Loading...
HomeMy WebLinkAbout95-04352 1'0 Q :s 0 Co', "I) ....', :'1-': ., .l.l(;'. ';';> ,1'-i:1'] t1)/:i, .,,-.; 'n,~ '" ='-':f. -- (n,.;': .1:- )$ I ,. r.. ~ " !..~ I.., ~: '. :J '_ ,)":1 J'''r'/ ~, '_-0 ~"'~ i.: J == ,-jn,1 ...,~; J .. ::.:-. ~ .,.... :':J ~ .... t1' " I, , ' W,,""',\:,?NI'I?d 'U~''''''''''r i.' " 1"1" ,'1/"" I\.. ,I" -, ..'., . . ,; k} l'll rt,II.1 ..1 II\,.! ., I 'I "I fr' I", ",1.. '..) )' "'I ,,' " .,1.:;), !_.,' \1....1"" ,l... , .~i~) I,:L; l~; '-u.~.::~ ;'r) JAMES FAILOR, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUN'IY,PENNSYLVANIA , , vs. : CIVIL ACTION - LAW : NO. 95-4352 CIVIL TERM SUSAN D. SMITH, : Defendant: CUSTODY/VISITATION AFFIDAVIT OF SERVICE JAMES FAD..OR. SR. pleintift' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUN1Y, PENNSYL V,ANIA, : CIVIL ACflON . LAW .. ..~ 'T I" " ) : CUSTODYNISITATlON . .. ,) ,.' VI. SUSAN D. SMITH, Defendant : NO. 95-4352 CIVIL TERM .". ORDER OF COURT AND NOW. this d.3 day of ,~ji",.& . 1997, upon consideration of the attl('hM Complaint, it is hereby directed that the parties and their respective COl.nMl appearbeCore -ILk. / ) .'jj'f;~ Cf.tbe Conciliator, I! 1"-' #'!iI' .'V't""'~" ~~ Cumber1aDd County Counhouse, on the It) day of {~-tl'-:, . 1997. I! It'cJO o'clo<:k Q.,.m. for a pre-hearins 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 iSlUes to be heard by the Court, and to enter into s temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. FOR TIlE COURT, / By: I ....;. ,~.;/ Y' " J./" ~ Custody Conciliator (r/));'~ t ' YOU SHOUlD TAKE nus PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. omCE OF THE COURT ADMINISTRATOR Cumberland COUDty Courthouse Fourth Floor Csrlille, PA 17013 (717) 240-6200 .., t-' 11 -J I --n , , " , "'=rJ 1-, '" " , ;.:) , )ill -, I' :.0 -< ., oJ , ,v JAMES FAILOR, SR. PlaintitT : IN 1HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Clvn. ACTION. LAW VI. : CUSTODYIVISITATION SUSAN D. SMITII, Defendant : NO. 954352 CIVU. TERM PETITION FOR MOQDlCATION 0' CUS19DY 1. Your Petitioner is the above IIIIIIed Plaintiff; Junes FIiIor, Sr. an IduIt iDdIviduU currently residing at 1030 Wayne Avenue, Apanmatt 8, CarIiIle, CUIIIberlaIId COWIty, Pennsylvania. 2. Your Respondent is the above named Defendant, Susan D. Smith, In adult iadividual who, U of September 20, 1997, is residing at 270 McCallister Church Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents ofDru Michael Smith, born March 27, 1994. 4. The parties are subject to a consent Agreement and Order of Court entered on AullUst 18, 1995 relative to custody of their child, a copy of said Order being attached hereto and incorporsted herein by reference as Exhibit .. A". 5. Since the entry of the Court's prior Order in this matter, the child hu resided at tbe foUowing places with the fcUowing individuals for tbe foUowing periods of time: Susan D. Smith Brian Pieft'er 22 East Street Apt.3 Mt. HoUy Springs. PA Aug. 1995. Nov. 1995 Susan D. Smith Brian Pieffer 69 Betty Nelson Court Lot II Unknown Carlisle, P A 69 Betty Nelson Court Lot 11119 Carlisle, PA Nov. 1995. Nov. 1996 Susan D. Smith Brian Pieft'er Nov. 1996. JIIIIt 23, 1997 Junes Failor, Sr. Shannon Fuhrman 1030 Wayne Avenue Carlisle, PA June 23, 1997 to Present In addition, for the period from AuSUst 7, 1995 to Ausust 13, 1995, and Ipin from November 14, 1995 to December 4, 1995, the child resided with Petitioner and his fiance at the above address while Mother was incarcersted in the Cumberland County Prison. 6. It is in the best interest and pennanent welfare of the child to modify the Court's Order of August 18, 1995 relative to custody for the foUowinS rea:lOns: (A) Since the entry of the prior Order, the Respondent has been arrested on additional c1wses and spent an additional period of time in the Cumberland County Prison, durinS which time Petitioner retained physical custody of the child. (8) The Respondent is extremely rough in IwIdlinS her child and, in fact, has been physically abusive toward the child in front of the Petitioner and in front of other witnesses, causins the child to be fearful of her, (C) On various occasions, Respondent has uked Petitioner to usist her to provide for even the most basic needs of the child, includins providins for meals and providins money beyond the support that is paid by Petitioner to the Defendant through the Cumberland County Domestic Relations Office, (0) The Respondent consistently swears and curses at the child and to the child in an anlP'Y and demeanins manner, which has caused the child to be quiet, reserved and backward. (E) Since the enlry of the Court', prior Order slightly over two years 180, the Respondent has had four dift'erent residellCCl, providinl In UIIItabIe environment for the child, (F) Respondent has failed to provide for the child's most basic needs, includins medical needs and the like. 7. On June 16, 1997, Respondent requested that Petitioner usume primary physical custody of the child and, in return, Respondent would have Father's partial custody rights set forth in paragraph 3 of the Court's Order of August 18, 1995. 8. Since that time, Respondent has had primary physical custody of the child, during which time the child has flourished in his home environment with Petitioner and his fiance aDd also with the child-care providers whom the P:titioner bas retained to care for the child. 9. Petitioner and his fiance have a child, namely, James P. Failor, Jr., born July 23, 1995, and the two children have become extremely close siblings. 10. It is in the best interest and permanent welfare of the child to affirm the present custody arrangement, which was entered into by verbal agreement between the parties. WHEREFORE, Petitioner requests your Honorable Court to grant him primary physical custody of the child, RespectfuUy submitted, GRIFFIE &: ASSOCIATES ~ 200 North Hanover Street Carlisle, PA 17013 (717) 243.5551 (800) 34".5SS2 '. " JAMES FAILOR, SR" Plaintiff , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4352 CIVIL TERM , , v. SUSAN D. SMITH, Defendant CONSENT AGREEMENT This Agre..ment i. entered on thi a Ii" day of August, 1995, by the plaintiff, Jame. Failor, Sr" and the defendant, Susan D, Smith. The plaintiff i. represented by Walter L, Cre..ler, Jr., and the defendant is represented by Jane Muller-Peteraon of Legal Servicee, Inc, 1. The defendant and the plaintiff agr.e to the entry of an Order providing for the following custody arrangements for their child pending further order of court: a. The partie. will have shared legal custody of the child, b. The mother will have primary physical custOdy of the ch il d . c. TM. father w!l! have partial cu~~~1y ~f ,he child every other weekend from Friday at 5:30 p.m. until Sunday at 8:00 p.m. On alternating weekends the father will have partial custody from Saturday at 12:30 p.m. until Sunday at 8:00 p,m, d. The father will be informed immedilt.ly if the mother ;0.. to Jailor i. unavailable to clre for the child, and the father will have primary physical custody for any period durin; which the mother I. !.,~ " , JAMES FAILOR, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW vs. : CUSTODYNISITATlON SUSAN O. SMITH, Defendant : NO. 95.4352 CIVIL TERM QRDER OF COURT AND NOW, this day of September, 1997, upon presentation Uld consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that the Court's Order of August 18, 1995, relative to custody of Dru Michael Smith, born March 27, 1994, is hereby vacated, Plaintiff, James Failor, Sr,. is hereby awarded primary physical custody of the child pending fillther Order of Court or agreement of the parties, DefendUlt, Susan 0, Smith, is awarded periods of temporary or partial physical custody with the child every other weekend from 5:30 p,m, on Friday evening until 8:00 p,m, on Sunday evening and at other times as the parties may agree, This Order is entered without prejudice to the Defendant. Susan D, Smith, to present a Petition to modifY the provisions of this Order. BY THE COURT, 1. Wesley Oler, Jr., Judge JAMES FAD..OR, SR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW CUSTODYNISIT AnON vs. SUSAN D, SMITH, Defendant NO, 95.4352 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.'. NO, 1915.13 AND NOW, comes Petitioner, James Failor, Sr" by and through his counsel of record, Bradley L. Griffie, Esquire. and petitions the Court as foUows: I. Your Petitioner is James Failor, Sr" an adult individual currently residing at 1030 Wayne Avenue, Apartment B, Carlisle, Cumberland County, Pennsylvania, 2, Your Respondent is Susan D, Smith, an adult individual currently residing at 270 McCallister Church Road, Carlisle, Cumberland County, Pennsylvania, 3, The parties are the natural parents of a child, namely, Dru Michael Smith, born March 27, 1994, 4, The parties are subject to an Order of Court dated August 18, 1995, which is attached hereto and incorporated herein by reference as Exhibit" An. 5, The parties entered into an oral agreement on June 16, 1997 providing for physical custody of the child to be transferred from Respondent to Petitioner, which transfer occurred on June 23, 1997, 6. Since that time. the child has been in the Petitioner's primary physical custody. 7. Since the time of transfer of primary physical custody to Petitioner, Respondent has retained rights of temporary or partial physical custody in the child pursuant to the rights awarded to Petitioner in paragraph 3 of the aforementioned Order, 8. On various occasions, Respondent has failed to secure her periods of physical custody with the child, despite the parties' agreement allowing her to do so, both by failing to see the child at all or by simply allowing other members of her family to retain custody of the child during her period of physical custody. 9. Respondent has shown, through her lifestyle, an inability to provide the appropriate stability that the child needs, both relative to his physical stability, his mental and emotional well-being and the like, which is evidenced by the fact that she has had four residences in the past two years since the entry of the Court's Order of Augustl8, 1995, 10, On June 16, 1997, Respondent requested that Petitioner take primary physical custody of the child due to the fact that Respondent needed to "get her life in order" , 11, Petitioner believes that he is better able to provide for the needs of the child and quickly accepted Respondent's otTer for him to take primary physical custody, 12. This is approximately the third occasion during this young child's life that Respondent has asked Petitioner to take physical custody of the child, due to her inability to keep her life "in order", 13, The child has had an excellent routine since June 23, 1995, going to the same child.care provider, as does his step.brother, James p, Failor, Jr. (DOB- July 23, 1995). 14. Petitioner and his fiance, Shannon Fuhrman, are both employed and provide an appropriate home life for the child, seeing to the child's emotional, educational, mental and material well.being. 15. In the past, Respondent has failed to see to the medical needs of the child. 16, In the past, Respondent has been physically abusive toward the child, physically correcting the child with corporal punishment, and causing the child to be fearful of being struck by Respondent. 17. During the past three months when the child has been in Petitioner's prillWY physical custody. the child has t10urished emotionally, mentally, educationally and socially, 18, Respondent has advised Petitioner that she wishes to take primary physical custody of the child back so that the parties would simply begin abiding by the Court's Order of August 18, 1995, 19, For the various reasons set forth above, Petitioner believes and, therefore, avers that it is not in the child's best interest to be returned to the Respondent's primary physical custody, 20. Despite wishing to have primary physical custody, Respondent has indicated that she would wish to have the Petitioner see to the child's routine day.care or baby-sitting responsibilities whereby Respondent would cause the child to arise early in the morning and deliver the child to the maternal grandmother, st which time Petitioner's fiance would pick the child up and take the child to the same child.care provider who Petitioner and his fiance have been using for the child. 21. Because of a conflict that was created by the Respondent with the child-care provider, the Respondent is not permitted at the residence of the child-care provider, 22, The scenario that Respundent has suggested relative to the Petitioner and his fiance being responsible for picking the child up early in the morning and taking him to the child.care provider, picking the child up from the child.care provider at the end of the workday and keeping the child until the evening when Respondent returns from work, is not in Ihe child's best interest for the reasons set forth above, 23, Petitioner has filed a Petition to modifY the Court's Order of August 18, 1995 based upon the present status quo that has existed for more than three months and based upon the best interest and permanent welfare of the child. I verilY thst the statements made in the foregoing document are true and correct. I understand thst false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities, DATE: JAMES FAILOR, SR. " ""'1. _ ...... .. CoInn -... ........ no-.. ..... GRIFFIE & ASSOCIATES Attorneys and Counselors At Law *1'1...____ ClutIoIo,'A I7IU (7IT) JG..IIII I~M_ 'AlEnUG MIiI ... J. GooMIa 0-. U~..r September 24, 1997 ~. ...... ,.-..... [' .... _14 "-*..._ - ........A lma (7IT) UI.UIlI i. . ....,... ~ Susan Smith 270 McCallister Church Road Carlisle, PA 17013 RE: Custody Proceedings Dear Ms. Smith: Please be advised that I represent JlII1Ies Failor, Sr. relative to his legal matters. Attached hereto please find a Petition for Modification of Custody, which I 6Jed on his behalf. Please note that a conciliation has been scheduled for October 10, 1997 at 10:00 a.m. I have a conflict in my schedule and, therefore, will be requesting that this matter be continued to a later time and date, Notification of the modified time will be forwarded to you, In addition, please be advised that I will be filing the enclosed Petition for Special Relief with Judge Oler at approximately 3:00 p,m, on Friday afternoon, September 26, 1997. We are asking that the old Order that was in effect be vacated so that an Order can be entered to provide for tenns of custody that have been f'oUowed by you and Mr. Failor for at least the past three months, If you wish to oppose this Petition or if you have legal counsel who you wish to have attend the presentation of this Petition, I suggest you have them contact me so that notification can be made to the Court that you or your attorney will be present at the time we 6Je the Petition, I, in fact, will be in court in another courtroom Friday afternoon and will ask the Court for the opportunity to take a break at 300 in order to present this Petition to Judge Oler, Your attention in these matters is appreciated, BLGI~I Enclosure cc: James Failor, Sr. ~~0 . Griffie, Esquir. " I.") \D (') C _I "It n.. <:::) I "1'~ i'." ,~ ,. '-,..1. ,.-< , ",;1.) , I ~ I 1 , "1 , I" , ) '''"J " , ;, , ',J ,I'" W' ,/1'\ .. I -;. ,.) jJ ...j ."< JAMES FAILOR, SR., Plaintif f IN THE COUHT Or' COI'WIGI'! L'La:;,,::; ()r' CUl'laEnL~UD COUI"l"!, PELw::lYLVnllIh I I I I I I I v. CIVIL AC'l'IOl, - LAII SUSAN D. SMITH, Defendant NO. 95-4352 CIVIL TERM AND NOW, this 'l ORDER OF COUR'I' tl.. '~day of September, 1997, upon conaider~~ign of Plaintiff's Petition for Special Rali~i Pur~uan~ ~o Pa. R.C.P, No, 1915,13, and following a conference in Ch<ullb..rs in Ilhlch Plaintiff was represented by Bradley L. Griffie, Esq., and Defendant was represented by Joan Car.y, Eaq., the p.ti~ion is referred to the custody conciliation conierence. BY THE CQUR'r, J, Bradley L, Griffie, Esq, 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff , ~ .,/)tJ/9l ~ () ,.J., '1'. - Joan Carey, Esq, Legal Services, Inc. e Irvine Row Carlisle, PA 17013 Attorney for Defendant :rc ~-:"l .r> rl'l -l 'n .1 '11' l'rl1 .J '.' , ~!r1 ." ";J -.., !~r , ,J . (~ ~'. ) .h , ) ';,t ::) :-;'j ", ~1;' , .' ..~ JAMES FAILOR, SR. Plaintiff ~EP ~ Ii 1997, : IN TIlE COURT OF COMMON PLEAS oV : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW VI. : CUSTODYNlSITATION SUSAN D, SMITH, Defendant : NO, 95-4352 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 1997, upon presentation and consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that the Court's Order of August 18, 1995, relative to custody of Dru Michael Smith, born March 27, 1994, is hereby vacated. Plaintiff, James Failor, Sr., is hereby awarded primary physical custody of the child pending further Order of Court or agreement of the parties. Defendant, Susan D. Smith, il awarded periodl of temporary or partisl physical custody with the child every other weekend from 5:30 p.m, on Friday evening until 8:00 p,m. on Sunday evening and at other times u the parties may agree, This Order is entered without prejudice to the Defendant, Susan D. Smith, to present a Petition to modify the provisions of this Order. BY THE COURT, J. Wesley Oler, Jr., Judae lAMES FAILOR, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW vs, : CUSTODYNlSITATION SUSAN D. SMITH, Ocfendant : NO, 9S-4352 CIVIL TERM PETITION FOR SPECIAL RELp:~ PUR3tlANT TO 'A-RoC.', NO, 19~~,J3 AND NOW, comes Petitioner, James Failor, Sr., by and throuah hi, counaeI or record, Bradley L. Griffie, Esquire, and petitions the Court u follow.: 1. Your Petitioner is Junes Failor, Sr., an adult individual currently residing ,t 1030 Wayne Avenue, Apartment B, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Susan D. Smith, an adult individual currently residing at 270 McCallister Church Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the nstural parents of a child, namely, Dru Michael Smith, born March 27, 1994. 4. The parties are llUbject to an Order of Court dated August 18, 1995, which is attached hereto and incorporated herein by reference u Exhibit "A". 5. The parties entered into an oral agreement on June 16, 1997 providing for physical custody of the child to be tranU'erred from Respondent to Petitioner, which transfer occurred on June 23, 1997, 6. Since that time, the child hu been in the Petitioner', primary phyaical cuttody. 7. Since the time of trllllfer of primary phylical cu.tody to Petitioner, Respondent has retained ri&hts of temporuy or partial phylical cu.tody in the child pursuant to the ri&ht. awarded to Petitioner in paraaraph 3 of the aforementioned Order. 8. On variou. occasions, Respondent has failed to aecure her period. of phylical custody with the child, despite the parties' aweement allowing her to do so, both by failins to see the child at all or by simply allowing other members of her family to retain custody of the child durin(l her period of physical custody. 9. Re.pondent has shown, throu&h her lifeatyle, an inability to provide the appropriate stability that the child need., both relative to his physical stability, his mental and emotional weU.beins and the like, which is evidenced by the fact that she has had four reMidences in the put two yean since the entry of the Court's Order of August 18, 1995. 10. On June 16, 1997, Respondent requested that Petitioner take primary physical cu.tody of the child due to the fact that Respondent needed to "get her life in order" . 11. Petitioner believes that he is better able to provide for the needs of the child and quickly accepted Respondent's offer for him to take primary physical cu.tody. 12. This ia approximately the third occuion during this young child'a life that Respondent has uked Petitioner to take physical custody of the child, due to her inability to keep her life "in order". 13. The child has had an excellent routine since June 23. 1995, going to the same child-care provider, IS does his step-brother, Junes P. Failor, Jr. (DOB. July 23, 1995). 14. Petitioner end his fiance, Shannon Fuhrman, are both employed end provide en approprilte home life for the child, seeing to the child's emotional, educational, mental and material well-being. 15. In the put, Respondent hu failed to see to the medical needs of the child. 16. In the put, Respondent has been physic:a1ly abusive toward the child, physic:a1Jy correcting the child with corporal punishment, and causing the child to be fearful of being struck by Respondent. 17, During the put three months when the child hu been in Petitioner's primary physical custody, the child has flourished emotiona1ly, mentally, educationally and socially, 18. Respondent has advised Petitioner that she wishes to take primary phylical custody of the child back so that the parties would simply begin abiding by the Court's Order of August 18, 1995. 19. For the various reasons set forth above, Petitioner believes end, therefore, Ivers that it is ROt in the child's best interest to be returned to the Respondent's primary physical custody, 20. Despite wishing to have primary phyalcal c:uatody, Respondent baa indicated that Ihe would wiall to have the Petitioner see to the child'. routine day-ure or baby.sitting responsibilities wherllby Respondent would cause the child to uise early in the morning and deliver the child to the matema1lll.andmother.lt which time Petitioner's fiance would pick the child up and take the child to the same chlld-care provider who Petitioner and hiJ ~ have been uains for the child. 2 L Because of I conflict that was created by the Respondent with the child-ure provider, the Respondent is not permitted It the residence of the chlld-ure provider. 22. The scenario that Respondent baa su8leated relative to the Petitioner and his fiance beina responsible for picking the child up early in the mornin& and takina him to the child-care provider, pickina the child up from the child-care provider It the end of the workdlY and keepina the child until the evenina when RlltpOndent returns from work, is not in the child's best interest for the reasons set forth above. 23. Petitioner has filed I Petition to modifY the Court's Order of AuiJUSl 18, 1995 based upon the present stltUS quo that has existed for more than three montba and based upon the best interest and permanent welfare of the child. I verifY that the statements made in the foresoins document are true and correct. I undentand that false statements herein are made IUbject to the penalties of 18 Pa.C.S. Section 4904. relatins to unsworn falsification to authorities. DATE: Clh/(}7 (~)1'~I,,~ 1(V~f~ .J2 /' 1 J S FAILOR, SR. '. JAMES FAILOR, SR., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-~352 CIVIL TERM SUSAN D. SMITH, Defendant CONSENT AGREEMENT This A9re~ment is entered on this li~ day of August, 1995, by the plaintiff, Jame. Failor, Sr., and the defendant, Susan D. Smith. The plaintiff is represented by Walter L. Crss.ler, Jr., and the defsndant is represented by Jane Muller-Peterson of Legal Services, Inc. 1. The defendant and the plaintiff agree to the entry of an Order providing for the following custody arrangements for their child pending further order of court: a. The parties will have shared legal custody of the child. b. The mother will have primary physical custody of the child. C. Th4 'ather wll! have partial CU~~~~y of ~he child every other weekend from Friday at 5:30 p.m. until Sunday at 8:00 p.m. On alternating weekends the father will have partial custody from Saturday at 12:30 p.m. until Sunday at 8:00 p.m. d. The father will be informed immediately if the mother goe. to jailor is unavailable to care for t.he child, and the father will have primary physical custOdy for any period during which the mother is unavai lab".. 2. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until further order of court. 3. Tn~ parties realize that their child's ~~11 being is paramount t~ any differences they might have between them..lv... Therefore, they agree that neither party will do anything which may e.trange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. ~,"<>>, n -L ~i1,. Susan D. s~. Defendant ~d(!~:i., Attorney for Plaintiff WION, ZULLI , SEIBERT 109 Locust Street Harrisburg, PA 17108 (717) 232-1488 E:>q -Jid... ~~,-^-J?~" ,Ii!! . ~u11.r-Flet;erson Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle. Fle 17013 (717) 243-9400 . .' h '.0 ,~ ~ ...... .', ' U) :;J ~\" , ri'\" ..., til? " ..1. '0 ...." r-.) ;i,J i';~ I. cr. f~:~ ),J., .'" I:'il :, ..-" ,'\',' - ., ~ . " l~1 ~ ~,: 't';') ',' ., .... ~;J :< ....j ~ ." , , - . ~.._;-........ ---~ ......"... - .~,~,- ~~. -.;- v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMBS FAILOR, SR. Plaintiff SUSAN D. SMITH, Defendant NO. 95-4352 CIVIL TERM ORDER OF COUR'r AND NOW, this \'1 tt.day of August, 1995, upon consideration of Plaintiff's Emergency Petition for Custody, a hearing i. SCHEDULED for Monday, August 21, 1995, at 8:30 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /' Walte>: L. Cressler, Jr., Esq. "('fJ~1.I (I'~IH" tlNf'!r 109 Locust Street J ~ P.O. Box 1121 Harrisburg, PA 17108 Attorney for Plaintiff Ire '!P e ~ cV) ): )- U;i" .< - " I..,'l) 'i' ;'f'.:~. ,d, '~,"; >~ I} ;:~ , '."o\"J\ , I Jr. I ;. , ..._,'" -. '-, -, ~.>> .,., . a> ... a> ~ I :2:1-0 ... .... .. Ill: 0:2: .... c 0 :EI::> . '... t1l ~ :EO ..l .. ... OU to-< . C c :2: U > .,... <Il 0 I' Iii l"l to-< Ill: t1l .... to-< ~:z: U Vl.... . <Il 1-0 0< "- ::l"l to-< ..l e-, E-o>o ~~I~ 1-0 Ill: < Ill: to-< <.o.l.:l Ill:<.o.lto-< 0 "' :E "-0 I::>ltl:z: ..l > Vl Eo-< ~ ' I O:E< to-< ...<11 UI::>> < . u::> U..l ~ l"l :2:U <.o.l ... <.o.l :CVlVl Vl :z: '-' 1-0<:2: <.o.l < Ill: <.o.l:z: . :E Vl <.o.l :Z:..l<.o.l 0 < I::> :E to-<"-i:l. :2: .., Vl <.o.l . AUQ I .' . JAMES FAILOR, SR" Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4352 CIVIL TERM SUSAN D. SMITH, Defer.dant Qfl..QFR AND NOW, this t. rl, d . ~ ay of August. 1995. upon consideration of the attached Consent Agreement, the following Order is entered pending further order of court: 1. The parties are awarded shared legal custody of the chi ld. 2. Primary physical custody is awarded to the mother but shall be placed in the father during any period the mother is in jai 1. 3. The father is awarded partial custody every other weekend from 5:30 p.m. on Friday until 8:00 p,m. on Sunday and at other times as agreed upon by the parties. On alternating weekends the father will have the child from 12:30 p.m on Saturday until 8:00 p.m. on Sunday. 4. The mother is ordered to notify the father immediately should she go to jail for any reason. By the Court. + /J a '/ /. ) -1.'//., (,/ (/ . ~ J. \ / , JAMES FAILOR. SR., P I a i nt iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4352 CIVIL TERM v. SUSAN D. SM ITH , Defendant t;::.m-J,&.!;NL.A.GB E.!'.M.EII!J Th i 5 Agreement is enterod on th i s .Lf_'!. day of August. 1995. by the plaintiff, James Failor, Sr., and the defendant, Susan D. Smith. The plaintiff is represented by Walter L. Cressler, Jr., and the defendant is represented by Jane Muller-Peterson of Legsl Services, Inc. 1. The defendant and the plaintiff agree to the entry of an Order providing for the following custody arrangements for their child pending further order of court: a. The parties will have shared legal custody of the child. b. The mother will have primary physical custody of the ch i 1 d , c. The father will have partial custody of the child every other weekend from Friday at 5:30 p.m. until Sunday at 8:00 p.m. On alternating weekends the father will have partial custody from Saturday at 12:30 p.m. ullti 1 Sunday at 8:00 p.m, d. The father will be informed immediately if the mother goes to jailor is unavailable to care for the child. and the father will have primary physical custody for any period during which the mother is ._c ___.._ ...;--_._ ,~:.... , __:_.. , I I "I , " f~ .~ P- ~ - c - t.~ -~ r :0 ...0. r- ~l 1/,. l () 'I ~ ""0( ~ '1 ~ -..; t' ."1" ~ P f (+. ~ kR ~ C1 C") ). "'>-. .t ~.. hi ~. ,. l~:' /..;', 'f II ".. . , :,' "'f ~ ,',' i". ',11." 'l , I '. J t I ~ ' ., "J',_ I j ..;;', 0.. "_1 ...)';." ~ ~~ ~, 'i... .~ e ~~ ~~ V) ,\) l'\.:t ~~ ~~ " ":1- - !:1 - on . a- 1>-0 a- .... ... ~ ! :O:~ -- .... c:: 1>-0 0:0: ." <U ~ X::l . .. ." 0 XO ..:l c:: c:: ~ OU H "''' III </l U > '<U .... ::l I .~ Iii ~ H =0:__ III U "":0: U </lQ., .~ 0< c:: =0: ..:l . ~ 0 !~!ll ~=o:..: =0: '" H "" llIl<&lH 0 > x ::lIOQZ ..:l tIl ~ ox..: H :0: ~ U::l> ..: . H U...l "" ~ < <&l >< ..:l i:C</ltll </l :z: Q., ~..::z: Oil ..: x "'lZ . X tIl 0 :O:..:l<&l 0 ..: ::l c.; HQ.,):l., :0: .., tIl ,'I" " , ; AUG J [j rq,g5~ . JAMES FAILOR, SR.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN D. SNITH. Defendanc CUSTODY/VISITAT~ON4, ~ 9..";'. 'IT""';; tw J~(~" NO, -. C [ v [ I., 1 C) l) 'i ORDER OF COURT AND NOW, ~"\IJI\7)', upon consideracion of the attached complaint, it is hereby directed that the parties a their respective counsel appear before " CCn t ,che conciliacor, at .'Ilk',. on the . t,t&.-. day of (~)~)"Y' , 19q.r-, at ~<I jJ, m,., for a Pre-Hearing Custody Conference. At such conference, an efforc will be made co resolve the issues in dispute; or if chis cannot be accomplished, to define and narrow the issues to be heard by che court, and to enter inco a cemporary order, All children age five or older may also be presenc ac the conference. Failure to appear ac the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By: ~~j X"j~@, Cuscody Conc!liacor ~>1 The Court of Common Pleas of Cumberland County is required by law to comply with che Americans with Disabilities Act of 1990. For informacion about accessible facilities and reasonable accommodations available co di;abled individuals having business before the cour~, please contacc our office. All arrangements must be made ac 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 SELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 JAMES FAILOR. SR;, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Vs. NO. CIVIL. 1995 SUSAN D. SMITH. Defendant CUSTODY/VISITATION CIVIL ACTION - LAW COMPLAINT FOR CUSTODY AND NOW. comes the Plaintiff. James Failor. Sr., by !Ind through his attorneys, Wion. Zulli & Seibert, and files the following Complaint: 1. The Plaintiff is James Failor. Sr.. an adult individual, who currently resides at 1030 Wayne Avenue. Apartment B. Carlisle. Cumberland County. Pennsylvania 17013. 2. The Defendant is Susan D. Smith. an adult individual, who currently resides at East Street, Apartment 3. Mt. Holly Springs. Cumberland County, Pennsylvania 17065. 3. The Plaintiff seeks custody of the following child: Drew Michael Smith. date of birth-March 27. 1994. residing at East Street. Apartment 3, Mt. Holly Springs. Pennsylvania 17065. The child was born out of wedlock. The child is presently in the custody of the Defendant, Susan D. Smith, who resides ,It Ellst Stn"~t. Apnrtml>nt:J, ~lt. Holly Springs, Cumberland County. PennsylvHnia. During the post five years the child hHs resided with the following persons and at the following addresses: (a) Susan D. Smith, East St.reet, Apartment 3. Mt. lIolly Springs. Pennsylvania from Murch 27. 1994 to August 7, 1995; and (b) James Failor, Sr.. 1030 Wayne Avenue. Carlisle, Pennsylvania. from August 7. 1995 to August 13, 1995. The natural mother of the child is Susan D. Smith, the Defendant, who currently resides at Eust Street, Apartment 3, Mt. Holly Spring,~, Pennsylvania. She is single. The natural father of the child is James Failor, Sr., the Plaintiff. who currently resides at 1030 Wayne Avenue, Apartment B, Carlisle, Pennsylvania He is single. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Shannon Fuhrman. girlfriend. i, , ~ ',' q" " 5. The relationship of the Defendant to the child is that 'I.: , , of natural mother. The Defendant currently resides with the . Ii -2- following persons: Michael Smith, brother, and Brian Pieffer, boyfriend. 6, 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. 7. The Plaintiff has no information of a custody or visitation proceeding concerning the child pending in a Court of this Commonwealth or of any other Court. 8. The Plaintiff knows of no persons not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant's ability to provide custodial care in the near future is questionable because on August 7, 1995 she was arrested and jailed for aiding and abetting and hindering apprehension of a felon. namely, Brian Pieffer. Arraignment is scheduled for August 24, 1995. Defendant is currently out of jail on bail. (b) Defendant habitually attends parties with the child, drinks alcoholic beverages and abandons child while she goes to party elsewhere. -3- (cl Defendant handles child in a rough and negligent manner causing child to wince and draw back when Defendant ralses her hand In a striking motion and causing the child's shoulders to displace slightly when he is picked up. (d) Defendant had child's ear pierced when he was less than one year old, (e) During her incarceration for the felony charge, Defendant tried to keep the Plaintiff from having custody of the child by giving him to a neighbor with instructions not to notify Plaintiff, (f) On August 13. 1995, Defendant had her mother under false pretenses remove the child from the custody of Plaintiff. The Plaintiff has brought criminal charges against the mother of Defendant for kidnapping and/or interfering with the custody of a minor. 10. 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 a party to this action. -4- WHEREFORE. Plaintiff requests Your Honorable Court to gra~t custody of the child to Plaintiff. Respectfully submitted, WION, ZULLI & SEIBERT 1 BY: ~<'. Walter L. Cressler Esquire 109 Locust Street P.O, Box 1121 Harrisburg. PA 17108 (717) 232-1488 Attorney for Plaintiff Dated: August 14, 1995 " ' , ., -5~ VERIFICATION I verify that the statements made in this COMPLAINT FOR CUSTODY are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 54904 relating to unsworn falsification to authorities. ~ ' ! () _1 , yo 11'1.-"\2.,! trJ-C/,6<--.Jh James P. Failor, Sr, Dated: August 14, 1995 ,./ SHERIFF'S RETURN - REGULAR CASE NOI 199~-043~2 P COnnONWEALTH OF PENNSYLVANIA: COUNTY OF CUnBERLAND FAILOR JAnES SR VS. snITH SUSAN D nICHAEL BARRICK CUnBERLAND County, Pennsylvania, to law, Bays, that he served the . Sheriff or Deputy Sheriff of who being duly sworn accordin~ within ORDER OF COURT upon SnITH SUSAN D the defendant, at 827100 HOURS, on the ~ day of Auaust 199~ at 22 EAST STREET. APT. 3 nT HOLLY SPRINGS. PA 17065 ___,CU"BERLAND County. Pennsylvania. by handing to SUSAN D. S"ITH_ a true and attested copy of the ORD~R OF COURT together with EnERGENGY PETITION FOR CUSTODY and at the same time directing Her attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit SUTcharg. So answersl .' 18.0tll 3.92 .00 2.00 . .23.92 sHANNON FUHRnAN 08/21/1995.---?' by Sworn and subscribed to befor. me -ct.. /. this 10 - day of ~"+.. 19 9{ A, D. ,'\ "'1 ,--}.,.. (; I~Y-\,:'. ~~. Frot onot JAMES FAILOR. SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW vs. ; CUSTODYNlSITATION SUSAN D, SMITH, Defendant ; NO. 95-4352 CIVIL TERM ORDD 01' COUllT AND NOW, this <-~ ~ day of s,r- ( l:--m........' 1997, upon coJllideration of the attached Complaint, it is hereby directed that the partie. and their respective counMl appear before h,hs-\.')(. Co.,. \u "/ I:'~ the Conciliator, It Ih~ 4"'\1 (u,'<.'IC"'\lC" ('h ,,<,, Cumberland County Courthouse, on the -1.D.- day of Oc\c be ( . 1997, at \e'l: ~Go'clock Q,.m. for I pre-hearins custody conference, At such conference, an effort will be made to resolve the issues in dispute; or if lhis cannot be accomplished. 10 define and narrow lhe issues to be heard by the Court. and to enter into a temporary order. Either party may bring the child who is the IUbject of lhis cuslody action to lhe conference. but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIlE COURT, By: 'Ftu..~d)( .,~T}Ch~~~. Custody Conciliator trl..) ') {I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor Carlisle. P A 17013 (717) 240-6200 JAMES FAILOR, SR, Plaintiff : IN mE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVn. ACTION - LAW vs, : CUSTODYNISITATION SUSAN D. SMITH, Defendant : NO, 95-4352 CIVIL TERM UTlTION Fa, MODl,DCATlON Of cusroPY I. Your Petitioner is lhe above named Plaintift; JIIIIeI Failor, Sr. an IduIt indMduaI currently residing at 1030 Wayne Avenue, Apartment B. CarIiIIe, CumberIaIId County, Pennsylvania, 2. Your Respondent is the above named Defendant. SUlIlIIl D. Smith, an adult individual who. U of September 20. 1997, i. raiding at 270 McCaIliater Church Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents ofDru Michael Smith, born March 27. 1994, 4. The parties are subject to a consent Aareement and Order of Court entered on Aup 18. 1995 relative to custody of their child, a copy of said Order beins attached hereto and incorporated herein by reference u Exhibit "A". 5. Since the entry of lhe Court's prior Order in this matter, the child has resided at the foUowinS places wilh lhe followinS individuals for the followins periods oftirne: Susan D. Smith Brian Pieffer 22 Eat Street Apt. 3 Mt. HoUy Sprinp. P A 69 Betty NellOn Court Lot 1# Unknown Carlisle. P A 69 Betty NellOn Court loU 119 Carlisle, P A AuS. 1995. Nov. 1995 Susan D. Smith Brian Pieffer Nov. 1995. Nov. 1996 Susan D. Smith Brian Pieffer Nov. 1996. lune 23, 1997 (F) Respondent has failed to provide for the child's most basic need.. includins medical needs and the like, 7, On June 16, 1997, Respondent requmed that Petitioner usume primary physical custody of the child and, in retum, Ileapondent would have Father's partial cullody ripts set forth in paraaraph 3 of the Court's Order of Ausust 18, 1995, 8, Since that time, Respondent has had primary physical cullody of the child, durins which time the child has flourished in his home environment with Petitioner and hi. fiance and also with the child-care providers whom the Petitioner has retained to care for the child. 9. Petitioner and his fiance have a child, namely, James P. Failor, Jr" born July 23, 1995, and the lwo children have become extremely ciON liblinal, 10, It is in the best inlerest and permanent welfare of the child to affirm the present custody arrangement, which wu entered into by verballllfeement between the parties. WHEREFORE, Petitioner requests your Honorable Court to (ll'ant him primary phylical custody of the child, RespectfWly submitted, e, F.lquire Petitioner 2 North~Sueet Carlisle, PA 17013 (717) 24J.S55 I (800) 3..7-5552 I verifY that the statements made in the forqoina document are true and correct. I undentand that false statements herein are nwle IUbject to the penalties of 18 Pa.C,S, Section 49004, relatins to unsworn falsification to authorities, DATE: JAMES FAILOR. SR. , , " . " , '. ," JAMES FAILOR, SR., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4352 CIVIL TERM SUSAN D. SMITH, Defendant ORDER AND NOW, this l>rfl-- day of August, 1995, upon consideration of the attached Consent Agreement, tne fOllowing Order is entered pending further order of court: 1. The parties are awarded shared legal custody of the ch i 1 d. 2. Primary physical custody is awarded to the mother but shall be placed in the father during any period the mother is in jai 1. 3. The father is awarded partial custody every other weekend from 5:30 p,m. on Friday until 8:00 p.m. on Sunday and at other times liS agreed upon by the parties. On alternating weekends the fath\, ',. ~ ~: ,..::,'1,..;, ~~ I.. .. '...,0 child 'rom 12:~O ~.~ O~ Saturday until 8:00 p.m. on Sunday. 4. The mother is ordered to notify the father immediately should she go to jail for any reason. By the Court, TRUE COPY FROM RECORD In TlStIl'IlOlly wtItr1ot~1 her. ulllO SIt irry IIInd and 1M of saki COlI at Carlisle. jf...., 'I. 0 , 19 111 9- ~ (}0:~ ~. , , PrDlftcnOtlty EXHIBIT "A" '. JAMES FAILOR, SR., Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9~-43~2 CIVIL TERM v. SUSAN D. SMITH, Defendant CONSENT AGREEMENT This Agre~ment is entered on this -Li~ day of August, lS9S, by the plaintiff, James Failor, Sr., and the defendant, Susan D. Smith. The plaintiff is represented by Walter L. Cre..ler, Jr., and the defendant is represented by Jane Muller-Fleterson of Legal Service., Inc. 1. The defendant and the plaintiff agree to the entry of an Order providing for the following custody arrangements for their child pending further order of court: a. The parties will have shared legal custody of the child. b. The mother will have primary physical custody of the child. c. Th6 'ather w~l! have partial CU1~~~Y of ~he child every other weekend from Friday at S:30 ~.m. until Sunday at 8:00 p.m. On alternating weekends the father will have partial custody from Saturday at 12:30 p.m. until Sunday at 8:00 p.m. d. The father will be informed immediately if the mother goe. to jailor is unavailable to care for the child, and the father will have primary physical custody for any period during which the mother is ., , unavailable. 2. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until further order of court. 3. Tn~ parties realize that their child's ~~11 being is paramount t~ any difference. they might have between them.elve.. Therefore, they agree that neither party will do anything which may e.trange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child'. love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. /'l Susan D. !J.-L~-A. Smit . Defendant ~d(!~., Attorney for Plaintiff WION, ZULLI' SEIBERT 109 Locust Street Harrisburg, PA 17108 (717) 232-1488 E:>q iid"~ Yh...~R.,-^-_\?~" - ,I i!! . ~ull."'-Flet;er.on Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Fla 17013 (717) 243-9400 " " (") ~ 8 ~ d'(;~ (1') ,\' ;'T1 IJ!; I .V I if1 '..r. ,,> \~ {i);: N ,.'i", ',!.\ c':'-" :~ ..' .,J "'". )',. . " " ... () , ;~l i';~)nl ..... t~~') :. .' ~n -,.. ~ 1.1 .) 'v ....,.:;, -,