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Home My WebLink About04-5021 MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY LA WRENCE FAILOR, JR., Defendant : NO. 04- .s~l CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY LA WRENCE FAILOR, JR., Defendant : NO. 04- SU>I CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. l$~330J(c) and 330J(d) OF THE DIVORCE CODE COUNT I. DIVORCE The plaintiff, Melissa Failor, by her attorneys, the Family Law Clinic, sets forth the following cause of action: I. Plaintiff is Melissa Failor, who currently resides at 40 West Green Street, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Lawrence Failor, Jr., who currently resides at 65 North Middletown Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 22, 2002, in Indiana, Indiana County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since July 2003. 6, There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks primary physical custody and shared legal custody of the following child: Name Present Address Date of Birth Miles Nathaniel Failor 65 North Middleton Road Carlisle, P A 6/13/02 The child is presently in the custody of Lawrence Failor, Jr., who resides at 65 North Middleton Road, Carlisle, Cumberland County, Pennsylvania, 17013. Since birth, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Father, Lawrence Failor, Sr. (paternal grandfather), Josh Failor (half-brother), Duane Failor (half- brother), Jessie Failor (half-sister), Jessie Failor's boyfriend, Jesse, Sarah (aunt), and Sarah's 3 children (cousins) 65 North Middleton Rd Carlisle, P A August 2003- present Father, Josh Failor (half-brother), Charles Hollmon (uncle), Charlotte Bair (maternal great-grandmother) Indiana, P A July 2003- August 2003 Mother, Father, Seneca Finkey (half-sister), Josh Failor (half-brother), Charles Hollmon (uncle), Clymer, PA Charlotte Bair (maternal great-grandmother) B irth- July 2003 11. The relationship of the plaintiff to the child is that of Mother. She is married. She currently resides with the following persons: Name Relationship Seneca Finkey Daughter 12. The relationship of the defendant to the child is that of Father. He is married. He currently resides with the following persons: Name Relationship Lawrence Failor, Sr. Josh Failor Duane Failor Jessie Failor Jesse Sarah Sarah's 3 children Father Son Son Daughter Daughter's boyfriend Sister Nieces and nephews 13. The 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 or any other state. Plaintiff 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 child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Since the parties separated in July 2003, Defendant has not allowed Plaintiff to see the child alone, without him being present. As a result, Plaintiff has not seen the child for longer than an hour at a time since July 2003. b) Defendant has refused to answer or return Plaintiff s phone calls about the child. c) Plaintiff has not been allowed to see the child since April 2004. d) Plaintiff has made repeated attempts to see the child in the form of phone calls to Defendant and notes on Defendant's car and through the mail in attempts to make arrangements to see the child. Defendant has repeatedly rebuffed these attempts and continues to keep the child from Plaintiff. e) Prior to separation, Plaintiff was the child's primary caregiver. f) Defendant's family has put up no trespassing signs on their property and do not allow Plaintiff on the property to see the child. g) Plaintiff wishes to reestablish a relationship with her child. 15. 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, Plaintiff requests the court grant her primary physical custody and shared legal custody over the child, and grant periods of partial custody to Defendant. Date: q\ III \0-{ C lV.,; ^~'/[) ~~. Sa age Certified Legal InternO. \ '1/U~. ~ t.~~RT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 VERIFICATION I verify that the statements made in this Divorce 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 unsworn falsification to authorities. Date: 9-1%'\ ~ ~ ~~\(}\. Melissa Failor, Plaintiff MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY LA WRENCE FAILOR, JR., Defendant : NO. 04- S6.).( CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Melissa Failor, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Dat~ 2~ 2IXJf ( Abigai .W. alawage Certified Legal Intern ~.~ THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 MELISSA FAILOR PLAINTIFF IN 'IRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 04-5021 CIVIL ACTION LAW LAWRENCE FAILOR, JR, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betoreJacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 09, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflo.rt 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 Jacqueline M. Verney, Esq. Custody Conciliator mhc 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 'IRE 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 .~ ~r ~ ~~ /70,,$/0/ ,-* ~ ~ ~u, Ii()p/ rll "7 ;:1" .~?- ~ ~'P7 :4(/'~/- 0( (1"" :7 i).1 >1 I ~ '--J 11::~~' 'wI:J \.J ".'., '., I _"d. v;JV -:1' ''i, :.,,\1 ::'....- MELISSA FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2004-5021 CIVIL TERM IN CUSTODY LAWRENCE FAILOR, JR., Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, LAWRENCE FAILOR, JR., in the above captioned case. Respectfully submitted, By: Marcus . McKnig t, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: October 28, 2004 . MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW v. NO. 2004.5021 CIVIL TERM IN CUSTODY LAWRENCE FAILOR, JR., Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert E. Rains Thomas M, Place Anne Macdonald -Fox Lucy Johnston-Walsh Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus A McKnigh , squire 60 West omfret Street Carlisle, A 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 28, 2004 () ;~j;;{~ -.c: ;,,: ~c> :'i~F: ):"S;:~I < ~.'.I -< ....., "'~ = ..... o C"") -., I'\) 0,) "'0 ::1: C:".l o -,.., 5!::n il'~ "'::Jrn ~~)Cl 0): ~j >,} .,1_ I Q:JJ :;?Q 0'" ;;---t ~'55 --< a .&:- MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY LAWRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities), the undersigned verifies that Charlene J. Aquilina mailed a true copy of the Divorce Complaint with Custody Count on the Defendant by placing the same in the U.S, Mail, certified no. 7003 3110 0004 5774 2259, restricted delivery, return receipt requested, postage prepaid, on the 22nd day of October, 2004 addressed as follows: Lawrence Failor, Jr. 65 North Middleton Road Carlisle, P A 17013 Sender's receipt no. 7003 3110 0004 57742259 is attached hereto and incorporated by reference. On the 27th day of October, 2004, green return receipt ltlo. 7003 3110 0004 5774 2259 was delivered to the Family Law Clinic, bearing the signature Lawrence M. Failor and showing a date of service of October 23, 2004. The return receipt is attached hereto and incorporated by reference. Date: l\I4-1 ()4- Charlene 1. A ili Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 + . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return tl'ftf w_, 4.to.. you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: . leI.. Lur-cnie_ (Ql \oy \ .Jr. L&'S ~()~ f\\JM~ ~. C!.l-.( \\~ \~ \ VA \'10 \3 2. C. Signature x t t Return~_pt A' ~.") 'tied . ~... . 3. Service Type ~ified Mail. 0 Express Mail o Registered~eturn Receipt for M9I'Chandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ):a::~es 7003 3110 0004 5774 2259 102595-99-M-1789 PS Form 3811, July 1999 Domestic Return Receipt ~... """" ....",. (') ....:) C l".:'.::'? Ci C':'::1 _'".,c ...1:.- -1'1 -1..... --1 0 ::-r: ":;'\ ,. ~:.: rn?' ~'.:rl I -arr ,J;:'"' f1;~ -V .' 3: '- . C~ .r- Z =< 0 :~ (;.:) ~.< DEe 1 0 2004Y '0 MELISSA FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW LAWRENCE FAILOR, JR., Defendant NO. 04-5021 IN CUSTODY COURT ORDER AND NOW, this ~day of December, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as folllows: 1. The mother, Melissa Failor, and the father, Lawrenc(~ Failor, Jr., shall enjoy shared legal custody of Miles Nathaniel Failor, born June 13, 2002. 2, The father shall enjoy primary physical custody of the minor child. The mother shall enjoy periods of temporary physical custody of the minor child as follows: a, On the weekend of December 11 t\ on Saturday and Sunday from 9 a.m. until 5 p,m, b. On the weekend of December 25th, from noon on December 25th through 5 p.m, on December 26th. c. On the Weekend of January 8th, from January 8th at 9 a.m. until January 9th at 6 p.m. d. Starting the weekend of January 25t\ from Friday on that weekend at 6 p.m, until Sunday 6 p.m., with the weekends to alternate on th:!lt schedule thereafter, e. At such other times as the parties may agree. 3, The parties shall meet again with the Custody Conciliator on Friday, February 10, 2004, at 9:30 a.m. At that Conciliation Conference, the parties will address the issue of a permanent custody order in this case, In the event that the parties are able to reach an agreement on a permanent order, legal counsel for the parties may contact the Conciliator in advance to cancel this Conciliation Conff~rence. 4, In the event there are any problems in connection with this visitation schedule, legal counsel for either party may contact the Conciliator directly prior to the above scheduled conference to have a telephone conference with the Conciliator. 5. Father will handle transportation for exchange of custody unless agreed otherwise by the parties. " cc: Marcus McKnight, Esquire Charlene Aquilina, Dickinson School of Law Family Law Clinic ~ /:J. ,/(,.0 'f ~~ .........."--\ ~) /\L'\ ' " l", (' J '-,'.''"1 h" 1 U ;'1 >:.;j ,:, ,_cd IJ~.~ " /' 2.." .~.'_, "....1 , ~ ~::-rl _I MELISSA FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTIO:S - LAW LAWRENCE FAILOR, JR., Defendant NO. 04-5021 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Miles Nathaniel Failor, born June 13, 2002. 2. A Conciliation Conference was held on December 3, 2004, with the following individuals in attendance: The Mother, Melissa Failor, with her counsel, Charlene Aquilina of the Dickinson School of Law Family Law Clinic, and the father, Lawrence Failor, Jr., with his counsel, Marcus McKnight, Esquire. 3. The parties agree to the entry of an order in the form as attached. Id- B- aq DATE ~!;/l Hubert X. Gilr~ Esquire Custody Correili~tor MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION-LAW : IN DIVORCE LAWRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM AFFIDAVIT OF CONSENT: 4. A complaint in divorce under g3301(c) ofthe Divorce Code was filed on October 5, 2004. 5. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 6. I consent to the entry of a final decree of divorce aftl~r service of notice of intention to request entry of the decree. Verification I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsifications to authorities. Date: ;)-JO- cS ';;;(OI'J-lCAUg ~i-lr/}& Lawrence Failor, Jr., Defe ant MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU]\fTY, PENNSYLVANIA VI. : CIVIL ACTION-LAW : DIVORCE LAWRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER IS 3301(c) OF THE DIVORCE CODE I. I consent to lhe entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grantt:d. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 POl.C.S. 94904, relating to unsworn falsifications to authorities. Date: ;) -If) -O~ c1CLl.tYtJ!JUO ~i~ Lawrence Failor, Jr., dant Fr.:B 1 'I' ?i!n< J ";\- [.. '. ~.( 'J MELISSA FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LAWRENCE FAILOR, JR., Defendant NO. 04-5021 IN CUSTODY COURT ORDER AND NOW, this ~ day of February, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of December 15, 2004 is vacated and replaced with the following Order: 1. The Mother, Melissa Failor, and the Father, Lawrence Failor, Jr., shall enjoy shared legal custody of Miles Nathaniel Failor, horn June 13, 2002. 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 as follows: a. On alternating weekends from Friday at 6 p.m. until Monday morning at 7 a.m. b. At such other times as agreed upon by the parties. 4. For the summer months, Mother shall also enjoy three non-consecutive weeks of vacation time with the minor child, tentatively to be one week in June, one week in July and one week in August. Mother shall notify Father on or about May 1 of each year as to when she will exercise the summer vacation time. 5. The parties shall arrange custody on all major holidays such that the parties either share or alternate custody of the minor child at that time pursuant to a schedule as agreed upon by the parties. Additionally, Father shall always have custody of the child on Father's Day and Mother shall always have custody of the child on Mother's Day. 6. The parties may modify this custody schedule as they agree. Absent an agreement of the parties, this Order shall control. 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. 7. Father will continue to handle transportation for exchange of custody unless agreed otherwise by the parties. 8. Neither party shall consume or be under the influence of alcohol during such times as they may be transporting the minor child or in any other situation with the minor child that would cause jeopardy to the child. I cc~)"'cus McKnight, Esquire parlene Aquilina, Dickinson School of Law Family Law Clinic MELISSA FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW LAWRENCE FAILOR, JR., Defendant NO. 04-5021 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Conciliator got together with the parties and their attorneys again and the parties agree to the entry of an order in the form as attached. .J. -I It ~ 0 ~ DATE arJ~ Hubert X. Gilroy, Esquir Custody Conciliator MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : IN DIVORCE LAWRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM AFFIDAVIT OF CONSENT I. A complaint in divorce under 9330I(c) of the Divorce Code was filed on October 5,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. Verification I verify that the statements made in this affidavit are true and correct. I wlderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsifications to authorities. Date: 'f -(., -tiS- 1.7" '. '~~ ;; lL&,},,-. )i, Jl-a y, Melissa Failor, Plaintiff ..-., C::;:) C;:;l c.n ;0" -0 :::CI o -n .-1 -::T:-.,-; :-n;:~, ~g~~1 N '!? Ul cr' MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v!. : CIVIL ACTION-LAW : DIVORCE LAWRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit 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 falsifications to authorities. Date: i./-6rt)y (J'?,k'", ~. ~, Melissa Failor, Plaintiff () ~~ ~o c.:> c;j <;:../"1 v- -0 :::0 N -'(J (,,) (.J1 0"\ - I . - MELISSA FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION-LAW DIVORCE LA WRENCE FAILOR, JR., Defendant : NO. 04-5021 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Mutual Consent divorce under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant, Lawrence Failor, Jr., by certified mail, restricted delivery, return receipt requested, Service was complete upon receipt by Defendant on October 23,2004. 3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code by Plaintiff - April 6,2005; by Defendant - February 10, 2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: April 12, 2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: February 10,2005. . Date Lf II q( O'J F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 r-:'\ ,-', c;-:J :0(, '~}. .':".:\ c.5'\ ~~.:. o~ :r:~'" '-0 -;v - '" , ' "'~';' ~. ~ . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . ~ . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+:+:+.:+. .. . .. .~ ~:+.:+::+:+.:+.:++.:+.:+.+.:+ :+.:+.:+.:+.+:+.:+.:+.:+;:+.:+;:+. :+.:+.:+;:+.;+.:+. +.+:+.+:+.:+.:+.+:+.:+.++:+:++:+:+:++ :+. '+':+ +:+.:+: +. +:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MELISSA FAILOR, PLAINTIFF No. 04-5021 VERSUS LAWRENCE FAILOR, JR. , DEFENDANT DECREE IN DIVORCE AND NOW'~\ "...-- ~:) --z:::>oc , IT IS ORDERED AND DECREED THAT MELISSA FAILOR , PLAINTIFF, AND LAWRENCE FAILOR, , DEFENDANT, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE . . . . . . . . . . . . . . . . . . . . . Of:+. 'to +.:+ Of':+ Of:+ +.+ "'" .' BY TI(1 COURT: ATTEST:~'Z. ' .~ J. , ~~ P"OHWNOT^"' +:+.+ ++:+++:+.++.+ ++ :+++'f:+Cf+:+:++,+, Of' Of. Of. +:+ +.:+: 'f :++:+.+++:++.+++.++:+:+:++++++:+ . . . . . . . . . . . . ~ . . ~ . . . . . . . . ~ ~ ~ . . . . . . . . . . . . /1 )::~,)Y';/ r 'J- ff"1fr'4 p-r~"JYi-, c;? rC J, 7 ~ ~ ?~ trJ:;"~ ~ 'fY) ):/ ie' 11 . MELISSA S. FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE LAWRENCE FAILOR, JR" Defendant : NO. 04-5021 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted divorced from the bonds of matrimony on the 20th day of April, 2005, hereby elects to retake and hereafter use her previous name of Melissa S. Oswalt and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa. .S. S704. Wishes To Be Known As: Me!' a S. Failor ~j~. M IS sa S. Oswalt COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 28th day of September, 2005, before me, a Notary Public, personally appeared Melissa S. Failor, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ( ;/ I 'I . " L /' ' /c Y?/!/iC) \L " ({(j v NOT AR BLIC NOlaf'3i(>::al Laurie L. Wolf, Notary Public South Middleton Twp., Cumberland Cou"',, My Commission Expires Jan. 7, 2m.'} . r,}',.:,rnbsr, Pennsviv2n:a 1",::::::')~,'~llioil (} 1\.' "" C:::'I '"---" ~ \:) 4' Cf'1 0 C"-:' ::po. , -j V'\ '6 f\..) ~ ::L:. -V -D ;>>- ~ ~ -- '9-J .. .- \.,C:, - -'-- ~ ""'? ~