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HomeMy WebLinkAbout03-1881COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUHBE~ Mag. Dist. No.: 09 -3-03 DJ Name: Hon. SUSAN K. DAY Address: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : CHARLES RECTOR, ESQ. 1104 FERNW~D AVE. SUITE 203 CAMP HILL, PA 17011 - NOTICE OF JUDGMENT/TRANSCRIPT PLA,NT,FF/J U DGME ASE NAME and ADDRESS FWEST SHORE RECEIVABLES, INC. ~ 1104 FERNWOOD AVE. SUITE 203 ~AMP HILL, PA 17011 VS. DEFENDANT/JUDGMENT C~I~DRESS ~LARK, BRIDGET M 7386 WERTZVILLE RD CARLISLE, PA 17013 L Docket No.: CV- 0000389 - 02 Date Filed: 12/30/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~-] Judgment was entered for: ~ Judgment was entered against! (Name) in the amount of $ 91 "/_:1 t Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. L---~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ DEFAULT JUDC4~RNT PLTF (Name) on: (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 848.13 69.00 .00 .00 917.~3 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,~° C;~ ,~'-d;;.~ Date /~~~rOc¢~ I certify that this is a true ~ect c~.~~of the re ' · ' '/~"7'~ Date/~. ..t/~~~~ .ont~a,n,ng My commission expires first Monday of January. 2004 . District Justice the judgment. , District Justice SEAL AOPC 315-O3 BRADLEY IC PATE, Plaintiff Ye CYNTI]IA J. PATE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBE~ COUNTY, PENNSYLVANIA : : NO. 02-1881 : : CIVIL ACTION - LAW : EN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plai~iff/Petitioner, Bradley K. Pate,, by and through his counsel, Cara A. Boyanowski, Esquire, and respectfl~lly represents: 1. The Plaintifl~etitioner is Bradley K. Pate, an adult individual who resides at 431 Shuler Road, Etters, York County, Pennsylvania 17319. The Defendant/Respondent is Cynthia J. Pate, an adult individual who resides at 110 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of one minor child, namely, Keith Brendan Pate, who was bom on June 3, 1999. He is presently 4 years old. 4. On September 16, 2002, the parties entered into Stipulation for Custody which the Honorable Kevin A. Hess, entered as an Order of Court on September 23, 2002. A copy of the Order of Court and Stipulation for Custody are attached hereto and incorporated herein as Exhibit 5. The Stipulation for Custody provided PlalntiflTPefitioner and Defendant/Respondent with shared legal custody, Defendant/Respondent with primary physical custody, and Plaimiff/Petitioner with periods of partial physical custody, as follows: A. Every Wednesday evening from 4:30 p.m. until Thursday morning at 8:00 a.m.; B. Alternating Mondays, overnight, from 4:30 p.m. until Tuesday morning at 8:00 a.m.; and C. Alternating weekends, from Friday evaning at 4:30 p.m. through Sunday evening at 4:30 p.m. 6. PlaintiflTPetifioner believes under the above custody schedule he does not receive much quality time. One reason is due to the late pick up times, which was originally agreed upon between the parties because the child used to nap until 4:00 p.m., and early drop ofttimes. Essentially, during the weekday nights, Plaintiff/Petitioner only ires time to feed and bathe his son before he must get him ready for bed. In the mornings, Plaintig~Pefitioner only has time to give his son breakfast and get him dressed before he must be returne(I to Defendant/Respondent. If the drop off and pick up times could be extended, PlaimifffPetition~- believes he would be provided with more quality time. 7. Additionally, PlaintiflTPetitioner believes it would be beneficial to both parties and his relationship with the minor child, if the current custody order were modified to permit each party larger blocks of custodial time with the minor child, instea(~l of alternating the custody schedule on an ahnost daily basis. 8. Plaintifl;'Petitioner believes it would be beneficial to both parties and the minor child if the court would amend the existing custody order as stated above. WHEREFORE, PlaJntifl~etitioner, Bradley K. Pate, respectfully requests this Honorable Court to modify the existing Order of Court to award him larger periods of uninterrupted physical custody with the minor child. Respectfully submitted, DALEY LAW OI~ICES Cara A. Boyanowslci, Esquire Supreme Court I.I). No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff/Petitioner VERIFICATION I verify that the statements made in this Petition for Modification of an Existing Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. i Pate, plaint~etitioner BRADLEY K. PATE, Plaintiff CYNTHIA J. PATE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1881 : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ 3,~ day of .~~. ,2002, upon stipulation of the parties, it is hereby Ordered and Decreed: 1. ~ Plaintiff,, Bradley K. Pate, and Defendant, Cynthia J. Pate, shall have shared legal custody of their son, Keith Brendan Pate, born June 15, 1999. Each parent shah have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non- cnnergency decisions affecting the child's general well-being including, but not limited to, all decisions affecting the child's health, education, and religion. Pursuant to the terms ofPa. C.S. §5309, each parent shall be entitled to ah records, including, but not limited to, school and medical records and information, the residence address of the child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies there, with the other parent within such reasonable time as to make the reports and information of reasonable use to the other parent. 2. ~ Defendant, Cynthia I. Pate, shall have primary physical custody of the minor child. Plaintiff, Bradley K Pate, shah have periods of partial physical custody of the minor child, on the following schedule: A. Prior to August 5, 2002: every Tuesday, overnight, from 4:30 p.m. until Wednesday morning at 8:00 a.m.; every Thursday, overnight, fi'om 4:30 p.m. until Friday morning at 8:00 a.trL; and, on alternating weekends, from Thursday at 4:30 p.m. through Saturday at 4:30 p.m. This schedule shall commence on Tuesday, June 25, 2002, with Plalntiffexercising his first Tuesday, overnight period. B. After August 5, 2002: every Wednesday, overnight, from 4:30 p.m. until Thursday morning at 8:00 a.m.; alternating Mondays, overnight, following those weekends in which Defendant exercises custody over the minor child, from Monday at 4:30 p.m. until Tuesday morning at 8:00 a.m.; and, on alternating weekends, from Friday evening all 4:30 p.m. through Sunday at 4:30 p.m.. This schedule shall commence on Monday, August 5, 2002, with Plaintiff's first period of custody, beginning Wednesday, August 7, 2002. C. Two-Noninterrupted Weeks/Summer As the child is not yet enrolled in school, in addition to the schedule set forth above, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody during 'the calendar year with thirty (30) days notice provided to the non-custodial parent. Each parent agrees to coincide his/her uninterrupted week of custody with his/her custodial weekend schedule. After the child is enrolled in school, each parent shall be entitled to exercise two (2) non-cunsecutive, uninterrupted weeks of physical custody, during the summer months. D. _Holidays. Holiday Schedules shall supercede other schedules. The holidays shall be divided as follows: Plaintiff shall be entitled to visitation on Father's Day from 10:00 a.m. until 7:00 p.m.; a.m. until 7:00 p.m.; Defendant shall be entitled to visitation on Mother's Day from 10:00 3. The holidays of New Year' s Day, ]Easter, Memorial Day, Independence Day, and Labor Day, shall be celebrated with the parent exerc:ising physical custody of the minor child, in accordance with the provisions set forth in Paragraph Two, Subparagraph B, above. 4. The holidays of Thanksgiving sad Christmas shall be alternated between the parties as follows: a. Defendant is entitled to exercise custody over the minor child on Thanksgiving in all even numbered years and Plalntiffis entitle~t to exercise physical custody over the minor child on Thanksgiving in all odd numbered years. The Thanksgiving holiday shall commence at 4:30 p.m. on the evening preceding the holiday, and end at 4:30 p.m. on the day following the holiday. b. Defendant shall exercise physical custody over the minor child on Christmas Eve from 4:30 p.m. until Christmas Day at 2:00 p.m. :['or the calendar years of 2002 and 2003. Plaintiff shall exercise physical custody over the minor child on Christmas Day at 2:00 p.m. until December 27a at 4:30 p.m. for the calendar years of 2002 and 2003. During the calendar year of 2004, and all years subsequent, Plalntiffis entitled to exercise phy:dcal custody over the minor child on Christmas in all even numbered years, from 4:30 p.m. on Clxfistmas Eve, until 2:00 p.m. on Christmas Day. In all odd numbered years, Plaintiffwill exercise physical custody f~om 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 27t~. Defendant is entitled to exercise physical custody over the minor child on Christmas in all odd numbered years, from 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all even numbered years, Defendant will exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 27~. E. Any additional periods of partial physical custody which the parties may agree upon. 3. In the event either party will be out of town for a period of 48 hours or more with the child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 4. The non-custodial parent shall be entitled to reasonable telephone contact with the child when in the custody of the custodial parent. 5. Both parties shall establish a no-conflict zone for the child and refrain from making derogato~ comments about the other parent in the presence of the child and to the extend possible shall prevent third parties from making such comments in the presence of the child. 6. Both parties agree to promote continuing access to, themselves and each other for the child and to cooperate in eveq~ manner with one another so as not to estrange the ch/Id from the other parent or to disrupt the relationship which each now enjoys with the child. 7. The parties shall keep each other informed of their respective current addresses and telephone numbers. 8. The parents shall communicate directly with one another concerning any parenting issue regarding consultation and agreement and regarding any proposed modifications to the physical custody schedule, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child and proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. The parties shall confirm agreements to temporary modify the schedule in writing, which mayinclude emall. Agreements to modify the schedule on .an ongoing basis shall be formulated in a signed writing. 9. Transportation shall be shared equally between the parties, with the party beginning their period of physical custody picking up the child. All custody transfers shall take place "curbside," meaning that the child shall be brought to the automobile of the parent accepting physical custody at the appropriate time. BY THE COURT: BRADLEY K. PATE, Plaintiff CYNTHIA J. PATE, Defendant : IN T1]E~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1881 : CIVIL ACTION- LAW : IN CUSTODY STIPULATION FOR CUSTODY~ WHEREAS, Plaintiff, Bradley K. Pate, and Defendant, Cynthia J. Pate, are the parents of one minor child, to wit: Keith Brendan Pate, born June 3, 1999; WHEREAS, the parties are living separate and apart; WI~,REAS, the Plaintiffand Defendant, after careful consideration and the opportunity for the advice and assistance of counsel, have reached an agreement to provide for the custody of this child without the need to litigate the matter before this Honorable Court; WI~F~REAS, it is the belief of the Plaintiff and Defendant that the agreement reached herein provides for the best interest of this child; NOW THEREFORE, intending to be legally bound, the parties agree as follows: 1. ~ Plaintitt~ BradleyK. Pate, and Defendant, Cynthia J. Pate, shall have shared legal custody of their son, Keith Brendan Pate, born June 3, 1999. Each parent shall have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions affecting the child's health, education, and religion. Pursuant to the terms ofPa. C.S. §5309, each parent shall be entitled to all records, including, but not limited to, school and medical records and information, the residence address of the child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies there, with the other parent within such reasonable time as to make the reports and information of reasonable use to the other parent. 2. ~ Defendant, Cynthia J. Pate, shall have primary physical custody of the minor child. Plaintiff, Bradley K. Pate, shall have periods of partial physical custody of the minor child, on the following schedule: A. Prior to August 5, 2002: every Tuesday, overnight, from 4:30 p.m. until Wednesday morning at 8:00 a.m.; every Thursday, overnight, from 4:30 p.m. until Friday morning at 8:00 a.m.; and, on alternating weekends, fi.om Thursday at 4:30 p.m. through Saturday at 4:30 p.m. This schedule shall commence on Tuesday, June 25, 2002, with Plaintiffexercising his first Tuesday, overnight period. B. After August 5, 2002: every Wednesday', overnight, from 4:30 p.m. until Thursday morning at 8:00 a.m.; alternating Mondays, overnight, fbllowing those weekends in which Defendant exercises custody over the minor child, from Monday at 4:30 p.m. until Tuesday morning at 8:00 a.m.; and, on alternating weekends, fi.om Friday evening at 4:30 p.m. through Sunday at 4:30 p.m.. This schedule shall commence on Monday, August 5, 20(}2, with Plaintiff's first period of custody beginning Wednesday, August 7, 2002. C. Two-Noninterrupted Weeks/Summer. As the child is not yet enrolled in school, in addition to the schedule set forth above, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody duffng the calendar year with thirty (30) days notice provided to the non-custodial parent. Each parent agrees to coincide his/her unimerrupted week of custody with his/her custodial weekend schedule. After the child is enrolled in school, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody, during the summer months. D. Holidays. Holiday Schedules shall supercede other scheduies. The holidays shall be divided as follows: Plaintiff shall be entitled to visitation on Father's Day fi'om 10:00 a.m. until 7:00p.m.; a.m. until 7:00 p.m.; Defendant shall be entitled to visitation on Mother's Day from 10:00 3. The holidays of'New Year's Day, Easter, Memorial Day, Independence Day, and Labor Day, shall be celebrated with the parent exercising physical custody of the minor child in accordance with the provisions set forth in Paragraph Two, Subparagraph B, above. 4. The holidays of Thanksgiving and Christmas shall be alternated between the parties as follows: a. Defendant is entitled to exercise custody over the minor child on Thanksgiving in all even numbered years and Plalntiffis entitled to exercise physical custody over the minor child on Thanksgiving in all odd numbered years. The Thanksgiving holiday shall commence at 4:30 p.m. on the evening preceding the holiday, and end at 4:30 p.m. on the day following the holiday. b. Defendant shall exemise physical custody over the minor child on Christmas Eve fi.om 4:30 p.m. until Christmas Day at 2:00 p.m. for the calendar years of 2002 and 2003. Plaintiffshall exercise physical custody over the minor child on Christmas Day at 2:00 p.m. until December 27~ at 4:30 p.m. for the calendar years of 2002 and 2003. During the calendar year of 2004, and all years subsequent, Plaintiffis entitled to exercise physical custody over the minor child on Christmas in all even numbered years, fi.om 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all odd numbered years, Plaintiffwill exercise; physical custody fi.om 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 27~. Defendant is ,entitled to exercise physical custody over the minor child on Christmas in all odd numbered years, fi.om 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all even numbered years, Defendant will exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December' 27~. E. Any additional periods of partial physical custody which the parties may agree upon. 3. In the event either party will be out of town for a period of 48 hours or more with the child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 4. The non-custodial parent shall be entitled to reasonable telephone contact with the child when in the custody of the custodial parent. 5. Both parties shall establish a no-conflict zone for the child and refi.ain fi.om making derogatory comments about the other parent in the presence of the child and to the extend possible shall prevent third parties fi.om making such comments in the presence of the child. 6. Both parties agree to promote continuing access to themselves and each other for the child and to cooperate in every manner with one another so as not to estrange the child from the other parent or to disrupt the relationship which each now enjoys with the child. 7. The parties shall keep each other informed of their respective current addresses and telephone numbers. 8. The parents shall communicate directly with one another concerning any parenting issue regarding consultation and agreement and regarding any proposed modifications to the physical custody schedule, and shall specifically not use the child as a mesmnger. Furthermore, neither parent shall discuss with the child and proposed changes to the physical ,mstody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parem. The parties shall confirm agreements to temporary modify the schedule in writing, which may include email. Agreements to modi~, the schedule on an ongoing basis shall be formulated in a signed writing. 9. Transportation shall be shared equally between the parties, with the party beginning their period of physical custody picking up the child. All custody transfers shall take place "curbside," meaning that the child shall be brought to the automobile of the parent accepting physical custody at the appropriate time. 10. Plaintiff is represented by Cara A. Boyanowski, Esquire. Defendant is represented by Sandra L. Meilton, Esquire. All parties have been informed of the purpose of this Agreement and its legal effects and consequences. 11. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof prior to signing below. The parties agree that this Stipulation be made into an Order of Court which may be modified by mutual agreement. In the absence of mutual agreement, the terms of the Order shall control pending further Order of Court. IN WITNESS WitEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on this [~'7~4 day of ~l~l)~.~ I~Y~I~.~ ~. il. ~) ,2002. WITNESS: Cara A. Boyanow~ld, Esquire Counsel for Plaintiff S~dra L. Meilton, Est~uire Counsel for Defendant