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Home My WebLink About98-06169 >- \... l- ~. , ./J. 7' .1>. - . ~ E f L. ~ J 0- .3 - ~. ANGELA M, MILLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM-/ , , I i MICHAEL FERRY, Defendant CIVIL ACTION - LAW IN CUSTODY CYNTHIA J, FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3524 v. MICHAEL FERRY and ANGELA MILLER, Defendants CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW THIS day of , 200_ upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the day of , 200_ at A,M.iP.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. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator at least 48 hours prior to the scheduled conference, FOR THE COURT, BY 'I ;i ., " 'I Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 II I , , i I <I Ii ANGELA M, MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98,6160 CIVIL TERM v, MICHAEL FERRY, Defendant CIVIL ACTION - LAW IN CUSTODY CYNTHIA J. FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3524 MICHAEL FERRY and ANGELA MILLER, Defendants CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Michael Ferry, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The father, Michael Ferry, is an adult individual who resides at 333 Surd Street, Shippensburg, Cumberland County, Pennsylvania. " 2. The mother, Angela Miller, is an adult individual whose present residence !i is unknown. 3. The paternal grandmother, Cynthia J. Ferry, is an adult individual who j; il " II II II 'I il 'I resides at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. I , II! I ~ ' 4. The mother and father are the parents of one child, Alexis Ferry, born August 2, 1997. WHEREFORE, father respectfully requests that this Honorable Court suspend mother's rights to custody of the child or in the alternative to enter an Order requiring mother to exercise supervised custody of the child, Respectfully submitted, O'BRIEN, BARIC & SCHERER /lm1lvW1 Michael A, Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d ir/domestic/ferry/mod ify .pet ANGELA M. MillER, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, 9~-6169 CIVil TERM I I II MICHAEL FERRY, CIVil ACTION-LAW Defendant IN CUSTODY " Ii ORDER OF COURT AND NOW, this 13+~ day of .21rr ; l , 2000, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter II are hereby vacated, I ! BY THE COURT, I !! " !i I' !s/ rJ.LU(/A) [' JL~ I J, I, Ii I! 'I j: : ~ i .1 , , Ii ': i! .' Ii Ii ii "EXHIBIT 1\" " Ii Ii d I' ~ ~ .,-",. 1" ., t: ",.. .' " . i'I.~J ,,\:,'21';:.) :...I....l~ . :-'.. ' ....'. ',I~O!"F~( ,:'F;) {';Y,'j':l:':H:-..,..-;r., ,-'''\I'I~':' J: \.,j:j.';i;I:;"l~r/,";tt;{:' ...tiJt.c . ., 'it., , .",' " ~.;- ::tf '. \' ,. -' "~. .-- .1f---- -. II ANGELA M. MillER, Plainliff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-B169 CIVIL TERM MICHAEL FERRY, Defendant CIVil ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION enlered inlo the day and year hereinafter set forth, is made by and between Angela M. Miller (hereinafter referred to as 'Mother") and Michael Ferry (hereinafter referred to as "Falher"). WHEREAS, the parties are the natural parents of Alexis Bree Ferry, born August 2, 1997 (hereinafter referred to as "child"); and, WHEREAS, the parties are presenlly separated and living in separate residences; and, II WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and Ii agreements as hereinafter set forth, the parties agree as follows: ,I " .1 II :I " i 1. 2. The parties shall have joint legal custody of the child. Father shall have primary physical custody of the child. 3, The maternal grandmother, Elaine Yeager, shall have partial physical custody of the child every other weekend until such time as Mother is able to resume custodial responsibility of the child. r- ( '...~. r-"-'" 4, Eithor party may potition tho Court to modify the terms of this Stipulation and Agreement upon changed circumstances of the parties or the child, 5. The parties will keep each other advised immediately relative to any I: emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the I: I other party, or injury the opinion of the child as to the other party or which may hamper I I the free and development of the child's love or affection for the other party. 7. Any modification or waiver of the provisions of this Agreement shall be effective only if made d'~~~~f o~~~J(tf.:~~ thi3 "l' Stipulation :ar:lrl Aa'E'Il'll"nl 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification II of said Order. II Ii I 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. "'i~"" . , -.. ~ J.....1I1 qu:.J' ..1 ) ,V' CYNTIIIA J. FERRY, Plainli!'!' IN TilE COURT OF COMMON PI.EAS Of CUMBERLAND COUNTY, PENNSYI.V ANIA v CIVIL ACTION - LA W MICHAEL fERRY and ANGELA MILLER, Defendants NO. 01.3524 CIVIL 98.6169 IN CUSTODY COURT ORDER AND NOW, this 30 ~ day of August, 2001, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: I. The Father. Michael ferry, shall continue to enjoy legal and physical custody of Alexis ferry. born August 2, 1997. 2. The Pate mal Grandmother, Cynthia J. Ferry. shall enjoy periods of temporary physical custudy wilh the minor child as lollows: A. On every Tuesday and Thursday from 9:00 a.m, until 7:30 p.m., except lor those Tucsdays and Thursdays whcn fathcr is not working. Father shall provide the Grandmother with a schedule in advance. B. At such other times as agreed upon by the parties. 3. The parties shall meet again with the custody conciliator on Thursday. October 4. 2001 at 8:30 a.m. In the event the parties are able to reach a pemlanent agreement prior to the conciliation conference, legal counsel for the parties may contact the conciliator to cancel the scheduled conciliation conference. 4. In the event the parties are unable to reach an agreement aller another conciliation conference and this matter nceds to proceed tu a hearing belore a Judge, il is noted thai the father reserves any defenses he may have including a claim that the Patemal Grandmother docs not have standing to seck visitation rights. 5. This order shall be merged with the order entered at Docket No. 99-6169 insofar as the Maternal Grandmother, Elaine Yeager shall continue to exercise custody on alternating weekends until such time as the Mother is able to resume custodial responsibility lor Ihe child. "EXHIBIT B" (,. It j, fUr1h~r ord~ll'(l Ih,11 Ih~ C;ISCS al lloch~1 No. 9X.6IG'I and al 01.3524 are (()nsoliJal~d a, noted abmc in Ihe carli"l!. BY TIlE COURT, _J~-~_U<.~___J. t:dwarJ E. Guido cc: Karl Rominger. Esquire Michacl Schercr, Esquirc ee: Mike Ferry 09/05/01 mUE COpy FROM RECORD In Testimony whereof, I hem unto set my hsnd and the seal 01 said Ccurt at Carlisle, Pa. rhis ..30 r1:- c;1ay 01 r':.J:.~ :~ ..2-<>0 ( ~MI'" () .~.JI ~. Prothonotari ~ CYNTHIA J. FERRY, PlaillliO' INIIIL ('( >lJR I 01 COMMON PLEAS OF CUMIlEI(I.ANI> CO! JNTY, PENNSYI.V ANIA v CIVil. ACTION - LA W MICIIAEL FERRY alld ANGELA MILLER, Defendants NO. 01.)524 CIVil. ')M.616'J IN CUSTODY Prior Judge: Edward E. Guido CONC'ILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TilE CUMBERLAND COUNTY CIVIL RULE Of PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submils Ihc following report: 1. The pertinenl infomlalion pertaining to the child who is the subject or this litigation is as follows: Alexis ferry, bom August 2, 1997. 2. A COllciliation Conference lias held 011 August 17,2001, with the following individuals in alleIidance: The Paternal Grandmother, Cynthia J. ferry, with her counsel, Karl Rominger, Esquire; and the father, Michael Ferry, with his counsel, Michael Scherer, Esquire. The Mother, Angela Miller, was not present. She is currently incarcerated. 3. The parties agree to the entry of an order in the fonn as attached. ~(o( DATE ar Hubert X. ail , Esquire Custody Conciliator CERTIFICA TE;_ 9LS_ERVICE; I hereby certify that on December J~_, 2003, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class U,S. mail, postage prepaid, to the party listed below, as follows: Karl Rominger, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, Pennsylvania 17013 Ii ,I !! 1 II I, i; I! I, :1 II Ii II II , ", ,":' =N~~ , JL.~~/t': . >~;et ~ ,'" l_'x.,~}_:;h:~r. ./~ j ~:':'~~~{~~~ --' >' ~,,(~;.;. ,."l'" ,fl'.' ,1"< .' ::.; ...,,"", '.::1 ,- "- - .~.,;':<':' . ..:,.,1(,,>..;-.;:',,;o:r}..;;::"i"'J'-lOi~< l . , I I _" ,\,"~ . ,.l'~--"\ {'/J' ~ .~ ..;\~. I ":l'Jll~f:.:.",,,"'':''I.~~~j;p,' ',~~,: ,,:~',>/:-;;<fi~ff;[MJ . .::.' ':';~::{<!"~;~~t~~~~~ > ,y .... :':;f~~ " .J (',.', , j', " ~c '.-'", ',', ,:(,;:~,\.?:;:,":.;'..:,." - ',,';' ,'I " ~',f''-'':':},~~ ',; ". '.. (.jl~rj!t~;:." .... .., .\\..:j .. " " . . , . ,.' .-,,' ;." ',I' II II I I ANGELA M MILLER. Plaintiff IN THE courn OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO 9~.6169 CIVIL TERM v. I I ,I 'I II I I I ! i I, 'I I, II I, II II Ii II II MICHAEL FERRY, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, is made by and between Angela M. Miller (hereinafter referred to as "Mother") and Michael Ferry (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alexis Bree Ferry, born August 2, 1997 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and I I' 'i , II I :1 Ii II " I !i Ii II I' Ii II !I I I agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Father shall have primary physical custody of the child. 3. The maternal grandmother, Elaine Yeager, shall have partial physical custody of the child every other weekend until such time as Mother is able to resume custodial responsibility of the child. Ii il 4. Either party may petition the Court 10 modify the terms of this Stipulation and Agreement upon changed CIrcumstances of the parties or the child 5 The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure II I that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. Any modification or waiver of the provisions of this Agreement shall be "./'-'J ))d,-lr'.(1 I~.. " (1 '(, '";1/, ) I!~ ,~;( ..:).~{ '( I/.~:L' (\ ,(\ effective only if madeinwr.iting.and-OnlY-i~exeGutectwith-ttle-same-forrnalily-as-this- \\ \ .StipttlalieA-8AG-AgfeemeAk-- 8. The parties desire that this Stipulation and Agreement be made an Order II of Court to the Court of Common Pleas of Cumberland County, and further II acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the proviSions of this Agreement. II II I' Ii II Ii d Ii 11. Each party acknowledges that the Agreement IS fair and equitable and ,I I: that it is not the resull of any duress or undue Influence II II IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the [i terms hereof set their hands and seal the day and year written below. ,I " 'I il WITNESS II II Ii Date: i I i I ., /', \ " I /,.' I . 1 )1/';') /~Ii '/ /... Ii J I (Angela M. Miller (7('", Date: 3 /..?- K /0 CJ j1t.CI/ 1:<-/ CftL-- Michael Ferry APR 03 200Gfi' ANGELA M. MILLER, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-6169 CIVIL MICHAEL FERRY, Defendant : CIVIL ACTION : IN CUSTODY COURT ORDER AND NOW, this ] '1 / day of A /YI' ./ I 2000 the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Es Custody Conciliato IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 98.6169 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ANGELA M MILLER Plaintiff v MICHAEL FERRY, Defendant I il PRAECIPE FOR WiTHDRAWAL OF COUNSEL ----ANDAPPEAR-ANCE OF CbUNSEL-- i I i I I i II 'I I i I II 'I I, I TO THE PROTHONOTARY Please note my withdrawal as counsel for Michael Ferry, the Defendant in the above matter. 1aiJ~ Todd Greene Certified Legal Intern Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, Pennsylvania 17013 Dated: Z -Ih - co BY: matter. Kindly enter our appearance on behalf of Michael Ferry, the Defendant in the above Dated: Z It-(. ~ O'BRIEN, BARIC AND SCHERER BY: ~~1~e Pa I.D.: 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 bfJ AI\:(jJ:l.A M. MII.L1-:I{, Plaintill II\: 1111, COIIIU 01- CO:o.lf\IO~ 1'L1.;\S OJ: CIIMIlLRI.;\NIJ C( >l r~ IY. PLNNSYI.V;\NIA \. (WII. ACTlO;'>J - I.A \\' :0.11('11;\1-:1. FUmy. IkJ"ndant NO. 'IX.!>I!>') CIVil. I~ CI :STOIJY COURT OIWER AND NOW. this ~_~~ day or Oetoher. 1'1'1'1. upon consideration or the allaehed C'uslody Conciliation Rcport. it is ordered and directed as 1(}lIows: I. All prior custody ordcrs in this casc arc vacalcd. 2, Thc Mothcr. Angcla M. Millcr. and thc Fathcr. Michacl Ferry. shall enjoy sharcd Icgal and sharcd physical custody of Alcxis Brec Ferry. born August 2. 1997. 3. Physical cuslody or the minor child shall be allernalcd on a wcck on/weck off basis with exchange of custody taking place Friday cvcning at or about 6:00 p,m. The allcrnating wcckcnd shall start on Friday. Oclohcr 29. 1999 with Fathcr picking the child up at 6:00 p.m. that evening /i'om the Mother. 4. During the weck the Mother has custody. Father shall bc able to enjoy onc wcekday cvening of custody with the minor child which shall he Irom 6:00 p.m.. or carlicr if the Fathcr gets out of work earlier. until 9:00 p.m. In the cvcnt Mother starts working. Mother shall enjoy the same period of 1I weekday evening with thc child during the week the Father has custody. Ifthc panics cannot agrec on 1I day. the day shall be Wcdncsday of each wcek. 5. When the fathcr has custody or the minor child and during such times the Father is at work, the falher shall contact Mother and allow Mothcr to providc daycare for the child during the times Ihe Fathcr is at work. This provision shall apply to both parties to handle situations when cithcr party will have an absenee Irom the child for a period of at least Ihree hours whcn that parent has custody. In those situations, the custodial parent shall always contacl the non-custodial parent and offcr that parcnt the !irst option to providc daycarc for the child. 6. Thc upcoming holidays will bc handlcd as I(lllows: A. The Mothcr shall have custody ofthc child on the Wcdnesday bcfore Thanksgiving Irom noon through 2:00 p.m. on Thanksgiving Day. Father shall have custody of the child from 2:00 p.m. on Thllnksgiving Day through friday at 6:00 p.m. AN(jELA M. MII.II.R. Plainlirr 1'\ 1111 ('OIR I 01 ('()\l\lo'\ Pl.h\S 01 ('1\11\1 RI "'II ('01" Y. 1'1 "SYI\''''''\ \ ('1\'11. :\('110' . 1:\\\ MICIIAI;1. FERRY. I kkndalll '\1) 'iX.(d (01) ('1\'11 1'\ (,IS IOi)Y Prior Judge: Edward E. (iuidn CONClI.IAT'ON CONFEIU::>in: Sl :""AltY UEI'OIH IN ACCORDANCE \\TIII TIlE ('l :i\t1lI;.I0 .:"11 COl :i\ IY CIVIL RULE OF PROCEDURE 1915.3-8(b).lhe undersigned Custndy Cnneilialor submits the 1l1llnwing repnrt: I. The pertinent inlimnatinn pertaining In Ihe ehild who is Ihe subject or Ihis liligation is as lollows: Alexis Bree Ferry. boO! Augusl2. 11)'17. 2. A Conciliation Conli:rence was held on Oetober 21. 1999. with the ti,lIowing individuals in attcndance: Thc Mother. Angela M. Miller. with her counsel. Carol A, Redding. Esquire; and the Father. Michael Ferry. with his counsel. Todd Greene of the Dickinson School of Law Family Law Clinic, 3, The parties agree to the entry oran order in the Ii>rln as attached. IO(f)./99 DA E //11 Hubert X, Gilroy Esquire Custody co; ator ANGELA M. MILLER, Plaint if f IN TilE COUHT OF COMMON PLEAS OF CUr~BERL"Nl) COUNTY, PENNSYLVANIA v. CIVIL ACTION - LMI IN CUSTODY MICHAEL FERRY, Defendant NO. 98-6169 CIVIL TERr~ AFFIDAVIT OF SERVICE I, hereby certify that on September 10, 1999, I serJed a copy of a Petition To Modify Custody Order on Angela M. Miller, residing at Charter at Cove Forge, New Beginnings Road, Williamsburg, Pennsylvania, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Lori Burket, an agent authorized by Angela Miller to accept mail on her behalf, on the 17th day of September 1999 as evidenced by Ms. Burket's signature on the attached green card. Ms. Miller authorized Lori Burket to accept delivery of the Petition to Modify Custody Order by signing Postal Service Form 3849. A copy of the form is attached. On October 4, 1999, Angela Miller called the Family Law Clinic. During our phone conversation, Ms. Miller stated that she received the petition to Modify Custody Order on or about September 17, 1999. LL'.t-~---- Todd Greene Certified Legal Intern FAMILY LAI'I CLINIC 45 N. Pitt St. Carlisle, PA 17013 7l7~243~2968 r SI::NDER' I 'Compll. ~ 1 II'Id/Of 2 for eddltlooal HMeel. I afso wish to receive the .~.1IImI3, 4., and -4b. following services (for an + ':::XAlml Wldadd.....onthet1lVWI.ofthi.fotm 10 tNl WI can rtlumlhl, extra fee): 8 lAI\Ilch c: fonn 10 the front of ttw mailpleoe, Of on 1M bad! Jltp.c. don ooc 1. 0 Addresses's Metre - I: .=1-RItum R<<>>Ipt RBqIMl<<1"on the maDpieQ below 1M article nut\'l)M. 2. P\ir Restricted Delivery ~ D .n. R"1m Rtco/pt will Jhow Jo)loflom Ihs JltJdD Won dlUvw~d Ind!he dats r 1i & dIIIv<<td. Consult postmaster for fee, Ii: 13. Artk:f8 Addressed to: 48. Article Number I Chat~er ,,~ Cooe tOf~~ z 3.1). Zlf a 7</J. ~ M\l\l ~Y\iI"\'" f/I. !'i.ller 4b. SeNlce Type ~ ..~ 0 Registered 9( Certiflod II: tJe.1ol I!.~;"''';tl~ So ROad 0 Express Mall 0 Insurod r Wi\\l(l~ f PI>o. IbbH o Rat.mRoceiptforMolCl1an<lso 0 COD ~ LI~, 7. Date of Delivery a. ....., _ 2 ,..../,.,,- 5 ,.. 8. Addressee's Address (Only If roqu led ~ and lee Is paid) I { ~ 102595-97-E!0179 Domestic Return Receipt " ~ ., ~ goz:J:]c !it ~ o 0 CD en o. " " - ~ :; n "'0 it "- I[ '8 og~CDg l!. 0 ;:' ffiiil-.6i .. ~~"E.cn 0 < . N . :; Q CD_~ [ " m sgo o' :1 ~ ni<"'ltl ~ 3 ~ (") ~ ~ -"" <1l o' o:tl :::1 ~ :!'-. ..... 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IJnd <</flIt., 11g1'rJ' 5 floJ'TlO tlPIO) 1 Cu!.tomer a Ct1tc"-'ioIt.';~;m;~- · Sl'cl,on J I ... b S'g'1 ,1'1 So,'Cl,:,n 2 t>f'l: W .'ld' C leavt't~l\ nell',l' ...t>Hl'the c~n~.i- \ :l S'gn Here to ALlI~{)rllt' Ht'dro:,vt'ry Of 10 AumOnll! aro A~,.n! lu S'~'l to YOu Oellvory Section x Orl:very Add'es!. 1111111111I11I111111111I1111I11111 15290 0009 8199 0273 . -: ' UMed Slates poslal Scr.',ce ",JTf.';d_' SPd'" \"" ',.11" . 101"." Sorry We Missed You! We 1>De~~ve!!o~ You _W/i2__i:" " I. Ilem., iii! A...I,I,lt,I..' " 1'.'" "p A't.., o PJ\lOlkeIS~l!tJ'.} d,'d, ::1/1 :.'" 0111I ,-. l11e~'e' Ollf!]!! en~e'ODe. mal"z',ne, calalOlelC g. Parcel J!l Rl!s:~'cTelj Delivery o Pen~Il,,~le Item o elMr For Delll/ery: IE"'t1' loldl n<lmN'r 01 ,t,.m! del,vered by seNICI!' type) For Nolice Leh: IC.~ ,INJIic',IC:(O .ff'mJ ...',', , _ E.,~'~;sl.4a'\I""~'t'~ ~ R~)_\~mr; j', d~,'~rr!<1(1fi..f'~'1I01 ry i I'., otl' ~r'..f'Y dJ~ ..tI,~ ,....:-...t.,rJft f /"\ .. ,:. ~JII"f ~c,r c!'t-r 1 '. r~~;.'d") f*,'..I~ R'~'JC'. Ie " ~ tOf',lf~~.,j~ -L 1!~lle O..~." . _ C:~.,...~I"",' S ;~J~~'! _C:l"frr"dI"u'I .....,.............. ....."?..i:J..J..X!'.I...//J , -...----....,........................... ....1 _Re:orCle1 Ol!~''iery _F"""lS,ll Article Requlfmg Payment o posla e Due a COD a Customs o Final Notice: Article will be returned 10 sender on PS Form 3849, October 199B 5 cus~om,er Name anJ JlddreSS . ~ .....cJ:l!lJL(...!.2I:..;Jf,.(<......... {( (5 ,! Oeli"lered By and Oalf ~ i- r1'l 1- Delivery Notice/Reminder/Receipt Amounl Due t02595.99-M.Q191 o l'-Z '"" c-:,. J f!"': , . {f .....;' '. :'~ ,'w;,~..': ,.' , ~. ]'199 '\ ANGELA M. MILLER. Plaillliff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. : NO. l)g.61 ()9 CIVIL TERM MICHAEL FERRY, Dcfcndalll ORDER OF COURT AND NOW, this day of ~_~. 1999, upon considcration of thc attached pctition. it is hcrcby dircclcd that the partics and Ihcir rcspective counsel appear, before, ''''.h,' 'i \.,\\\c-,\ ( ., thc conciliatnr, at \\ I . "'. i '.J"::"': '-'" (r., f~1 n\,' on ~ ..I \ thc . )\ day of'.'" ,1999, at \", 1-,1.)111., for a Pre-Hearing Custody Confcrence. At such conference, an effort will bc made to resolve the issue in dispute; or if this cannot be accomplished, to define and narrow thc issues to be heard by the court, and to enter into a )"'f:. ~\.J-( ,,-,' \....\~'\(r lemporary order. Either party may bring the child(ren).^WIIO is the subject of this action to the conference. but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: j~n\ ^ .,l\/iIJ\f'OIEq, C d C .\. ('\,~ usto y onCt Jator YOU SHOULD TAKE TillS 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. Cumbe,land County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Cou,t of Common Pleas of Cumbc,land County is requi,ed by law to comply with the Ame,icans with Disabilities Act of 1990, For information about accessible facili~ies 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. ANGELA M. MILLER, PI :lint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LMI IN CUSTODY MICHAEL FERRY, Defendant NO. 98-6169 CIVIL TERM PETITION FOR MODIFICATION OF OF CUSTODY ORDER NOW COMES the Petitioner/Defendant, Michael Ferry, by and through his attorneys, the Family Law Clinic, and respectfully represents the following in support of his petition to modify the existing Custody Order: 1. Petitioner/Defendant, Michael Ferry (hereinafter referred to as "Father"), and Respondent/Plaintiff, Angela Michelle Miller (hereinafter referred to as "Mother") are the natural parents of Alexis Bree Ferry ("Alexis"), born on August 2, 1997. 2. On December 4, 1998 an Order of Court was entered by agreement of the parties whereby Mother was awarded primary physical custody of Alexis. Father was awarded partial custody and visitation. A true and correct copy of the Order is attached hereto. 3. Since birth, Alexis has resided with both Mother and Father, at the home of Cynthia Ferry, 233 Garfield Street, Shippensburg, Cumberland County, Pennsylvania, until May 3, 1998; with Father at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania from May 3, 1998, until June 14,1998; with both parents at 233 East Garfield Street, Shippensburg, Cumberland County pennsyl vania, f 1'<JII1 .Jlln" J.l, with both parentn at. ;~ lJ E.,,:t. Cumberland CO'.lnty, PCllIl!lylvani.l, until March 17, l~~~. 4. Alexis resided with hath parents at 320 East Hurd Street, Shippensburg, Cumberland County, Pennsylvania, from March 17, 1999, until September 2, 1999. 5. On September 2, 1999, Mother left the residence at 320 Burd Street, Shippensburg, Cumberland County, Pennsylvania, and left Alexis in Father's care. 1 ')"B IInti 1 October 23, 1998; and Galf ield Street, Shippensburg, from on or about October 23, 1998 6. Father subsequently moved with Alexis into his mother's home located at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 7. Since September 2, 1999, Mother has not contacted Father and has not been involved in caring for Alexis. 8. This Order should be modified to give father primary physical and legal custody because: a. Father has been an active participant in caring for Alexis since her birth on August 2, 1997; b. Father has been the primary caretaker of Alexis since February 1999; c. Since September 2, 1999, Father has been the exclusive caretaker of Alexis; d. Father believes and avers that Mother has been abusing crack cocaine for the past five years; e. Alexis' maternal grandmother informed Father that ~lother is currently in a residential drug drug l'ch,tbi III ,'111)11 I'nJCJl dm .il. Chell'U'l dt Cove Forge i 11 'II i ] 1 i ,llll::b\l t. J, PC'l1nny 1 Vdn ill; f. On Scpt"m~J('l' .1, 1')'J9, Mother admitted to Officers Frcly.er: fllld IIf.ll) (ll tilt! Police lJ"pal'l.mt'lll that cocaine; g. In 1998, Mother waD in a drug rehabilitation program at Charier at Cove Forge in Williamsburg, Pennsylvania, for approximately twenty-eight days, In 1996, Mother was in a drug rehabilitation program at Common Grounds in Harrisburg, Pennsylvania, for approximately twenty-eight days; h. Mother has been charged with two separate incidents of unauthorized use of an automobile. The first charge was on July 2, 1999 and the second charge was on September 2, 1999; i. Father believes and avers that Mother will be charged with fleeing the scene of an accident she caused on September 3, 1999, which resulted from her unauthorized use of a motor vehicle; j. Father is better able to give Alexis love and affection, a stable environment, and adequate moral, emotional, and physical surrounding as required to meet the children's needs. r~id-Cl1mbcrlellld licgional she had smoked crack WHEREFORE, Petitioner/Defendant asks that the Court, in the best interests of the child, modify the existing Order for Custody, and grant the Petitioner/Defendant primary physical and legal custody of Alexis Bree Ferry. Intern DO ALD MARRlTZ Staff Attorney THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 Phone: (717)243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities. Date .c' 5((' <;<1 , f'/t..-J'~ {/ ft' Michael Ferry ANGELA M. MILLER. IN THE COURT OF COMMON PLEAS OF CUMHERLANO COUNTY PlainlilT vs CIVIL ACTION - LAW MICHAEL FERR\'. NUMBER: 1998 - 6l6.2 CIVIL TERM IN CUSTOOY Dtftndanl OIWt:ROFCOURT ANO NOW, this ~Jh day of I~ 1998, upon consideration of the allached Slipulation and Agreement and motion of Sally 1. Winder, ESljuire, it is hereby ORDERED AND DIRECTED, that: I. Primary physical custody oftl1t: minor child, ALEXIS D. Jo'ERRY, born August 02, 19Y7, is hereby awarded and conlirmed inlhe mother, ANGELA M. MILLER. 2. The father, MICHAEL FERRY, shall have certain righls of partial cuslody and visilalion as shall be mUlually agreed upon belweenlhe parlies. Father shall give mother at least forty-eight (48) huuls advance notice ufany reljuesl for partial custody or visilation unless such no lice shall be waived by mother. 3. Father, MICHAEL FERRY, shall provide lransportalionto and from all periods of partial custody and visitalion wilh the minor child, ALEXIS D. Jo'ERRY. . . -.----..---- J. ) - '. , oJ [;; Ir> .... Ir. L; j.~ N 3~f n U.I_.. c.)..-:.- :i..: f .r. L..:.. Cl_ :)~ ~r. "'-.- <':0 :,.'cn , I,,' u..:l' '7 rf!tl. _..J ;'iiE 1':1 ::::> I{J I -, :.> ,,- en ::> 0 '" U (/9 5J -.- t{) I..., ". , -- I! .' , CI, ( " , , ,. , ,- , 0: ( , i SALLY J. WINDER Allorney at Law 701 E, King Street Shi'P~nsbur6' PA 17257 1',- , _,,/h "'jf)f/ '. A/Ii(a:I.A :\1, :\1I1.1.E1{. IIIi nn: ('OUR,!, OF COMMON PLEAS OF ('l1~IUERIANI) COIlNTY 1'llIinlin \'\ ('IVII. ACTION -LAW MU'IIAt:J. ....:JU{\. Nlli\IUER: 1998 - (Zli!2 CIVIL TERM IN ('lISH)I)Y Url'rndllnl STIPULATION ANI> AGREEMENT ('OMt.S NOW, the I'laintit}: ANGt:LA 1\-1. ,\IILLEI{, by and through lIeI' lllllll\l'i. :-'ally J \\ IIldel. bqulle, alld Ucti:ndant, MICHAEL FERRY, and do hereby stipulate alld il~1 Cl' il~ lollo\\'~ ANGELA M. MILLER and MICHAEL I'ERRY, are the natural parents 01" 111111111 dllld, AI.EXIS H. I'ERRY. born August 02,19<)7. C I'II1l1alY physical custody oflhe minor child, ALEXIS B. FERRY, born Augusl lJ2, I 'J'J I, shall bc conlirmed and awarded to ANGELA M. MILLER J MICIIAEL FERRY. the natural father, shall be entitled to certain rights olp",tlal custody and Visitation as llIutually agreed upon between the parties. .1 Ihe pal tics shall nol be required to be present at the time of entry of a ('oull Olllcr in this lIlallcr 5. I he lalher. i\IICIIAEL FEI{'(y. ,hall pruvlde Iranspurtaliunlu and liulll any periuds urpartial wstudy and visilalion hilhel shall give muthel atleastlorty-eight (.IH) huuls nul ice wilh respeetlu any lequest lur vl'llalton unless such nulice shall be waived by mother. IN WITNESS WHEI{EU.... the partIes herelu have sellheir hands and seals this /S.!- day or l'}Ci'n~/ . IlJlJo. mlending lu be legally buund hcreby. WITNESS: s.t;, )L)J~L- o fliti' J LV;dL- (SEAL) ~ c,/ Cfo-J_ MICHAEL FERRY - (SEAL) 2 . " I ~ 0 I: lnO 11' rl; <'C , .. ~(! .. , r" . ~L: V : ( . ,. :r;' , .. [" "" " .:.1'" N '" u.:t.': , ~. '.' I ~,j r (,.:; L.1 :_!- II.. (I) L' ':J 0' (j . ~ Q) -.::0 C . - 3 t k $rf) ~~ ~ 0- r-- ClOo=\t- if ~ ~ ~~~ - mll Vd 'l.nq.u>d~!4S 1,),)US 'U\>I '3 IOL MD1/D ,(JUJOiw llilONI^, 'f ATIVS 'b~ ANGELA M. MILLEI(, IN TIfE COURT OF CO:\Il\10N PLEAS OF ClIMBt:IU-AND COIINTY Plaintiff vs CIVI L ACTION - LA W NlIMBER: 1998 - &/!.. 9 CIVIL TERM MICIIAEL FERRY, IN CUSTODY Defendant ORDER OF COURT For the Court, AND NOW. lei;'./' t.~ , 1998, upon consideration of the attached Complaint for Modification of Custody Order, it is hereby directed that the parties and their respective counsel appear before \ \ \~,\ \ 'X .( '11 \ ( c--'V"/ the Conciliator, at -k.. q\", Pi \'{\4 \'--.,..\,\-,-,,'1'((,,(,11\ 1:.,1\\ ,'f It''l (" (l\ r-ih I '-J..:._ on the i 'D day ofty! C'N'\\'Y'(, 1998, at Ie)' SO Q..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. 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. By VJi~At: 'y~\~I~ Custody Conciliator , ""'" ') 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 (717) 240-6200 I~ II , I II i AN<a:LA M. 1\1ILU:I{, IN TilE eOllRT OF COMMON PLEAS OF ClII\18ERLAND COlJNTY 1'llIinlifT vs C'IVIL ACTION - LAW NlJMBER: 1998 - CIVIL TERM MICHAEL FERRY, IN CUSTODY Defendllnt COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, ANGELA M. MILLER, by and through her counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The Plaintiff is ANGELA M, MILLER, a sui juris adult individual residing at and whose mailing address is 11257 Weaver Road, Orrstown, Franklin County, Pennsylvania 17244. 2. The Defendant is MICHAEL FERRY, a sui juris adult individual whose residence address is 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257, and whose mailing address is 333 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of a minor child, ALEXIS B. FERRY, born August 02, 1997. Q:;,..11Ji<. .{ 61'4o!OfI/'iAd.. 4. The parties are unmarried. The child was born out of wedlock. The Plaintiff mother resided with the Defendant father at the father's mother's home until October 23, 1998. "" '1",~ "'-' ~_f7lJ7 (117) 5'''~ 'I " 1; 'I Ii II /, Ii !I ii ALEXIS D. FERRY. born August 02,1<)97. in mother. subject 10 certain rights of partial Ii Ii 5 The Plaintifr mother seeks an Order of Court confirming primary residential custody of custody and visitation in the Huher. J\lICIIAEI. FERRY 6 Sinc.: birth Ihe child, ALEXIS It FERRY, has resided with both of her parents, the Plaintitfand the Defendant, at the home (lfCynthia Ferry, 233 East Garfield Street, Shippensburg, Pennsylvania. until May 03, 1998; with Huher at 233 East Garfield Street, Shippensburg, I Pennsylvania from May 03, 1998, until June 1-1, 1998; with both parents at 233 East Garfield , Street, Shippensburg, Pennsylvania from June 1-1, 1998 until October 23, 1998. I 7. Since October 23, 1998, mother has not seen the child and has been unable to find the child or the Defendant. 8. Mother seeks an Order of primary physical custody awarded in her for the reason that I she has provided the primary care and nurturing of the child since birth. Mother has been the I parent who has nurtured the child, providing for her physical and emotional well-being. Mother left the child in the care of the Defendant father and his mother. Upon returning to the residence at 233 East Garfield Street, Shippensburg, Pennsylvania, on Friday, October 23, 1998, at a little after 10:00 o'clock in the morning, Mother discovered the residence at 233 East Garfield Street, Shippensburg, Pennsylvania was unoccupied and that her daughter, ALEXIS B. FERRY, was nowhere to be found. Mother was later, on Friday, October 23, 1998, advised by the Mid- Cumberland Valley Regional Police Department that she was to leave the home at 233 East Garfield Street, Shippensburg, Pennsylvania, and that the Defendant's mother, Cynthia Ferry, would no longer permit the Plaintiff to reside at 233 East Garfield Street, Shippensburg, Pennsylvania. Defendant father has never shown any interest in caring for the child either for her physical or emotional well-being. Mother is in fear for her daughter's physical well-being. II .1 ., ,. I' " Ii 'I I !I 'I i: WHEREFORE, Plaintill: ANGELA 1\1, l\lILLER respccllillll' reques(s that she be I J grantcd primary physical custody of the minor child, ALEXIS 8, FEIUH', subJcct to reasonablc II rights of visitation and partial custody in thc tilihcr as thc Court ma~' see fit RcspcctfiJlly submillcd, ?J;h!( ,J (,{) ')"-- Sally J i der, Esquire Attorney r Plaintiff, ANGELA M. MILLER 701 East King Street Shippensburg, PA 17257 (717) 532 - 9476 2,..9ji...,r a'.u,. ofOfi/"",- 1fH'/..tdJl:!.,- 6\",' I, r:ItRIl7IS1 (7f7}on.N1F ANGELA M. MILLER, IN THlH: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW NUMUER: 1998 - CIVIL TERM MICHAEL FERRY, IN CUSTODY Defendant COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, ANGELA M. MILLER, by and through her counsel, Sally J. Winder, Esquire, and does represent as follows: I, The Plaintiff is ANGELA M. MILLER, a sui juris adult individual residing at and whose mailing address is 11257 Weaver Road, Orrstowlll, Franklin County, Pennsylvania 17244. 2. The Defendant is MICHAEL FERRY, a sui juris adult individual whose residence address is 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257, and whosemailingaddressis333EastBurdStreet.Shippensburg. Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of a minor child, ALEXIS B. FERRY, born August 02, 1997. 4. The parties are unmarried. The child was born out ofwedIock. The Plaintiff mother resided with the Defendant father at the father's mother's: home until October 23, 1998. II I' I I I 5. The Plaintiff mother seeks an Order of Court I:onfirming primary residential custody of II ALEXIS B. FERRY, born August 02, 1997, in mother, subject to certain rights of partial custody and visitation in the father, MICHAEL FERRY. 6. Since birth the child, ALEXIS B. FERRY, has resided with both of her parents, the Plaintiff and the Defendant, at the home of Cynthia Ferry, 233 East Garfield Street, Shippensburg, Pennsylvania, until May 03, 1998; with father at 233 East Garfield Street, Shippensburg, Pennsylvania from May 03, 1998, until June 14, 1998; with both parents at 233 East Garfield Street, Shippensburg, Pennsylvania from June 14, 1998 until October 23, 1998. 7. Since October 23, 1998, mother has not seen the child and has been unable to find the child or the Defendant. 8, Mother seeks an Order of primary physical custody awarded in her for the reason that she has provided the primary care and nurturing of the child since birth. Mother has been the parent who has nurtured the child, providing for her physical and emotional well-being. Mother left the child in the care of the Defendant father and his mother. Upon returning to the residence at 233 East Garfield Street, Shippensburg, Pennsylvania, on Friday, October 23, 1998, at a little after 10:00 o'clock in the morning, Mother discovered the residence at 233 East Garfield Street, Shippensburg, Pennsylvania was unoccupied and that her daughter, ALEXIS B. FERRY, was nowhere to be found. Mother was later, on Friday, October 23, 1998, advised by the Mid- Cumberland Valley Regional Police Department that she was to leave the home at 233 East Garfield Street, Shippensburg, Pennsylvania, and that th4l Defendant's mother, Cynthia Ferry, would no longer permit the Plaintiff to reside at 233 East Garfield Street, Shippensburg, Pennsylvania. Defendant father has never shown any interest in caring for the child either for her physical or emotional well-being. Mother is in fear for her daughter's physical well-being. Ii I I I' II I WHEREFORE, Plaintiff, ANGELA M. MILLlER, respectfully requests that she be granted primary physical custody of the minor child, ALlEXIS B. FERRY, subject to reasonable rights of visitation and partial custody in the father as the Court may see fit. Respectfully submitted, J ,J()J~- Sally 1. il~der, Esquire Attorney ,r Plaintiff, ANGELA M. MILLER 70 I East King Street Shippensburg, PA 17257 (717) 532 - 9476 II VERIFICATION I, Angela Miller, verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909, rdating to unsworn falsification to authorities. Date: /1\ 1*1 q<g { , -1g#lfMIL~~ . . ANGELA M. MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION -LAW NUMBER: 1998 .. ~ J ~ C; CIVIL TERM MICHAEL FERRY, IN CUSTODY Defendant ORDER OF COURT AND NOW, JOJ :)ClI cf?? . 1998, upon cons.ideration of the attached Complaint for Modification of Custody Order, it is hereby directed that the parties and their respective counsel appear before ~ t Y...C Jl \ ('~ ~he Conciliator, at -\\-.e L\-\-I.. ~.\ ~\ l\~ tv. 11h-re&cC"\ Rfl\ , C \ mberkrx--l r C) (Cl ~ ~ . on the \ 1') day of\:)c'rf"r'f\h-r. 1998, at \CJ', .:sO Q...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. 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: ~rl'i ,~~~, Custody Conciliator < '"?.j 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 mE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURmOUSE, 4m FLOOR CARLISLE, PA 17013 (717) 240-6200 ~~_.# ~~d.J~ YJ '. 'I ':~ _ L <?/ P?!r>1MI. ;;;;:; ~f?' .9.jl l1'r r-' II '. ~-fI'o7 }I,.s';! ~#~r~'r9 j,f;-9.Ji 'nVI~:W,li"SNN3d .A.LN, ,n) n." .rll '=i'~t'ln ,... ," ." ., ^ ,.., .. ,.,' ""~'! I""" L8 :21 Hd S-l\ON 86 AWl'" ,." vi\' j,.-;jl'j'....:,.. ...., ,I ::10 ..... ,_, t -...J 301:!.:1o-Q~lli;; '. . ANGELA M. MILLER, IN THE COURT OF COMMON PLEAS OF CUMEiERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW MICHAEL FERRY, NUMnER: 1998 - fil.62 CIVIL TERM IN CUSTODY Defendant STlPULA TlON AND AGREEMENT COMES NOW, the Plaintiff, ANGELA M. MILLER, by and through her counsel, Sally J Winder, Esquire, and Defendant, MICHAEL FERRY, and do hereby stipulate and agree as follows: I. ANGELA M. MILLER and MICHAEL FERRY, are the natural parents ofa minor child, ALEXIS B. FERRY, born August 02,1997. 2. Primary physical custody of the minor child, ALEXIS n. FERRY, born August 02,1997, shall be confirmed and awarded to ANGELA M. MILLER. 3. MICHAEL FERRY, the natural father, shall be entitled to certain rights of partial custody and visitation as mutually agreed upon between the parties. 4. The parties shall not be required to be present at the time of entry of a Court Order in this matter. 1 5. The father, MICHAEL FERRY, shall provide transportation to and from any periods of partial custody and visitation. Father shall give mother at least forty-eight (48) hours notice with respect to any request for visitation unless such notice shall be waived by mother. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this (sf- day of J)q~ , 1998, intending to be legally bound hereby. WITNESS: ~/( )L)J~ 6 ~ JW..:iU- . ~~J.~ (SEAL) ~ q'tiJ MICHAEL FERRY - (SE U) 2 ANGELA M. MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW MICHAEL FERRY, NUMBER: 1998 - 6l6.2. CIVIL TERM IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~lt\ day of I~ 1998, upon consideration of the attached Stipulation and Agreement and motion of Sally 1. Winder, Esquire, it is hereby ORDERED AND DIRECTED, that: I. Primary physical custody of the minor child, ALEXIS B. FERRY, born August 02, 1997, is hereby awarded and confirmed in the mother, ANGELA M. MILLER. 2. The father, MICHAEL FERRY, shall have certain rights of partial custody and visitation as shall be mutually agreed upon between the parties. Father shall give mother at least forty-eight (48) hours advance notice of any request for partial custody or visitation unless such notice shall be waived by mother. 3. Father, MICHAEL FERRY, shall provide transportation to and from all periods of partial custody and visitation with the minor child, ALEXIS B. FERRY. ~c~t: port\ rS c::(l::.. ~'C... &mc a~, n eo.sc..~ '18- ~\dqr +. \t:d d ~o"l~ ~ ~\ ~ one...., ,._.~~~-~- 1. ~ "'l ... ':> ~. r ~t- Ii ~~ f ~ t. -t \ \1,.-.~.':JJ8;) . l' .i,.' :':"j _ 1 '.I' ......, , 1)_1>.,1; (;, ,:i_'..",. i\u 1- :],-,: ,_';'\_' i ..~ :I.,);:;......,. '.-..-, JUL - 7 1999\ , ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL FERRY, Defendant NO. 98-6169 CIVIL IN CUSTODY COURT ORDER /4 AND NOW, this It day of July, 1999, the Conciliator bdng advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, ~~. Custody Conciliator ~ <.D ~. \D C- :J!.~ ~g; := 1'''11 , 8$, (J)~ CO ~O -0 X:fj ~8 ::J: @~ >c ~ ~ tit ~ U1 " ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY MICHAEL FERRY, Defendant NO. 98-6169 CIVIL TERM PETITION FOR MODIFICATIO:ti OF OF CUSTODY ORDER NOW COMES the Petitioner/Defendant, Michael Ferry, by and through his attorneys, the Family Law Clinic, and respectfully represents the following in support of his petition to modify the existing Custody Order: 1. Petitioner/Defendant, Michael Ferry (hereinafter referred to as "Father"), and Respondent/Plaintiff, Angela Michelle Miller (hereinafter referred to as "Mother") are the natural parents of Alexis Bree Ferry ("Alexis"), born on August 2, 1997. 2. On December 4, 1998 an Order of Court was entered by agreement of the parties whereby Mother was awarded primary physical custody of Alexis. Father was awarded partial custody and visitation. A true and correct copy of the Order is attached hereto. 3. Since birth, Alexis has resided with both Mother and Father, at the home of Cynthia Ferry, 233 Garfield Street, Shippensburg, Cumberland County, Pennsylvania, until May 3, 1998; with Father at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania from May 3, 1998, until June 14,1998; with both parents at 233 East Garfield Street, Shippensburg, Cumberland County Pennsylvania, from June 14, 1998 until October 23, 1998; and with both parents at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, from on or about October 23, 1998 until March 17, 1999. 4. Alexis resided with both parents at 320 East Burd Street, Shippensburg, Cumberland County, Pennsylvania, from March 17, 1999, until September 2, 1999. 5. On September 2, 1999, Mother lef.t the residence at 320 Burd Street, Shippensburg, Cumberland County, Pennsylvania, and left Alexis in Father's care. 6. Father subsequently moved with Alexis into his mother's home located at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 7. Since September 2, 1999, Mother has not contacted Father and has not been involved in caring for Alexis. 8. This Order should be modified to give father primary physical and legal custody because: a. Father has been an active participant in caring for Alexis since her birth on August 2, 1997; b. Father has been the primary caretaker of Alexis since February 1999; c. Since September 2, 1999, Father has been the exclusive caretaker of Alexis; d. Father believes and avers that Mother has been abusing crack cocaine for the past five years; e. Alexis' maternal grandmother informed Father that Mother is currently in a residential drug drug rehabilitation program at Charter at Cove Forge in Williamsburg, Pennsylvania; f. On September 4, 1999, Mother admitted to Officers Fraker and Herb of the lVlid-Cumberland Regional Police Department that she had smoked crack cocaine; g. In 1998, Mother was in a drug rehabilitation program at Charter at Cove Forge in Williamsburg, Pennsylvania, for approximately twenty-eight days. In 1996, Mother was in a drug rehabilitation program at Common Grounds in Harrisburg, Pennsylvania, for approximately twenty-eight days; h. Mother has been charged with two separate incidents of unauthorized use of an automobile. The first charge was on July 2, 1999 and the second charge was on September 2, 1999; i. Father believes and avers that Mother will be charged with fleeing the scene of an accident she caused on September 3, 1999, which resulted from her unauthorized use of a motor vehicle; j. Father is better able to give Alexis love and affection, a stable environment, and adequate moral, emotional, and physical surrounding as required to meet the children's needs. WHEREFORE, Petitioner/Defendant asks that the Court, in the best interests of the child, modify the existing Order for Custody, and grant the Petitioner/Defendant primary physical and legal custody of Alexis Bree Ferry. ~L Todd Greene ~~~ted egal Intern ~MARR T Staff Attorney THOMAS III!. PLACE ROBERT E. RAINS Supervising Attorney FAMILY lAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 Phone: (71 7) 243 -2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. !il 490~, relating to unsworn falsification to authorities. Date 1(7 .5~p <;q #l~ O.rR , Michael Ferry ANGELA M. Mll.LER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY vs : CIVIL ACTION .. LAW MICHAEL FERRY, : NUMBER: 1998 - il6.2. CIVIL TERM : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~it\ day of J~ 1998, upon consideration of the attached Stipulation and Agreement and motion of Sally 1. Winder, Esquire, it is hereby ORDERED AND DIRECTED, that: 1. Primary physical custody of the minor child, ALEXIS B. FERRY, born August 02, 1997, is hereby awarded and confirmed in the mother, ANGELA M. Mll.LER 2. The father, MICHAEL FERRY, shall have certain rights of partial custody and visitation as shall be mutually agreed upon betwet:n the parties. Father shall give mother at least forty-eight (48) hours advance notice of ally request for partial custody or visitation unless such notice shall be waived by mother. 3. Father, MICHAEL FERRY, shall provide transportation to and from all periods of partial custody and visitation with the minor child, ALEXIS B. FERRY. 1. ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY vs CIVIL ACTION - LAW MICHAEL FERRY, NUMBER: 1998 - ~ CIVIL TERM Defendant IN CUSTODY STIPULATION AND AC:;REEMENT COMES NOW, the Plaintiff, ANGELA M. MILLER, by and through her counsel, Sally J. Winder, Esquire, and Defendant, MICHAEL I<'ERRY, and do hereby stipulate and agree as follows: I. ANGELA M. MILLER and MICHAEL FERRY, are the natural parents ofa minor child, ALEXIS B. FERRY, born August 02,1997. 2. Primary physical custody of the mirror child, ALEXIS B. FERRY, born August 02, 1997, shall be confirmed and awarded to ANGELA M. MILLER 3. MICHAEL FERRY, the natural father, shall be entitled to certain rights of partial custody and visitation as mutually agreed upon bl~ween the parties. 4. The parties shall not be required to be present at the time of entry of a Court Order in this matter. I 5. The father, MICHAEL FERRY, shall provide transportation to and from any periods of partial custody and visitation. Father shall give mother at least forty-eight (48) hours notice with respect to any request for visitation wlless such notice shall be waived by mother. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this Isf daYOf!)e~ , 1998, intending to be legally bound hereby. WITNESS: ~/( )L))~ ~ fAy J(); ;.L<-- . ()N\^ .h. -r1I ,~ I ~ ~,LER- (SEAL) ~ q(;j'1 MICHAEL FERRY (SiAL) 2 >- ~-t f ( U-.-' ~ ~-".,- ~. ; (~) C:J L'.'j lI.1c' ,.~." LJ.~ o '~I .. .c ,~. c ':=' C- l,t , ~ (/c .I'jj 1-: (1- -;,. 0'. :::.,) C) ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY MICHAEL FERRY, Defendant NO. 98-6169 CIVIL TERM AFFIDAVIT OF SERVICE: I, hereby certify that on September 10, 1999, I served a copy of a Petition To Modify Custody Order on Angela M. Miller, residing at Charter at Cove Forge, New Beginnings Road, Williamsburg, Pennsylvania, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Lori Burket, an agent authorized by Angela Miller to accept mail on her behalf, on the 17th day of September 1999 as evidenced by Ms. Burket's signature on the attached green card. Ms. Miller authorized Lori Burket to accept delivery of the Petition to Modify Custody Order by signin9 Postal Service Form 3849. A copy of the form is attached. On October 4, 1999, Angela Miller called the Family Law Clinic. During our phone conversation, Ms. Miller stated that she received the Petition to Modify Custody Order on or about September 17, 1999. -1JI.JL---- Todd Greene Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 17, 1999. .t1!~ Todd Greene Certified Legal Intern FAMILY LAW CLINIC 45 N. pitt St. Carlisle, PA 17013 717-243-2968 , .~,;",_.fat__. I aJlO_torecelv81he .~.... 3, 40, and 41>. following ..- (for en 4 ... .=_~and_on..._ottl1loflllm"_WO"''''urntl1lo extra fee): ....:.l:'"fonn...........of..._.oron..._w...-_na1 1.0 _'sAddr ~ !! .=irofun RoWpI FtIqIM/od'on'" _ _.... _....-. 2. III RestrlcIed DelIVery 1 ti .__-....._.._...___and...- r 15. Ii _. . Consutt pos1ma8ler for fee. 1 13. - Addr.ssed to: 48. Artk:le Number .! C~.~e.(" ,,+ Colle ~Ot~(.. Z 33J. l'U 7/J.. E M\'" ~Y\u.\o. ~. r\oI\et" 4b. Service Type j . . ..) 0 Registered 9( Certified II Ne.1Il \I.~\~";I\~. P.0ClIl 0 Express Malt 0 Insured i \,U.\\\o.1'ft6bllf4 P ~ I bllql 0 RotumRscoiplforMoll:hsnd88 0 COD ~ ;j. 7. Date of DelIVery 9' ~/?-' i .=-.:~';.,--_. r J 102595-97.8.0179 Domestic atum Receipt PS Fan 3800. April 1995 ~l?~i'~ 'i ~I i~ " ~ \I .. ~. t i __:::J S" (') "'tl Q. gS,!CDg JIo" 3 ~ .. ... . ..~ I[ i; -.S' .0 ;:0 _5"9.0; It .. t ~. ~ N ii''' "" g (1) .....~ -I "" $' "g 0 o' :1 -<~CD $' 3 ~ n D~ l>> c3 CD I. ,; 8'.. "..,~ I!!. -' ~ '" - - .z:: --- ~~_. ........ !l13,& Do _..,_,e._'^ 9v...J " <no =: "" .. 0\'" C)o-.....l .. !: ~ ........ "'l.. iil ru C)c) ~ :g We will redeliver OR you or your agent can pick up your mail at the post oflice. (Bring this Iorm SlId proper ID. ff your agent mil pick up, sign below in item 2. and enter agent's name here): 1. Customer. 8. Check all that apply in . .......... section 3; ...........- b. Sign in section 2 below; and c. Leave this notice whme the arrl rean ei. 2. Sign Here to Authorize Redelivery or to Authorize an Agent to Sign tor You, Delivery Section X Signature 3.0 (AI/ow at least two delivery days for redelivery, or calf your post office to arrange delivery.) Printed Name I o Leave item at my address (Specify where to leave; example: .porch-, .side door".) (This option Is not available If box I. checked on the front requiring your slgnarure at time of delivery.) o Refused 0 Forward 0 Return PS Form 3849, October 1998 (RevelSe) \ Delivery Address 111111111111I1111111111I1111111111 11280 0008 8188 0273 . < f n l....0 C) .:;.oN l~-:-, " ':-:; " C":l 1:] 'I,.' ,-> "i1 P'l C';i --4 . i"::' ::i: ::e -'-, r-q :~ ( "I ;::) (f) (.n <)(L, -; b r-= -U .."f ~l".i ~";: (") ::;;: ?~~q -;;;" "i~ CJ S> (5in ~ C ;J~ ""-. ':..) :< :0 c::> -< " . j "c.cbIJ ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL FERRY, Defendant NO. 98-6169 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ ,""""day of October, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. All prior custody orders in this case are vacated. 2. The Mother, Angela M. Miller, and the Father, Michael Ferry, shall enjoy shared legal and shared physical custody of Alexis Bree Ferry, born August 2, 1997. 3. Physical custody of the minor child shall be alternated on a week on/week off basis with exchange. of custody taking place Friday evening at or about 6:00 p.m. The alternating weekend shall start on Friday, October 29, 1999 with Father picking the child up at 6:00 p.m. that evening from the Mother. 4. During the week the Mother has custody, Father shall be able to enjoy one weekday evening of custody with the minor child which shall be from 6:00 p.m., or earlier if the Father gets out of work earlier, until 9:00 p.m. In the event Mother starts working, Mother shall enjoy the same period of a weekday evening with the child during the week the Father has custody. If the parties cannot agree on a day, the day shall be Wednesday of each week. 5. When the Father has custody of the minor child and during such times the Father is at work, the Father shall contact Mother and allow Mother to provide daycare for the child during the times the Father is at work. lbis provision shall apply to both parties to handle situations when either party will have an absence from the child for a period of at least three hours when that parent has custody. In those situations, the custodial parent shall always contact the non-custodial parent and offer that parent the first option to provide daycare for the child. 6. The upcoming holidays will be handled as follows: A. The Mother shall have custody of the child on the Wednesday before Thanksgiving from noon through 2:00 p.m. on Thanksgiving Day. Father shall have custody of the child from 2:00 p.m. on Thanksgiving Day through Friday at 6:00 p.m. B. For the Christmas holiday, Mother shall custody of the minor child from December 23'd at 2:00 p.m. until December 25th at 2:00 p.m. Father shall have custody form December 25th at 2:00 p.m. until December 27th at 2:00 p.m. 7. The parties shall meet again with the Custody Conciliator for a Conference on Thursday, January 13, 2000 at 8:30 a.m. In the event the parties are able to reach an agreement on a permanent order prior to the January Conciliation Conference, counsel for the parties may contact the Conciliator and may cancel that Conference. 8. Both parties shall share with counsel for the other party all information relating to medical, psychological, addiction counseling and all other health and emotional related issues pertaining to each parent. It is the intent of this paragraph that the parties shall provide signed releases so that the other party may obtain all relevant medical and psychological information concerning each parent in order to evaluate the future negotiations between the parties. J. Edward E. Guido cc: Todd Greene Carol A. Redding, Esquire ~~ J()/w.!llq~, )!,. -f, ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL FERRY, Defendant NO. 98-6169 CIVIL IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19 I 5.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexis Bree Ferry, born August 2, 1997. 2. A Conciliation Conference was held on October 21, 1999, with the following individuals in attendance: The Mother, Angela M. Miller, with her counsel, Carol A. Redding, Esquire; and the Father, Michael Ferry, with his counsel, Todd Greene of the Dickinson School of Law Family Law Clinic. 3. The parties agree to the entry of an order in the form as attached. ~~t~~! 91 Hubert X. GHm)! Esquire Custody Conci ator ANGELA M. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. MICHAEL FERRY, PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Michael Ferry, the Defendant in the above matter. fJ r-/ Todd Greene Certified Legal Intern Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, Pennsylvania 17013 Dated: Z - I" - 00 BY: Kindly enter our appearance on behalf of Michael Ferry, the Defendant in the above matter. Dated: ZIt.(. t!Jo O'BRIEN, BARIC AND SCHERER BY: ~1~ Pa I.D.: 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 to -! .;~j .::,:> (:') ~~. APR oa ZfXMjIP v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-6169 CIVIL ANGELA M. MILLER, Plaintiff MICHAEL FERRY, Defendant : CIVIL ACTION : IN CUSTODY COURT ORDER AND NOW, this ]'1./ day of Ah'I'./ , 2000 the Conciliator being advised that the parties have reached an agreem~nt, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, E Custody Conciliato (":, s: ~~F z:J 0;~; ~~2 ~ r.::~_, (::1 ;:"M "'-.... 'e . ~-l :""-" 1 {J ~':~; LO I.::'... ~'':~ :0 -< r. ....J SEP 1 3 199~ ANGELA M. MILLER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. : NO. 98-6169 CIVIL TERM MICHAEL FERRY, Defendant ORDER OF COURT AND NOW, this \ '-\ day of y~\, 1999, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear, before, }\.h\~ 'i.C.;,\,D-..,_Wj{\I the conciliator, at-1\\, L.\\""\4,U.I1\m\Cl1M rQr (} ~~-e- on the :J\ day of cJ( \- ,1999, at \t\'..~Dm., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issue 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 \l'JI:.~\,,"t. 0 r ()\ ~c r temporary order. Either party may bring the child(ren)Awho is the subject of this action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: ~A~'X.~;O~lj . Custody Conciliator l u,. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 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. . ~~-Jf- ~~~ j~'1/i - ~ ~ 1'1r:~ ~I/-, tM-1/' P ~x ~ ~ ~w ~ ;:::'9 ,ftl' 1/ P \;";\1":f~'Yl^(~\PGi~d I i 1',ln,;':,r"; n\ ..~;-;\...;3n:^lnf') 1\.). ,t.,"_' ',: :.;'.) H \v SU:S ':J 9\ d.3SG5 /I ANGELA M. MILLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9~-6169 CIVIL TERM MICHAEL FERRY, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, is made by and between Angela M. Miller (hereinafter referred to as "Mother") and Michael Ferry (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alexis Bree Ferry, born August 2, 1997 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Father shall have primary physical custody of the child. 3. The maternal grandmother, Elaine Yeager, shall have partial physical custody of the child every other weekend until such time as Mother is able to resume custodial responsibility of the child. II 4. Either party may petition the Court to modify the terms of this Stipulation and Agreement upon changed circumstances of the parties or the child. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. Any modification or waiver of the provisions of this Agreement shall be ff. I'f d ~'~d ~rJ'U.--ndj- .~' ~~. I' .... (\ i\ e ectlve on y r ma e'm \"r.tonO an QAW if exeO\;lte YY1m-tl'\e same .erFRB Ity as t, ,IS f\ Sli",ulatien eAeI AgmoffleAt.- 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. II 11. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: 3)~o/no I I ~7 l' ~(A~ l17Yl.(}!}P'J Angela M. Miller Date: 3/;)9;/00 ~q6- Michael Ferry ~ " '. ANGELA M. MillER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r. v. NO. 9~-6169 CIVil TERM MICHAEL FERRY, CIVil ACTION-lAW Defendant IN CUSTODY ORDER OF COURT ~ ^_A. ~.~ AND NOW, this I) day of . I ~~ ,2000, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. J. ~ t~Y_I~OO ~t<j ( ViN\/,\:l/,SNN3d }J.Nnc'I:',i OU :5 ',!';j .' 1 '.' '1 ".~ ,'.! I -' .. ,,':', " ~ i .. '...,., , .....1.,.. ANGELA M. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY v. MICHAEL FERRY, Defendant I CYNTHIA J. FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 01-3524 !! i '! ,i , ,! v. , ,I :i !i i , " I II ! I II Ii II ii II !I II :1 II Ii MICHAEL FERRY and ANGELA MILLER, Defendants CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Michael Ferry, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The father, Michael Ferry, is an adult individual who resides at 333 Burd Street, Shippensburg, Cumberland County, Pennsylvania. 2. The mother, Angela Miller, is an adult individual whose present residence is unknown. I! Ii II 3. The paternal grandmother, Cynthia J. Ferry, is an adult individual who resides at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 4. The mother and father are the parents of one child, Alexis Ferry, born August 2, 1997. Ii '! 5. The mother commenced the action docketed to 98-6169 against the father and a custody Order dated April 13, 2000 provides that maternal grandmother, Elaine Yeager, has partial physical custody of the child on alternating weekends until mother is able to resume having partial physical custody of the child. The April 13, , 2000 Order is attached hereto as "Exhibit A" d :, 'I !, ii I j , !i I !I Ii ,i '! " 1, ,I " Ii " !I II II I! I I 6. Until the end of November, 2003, mother had in fact been exercising partial physical custody of the child on alternating weekends. 7. The paternal grandmother commenced the action docketed to 01-3524 against the mother and father and a custody Order dated August 30, 2001 provides that paternal grandmother have partial physical custody of the child, and the practice of the parties recently is that paternal grandmother has physical custody of the child one weekend per month. The August 30, 2001 Order is attached hereto as "Exhibit B." 8. Mother has had an ongoing substance abuse problem. 9. Recently, mother missed two weekends of partial physical custody with the child and failed to alert father in advance that she would miss her weekend with the child. 10. Father has been advised that mother is staying in a "crack house" in Harrisburg, PA and that mother sold her automobile to raise money to purchase drugs. 11. Mother's whereabouts have been unknown since Thanksgiving, 2003. 12. Father has been advised that prior to Thanksgiving, 2003, that mother was drinking alcohol excessively and using drugs in front of the child and other minors. WHEREFORE, father respectfully requests that this Honorable Court suspend mother's rights to custody of the child or in the alternative to enter an Order requiring mother to exercise supervised custody of the child. Respectfully submitted, II O'BRIEN, BARIC & SCHERER " I ,. I, f1#t1tfl/v'l Michael A. Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I' '; [I I ,I " :; !I I i ~ II [' II !i II II I! j! I I I Ii 'I Ii II II ., i: II i! I! !: I I mas.dir/domesticlferry/modify .pet I VERIFICATION The statements in the foregoing Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language 'j of the statements is not my own. I have read the statements; and to the extent that ,I I they are based upon information which I have given to my counsel, they are true and II I: il ~ I I Ii , !i correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1 e: Pa.C.S. S 4904 relating to unsworn falsifications to authorities. ,I II 'I ,I Ii ,I II II 'I II Ii II ji " II " Ii Ii , , ~~ . Michael Ferry DATE: /7 I)cC :2.06 ~ ~ ANGELA M. MILLER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND <COUNTY, PENNSYLVANIA It NO. 9J-6169 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. MICHAEL FERRY, Defendant II ORDER OF COURT AND NOW, this /3+h day of .zip,.. ; l , 2000, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter " Ii II are hereby vacated. I I I I i ,I " " I' d , 'I ~ , It I! ji II " d II i: I; BY THE COURT, /s/ fJvfflAl [' AlJ;.L I J. !I " i il !' 'I !, I; Ii "EXHIBIT A" Ii I' " " !i .----li I ANGELA M, MILLER, Plaintiff -,-"."';',1';.t,..:',':--.. . .,'- ....--";;;,~~. ~'i'/'~,',; .;\v~~;:';:.. ,,; :,-, '. , ::','"'F!.!';.... :'-1::)' e~'.e JS,) (.=U\::" .;)~:':.:~'~ :'.:-'\'~.;"c - ~;~~~fJp;r:-~~,;~~,;'~:'.' ~. .~~, ~!" ~. :- '." 't ~ ;-t"r" ~(~~~> ~~:.:/_7 .,. '.-.. ",........, ._~~,.. cn~nB ~t4t~/';in -'(}{)n~{}:A.; 1;_ ~Eriy:H.~I.;,f-f.'~'.Hi t:'~-: -- ,~. '~~:1 ~,/, .;.~.~r.::' (.:;....;,- :":'. "_:,:, '.",\;~ :~.:\.' ':'~=~"'~';;':-"''''''''''' ......'.'.;'::~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-6169 CIIVIL TERM MICHAEL FERRY, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, is made by and between Angela M. Miller (hereinafter referred to as "Mother") and Michael Ferry (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alexis Bree Ferry, born August 2, 1997 (hereinafter referred to as "child"); arld, WHEREAS, the parties are presently separated and living in separate residences; and, II WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and ! :i !I II " I agreements as hereinafter set forth, the parties agree as follows: 1, The parties shall have jOint legal custody of the child, 2. Father shall have primary physical custody of the child. 3. The maternal grandmother, Elaine Yeager, shall have partial physical custody of the child every other weekend until such time as Mother is able to resume custodial responsibility of the child, .'~<;. :~;.:.. ~, ""'-':."-" 't.:'-:i*~Y:;~. " ,..,.-," "-.'" '{~I ';,,~i:~;~ "j:_~'" 4. Either party may petition the Court to modify the terms of this Stipulation and Agreement upon changed circumstances of the parties or the child. 5. The parties will keep each other advised immediately relative to any I' emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 'I Ij other party, or injury the opinion of the child as to the other party or which may hamper I 6, Neither parent shall do anything which may estrange the child from the the free and development of the child's love or affection for the other party. 7. Any modification or waiver of the provisions of this Agreement shall be effective only if made ~~~f ~~~~~~~ tRis ~l' Stipl:llation i1r:ld Agrt;o9o:J:19nt 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further , :1 acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification II ofsaid Order. II I i 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. .. . ...._:. -;!:c:;:~ j\~t'~Ed~~Cr.:". :.:..J -::;~.:~.~'.:.i:' ~L::t--:;n !i..,i'.( ~j.:'I'_:(: t..J :~-~i ;L".,~,:' '. ~',,~,,~'_;'.. :-..:.:, ':.:.: ~ ':,{ .; ;~ : ;,:'r :~ I'': 'r~:::n:~ ':'~ ?13~\ (i~-:tS;Y:1 f)t !~!!.:~np I:J.~If'!:?t..~}. . :';~.~) ~"'?:;"..r,/.J;~;Jl..'t: ;:;~'-,.:-;:_'~:::. ~.J'.;.; ':', f.. 1.... .. _ "'r" , 11. Each party acknowledges that the Agreement is fair and equitable and ":';""',. .,: - < ~1.',', ~ .' , " that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: .3/ io Inn and ~!If,~ Angeia M. Miller :3 / ')~/ aD ~ o,::f Michael Ferry Date: "'\) . 1]'u',-' :) ';; .;,~<IIJ 1'"1. 0: -. (,Jt.J lV' CYNTHIA 1. FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL FERRY and ANGELA MILLER, Defendants NO. 01-3524 CIVIL 98-6169 IN CUSTODY COURT ORDER AND NOW, this .30 t!=' day of August, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael Ferry, shall continue to enjoy legal and physical custody of Alexis Ferry, born August 2, 1997. 2. The Paternal Grandmother, Cynthia J. Ferry. shall enjoy periods of temporary physical custody with the minor child !IS lollows: A. On every Tuesday and Thursday from 9:00 a.m. until 7:30 p.m" except lor those Tuesdays and Thursdays when F athl~r is not working. Father shall provide the Grandmother with a schedule in advance. 8, At such other times as agreed upon by the parties. 3. The parties shall meet again with the custody conciliator on Thursday, October 4. 2001 at 8:30 a.m. In the event the parties are able to reach a permanent agreement prior to the conciliation conference, legal counsel for the parties may contact the conciliator to cancel the scheduled conciliation conference. 4. In the event the parties are unable to reach an agreement after another conciliation conference and this matter needs to proceed to a he:aring belore a Judge, it is noted that the Father reserves any defenses he may have including a claim that the Paternal Grandmother does not have standing to seek visitation rights. 5. This order shall be merged with the order entered at Docket No. 99-6169 insofar as the Maternal Grandmother, Elaine Yeager shall continue to exercise custody on alternating weekends until such time as the Mother is able to resume custodial responsibility lor the child. "EXHIBIT B" . , 6. [t is further ordered that the cases at Docket No. 98-6169 and at 01-3524 are consolidated as noted above in the caption. BY THE COURT, hi ~_ P. ..If,,:J~ J. EdWard E. Guido cc: Karl Rominger, Esquire Michael Scherer, E~quire ee: Mike Ferry 09/05/01 '. TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle. Pa. fhis Ji>O;- y~y of r'2L~ ~ ~I~ I) tU~ A~ . . Prothonotart CYNTHIA J. FERRY, Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL FERRY and ANGELA MILLER, Defendants NO. 01-3524 CIVIL 98-6169 IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexis Ferry, born August 2, 1997. 2. A Conciliation Conterence was held on August 17,2001, with the following individuals in atteridance: The Paternal Grandmother, Cynthia J. Ferry, with her counsel, Karl Rominger, Esquire; and the Father, Michael Ferry, with his counsel, Michael Scherer, Esquire. The Mother, Angela Miller, was not present. She is currently incarcerated. 3. The parties agree to the entry of an order in the form as attached. r('21/0{ DATE ar Hubert X, Gil , Esquire Custody Conciliator CERTIFICATE OF SERVICE I' I hereby certify that on December I ~ ,2003, I, Jennifer S. Lindsay, secretary to I, Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class U,S, mail, postage prepaid, to the party listed below, as follows: 'I :1 Karl Rominger, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, Pennsylvania 17013 !I " II I I' " Ii !i 11 II " ,I I, I I, Ii I n ....., 0 = c:~ = ." ~?- '-'" , <:::1 :I!." 1~,'1 r) nlp f'.Jrn co S~6 , ?j:B ':_, ~ -'",. () " (~5:-f1 - (",.:) ;--f =2 GO -< 0''' ANGELA M. MILLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM / CIVIL ACTION - LAW IN CUSTODY (j MICHAEL FERRY, Defendant :'1 I CYNTHIA J. FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3524 CIVIL ACTION - LAW IN CUSTODY v. MICHAEL FERRY and ANGELA MILLER, Defendants :1 II ,I " " Ii II i :1 ii ORDER OF COURT ii 'i II 'I I, " II II ! AND NOW THIS day of , 200_ upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the day of ,200_ at A.M.lP.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. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator at least 48 hours prior to the scheduled conference, !i FOR THE COURT, ii i Ii II ,I " j' BY Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 II ANGELA M. MILLER V, MICHAEL FERRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /98-6169// CIVIL ACTION LAW 01-3524 CYNTHIA J. FERRY V. MICHAEL FERRY AND ANGELA MILLER IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 16, 2004 , the conciliator, at 10:30 AM 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 defme 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. ,. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Cnstody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X. GilrQY, Esq. Custody Conciliator v The Court of Common Pleas of Cumbcrland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cou11. 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 A TTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -rf ~. -;1. ~ ~ ~ tv>'f('. t:/ ~;/ ~ ~ ~714' ~J< E'!?CC'.e/ ~p ~ ~ ~l-n WE:e'CI ":-:,",~;':::'/",lrYJ 10 : i lid 8Z J30 EOOZ ..,." ' ,,,-,,, ::'Hl' -'0 '\LJVlUi\j'J,-'ll\.,;d~ _~' .1, :J8\::UO-G:J II:! SEP 0 5 200~ ANGELA M. MILLER V. MICHAEL FERRY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 98-6169 CIVIL ACTION - LAW CYNTHIA J. FERRY V. MICHAEL FERRY AND ANGELA MILLER, Defendants IN CUSTODY ORDER ~ AND NOW, this s- day of September, 2006, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. a Hubert X. Gilro , Esquire Custody Concil ator "'-',,'"n'"" - " > Ii! .J l. 0 : \ I W;J 9- ([~,S saOl t~t)'v'1C~:>~',-"'