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Home My WebLink About05-4121 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY ANN LEAR, Plaintiff CIVIL ACTION--LAW CUSTODY/VISITATION vs. NO. Q5- ~/;;./ HAROLD LEROY WARNER, JR., Defendant COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, HOLLY ANN LEAR, by and through her attorney, Fiona K. Line, and files the following Complaint for Custody, and in support thereof avers as follows: 1. Plaintiff is Holly Ann Lear, an adult individual, who currently resides at 105 Hillside Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 since 2001. 2. Defendant is Harold Leroy Warner, Jr., an adult individual, who currently resides at 110 Shawnee Trail, York Haven, York County, Pennsylvania July 2003 3. Plaintiff seeks custody of the following child: Kyle Matthew Warner. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child, is that of Father. 6. The child, Kyle Matthew Warner, was born out of wedlock on September 3, 1998. 7. The child resides at 105 Hillside Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 and is presently in the custody of Plaintiff, Holly Ann Lear, since 1999. Previous to 1999, the child resided with Mother and Father from June 1998 through March 1999. Child has always resided with Mother and Father has resided with Mother and Child on and off through May 2001. 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. 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. Dated: ~h;; r ~~ FrONA KrMBERL LINE Attorney ID 65283 Attorney for Plaintiff 184 Virginia Ave. Carlisle, PA 17013 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY ANN LEAR, Plaintiff CIVIL ACTION--LAW CUSTODY/VISITATION vs. NO. HAROLD LEROY WARNER, JR., Defendant VERIFICATION I verify that the statements made in the foregoing Complaint For Custody are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authorized by counsel in her capacity as attorney for the party or parties hereto. 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. '~~rW Urn ~)O^- HOLLY A R ~ ~ s - ~ -+-. f:f? [1 ----. ,--. ,,--. '{; ----- q, ~."'" \\"1p "(,'0 ;:; '<) C) :~-~t ~~;; ;'; \?:J~ r'!! r<~ ::':~ u' ~ c;? if' :r.~ c- (i') - HOLLY ANN LEAR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4121 CIVIL ACTION LAW HAROLD LEROY WARNER, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 17, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4tb Floor, Cumberland County Courthouse, Carlisle on Friday, September 23, 2005 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: Isl Hubert X. Gilroy, Esq. Custody Conciliator ~ I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inforrnation 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 . ~ ~-JP ---- ~~,-,1 5'C>-/J('.,$ .~ ~ ~ ~ .Jt?h(,,',g ~ P ~ 'e:;'z,M,' ~ -N .5r?-M".J. V(;\~\-.Il\") 1 ~:~;,:i -~::4 r~ } 'l.lr"'~r' ,~~\\"., ::.":::"""i'" .,J.\"\,( [',,,1_' ' ~'")r/\;\.v 61 :5 \,!~ lJZ 5fW SilUl AtlV10iDHJC:id :JHl :l0 3::lU,!(}-(]311:l , RECEIVED OCT 052005 tIll\, ROLLY ANN LEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4121 CIVIL ACTION - LAW HAROLD LEROY WARNER, JR., Defendant IN CUSTODY COURT ORDER AND NOW, this I z' day of OJ7J~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly Ann Lear, and the Father, Harold Leroy Warner, Jr., shall enjoy shared legal custody of Kyle Matthew Warner, born September 3, 1998. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have periods of temporary physical custody of the minor child as follows: A. Every other weekend from Friday evening at 4:30 p,m. until Snnday evening at 5:00 p.m. B. One evening a week as arranged between the parties subject to Father's work schedule. C. At such other times as the parties agree. 4. The parties shall work between themselves with respect to sharing suitable arrangements for custody on the Christmas and Thanksgiving holidays. 5. On the Mother's Day weekend, Mother shall have custody from 4:30 p.m. on Friday until 5:00 p.m. on Sunday, and the Father shall have the same on Father's Day weekend. If the Mother's Day or Father's Day weekend is not a scheduled weekend for the Parent, then the following weekend will be switched, allowing both Parents to have two weekends in a row. 6. Both parties shall be entitled to two weeks of vacation with the minor child each year, which weeks shall not be consecutive. The parties shall give at least two weeks' notice of the selected vacation time. '\;"i~ t: [1 : lll:;') Zl , ",,~'oQ7 , "rlil' ~'......:'J J.'.. v 7. Father will cooperate with the minor child being involved in sporting events and other school events and extra curricular activities subject, however, to the understanding that if the minor child has a Saturday soccer game that Mother will deliver the child to Father on Saturday after the soccer game. 8. This Order is entered pursuant to an agreement reached by the parties at the Custody Conciliation Conference. If the parties desire to modify this Order and they agree, the parties may do so. Absent an agreement, if either party needs to modify this Order, they must me a petition with the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT Ad Judge Cc: ,yfu'na K. Line, Esquire ft. Harold Leroy Warner, Jr. {);o? \(S \ r-- HOLLY ANN LEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. : NO. 05-4121 CIVIL ACTION - LAW HAROLD LEROY WARNER, JR., Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Kyle Matthew Warner, born September 3,1998 2. A Conciliation Conference was held on September 23, 2005, with the following individuals in attendance: The Mother, Holly Ann Lear, with her counsel, Fiona K. Line, Esquire, and The Father, Harold Leroy Warner, Jr., who appeared without counsel 3. The parties agreed to an entry of an Order in the fonn as attached. Date: / tJ - 5- 0 S-- Hubert X. G' oy, Esquire Custody C nciliator