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HomeMy WebLinkAbout03-2654TERRYANNE GRACE, Plaintiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- ~/,~'~' CIV1L TERM :CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff, Terryanne Grace (hereafter "Grandmother"), is an adult individual who resides at 197 Holiday Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendants are Tammy Baswell (hereafter "Mother"), an adult individual who resides at 2513 South 48t~ Street, Kansas City, Kansas, 66106 and Martin McDonald (hereafter "Father") an adult individual who resides at 15B East Derry Road, Hershey, Dauphin County, Pennsylvania, 17033. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Rebecca Ryen Kumler 197 Holiday Avenue 9 Mechanicsburg, PA (DOB 6/1/94) The child was born out of wedlock. The child lives with Grandmother who resides at 197 Holiday Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, pursuant to a written agreement in which Mother gave Grandmother the guardianship of the child. (A copy is attached as Exhibit A.) In addition to the written agreement, Mother and Grandmother had an oral agreement that the child was to live with Grandmother for two (2) to three (3) months while Mother's husband, Thomas Baswell, (hereaflcer "Stepfather") was ill. At the date of this complaint, the child has resided with the Grandmother for the last year and five (5) months. During the past five years, the child has resided with the following persons and at the following addresses: Individuals Address Date Terryanne Grace Jackie Freeburn 197 Holiday Avenue Mechanicsburg, PA 1/02- present Tammy Baswell Thomas Baswell, Sr. Katie Baswell Thomas Baswell, Jr. Mackenzie Baswell Nathaniel Baswell 2513 South 48th St. Kansas City, KS 8/00 -1/02 Tammy Baswell Thomas Baswell, Sr. Katie Baswell Thomas Baswell, Jr. Mackenzie Baswell 2513 South 48~ St. Kansas City, KS 10/99 - 8/00 Tammy Baswell Thomas Baswell, Sr. Katie Baswell Thomas Baswell, Jr. 2513 South 48~ St. Kansas City, KS 6/98 - 10/99 The mother of the child is Tammy Baswell, currently residing at 2513 South 48th Street, Kansas City, Kansas, 66106. She is married to Thomas Baswell, Sr. The father of the child is Martin McDonald, currently residing at 15B East Derry Road, Hershey, Dauphin County, Pennsylvania, 17033. He is single. 4. The relationship ofplaintiffto the child is that of maternal grandmother. The plaintiff currently resides with the following persons: Name Rebecca Ryen Kumler Jackie Freeburn Relationship Granddaughter Former sister-in-law 5. The relationship of defendant Mother to the child is that of biological mother. The defendant currently resides with the following persons: Name Relationship Thomas Baswell, Sr. Katie Baswell Thomas Baswell, Jr. Mackenzie Baswell Nathaniel Baswell Husband Step-daughter Step-son Daughter Son 6. The relationship of defendant Father to the child is that of biological father. The defendant currently resides with the following persons: Name Wendy (last name unknown) Brittany (last name unknown) Relationship Girlfriend Girlfriend's daughter 7. Plaintiff filed a Petition for Special Relief Seeking Emergency Custody today. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff is best able to provide the care and nurturing which the child needs for healthy development; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff exercises parental duties and enjoys the love and affection of the child; e) The child has established a strong psychological bond with Grandmother; f) Plaintiff has encouraged a relationship with the child's biological father. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her legal and primmy physical custody of the child and allow Father partial physical custody as agreed by Plaintiff. June 4, 2003 Erin L. Benson Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 VERIFICATION I verify that the statements made in this 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. Plaintiff Exhibit CC: Terryanae Grace From: Tammy Lorraine Baswell Date: 1/23/2002 R~: Rebecca Kumier Parental rigid. I hereby give my mother Ten, anne Grace guardianship ofmydanghterR, ebeccaKuraler. Shewill be under her care for the remaining of this school year and through the rest of this year. I give Terryanne Grace to give her any medical attention that she will need while in her care. Her father is Martin Mcdonald. There is no contact or conversations between him to us. Any further information can be given as needed. Tammy Baswell TERRYANNE GRACE, Plaimiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants :IN TI-I~ COURT OF COMMON PLEAS OF iCUMBERLAND COUNTY, PENNSYLVANIA iNO. 03- c~b$"4tCIVIL TERM :CUSTODY PRAECIPE TO PROCEED 1N FORMA PAUPERIS Kindly allow Terryanne Grace, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date Erin L. Benson Certified Legal Intern THO ROBER'T~. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North pitt Street Carlisle, PA 17013 717-243 -2968 TERRYANNE GRACE, Plaintiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 4th day of June, 2003, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Terryanne Grace, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Rebecca R. Kurnler, bom June 1, 1994. Petitioner states the following in support of her Petition for Special Relief: 1. Plaintiff, Teriyanne Grace (hereafter "Grandmother"), is an adult individual who resides at 197 Holiday Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiffis the child's maternal grandmother and has standing, pursuant to 23 Pa.C.S.A. § 5313, as she stands in loco parentis to the child. 3. The Defendants are Tammy Baswell (hereafter "Mother"), an adult individual who resides at 2513 South 48~ Street, Kansas City, Kansas, 66106 and Martin McDonald (hereafter "Father") who resides at 15B East Derry Road, Hershey, Dauphin County, Pennsylvania, 17033. 4. The Defendants are the biological parents of, the minor child, Rebecca R. Kumler, (hereafter "child") born June 1, 1994. 5. Since January 2002, Rebecca has resided with Grandmother at Mother's request, and by written consent of the Mother to be the child's guardian. (Attached as Exhibit A) 6. The child's stay with Grandmother was originally intended to last for two (2) or three (3) months. 7. Mother has not visited the child for the last year and five (5) months that she has resided with Grandmother. 8. In the last year and five (5) months, Mother has sent only three (3) letters to the child, two of which were responses to letters written by the child to her Mother. 9. Mother speaks with the child over the phone approximately twice a month. 10. Since her birth, the child had no contact with her Father, until six (6) weeks ago. In the past six (6) weeks, the child has visited with her Father approximately fifteen (15) times. 11. Grandmother has encouraged and supported the development of a relationship between the child and her Father. 12. On June 2, 2003, Mother contacted Grandmother and threatened to come to Pennsylvania to take the child to Kansas. 13. Grandmother has filed a custody complaint simultaneously with this Petition for Special Relie£ 14. Grandmother has established a strong bond with the child as the child's primary caretaker. 15. Grandmother believes it is in the child's best interest to remain with her at this time, pending custody conciliation. WHEREFORE, Grandmother requests the Court to grant her legal and primary physical custody of the child, with Father to have periods of partial custody as agreed to by Grandmother, pending a custody conciliation on this matter. June 4, 2003 Erin L. Benson Certified Legal Intern THOI~S I~. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243 -2968 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 unswom falsification to authorities, Plaintiff Exhibit CC: Tenyanne Grace From: Tammy Lorraine Baswell Date: 1/23/2002 Re: Rebecca Kumler Parental ~lhtS. I hereby give my mother Ter~yanne Grace guardianship of my daughter Rebecca Kumler. She will be under her care for the remaining of this school year and through the rest of this year. [ gi~ve Terryanne Grace to give her any medical attention that she will need while in her care. ~nfOer father is Martin Mcdonald. There is no contact or conversations between him to us. Any further nmtion can be given as needed. Tammy Baswell TERRYANNE GRACE, Plaintiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants JUN 0 5 2003 :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- 3~,s't/CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, this ~a~ day ofv ~ 2OO3, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. Effective immediately, tl~ PI,2,,d,~"~ T~,j .... O .... , ~1...111 .... l~sol and p~hmary pr_y::_: ....... ; ......... L:_- 7_5.~, Rebecca Ryen Kumler, pending fu'rt~ Court. Father shall have partial physical custody as the Plaintiff agrees. A hearing regarding this Petition for Special Relief is hereby scheduled ~ for the ~.l'~day of 7~'~' ~ 2003 at $.'~ o'olookSU Cou~room Number ~ , Cumberl~d County Cou~house, C~lisle, Pe~sylv~a 17013, at w~ch time the p~ies, ~ong with their leg~ counsel, s - TERRY ANNE GRACE PLAINTIFF TAMMY L. BASWELL AND MARTIN J. MCDONALD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-2654 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective coansel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 31, 2003 at 8:30 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE. COURT. By:. /si Hubert X. Gilroy. Esq. Custody Conciliator ~lae Court of Common Pleas of Cumberland County is required by law to comply ~vith 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 he 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 ATTOIC2qEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~[~rlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pe~msylvania 17013 Telephone (717) 249-3166 TERRYANNE GRACE, Plaintiff IN THE COURT OF CO~ON PLEAS OF CUMBERLAi~D COUNTY, PENNSYLVANIA : v. : NO. 03-2654 CIVIL TERM : CUSTODY TA/~I~Y L. BASWELL and MARTIN J. McDONALD, Defendants IN RE: PETITION FOR SPECIAL RELIEF RDER F RT AND NOW, this 12th day of June, 2003, after consultation with the parties, and it appearing to the Court that the child has been in the care and custody of her maternal grandmother continuously since January of 2002, and it further appearing that a complaint for custody has been filed, we will enter a Temporary Order pending conciliation. This Order is temporary in nature only and is not meant in any way to reflect how we would decide this matter based upon a full hearing on the merits. The Temporary Order is designed only to preserve the status quo consistent with the safety and welfare of the child. With that in mind, it is hereby ordered and directed as follows: 1. The child shall remain in the care and custody of her maternal grandmother, Terryanne Grace, pending the conciliation conference and/or further Order of this Court. 2. Father shall be entitled to periods of partial physical custody of the child as agreed to by Plaintiff. Provided, that said periods of partial physical custody shall not be on an overnight basis until further Order of Court. 3. Mother may have periods of partial physical custody with the child as Plaintiff agrees. 4. No party shall remove the child from this Court's jurisdiction without further Order of Court. The Court Administrator is directed to schedule a custody conciliation as soon as practical. Mother shall be notified of all proceedings her address at 2513 South 48th Street, Kansas City, Kansas, 66106. Father and grandmother shall be notified of all proceedings through their respective counsel. By the Edward E. Guido, J. at Erin L. Benson, Certified Legal Intern Lucy Johnston-Walsh, Esquire Family Law Clinic For the Plaintiff Jarad W. Handelman, Esquire For Defendant Martin J. McDonald Tammy L. Baswell 2513 South 48th Street Kansas City, Kansas 66106 Court Administrator srs TERRYANNE GRACE, Plaintiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- 2654 CIVIL TERM :CUSTODY CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Intern, hereby certify that a copy of the Custody Complaint, Order of Court dated June 12, 2003 signed by Judge Guido and Order of Court dated June 12, 2003 signed by Custody Conciliator, Hubert Crilroy was served on Tammy L. Baswell at 2513 South 48th Street, Kansas City, Kansas, 66106 by depositing a tree and correct copy of the same in the United States Mail, registered mail, return receipt, postage paid in Carlisle, Pennsylvania on June 19~, 2003. The same was also served upon Jarad W. Handelman, Esq., attorney for Martin J. McDonald, at P.O. Box 650, Hershey, PA 17033, by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid. Date: Certified Legal Intern FAMILY LAW CL1NIC 45 North Pitt St. Carlisle, PA 17013 (717) 243-2968 _ Registered No. PS Form 3806, Receipt for Registered Mail Copy I - Customer June 2002 (See Information on Reverse) For delivery information, visit our website at www. usps.com ® · Complete items 1, 2 and 3. Also complete item 4 f Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to' the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: · 2, Article Number (Transfer from servk~e label) ~ Form 3811, August 2001 Agent C. Date of Delivery D. Is delivery address d~erent from item 17 [] Yes If YES, enter delivery address below: [~ No 3, Service Type ~ ['~ Express Mail '~"~egistered [] Return Receipt for Merchandise [] Insured Mail 1'3 C,O.D. 4. RestriCted Delivery? (Extra Fee) [] Yes Domestic Return Receipt 102595-02-M.0835 TERRYANNE GRACE, Plaintiff V TAMMY L. BASWELL and, MARTIN J. McDONALD, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2003 - 2654 CIVIL : : IN CUSTODY CO~TO~ER AND NOW, this ~g~r4 day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The above captioned action is consolidated with a prior action involving the parties at Docket Number 95 - 5353. 2. A temporary custody order is entered as follows: The Maternal Grandmother, Terryanne Grace, the Mother, Tammy L. Basweil, and the Father, Martin J. McDonald, shall enjoy shared legal custody of Rebecca Ryen Kumler, born June 1, 1994. Physical custody of the minor child shall be such that the Maternal Grandmother shall retain primary physical custody of the child for the school year starting August 25, 2003. From that point on, the Father, Martin J. McDonald, shall enjoy periods of temporary physical custody of the minor child as agreed upon by the parties. After August 25, 2003 and in the event the Mother is in the Cumberland County area, Mother shall enjoy temporary physical custody with the minor child at that time. The Mother shall enjoy physical custody with the minor child for the remainder of the summer with the Mother to return the minor child to the Maternal Grandmother on the Saturday before school begins. Counsel for the parties shall work between themselves in an effort to arrange transportation for the minor child to go from Cumberland County to Kansas. In the event the parties are unable to reach an agreement on that issue, counsel for the parties may contact the conciliator directly and the conciliator may submit a modified order to this court to address the transportation issue. The non-custodial parent or Maternal Grandmother shall enjoy reasonable telephone contact with the minor child when the child is in the custody of another party. A heanng is scheduled in Courtroom No. ~t~_, on~the~4~ Floor of the CqmberJand. County Courthou,~.e, on the ~ day of ~ , 2003 at ~ ~_.M. At this hearing, the Maternal Grandmother, Terryanne Grace, shall be the moving party and shall proceed initially with testimony. Counsel of the parties shall f'de with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date· In the event either party retains a professional psychologist or professional custody evaluator to be involved in this case, the party having custody of the minor child shall ensure that the child is available to attend any evaluation or custody sessions and, if requested, the parties will make themselves available for any evaluation sessions. Edward E. Guido ~l~ee Osterling, Esquire arad Handelman, ~rin L. Benson Esquire 07- 09-03 TERRYANNE GRACE, Plaintiff V TAMMY L. BASWELL and, MARTIN J. McDONALD, Defendants Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2003 - 2654 CIVIL : : 1N CUSTODY CONCILIATION CONFERENCE SUMI~IARY ~REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Rebecca Ryen Kumler, born June 1, 1994. A Conciliation Conference was held on July 31, 2003, with the following individuals in attendance: The Maternal Grandmother, Terryanne Grace, with her representative, Erin L. Benson, of the Dickinson School of Law Family Law Clinic; the Father, Martin J. McDonald, with his counsel Jarad Handelman, Esquire; and present on behalf of the Mother, Tammy L. Baswell, who resides in Kansas was Attorney Lee Osterling. This is a case that was before Judge Guido on June 12, 2003 for a conference in Chambers and involves a situation where a 9 year old child has been living with her Maternal Grandmother in Cumberland County for the last year and a half. The Mother is now seeking return of the child to Kansas. The Maternal Grandmother suggested that the child is better off staying with her, and the Maternal Grandmother is seeking primary physical custody of the minor child. The Father has recently reentered the picture in the child's life and the Father is supporting the Maternal Grandmother's claim, especially because Father resides in Hershey and has been able to exercise periods of temporary custody with the minor child now that the child is in Cumberland County. The Mother may seek to have some type of psychological evaluation performed or may even seek to have a custody evaluation performed in advance of a hearing. The conciliator consulted with Judge Guido with respect to a temporary order pending a hearing, and the conciliator is recommending that the child remain in the Maternal Grandmother's custody for the school year until a full hearing on the merits may be held. However, the conciliator is of the opinion that the Mother should exercise custody with the minor child for the remainder of the summer subject to appropriate arrangements being made between the parties. The conciliator recommends the entry of an order in the form as attached. Law Offices of Lee E. Oesterling, LLC 42 East Mare Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TERRYANNE GRACE Plaintiff / Respondent Vo TAMMY L. BASWELL Defendant / Petitioner MARTIN J. MCDONALD Defendant No. 2003-2654 Civil Action-Petition to Conduct In Camera Interview With Child PETITION TO CONDUCT IN CAMERA INTERVIEW WITH MINOR CHII Tammy L. Baswell, Defendant in the above captioned action, by and through her attorney, Lee E. Oesterling, Esquire, brings this, her Petition to Conduct an In Camera Interview with Minor Child pursuant to Rule 1915.11 of the Pennsylvania Rules of Civil Procedure and avers as follows: 1. Petitioner is Tammy L. Baswell, Defendant in the underlying Custody Action. 2. Respondent is Terryanne Grace, Plaintiff in the underlying Custody Action. 3. The Petitioner is the natural mother of the child Rebecca Kumler (DOB: 6-1-94), age 9. 4. The custody of Rebecca Kumler is the subject of this litigation, which is scheduled for a custody hearing on October 6, 2003. 5. Petitioner, Tammy Baswell, lives with her husband and Rebecca's siblings McKenzie (4 y/o) and Nathaniel (2 y/o) at 2513 South 48th Street, Kansas City, Kansas 66106. 6. Petitoner, Tammy Baswell believes that the best welfare and interest of the child, Rebecca Kumler, would be served by awarding primary physical custody of the child to petitioner during the school year. 7. The Supreme Court of Pennsylvania has held that while a child's preference is not controlling it is an important factor to consider in determining best interests. Martin v. Martin, 386 Pa Super328, 562 A2d 1389 (1989). 8. Pennsylvania Rule of Civil Procedure 1915.11 (b) provides in part that The Court may interrogate a child in open court or chambers, in the presence of the attorneys and the interrogation shall be part of the record. 9. In order to amplify and provide a complete record in an atmosphere that minimizes any detriment to the child petitioner requests that the court conduct an in camera interview with Rebecca immediately prior to the October 6, 2003 hearing. Petitioner further requests that counsel for all parties be present at said interview. 10. Petitioner believes that an interview with the child will be helpful to the court to explore the child's relationship with her siblings and the nature of her relationship with the parties to this action. 11. Both counsel for Petitioner Erin Benson and Jarad Htmdleman, Esquire for Defendant, Martin McDonald have been sent a copy of this Petition on this date. 12. Petitioner has sought the consent of Respondent for the relief requested herein, however, consent has not been forthcoming. 13. Petitioner has attached hereto a proposed Order and Rule to Show Cause, Rule Returnable in 5 days, due to the close proximity of the hearing date and the fact that the probative value of a child's testimony in a custody proceeding is well established in law. WItEREFORE, in accordance with Pa R.C.P 1915.11 (b), Petitioner respectfully requests this Honorable Court to: (a) Order the parties to assure the child's attendance at the hearing; (b) Order the child to be present prior to the heating for the Court to conduct an in camera interview with the child for the purpose of determining the child's adjustment to and preference as to custodial environments; (c) Order the interview to be conducted in the presence of counsel and on the record Respect~ /Lee~. Oest~i Supreme Court I.D.//71320 42 East Main Street Mechanicsburg, PA. 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TERRYANNE GRACE Plaintiff / Respondent TAMMY L. BASWELL Defendant / Petitioner MARTIN J. MCDONALD Defendant No. 2003-2654 Civil Action-Petition to Conduct In Camera Interview With Child ORDER AND NOW, this ~ day of ~" ~/~ ,2003, upon consideration of the attached Petition to Conduct In Camera Interview With Child and pursuant to the Court's authority under Pa. R.C.P. 1915.1 l(b), it is hereby ORDERED that the parties make the child, Rebecca Kumler, available to appear in Judge's Chambers at~,'~.m on ~ ,2003 for the purpose of conducting an in camera interview with the child. It is further ORDERED that only cotmsel for the parties shall be present during the interview and that the interview shall be part of the record. TERRYANNE GRACE, Plaintiff TAMMY L. BASWELL and, MARTIN J. MCDONALD, Defendants DEC 3 ? 2003 :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- 2654 CIVIL TERM :CUSTODY CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this I ~ day of ~ , 2003, between Terryannc Grace, (hereinafter Grandmother), Tammy L. Baswel], (hereinafter Mother) and Martin J. McDonald, (hereinafter Father), concerns the custody of the child, Rebecca Ryen Kumler, (hereinafter the Child) bom June 1, 1994. Grandmother, Mother, and Father, each being represented by counsel, desire to enter into an agreement as to the custody of the Child as follows: 1. All parties shall share legal custody of the Child with the understanding that whichever party has physical custody of the Chikt at any given time will have full authority to make decisions in the best interest of the child. If any significant medical situations arise with the Child, the party with physical custody of the Child will notify the other parties as soon as reasonably possible. 2. Grandmother shall have primary physical custody of the Child until December 24, 2003. In the event that Mother is in Cumberland County, Pennsylvania, before December 24, 2003, she shall enjoy temporary physical custody of the Child. 3. From the date of this agreement to December 24, 2003, Father shall have physical custody of the Child every other weekend, from Friday at 7 p.m. to Sunday at 7 p.m. If Father is scheduled to work during his custodial weekend, the Child shall be in the custody of Grandmother during his work hours. Father shall provide all transportation. Mother shall have primary physical custody of the Child beginning December 24, 2003 subject to the following: a) Grandmother and Father shall share physical custody of the Child during her summer breaks from school. Mother will provide that the Child is ready to travel to Pennsylvania within t/hree (3) days after the last day of each school year. The Child shall return to Mother at least seven (7) days prior to the start of the next school year. Transportation expenses for the Child's trip to and from Pennsylvania during her summer breaks will be shared equally among the three parties to this action. b) Grandmother and Father shall share physical custody of the Child on an alternating week basis during her summer breaks. In the case that Father is working during his custodial period, Grandmother shall have physical custody of the Child during his work hours. Father will provide all transportation of the Child to and from Grandmother's home. c) Grandmother and Father shall have the right to share physical custody of the Child during her Christmas holidays from school. Other than the December 24, 2003, flight to Kansas for which Mother shall be responsible, Grandmother and Father will assume the transportation expenses for the Child's travel to and from Pennsylvania during her Christmas holidays. Grandmother or Father must notify Mother of their intention to exercise custody over the Child during Christmas vacation no later than November 15th of each year. Grandmother and Father will divide physical custody of the Child so that each party gets equal time with her during her Christmas breaks, provided that one of them shall have custody of the Child for Christmas Eve and the other shall have custody of her Christmas Day, alternating yearly. If Father does not pay his fair share of the Child's transportation expenses, as outlined by this agreement, Grandmother shall retain physical custody of the child during her time in Pennsylvania, subject to his right to visit the Child. No party may transport the Child without a valid driver's license, or allow others to do so. Mother shall provide Grandmother and Father with the Child's medical insurance information, card and appropriate claims forms, while the Child is in their custody, and execute whatever documents are necessary so that the Child may be provided with medical cam. All parties shall be entitled to reasonable telephone access with the Child, which is presumed to be tl~ree times a week, while she is in the custody of another party. Other family members, including the Child's Aunt, Lorie Wagarman, shall be allowed reasonable telephone access within the above parameters. The Child shall have the unfettered ability to communicate with any of the parties, without interference, including that there be no recording of the conversations. No party will do anything which may estrange the child from another party, or injure the opinion of the Child as to another party, or which may hamper the free and natural development of the Child's love and respect for another party. No 10. party shall speak ill of another party in the presence of the Child nor allow others to do so. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. Terry~nne Grace Plaimiff Defendant~ Erin L. Benson // Lee Oeste~elS~gS~s~. ~' Certified Legal Intern / Robert E. Rains, Esq. SUPERVISING ATTORNEY 42 E. Main St Mechanicsburg, PA 17055 Counsel for Defendant Mother Martin M~Donald Defendant Jarad Handelman, Esq. 134 Sipe Ave. Hummelstown, PA 17036 Counsel for Defendant Father FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff Approved and Entered as an Order of the Court. Date Edward E. Guido, J.