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HomeMy WebLinkAbout02-2254JOSEPH S. NAILOR : : PLAINTIFF : V. : 02-2254 .. JODIE Y. NAILOR DEFENDANT : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, May 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 05, 2002 at 2:30 PM 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: /s/ Jacqueline M. Verney. 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 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 JOSEPH S. NAILOR, JODIE Y. NAILOR, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 02-o2,15-~/ CIVIL TERM ORDER OF COURT AND NOW, directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2002, at o'clock, 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 2002, upon consideration of the attached Complaint, it is hereby enter into a temloorary 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 THE COURT: 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JOSEPH S. NAILOR, JODIE Y. NAILOR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION ~ LAW : CUSTODY/VISITATION : : NO. 02- ~ ~ 5-V'CIVIL TERM 17050. COMPLAINT FOR CUSTODY 1. The Plaintiffis Joseph S. Nailor, residing at 1959 Randall Road, Enola, Pennsylvania 17025. 2. The Defendant is Jodie Y. Nailor, residing at 4752 Brian Road, Mechanicsburg, Pennsylvania NAME Latesha Ann Nailor Stephen Joseph Nailor 3. Plaintiff seeks custody of the following children: RESIDENCE DOB 1959 Randall Road, Enola, PA 17025 11/5/97 1959 Randall Road, Enola, PA 17025 2/15/91 AGE 14 yrs. 6 mths. 11 yrs. 3 mths. 5. 6. addresses: NAME Joseph and Jodie Nailor Joseph Nailor Jodie Nailor The children were not bom out of wedlock. The children are presently in shared custody. During their lives, the children have resided with the following persons and at the following ADDRESS 19~9 Randall Road, Enola, PA 17025 1959 Randall Road, Enola, PA 17025 4752 Brian Road, Meehanicsburg, PA 17050 DATES Sept. 1997 to Aug. 2001 Aug. 2001 to present Aug. 2001 to present 7. The mother of the child is Jodie Y. Nailor, currently residing at 4752 Brian Road, Mechanicsburg, Pennsylvania 17050. She is unmarried. 8. The father of the child is Joseph S. Nailor, currently residing at 1959 Randall Road, Enola, Pennsylvania 17025. He is unmarried. 9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: His parents, Bruce and Joann Nailor 10. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: None 11. Plamtiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of tho child in this or another court. 12. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff'dons not know ora 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 children will be served by granting the relief requested for the following reasons: A. Plaintiff'is best able to provide the care and nurture which the child needs for healthy development; and B. A Court Order of custody and structured visitation is desired so that the Plamtiffand the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion C. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiffsubject to structured partial custody by the Defendant pending the hearing. Respectfully submitted, 50 East High Street Carlisle, PA 17013 Telephone: (717) Supreme Court ID No. 73471 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. JOSEPH S. NAILOR, JODIE Y. NAILOR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : o2- ~;~s'¥ : NO. 01- CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 22~ day of May, 2002, I, Gregory L. Cutler, attorney for Joseph S. Nailor, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by Defendant, Jodie Y. Nailor on May 18, 2002 indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAW OFFICES OF PAUL BRADFORD ORR Gregory ~,,]Cutler Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 · so that we can return the ( · Attach this card to the or on the front ~ 1. Article Addre~ed ~: ~~ervlae labe/)umber PS Fo~811, Mamh 2~1 ~m~lc R~urn R~ipt EXHIBIT "A" / COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING V$ JENNIFER LEIGH CASSIDY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 0~-~5~? NUMBER: CIVIL 2002 : APPEAL FROM LICENSE SUSPENSION PRELIMINARY ORDER AND NOW this { f- ~%day of t/~? ~ ,2002, upon consideration of the I foregoing Petition for Appeal From Order of the Secretary of Transportation Suspending Operator's License, a hearing is granted de novo to determine whether Petitioner is subject to suspension oe.~s operator's license, ms appeal sh~l act a~ a supe~ea~ oe the S. u~nsion o'clock O,_.m. in Couru'oom No. _. /b'g~iay of (/~__x~. .2002, at /, Fourth Floor, Cumberland County Courthouse. L--~ ' ~ ~rx 'l~S°-~thHan°ver~~C~ Street, Carlisle, Pe;m~ylvania. 3 '~.~.- ~) xJ'~ .. By the Court. JOSEPH S. NAILOR, Plaintiff JODIE Y. NAILOR, Defendant JUN : IN THE COURT OF COMMON PLEAS O~ 002 : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-2254 CIVIL TERM : IN CUSTODY ORDER OF COURT. AND NOW, this ,~r~ day of~ ,2002, upon consideration of the attached Custody Concmauun Report, it is 0}dered and directed as follows: 1. A Hearing is scheduled in Court Room No. '~ , of the Crib, ~berland County Court House, on the /,~ day of o'clock, tt~ · M., at which time testimony wil--i~e 6[ken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each arty's position on custody, a list of witnesses who will P be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Joseph S. Nailor, and the Mother, Jodie Y. Nailor shall have shared legal custody of Latesha Ann Nallor, bom November 5, 1987 and Stephen Joseph Nailor, born February 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Father shall have primary physical custody of the children. 5. Mother shall have periods of partial physical custody on alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. beginning July 5, 2002. Mother shall also have such times as the parties agree. 6. Father shall be responsible for all transportation. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Gregory L. Cutler, counsel for Father Jodie Y. Nailor, pro se 4752 Brian Road Mechanicsburg, PA 17050 JOSEPH S. NAILOR, Plaintiff JODIE Y. NAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-2254 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Latesha Ann Nailor Stephen Joseph Nallor DATE OF BIRTH November 5, 1987 February 15, 1991 CURRENTLY IN CUSTODY OF, Father Father 2. A Conciliation Conference was held June 25, 2002 with the following individuals in attendance: The Father, Joseph S. Nailor, with his counsel, Gregory L. Cutler, Esquire, and the Mother, Jodie Y. Nailor, pro se. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of both children, believing that the children should not be separated. He would agree to Mother having alternating weekends with the children. 4. Mother's position on custody is as follows: Mother asserts that her daughter has expressed a strong preference to live with her and her son has expressed a strong preference to live with Father. Mother was up to recently a full time college student with only 10 more weeks to receiving her dental assistant diploma. However due to recent financial difficulties, she has dropped out of school and expects to be evicted from her apartment. Because of her financial problems, Mother has let the children live with Father since May, 2002. Previously, the parties had a shared physical custody arrangement. Although, Mother would like primary physical custody of both children, she is willing to honor the children's preferences, which would result in splitting up the children during the school year. She would agree to a shared arrangement during the summer. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, with Father having primary physical custody and Mother having alternating weekends. It is expected that the Heating will require one half day. Date JOSEPH S. NAILOR, PLAINTIFF V. JODIE Y. NAILOR, DEFENDANT AND NOW, this · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 02-2254 CIVIL TERM ORDER OF COURT day of August, 2002, this matter having been called for a hearing, and the parents having reached an agreement for the entry of a custody order regarding their children, Latesha Nailor, born November 5, 1987, and Stephen Nailor, born February 15, 1991, the following order is entered: (1) The temporary order dated July 3, 2002, IS VACATED. (2) The father shall have primary legal and physical custody of Latesha and Stephen. (3) The mother shall have temporary physical custody and Latesha and Stephen one weekend a month from 6:00 p·m. on Friday until 6:00 p.m. on Sunday. (4) Custody during holidays will be agreed by the parents. (5) The mother shall have additional periods of temporary physical custody as agreed by the parties. (6) Transportation of the children shall be agreed by the parents. (7) Jurisdiction is retained· Edgar B. Ba~yle Gregory L. Cutler, Esquire For Plaintiff Jodie Y. Nailor, Pm se c/o Robert Cassel 12 E. Front Street Shiremanstown, PA 17011 :saa