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HomeMy WebLinkAbout08-3186NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE 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. Mallory F. Sherman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants NO. 08 - 3M6 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Mallory F. Sherman, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Mallory F. Sherman, residing at 735 27`h Street, Blairsville, PA, Indiana County, Pennsylvania 15717. 2. The defendant is Bruce Gessner, last known address, 716 Cross Road, Brockport, Pennsylvania 15823. 3. The defendant is Kingsley G. Sherman residing at 32 Central Blvd., Camp Hill, Pennsylvania 15717. 4. The defendant is Theresa L. Sherman residing at 32 Central Blvd., Camp Hill, Pennsylvania 15717. 5. Plaintiff seeks primary custody of: Name Present Residence Age Jake Nicholas Sherman 32 Central Blvd., Camp Hill, PA 17011 3 The child was born out of wedlock. The child is presently in the custody of Kingsley G. Sherman and Theresa L. Sherman, who reside at 32 Central Blvd., Camp Hill, PA 17011. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Kingsley G. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Theresa L. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Frank N. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Miles K. Sherman 32 Central Blvd. Camp Hill, PA 17011 05/10/08 - Present Mallory F. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - 05/09/2008 The mother of the child is Mallory F. Sherman. She is single. The father of the child is Bruce Gessner. He is single. 6. The relationship of Plaintiff to the child is that of mother. The plaintiff (Mother) currently resides with the following persons: Name Relationship to Mother Erik Smith Boyfriend 7. The relationship of Defendant Bruce Gessner to the child is that of father. Defendant Bruce Gessner (Father) currently resides with the following persons: Name Relationship Unknown The relationship of Defendant Kingsley F. Sherman to the child is that of maternal grandfather. Defendant Kingsley F. Sherman (Grandfather) currently resides with the following persons: Name Relationship to Grandfather Theresa L. Sherman Wife Frank N. Sherman Son Miles K. Sherman Son The relationship of Defendant Theresa L. Sherman to the child is that of maternal grandmother. Defendant Theresa L. Sherman (Grandmother) currently resides with the following persons: Name Relationship to Grandmother Kingsley F. Sherman Husband Frank N. Sherman Son Miles K. Sherman Son 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has been the child's primary caretaker for all of the child's life; b. The child has medical needs that require Mother's assistance. c. Mother has permitted contact between Father and the child and will continue to do so; d. Mother is willing to accept custody of the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her and Defendant Bruce Gessner shared legal custody of the child and to grant Plaintiff primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, 5 `Z D b?) Date: Angel radley Certified Legal Intern A ONA -F X Superv sing Attorn 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 for Custody 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: o S-1 likd6, ?, i - Mallory. Sherman 4`=? t?1 s ...?.? ,it ?? ' G7 ; ? - ?' - ?.;i r ?a..? i ,"? Mallory F. Sherman, Plaintiff/Petitioner V. Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants/Respondents 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 19th day of May, 2008, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Mallory F. Sherman, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Jake Nicholas Sherman, born February 19, 2005. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Mallory F. Sherman, an adult individual who resides at 735 27`h Street, Blairsville, PA 15717. 2. The respondents are Bruce Gessner, an adult individual whose last known address is 716 Cross Road, Brockport, PA 15823, Kingsley G. Sherman, an adult individual who resides at 32 Central Blvd., Camp Hill, PA 17011, and Theresa L. Sherman, an adult individual who resides at 32 Central Blvd., Camp Hill, PA 17011. 3. The petitioner is the biological mother (hereinafter "Mother") of the three year old minor child, Jake Nicholas Sherman, born February 19, 2005 (hereinafter "the child"). 4. The respondents are: Defendant Bruce Gessner, the father (hereinafter "Father") of the child, Defendant Theresa L. Sherman, the maternal grandmother (hereinafter "Grandmother") of the child, and Defendant Kingsley G. Sherman, maternal grandfather (hereinafter "Grandfather") of the child. 5. The child was born out of wedlock. 6. The child has resided at 32 Central Blvd., Camp Hill, Cumberland County, Pennsylvania since his birth. 7. Mother has been the primary caretaker of the child since his birth. 8. Father has exercised limited periods of partial custody of the child pursuant to an informal arrangement with Mother. 9. Mother, the child, and Grandmother and Grandfather resided together until May 9, 2008. 10. On May 9, 2008, Mother was preparing to move out of the Camp Hill residence. Grandmother grabbed Mother's arm and refused to allow Mother to take the child with her. 11. On May 9, 2008, Grandfather grabbed the hood of Mother's shirt and shoved her to the ground to prevent her from leaving the residence with the child. 12. Mother called the Hampden Township Police to assist her in removing the child from the home. 13. Grandmother showed the police officers a copy of an April 6, 2005 Decree which appointed Grandmother the guardian of the child (a copy of the Decree is attached as Exhibit A), and the police left the child in Grandmother's custody. 14. On May 9, 2008, Grandmother told the police that she would not return the child to Mother. 15. Since May 9, 2008, Grandmother and Grandfather have refused to allow Mother to see her child. 16. Since refusing to return the child to Mother, Grandmother and Grandfather have not contacted or spoken to Mother directly. 17. There is no current custody order in this matter, and no prior judge has issued an order in Custody. 18. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 19. Mother believes and therefore avers that it is in the best interests of the minor child that the Court grant Mother temporary physical and legal custody of the child, pending further Order of Court. 20. Plaintiff believes and therefore avers that none of the respondents are represented by legal counsel in this matter. WHEREFORE, the petitioner, Plaintiff Mallory F. Sherman, respectfully requests that this Honorable Court restore the status quo by entering an Order granting her temporary legal and physical custody of the child pending further Order of Court, by ordering Respondents Kingsley G. Sherman and Theresa L. Sherman to return the child immediately to Petitioner, by directing that the Cumberland County Sheriff serve the Order on Respondents Kingsley G. and Theresa L. Sherman and assist in the immediate return of the child to Petitioner, and by scheduling this matter for hearing or custody conciliation conference. ZD /CPO Date Respectfully submitted, Angel radley Certified Legal Intern ANNE ALD-FOX Supervising Attorney 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 for Special Relief 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: S" t -08 Mallory R "Sherman, Plaintiff/Petitioner ' RECEIVED APR 4 4 05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JAKE NICHOLAS SHERMAN . NO. 21-o--6310 ORPHANS' COURT DIVISION GUARDIAN FOR MINOR DECREE AND NOW, this 4day of A-r , 2005, upon consideration of the Petition for Appointment of Guardian of the Person of a Minor Child Under the Age of Fourteen Years, filed by Theresa L. Sherman, it is hereby ordered and decreed that Theresa L. Sherman is appointed guardian of the person of Jake Nicholas Sherman, a minor, e Court: -Judge r? ki Tu. _P N VIPs t SPS INv MOVI DED gN ATN. a .--, =Y "i,"'' = C'"' ?YtF, i' `. ?„ ? ' _ ??.5 Q 4 ?' 1 '.?"" -'A .-'" ?' e•.s ;:?. f s ,,,-- Mallory F. Sherman, Plaintiff V. Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 08-316L CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Mallory F. Sherman, 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. Date5 % ID Respectfully submitted, &"'/ ./:? add Angel Bradley Certified Legal Intern U ROBE S 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 r.y CO 1dAY 8 0 20bd? Mallory F. Sherman, Plaintiff/Petitioner V. Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 08- .319J. CIVIL TERM ORDER OF COURT AND NOW, this ', day of , 2008, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: have y o tier minor cmict, a e is o as Mrman, 1 il;RmadiR MR an s car me is a return o Jake erman. A hearing regarding this Petition for Special Relief is hereby scheduled for the .pie day of )y? - , 2008 at ?? o'clock f_M in Courtroom Number , Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties along with their legal coup appear in person. *RT, J. MALLORY F. SHERMAN PLAINTIFF V. BRUCE GESSNER, KINGSLEY G. SHERMAN, THERESA L. SHERMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3186 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 16, 2008 at 11:30 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/ Dawn S. Sunday Es q. j JA 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 rvw 'OF V", 4 b"/4 JAI "\f1 ? `ti,d 9 Z ?c NJ ZZ Avw 80QZ ?wr so? 5 Mallory F. Sherman, Plaintiff V. Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08 - 3If ORDER OF COURT day of CIVIL TERM 2008, 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 , 2008, 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The proposed recommended order may contain a requirement that the parties file a Pretrial Memorandum with the Judge to whom the matter has been assigned. 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: Custody Conciliator NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE 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. Mallory F. Sherman, Plaintiff V. Bruce Gessner, Kingsley G. Sherman, and Theresa L. Sherman, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 08 - Xe6 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Mallory F. Sherman, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Mallory F. Sherman, residing at 735 271' Street, Blairsville, PA, Indiana County, Pennsylvania 15717. 2. The defendant is Bruce Gessner, last known address, 716 Cross Road, Brockport, Pennsylvania 15823. 3. The defendant is Kingsley G. Sherman residing at 32 Central Blvd., Camp Hill, Pennsylvania 15717. 4. The defendant is Theresa L. Sherman residing at 32 Central Blvd., Camp Hill, Pennsylvania 15717. 5. Plaintiff seeks primary custody of: Name Present Residence Age Jake Nicholas Sherman 32 Central Blvd., Camp Hill, PA 17011 3 The child was born out of wedlock. The child is presently in the custody of Kingsley G. Sherman and Theresa L. Sherman, who reside at 32 Central Blvd., Camp Hill, PA 17011. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Kingsley G. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Theresa L. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Frank N. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - Present Miles K. Sherman 32 Central Blvd. Camp Hill, PA 17011 05/10/08 - Present Mallory F. Sherman 32 Central Blvd. Camp Hill, PA 17011 02/19/05 - 05/09/2008 The mother of the child is Mallory F. Sherman. She is single. The father of the child is Bruce Gessner. He is single. 6. The relationship of Plaintiff to the child is that of mother. The plaintiff (Mother) currently resides with the following persons: Name Relationship to Mother Erik Smith Boyfriend 7. The relationship of Defendant Bruce Gessner to the child is that of father. Defendant Bruce Gessner (Father) currently resides with the following persons: Name Relationship Unknown The relationship of Defendant Kingsley F. Sherman to the child is that of maternal grandfather. Defendant Kingsley F. Sherman (Grandfather) currently resides with the following persons: Name Relationship to Grandfather Theresa L. Sherman Wife Frank N. Sherman Son Miles K. Sherman Son The relationship of Defendant Theresa L. Sherman to the child is that of maternal grandmother. Defendant Theresa L. Sherman (Grandmother) currently resides with the following persons: Name Relationship to Grandmother Kingsley F. Sherman Husband Frank N. Sherman Son Miles K. Sherman Son 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has been the child's primary caretaker for all of the child's life; b. The child has medical needs that require Mother's assistance. c. Mother has permitted contact between Father and the child and will continue to do so; d. Mother is willing to accept custody of the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her and Defendant Bruce Gessner shared legal custody of the child and to grant Plaintiff primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: '5 LZO In Angel radley Certified Legal Intern L A ONA -F X Superv sing AttornTHE 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 for Custody 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: 5 ` 1 "A - 0 2 1 Mallory. Sherman `;. 1 ?' ? _ ?'Z?: ? i ? ?. " - ?Y; '?-; '? t`rv? ? . . C:3 ?ti;_l `? ?- .-* . ?.?, G ?.:? : Mallory F. Sherman, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Bruce Gessner Kingsley G. Sherman, and Theresa L. Sherman, ; Defendants/Respondents NO. 08 - 3186 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief on Kingsley G. Sherman, residing at, 32 Central Blvd., Camp Hill, Pennsylvania 17011 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Kingsley G. Sherman, on the 22nd day of May 2008 as evidenced by the attached green card. Angel Bradley Certified gal Intern Anne d-Fox, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r.3 )?Z'._ J N3 _t ' :< ¦ Complete items 1, 2, and 3. Also complete Item 4 N Restricted Delivery Is desired. • Prktt your name and address on the reverse so #W we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front N space permits. 1. Article Addressed to: 16 ley F . ShPrmar? (t-tir p /7/7l ; 1W / 7TO// A xG% o B. R NarmC. Date of Delivery D. Is delivery address different from tram 1? ? 11iNs If YES, entgl*Yery address below. 0 No 3. So" Type f Grtifled Mail 0 pgxv s Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7003 3110 0004 5774 2846 - - - - - - - - - - - - - - - - PS Form 3811, February 2004 DW Return Receipt 102595-02-M-1540 Mallory F. Sherman, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY Bruce Gessner Kingsley G. Sherman, and Theresa L. Sherman, Defendants/Respondents NO. 08 - 3186 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief and Order of Court on Bruce Gessner, residing at 716 Cross Road, Brockport, Pennsylvania, 15823 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Bruce Gessner, on or about the 30'' day of May 2008 as evidenced by the attached green card. ?(ail ngel radley Certified Legal Intern a' Anne omd-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 a Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L'/ lra? SOCtG?_ ,roc K??rfi ?? l5FS?3 X 0 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery adAm different from ItOrn 1? O Yes If YES, enter ss below: 0 No 3. SeWe Type Certified Mail ? E,7rpress Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. 7003 3110 0004 5774 2815 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 ; I r .., `i A's Mallory Sherman, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY Bruce Gessner, Kingsley G. Sherman and, Theresa L. Sherman, Defendants/Respondents No. 08 - 3186 CIVIL TERM PETITION TO DISMISS PETITION FOR SPECIAL RELEIF Plaintiff/Petitioner, Mallory Sherman, by and through her attorneys the Family Law Clinic, hereby requests that the Court dismiss the Petition for Special Relief filed on May 20, 2008 in the above-captioned matter. In support of her Petition, Plaintiff/Petitioner avers the following: 1. Plaintiff/Petitioner filed a Petition for Special Relief with the Court on May 20, 2008. Pursuant to Pa R.C.P. 1915.13. An Order of Court was issued by the Honorable Edward E. Guido on May 21, 2008, scheduling a hearing for June 5, 2008 at 3:15 p.m. 2. Plaintiff/Petitioner has returned to reside at the home of Defendants/Respondents Kingsley and Theresa Sherman, and no longer wishes to pursue the Special Relief request, as she now has access to her minor child, Jake Nicholas Sherman. 3. The parties shall proceed in the custody action through the conciliation process.. The conciliation has been scheduled for June 16, 2008. 4. No counsel has entered his or her appearance for the opposing parties in this action therefore, the Plaintiff/Petitioner was not able to seek concurrence pursuant to C.C.R.P. 208.2(d). However, Defendants Kingsley and Theresa Sherman and Defendant Bruce Gessner have expressed their concurrence in canceling the June 5, 2008 hearing. WHEREFORE, Plaintiff/Petitioner requests that the Court vacate the Order of Court of May 21, 2008 thereby canceling the hearing schedule for June 5, 2008. L) Date Respectfully submitted, Angel BYadley Certified Legal Intern uc Jo on-Walsh Su i g Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 cc: Kingsley and Theresa Sherman Bruce Gessner VERIFICATION I verify that the statements made in this Petition to Dismiss Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 4-'A-Ug ?1 _ Mallory. Sherman K,a- W f , ]• ?f,.,-jam i w JUN 0 b 2008 Mallory Sherman, Plaintiff/Petitioner V. Bruce Gessner, Kingsley G. Sherman Theresa L. Sherman, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY :NO. 08-3186 ORDER OF COURT CIVIL TERM AND NOW, this day of , 2008 upon consideration of the attached petition, it is hereby ordered that the Petition for Special Relief shall be dismissed and the hearing scheduled for 3:15 p.m. on June 5, 2008 before the Honorable Edward E. Guido be cancelled. BY THE COURT: J. --2J3 'toc"?t - aq,5 ltAA S3'j0 1 0 6Z .Z W8 S- Knr 0001 10 Mallory F. Sherman, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY Bruce Gessner Kingsley G. Sherman, and Theresa L. Sherman, Defendants/Respondents : NO. 08 - 3186 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint and Order of Court on Kingsley G. Sherman, residing at 32 Central Blvd., Camp Hill, Pennsylvania 17011 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Kingsley G. Sherman, on June 3, 2008 as evidenced by the attached green card. am-1 -'- " Angel Bradley Ce 'fied Legal Intern ? i Gam. Lucy ohnston-Walsh Megan Riesmeyer Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 fj r r, ? r ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ??.m? .?(,Q? (?' ?3N22ZJYY1lL' I Cy "),)/ r? f -? 9// A. Si to X B. I$(.ei d Printed, Name) C. D. Is delivery address different from item 1 ? ? yes If YES, enter delivery address below: ? No 3. Service Type ,AM-Cert-ified Mail ?,?y Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article ?`. (rransh 7005 0390 0003 2632 7045 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; t -"s JUN 19200B 5 MALLORY F. SHERMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-3186 CIVIL ACTION LAW BRUCE GESSNER, KINGSLEY G. SHERMAN, THERESA L. SHERMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?i day of ?? , 2008, upon consideration of the attached Custody p Conciliation R? ortit is ordered and directed as follows: The Complaint for Custody filed by the Plaintiff, Mallory F. Sherman, in this matter is withdrawn and dismissed. J. cc: ? gel Bradley and Lucy Johnston Walsh, Esquire -Counsel for Mother rschel Lock, Esquire - Counsel for Maternal Grandparents ruce Gessner, Father CC P I'F-s r %a S -/ v8 `- =rye) 90 •01 1?V SZ Nor 8OOZ I?t i s j t ?l d :3Hi ?Q MALLORY F. SHERMAN Plaintiff VS. BRUCE GESSNER, KINGSLEY G. SHERMAN, THERESA L. SHERMAN Defendant 2008-3186 CIVIL ACTION LAW IN CUSTODY 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 Jake Nicholas Sherman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DATE OF BIRTH February 19, 2005 2. A custody conciliation conference was held on June 16, 2008, with the following individuals in attendance: the Mother's counsel, Angel Bradley and Lucy Johnston Walsh, Esquire. Neither the Mother, the Father, nor the Maternal Grandparents were present at the conference although the conciliator was advised that Herschel Lock represents the Maternal Grandparents. 3. The Mother's counsel indicated that the Mother decided not to pursue her Complaint for Custody immediately preceding the conference. Presumably the Mother had been able to contact the other parties prior to their arrival at the conference, which explains their absence. 4. In light of the Mother's decision to withdraw her Complaint for Custody as represented by her counsel at the conference, the conciliator recommends an Order in the form as attached. ;2 cx? Date Dawn S. Sunday, Esquire Custody Conciliator