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HomeMy WebLinkAbout08-0936ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. AMBER MILLER, Plaintiff V. TRAVIS GARNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 08- 9 RG CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Amber miller, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Amber Miller, residing at 815 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Travis Garner, residing at 217 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody o£ Name Present Residence Age Travis Garner II 217 North West Street 9 Months Carlisle, Pa 17013 The child was born out of wedlock. The child is presently in the custody of Travis Garner, who resides at 217 North West Street, Carlisle, PA 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Travis Garner 217 North West Street 2/03/08 - Present Carlisle, PA 17013 Amber Miller 815 Sandbank Road 1/29/08 - 2/03/08 Christine Lucas Mount Holly Springs, PA 17065 Amber Miller 217 North West Street 5/11/07 -1/29/08 Travis Garner Carlisle, PA 17013 The mother of the. child is Amber Miller. She is single. The father of the child is Travis Garner. He is single. 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Relationship Christine Lucas Mother Randall Lucas Stepfather Paul Kiner Grandfather Caleb Miller Son 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Unknown Relationship 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation 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, or any other state. 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 rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with Defendant having periods of partial physical custody. Respectfully submitted, Date: Nicole Berman Certified Legal Intern ?"A THO M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION 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. Date Amber Miller V A 11111) -}- Amber Miller, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Travis Garner, Defendant NO. 08- gat CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Amber Miller, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 4_1?zo $ Respectfully submitted, Nicole Berman Certified Legal Intern ROBERTIE. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Jg AMBER MILLER, Plaintiff/ Petitioner V. TRAVIS GARNER, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY : No. 08- CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 8th day of February, 2008, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Amber Miller, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Travis Garner II, born May 11, 2007. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Amber Miller, an adult individual who resides at 815 Sandbank Road, Mount Holly Springs, PA 17065. 2. The respondent is Travis Garner, an adult individual who resides at 217 North West Street, Carlisle, PA 17013. 3. The petitioner is the biological mother (hereinafter "Mother") of the nine-month- old minor child, Travis Garner II, born May 11, 2007 (hereinafter "Child"). 4. The respondent is the biological father (hereinafter "Father") of Child. 5. Child was born out of wedlock. 6. Mother has been the primary caretaker of Child since his birth despite the fact that the parties resided together. Father had very little part in Child's day to day care. 7. The parties resided together until January 29, 2008. 8. During the period the parties resided together the police were called to the residence numerous times for domestic violence by Father against Mother. 9. Father threw Mother and Child out of the residence on January 29, 2008. 10. Mother allowed Father to visit Child twice in the week after the separation. 11. On the third visit, Sunday February 3, 2008, Mother allowed Father to take Child to a Super Bowl party at a family member's home. 12. On February 3, 2008, when Father took Child out of Mother's arms Father stated "you're done bitch ...you're never seeing him again." 13. Immediately after Father left, Mother called 911 and police were sent to Father's home but relatives said Father was not there. 14. After the police left, Father called Mother indicating he knew the police had been there and joked about her calling the police. 15. The first contact Mother and Father had since Father took Child was Wednesday February 6, 2008. Mother asked about Child's welfare and Father replied "that's none of your fucking business." 16. Mother is concerned for Child's safety because Father is only 19, lives alone, and has no experience raising an infant. Child has medical problems with his legs and the Early Intervention Center calls periodically for on-demand appointments. 17. Father failed to take Child for scheduled medical tests on February 4, 2008. 18. Mother believes and therefore avers that Father works 11-12 hours per day, that paternal grandfather watches Child while Father is at work and that Child's grandfather abuses alcohol. 19. Prior to learning that Father was represented by counsel, Mother's attorney contacted Father in an attempt to resolve the matter. Father refused to work out an amicable compromise telling Mother's attorney that Mother "doesn't have nothin'." 20. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 21. Mother believes and therefore avers that it is in the best interests of minor Child that Mother be granted shared legal and temporary primary physical custody of Child, pending further Order of Court. 22. Pursuant to C.C.R.P. 208.2(d) concurrence of counsel has not been obtained. Mother believes that Father is represented by Attorney Michael Palermo. Mother's attorney has left several messages for Attorney Palermo but as of the time of filing has not been able to contact him on this matter. WHEREFORE, the petitioner, Amber Miller, respectfully requests that this Honorable Court restore the status quo by entering an Order granting Petitioner shared legal and temporary primary physical custody of Child, Travis Garner II, by ordering Respondent to return Child immediately to Petitioner and by scheduling this matter for hearing or conciliation. Respectfully submitted, 97 0 at i ole Berman Certified Legal Intern LUCY/JOHNSTON-WALSA ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: / G Amber Miller, Petitioner c? ? ca ?, ,; ; ; c? i?, ?? -?, rr-; R -?, ?? r? , t^7 -? --_, -' : - ??. , , +=t T`J .;S' ?- -a r..T"'k . ?-''J ? •- Amber Miller, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Travis Garner, Defendant :NO. 08- q3& CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Amber Miller, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respe fully submitted, Date ? Nico a Berman Certified Legal Intern All- / v ROBERVE. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C) ?v Fri C t ? '-C r AMBER MILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS GARNER, DEFENDANT 08-936 CIVIL TERM -?yORDER OF COURT AND NOW, this *= day of February, 2008, a hearing on the within petition for special relief shall commence at 11:00 a.m., Tuesday, February 12, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The father is directed to bring Travis Garner, II, born May 11, 2007, to the hearing. By the Co Edgar Nicole Berman, Certified Legal Intern -alb/off t_L? Family Law Clinic For Plaintiff Michael Palermo, Esquire - For Defendant :sal 1}P'" PP, ??? i(? \1 ?.??i i t1?'?? y???rr?'ttA?$i ?? ??? riir ,? _. ? k £? ;? ?1d ?_ fl33 Ba?Z ,.; ?? ?;-?.i. ?Q },?1??.????? ?-?Cl?l1? AMBER MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS GARNER DEFENDANT 2008-936 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 11, 2008 , 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 County Courthouse, Carlisle on Wednesday, February 27, 2008 at 9:30 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n iklN •Z1 V18 Z 1 233 91OZ AMBER MILLER, Plaintiff V. TRAVIS GARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-0936 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of February, 2008, this matter having come before the Court on a petition for special relief pending a conciliation conference now set for February 27, 2008, it is ordered that pending further order of court entered following a conciliation conference: 1. The mother, Amber Miller, and the father, Travis Garner, shall have joint legal custody of Travis Garner, II, born May 11, 2007. 2. Travis shall be with the mother from each Sunday at 6:00 p.m. to each Saturday at 10:00 a.m. and with the father from each Saturday at 10:00 a.m. to each Sunday at 6:00 p.m. 3. The father shall pick up and deliver Travis for these periods of time that the child sba-!t me with him. By,;the Co Edges 'B . Bayley, J. Nicole Berman, Certified Legal Intern Family Law Clinic For Plaintiff ? Michael Palermo, Esquire For Defendant 07/! 4/08 ?Sheriff prs LL) rl_ - +L u LJ - L Y e a LL L- CX2 Y _ _ N C) i MAR a 5 zooY ? ? AMBER MILLER, Plaintiff V. TRAVIS GARNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0936 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 12, 2008 is hereby vacated. 2. The Mother, Amber Miller and the Father, Travis Garner, shall have shared legal custody of Travis Garner, II, born May 11, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Beginning March 4, 2008 alternating Tuesdays overnight from 5:00 p.m. to Wednesdays at 8:00 a.m. B. During the same week as his Tuesday overnight, Thursdays from 5:00 p.m. to 9:00 p.m. These shall alternate weeks. C. Beginning March 14, 2008, alternating weekends from Friday at 5:00 p.m. to Sunday at 9:00 p.m. D. On the Tuesday before Father's alternating weekend, from 5:00 p.m. to 9:00 P.M. E. Such other times as agreed by the parties. 5. Easter shall be shared with Mother having physical custody of the child from 8:00 a.m. to 2:00 p.m. Father shall have physical custody of the child from 2:00 p.m. to 8:00 p.m. 6. Transportation shall be shared such that the parties or their designees shall exchange custody at the Sheetz in Mt. Holly Springs. 7. Neither party may use illegal drugs or drink alcohol to the point of intoxication immediately before or during their periods of physical custody. 8. Paternal Grandfather shall have no unsupervised contact with the child. 9. The parties shall ensure that the child is always transported in a registered vehicle driven by a licensed driver in an approved car seat. 10. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 11. Neither parent will do anything which may estrange the child from the other party, 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 respect for the other parent. 12. This Order is entered pursuant to an agreement of the parties at a Custody er by mutual Conciliation Conference. The parties may modify the provisions of this 2? consent. In the absence of mutual consent, the terms of this Orde control. Another Custody Conciliation Conference is scheduled for A_? 0 p.m. Edgar B. Bayley, P.J. cc" Nicole Berman, certified legal intern, Counsel for Mother rjnne MacDonald-Fox, Esquire, Family Law Clinic 'Michael O. Palermo, Jr., Esquire, Counsel for Father cowies rntlc r3??ol08 cv LLJ Q) LLJ N U AMBER MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0936 CIVIL ACTION - LAW TRAVIS GARNER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Travis Garner, II May 11, 2007 Mother 2. A Conciliation Conference was held in this matter on March 4, 2008, with the following in attendance: The Mother, Amber Miller, with her counsel, Nicole Berman, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Travis Garner, with his counsel, Michael O. Palermo, Jr., Esquire 3. A prior Order of Court was entered by the Honorable President Judge, Edgar B. Bayley dated February 12, 2008 providing for shared legal custody with Mother having primary physical custody and Father having one overnight per week. A PFA Order was also entered by President Judge Bayley dated February 28, 2008 providing for custody to be directed by the Order at this docket number. 4. The parties agreed to an Order in the form as attached. 3-L/ Date acq line M. Verney, Esquire Custody Conciliator ara oaaaoa? AMBER MILLER, Plaintiff V. TRAVIS GARNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0936 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 0 day of 4"A_, 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated March 10, 2008 shall remain in full force and effect with the following additions and modifications. 2. Paragraph 8 of the prior Order is hereby deleted. 3. Father's overnights custody during the week is suspended and shall now occur from 5:00 p.m. to 9:00 p.m. on the previously indicated evenings. 4. All visits shall occur at the home of Paul Garner, the paternal Grandfather. 5. This Order is entered pursuant to an agreement of the parties at a Custody 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. Another Custody Conciliation Conference is scheduled for July 3, 2008 at 9:30 a.m. BY THE eOURT, Edgar B. Bayley, ccrNicole Berman, certified legal intern, Counsel for M .?nne MacDonald-Fox, Esquire, Family Law Clinic ,A "Michael O. Palermo, Jr., Esquire, Counsel for Father Cap I E_C r_^? L LL y???o8 P.J. Ca? C N APR O= 20W?J AMBER MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0936 CIVIL ACTION •• LAW TRAVIS GARNER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Travis Garner, II May 11, 2007 Mother 2. A Conciliation Conference was held in this matter on April 2, 2008, with the following in attendance: The Mother, Amber Miller, with her counsel, Nicole Berman, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Travis Garner, with his counsel, Michael O. Palermo, Jr., Esquire 3. A prior Order of Court was entered by the Honorable President Judge, Edgar B. Bayley dated March 10, 2008 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends and time during the week. 4. The parties agreed to an Order in the form as attached. q_? _01/ oln:? A, Date acq ine M. Verney, Esquire Custody Conciliator JUL 0 3 2008 AMBER MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0936 CIVIL ACTION - LAW TRAVIS GARNER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3`d of July, 2008, neither party having appeared at the Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ?k Jacq line M. Verney, Esquire, Cust y Conciliator e.a ?? ? ?:'