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Home My WebLink About03-2611NONA I GARNER-SHERIFF, Plaintiff ROGER GARNER LINDA HELMAN, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03- ,2 ~// CIVIL TERM · CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Nona I. Garner - Shedff, an adult individual whose residence is at 531 Conodoguinet Ave., Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Roger Garner, an adult individual whose residence is at 424 Avenue North, Columbia, Pennsylvania 17512. 3. Defendant, Linda Helman, is an adult individual whose last known address is P.O. Box 1483, Lebanon, Pennsylvania 17042. 4. Plaintiff is the paternal grandmother and seeks custody of the child, Victoria Marie Gamer, born January 11, 1994, who currently resides with the paternal grandmother at the above referenced 531 Conodoguinet Ave., Carlisle, Pennsylvania 17013· 5. Since the birth of the child, the child has resided off and on with the grandmother and since 1999 at age five the child has resided constantly with the paternal grandmother, plaintiff herein. 6. The relationship of the Defendants to the child is that of natural father and natural mother· 7. The Defendants where never married to each other· 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. It is believed and therefore it is advised that Defendant father consents to an order granting care and custody of his daughter Victoria Marie Garner, to the Plaintiff, paternal grandmother Nona I. Garner- Sheriff. 10. It is believed that the mother who is elusive and desires not to reveal her residential address, agrees and concurs that Nona I. Garner-Sheriff Plaintiff should have care and custody of her daughter, Victoria Marie Garner. 11. The Plaintiff, paternal grandmother, Nona I. Garner-Sheriff desires to have granddaughter maintain contact with both her natural father and mother; the life styles of both natural parents are not in the best interest of the child, Victoria Marie Garner. 12. The Plaintiff has been faced with situations involving medical care and educational decisions relative to the welfare of the child and some of the obstacles that she has met and expects to meet in the future are potentially destructive to the child's welfare absent a court order permitting custody to lie with the Plaintiff. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. 14. Each parent whose parental rights 'to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests this Honorable Court grant Plaintiffs request for legal custody and primary physical custody of the minor child, Victoria Marie Garner. Date Respectfully Submitted TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint for Custody filed in the above captioned case upon Linda Helman and Roger Garner by certified mail, return receipt requested on _~,.~/ day of ..~',,~ , 2003 addressed to' Linda Helman P.O. Box 1483 Lebanon, Pennsylvania 17042 Roger Garner 424 Avenue North Columbia, PA 17512 TURO LAW OFFICES G;a'[en Waltz, Ess~' - 28 South Pitt St~t Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff NONA I. GARNER-SHERIFF PLAINTIFF ROGER GARNER & LINDA HELMAN DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2611 CIVIL ACTION LAW iN CUSTODY _ORDER OF COURT AND NOW, Friday, June 06, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja~Equeline M. Verne~v, Es .~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 01, 2003 at 8:30 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 a!opear 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/ facqueline M. Verney. Esq, b 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ¥1NVA'n,kSNN~d k1.",!~:%' NONA I.GARNER - SHERIFF, Plaintiff ROGER GARNER LINDA HELMAN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-..~/',," CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Complaint filed in the above captioned case upon Roger Garner, by certified mail, return receipt requested on June 3, 2003 addressed to: Roger Garner 424 Avenue North Columbia, PA 17512 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 7, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES -.~;~len R. Waltz, E/S~31're 28 South Pitt Str~t Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff :~ SENDER: I also wish to receive the follow- '~e~ []~ ,~-C°mpleteC°mplete itemsitems 3,1 and/or4a, and2 4b.f°r additional services, ing services (for an extra fee): [3 Phnt your name and address on the reverse Of this form so that we can return this card to you. 1. [] Addressee's Address ~3 Attach this form to the front of the mailpiece or on the back if space does not rmit ' 2. I~Restricted Delivery [~ ..~?~ .~.et_~ur~ Receipt witl show to whom the adirJe was delivered ,nd the date ~ ~umber COlumb, VH 1-75l tee ts patci) 5. Receive ' PM -- PS ~r~ 3E~ ~, D~r 1~ - - 1~5~-~.8~223 ~flc Return Receipt ~..J NONA I.GARNER - SHERIFF, Plaintiff ROGER GARNER LINDA HELMAN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- ,-:?~// CIVIL TERM : CIVIL ACTION - CUSTODY : : ,AFFIDAVIT OF SERVICF I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Complaint filed in the above captioned case upon Linda Helman, by certified mail, return receipt requested on June 3, 2003 addressed to: Linda Helman P.O. Box 1483 Lebanon, PA 17042 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 6, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES "Galen R. Waltz, E .~i're 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff I also wish to receive the follow- ing services (foran extra fee): 1. [] Addressee's Address 2~"Restricted Delivery ~er - [] Registered ,~ertified ~ Express Mail ~ Insured _~Retu rn Receipt for Merchandise i'-] COD 7. Date of Delhi'ery 8. Addressee's'Address (Only if requested and fee is paicl) 102595-99-e.0223 ~.e~c Return~ JUL U1 ZOO3 K NONA I. GARNER-SHERIFF, Plaintiff ROGER GARNER and LINDA HELMAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-2611 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY : ORDER OF COURT AND NOW, this ~ day of ~ ,2003, upon consideration of the attached Custody Con~liatio~ Report, it is ordered and directed as follows: 1. The Paternal Grandmother, Nona I. Garner-Sheriff, the Father, Roger Garner, and the Mother, Linda Helman shall have shared legal custody of Victoria Made Garner, bom January 11, 1994. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Paternal Grandmother shall have primary physical custody of the child. parties. Father shall have periods of partial physical custody as agreed by the 4. Mother shall have periods of partial physical custody, as follows: a. Beginning August 1, 2003 alternating weekends from Friday to Sunday at times agreed by the Mother and Grandmother. b. Two weeks in the summer. 5. Transportation shall be the responsibility of the parents. 6. This Order is entered pursuant to an agreement of the parties at a 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. THE cc: Galen Waltz, Esquire - Counsel for Grandmother Roger Garner, pro se 424 Avenue North Columbia, PA 17512 Linda Helman, pro se 118 S. 7th Street Apt. #B Lebanon, PA 17042 NONA I. GARNER-SHERIFF, Plaintiff V. ROGER GARNER and LINDA HELMAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2611 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 conceming the Child who is the subject of this litigation is as follows: NAME Victoria Marie Garner DATE OF BIRTH CURRENTLY IN CUSTODY OF January 11, 1994 Paternal Grandmother 2. A Conciliation Conference was held in this matter on July 1, 2003. Paternal Grandmother, Nona I. Garner-Sheriff, was present with her counsel, Galen Waltz, Esquire, and Mother, Linda Helman, was present pro se. Father did not appear but provided a statement indicating his approval that the paternal grandmother have legal and physical custody of the child. 3. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELAH N. STARNER, Plaintiff JASON S. STARNER, Defendant No. 2003-2605 ' CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THEPROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Kelah N. Starner, in the above- captioned matter. Date: HANFT & ]~%NIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-51373 Attorneys for Plaintiff