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Home My WebLink About05-1475 , MICHAEL R. McFARLAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0"'- 1<l1j./ DANIELLE M. BOYER, Defendant : CIVIL ACTION - LAW : CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, PA 17013 Telephone: (717) 249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si listed desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si listed falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un 1'<1110 por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 Telephone: (717) 249-3166 MICHAELR. McFARLAND, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. () r_ ,'LI,.') : NO. ..)1 DANIELLE M. BOYER, Defendant CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Michael R. McFarland, by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award him custody of the subject minor child, and in support thereto, avers the following: I. Plaintiff is Michael R. McFarland, an adult individual residing at 509 Willow Street, Highspire, Dauphin County, Pennsylvania. 17034. 2. Defendant is Danielle M. Boyer, an adult individual residing at 629 B Street, Enola, Cumberland County, Pennsylvania. 17025. 3. The subject child is Marissa Riley McFarland, born November 2,2002. 4. The relationship of the Plaintiff to the subject minor child is that of natural father. 5. The relationship of the Defendant to the subject minor child is that of natural mother. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, November 2,2002 until February, 2004 - the subject minor child resided at 719 A Valley Street, Marysville, Perry County, Pennsylvania, with Plaintiff and Defendant. b. From February, 2004 until present - the subject minor child resides at 629 B Street, Enola, Cumberland County, Pennsylvania with Defendant as well as her maternal grandparents, Donald and Debra Boyer. 7. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Plaintiff believes and therefore avers that he will be able to be a positive part of the subject minor child life, 10. The Plaintiff believes and therefore respectfully avers that it is in the best interests of the subject minor child that this Honorable Court grants him reasonable, liberal, and frequent periods of partial custody. WHEREFORE, Plaintiff requests this Honorable Court award him reasonable rights of partial custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF SILLIKER & RE D ark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 J.D. No. 33671 Attorney for Michael R. McFarland AFFIDA VIT L /'V1i J,ot.~.J /Z. rrnfcfr larA hereby certify thar the :Jforegoing is [rue and correct to the best of my kno\vledge, information and belief. I underSTand that false statements herein are made subject to the penalties of 18 Pa. C. s. 4909 relating to unsworn falsifications to authorities. Dated: ,~/; 0/05 x #kJ fIl ok, . -p ~ ..... \f-\~ -. ; \YJ , ~ - 10 ....:t (L () -.l r- ~ +J- ~ ~ (j..J ~,,~ ;" '-",:J - c~-; ~ ::-:-1 ...... -1-' i.;'"} t,," {..:.~, I MICHAEL R. MCFARLAND PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI V. 05-1475 CIVIL ACTION LAW DANIELLE M. BOYER DEFFNDANT IN CUSTODY ORDER OF COURT AND NOW, __Wednesday, March 23, 2005__, upon consideration of the attache Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, . the conciliator, at DJ Manlove's, 1901 State Sf., C.m~iII,P A 17011 on ___._1:lIesday-, Apri~~,,~O.OJ,___ ,___ at! 1 :00 AM lor a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is. .es in dispute; or if this cannot be accomplished, to detlne and narrow the issues to be heard by the court, and to enter nto a temporary order. All children age five or older may also be present at the conference. Failure to appear at the nferenee mav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ab e orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin FOR THE COURT. By: ..J.~__Melissa P.Jirec;xy, E~___SL_ Custody Conciliator The Court of Commol1 Pleas of Cumberland County is required by law to comply wi h the Americans with Disabilites Act of 1990. For inlonnation about accessible facilities and reasonable accom odations available to disabled individuals having business before the court, please contact our office. A I arrangements must be made at least 72 hours prior to any hearing or business betore the court. You must an I1d the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. iF YO DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedt()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I 66 / t ' 4t~ ~ r?f ~1/VI i/j~ OW}4 ff '{/ .. ~lS(J h( 'f: ~ fp ?l ~1 ~iL, 5J he[" ~? lr' 15 /1(J"'" i!.&.J p1J 50;,r" f' ,~ ~.,' ). , .-. / "', '., ~/ '.,1 tJ .~, ".d '\c.. C:i';,l'i: ...,,1..;,.. -,.-.,- . RECEIVED MAY 022005::1 4 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1475 CIVIL TERM MICHAEL R. McFARLAND, v. CIVIL ACTION - LAW ~ANIELLE M. BOYER, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this "} ...) day of May, 2005, upon consideration of the attached ustody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Michael R. McFarland and Oanielle M. Boyer, s all have shared legal custody of the minor child, Marissa Riley McFarland, born ovember 2, 2002. Each parent shall have an equal right, to be exercised jointly with the o her parent, to make all major non-emergency decisions affecting the child's general well- bing including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. g5309, each parent shall be entitled to all records and i formation pertaining to the child including, but not limited to, medical, dental, religious or s hool records, the residence address of the child and of the other parent. To the extent o e parent has possession of any such records or information, that parent shall be required t share the same, or copies thereof, with the other parent within such reasonable time as to ake the records and information of reasonable use to the other parent. 2. Phvsical Custodv. Mother shall have primary physical custody subject to F ther's rights of partial custody which shall temporarily be arranged as follows: A. April 27, 2005 from 3:30 p.m. to 7:30 p.m. May 4, 2005, May 6, 2005 and May 7, 2005 from 3:30 p.m. to B. 7:30 p.m. C. Commencing May 11, 2005, each Wednesday, Friday and Sunday from 3:30 p.m. to 7:30 p.m. O. When Father is assigned to the second shift, his periods of custody shall be from 9:00 a.m. to 12:00 p.m. E. Effective May 15, 2005, Father's Sunday periods of custody shall be expanded and shall be from 10:00 a.m. to 6:00 p.m. [r: 4- 1,-- LUC~~: ,:")"'.- i:~:;') , ' (~~,~ DJU- ~1.J.J u-::r: ,-. t1- a ..:1" c:> >- c_ -.";.. ~ . ~ ;a: ) ~. )"- '<:'L ~::J M I (:12 -oS ;,_'.1 0.... >- ,"l: z.: UJ = "'> c.... .,,> '.) o . NO. 05-1475 CIVIL TERM F. Effective June 19,2005, Father's custodial schedule will be from Sunday at 10:00 a.m. to Monday at 10:00 a.m. and each Wednesday and Friday from 9:00 a.m. to 12:00 p.m. 3. Holidavs. The holiday schedule will supersede the regular schedule. A. Christmas. Christmas shall be divided into two segments, Segment A and Se~ment B. Segment A shall be from December 24th at Noon until December 251 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 7:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. 4. Vacation. Mother will provide Father with 30 days written notice of her i tended vacation plans for the summer 2005. Commencing Summer 2006, each parent will b entitled to one (1) week of custody for purposes of Summer vacation. The parties shall p ovide each other with at least a 3D-day notice of their planned vacation time. In the event t at the parties have arranged conflicting schedules for vacation, the party first providing ritten notice to the other party shall have choice of the vacation week. Additionally, the v cationing parent shall provide a telephone number and location where they can be r ached during the vacation. 5. Transportation. Transportation incident to the custodial exchanges shall be s ared by the parties' mutual agreement. 6. Father will notify Mother as early as he may reasonably do so if he is unable to e ercise any period of custody in the schedule enumerated above. 7. Cumberland County Court of Common Pleas retains jurisdiction of this matter. Di t: BY THE COURT: J. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1475 CIVIL TERM MICHAEL R. McFARLAND, v. CIVIL ACTION - LAW OANIELLE M. BOYER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1 15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this Ii igation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF arissa Riley McFarland November 2, 2002 Mother 2. Father filed a Complaint for Child Custody on March 18, 2005. A Custody onciliation Conference was held on April 26, 2005. This was the parties' first conference. P esent for the conference were: the Father, Michael R. McFarland, and his counsel, Mark T Silliker, Esquire; the Mother, Danielle M. Boyer, and her counsel, Kelly Knight, Esquire. 3. ~;;;rt;" ",eoh,d ao a9_oo' ;" 'he lOa:' " attached. Melissa Peel Greevy, Es Custody Conciliator +M I i I \ \ I I EDWARD E. TYSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1475 CIVIL ACTION LAW JENNIFER M. SCHAEFFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Tuesday, July 19, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 al\ existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: Isl Melissa P. Greevy. Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990. 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 HA VE 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 ~ ~ fr :p.~~ ~ 50-['."'; Z ~ ~lL, 50-[".#1 P- ~ ~ -;m; _>0. E' ? \tIl\I'v'^lASNN3d A.iNnQ:"l 0~.Y!'fJ8i^1n::> 00 :ZI Wd 8 - Nor sooz Ab"v'lONQHlOl:ld 3H! :lO 3Jl:J:lo-<J311:J