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HomeMy WebLinkAbout07-2777JbAN BYERS-FULLARD, Plaintiff v. MICHAEL WALLACE FULLARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ©7r ~7~77 G8/f ~ ~Ll~ CIVIL ACTION -LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and an Order may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHQNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 JOAN BYERS-FULLARD, Plaintiff v. MICHAEL WALLACE FULLARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ 7- a 7 7 7 ~.~.~( .~.--~• CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Joan Byers-Fullard, by and through her attorney, Mark A. Mateya, and respectfully represents: 1: The Plaintiff is the Mother, Joan Byers-Fullard, who presently resides at 534 Meadowcroft Circle Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. • The Defendant is the Father ,Michael Wallace Fullard, presently residing at 55 Nassau Lane, Sanford, NC 27332. 3. Plaintiff seeks custody of the following children: Name Corey Michael Fullard Present Residence 534 Meadowcroft Circle Mechanicsburg, Pa Missy Lynn Fullard 534 Meadowcroft Circle Mechanicsburg, Pa 4. The children were born in wedlock. 5. Mother and Father were divorced in June of 2001. Awe D/OB 10 July 19, 1996 9 September 5, 1997 6. The children are presently in the custody of Mother, Joan Byers-Fullard, who presently resides at 534 Meadowcroft Circle Mechanicsburg, Cumberland County, Pennsylvania 17055. 1 , 7. During the past five (5) years the children have resided with the following persons at the following addresses: a. From November of 2005 - to the present -With Plaintiff at 534 Meadowcroft Circle Mechanicsburg, Cumberland County, Pennsylvania 17055; b. From July of 2005 to November of 2005 -With Plaintiff and Maternal Grandparents James and Phyllis Byers at 523 Ridgeview Drive, Dillsburg, York County, Pennsylvania; c. From March of 2005 to July of 2005 -With Plaintiff at 202 Nottinghill Walk, Apex, Wake County, North Carolina 27502; d. From November of 2004 to March of 2005 -With Plaintiff at 401 Stoney Run Road, Dillsburg, York County, Pennsylvania 17019; e. From March of 2004 to November of 2004 -With Plaintiff at 207 Forest Run Place, Carey, Wake County, North Carolina 27511; f. From March of 2002 to March of 2004 -With Plaintiff at 1304 Climbing Rose Turn, Cary, Wake County, North Carolina 27511. 8. The .relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children. 9. The relationship of the Defendant to the children is that of natural father. 10. Father resided in Pennsylvania until the past sixty (60) days. 11. The Plaintiffhas not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court. -2- 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting a shared custody arrangement because: a. Plaintiff is the natural mother of the children; b. Plaintiff has been a primary caregiver of the children from the time of the children's birth to the present; c. Plaintiff is able to provide a stable home for the children. WHEREFORE, Plaintiffrequests this Honorable Court to schedule a custody conciliation at the Court's convenience. Respectfully submitted, Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: -3- VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiff s verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~• MARK A. MATEY SQUIRE Dated: ~ J C') N ~ .~ ~s ~ --J o -~ -~ ~ . _ ~ r- o E _nrn _, ~~ ~ ~ ~ y . -- ~ ~ f , -= ~ ~ ~ ~, ~ ~ , _ °o \ C~ :. ~ C7 , ~~ ~ ~~ td3 =-C JOAN BYERS-FULLARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~~ 07-2777 CIVIL ACTION LAW MICHAEL WALLACE-FULLARD 1N CUSTODY DEFENDANT ORDF.,R OF COURT .AND NOW, Wednesday, May 16, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 14, 2007 at 10:30 AM for aPre-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 ale 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/ Hubert X. Gilroy, Esg. ,/~ 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 THE OFFICE SET FORTl{ BELOW TO FIND OUT WNERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~,/~ ..w J 'A~i/ ~,0 GAS' ~,~•~ C~LI~S ~" ~r <:.:a , a..~ t14,1ti~ ..~~~ ~~~1~~~d1 i~.1 ' i r - JOAN BYERS-FULLARD, Plaintiff v MICHAEL WALLACE-FULLARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-2777 IN CUSTODY COURT ORDER 1 AND NOW, this ~ day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Joan Buyers-Fullard, and the father, Michael Wallace-Fullard, shall enjoy shared legal custody of Corey Michael Fullard, born July 19, 1996, and Missy Lynn Fullard, born September 5,1997. 2. The mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children at the times that the children are not in the custody of the mother. 4. For the upcoming Fourth of July holiday, father shall have custody of the minor children as agreed by the parties. 5. In the event father is dissatisfied with the amount of visitation he is provided with the children, father may petition this Court to have the case again scheduled with the Custody Conciliator for a conference. cc~Mark A. Mateya, Esquire ~chael Wallace-Fullard y F:\FII.ES\General~Currend12321\FLWrd v FuOard Report and Order BY THE COURT, _-- , - M ~ , 7 ,tll~~ ~ `~ "" '' ~`'~y~~l~ ~t~ =QI Wei ~~ Pfftt' LOS Jt~IQN~1~-ilt~d . ~U ~ ~~ . ~. ~uN ~ z zooza~ V JOAN BYERS-FULLARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW MICHAE>~WALLACE-FULLARD, NO. 07-2777 Defendant IN CUSTODY COURT ORDER AND NOW, this day of June, 2007, upon consideration of the attached Custody Conciliation report, it ordered and directed as follows: 1. The mother, Joan Buy s-Fullard, and the father, Michael Wallace-Fullard, shall enjoy shared legal custody of rey Michael Fullard, born July 19, 1996, and Missy Lynn Fullard, born September 5, 97. 2. The mother shall enjoy primary ph~ical custody of the minor children. 3. The Father shall enjoy periods of tempora physical custody of the minor children at the times that the children are not in the custody fthe-father: 4. For the upcoming Fourth of July holiday, father sha ave custody of the minor children as agreed by the parties. 5. In the event father is dissatisfied with the amount of visita 'on he is provided with the children, father may petition this Court to have the case again s eduled with the Custody Conciliator for a conference. BY THE COURT, Judge cc: Mark A. Mateya, Esquire •, Michael Wallace-Fullard F:\FQ.ES\General\CurtenN12321\FLllard v Fullard Report and Order s ~ ' r JOAN BYERS-FULLARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v MICHAEL WALLACE-FULLARD, Defendant CIVIL ACTION -LAW N0.07-2777 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corey Michael Fullard, born July 19,1996, and Missy Lynn Fullard, born September 5, 1997. 2. A Conciliation Conference was held on June 14, 2007, with the following individuals in attendance: The mother, Joan Buyers-Fullard, with her counsel, Mark A. Mateya, Esquire, and the father, Michael Wallace-Fullard, did not appear. Father was served and mother indicated that she spoke with the father on the phone prior to the Conciliation Conference and that father was not attending the Conference. 3. Father currently resides in North Carolina. He relocated to North Carolina approximately three or four months ago. Prior to that time, he lived in Pennsylvania and exercised visitation with the minor children. However, he has not seen the children since he moved to North Carolina. 4. The Conciliator recommends and an Order in the form as attached. DATE: June, 2007 ubert .Gilroy, Esquire Custo Conciliator