet available. 3. The parties have an existing Custody Order entered by a Court in Georgia in 1993. The action in Georgia had been filed shortly after the Mother had relocated to Pennsylvania in late 1992. The Georgia Order provided that the Father would have various periods of custody with the minor child. 4. Mother relates that the Father has not followed through with his allotted time of physical custody with the minor child. Specifically, she notes that the Father has not seen the child since August of 1995, even though the existing Order provid~d that the Father would have custody for September and October of 1995, and also for January and February 1996. 5. The Mother desires a modification of the Custody Order to reflect what the current factual situation is with respect to physical custody. The Mother also desires that the Custody Order be modifiad because she anticipates the child will be starting school soon, possibly in September 1996. Ii. ~ ~ \.. II H ... c ~ III C .."" U III OM c r:!..::: ~~ . ti r:! ... N C~' ~ . ..; 01 :::. ..:- ~ '" .....:s III tnf0400\ 21 . .. Z C&1C1)""N ~~I " .. ., c '6'" ... w z .... III C Z III I ... ... .... .. ..; ~H-c~ ... > z .~ ... 'tI 8 .~ c ... z ., , w c t ~:Ca..N ..... ~ u .. c: " W 01 3:.. I di1!:l ... .~ > .. .... ... 1Il .... III .. :.: 01 0 tl 'faJCIII""f 08< ..; .... '" .., O3ufr- ... ... .. .. w z z a: "'0'" gjc... g tJ 0 ~I""t= .. 8~~ I ~ Z '" ;.I .. 0; u '" > z ... [;!.. :j ..'" :0: zc X ...u 0 u (;; .\ ji .- ORDIR 0' COURT AND NOW, this ~~day ot _\:::c hr",c,p{ , llll; upon considsration .&. IN TNI COURT 0' COMMON 'LIAS 0' CIIlClIIRLAJlD COUNTY, PINIlSYLVANlA CIVIL ACTION - LAW CUSTODY 9&..:1 ~ dt.JV(,H CIVIL TUN ANTONIA 'INIlINGTON, .1dAUff VINCINT ULLll ..NNlT'II, Del.Adant. ot the attach..d complaint, it is hereby dirscted that the partie.. and their n..pectiv. coun..ei appear befor.. f~'bcf"\ 'f.-. b-\ r.vr54, the conciliator, at LjU, floo{(v...~ (D.(tJ<>(,~:th..~J.,dayot' f'JI"'fcJ...., 19qL. at \O:~ ~.m., tor a Pre-Hearing Custody Conterence. At such conterence, an effort will b.. made to r...olve the iOBues in disput.., or it this cannot be accompll..hed. to d..fine and narrow the issues to be heard by the court, and to enter into a t..mporary ordor. Ail children age five or older may also be present at the conference. Failure to appear at the conterence may provide grounds for entry of a temporary or permanent order. FOR THE COURT. By. Custody The Court of Common 'lea.. of Cumberland County is required by law to comply with the Americans with Disabiliti..s Act ot 1990. For information about acce....ibl. facilities and r..asonable accommodations available to disabled individuals having busin..s. before the court, please contact our office. All arrang..ments must be mad.. at l.eut 72 hours pr ior to any hearing or busin..ss betore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVI A LAWYER OR CANN~ AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BILOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Oft ice of the Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 ..,A I' ;, . '; 'I d~:;}f1t- tiJ, ttyl /J'!{;..u/ i t"J~ IJ.~? () ,.,,)9(, 7!d.l Im:.h/ Z, 1/&#'/ 1 .~ 9,1 J J . I 7. ,..J . .rd c 'v ('771 l,u,z~,t' ~I' il ~7 r ' ANTONIA .aIlNINGTON, , IN TIll COURT Of' COIOlOll .LlAS O' 'laJ."UU I CUllSIRLAJlD COU1l'J!Y, .IHNln.VANIA I .e. I CIVIL ACTION - LAN I CUSTODY VINelNT ULLY BINNlTT, I Defe"dA"" I NO. CIVIL 1996 ORDIR or COURT YOU, VINCENT KELLY BENNETT, Detendant, have been lued in Court to obtain custody, partial custody or vilitation ot the child, born September 13, 1991. You are ordered to appear in person at Courtroom No. , Cumbe" land County Courthouee, carlisie, Pennsylvania, on , the _ ot I 19_, at .M. fo" a hearing. Until luch hearing, cuetody ot thl>> child shail be and remain with the natural mother, ANTONIA PENNINGTON. If you fail to appear as provided by this Order, an Order for custody, partial cUltody or visitation may be entered against you or the Court may ielue a warrant tor your arrest. 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 rIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carli.le, Penneylvania l7013 Telephone: (717) 240-6200 BY THE COURT, J. AIlTOIlIA '_IIIG'JOIf, I IN TII COURT 0' COMMON .LIAI 0' .1aLlIt1f1 I CUMBIIUJUID COUNTY, PlllNlYLVANlA I ... I cIVIL ACTION . LAW I CUSTODY VINel1l'l ULLY IIHN1'J'J, I Delend."t I NO. CIVIL U96_?1'? COMPLAINT FOR JOINT AND SHARED CUSTODY TO TlI IOMORABLI, TII JUDOIS 0' SAID COURT. 1. The Pla.ntitt ,", ANTONIA PENNINGTON, hereatter reterred to as the natural mother, rel.ding at 1370 Grand View Court, Carlille, Cumberland County, 'ennlylvania, 17013. 2. The Defendant i.. VINceNT KELLY BENNETT, hereatter referred to .. the natural rather, residing at 3364-D Chelsea Park, Norcroll, Gwinnett County, Georgia, 30092. 3. Plaintitr seeks legal cUltody ot the following child. a. lWu ftI..nt Residence As1I Vincent Dariel Carnell Bennett, 137~ ~~~~~ View Court, Carliele, 4 b. The child wal born on September 13, 1991. c. The child is presently .n the custody ot the nat~ral mother, who re..ide. at 1370 Grand View Court, Carliale, Cumberland county, Pennsylvania, 17013. d. The child has redded with the tollowing persons anc1 at the following addressel tor the past 16 months I Persons Address una 9/13/91 to 9/4/92 Vincent Bennett & Antonia Pennington Antonia Pennington 3364-0 Chelsea Park N,rcross, Georgia 1370 Grand View court carlisle, PA 9/4/92 to present 3. Plaintiff hal not participated III a party or witne.., or in another capacity, in other lit.gation concerning the custody of the chilc1 in this or another Court sxcept as per the attached Order of Court dated April 6, 1993, which is made a part hereof as though tully set forth her.ein. 4. Plainit1tf has no intormation ot a cuetody procesding concerning the child pending in a Court ot thil Commonwealth or any other jurildiction eince the above Order reter~nced in paragraph 3 above. 5. Pl&inittt does not know of a perlon not a party to the proceedingl who hal phyeical cUltody of the child or claim~ to have cuetody or vieltation rightl with respect to the child. 6. Each parsnt whOle parental rights to the child hes not been terminated and the perlon who has phYlical custody ot the child has been named al partiel to ehie action. There are no other persons who are known to have or claim a right to custody or visitation ot the chJ.ld, so none will be given noeice ot the pendency ot thls action and the right to intervene. \ , , CUlto<ly 23 5301 the mother , 7. Pureuant to the Act, pa C.S.A. st. .sq. , requelto this Court to grant an award ot legal custody to her. 8. The mother requests physical custody ot the child in that Ihe is in a better position to provide consistent and stable care tor the child end ehe is the parent more likely to assure that the child have a relationship with both paren'Gs. 9. The best interests and psrmanent weltare ot the child and his phyeical, spiritual, emotional and moral well-being will be served by granting the reliet requested ot legal and physical c~stody with the mother. lO. Plaintitt, mother prays tor an Order awarding legal custody of the minor child, VINCENT DARIES CARNELL BENNETT, born September 13, 1991, to the Plaintitt, mother and with partial custody awarded to Detendant father as this Court determines is in the best interests of the child. WHERE'ORE, Plaintitt mother prays tor an Order awarding legal custody ot the minor child, VINCENT DARIES CARNELL BENNETT, to the mother, with actual physical custody to the mother. Date, ~-IL- '/(, Respectfully submitted, Pb-o-DLJu~ Ruby t"wet\l<l, Esquire Attorney for plaintitt 10 West High Street CarliSle, Pennsylvania 17013 (717) 243-1294 COIIMOIldALTIl O. PlJlJlan.VANIA COllllTY or CUMIIIRLAND .s Par,onally appeared betora me, A Notary Public in and lor the commonwealth and County atore.aid, the undar-eigned, bei.ng duly .worn according to law, depo.e, and .ay' that the tacta ,et torth in tha toregoi.ng Complaint are true and corr.ct. Sworn to and .ub.cribed to betore ,me thi.. I'J r I, day., ot ~ ....,. I. I ,. ,'I. 'f / . 19~. . i . ~ /', , ",' s , . / (II! (( , Notary. ;ujili.c ',A V1.".;1i6 l/ M.\;-~'; C:/r~,.. ~, " CCtTt,T! _ '~k." ; I . ,~.:U~ ; .!~; ~::~J "'11"; AI:!' 1 i 1197 'r .,", OJ,. il'.. '.. .IHI'lI'~.lOlI:< ........,-.-. .....' , .~"''''".'., -, ( ( IN THE SUPERIOR COURT OF GWINNETT COUNTY IN THE JUVENILE COURT OF GWINNETT COUNTY STATE 01' GEORGIA VINCEH'l' OLLY BINNETT, r", ..... u.> "'" :"., ~ ~""\I-:.,,!r~ ~ .~ ~O -4-" _ ("":: C"~~) 1"....._.:':1 c.:O"'" ~;.rJ~ -", - ~',r";' . . . I I I I I I I I I I parties I ?- -:-:-n 0";;:':::; ...._.. ~"h. "~'_,"'.fI.".. Plaintiff, , v.. CIVIL ACTION rJLBC; .... "" NO. 92-A-699l-2~D ;i ~ '-t.') "'/":' rot \""'..) . JuvenileFCQ~~~,~~~ ,fl-3488,.;.2 ,I.. Lf"J /; ,'~ .,l ..t_JI~ I, ,-.1..'- '__, "... ANTONIA PENNINGTON, Defendant and VINCEH'l' DARIES CARNELL BENNETT, the minor child of MAY 1 8 1993 the ORDER The within and foregoing case havinq '3 ,.. :.~~~(;.';D Clt':l' 1,h.:V':r.uc C.O:Jft. com::riJ~!6;e'-:theC?cS'Uh for trial on the 6th day of April, 1993, and atter hearing testimony of witnesses and argument of counsel, the Court finds that it is in the best interest of the minor child, VINCEH'l' CARIES CARNELL BENNETT, born September 13, 1991, to order as follows I 1. The issue of paternity was stipulated by both parties and it i8, therefore, ordered that VINCENT KELLY BENNETT is declared to be the biological father of VINCENT CARIES CARNELL BENNETT. 2. The issue of legitimation was stipulated by both parties and it is, therefore, ordered that the child already known a8 VINCENT CARIES CARNELL BENNETT is hereby declared to be the legitimate child of VINCENT KELLY BENNETT pursuant to O.C.G.A. 19-7-22, and is now capable of inheriting from his father in the 8Ame manner as if born in lawful wedlock. , I , t I I I I I it . ( ( 3. It il further ordered that ANTONIA PENNINGTON (hereinafter reterred to as the Mother) and VINCENT lELLY BENNE'l"l' (hereinatter OR f A"___,~" . d h h 11 h h i 1 d 1 1 ,.~'I"Ii';'J" reterre to.. t e rat er) Iha ave joint p ys ca an ega """"'t.-.l.P.4, ....... <'.- '" "', cU8tody of the minor child as defined in O.C.G.A. 19-9-6 as being 1 (a) .Joint legal custody. means both parents have equal rights and responsibilities tor major decisions concerning the child, including the child's education, health care, and religious training. (b) .Joint physical custody. means that physical custody is lhared by the parents in suca a way as to assure the child of lubstantially equal time and contact with both parents. 4. The child shall reside with the Mother and the Father on the following schedule 1 (a) The year 19931 1. The Mother shall have physical custody during the months of April, May, June, September, October, November and December. , 2. The Father shall have physical custody during the months of July and August. (b) The year 19941 1. The Mother shall have phYBical custody during the months of January, February, March, April, September, October, November and December. 2. The Father shall have physical custody during the months of May, June, July and August. . ...........r~ . ~-. ~_. - - .., j-~; "1" . I. I ( ( (c) The years 1995 and 1996. 1. The Mother shall have physical custody durinq the months of January, February, September, Oct,ober, Rovember and December. 2. The Father Ihall have physical custody durinq the monthl of Karch, April, Kay, June, July and August. (d) The year 1997. 1. The Mother shall have physical custody of the DL1nor child durinq the months of January, February, March, April, Kay, June and July. 2. The PatheL' llot.",j 1 h.,a;r.,;; ph'~(lI\.17&.L c'.&oi'tody of the DL1nor child during the montha of AU <;j'J:iIt., September, October, November and December. (el Commencing with the year 1998 and continuing until the child reaches the age of majority. 1. The Mother shall have physical custody during the summer months when the child is not attending school, commencing one week after school lets out for summer vacation and ending one week before school reconvenes in the fall. 2. The Pather shall have physical custody during the months when the child is attending school commencing one week before school reconvenes in the fall and ending one week after school lets out for summer vacation. (f) Each parent shall provide one-way transportation to effect the above changes of physical custody. 5. ;', Each parent shall have visitation with the minor child durinq the tlme when the other parent has physical custody of tpe DL1nor . . ..._.....,. II..P"llf ~f".-J'l ~ ~.f""'" ( ( child al tollowsl (-) Each parent ahall have a _ekend visitat-ion in the state ot the puent in whom phydcal cUltody lies in any given IlOnth on the lecond _ekend of each month from Friday at 6100 p.m. until the following Sunday at 6.00 p.m., away from the ho_ of the other puent. (b) The non-custodial parent during the month at November Ihall have the right to have visitation with the child during the child'. Thanksgiving weekend visitation. (C) The non-custodial parent during the month of December Ihall have the right to have vi8itation with the child during the ch!ld's Christmas vacation from school, as follows I in even years from the day after school lets out for Christmas vacation until noon on Christmas Day, and in odd years from noon on Christmas Day until 6.00 p.m. on New Year's Day. (d) The non-custodial parent shall have spring break from school in even years, and if spring break does not fall during Easter Sunday, the parties shall alternate Easter Sunday visitation. (e) The parent who is exercising visitation shall be responsible for the cost of transportation to exercise visitation. 6 . pay The Father shall/the sum of Three Hundred Eighty ($380.00) Dollars per month commencing with the month of Hay 1993 and continuing for the year 1993. However, during the year 1993, the Father's obligation of child support in the months of July and , ...' ~"",r,,"" . ""{'" ~ ~". . . .........,...~... ( ( August shall be reduced to $200.00 per month. In the year 1994, the 'ather shall pay the IUIII of $380.00 per month for the montha of January, Pebruary, March, April, September, OCtober, November ..,and December. In 1994 durinq the months of May, June, July and August the Pather's obligation for child support shall be reduced to $200.00 per month. COllllllencinq in March 1995 the rather's obligation for ehild. support shall be terminated during the months in which the child lives with the 'ather, and he shall be obligated to pay $380.00 per month during the months that the child lives with the Mother. The Pather shall pay the above child support SUIII by money order or certified check to the Office of 'Child Support Enforcement, P.O. Box 1107, Lawrenceville, Georgia, 30246. Both the Father and the Mother shall notify the Office of Child Support Enforcement as to the actual dates the child has spent with each parent, even if those dates are as noted above in the visitation schedule. 7. As further child support, the Father shall be required to maintain the minor child covered with a health insurance policy. Any expenses which are not covered by said insurance, shall be equally shared by the j~lts. SO ORDERED, this day of May, 1993. ~~ ',- /j ,~ TH "5 HEN FRANZEN, JUDGE JUVENILE COURT OF GWINNE'l'T CO. GWINNETT COUNTY, GEORGIA (signatures continued) and SUPERIOR COURT OF GWINNETT COUNTY by designation II .' ' ( ( J' "1 ,..... .-....".".,'. ..e1.:'" ~ -' Con.entecl to' Kelt nney orney for 1aint 1 Holcomb 8ridg8 te B-2 cro.., Georgia 30071 (, II I I II \.U..1