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Home My WebLink About01-06044 "" " - ,'~~ , - ,. - r<' '-"""'*~d"'i,-, . , TRACY L. GARMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-6044 CIVIL ACTION LAW TODD M. GARMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tllesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland COllnty Courthollse, Carlisle on Wednesday, November 28, 2001 at 2:30 PM 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 hearing. FOR TIIE COURT, By: Isl Jacqueline M. VernQ'. Esq. Custody Conciliator /1tL c 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 " -~~~~ -., ."- "".,''"'''' -, ,'- ~" -- -- ~"" . -""- -- ~ ---""~"-~~I- --." '^ ',"( ,>,,- ~ ,"" :x;,s:>U.-,,,'y-fo;,- -"""'" ~"'_'_7'_ "~--"''''-'''''''-''ti~--jffj,)- ..,<_','w,'" '-1" '1'r"lrll" j""''''''"-''' "'.~<. "fiiri'T1JC '\"(,''''t'''''\'r; It!? -Jh:9( IcJ -.3/-C'/ /cJ 'J/ .cv //g ~ c:: -;-, .- :':-:\\::-~TlriY ',' or'T" I u I ,~ ,) C', I'. ~'! Hh I' ':. ~ C, i' :/,;. i ,., '''.'lJ' nv vIV,u-L. 'U'\I \LJ I-___~..) i\ I I PENNSYi.:JArW\ W. t'~~ :t;..4. ~ . ~~~~~ df0~ ~~~cUf~h~. . . _______~_"_____.~__==""""'...,,...="no__".~m""~"""ow,~.".,_"'R.""___$l~iW.r'(.t'..';,cJ.y.,,';:'y!CT"_' F.' ~I ""1"""~""""""'''''' .-" ".F,"" '-'-_'"'-"<t'''~:-'''''~"[-::;-<Il!'''')I--~pT'~,~t " '~.- '"0 _,._,._, ,. e' ,",a" ",-c 1,_ -i-----C.'JiI TRACY 1. GARMAN Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01 -iPcJ.Il{ CIVIL TERM TODD M. GARMAN Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT 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 _.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. BY 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, PA 17013 (717) 249-3166 ~. ,.' _' ~,', '_~'_. 0" f.._; ;,""~:,\,'t v~-,~-:",v >0.i J;.i~~'~b":___: ;, ,- I~.,__ 1;,j,-,-",~; ttil TRACY 1. GARMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.DI-f.:,OLty CIVIL TERM CIVIL ACTION - LAW CUSTODY TODD M. GARMAN Defendant COMPI.AINT IN CUSTODY 1. The Plaintiff is TRACY 1. GARMAN, residing at 145 Chester Street, Carlisle, Pennsylvania. 2. The Defendant is TODD M. GARMAN, residing at 145 Chester Street, Carlisle, Pennsylvania. 3. Plaintiff seeks Primary Physical Custody of the following child: NAME PRESENT RESIDENCE AGE Taylor Garman 145 Chester Street, Carlisle, PA 1 1/2 yrs. The child was not born out of wedlock. The child is presently in the custody of Plaintiff. The child has resided, since birth, with the following persons and at the following addresses: PERSONS ADDRESS RELATIONSHIP Tracy Garman Todd Garman 145 Chester St., Carlisle, PA 145 Chester St., Carlisle, PA mother father The mother of the child is Plaintiff. She is married to the father. However, father has filed for divorce. The father of the child is Defendant. He is married to the mother. ~ ."'...,=.-.~~. "-.I'<;J,~-~ 4. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Taylor GamIan Daughter Todd Garman Father 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Leo Garman father Belva GamIan mother 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigaiton concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of tlle child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: Father has filed for divorce, moved out of the marital residence, and is currently living with his parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons named below, who are known to have or claim a right to Ii; 'U"~"u''';- ., . "; '_ ""-."'~ - "-". ,-"",.-~ "'L"-~ f ,",~ -"-~,;~",,f.'" '';'';;';C,,' _;<',~ '-'- . ~ -~<----"-,,- custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM None known. WHEREFORE, Plaintiff requests the Court to grant Primary Physical Custody of the child, Taylor Garman, to Plaintiff, Tracy Garman. Respectfully submitted, /~lc,51 __ /' % Dirk E. Berry, Esquire, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 o . .- ;~" -~ ',.- '<--' ^~-, ," .- <,- . ,'""',,,-'.,j, --"<;~--",,, c_ -, '~__;, ~-f-~>-', -~:)"-'-'::i.. ,L -~',-~jd_,,:: ., VERIFICA TION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. .~ =, -.- "" - ~-" p--".>, "~"""""''''-'-'''''' ",-~-'~- , '<1-, '"'~,:""'-"'J '. TRACY 1. GARMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. No. CIVIL TERM TODD M. GARMAN Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certifY that on this day I served the Petition for Custody by First-class mail, postage pre-paid, upon tlJe following persons: Mark Schwartz 60 W. Pomfret Street Carlisle, PA 17013 Date: ! 0 - 22 - 01 /Y4J7 Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 ----- iil~1i.~~~~'.l>til!t~""~$~~.~';" n C'~J C) (":.:. n - ~ "'<J s: ::J t -oc~' CJ .& fTl{-;", ....... g Z:I~ N ' -,-:,-=:~: ze- , ;......' ~:z: (....) "', -'-. - '.~ ':of. ~~ B ~C:) ". .:.:' ""n ):;>'-- :x ' ,- 2'C) :.:;.C) - g . .0 CE Om - )>:c --j -4 ~ ~ :J1 ~ ..0 ~ -.l -< ..() - $ lLlJ.lHlJlJJ 11!U111I1 L.~"l:.lJJ.~.JJj".JI,lL...iJ-~m\.~.I..~J,I.!.lIL.I..J...,.. .., ,', ,.....,. ...~ '" ,. .~Jo!l;a~ L\>L\"-'"'-.'c,,-. NOV 2 9 2001 TRACY 1. GARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2001-6044 CIVIL TERM TODD M. GARMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2001, the Conciliator being notified that the parties have reached an agreement in the above captioned matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, dy Conciliator i''''~___~I~!J,"';,{:;,i!-"",.,.....'ii:iI~2]:"",,1>.i~ti$",a~''.j;o'','''s,,~ -',' -_,,'._<'''' ,'i,'~...{' ,,,,'~':-'l>-;,,;~;-,,!~,,,"'1i!l;il;\-La~'.!~=""""'WIIc "~ .IlIIIUlIII.jtl-~~~lli'_"'" '" JJ '''' 1.IJ.I 1.1. Jr..1 '" U,JUJLi!I;J~~JJiU.UU,UC'. " ,.,v"AA~,. .." t.. ., " (") c ill I~~~ """-' .2:t~c: (f),J' :-< ;< rc " .~5..~, ;:O--l; .".c.. ~-::;. '- ;:::0- ~ CJ t":') ;''1 C") :'6' c~~ ::~: .,..:,~ :n 10 fS f3H ",_-';>-~-""-',~" ".",,, "'".,~~." ~ "-~""-~. , , ^.-,",- ,- ~-- '-..:Ii '. TRACY 1. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6044 CIVIL TERM TODD M. GARMAN Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT ANDNOW,this~dayof ~ , 2001 it is ordered and directed as follows: 1. The parties shall have shared legal custody of tlIe child, meaning that tlIey shall share tlIe legal right to make major decisions affecting tlIe best interest of tlIe child and all of tlIe major matters related to the child, including but not limited to, medical, religious and educational decisions. 2. MotlIer shall have primary physical custody of tlIe child. 3. Father shall have partial physical custody and visitation witlI tlIe child as follows: a) on alternating weekends from Friday at 3:00 p.m. until Saturday at 7:00 p.m. b) every otlIer Wednesday evening from 3:00 p.m. until 7:00 p.m. on tlIe Wednesday following fatlIer's partial custody weekend. 4. Christmas. MotlIer shall enjoy custody of tlIe child every year, from 10:00 a.m. on Christmas Eve, December 24, until 10:00 a.m. on Christmas Day, December 25. FatlIer shall enjoy custody of tlIe child, every year, from 10:00 a.m. on Christmas Day, December 25, until 6:00 p.m. on Christmas Day, December 25. 5. Thanksgiving Day. Thanksgiving Day shall be split into two custody periods. Custody period "A" will be from 9:00 a.m. on Thanksgiving morning until >' ,. '.,-,' " ':- '-~,~~ ,-.-"",,,,,,,-, 'c."='<,~~"", ' -'.I-,~; "1l1ll, , , 2:00 p.m. on Thanksgiving Day. Custody period "B" will be from 2:00 p.m. on Thanksgiving Day until 9:00 p.m. on Thanksgiving Day. The parties will alternate the custody periods every year with father enjoying custody period "A" in the year 2001. 6. Memorial Day and Labor Day. Father shall enjoy custody of the Child on every Memorial Day and Labor Day from 10:00 a.m. until 6:00 p.m. 7. Fourth of July and New Years Eve. Mother shall enjoy the custody of the Child every year on the Fourth of July and New Years Eve from 10:00 a.m. until 6:00 p.m. 8. Mother's Day-Father's Day. Each parent will exercise custody on their respective Mother's Day/Father's Day from 8:00 a.m. until 8:00 p.m. 9. Birthdays. Father and Mother shall each enjoy custody of the Child from 10:00 a.m. to 6:00 p.m. on Mother's and Father's birthday. There will be no special provision for the Child's birthday, which custody shall be in accordance with the regular schedule. 10. Summer vacation. Each parent will be entitled to one week of uninterrupted vacation custody with the Child provided however that this week must not conflict with weekend custody that would be normally due the other parent under the regular schedule and provided that each parent notifies the other parent no later than April 30 of the week that summer vacation custody will be exercised. 11. The parent gaining custody will be responsible for all transportation. The party relinquishing custody will be responsible for designating the place of pick-up of the Child which will, in every case, be either the parent's residence or the residence of the Child's grandparents residence. 12. 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 and affection for the other It - --.C~'" w",.7 ".""'-",' , ,. .-"'-..~-. _'o=',"-"'~"'-_,J__,"'~=_.,,",;:;,,., .. " "]'" ";41 parent. Both parents will insure that all third parties abide by the restriction and do nothing which may estrange the Child from either parent or injure the opinion of the Child as to either parent or which may hamper the free and natural development of the Child's love and affection for either parent. 13. The parties may at any time modify this Agreement and act in accordance with such modification provided, however, that both parties must agree to said modification. In the absence of any agreement by both parties, this Order shall be controlling. BY TllE COUR ( J. Mark D. Schwartz, Esquire f'<"Y\ ... l-\l Attorney for Defendant fl.G,- ," \ 60 W. Pomfret Street {!511-0/ .-(f) ~ Carlisle, PA 17013 . LB1( Dirk E. Berry, Esquire R .3 Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 --'1)1: '-^ ,,---',-- "--"""'e_" -'_r~'"-,;- . ,--j; '. ".-" ,--~"';; "'-;"-"'t'(-'-"-:t-"- '-"~'t"~>"'~<-";;'-'~'r"~T"-;'r"Jt:-:Tlr-i,-'::.':" ll':.<:'-'-':'~'~'Wi'y:;'t":j~'~ll"JJ~'~-r~t -~f;'''i"''''';''k.11-) ~5 W ;-)., ,. I'J Yi;i'-JlY " ~ , "r' Pt-J 1: r; ~ \ l~, -' ',(',' I\ITv '~'''_I " __J\.J__~~[ /J,_,\ i\i'~"Vi \ f,\ I. n. ' , l~lljj'i0 (,"~'i;',i\ir/\ "",_~""!I/!I!'~!_~~~8!o~~lejI~~~~--...'~l!!f!~IpI""!l!l~~-,;<,,,_~~,,~~~_l~ - " "'-~ ",' -'-,j";", ',- ';~:, TRACY L. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6044 CIVIL TERM TODD M. GARMAN Defendant CIVIL ACTION - LAW CUSTODY CUSTODY STIPULATION AND AGREF.MRNT 3rJ. Made this day of December , 2001, by and between TRACY L. GARMAN, Plaintiff, hereinafter "Mother," and TODD M. GARMAN, Defendant, hereinafter "Father," WHEREAS the parties are parents of the child Taylor Garman, born April 2, 2000, hereinafter "child"; and WHEREAS, the parents wish to enter into an agreement relative to custody, partial custody and visitation of the child; and WHEREAS, the Child has resided in Cumberland County, Pennsylvania for at least six (6) months, thus giving this Court jurisdiction. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have shared legal custody of the child, meaning that they shall share the legal right to make major decisions affecting the best interest of the child and all of the major matters related to the child, including but not limited to, medical, religious and educational decisions. 2. Mother shall have primary physical custody of the child. h ., ~'~~"~"''''-''~'''-'''- "'-";',0-'_'~"';'~,Nv,:~ -"I:;,' """:[.! 3. Father shall have partial physical custody and visitation with the child as follows: a) on alternating weekends from Friday at 3:00 p.m. until Saturday at 7:00 p.m. b) every other Wednesday evening from 3:00 p.m. until 7:00 p.m. on the Wednesday following father's partial custody weekend. 4. Christmas. Mother shall enjoy custody of the child every year, from 10:00 a.m. on Christmas Eve, December 24, until 10:00 a.m. on Christmas Day, December 25. Father shall enjoy custody of the child, every year, from 10:00 a.m. on Christmas Day, December 25, until 6:00 p.m. on Christmas Day, December 25. 5. Thanksgiving Day. Thanksgiving Day shall be split into two custody periods. Custody period "A" will be from 9:00 a.m. on Thanksgiving morning until 2:00 p.m. on Thanksgiving Day. Custody period "B" will be from 2:00 p.m. on Thanksgiving Day until 9:00 p.m. on Thanksgiving Day. The parties will alternate the custody periods every year with father enjoying custody period "A" in the year 2001. 6. Memorial Day and Labor Day. Father shall enjoy custody of the Child on every Memorial Day and Labor Day from 10:00 a.m. until 6:00 p.m. 7. Fourth of July and New Years Eve. Mother shall enjoy the custody of the Child every year on the Fourth of July and New Years Eve from 10:00 a.m. until 6:00 p.m. 8. Mother's Day-Father's Day. Each parent will exercise custody on their respective Mother's Day/Father's Day from 8:00 a.m. until 8:00 p.m. 9. Birthdays. Father and Mother shall each enjoy custody of the Child from 10:00 a.m. to 6:00 p.m. on the respective Mother's and Father's birthday. There will be no special provision for the Child's birthday, which custody shall be in accordance with the regular schedule. ^~ ,.-~,-y~,-~". ~~""'"'--~rr_'>_,""-,,,,,,,<,,,,,_,, '"'>,.,.-,,,.,,, -.ct _, :-;, 10. Summer vacation. Each parent will be entitled to one week of uninterrupted vacation custody with the Child provided however that this week must not conflict with weekend custody that would be normally due the other parent under the regular schedule and provided that each parent notifies the other parent no later than April 30 of the week that summer vacation custody will be exercised. 11. The parent gaining custody will be responsible for all transportation. The party relinquishing custody will be responsible for designating the place of pick-up of the Child which will, in every case, be either the parent's residence or the residence of the Child's grandparents residence. 12. 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 and affection for the other parent. Both parents will insure that all third parties abide by the restriction and do nothing which may estrange the Child from either parent or injure the opinion of the Child as to either parent or which may hamper the free and natural development of the Child's love and affection for either parent. 13. The parties may at any time modify this Agreement and act in accordance with such modification provided, however, that both parties must agree to said modification. In the absence of any agreement by both parties the Court Order, pursuant to this agreement, shall be controlling. 14. The failure of either party to insist on strict performance of the provisions of this Stipulation and Agreement shall not be construed as a waiver of any subsequent default of this same Stipulation. The parties agree and desire this Stipulation Agreement be made an Order of Court of the Common Pleas of Cumberland County, Pennsylvania. .'~~"'~ ~,-",-~ ,,'-, _"',",,'+'0 -~''''"''-'-"'~'<.J'''''-O'''''',~-_i;.;,_L ,,-'; .-'~.r;'l .' 15. This Stipulation Agreement shall become an Order of Court with the Court of Common Pleas of Cumberland, entering said Order and retaining jurisdiction should either party desire or require modification of said Order. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESS: I~d'l ~i FN'. \tMdJ~ ~Web~J ,. . ::J .L/~ ~l'.''''''- TODD M. GARMAN, DEFENDANT !il ~li!W';;'~.N _lifT" '-""'''~''''''''-':-'~'''~JliijJj~M~''''" 'i~.:dltlJi-lf '-' . ." U'.:~.~._! JlDlUIIUII I HI ~--~"'~ roQ u~ ~~ Y?~ B _ __ ,__ ",~~. _ ~.~,.l~,.,_~,,_ "'~~"""" ,_~_~",,~ ","" A' '_"~~,,,,'_,, e".."<">,,,,.. '-" "'.' ,"__~,,, '. ',"""- "',",' _r _ ? '"1)\.-, 111f";-' ~)i;-'-' ~<-.",. c;:: r. ~ ~r~~: ~:c::: 3 -< ". n ,;;; o Cj ,." ;:-) I C~ E.s 1311 n ;-"r: .--! ~-':l w .'c.:':) ;-:\ -:::-J (:::> .1~~ ~