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Home My WebLink About01-04986SUE A. IIARLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH LYNN AND PAUL RENEE GIRARDEAU 01-4986 CNIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 10, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 02, 2001 at 10:30 a.m. for aPre-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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Es~,~ Custody Conciliator The Court of Common Pleas of Cumberland County is required 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 ~ /~v `''~I~ /0.11-6 HIN~'Al1~SNN?d A1Nf1C~~ ~~'~"14-.E:~3~f1~ ~1~ ~~ G~~i i ~ ~;~5 4~ ``jj ;~,:~~.:. :;, .~~~Y I ' ~P-t.~~'~ ~:~~:~ s mmwwmwne~+s~a«~,+R..m-,~. mwnyw~se<mamm.-nra~sm ..~.,~ - ~~ ~^~s- SUE A. HARLEY, vs. PLAINTIFF ELIZABETH LYNN GIRARDEAU and PAUL RENEE GIRARDEAU, DEFENDANTS AND NOW, this day of 2001, 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 , 2001, at _ o'clock _,..m., for the 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 shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OII 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 PA 17013 (717)249-3166 1-800-990-9108 AMERICANS 1'~TH DISABIL.ITIFS ACT OF 19911 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 facilifies 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION -LAW ACTION FOR CUSTODY SUE A. HARLEY, vs. IN THE COURfi OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA ELIZABETH LYNN GIRARDEAU and PAUL RENEE GIRARDEAU, DEFENDANTS NO. C1 ~ - 'y4! to CIVIL ACTION -LAW l:l v~~~~ ACTION FOR CUSTODY NO~`ICE T(~ DEFEND AND CLAiM RIGHTS 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 aze served, by entering a written appeazanee 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 CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 SUE A. RAREFY, vs. ELIZABETH LYNN GIRARDEAU and :CIVIL ACTION -LAW PAUL RENEE GIRARDEAU, . DEFENDANTS :AC'T'ION FOR CUSTODY rn~LAINT FOR CUSTODY' AND NOW, comes the Plaintiff, SUE A. HARLEM, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candietlo, P.C., and makes the following Complaint for Custody. 1. Plaintiff is SUE A. RAREFY, who currently resides at 21 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendants are ELIZABETH LYNN GIRARDEAU, who currently resides at 2307 Shelby Road, Charlottsville, Virginia, 22901, and PAUL RENEE GIRARDEAU, who currently resides at 117 South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania, 170SS. 3. Plaintiff seeks Primary Legal and Physical Custody of the following minor child: NAME ADDRESS T~ATE OF $IRTH ROBERT PAUL GIRARDEAU 21 Hogestown Road August 29, 1983 Mechanicsburg, PA 4. The child was born out of wedlock. S. The child is presently in the custody of the Plaintiff, who resides at 21 Hogestown : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA Road, Cumberland County, Pennsyivania,170S0. 6. In the past five (5) years the child has resided with the following persons at the following addresses: PERSONS ADDRESS D T Plaintiff, Defendant Robert E. Crawford, Grandfather Plaintiff, Defendant Savannah, Georgia Newport, PA 131 Ridge Drive Carlisle, PA January, 1997 to June, 1997 June, 1997 to October, 1997 October, 1997 to October, 1999 Plaintiff, Defendant 117 South Walnut Street October, 1999 to July, 2001 Mechanicsburg, PA 7. The Mother of the child is the Defendant, Elizabeth Lynn Girardeau, who currently resides at 117 South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is married and plans to separate from her husband and move to Virginia. 8. The Father of the child is the Defendant, Paul Renee Girardeau, who currently resides at 117 South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Father is married and plans to continue to reside at the family residence in Mechanicsburg. Plaintiff believes he lives with a friend named "Jeff'. 9. The relationship of the Plaintiff, Sue A. Harley, to the child is that of a parental figure, a mother figure. Plaintiff currently resides alone with her natural daughter and the subject child. 10. The relationship of the Defendant, Elizabeth Lynn Girardeau, to the child is that of the Natural Mother. The Defendant currently plans to move to Virginia. 11. The relationship of the Defendant, Paul Renee Girardeau, to the child is that of the Natural Father. The Defendant currently resides in Mechanicsburg and does not plan to leave. 12. The Plaintiff does not know of a person not a party to the proceedings who had physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. The natural parents have not acted in the best interests of the child, nor have they financially provided for the child for many years; B. The natural mother, Elizabeth Lynn Girardeau, has moved to Virginia and is unable to provide for the child; C. The natural father, Paul Renee Girardeau, has a chronic alcohol problem and is unable to provide for the child; D. Plaintiff has developed a posifive, loving reiafionship with the child through their church, the Mechanicsburg Brethren in Christ Church; E. The child will be a senior at Mechanicsburg High School for the 2001- 2002 school year, but needs a home with a caring adult until he is able to complete his high school education; F. Plaintiff wants to provide the child with a loving family and a safe home environment to enable the child to complete his high school education; G. Defendants agree it is in the best interests of the child for Plaintiff to assume full responsibility for the child. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, SUE A. HARLEY, respectfully requests this Honorable Court to enter an Order granting her Full Legal and Primary Physical Custody of the child, ROBERT PAUL GIRARDEAU. Dated: ,2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay diell ,Esquire Counsel for P inti PA LD. #6499 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717)796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her laiowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: a ~ O I S A. HARLEY ~) C7 ~ ~ ~ f' i F °`n f~ \ ~ '. ] ~ 1 ^ I R . ~ r ~J p _,r., ~ ~ `, ~ ~ ~~ t -.~ Si _i SUE A. HARLEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA us. : NO. 01-4986 CIVH. TERM ELIZABETH LYNN GIRARDEAU and :CIVIL ACTION -LAW PAUL RENEE GIItARDEAU, DEFENDANTS :ACTION FOR CUSTODY ORDER OF COURT AND NOW, this I'? day of ~ , 2001, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, SUE A. HARLEY, shall haue FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY, and Defendants; ELIZABETH LYNN GHtARDEAU and PAUL RENEE GIRARDEAU, shall have PARTIAL PHYSICAL CUSTODY of the minor child, ROBERT PAUL GIItARDEAU, in accordance with the language contained in the within Stipulation. ~~rnus~~d u~ano~ a~~~~~~n~ ~; :DI 6~1~ S i ~.~0 1 ~ ,~_~r n~a~: ~~1~.-i~,-~c5~11 ~~~ J SUE A. HARLEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. : NO. 01-4986 CIVIL TERM ELIZABETH LYNN GII2ARDEAU and PAUL RENEE GHtARDEAU, DEFENDANTS CIVIL ACTION -LAW ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is SUE A. HARLEY (hereinafter known as "Guardian') who currently resides at 21 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Defendants are ELIZABETH LYNN GTRARDEAU (hereinafter known as "Mother") who currently resides at 2307 Shelby Road, Charlottsville, Virginia, 22901, and PAUL RENEE GHtARDEAU (hereinafter known as "Father") who currently resides at 117 South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. ROBERT PAUL GIItARDEAU, born on August 29, 1983, is the natural child of the Mother, ELIZABETH LYNN GIRARDEAU, and the Father, PAUL RENEE GIRARDEAU. The Guardian, SUE A. HARLEY, is a close friend and parental figure of the child, ROBERT PAUL GHLARDEAU, and joins the Mother, Father and Child as the subjects of this Stipulation for Agreed Order of Custody. It is Mother and Father's belief that it is in the best interests of their minor child to reside with and have the Guardian as a parental figure with all the rights and responsibilities of a parent for their child. WHEREFORE, Plaintiff, SUE A. HARLEY, and Defendants, ELIZABETH LYNN GIRARDEAU and PAUL RENEE GIRARDEAU, have entered into a mutual agreement regarding the custody of the minor child, ROBERT PAUL GIRARDEAU, and respectfully request this Honorable Court to enter the following Order: 1. Guardian, SUE A. HARLEY, shall have Full Legal Custody of the minor child, ROBERT PAUL GIRARDEAU. Legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religious and educational decisions. In all decisions including, but not limited to, the aforementioned types of decisions, the Guardian shall have the so10 decision-making ability for the minor child. 2. The Guardian shall have Primary Physical Custody. Mother and Father shall retain Partial Physical Custody of their child, ROBERT PAUL GIRARDEAU. 3. The Mother and Father's Partial Physical Custody with the child shall be as follows: (a) Mother or Father may contact the child to request visitation time, provided Mother and Father provide the child with a minimum of two (2) days notice of the time they aze seeking to have visitation with the child; (b) Mother and Father may communicate with the child via mail and telephone in a reasonable manner. 4. Guardian agrees to keep Mother and Father fully awaze and informed of any problems and/or emergencies in which the child becomes involved. 5. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parties. WITNESSES: ~~rl/LC~'~ I~~CL1ti ~~CN ~J STATE OVA `~`/' COUNT OF ~y~' ~"""r , to wat: I, J~o ~ v f ~ . ~o ~c~ , a Notary Public at large do hereby certify that ELIZABETH LYNN GIRARDEAU, whose name is signed to the foregoing Stipulation for Agreed Order of Custody, dated .~-8 , 2001, personally appeared before me in my state and county afores d, and acknowledged the same. Given under my hand this 2~~ day of __c___, 2001. Notary Public My Commission a fires: T~~7 ~ Dy a. o NCITARIAL SEAL ROBERT .1. GOLD, Notary Public Hampden Twp. Cumberlasrd County hAy Cc€nmission Exposes Juty 10, 2QQ3 COMMONWEALTH OF PENNSYLVANIA b ~~ ss: COUNTY OF ~~^^ °~ On this, the ~ day of , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared PAUL RENEE GIRARDEAU known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agteed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have set my hand and notarial seal. '%~ -y~e~ ~~ Notary Public My Commission Expires: J,, l~ i o ~ a-a ®3 N®TP.RIAL SEAL ROBERT J. 60LD, Notary Public Hampden Twp. Cumberla~~d County My COm_ m~ ~4`4s JUI~ . 2~3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C l~nbe,~\a~,d SS: On this, the ~~ day of !'~^'~25~ , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared SUE A. HARLEY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: Notarial Seal Kimberlyy R. Hanford, Notary Public Mechank~Mrrg Boro, Cumberland County MY Commissbn Expires Apr. 4, 2005 r 112001 SUE A. HARLEM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ELIZABETH LYNN and PAUL RENEE GIRARDEAU, Defendants NO.Ol-4986 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 9th day of October, 2001, the Conciliator having scheduled a Custody Conciliation Conference for October 2, 2001 at which neither party nor counsel appeared, and having been advised subsequently that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ~ L v -Li +". ~ l :'t7 ~' _ ~ Cn _~ t%) ~^i `' ~~ ~-/ ~ . C" ~ ...u° _: r ~ . ~ i : L uii q, G ~ _ '-7 ...J - ~'. ~S-B~ ~.. - ..~m:%~" a ~~.wzR' M+"iai~9~ gasx.a u~.-~5sv~~5s~EwF~R~4flive