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HomeMy WebLinkAbout00-07736HARRY C. GANDY AND SARA JANE GANDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WESLIA C. GANDY AND THOMAS COLLINS DEFENDANT • 00-7736 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of November , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 21st day of November , 2000, at 11:00 a.m. 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. FOR THE COURT, By: /s/ Dawn S. Sunda Es _ Custody Conciliator tvWq 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 ,TF',hY 3, 33 . (D CUPe iPENN , SYLVANIA P Harry C. Gandy and Sara Jane Gandy, Plaintiffs V. Weslia C. Gandy and Thomas Collins, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION -LAW NO. o®- 7j 73/ CUSTODY ORDER OF COURT AND NOW, this _ day of , 2000, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Conciliator, at 39 W. Main Street, Mechanicsburg, PA 17055, on the _ day of 2000, at _.m., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 c: John H. Broujos, Esquire Weslia C. Gandy, Defendant Mother Thomas Collins, Defendant Father Harry C. Gandy and : IN THE COURT OF COMMON PLEAS OF Sara Jane Gandy, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL DIVISION -LAW Weslia C. Gandy and NO. 2000- 773 72w Thomas Collins, Defendants CUSTODY COMPLAINT OF GRANDPARENTS FOR CUSTODY AND NOW, come Plaintiffs Harry C. Gandy and Sara Jane Gandy, by and through their attorney John H. Broujos, Broujos & Gilroy, P.C., and aver as follows: Plaintiffs are Harry C. Gandy and Sara Jane Gandy, adult individuals residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. They are the parents of Defendant Weslia C. Gandy, and the grandparents of Cryshai Jordan Gandy, referred to herein as Child, daughter of Weslia. 2. Defendant Weslia C. Gandy is a minor residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013, unmarried. She was born June 1, 1984 at Williamsport, Pennsylvania. 3. Defendant Thomas Collins is an adult individual residing at 158 Hamilton Avenue, Patterson, New Jersey 07051, believed to be unmarried. 4. Plaintiffs seek custody of Child residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. Cryshia Jordan Gandy was born September 28, 2000, in Carlisle, Pennsylvania. 6. The Child was born out of wedlock. The Child is presently in the custody of her Mother Defendant Weslia C. Gandy, who resides at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania. 8. During the past month, the Child has resided with the following persons and at the following addresses: Persons Address Dates Weslia C. Gandy 55 Cavalry Road 9-28-00 to present Carlisle, PA 17013 Harry C. & Sara Jane Gandy 55 Cavalry Road 9-28-00 to present Carlisle, PA 17013 9. The Mother of the Child is Weslia C. Gandy currently residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. 10. She is not married to Defendant Thomas Collins. 11. The Father of the Child is Thomas Collins, currently residing at 158 Hamilton Avenue, Patterson, New Jersey 07051. 12. He is not married to Defendant Weslia C. Gandy. 13. The relationship of Plaintiffs to Child is that of grandparents. 14. Defendant Weslia C. Gandy currently resides with the following persons: Name Relationship Harry C. and Sara Jane Gandy parents 15. Plaintiffs have 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. 16. Plaintiffs have no information of any custody proceeding concerning the Child pending in a Court of this Commonwealth or any jurisdiction. 17. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody of visitation rights with respect to the Child. 18. The best interest and permanent welfare of the Child will be served by granting the relief requested because the Child has been in the custody of the Mother in the home of Plaintiffs continuously since the Child's birth; Father was not present at the birth or in Carlisle during the pregnancy, has paid no costs of birth or support, was aware of the birth, and has not seen the child; and because Plaintiffs are capable of providing and will provide for the Child. Plaintiffs have provided all funds for food, clothing, costs of birth, and medical costs for Child. 19. Each parent who has parental rights to the Child which have not been terminated and the person who has physical custody of the Child are parties to the action. WHEREFORE, Plaintiffs request this Court to grant full legal and physical custody of the Child to Plaintiffs. John V. Broujos, Esquire No. 6268 Alteftley for Plaintiffs BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 October 26, 2000 We verify that the statements made in this pleading are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: October 26, 2000 R r(r (V -? O Q C %i O 7 _ _) 1 ?r ? M, N HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WESLIA C. GANDY and THOMAS COLLINS, Defendants CRDEl BY THE COURT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY OF COURT AND NOW, this 2 9114 day of M bye -y ycS" , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Weslia C. Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, shall have shared legal custody of Cryshai Jordan Gandy, born September 28, 2000. The Maternal Grandparents and the Mother shall jointly make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Maternal Grandparents shall have physical custody of the Child. 3. The Mother shall have unlimited contact with the Child and the opportunity to continue to provide care for the Child. 4. In the event the Father wishes to pursue any custody rights he may have with respect to the Child, the Father may file a petition with the court upon his release from incarceration. U 21-. cc: John H. Broujos, Esquire - Counsel for Maternal Grandparents Joan Carey, Esquire - Counsel for Mother Thomas Collins a.k.a Tyrone Beats 11.30-00 R?3 t,"r;?'ONOTARY t'f39fl' 3Q PH I 25 CUMBi RLr'cNU' COUNTY PENNSYLVANIA _ .? W .i W HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WESLIA C. GANDY and THOMAS COLLINS, Defendants CUSTODY CONCILI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY WION SUMMARY REPORT IN ACOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Mother and Maternal Grandparents 2. A Conciliation Conference was held on November 21, 2000, with the Plaintiffs/Maternal Grandparents following individuals in attendance: The Plaintiffs/Maternal Grandparents, Harry C. Gandy and Sara Jane Gandy, with their counsel, John H. Broujos, Esquire, and the Mother, Weslia C. Gandy, with her counsel, Joan Carey, Esquire. The Father, Thomas Collins, is currently incarcerated in Patterson, New Jersey and did not attend the Conference. 3. The Maternal Grandparents brought this petition for custody of their Granddaughter, who currently resides with them along with the Mother, who is also a minor. The Mother and the Grandparents agree to entry of an order in the form as attached granting custody of the Child to the Maternal Grandparents at this time without prejudice to the mother's ability to seek primary physical custody of the Child at a future time. It was recognized that the Child will benefit by becoming eligible for coverage under the Maternal Grandfather's insurance plan. The parties agree that the Mother will retain her ability to have unlimited contact with the Child and will continue to provide care for her. Although the Father is not in a position to exercise physical custody rights with respect to the Child at this time as he is incarcerated, the Father may file a petition to review the custody arrangements after he is released from prison. 4. The Conciliator recommends an order in the form as attached. A-bir ether 7? afro 6 pPvta. D ate Daw. y, Esquire Custody Conciliator n..?_Lj ('\ Y TI=;= ' ??,?a, , STAR C? ao ?av ;?a P'?? ? ? z? cu46 N ?v'A,?rt A z m n O m 0 c I r Nn > w mo 3Q 1 9 c Z ` co rtn MW o A wy ON m m ?- G m -0 r- rn 77 r ? PZ O , Cl) Cl) p q Y o L O p C- o JP C03 y 7' U) VS rr o) 4 _ /C4 N G - - rt co O :; Ed co < . Am y b aR.l lf .? _? C itt ?? _ cm G W a m rtt m c (D" n' 4c? r - HARRY C. GANDY and SARA JANE GANDY, Plaintiffs vs. WESLIA C. GANDY and THOMAS COLLINS, Defendants ORDE! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY OF COURT AND NOW, this day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Weslia C. Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, shall have shared legal custody of Cryshai Jordan Gandy, born September 28, 2000. The Maternal Grandparents and the Mother shall-jointly make all 'major non-emergency decisions: affecting >the Child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. 2. The Maternal Grandparents shall, have physical custody of the Child. 3. The Mother shall have unlimited contact with the Child and the opportunity to continue to provide care for the Child. 4. In the event the Father wishes to pursue any custody rights he may have with respect to the Child, the Father may file a petition with the Court upon his release from incarceration. TRUE COPY FROM RECORD In Testimony whereof, I here unto set , hand and the seal of said court at.Carlisle, Pa- A,' //, J... cc: John H. Broujos, Esquire -Counsel for Maternal Grandparents Joan Carey, Esquire - Counsel for Mother Thomas Collins a.k.a Tyrone Beats BY THE COURT, 4 HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WESLIA C. GANDY and THOMAS COLLINS, Defendants CUSTODY CONCILI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY ATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Mother and Maternal Grandparents 2. A Conciliation Conference was held on November 21, 2000, with the Plaintiffs/Maternal Grandparents following individuals in attendance: The Plaintiffs/Maternal Grandparents, Harry C. Gandy and Sara Jane Gandy, with their counsel, John H. Broujos, Esquire, and the Mother, Weslia C. Gandy, with her counsel, Joan Carey, Esquire. The Father, Thomas Collins, is currently incarcerated in Patterson, New Jersey and did not attend the Conference. 3. The Maternal Grandparents brought this petition for custody of their Granddaughter, who currently resides with them along with the Mother, who is also a minor. The Mother and the Grandparents agree to entry of an order in the form as attached granting custody of the Child to the Maternal Grandparents at this time without prejudice to the mother's ability to seek primary physical custody of the Child at a future time. It was recognized that the Child will benefit by becoming eligible for coverage under the Maternal Grandfather's insurance plan. The parties agree that the mother will retain her ability to have unlimited contact with the Child and will continue to provide care for her. Although the Father is not in a position to exercise physical custody rights with respect to the Child at this time as he is incarcerated, the Father may file a petition to review the custody arrangements after he is released from prison. 4. The Conciliator recommends an Order in the form as attached. K))ye,m-6 ?' ?, -70,?=OO Dat2 Dawn S. Sunday, Esquire Custody Conciliator HARRY C. GANDY AND SARA J. GANDY, Plaintiffs V. WESLIA C. GANDY AND THOMAS COLLINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-7736 CIVIL TERM PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 1012, please withdraw the appearance of MidPenn Legal Services as attorney of record for Defendant Weslia C. Gandy in the above captioned action. Dated: 0 I 2-0 V_? Gr c D'Alo, Es . Mi nn Legal Services 401 E. Louther Street, Suite 301 Carlisle, PA 17013 Please enter the appearance of the Family Law Clinic as attorney of record on behalf of Defendant Weslia C. Gandy in the above captioned action. Respectfully submitted by: Linda LeFever R ectfully submitted b Cfied Legal Intern Q? ROBE S THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 25 -r: ul to c G?? HARRY C. GANDY AND SARA J. IN THE COURT OF COMMON PLEAS OF GANDY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-7736 CIVIL ACTION LAW WESLIA C. GANDY THOMAS COLLINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , upon consideration 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 Street, Mechanicsburg, PA 17055 on Wednesday, December 07, 2005 at 10:00 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/ Dawn S. Sunda Es q. 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 ? _.' wranaw `-3.t_?x..,a;h?sunreaegaar,<>? sxsJa .. =.mat'?slnei?k?t;44c.3:?^?+-?!FeYe'4iYi399R'd18NP,llASfi4ntmesu ru.,?-:r -- •..aies5F?ll4 ?a9au ?"` ? - FI?(l TICE J,OF THE ri MHr,)7eOTAP.Y 2005 NOV 17 Pil 3: i 9 ulul_ _ ,L ,,UNRY i NOV 1 0 2005 HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM ORDER OF COURT AND NOW, this- day of , 2005, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before, the conciliator, at on the day of 2005, at .m., 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 the scheduled hearing. FOR THE COURT: By: 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. J Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 AMERICANS WITH DISABILITIES ACT OF 1990 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. HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW : IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM PETITION TO MODIFY CUSTODY 1. The petitioner, Defendant Weslia C. Gandy, by her attorneys, the Family Law Clinic, respectfully represents that on November 29, 2000, an Order of Court was entered for custody of Cryshai. Jordan Gandy, born September 28, 2000, a true and correct copy of which is attached as Exhibit "A." Under the existing Order, Mother, Weslia Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, have shared legal custody of the Child. The Maternal Grandparents have primary physical custody of the Child. The Mother has unlimited contact with the Child and the opportunity to continue to provide care for the Child. 2. This Order should be modified because: a. The Mother, who was 16-years-old and living with the Maternal Grandparents at the time the Order was entered, is currently 21-years-old and is no longer living with the Maternal Grandparents. b. The Child had been in the custody of the Mother in the home of the Maternal Grandparents during the majority of the Child's life, until the Mother left the home in July 2004, when the Child was approximately 4-years-old. c. Upon the Mother's departure from the Maternal Grandparent's home, the Maternal Grandparents have restricted the Mother's custody of the Child to weekends and have refused to discuss additional custody with the Mother. d. The Mother currently lives with her fiancd and their 4-month-old child and is willing and able to assume primary custody of the Child and enroll her in school near her home. e. Father is currently incarcerated in Rahway, New Jersey, and is not scheduled to be released for two years. f. The best interest of the Child will be served by granting the Mother primary custody because the Mother is the natural parent and should be the caretaker of the Child. 3. The Family Law Clinic sought concurrence of opposing counsel of record for Mr. and Mrs. Harry Gandy. No response was received at time of the filing of this Petition. WHEREFORE, Petitioner respectfully requests that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the Child. Date: 9 5 (_`-2lAA 1_3/ Linda LeFever Certified Legal Intern O I PLACE ROBERT E. RAINS LUCYJOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in this Petition 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. Dates q. . - . 1. 11) HARRY C. GANDY and SARA JANE GANDY, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 00-7736 CIVIL TERM WESLIA C. CANDY and THOMAS COLLINS, CIVIL ACTION - LAW Defendants COSTODY CROM OF COURT AND NOW, this _.-fe_ l f 4 day of M OV a - G r3' , 2000, upon consideration of the attached Custody Conciliation Rertt is ordered and directed as follows: 1. The Mother, Melia C. Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, shall have shared legal custody of Cryshai Jordan Gandy, born September 28, 2000. The Maternal Grandparents and the Mother shall jointly make all major non-emergency decisions affecting the Childs general Nell-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Maternal Grandparents shall have physical custody of the Child. 3. The Mother shall have unlimited contact with the Child and the opportunity to continue to provide care for the child. 4. In the event the Father wishes to pursue any custody rights he may have with respect to the child, the Father may file a petition with the court upon his release from incarceration. BY THE COURT, J. C91AIZ ?1 cc: John H. Broujoa, Esquire - Counsel for Maternal Grandparents 11-.30 0Q Joan Carey, Esquire - Counsel for Mother R Thomas Collins a.k.a Tyrone Beats n c o o F: ! LL HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM CERTIFICATE OF SERVICE i, Linda E. LeFever, Certified Legal Intern, the Family Law Clinic, hereby certify that I served a true and correct copy of a Petition to Modify Custody Order on Sara and Harry Gandy, at 55 Cavalry Road, Carlisle, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on November 22, 2005. Service was complete upon receipt by Sara Gandy on November 23, 2005, as evidenced by the attached green card. Linda LeFev r Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ,a _ -T k - - rn __ .. .tea ¦ Complete Roma 1, 2, and 3. Also complete Item 4 if Restricted Defivery Is desired. ¦ Print your name and address on the reverse so-Ahat we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the from if space permits, 1. Article Addressed to: S5 COV'aIry/ Ad. (a "41s k, pA /-700 X / ? Agent 0 Addressee B. ce' by(PNnt erne) Y Delivery D. Is delivery address dff*M from Itemltem 17 Yes It YES, enter delvery address bebw; ? No 3. Type Certified Mall 01 E*Prgss Mail 0 Registered etum Receipt ? Insured mail ? C,O.D. 4. Restricted Delivery? (Extra Fee) PS Form 3811, February 2004 Dompstlc Retum Receipt 702595-02-M-1540 G? r .r A HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM AFFIDAVIT OF SERVICE I, Steve Johnson, Executive Assistant at East Jersey State Prison, hereby certify that I am a competent adult and that I served a copy of a Petition to Modify Custody and an Order of Court scheduling a custody conciliation on the Defendant, Thomas Collins, at the East Jersey State Prison in Rahway, New Jersey by handing him a copy of the Petition and the Order. Service was complete upon receipt by Thomas Collins, on the day '!ft- of ??,t?vywGy?005. I verify that the statements made in this certificate 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: 1-L-4-0 , 4 gna re Y S? r 0 40 L -ni?L HARRY C. GANDY AND SARA J.GANDY Plaintiff VS. WESLIA C. GANDY IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7736 CIVIL ACTION LAW Defendant/Petitioner IN CUSTODY and THOMAS COLLINS Defendant ORDER OF COURT AND NOW, this i, J? day of be _ L , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 29, 2000 shall continue in effect as modified by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child every week from Wednesday afternoon through Sunday before 9:00 p.m. The Mother shall provide transportation for the foregoing exchanges of custody. B. The maternal Grandparents shall have custody of the Child every week from Sunday at 9:00 p.m. through Wednesday afternoon. In addition, the maternal Grandmother shall transport the Child to her karate lessons on Thursday evenings and the Mother shall pick up the Child at the end of the karate lessons. 3. The parties shall share having custody of the Child on the Christmas holiday. 4. The schedule set forth in this Order shall begin on Wednesday, December 14, 2005. 5. In the event the Father wishes to assert any custody rights he may have with respect to the Child, the Father may file a Petition with the Court upon his release from incarceration. _ l R7- all __ w CO K . y 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, February 15, 2006 at 10:00 a.m. The purpose of the conference shall be to address the Mother's request for further expanded physical custody of the Child. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. 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, f? J. We'1?}?O?er, r. cc: John H. Broujos, Esquire - Counsel for maternal Grandparents t,?da LeFever and Anne MacDonald-Fox, Esquire - Counsel for Mother Niomas Collins aka Thomas Becote, Father ?,I6 HARRY C. GANDY AND SARA J.GANDY Plaintiff VS. WESLIA C. GANDY Defendant/Petitioner and THOMAS COLLINS Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7736 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Maternal Grandparents 2. A custody conciliation conference was held on December 7, 2005, with the following individuals in attendance: The maternal Grandmother, Sara J. Gandy, with her counsel, John H. Broujos, Esquire, and the Mother, Weslia C. Gandy, with her counsel, Linda LeFever and Anne MacDonald-Fox, Esquire. The Father, Thomas Collins aka Thomas Becote, who is presently incarcerated in the New Jersey State Prison, did not attend the conference. 3. The parties agreed to entry of an Order in the form as attached. The Father requested in a letter to the conciliator that a custody conference be scheduled upon his release from incarceration to enable him to assert any rights concerning the Child. Therefore, it is specifically noted in the proposed Order, as in the prior Order dated November 29, 2000, that the Father may petition the Court for review of the custodial arrangements upon his release from incarceration. Date Dawn S. Sunday, Esquire Custody Conciliator HARRY C. GANDY AND SARA J.GANDY Plaintiff VS. WESLIA C. GANDY and THOMAS COLLINS IN THE COURT OF PR I d ?969 CO qMON CUMBERLAND COUNTY, PENNSYLVANIA 00-7736 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 12th day of April, 2006 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 19, 2006 is cancelled. FOR THE COURT, Defendant/Petitioner Defendant Dawn S. Sunday, Esquire Custody Conciliator FILED Ci`!GE Cp, € E 113: 22 COD o u o x E o 9D O? C `Y C 0+0CD < O ' O y Q D) O Q 47 9 D C) 0 Ul nNy??n 0 ooc? m; s?N?k w? Yw ^0 r N O 3 ' d 2 d £ n m w ?? N ? ro n aD vi VJ t": a ?? v r.\ IA 'J' a\ r\ RTE; H11 El T -i HARRY C. GANDY AND SARA J. GANDY, Plaintiff V. WESLIA C. GANDY, Defendant. MAY 0 5 2006 BY. _I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY C3 2000-7736 CIVIL TE N0 r, RMET-.` ?c . t CUSTODY AGREEMENT ; THIS AGREEMENT, made this Y day of 2006, between Ms. Weslia C. Gandy, hereinafter Mother, and Mr. Harry C. Gandy and Ms. Sara J. Gandy, hereinafter Grandparents, concerns the custody of Cryshai Jordan Gandy, born September 28, 2000. Mother and Grandparents desire to enter into an agreement as to the custody of the child and intend for this Agreement to be made an Order of Court. Mother and Grandparents agree to the following, beginning June 1, 2006: 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Grandparents shall have periods of physical custody of the child to be agreed upon by the parties. 4. Mother and Grandparents will agree upon drop off and pick up times and locations, and agree to share transportation. 5. Mother and Grandparents will agree upon which holidays the child will spend with each party. 6. Neither party will do anything which may estrange the child from the other 0 rn rnr- t3? party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and respect for the other party. r. Harry C. Gandy an Ms. Sara J. Gandy, Plaintiffs H. Broujos, Esq sel for Plaintiffs i ROBE GAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2965 Fax(717)243-3639 ORDER And now, this day of , 2006, the foregoing Agreement is approved and entered as an Order of Court. J. Is I poll. I Counsel for Defendant HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ V. O : CIVIL ACTION - LAW - -n 0 IN CUSTODY ' rl WESLIA C. GANDY, Defendant. : NO. 2000-7736 CIVIL TERM : ^1 i5 m . o CUSTODY AGREEMENT THIS AGREEMENT, made this y da of 2006, between Ms. Weslia C. Gandy, hereinafter Mother, and Mr. Harry C. Gandy and Ms. Sara J. Gandy, hereinafter Grandparents, concerns the custody of Cryshai Jordan Gandy, born September 28, 2000. Mother and Grandparents desire to enter into an agreement as to the custody of the child and intend for this Agreement to be made an Order of Court. Mother and Grandparents agree to the following, beginning June 1, 2006: 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Grandparents shall have periods of physical custody of the child to be agreed upon by the parties. 4. Mother and Grandparents will agree upon drop off and pick up times and locations, and agree to share transportation. 5. Mother and Grandparents will agree upon which holidays the child will spend with each party. 6. Neither party will do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and respect for gal Intern e1 Certifie Lef Counsel for Defendant ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2965 Fax(717)243-3639 ORDER And now, this day of Mr. Harry C. Gandy and Ms. Sara J. Gandy, Plaintiffs H. Broujos, Esq isel for Plaintiffs 2006, the foregoing Agreement is approved and entered as an Order of Court. J. the other party. HARRY C. GANDY AND SARA J. GANDY, Plaintiff r.. K'af 4.eA V, MAY 0 5 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY a WESLIA C. GANDY, Defendant. : NO. 2000-7736 CIVIL TERM rr? rrcr, CUSTODY AGREEMENT -o ern. SG W THIS AGREEMENT, made this `/'o day of /13 2006, bet win Ms. ? Weslia C. Gandy, hereinafter Mother, and Mr. Harry C. Gandy and Ms. Sara J. Gandy, hereinafter Grandparents, concerns the custody of Cryshai Jordan Gandy, born September 28, 2000. Mother and Grandparents desire to enter into an agreement as to the custody of the child and intend for this Agreement to be made an Order of Court. Mother and Grandparents agree to the following, beginning June 1, 2006: 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Grandparents shall have periods of physical custody of the child to be agreed upon by the parties. 4. Mother and Grandparents will agree upon drop off and pick up times and locations, and agree to share transportation. 5. Mother and Grandparents will agree upon which holidays the child will spend with each party. 6. Neither party will do anything which may estrange the child from the other parry, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and respect for Ny ?l X, r. Harry C. Gandy am Ms. Sara J. Gandy, Plaintiffs Jo H. Broujos, Esq. Co el for Plaintiffs {IA,C 1 i ..i ROBE -RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2965 Fax(717)243-3639 ORDER And now, this day of , 2006, the foregoing Agreement is approved and entered as an Order of Court. J. the other party. Counsel for Defendant v ? HARRY C. GANDY and SARA J. GANDY, Plaintiffs V. WESLIA C. GANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-7736 CIVIL TERM ORDER OF COURT AND NOW, this II'' day of May, 2006, upon consideration of the Custody Agreement dated May 4, 2006, and it appearing that the agreement contains an incomplete caption and that the child's father is a party to the litigation but not a party to the agreement, the proposed order will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and submit a new agreement for a stipulated order. BY THE COURT, John H. Broujos, Esq. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs Keith Hickman Certified Legal Intern Robert E. Rains, Esq. \??V Thomas M. Place, Esq. Anne MacDonald-Fox, Esq. Lam' Lucy Johnston-Walsh, Esq. o William G. Martin, Esq. ,,/amily Law Clinic OF ALEG-Or ICE O Hr C: E ? ILf (IJ 2M MW I I PH 3.25 PcPdll?? (?! i'v ti 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant :rc ?. MAY 0 5 X006 r ., r. HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW IN CUSTODY WESLIA C. GANDY, Defendant. : NO. 2000-7736 CIVIL TERM THIS AGREEMENT, made this Aeday of ?, 2006, between Ms. Weslia C. Gandy, hereinafter Mother, and Mr. Harry C. Gandy and Ms. Sara J. Gandy, hereinafter Grandparents, concerns the custody of Cryshai Jordan Gandy, born September 28, 2000. Mother and Grandparents desire to enter into an agreement as to the custody of the child and intend for this Agreement to be made an Order of Court. Mother and Grandparents agree to the following, beginning June 1, 2006: 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Grandparents shall have periods of physical custody of the child to be agreed upon by the parties. 4. Mother and Grandparents will agree upon drop off and pick up times and locations, and agree to share transportation. 5. Mother and Grandparents will agree upon which holidays the child will spend with each party. 6. Neither party will do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may - hamper the free and natural development of the child's love and respect for 0 ,i -/ ca& r. Harry C. Gandy anMs. Sara J. Gandy, Plaintiffs ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2965 Fax(717)243-3639 ORDER And now, this day of , 2006, the foregoing Agreement is approved and entered as an Order of Court. J. the other party. Counsel for Defendant u, C rn -am !_._ i, .? w5 r t7 L? %'-A Harry C. Gandy and Sara Jane Gandy, Plaintiffs V. Weslia C. Gandy and Thomas Collins, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NO. 2000- 773 : CUSTODY COMPLAINT OF GRANDPARENTS FOR CUSTODY AND NOW, come Plaintiffs Harry C. Gandy and Sara Jane Gandy, by and through their attorney John H. Broujos, Broujos & Gilroy, P.C., and aver as follows: Plaintiffs are Harry C. Gandy and Sara Jane Gandy, adult individuals residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. They are the parents of Defendant Weslia C. Gandy, and the grandparents of Cryshai Jordan Gandy, referred to herein as Child, daughter of Weslia. 2. Defendant Weslia C. Gandy is a minor residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013, unmarried. She was born June 1, 1984 at Williamsport, Pennsylvania. 3. Defendant Thomas Collins is an adult individual residing at 158 Hamilton Avenue, Patterson, New Jersey 07051, believed to be unmarried. 4. Plaintiffs seek custody of Child residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. Cryshia Jordan Gandy was born September 28, 2000, in Carlisle, Pennsylvania. 6. The Child was born out of wedlock. 8. 10. 11. The Child is presently in the custody of her Mother Defendant Weslia C. Gandy, who resides at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania. During the past month, the Child has resided with the following persons and at the following addresses: Persons Address Dates Weslia C. Gandy 55 Cavalry Road Carlisle, PA 17013 9-28-00 to present Harry C. & Sara Jane Gandy 55 Cavalry Road 9-28-00 to present Carlisle, PA 17013 The Mother of the Child is Weslia C. Gandy currently residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. She is not married to Defendant Thomas Collins. The Father of the Child is Thomas Collins, currently residing at 158 Hamilton Avenue, Patterson, New Jersey 07051. 12. He is not married to Defendant Weslia C. Gandy. 13. The relationship of Plaintiffs to Child is that of grandparents. 14. Defendant Weslia C. Gandy currently resides with the following persons: Name Relationship Harry C. and Sara Jane Gandy parents 15. Plaintiffs have 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. 16. Plaintiffs have no information of any custody proceeding concerning the Child pending in a Court of this Commonwealth or any jurisdiction. 17. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody of visitation rights with respect to the Child. 18. The best interest and permanent welfare of the Child will be served by granting the relief requested because the Child has been in the custody of the Mother in the home of Plaintiffs continuously since the Child's birth; Father was not present at the birth or in Carlisle during the pregnancy, has paid no costs of birth or support, was aware of the birth, and has not seen the child; and because Plaintiffs are capable of providing and will provide for the Child. Plaintiffs have provided all funds for food, clothing, costs of birth, and medical costs for Child. 19. Each parent who has parental rights to the Child which have not been terminated and the person who has physical custody of the Child are parties to the action. WHEREFORE, Plaintiffs request this Court to grant full legal and physical custody of the Child to Plaintiffs. No. 6268 Arteeeley for Plaintiffs BROUJOS & GILROY, P.C, 4 North Hanover Street Carlisle, Pennsylvania 17013 7171243-4574 717/766-1690 FAX# 717/243-8227 October 26, 2000 We verify that the statements made in this pleading are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: October 26, 2000 W I?D d c> c? vy tiro ? ,'. U 'e . ST T- 1 l? } ]s? -G HARRY C. GANDY AND SARA JANE GANDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WESLIA C. GANDY AND THOMAS COLLINS DEFENDANT 00-7736 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of November , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on the 21st day of November , 2000, at 11:00 a.m. 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. FOR THE COURT, By: !sJ Dawn S Snnda?t? 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 VlAfV/\IASNN3d f j n ^:n -,^'r'dflo iL .? ilc9 ii?N 00 aud1C.. ?,?_+ LARRY E. FERRELL : IN THE COURT.' OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS D. DAIHL and NO. 2000-7936 CIVIL KAREN L. DAIHL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9TH day of JULY, 2003, a pretrial conference in the above-captioned matter 2003, at 1:00 p.m. in Chamber Cumberland County Courthouse, memorandum shall be submitted C.C.R.P. 212-4, at least five conference. is SCHEDULED for FRIDAY, JULY 18, of the undersigned judge, Carlisle, Pennsylvania. Pretrial by counsel in accordance with (5) days prior to the pretrial TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Steven C. Courtney, Esq. H. Anthony Adams, Esq. 9-//-03 Q . Edward E Taryn Dixon / Court Administrator -`a," . Guido, J. HIS 1'dA`?J.SN?J3d 7 0, fu " aJ - I?V HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WESLIA C. GANDY and THOMAS COLLINS, Defendants ORDFJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY t OF COURT AND NOW, this z C( 14 day of N oV e - Rio` , 2000, upon consideration of the attached Custody Conciliatian Report, it is ordered and directed as follows: 1. The Mother, Weslia C. Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, shall have shared legal custody of Cryshai Jordan Gandy, born September 28, 2000. The Maternal Grandparents and the Mother shall jointly make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Maternal Grandparents shall have physical custody of the Child. 3. The Mother shall have unlimited contact with the Child and the opportunity to continue to provide care for the Child. 4. In the event the Father wishes to pursue any custody rights he way have with respect to the Child, the Father may file a petition with the court upon his release from incarceration. cc: John H. Broujos, Esquire - Counsel for Maternal Grandparents Joan Carey, Esquire - Counsel for Mother Thomas Collins a.k.a Tyrone Beats 0'.30.00 R RV THE MIRT. YNVA MM 9e ,l W!a o£ AUN QO HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WESLIA C. GANDY and THOMAS COLLINS, Defendants CUSTCVY CCNCILI IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7730 CIVIL TERM CIVIL ACTION - LAW CUSTODY ATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCBDM 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 2T]RRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Mother and Maternal Grandparents 2. A Conciliation Conference was held on November 21, 2000, with the Plaintiffs/Maternal Grandparents following individuals in attendance: The Plaintiffs/Maternal Grandparents, Harry C. Gandy and Sara Jane Gandy, with their counsel, John H. Broujos, Esquire, and the Mother, Weslia C. Gandy, with her counsel, Joan Carey, Esquire. The Father, Thomas Collins, is currently incarcerated in Patterson, New Jersey and did not attend the Conference. 3. The Maternal Grandparents brought this petition for custody of their Granddaughter, who currently resides with then along with the Mother, who is also a minor. The Mother and the Grandparents agree to entry of an order in the form as attached granting custody of the Child to the Maternal Grandparents at this time without prejudice to the mother's ability to seek primary physical custody of the Child at a future time. It was recognized that the Child will benefit by becoming eligible for coverage under the Maternal Grandfather's insurance plan. The parties agree that the Mother will retain her ability to have unlimited contact with the Child and will continue to provide care for her. Although the Father is not in a position to exercise physical custody rights with respect to the Child at this time as he is incarcerated, the Father may file a petition to review the custody arrangements after he is released from prison. 4. The Conciliator recommends an order in the form as attached. t?•m bar ) 70 d UL Date Dawn S. Sunday, Esquire Custody conciliator dlNVA"MNN3d AINnon aiNv'i p-mno 5Z:i Wd 06AQN00 ,?i,??C, J., A AMERICANS WITH DISABILITIES ACT OF 1990 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. HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM PETITION TO MODIFY CUSTODY 1. The petitioner, Defendant Weslia C. Gandy, by her attorneys, the Family Law Clinic, respectfully represents that on November 29, 2000, an Order of Court was entered for custody of Cryshai. Jordan Gandy, born September 28, 2000, a true and correct copy of which is attached as Exhibit "A." Under the existing Order, Mother, Weslia Gandy, and the Matemal Grandparents, Harry C. and Sara Jane Gandy, have shared legal custody of the Child. The Maternal Grandparents have primary physical custody of the Child. The Mother has unlimited contact with the Child and the opportunity to continue to provide care for the Child. 2. This Order should be modified because: a. The Mother, who was 16-years-old and living with the Maternal Grandparents at the time the Order was entered, is currently 21-years-old and is no longer living with the Maternal Grandparents. b. The Child had been in the custody of the Mother in the home of the Maternal Grandparents during the majority of the Child's life, until the Mother left the home in July 2004, when the Child was approximately 4-years-old. c. Upon the Mother's departure from the Matemal Grandparent's home, the Maternal Grandparents have restricted the Mother's custody of the Child to weekends and have refused to discuss additional custody with the Mother. d. The Mother currently lives with her fiance and their 4-month-old child and is willing and able to assume primary custody of the Child and enroll her in school near her home. e. Father is currently incarcerated in Rahway, New Jersey, and is not scheduled to be released for two years. f The best interest of the Child will be served by granting the Mother primary custody because the Mother is the natural parent and should be the caretaker of the Child. 3. The Family Law Clinic sought concurrence of opposing counsel of record for Mr. and Mrs. Harry Gandy. No response was received at time of the filing of this Petition. WHEREFORE, Petitioner respectfully requests that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the Child. Date: f 9 /0-5 Linda LeFever Certified Legal Intern O PLACE ROBE T E. RAINS LUCYJOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in this Petition 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: }. EXHIBIT a ._ -. . V HARRY C. GANDY and SARA JANE GANDY, Plaintiffs VS. WFSLIA C. GANDY and THOMAS COLLINS, Defendants CRM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7736 CIVIL TERM CIVIL ACTION - LAW CUSTODY OP COURT AND NOW, this 1 ct ' " day of M cV (f - G cJ- , 2000, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: 1. The Mother, Weslia C. Gandy, and the Maternal Grandparents, Harry C. and Sara Jane Gandy, shall have shared legal custody of Cryahai Jordan Gandy, born September 281 2000. The Maternal Grandparents and the Mother shall jointly make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Maternal Grandparents shall have physical custody of the Child. 3. The Mother shall have unlimited contact with the Child and the opportunity to continue to provide care for the Child. 4. In the event the Father wishes to pursue any custody rights he may have with respect to the Child, the Father may file a petition with the Court upon his release from incarceration. BY THE COURT, Z-1 l/? J. Ccp.ttb fgaii cc: John H. Broujos, Esquire - Counsel for Maternal Grandparents 1)-,30-00 Joan Carey, Esquire - Counsel for Mother R I,?_, Thomas Collins a.k.a Tyrone Beats ?^? no ?. .? O un 'l"1 . * _ S ^ l'- N ?` v X17 1 ?h ? J ? ry ??, ? . -? _ 7 ^ ~ l t o -?-? ?:, =?, W z G`? L s HARRY C. GANDY AND SARA J. GANDY, Plaintiffs V. WESLIA C. GANDY AND THOMAS COLLINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-7736 CIVIL TERM PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 1012, please withdraw the appearance of MidPenn Legal Services as attorney of record for Defendant Weslia C. Gandy in the above captioned action. i Dated: ? V ZU ? 04 401 E. Louther Street, Suite 301 Carlisle, PA 17013 Please enter the appearance of the Family Law Clinic as attorney of record on behalf of Defendant Weslia C. Gandy in the above captioned action. Respectfully submitted by: b fully submitted b jt'm Alo, Es Legal Services Linda LeFever Cfied Legal Intern ROBE R S THO SM. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 t yC`J T=-i l J vQ' - . V_i HARRY C. GANDY AND SARA J. IN THE COURT OF COMMON PLEAS OF GANDY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-7736 CIVIL ACTION LAW WESLIA C. GANDY THOMAS COLLINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , upon consideration 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 Street, Mechanicsburg, PA 17055 on Wednesday, December 07, 2005 at 10:00 AM for a Pre-I Tearing 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: ls/ Dawn S. _Sunday, Esq,__ 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 L I )'? C, ?A E ? Z _fAL 20 HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM CERTIFICATE OF SERVICE I, Linda E. LeFever, Certified Legal Intern, the Family Law Clinic, hereby certify that I served a true and correct copy of a Petition to Modify Custody Order on Sara and Harry Gandy, at 55 Cavalry Road, Carlisle, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on November 22, 2005. Service was complete upon receipt by Sara Gandy on November 23, 2005, as evidenced by the attached green card. Linda LeFed r Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 f r _ r.: t v ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery Is desired. x 0 Agent ¦ Print your name and address on the reverse 0 Addressee so'that we can return the card to you. S. ceiv by (Pn'nt erne) e f Delivery ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D. Is delivery address dMpfent from aem 17 Yes If YES, enter delivery address below: 0 No 1 / /r/r. ?? /l??3 `fJL(it C/? 7 3 Se Type CertffW Mail 0 E?ess Mall ? Registered eturn Receipt for Merchandt ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (&oa Fee) es 7005 0390 0003 2632 4914 PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant/Petitioner and THOMAS COLLINS, Defendant : NO. 2000-7736 CIVIL TERM AFFIDAVIT OF SERVICE I, Steve Johnson, Executive Assistant at East Jersey State Prison, hereby certify that I am a competent adult and that I served a copy of a Petition to Modify Custody and an Order of Court scheduling a custody conciliation on the Defendant, Thomas Collins, at the East Jersey State Prison in Rahway, New Jersey by handing him a copy of the Petition and the Order. Service was complete upon receipt by 'Thomas Collins, on the day of ?2cev--16,005. I verify that the statements made in this certificate 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: Ai -5-0? gna re ? - . DEC 1 4 2005 HARRY C. GANDY AND IN THE COURT OF COMMON PLEAS OF X1 SARA J.GANDY Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-7736 CIVIL ACTION LAW WESLIA C. GANDY Defendant/Petitioner IN CUSTODY and THOMAS COLLINS Defendant ORDER OF COURT AND NOW, this day of ')c1 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 29, 2000 shall continue in effect as modified by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child every week from Wednesday afternoon through Sunday before 9:00 p.m. The Mother shall provide transportation for the foregoing exchanges of custody. B. The maternal Grandparents shall have custody of the Child every week from Sunday at 9:00 p.m. through Wednesday afternoon. In addition, the maternal Grandmother shall transport the Child to her karate lessons on Thursday evenings and the Mother shall pick up the Child at the end of the karate lessons. 3. The parties shall share having custody of the Child on the Christmas holiday. 4. The schedule set forth in this Order shall begin on Wednesday, December 14, 2005. 5. In the event the Father wishes to assert any custody rights he may have with respect to the Child, the Father may file a Petition with the Court upon his release from incarceration. ' ?, _J 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, February 15, 2006 at 10:00 a.m. The purpose of the conference shall be to address the Mother's request for further expanded physical custody of the Child. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. 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, is J. Wesl6olei Jr.` -dr cc: John H. Broujos, Esquire - Counsel for maternal Grandparents .-?inda LeFever and Anne MacDonald-Fox, Esquire - Counsel for Mother Jbomas Collins aka Thomas Becote, Father 1??I? HARRY C. GANDY AND SARA J.GANDY Plaintiff VS. WESLIA C. GANDY Defendant/Petitioner and THOMAS COLLINS Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7736 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Maternal Grandparents 2. A custody conciliation conference was held on December 7, 2005, with the following individuals in attendance: The maternal Grandmother, Sara J. Gandy, with her counsel, John H. Broujos, Esquire, and the Mother, Weslia C. Gandy, with her counsel, Linda LeFever and Anne MacDonald-Fox, Esquire. The Father, Thomas Collins aka Thomas Becote, who is presently incarcerated in the New Jersey State Prison, did not attend the conference. 3. The parties agreed to entry of an Order in the form as attached. The Father requested in a letter to the conciliator that a custody conference be scheduled upon his release from incarceration to enable him to assert any rights concerning the Child. Therefore, it is specifically noted in the proposed Order, as in the prior Order dated November 29, 2000, that the Father may petition the Court for review of the custodial arrangements upon his release from incarceration. otxarti yx/1 1 a, J-00 LS p?06/ 4 Date Dawn S. Sunday, Esquire Custody Conciliator T° Ash HARRY C. GANDY AND IN THE COURT OF COMMON PLEAS SARA J. GANDY Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-7736 CIVIL ACTION LAW WESLIA C. GANDY Defendant/Petitioner IN CUSTODY and THOMAS COLLINS Defendant ORDER AND NOW, this 12th day of April, 2006 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 19, 2006 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?v? .t _? I1? .?.? ??? ... ti ?_?? L, -? HARRY C. GANDY AND : IN THE COURT OF COMMON PLEAS OF SARA J. GANDY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW IN CUSTODY WESLIA C. GANDY, Defendant. : NO. 2000-7736 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this qsday of c" 12006, between Ms. Weslia C. Gandy, hereinafter Mother, and Mr. Harry C. Gandy and Ms. Sara J. Gandy, hereinafter Grandparents, concerns the custody of Cryshai Jordan Gandy, born September 28, 2000. Mother and Grandparents desire to enter into an agreement as to the custody of the child and intend for this Agreement to be made an Order of Court. Mother and Grandparents agree to the following, beginning June 1, 2006: 1. Mother shall have legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Grandparents shall have periods of physical custody of the child to be agreed upon by the parties. 4. Mother and Grandparents will agree upon drop off and pick up times and locations, and agree to share transportation. 5. Mother and Grandparents will agree upon which holidays the child will spend with each party. 6. Neither party will do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and respect for r. HM arry C. Gandy ana Ms. Sara J. Gandy, Plaintiffs H. Broujos, Esq sel for Plaintiffs RA ?? ROBEEINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 ORDER And now, this day of , 2006, the foregoing Agreement is approved and entered as an Order of Court. J. the other party. Counsel for Defendant C" W K HARRY C. GANDY and SARA J. GANDY, Plaintiffs V. WESLIA C. GANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-7736 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of May, 2006, upon consideration of the Custody Agreement dated May 4, 2006, and it appearing that the agreement contains an incomplete caption and that the child's father is a party to the litigation but not a party to the agreement, the proposed order will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and submit a new agreement for a stipulated order. /hn H. Broujos, Esq. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs Keith Hickman Certified Legal Intern BY THE COURT, 6111 "a G J./ esley Ole Jr., J. Robert E. Rains, Esq. Thomas M. Place, Esq. Anne MacDonald-Fox, Esq. Lucy Johnston-Walsh, Esq. William G. Martin, Esq. ,Xamily Law Clinic V 0?\ VINVO, W-ld s r.; ' ! ? ' no cZ E W8 I I ?vw 9OU ??~Cl3lf3A A4 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant :rc Sara Jane Gandy, V. Weslia C. Gandy and Thomas Collins, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 00-7736 CIVIL TERM Defendants PETITION FOR FULL CUSTODY AND NOW, comes Plaintiff Sara Jane Gandy, by and through her attorney John H. Broujos, and avers as follows: 1. Plaintiff is Sara Jane Gandy, an adult individual residing at 55 Cavalry Road, Carlisle, Cumberland County, Pennsylvania 17013. She is the mother of Defendant Weslia C. Gandy, and the grandmother of Cryshai Jordan Gandy, referred to herein as Child, daughter of Weslia C. Gandy. 2. Defendant Weslia C. Gandy currently resides at Pine Ridge Estate, Mount Holly Springs, Cumberland County, Pennsylvania, 17056. Defendant was born on June 1, 1984 at Williamsport, Pennsylvania, 17098. 3. Thomas Collins, father of Child, served a sentence for drug offenses in the Northern State Prison in Newark, New Jersey. He has been out of prison since the summer of 2008. 4. Plaintiff seeks full legal custody of Child. 5. Child was born out of wedlock on September 28, 2000, in Carlisle, Pennsylvania, 17013. 6. Child is presently in custody of her Mother Defendant Weslia C. Gandy. 7. The relationship of Plaintiff to Child is that of grandmother. 8. Defendant Weslia C. Gandy presently resides with the following individual: Name Relationship Pietro Alfeo husband 9. The best interest and permanent welfare of Child will be served by granting full custody to Plaintiff. Plaintiff has provided for a substantial portion of food, clothing, medical, and birth expenses for Child. 10. In recent months, Plaintiff has encountered the following events: a. In May 2008, Plaintiff received a call from Morgan Roberson warning Plaintiff that Weslia C. Gandy had threatened to kill her youngest child, a boy of one. b. On August 8, 2008, Plaintiff was physically assaulted by Weslia C. Gandy in front of Child. The matter is before District Justice Susan Day for hearing sometime in December, 2008. c. Plaintiff has not visited or spoken to Child, except accidentally for approximately six weeks because Weslia C. Gandy has consistently refused to permit Plaintiff to exercise her legal rights under court order of visitation. See Orders of Court set forth in paragraph 13 HISTORY OF COURT ORDERS. 11. CONCLUSION: JUSTIFYING FULL CUSTODY a. Petitioner submits that the case will prove beyond reasonable doubt that there exist numerous adverse factors endangering the best interest and welfare of Child while Child is in full custody of Weslia C. Gandy. b. Although a mother has a prima.facie right to her child over any other person, this right may be overcome in the extremities of the current case, since Weslia C. Gandy has gone beyond all socially and morally accepted norms of appropriate maternal behavior. As a result of her persistent misconduct she forfeitures her entitlement for custody. c. The moral unfitness of Weslia C. Gandy jeopardizes the normal psychological and physical development of Child. Weslia C. Gandy quarrels and fights with Pietro Alfeo in front of Child. This behavior of Weslia C. Gandy is morally repulsive and socially unacceptable. d. Weslia C. Gandy neither earns nor has adequate financial means to provide a suitable environment for Child. e. Weslia C. Gandy is not capable of ordering her personal life. Weslia C. Gandy was never married to the natural father of Child. She lacks the personal qualities of independence and self-determination that are indispensible if she wants to provide for Child care. f. Weslia C. Gandy neglects Child during her union with Pietro Alfeo. g. Weslia C.. Gandy threatens the physical, intellectual, moral, and spiritual well- being of Child. She has failed to take proper care of Child because of her inability to realize her role as a mother. h. Child is young and is highly susceptible to developing negative personal characteristics that will make her social integration difficult if not impossible later in life. i. The Court should not subordinate the best interest of Child "to a misplaced adherence to the rights ordinarily granted a mother." Thus, the Court has to "consider the best interests of [Child] rather than any presumptive or ephemeral right of mother." (Com. ex rel. Holschuh v. Holland-Moritz, 448 PA 437, 1972.) j. Even if Weslia C. Gandy offers promises to reform, the Court should consider the promises unreasonable since Weslia C. Gandy does not have the economic means, social conditions, and appropriate moral demeanor to change. She cannot change her behavior overnight. k. In granting full custody rights to Plaintiff, the Court may grant visiting rights to Weslia C. Gandy. 1. Child wholeheartedly enjoys the living environment and presence of Plaintiff. in. The age of Plaintiff, sixty five, should not be the cardinal consideration in deciding on full custody. The age of Plaintiff is a seal of maturity and wisdom since Plaintiff dedicated herself and is fit to recognize the urgent need of Child for a suitable social environment. n. A controlling factor for the current case demands a home environment of security that fosters intellectual development and physical harmony. o. Plaintiff is fit to offer the necessary and sufficient conditions that will provide a comfortable home atmosphere for Child. P. Any personal problems between Plaintiff and Weslia C. Gandy will not prejudice the well-being of Child. q. Plaintiff has standing to bring a petition for physical and legal custody of Child since Plaintiff has genuine concern for Child. The relationship of Plaintiff and Child was first started with the approval of Weslia C. Gandy via a prior order of Court. Plaintiff has assumed for more than 12 months the roles and responsibilities of a parent; and now Plaintiff deems it extremely necessary to ensure proper parental responsibilities for Child, who is substantially at risk due to parental abuse and neglect. r. The current unfavorable conditions undermine the best interest and welfare of Child and dictate grant of full custody to Plaintiff. 12. HISTORY a. Plaintiff is Sara Jane Gandy, who is the mother of Weslia C. Gandy and the grandmother of Cryshai Jordan Gandy, referred to herein as Child. Plaintiff seeks full custody of Child who was born on September 28, 2000, in Carlisle, PA. Thomas Collins, father of Child, is not married to Weslia C. Gandy. He was incarcerated for drug offenses in the Northern State Prison in Newark, New Jersey, but is presently out of prison. b. Father was not present in Carlisle during pregnancy or at birth; was aware of birth; did not pay any costs of birth; and has not seen Child since he left prison in the summer of 2008. Plaintiff provided, is capable of providing, and will provide for Child. Plaintiff has paid a substantial part of food, clothes, and medical expenses for Child, including birth costs. 13. HISTORY OF COURT ORDERS a. November 29, 2000, Maternal Parents were granted physical custody of Child and had to share legal custody with Weslia C. Gandy. b. November 8, 2005, Petition was filed to Modify Custody Rights on behalf of Weslia C. Gandy. The facts and reasons for the Petition were as follow: since Weslia C. Gandy became 21 years of age and no longer lived with her parents at their house, she had to receive physical custody of Child. c. December 15, 2005, Court modified order for physical custody of Child: Child had to spend half of the week with Maternal Parents and the other half with Weslia C. Gandy. d. November 3, 2006, Court granted Weslia C. Gandy legal and primary physical custody of Child. Grandparents were granted periods of partial physical custody. e. November 22, 2006, Amendment was introduced concerning the physical custody of Child: "Grandparents shall have periods of partial physical custody of the child on every weekend after school until Sunday evening after church, Sunday schools and other church activities." 14. RECENT HISTORY a. At approximately 11:30 a.m. on August 8, 2008, Weslia C. Gandy physically abused Plaintiff by kicking her in the chest in Pine Ridge at the parking lot while Plaintiff was picking up Journey, her second granddaughter, to spend the afternoon in Plaintiff's house. Before the accident, Plaintiff spoke with Pietro Alfeo, presently the husband of Weslia C. Gandy, whether she could come and take Journey, a child of three years. Plaintiff got permission from Pietro Alfeo and she even heard Weslia C. Gandy agreeing on the background of the phone conversation. b. Plaintiff, together with Child, arrived to pick up Journey, and while Pietro Alfeo seated Journey in the back of the car, Weslia C. Gandy started accusing Plaintiff of stealing $5,000 from her and for taking the vehicle of her father, which should have gone to Weslia C. Gandy alone. Since Plaintiff did not respond to the threatening remarks of her daughter, Weslia C. Gandy became bolder and started pulling the front door of the vehicle of Plaintiff. When Plaintiff tried to enter the car and drive away, Weslia C. Gandy kicked Plaintiff in the chest. The whole scenario happened in front of the two children, who happened to be seated in the car of Plaintiff, observing the behavior of Weslia C. Gandy. c. As soon as Plaintiff managed to escape from the assault, she drove to the police to file charges against Weslia C. Gandy. Meanwhile, Weslia C. Gandy called the state police telling them that Plaintiff had kidnapped her two children. Plaintiff had to go and take custody papers from her house, but when she came back to the police one of the papers had not been signed by a lawyer on the first place and she could not take the children with her, leaving them to the state police to take home. Currently, Weslia C. Gandy possesses full custody of Child. 15. STATUS OF PARENTS a. Weslia C. Gandy and Pietro Alfeo are not known to be employed. Plaintiff confirms that they are irresponsible and emotionally unstable. b. Pietro Alfeo served a sentence in prison for drug offenses but is now on a parole. c. In 2004, Plaintiff saw Pietro Alfeo sell drugs on the street. d. Plaintiff is aware that Weslia C. Gandy used to exchange food stamps for cash with friends. e. In May 2008, Plaintiff received an evening call from Morgan Roberson, who warned Plaintiff that Weslia C. Gandy had threatened to kill Savior, the younger (age one) of two children by Pietro Alfeo. f. In 2004, Child complained to Plaintiff that Weslia C. Gandy had told Pietro Alfeo to beat Child with a belt, which is an uncivilized and cruel method to discipline Child. Plaintiff has seen Weslia C. Gandy insult and beat Child. Child is terrified from the behaviors and actions of Weslia C. Gandy and Pietro Alfeo. g. Weslia C. Gandy has not allowed Child to visit or speak to Plaintiff since about six weeks, and on days other than when Plaintiff has visitation with Child. Thus, Weslia , C. Gandy has deliberately disobeyed an order issued by the Court concerning the physical custody agreement between Plaintiff and Defendant, which says that neither party shall do anything to estrange Child from the other. Most recently, Weslia C. Gandy after giving consent, failed to permit Child to have her birthday party with Plaintiff. h. Weslia C. Gandy has a police record. In 2003 while in Steelton, PA, Weslia C. Gandy occupied a house with individuals who dealt with drugs. Most recently, Weslia C. Gandy sheltered a man who had been wanted by the police for drug offenses. As an accomplice, Weslia C. Gandy deliberately failed to be a respectful citizen and grotesquely taunted laws, social norms, and expectations. The past behavior of Weslia C. Gandy has negative continuing effects on the people around her and the community. i. Weslia C. Gandy verbally abuses Child and once even hit her in the stomach. j. Pietro Alfeo calls Child retarded. k. Plaintiff has observed major negative changes in the behavior of Child after Child went to live with Weslia C. Gandy and Pietro Alfeo. 1. Child, a girl of seven, babysits the other two children for some hours while Weslia C. Gandy and Pietro Alfeo are not in the house. Sometimes, Plaintiff will babysit all three children since the father (name unknown) of Pietro Alfeo does not want the children in his house. m. While Child stayed with Plaintiff for half of the summer of 2008, Plaintiff covered all her expenses without receiving any financial support from Weslia C. Gandy. Plaintiff used to take Child to doctors for proper medical care while Child was at her house. n. Plaintiff has her own three-bedroom house, two cars, and financial means to support Child. o. The comforts and benefits of a stable home atmosphere and social environment are severely undermined because Weslia C. Gandy cannot maintain a single home but, instead, moves from place to place. p. Child changed four schools during the year 2007. q. Thomas Collins has made several attempts to contact Child after he left prison, but Weslia C. Gandy has determinedly refused to permit him to do so. However, since Thomas Collins has not taken proper care of Child, he may be unfit for a father or subject to abandonment of Child. WHEREFORE, Plaintiff requests this Court to grant full legal and physical custody of Child to Plaintiff. ally J hn 11. Broujos, Esquire Att ey for Plaintiff 4 North Hanover Street Carlisle, Pennsylvania 17013 No. 6268 717/243-4574 FAX# 717/243-8227 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Date: A 0 ?C m ?z ) P 1? &V404? Sara Jane Gandy, V. Weslia C. Gandy and Thomas Collins, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 00-7736 CIVIL TERM Defendants NOTICE TO THOMAS COLLINS NATURAL FATHER OF CRYSHAI JORDAN GANDY NOTICE is hereby given to Thomas Collins, the reputed natural father of Cryshai Jordan Gandy, of the petition for full custody filed by Sara Jane Gandy through her attorney John H. Broujos on November 20, 2008. Since the current address of Thomas Collins is unknown, a copy of the petition was sent by Certified Mail on November 21, 2008, both to the Northside State Prison in Newark, New Jersey where Thomas Collins is reputed to have served a sentence for drug offenses, and then apparently released and sent to 158 Hamilton Avenue, Patterson, New Jersey 07051, the prior residing address of Thomas Collins in the year of 2000. Thomas Collins' whereabouts are unknown. Respectfully submitted, Joh . Broujos, Esquire Attorney for Plaintiff 4 North Hanover Street Carlisle, Pennsylvania 17013 No. 6268 717/243-4574 FAX# 717/243-8227 Respectfully submitted, NQ Nlll\ k t SARA JANE GANDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2000-7736 CIVIL ACTION LAW WESLIA C. GANDY AND THOMAS COLLINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 26, 2008 , upon consideration 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 Street, Mechanicsburg, PA 17055 on Monday, December 29, 200$ at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es T. 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 ,?1 JAN 0 9 2009 SARA JANE GANDY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2000-7736 CIVIL ACTION LAW WESLIA C. GANDY and THOMAS COLLINS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of T 2h y D, , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Mother, Weslia C. Gandy, shall have primary physical custody of Cryshai Jordan Gandy, born September 28, 2000. 3. The maternal Grandmother, Sara Jane Gandy, shall have partial physical custody of the Child during a part of every weekend, alternating between the Weekend A schedule and the Weekend B schedule. The Weekend A period of custody shall run from Saturday at 2:00 p.m. through Sunday at 2:00 p.m. and shall begin on Saturday, January 3, 2009. The Weekend B schedule shall run from Saturday at 8:15 a.m. through Sunday at 8:15 a.m. and shall begin on Saturday, January 10, 2009. 4. All exchanges of custody shall take place at the residence of the Child's uncle, Christopher Gandy and shall take place in a peaceful and civil manner in order to promote the Child's emotional well-being. 5. The maternal Grandmother shall have periods of custody with the Child over all major holidays which may be exercised at the residence of the Child's uncle, Christopher Gandy or at other times as arranged by agreement between the Grandmother and the Mother. 6. The maternal Grandmother shall not smoke in the presence of the Child in either her residence, motor vehicle, or any other indoor space. 7. The maternal Grandmother shall ensure that her residence is reasonably clean and hygienic during periods of custody with the Child. 8. The maternal Grandmother shall not remove the Child from the Commonwealth of Pennsylvania without the advance consent of the Mother. 9. The Father, Thomas Collins, may have periods of visitation or partial custody with the Child only as arranged by agreement between the parents in advance. The Father may file a Petition with the Court if he desires a review of the custodial arrangements or scheduled custodial time with the Child. 10. No party shall do or say anything which may estrange the Child from any other party, injure the opinion of the Child as to any other party, or hamper the free and natural development of the Child's love and respect for any other party. All parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. Unless otherwise agreed between the parties in advance, all times for exchanges of custody shall be strictly followed. cc: Zhn H. Broujos, Esquire - Counsel for Petitioner Maternal Grandmother ?nne MacDonald-Fox, Esquire - Counsel for Mother Thomas Collins - Father CoP6es ..?v&CG BY THE COURT, o'. I'D Poo L I: I I WV + I NVr 6002 Ab'dI4 v Jud 3A ?O SARA JANE GANDY Plaintiff VS. WESLIA C. GANDY and THOMAS COLLINS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-7736 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cryshai Jordan Gandy September 28, 2000 Mother 2. A custody conciliation conference was held on December 29, 2008, with the following individuals in attendance: the maternal Grandmother, Sara Jane Gandy, with her counsel, John H. Broujos, Esquire, and the Mother Weslia C. Gandy, with her counsel, Anne MacDonald-Fox, Esquire, and student intern, Christina Ferreira. The Father, Thomas Collins, did not appear for the conference or contact the conciliator. The Petitioner's counsel confirmed that the Father had received notice of the conciliation conference. 3. The parties agreed to entry of an Order in the form as attached. 1 ? yGcr?L J? a? Ua Date Dawn S. Sunday, Esquire Custody Conciliator