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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
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') 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
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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,
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Ruby D. We,ks, Esquire
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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.
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ORDIR 0' COURT
AND NOW, this ~~day ot _\:::c hr",c,p{
, llll; upon considsration
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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
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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.,
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IN THE SUPERIOR COURT OF GWINNETT COUNTY
IN THE JUVENILE COURT OF GWINNETT COUNTY
STATE 01' GEORGIA
VINCEH'l' OLLY BINNETT,
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NO. 92-A-699l-2~D ;i
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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
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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.
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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
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<'.- '" "', 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.
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(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
.
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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
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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.
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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
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Con.entecl to'
Kelt nney
orney for 1aint
1 Holcomb 8ridg8
te B-2
cro.., Georgia 30071
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