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HomeMy WebLinkAbout00-08242 ~ ,~ ,," [: . ~-' " .' , TINA LYNN STODDARD Plaintiff :IN THE COURT OF COMMON PLEAS OF .CUMBERLAND COUNTy, PENNSYLVANIA vs. :CIVIL ACTION - LAW : CUSTODY &,OOo-~I.{~ c..~~\'\ LEE MICHAEL ORNER Defendant :# CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (al (ll (iil COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D, WEEKS, ESQUIRE, Attorney for Tina Stoddard, being duly sworn according to law, depose and say that a true and correct copy of the Custody Complaint, were served on Lee Michael Orner, at 1760 Shrivers Corner Road, Gettysburg, PA 17325, by mail through the United States Postal Service, first class, postage prepaid, Certified Mail, Restricted Delivery receipt number 7099 3400 0018 5003 8298 on November 22, 2000 service was accepted on November 25, 2000, '\ NOl'AIIAL". ' ~A.~~ .."... '<,' Mr o....tIl. R........ .' ' Sworn and subscri~ to before me this ~ day of /0::'JJ Oh1Q 0 L , 2 O@, - N~;~~C'11\~~(%J l CARLISLE MPO CARLISLE, Pennsylvania 170132935 11/22/2000 (717)243-3531 02:51:55 PM Sales Receipt ~'--- Sale Unit Final Qty Price Price Product Oescriptlon ,,[' 'YSBURG PA 17325 $0.55 C,. ,t-Class Restricted Delivery $2.75 Retu~n Recel pt $1. 25 Certified $1 40 Label Serial #: 70993400001850038298 Issue PVI: $5.95 1: $5,95 Paid by: Cash Change Due: $10,00 -$4.05 Bill#: 1000400039557 Clerk: 03 Thank yOU for' YOllr business - "" IT" ru "" m CJ CJ U1 Certified Fee ~7q, 1.'10 ~,2-5 ;;;,-1-5 $ .5, '15 Postage $ , Return Receipt Fee RJ' (Endorsement RequIred) .-'l i:::J CJ Restricted Delivery Fee (Endorsement Required) CJ CJ .;;T m Total Postage & Fees >,.--.1,; eciPie~7fjiZrLft;:J~~~~~~~d by mailer) ~ ~Pl'fe?3,B~.,el!t.e,cs...~~:~:::::" l'- I ~ IlstfER: .' :- .,. fi, .-cottml.ttemsi1oand1or 2 for additi0nai servlcu. 'i 'II! C9mpl~te ~msi$, 4a~ and 4b. ' , ~=~r~ and ~_on1h8l'ev8rae ofthl8fonn eoQlatwe can retumthla I . . AtIa!>h 11':1000 10 1I1i fnlnt of the mailplece, or on 1110 baok II 8jI&ce do.. not .=~'~~linlhemB/loleo&b8IoWIh&.rtll:Ienumb01. . aThe'RMIJRn:::teCifljJf will show'to whom the article was delivered and the date <I<!Ilvared. 3, Article Addressed to: ~7~i~~ ~ JJcttr;an?f /73~Wt I etso wish to receive the following service&{lor en extra fee): 1.0 ,Addressee's Add..- 2,rRestrlcled Delivery Consult postmaster lor lae. 4a, Article Number 9 tjfXJ ()OlE'S C() 4b. Service Type O. Registered O,Express Metl 01 Ralum Receipt for Merohandlsi . pate of Delive , "5, Received By: (Print Nams) , Ze.c. /'!. ~/'/?'t'r . 6. Signature: (Addrs$Sesor ~ent) !i I_'__~_----:_.A~--'--_"--------,, ,------ -----:---- ;1 . ___ _______u_ -- -- ---- ------ - ..~-~------~-"~:-. r Receipt -----,-_.~._-_.--_._-'- '1 "\-."'- '~~;""'.. .'," ',"i.r;k """'~'i&'.i.;~1~-'iii~!IiliI~<lIiioM:iili'~i:'Jl~~llk~f+' '.' -~-;--'"""'-"i-' ~' , ,_,~_" _" "K -~ =" , ,-<, "-~ - -.-'- ","'':-)(.>'''-' C) c:::~ C) ,; "'--=> "'i"1 , 1."'; ',\ -., rrl , -;.,F -:/ ~--,.) u> \1) ---.: .-" ~ ~ ~. (,.; ::;: 2~ C) r:- );> C.::: ;~ ::> :< \ D "' . '~O'I_' 10 '-. I' /.;.!.j .. 2liJllt!\;, .' TINA LYNN STODDARD PLAINTIFF V. LEE MICHAEL ORNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8242 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4th day of December, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 21sf day oCDe.ember, 2000 , at 9:30 a.m. 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. FOR THE COURT, By: Isl The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For informa1ion about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 ,- ,,v'. ",,<-_,''''~'''' '''''-~''''''''''_.'''_ ,__ _'"oM ~, ^ -"~".' - ""-" -~ ~ ~M '"' ~_,"_'"'~~ " ,. = '.C_. ,.._".__,~_o_',.. '-'^-''''.' ,-, -;'",,'-.<t',,-, . .... .. U".".. FiLED-OFFICE ~~ ~,,,.. I."'~ .".,-{). N"OTARY t I.... ~ ...., I - <ll.(l! ; I: 1 ,",,'J "'"., I L~", ,~ , 00 DEe -4 PM 3: 3 ! CUMBERU~\jO COUNTY PENNSYLVANIA /;?r;;co (kI- ~~ -d- 4 ~ /c)-t;:<aJ 'n~ ~ 0 1f!- R-~t?c? ~o/?/~~y/~~ /-1{ , ! !:'[ !' I I! ,. I I, ::1 1:1 !,I I,! !:I 'I I" !:I Ii; I:; r,~ i:i !i' !....'I. I:: i:n i-- :,~ ~!~l'!llO~1I'i"'l""_ I >~",~ilJI'___"""",,_~,~~!liW ~ljljl&\,'!lllW~!""';'~'f'-"f""q;;C<-"!> ." ",~-,.,tM':< rnOm;!lf'W-P"~'~'~'~'~I1'I-'W;'P!"11-1"'""':-;"'F,~,~,\.~n1~'F'"~r1.-'W1jlll'~t" \. \ a I Ii "'~"" '~"" :i' ~"'1~';i.'If. TINA LYNN STODDARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY ooj:J'IJ 'It CIVIL TERM LEE MICHAEL ORNER Defendant ORDER OF COURT AND NOW, this _____ day of I 20_1 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the ____ day of , 20___, at _ _.m. I 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. 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 "_.1 Ji ~;>';", " , " TINA LYNN' STODDARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY LEE MICHAEL ORNER Defendant # CIVIL TERM ORDER OF COURT YOU, Lee Michael Orner, Defendant, have been sued in Court to obtain cuetody, partial custody or visitation of the child, born August 6, 1999. You are ordered to appear in person at Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania, on , the of I 20_, at __.M. for a hearing. Until such hearing, custody of the child shall be and remain with the natural mother, Name, Tina Lynn Stoddard. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 BY THE COURT, J. . . TINA LYNN STODDARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CUSTODY b1J- 'i'1. 'f;L # CIVIL TERM LEE MICHAEL ORNER Defendant COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is, Tina Lynn Stoddard, hereafter referred to as the natural mother, residing at 179 Peach Glen Road, Gardners, Cumberland county, Pennsylvania, 17324. 2. The Defendant is Lee Michael Orner, hereafter referred to as the natural father, residing at 1760 Shrivers Corner Road, Gettysburg, Adams County, Pennsylvnaia, 17325. 3. Plaintiff seeks legal custody of the following child: a. Name Present Residence Aae Elizabeth Ann Orner 179 Peach Glen Rd. Gardners, PA 17324 1 year b. The child was born on August 6, 1999. c, The child is presently in the custody of the natural mother, who resides at 179 peach Glen Road, Gardners, Cumberland County, pennsylvania 17325. d. The child has resided with the following persons and at the following addresses for the past 16 months: PersOns Address Dates Lee Michael Orner Tina Lynn Stoddard 179 Peach Glen Rd. 179 Peach Glen Rd. Birth until October 2000 Birth until present I - ,- .~ a-i<<. 3, 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. 4. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 5. 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. 6. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody jointly to her and father. 8. The mother requests physical custody of the child in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. 9. The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. 10. Plaintiff mother prays for an Order awarding legal custody of the minor child, Elizabeth Ann Orner, born August 6, 1999, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child, I ) ~ '. WBEREFORE, Plaintiff mother prays for an Order awarding legal custody of the minor child, Elizabeth Ann Orner, to the mother and father jointly, with actual physical custody to the mother. Respectfully submitted, ).. -..-<:> Date: \.l- v ~g Ruby D. eeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, pennsylvania (717) 243-1294 > 17013 ,~~~ :.1: :'" ,11 ~.... COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law1 deposes and says that the facts set forth in the foregoing Complaint are true and correct. /~C{ ! A:Ivd~c! Tina Lynn Stoddard Sworn to and subscrijed to bef~f\:;.e this ~i" day of lDl'(Y\bl , 2 o.Q(::L , ()l~\l~~, ro~ Notary Public CMot NOTARlAL SEAl. A. MORRow, NcIary PublIc ., ~ Boro, Cumboriond County =~ &pi"", JUO<l 28,2003 ~.<., . =. li._ 'U~']l""' TINA LYNN STODDARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY I.\'J.. #()(y'63tIVIL TERM LEE MICHAEL ORNER Defendant , ORDER OF COURT AND NOW, this ~day of j)~I't'.....,,,,C) , 20~1 upon agreement of the parties, the attached Custody Stipulation and Agreement is made an Order of Court. BY THE COURT, ~ t trpW> -fT)~ /:l..-J9-tJO ~K.s Ruby D. Weeks, Esquire For Plaintiff Douglas G. Miller, Esquire for Defendant I" 1_,...." ~ ' ~~ , _'0 ~ ., ~.~ '" .,. f"'.- 1....,11- r7jLED-OI-:FiCE "ill'-"'lr1Tt-RV . ,'__It.\.II'\ J 00 DEe 19 tiHII:05 CUIv18ERU\:\D COUNTY PENNSYLVANIA -,. .J"'_ ~~,IIiJJ!! ~!III~II~!1lU_ """"r _,j 'Cr-". _~ _~ .~ '_0 "C" ._.,- ~ ,"!I~"i"~-~' ~ ~ ~. ~~q-~-:7"~ .)~"~~..~~=~I!lI~~,,,,..,, -""'"""~--r,">,' -('~""F_~ I, I. TINA LYNN STODDARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY LEE MICHAEL ORNER Defendant II CIVIL TERM CUSTODY STIPULATION AND AGREEMENT This Agreement and Stipulation entered into the day and year hereinafter set forth, is by and between Tina Lynn Stoddard, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Lee Michael Orner natural father, who aver as follows: I. Plaintiff is Tina Lynn Stoddard natural mother and an adult sui juris, who resides at 179 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324. II. Defendant is Lee Michael Orner natural father and an adult sui juris, who resides at 1760 Shrivers Corner Road, Gettysburg, Adams County, Pennsylvania 17325, III.. Mother and father, who were never married, are the parents of one child, Elizabeth Ann Orner, born August 6, 1999. IV. The parties, Tina Lynn Stoddard and Lee Michael Orner, agree to the following custody terms regarding custody of Elizabeth Ann Orner, and request the terms be entered as an Order of Court: A. The parties shall have joint, shared, legal custody of the child. B. The mother shall have actual physical custody of the child, with partial custody awarded to the father as follows: 1. The father shall have temporary physical custody of the child every other weekend from Saturday morning at 9:00 a.m. until - 2 - ,I' ..; I; Monday morning at 9:00 a.m., beginning the weekend following the signing of this agreement by both parties. 2. The father may have partial custody of the child Tuesday and Thursday from 10:00 a.m. to 2:00 p,m. as long as he notifies the mother in advance, 3. Beginning with the year 2000 and for all-even numbered years following, the mother shall have the child on Thanksgiving, Christmas and Easter from 9:00 a.m. until 3:00 p.m. and the father shall have the child from 3:00 p.m, until 8:00 p,m. For all odd-numbered years, the father shall have the child from 9:00 a.m. until 3:00 p.m. and mother shall receive the child back at 3:00 p.m. 4. The mother and father shall alternate New Year's Day, President's Day, Memorial Day, July 4th, Labor Day. The father shall have the child from 9:00 a.m. until 8:00 p.m. on his holiday's. 5. The father shall always have the child from 9:00 a.m. to 8:00 p,m, on Father's Day; the mother shall always have the child on Mother's Day. 6. The parties shall each have a reasonable period of time with the child on their birthdays and on the child's birthday to celebrate these events. 7. The father may have partial custody of the during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. 8. The father may have partial custody of the child during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation, - 3 - " ' ~ I : " 9. Time is of the essence regarding the father's pick-up and return of the child for periods of the father's partial custody. The parties agree that if the father has not picked up the child within one hour of the set time, that period of partial custody is forfeited by the father and the mother and child are free to make other plans. 10. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. 11. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the child is in their custody. 12. The father agrees to assure the child attends activities scheduled for the child during his periods of partial custody, such as but not limited to school events, activities and outings, swimming and other such lessons, birthday and other parties to which the child is invited by her friends, The parties agree to keep each other timely advised as to these events and activities. 13. Neither parent shall do anything which may estrange 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 affection for the other parent. 14. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. - 4 - 'L, .",1 '" t, " ~ 15. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing, 16, The father is to provide transportation of the child to from his periods of temporary physical custody. 17. Neither party shall remove child from state without the prior consent of the other party and each party shall keep the other advised at all times of an emergency address and phone number where the child and the parent can be reached, including child care providers other than the parents. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals this ISIk day of ~ 20 D-> . ~ Ruby D. Weeks, Esqulre Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 ~a. {,~d0-() Tina Lynn Stoddard Plaintifft - mother ~rt# ~L 7,../f? ~ ,.~ Michael Orner Lrflefendant- father - 5 - u ," COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND jC-rl "- On this, tne :J day of \> Oril\''1~ - - , 201DJ, before me, a Notary Public, the undersigned officer, personally appeared Tina Lynn Stoddard, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. NOI'AIIAL SEAL CAllClL A.1fCIlROW. ~ I'uIlIlc 0IIIIIIe IIoto, eu.nbetland County II!t COlIlIlllJl1ar.lExpfnw June ~~ 2003 -.~ ~~, ~CL0 Notary Public COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the I~ 'fJJ day of pSClfrm(jH~ , 200Q, before me, a Notary Public, the undersigned officer, personally appeared~ Michael Orner, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. ~~~ Notarial Seal Martha L. Noel, Notary Public Catlisle Boro, Cumbetland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries - 6 - . '._-,- :",1,._- DEG 21 2000fIJ TINA LYNN STODDARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LEE MICHAEL ORNER, Defendant NO. 00 - 8242 CIVIL IN CUSTODY COURT ORDER r AND NOW, this a. {> day of December, 2000, the conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, .>-. Cr- ~ "'- {J.!~) ( ) ~~.,-~ ,q':. ~~~: i;:;~ '~"- ,~) r_"_ ,..1...r."; [~'~~~ r,':;' -. t,- o "; 2:: ~ :> -'5 -',-- rC);:!; '::.l...: "-.-1$ C).:$: co ;? s:! "v :'i: [f) C...; ,-;;1< Lv ,--;> t::::J'- ",::1.Jw ;&0..: C';:; = ~- :;::, J U ~~~';:;;;"-<-"l~:!iii;q;M1lii"a!~W"~bWirl!l\;)i!-lW:'-"'t!!tlillillil!l'fi\m;C~wt~l'd",,"";:fi;_~lih"'",i""~A"~;'!,\;H~~",,_~D~''- ~~> 6; \'::7 (-"\ 1:-'''7 ~'-:-... ;]~t.~- C) 1,- , ""_'''_'' ,<?_ "'''''''~_~_~.~, n= 1.1, () <.-~':' ;~:' 2"': (11 .,:.. 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