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HomeMy WebLinkAbout01-6044TRACY L. GARMAN Plaintiff TODD M. GAP, MAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Ol - ~,CY-/ff CIVIL TERM CIVIL ACTION - LAW CUSTODY COMPLAINT IN CUSTODY 1. The Plaintiff is TRACY L. GARMAN, residing at 145 Chester Street, Carlisle, Pennsylvania. 2. The Defendant is TODD M. GAP, MAN, 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 Tracy Garman Todd Garman ADDRESS 145 Chester St., Carlisle, PA 145 Chester St., Carlisle, PA 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. RELATIONSHIP mother father 4. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Taylor Garmma Daughter Todd Gamma Father The 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 Gamma 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 the child or claims to have custody or visitation fights with respect to the child. 7. The best interest mad 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, mad is currently living with his parents. 8. Each parent whose parental rights to the child have not been terminated mad 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 fight to 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, Dirk E Berry, Esquire, Esqui e Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 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. TRACY L. GQ/R~N TRACY L. GARMAN Plaintiff TODD M. GARMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. CIVIL TERM : : 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 the following persons: Mark Schwartz 60 W. Pomfret Street Carlisle, PA 17013 Date: / t) ~ 22 - ~>? Dirk E Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 TRACY L. GARMAN PLAiNTIFF V. TODD M. GARMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-6044 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 28, 2001 at 2:30 PM for a Pre-Heating 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/ ]acqueline M. Verney. Esq. 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 heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AWFORNEY 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 ViNVA'I},SNN~ TRACY L. GARMAN, Plaintiff TODD M. GARMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6044 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY CUSTODY STIPULATION AND AGREEMENT Made this ~ ~-d day of ~)~C ¢na ~)~ f ,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, bom 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. follows: Father shall have partial physical custody and visitation with the child as 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. 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 ail 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 naturai 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, shail be controlling. 14. The failure of either party to insist on strict performance of the provisions of this Stipulation and Agreement shail 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 Conrt of the Common Pleas of Cumberland County, Pennsylvania. 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: TODD M. GARMAN, DEFENDANT TRACY L. GARMAN, Plaintiff TODD M. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA · ' NO. 2001-6044 CIVIL TERM : 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 THECOURT, ine M. Vemey, Esquire, Curdy Conciliator TRACY L. GAP, MAN, Plaintiff TODD M. GARMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6044 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY 3. 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 AND NOW, this t{ , 2001 it is ordered and directed 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. Mother shall have primary physical custody of the child. Father shall have partial physical custody and visitation with the child as 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 exemised. 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, this Order shall be controlling. Mark D. Schwartz, Esquire Attorney for Defendant 60 W. Pomfret Street Carlisle, PA 17013 Dirk E. Ber., Esquire Attorney for Plaintiff 7 I~ine Row Carlisle, PA 17013-3019 2731 IN THE COURT OF COMMON PLEAS OF CUMBERLAND PALISADES COLLECTION LLC : 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 : COUNTY, PENNSYLVANIA Plaintiff vs. TIFFANY SWEENEY Defendant(s) : PRAECIPE FOR JUDGMENT Mr./Ms. Clerk: Please enter Judgment in favor of Plaintiff and against Defendant(s), TIFFANY SWEENEY and , pursuant to the District Justice Transcript. (x) Amount due $ 2736.77 Less credits $ TOTAL $ 2736.77 , plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. DATE: NOW, ol_ ,2o Signature: Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff t onotary/Clerk, Civil~ision By: Deputy PRAEDJ/PANOJ W&A FILE NO. 120271344 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU'MBER~ Mag D~st No' 09-3 -01 DJ Name: Hon. HAROLD E. BENDER Ad~re~$: 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone' (717) 532-7676 17257-0361 PALISADES COLLECTION, LLC. 267 EAST MARKET ST. C/O WOLPOFF & ABRAMSON YORK, PA 17403 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPALISADES COLLECTION, LLC -~ C/O WOLPOFF & ABRAMSON L~ORK, PA 17403 _j VS. DEFENDANT: NAME and ADDRESS FSWEEI~Y, TIFFANY -~ 46 SHORT LANE SHIPPENSBURG, PA 17257 Docket No.: CV- 0000171 - 04 Date Filed: 6/25/04 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) E~ Judgment was entered against: (Name) DEFAULT JUDG~IT PLTF DAT.T~A~R ~T.lr.~.~T~: ~k~V-~Y~ TIFF2M~-~ T,T,~ in the amount of $ 2:7~_77 on: (Date ol= Judgment) ~-~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical E~ damages arising out of residential lease $ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. ([)ate & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 2,652.27 84.50 .00 .00 2,736.77 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGI~'ENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ¢~,~/" 07 Date /~~./' ~. ~./-z~ , District Justice I certify that this is a true and correct copy of the rec_grd of the proceedings containing the judgment. ¢C~-~ '(~¢Date /~o-~ ~~ ,DistrictJustic~ My commission expires first Monday of January, 2006 . AOPC 315-03 DATE PRINTED: 7/21/04 11:38:44 SEAL 2727 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC : : 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 : : Plaintiff : vs. : TIFFANY SWEENEY : Defendant (s) No. CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 and certify that the last known address of the within Defendant(s) is: TIFFANY SWEENEY 46 SHORT LN SHIPPENSBURG PA 17257-9498 Am~ 'Fi -6o-~['e '- -3/87062 Daniel F. I~olf'son 3/20617 Bruce H. ~herk. is 3/18837 Philip C. Warholic 3/86341 WOLPOFF & ABRam{SON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403, (717) 846-1252 Counsel for Plaintiff PCRES/PANOJ W&A FILE NO. 120271344 2723 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ Plaintiff VS, TIFFANY SWEENEY Defendant (s) 07632 No. CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Amy F. Doyle, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, TIFFANY SWEENEY , above-named, is over 21 years of age; is last known to reside at 46 SHORT LN SHIPPENSBURG PA 17257-9498 County of York, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servlcemembers Civil Relief Act and its Amendments. COMMONWEALTH OF PENNSYLVANIA. Notarial Seal Dina A. Sweitzer, Notary Public City of York York County My Commission Expires Apr. 16, 2008 Amy 'F: -Doyle .... v- -""'-/]~8~06-'2 ' Daniel i. &~olfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABR~MSON, L.L.P. Attorneys in tlhe Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this ~ day of ~CoV~3~f otary Public PNMAFF/PANOJ W&A FILE NO. 120271344 2oe, . 2719 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC : NO. 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 Plaintiff VS. TIFFANY SWEENEY 46 SHORT LN SHIPPENSBURG PA 17257-9498 Defendant(s) CIVIL ACTION - LAW NOTICE OF GRDER, DECREE OR JUDGMENT TO: TIFFANY SWEENEY 46 SHORT LN SHIPPENSBURG PA 17257-9498 You are hereby notified that thec~ C5~ Ff'°ll°w~ng~O'P~ER' DECREE or JUI~MENT has been entered against you on x%/k.~ ' ' in accordance with the provisions of Pa. R.C.P. 236. ( ) ( ) ( ) ( ) (x) ( ) Decree Nisi in Equity Final Decree in Equity Judgment of ( ) Confession ( ) Default ( ) Non-pros Judgment is in the amount of $ ( ) Verdict ( ) Non-suit ( ) Arbitration Award , plus costs. District Justice transcript of judgment in civil action in the amount of $ 2736.77 , plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department Prothonotary ' If you have any questions regarding this Notice, please contact the filing party. Am~ f.v~Byf~, '-~#S7~62 fI~,i~l F. Wolfson ~20617 Bru~ H. Ch~rki~ ~18837 / Philip C. Warholic ~86341 WOLPOFF & ~R~SON, L.L.P. / Coun~l for Plaintiff Attorneys in the Practice of Debt Collection 267 East Market Street, York, PA 17403 (717) 846-1252 (This Notice is given in accordance with Pa. R.C.P. 236.) DJNTC/PANOJ W&A FILE NO. 120271344