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Home My WebLink About04-2304JODY NOLL, Plaintiff RYAN STRAYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ; : CIVIL ACTION - LAW : CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fall to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIENNSYLVANIA JODY NOLL : ,, VS. .' : RYAN STRAYER : NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION TO TRANSFER VENUE PURSUANT TO PA. R.C.P. 1915.? AND NOW, TO WIT, this 16th day of July, 2004, comes the Petitioner, Ryan Strayer, by and through his counsel, Griest, Himes, Herrold, Schaumann, LLP, by Heather Z. Reynosa, Esquire and files this Petition IPursuant to Pa. R.C.P. 1915.2 to transfer this action for custody to the Court of Common Pleas of York County, Pennsylvania for the convenience of the parties and the witnesses, for the following reasons: 1. The child in question, Teanna D. Strayer, born February 13, 2004, age 5 months, was born in York, York County, Pennsylwania. 2. Although the Respondent/Mother of the child currently resides in Cumberland County with the child in her care and control, she has only done so since on or about May 1,2004. 3. Under Pennsylvania Rule of Civil Procedure 1915.2(a), the child lived in York County, Pennsylvania from on or about February 13, 2004 until May 1,2004 and again from May 2, 2004 through May 8, 2004, and so venue could have originally been brought in York County, Pennsylvania. 4. Petitioner has filed a custody complaint in York County, Pennsylvania docketed to No. 2004-FC-1132-Y03 and that as soon as transfer is allowed and/or Ordered, Petitioner will immediately request that a Conciliation Conference be scheduled. 5, Petitioner believes and therefore avers that this custody action should be transferred to York County for the convenience of the parties and the witnesses and in the interest of judicial economy and efficiency. 6. Venue. WHEREFORE, Petitioner respectfully requests that this Honorable Court transfer the above-referenced custody action to the Court of Common Pleas of York County. The Respondent is in Concurrence with Petitioner's Petition to Transfer See attached Concurrence. GRIEST, HIMES, HERROLD, SCHAUMANN, LLP F,~11(~;5Z. Reynosa, Esq r~ 129 East Market Street York PA 17401 (;717) 846-8856 FAX: (717) 845-3330 HReynosa@GHHSLaw.com Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY NeLL .. ,. VS. : _. RYAN STRAYER : NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVlCI= I, Heather Z. Reynosa, Esquire, a member' of the law firm of Griest, Himes, Herrold, Schaumann, LLP, hereby certify that on July /~, , 2004, the a copy of the PETITION TO TRANSFER VENUE PURSUANT TO PA. R.C.P. 1915.?, was served by US first class mail, postage prepaid, upon the following attorney and/or individuals of record: Elizabeth Beckley, Esquire BECKLEY & MADDEN 212 N. 3rd Street PO BOX 11998 Harrisburg PA 17108 Respectfull~ ,/.~ ubm tted, GRIEST, HiE/lES, HERROLD, / "H,~er -~.'¢{eynosa, Esquire~ I.D.~o,.81095 129' Ea~t Market Street York PA 17401 (717) 846-8856 JUL-ID~Z-2204' 16:25 GRIEST, HIMES, HE~OLD' 717 846 EIB56 P.O2/Q? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY NOLL . ,. VS. ., RYAN STRAYER NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF CONCURRENCF I, Elizabeth Beckley, Esquire, counsel for the Respondent, Jody Noll, do hereby concur in Petitioner's request to transfer ve~nue of the above-referenced case from Cumberland County, Pennsylvania to York County, Pennsylvania. Date: BECKLEY & MADDEN 212 N. 3rd Street PO BOX 11998 Harrisburg PA 17108 ph: (717) 233-7691 JODY NOLL, Plaintiff RYAN STRAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY NOTICIA Le han demandado austed en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plozo al partir de la fecha de la demanda y la notificacion. Usted debe presentor uno apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 JODY NOLL, Plaintiff RYAN STRAYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : : : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff Jody Nail, by and through her attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the following: ® e Plaintiff Jody Nail (Mother) is an adult individual who currently resides at 795 Humer Street, Enola, Pennsylvania. Defendant Ryan Strayer (Father) is an adult individual who currently resides at 1923 Powder Mill Road, York, Pennsylvania. Mother and Father are the natural parents of one minor child: TEANNA D. STRAYER, born on February 13, 2004. For the last three months, the child has resided with the following persons at the following addresses: Birth through April 30, 2004, child resided with Mother and Father at 1923 Powder Drive, York, PA 17401, with Father's family - Zita Madison, Michael Madison, Sr., and Michael Madison, Jr. April 30, 2004 to Present, child resides with Mother at 795 Humer Street, Enola, PA 17025 with Mother's parents, Debra and Frank Nail. April 30, 2004 to Present, child has also resided with Father at 1923 Powder Mill Road, York, PA 17401, with 10. 11. Father's family - Zita Madison, Michael Madison, Sr., and Michael Madison, Jr. The parties have not participated as a party or witness or in any other capacity in any other litigation regarding the custody of the children in Pennsylvania and there are no Court Orders from any other Court or any other jurisdiction. Mother does not know of any persons not a party to the proceedings who has physical custody of the minor child or claims to have custodial or visitation rights with respect to the minor child. Since the parties separated on April 30, 2004, Mother has had primary physical custody of their minor child. The Mother has initiated this Custody proceeding as the Mother is the primary caretaker of the minor child. The Father works full-tlme as a telemarketer. The Mother works full time at Erie Insurance as a clerical worker. The Mother submits that it is in the best interests and permanent welfare of the minor child shall by granting Mother primary physical custody of the minor child: A. Mother has been the primary caretaker of the chlld for the child's entire life. B. The Mother can provide a more stable, safe and secure family environment for the child without disruption and instability. ¢. The Mother believes that having the one week on, one week off schedule does not provide sufficient stability to this infant child and as the mother has been a more experienced caretaker for their child since their child's birth. 2 The natural Father has medical conditions that include panic and anxiety attacks, bipolarism and depression, which severely concerns the natural mother for their infant child's care and well-being when in the custody of the natural father, by reason of his medical conditions. The natural Father's mother is on disability and has also been diagnosed with certain medical conditions that would present a concern for the care of the parties' infant child and the natural Father's step-father works during the day. As such, the natural Mother is concerned with unsupervised custody and visitation with the natural Father. WHEREFORE, the Plaintiff, the Mother, respectfully requests this Honorable Court to enter an Order granting full legal and physical custody to the Plaintiff. RESPECTFULLY SUBMITTED, RUPP AND MEIKLE By: lic Atty. I. D. No. 34832 355 N. 21't St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Plaintiff 3 VERIFICATION I, JODI NOLL, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. JO~l NOLL, Plaintiff 4 JODY NOLL VS. RYAN STRAYER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY PRELIMINARY OBJECTIONS TO DISCONTINUE DUE TO LACK OF JURISDICTION AND/OR VENUE AND TO REMOVE CASE TO YORK COUNTY TO THE HONORABLE, THE JUDGES OF SAID ,COURT: Defendant, Ryan Strayer, by and through his counsel, Griest, Himes, Herrold, Schaumann, LLP, by Heather Z. Reynosa, Esquire files the following Preliminary Objections: 1. The CHILD in this matter is Teanna D. Strayer, born February 13, 2004. 2. From the date of birth, February 13, 2004, until May 1,2004, the CHILD resided with Mother and Father at 1917 Powder Mill Road, York, York County, Pennsylvania 17402. 3. On May 1,2004, Mother removed herself and CHILD to Cumberland County, Pennsylvania. 4. On or about May 2 through May 8, ,'!004, the CHILD spent the week with Father in York County, Pennsylvania. 5. From May 8, 2004 through the present date, the natural mother and the CHILD lived in Cumberland County, Pennsylvania with the maternal grandparents. 6. On or about May 26, 2004, Mother filed a Complaint for Custody in Cumberland County, Pennsylvania, wherein she requested the court grant her primary physical custody of the minor CHILD. 7. Upon receipt of service of Mother's Complaint for Custody, the Father filed a Complaint for Custody in the "home county" where he and the CHILD and the Mother had previously resided in York County, Pennsylvania." A true and correct copy of said Complaint is attached hereto and made a part hereof and marked as Exhibit "A". 8. Under 23 Pa. C.S.A. §5344(a)(1), 'York County is the "home county" of the child. 9. Under 23 Pa. C.S.A. §5344(a)(2), York County has had the most significant connection with the child since the child's birth. 10. The Complaint for Custody filed by mother does not aver sufficient facts to establish jurisdiction under the Uniform Child Custody Jurisdiction Act, adopted in this state. 11. In accordance with 23 Pa. C.S.A. §5348, Father avers that Mother has filed a custody action in a forum which is clearly inappropriate. WHEREFORE, the Father respectfully requests that this Honorable Court enter an Order dismissing the Mother's petition for custody for lack of jurisdiction. Respectfully submitted, GRIEST, HIMES, HERROLD, SCHAUMANN, LLP ~¢ather Z. R~'~nosa, E-~quire I PA81095 129 East Market Street York PA 17401 (717) 846-8856 FAX: (717) 845-3330 HReynosa@GHHSLaw.com Attorney for Defendant/Father IN THE COURT OF CO~IMON PLEAS OF CUMBERLAND COUNTY=, PENNSYLVANIA JODY NOLL : .. VS. : : RYAN STRAYER : NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Heather Z. Reynosa, Esquire, a member of the law firm of Griest, Himes, Herrold, Schaumann, LLP, hereby certify that on June 11, 2004, a copy of the Preliminary Obiections to Discontinue Due to Lack of Jurisdiction and/or Venue and to Remove Case to York County was served upon the following attorney and/or individuals of record via U.S. first class mail, postage prepaid: Richard C. Rupp, Esquire RUPP and MEIKLE 355 N. 21st Street, Ste. 205 Camp Hill PA 17011 Respectfully submitted, GRIEST, HIMES, HERROLD, B~..~HA U~ LL? ~ Heather :). Reynosal Es~re I.D. No. 81095 129 East Market Street York PA 17401 (717') 846-8856 NOTICE You have been sued in Court to obtain custody, partial custody, or visitation of the children herein named. 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 the case may proceed without you and you may lose rights important to you, including custody or visitation of your children. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Lawyer Referral Service 137 East Market Street York PA 17401 Telephone (717) 854-8755 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BF ABLE TO PROVIDE YOU WITH INFORMATION .ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NC) FEE. MidPenn Legal Services 256 East Market Street York PA 17403 Telephone 1-800-299-6599 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLV A F:IYAN W. STRAYER · NO, 2004-FC- [ -Y03 : : Civil Action - Law JODY NOLL : Custody AVISO PARA DEFENDER USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion antes de la audiencia fkjada en la Directive anexa. Se le avisa que si no se defiende, el caso puede proceder sin usted y una Orden puede ser emitida por la Corte en su contra sin mas aviso por cualquier queja o compensaction recLamados en la Peticion. Usted puede perder propiedades u ortos derechos importantes para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO DE UNA VEZ. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFIClNA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. Lawyer Referral Service 137 East Market Street York PA 17401 Telephone (717) 854-8755 MidPenn Legal Services 256 East Market Street York PA 17403 Telephone 1-800-299-6599 RYAN W. STRAYER VS. JODY NOLL : NO. 2004-FC- ,. . : Civil Action - Law : Custody IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVAN A ~' COMPLAINT FOR CUSTODY RYAN W. STRAYER, and by his attorneys, Griest, Ftimes, Herrold, Schaumann, LLP, Esquires, by Heather Z. Reynosa, Esquire, files the following Complaint: 1. The Plaintiff is RYAN W. STRAYEFI, an adult individual, currently residing at 1923 Powder Mill Road, York, York County, Pennsylvania 17402. 2. The Defendant is JODY NOLL, an adult individual, currently residing at 795 Humer Street, Enola, Cumberland County, Pennsylvania, and has resided there since on or about May 1,2004. 3. Plaintiff seeks shared legal custody and shared physical custody of the following child: Name Present Residence Aqe Teanna D. Strayer 795 Humer Street, Enola PA 3 months The child was born out of wedlock. The child is presently in the custody of Defendant, Jody Noll. Following the separation of the natural parents on or about April 30, 2004, Defendant, Jody Noll, removed the child to Cumberland County, and has only allowed Plaintiff to see the child on a very limited basis and under her terms which has resulted in Plaintiff not seeing the child. 6. and at the following addresses: (List all persons) Ryan Strayer-father Jody Noll- mother Zita Madison-paternal grandmother Michaet Madison, Sr.-paternal step grandfather Michael Madison, Jr.-step-uncle During the past five years, the child has resided with the following persons (List all addresses) 1917 Powder Mill Road York, PA 17402 (Dates) 2/13/04 - 5/1/04 Jody Noll-mother 795 Humer Street Debra Noll-maternal grandmother Enola PA Frank Noll-matemal grandfather 5/1/04- 5/2/04 Ryan Strayer-father 1923 Powder Mill Road Jody Noll- mother York, PA 17402 Zita Madison-paternal grandmother Michael Madison, Sr.-paternal step grandfather Michael Madison, Jr.-step-uncle 5/2/04 - 5/8/04 Jody Noll-mother Debra Noll-maternal grandmother Frank Noll-maternal grandfather 795 Humer Street Enola PA 5/8/04- present 7. The mother of the child is Jody Noll, currently residing with her parents, Debra and Frank Noll at 795 Humer Street, Enola, Cumberland County, Pennsylvania. She is single. 8. The father of the child is Ryan W. Strayer, currently residing with his mother, Zita Madison, step-father, Michael Madison, Sr., and step-brother, Michael Madison, Jr., at 1923 Powder Mill Road, York, York County, Pennsylvania 17402. He is single. 9. 10. Name Zita Madison Michael Madison, Sr. Michael Madison, Jr. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Relationship mother step-father step-brother 11. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Teanna D. Strayer daughter Debra Noll mother Frank Noll father 12. Plaintiff has been sued for custody in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at 04-2304. 13. Plaintiff has information of a custody proceeding concerning the child pending in the Court of Common Pleas of Cumberland County, Pennsylvania and has filed Preliminary Objections to such. 14. 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. 15. The Plaintiff believes and therefore avers that the best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. the "best interest" of the child is best served by the child having continuing and shared contact with both of the natural parents; b. Plaintiff is the more likely parent to foster a relationship between the child and the Defendant; c. Plaintiff has not removed the clhild from the home county; and d. Plaintiff believes and therefore avers that no sufficient reasons exists as to why the parties should not share both legal and physical custody of the child in question. 16. 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 respectfully requests this Honorable Court grant the parties shared legal and physical custody of the. child. Respectfully submitted, GRIE~;T', HIMES, HERROLD, AND SC~AIUMANN, ~LLP...----~q/I ~ .' y , --squ[Ce' I.D. No. 81095 129 Fast Market Street York PA 17401 (717) 846-8856 VERIFICATION I, RYAN W. STRAYER, hereby verify' that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ec. 4904, relating to unsworn falsification to authorities. Ryan'W. Strayer ~ IN THE COURT OF COMMON PLEAS OF 'YORK COUNTY, PENNSYLVANIA RYAN W. STRAYER VS. JODY NOLL : NO. 2004-FC- ,, ,, : Civil Action - Law : Custody -Y03 CONCILIATION CONFERENCE MEMORANDUM Submitted by Heather Z. Reynosa, Esquire, counsel for Plaintiff, Ryan W. Strayer. 1. Party is the natural father of the child define relationship to children). Child: Teanna D. Strayer Date of Birth: 2/13/04 Age: 3 months 3. Party is requesting: (outline proposed Order) Plaintiff respectfully requests that the parties share both legal and physical custody of the child. The present custody situation is as follows: (include any visitation arrangements that may exist). Identify specifically the date of the last Order, (protection from abuse or custody), or agreement, and attach a copy to this Memorandum. On 2/13/04, the child, Teanna D. Strayer, was born in York County, Pennsylvania. Thereafter the child and the natural parents, Ryan W. Strayer, father, and Jody Noll, moth:er, resided with the child in York County, Pennsylvania from the birth of the child through 4/30/04. On or about 5/1/04, mother and father separeted and mother removed herself and the child to Cumberland County, Pennsylvania. Since that time, due to the actions of mother, father has had limiited contact, to no contact, with the child. The present custody situation has existed since on or about 5/1/04. Prior to that time the custody situation was as follows: The parties resided together with the child following the child's birth on 2/13/04 until 4/30/04 in York County and from 5/2/04 through 5/8/04 with Father at 1923 Powder Mill Road, York, Pennsylvania. 10. 11. Has either party prevented the other party from having any contact with the children? Yes, If so, state the circumstances: Since on or about 5/1/04, when mother relocated with the child to Cumberland County, Pennsylvania, mother has not allowed the father to have the child by himself, but ilnstead has demanded numerous restrictions regarding father's ability to see and spend time with the child. Due to mother's demands, father has not seen the child since May 8, 2004. Do you allege unfitness of the other party? Reserved. Do you allege improper home environment? Reserved. What other issues will be presented to tile Court? a. the "best interest" of the child lis best served by the child having continuing and shared contact with both of the natural parents; b. Plaintiff is the more likely parent to foster a relationship between the child and the Defendant; c. Plaintiff has not removed the child from the home county; and d. Plaintiff believes and therefore avers that no sufficient reasons exists as to why the parties should not share both legal and physical custody of the child in question. Do you plan to raise emotional or psychological problems of the children or others involved? Reserved. Do you request psychological evaluations? Reserved. 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perform psychological evaluations? Yes, if applicable. 13. How much time will the presentation of your case, (including cross- examination), take? Two (2) days. 14. Factual Witnesses: TO BE DETERMINED. 15. Expert Witnesses: TO BE DETERMINED. 16. Are home studies requested? Reserved. 17. Other relevant information you wish to b, ring to the attention of the Conciliator. Plaintiff wishes to see his child, SHERIFF'S RETURN CASE NO: 2004-02304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOLL JODY VS STRAYER RYAN - OUT OF COIINTY Thomas Kline Sheriff or Deputy Sheriff who being a diligent search and , to wit: duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT STRAYER RYAN but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - in his bailiwick. County, CUSTODY He therefore Pennsylvania, to On June 18th , 2004 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 24.50 .00 61.50 06/18/2004 RUPP & MEIKLE Sworn and subscribed to before me 2~day of ~, · this ~0~ A.D. Prothonotary' this office was in receipt of the s o Sheriff of Cun~l'and County 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I PLAINTIFF/S/ Jody Noll Ryan Strayer z CO~T_~C~ R C ivi1 4. TYPE OF WRIT OR COMPLAINT DATE RECEIVED 47 DATE · 5-10-04 49 DATE SE;E { 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETCEyan Strayer TOSERVEORDESCRIPTIONOFPROPERTYTOBELEVIED, ATTACHED. ORSOLD 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP. STATE AND ZiP CODE) AT 1923 Powder Mill Road York, PA 7. INDICATE SERVICE: [3 PERSONAL ~1 PERSON IN CHARGE ~ DEPUTIZE CL]%~/t~[ :~J~ L} 1 ST CLASS MAIL U POSTED ~J OTHER NOW May 25 .20 04 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t~ke return t~l~,~/e~ccording to law. This deputization being made at the request and risk of the plaintiff. '~'~ ~"~"~-:~'~._....~~ SHERIFF OF ~Ia~couNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILl. ASSIST IN EXPEDITING SERVICE C~nberland Please mail return of servi~e to CL~nberland Cou~tF Sheriff. Thank you. NOTE: ONLY APPUCASLE ON WRIT OF EXECU*I~qN: N.B, WAIVER OF WATCHMAN - Any deputy sk~df'lewing upon o~ attaching any property under within wn may leave saree wil~out a watchman, in custody of whomever is four ~.,i'n possess on, after notify ng parson of levy m' attachmen, w,;thout lial~lity.on the part of such deputy or the sheriff ID any herein fm em/Io~s, beet~uctio~, or removal of any propany before sheriffs sale theceof. 9 TY ENAMEaodADDRESSofATTORNEYIORIGINATORandSIG URE , 10. TELEPHONENUMSER 11 DATEFILED ~;c~J ~o 2st ,:. ?,~ ~-. ~~1/ ~-/7o~/I .7o ~-:~s? 12 SEND NOTICE OF ~ERV~ COPY TO EANDADDRESSBEL W~ (Thisaream stbe ;orhplet flce is to be mai ed) 13 laclu~recetptofmewrri /~) [ ~ . I 4L. DATERECEI,V~D/ 115 F-.~pirat!on/_Hean~ng. qate f6 HOWSERVED: PERSONAL (~ RESIDENCE,~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELO¥ 17. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below) IB~.~DTITL~ALSERVEC /~.ADE. RE.,~SHER. R~F/N~C_T_,~H_OWN,~BOVE(Rele~JO~S,hiptoDelendant) 19 Date fSeA~ e 20 Timeof trice ,, '"''' "I I°"1 "' ,.., , 22 REMARKS: ,3,~,.~,ncel~ 12; ~ .Se~)osts 25.1F ~. ~.~.~e 27 Pos~ageL~u.~). 29 Pound I~..(~ 131Surchg. 132 TOt Costs'33 CoslsDt~m'i~u~'~'d 'C:~ck?.~.~k,,~''''0' ~:)'~I~ 40 Costs Due o~ Refund ~otice & Complaint for Custody JODY NOLL, Plaintiff RYAN STRAYER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :CUSTODY : :NO. 04-2304 PRAECIPE FOR WITHDRAW OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of the Plaintiff, Jody Noll, in the above-captioned matter. DATED: Rupp, Esqmre Rupp antd Meikle 355 N. 21st Street, Suite 205 Camp Hill, PA 17011 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Plaintiff, Jody Noll, in the above-captioned matter. Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 T~oma~-'A~. B eckley, Esquire CE~izab/th S. B~ckley,'WE-~qu~/ CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS M~ML: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21st Street, Suite 205 Camp Hill, PA 1701 ! Heather Zeger Reynosa, Esquire Griest, Himes, Herrold, Schaumann, LLP 129 East Market Street York, PA 17401 Mr. Ryan Strayer 1923 Powder Mill Road York, PA 17401 IN THE COURT OF COMIMON PLEAS OF CUMBERLAND COUNTY=, PENNSYLVANIA JODY NOLL : ,, VS. -' . RYAN STRAYER : NO. 04-2304 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER AND NOW, TO WIT, this z l; ' day of July, 2004, upon consideration of Petitioner's Petition to Transfer Venue Pursuant to 1915.2, and it appearing that Respondent is in concurrence and that the convenience of the parties would be served thereby, it is hereby ORDERED that the action is transferred to the Court of Common Pleas of York County, Pennsylvania. It is further ORDERED that the Prothonotary shall forward the record to the Prothonotary of the Court of Common Pleas of York County, Pennsylvania, as provided under Pa. R.C.P. 1915.2(d). BY THI-- COURT, ;,k,,";t.i;O;tLCL',~ :~',4,L a'O