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HomeMy WebLinkAbout06-1112 F:\FILES\DATAFILE%Gen..I%Current112009. 1A Ivcus Created; 9/20100 0:06PM Revised: 2124/06 2:17PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- / / / a CIVIL ACTION - LAW IN DIVORCE 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, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or reliefrequested 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 the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- ///-- CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is AuraliaB. Garman, an adult individual currently residing at 1182 Green Spring Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Benjamin F. Garman an adult individual currently residing at 6 Catalpa Court, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth ofPennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 14, 2001, in Carlisle, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON DEARDORFF WILLIAMS & OTTO By r w W U, ? Thomas J. WiIf Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 24, 2006 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in thepreparationofthelawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmyknowledge, 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 l 8 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, whichprovides that ifImake knowinglyfalse averments, I may be subject to criminal penalties. C Aurailla Garman F-TI LES\DATAFI LEIGenunpCunvmq 122.217 . vc11 l`_J ff ? ? Rs v r= , 1 AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 111 J-- CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY Plaintiffis AuraliaB. Garman, an adult individual currently residing at 1182 Green Spring Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Benjamin F. Garman an adult individual currently residing at 6 Catalpa Court, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Anastasia Raelyn Garman, who was born on October 24, 1998, and Benjamin Jacob Garman, who was born on May 10, 2002. Anastasia was born out of wedlock, but Benjamin was not. Since the children's births, the children have resided with the following persons at the following addresses for the following periods of time: Name Location Dates Plaintiff 1182 Green Spring Road, Newville, PA 2/4/06 to present Parties 1182 Green Spring Road, Newville, PA 4/04 to 2/4/06 Parties 501 Windy Hill Road, #97, Shermansdale, PA/98 to 4/04 4. The relationship of the Plaintiffto the children is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Anastasia Raelyn Garman Daughter Benjamin Jacob Garman Son 5. The relationship of the Defendant to the child is that of father. He is married and living separately. The Defendant currently resides with the following: Name Relationshin Ben Garman Father Lauretta Garman Mother Anastasia Raelyn Garman Daughter Benjamin Jacob Garman Son 6. The parties have not participated in previous litigation concemingthecustodyofthechildren in this court or any court. The Plaintiff hasno information of a custody proceeding conceming the children pending in any other court. 8. The best interest and permanent welfare of the children will be served by granting custody to Plaintiffbecause: Plaintiffis best able to care, nurture and provide a stable and loving environment for her children. 9. Plaintiffdoes notknow of anyperson not aparlyto these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiffrequests your Honorable Court to set a time and place for a hearing at which Plaintiffrequests the Court to grant her the Custody Order. Pending said hearing, Plaintiffrequests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO By sNHA?+- Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff Date: February 24, 2006 VERIFICATION The foregoing Complaint in Custody is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that ofcounsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy 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 ifI make knowingly false averments, I may be subject to criminal penalties. 6aAuraii Garman FVPILESVDATAEILEIG,n,,a1ACL.,<td7122217. v 2 /'? ? t `? = 4? r ? N L. t ^_ ?" t fir` y ?.. v> ?-, ?. i AURALIA B. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN F. GARMAN DEFENDANT 06-1112 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 03, 2006 ,_, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, April 20, 2006 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: /s/ Hubert X. Gilroy, Est 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 42 ,2,,7 Z' "r -2o 1-1?r ?X2 I-C.?,- AURALIA B. GARMAN, Plaintiff VS. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 06-1112 CIVIL TERM IN CUSTODY ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NEW MATTER AND NOW, comes Benjamin F. Garman, by and through his attorney, Hannah Herman-Snyder, Esquire and the law firm of Griffie & Associates and in support of his Answer to Plaintiffs Complaint for Custody avers as follows: 1. Admitted in part and denied in part. It is admitted that the Plaintiff is Auralia B. Garman. It is admitted she is an adult individual. It is denied that she is currently residing at 1182 Green Spring Road, Newville, Cumberland County, Pennsylvania. It is averred that Plaintiff is not living at this address, although she does receive mail at this address. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff seeks custody of the children, Anastasia Raelyn Garman, who was born on October 24, 1998, and Benjamin Jacob Garman, who was born on May 10, 2002. It is admitted that Anastasia was born out of wedlock, but Benjamin was not. It is denied that the children have resided with Plaintiff at 1182 Green Spring Road, Newville, Pennsylvania, from February 4, 2006 to present. It is averred that the children r have resided with the following persons at the following addresses for the following periods of time: Name Address Dates Benjamin F. Garman 6 Catalpa Court Feb. 3, 2006 to Benjamin J. Garman Boiling Springs, PA Present Loretta Garman Auralia B. Garman Benjamin F. Garman Auralia B. Garman Benjamin F. Garman 1182 Green Spring Rd. Newville, PA 501 Windy Hill Road Lot 97 Shermansdale, PA April 2004 to Feb. 3, 2006 August 1998 to April 2004 4. Admitted in part and denied in part. It is admitted that the relationship of the Plaintiff to the children is that of Mother. It is admitted that Plaintiff is married and living separately. It is denied that Plaintiff currently resides with the children. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. 9. Admitted. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiffs request for temporary custody. COUNTERCLAIM 10. Paragraphs 1 through 9 are incorporated herein as if set forth in their full text. 11. It is in the best interest and permanent welfare of the children to grant the relief requested because: (a) Defendant has been and continues to be the primary custodian of the parties' children from the time of their birth through present; (b) Plaintiff has shown an inability to provide for the physical or emotional needs of the children; and (c) Plaintiff has demonstrated a lack of interest in the children through her limited contact and absence of affection. WHEREFORE, Defendant requests your Honorable Court to schedule a Custody Conciliation Conference, followed by a hearing, at which time he should be granted primary physical custody of the children. Respectfully submitted, '?A LV."1. ')A l;1mn a d? Hannah Herman-Snyder, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: S 1. 9? BENJAM F. GARMAN, Plaintiff ,. , ;, _- `,:.? ?. F:IFILES\DATAFILMGeneraOCuv ntk12009.1.cusAOS Created: 9120/04 0:06PM Revised: 2127106 9:12AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Hannah Herman-Snyder, Esquire, attorney for Defendant in the above-captioned action, hereby accept service of the Custody Complaint in the above action on 3-,. U4 on his behalf and certify that I am authorized to do so. Date: 3 - - .? GRIFFIE & ASSOCIATES By -cj ni^ °jImm?n 'A . . A I a Hannah Heiman-Snyder,, Esquire 200 North Hanover Street Carlisle, PA 17013 Attorneys for Defendant "? ?- ', F9FILES\DATAFILE\General%CurrentN 2009.1.Eivaos Created; 9/20104 0:06PM Revised; 2/27106 9:12AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D.17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Ai 7RALIA B. GARMAN, Plaintiff v. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Hannah Herman-Snyder, Esquire, attorney for Defendant in the above-captioned action, hereby accept service ofthe Divorce Complaint in the above action on 3 j 6 on his behalf and certify that I am authorized to do so. GRIFFIE & ASSOCIATES By?t.nh ?IL mr.n- ??iy111 Hannah Herman-Snyder, Esquire U 200 North Hanover Street Carlisle, PA 17013 Date: 3 U Attorneys for Defendant pA - AURALIA B. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BENJAMIN F. GARMAN, : NO. 2006-1112 Defendant : IN CUSTODY COURT ORDER AND NOW, this I day of 1?C?.•i..? , 2006, The Conciliator being advised the parties have reached an agreement, the Conciliation Conference scheduled for May 4, 2006 is cancelled and the Conciliator relinquishes jurisdiction. Gilroy, Esquire Custody Conciliator a -,, ?: ?; f ? ^ ?. ?? ? k ??. ,. G`T r i?.%, ?y :L 4J? ,,,5 AURALIA B. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006-1112 IN CUSTODY BENJAMIN F. GARMAN, Defendant CIVIL ACTION -LAW PETITION FOR CONTINUANCE AND NOW comes Petitioner, Hannah Herman-Snyder, Esquire, and petitions the court as follows: 1. Your Petitioner is Hannah Herman-Snyder, attorney of record for the above name Defendant, Benjamin F. Garman. 2. An Order was entered on January 2, 2007 scheduling a custody hearing in the above captioned matter for January 24, 2007 at 9:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse. 3. Petitioner is unavailable to attend the hearing on said scheduled date. 4. Petitioner contacted Thomas J. Williams, Esquire, attorney of record for Auralia B. Garman, who concurs in the request for a continuance. 5. Petitioner requests that the hearing be rescheduled for a time convenient for the Court and counsel for the parties and such that counsel have time to prepare the parties and witnesses for the custody hearing. WHEREFORE, Petitioner requests your Honorable Court continue the custody hearing scheduled for January 24, 2007 at 9:00 a.m. in Courtroom No. 3. Respectfully Submitted, Hannah Herman-Snyder, quire Attorney for Defendant Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I! VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 1 - - 01 a ti? ?? e n R -slm? JAIN HANNAH HERMAN-SNY ER, ESQUIRE AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-1112 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the $ }h day of January, 2007, cause a copy of Petitioner's Petition for Continuance to be served upon Plaintiff, by serving her attorney of record, Thomas J. Williams, Esquire, by first-class mail, postage prepaid at the following address: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 DATE: 1 - B - o '4 N. m k Ti, rv. 0J\- Hannah Herman-Snyder, Esq ire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 na Ux CO r- . c., . 17 DEC 2 9 2006 AURILIA B. GARMAN, Plaintiff v BENJAMIN F. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1112 : IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this day of January, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. `3 of the Cumberland County Courthouse o the #70 q, , 10" day of 2007, at •'?. m. At this hearing, the other, Auralia B. Garman, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court and each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary custody Order is entered: a. The Mother, Auralia B. Garman, and the Father, Benjamin F. Garman, shall enjoy shared legal custody of Anastasia Raelyn Garman, born October 24, 1998, and Benjamin Jacob Garman, born May 2, 2002. b. Physical custody of the minor children shall be handled consistent with the schedule the parties have worked under over the past six months. Judge Cc: mas J. Williams, Esquire oaonnah Herman-Snyder, Esquire 1 ?, , AURILIA B. GARMAN, Plaintiff v BENJAMIN F. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1112 CIVIL ACTION - LAW : 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 information pertaining to the children who are the subject of this litigation is as follows: Anastasia Raelyn Garman, born October 24,1998 Benjamin Jacob Garman, born May 2, 2002 2. The Conciliator conducted a telephone conference call conciliation with legal counsel for the parties on December 28, 2006. 3. The history of the case is that the parties had a prior in-person conciliation conference in April of 2006 at which time no formal Order was entered and the parties attempted to work out an arrangement between themselves. The parties have somewhat of an irregular work schedule that creates a situation where a typical custody Order may be a little bit problematic. Since April, the Mother feels that the arrangement the parties have been working under is not functioning properly for the children and the Mother is desiring a situation where she basically has primary physical custody. The Father is not in agreement and suggests that the existing custody arrangement continue. Mother is requesting a hearing, and a hearing should be scheduled in this case. 4. The Conciliator recommends an Order in the form as attached. Date: December 29, 2006 r? K Hubiyt X:'Gilroy, E4 Custody Conciliator • ?J JAN 0 S 2001 m AURALIA B. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006-1112 IN CUSTODY BENJAMIN F. GARMAN, Defendant CIVIL ACTION -LAW ORDER AND NOW, this day of , 2007, upon presentation and consideration of the within Petition, it is hereby ordered and directed that the hearing previously scheduled in this matter for Wednesday, January 24, 2007, at 9:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse is continued. The hearing is rescheduled for/""; , the / day of , 2007, at ["a) o'clock Lor .m. J. ,nV:NW. taN N»' Cl 00 0 Wd 6- € yr Looz I?t ? Ui av i_i.' J? 3,-U 3O rlj!Jl,0-a-9 l13 F:IFILES\DATAFIL E\Genera 11Current\12009\nrd er1 Created: 9120104 0:06PM Revised: 2127107 1:40 PM . "%. AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this _ day of '2007, it is hereby Ordered and Directed that the hearing previously scheduled for March 9, 2007, at 9:00 a.m., in Courtroom No. 3 of the 0_ • Cumberland County Courthouse is continued. The hearing is rescheduled for , the day of U , 2007, at A. M. THE COUR Edward E. Guido, J. cc: /homas J. Williams, Esquire, Attorney for Plaintiff jKinah Herman-Snyder, Esquire, Attorney for Defendant A t?m? ^."? l t r';t''1 <`'.?, +'.J7 ?' °' ? , C .?,? tax ,? ? ' ????`? ?®?Z ??._?. F:\FI LES\DATAFI LE\Genera1\Current\12009. Lconwai Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1112 CIVIL ACTION - LAW BENJAMIN F. GARMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 27, 2006. 2. The marriage ofPlaintiffand Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unswom falsification to authorities. Date: ?i ao7 `?? G??LW??oI?/Y\ Benjamin F. Garman, Defendant V--a 0 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND § 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 ofproperty, lawyer's fees or expenses if 1 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 waiver 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: Benjamin F. Garman, Defendant rv c? ?; . ....? ?,?, -?.. ?:? -rt c? ?.? ? _:. ,? _ • • K? ?-; .. •?"'wi w Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1112 CIVIL ACTION - LAW BENJAMIN F. GARMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 27, 2006. 2. The marriage ofPlaintiffand Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: 10L uralia B. Garman, Plaintiff r 4 rn ?J _ -TIM fli ?? c.0 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1112 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to un worn falsification to authorities. n Date: 1 l) (4 i 0K 1 )t tAAA4X?l(?.K??/(Lal, I Auralia B. Garman, Plaintiff r-a C TI J r" 2t .„ 7 Y r'4 REC??iIE APR `: `? ?.?t h/? A R-j` Wit' F:\FILES\DATAFILE\General\C urrent\12009\12009.1.pra1 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: First class mail, Attorney's Acceptance of Service on March 6, 2006, filed on March 10, 2006. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; April 6, 2007; by the Defendant April 5, 2007. 4. Related claims pending: All claims have been resolved. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Concurrently with this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 10, 2007. MARTSON LAW OFFICES By .,_ -1-4,&12 / r- Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 12, 2007 Attorneys for Plaintiff ? r.? r,?a r° zf:? -c7 . ?" . ?; .("' ?wr L_ ..,r•• ? ?.1'i ? _., "- .+''Y '?;} C.twi ..C L,t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P STATE O?F PENNA. AURALIA B. GARMAN Plaintiff VERSUS BENJAMIN F. GARMAN N o. 06-1112 Defendant DECREE IN DIVORCE ? IT IS ORDERED AND AND NOW, Avi-oot"I I? DECREED THAT AURALIIA B. GARMAN , P L A I N T I F F" , _ AND BENJAMIN F. GARMAN _ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; PROTHONOTARY 41, :- F:\FQ.ES\DATAFUX\General\Current\12009\12009.1.modonl Crated: 9/20/04 0:06PM Revised: 5/18/07 9:52AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BENJAMIN F. GARMAN, Defendant NO. 06-1112 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S MOTION TO CONTINUE AND NOW, comes Plaintiff, Auralia B. Garman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves the Court to continue the custody hearing currently scheduled for May 18, 2007 as follows: 1. The parties have almost reached an agreement with regard to the custody and expect to be entering into a Custody Stipulation. 2. Defendant's counsel, Hannah Herman Snyder, Esquire, concurs with this Motion. WHEREFORE, Plaintiff prays Your Honorable Court to continue generally the hearing scheduled for May 18, 2007, until such time that either party requests a hearing. MARTSON LAW OFFICES By IT ?? A IN,Q Q om-. Thomas J. W ams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2007 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Tnc D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 18, 2007 CD C-n r , J. AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ??da of May, 2007, upon consideration of Plaintiff's Motion to Y Continue, the hearing scheduled for Friday, May 18, 2007, is hereby continued generally. A hearing shall be scheduled pending request of either party. cc: X,.,Omas J. Williams, Esquire - Attorney for Plaintiff annah Herman Snyder, Esquire - Attorney forDpe?fe. o C ! :1 l 1 ?'V 4 ! 1' L 0 0 Z si F:\FII.ES\DATAFII.E\Genera[kCurrent\12009\12009.1.motion1 Created: 9/20/04 0:06PM Revised: 5/18/07 9:52AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S MOTION TO CONTINUE AND NOW, comes Plaintiff, Auralia B. Garman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves the Court to continue the custody hearing currently scheduled for May 18, 2007 as follows: 1. The parties have almost reached an agreement with regard to the custody and expect to be entering into a Custody Stipulation. 2. Defendant's counsel, Hannah Herman Snyder, Esquire, concurs with this Motion. WHEREFORE, Plaintiff prays Your Honorable Court to continue generally the hearing scheduled for May 18, 2007, until such time that either party requests a hearing. MARTSON LAW OFFICES By Thomas J. W ams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2007 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Tric' D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 18, 2007 CZ) c-n QD C • F.tP1LE5\Gentral?Cun entU ?uG9+I'GG9. L stipulationl i A AURALIA B. GARMAN, Plaintiff V. BENJAMIN F. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1112 CIVIL ACTION - LAW : IN CUSTODY ORDER FOR CUSTODY 1 x Ln-/ AND NOW, this 7? day o !2007, in accordance of the attached Stipulation, it is hereby ORDERED and DECREED as follows: 1. Children. This Order concerns the legal and physical custody of the parties' two minor children, Anastasia Raelyn Garman, born on October 24, 1998, and Benjamin Jacob Garman, born on May 10, 2002. 2. Legal Custody. Legal custody of the children shall be shared by the parties. The parties will consult each other with regard to the children's education and activities. Costs of activities to which the parties both agree shall be shared equally. 3. Physical Custody. It is the goal of this Order that the parties equally share time with the children, including holidays, birthdays and special occasions. Generally, the parties will alternate physical custody on a two week schedule. Both parties will use their best efforts to accommodate the schedule of the other party, and exhibit maximum flexibility regarding the same, consistent with the goal of an equal sharing of time. 4. Vacation. Each parry shall have the right to select 14 days, consecutive or non- consecutive, annually during the school summer recess to have physical custody of the children for the purpose of a vacation. The parties shall provide 30 days' notice of any days so selected to the other party. 5. Transportation. The parties shall share all transportation requirements regarding the children as equally as possible. 6. Contact. Each party shall enjoy free, private and uncensored telephone contact with the children while the children are in the custody of the other party. Any correspondence or greeting cards sent by a party to the children shall be promptly delivered to that child without A Edward E. Guido, J. VNVIVIASNN-la Co :9 wv? toot f MQN"Odd B?U AO AURALIA B. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1112 CIVIL ACTION - LAW BENJAMIN F. GARMAN, Defendant IN CUSTODY STIPULATION The parties hereto, and their attorneys of record hereby stipulate and agree that the above custody represents the best interests of the children at this time and requests the Court to enter it as an Order, both parties believing this represents the best interests of their children at this time. Auralia B. Garman, Plaintiff Benjamin . Garman, Defendant IL.-.u ? 11cyp"Kn6k N1bxMft&_ SINNIMJ?Y\ Thomas J. illiams, Esquire Hannah Herman-Snyder, Esq 6e Attorney for Plaintiff Attorney for Defendant MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MAX `PTSON WILLIAM F MARTSON GEORGE B. FALLER JR.* JOHN B. FOWLER III DAVID A. FITZSIMONS LAW OFFICES DANIEL K. DEARDORFF CHRISTOPHER E. RICE THOMAS J. WILI.IAMs* JENNIFER L. SPEARS IVO V Ono III SETH T. MOSEBEY 10 FAST HIGH STREET HUBERT X. GILROY CARLISLE, PENNSYLVANIA 17013 'BOARD CERTIFIED CIVIL TRIAL SPECIALIST TELEPHONE (717) 243-3341 FAcsIMILE (717) 243-1850 INTERNET www.martsonlaw.com July 26, 2007 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Auralia B. Garman v. Benjamin F. Garman No. 2006-1112 - Cumberland County C.C.P. Our File No. 12009.1 Dear Judge Guido: You may recall that we canceled a custody hearing twice in this matter as the parties were close to an agreement. Well, we finally reached an agreement and a Stipulation and proposed Order are enclosed. If this meets with your approval, would you kindly ask that a copy of the signed Order be sent to Ms. Herman-Snyder and myself. Very truly yours, MARTSON LAW OFFICES Thomas J. ?illiams TJW/tde Enclosure cc: Hannah Herman-Snyder, Esquire (w/enc.) F: TI LE S\ l 2009\ 12009.1. jg2 INFORMATION 9 ADVICE • ADVOCACY SM