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HomeMy WebLinkAbout07-1437CHRISTY BROWNAWELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07- 113 `y CIVIL TERM RODNEY SHANE, : ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Christy Brownawell, who resides at 5 Penny Lane, Carlisle, Pa. 17013; she is moving to 331 C. St. Carlisle, Pa. 17013 as of March 16, 2007. 2. Defendant is Rodney Shane, whose current address is unknown; however, it is believed he lives at a motel somewhere in the Carlisle area; he works at Wagner's, which has an address of 30 Woodcraft Drive, Mount Holly Springs, Pa. 17065. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Hunter Shane 3/29/00(6) Faith Circle, Carlisle, Pa. 17013 ShyAnne Shane 2/7/98(9) Faith Circle, Carlisle, Pa. 17013 Mother and Father were never married. Prior to December 2006 the parties lived in the same house and shared physical and legal custody of the children. In December 2006, Father left the home with the children and moved to Faith Circle, Carlisle, Pa. 17013. Since December 2006, Mother maintained periods of partial custody with the children. Since approximately February 25, 2007, Father took the children to his mother's house in New York and has withheld all physical custody from Mother. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Rodney Shane Faith Circle Carrie March Carlisle, Pa. 17013 Bobbie Shaffer Yvonne Shaffer, and six children. Christy Brownawell Shawn Leonard (boyfriend) Ashley Leonard (16) Ryan Leonard (12) Rodney Shane 5 Penny Lane Carlisle, Pa. 17013 Rodney Shane Rodney Shane and paternal grandmother Christy Brownawell Rodney Shane B. St., Carlisle, Pa. 17013 Mount Holly Springs, Pa. 905 Creek Road Carlisle, Pa. 17013 Dec. 2006 - March 2007 2005- Dec. 2006 2004 2003 - 2004 2002 - 2003 The mother of the children is Christy Brownawell. She currently resides at 331 C. Street, Carlisle, Pa. 17013. She is not married. The father of the children is Rodney Shane. His address is unknown. He is not married. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff lives with her boyfriend, his children, Ashley Leonard (16) and Ryan Leonard (12) and prior to the filing of this complaint, she lived with her two children, which are the subject of this petition. 5. The relationship of defendant to the children is that of Father. The persons that defendant lives with are unknown. 6. Other than listed as follows, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court other than listed as follows: A custody complaint was filed in 1998 in Cumberland County under Docket No. 98 -2173. As far as Counsel can ascertain, although a complaint was filed, the matter was discontinued, and a custody Order was never entered. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: On or about March 3, 2007, Father took the children for a visit to his Mother's in New York. The visit was to last one week. Father never returned the children and Mother is in the process of ascertaining the children's whereabouts and securing their return. Mother believes that the children have not attended school in almost two weeks. Mother is requesting that a custody Order be entered regarding the two children which would confirm that she has primary custody and prevent Father from refusing to return the children. Depending on whether Mother can secure the children's return voluntarily, she may file a Petition for Special Relief in addition to this Custody Complaint. Entry of a custody Order would be in the best interest of the children because it would ensure stability in the children's lives and prevent Father's further attempts to remove them from the jurisdiction without notice. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of a child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: 3-13 0 -1 ie Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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. /r,5 ?1 roCe?na cc? c?? Date: 3- 1 3 , p Christy rownawell, Plaintiff c. ?I-') O -r 4T t7a . 7 --G CHRISTY BROWNAWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1437 CIVIL ACTION LAW RODNEYSHANE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 29, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. IMA 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 P'-?4 `-/7 CO-of -h <? z° h L S: I I H Z- MV LODZ UNU CHRISTY BROWNAWELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1437 CIVIL TERM RODNEY SHANE, : ACTION IN CUSTODY Defendant ACCEPTANCE OF SERVICE I, Leslie Beam, Esquire, represent Rodney Shane in the above-captioned matter; I hereby accepted service of the Custody Complaint on or about the date listed below; which was filed by Plaintiff under the above-captioned number and I hereby affirm I am authorized to do so. Date: { (Intl Mechanicsburg, Pa. 17055. (717) 761-7533 ATTORNEY FOR DEFENDANT OPS & ASSOCIATES 8Y: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road; Suite 201 Camp. Hill, PA 17011 (717) 761-7573 lbeam@kopelow.com CHRISTY BROVIWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Oe dant IN THE COURT OF COMK40N PLEAS CUMBERLAND COUNTY, PA NO. 07-143-7 CIVIL ACTION - LAIN IN CUSTODY ANSWER AND C©UNTERCLAIIlfilf AND NOW COME Defendant Rodney Shane (hereinafter "Defendant" and /or "Father"), by his counsel Lesley J. Beam, Esquire, and file the following Answer and Counterclaim to Plaintiffs Complaint in Custody: ANSWER 1. Admitted in part; denied in part. It is admitted that Plaintiff is Christy Brownawell, residing at 5 Penny Lane, Carlisle, PA 17013. It is denied that Plaintiff is moving to 331 C. Street, Carlisle, PA 17013. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this portion of the averment, and therefore, such allegation is deemed to be denied and strict proof thereof is demanded. 2. Admitted in part; denied in part. Defendant is Rodney Shane, currently residing at 206 Marion Avenue, Carlisle, Cumberland County, Pennsylvania. custody and contact. To the contrary, the children's paternal grandmother, who lives in Pennsylvania, was watching the children for a couple of weeks only prior to the filing of this complaint. Mother knew at all times where the children were, and how to contact the paternal grandmother. c. Per the third subpart of this paragraph, it is admitted that the children resided with Father, Carrie March, Bobbie Shaffer, and six children in Carlisle, Pennsylvania from December of 2006 through March 2007. It is denied that this address was Faith Circle. To the contrary, said persons resided at Kingswood Terrace, Carlisle, Pennsylvania. Further, it is denied that one resident was named Yvonne Shaffer. To the contrary, said resident is named Chevonne Shaffer. By way of further answer, since March of 2007, the children have resided with Father at 206 Marion Avenue, Carlisle, Pennsylvania. It is admitted that the children resided with all of the named persons at 5 Penny Lane, Carlisle, Pennsylvania from 2005 to December of 2006. It is admitted that the children resided with Rodney Shane alone at B. Street, Carlisle, Pennsylvania for most of 2004. It is denied that the children resided with Rodney Shane and the paternal grandmother in Mount Holly Springs, Pennsylvania in 2003-2004. To the contrary, the children resided with Rodney Share alone; the paternal grandmother did not reside at that address with Father and the children. It is further denied that the children resided with Christy Brownawell and Rodney Shane at 905 Creek Road, Carlisle, Pennsylvania from 2002 -2003. To the contrary, Christy Brownawell, the Mother, did not reside at the location with Father and the children. The Mother visited that residence at most for a total of two weeks during the period of 2002-2003; her residence was elsewhere. By way of further answer, the only time that Mother lived with the children, other than at the Penny Lane address, was when the children were born. d. Per the fourth subpart of this paragraph, it is admitted in full; i.e., it is admitted that the mother of the children is Christy Brownawell, residing at 331 C. Street, Carlisle, Pennsylvania, 17013, and that she unmarried. e. Per the fifth subpart of this paragraph, it is admitted that the father of the children is Rodney Shane and that he is unmarried. It is denied that his address is unknown; to the contrary, Father currently resides at 206 Marion Avenue, Carlisle, Cumberland County, Pennsylvania. 4. Admitted in part; denied in part. It is admitted that the relationship of Plaintiff to the children is that of Mother. It is admitted that Plaintiff lives with her boyfriend and his two children. It is denied that the boyfriend's children, specifically Ryan Leonard, are the ages as stated. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this portion of the averment, and therefore, such allegation is deemed to be denied and strict proof thereof is demanded. It is further denied that prior to the filing of this Complaint, Plaintiff lived with the children who are the subject of this petition. To the contrary, as acknowledged within this very complaint, Father and the children left Mother's home in December of 2006, for which reasons Mother was aware. 5. Admitted in part; denied in part. It is admitted that the relationship of Defendant to the children is that of Father. It is denied that the persons Defendant resides with are unknown. To the contrary, Father resides solely with the children. 6. Admitted to all three subparts except that: it is presumed in the third part of this paragraph, Plaintiff meant to aver that "Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children." In the alternative, it is denied that Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. Clearly, to the contrary, Plaintiff knows of Defendant, who has physical custody of the children, and who has clear custody rights to the children. 7. Denied. It is denied that Father ever took the children to New York; to the contrary, the only home to which Father took the children was that of his mother, the paternal grandmother, in upstate Pennsylvania. It is denied that Father ever made any false statements regarding a one-week visit to the paternal grandmother. It is further denied that Father never "returned the children". Father would not be "returning" the children, as the children resided with Father and Father alone and had for several months at this time, and Mother was well aware of this fact. By way of further answer, Mother had never had the custody of the children without Father residing in the same home. Indeed, Father had and has always been the primary custodian of the children. Further, it is denied that awarding Mother primary custody in this matter would be in the best interests of the children. To the contrary, the son of Mother's boyfriend sexually molested one of the children, while that child was supposed to be under Mother's supervision. This action has resulted in the psychiatric and therapeutic care of that child. Further, Mother has repeatedly demonstrated a lack of interest in the well-being of her children, over a number of years. She has failed to ensure their school attendance; she has failed to attend to their care. Finally, Mother's own depression and mental health problems make her an unstable and tenuous parent at best. 8. Admitted. COUNTERCLAIM 9. Defendant incorporates by reference the averments contained in paragraphs one (1) through eight (8) above as if fully set forth at length herein. 10. Defendant seeks sole legal and full physical custody of the children. 11. The children were bom out of wedlock. 12. The children are presently residing with Defendant, at 206 Marion Avenue, Carlisle, Cumberland County, Pennsylvania. 13. As a clarification, during the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Rodney Shane 206 Marion Avenue March 2007 - Present Carlisle, PA Rodney Shane Kingswood Terrace December 2006 - March 2007 Carrie March Carlisle, PA Bobbie Shaffer Chevonne Shaffer Six children Rodney Shane 5 Penny Lane 2005 - December 2006 Christy Brownawell Carlisle, PA Shawn Leonard Ashley Leonard Ryan Leonard Rodney Shane B. Street 2004 Carlisle, PA Rodney Shane Mount Holly Springs 2003 - 2004 Pennsylvania Rodney Shane 905 Creek Road 2002 -2003 Carlisle, PA 14. Defendant has not participated as a party in previous litigation concerning the custody of the children. 15. Defendant does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. Defendant has been the primary caregiver during the children's lives. Until Defendant and the children moved in with Plaintiff and her boyfriend and his children in 2005, Defendant was solely responsible for raising the children. Defendant only moved in with Plaintiff because she asserted that she no longer wanted to pay child support and Defendant needed some childcare while at work. 17. During the period of 2005 through December of 2006, Plaintiff was intended to be assisting Defendant with the caretaking for the children. Instead, Plaintiff often would sleep all day, and stay up all night. On several occasions, when Defendant was out of town for work, Plaintiff did not wake to send the children to school. Plaintiff would also fail to pick up Hunter, the son, up from Kindergarten. Often the children would not be fed until eleven at night. 18. Also during that period, one of the children at issue was sexually assaulted by the son of Plaintiffs boyfriend, believed to be four years older than said child. This child is currently receiving professional care due to the trauma of this abuse. Plaintiff has refused to participate in these sessions. 19. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has repeatedly demonstrated her inability to care for and about the children. Plaintiff has been absent from the children's lives for extended periods of time. The mental and emotional well being of the children will be served if they are not exposed to the unstable and infrequent parenting of Plaintiff; b. Plaintiff has put the children's emotion and mental health in jeopardy by continuing to reside with her boyfriend and his children. Plaintiff has been informed of the sexual abuse incurred by her child, and continues to make a residence with her boyfriend and his children; c. Plaintiff is incapable of sharing the responsibility of making decisions regarding the legal custody of the children. Plaintiff routinely fails to pay attention to the needs and wants of the children, their school schedules, and even their contact information; d. Defendant has been the sole parent for extended portions of the children's' lives. Defendant has always been the primary parent for the children; Defendant knows how best to care for the children, and has never left them in a situation that was harmful. Of particular note, upon learning of the abuse of his child, Defendant immediately moved the children out of harm's way to another residence; e. Defendant is able to provide a stable and safe home and emotional environment for the children, as he has done for all of their lives; f. Defendant has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 20. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Defendant requests that this Honorable Court award Defendant sole legal custody and full physical custody of the children. Respectfully Submitted, KOPE & ASSOCIATES i Dated: 3 D By: // ! 14 AJesle B am, Esq. VEMEICATION I, Rodney Shane, the Defendant in this matter, have read the foregoing Answer and Counterclaim. I verify that my averments in this Answer and Counterclaim are true and correct and based upon my personal knowledge. I understand, that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ?-67 odn have KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1437 CIVIL ACTION - LAW IN CUSTODY I, Lesley J. Beam, Esquire, do hereby certify that on this the 16th day of April, 2007, 1 served a true and correct copy of the foregoing Answer and Counterclaim via regular U.S. First Class mail, postage prepaid, addressed as follows: Jane Adams 64 South Pitt Street Carlisle, PA 17013 KOPE &ASSOCIATES, LLC ?Lesle B am, Esq. I.D. W75 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) ?., ?- ?? ? _v? ?a? ---? _ y v ?-, ., c:_r -_ -. -, ; u.i .,? MAY 0 8 2007 CHRISTY BROWNAWELL, Plaintiff . v RODNEY SHANE, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1437 IN CUSTODY COURT ORDER AND NOW, this 7' day of rrT , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Christy Brownawell, and the father, Rodney Shane, shall enjoy shared legal custody of Hunter Shane, born March 29, 2000 and ShyAnne Shane, born February 7,1998. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. During mother's periods of temporary custody with the minor children, mother shall insure that her boyfriend's son, Ryan Leonard, is not in the presence of the children nor is he in the home at the same time as the minor children are with the mother. This restriction shall apply for mother's weekend visitation and any other time mother has temporary custody of the minor children. 4. The parties shall work the alternating weekend schedule to insure that father has custody of the minor children on Father's Day and mother has custody on Mother's day, with the time frame to be from 9:00 a.m. until 6:00 p.m. unless agreed otherwise by the parties. k",J iN t' ] 1 S .C Wd L- AV W- LOOZ APP -u, 5. Legal counsel for the parties shall conduct another custody conciliation with the Conciliator via a telephone conference call on June 15, 2007 at 8:30 a.m. cc: ley J. Beam, ? Esquire re Adams, Esquire 4 F:\FII.ES\DATAFR,E\GenerahCurrend11311\Brownaweo v Shane ConcMadon RepoR-Order.wpd JI? , s CHRISTY BROWNAWELL, Plaintiff v RODNEY SHANE, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1437 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Hunter Shane, born March 29, 2000 and ShyAnne Shane, born February 7, 1998. 2. A Conciliation Conference was held on April 27, 2007, with the following individuals in attendance: The father, Rodney Shane, with his counsel, Lesley J. Beam, Esquire, and the mother, Christy Brownawell, with her counsel, Jane Admas, Esquire. 3. Based upon the recommendation of the Conciliator which was made after his consultation with Judge Hess, the parties are willing to agree to a temporary Order in the form as attached. Date: .. r..-a7 Hubert X. Gilroy, E uire Custody Conciliat CHRISTY BROWNAWELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1437 CIVIL TERM RODNEY SHANE, : ACTION IN CUSTODY Defendant PETITION FOR SPECIAL RELIEF 1. Plaintiff is Christy Brownawell, (hereinafter referred to as "Mother"), who resides at 331 C. St., Carlisle, Pa., 17013. 2. Defendant is Rodney Shane, (hereinafter referred to as "Father"), whose current address is unknown; however, it is believed that he is living with his aunt in Virginia. 3. Plaintiff and Defendant are the natural parents of the following children: NAME DOB/AGE ADDRESS Hunter Shane 3/29/00(7) Virginia (full address unknown) ShyAnne Shane 2/7/98(9) Virginia (full address unknown) 4. A custody order was entered regarding the above-captioned matter on May 7, 2007. (Please see Exhibit A). 5. Under the prior Order, Father was to have primary custody of the children. 6. Since entry of the prior custody Order, Father moved to Virginia with the children without Mother's consent. It is believed he is living with his Aunt; however, he never provided an address or telephone number to Mother. 7. Mother has repeatedly left messages on Father's cell phone requesting he provide a telephone number and address of where he is staying with the children. 8. Father has enrolled the children in a school in Virginia without Mother's consent. Mother has been attempting to obtain further information regarding the children's school. 9. Earlier this year, prior to entry of the above Order, Father took the children to live with his Mother in upstate Pennsylvania. He did this without Mother's permission or consent, and during this time Mother was not able to contact the children. 10. Father has not consulted with or obtained permission from Mother to move to Virginia with the children. 11. Father has not petitioned the Court or obtained an Order of Court allowing him to relocate to Virginia with the minor children. 12. It is believed that Father intends to continue to reside in Virginia and has no intention to return to Cumberland County. 13. Father must show that he meets the standard set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990) in a hearing or be forced to remain in Pennsylvania with the minor children. 14. This matter was previously ruled upon by Judge Hess. 15. The opposing party does not agree with the relief requested. WHEREFORE, Petitioner/Mother requests this Honorable court to direct Father to return the children to this jurisdiction immediately and place the children in Mother's custody pending a hearing. Date: Respectfully submitted, J Adams, Esquire I. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MAY o s zom MU CHRISTY BROWNAWELL, . Plaintiff v RODNEY SHANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1437 IN CUSTODY COURT ORDER AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation report, it is ordered a directed as follows: 1. The mother, Christy Brownawell, and the father, Rodney Shane, shall enjoy shared legal custody of Hunter Shane, born March 29, 2000 and ShyAnne Shane, born February 7,1998. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. During mother's periods of temporary custody with the minor children, mother shall insure that her boyfriend's son, Ryan Leonard, is not in the presence of the children nor is he in the home at the same time as the minor children are with the mother. This restriction shall apply for mother's weekend visitation and any other time mother has temporary custody of the minor children. 4. The parties shall work the alternating weekend schedule to insure that father has custody of the minor children on Father's Day and mother has custody on Mother's day, with the time frame to be from 9:00 a.m. until 6:00 p.m. unless agreed otherwise by the parties. e 5. Legal counsel for the parties shall conduct another custody conciliation with the Conciliator via a telephone conference call on June 15, 2007 at 8:30 a.m. BY THE COURT, Judge *evin A. Hess cc: Lesley J. Beam, Esquire Jane Adams, Esquire F:\FiLES\DATAFII.E\GenerahCurrent\12321\Brownawdl r Shane ConcWadon Report-Order.wpd In Te ?rlfil I my hand and s r Th .......I ..... 1.(day I 1 CHRISTY BROWNAWELL, Plaintiff v RODNEY SHANE, Defendant Prior Judge: Kevin A. Hess 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-1437 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Hunter Shane, born March 29, 2000 and ShyAnne Shane, born February 7, 1998. 2. A Conciliation Conference was held on April 27, 2007, with the following individuals in attendance: The father, Rodney Shane, with his counsel, Lesley J. Beam, Esquire, and the mother, Christy Brownawell, with her counsel, Jane Admas, Esquire. 3. Based upon the recommendation of the Conciliator which was made after his consultation with Judge Hess, the parties are willing to agree to a temporary Order in the form as attached. Date:.. Hubert X. Gilroy, Euire Custody Conciliate( VERIFICATION I verify that the statements made in this Custody Complaint 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: q 13 ? ?Iiristy Br awell, Plaintiff C? O c° m 0-- C,l D CHRISTY BROWNAWELL, Plaintiff V. RODNEY SHANE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 1437 CIVIL TERM : ACTION IN CUSTODY Defendant ORDER OF COURT AND NOW, this z i day of A , 2007, upon consideration of the Attached Petition for Special Relief, the foll einger is hereby issued: 1. R dney Shane ' directe to mmediately urn the children to Cumberl County anti urther e of C rt. If ather is able to find ho ' g nd canno m e tely mo back o thi re jur' iction ith t children , then t childr n sha e ret e to M her d Mot shall retai ary custod o e childre further agreement or Order of Court. 2. An expedited concilation conference call shall be scheduled in this matter. 3. Father shall immediately provide his telephone number and address and any and all information regarding the children's education. 4. If the issues raised in this petition cannot be resolved through conciliation, a hearing will be scheduled at the earliest possible time. cc: ,Xeslie Beam, Esquire /ane Adams, Esquire A A l G ti; "Hi ?o 10 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibea Akoaelaw.corn CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1437 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COME Lesley J. Beam, Esquire, and Kope & Associates, LLC, and files the following Motion for Leave to Withdraw as Counsel and in support thereof avers as follows: 1. Movant is Lesley J. Beam, Esquire, and Kope & Associates, LLC, who are presently counsel of record for Defendant, Rodney Shane, in the above-captioned matter. 2. Respondent is Rodney Shane, Defendant, in the above-captioned matter, with the address of 12364 Ashcake Road, Ashland, Virginia 23005. Defendant can be reached at his phone number, (804) 798-5389. 3. Movant has represented Respondent, Rodney Shane, pursuant to the above- docketed custody action since March 22, 2007. r 4. Respondent has indicated his desire to proceed on his own in this action, and has informed Movant that he no longer wishes to retain and pay for Movant's services. In short, Respondent has indicated that Movant's services have been terminated. 5. Further, during the course of representation, Respondent moved without providing Movant with his new telephone and address. Respondent has changed other phone numbers without immediately notifying Movant of his these numbers. At one point, Movant's attempts to contact Respondent lasted over a month before Movant was able to speak with Respondent. As such, the attomey/client relationship has deteriorated to the point that it is mutually agreeable to end the relationship immediately. 6. Movant avers that the Respondent will not be prejudiced by Movant's withdrawal. 7. Movant has advised Respondent of her intent to withdraw and has provided Respondent with copies of all relevant portions of his file and will return all original documents to Respondent immediately upon the granting of this Motion. 8. Movant's withdrawal as counsel for Respondent will have no material adverse effect on Respondent's interests pursuant to Pennsylvania Rule of Professional Conduct 1.16. 9. Movant has supplied a copy of this Motion to Withdraw as Counsel upon counsel for the Plaintiff, who does concur with the Motion. 10. Movant, Lesley J. Beam, Esquire, and Kope & Associates, LLC, respectfully request that they be allowed to withdraw as counsel for Respondent due to the mutual termination of the attomey/client relationship. ip. WHEREFORE, Movant respectfully requests that this Honorable Court permit Lesley J. Beam, Esquire and Kope & Associates, LLC, to withdraw as counsel for Respondent, Rodney Shane. A 2?? Date: / q?q :n Z ? ( _ esley J. a squire & SS t KOPE IATES, LLC Supreme Court ID #91175 s CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on September 10, 2007, 1 served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Rodney Shane 12364 Ashcake Road Ashland, VA 23005 (Respondent) Jane Adams 64 S. Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC Suite 201 Camp Hill, PA 17011 (717) 761-7573 t7 ° ? __.? -v ?, r?*? .,., ?? ? 'C ro ' 2: --- ?? -, ro ? -c r . -? SEP 11 2004v CHRISTY BROWNAWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RODNEY SHANE, : NO. 07-1437 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of September, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hear' is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the day of 211-, 2007 at . 50A.m. At this hearing, the father, Rodney Sh e, shall be the moving party and shall proceed initially with testimony with respect to his relocation to the state of Virginia. Father shall proceed with presenting testimony in accordance Gruber v. Grmiper 400 PA.Super 174 (1990. 2. Pending further Order of this Court, this Court's prior Order of May 7, 2007 shall remain in place. 3. It being indicated to the Conciliator at the Custody Conciliation Conference that the father's counsel may be petitioning to withdraw in this matter, such petition should be promptly filed and father's counsel should insure that a copy of this Order is provided to the father in a prompt fashion so that his ability to obtain other legal counsel well in advance of the scheduled hearing is not prejudiced. BY THE COURT, cc: e Adams, Esquire H e J. Beam, Esquire A. Hess FAFILEMCllents112321 Custody Coneidations\Broweawell v Shane Conciliation Report-OrderLwpd J )dNnoo J 1 1 .9t RV € ? d3S E Z -. AWIQ-NDUOW 3u 40 le CHRISTY BROWNAWELL, plaintiff v RODNEY SHANE, Defendant Prior Judge: Judge Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1437 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Hunter Shane, born March 29, 2000 and Shyanne Shane, born February 7,1998. 2. A Conciliation Conference was held on September 10, 2007, with the Conciliator speaking with legal counsel for the parties on the telephone 3. The prior Order in this case entered on May 7, 2007 provided father with primary physical custody and mother with periods of liberal temporary custody including alternating weekends. Father has since relocated to Virginia without giving mother any specific notice and without seeking any accommodation to mother relative to her visitation schedule. 4. Mother requests a hearing to see if the Court would grant her primary custody of the minor children in light of father's relocation. The Conciliator recommends an Order in the form as attached. Date: q11 I b'7 411-Ifl. , , Hu ert X. G oy, Esquire Custody Co ciliator CHRISTY BROWNAWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-1437 CIVIL RODNEY SHANE, Defendant IN CUSTODY IN RE: PETITION FOR LEAVE TO WITHDRAW AS COUNSEL ORDER AND NOW, this z C-` day of September, 2007, a rule is issued on all parties to show cause why the relief requested in the plaintiff's counsel's petition for leave to withdraw ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 44L 610 Wd SZ d3S LODZ A8ViQNU -.Udd 3HI ?O MIId O-GIId r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamAkopelaw.com CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1437 CIVIL ACTION - LAW IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner Lesley J. Beam, Esquire, and motions this Court to make absolute the Order that it issued in this matter on September 25, 2007, and in support of said Motion states as follows: 1. On September 13, 2007, Petitioner filed with this Court a Petition for Leave to Withdraw Appearance. 2. On September 25, 2007, the Honorable Kevin A. Hess issued a Rule to Show Cause, ruling all parties to show cause why Petitioner's Petition to Withdraw Appearance should not be granted. A true and correct copy of said Rule to Show Cause is attached hereto and incorporated herein as Exhibit A. 3. The Order/Rule was returnable twenty (20) days from the date of service. 4. On September 27, 2007 said Rule to Show Cause was served via First Class Mail upon Plaintiffs counsel at 64 South Pitt Street, Carlisle, Pennsylvania 17013. 5. On September 27, 2007, said Rule to Show Cause was served via First Class Mail upon Petitioner's client, the Defendant, at his current address, 12364 Ashcake Road, Ashland, Virginia 23005. 6. More than twenty (20) days have passed from the date of service of the Rule to Show Cause upon Plaintiff's counsel and Petitioner's client, the Defendant, yet neither Plaintiff nor Defendant have filed a response to the Rule to Show Cause. WHEREFORE, Petitioner Lesley J. Beam, Esquire, respectfully requests that this Court make absolute the Rule to Show Cause issued on September 25, 2007 and grant Petitioner's Petition for Leave to Withdraw as Counsel. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: ley Jl*an6, Esquire Date: ?v ! ? ?? VERIFICATION I, Lesley J. Beam, the Petitoner/Movant in this matter, have read the Motion to Make Rule Absolute. I verify that my averments in Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: 0 U -2 -?42 zd 694y J. B squire CHRISTY BROWNAWELL, Plaintiff vs. RODNEY SHANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1437 CIVIL : IN CUSTODY IN RE: PETITION FOR LEAVE TO WITHDRAW AS COUNSEL ORDER AND NOW, this z lc` day of September, 2007, a rule is issued on all parties to show cause why the relief requested in the plaintiff's counsel's petition for leave to withdraw ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 4 dzx Kevin A. Hess, J. CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on October 18, 2007, 1 served a copy of the within Motion by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Rodney Shane 12364 Ashcake Road Ashland, VA 23005 (Respondent) Jane Adams 64 S. Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Lesley d'?eaft Esquire 4660 Trrndle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 t^> rv t °° ?? z? ° -r? c? ? :1 'r N -rr rr? _ ... . ? ?i L ? ^- --?-• 4 1 OCT s s 2007 #'' KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam _kopelaw.com CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1437 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this Z!!?` day of cc3ts.,_ - , 2007, upon consideration of the Petitioner's Motion to Make Rule Absolute, and upon Respondents' failure to answer the Rule to Show Cause issued in the above captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Petition for Leave to Withdraw Appearance is GRANTED. Petitioners will be withdrawn upon filing a Praecipe with the Prothonotary. BY THE COURT: Cq 'i1 WV SZ i30 LODZ l ;" i C' `v C.7 -&Hi jo r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa-kopelaw.com Attorney for Defendant CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1437 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOARY: Please enter counsel for Defendant, Rodney Shane's withdrawal in the above captioned matter per the Order dated October 25, 2007 of this Honorable Court. Respectfully Submitted, KOPE & ASSOCIATES, LLC /,9!I; By: Lesley . 86am, Esquire I D# 9 175 4660 Trindle Road Suite 201 Camp Hill, PA 17011 717-761-7573 Attorney for Defendant r- CC, 1 13 20 A/ ? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com CHRISTY BROWNAWELL, Plaintiff, vs. RODNEY SHANE, Defendant. Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1437 : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of (0-1 UJIL , 2007, upon consideration of the Petitioner's Motion to Make Rule Absolute, and upon Respondents' failure to answer the Rule to Show Cause issued in the above captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Petition for Leave to Withdraw Appearance is GRANTED. Petitioners will be withdrawn upon filing a Praecipe with the Prothonotary. BY THE URT: is] J. '0' V CERTIFICATE OF SERVICE I, Lesley J. Beam, do hereby certify that on this the 29th day of October, 2007, 1 served a true and correct copy of the foregoing Praecipe to Withdraw as Counsel via regular U.S. First Class mail, postage prepaid, addressed as follows: Rodney Shane 12364 Ashcake Road Ashland, VA 23005 (Respondent) Jane Adams, Esq. 64 S. Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Lesley Beam, Esquire 4660 indle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 } , , CD 11 CHRISTY BROWNAWELL, Plaintiff V RODNEY SHANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1437-2007 CIVIL TERM IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 28th day of November, 2007, following hearing, the court takes the matter under advisement with authority to counsel to submit any case authority with regard to the Gruber issues presented in this case, and in addition to propose to the court an order for partial custody in her client should her request for primary custody be denied. It is ordered and directed that the children involved remain with their mother following this hearing until Sunday at 6:00 p.m., at which time they will be returned to their father. The parties to meet for the purpose of transportation of the children in Germantown, Maryland. By the Court, Kevi A. Hess, J. Jane E. Adams, Esquire Counsel for Mother Rodney Shane, Pro se ??dPl?s Kaf?? 12364 Ashcate Road Ashland, VA 23005 :bg 9 •6 WV 6Z AON IQ?Z