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HomeMy WebLinkAbout07-6089 JEFF E. LAMBERT, v. Plaintiff VELERIA D. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. O 7' ~ 0 ~ CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT FOR A COURT ORDER REGARDING CUSTODY JEFF E. LAMBERT, Plaintiff in the above captioned action and VELERIA D. SNYDER, Defendant in the above captioned action do hereby Stipulate and Agree as follows: WHEREAS, the Plaintiff is Jeff E. Lambert who resides at 609 Bosler Avenue, Apartment 1, Lemoyne, Cumberland County, PA 17043; and WHEREAS, the Defendant is Veleria D. Snyder who resides at 609 Bosler Avenue, Apartment 2, Lemoyne, Cumberland County, PA 17043; and WHEREAS, the children subject to the Complaint for Custody and this Stipulation and Agreement are Taylor Renee Cornett, born September 27,1993 and Tyler Lee Cornett, born September 27, 1993; and WHEREAS, the Defendant, Veleria D. Snyder has legal custody of the above named children as result of a Court Order dated December 18, 2003 by the Superior Court of Ware County, State of Georgia all as more particularly set forth in pazagraph 3 in the Complaint for Custody filed in this matter; and • r IN WITNESS WHEREOF, the parties hereto intending to be legally bound hereby have hereto set their hands and seals this ~ day of ,.~L° ` Y , 2007. (SEAL) Jef E. rt (SEAL) Veleria D. Snyder . r, n-} 6t !~l t~ r~ `1 ~~ ~~ ~:~O~O~l ~~~1t~;S~~%~r~~.~ucd =H.L ~0 ~~f~ ~C~~~I:~ JEFF E. LAMBERT, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VELERIA D. SNYDER, Defendant CIVIL ACTION -LAW NO. 0 ~7 '(ob~C~/CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is JEFF E. LAMBERT, an adult individual residing at 609 Bosler Avenue, Apartment 1, Lemoyne, Cumberland County, PA 17043. 2. The Defendant VELERIA D. SNYDER, is an adult individual residing at 609 Bosler Avenue, Apartment 2, Lemoyne, Cumberland County, PA 17043. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Taylor Renee Cornett, 609 Bosler Avenue, Lemoyne, PA 17043 September 27, 1993 13 yrs Tyler Lee Cornett, 609 Bosler Avenue, Lemoyne, PA 17043 September 27, 1993 13 yrs The children were born out of wedlock. The children are presently in the legal custody of Veleria D. Snyder as a result of a Court Order dated December 18, 2003 by the Superior Court of Ware County, State of Georgia. A certified copy of the Court Order is marked Exhibit "A" and attached hereto and made a part hereof. By a separate Power of Attorney for each of the children subject to this Complaint, each dated January 11, 2005, Veleria D. Snyder did name, constitute and appoint Jeff E. Lambert as her true and lawful agent for her and in her name and in her behalf to act as the guardian and custodian of the above named minor children. A copy of each Power of Attorney is marked Exhibit "B" and "C" respectively and attached hereto and made a part hereof. During their lives, the children have resided with the following persons and at the :following addresses: NAME ADDRESS DATES Jeff E. Lambert and Deborah Lambert Veleria D. Snyder Gene S. Lucas Georgia Lucas 609 Bosler Avenue, Apt 1 Lemoyne, PA 17043 609 Bosler Avenue, Apt 2 Lemoyne, PA 17043 6 Oak Lane Mechanicsburg, PA 17050 December 18, 2003 to date December 18, 2003 to date December 18, 2003 to date The children subject to this Complaint are and have been students at the Milton Hershey School in Hershey, Pennsylvania. They have had various addresses while students at the Milton Hershey School with Tyler Lee Cornett's current address being 570 Crest Lane, Hershey, PA 17033 and Taylor Renee Cornett's current address being 400 Meadow Lane, Hershey, PA 17033. Their legal address, however, is 609 Bosler Avenue, Lemoyne, PA 17054. The mother of the children is Rhonda Veleria Altman, who is deceased, having died Apri128, 2003. The biological father of the children is Darren Cornett whose current address is unknown. By an Order dated February 26, 2004 entered in the Superior Court of Ware County, State of Georgia, the Petition of Darren Cornett to legitimate Tyler Lee Cornett and Taylor Renee Cornett was denied. A certified copy of the Court Order denying said Petition is marked Exhibit "D" and attached hereto and made a part hereof. As a result of the denial of Darren Cornett's Petition to Legitimate the children, he losses all rights to the children and accordingly no notice of this proceeding has been given to him. See legal authority marked Exhibits "E" and "F" attached hereto and made a part hereof. ,. 4. The Plaintiff is not related to the children. He is, however, the guardian and custodian of the children as a result of Powers of Attorney as set forth in paragraph 3 above. He is also the son of Georgia Lucas and stepson of Gene S. Lucas referred to in paragraph 3 above and in paragraph 6 hereinafter set forth. The plaintiff currently resides with his wife, Deborah Lambert. 5. The relationship of the Defendant to the children is that of maternal grandmother. The Defendant currently lives alone. 6. Georgia Lucas and Gene S. Lucas are the maternal aunt and uncle of the children and by a Court Order dated October 15, 2003 entered in the Superior Court of Ware County, State of Georgia, they were awarded custody of Victoria Rose Altman who is a halfsister to the children subject to this Complaint for Custody. A certified copy of the Court Order granting custody of Victoria Rose Altman to Georgia Lucas and Gene S. Lucas is marked hereto Exhibit "G" attached hereto and made a part her. eof. 7. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. The children are currently enrolled at the Milton Hershey School and reside on the school campus during the school year. They are in the 7~' grade and doing extremely well at the ~} Milton Hershey School. A copy of their report cazds as of January 19, 2007 are attached- hereto and mazked Exhibits "H" and "I" respectively and made a part hereof. B. In order to maintain and continue their enrollment at the Milton Hershey School, they must have a guardian or custodian authorized and empowered to enroll said children in the Milton Hershey School and do all other acts necessary or desirable for maintaining the health, education and welfare of said children. C. Veleria D. Snyder, the Defendant and maternal grandmother of the children, is getting older and not in excellent health. D. While the Powers of Attorney previously executed by Veleria D. Snyder. give the Plaintiff, Jeff E. Lambert, the right to act as the guardian and custodian of the minor children and enroll them in The Milton Hershey School, if something were to happen to Veleria D. Snyder the Powers of Attorney previously executed by her would no longer be in full force and effect and of no legal significance. If that should Happen, the children would no longer be entitled to be enrolled at the Milton Hershey School. E. Veleria D. Snyder does not oppose the Plaintiffls petition granting custody ofthe children to the Plaintiff and in fact consents thereto as more particularly set forth in the Stipulation and Agreement filed herewith. 10. Each parent whose pazental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. .~ WHEREFORE, Plaintiff requests the Court to enter an Order granting custody legal custody of Tyler Lee Cornett and Taylor Renee Cornett to the Plaintiff. Respectfully submitted, ANDREWS & JOHNSON a,~f (Ronald E. Jo ;Esq. Attorney for P ntiffs 78 West Pom et Street Carlisle, PA 17013 Telephone: (717) 243-0123 ~. COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ~ I verify that the statements made in the foregoing 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. DATE: ~ - ~'~ - ~~f7p `7 Jeff E. e ,Plaintiff IN THE SUPERIOR COURT OF WARE COUNTY SPATE OF GEORGIA VELERIA SNYDER Plaintiff' Vs. DARKEN CORNETT, Defendant Civil Action No. 03V-0831 CONSENT ORDER This matter having been transferred to Ware County, and having been scheduled for final hearing on November 14+h, 2003, on the issue of custody of the minor children, Tyler Lee Cornett and Taylor Renee Cornett, by agreement of the parties, who each appeared and was represented by counsel, and Defendant having announced he did not seek custody of the children or oppose the custody petition of the Plaintiff, it is hereby the Order of this Court that: The maternal grandmother, VELERIA SNYDER, has sole legal and physical custody of the children, being Tyler Lee Cornett and Taylor Renee Cornett, born September 23, 1993. So Ordered, this November 14, 2003, by: FILED !N d~RlCE fiNlS.3C> BAY F r~ , Z0~ LERK ARE COUNT day of ~~lP.C,P~srf ~ , nunc pro tunc Dwayne H. illis Judge Ware Judicial Circuit EXHIBIT Consent: _~ De s J. Strickland, r. Attorney for Darren Cornett Georgia State Bar No. 687275 Ellen M, Mayoue Attorney for Veteria Snyder Georgia State Bar No. 479742 STATE OF GEORGIA OFFICE OF WARE SUPERIOR COURT COUNTY OF WARE THIS IS TO CERTIFY THAT the attached page(s) contain a true and correct copy of the CONSENT ORDER in the case of VELERIA SNYDER vs DARKEN CORNETT, Civil Action Number 03V-0831. The original(s) is of file in the Office of the Clerk of Ware Superior Court. WITNESS MY HAND AND OFFICIAL SEAL this 27TH day of FEBRUARY,2007. DEPUTY CLERK SUPERIOR COURT WARE COUNTY, GEORGIA POWER OF ATTORNEY FOR THE CARE OF CHILDREN NOTICE TO PRINCIPAL/GRANTOR: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE THE EDUCATION, HEALTH, CARE, AND WELFARE OF YOUR CHILD/CHILDREN WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND THE BENEFIT OF THE CHILDREN AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR A-GENT MAY EXERCISE THE POWERS GIVEN .HERE UNTIL THE EXPIRATION DATE, UNTIL YOU REVOKE THESE POWERS, OR A COURT ACTING ON YOUR BEHALF TERMIl~IATES YOUR AGENT'S AUTHORITY. A COURT CAN TAKE AWAY THE POWER YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF THERE IS ANYTHING BOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND IT CONTENTS ` Date: U (~ Veleria D. Snyder EXH{I~BIT l_~ POWER OF ATTORNEY KNOW ALL MEN BY .THESE PRESENTS, that I, VELERIA D. SNYDER (legal custodian/guardian) of 609 Bosler Avenue, Apartment 2, Lemoyne, Cumberland County, Pennsylvania, having sole legal custody of TYLER CORNETT, born September 27, 1993 do by these presents hereby make, constitute and appoint JEFF E. LAMBERT of 609 Bosler Avenue, Apartment 1, Lemoyne, Cumberland County, Pennsylvania, as my true and lawful Agent for me and in my name, and in my behalf to act as the guardian of the above named minor child. The above named Agent shall have the power and authority to act entirely in Ioco parentis and to do all acts necessary or desirable for maintaining the health, education, and welfare of my above named child, including, but not limited to, the following powers: 1. To take and maintain custody of my child, TYLER CORNETT, to do all acts necessary or desirable for maintaining the health, education, and welfare of my child including the registration and enrollment of my child in educational programs in schools; and to maintain the customary living standard of my child, including, but not limited to, provisions of living quarters, food, clothing, medical, surgical and dental care, entertainment and other custody matters; and specifically to approve and authorize any and all medical treatment deemed necessary by a duly licensed physician andlor hospital and to execute any consent, release or waiver of liability required by medical or dental authorities incident to the provision of medical, surgical or dental care for my child by qualified medical personnel, including the administration of drugs. 2. To arrange for a suitable education for my child including the power to sign consents for school activities and the right to receive school reports. 3. To arrange for all other programs and supervision designed for the helpful benefit of my child. 4. To exercise parental power and discipline and supervision of my child. Giving and granting individually onto said attorney full power and authority to do and perform all and any act, deed, matter, and thing whatsoever in and about any of the aforementioned specified particulars as fully and effectually to all intensive purposes as I might and could do in my own person if personally present; and in addition thereto, I do hereby ratify and confirm each of the acts of my aforesaid attorney lawfully done pursuant to the authority hereinabove conferred. I intend for this to be a Durable Power of Attorney. This Power of Attorney will continue to be effective if I become disabled, incapacitated, or incompetent. All acts done by my attorney hereunder shall have the same effect and inure to the benefit of and bind myself and my heirs as if I were competent, and not disabled, incapacitated or competent. All actions of my attorney/agent shall bind me and my heirs, distributees, legal representatives, successors and assigns, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant, and agree that if this Power of Attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered or liability incurred by such parry or parties while acting in accordance with this power prior to that parties receipt of written notice of any such termination or amendment. IN WITNESS WHEREOF, intending to be legally bound hereby I have executed ~ z v.~ this Power of Attorney this ~ day of r.,~ ~ ~!~ , (SEAL) Veleria D. Snyder COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS s~,. _ ~~ On this, the // day of~,~~l ~~~' l ,2994, before me, a Notary Public, personally appeazed Veleria D. Snyder known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that it was executed by she for the purposes therein contained. IN WITNESS WHEREOF I have hereunto set my hand and officio s~ COMMONVyEAL~i OF PENNSYLVANIA NOTARIAL SEAL RONALD E. JOHNSON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CO., PA ;A1`f COMMISSION EXPIRES MARCH 11, 2008 ACKNOWLEDGMENT I, JEFF E. LAMBERT, have read the attached Power of Attorney and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as agent: I shall exercise the powers for the benefit of the principal and the child. I shall keep the assets of the principal and the child separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal and child. Jeff E. am a ,Agent COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Date On this, the ~y of ~t~'~ , 2004, before me, a Notary Public, personally appeared Jeff E. Lambert known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that it was executed by he for the purposes therein contained. IN WITNESS WHEREOF I have hereunto s~mv hand and officia~s al. otary Public COMMONWEAtLTH OF PENNSYLVANIA NOTARIAL SEAL RONALD E. JOHNSON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CO., PA MY COMMISSION EXPIRES MARCH ii, 2008 POWER OF ATTORNEY FOR THE CARE OF CHILDREN NOTICE TO PRINCIPAL/GRANTOR: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE ~E EDUCATION, HEALTH, CARE, AND WELFARE OF YOUR CHILD/CHILDREN WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWER, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND THE BENEFIT OF THE CHILDREN AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE UNTIL THE EXPIRATION DATE, UNTIL YOU REVOKE THESE POWERS, OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. A COURT CAN TAKE AWAY THE POWER YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF THERE IS ANYTHING BOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND I S ONTENTS ~ Date: I Veleria D. Snyder EXHIBIT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, VELERIA D. SNYDER (legal custodian/guazdian) of 609 Bosler Avenue, Apartment 2, Lemoyne, Cumberland County, Pennsylvania, having sole legal custody of TAYLOR CORNETT, born September 27, 1993 do by these presents hereby make, constitute and appoint JEFF E. LAMBERT of 609 Bosler Avenue, Apartment 1, Lemoyne, Cumberland County, Pennsylvania, as my true and lawful Agent for me and in my name, and in my behalf to act as the guardian of the above named minor child. The above named Agent shall have the power and authority to act entirely in loco parentis and to do all acts necessary or desirable for maintaining the health, education, and welfaze of my above named child, including, but not limited to, the following powers: 1. To take and maintain custody of my child, TAYLOR CORNETT, to do all. acts necessary or desirable for maintaining the health, education, and welfaze of my child including the registration and enrollment of my child in educational programs in schools; and to maintain the customary living standard of my child, including, but not limited to, provisions of living quarters, food, clothing, medical, surgical and dental care, entertainment and other custody matters; and specifically to approve and authorize any and all medical treatment deemed necessary by a duly licensed physician and/or hospital and to execute any consent, release or waiver of liability required by medical or dental authorities incident to the provision of medical, surgical or dental care for my .child by qualified medical personnel, including the administration of drugs. 2. To arrange for a suitable education for my child including the power to sign consents for school activities and the right to receive school reports. 3. To arrange for all other programs and supervision designed for the helpful benefit of my child. 4. To exercise parental power and discipline and supervision of my child. Giving and granting individually onto said attorney full power and authority to do and perform all and any act, deed, matter, and thing whatsoever in and about any of the aforementioned specified particulars as fiilly and effectually to all intensive purposes as I might and could do in my own person if personally present; and in addition thereto, I do hereby ratify and confirm each of the acts of my aforesaid attorney lawfully done pursuant to the authority hereinabove conferred. I intend for this to be a Durable Power of Attorney. This Power of Attorney will continue to be effective if I become disabled, incapacitated, or incompetent. ~ All acts done by my attorney hereunder shall have the same effect and inure to the benefit of and bind myself and my heirs as if I were competent, and not disabled, incapacitated or competent. All actions of my attorney/agent shall bind me and my heirs, distributees, legal representatives, successors and assigns, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant, and agree that if this Power of Attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such parry or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that parties receipt of written notice of any such termination or amendment. IN WITNESS WHEREOF, intending to be legally bound hereby I have executed this Power of Attorney this ~~ y of ~ ~~` (SEAL) Veleria D. Snyder COMMONWEALTH OF PENNSYLVANIA _ SS COUNTY OF CUMBERLAND 2~~ . On this, the ~ day of ~t~f/7<~ , 299, before me, a Notary Public, personally appeared Veleria D. Snyder known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that it was executed by she for the purposes therein contained. IN WITNESS WHEREOF I have hereunto seamy hand and official sue. OF PENNSYLVANIA NOTARIAL SEAL RONALD E. JOHNSON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CO., PA MY COMMISSION EXPIRES MARCH 1t, 2008 ACKNOWLEDGMENT I, JEFF E. LAMBERT, have read the attached Power of Attorney and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as agent: I shall exercise the powers for the benefit of the principal and the child. I shall keep the assets of the principal and the child separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal and child. Jeff E. ert, Agent ~`-~ ~~-off Date COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ' /4'r1 .Zlx`~ V On this, the ~ day of~,~, 2A9~, before me, a Notary Public, personally appeared Jeff E. Lambert known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that it was executed by he for the purposes therein contained. IN WITNESS WHEREOF I have hereunto set}~y hand and of~~al. Public OF PENNSYLVANIA N(~FARiAL SEAL RONALD E. JOHNSON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CO., PA MY COMMISSION EXPIRES MARCH 11, 2008 aq ~ IN THE SUPERIOR COURT OF WARE COUNTY STATE OF GEORGIA [n Re: TYLER LEE CORNETT Civil Action No. 03V-0754 TAYLOR RENEE CORNETT DARKEN CORNETT, Petitioner ORDER This matter came before the Court for. hearing on November 14, 2003 on the Petition of Darren Cornett to legitimate Tyler Lee Cornett and Taylor Renee Cornett. Following a hearing, at which evidence was presented by Petitioner in support of his petition, and by the maternal grandmother and Petitioner's former spouse in opposition to the petition, the Court ordered that Petitioner provide to the Court a complete and current psychological evaluation, documentation of his current medications and medical providers, his mental health records end history, and also provide.documentation concerning his participation in awitness protection program, urithin 60 days of the hearing date. Due to the testimony and evidence presented at the hearing, and further due to Petitioner's failure to comply with the order of the Court, it is the Court's determination that legitimation would not be in the best interests of the children. Petitioner's petition to legitimate is denied. ~ EXHIBIT GY"1~ So ordered, this ~ ~ day of ~-~-b ~`^ ~ r7 , 2004, nunc pro tunc November 14, 2003. Dwayne H Gillis, Judge Superior ourt of Ware County Ware Judicial Circuit Order prepared by: ~~~ a~ Ellen M. Mayoue Georgia State Bar N 9742 Attorney for Veleria Snyder FILEO IN OFFICE TN3S ~ DAY F _.~?.___--, 20~ LERK ARE COON STATE OF GEORGIA OFFICE OF WARE SUPERIOR COURT COUNTY OF WARE THIS IS TO CERTIFY THAT the attached page(s) contain a true and correct copy of the ORDER in the case of IN RE: TYLER LEE CORNETT,TAYLOR RENNE CORNETT, DARKEN CORNETT, Civil Action Number 03V-0754. The original(s) is of file in the Office of the Clerk of Ware Superior Court. WITNESS MY HAND AND OFFICIAL SEAL this 27TH day of FEBRUARY, 2007. PUTY CLERK SUPERIOR COURT WARE COUNTY, GEORGIA ~ i. . ~ ~' } ~ ,,,.._{~ .M. ,.I .~- i. , ~~ i ~~; § 11:64 MCCONAUGHEY'S GEORGIA DIVORCE, ALIMONY & CHILD CUSTODY been transferred to or filed in and granted by the juvenile court,6 a demand for jury trial by either parent as to support will require the case to be transferred to superior court for tr7a1.' Either parent is entitled to custody of the childe or to have visitation rights.9 Upon legitimation the father stands in the same position as any other parent as to the custody of the child and has a claim to parental and custodial rights; but legitimation does not, ipso facto, effect a change of custody.70 Unless the par- ties consent to consideration of the issue of custody in a legitima- tion proceeding, the custody of the child living with the mother is not changed upon legitimation and the father, in order to obtain custody, must file a subsequent custody action," and the best interest of the child standard would apply.12 The child may inherit from the father as if born in lawful wedlock13 and may take the father's name." A trial court has broad discretion in deciding whether to grant a request to change the name of a child,15 and the court's decision will not be reversed unless it clearly abuses its discretion by ignoring the best interest of the child.'s When a petition to legitimate is denied or not consummated in the father's favor, (1) he loses all rights to the child, (2) his rights 6See § 11:22 et al, supra. °See O.C.G.A. §§ 19-7-22(d), 15-11-28(e)(1), (2). 'O.C.G.A. § 19-7-22(f). eO.C.G.A. § 19-7-25. See Hall v. Cawvey, 204 Ga.App. 8, 418 S.E.2d 77 (1992); Mezquita v. Campbell, 238 Ga.App. 396, 398, 519 S.E.2d 27 (1999). Also see § 24:6, infra. See Jones v. Burks, 267 Ga.App. 390, 599 S.E.2d 322 (2004), where (1) the mother dies, (2) the biological father legitimates the child, and (3) the award of custody to the maternal grandmother is reversed because of a failure to meet the requirements of O.C.G.A. § 19-7-1(b.l) (See § 24-7.1, infra. ) °Mabry v. Tadlock, 157 Ga.App. 257, 277 S.E.2d 688 (1981). 10Gregg v. Barnes, 203 Ga.App. 549(1), 417 S.E.2d 206 (1992); Ganny v. Ganny, 238 Ga.App. 123(1), 518 S.E.2d 148 (1999); also see LaBrec v. Davis, 243 Ga.App. 307, 534 S.E.2d 84 (2000). "Braynon v. Hilbert, 275 Ga. App. 511, 512, 621 S.E.2d 529 (2005). 12Braynon v. Hilbert, 275 Ga. App. 511, 512, 621 S.E.2d 529 (2005)(the trial court was reversed for applying the standard that proof of change of circumstances was required). 130.C.G.A. § 19-7-22(c). 740.C.G.A. § 19-7-22. 15Johnson v. Goggins, 124 Ga.App. 603, 604, 184 S.E.2d 696 (1971); Carden v. Warren, 269 Ga.App. 275(2)(a), 603 S.E.2d 769 (2004). 16Palmer v. Pinkston; 228 Ga.App. 514(3), 492 S.E.2d 285 (1997) (the child had lived with the mother and used her. last name for two years prior to the legitimation, and the rec- ord reveals no reason why a name change would be in the child's best interest). Also see Carden v. Warren, 269 Ga.App. 275(2)(a), 603 S.E.2d 769 (2004). 446 EXHIBIT ;': ~~r. ;a', u,~s. i • ',. ~w'w :n.•' ,t. . ~` ~~' _~ '-` t' ~'' r: .~ i, "O.C.G.A. § 19-8-12(f); see Smith v. Soligon, 254 Ga.App. 172, 561 S.E.2d 850 (2002). [Section 11:65] 'O.C.G.A. § 19-7-54(a). See Cohen v. Nudelman, 269 Ga.App. 517(2), 604 S.E.2d 580, hold- re~ oactiveapplicationenortiseit an exclusive remedy. Also see Footnote 10, and O.C.G.A. § 19-7-54(c). 20.C.G.A. § 19-7-54(a)(1). 30. C.G.A. § 19-7-54(a)(2); see O.C.G.A. § 19-7-46 for the required testing. PERMANENT ALIMONY AND CHII,D SUPPORT § li:s5 to the child shall be terminated by the court and (3) he ma not object thereafter to the child's adoption." y § 11:65 Motion to set aside determination of paternity A motion to set aside a determination of paternity may be brought at any time by a man paying child support as the father of a child in the superior court based on newly discovered evidence.' The movant must allege by affidavit that (1) the movant learned of the newly discovered evidence since the entry of the judgment,2 and (2) there is a zero percent probability that he is the father of the child based on genetic testing administered within 90 days prior to the filing of the motion.3 In addition to the foregoing requirements by affidavit, if the court the following factors, it will be mandato finds all of granted,` limited to the issues of prospecti a child ~e relief be ts~nts, past d~e child support payments, termination f arental ri hts, custod and visitation rights; but in the event the mov- ant fails to prove all of the following factors, the court may or may not grant the motion or enter an order as to paternity, duty to support, custody, and visitation privileges (but this does not include terrain®tion of parental rights or relief from past due child support). The factors are (1) the genetic testing was properly conducted;' (2) the movant has not adopted the child,e (3) conception of the child was not by artificial insemination while the movant and the mother were in wedlock;° (4) the movant did not acto o prevent the biological father from asserting his paternal rights. Also, it is required that (5) while knowing he is not the biological father he has not married the mother and paid child support;" acknowledged by sworn statement his paternity;' been named the child's biological father on the birth certificate with 'O.C.G.A. § 19-7-54(b)(1). eO.C.G.A. § 19-7-54(b)(2). See Grand v. Hope, 274 Ga. APP• 626, 630(1), 617 S.E.2d 593 (2005), cert. denied, (Dec. 1, 2005), where the adoptive father is not en- titled to recoup past child support pay- ments by an action for fraud. sO.C.G.A. § 19-7-54(b)(3). 10O.C.G.A. § 19-7-54(b)(4), "O.C.G.A. § 19-7-54(b)(5)(A). '> F, t^ `'} ;~: ' ' `k '~. `: a 447 z' Ga. Code Ann., § 19-7-22 Page 11 of 14~ Page IO 11. custody * Once a child is legitimated, the father stands in the same position as any other parent and has a claim to parental and custodial rights with respect to his child Bnrynon v. Hilbert, 2005, 275 Ga.App. Sll, 621 S.E.2d 529. Children Out-of-wedlock 4~ 9; Children Out-of-wedlock E~ 20.2 Custody of a child living with the mother is not changed upop legitimation, and any change of custody can come about only if a subsequent custody action is filed. 13r'aynon v. Hilbert, 2005, 275 Ga.App. 511, 621 S.E.2d 529. Children Out-of-wedlock E~ 9; Children Out-of-wedI~ock E~ 20 Trial court lacks authority to consider any issues related to child custody, including visitation, prior .to final determination of legitimation of relationship between putative father and child. O.C.G.A. § 19-7-22. Petersen v. Tyson, 2002, 253 Ga.App. 431, 559 S.E.2d 164. Children Out-of-wedlock E~ 20.4 Upon legitimation, father stands in same position as any other. parent as to custody of his child. O.C.G.A. §§ 19-7-22, 19-7-43, 19-8-1(6xE). I.aBrec v. Davis, 2000, 243 Ga.App. 307, 534 S.E2d 84, certiorari granted, affirmed 274 Ga. 5, 549 S.E2d 76. Children Out-of-wedlock E~ 20.2 Father of child rendered legitimate by court .order has a claim to parental and custodial rights with respect to his child. O.C.G.A: §§ 19-7-22, 19-7- 43, 19-8-1(6xE). LaErec v. Davis, 2000, 243 Ga.App. 307, 534 S.E.2d 84, certiorari granted, affirmed 274 Ga. 5, 549 S.E2d 76. Children Out-of-wedlock E~ 202 Assuming that prior order legitimizing child as son of father named on birth certificate could bq set aside, the best interests of the child standard applied, in determining paternity and Gusto father and legal father, where legal father raised child since b' l ~ ~~ ~ ~ apparent biological utli, egal'father obtained sole permanent legal and physical custody of child, apparent biological father did not contact court or otherwise take appropriate legal action until eight months after being informed of his paternity by mother, child was more than two years old at time that apparent biological father filed suit, child was almost five years old at time of Court of Appeals' decision vacating order granting apparent biological father's petition to legitimate ehiId, and there was no evidence that legal father engaged in fraudulent conduct in legitimizing child. O.C.GA. §§ 19-7-22, 19-7-43, 19-7-46.1(a), ]9-8-I(6xE). 1.aBrec v. Davis, 2000, 243 GaApp. 307, 534 S.E2d 84, certiorari granted, affirmed 274 Ga. 5, 549 S.E.2d 76. Children Out-of-wedlock E~ 203; Children Out-of-wedlock d 30 Custody issues may be adjudicated in a legitimation proceeding; but only with the consent ,,. the parties; in the absence of the mother's consent, if the father wishes to petition for a change in physical custody, he must do so in a separate proceeding after the judgment of legitimation is entered. O.C.G.A. §§ 19-7-22, 19-7-43. Flannagari v. Cantrell, 1998, 233 Ga.App. 547, 505 S.E.2d 53. Children Out-of-wedlock E~ 20.4 While father had no standing to raise any issue as to custody of clu'Id born out-of-wedlock ~~ legitimation, upon legitimation he stood in same prior to judgment of position as any other parent as to custody of legithnated child and had claim to parental and custodial rights. O.C.GA. §§ I9-7-22, 19-7-25. Gregg v. Barnes, 1992, 203 Ga.App. 549, 417 S.E2d 206, certiorari denied. Children Out-of-wedlock E~ 20.2 By analogy, upon a petition for legitimation being denied, as in this case, the father has no claim to parental or custodial rights. EXHIBIT GEORGIA, WAYNE COUNTY I , FAYE B . GRAHAM, ~:" DEP.ITTY' CLERK SUPERIOR COURT, IN AND"^FOR SAID COUNTY DO CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE FINAL ORDER OF CUSTODY IN THE CASE OF GEORGIA AND GENE LUCAS VS RUSSELL KING AND VELERIA SNYDER, CASE N0. 151-03-CV-0554, AS THE SAME APPEARS OF RECORD IN THE GENERAL RECORDS OF SAID COUNTY. WITNESS MY OFFICIAL SIGNATURE AND THE SEAL OF THE COURT, THIS 27TH DAY OF FEBRUARY, 2007. /:J . DEPU CLERK UPERIOR COURT EXHIBIT C- ~. IN THE SUPERIOR COURT OF WAYNE COUNTY STATE OF GEORGIA GEORGIA AND GENE LUCAS Plaintiffs Vs. Civil Action No. 151 03 CV 0554 RUSSELL KING VELERIA SNYDER Defendants ORDER w 0 n cn z~ i .~ ~, x ``~s '~ ~ ~s ~~ h~ The parties having come before the Court concerning the Plaintiffs' Petition for Custody of Victoria Rose Altman, a minor, and having consented to such change, and having had opportunity to testify and present evidence, it is hereby the findings and order of this Court that: 1. Rhonda Altman, the mother of Victoria Rose Altman is recently deceased. 2. Victoria Rose Altman has lived with Georgia Lucas and Gene Lucas, her maternal aunt and uncle, since August of 2002, by consent of her mother, Rhonda Altman. 3. Georgia Lucas and Gene Lucas are fit and proper persons for custody of their mce. 4 Defendant Russell King is the natural father of Victoria Rose Altman. He has seven other children and is not capable of taking care of his daughter. 't ~h~~ a~~ A_~ E, .~.:~ M....~. _, ~ i =~ , , s /j f;,l T^ .~ 5. Veleria Snyder is the maternal grandmother of Victoria Rose Altman and consents to Plaintiffs' Petition for Custody. 6. It is in the best interests of Victoria Rose Altman that custody is granted to Georgia Lucas and Gene Lucas. Therefore, it is Ordered, Adjudged and Decreed that Georgia Lucas and Gene Lucas are granted full custody of their niece, Victoria Rose Altman. ~1~ Ellen M. Mayoue ~`"' Georgia State Bar No. 4 42 Attorney for Georgia Lucas and Gene Lucas 1515 Newcastle St. Brunswick, GA 31520 Tel: 912/261-2241 Fax: 912/264-6880 Russell King Veleria Snyder l~- So ordered, this ~S day of Octo er, 0 3, by Judge, Brunswick Judicial Circuit Wayne County State of Georgia Consent: ~: w ro ., E' r x x d~ t7 .o a m m a m ct r~ r ry ~ '; t-' fD K' ; , R~ ! ~' r~n ~ i ' ' Oct a r- n ; ~ ~'' Oct J N Urti , ~j ,~ i . ,~ O J J ct . ~;~~' N ~ ~ ~~ `; `s] ~ iP I-' ~ ~ ~ a 0 ~'N• '}r~r in N ~ to E n r• ~ ; ' ~ ~ G~ ~ ~ y ~~ ~ iy r m ~ ~~ .. ~ ~ q;~ ~~ ~° ~ d l ~~ ~ ~ x i ~ ~~ m e ~ ~,~ ~ ~, ~~ On ~ ~ ..~ ~~ w ~ m m~ ~~'~~ DQ N i ~'~'~ ~ ~i ~~ ti~ ~ \ ~' _,~~'~ ,~, b0~ ~'~' ~ m ~ w i ~ .i~ ~ N ~ ,d " ~ m k~ ~ ~N~O 9 I ' ~~ '' ~~ o ~ ~ ~_ ~~~ ~W~ ~ ,~ ~ •'', ~, ~ a. S' ~ ~ ~ ~~ r ~ W ~ ~ ~,' ~ O ', ~ J ~~a ~ ~ ~ ~~ r a+r i .~ Q. 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D ; N N 1 - l0 q ,; U7 ~ W ~, ~ m 0~= ~ O N fit`,- ~~ F" ~. ~ '""' w ro~ a n~ ~• v~ o ~„ ~Oo i--~ 01 01 f.31 W N N f-i F-~ I--+ f-'0010N I~lDap J zdd~~roErocn moo~'~ooaft m m m~o rrm n n.~, ~ ~ ~ ~ G r~r to N m rn '~ '~ U2 F'• (~ X'0 tr'oofnw~gN.O mftctmacum~t~ ~ mooi''~~•N~f-r~ n ~s ~~ ~•~,N•r~Dn ~ o ~ ~ O ~ ~ G ~ N. ~ Z ~ O £ ~ O ~ N ~ O Kb ~o K n sv ~ D on xm~a ~ x x' m n ~ ~ "' ~• ~ rt ~ ~ ft ~- ~ fn ~. ~ o O F-' fR (p ~ ~ m to ~ t" rn x1 ~ ~ ~ K bDn~ P N !!t f'S I-h ~ ~ ~n ~ K ~ r N /m~~ O \V W • ) W f'-~ It O fi id I--' 0 O O O O N ~P ~ O -~ O p O y o _ ~i C~ ' . c~ m ~ ~ ~ Q. ~ V / ~ O y O ~ O ~ o n x 0 r. JEFF E. LAMBERT, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VELERIA D. SNYDER, Defendant CNIL ACTION -LAW NO. ~7 "6 ~~ CNIL TERM IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, ~~ /G 2007, I mailed a copy of Complaint for Custody to the following person at the following address by U.S. Mail, first class, postage prepaid, to: Veleria D. Snyder 609 Bosler Avenue Apartment 2 Lemoyne, PA 17043 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: [ r ona d E. Johnso 78 W. Pomfret St~ Carlisle, PA 17013 (717)243-0123 uire ~~`q 0Q1 W U. p~ 1~. r~ a n - -;r _'~~ --.o ~ 't. ~ _ ~ ~-~ ---t ~~ C.'" -- °i.. i'7ti i ~ - ~ , ;,. ~~ 9 _, _f .. ;~ .,.. -~G: ~~ OCr l B 2007 JEFF E. LAMBERT, v. Plaintiff VELERIA D. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Q'7- (00~ CIVIL TERM IN CUSTODY ORDER OF COURT .•--- AND NOW, this ~~day of SCI `'o ~ , 2007in consideration of the attached Stipulation regarding custody it is hereby ORDERED AND DECREED that: 1. Jeff E. Lambert shall have full legal and physical custody, care and charge of the children, Taylor Renee Cornett, born September 27,1993 and Tyler Lee Cornett, born September 27,1993 as provided for by the Act of November 30, 1985, P.L. 264, 23 Pa. CSA Section 5301, et seq. 2. Veleria D. Snyder shall have liberal and reasonable partial custody and visitation with said children as the parties may mutually agree. 3. Both parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania T, ~3 shall continue to have jurisdiction over the children who aze the subject of this Agreement and Court Order until further Order of said Court. J. ~, ,,, n. . ate, ~Q ht~~-~~~ti~a~~,~~~~ ~. ~1$~ No~P~` L~ ~pfz~loi