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HomeMy WebLinkAbout01-3524CYNTHIA J. FERRY PLAINTIFF V. MICHAEL FERRY AND ANGELA MILLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01=3524 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 14, 2001 , 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 Friday, July 13, 2001 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: M Hubert X. Gilroy, Esq. Custody Conciliator ~,J 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 incF~viduals 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CYNTHIA J. FERRY, : Plaintiff : MICHAEL FERRY, : and ANGELA MILLER, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. tg/- ~D~-c~9/C1ViL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of ,2001 , at o'clock, .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds fo3 entry ora temporary or permanent order. FOR THE COURT: ,2001 upon consideration of the attached Complaint, it By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Ctm~berland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 CYNTHIA J. FERRY, Plaintiff MICHAEL FERRY, and ANGELA MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O/-3YA~t CIVIL ACTION LAW IN CUSTODY COMPLAINT FOR CUSTODY The plaintiffis Cynthia J. Ferry, residing at 233 East Garfield Street, Shippensburg, Pennsylvania. 2. The defendant is Michael Ferry, residing at 1126 Rockledge Drive, Carlisle, Pennsylvania. The defendant is Angela Miller residing at Cumberland County Prison, Carlisle, Pennsylvania. 4. Plaintiff seeks custody of the following child: Name Alexis Ferry Present Residence Age 1126 Rockledge Drive, Carlisle, PA 3 years The child is presently in the custody of Michael Ferry who resides at 1 ! 26 Rockledge Drive, Carlisle, PA. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons Cynthia Ferry Elaine Yeager Cynthia Ferry Michael Ferry List All Addresses 233 Garfield Street, Shippensburg, PA Weaver Road, Orrstown, PA 233 Garfield Street, Shippensburg, PA 1126 Rockledge Drive, Carlisle, PA Dates present. 8/2/97 - 7/98 7/98 - 9/98 7/98 - 3/99 3/99 - Present The mother of the child is Angela Miller, currently residing at Cumberland County Prison, Carlisle, PA. She is unmarried. The father of the child is Michael Ferry, currently residing at 1126 Rockledge Drive, Carlisle, PA.. He is unmarried. 5. The relationship of plaintiff to the child is that of grandmother. The plaintiff currently resides with the following persons. Name Relationship No One 6. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Narne Shelly Keeseman Daniel Keeseman Luray Keeseman Relationship Girlfriend Girlfriend's Son Girlfriend's Daughter Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation fights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because Plaintiff has undertaken and performed the primary parental responsibilities for the child; and Plaintiffis best able to provide the care and nurture which the child needs for healthy development. WHEREFORE, Plaintiff requests the Court to grant custody of the child to the Plaintiff subject to structured partial Custody and visitation by the Defendant. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. DH6.5,00 Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 15,5 South H.anoger Street Carl~e. ,Pennsylvania 17013 717,241,6Q70 · 800.734.0490 · lAX: 717.241.6878 CYNTHIA J. FERRY, Plaintiff MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3524 CIVIL 98-6169 IN CUSTODY COURT ORDER AND NOW, this ,~' day of August, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Michael Ferry, shall continue to enjoy legal and physical custody of Alexis Ferry, bom August 2, 1997. The Paternal Grandmother, Cynthia J. Ferry, shall enjoy periods of temporary physical custody with the minor child as tbllows: On every Tuesday and Thursday fi.om 9:00 a.m. until 7:30 p.m., except for those Tuesdays and Thursdays when Father is not working. Father shall provide the Grandmother with a schedule in advance. B. At such other times as agreed upon by the parties. The parties shall meet again with the custody conciliator on Thursday, October 4, 2001 at 8:30 a.m. In the event the parties are able to reach a permanent agreement prior to the conciliation conference, legal counsel for the parties may contact the conciliator to cancel the scheduled conciliation conference. In the event the parties are unable to reach an agreement after another conciliation conference and this matter needs to proceed to a hearing before a Judge, it is noted that the Father reserves any defenses he may have including a claim that the Paternal Grandmother does not have standing to seek visitation rights. This order shall be merged with the order entered at Docket No. 99-6169 insofar as the Maternal Grandmother, Elaine Yeager shall continue to exercise custody on alternating weekends until such time as the Mother is able to resume custodial responsibility for the child. 6. It is further ordered that the cases at Docket No. 98-6169 and at 01-3524 are consolidated as noted above in the caption. Edward E. Guido CC~ Karl Rominger, Esquire Michael Scherer, Esquire CYNTHIA J. FERRY, Plaintiff V MICHAEL FERRY and ANGELA MILLER, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3524 CIVIL 98 -6169 IN CUSTODY Prior Judge: Edward E. Guido 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: The pertinem information pertaining to the child who is the subject of this litigation is as follows: Alexis Ferry, bom August 2, 1997. A Conciliation Conference was held on August 17, 2001, with the following individuals in attendance: The Paternal Grandmother, Cynthia J. Ferry, with her counsel, Karl Rominger, Esquire; and the Father, Michael Ferry, with his counsel, Michael Scherer, Esquire. The Mother, Angela Miller, was not present. She is currently incarcerated. 3. The parties agree to the entry of an order in the form as attached. DATI~ Humbert X.~Oil ~ Esquire Custody Conciliator CYNTHIA J. FERRY, Plaintiff MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3524 CIVIL 98-6169 IN CUSTODY COURT ORDER AND NOW, this $>'/'~ day of October, 2001, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ANGELA M. MILLER V. MICHAEL FERRY CYNTHIA J. FERRY V. MICHAEL FERRY AND ANGELA MILLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98-6169// CIVIL ACTION LAW 01-3524 ( IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 23, 2003 , 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 Friday, January 16, 2004 at 10:30 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 apl~ear 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 Abus ce~r_ de~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT. By: /s/ Hubert X. Gilroy, 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 FORTtt 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 ANGELA M. MILLER, Plaintiff MICHAEL FERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CYNTHIA J. FERRY, Plaintiff MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3524 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW THIS day of ,200 upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the __ day of ,200__ at A.M/P.M, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation 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 at least 48 hours prior to the scheduled conference. FOR THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ANGELA M. MILLER, Plaintiff MICHAEL FERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6169 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CYNTHIA J. FERRY, Plaintiff MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3524 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Michael Ferry, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The father, Michael Ferry, is an adult individual who resides at 333 Burd Street, Shippensburg, Cumberland County, Pennsylvania. The mother, Angela Miller, is an adult individual whose present residence is unknown. 3. The paternal grandmother, Cynthia J. Ferry, is an adult individual who resides at 233 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 4. The mother and father are the parents of one child, Alexis Ferry, born August 2, 1997. 5. The mother commenced the action docketed to 98-6169 against the father and a custody Order dated April 13, 2000 provides that maternal grandmother, Elaine Yeager, has partial physical custody of the child on alternating weekends until mother is able to resume having partial physical custody of the child. The April 13, 5. The mother commenced the action docketed to 98-6169 against the father and a custody Order dated April 13, 2000 provides that maternal grandmother, Elaine Yeager, has partial physical custody of the child on alternating weekends until mother is able to resume having partial physical custody of the child. The April 13, 2000 Order is attached hereto as "Exhibit A." 6. Until the end of November, 2003, mother had in fact been exercising partial physical custody of the child on alternating weekends. 7. The paternal grandmother commenced the action docketed to 01-3524 against the mother and father and a custody Order dated August 30, 2001 provides that paternal grandmother have partial physical custody of the child, and the practice of the parties recently is that paternal grandmother has physical custody of the child one weekend per month. The August 30, 2001 Order is attached hereto as "Exhibit B." 8. Mother has had an ongoing substance abuse problem. 9. Recently, mother missed two weekends of partial physical custody with the child and failed to alert father in advance that she would miss her weekend with the child. 10. Father has been advised that mother is staying in a "crack house" in Harrisburg, PA and that mother sold her automobile to raise money to purchase drugs. 11. Mother's whereabouts have been unknown since Thanksgiving, 2003. 12. Father has been advised that prior to Thanksgiving, 2003, that mother was drinking alcohol excessively and using drugs in front of the child and other minors. VERIFICATION The statements in the foregoing Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: Michael Ferry ANGELA M. MILLER, Plaintiff MICHAEL FERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9~1-6169 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this I.~+1~ day of.J.~r ~ , 2000, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COUR'r "EXHIBIT A" and the sealol sa~d Court ANGELA M MILLER, Plaintiff MICHAEL FERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6169 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, is made by and between Angela M. Miller (hereinafter referred to as "Mother') and Michael Ferry (hereinafter referred to as "Father'). WHEREAS, the parties are the natural parents of Alexis Bree Ferry, born August 2, 1997 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Father shall have primary physical custody of the child. 3. The maternal grandmother, Elaine Yeager, shall have partial physical custody of the child every other weekend until such time as Mother is able to resume custodial responsibility of the child. 4. Either party may petition the Court to modify the terms of this Stipulation and Agreement upon changed circumstances of the parties or the child. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. Any modification or waiver of the provisions of this Agreement shall be effective only if made i~ '~f'iting end only if cxi:~uted with the~,an~e fbi reality es this '~' Stipulation and Agreement. - 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. 11. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Date: Angela M. Miller Michael Ferry CYNTHIA J. FERRY, Plaintiff v MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3524 CIVIL 98-6169 IN CUSTODY CIVIL ACTION - LAW COURT ORDER AND NOW, this .3'0 e~ day of August, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Michael Ferry, shall continue to enjoy legal and physical custody of Alexis Ferry, bom August 2, 1997. The Paternal Grandmother, Cynthia J. Ferry. shall enjoy periods of temporary physical custody with the minor child as tbllows: On eveo' Tuesday and Thursday from 9:00 a.m. until 7:30 p.m., except tbr those Tnesdays and Thursdays when Father is not working. Father shall provide the Grandmother with a schedule in advance. B. At such other times as agreed upon by the parties. The parties shall meet again with the custody conciliator on Thursday, October 4. 2001 at 8:30 a.m. In the event the parties are able to reach a permanent agreement prior to the conciliation conference, legal counsel for the parties may contact the conciliator to cancel the scheduled conciliation conference. In the event the parties are unable to reach an agreement after another conciliation conference and this matter needs to proceed to a hearing betbre a Judge, it is noted that the Father reserves any defenses he may have including a claim that the Paternal Grandmother does not have standing to seek visitation rights. This order shall be merged with the order entered at Docket No. 99-6169 insofar as the Maternal Grandmother, Elaine Yeager shall continue to exercise custody on alternating weekends until such time as the Mother is able to resume c0.stodial responsibility tbr the child. "EXHIBIT B" It is further ordered that the cases at Docket No. 98-6169 and at 01-3524 are consolidated as noted above in the caption. BY THECOURT, Edward E. Guido CC~ Karl Rominger, Esquire Michael Scherer, E.squire Mike Ferry 09/05/01 tRUE COPY FROM RECORD ~n Testimony whereof, I here unto set my hand and the seal of said Ccurt at Carlisle, Pa. 1'hi--ay of~ ,-./*~.. ,'2. ~,.,0.. ~, Prothonotary CYNTHIA J. FERRY, Plaintiff V MICHAEL FERRY and ANGELA MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3524 CIVIL 98-6169 IN CUSTODY Prior Judge: Edward E. Guido 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexis Ferry, bom August 2, 1997. A Conciliation Conference was held on August 17, 2001, with the tblloxving individuals in attefidance: The Paternal Grandmother, Cynthia J. Ferry, with her counsel, Karl Rominger, Esquire; and the Father, Michael Ferry, with his counsel, Michael Scherer, Esquire. The Mother, Angela Miller, was not present. She is currently incamemted. 3. The parties agree to the entry of an order in the form as attached. DAT Ht~ffbe n X~G il~s, Esquire Custody Conciliator CERTIFICATE OF SERVICE I hereby certify that on December I ~ , 2003, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Karl Rominger, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, Pennsylvania 17013