Loading...
HomeMy WebLinkAbout01-0431 FX " , " ''". :~, ... ,~ ] . FEa 21 2001 fIJ IN THE COORT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW MICHAEL L. FAILOR, JR., Plaintiff No. 2001-431 CIVIL TERM v. JENNIFER D. MILLER, Defendant IN CUSTODY IN RE: TEMPORARY CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 1\n- day of ~ , 2001, the following order is entered by consent of the parties with regard to the custody of their minor child, JAMIE LEE SILVER MILLER, born November 6,1997. 1. Plaintiff, Michael L. Failor, Jr., hereinafter referred to as the father, and defendant, Jennifer D. Miller, hereinafter referred to as the mother, shall share legal custody of the child. 2. The father shall have physical custody of the child. 3. The mother shall have visitation according to the following schedule. A. Every Saturday from 10:00 a.m. until 7 :00 p.m., supervised by Robert Lloyd, Sr., or Mildred Deitch, or a person mutually agreed upon by the parties. Transportation shall be provided by Robert Lloyd, Jr., Robert Lloyd, Sr., Mildred Deitch, Michael L. Failor, Jr., or a person mutually agreed upon by the parties. The mother is not to provide transportation without supervision. Only by mutual agreement of the parties, the Saturday visitation period may occasionally be ,~ ': [ . . '" changed to Sunday. B. Two evenings each week from 7:00 p.m. until 9:00 p.m., unless otherwise agreed, supervised by Robert Lloyd, Sr., or Mildred Deitch, or a person agreed upon by the parties. Transportation shall be provided by Robert Lloyd, Jr., Robert Lloyd, Sr., Mildred Deitch, Michael L. Failor, Jr., or a person mutually agreed upon by the parties. The mother is not to provide transportation without supervision. C. Other times agreed upon by the parties. 4. The mother shall not use or be under the influence of illegal drugs or alcohol during or within twelve hours prior to her periods of visitation. 5. Mother has submitted to a drug and alcohol evaluation and agrees to abide by the recommendations of her counselor. Mother will provide documentation to father which shows that she is abiding by the recommendations of her counselor. Father will not directly contact the counselor. 6. There shall be reasonable notice given to the other party if a scheduled period of visitation needs to be canceled or modifIed, and a makeup period shall be offered within a reasonable time frame, 7. The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the child is in that parent's care. 8. Neither party shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love and respect for the other parent. This temporary custody order is , . ,.....-J ~ entered without prejudice to either party and shall remain in effect pending further order of court. Either party may contact the conciliator directly to schedule this matter for conciliation. Consented to by: 7JU/~h MICHAEL L. FAILOR, JR. y 0,1::>\ V':iY$ BY THE COURT: J. ~~~ MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Mark D. Schwartz, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013 ,~ , , L " . .' . ,. W~~llif" ",-,' 'C' '~_.""""'''""''~'"'~ pij~~~f--l,,J1l:)i~Mf'llPtlflJ '~', '. ., " ',J (r / , f'/." '. ') c.. "j ~"~};""/( ,c 1;'1. ...... ..../~,';,'_~ I '/,' 'f-0'1~:V' /~ ,'/).,..,....'!,', ";'''-;,)"''''(,.-;1.,,,,- "'1;</ '~-;y " <.' .0:J ... TI~~lt'!!<'!miJ'lt;'i;;~'!!'-~"il""''<;~>;JR~'.f~~,!j)l~~~~~Mlg~~~~~ __ '_T","' - . - .- ~I, 1_, ,_"_, " ~ M>, "1:j n l'jlil,,~~ FEB 21 201)1 J.I? MICHAEL L. FAILOR, JR. Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2001-431 JENNIFER D. MILLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 21 st day of February, 2001, the Conciliator being notified that the parties intend to sign a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, k,V: ne M. Verney, Esquire, Custody nciliator ~ "~'.",~=~~, I~~ CF ~~~ ,"' 01 FEn?U ';),"1 f>: ':)h I t I L ~,,_,.., CUMbL: CCUN'j'y PENN;3YL'/P,-NV\ I ! ~ j , li ~ I ~ I I I ; " I 1 .~ l! 1" I, .. , -- , ,,~ ". -I J " .. , , , '.-', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEXTCARD, INC. Plaintiff, v. CURTIS W. JAMES, Defendant. TO: WAYPOINTBANK, Garnishee ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION - ARBITRATION No.: 01-439 INTERROGATORIES IN ATTACHMENT DIRECTED TO GARNISHEE TO: Waypoint Bank: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? N O-r -ro MY I< tJ 0 vJ L E b6'--E 2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N/f\ ,t. , l~ ~-' '", .' ':, ~, v " 3. At the time that you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? NOI TO MY Kf\)OWLEbG-E- 4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. N/A 5. At the time that you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? ;JOT to MY KNOWl.ED@e ,I_ci ",1"' "" ,i I" < ~, I ;-, ,;' "' 6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and present location of each of said properties. N/A 7. At the time that you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NOT 176 My KN'OWL E-(J@6- 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. Nt~ I,> , t " ~ ~ 9~ At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? ,vOl 10 MY KtJovJi.. E.D~E 10. If the answer to Interrogatory 9 is in the affIrmative, describe the nature, fair market value, and present location of each of such properties. NJA 11. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim ofthe defendant against you? NOT TO MY KNOW LE!)$E- BY: PAYNE MYERS -~! Gregory T. Artim, sqUIre PAI.D. #80886 Penn Plaza, Suite 208 Turtle Creek, PA 15145 (412) 823-8100 ~!liIll>l!iii~~~ii!il!llJ~~:i~dmi~' .t.o' ~.~. ~-" ~ ,,~ ~ '''',I'' . {"' ., In 11\1 to \ 1 u~ i" "Hi.r,'.. ~JH~~'ij\H,:-:: ~\','.l ",.' ~. " .-,~ -, .J " (' ; ~.1, 3J It ~n~ !1\nJ ''', '.'~';t3;jit!) - o c: ''"- -'0 CD 9?- ~E Z'-- 0~, r::;C.i <.- 40 .4- ,~~, $c ~ . ~ <," ....." CI el) en '-0 ,. C:JI' :;:1 .-.l -n , ~...,:;- " 'r- -:ttI: ,'j'...".J ;~~0:~ '20 L-rf1 o ._...1. i-> ~o ~ ...., ~ ~ :::> U1 ~ -" ,~-- ::'1 Ii Ii' .. " (i ,. I: i' 0"" e' ..," ".<,~'~'"' '-,'~'_V_" -':,',;--->I:O--i.:;;-;;1-;:.'" ;_'~"'~"c,':"': .oc", 0"', "' . ,;1 ,,;.'-_," -"'';'''''-,''''<o':i"Jj:;;'"'J';;','EJ'_i'''','J ",-<-,"~, ':-0""'-:''-'" .;,.'"-,~:~ MICHAEL L. FAILOR, JR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- '/J/ CIVIL TERM JENNIFER D. MILLER, DefendantJRespondent IN CUSTODY PETITION FOR CUSTODY AND NOW comes the Petitioner, Michael L. Failor, Jr., by his attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. 1. The Petitioner is Michael L. Failor, Jr., an adult individual residing at 967B West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Jennifer D. Miller, an adult individual residing at Apt. 3, 1831 Walnut Bottom Road, Newville, Pennsylvania 17241. 3. The parties are the natural parents of one child, namely, Jamie Lee Silver Miller, born November 6, 1997, age tbree (3) years. 4. As of January 12, 2001, Cumberland County Children and Youth services has removed the minor child from the custody of Respondent and has placed the minor child in the temporary physical custody of the Petitioner. """<'''-''--~'c,,~~, - ,-' . ":"""".., .,;.'r', 5. Prior to the action by Cumberland County Children and Youth Services, the parties had exercised shared physical and legal custody of the minor child on an alternating weekly basis. 6. Petitioner desires primary physical custody of the child and shared legal custody with periods of supervised visitation to Respondent as can be mutually arranged between the parties. 7. In that the minor child was removed from the custody of the Respondent due to substance abuse and neglect on behalf of the Respondent, the best interest and permanent welfare of the child require that primary physical and legal custody of the child be as provided above. WHEREFORE, Petitioner, Michael L. Failor, Jr., respectfully requests that he be awarded primary physical custody and legal custody of the child as provided herein. Respectfully submitted, By: TUT=-- Mark D. Schwartz, Esquire Attorney fOil" PlaintifflPetitioner West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 Date: January z.. 1.. ,2001 ~M"_'~",' ._,~_. '~__,'~',,,' '.'-,_:,0_.",' --~, _,,0. ,- -'_" ~ I~ ~_>,",_.-"-",-L'~,,;~ _;._:,'\., -.er":'-',-,.':' 1;..:.,.:"';,;,,,_,:, :,.-\-1J~ih~','",<"i,/, ~,-,;~'o' ----- VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 'T71...4/ ~~ Ls" MICHAEL L. FAILOR, JR. Date: January Z. 7 ,2001 ~o~,,~"=,__'""__'" ,',"-(",-,,,_'- I'. ~".,~,_,,,,>o:',"";';"',,"'--'"';,d' "-J'! '...b"" "",;:--li..-.','''"r" ",."o-:s""j'.'''..."" ' '''",';.';./. MICHAEL L. FAILOR, JR., PlabltifEnPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- CIVIL TERM JENNIFER D. MILLER, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, attorney for the Plaintiff/Petitioner in the above-captioned action, hereby certify that on this ~ L day of January 2001, a certified copy of the Petition for Custody was served by certified, fIrst-class, postage prepaid United States mail in Carlisle, Permsylvania upon the following: Jennifer D. Miller 1831 Walnut Bottom Road, Apt. 3 Newville, Pennsylvania 17241 By: ZK;:::: Mark D. Schwartz, Esquire Attorney for PlabltifflPetitioner, Michael L. Failor, Jr. West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 ~=-_~........;..,J, ~ 'LI~'l1k' '.,' ~,'", - ", '--j(---~"''';~'~'' .-",- '-,-L<' '",-", '~ "'.' , , ~'" ",'"' -,~,,'-;' 0 0 C 0 -oS: ,.., t- oil 92UJ > fn 2::0 Z hl,:n N ," wI);: ~-"1 fT1 -<b,_ N =-_vO r::C"- 01 ,<' --0 ~~'fC) ~ ;?:O ::x ~']: ii 20 ('"]:D ,;:::,,,.1"') 5>c - (Sm 2 .. -., =< .:-'1 j; (/1 -< ,~ -~ "" ., " ~, . ~ -^--' - - ~ , ~;l j J j . 1 i 'I , i ,_.. --....)! I.., ~- ' 'JL~ " c, MICHAEL L. FAILOR, JR. PLAINTIFF V. JENNIFERD. MILLER DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-431 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 26th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliat at 4th Floor, Cumberland County Courthouse, Carlisle on the 21st day of February ,2001, at 10:30 a.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 Jacqueline M. VernlO" ~~\? Custody Conciliator The Court of Common Pleas of Cumberland 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 court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. yOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 u I .." OF F!Lfe';~:~:FJ~E - ",'" ]I'!O] "RY ,~- " -Ir.. OJ JMJ29 tiNJl: 12 CUI' )COC'R >'It'c U\i'ID ('OUN PENNSYLVANfA !1Y ~ /' ;;ltJ.CJI tV cW ~wjj~.~~;,. . ~~. I ,;)I}-Ol '1~ /Jf?h~ ~ .' ' Fc2f-?J/ ~ d - ::# ,/ . L t1"Jtj7 ~'&'/ 44<. "U;; .!~?::Y' Z7 ~:;~ - iI " II II II [I I II I] Ii ] I ',1 1;1 i: - ~.J;' ,,,_.~""i""hWl"", , ~,.I.. ~"<1.~ ~M"'!JI'!I"""''''__~ ~~t~j';""!1"!"!"f,'!'."!"!'f>{-"~~W!l'I~'i!i!~.~~f~'~"'1~~!,~ , ~~;'lI'@"'!t!