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HomeMy WebLinkAbout97-01580 I \ , , , . , , I , i ( ; '( " ~ ! 1 i '1 ') \l I " t1 j I \ , K'/ """" /" . , , :-: i ~ ~I \)..' C'LEn,., CF T,;~ v-vFFlCE .': ~r-~Tl{ry mA!1Y 97 APP..2 PI/ 2: .17 CLI'i-, ' J t...I.... ~, 1. ,I;, ' 'I'" P;:A ','\"\1."'\1 ,',1..(. ',J I ...,'/ J I.~H , , I I I j ~07~? &d,~~~~ + ~c).tf'7 :n'4 k~ ~ Ild If) tt9f2jt M~ ~ ~ . . " ,~~ -',.)\ v. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- IS8(J CIVIL TERM CIVIL ACfION - LAW CARRIE A. CARR, Plaintiff RANDALL BREAM, Defendant IN CUSTODY ORDER OF COURT .~Ir . \ AND NOW, this ~ day of Apr\ , 1997, upon consideralion of the allached Petition, it is hereby directed that the parties and their respective counsel appear before DCI WIl ,S, \)\ )(\ de,",-.! ,Esquire, Cuslody Conciliator, on I of , 1997, at o'clock _.M., for a Pre-Hearing Cnstody Conference. At such conference, an effort will be made to resolve the issues in dispnte; 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 10 appear at the conference lIlay provide grounds for enlry of a temporary or pennanent order. FOR THE COURT, By: , Esquire Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH rLOOR CARLlSLE,PA 17013 (717) 240-6200 CARRIE A. CARR, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- I !'.l l' CIVIL TERM CIVIL ACTION - LA W v. RANDALL BREAM, Defendant IN CUSTODY PETITION FOR CUSTOOY COMES NOW, Plaintiff, Currie A. Curr, by and lhrough her ullomey, Jumes J. Kuyer, Esquire aud avers us follows: I. Plaintiff is Currie A. Curr, un udult individual, residing ul Lol 5, Box 25, Evundule Court, Cmlisle, Cumberlund Coullly, Peunsylvunia 17013, 2. Defendant is Randull Bream, un mlult individuul, whose current uddress is 80 E. Muin Street, Apt 2, Newville, Cumberlund Couuty,Pennsylvunia, 17241. 3. Pluinliff seeks custody of the following childreu: Nume Preselll Residence Age Shune Douglas Breum, bom December 7, 1994; Lot 5, Box 25, Evmulule Court, Curlisle, Pu. The child wus not bom in wedlock. TIle child is presently in the custody of mother, Currie A. Curr, who resides at Lot 5, Box 25, Evandale Court, Curlisle,Pennsylvunia 17013. During the past five yeurs, the child has resided wilh the followinl; person(s) ut the below mldress(es): From Birth to June 1995: Wilh mother, Currie A. Curr, Linda Curr - Muternal Grandmother, Douglas Curr, Sr., -Matemal Grandfather, Margaret Worthinglon - Matemal Great-Gmndmother, Jackie Curr _ Aunt, Sissy Curr - Aunt, Dougl,'s Curr, Jr., - Uncle, Tanyu Carr - Aunt, Scoll Carr - Uncle, at Rd2 Box 100-53 Subdivision Road, Newville, PA 17241. ,.,..... From June 1995 to Jnne 1996: with mother, Currie A. Carr, Linda Carr - Maternal Grandmother, Douglas Carr, Sr., -Maternal Grandfather, Margarcl Worthington - Maternal Great-Grandmother, Jackk Carr - Aunt, Sissy Carr - Aunt, Douglas Carr, Jr., - Uncle, Tanya Carr - Auut, Scoll Carr - Uncle, at 12 Clouse Road, Newville, PA, 17241. From June 1996 to Present: With Mother Carrie A. Carr and John Barrett - mother's Hance at Lot 5, Box 25, Evmlllale Court, Carlisle, PA, 17013. 4. The mother of the child is ClIfrie A. Carr currently residing at Lot 5 Box 25, Evandale Court, Carlisle, Pennsylvania 17013. She is single. 5. TIle falher of the child is Randall Bream, currently residing at 80 E. Main Street, Apt 2, Newville, Pennsylvania 17241. He is single. 6. The relationship of Plaintiff to the child is that of mother. TIle Plaintiff currently resides with the child aud the following person(s): Name John Barrett Relationship Fiance 7. The relationship of the Defendant to Ihe child is that of father. TIle Defendant currently resides with the following person(s): Name Relationship 8, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the child in this or another court. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. Plainliff 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. '111~ best inl~r~sts allll p~nnan~nl wl'lfar~ of th~ child will b~ s~rv~d by granting th~ Plainliff , , , primary physical custody of th~ child du~ lolhl' fact thai sh~ has, throughout th~ child's Iif~tim~, had th~ primary r~spunsibility lilr caring fur th~ child. Additionally, Plaintiff is quit~ conc~rn~d r~garding Ih~ ()~fcllllant's ability tOllll~quatl'ly car~ fur thl' child as Ih~r~ have b~~n signs of n~gl~ct in th~ past wh~u Ih~ ()~f~ndant has had actual physical custody of th~ child. Th~ most Clllluuons signs of ncgl~ct hav~ b~~n wilh r~gard to th~ f~~ding of the child. [)ef~ndant appar~ntly has little or no knowledge of appr~cialion regarding the nntritional lIe~ds of the small child and has beell kllowlI to serve him junk food despite th~ strenuous obj~ctions of the Pluinliff. 10. r:.itch pareut whose parental rights to the child has not beell tenninated and the persoll who has physical custody of the child have be~nllamed as parties to this actioll. All other persolls, names below, who are known to Imve or claim a right to custody or visitation of the child will be given notice of Ihe p~nd~ncy of this action and th~ right to interv~nc: Namc Addrcss Basis of Claim Nonc WHEREFORE, Plaintiff rcqncsts thc conrt to grant custody of Ihe child to Plaintiff. " I , Jail s J. K' Ar mey Cl , VERIFICATION OF PLEADINGS The foregoing document is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon infonnation which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the ., contents of the statements are that of counsel, I have relied upon counsel in making this Verification. 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. 'It: , I.~ ilrj I Date: 3 -,2 oS ,1997 (!-tt n. rrJ (l &'h :rr~ CARRIE A. CARR, IN THE COURT OF rotMOO PLEAS OF Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . vs. NO. 97-1580 CIVIL TERM : RANDALL BREAM, Defendant : IN CUSTODY aIDER DE' CXXlRT ~ AND fD, this ~'81\1 day of consideration of the attached Custody Conc t on Report, and directed as follows: , 1997, upon it is ordered 1. A Hearing is scheduled in Court Room NO.:) , of the CUmberland County Court House, on the ~!J rui day of -C.( AU.o , 1997, at q:~D o'clock, ~.m., at which time testimon~ ~n this case will be taken. At the Hearing, the Mother, Carrie A. Carr, shall be deemed to 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 each party's position on custody, a list of witnesses who will be called to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of this Court, the parties agree that Shane Douglas Bream, born December 7, 1994, shall continue to reside with Douglas Carr, the maternal grandfather and Linda Carr, the maternal step-grandmother. The Mother and the Father shall have periods of partial custody with the Child as arranged by agreement with the custodial grandparents. BY THE CXXlRT, J. cc: James J. Kayer, Esquire - Counsel for Mother Randall Bream, Father ~~sJ:l./I}', ~~. ~ CARRIE A. CARR, IN THE OOURT OF rolMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA Plaintiff vs. NO. 97-1580 CIVIL TERM RANDALL BREAM, Defendant IN CUSTODY CUS'lmY CXH:ILIATIOO SltIIARY RElUlT IN l\aXllDI\NCE wrm aI'IBmLAND <XUflY RIJLB OF CIVIL PK- 'J<IllRB 1915.3-8, the undereigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: twlB DATE DE' BIRTII <lllIlml'Ly IN CRl'lOOY OF Shane Douglas Bream December 7, 1994 Douglas and Linda Carr, Maternal grandfather and step-grandmother 2. A Conciliation Conference was held on April 24, 1997 with the following individuals in attendance: The Mother, Cat-rie A. Carr, with her counsel, James J. Kayer, Esquire, and the Father, Randall Bream, who appeared at the Conference without counsel. 3. Due to the involvement of Children and Youth Services in this matter, the Child is currently residing with his maternal grandfather and step-grandmother. According to Mother's counsel, it is anticipated that Children and Youth will approve return of the Child to the parents care in June 1997. Both parties seek primary physical custody of the Child and their dispute on this issue was not resolved at the Conciliation Conference. The parties were able to agree that the Child should continue to reside with the maternal grandfather and step-grandmother until the custody issues have been resolved by the Court. 4. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interest to reside primarily with her and and her fiance'. According to the Mother, her fiance' has cOlTplied with the recommendation of Children and Youth Services that he obtain counseling in connection with an incident of physical violence between the fiance' and the two year old Child. The Mother indicated that she is also complying with recommendations that she attend parenting classes which are to begin within the next week. The Mother alleged that the Father neglects the Child when he is in the Father's custody by not providing an appropriate and nutritional diet for the Child. The Mother requested that the Father have supervised visitation until he has completed the course of parenting classes recommended by Children and Youth Services. 5. The Father's position on custody is as follows: The Father believes that it would be in the Child's best interest to reside primarily CARRIE A. CARR, Pluintiff IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1580 CIVIL TERM CIVIL ACTION - LA W RANDALL BREAM, Defendunt IN CUSTODY PLAINTIFF'S PRE-TRIAL MEMORANDUM I. "'ACTS AND POSITION This uction wus initiuted by the mother, Currie A. Curr, on Murch 27, 1997, by Petition for Custody. At issue is one child, Shune Douglus Breum, d.lle of binh, December 7, 1994, Child hus resided primarily with the mother in the pust. Futher hus genemlly hud libeml visitution with the child. Allegutions of ubuse und neglect huve surfuced involving the households of both mother und futher, cuusing Childrenund Youth Services to investigute this cuse. TIle child hus been pluced with his maternul gmndfather und step-gmndmother since Children und Youth Services' involvement. At the conciliation conference, both panics ugreed that they would each pursue primury physicul custody of the child and that pending the coun's heuring that the child should reside with the maternal grandfather and step-grandmother. TIle mother hus, since the conciliation, moved in with her father and step,mother, (and the child), since she has broken lip with her live-in boyfriend, John Burrell. Mother believes this change in her living circumstunces is significant as the allegations of neglect and abuse in her household were directed nguinst Mr. Burrell uhnost exclnsively. Now that Mr. Barrett is no longer a pun of the mother's life and therefore the child's life, many of the ulleged concerns regarding abuse and neglect huve disuppeared as well. Mother buses her petition upon her belief thut the child's best interests ure served by living primarily with her und she intends to preselll evidence thut will demonstmte the fathers reckless disregard regarding the child's welfllre. Mother is aWllre of at least one incident in which the Newville Police had to be called in order wlocate the child who had wllndered off while in the father's cnstody. Given the tender amI young lIge of the child, this reckless disreganl for his welfare is particularly egregions. Additionally, mother is concerned regarding the father's lack of appreciation for proper nutrition for the child amlu general 11Ick of sauitary conditions iu the father's residence. She believes tlmt fllther should be provided with reasonable and liberal visitation with the child, however, primary custody should remllin with the mother. II. WITNESSES Carrie Carr _ Mother - Ms. Carr will testify liS to her relationship with the child and her observed coucems regardiug the father. Doug Carr - Matemal Grundfllther - Mr. Carr will testify as to his close relationship with the child, his observations of the child while in his Cllre, and his observations of the iuteraction between mother aud child lIud father and child. Linda Carr _ Matenml Step-grandmother - Mrs. Carr will testify as to her close relationship with the child, her observations of the child while in her care, and her observations of the interaction between mother and child and father and child. Darren Carr _ Matemal Uncle - Mr. Carr will testify with regard to incidents that he has observed between father and son. Candy Carr - Wife of Matenml Uncle - Mrs. Carr's testimony will be cumulative to those incidents that will be testified about by Darren Carr. Kim Showaker - Children and Youth Services - Ms. Showaker will testify with regard to her interviews with each party, her observations of inteructions between each party and child, amI her recommendations with regard to the child's placement. Ms. Showaker willulso testify to the concerns that John Harrett's presencc in thc mother's homc ercilled i1nd how lhosc conCCnlS i1rc i1lleviilted now thill Mr. Bilrrett no longer is iI flxlnre of thc mol her's home. Officer Pickney - Ncwville Township Policc - Orticer Pickncy willlcstify wilh rcgard to an incidenl which occurred on or i1bout Milrch I, 1997 in which hc hild to inlcrvcnc i1nd pick np thc child and retUnl the child 10 the hOllle of the filthcr, undcr whosc care thc child hild bcen at the timc that hc disappeilred. Rcspectfully submitted, KA YER & BROWN Datc: June 9, 1997 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-1580 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CARRIE A. CARR, Plaintiff RANDALL BREAM, Defendant PETITION TO JOIN THE ACTION AS A PARTY 1. Petitioners are Douglas and Linda Carr, the grandfather and step- grandmother of Shane Douglas Bream, born December 7, 1994. 2, The Petitioners are presently not a party to the above-captioned action, however, believe that it is in the best interest and welfare of Shane Douglas Bream that they participate as parties, They are requesting that the Court award primary custody of Shane Douglas Bream to them for the following reasons: a. With the exception of June, 1996 through November, 1996, Shane has resided in their household. b, While the natural mother has resided in their home for much of that time the actual upbringing, parenting and the obligations and responsibilities associated with caring for Shane have been borne by your Petitioners. c. The natural mother, Carrie A. Carr, has moved out the Petitioners home as of July 8,1997. Petitioners believe that neither she nor the father, Randall Bream have the requisite capabilities of providing the nurturing guidance necessary to raising a small child. 3. Your Petitioners are the primary custodians of Shane pursuant to a Court Order after an investigation by Children and Youth Services. ~ CARRIE A. CARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1580 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. RANDALL BREAM, Defendant ,1997, upon review of the attached Petition, the Court grants the req t of the Petitioners and orders and directs that they are parties in the above-captioned action. BY THE COURT, J. it1~ )-,,..... ,,[ l t i. Fi' /'1." c.:~ .!!.:...,~ ./ .1 -. ," ......:: 97 M."~ _ c t. '.' ~. L" ~ ,,' ".. (' '\' "_1. , . r '_ ,,'. I.' " /""" {lffln.., (J'IINIEN,IIANIL' & S('/lENEN 17/1"',,/,\<1/1/"""""'/ ("lIdi,f/,'. l'l'IIIuyh'tmicl J 70lJ S/''''/I J, /',,"mall 01Ca.II3.1 /10",,11.. O'/Jrl", IJr1I'id tl, /Jaric Mid"," A, Se",,.,, (717) U9-6873 I'il.r (717) 249-5755 i February 10, 1998 Honorable Judge Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 0, Re: CARR v. BREAM No. 97-1580 Civil Action - aw In Custody / / Dear Judge Hoffer: On August 7, 1997, a hearing was held in regard to e custody for Shane Douglas Bream. My clients are the maternal grandfather and step-grandmother of the child. They had been raising him, in their home, for a number of months prior to the custody hearing. At the close of the hearing, you determined that the child should remain with my clients and suggested that we work together to achieve a visitation arrangement with each parent. Subsequent to that time, the mother has come and gone from my clients' home; although at the present time, is living there. The father's mother, Margaret Gipe, has had temporary custody on a regular weekly basis, at which time the father is free to visit with the child. My clients report that the father occasionally stops by to spend time with his son. Il' \ .- \,0., Presently, my clients are quite willing to keep Shane in their custody and wish to enroll him in a Head Start Program. In order to do so, it is necessary they have proof of custody of the child. Accordingly, I have enclosed a proposed Order and would request that the same be entered. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/rm Enc. cc: James J. Kayer, Esq. ROOJDOMESTICIHOFFER LET f"'l. rr (>.:: ~~~ r': . ..~, -'.' ,-, ' ' I ' . ~ I r'~' F~: -, 1'1. I) I' In .J...! i f. J I II .1: .,i 1.,1.1 , .. '- .. r .,.... C .0 n c -.I -n -oj ,... ., ~f. -U "ii;U :;u <. . <. .",nl lry'," "6 " . .) f-\... "1.1 .I.,! ;ec :-J; . '):t t;=(' ,.~ ,.~; ~ ~)I ...1 . (.ol .... ~ 'j) (1' '< DOUGLAS CARR and LINDA CARR, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 97-1580 CIVIL TERM CARRIE GOLDEN (Previously Carr), Defendant IN CUSTODY ~RDER OF C~URT AND NOW, this ~ day of 2002, upon presentation and consideration of the attached stipulation and agr ment of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, J. ~ CIf-d' ~ff' 1..P'f '/. II. C J.. ':;~ ~':;\'\'.~" -:; '.'?,,:! 'J~"~'" .. ','f'''' 1\ l.t ",' , .d "", .0 tH", 00 I",' it' II '_.f,,:. ".) " . J'f"" . \.. I.~", ; ~ _, "'1" " DOllGLAS CAlm und L.INDA CARR. l'lulnllffs : IN TilE COl'RT OF COMMON PLEAS OF : Cl'i\18ERL\:';D COUNTY, PENNSYL\'ANL\ v, CI\'IL ACTION - LAW No, 97-15110 CIVIL TERM CARRIE GOLDEN (Previously Carr), Defendant IN ClISTODY STIPULATION AND AGREEMENT TillS STIPULATION AND AGREEi\IENT entered into this _ day of March, 2002, by and between Douglas Carr and Linda Carr (hereinalier reterred to as "Grandparents"), and Carrie Golden (hereinatier relerred to as "Mother"). WHEREAS, Mother is the natural parents of Shane Douglas Bream. born December 7, 1994; and WHEREAS, on February 23, 1998, a Court Order was entered granting the Grandparents primary custody of Shane Douglas Bream with times of visitation to Mother as agreed upon; and WHEREAS, the natural father, Randy Bream, has not seen the minor child for approximately eight (8) months and has traveled overseas with the military; and WHEREAS, Grandparents and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the minor child; and WHEREAS. Grandparents and Mother desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effect the same. 6. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parties may and arc encouraged to attend school conferences and activities. 8. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 9. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 10, The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party, II. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: ~''''''r1;I' <:lJ....l'ciC',/1 CARRIE GOLDEN (') C> n G 1'-> .., < ". , -OCr" 0" ......., Q)I.:', ;0 :h~ ~i' I :!.:." (,..l '.' ;tl [~r-, ....' ". .. ~C.l 0"' t ..- .I') !.;C::! r:t ..::rt, U "" C. '. ~ :..J ":. .0 , .- :< RANNDALL E. DREAM PLAINTIFF IN TilE COURT OF COMMON PLEAS OF CUMIlEIU.AND COUNTY, PENNSYLVANIA V. 97-1580 CIVIL ACTION LAW CARRIE A. GOLDEN, DOUGLAS CARR AND LINDA CARR DEFENDANT IN CUSTODY OIUlE\{ OF COllIn AND NOW, Friday, October 03,2003 , upon considcration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator, at 39 West Main Slrect, Mechanlcsburg, I' A t 7055 on Thursday, October 30, 2003 ut 8:30 AM for a Pre, Hearing Custody Conference. At such confcrence, an eflort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to he heard hy the court, and to enter into a temporary order. All children a~e 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 pcrmanent ordcr. The court hereby directs the parties to furnish any and all exist In!: Protection from Abuse orders, Special Relief orders, and Custody orders to Ihe eonelllalor 48 hours prior to scheduled hearln!:, FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator v TIle Court of Common Pleas of Cumberland County is required by law 10 comply with the Americans with Disabilites Acl of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having husiness 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 SIIOULD TAKE TI1IS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VE AN A TIORNEY 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 BedCord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :';" c,~ 7'"' ','-", : :~'. ,;....":-. . ,""". '.If 031]r.r~J' PI' ... I I oj: ~'".l . .. CUI.".. . , .:: ~ ':_ I . ~ '.,' _ ' '., ""Cl\/,':i"n', /_ '; '-j.'",1, I; h.J/I..\,",I\'.;.1 ,.t/3-()36d, 0/JJj ,A<4"A/ ~ dtf #-I~ /I1'3'b,] '7li~ IM4Y it ~/;( "I- ~ /0"'0) /1 . A ",-:g ,/ J - . l~t IUUZI.r $ ~ <..JPtAV'~ ucr 0 1 2003~ (7 IN TIlE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANNDALL E. BREAM, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY CARRIE A. GOLDEN, DOUGLAS CARR, : and LINDA CARR, Dcfendants NO. 97-1580 ORDER OF COURT AND NOW, this day of . 2003, upon consideration of the attached Complaint, it is hcrcby dirccted that the partics and thcir respcctive counsel shall appear before , the Conciliator, at on the day of .2003 at om., for a Pre-Hearing Custody Confcrence. At such conferencc, an effort will be madc to rcsolvc thc issucs in disputc; or if this cannot be accomplished, to definc and narrow thc iss\lcs to be hcard by the Court, and to enter into a Temporary Order. All childrcn agc five oroldcr shall/may also be present at the Confercnce. Failure to appear at the Conference may providc grounds for cntry of a temporary or permanent Ordcr. FOR THE COURT, . t I I , I By: Custody Conciliator The Court of Common Pleas ofCumbcrland County is rcquired by law to comply with the Amcricans with Disabilities Act of 1990. For information about acccssible facilities and rcasonable accommodations available to disabled individuals having busincss bcfore the court, please contact our officc. All arrangements must be made at Icast 72 hours prior to any hcaring or business before the court. You must attend the schcduled confercncc or hcaring. 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. Cumbcrland County Bar Association 32 South Bedford Strect Carlisle, Pcnnsylvania 17013 (717) 249,3166 NOTICIA Le han demallllado a ustcd en la corte. Si ustcd quicrc dcfcndcrsc dc eslas demundas cxpuestas cn las paginas siguientes, ustcd ticne vicnte (20) dias de plazo al partir de la fecha de la dcmanda y la noti ficacion. Ustcd debc prcscntar una aparicncia escrila 0 cn pcrsona 0 por abogado y archivar en la cortc en fomla escrita sus dcfcnsas 0 sus objccioncs alas dcmandas en contra de su pcrsona. Sca avisado que si ustcd no sc defiendc, la cortc tomara mcdidas y puede cntrar una ordcn contra us led sin previo aviso 0 110tificacion y porcualguicr queja 0 alivio quc es pcdido en la pcticion de demanda. Ustcd pucdc pcrdcrdineTO 0 sus propiendades 0 otros dercchos importantcs para usted. "' i , LLEVE EST A DEMANDAA UN ABOGADO IMMEDlA T AMENTE. 81 NO T1ENE ABOGADO 081 NOTlENE ELDlNERO SOFICIENTE DE PAGAR T ALSERVICO, VA Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION 8E ENCUENTRA E8CRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumbcrland Counly Bar Association 32 South Bedford Strect Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P.C. """IJ~mft, t:fPf Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorncys for Plaintiff - IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANNDALL E. BREAM, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY CARRIE A. GOLDEN, DOUGLAS CARR, : and LINDA CARR, Defendants NO. 97-1580 COMPLAINT FOR PRIMARY CUSTODY AND NOW, this ~day ofSeptcmbcr, 2003 comes Plaintiff, Ranndall E. Bream, by and through his attorncys, Hanfi & Knight, PoCo, and tiles the following Complaint for Primary Custody in support thcrcof avcrs as follows: I. The Plaintiff is Ranndall E. Brcam, an adult individual rcsiding at 4990 Juno Road, Little Creek, Virginia. 2. Defcndant Carric A. Goldcn is an adult individual rcsiding at 9 Buffalo Drive, Lot /I 120, Shippcnsburg, Pennsylvania. 3. Defcndants Douglas Carr and Linda Carr, husband and wifc, are adult individuals rcsiding at 12 Clousc Road, Newvillc, Cumbcrland County, Pcnnsylvania. Defcndants Douglas Carr and Linda Carr arc thc partics to whom the Court previously grantcd custody. 3. Thc Plaintiffsccks primary custody and visitation of the following child: Name Prcsent Rcsidcncc Agc D/O/B Shane Douglas Brcam 9 Buffalo Drive, Lot 11120 9 Shippcnsburg, PA 17257 12/7/94 Thc child was born out ofwcdlock. The child is prescntly in thc custody of Dcfcndant, Carric A Golden. In addition to the child's prcsent address, during thcpastlivc years, thc child has rcsided with thc following persons at the following addrcsscs: a. From 1995 to April, 2002 with Dcfendants Douglas and Linda Carr at 12 Clouse Road, Ncwvillc, Pcnnsylvania. The mother of the child is thc Dcfendant who rcsides at 9 Buffalo Drive, Lot 11120, Shippensburg, Pcnnsylvania. Thc fathcrofthc child is the Plaintiffwho rcsidcs at 4990 Juno Road, Littlc Creek, Virginia. 5. The relationship of Plaintiff to thc child is that of fathcr. The Plaintiff currcntly resides with his wife, Amy C. Bream, and thcir childrcn, Roman J. Bream and Autumn MoL. Brcam. 6. The relationship of Defendant Carrie A. Goldcn to thc child is that of mother. Defendant Carrie A. Goldcn currcntly residcs with hcr husband, Wayne Golden, their two sons and the minor child. The rclationship ofDcfcndants Douglas Carr and Linda Carr to the child is that or mate mal grandparents. Dcfcndants, Douglas Carr and Linda Carr currently residc with their childrcn, Jackic Carr, Sissy Carr, Tanya Carr, Dougic Carr, Scottic Carr, Sissy's boyfriend, Dougie's girlfriend and their child and Linda Carr's mothcr, Margarct. 7. Plaintiff has participatcd as a party in othcr litigation concerning the custody of the child in this court. Defendants' Douglas Carr and Linda Carr liIed a Complaint for Custody of said child against Plaintiffin the Court of Common Pleas of Cumberland County, Pennsylvania at docket numbcr 97-1580. The Plaintiffhas no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiff does not know of a pcrson not a party to the proceedings who has physical custody of the ehild or claims to have custody or visitation rights with respect to the child. . '~ I VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification 10 authorities. Ie r-', , \I.'Mt 'olda"itm OOU'10fT111'lili,lljonWrri<<UIIOIl,tllCriC , Ii I ~0 ~ ~ ~ (,J (.1\ \ CJ -t ~ 2 c:: , l l"O ;'11 ;:: 'n I illq1, r'1 - I "J . ... \ \ ~ , '. -!;r" :..) " .n J' ,:.;. .:1.. ~>. -':-,' r'l .....1 ' .~ ,"", ..- :\'"; ~"" : J~n . :J- ( ~ '. , 7'~~ 'p. ~ :..t1 IJ\ '.... - ...c ~ .... ~ \ , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANNDALL E. BREAM, Plaintiff v. CIVIL ACTION. LAW IN CUSTODY CARRIE A. GOLDEN, DOUGLAS CARR, : and LINDA CARR, Defendants NO. 97,1580 CERTIFICATE OF SERVICE AND NOW, this 'U~f'dayofOctobcr, 2003,1, Michael J. Hanft, Esquire, herebyccrtify that the following pcrsons wcre scrvcd with a True and Correct copy ofthc Complaint in Custody tiled in thc above.refercnccd matter and the Ordcr of Court dated Octobcr 3,2003, scheduling a Custody Conciliation for Thursday, Octobcr 30,2003, nt 8:30 a.m. The Complaints were mailed on October 15,2003, but actual servicc on Carrie Goldcn took place on October 18,2003 and on Douglas Carr and Linda Cnrr on Octobcr 17,2003, by Defcndnnts signing for a copy of the Complaint in Custody which was mailed in the Unitcd Statcs Mail, Ccrtificd Mail..Retum Rcccipt Rcquestcd, Restricted Delivery, Postage Prcpaid, addresscd as follows: Carrie A. Goloen 9 Buffalo Drive, Lot 120 Shippcnsburg, Pcnnsylvania 17257 Douglas Carr 12 Clousc Road Newville, Pcnnsylvania 17241 Linda Carr 12 Clousc Road Newville, Pennsylvania 17241 I r Copies ofthc signcd DOlllcstic Retum Reccipls are allachcd hcrclo as Exhibit "A" and by refcrencc incorporatcd hcrcin and made II part hcrcof. Rcspcctfully submittcd, HANFT & KNIGHT, P.C. Mk~Pf+ Allorney ID No. 57976 19 Brookwood Avcnuc, Suitc 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 ~ f IUl(l' flllJerllirfll 00c.',GmJou10011J16S.ltnt leT.'JIII Allomeys for Plaintiff h I I I I 'C Ii~NDER, OOMPLETE ,THIS SECT/ON-',",:: , ,~'_'E . Campl't'ltlms 1, 2. and 3. Also complete It om 4 II R..lricled Oellv.ry '" d,"lred, . Print your name and address on the reverse 10 that WI can return the card to you. . Attach this card to thl back at thl mailplec., Of' on the front If apacI pennltl. 1. ArtICI. Addr...ed I,); ~Ofr1~ A. &olden q Buf?a.J 0 D(j"v~ L6-I- J2() Shippmsh urq, plf 11251' , . , . . ~ ~.<<.a.-- Received by ( PnnfN Name) ri1~ O. I, delr....ery ~ d,ff.-tnt from ltem,1 If YES, tnt" deh'llry addrl" below' o v" D No 3, ,Setv~. Type ~ef1lfied Mill 0 E.lprlll MIlII o AlQlllertd a A.lurn Atc'lpllor MlfChandlH o In.ut~ Mill 0 C.O,D. , 4. Restricted Delivery? (EAt" FH) I 2. Mlel, Numbtf' (Trill''''' from II PS Form 3811. August 2001 7DD2 D8bD DDDD 1D7b 1954 102S11S.02.M.0I35 Dome,tIC A'lurn Receipt SENDER: COMPLEtE THlS'SECT/ON . Compl.leltems 1. 2. end 3. A110 complete lIem 4 If Reslricted Oellvery 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 01 the mailpiece. or on the Iront II space permits. 1. Article Addressed to: Linda ~Q(( 12. c.rolise J~oad N ewVi l/<t, Pit /124-1 2. Article Number (Transfer from $er' PS Form 3811. August 2001 . COMPLETE THIS SECTION ON OfUVCRY , DVes D No 3: Se~e Type .k1' Cen,fied Mail o Aeoistered o Insured Mail o express Mail o Return Receipt for Merchandise DC:O,O. 4. Restricted Delivery? (Extra Fee) as 7DD2 D8bD DDDD 1D72 2931 1025;5-02.1.4-0835 DomesUc Return Receipt 'f. SENDER: COMPLETE rHls SECTION ' , . Complete Items 1. 2. and 3. Also complete Item 4 II Restricted Delivery Is desired. . Print your name and address on the reverse 80 that we can return the card to you. . Attach this card to the back of the mailplece. or on the front II Ipace permit.. 1. Miele Addressed to: Do ~~IQ5 Car( II (fo Iise ltJa.d Newville fA 1'12.4-1 I 3. ~Ic. .....s<1~tIod Mill D Ex","' M.i1 - d RlQilltred C R,turn Reel/pi for MtfChandlM ' D InlU'ld Mail D C,QO. 4, A..''''''ad [)ellv"'f? (Ext" 'H) Yet 2. Micle Number (Trans'" from Ie PS Form 3811. Augult 2001 7D02 DabD DDDD 1D72 2948 DornettlC R.turn Reet/pl 102SK-Q2......Q135 C) .: . ..., " , " '..., ! , '. .~ ." 16 ( I , .. ) [ ) , . " , ," .. -, " j . ~ 6. This Order is entercd pursuant to an agreement of the partics at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual conscnl. In the absence of mutual consent, the tenns of this Order shall control. BY THE COURT, \ cc: Sean M. Shultz, Esquire - Counsel for Father ~~ rn-~....t. Marcus A. McKnight, III, Esquire - Counsel for Mother and Maternal Grandparents 1/- (J 'f, 03 Q... SEP ? 4 7004 (: DOUGLAS CARR and LINDA CARR Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1580 CIVIL ACTION LAW CARRIE GOLDEN (Prcviously Carr) Dcfcndant IN CUSTODY ORDER AND NOW, this 21st day of September.2004 . the conciliator, having received no request from counscl or cither party to reschedule thc custody conciliation conferencc scheduled for March 16, 2004, hercby relinquishcs jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquirc Custody Conciliator , , , I I I I , I i I i ! , I I ~ '>- 1.0 ~ cz; M ~ .. --- tJJ~ - -') ~, .:r. (.)0 :c t,'z O:r- ..-c ~'J..::( z= ',':-: ,_.......1 o- Ct r- '.'0 \oo,~ 0': N LLJ'J- .:1..:.. a.. ", -... -llJ ',iJ,'b D:Ff I.J.l en :~ a.. 'l- -'" <=> :::l U = U ""