HomeMy WebLinkAbout01-0652 FX
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
v.
:
NO. 01- & S :J-
Civil Term
WILLIAM C. McMICHAEL,
Defendant
IN CUSTODY
ORDER OF COURT
day of , 2001,
of the attached Complaint, it is hereby
parties and their respective counsel appear
, the Conciliator, at
on the day
of , 2001, 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 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.
AND NOW, this
upon consideration
directed that the
before
FOR THE COURT:
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 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, PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. MCMICHAEL,
Plaintiff
.
.
.
.
NO. 01- (,S,;u
Civil Term
v.
WILLIAM C. McMICHAEL,
Defendant
:
: IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, TRACY L. McMICHAEL, by and
through her attorney, Maryann Murphy, Esquire, of MidPenn Legal
Services, and respectfully files this Complaint in Custody, and in
support thereof avers as follows:
1. plaintiff is TRACY L. McMICHAEL who resides at 144 West
Orange Street, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is WILLIAM C. McMICHAEL who resides at 225
Minnie Road, Chambersburg, Franklin County, Pennsylvania.
3. The minor children involved in this action are:
JESSE McMICHAEL, born July 27, 1986
AARON McMICHAEL, born August 23, 1989
and
EMILY McMICHAEL, born November 14, 1996
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4. Plaintiff is the biological mother of the minor children:
5. Defendant is the biological father of the minor children.
6. JESSE was born out of wedlock. AARON and EMILY were born
in wedlock.
7. The children are presently in the custody of Plaintiff.
8. During the lifetime of the children, they have resided
with the following persons at the following addresses:
Dates
Addresses
Persons
birth-1987
Bradford. PA
Plaintiff/Defendant
1987-1988
New York
Plaintiff/Defendant
1988-1990
Lemoyne, PA
Plaintiff/Defendant
1990-5/1998
Mechanicsburg, PA
Plaintiff/Defendant
5/1998-12/1998
Reynoldsville, PA
Plaintiff
12/1998-10/2000
Shippensburg, PA
Plaintiff/Defendant
10/2000-present
144 West Orange Street
Shippensburg, PA
Plaintiff
9. Plaintiff and Defendant are married to each other.
10. Plaintiff has not participated as a party or witness, or
in any other capacity, in other litigation concerning the custody
of the minor children in this or any other Court, except as set
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forth above.
11. Plaintiff has no information of a custody proceeding
concerning the children pending in a Court of this Commonwealth or
in any Court.
12. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the minor children, or
claims to have custody or visitation rights with respect to the
children.
13. Each parent whose parental rights to the minor children
have not been terminated, and the person who has physical custody
of the children, have been named as parties to this action. There
are no other persons known to have or claim a right to custody or
visitation of the children and therefore, no further notice of the
pendency of this action and the right to intervene shall be given,
other than to the parties named herein.
14. The best interests and permanent welfare of the minor
children will be served by granting primary physical custody to
Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter a Decree granting her primary physical custody of
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JESSE, AARON and EMILY.
Respectfully submitted:
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Maryann Murphy, Esq ir
MID PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. #61900
Attorney for plaintiff
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VERIFICATION
I, TRACY L. McMICHAEL, do hereby verify that I am the
Plaintiff in the within action, and that the statements made in the
foregoing Complaint in Custody are true and correct. I understand
that false statements herein are made subject to the penalties of
18 Pa.C.S. 4904, relating to unsworn falsification to authorities.
1-/9-~OI
Date
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TRACY L. McMICHAEL
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
: NO. 01-
Ci viI Term
v.
.
.
WILLIAM C. McMICHAEL,
Defendant
IN CUSTODY
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that on the
day of
, 2001, a true and correct copy of the
Complaint in Custody was served upon the Defendant by placing a
copy of same in the United States Mail, first class, postage
prepaid, certified/restricted delivery, addressed as follows:
william C. McMichael
225 Minnie Road
Chambersburg, PA 17201
Date:
Murphy, Esqui e
MID PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D.#61900
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
: NO. 0Sd-.
Civil Term
v.
: IN CUSTODY
WILLIAM C. McMICHAEL,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, TRACY L. McMICHAEL, Plaintiff, to proceed in forma vauveris.
I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party
proceeding in forma vauveris, certify that I believe the party is unable to pay the costs and that
I am providing free legal services to the party. The party's affidavit showing inability to pay the
costs of litigation is attached hereto.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
: NO. 01- (,,!t;L
Civil Term
v.
: IN CUSTODY
WILLIAM C. McMICHAEL,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am TRACY L. McMICHAEL, Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: TRACY L. McMICHAEL
Address: 144 West Oranl!e Street. ShiDoensburg:. PA 17057
(b) Social Security Number: 178-62-4232
If you are presently employed, state
Employer: Dam Martin Countrv Comer Retail Catering:
Address: 20 West Oranl!e Street. Shiooensburl!. PA 17257
Salary or wages per month: $ 998.00
Type of work: clerk
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If you are presently unemployed, state NIA
Date of last employment: N/ A
Salary or wages per month: N/A
Type of work: N/A
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0-
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: $400.00
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
Other: -0-
(d) Other contributions to household support
(Wife)(Husband) Name: N/A the parties are seoarated
If your (husband) (wife) is employed, state
Employer:
N/A
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Salary or wages per month: N/A
Type of work: N/A
Contributions from children: -0-
(e) Property owned
Cash: -0-
Checking Account: -0-
Savings Account: -0-
Certificates of Deposit: -O-
Real Estate (including home): N/A
Motor vehicle: Make Chrvsler 5th Avenue
Year
Cost $500.00
Stocks; bonds: -0-
Other: -0-
(f) Debts and obligations
Mortgage:
Rent:
Amount owed
Loans:
-0-
$475.00
-0-
Monthly Expenses: aooroximately $1000.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
N
1988
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Children, if any:
Name: Jesse Age: 14
Name: Aaron Age: 11
Name: Emilv Age: 4
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. 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: /~ /:J.. .Of
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TRAC L. McMICHAEL
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TRACY L. MCMICHAEL
PLAINTIFF
V.
WILLIAM C. MCMICHAEL
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-652
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW. this 5th day of February, 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 Connry Courthouse, Carlisle on the 7th day of March , 200 I, at 9:30 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 THE COURT,
By: Isl
ac ueline M. Vern Es
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 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 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
: No. 2001-652 Civil Term
v.
WILLIAM C. McMICHAEL,
Defendant
: IN CUSTODY
PRAECIPE TO REINSTATE ACTION
To the Prothonotary:
Please reinstate the above action in Custody.
Respectfully submitted:
Maryann urphy, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
!.D. # 61900
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
No. 01-652 Civil Term
v.
WILLIAM C. McMICHAEL,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this
1.::;1,..1 day of MAtt CJ.(
,2001, upon presentation of the
attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED
that custody of the minor children, JESSE McMICHAEL, born July 27, 1986; AARON
McMICHAEL, born August 23,1989; and EMILY McMICHAEL, born November 14,1996, is
awarded as follows:
I. MOTHER shall have primary physical and legal custody of the minor children.
2. FATHER shall have partial physical custody of the minor children on alternate weekends
from Friday at 5:00 p.m. until Sunday at 5:00 p.m.
3. The parents shall share or alternate the holidays with the minor children each year. The
specific times shall be detenruned by mutual agreement of MOTHER and FATHER.
4. MOTHER shall have the children on Mother's Day and F ATHER shall have the children
on Father's Day, regardless of the usual alternating weekend schedule.
5. By mutual consent of the parents, a modified schedule may be agreed upon between
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them for and in the best interests of the minor children.
6. Both parents shall permit reasonable telephone access between the children and the other
parent. MOTHER and FATHER shall provide each other with a current telephone number and
address.
7. Neither parent shall use illegal drugs or abuse alcohol while the children are in their
custody, and to the extent possible, they shall ensure that third parties do not use illegal drugs or
abuse alcohol in the presence of the children.
8. For purposes of visitation, FATHER shall provide transportation or shall arrange
transportation with a mutually agreed upon third party. Currently the parents live approximately ten
(10) miles apart. Should MOTHER move more than ten (10) miles from her current residence, she
shall be responsible for transportation of the children.
9. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
,
CIVIL ACTION - LAW
TRACY L. McMICHAEL,
Plaintiff
No. 01-652 Civil Term
v.
WILLIAM C. McMICHAEL,
Defendant
IN CUSTODY
STIPULATION FOR ENTRY OF A CUSTODY ORDER
The parties to this action, TRACY L. McMICHAEL (hereinafter referred to as
"MOTHER"), and WILLIAM C. McMICHAEL (hereinafter referred to as "FATHER"), desiring
to amicably settle and resolve all outstanding issues concerning custody and partial custody with
respect to the minor children involved in this action: JESSE McMICHAEL, born July 27, 1986;
AARON McMICHAEL, born August 23, 1989; and EMILY McMICHAEL, born November 14,
1996, hereby stipulate and agree to the entry of an Order of Court awarding custody of JESSE,
AARON and EMILY as follows:
I. The parents agree that MOTHER shall have primary physical and legal custody of the
minor children.
2. The parents agree that FATHER shall have partial physical custody of the minor children
on alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m.
3. The parents agree to share or alternate the holidays with the minor children each year.
The specific times shall be determined by mutual agreement of MOTHER and F ATHER.
4. The parents agree that MOTHER shall have the children on Mother's Day and F ATHER
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shall have the children on Father's Day, regardless ofthe usual alternating weekend schedule.
5. By mutual consent of the parents, a modified schedule may be agreed upon between
them for and in the best interests of the minor children.
6. Both parents agree to permit reasonable telephone access between the children and the
other parent. MOTHER and FATHER agree to provide each other with a current telephone number
and address.
7. The parents agree that neither shall use illegal drugs or abuse alcohol while the children
are in their custody, and to the extent possible, they shall ensure that third parties do not use illegal
drugs or abuse alcohol in the presence of the children.
8. The parties agree that this Agreement shall be submitted to the Court of Common Pleas
of Cumberland County for approval and for entry of an Order awarding custody and partial custody
as se~h herein, and the parties hereby request that this Honorable Court enter such an Order.
IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody
Order on the date(s) indicated below.
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TRACY L. McMICHAEL,
Plaintiff
v.
WILLIAM C. McMICHAEL,
Defendant
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APR 0 2 2001 bP
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
: NO. 2001-652 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 2ND day of April, 2001, the Conciliator being notified that the
parties have signed a Custody Stipulation in the above matter, the Conciliator hereby
relinquishes jurisdiction in this matter.
FOR THE COURT,
tody Conciliator
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HIOS.157 REV 1-80
COWMONWeAlJ'H Of' PENNSYlw.N1A
DEPARTMENT OF HEAUH
VITAL RECORDS
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STATE FILE NUMBER
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RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FILE DATE
HUSBAND
(Middle) h a;'" 0, DATE ~1hJ (Oa,) "'O'
He HI OF -3- /q5
BIRTH
PA~ 4, PLACE (Sla'. or Fonrlgrl Coun'ryJ
OF
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7. USUAL OCCUPATION
,. NAME
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i~R~'OENCE M i h h itl"'t' ~h 0Jil ry. ~r'p,
5. NUMBER 6. RACE
OF B'US WH
MARRIAGE
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OTHEA (Specify)
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WIFE
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County l St.,. 11. PlACE
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15. PLACE OF (eN")
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MARR'AGE e Ovh r
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CHILDREN THIS 1 CH!lo.:9REN UNDER 18
MARRIAGE.:J :;J
20. NUMBER OF HUSBAND
CHILDREN 10 0
CUSTODY OF
(S"'. or Foreign Counlr)'}
22. DATE OF DECREE (Manlh)
18. PLAINTIFF
HUSBAND
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18, DATE OF (Monrh) (Oa,) &eO'
THIS .1-15- /q&
MARRIAGE
1.. DECREE GRANTED 10
OTHER I_I)! HUSBAND WIFE OTHERI_Iy)
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21. LEGAL GROUNDS FOR {c j
DIVORCE OR ANNULMENT 3301
03. DATE REPORT SENT (Monrh) (Da)'} (~atJ
10 VITAL RECORDS
SPLIT CUStODY
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(Day}
(ltNItJ
24. SIGNATlIAE OF
TRANSCRIBING CLERK
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