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HomeMy WebLinkAbout01-0652IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TEACY L. McMICHAEL, = Plaintiff : ~ NO. 01- ~S WILLIAM C. McMICHAEL, : Defendant = IN CUSTODY Civil Term COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, TRACY L. McMICHAEL, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Complaint in Custody, and in support thereof avers as follows: 1. Plaintiff is T~ACY L. McMICHAEL who resides at 144 West Orange Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is WILLIAM C. McMICHAEL who resides at 225 Minnic Road, Chambersburg, Franklin County, Pennsylvania. 3. The minor children involved in this action are: JESSE McMICHAEL, born July 27, 1986 AARON McMICHAEL, born August 23, 1989 and EMILY McMICHAEL, born November 14, 1996 Plaintiff is the biological mother of the minor children: Defendant is the biological father of the minor children. JESSE was born out of wedlock. AARON and EMILY were born in wedlock. 8. with the following persons at the The children are presently in the custody of Plaintiff· During the lifetime of the children, they have resided following addresses: Dates birth-1987 1987-1988 1988-1990 1990-5/1998 5/1998-12/1998 12/1998-10/2000 10/2000-present Addresses Bradford. PA New York Lemoyne, PA Mechanicsburg, PA Reynoldsville, PA Shippensburg, PA 144 West Orange Street Shippensburg, PA Persons Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant Plaintiff Plaintiff/Defendant Plaintiff 9. Plaintiff and Defendant are married to each other. 10. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or any other Court, except as set forth above. il. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any Court. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children, or claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the minor children have not been terminated, and the person who has physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to 14. The children will be Plaintiff. the parties named herein. best interests and permanent welfare of the minor served by granting primary physical custody to ~FORE, Plaintiff respectfully requests this Honorable Court to enter a Decree granting her primary physical custody of JESSE, AARON and EMILY. Respectfully submitted: MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. ~61900 Attorney for Plaintiff VERIFICATION I, TRACY L. McMICHAEL, do hereby verify that I am the Plaintiff in the within action, and that the statements made in the foregoing Complaint in Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date IN TEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, ~ Plaintiff : ~ NO. 01- WILLIAM C. McMICHAEL, : Defendant : IN CUSTODY Civil Term CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Complaint in copy of prepaid, Custody was served upon the Defendant by placing a same in the United States Mail, first class, postage certified/restricted delivery, addressed as follows: William C. McMichael 225 Minnic Road Chambersburg, PA 17201 Date: 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant NO. IN CUSTODY Civil Term PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, TRACY L. McMICIIAEL, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff Vo WILLIAM C. McMICHAEL, Defendant :NO. : : IN CUSTODY Civil Term AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am TRACY L. McMICHAEL, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Address: TRACY L. McMICHAEL 144 West Orange Street. Shippensbure. PA 17057 (b) Social Security Number: 178-62-4232 If you are presently employed, state Employer: Dani Martin Country Comer Retail Catering Address: 20 West Orange Street. Shippensburg. PA 17257 Salary or wages per month: $ 998.00 Type of work: clerk TRACY L. MCMICHAEL PLAINTIFF V. WILLIAM C. MCMICHAEL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 01-652 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of February , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliar at 4th Floor, Cumberland County Courthouse, Carlisle on the 7th day of March ,2001, at 9:30 a.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 for entry of a temporary or permanent order. FOR THECOURT, By: /si Jacqueline M. Verney, Es~, 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 con~brence 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 td.~ c I~?.~- C 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant No. 2001-652 IN CUSTODY Civil Term PRAECIPE TO REINSTATE ACTION To the Prothonotary: Please reinstate the above action in Custody. Respectfully submitted: Maryann urphy, sqmre MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I,D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant : No. 01-652 Civil Term : _- .. : _- : IN CUSTODY ORDER OF COURT AND NOW, this ~.9'~ day of r~, t~z e. a4 ,2001, upon presentation of the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor children, JESSE McMICHAEL, bom July 27, 1986; AARON McMICHAEL, born August 23, 1989; and EMILY McMICHAEL, born November 14, 1996, is awarded as follows: 1. MOTHER shall have primary physical and legal custody of the minor children. 2. FATHER shall have partial physical custody of the minor children on alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 3. The parents shall share or alternate the holidays with the minor children each year. The specific times shall be determined by mutual agreement of MOTHER and FATHER. 4. MOTHER shall have the children on Mother's Day and FATHER shall have the children on Father's Day, regardless of the usual alternating weekend schedule. 5. By mutual consent of the parents, a modified schedule may be agreed upon between them for and in the best interests of the minor children. 6. Both parents shall permit reasonable telephone access between the children and the other parent. MOTHER and FATHER shall provide each other with a current telephone number and address. 7. Neither parent shall use illegal drugs or abuse alcohol while the children are in their custody, and to the extent possible, they shall ensure that third parties do not use illegal drugs or abuse alcohol in the presence of the children. 8. For purposes of visitation, FATHER shall provide transportation or shall arrange transportation with a mutually agreed upon third party. Currently the parents live approximately ten (10) miles apart. Should MOTHER move more than ten (10) miles from her current residence, she shall be responsible for transportation of the children. 9. This Order shall replace and supercede any and all prior Custody Orders, and shall remain in full force and effect until further Order of Court. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. MeMICHAEL, : Plaintiff : No. 01-652 Civil Term _, V. : ._ WILLIAM C. McMICHAEL, : Defendant : : : IN CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER The parties to this action, TRACY L. McMICHAEL (hereinafter referred to as "MOTHER"), and WILLIAM C. McMICHAEL (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children involved in this action: JESSE McMICHAEL, bom July 27, 1986; AARON McMICHAEL, bom August 23, 1989; and EMILY McMICHAEL, born November 14, 1996, hereby stipulate and agree to the entry of an Order of Court awarding custody of JESSE, AARON and EMILY as follows: 1. The parents agree that MOTHER shall have primary physical and legal custody of the minor children. 2. The parents agree that FATHER shall have partial physical custody ofthe minor children on alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 3. The parents agree to share or alternate the holidays with the minor children each year. The specific times shall be determined by mutual agreement of MOTHER and FATHER. 4. The parents agree that MOTHER shall have the children on Mother's Day and FATHER shall have the children on Father's Day, regardless of the usual alternating weekend schedule. 5. By mutual consent of the parents, a modified schedule may be agreed upon between them for and in the best interests of the minor children. 6. Both parents agree to permit reasonable telephone access between the children and the other parent. MOTHER and FATHER agree to provide each other with a current telephone number and address. 7. The parents agree that neither shall use illegal drags or abuse alcohol while the children are in their custody, and to the extent possible, they shall ensure that third parties do not use illegal drugs or abuse alcohol in the presence of the children. 8. The parties agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody and partial custody t~rth herein, and the parties hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date(s) indicated below. Witness IAM C~. McMICHAEL ',,..9 TRACY L. McMICHAEL, Plaintiff V. WILLIAM C. McMICHAEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 2001-652 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2ND day of April, 2001, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /Yacqu~line M. Vemey, ~s~tody Conciliator Cb zo C 0 m "-o In Z