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HomeMy WebLinkAbout02-0406NMJacob Neil, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-406 CIVIL ACTION _a c_ Gayle Handy,' `?- Defendant/Respondent :CUSTODY -eti- -71 PETITION TO MODIFY CUSTODY .-) The Petitioner, Plaintiff, Jacob Neil, by and through his counsel, Nolan B. Meeks, Esquire, respectfully represents the following in support of his petition for modification: 1. Plaintiff/Petitioner is Jacob Neil, hereinafter referred to as Father, who resides at 730 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant/Respondent is Gayle Handy, hereinafter referred to as Mother, who resides at 1861 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On March 22, 2002, an Order of Court was entered for custody of the parties' minor child, Allison Neil, born November 21, 2000. A copy of that Order is attached as "Exhibit A". The Order in pertinent part grants the parties shared legal custody, and provides Mother primary physical custody and Father partial physical custody. interests. 5 because: 4. Father seeks a modification of the current Order to better serve Allison's best Allison's best interests will be served by granting Father's request for a modification a. Since May 2011, Allison has been living with Father on a full-time basis with periods of visitation with Mother. b. Prior to May 2011, Mother and Father followed a verbal agreement between them which provided for shared physical custody of Allison c. Father is concerned that Allison is being physically and mentally abused by her Stepfather, who resides with Mother. d. Father's concern for Allison's safety led him to file a Protection From Abuse Petition against Stepfather, and a temporary protection order has been granted pending the outcome of the hearing. e. Father is able to provide a safe environment and can provide for Allison's needs on a full time basis. He is capable of caring for Allison as a primary caretaker. f. Father will continue to work to help Mother maintain a mother/daughter relationship with Allison by ensuring that she is able to exercise periods of partial physical custody. WHEREFORE, Father respectfully requests this Court to modify the existing Order for Custody and grant Father primary physical custody with Mother having periods of partial physical custody. Respectfully submitted: Date: 7-,Z 7- i/ CS Ae4?- Nolan B. Meeks, Esquire Supreme Ct. I.D. # 308848 401 E. Louther St, Ste 103 Carlisle, PA 17013 610-636-8618 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 7 ' M " 1 Jacob Neil MAR 15 2?2 JACOB NEIL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-406 CIVIL TERM GAYLE HANDS, : CIVIL ACTION - LAW Defendant IN CUSTODY ER F COURT AND NOW, this day of , 2002, upon consideration of the attached Custody C ciliation Report, i is ordered and directed as follows: 1. The Father, Jacob Neil, and the Mother, Gayle Hande, shall have shared legal custody of Allison Neil, born November 21, 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. 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody as follows: A. March 20, 2002 and March 27,2002 from 5:30 a.m. to 9:15 p.m. B. Alternating weekends beginning Friday, March 29, 2002 at 6:00 p.m. to Sunday, March 31, 2002 at 8:00 a.m. but thereafter on alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. C. Every Tuesday from 5:15 p.m. to Wednesday at 9:15 p.m. The parties are to negotiate this overnight in the event Mother's college schedule changes. 4. The parties shall share the Christmas Holiday which shall be divided into two Blocks. Block A shall be from December 23 at 8:30 p.m. to December 24 at 8:30 p.m. Block B shall be from December 24 at 8:30 p.m. to Christmas Day at 8:30 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 5. Thanksgiving shall be shared such that Mother shall have the child until 2:00 p.m. and Father shall have the child from 2:00 p.m. to 8:00 p.m. 6. Mother shall be responsible for all transportation unless otherwise agreed by the parties. 14 MAR 1 5 2002 Neither party shall use illegal drugs or excessive alcohol while the child is in their custody. 8. In the event that either party is in need of babysitting services for longer than three (3) hours, they shall contact the non-custodial parent within a reasonable time and offer the babysitting opportunity to the non-custodial parent. g, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties modify terms of provisions control. Another consent. In the absence of mutual consent, Conciliation Conference is scheduled for May 30, 2002 at 8:30 a.m. BY THE COURT, Ohk ?? J. cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Father n>? 3. a .L Lisa Greason, Esquire, Counsel for Mother n it ^ f' J• I2-- ng PEN NS Y2iA'1``A Jacob Neil, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYL VIIA V. :NO. 02-406 CIVIL ACTION rn rn- mm '- Gayle Handy, Defendant/Respondent : CUSTODY, 2-1 C CD CERTIFICATE OF SERVICE I, Nolan B. Meeks, Esquire, attorney for the Petitioner, Jacob Neil, hereby certify that I have served a copy of the foregoing Petition for Modification on the following date and in the manner indicated below: U.S. First Class Mail, postage pro-paid Gayle Taylor 1861 Spring Road Carlisle, PA 17013 Date: 7-,?- -7 - // Nolan B. Meeks, Esquire Supreme Ct. I.D. # 308848 401 E. Louther St, Ste 103 Carlisle, PA 17013 610-636-8618 JACOB NEIL PI-AINTIFF V. GAYLE HANDY DEFENDANT IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY , C:: - f _ 2002-406 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 09, 2011 _ , 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, August 26, 2011 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 'The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. 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 ?(?Y4 Telephone (717) 249-3166 00,4 C1 ?C'aP m??GP? ? `? i JACOB NEIL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2002-406 CIVIL ACTION - LAW GAYLE TAYLOR (formerly : GAYLE HANDY), rte, ci7 cn?":'; v .,r Defendant IN CUSTODY .:? r p PRIOR JUDGE: George E. Hoffer ?? << COURT ORDER .? C- AND NOW, this of September, 2011, upon ?- Y consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of March 22, 2002, is vacated and replaced with the following Order: 1. The father, Jacob Neil, and the mother, Gayle Taylor (formerly Gayle Handy), shall enjoy shared legal custody of Allison Neil, born November 21, 2000. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy periods of temporary physical custody of the minor child at such times as agreed upon by the parties. The mother's temporary custody of the minor child shall be subject to the restrictions from the Protection From Abuse Order entered at Docket No. 2011-5681 in Cumberland County. 4. This Order is entered pursuant to an agreement reached by the parties. In the event either party desires to modify this Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, a cc: Nolan B. Meek, Esquire qJP f a Ms. Gayle Taylor (Handy) Q? d JACOB NEIL, Plaintiff v GAYLE TAYLOR (formerly GAYLE HANDY), Defendant PRIOR JUDGE: George E. Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-406 CIVIL ACTION -LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Allison Neil, born November 21, 2000. 2. A Conciliation Conference was held on September 15, 2011, with the following individuals in attendance: The father, Jacob Neil, with his counsel, Nolan B. Meeks, Esquire, and the mother, Gayle Taylor (formerly Gayle Handy). 3. The parties agree to the entry of an Order in the form as attached. Date: September, 2011 Hubert X. Gi y, Esquire Custody C ciliator