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HomeMy WebLinkAbout04-6533CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 4< - : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800)-990-9108 CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CHILD CUSTODY AND NOW, comes Plaintiff, Carisa J. Garman, (hereinafter referred to as "Plaintiff"), by and through her counsel, Linda A. Clotfelter, who files this Complaint in Divorce and Child Custody, and in support thereof states the following: 1. Plaintiff is Carisa J. Garman an adult individual who resides at 64 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Robert Benj. Garman, an adult individual who resides at 231A Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the parents of one (1) minor child, namely Riley H. Garman, born November 27, 2003, age one (1) year. COUNT I - REQUEST FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE 4. Paragraphs 1 through 3 are incorporated herein by referenced as if fully set forth. 5. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 6. Plaintiff and Defendant were married on September 14, 2002 in Cumberland County, Pennsylvania. 7. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since September 26, 2004. 8. There have been no prior actions of divorce or for annulment between the parties. 9. Defendant is not a member of the armed forces of the United States or any of its allies. 10. Plaintiff avers that the marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. COUNT 11 - REQUEST FOR PRIMARY CUSTODY 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As stated above, the parties are the parents of one child, a son named Riley H. Garman, born November 17, 2003, age one (1) year. 14. During the child's life he has resided as follows: WITH WHOM ADDRESS FROM /TO Plaintiff Plaintiff Plaintiff and Defendant 64 Courtyard Drive Carlisle, PA 17013 221 Richland Road Carlisle, PA 17013 221 Richland Road Carlisle, PA 17013 11/2004 to Present 10/2004 to 11/2004 Birth to 10/2004 15. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 16. There are no other proceedings pending involving custody of the child in this or any other state. 17. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 18. The best interests of the child will be served if Plaintiff is awarded primary physical custody with supervised visitation or limited partial physical custody to Plaintiff for the following reasons: a. It is Plaintiff and not Defendant, who can provide the care and nurturing the child needs in a stable and secure home environment. Plaintiff has been the primary caregiver for the child since birth and Plaintiff continues in that role as the primary custodial parent since the separation of the parties. It is Plaintiff, and not Defendant, who provides the daily care for the child and takes the child for physician's appointments and other similar appointments b. Defendant's conduct has not been in the best interest of the parties' child and continues to be a concern with respect to Defendant's capacity to care for the child. More specifically, Defendant has had a substance abuse problem, and in the past this problem surfaced while Defendant was hospitalized for an extended period of time. Very recently, Defendant caused damage to the parties' truck while intoxicated. It is believed that his abuse problems persist and that he is becoming impaired while the child is within his custody. On November 5, 2004, Defendant smelled of alcohol upon a morning transfer of custody. On another occasion, Plaintiff had to ask the maternal grandparents to care for the child because Defendant slept through his time due to excessive drinking and arriving at home at 4:30 a.m. Also, while in Defendant's custody the child is exposed to people arriving at all hours to party with Defendant and Defendant and others smoke while the child is present, as the child is returned smelling strongly of cigarette smoke. This conduct is clearly not in the best interests of such a small child. C. Of additional concern is the fact that the specifics of Defendant's home and social environment remain unknown and Defendant's emotional state has been unstable to the point where Plaintiff has severe concerns for the child's safety and well- being while in Defendant's care. Not only is Defendant's substance abuse problem a morality and safety issue, but Defendant has compounded the problems by continually lying to Plaintiff throughout their separation. Of utmost concern is the fact that Defendant lied about the child's whereabouts while Defendant had custody. After persistence from Plaintiff, Defendant admitted that he had lied and that he removed the child from the area without notice to Plaintiff and against her wishes. Plaintiff fears for her child's safety in these unknown and questionable environments. Furthermore, Defendant has stated he will relocate from this area, which further concerns Plaintiff. Defendant's impulsive conduct is not in the best interests of the child and also serves as one of many indicators of Defendant's personal and professional instabilities. d. Defendant has, at times, shown no interest in acting as a parent for the child. Defendant has cancelled a number of times when he was scheduled to have custody of the child, and in the past, Defendant has left the child with third parties unknown to Plaintiff during Defendant's custody periods despite Plaintiff's objections. WHEREFORE, Plaintiff, Carisa J. Garman, respectfully requests that, the Court enter a Decree in Divorce and an Order of Court granting the parties shared legal custody of the child; primary physical custody of the child to Plaintiff; supervised visitation or strictly limited partial physical custody prohibiting certain behaviour to Defendant, Robert Garman, upon Mr. Garman's completion of a drug and alcohol evaluation and/or program and any additional programs deemed to be in the best interest of the child; and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 00- Date: 11 IJ- Oq 71itnda i ' A. Clotfelter, Esquire ney ID No. 72963 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, CARISA J. GARMAN, verify that the statements in the foregoing DIVORCE COMPLAINT 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. § 4904, relating to unsworn falsification to authorities. Date: ?? p/ ?.? Carisa J. Garma 6 W c Q a N C? .C ryl ^I ??,^.??•'. V co X- 0 n ern CARISA J. GARMAN, Plaintiff V. ROBERT BENJ. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6533 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 10'n day of March, 2005, the parties having requested a thirty (30) day continuance on February 8, 2005, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR TfH Melissa Peel Greevy, Esquire Custody Conciliator :246505 CARISA J. GARMAN, Plaintiff/Movant, VS. ROBERT BENJ. GARMAN, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6533 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MOTION TO SCHEDULE A CONCILIATION CONFERENCE AND NOW, comes Plaintiff, Carisa J. Garman, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Motion to Schedule Conciliation Conference, respectfully stating as follows: 1. Movant is Plaintiff in the above captioned matter, Carisa J. Garman and Respondent is Robert Benj. Garner, Defendant in the above captioned matter. 2. Movant filed a Complaint in Divorce and Child Custody on December 20, 2004. 3. A conciliation conference was initially scheduled to take place on February 11, 2005, however, upon agreement of the parties the conference did not take place. 4. Movant wishes to pursue custody and equests that a conciliation conference be scheduled. WHEREFORE, comes Movant, Carisa J. Garman, who respectfully requests that this court schedule a conciliation conference with Melissa P. Greevy, Esquire Respectfully submitted, y: LAW FIRM OF LINDA A. CLOTFELTER jot i ° 11 Li a A. Clotfelter, Esquire At rney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff CARISA J. GARMAN, Plaintiff/Movant, VS. ROBERT BENJ. GARMAN, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6533 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this J& 4 day of October, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing Motion to Schedule Conciliation Conference served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert Benj Garman 301 Potato Road Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 44 -t ? J -rJ t: ` - i? y CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6533 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE Please kindly reinstate the Complaint in Divorce and Custody in the above-referenced matter. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Lin a A. Clotfelter, Esquire Att ney ID No. 72963 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff C7 -rs k 1 i CARISA J. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT BENJ. GARMAN DEFENDANT 04-6533 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Monday, December 04, 2006 at 12:30 PM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree Es qv 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 vx--?iv 4.. t 1 f i 1. '?) A i ON, r' Z h?i' ; aril ?l D (W .... CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Carissa J. Garman, do hereby affirm that the original return receipt of the Complaint in Divorce and Child Custody dated October 30, 2006, was sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Robert B. Garman, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. ¦ Complete items 1, 2, and 3. Also complete Rem 4 It lestricted 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 mallpiece, or on the front If space permits. 1. Article Addressed to: LAW OFFICE OF LINDA A. CLOTFELTER 3. ice typeall ? Expreag Ma11 M nn ,f i i? IN 1i of f5 l tJt.IC.r l ? Registered Vetum Recelpt for Merchandise ? Insured Mail C.O.D. I 4. Restricted D~ (Extra Fee) 00es 2. Article Number (JiW&fWfrom service label) 7001 2510 0003 4439 8287 PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-1540 Respectfully submitted, Dated: A. Signature O Agent ? Addressee B. R d,by (P?irrieal Ngm) C. Date of Del D. Is delivery address different from Rem 17 ? Yes If YES, enter delivery address below: O No I inda A. Clotfelter, Esquire J 1ttorney ID No. 72963 v 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 Attorney for Plaintiff r CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6553 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 8'h day of December, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing COMPLAINT IN DIVORCE AND CHILD CUSTODY was served upon the opposing party by Certified Mail, Restricted Delivery, Return Receipt Requested: Robert Benj. Garman 301 Potato Road Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire Attorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff C'3 r c, c ? -u ? 0 r, 1 4 r . 4 ?C --s-t _.r i1 t 1 CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Carissa J. Garman, do hereby affirm that the original return receipt of the Order of Court dated November 7, 2006, scheduling a Conciliation Conference for Monday, December 4, 2006 at 12:30 p.m. was sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Robert B. Garman, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. ¦ Complete Items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery is desired. Agent ¦ Print your name and address on the reverse Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. ed by ( Printed Name) C. e of Deliv?y d' 0 (i or on the front If space permits. <' ? 1. Article Addressed to: D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No p 3. (ce Type tlfled Mail Express Mail ?? JJ Registered um Receipt for Merchandise ? Insured Mail C.O.D. 0rAA4 ,Cd 4. ResMcted Delivery? {Extra Fee) Wes 2. Article Number (Transfer from serv/cefaW 7001 2510 0003 4439 8294 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1 54D Respectfully submitted, OFFICE OF LINDA A. CLOTFELTER V, ? .-. _ Dated: N lvc?-/ D v inda A. Clotfelter, Esquire / ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 Attorney for Plaintiff c CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6553 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 8"' of December, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ORDER OF COURT SCHEDULING A CONCILIATION CONFERENCE was served upon the opposing party by Certified Mail, Restricted Delivery, Return Receipt Requested: Robert Benj. Garman 301 Potato Road Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ?=.'? ?? C.7 -Y! ? c? ["? -i'+ ??'?f?? ? ? _?-,r ty,R. u-_ --? - _ Y? ' .L= ,_. ? ':7 ? ?? -4 4 DEC 1 12? CARISA J. GARMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-6533 CIVIL TERM V. CIVIL ACTION - LAW ROBERT BENJAMIN GARMAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this k?k day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Carisa J. Garman and Robert Benjamin Garman, shall have shared legal custody of the child, Riley H. Garman, born November 27, 2003. 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 their 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 of 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. The parties shall continue the status quo custodial arrangement as follows: A. Effective December 8, 2006, Father shall have custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. Commencing December 12, 2006, Father will have custody on the Tuesdays and Thursdays following his custodial weekend until the following morning, when the child is returned to day care. NO. 04-6533 CIVIL TERM C. Commencing December 18, 2006, Father will have custody on Mondays and Wednesdays on the weekends preceding his custodial weekends until the following morning, when the child is returned to day care. D. When Father does not have custody, Mother shall have custody. 3. Transportation: The parties will continue to meet for custodial exchanges at the Uni-mart. 4. Holidays. The following holiday schedule shall supercede the regular schedule: A. Christmas. In even-numbered years, Mother will have custody from the morning of December 24th until 8:00 p.m. December 24th and Father shall have custody from December 24th at 8:00 p.m. until December 25th at 5:00 p.m. In odd-numbered years, Mother will have custody from December 24th at 8:00 p.m. until December 25th at 5:00 p.m., and Father will have custody from the morning of December 24th until 8:00 p.m. December 24th B. Thanksgiving. The parties will alternate custody for Thanksgiving Day, with Mother have custody in even-numbered years and Father having custody in odd-numbered years. C. The parties will share or alternate other holidays by their mutual agreement. 5. Therapeutic family counseling. The parties shall participate twice per month in a minimum of eight sessions of therapeutic family counseling, with a preference of selecting a provider through the providers participating with Mother's insurance program. Mother will pay the co-pay associated with these services. The focus of these therapeutic efforts will be to improve the parties' ability to work cooperatively in communicating and parenting their minor son. 6. Vacation. Each parent will be entitled to one eight (8) day block of custody each year for purposes of vacation, which shall occur from Sunday to Sunday. The parties will make their best efforts to commence the vacation period on the traveling parent's custodial weekend. The parties will provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties have conflicting schedules, the party first providing written notice shall have choice of the vacation time. Ln NO. 04-6533 CIVIL TERM 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. The parties shall be abstinent from the use of alcohol or non-prescribed drugs during their periods of custody. BY THE COURT: J. Dist: in a A. Clotfelter, Esquire, 5021 E. Trindle Road, Ste 100, Mechanicsburg, PA 17050 pert B. Garman, 301 Potato Road, Carlisle, PA 17013 A I ?-i.- - .:non i !P t. I :I 1 HI'it 1 13] 0 S Z 0 Z dd :1141 -40 DEC r i zoos CARISA J. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6533 CIVIL TERM V. ROBERT BENJAMIN GARMAN, Defendant 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Riley H. Garman November 27, 2003 Mother 2. The parties separated in October, 2004. Mother filed a Divorce Complaint in December, 2004 in which a count for custody was raised. Mother sought a Custody Conciliation Conference and later the parties agreed not to have the conference go forward. Mother filed a Motion to schedule a Conciliation Conference on October 30, 2006. A Custody Conciliation Conference was held on December 4, 2006. Present for the conference were: the Mother, Carisa J. Garman, and her counsel, Linda A. Clotfelter, Esquire; the Father, Robert Benjamin Garman, appeared pro se. 3. The parties reached an agreement in the fo f an Order as attached. / x/7/0 Date Melissa Peel Greevy, Esquire Custody Conciliator :288080 a1 CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 26, 2004, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE CAPJSA J. dAWAAN ? r? ? fl cr ? : . k z it<: ?-? ?. ?t ..-y . v4- y j s l ? ? - ? f?sJ J';. N ._s;"? - ? . ?? ti , .? r ?? j J i ? ., ? ?? +-- +?" % ? Y .? CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Carisa J. Garman, do hereby affirm that I served upon Defendant, Robert Benj. Garman the NOTICE AND AFFIDAVIT under section 3301(D) of the Divorce Code executed by Plaintiff, Carisa J. Garman, as well as a COUNTER AFFIDAVIT UNDER SECTION 3301(D) by first class mail, postage prepaid, addressed as follows: Robert Benj. Garman 301 Potato Road Carlisle, Pa 17013 The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. Date: e?1 inda A. Clotfelter, Esquire / ttorney I.D. No. 72963 c 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff (717) 796-1930 Telephone (717) 796-1933 Facsimile CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 4 day of April, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by United States first class mail, postage prepaid addressed as follows:: Robert Benj. Garman 301 Potato Road Carlisle, PA 17013 A. Clotfelter, Esc Bey ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff o z.5 7 ; C N . I 0 CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6533 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Dater kR 0 C SA J. G , Plaintiff ,7 ..? rr ?, N ---1 CARISA J. GARMAN, Plaintiff, VS. ROBERT BENJ. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6533 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301 fl[)) DIVORCE DECREE TO: Robert Benj. Garman, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301 (d) affidavit. Therefore, on or after May 28, 2008, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever, the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Carisa J. Garman, do hereby affirm that I served upon Defendant, Robert Benj. Garman the NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(D) DIVORCE DECREE by first class mail, postage prepaid, addressed as follows: Robert Benj. Garman 301 Potato Road Carlisle, Pa 17013 The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. Date: 5 / 7 M i mda A. Clotfelter, Esquire ttorney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff (717) 796-1930 Telephone (717) 796-1933 Facsimile c.n CA CARISA J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6533 ROBERT BENJ. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: L The ground for divorce is irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. The Complaint was filed on December 30, 2004 and was reinstated on October 30, 2006. The Complaint was served by certified mail, return receipt requested, restricted delivery on November 20, 2006, as evidenced by the Affidavit of Service filed December 11, 2006. 3. The affidavit required by § 3301(d) of the Divorce Code was executed by Plaintiff March 27, 2007, and it was filed April 2, 2007. It was served upon Defendant on March 30, 2007 by first class mail postage prepaid as evidenced by the Affidavit of Service filed April 26, 2007. 4. There are no related claims pending. The parties have resolved their economic issues by a written Marital Settlement Agreement dated November 18, 2004, as well as the Amendment to the Marital Settlement Agreement thereto dated January 5, 2005, which shall be incorporated but not merged into the divorce decree as per Paragraph 15 on Page 13 of the Marital Settlement Agreement. 5. Date and manner of service of the Notice of Intention to Request Entry of Section 3301(d) divorce decree on Defendant: May 5, 2008, by first class mail, postage prepaid as per the Affidavit of Service filed May 7, 2008. Plaintiff's Waiver of Notice was executed by Plaintiff May 5, 2008, and was filed with the Prothonotary May 7, 2008. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER By Sttda A. Clotfelter, Esquire rney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 (Telephone) (717) 796-1933 (Facsimile) r.a --- c;c .3..a :_.. _? ari IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. CARISA J. GARMAN PLAINTIFF VERSUS ROBERT BENJ. GARMAN DEFENDANT AND NOW, DECREED THAT No. 44-6533 DECREE IN DIVORCE 1V kV 1 Cansa J. Garman Robert Benj. Garman AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. * , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; * IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated November 18, 2004, shall be incorporated herein, but not merged, for the purposes of enforcement only. B7YT H E COURT: 0 J. ATTEST: 2448 IT IS ORDERED AND PROTH014grARY - V4",w oo,? Q $ L VOX,W