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HomeMy WebLinkAbout02-5598Mark A. Starner, Plaintiff vs. Heather D. Starner, Defendant IN THE COURT OF COM~{ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NOTICE TO DEFEND 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. 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 CA~N GET LEGAL HELP. CUMBERLAND COUNTY B~R ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ttorne~ for Pl[inti~f Mark A. Starner, Plaintiff vs. Heather D. Starner, Defendant IN THE COURT OF COMMON PLEAS OF Cumberland PENNSYLVANIA CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Mark A. Starner, residing at 777 Baltimore Pike, Cumberland County, Pennsylvania. 2. Defendant is Heather D. Starner, residing at 155 B Street Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Joshua A. Starner Present Residence 777 Baltimore Pike Gardens, PA 17324 Age 15 Jeremiah A. 155 B Street Carlisle, PA 17013 Starner 777 Baltimore Pike Gardens, PA 17324 12 155 B Street Carlisle, PA 17013 4 The oldest child, Joshua A. Starner, was born out of wedlock, while the youngest child, Jeremiah A. Starner was born during the marriage. 5. The children are presently in the custody of the Plaintiff, Mark A. Starner who resides at 777 Baltimore Pike, Gardens, Cumberland County, Pennsylvania, and with the Defendant, Heather D. Starner, who resides at 155 B Street, Carlisle, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons at the following addresses: Persons Addresses Date Joshua A. Starner 777 Baltimore Pike present Jeremiah A. Starner Gardens, PA 17324 Mark A. Starner Joshua A. Starner Jeremiah A. Starner Heather D. Starner Robert Rosario Nicholas Rosario Maria Starner' 155 B Street Carlisle, PA 17013 present Joshua A. Starner Jeremiah A. Starner Heather A. Starner Robert Rosario Nicholas Rosario Maria Starner 1125 Esther Drive Carlisle, PA 17013 unknown 7. The mother of the children is Defendant, Heather D. Starner, who currently resides at 155 B Street, Carlisle, Cumberland County, Pennsylvania. 8. She is not married. 9. The father of the children is Plaintiff, Mark A. Starner, who currently resides at 777 Baltimore Pike, Gardens, Cumberland County, Pennsylvania. 10 He is not married. 11. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with Joshua A. Starner and Jeremiah A. Starner. 12. The relationship of Defendant to the children is that of mother. The Defendant currently resides with Joshua A. Starner, Jeremiah A. Starner, Robert Rosario, Nicholas Rosario, and Maria Starner. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary care giver and can provide a more stable environment within which the children will grow and flourish. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. By: Respectfully Submitted: DISS]NGER A/qD DISSIN~ER Supreme Court I.D. #85~6 ~ 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Mark A. Starner, verify that the statements made in the Complaint for Custody are true and correct. I understand th~ false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Mark A. Starne~%~ ?lafn[iff MARK A. STARNER PLAINTIFF HEATHER D. STARNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-5598 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 27, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, January 02, 2003 at 11:00 AM 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 hearinl~. FOR THE COURT~ By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requh'ed 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 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STARNER MARK A VS STARNER HEATHER D JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon STARNER HEATHER D the DEFENDANT , at 1615:00 HOURS, on the 25th day of November , 2002 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to HEATHER D STARNER a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /?~ day of ~(~ ~6~0:2~' A.D. ~P~othonotary R. Thomas Kline 1 /26/2002 DISSINGW. R & DISSINGER Deputy Sheriff Mark A. Starner , : Plaintiff : : VS. : : ather D. Starner, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL. ACTION - CUSTODY NO. 02-5598 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS : : COUNTY OF CUMBERLAND Karen L. Koenigsberg, the attorney for Plaintiff, being duly sworn according to law, swears that she mailed by certified, restricted mail, return receipt requested, a true and correct copy of an Order scheduling a custody conference in Melissa P. Greevy's office on February 3, 2003, at one o'clock to the Defendant at her residence on January 9, 2003, and that: Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit "A" on January 13, 2003 . ) ~~ ~~ A~torney for~.Plai.n.t_~ff__ ~ SuPreme Court ID ~ ~bbbb// 28 North 32nd Street ~/ Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscr, ibed before me this ~ day of ~6[~%/ , 2003. ~rublic , ! NOTARIAl. SEAL I I MEC, AN.A,. LABASHOSK'Y, Notmy_ PuMol Camp Hm Bo+o, ~~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Ai-ticle Number (Copy f/om service labeO PS Form 3811, July 1999 1. Article Addressed to: CKF. L %L CA IOTED DELIVERY ' [] Agent ~J~ Addressee D. Is delivery address different from item 17 ' [~Yes If YES, enter delivery address below: [] No 3. ~)~1~e Type ~Yes [~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise []. Insured Mail D C.O.D. 4~. ReStricted Delivery? {Extra Fee) . i'. i... Domestic Return Receipt 102595-00-M-0952 STAL SERV ~ l'~ t ~~ Sender: Pl~se p~t~e, address, and ~ in this box' EXHIBIT "A" MARK A. STARNER, Plaintiff V. HEATHER D. STARNER, Defendant FEB 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5598 CIVIL TERM CIVIL ACTION _ LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this /~" day of February, 2003, upon consideration of the attached Custody Conciliation s~eport, it is hereby ordered and directed as follows: 1. ~. The Father, Mark A. Starner, and Mother, Heather D. Starner, shall have shared legal custody of the minor children, Joshua A. Stamer, born February 11, 1987, and Jeremiah A. Starner, born January 25, 1990. Each parent shall have an equal right, to be exercised jointly with the other Parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, al/decisions regarding their health, education and religion. Pursuant to 1!he terms of Pa. C. S. ~309, each parent shall be entitled to al/records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. ~. The Father, Mark A. Starner, shall have primary physical custody of the minor children, subject to the Mother's rights of part/al custody which shall be arranged by mutual agreement of the parties. 3. Joshua Starner shall not be permitted to be in the presence of Mother's neighbor, Joey Zahn. 4. The Part/es, Mark A. Starner and Heather D. Starner, shall Participate in co- parent Counseling to assist them in developing a consistent plan for limit setting and parenting Joshua in a fashion that is consistent with his needs to attend school on a daily basis, on time, Complete his homework, and Participate in whatever additional assessments that may be necessary to ascertain the reason for his academic decline. One of the pr/mary goals of this Counseling shall be to assist the parents in developing an effective cooperative plan for structure, discipline and limit setting for their children. NO. 02-5598 CIVIL TERM 5. In the event that Mother is aggrieved by the terms of this Custody Order, upon proper petition presented to the Court, the Custody Conciliation Conference shall be reconvened. 6. Counsel for Father shall file Affidavits of Service of the original Order scheduling the Custody Conciliation Conference of February 3, 2003 and of this Order upon the Defendant Mother. Dist: BY THE COURT: e ren L. Koenigsberg, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 ather D. Starner, 155 B Street, Carlisle, PA 17013 MARK A. STARNER, Plaintiff V. HEATHER D. STARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5598 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Joshua A. Starner Jeremiah A. Starner December 11, 1987 November 25, 1990 Mother Father 2. A Custody Conciliation Conference was held on January 2, 2003 in response to Father's Complaint for Custody filed on November 30, 2002. Present for the conference were the Father, Mark A. Starner, and his counsel, Karen, L. Koenigsberg, Esquire. The Mother, Heather D. Starner did not attend. In the absence of proof of service, the Conciliation Conference was continued and a Custody Conciliation Conference was held on February 3, 2003. Present for this conference were the Father, Mark A. Starner, and his counsel, Karen L. Koenigsberg, Esquire. The Mother, Heather D. Starner, did not attend. Counsel for the Father produced a Domestic Return Receipt Restricted Delivery card from the United States Postal Service indicating that Mother had signed for a copy of the Order scheduling the conference on January 13, 2003. Hence, counsel for Father was able to demonstrate adequate proof of service. Mother apparently ,elected not to attend. 3. Father's position on custody is as follows: Father reports that the parties have had a cooperative relationship for in excess of 10 years wherein they have be successfully able to share parenting plans and custodial arrangements of their two children, now ages 15 and 12. They have apparently been able to do so without tlhe necessity of a court order or intervention from the courts. Unfortunately, in the last year Father has become increasingly concerned about the children's school functioning. He reports that Jeremiah presently resides primarily with him and that Joshua is living prirnarily at Mother's home. His concerns regarding both boys are that when they are in the custody of Mother, they have NO. 02-5598 CIVIL TERM frequent absences and tardiness from school. He provides copies of school records to support his allegation. With regard to Joshua, Father is particularly concerned because Joshua is now failing several subjects at school. He apparently failed two subjects in his 8th grade year and therefore was required to take summer school in the summer of 2002. Additionally, Joshua has been on in-school suspension for failure to report to Saturday work detention as a result of his numerous tardies. Father receiived notice that Joshua has been absent 20 school days from the period from August 26, 2002 to December 12, 2002. Father also recently learned that Joshua was charged with underage drinking last summer in an incident where a neighbor of the Mother's allegedly provided alcohol to minors. Although Father knew that there had been an incident in their neighborhood, Mother denied Joshua's involvement when asked specifically about this by the Father. Father later learned that Mother and Joshua attended a class and that a fine was paid. Father is concerned that Mother allows the child to smoke cigarettes and lets him continue to hang around with the neighbor that was involved in the under age drinking incident. A review of records from the School District indicate that the child has frequent comments from the teachers in his school records indicating that his poor grades are perceived to be due to incomplete homework and poor attendance. Joshua is presently failing Spanish,, Science, Wood I, Basic Foods and CPR First Aid. Father reports that Mother is presently employed as a nurse on the daylight shift in a job that she has held since approximately November of 2002. Prior to that time, Mother was unemployed for approximately a year and a half and, despite her employment status, was frequently unable to get the children to school on time during her periods of custody. Father attended a teacher conference and was told that the child frequently sleeps or puts his head down on his desk at school. School staff were unclear as to whether Joshua's poor school performance was related to being unprepared or simply not caring about doing his school work. Another of Father's concerns is that Joshua apparently had decided that he wanted to change school districts and that Mother was in the process of arranging that when Father discovered it. Father was concerned that Mother was willing to allow the child to make this decision and would have done so without Father's involvement, had he not discovered this before it occurred. It is Father's perception that Joshua and Jeremiah need consistent firm limits to see to it that they attend school without excessive tardiness and complete their homework. He reports that Jeremiah is presently less of an academic concern than Joshua. Father feels strongly that he does not want to isolate the children from their Mother or exclude her from their lives. However, he is concerned that Joshua does not respond to whatever parental authority Mother attempts to invoke. Father would be willing 11o participate with Mother in co- parent counseling to assist them in limit setting and requiring the child to do his homework, comply with a curfew and stay away from alcohol. Father primary focus seems to be to help the children to succeed academically and to attend school on time. He exPressed concern that Mother would perceive the Custody Complaint as a personal attack rather than an NO. 02-5598 CIVIL TERM attempt to serve the best interest of the children by providing the structure that they need. Father lives alone and works at Land O Lakes on daylight shift. He does not work on the weekends. Mother resides with her boyfriend, his two children with her, ages 4 and 5, and her niece, approximately age 7. 4. Father was able to demonstrate proof of service at the time of the Custody Conciliation Conference. Therefore, Mother had an opportunity to be heard, but elected not to participate in the Conciliation Conference regarding her children. Based on the school records provided by Father and the Conciliator's assessment of Father's credibility, the Custody Conciliator provides a recommended Order to the Court transferring primary physical custody of both children to the Father, requiring the parents to participate in co- parent counseling and requiring that Joshua be allowed no contact with the adult who was associated with the incident in which Joshua was charged with under age drinking. Date Melissa Peel Greevy, Esquire Custody Conciliator :200439 .rk A. Starner , Plaintiff vs. Heather D. Starner, Defendant : IN THE COURT OF COMMON PLEAS : OF C~BERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION - CUSTODY : : NO. 02-5598 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : ss :: COUNTY OF CUMBERLAND Karen L. Koenigsberg, the attorney for Plaintiff, being duly sworn according to law, swears that she mailed by certified, restricted mail, return receipt requested, a true and correct copy of a Custody Conciliation Summary Report and an Interim Order of Court to the Defendant at her residence on February 25, 2003, and that Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit "A" on February 26, 2003. ~re~ ' ~. ~de~ig~b~ // A~torney for Plaintiff // Supreme Court ID % 855~6' 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me t,his ~o- day of .~C, Lr(.~. , 2003. · ,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L DELIVER A. Received by (Please Print Clearly) Date of Delive~ C. Signature ~ X ,~.. Addressee D. Is delivery address different Eom item 17 [] Yes If YES, enter delivery address below: [] No 3. Ser, l~lt~ Type t;][Oertified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 102595-00-10952 PS Form 3811, July 7001 1940 0000 9247 9122 UNITED STATES POSTAL SE · ° Sender: Please print your name, address, and ZIP+4 in this box ° h,,llh,,llh,,,,,lt,,,ll,:l,ll,l,,,,,llh:,l,,I,th,l,,,,lll EXHIBIT "A"