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JEANNETIE S. HARVEY
PLAINTIFF
V.
JOSEPH R. HARVEY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-8831 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on the 7th day of February ,2001, at 1:00 p.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 TIIE COURT,
By: Isl
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Melissa P. Greevy. E~
Custody Conciliator /
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with DisabiHtes Act of 1990. For information about accessible facilities and reasonable accommodations
avai1ab]e to disabled individuals having business before the court, please contact our office. All an'angements
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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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 170]3
Te]ephone (717) 249-3166
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. C:6- /,P3/
Ciu;L y~
v.
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
ORDEROFCOURT
AND NOW, this _ day of December, 2000, upon consideration of the attached
Complaint for Custody, it is hereby directed that the parties and their respective counsel, appear
before ,the conciliator, on the _ day of
,2000_, at _.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 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 the entry of a temporary or pennanent
Order.
BY THE COURT:
Dated:
By:
Custody Conciliator
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.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717) 249-3166
Document #: 193004.1
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
NO.
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property, or other
rights important to you, including child custody, or child visitation.
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.
COURT ADMINISTRATOR, FOURTH FLOOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Document #: 187450.1
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
NO.
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se
defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido
en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra
queja 0 compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades
u otros derechos importantes para usted.
Cuando la base para e1 divorcio es indignidades 0 rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible
en la oficina del Prothontary, en la Dauphin County Court of Common Pleas, Front and Market
Streets, Harrisburg, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL
DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO
A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO
TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
COURT ADMINISTRATOR, FOURTH FLOOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Document #: 187450.1
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
NO. {)()- fYJI Cw-u I~
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW, this ~ day of December, 2000, comes the Plaintiff, Jeannette S.
Harvey and files the within Complaint for Custody:
1. The Plaintiff is Jeannette S. Harvey, an adult individual currently residing at
373 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007 since August,
2000.
2. The Defendant is Joseph Robert Harvey, an adult individual whose current
address is 512 Mill Race Road, Carlisle, Cumberland County, Pennsylvania 17013 since 1994.
3. The Plaintiff and Defendant were married on September 5, 1993 and, separated
on August 17, 2000.
4. Plaintiff seeks primary legal and physical custody of the following children:
Name
Present Address
D.O.B.
Savannah Bricker Harvey
Sierra Bassatt Harvey
With Plaintiff
With Plaintiff
11/13/99
11/13/99
Plaintiff and Defendant are the natural parents of the above mentioned minor children.
Document #: 187450.1
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The children were born during the marriage.
5. The children are presently in the custody of Plaintiff, Jeannette S. Harvey, who
resides at 373 Mountain Road, Boiling Springs, P A 17007
During the past year, the children have resided with the following persons at the
following addresses:
Name
Address
Date
Jeannette S. Harvey
and Joseph R. Harvey
512 Mill Race Road
Carlisle, PA 17013
11/13/99 through
8/1712000
Jeannette S. Harvey 373 Mountain Road,
and Maternal Grandparents Boiling Springs, PA 17007
8/17/2000 to present
The father of the children is Defendant who resides at 512 Mill Race Road, Carlisle,
Pennsylvania 17013.
The mother of the children is Jeannette S. Harvey, who resides at 373 Mountain Road,
Boiling Springs, Pennsylvania 17007.
6. The relationship of Plaintiff to the children is that of natural mother. The
Plaintiff currently resides with the following persons:
Name
Relationship
(Mother and Father)
Parents
Savannah Bricker Harvey
Daughter
Sierra Bassatt Harvey
Daughter
7. The relationship of Defendant to the children is that of natural father. The
Defendant currently resides by himself.
8. Plaintiff has not participated as a party or witness, or in any other capacity in
Document #: 187450.1
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any other litigation concerning the custody of the children in this or another Court.
Plaintiff has no information of a custody proceeding concerning the children pending in
a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation with respect to the children.
9. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
a. Plaintiff, Jeannette S. Harvey is in the best position, both financially and
emotionally, to provide stability and custody for the children.
b. Plaintiff is in the best position to provide a stable, responsible
environment for the raising of his children.
c. Plaintiff is more stable, more capable of providing the proper parental
care, and can better provide for the physical and emotional needs of the
children.
d. Plaintiff has been the primary caretaker of the two minor children since
their birth.
e. Defendant is planning to move to New York after Christmas of 2000.
10. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been named as parties
to this action.
Document #: 187450.1
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WHEREFORE, the Plaintiff, Jeannette S. Harvey, requests the Court to grant her
primary physical and legal custody of the children.
Dated:
la/aI/CO
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~AI, JtUJd
Melissa L. StiCk"s~uire
Attorney I.D. No. 85869
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 187450.1
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VERIFICATION
I verify that the statements made in the foregoing COMPLAINT IN CUSTODY are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date:
/C;!JO/07J
Document #: 187450.1
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JEANNETTE S. HARVEY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PNNSYLVANIA
Plaintiff
v.
No. 2000-008831
JOSEPH R. HARVEY,
CIVIL ACTION - LAW
Defendant.
CUSTODY
AFFIDAVIT OF SERVICE
I, Melissa 1. Stickel, Esquire, counsel for Plaintiff, Jeannette S. Harvey, hereby certify
that a true and correct copy of the Complaint in Custody was served upon Joseph R. Harvey, via hand
delivery by Jeanette Harvey on December 27, 2000. Attached hereto, marked as Exhibit "A" and
incorporated herein by reference is a copy ofthe return receipt card indicating service upon:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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Melissa 1. Stickel, Es Ire
J.D. No. 85869
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Date: January 2, 2001
Document #: 193786.1
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
NO. 2000-088312
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Custody. I certifY that I am the Defendant, Joseph R.
Harvey.
Date: /.:2 /01- 7~ 17G"
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Document #: 193279.1
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vs.
FEB 1 2 ?nn", ~
IN THE COURT OF COMMON PLEAS on
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8831
JEANNETTE S. HARVEY,
Plaintiffs
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION - LAW
Custody
ORDER OF COURT
AND NOW, this 7th day of February, 2001, having been informed by Plaintiff's counsel
that the parties have reached an agreement regarding the custody of the minor Children in this
matter, the Conciliator hereby relinquishes jurisdiction.
;) q ~O I
eli sa Peel Greevy, Esquire
Custody Conciliator
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v.
NO. 00-8831
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
ORDER OF COURT
AND NOW, this ;;g~ day of F~
, 2001, upon review and
consideration of the Custody Agreement of the parties, a copy of which is attached hereto, said
Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the
Order of this Court.
J.
cc:
Melissa L. Stickel, Esquire
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Document #: 194833.1
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JEANNETTE S. HARVEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v.
NO. 008831
JOSEPH R. HARVEY,
Defendant
CIVIL ACTION LAW - IN CUSTODY
-CUSTODY AGREEMENT
WHEREAS, JOSEPH R. HARVEY, hereinafter referred to as "FATHER" and
JEANNETTE S. HARVEY, hereinafter referred to as "MOTHER" are the natural parents of
Savannah Bricker Harvey (DOB 11/13/99) and Sierra Bassatt Harvey (DOB 11/13/99); and
WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and
visitation of the said children; and,
WHEREAS, both parties have been advised by counselor have had the opportunity to be
advised by counsel; and,
WHEREAS, the parties intend to submit this Custody Agreement to the Court of
appropriate jurisdiction for incorporation and merger into a Court Order approving said
Agreement;
NOW, THEREFORE, it is hereby stipulated and agreed as follows:
I. The parties shall have joint legal custody of the children and shall confer with
respect to major decisions with respect to the up bringing of the children including, but not
limited to, their education, health, medical care and religious up bringing.
Document #: 194833.1
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2. MOTHER shall have primary physical custody of the children.
3. FATHER shall have partial physical custody of the minor children every other
weekend from Friday night at 5:00 p.m. through Sunday at 5:00 p.m., beginning December 29,
2000.
4. FATHER shall have such other partial physical custody/visitation of the minor
children as shall be agreed upon by the parties.
5. HOLIDAYS-
a. Christmas -
1. Odd numbered years. MOTHER will have the children on Christmas
Eve and ChristIpas Day.
2. Even numbered years. FATHER will have children on Christmas Eve
and Christmas Day.
b. Thanksgiving-
1. Odd numbered years. MOTHER will have children.
2. Even numbered years. FATHER will have children.
c. Easter -
3. Odd numbered years. MOTHER will have children.
4. Even numbered years. FATHER will have children.
d. Mothers Day -
MOTHER will have the children.
e. Fathers Day -
Document #: 194833.1
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FATHER will have the children.
6. It is agreed that FATHER and MOTHER will meet at the Carlisle Plaza Mall
when transporting the children during FATHER'S scheduled visitation, unless otherwise agreed
by the parties.
7. It is agreed that MOTHER shall have the right to claim the dependency exemption
for the children on applicable federal and state tax returns and FATHER agrees to sign those
documents necessary to-enable MOTHER to do so.
8. It is agreed that MOTHER shall provide medical insurance for the children.
9. Both parties shall permit telephone calls to the children from the non-custodial
parent.
10. The parties agree to cooperate with one another in the implementationof the
aforesaid Agreement and understand and agree that other changes or modifications in the
aforesaid schedule and/or times specified may be necessary to enable both parents to continue to
foster and develop a good and healthy reI~tionship with the children. To that end, the parties
agree to cooperate with one another to encourage the relationship of the children with the other
parent and agree to refrain from any and all conduct, activity, or communication which would
adversely affect the children's relationship with either parent.
11. Upon the knowledge of pending relocation, temporary or permanent, of either
parent, each parent must immediately inform the other of his/her new address and telephone
number.
12. Both parties shall utilize child restraint seats and seat belts while transporting the
Document #: 194833.1
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children by automobile.
13. The legal residency of the aforementioned children, not withstanding where the
children may live at various times, shall be the same as that of MOTHER.
14. This Agreement shall be effective immediately upon signature by both parties and
its validity is not contingent upon Court approval.
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Document #: 194833.1
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTYOF UPIlJP;-IrN
Personally appeared before me, a notary public in and for said Commonwealth and
County, the undersigned, Jeannette S. Harvey, Plaintiff, who, being duly sworn according to
law, deposes and says that she is the MOTHER and that the facts set forth in the within Custody
Agreement are true and correct to the best of his knowledge, information, and belief.
Sworn to and subscribed
before me this /3 -1tI: day
of ~R()A-tVtf ,2001.
/J..-f7f2r
Notary Public
NOTARIAL SEAL
CAROL A. LYTER, NOTARY PU811C
Harrisburg, Oaupnin County
My Commission Expires Oec. 28 2004
Document #: 194833. J
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COUNTYOF C~jUo
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Personally appeared before me, a notary public in and for said State and County, the
undersigned, Joseph R. Harvey, Defendant, who, being duly sworn according to law, deposes
and says that he is the FATHER and that the facts set forth in the withinCustody Agreement are
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true and correct to the best of her knowledge, informati
Sworn to and subscribed
befor~ me this ~:( day
of --.JaYlU , zoo!.
Document #: 194833.1
MELISSA J. JANORA
Notary Public' State of New York
No.01JA6015142
Qualified in Cattaraugus County '1.
My Commission Fxnires October 26,.QiOD)
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