Loading...
HomeMy WebLinkAbout01-3561 . DENNIS EUGENE GARMAN AND FAYE MARLENE GARMAN PLAINTIFF V. REA mER RENEE GARMAN AND LARRY ANDREW FREET DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3561 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 14,2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlillsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 21, 2001 at 8:30 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. 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq. \;')v\ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pP(~ ~ ___~ ~ r'FJ . pt-" ~ /r::- ~~ ~(lP~ ~~-r; \...':~, t'. "1 v d'!'?/' P:::j' 'I~ l:Jd ~ r \1::,"",,- :', \... ..: ~::. , .....~l ~; I '.) I 1... ...) I' , "'-.,....... qn ".+, -.' ',,' -. , ':""';'-'~:'=":';:\j JO ; l; : C' :! . j -' '....- ; '" ,-1 ! ?;' :~J r, . t" . hlii : L! Jt7/?/- /j /r/' -17 I tf I &J-b(- <? F:IFILESIDA T AFlLEIGendoc.curI95302-com.l/tde /Created 06/06/01 09:0112 AM Revised 06/06/01 1@:4134AM DENNIS EUGENE GARMAN and FAYE MARLENE GARMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-..] r~ I CIVIL ACTION - LAW HEATHER RENEE GARMAN and LARRY ANDREW FREET, Defendants IN CUSTODY ORDER OF COURT AND NOW, this _ day of ,_, upon consideration ofthe attached Complaint, it IS hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of ,_, at .m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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. FOR THE COURT, By: Custody Conciliator 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. 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 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DENNIS EUGENE GARMAN and F AYE MARLENE GARMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 31'(../ CIVIL ACTION - LAW HEATHER RENEE GARMAN and LARRY ANDREW FREET, Defendants IN CUSTODY PLAINTIFFS' COMPLAINT TO CONFIRM CUSTODY AND NOW, comes Plaintiffs, Dennis Eugene Garman and Faye Marlene Garman, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, pursuant to 23 Pa. C.S. 9 5313(b), and, in support thereof, avers as follows: 1. Plaintiffs are Dennis Eugene Garman and Faye Marlene Garman, adult individuals residing at 590 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiffs are the parents of Heather Renee Garman, born April 5, 1980, whose address is presently unknown. 3. Plaintiffs are the grandparents of Jesime Renee Freet, born September 5,2000, and who is presently residing with Plaintiffs at 590 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Larry Andrew Freet is the father of said child. Defendant is presently incarcerated at Mahoney Prison, BS7000, 301 Morea Road, Frackville, Pennsylvania 17932. Said Defendant has been incarcerated since August, 2000 on a parole revocation arising out of a conviction for burglary in the Court of Common Pleas of Franklin County. 5. Until approximately May 26,2001, Plaintiffs' daughter, Heather, and granddaughter, Jesime, resided with Plaintiffs. 6. On or about May 26, 2001, Heather left home and her whereabouts are presently unknown. Plaintiffs have not heard from Heather since she left home. 7. At about the same time Heather left the Plaintiffs' residence, she lost her job in Scotland, Franklin County, due to excessive absenteeism. 8. At the present time, neither Defendant is able to provide for Jesime and Plaintiffs are functioning in loco parentis. 9. It is believed that the best interest of Jesime would be to grant legal and physical custody to Plaintiffs until such time as Defendants are willing and able to assume normal parental responsibilities. WHEREFORE, Plaintiffs pray Your Honorable Court to issue a temporary Order awarding Plaintiffs legal and physical custody of Jesime Renee Freet. MARTSON DEARDORFF WILLIAMS & OTTO By iL~9 l~/t ...~ Thomas 1. vtl'fliams, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: ? / J/ cl VERIFICA nON The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. j}~~ Dennis Eugene Garman VERIFICA nON The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~ ~(ttrrJ(iN\ Faye Marlene Garman 0 0 CI C - "~i 'l z:: ~ \ (J ~ -oC.~ ~. --- ~ rn, :'^~ --p - ---:/- " B ~-~ " \ I'll /'.C.- co t=- ([~- ..-<-. 1.- t L. - )-7 (-'" ~(5 c.;:? :';; ~ Fe . ~ -;- - -::I:~ - U ",-.- - ~ :2 (J1 :2. 'fJ ~ -J ~ t- --J) '-, -------- F:\FlLES\DA T AFJ LE\Gendoc cur\95302-affser Created 06121/01081913 AM Revised 06/21/0108242) AM DENNIS EUGENE GARMAN and FAYE MARLENE GARMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3561 CIVIL ACTION - LAW HEA THER RENEE GARMAN and LARRY ANDREW FREET, Defendants IN CUSTODY AFFIDAVIT OF SERVICE I, Dennis Eugene Garman, being duly sworn according to law, depose and state that I personally handed a copy of the Complaint to Confirm Custody and Order of June 14, 2001 scheduling a Conciliation Conference to Heather Renee Garman, at 590 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania on June I~, 2001. g~~ Dennis Eugene Garman S,:o~to and subscribed before me thlSdl day of ~, ,~CDI . GSJP.M () ~!3j} .. Notary Public . NOTARIAL SEAL Tf~Clf 10. ECKENROAD, Notary Public M ~ IS e Bora., CU":Iberland County om Oct. 23, 2004 \--- ~ " rTl(-, -'?" -';' 06__, :?~ J..- (,'"J . -< J :::: C) ~ c:"") .,...- ".,.... :",) (.J '-,:) C...) F: \FILES\DA T AFILE\Gendoc,cur\95302~affser Ifre Created 0/),'21,..010819 1 ~ AM R!~vised: 06/25/0 I 09:35'] 7 AM DENNIS EUGENE GARMAN and FAYE MARLENE GARMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3561 CIVIL ACTION - LAW HEATHER RENEE GARMAN and LARRY ANDREW FREET, Defendants IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Order Scheduling Conciliation Conference and Custody Complaint was mailed to Defendant Larry Andrew Freet at Mahoney Prison, 301 Morea Road, Frackville, P A 17932 on June 18, 2001 by certified mail, return receipt requested. Attached is the Post Office return receipt signed "L. Ryan" and dated June 19, 2001. 'T~h/-(Jv-;Jt~ Thomas J. W' r ms, Esquire Sworn to and subscribed before me this Z,r"<1ay of June, 2001. NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Boro., Cumberland County M O~ '2004 ...D ~ .-=I ::r CJ .-=I rn l'- Postage $ Certified Fee l'- ru CJ CJ Return Receipt Fee (Endorsement Required) Restricted (Endorsement Total Postage & Fees $ i------~<< "'''~- CJ CJ ...D C :tf,iPientJs Name (PlAn Print Clearly) (to be completed by mailer) ~ m;~~fo~f~;;At1~::~tPr';~~~<3;;mA1;;;; ;' ~~;:zt~,j{~mm,Jlm/7i i;{mmmmm m :II a.. "' SENDER: COMPLETE THIS SECTION . 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 mailplece, or on the front if space permits. 1. Article Addressed to: .Mr. ~rj ,4, '~V~e.r Ib S 700() Mdtw>,,:.~ ~;S~ 3 () { #&r~,-, ~c..d. ~r~;a~ Pk /793~ I I &-!I ~ D. Is delivery aCldress different from item 1? If YES, enter delivery address below: o Agent o Addressee DYes o No 3. Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) L / / C7 i 7()Od 06()(J (J()0-1 73/0 T1 0 t7 PS Form 3811, July 1999 Domestic Return Receipt DYes 102595-00-M-0952 (") (~',::, c~ a -.::.., ~I -, '. . ) <:: L ,.., ~ --" . .) ~ --, - - w ~ ~ ~ fJUN 2 2 200ltf DENNIS EUGENE GARMAN, and: IN THE COURT OF COMMON PLEAS OF FAYE MARLENE GARMAN, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. HEATHER RENEE GARMAN and LARRY ANDREW FREET, Defendant NO.2001-3561 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z q ~ay of T \JJ} c. ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Grandparents, Dennis Eugene Garman and Faye Marlene Garman, shall have sole legal custody of the child and primary physical custody of the child with the parents having periods of visitation and partial physical custody as the grandparents and the respective parent agree. 2. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 6 / ~ \,J. cc: Thomas J. Williams, Esquire - Counsel for Grandparents .fuoY: Heather Renee Garman, pro se 1\ yP~) 'j 590 McClures Gap Road rG\( ()\ ~ Carlisle, P A 17013 /~'b' Larry Andrew Freet 19 jfJ i1hANO <J Prison BS 7000 301 Morea Road Frackville, P A 17932 I_,,~_, ( ..&> " JUN 2 2 2001 DENNIS EUGENE GARMAN and: IN THE COURT OF COMMON PLEAS OF FAYE MARLENE GARMAN, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. HEATHER RENEE GARMAN and LARRY ANDREW FREET, Defendants 2001-3561 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: None 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 CURRENTL Y IN CUSTODY OF Jasime Renee Freet September 5, 2000 Grandparents 2. A Conciliation Conference was held in this matter on June 21, 2001. Grandparents, Dennis Eugene Garman and Faye Marlene Garman, were present with counsel, Thomas J. Williams, Esquire. Although served, neither parent appeared at the Conciliation Conference. Father is incarcerated at Mahoney Prison. Mother, although living at the home of her parents, Plaintiffs herein, leaves the residence from time to time without indicating her location or length of stay, in effect abandons the child. 3. attached. The parties present at the Conference agreed to an Order in the form & cA /-0 I Date F \FILES\DA T AFILE\Gendoc,cur\ I 0346-cllS.cer Cre~ted 05115/0]"0203]3 PM Revised: 06/27/0] 05:33:38 PM PAUL D. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3641 CIVIL ACTION - LAW KELL Y MYERS, Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Custody was mailed to Defendant Kelly Myers at 617 Whiskey Springs Road, Boiling Springs, PA 17007 on June 21, 2001 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Kelly Myers" and dated June 23, 2001. ~ Thomas 1. Wil a Sworn to and st.tb~ribed before me this Lg' 'day of June, 2001. -'-<1/1. " ~' ( . No;ary Public NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Bora., Cumberland County My COI'!!!!J!~n~~r~~. Oct. 23, 2004 0- I"- r'l :;;:r- CI r'l ('Tl I"- I Postage I $ Certified Fee r I"- ru CI CI CI CI JI CI CI Cl CI I"- .s..:; ;,qc " 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, X or on the front if space permits. 1. Article Addressed to: \Y\O,\\~l~rylJf>>~ h 1 u \l WY\WV~' ~ {lA;.n(p U 60"\irtC\'~ W':f\ "~. Rk.... i I 7 ,j . " )700 2. Article Number (CO~ from se{!ljlBbeQ 7000 0 fD 27 PS Form 3811, July 1999 3. Service Type !;;YCertilied Mail o Registered o Insured Mail o Express Mail o Return Receipt lor Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) :oi6'Yes 73/0 L//)tj' Domestic Return Receipt 102595-99-M-1789 o c ~ 'Z ("" N co ? VI VI >- ) -. f-:); ~_ I --' ~ (.