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Home My WebLink About00-01880 BRIAN DECKER, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN MARIE GEHMAN, Defendant/Petitioner NO. 00-1880 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of May, 2000, this matter having been brought before the Court on a challenge by defendant, Dawn Marie Gehman, to this Court's jurisdiction, IT IS ORDERED that the within case is transferred to the Court of Common Pleas of Lancaster County. Plaintiff to pay the costs. By the Court, l Gregory L. Cutler, Esquire For Plaintiff/Respondent Joan E. Carey, Esquire For Defendant/Petitioner prs '-.-.- . -~ ~ " , . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN DECKER, v. : CIVIL ACTION - LAW : CUSTODYNISITATION DAWN MARIE GEHMAN, Defendant : NO. OO-/'S'lO CIVIL TERM ORDER OF COURT AND NOW, ~ \ d'1 ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~\rJ" ~,,~c\.CA.{ , F):,o, , the conciliator, at \ \ Wcb\(\h.rJ ll\on the d ~ day of ~o.'i 0. .m., for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the "3.'1 W. MQ\r\0\'J , 2000, at .!l, :)0 o'clock, 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. FOR THE COURT: By: ~\U\\.,~, ~~~ ' Custody Conciliator \" (\:U) 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 LA WYER 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. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, P A 17013 (717) 240-6200 ~-... ,- ."' -,.- ,- - . ~- - ~ - , BRIAN DECKER, : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW : CUSTODYNISITATION DA WN MARIE GEHMAN, Defendant : NO, 00- / S ,frJ CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Brian Decker, residing at 115 E, Portland Street, Mechanicsburg, Pennsylvania 17055, 2, The Defendant is Dawn Marie Gehman, residing at 248 N. Reservoir Street, Lancaster, Pennsylvania 17602. 3, Plaintiff seeks custody ofthe following children: NAME RESIDENCE DOB AGE, Day Gehman 248 N. Reservoir Street, Lancaster, PA 3/27/96 3 yr. 1I months 4, The child was born out of wedlock. 5, The child is presently in the custody of Dawn Marie Gehman. 6, During his life, the child has resided with the following persons and at the following addresses: NAME Dawn Marie Gehman ADDRESS 248 N. Reservoir Street Lancaster, P A 17602 DATES 1I00-Present Dawn Marie Gehman 219 Elizabeth Street Landisville, PA 17538 7/97 -1100 Dawn Marie Gehman East Petersburg, P A 5/97-7/97 Dawn Marie Gehman 25 East High Street East Petersburg, Pa 5/97-7/97 7, The mother of the child is Dawn Marie Gehman, currently residing at 248 N, Reseryoir Street, Lancaster, Pennsylvania 17602. She is married, - , . , 8. The father of the child is Brian Decker, currently residing at 115 E, Portland Street, Mechanicsburg, Pennsylvania 17055. He is unmarried. 9. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Dennis Heim 10. The relationship ofthe Defendant to the child is that of Father, The Defendant currently resides with the following persons: N/A II, 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, 13, 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 children will be served by granting the relief requested for the following reasons: A, A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unm~t exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion E. A Court Ordered determination of cllstody 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 temlinated 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 shared custody of the child to Plaintiff subject to partial physical custody and shared legal custody by the Defendant. {)ATE: Respectfully submitted, 3/:;"8/00 I By: ~~utC~ Attorney for Plaintiff 50 East High Street Carlisle, P A 17013 Telephone: (717) 258-8558 Supreme Court ID No, 73471 COMMONWEALTH OF PENNSYLVANIA ) : SSe 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. 94904, relating to unsworn falsification to authorities, ..-;> "' -;7 ,:2DO 0 DATE: ,-S o?" -> - (/ 2~/J;.4!~ Brian Decker, Plaintiff . ~ ,_,n ~ ,"t._ BRIAN DECKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION DAWN MARIE GEHMAN, Defendant : NO. 00-1880 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND :Ii ) AND NOW, this ) 7 ~ day of ;1 ~ 0/ , 2000, I Gregory L. Cutler, Esquire, attorney for Brian Decker, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Divorce 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, restricted delivery. The original return receipt card signed by the Respondent on March 31, 2000, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAW OFFICES OF PAUL BRADFORD ORR Dated: ) 7 /1;::,,,/ 0 D f By: Grego L utler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, P A 17013 (717) 258-8558 LD. # 73471 ""iW'" ..~ SENDER: -.-.-.- - ....-" f~ '-''''If"" f f U-a 0) SdOISAUS jO dOl lSAO sUlliE PIO::! I '.. I" " ,- , ~ '$ lli; Ii; ,. .. 5 c o " " 'il Q. E o u ~Co lete items 1 andlor 2 for additional services. letl;i items 3, 4a, and 4b. o "', - 'your name and address on the reverse of this form so thai we can, return this Card to you. C Attsch this form 10 the front of the mailpiece. or on the baQt..il space does not cl;:\~8tum-ReceiPl Requested" on the rnailPi: 2~ article number. [J 111e Return ,_Receipt will show to whom the @!1i_c;;JltWas delivered <!l1d the date deJi~d!d;...;:,:,,- 3..Article- ressed to: 4a. Article Number VIs. DAWN HA((r-[GH~,{ 4b.se'!eT~.3 .371 :J.Lf-8hwf\1.RES GrNDTf? STr<EfT~=:~:::::ail LAMU\ S Tfl2. flfl 17 ~ () ~ . 0 ""turn """"iptlor Merchandise ,.", I 7. Date of Delivery I also w s to receive the four' ing services (for an extra fee oil 1. D Addressee's Address ~ ! 2. D Reslric<<>d Delivery ==-- :1 a\ -I l'l ". 11:1 c ;, ~. '" 'ill 11:. ~( Iii 1 ". .e! ,,: 0' >- , ",I ted and C I ~I .... 38 C:, pr(;;ertified o Insured DCOD .' 102595-99-8-0223 i;\ Domestic Return Re ipt EXHIBIT "A" -," - ,--, - . to Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN DECKER, v. : CIVIL ACTION - LAW : CUSTODYIVISITATlON DAWN MARIE GEHMAN, Defendant/Petitioner : NO. 00- 1880 CIVIL TERM RESPONDENT'S ANSWER TO RULE TO SHOW CAUSE WITH NEW MATTER AND NOW, comes Respondent Brian Decker by and through his attorneys, The Law Offices of Paul Bradford Orr, and files the following Answer to Petitioner's Petition: 1. Admitted, 2. Admitted, 3. Admitted, 4, Admitted. 5, Admitted, 6. a. b, Admitted. Denied. To the contrary, the child's father lives and pays child support in Cumberland County. c. Denied. Defendant is without knowledge or information sufficient to form a belief as to a truth of the averment and proof is demanded. WHEREFORE, Respondent Brian Decker respectfully requests this Honorable Court enter Judgment retaining Cumberland County as the proper jurisdiction. NEW MATTER 7. Paragraphs 1-6 of respondents answer to petitioner's petition is incorporated herein by reference as if fully set forth at length. 8. Pa, R.CP. 1915.5 mandates that the party challenging jurisdiction must do so within 20 " -.e. ~~. "" days of service of the complaint. 9. The complaint was served on March 31,2000, 10, Petitioner had to April 20, 2000 to file objections, 11. Objections were not filed until May 4, 2000. 12. Failure of petitioner to file timely objections may be a tactic designed to delay determination of custody issues, 13, Transfer of jurisdiction to Lancaster County will result in prejudice to the respondent in that he has relied on petitioners failure to file an objection within 20 days, and has scheduled off of work for that day. 14. No prejudice will result to petitioner if Cumberland County retains jurisdiction. s of Paul Bradford (; ler, Esquire Attorney I. ,# 73471 50 East High Street Carlisle, PA 17013 (717) 258-8558 " _v -I' ~ {, . VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, S 4904, relating to unsworn falsification to authorities. DATE: r; IS pooo /"? Brian D, Decker, PlaintifflRespondent , ' , . BRIAN DECKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : CUSTODYNISITATION DAWN MARIE GEHMAN, DefendantlPetitioner : NO. 00-1880 CIVIL TERM CERTIFICATE OF SERVICE I, Gregory L. Cutler, Esquire do hereby certify that on May 15,2000 I served a true and correct copy of the foregoing Respondents Answer to Rule to Show Cause with New Matter on Defendant's counsel of record, Joan Carey, at the address set forth below, by hand delivery. Joan Carey, Attorney at Law Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 Date: S II 5/ (JD ~(g! , ~ "" BRIAN DECKER, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DAWN MARIE GEHMAN, DEFENDANT/PETITIONER 00-1880 CIVIL TERM ORDER OF COURT AND NOW, this ~day of May, 2000, upon consideration of the attached petition to dismiss for lack of jurisdiction, a Rule is issued upon Brian Decker to show cause why the relief requested should not be granted, Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, May 16, 2000, at 10:30 a.m. Gregory L Cutler, Esquire - G.. I _ f For Plaintiff/Respondent /:>'( V'h-:sl.l ~ Joan Carey, Esquire Cc ~ cL For DefendanUPetitioner - ft p~o..J ';z. 1 9/c.S;...>fo J.S, 6;4/00 ~ :saa .. '.' ~ ,. " ,. _, "H . -. " -- BRIAN DECKER, Plaintiff / Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 1880 CIVIL TERM DAWN MARIE GEHMAN, Defendant / Petitioner : CUSTODY PETITION TO DISMISS FOR LACK OF JURISDICTION Petitioner, Dawn Marie Gehman, by and through her counsel, Joan Carey of Legal Services, Inc., states the following: I. Petitioner is the above-named Defendant, Dawn Marie Gehman, hereinafter referred to as the mother, who resides at 248 N. Reservoir St., Lancaster, Lancaster County, Pennsylvania 17602. 2. Respondent is the above-named Plaintiff, Brian Decker, hereinafter referred to as the father, who resides at 115 E. Portland St., Mechanicsburg, Cumberl;md County, Pennsylvania 17055. 3. The above-named parties are the natural parents of Day Gehman, born March 27, 1996, 4. A complaint for custody was filed on March 28, 2000, a copy of which is attached as Exhibit "A" and incorporated by reference. 5. A custody conciliation conference has been scheduled for May 23,2000, in Cumberland County. 6. following: The mother requests that this court dismiss this case for reasons including the a. Lancaster County is and has been the home state of the child since her birth, b, The child does not have a significant connection with Cumberland County. c. Evidence concerning the child's education and all other substantial evidence concerning the present or future care, protection, training, ,~ and personal relationships of the child is located in Lancaster County, WHEREFORE, Petitioner respectfully requests that this court dismiss this case for lack of jurisdiction, cancel the custody conciliation conference scheduled for May 23, 2000, and stay the custody proceedings in Cumberland County pending a determination regarding jurisdiction. petitioner also requests any other relief that is just and proper. Respectfully submitted, ~g,/ Joan Carey ~ Attorney for Defendant / Petitioner LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PAl 70 I3 '_~_ f " - ;,- I VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 114904, relating to unsworn falsification to authorities. Dated:~O /7 / 11//# I, . -- . -,.:,L, ~ :/. J DaWn tlehrriaU; Defendant / Petitioner ." . BRIAN DECKER, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS . . :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2000-1880 CIVIL TERM DAWN MARIE GEHMAN, Defendant/Petitioner : CUSTODY CERTIFICATE OF SERVICE I, Joan Carey, Attorney at Law, Legal Services, Inc. do hereby certify that on the 5th day of May, 2000, I served a true and correct copy of the foregoing Order of Court and Petition to Dismiss for Lack of Jurisdiction on Defendant's Counsel of Record, Gregory L. Cutler, at the address set forth below, by mailing them. Gregory L. Cutler, Attorney at Law 50 East High Street Carlisle, PA 17013 Respectfully submitted, ?J Joan Carey, Atto y at Law Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. #52123 ,_1"__._ MAY 3 0 2~ BRIAN DECKER, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1880 CIVIL TERM : : CIVIL ACTION - LAW DAWN MARIE GEHMAN, Defendant : : IN CUSTODY amER OF CXXJRT AND l'DN, this 23rd day of May, 2000, the Conciliator, being advised by counsel for the parties that this case has been transferred by the Court to Lancaster County, hereby relinquishes jurisdiction. The custody Conciliation Conference scheduled for today, May 23, 2000 is canceled. FOR THE OOURT, a'A- , L. €!&d- Dawn S. Sunday, Esqu1re Custody Conciliator 'f'""'- - - I" ,1:I1~~l\!liI~Ji!k~!!i!\lii~l!ilf~lIlmidli~IomilIldliiil~"'-IW~;;~li!ili!I!li~lIll- ""~lIiliiltlfq ""-'-........,--~, F\LED--OFF~E 0;: Tl.'" pnOTH<)NOTARY I ,,"n (10 M~ Y 3 I PM I: I 3 CUMBERLAND COUNTY PENNSYLVANiA .J - -~ . , ,;, .< ~~~'_JIiIl ,1 , BRIAN DECKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAWN MARIE GEHMAN NO. 00-1880 Civil Tenn CIVIL ACTION - LAW COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA Please acknowledge receipt of this case by signing and dating this document. RECORD RECEIVED: Date I IDJ 00 ~cB~ (signature & title) ~?'6~"--'t ~ ',""- "-