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HomeMy WebLinkAbout03-5034BRIDGET M. CLARK, Plaintiff V. CHAD FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY COMPLAINT FOR CUSTODY c: The plaintiff, Bridget M. Clark, by her attorneys, the Family Law Clinic, sets to the following cause of action in custody, requesting primary physical custody of her child, Sierra Lynn Clark. I. The plaintiff is Bridget M. Clark, residing at 7386 Wertzville Road, Carlisle,`< Cumberland County, Pennsylvania, 17013. The defendant is Chad Failor, residing at 503 Winding Hill Road, Shermansdale, Perry County, Pennsylvania, 17090. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Sierra Lynn Clark 7386 Wertzville Road, 2/7/00 Carlisle, Pennsylvania, 17013. The Child was born out of wedlock. The Child is presently in the custody of Bridget M. Clark, who resides at 7386 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, Child has resided with the following persons and at the following addresses: Persons Address Dates Bridget M. Clark Makayla Clark Lynda Clark Stephen Clark 7386 Wertzville Road, Carlisle, Pennsylvania, 17013. Birth - present The mother of the Child is Bridget M. Clark, hereinafter "Mother", currently residing at 7386 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, 17013. She is single. The father of the Child is, Chad Failor, hereinafter "Father", currently residing at 503 Winding Hill Road, Shermansdale, Perry County, Pennsylvania, 17090. He is single. 4. The relationship of the plaintiff to the child is that of mother. Mother resides with the following persons: Name Makayla Clark Relationship to Plaintiff Daughter Lynda & Parents Stephen Clark 5. The relationship of the defendant to the child is that of father. Father currently resides with the following persons: Name Stacy (Last Name Unknown) Relationship to Defendant Girlfriend 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother 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 children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff exercises parental duties and enjoys the love and affection of the child; c) Plaintiff is willing to accept custody of the child; d) Father did not express interest in having any contact with the child until April 2003, when the child was three years old. e) Father removed the child from the status quo by refusing to return the child to Mother on the morning of September 22, 2003, the agreed upon time for the child's return; f) Father has denied Mother access to the child since Sunday, September 21, 2003 when he refused to return the child to Mother's care and custody and refused to disclose the child's whereabouts to Mother; g) Mother has a family support system in place to assist in child's care; h) Child has formed an emotional bond with half sister, Makayla Clark, with whom she currently lives; i) Mother is better able to provide a home with adequate moral, emotional, and physical surroundings for the child, whose best interests would be served by an award of primary physical custody to the Mother; j) Mother is willing to allow frequent and continuing contact between Father and child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE-, Mother requests the court grant Primary Physical Custody Of Child, Sierra Lynn Clark, to Mother with Father having periods of partial physical custody. Date: 9 °Z'S I ?3 &AV_Mq? Christine M Olexa f Certified Legal Intern THMAS PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: 9- a3 - O-") Q Ct&L J Bridget M. Clark, Plaintiff % K`L-'7? Bridget M. Clark, IN THE COURT OF COMMON PLEAS OF G Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. Chad Failor, Defendant 03- No. 503q QvilTerm To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Bridget M. Clark, Plaintiff, to proceed in forma pauperis. I, Christine M. Olexa, Certified Legal Intern in the Family Law Clinic, attorneys for the party proceeding in forma pauperis, certify that I believe the parry is unable to pay the costs and that I am providing free legal service to the party. Date: C(1231 C3 c Christine .Olexa r'> Certified Legal Intern ?? RO ER INS THOMAS M. PLACE Supervising Attorneys ANNE MACDONALD-FOX Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 -?o (X SEP 2 3 2003 BRIDGET M. CLARK, : IN THE COURT' OF COMMON PLEAS OF Plaintiff/ Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW : IN CUSTODY CHAD FAILOR, Defendant/ Respondent : No. o3 - 5-0 3 It ? ¢ - PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 22nd day of September, 2003, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Bridget M. Clark, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Sierra Lynn Clark, born February 7, 2000. In support of her Petition for Special Relief, Petitioner avers as follows: The petitioner is Bridget M. Clark, an adult individual who currently resides at 7386 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 3 4. 5. 6. The respondent is Chad Failor, an adult individual who resides at 503 Winding Hill Road, Shermansdale, Perry County, Pennsylvania 17090. The petitioner is the biological mother (hereinafter "Mother") of the three-year-old minor child, Sierra Lynn Clark, born February 7, 2000 (hereinafter "Sierra"). The respondent is the biological father (hereinafter "Father") of Sierra. The child was born out of wedlock. Mother has been the primary caretaker of Sierra since her birth, having done most of the changing of diapers, bathing, dressing, and feeding of Sierra. 7. Father did not express any interest in having contact with Sierra until April 2003, when the child was three years old. 8. In April 2003, Mother and Father made an oral agreement allowing Father to have partial physical custody of Siena from Friday evenings at four o'clock p.m. until Monday mornings at seven-thirty a.m., every weekend. Father was to provide transportation for his periods of custody. 9. On Friday, September 19, 2003, Father picked Siena up as usual. 10. On Sunday, September 21, 2003, Father telephoned Mother and informed Mother that he would not be returning Siena to her on Monday morning, because he intends to obtain primary physical custody of Siena. Father also informed. Mother that Father would be taking a leave of absence from work and that she would not be able to locate him or Siena. 11. On Monday, September 22, 2003, Mother went to Father's residence to seek the return of the child. There was no one home. 12. Mother also spoke with Father's neighbor, the child's babysitter, who informed her that she had not seen Father, Siena, or Father's live-in girlfriend Stacy, since Sunday, September 21, 2003. 13. On Monday, September 22, 2003, Mother telephoned Father's place of employment and learned that Father had reported to work that day. 14. Mother has not seen or spoken with Father since Sunday, September 21, 2003. 15. Mother is unaware of Sierra's whereabouts and does not know who is caring for Siena at this time. 16. Father disrupted the status quo and breached the parties' agreement by refusing to return Sierra to Mother's care and by refusing to disclose Sierra's whereabouts to Mother. 17. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 18. Mother believes and therefore avers that it is in the best interests of the minor child that Mother be granted temporary legal and temporary sole physical custody of Sierra, pending further Order of Court. WHEREFORE, the petitioner, Bridget M. Clark, respectfully requests that this Honorable Court restore the status quo by entering an Order against the respondent, Chad Failor, by granting Petitioner temporary legal and physical custody of Sierra, by ordering Respondent to return Sierra immediately to Petitioner, by providing that the Sheriff serve the Order on Respondent and effectuate the immediate return of the child, and by setting this matter for hearing. Respectfully submitted, 912,31,03 Date - C"dh?z:ak C Christine M. Olexa Certified Legal Intern RO ER INS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §49024, relating to unworn falsification to authorities. Date: Bridget M. lark, Petitioner r??, ?:. , ? _' n rn ??:; ,.? c ' ? ` ?I I 1 '? ? -y - . i,? 1 _ J _ W ? Ll 0 SEP 2 3 2003 ` BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/ Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHAD FAILOR, Defendant/ Respondent No. U3 -5-0 3v ORDER OF COURT AND NOW, this 22nd day of September, 2003, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. The petitioner, Bridget M. Clark, shall have temporary legal and physical custody of her minor child, Sierra Lynn Clark, born February 7, 2000, until further Order of Court. 2. The respondent, Chad Failor, shall immediately return Sierra Lynn Clark to Bridget M. Clark's care and custody. 3. The Cumberland County Sheriff shall assist and if necessary deputize the sheriff of another county to serve this Order on respondent and effectuate the immediate return of Sierra Lynn Clark to petitioner. ?'yy 4. A hearing regarding this Petition for Special Relief is hereby scheduled for the aqr` day of , 2003 at 3.?e O o'clock _eM in Courtroom Number J Cumberland County Courthouse, Carlisle, Pennsylvania 1.7013, at which time the parties along with their legal counsel shall appear in person. J. i ? ? ? ;a?yr 'I )d ?,? ? ?Y?Cr-! ti 4 ! .l ? 4 ? ?y 4 J , _.,iJ' ?? BRIDGET M. CLARK IN "THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD FAILOR 03-5034 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 25, 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, October 28, 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/ jacquelineM Verne, 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 Itv ?nta?N VVN: v \o gZ d?S os -Z f?+L?"3??'??r{1? BRIDGET M. CLARK, Plaintiff/Petitioner V. CHAD FAILOR Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 03-5034 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of September, 2003, after conference with the parties, we enter the following Temporary Custody order pending conciliation and full hearing on the merits: 1. The parties shall have joint legal custody of their child, Sierra Lynn Clark. 2. Mother shall have primary physical custody of the child, subject to periods of partial custody in the Father as follows: A. Each weekend from Friday at 4:30 p.m. until Monday morning at 8:30 a.m. B. On his day off work during the week upon giving Mother advance notice. 3. At such other times as the parties may agree. This Order shall in no way reflect the opinion of this Court as to the appropriate Order to be entered after conciliation or after full hearj_j; ?e merits. Court, Christine Olexa, Intern Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff/Petitioner srs Richard C. Rupp, Esquire For the Defendant/Respondent 2?? mtia-<.Ld io-d-03 VINWORSNN]d BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : CUSTODYNISITATION CHAD FAILOR, Defendant : No. 03-5034 CIVIL TERM CERTIFICATE OF SERVICE I, Christine M. Olexa, a competent adult, hereby certify that I served a true and correct copy of the Complaint for Custody on Chad Failor, Defendant, by personally handing the documents to him in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service was also witnessed by Defendant's attorney, Richard C. Rupp. Service was complete upon receipt by Chad Failor on the 29" day of September, 2003 at two fifty-five p.m. I© 3 ©3 Date Christine M. Olexa Certified Legal Intern ? T G Q ? mrr ?-t '- U? rte. - E3 z?5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK BRIDGET M VS FAILOR CHAD R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDENT , to wit: FAILOR CHAD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within ORDER AND PETITION On October 9th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 .00 25.00 00/00/0000 FL Sworn and subscribed to before me this /-I 1P day ofp C) v7713 A..DD D. \ de.cy. _ lam, /d'L(X-Ciao ??y.? Prothonotafy' / So answers- > J/ Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK BRIDGET M VS FAILOR CHAD R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDENT , to wit: FAILOR CHAD but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within ORDER AND PETITION County, Pennsylvania, to On October 9th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 00/00/0000 FL So answe ;-12 R/ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /3 day of CNI? ?(?u 3 A. D. Prothonotary SHERIFF'S RETURN In the Court of Common Pleas Of the 41" Judicial District of Pennsylvania-Perry County Branch Bridget M. Clark VS NO. 2003-5034 Chad Failor 158 Oakdale-Orchard Hill TP Shermansdale, PA 17090 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Chad Failor, but was unable to locate him/her in his bailiwick. He therefore returns the within Court Order, to the above named Defendant(s) Chad Failor, Jr., at 158 Oakdale-Orchard Hills TP Shermansdale, PA 17090 NOT FOUND. Made several attempts, no one at trailer at any attempt. So Answers, VNaceC Sworn and subscribed to before me this 36th day of ,3 e H?c?, 2003. ? z '?'- ? _ ?' NOTARIALSEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUIC i Y MY COMMISSION EXPIRES FEB-16.2004 Sheriff of Perry County ?.? _ . YORRTYIVVNE B06IItlE33 FOMRS + (717) 225-0383 • FAX (7171223-0367 rya J GVUIVTY VF YORK OFFICE OF THE SHERIFF 5717)';19 01 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COURT NUMBER Bridget M. Clark 03-5034 civil 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ Order of Court & Petition for Chad Failor Special Relief - Dnr=Tv 0isttody SERVE 5. NAME OF INDIVIDUAL., COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOL Chad Failor /?j-) 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT. NO., CITY, BORO, TWP, STATE AND ZIP CODE) 1 ?-w- -jOo-a AT POE: Flight Systems Inc. 505 Fishing Creek Road Lewisberry, PA 17339 7. INDICATE SERVICE: ? PERSONAL J PERSON IN CHARGE XX DEPUTIZE ? C RT. AIL ? 1ST CLASS MAIL J POSTED ?OTHER NOW September :24 20 03 I, SHERIFF NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W e return ther rding to law. This deputization being made at the request and risk of the plaintiff. f%???- • P SHERIFF OFD OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE'. Cumberland Please call Cumberland County Sheriff's office (240-6398) whenuser' edcounty-CUMBERLAND Defendant has made statements indicating that he will be impossible to serve. !FP ?OY?S `? I I '7.W 1 NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is farad in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED ROBERT RAINS 45 N. PITT' ST. CARLISLE, PA 17013 xx 243-2968 9-23-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS 9-25-03 20908 3 3: 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFFS OFFICE( ) OTHER( ) SEE REMARKS BELOW 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 19. Date of Service 1 20. Time of Service 21. ATTEMPTS te 1,r1 Mils Date Time Miles Int. D Date Time Miles Int. I Date Time Miles Int. Date Time Miles Int. I Date Time Miles Int. r ''II f I yJ' I I I I 22. REMARKS: 11'.18 JR. 23. Advance Costs 24. Service Costs 125. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Oue or Refund Check Nt ifp 34. Foreign County Costs 135. Advance Costs 136. Service Costs 137. Notary Cert. 138. Mileage/Posted/Not Found 139. Total Costs 140. Costs Due or Refund 42. day of MF•pepg,?sgps?rjbed to before,(n3 is 41. AFFIR on 4,-Stgmature of V 11 VV 1155 CC,, KK ll Sh NO SC, RV 9n eriff York 46. r t N r L .-- - County Sheriff WILLIAM M. 48. Signature of Foreign County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE SO ANSWERS HOSE 51. DATE RECEIVED 45. DATE 47. DATE 10-2-03 49. DATE 1. WHITE- Issuing Authority 2. PINK-Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office In The Court of Common Pleas of Cumberland County, Pennsylvania Bridget M. Clark VS. Chad Failor SERVE: same No. 03-5034 civil Now, September 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of PerrY County to execute this Writ, this deputation being made at the request and risk of the Plaintiffs lo. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 120 _ COSTS SERVICE $ MILEAGE AFFIDAVIT OU 2 b 2003 BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 29 , day of (V%k 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Bridget M. Clark, and the Father, Chad Failor, shall have shared legal custody of Sierra Lynn Clark, born February 7, 2000. 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. The parties shall have shared physical custody of the Child on the following schedule: A. Beginning October 31, 2003, Father shall have physical custody of the Child on an alternating weekly schedule, Friday at 4:30 p.m. to Monday at 7:30 p.m. and the next week from Thursday at 4:30 p.m. tc Monday at 7:30 p.m. and alternating on said basis thereafter. B. Mother shall have physical custody of the Child at all other times unless otherwise agreed by the parties. Father shall provide all transportation for the Child. 4. Christmas: Mother shall always have physical custody of the Child on Christmas Eve from 12:00 noon to 9:30 p.m. Father shall always have physical custody of the Child on Christmas Eve from 9:30 p.m. to 2:00 p.m. on Christmas Day. Mother shall always have physical custody of the Child on Christmas Day from 2:00 p.m. to 7:30 p.m. 5. Other Holidays: The following Holidays shall be alternated by the parties, Thanksgiving, Easter, Memorial Day, July 01, and Labor Day. Father shall have Thanksgiving in 2003. AiJJt OO C h£ ? I I ?'tl 6 w 1:iU rr I?GltJi?l., yea 6. Mother and Father shall be entitled to reasonable telephone access with the Child while the Child is in the other's custody. 7. The parties shall keep one another advised of their current address and telephone number. 8. Mother and Father will give each other prior notice of all medical appointments the Child is scheduled for while in that parent's care. Both parties agree to allow the other parent to be present at the Child's medical appointments, including those appointments with the speech therapist. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. The parties will disclose to one another, within a reasonable period of time, all relevant information relating to the Child's medical care. 9. Neither parent will remove the Child from the Commonwealth absent the consent of the other parent. 10. Neither parent will do anything which may estrange the Child from the other party, 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. 11. Neither party may relocate the Child more than a 25-mile radius from their present location without prior Order of Court. 12. 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 COURT, J. cc: Christine Olexa, Certified Legal Intern Anne MacDonald-Fox, Esquire, Family Law Clinic, Counsel for Mother Z ate, Richard Rupp, Esquire, Counsel for Father /D-u 9.0 13 BRIDGE M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra Lynn Clark February 7, 2000 Mother 2. A Conciliation Conference was held in this matter on October 28, 2003, with the following individuals in attendance: The Mother, Bridget M. Clark, with her counsel, Christine M. Olexa, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Chad Failor, with his counsel, Richard Rupp, Esquire. 3. The Honorable Edward E. Guido entered an Order dated September 29, 2003 providing for shared legal custody with Mother having primary physical custody and Father having partial physical custody every weekend from Friday to Monday. 4. The parties agreed to an Order in the form as attached. /v a -0 3 r V VDate cq line MVernesire Custody Conciliator OCW? 6 2004 BRIDGET M. CLARK, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2003-5034 CIVIL TERM CHAD FAILOR, CIVIL ACTION -LAW Defendant : IN CUSTODY M AND NOW, this day of"- 2004, upon consideration of Defendant's Petition for Emergency Relief, it is hereby ordereo that a ¢- S I*Ak d el /J uww??''- ?t jo o k ? Vv P t J J 7 0 ? y ave a copy o in tt1c lllumj?jvje, tempeany ?,? sal r d legal eustedu Of 91W parting' minnr child. Sierra et 1 idP rv TnPC?av ^^a.. m :rne a r?is:fetien ? ?4? the el?il?te ir?c____?__P er s gimv peno s 10 D J. r a. n f ; 7 r 1 : ") 10/29/2004 12:32 FAX 717 790 6019 EXECUTIVE OFFICES Z003 BRIDGET M. CLARK, Plaintiff vs. CHAD FAILOR, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLV, No. 2003-5034 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW come the parties, Bridget M. Clark (Mother hereinafter) and Chad Failor (Father hereinafter), and respectfully request the following Stipulation to be entered as an of court: WHEREAS the parties have born to them one child, namely Sierra Lynn Clark, Febniary 7, 2000, (child hereinafter); WHHREA.S, the parties are subject to an Order of Court: signed by the Honorable A. Hess on October 29,2003; WHEREAS, the parties desire to modify paragraph 2 of the October 29, 2003 Order of Court to include an additional provision; WHEREAS, both parties have been provided an opportunity to review this Agree lent with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreement as hereinafter set forth, and intending to be legally bound, the parties agree to the following addit to paragraph 2 of the October 29, 2003 Order of Court signed by the Honorable Kevin A. C. All of Mother's periods of overnight custody with the child shall take place at home of the child's maternal grandparents. In the event Mother spends the nig4t at a 10/29/2004 12:32 FAX 717 790 6019 EXECUTIVE OFFICES 2 004 location other than her parents' house, she shall immediately inform Father have the option of exercising custody of the child during Mother's absence parents' home. The parties acknowledge that all remaining provisions of the October 29, 2003 Court shall remain in full force and effect. The parties and their counsel agree that the hearing scheduled on November 2, ? shall her of before the Honorable Edumrd E. Guido is no longer necessary in light of this agreement. WHEREFORE, the parties, intending to be legally bound, and with the desire that this I Agreement be entered as are order of court, hereby set their hands and seals and the date of. acknowledgment. Date: \ Signature: Date: Signature: Date: °O Signature: Date: &Izdd Signature: Je&n6 B. Costopoulos, Esquire e Chad Failw, t"_ . .c.w ..?P.r c10 0 T) F- ^? i 1-7 r.J NOV 0 9 2004 BRIDGET M. CLARK, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2003-5034 CIVIL TERM CHAD FAILOR, CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ` day of f? W , 2004, upon consideration of the Petition to Enter Stipulation as an Order of Court signed by both parties and their counsel, the following provision is Ordered to be inserted into paragraph 2 of Order of Court signed by the Honorable Kevin A. Hess on October 29, 2003: C. All of Mother's periods of overnight custody with the child shall take place at the home of the child's maternal grandparents. In the event Mother spends the night at a location other than her parents' house, she shall immediately inform Father who shall have the option of exercising custody of the child during Mother's absence from her parents' home. All remaining provisions of the October 29, 2003 Order shall remain in full force and effect. The hearing scheduled on November 2, 2004 before the Honorable Edward E. Guido is hereby canceled per the agreement of both parties and their counsel. BY T COUR J. 4 ?? 1 ?Yi a..ti ? ? 1F ? ? ?3 *?S t?uw _ , % r' i ,_ - BRIDGET M. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-5034 CIVIL TERM CHAD FAILOR, CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 18th day of November, 2004, after hearing, we are satisfied that the child is safe so long as mother abides by our Order of November 16, 2004. Consequently, our Order of September 29, 2003, as modified by our Order of November 16, 2004, shall remain in effect pending a full hearing on Father's Petition to Modify Custody. This matter shall be referred to conciliation by the Court Administrator forthwith to address Father's Petition to Modify Custody, as well as his Petition For Contempt. If the matter cannot be resolved in conciliation, we will resolve the matter after a full-blown custody hearing, which we will schedule upon recommendation of the conciliator. Carlesha R. Green, Certified Legal Intern nne MacDonald-Fox, Esquire Family Law Clinic, For the Plaintiff/Respondent .16eanne Costopoulos, Esquire For the Defendant/Petitioner Court Administrator srs .+i . 11'-1 1` ? ?? ''1 .: ? • i; t ? .; t ?.? ?? ??? _ ?,. j? ,. - u. (4 ?' . ?„ 1 BRIDGET M. CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD FAILOR DEFENDANT • 03-5034 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , 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 Thursday, December 23, 2004 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/ acqueline M. Verney, Esq. mhc 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 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 7;A a/v-? f2?v /*? Av * ?2 /" A6V 7ev /a1-5-ri hQ. t?? J BRIDGET M. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-5034 CIVIL TERM CHAD FAILOR, CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 18th day of November, 2004, after hearing, we are satisfied that the child is safe so long as mother abides by our Order of November 16, 2004. Consequently, our Order of September 29, 2003, as modified by our Order of November 16, 2004, shall remain in effect pending a full hearing on Father's Petition to Modify Custody. This matter shall be referred to conciliation by the Court Administrator forthwith to address Father's Petition to Modify Custody, as well as his Petition For Contempt. If the matter cannot be resolved in conciliation, we will resolve the matter after a full-blown custody hearing, which we will schedule upon recommendation of the conciliator. Carlesha R. Green, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff/Respondent Jeanne Costopoulos, Esquire For the Defendant/Petitioner dourt Administrator srs Afy - 4 BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,2 day of ?lr_ 2005, upon consideration of the attached Custody Con ' ation Report, rt is ordered and directed as follows: 1. The prior Orders of Court dated October 29, 2003 and November 16, 2004 shall remain in full force and effect with the following modification. 2. The parties shall cooperate with a custody evaluation to be performed by Dr. Arnold Shienvold. Father shall be responsible for the costs of the evaluation but reserves the right to ask the Court to apportion the costs arnong the parties. Dr. Shienvold will determine who in the parties' household should be included in the evaluation. Father's Petition for Contempt is held in abeyance. 4. 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. Either party may schedule another Conciliation Conference once the custody evaluation is complete. J. cc/ssica L. Bowman, Certified Legal Intern Anne MacDonald-Fox, Esquire, Family Law Clinic, Counsel for Mother panne Costopoulos, Esquire, Counsel for Father 41 a 5 V } AV r .? , r 91 :a did LZ 'iff MH IC?, BRIDGE M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. and Edward E. Guido, 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra Lynn Clark February 7, 2000 shared 2. A Conciliation Conference was held in this matter on January 25, 2005, with the following individuals in attendance: The Mother, Bridget M. Clark, with her counsel, Jessica L. Bowman, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Chad Failor, with his counsel, Jeanne Costopoulos, Esquire. 3. The Honorable Edward E. Guido entered an Order dated November 16, 2004 modifying the Order of Court, dated October 29, 2003 entered by The Honorable Kevin A. Hess, providing for shared legal custody and shared physical custody provided Mother inform Father if she is not staying overnight at maternal grandmother's she must offer Father the option of exercising physical custody of the child. 4. The parties agreed to an Order in the form as attached. 5 -Oa_ ey, Esquire D iacqFefine ate M. Vern Custody Conciliator BRIDGET M. CLARK, Plaintiff vs. CHAD FAILOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-5034 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW come the parties, Bridget M. Clark (Mother hereinafter) and Chad Failor (Father hereinafter), and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties have born to them one child, namely Sierra Lynn Clark, born February 7, 2000, (child hereinafter); WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Legal Cnctody: The parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding her health, education and religion. 2. Physieal Custody: Father shall have primary physical custody of the child, subject to periods of partial custody with Mother as follows: a. Beginning February 18, 2005, alternating weekends from Friday at 7:00 p.m. through Sunday at 4:00 p.m. b. Daytime hours during the week while Father is at work and Mother is available. Mother must give Father at least 48 hours notice of her intention to exercise weekday custody. c. At such other times as the parties may mutually agree. 3. Christmas Holiday Mother shall always have physical custody of the child on Christmas Eve from 10:00 a.m. until 9:30 p.m. and Father shall always have physical custody of the child on Christmas Eve from 9:30 p.m. until December 26, 2005 at 10:00 a.m. 4. Other Major Holidays The following holidays shall be alternated by the parties beginning with Easter, Memorial Day, July 4th , Labor Day, Thanksgiving. Father shall have Easter in 2005. 5. Phone Contact with Child Both parties shall be entitled to reasonable telephone access with the child while the child is in the other's custody. Both parties will promptly return messages from the other parry regarding the child. 6. Trongportation Transportation to and from the parties' residences shall be shared, the details of which can be agreed upon by the parties, or if not agreed, Mother shall pick up the child at Father's residence at the beginning of her custodial periods, and Father shall pick up the child at Mother's residence at the end of Mother's custodial periods. 7. Address and Phone Numhers of Parties Both Father and Mother must keep each other informed of any permanent changes of address or change of phone number. Said changes in address or phone number shall be forwarded to the other party prior to the change taking place. Neither party may relocate the child more than a 25-mile radius from their present location without prior Order of Court. $, Notice of Wh reahont0llness Neither party shall remove the child from the Commonwealth of Pennsylvania without the consent of the other party. Furthermore, if either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. 9. DisTrnging Remarks While in the presence of the child, neither party shall make disparaging remarks regarding the other parent, the subject child or any other member of the parties' respective households; nor shall either party engage in a course of conduct that is inappropriate for the child to observe or which otherwise involves the child or others in any dispute between the parties and/or their families. Furthermore, neither party shall in any way attempt to interfere in the development and maintenance of the loving relationship between the subject child and the other party or other members of their respective households. 10. Snnersedeas of Prior Court Orders This Order shall supersede all prior Court Orders, Stipulations, or Agreements. 11. Cnstn F.valnatian The parties agree that the custody evaluation to be conducted by Dr. Arnold Shienvold is no longer necessary in light of this agreement. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. 11 Date: 0`2 / D Signature: ?1P A?a?Ll? Bridget " Clark Date: c>) Signature: C-Lit WC_ Chad Failor COMMONWEALTH OF PENNSYLVANIA COUNTY OF `jjm bt_lavIC( BEFORE ME, the undersigned authority, on this 4day of Ff MA 2005, personally appeared BRIDGET M. CLARK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. G11 NW AITH F P NNSY VANIA ennsylvania AssoolatWn of Notedes 14 Notary Y blic in an Commonwealth o ennsylvania Typed or printed name of Notary: iC 1 7/7 My commission expires: ///0z//0q COMMONWEALTH OF PENNSYLVANIA COUNTY OF-(f U m 6r-dA>7 of BEFORE ME, the undersigned authority, on this day of 2005, personally appeared CHAD FAILOR, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. COMMONWEALTH F PENNSY VANIA Notadd Seal wn9Twp., Offlt&artd0argy * Camtbalon EVlfeaJan.21, 2009 Member, Pennsylvania Associatlon of Notades ??VC Notary tublic in or Commonwealth of Pennsylvania Typed or printed name of Notary: y 7"? My commission expires: /biz/coq rrn 1 5 2005 BRIDGET M. CLARK, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION -LAW Defendant : IN CUSTODY AND NOW, this i a ? day of / 2005, upon consideration of the within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted and its contents and provisions are hereby entered as an Order of Court. BY COURT; j J. O? BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHAD FAILOR, Defendant : No. 03-5034 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions to withdraw from further representation of Bridget M. Clark, pursuant to Rule 1.16(b) (1) and (5) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On September 23, 2003, The Family Law Clinic filed a Custody Complaint and a Petition for Special Relief on behalf of Ms. Clark. 2. On September 29, 2003, after a conference with the parties, a Temporary Custody Order was entered. 3. On October 29, 2003, a Custody Order was entered granting the parties shared legal and physical custody. 4. On November 16, 2004, an Order of Court was entered granting the defendant's Petition to Enter Stipulation as an Order of Court. 5. On November 18, 2004, an Order of Court was entered pursuant to a hearing on Defendant's Petition For Emergency Relief filed October 26, 2004. 6. On February 12, 2005, Ms. Clark and Mr. Failor settled the issue of custody by agreement. The Family Law Clinic did not participate in the negotiations that led to that settlement agreement. 7. On February 22, 2005, the parties' agreement was entered as Order of Court. 8. During the course of the Family Law Clinic's representation of Ms. Clark, irreconcilable differences have arisen between The Family Law Clinic and Ms. Clark which have made further representation of her unreasonably difficult. 9. As there is currently no litigation pending, withdrawal can be accomplished without material adverse effect on the interests of Ms. Clark. 10. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Jeanne B. Costopolous, Esq., has been sought and obtained. WHEREFORE, The Family Law Clinic requests permission to withdraw as counsel for Ms. Clark in this matter. Respectfully submitted, Date jj iay a l _ o?G?D `J ?/?v1» rpm/ ?? essica L. Bowman Student Attorney Thomas lace _ Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r-'' [J ? .?i {,-P (,l: :.Z d li BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHAD FAILOR, Defendant : No. 03-5034 CIVIL TERM CERTIFICATE OF SERVICE I, Jessica L. Bowman, Student Attorney, The Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Leave to Withdraw on the following persons by first class United States mail, postage prepaid, the 2?? ay of _ ") 2005: Bridget M. Clark, residing at 7386 Wertzville Road, Carlisle, Pennsylvania 17013, and Jeanne B. Costopoulos, Esq., at 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania 17055 (counsel for Chad Failor). ,d ssica L. Bowman tudent Attorney ANNE ACDONALD- OX LUCY JOHNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 -^ ,? ? ' ?, ,? -, .a , BRIDGET M. CLARK, Plaintiff V. CHAD FAILOR, Defendant RECEI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW IN CUSTODY : No. 03-5034 CIVIL TERM ORDER OF COURT-RULE TO SHOW CAUSE AND NOW, this a ? , ?' day of 2005, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon Bridget M. Clark to show cause why The Family Law should not be granted leave to withdraw as counsel of record; (2) upon her; (3) (4) Clinic. Bridget M. Clark shall file an answer to the petition within twenty days of the petition shall be decided under Pa.R.C.P. No. 206.7; D APR 2 2 M55 / 6 notice of the entry of this order shall be provided to all parties by The Family lJaw J. ICJ V BRIDGET M. CLARK, Plaintiff V. CHAD FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY No. 03-5034 CIVIL TERM CERTIFICATE OF SERVICE I, Rene M. Gornall, hereby certify that on the 28`h day of April, 2005, I served a true and correct copy of the Order of Court - Rule to Show Cause on Bridget Clark by first class U.S. mail, addressed as follows: Date: 2K b5 Ms. Bridget Clark 7386 Wertzville Road Carlisle, PA 17013 e e M. Gomall Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 ?? <;? c>' u" ? ?? .=. ? f? ?t "C r?'?'??? ;'r ?'i ?5? r ?? ?? ? j ? a??? `' J RECEIVED MAY 1 8 2005 I A BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5034 CIVIL TERM CHAD FAILOR, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17'h day of May, 2005, being advised that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 9iacqu ne M. Verney, Esquire, Custody cnciliator BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHAD FAILOR, Defendant : No. 03-5034 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE UNDER Pa.R.C.P. No. 206.7 AND NOW, comes petitioner, the Family Law Clinic, and petitions the Court as follows: 1. Petitioner, the Family Law Clinic, is counsel of record for the above named Plaintiff, Bridget M. Clark. 2. Petitioner filed a Petition for Leave to Withdraw in this matter on April 21, 2005. On April 26, 2005, this Court issued an Order of Court - Rule to Show Cause. A copy of the Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit "A." 3. The April 26, 2005 Order of Court -Rule to Show Cause permitted Respondent, Bridget M. Clark, to object to the Family Law Clinic's request to withdraw as her counsel by filing an answer to the Petition, within twenty (20) days after service of the Order upon her. 4. A true and correct copy of the Petition for Leave to Withdraw was served upon Respondent, Bridget M. Clark, by first class mail, postage prepaid, at her last known address on April 21, 2005. A true and correct copy of the Petition was served upon counsel for the defendant on the same date. 5. A true and correct copy of the Order of Court - Rule to Show Cause was served upon Respondent, Bridget M. Clark, by first class mail, postage prepaid, at her last known address on April 28, 2005. A true and correct copy of the Order of Court - Rule to Show Cause was served upon counsel for the defendant on the same date. 6. More than twenty (20) days have passed since the Order of Court - Rule to Show Cause was served upon the Respondent and Defendant's counsel, and no response or objection has been filed. 7. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Jeanne B. Costopolous, Esq., has been sought and obtained. WHEREFORE, the Family Law Clinic requests this Court to enter an Order permitting it to withdraw as counsel for Bridget M. Clark in this matter. Resnectfully, Dat Anne MacDonald-Fox Lucy Johnston-Walsh FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Thom ce Robert E. Rains VERIFICATION I verify that the statements made in the foregoing document are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date M. ornall Certified Legal Inte n 9n m- m I MY co C rn y N `?} LP (. J i RECEIVED JUN 09 2005 BRIDGET M. CLARK, Plaintiff V. CHAD FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY No. 03-5034 CIVIL TERM ORDER OF COURT AND NOW, this eday of , 2005, upon consideration of the attached Petition to Make Rule Absolute filed by the Family Law Clinic, it is hereby ordered and directed that the Family Law Clinic is permitted to withdraw as counsel for the Plaintiff. COURT: J. CC: /amily Law Clinic 45 North Pitt Street Carlisle, PA 17013 /anne B. Costopoulos, Esq. (Counsel for Defendant) , 5000 Ritter Road, Suite 202 Mechanicsburg, PA17055 Bridget M. Clark, Plaintiff o?.ti5 /11 ?? .? r ?•ln GOti7 BRIDGET M. CLARK, Plaintiff/Petitioner V. CHAD FAILOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5034 CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER AND NOW comes Plaintiff/Petitioner, Bridget M. Clark, by and through her attorneys, the Neuharth Law Offices, and respectfully petitions this Honorable Court to hold Defendant/Respondent, Chad Failor, in contempt of its Order and in support thereof avers the following: On February 22, 2005, this Honorable Court entered a custody Order, based on a written stipulation of the parties, granting, in part, shared legal custody of the minor child, Sierra Lynn Clark, born February 7, 2000, hereinafter "child," to the parties and Defendant/Respondent primary physical custody subject to Plaintiff/Petitioner's periods of partial physical custody on alternating weekends from Friday at 7:00 p.m. through Sunday at 4:00 p.m., during daytime hours when Defendant/Respondent is at work and Plaintiff/Petitioner is available, alternating holidays, and at other such times as the parties mutually agree. A true and correct copy of the Order is attached. 3. Plaintiff/Petitioner last enjoyed custody with the child on June 8, 2007. 4. Defendant/Respondent has deprived Plaintiff/Respondent of custody of the child during her alternating weekly periods, daytime periods when Defendant/Respondent was at work and Plaintiff/Respondent was available and major holidays, as required by the Order of Court. 5. Defendant/Respondent has deprived Plaintiff/Respondent of telephone contact with the child as required by the Order of Court. 6. Defendant/Respondent has failed to promptly return Plaintiff/Respondent's messages concerning the child as required by the Order of Court. 7. Plaintiff/Petitioner believes, and therefore avers, that Defendant/Respondent has moved, yet Defendant/Respondent refuses to provide Plaintiff/Petitioner with his new address. Plaintiff/Petitioner finally received Defendant/Respondent's address when he filed for modification of the support order. 8. Plaintiff/Petitioner believes, and therefore avers, Defendant/Respondent is intentionally ignoring Plaintiff/Petitioner in an attempt to fulfill the statutory requirements needed to terminate her parental rights involuntarily so Defendant/Respondent's spouse can adopt the child. WHEREFORE, Plaintiff/Petitioner prays this Honorable Court finds Defendant/Respondent in Contempt of its Order, grants Plaintiff/Petitioner custody of the child according to the provisions of the February 22, 2005, Order of Court immediately, and further, directs Defendant/Respondent to pay the costs and attorney's fees associated with Plaintiff/Petitioner bringing this Petition. Respectfully submitted, it I Am e Spenc Abel Attey ID No.: 202443 Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 (717) 263-2928 FAX Attorney for Plaintiff/Petitioner Bridget M. Clark BRIDGET M. CLARK, ) Plaintiff/Petitioner ) V. ) CHAD FAILOR, ) Defendant/Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5034 CUSTODY 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 P&C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4-, 111 01-AA- Bridget M. Clark .- . , BRIDGET M. CLARK, Plaintiff/Petitioner V. CHAD FAILOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5034 CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Contempt, I am this day serving a copy of same via certified, return receipt requested, First Class U.S. Mail, to the prior counsel of record, and to the following Defendant: Jeanne Costopolus, Esq., prior counsel of record 3803 Old Gettysburg Road Camp Hill, PA 17011 Chad Failor 800 Bower Road Shermans Dale, PA 17090 Date: 91wk-l /lag 15?lf 0 /)If Wn., ? S e Spen r Abel N Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 C C= ? t? to 21 r l ? C r? v. O ran ? p `C r t g r BRIDGET M. CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-5034 CIVIL ACTION LAW CHAD FAILOR IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 27, 2007 , 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, October 30, 2007 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: Isl facqueline 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 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 av*v "5p 00 -1 Hd LZ cJrlS LG0Z ']Hi J-C OCT t 0207 BRIDGET M. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5034 CIVIL ACTION - LAW CHAD FAILOR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 26th day of October, 2007, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Acqu ne M. Verney, Esquire, Custody Conciliator t _t W , 1 !,*,q CO :6 WI 6Z 130 L901 BRIDGET M. CLARK V. CHAD FAILOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-5034 CIVIL TERM CIVIL ACTION-LAW CUSTODY STIPULATION AND NOW comes the parties, Bridget M. Clark and Chad Failor, and respectfully enter into the following stipulation: WHEREAS, the parties have previously entered into a Stipulation Regarding Custody on February 12, 2005 and made an Order of Court; The parties hereby agree to adhere to all the provisions of said Stipulation; and The parties shall follow the custody schedule set forth in said Stipulation. WHEREFORE, the parties have affixed their signatures below. Date: /v /?- d 7- Date: /4' F'07 ridget . Clark ness had Failor Witness BRrE)GET M. CLARK, Plaintiff VS. CHAD FAfiLOR, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :N6. 2003-5034 CIVIL, TERM : CIVIL ACTION -LAW ca c Defendant : IN CUSTODY C-n -r, PFTiTIC?N TO ENTER SlYFULATION AS AN ORDER OF C OTPR ' AND NOW come the parties, Bridget M. Clark (Mother hereinafter) and Cbad-Fair ; (Father hereinafter), and respectfully request the following Stipulation to be entered man Girder of court: WHEREAS the parties have born to them one child, namely Sierra Lynn Clark, born February 7, 2000, (child hereinafter); WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Legs1(`nctady: The parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the child's general weU-being, including, bid not limited to, all decisions regarding her health, education and religion. 2. Physical Custody: Father shall have primary physical custody of the child, subject to periods of partial custody with Mother as follows: a. Beginning February 18, 2005, alternating weekends from Friday at 7:00 p.m. through Sunday at 4:00 p.m. 5511- b. Daytime hours during the week while Father is at work and Mother is available. Mother must give Father at least 48 hours notice of her intention to exercise weekday custody. c. At such other times as the parties may mutually agree. 3. Christmas Holiday Mother shall always have physical custody of the child on Christmas Eve from 10:00 a.m. until 9:30 p.m. and Father shall always have physical custody of the child on Christmas Eve from 9:30 p.m. until December 26, 2005 at 10:00 a.m. 4. Other Major Holidays The following holidays shall be alternated by the parties beginning with Easter, Memorial Day, July 4", Labor Day, Thanksgiving. Father shall have Easter in 2005. 5. PhOne Contact with Child Both parties shall be entitled to reasonable telephone access with the child while the child is in the other's custody. Both parties will promptly return messages from the other party regarding the child. ?- -Tmospartation Transportation to and from the parties' residences shall be shared, the details of which can be agreed upon by the parties, or if not agreed, Mother shall pick up the child at Father's residence at the beginning of her custodial periods, and Father shall pick up the child at Mother's residence at the end of Mother's custodial periods. 7. Address and Phone Numbers of Parties Both Father and Mother must keep each other informed of any permanent changes of address or change of phone number. Said changes in address or phone number shall be forwarded to the other party prior to the change taking place. Neither party may relocate the child more than a 25-mile radius from their present location without prior Order of Court. 8. Notice of WhereaboutsInIness Neither party shall remove the child from the Commonwealth of Pennsylvania without the consent of the other party. Furthermore, if either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. 9. isnaraging Remarks While in the presence of the child, neither party shall make disparaging remarks regarding the other parent, the subject child or any other member of the parties' respective households; nor shall either party engage in a course of conduct that is inappropriate for the child to observe or which otherwise involves the child or others in any dispute between the parties and/or their families. Furthermore, neither party shall in any way attempt to interfere in the development and maintenance of the loving relationship between the subject child and the other party or other members of their respective households. 10. Sunersedeas of Prior Court Orders This Order shall supersede all prior Court Orders, Stipulations, or Agreements. 11. Custody F,valnation The parties agree that the custody evaluation to be conducted by Dr. Arnold Shienvold is no longer necessary in light of this agreement. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment Date: Signature: Bridget Claik 7 Date: Signature: ? ? Chad Failor COMMONWEALTH OF PENNSYLVANIA COUNTY OF C ijv? ?-{ lq ric BEFORE ME the undersigned authority, on this day of )EQ rqA4 2005 > personally appeared BRIDGET M. CLARK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. NIVSYtVAN1A Skw SPft ?'? @ Member, Pete fin. 29, 200Y afion of Notaries Notary blic in an Commonwealth o ennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF a wt Ue-(-IG fl 0/ BEFORE ME, the undersigned authority, on this Aday of Te biLiQ 20055 personally appeared CHAD FAILOR, known to me to be the person who execute the foregoing instrument, and who acknowledged to one that he executed same for the purposes and considerations therein expressed. COM &N MTH O p yLVANIA NdmW Wed TYW %+, NoWy Pdak =--gay dert.2?l; 29c?9 - N?mber, venom Association of Notaries Notary ublic in or Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: //?' NOV OS 2001Y, ? BRIDGET M. CLARK V CHAD FAILOR ORDER AND NOW, thisv_day of Ocpber, 2007, upon Stipulation by the parties, the Order of February 12, 2005, shall remain in Full force and effect. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-5034 CIVIL TERM CIVIL ACTION-LAW CUSTODY THE COURT: J. i114`o7 cc: Barbara Wevodau, Esq. eo 1 ks, rY2 t5l I L.ECL Suzanne Spencer Abel, Esq. Jacqueline Verney, Esq. ??? i? VA-SNN L ? :6 NV 6- ADN LODZ MVIOtJCHiO'dd 3HI AO 3 4 3-a--M