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Home My WebLink About03-2316MARY ANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SETH H. DYARMAN : NO. 03 - A 3 1(o CIVIL TERM Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Mary Ann Dyarman, an adult individual currently residing at 53 Subdivision Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Seth H. Dyarman, an adult individual whose current mailing address is 111 Limekiln Road, Carlisle, Cumberland County, Pennsylvania, but who is believed to be residing at Room 404 of the Molly Pitcher Hotel, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Christopher A. Dyarman, born August 20, 2002. The child was born during wedlock. 5. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME Plaintiff Maternal grandfather Maria M. Shopp Stacy L. Shopp Plaintiff Maria M. Shopp Stacy L. Shopp ADDRESS DATES 201 Campground Road birth to Carlisle, PA April 15, 2003 53 Subdivision Road April 15, 2003 to Newville, PA present The natural mother of the child is Mary Ann Dyarman who resides as aforesaid. 6. 7. 8. She is married. The natural father of the child is Seth H. Dyarman who resides as aforesaid. He is married. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with her other two minor children, Maria M. Shopp, born November 1, 1992, and Stacy L. Shopp, born September 28, 1995. The relationship of the Defendant to the child is that of natural father. Defendant currently resides with the child at issue and with other unknown individuals. Contemporaneously with the filing of the within Complaint, Plaintiff filed a Petition for Special Relief, requesting primary legal and physical custody of the child. 9. Other than the aforementioned Petition for Special Relief, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 10. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 11. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff has exercised primary physical custody of the child since the child's birth. b) Defendant has had infrequent and limited contact with the child since the child's birth. C) Defendant does not have the ability to provide for the child. d) Since the child's birth, Defendant has failed to provide financial, physical or emotional support for the child. e) Plaintiff filed a Complaint for Support on or about May 5, 2003. f) Prior to the filing for support, Defendant indicated to Plaintiff that if she ever pursued child support through Domestic Relations, he would gain primary physical custody of the child. g) On or about May 12, 2003, while Plaintiff was at work, Defendant took the child from the maternal grandfather's care, without any prior notice to or permission from Plaintiff. h) Plaintiff fears for the child's safety while in Respondent's care. i) Defendant left with the child without any clothing, diapers, baby food or other items that an infant would need. j) Plaintiff does not know where Defendant may have taken the child. k) Defendant clearly has evidenced his intent to remove the child from the care of Plaintiff in an illicit and deceitful manner. 1) Defendant has demonstrated a lack of interest in the child through his limited contact and absence of affection; 12. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffs requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the child. Respectfully submitted, -AaA'Liacma:7?0 Mary atas, quire Attorn for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. Cc- DATE:-5:- j Y --C)3 MAR DYARM O O ?w 110 1? MARY ANN DYARMAN Plaintiff V. SETH H. DYARMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Mary Ann Dyarman, by and through her counsel of record, Marylou Matas, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Mary Ann Dyarman, an adult individual currently residing at 53 Subdivision Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Seth H. Dyarman, an adult individual whose current mailing address is 111 Limekiln Road, Carlisle, Cumberland County, Pennsylvania, but who is believed to be residing at Room 404 Molly Pitcher Hotel, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Christopher A. Dyarman, born August 20, 2002. 4. Contemporaneously with filing this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting primary legal and physical custody of the child at issue. 5. Petitioner has exercised primary physical custody of the child since the child's birth. 6. The parties, although married, have not resided together since approximately one month prior to the child's birth. 7. Respondent has exercised infrequent and inconsistent visitation with the child since the child's birth, having only exercised one overnight period of visitation with the child in or about December 2002. 8. On or about May 5, 2003, Petitioner filed a Complaint for Support against Respondent for the child at issue. 9. Respondent previously indicated to Petitioner that if she ever pursued child support through Domestic Relations, he would gain physical custody of the child. 10. On or about May 12, 2003, while Petitioner was at work, Respondent took the child from the maternal grandfather's care, without any prior notice to or permission from Petitioner. 11. Petitioner has searched for Respondent and the child since that date, but has not located either of them. 12. Petitioner learned that Respondent and his girlfriend spent the night of May 12, 2003 at the Cumberland Valley Motel. 13. Petitioner believes that Respondent stays at the Molly Pitcher Hotel at times, as well, but has not located him there since May 12, 2003. 14. Petitioner fears for the child's safety while in Respondent's care. 15. Respondent left with the child without any clothing, diapers, baby food or other items that an infant would need. 16. Respondent does not have the ability to provide for the child. 17. Since the child's birth, Respondent has failed to provide financial, physical or emotional support for the child. 18. Petitioner is concerned that without a Court Order providing her with primary legal and physical custody, which she has had since the child's birth, Respondent will continue to attempt to physically restrain the child to his physical custody by hiding the child from Petitioner and by refusing contact between the child and Petitioner, all in an effort to avoid financial obligations of child support. 19. In the event a Temporary Order is not entered in this matter, it is anticipated that Respondent will continue to restrain the child against his will creating severe conflict between Petitioner and Respondent and subjecting the child to an unstable environment. 20. The entry of the within Order of Court will maintain the status quo pending further proceedings in this matter. 21. Respondent has been provided with a copy of this Petition by regular mail at his last known addresses of 111 Limekiln Road, Carlisle, Pennsylvania, and Room 404 at the Molly Pitcher Hotel, Carlisle, Pennsylvania. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing Petitioner with temporary primary legal and physical custody of the child pending further Order of Court or agreement of the parties. Respectfully submitted, MarylQU?tas, Esq? Attorney Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: 1j - t q- o 3 M? DYARM t__ T, r n 1" VZ O n, .?. f'; C Uw .?. r- ; ? O ? ,, . ' '; - 'i ?? c:: c` t c.3 ?? ';_; c>> t_`> ,? r MARY ANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW U 1 4 SETH H. DYARMAN : NO. d3 ?o"Z31? CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of IM2 :1 2003, upon presentation and consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the above named Plaintiff shall have primary physical and legal custody of the child, namely, Christopher A. Dyarman, born August 20, 2002, pending further Order of Court or agreement of the parties. In the event that the parties are not able to establish an arrangement for partial physical custody or visitation for Defendant, the Court will entertain further requests by Defendant for designated periods of partial physical custody or visitation. Cc: Marylou Matas, Esquire _, C'>Py Attorney for Plaintiff Seth H. Dyarman, pro se Y BY THE COURT, u t r, i r r ? .,_ _lL JUN 1 9 2003 K MARY ANN DYARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2316 CIVIL TERM SETH H. DYARMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER W COURT AND NOW, this - l ? day of j to PC, , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 14, 2003 is hereby vacated. 2. Mother, Mary Ann Dyarman, shall have sole legal custody of Christopher A. Dyarman Mother shall have primary physical custody of the Child. 4. Father shall have periods of supervised visitation as agreed by the parties. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. azylou Matas, Esquire, 0,ASeth H. Dyarman 111 Limekiln Road Carlisle, PA 17013 Counsel for ?' CkKg oL-ao -63 BY THE COURT, ?` N i - 0 0 MARY ANN DYARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-2316 CIVIL TERM SETH H. DYARMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christopher A. Dyarman August 20, 2002 Mother 2. A Conciliation Conference was held in this matter on June 17, 2003, with the following individuals in attendance: the Mother, Mary Ann Dyarman, with her counsel, Marylou Matas, Esquire. The Father did not appear although he received notice of the conference. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated May 14, 2003 in response to Mother's Petition for Special Relief. Mother was awarded primary physical and legal custody of the child. 4. Mother requested an Order in the form as attached be entered. _a O Date OalcqqOine M. Verney, Esquire Custody Conciliator Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 Plaintiff Vs. Collette A. McGonigal 4341 Carlisle Pike Camp Hill, PA 17011 Defendant Vs. Commerce Bank 3201 Trindle Rd. Camp Hill, PA 17011 Garnishee In the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Division : No: 2007-92216 X11. Praecipe to Dissolve the Attachment against Garnishee To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, Michael F/R Edwin A. At Lawyer ID # Sworn and day of 2 _?... _ 1 1_ TAR4AL SEP& JENt r-ER LOEH NoSo's publiC .000N° -iTY OF SCRANTON, t "'.AWAN s Mat p9 & Associates, P.C. 0 C ,,o N f / ,, "t3 rX Fn- 1 Q