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HomeMy WebLinkAbout03-2280 MICHAEL LEROY FAILOR, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. 03- .,2;J.f't) ~ -r~ KRISTINA LEA FARNER, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael Leroy Failor, Jr., who currently resides at 967 B West Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Kristina Lea Farner, who currently resides at 655 Green Springs Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Kiara Lea Failor Date of Birth: September 17, 1999 Address: 967 B West Old York Road . Carlisle, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Kristina Lea Farner, who currently resides at 655 Green Springs Road, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: 3 Name Address Date Kristina Farner 655 Green Springs Rd. May 9, 2003 to present Newville, PA Michael Failor,] r. 967 B West Old York Rd. April 26, 2003 to May 9, Carlisle, P A 2003 Michael Failor, Jr. and 967 B West Old York Rd. Birth to April 26, 2003 Kristina Farner Carlisle, P A 7. The mother of the child is Kristina Farner, who currently resides at 655 Green Springs Road, Newville, Pennsylvania. 8. Mother of the child, Kristina Farner, is not married. 9. The father of the child Michael Leroy Failor,]r., who currently resides at 967 B West Old York Road, Carlisle, Pennsylvania. 10. Father of the child, Michael Leroy Failor,]r., is not married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Defendant currently resides with the following persons: Wanda Shoap, Defendant's mother Paul Shoap, Defendant's stepfather Brent Farner, Defendant's brother, age 23 4 14. The Plaintiff has participated as a party or witness, or ill another capacity, in other litigation concerning the custody of the child in the Court of Common Pleas, Docket No. 03-2188, Civil Term, In Protection from Abuse. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor child since her birth. He has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; 111. Purchased, cleaned and cared for the child's clothing; 1V. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; Vl. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. 5 b. The child has a psychological bond with the Father. c. Father is able to provide a stable environment for the child. d. Father has child covered under his health insurance. e. Father has child enrolled in extra-curricular activities. f. When the Mother left the home, on April 26, 2003, she did not attempt to take or ask to take the minor child with her. g. The Mother has only requested one period of visitation with the minor child since leaving on April 26, 2003. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court award primary physical custody of the child to the Plaintiff/Father. Respectfully submitted, ABOM & KUTULAKlS, L.L.P. DATE 5/ I JJ/03 I , b~~~~ ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 6 VERIFICATION I, MICHAEL FAILOR, JR., verify that the statements made in this Divorce Complaint 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 .5 - \ d-O~ 11ll} 1?1 n. , MICHAEL FAILOR, JR. 8 CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kristina Lea Pamer 655 Green Springs Road Newville, PA 17241 Respectfully submitted, Abom & Kutulakis, L.L.P. Rhonda D. Rudy 8 South Hanover Street, Suite Carlisle, P A 17013 (717) 249-0900 7 0 c -- . ~ ~ .' J\ ( , (, .- ~~ ...- .- t:J - - .I(;,.. ~ w - ...... \\ - J tI 0 ..J , <' ~ .J 7. The PF A did not allege any abuse against the subject minor child nor is the child listed as a protected person. 8. The PF A awarded Respondent custody of the minor child. 9. Custody of the subject minor child should not have been changed under the allegations listed in the PF A. WHEREFORE, the Plaintiff requests that this Court schedule a Hearing and award custody of the minor child to the Petitioner. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE OS[uJDS {~W,~6t- Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 3 VERIFICATION I, MICHAEL FAILOR, JR., verify that the statements made in this Petition for Special Relief 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 6-/;} -03 ~d-~ MICHAEL FAILOR, JR. 4 CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kristina Lea Farner 655 Green Springs Road Newville, PA 17241 Respectfully submitted, Abom & KutuJakis, L.L.P. Rhonda D. Rudy 8 South Hanover Street, Sill e 204 Carlisle, P A 17013 (717) 249-0900 4 ~ ~ ~~l ~ ~ ~\ : w ~ : f' ~ ....J ~~ t-, 0 -."... , ... I r- - l .- -\ I ..- -. .- \ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. o})' :l;2 fo MICHAEL LEROY FAILOR, JR., Plaintiff KRISTINA LEA FARNER, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF 1. The Petitioner is Michael Leroy Failor, Jr., who currently resides at 967 B West Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Kristina Lea Farner, who currently resides at 655 Green Springs Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Kiara Lea Failor, born September 17, 1999, who currently resides with the Petitioner at 967 B West Old York Road, Carlisle, Pennsylvania 4. The Petitioner has had custody of the subject minor child since the child's birth. 5. When the Respondent left the home on April 26, 2003 she did not take the child with her nor did she request custody of the minor child. 6. On Friday, May 9, 2003, the Petitioner was served with a Protection from Abuse Petition, in the Court of Common Pleas, Cumberland County, Pennsylvania, docket number 03-2188 Civil Term. 2 7. The PF A did not allege any abuse against the subject minor child nor is the child listed as a protected person. 8. The PF A awarded Respondent custody of the minor child. 9. Custody of the subject minor child should not have been changed under the allegations listed in the PF A. WHEREFORE, the Plaintiff requests that this Court schedule a Hearing and award custody of the minor child to the Petitioner. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE 05 [uJ Ds JkM. ~6t~ Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 3 '. I' VERIFICATION I, MICHAEL FAILOR, JR., verify that the statements made in this Petition for Special Relief 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 6-/;} -03 ~d-~. MICHAEL FAILOR,JR. 4 CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kristina Lea Farner 655 Green Springs Road Newville, PA 17241 Respectfully submitted, Abom & KutuJakis, L.L.P. Rhonda D. Rudy 8 South Hanover Street, Sill e 204 Carlisle, P A 17013 (717) 249-0900 4 ~ Sb ~~ l ~ - w ~ w : -...) .-J \ " ~ ....J q ~ -("1 f~". 6'11" --7 " ~1} ~..,r ~'" ~:(~: > . y~ (~_.. -:':\ ,- .-- C:J ( :- - _:'... ,- "2.<'1 -"""~ 1-,,-' "'"10 r:- ,. " o -:\ ,~ "1" (-) _ ri. "--!, _0 -<: v, IN THE COURT OF CONIMON PLEAS CUMBERLAND COUNTY, PA NO. ()~ - );2. go NIICHAEL LEROY FAILOR,]R., Plaintiff KRISTINA LEA FARNER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this / 5~day of h1 A Y ,2003, upon consideration of ~k DE1JiGO. 7M.~~ ~ the attached Petition for Special Relief, ." I klli~ iJ J~heth:HQa for . - J - J. L J ~~ ~ ~W ~ ~ rt-.~ Of PFA .J ~ ~........ 1 ~ .- . ~ ' L.VUj, at M., in Courtroom No. uf the c..: ~ · ~111bc:.d'Uld Cuunry \"'ourthouse, Larlls1e, PennsylVama, -, J. tapi-~ 1f\ RKS 0.5- )5- 63 V!I\!V/\~ASNr'~3d " f~'1 .-."'I^,lnt"'\ ' "!.rj/~I v S VJ:5 U I~ I A VW SO :10 MICHAEL LEROY FAILOR, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2280 CIVIL ACTION LAW KRISTINA LEA FARNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 17, 2003 at 8:30 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 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. 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 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . '1r/~ f? ~~~ fJ7-?/-..> ~ ~~~~ EY?'?/.r L- .~ r.~ ~. 4.w. rw W?/y '\ VfMl;'!iI (C", /' I'" '_t,. Ir...,....~.~.., \ ;/',......,/\1\-1_1 I\.LI\J It '''-'.'. ., .,..... ,~_,t.." '.,-" "c:]~,...ln'"' '.'; ~ '0 . t I 'C" f . 'y I'd Qj il"'i1"'" '. M" 1\ ~"V' ;:.U " " Ad\/ic.'i -frj '~J.-, 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. 2 Name Address Date Kristina Farner 655 Green Springs Rd. May 9, 2003 to present Newville, P A Michael Failor, Jr. 967 B West Old York Rd. April 26, 2003 to May 9, Carlisle, P A 2003 Michael Failor, Jr. and 967 B West Old York Rd. Birth to April 26, 2003 Kristina Farner Carlisle, P A 7. The mother of the child is Kristina Farner, who currently resides at 655 Green Springs Road, Newville, Pennsylvania. 8. Mother of the child, Kristina Farner, is not married. 9. The father of the child Michael Leroy Failor, Jr., who currently resides at 967 B West Old York Road, Carlisle, Pennsylvania. 10. Father of the child, Michael Leroy Failor, Jr., is not married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Defendant currently resides with the following persons: Wanda Shoap, Defendant's mother Paul Shoap, Defendant's stepfather Brent Farner, Defendant's brother, age 23 4 14. The Plaintiff has participated as a party or witness, or 10 another capacity, in other litigation concerning the custody of the child in the Court of Common Pleas, Docket No. 03-2188, Civil Term, In Protection from Abuse. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor child since her birth. He has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; ill. Purchased, cleaned and cared for the child's clothing; lV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; Vl. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. 5 b. The child has a psychological bond with the Father. c. Father is able to provide a stable environment for the child. d. Father has child covered under his health insurance. e. Father has child enrolled in extra-curricular activities. f. When the Mother left the home, on April 26, 2003, she did not attempt to take or ask to take the minor child with her. g. The Mother has only requested one period of visitation with the minor child since leaving on April 26, 2003. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court award primary physical custody of the child to the Plaintiff/Father. Respectfully submitted, MOM & KUTULAxIS, L.L.P. DATE 51 I ~I 03 1 , b~rty~ ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PAl 7013 (717) 249-0900 Attorney for Plaintiff 6 VERIFICATION I, MICHAEL FAILOR, JR., verify that the statements made in this Divorce Complaint 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 S - \ d~O~ 771.kJ I d ~. MICHAEL FAILOR,JR. 8 CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kristina Lea Farner 655 Green Springs Road Newville, PA 17241 Respectfully submitted, Abom & KutuJakis, L.L.P. Rhonda D. Rudy 8 South Hanover Street, Suite Carlisle, P A 17013 (717) 249-0900 7 ~ ~ ~~ J\ -- .I(;,.. ~ w - ...... ~ - J 0 0 ..J , <' ~ .J ~ 0 ,"-'" c ...........' '--' S --n --.-- -0 I.~;. I rn r I , .--- ~ ,~ .- /"- ." U: r<j -' -. \> .' "j - . ...f7~ C' /;,~ j.. (-:- ' , j .' C ..- , n 7~ . ::;-~ _.~.t ~.J -.::. c:> -< Michael Leroy Failor, Jr. Plaintiff : In the Court of Common Pleas of : Cumberland County, Pennsylvania vs. Kristina Lea Farner : No. 03-2280 Civil Term Defendant : Custody TEMPOl\tfy CUSTODY ORDER AND NOW, thi:1l day of May, 2003, the following Temporary Custody Order is entered after hearing with regard to custody of the parties' child, Kiara Lea Failor, DOB September 17, 1999: 1. Defendant, Kristina Lea Farner, hereinafter referred to as the mother, and Plaintiff, Michael Leroy Failor, Jr., hereinafter referred to as the father, shall share legal custody. 2. The mother shall have primary physical custody. 2. The father shall have partial physical custody of the child according to the following schedule: a. Alternate weekends beginning May 24,2003, from Saturday at 10:15 a.m. until Sunday at 6:00 p.m.; b. Every Wednesday from 4:30 p.m. until 8:30 p.m., and c. Other times mutually agreed upon by the mother and father. 3. The mother and father, by mutual agreement, may vary from this schedule at any time, but absent such an agreement, this Custody Order shall remain in effect until further Order of Court. 4. The mother and father shall notify each other immediately of medical emergencies that may arise while the child is in that parent's care. VINVi\1/,SNN3d I '\'r,~,-, I\J~i ',I '_ ,I i1/:111!d 12/,'111S0 - 5. The mother and father are enjoined from doing anything that may estrange the child from the other parent, or injure the opinion of the child as to the other parent or that may hamper the free and natural development of the child's love or respect for the other parent. By the Court, Kara W. Haggerty Attorney for Plaintiff Abom & Kutulakis 8 South Hanover Street, Suite 204 CarlislePA 17013 . (Ylad(!.d 5' 2 {-(Y3 CO py Joan Carey Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle PA 17013 ~Py ~O/l.A "y gVV(f) JUN 0 e 2~~3 ~ MICHAEL LEROY FAILOR, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2280 CIVIL TERM KRISTINA LEA FARNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ANDNOW,this~dayof ~~ ,2003,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated May 21, 2003 is hereby vacated. 2 The Father, Michael Leroy Failor, Jr. and the Mother, Kristina Lea Farner, shall have shared legal custody of Kiara Lea Failor, born September 17, 1999. Each parent shall have an equal right, to be exercised jointly 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 regarding her health, education and religion. 2. The parties shall have shared physical custody with Mother having at least 51 % of the time with the Child. Mother shall have such additional times as the parties agree. 3. Beginning June 8, 2003 the parties shall have physical custody ofthe Child on a week on/week off basis with the exchange day and time being Sunday at 5:00 p.m. Mother shall have the first week. 4. In the event that either party is in need of a babysitter for longer than three (3) hours while the Child is in their custody, the custodial parent shall offer said time to the non-custodial parent in a timely manner so that the non-custodial parent can accept the additional time. Due to Father's work schedule and Mother's current unemployment status, it is anticipated that Mother will care for the Child every day during Father's week. Mother shall pick up the Child by 10:00 a.m. on said days. The Child will be available for Father to pick up on said days by 4:00 p.m. 5. Father shall have physical custody of the Child on Father's Day. Mother shall have physical custody of the Child on Mother's Day, both at times as agreed by the parties. 6. The Christmas holiday shall be divided into two blocks. Block A shall be from Christmas Eve at 9:00 a.m. to Christmas Day at 9:00 a.m. Block B shall be from Christmas Day at 9:00 a.m. to December 26 at 9:00 a.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. In addition hereto, Mother shall always have the Child on Christmas from 2:00 p.m. to 6:00 p.m. 7. The parties shall share the following holidays: Thanksgiving, New Year's Day and Easter with Father always having the Child from 10:00 a.m. to 2:00 p.m. and Mother having the Child from 2:00 p.m. to 6:00 p.m. 8. birthday. Each party is guaranteed at least 2 hours with the Child on the Child's 9. Notwithstanding the transportation designated in the Paragraph 4 above, transportation shall be shared such that the returning party shall transport unless otherwise agreed by the parties. 10. Neither party shall do, nor permit any third party to do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development ofthe Child's love or affection for the other party. II. Neither party shall drink to the point of intoxication immediately before or during their periods of custody. Under no circumstances will either party transport the Child while under the influence of drugs or alcohoL 12. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the Child and shall further take any necessary steps to ensure that the health and well being of the Child is protected. During such illness or medical emergency, each party shall have the right to visit the Child as often as he/she deems consistent with the proper medical care of the Child. 13. Neither party may remove the Child from the Commonwealth of Pennsylvania without first advising the other party of an address and telephone number where the Child may be contacted. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL Another Conciliation Conference is scheduled for September 8, 2003 at 9:30 a.m. // BY THE-COU~ /. ,t/ ",--- ~/ cc/~aggerty, Esquire, Counsel for Father JOan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother J:;s;. ~5 ^ . ():> 01" ..Iu >- 0 I i:: 0::- C. ~'1:' .~ 1-. 0:) '5 U.f ~-:. .'~ %' (,) c ~ CL ...>..,. , L ,- we: :) 2i ("-, ..1 >- , C) ',:sr~'} Cj i t..:Ji.'-. - ~- ,',,~ -=._J ~>y ~n(t ~, :::.., (no... -) ~ '-L. c.-, :::> 0 D 0 MICHAEL LEROY FAILOR, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : 2003-2280 CIVIL TERM KRISTINA LEA FARNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kiara Lea Failor September 17, 1999 Mother 2. A Conciliation Conference was held in this matter on June 5, 2003, with the following individuals in attendance: The Father, Michael Leroy Failor, Jr., with his counsel, Kara Haggerty, Esquire and the Mother, Kristina Lea Farner, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The Honorable George E. Hoffer entered a Temporary Custody Order dated May 21, 2003 providing for shared legal custody, primary physical custody with Mother and Father having alternating weekends and one evening per week. 4. The parties agreed to the entry of an Order in the form as attached. (., - fro -D 3 Date Jq'Ji::ir~~ ~b Custody Conciliator OCT 3 0 2003 ~ MICHAEL LEROY FAILOR, JR,,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2003-2280 CIVIL TERM KRISTINA LEf\. FARNER, ~fendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NO ,this Jt, day of O~, 2003, upon consideration of he attached Custody Conciliation Report, it is ordered and directed as follows: 1. T e prior Order of Court dated June 9, 2003 shall remain in full force and effect with the fo lowing additional provision: 2. A y person transporting the Child shall have a valid driver's license. 3. T is Order is entered pursuant to an agreement of the parties at a Custody Conciliation Con erence. The parties may modifY the provisions of this Order by mutual consent. In the a sence of mutual consent, the terms of this Order shall controL -- J. cc~a Haggerty Esquire, Counsel for Father ....J6an Carey, Es uire, Mid Penn Legal Services, Counsel for Mother r~~ J L--\' \~--t-~ i\' \D'" i!;. d. r:;: U;(;, 9t~' tl-:( 6\--' IU 01;\' ~c~: ,-,--\ :;> \:5 c<') IS"' 8:> ~ ;<:<: -- c<') tz:; o g ~ ?A '")-. ;:)~ -;;;:\ ~z: )~ ,)~ '1.-. ;"l'!~ ~.o,... ~ u' MICHAEL LEROY FAILOR, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ! ! V.l KRISTINA LE~ FARNER, Dfendant , , : 2003-2280 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J, USTODY CONCILIATION SUMMARY REPORT L T e pertinent information concerning the Child who is the subject of this litigation is as fol ows: IN ACC RDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1 15.3-8, the undersigned Custody Conciliator submits the following report: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kiara Lea Failor September 17, 1999 shared 2. A Conciliation Conference was held in this matter on October 29, 2003, with the followi individuals in attendance: The Father, Michael Leroy Failor, Jr., with his counsel, Kar Haggerty, Esquire and the Mother, Kristina Lea Farner, with her counsel, Joan C ey, Esquire, Mid Penn Legal Services. 3. T e Honorable Edgar B. Bayley entered an Order of Court dated June 9, 2003 providing fi r shared legal and physical custody. 4. he parties agreed to the entry of an Order in the form as attached. Iv, 3u'o 3 Date ;l~_ j~!k. tl ~. Verney, ESqU~ Custody Conciliator MICHAEL LEROY FAILOR, JR, . IN THE COURT OF COMMON PLEAS OF Plaintiffi'Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . NO, 2003 .2280 CIVIL TERM KRISTINA LEA FARNER, . CIVIL ACTION - LAW Defendant/Petitioner . IN CUSTODY PETITION TO MODIFY CUSTODY ORDER NOW COMES, Defendant/Petitioner, Kristina L. Farner (hereinafter "Mother"), by and through her attorney, Megan Malone, Esquire, and respectfully states the following. I, Mother is Kristina L. Farner, an adult individual cun-ently residing at 655 Greenspring Road, Newville, PA 17241. 2, Father is Michael L. Failor, Jr., an adult individual currently residing at 967 B. West Old York Road, Carlisle, PA 17013. 3, Mother and Father are the natural parents of one child, Kiara L. Failor, born September 17, 1999. The child currently resides equally with Mother at her aforementioned address, and with Father at his aforementioned address. 4. On June 9, 2003 this Honorable Court entered the Order directing for shared physical custody with each parent having the child for a period of one week, to begin Sunday at 5.00 p,m. (See attached "Exhibit A"), 5. Modification of the prior Court Order is warranted because. A At this time, Mother and Father live in different school districts, The child is school age and scheduled to begin kindergarten in the fall of2005. B. The child should now live primarily with Mother in order to attend school during the week and have a primary home, Father should have, partial physical custody of the child every other weekend and one night during the week for a period of four hours, C. The child will benefit from Mother having primary physical custody as Mother is in a stable home and relationship, While in Mother's home, the child has her own bedroom. Father has been in a number of relationships since the parties' separation, While in Father's home, the child shares a bedroom with her half sister. 6, Each parent whose parental rights to the child have not been terminated has been named as a party to this action, WHEREFORE, the DefendantIPetitioner requests that this Court award primary physical custody of the child to Mother, with Father having partial physical custody every other weekend and one evening during the week for a period of four hours Respectfillly submitted, Date: J.jll-lltiS . M!!~~ tfuku ill No, 92411 401 Weslt Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 Attorney for DefendantIPetitioner VERIFICATION I verifY that the statements made in this document 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.CS. Section 4904, relating to unsworn falsification to authorities, Date: J. - N -0 S- -1/. / J /~ktt, C{. Kristina Farner ':j. tfr./&ru.A- n ..l4. '.,-(1 ~ -p lr) \L t- O \ \() C> - - () ~ ~ C.? - C> -V {~~ ') }.J \ r \JS.' ~ ~ -L MICHAEL LEROY FAILOR, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 03-2280 CIVIL ACTION LA W KRISTINA LEA FARNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _..~ Wednesdar, Mar~!1_~20.!l~...~, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear bef(,re Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 05,2005 _______ at 10:30,,!\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 bc 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 penn anent 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 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verney, Esq. .Y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiJites Act of 1990. For in!()rmation about accessible facilities and reasonable accommodations available to disabled individuals having busincss bcfore 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 HA VE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ",Ikwp~ ~~~ /7 l~pJ/ / ~ fr' "'~' .cr ~ ~w, f/4'?' /;r-' """ f'l /r;I (j [' 5<7 dt _;;VLI. [ . ,-~ -' -~._-_._._-_._---_.__.._---------- -- 'I , '- RECEIVED APR 222005 If MICHAEL LEROY FAILOR, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2003-2280 CIVIL TERM KRISTINA LEA FARNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ay of consideration of the attached Custody Conciliation Report, 1 follows: , 2005, upon is ordered and directed as L The prior Orders of Court dated June 9, 2003 and October 31, 2003 are hereby vacated. 2 The Father, Michael Leroy Failor,lr. and the Mother, Kristina Lea Farner, shall have shared legal custody of Kiara Lea Failor, born September 17, 1999. Each parent shall have an equal right, to be exercised jointly 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 regarding her health, education and religion. This means all medical and educational information shall be provided to both parents. Beginning 2005- 2006 school year, Kiara shall be enrolled in the Carlisle School District. 3. The parties shall have shared physical custody of the child on a week on/week off basis with the exchange day and time being Sunday at 5:00 p.m. 4. In the event that either party is in need of a babysitter for longer than three (3) hours while the Child is in their custody, the custodial parent shall offer said time to the non-custodial parent in a timely manner so that the non-custodial parent can accept the additional time. 5. Father shall have physical custody of the Child on Father's Day. Mother shall have physical custody of the Child on Mother's Day, both from 9:00 a.m. to 5:00 p.m. 6. The Christmas holiday shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 7. The parties shall share the following holidays: Thanksgiving, New Year's Day and Easter with Father always having the Child from 10:00 a.m. to 2:00 p.m. and Mother having the Child from 2:00 p.m. to 6:00 p.m. 8. birthday. Each party is guaranteed at least 2 hours with the Child on the Child's 9. Transportation shall be shared such that the returning party shall transport unless otherwise agreed by the parties. 10. Neither party shall do, nor permit any third party to do or say anything that may estrange the Child from the other party, or injure the opinion ofthe Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 11. Neither party shall drink to the point of intoxication immediately before or during their periods of custody. Under no circumstances will either party transport the Child while under the influence of drugs or alcohoL 12. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the Child and shall further take any necessary steps to ensure that the health and well being of the Child is protected. During such illness or medical emergency, each party shall have the right to visit the Child as often as he/she deems consistent with the proper medical care of the Child. 13. Neither party may remove the Child from the Commonwealth of Pennsylvania without first advising the other party of an address and telephone number where the Child may be contacted. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL BY THE COU~/ ',-- & '- ---j~ cc~gan Malone, Esquire, Counsel for Mother t.e"arol J. Lindsay, Esquire, Counsel for Father I " ~<<~. C~/) ( r ~.ll:) " 1":/ , /0 09 o .,... Sk .... roO u. 1 ~.,,' ~t~S l)r:~ 10 pC'~ uJ ci: __JuJ u::.1S v- a Cf\ c:> 9 :lC .a:: (~ 73~';~ -. .,-~ ('oJ I ~ ~ ~ :::-;.~ >" I,f) ..... ".- ~ ~ c-J >C'.--; ~ ,c) U ---- MICHAEL LEROY FAILOR, JR,,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : 2003-2280 CIVIL TERM KRISTINA LEA FARNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kiara Lea Failor September 17, 1999 shared 2. A Conciliation Conference was held in this matter on April 21, 2005, with the following individuals in attendance: Mother, Kristina Lea Farner, with her counsel, Megan Malone, Esquire and Father, Michael Leroy Failor, Jr., with his counsel, Carol J. Lindsay, Esquire. 3. The Honorable Edgar B. Bayley entered Orders of Court dated June 9, 2003 and October 31, 2003 providing for shared legal and physical custody on a week on/week off basis. 4. The parties agreed to the entry of an Order in the form as attached. ...) -),;}.. D!:,- Date ~ '---f /ll. /,<-.".t;?i cq line M. Verney, Esquire Custody Conciliator