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Home My WebLink About99-02535 t'1 'I ~ i I , ~l I t I ~ G' '\ ~ , " //. i , , - . . , .0;) : ... , <::Jj I lc)l ..,1 'oj ~l 1 . i Qo-, ()o-i .1 ~! . / , '>-- <"\ \j- ',. -.J ~,J "-' "2 ~~ N ..........,~ ~ ~ o '6 -i Q (' ~ ; i', (", ("''; . ' (,' i: . (~" ;' . , 1.", " (',~ , , :1 ! : ~ ' ! , ' (' I . '. ".I ::r: ~ ~ . ~ ~ ~ 0 - r:-:t::: :;: U . ::s =< ~~ ~ . ~~ Vl i"z ~ ~~ ~ ~ '..r,~ 'f. ~ Ci I" - ~, ::u E:;. ~ - ;=::: z 0 .'0 ~::r: i7,(". ~i ~ .'... . O[ B 8 ~ort: 'I) Z.j.J > r:E: .... .0: ~ ...;cc :.r. .' i& ...."""': ~ i& 2'" ::: 2i ~~ ~ S == !::::;:: (5 ::r: ." tJ '- t) cc ~~ I 0 I::i APR 2 7 199\ WHEREFORE, Petitioner respectfully requests that Your Honorable Court set an emergency hearing so as to set, temporarily, the parties' rights herein in regard to custody of the parties' child, Lucas David Carey, Respectfully submitted, Date: LlI21 ! C(c7 ~)~MU--- Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 , ~ " . ",'. , " ,~;.'" , ' . . , . '", ", , " . . I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 13 4904, relating to unsworn falsification to authorities, /l. fa Amanda N, Carey DATE: ..., f 2(.. I q I) , . ,I, ,,', . , " " t'.. .. I ' AMANDA N, CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO,Q<j-.1SJS CIVIL' If'r2.J'l : IN DIVORCE vs, CLINTON 0, CAREY, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, 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 Libertv Avenue , Carlisle, PA 17013 Telephone (717) 249-3166 . , . . ,'. J' " . , ' , I' ..,' , ,,' , ,', " , I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C.S, S 4904, relating to unsworn falsification to authorities, !l,t~ AMANDA N, CAREY Date: J{f ~ 19 . : - , , t, \: . '\ ,......, '. ' ,,'''' /', ' " "', , ,'. . :. . , _" . ' , , '. " , ~, . . ~."' ' >. (,. In v, ", (' , (" i.,: ' '." , , , ("': (, , .'.'. \,1 ~ - '" "" M ~ ~ '" I- <5 - "" ~ !> Z ~ ~ ~ 0:: ~ - U < ~~ ~ Z ~ '" ::i '" ~ ;<; ! ~I ~ ~ U ~ .~ 0 ,. (5 Q2 z '" ~ ~ ." ~ .~ . Cl Iii ~ <: " z ,~ :> :i c:l " ~ ~ i~ ~ ~ ~ z t; ~ ~ ffi ~ "" ~ ~ ~~ ~ H C2 !: \5 t3 c:l (.) (:, ~ [) Z H - . , 1/'h :,~, I~::~ "' Mr'r(,~ 7 199f AMANDA N, CAREY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO,99-c9S1S CIVIL TERM IN CUSTODY Vs, CLINTON D, CAREY Defendant ORDER OF COURT ~ AND NOW THIS -=- day of ~\ ,1999, upon consideration of the attached complaint, it is hereby directed'that the parties and their respective counsel appear before \ \..1'T\ -\. y." (:>\ \ ( 0'--\ I t~ ,~ \ , the conciliator, at "\-( 1.\1'1 ~ {~,~(\rT'\ A. rc r~~-<:-On he d') day of ,'Is\-L. , 1999 at \lY..~Cl ~.IP.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. BY THE COURT, BY ~~'):.~\\)i\~/\) f1J . , Custody Conciliator 0 V (\\) ') 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 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 ,. , , . '. " . , ,~ ", -'. ',' , ' .. . " '. ,',' nL;~'.~" --()~Tt:'~t j~i~ -, ' ' " ',~'--',,::~)'1";\f1Y Q,"!'rV1u'!V''1,\Q ...') ',!' \ jl L' v eLl:',',. >. _ ,,:' :1'~'lY i;~:>::-\,-';Y:_\,'i "\!:,'\ -S/t), ff' ad'. tlP,;p ~'a..4;.' i; a4 tJ'~ .5/CJ,ff' 71c>tru ~....4~ h dd>/ .s:/tJ''lf' t2, . // . '7:,'// J~ ~ ~~......... ;II,~~'p ~ . . " . - ., '., . (b) from April 14, 1999 to present with Amanda N, Carey at the same residence. The natural mother of the child is Amanda N. Carey, She is married, The natural father of the child is Clinton D. Carey, He is married, 4. The relationship of the Plaintiff to the child is that of natural mother, The Plaintiff currently resides with Lucas D, Carey, 5, The relationship of the Defendant to child is that of natural father, 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, 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. 7, The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the child since his birth and is capable of providing the care a child needs .....". I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. AMANDA N. CAREY DATE: ,4(2-& Ic;e, ( I . - .' " . ", "'.',' j " .: " ' '.,'.':.' :',' , . '. .., -. '.,: ~. . AMANDA N. CAREY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CLINTON D. CAREY, Defendant 99-2535 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, April 30, 1999, in Courtroom Number 4. APPEARANCES: ROBERT L. O'BRIEN, Esquire For the Plaintiff KRISTEN GODDARD DONSEN, Esquire For the Defendant , '. ,',' ,. . . ", ' , , -' . , \ " 1 THE COURT: I understand there is a 2 resolution, at least temporarily? 3 MR. O'BRIEN: Yes. In connection with the 4 upcoming conciliation conference, which has not yet been 5 set, the parties need a temporary order, without prejudice 6 to either party to argue it before the conciliator or the 7 court at a later date for changes. But since it is a very 8 young child, a couple months old, the arrangement that we 9 talked about was that the father, Clinton D. Carey, would 10 have times of temporary physical custody of the son, Lucas, 11 born February 5th of 1999, on alternating weekends, during 12 the daylight hours of Saturday and Sunday, as arranged by 13 the parties. As well as one week night, to be picked up at 14 the baby-sitter, and returned home at 8:00 on the 15 weeknights following the weekend that he had temporary 16 physical custody. And two weeknights on the next week. 17 THE COURT: Following the weekend when he 18 had been out of custody? 19 MR. O'BRIEN: When he had been out of 20 custody, yes. 21 22 23 TilE COURT: A~d how old is this child? MS. DONSEN: Close to three. TilE COURT: Bottle feeding? MR. O'BRIEN: Breast and bottle. MS. DONSEN: Which is why there is a problem 24 25 2 . ',i,' .', ',' ,'.".. :': '. ,', : . ""'.,' :...' ..., " '-, :.. ': :', '1.\ ".' . \' ': ! 1 with overnights. 2 THE COURT: Sure. I understand. I have 3 three of my own. 4 MR. O'BRIEN: So that's what the resolution 5 is, Your Honor. If we could have that as a temporary 6 order. 7 THE COURT: What I will do is a one sentence 8 order. And Now, this 30th day of April, 1999, the 9 agreement of the parties as announced in open court is 10 herewith made a temporary order of court. Unless there is 11 any questions about what was just said. Mr. Carey, do you 12 have any questions about that? 13 MS. DONSEN: I am just wondering if there 14 should be a specific time set for Saturday and Sunday, or 15 if that should be something that's mutually agreed upon. 16 THE COURT: What was the time period that 17 you had been talking about? 18 MS. DONSEN: Well, I guess we hadn't really '.,' . . , , ~ ' .. . . , ,', I.,' , ,". ; ,'-' . " . , , \ : ' ;' ',' '. ' .~ , ' " :..' . " " 19 addressed that specifically. 20 THE COURT: My understanding from what Mr. 21 O'Brien said was that this was going to be by agreement on 22 the weekend. 23 MR. O'BRIEN: We could put in a minimum of 24 six or eight hours per day. But I think we have to work 25 around the child's schedule. 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE COURT: Right. MS. DONSEN: That's fine. , " " ,.' ,.' ',. "" ' ....: ., - : '.' .' , , THE COURT: Good luck to you both. MR. O'BRIEN: Thank you, Your Honor. (End of proceedings.) 24 25 4 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. [O:<'.d),lAa t. .J;:h~L~~_ Barbara E. Graham Official Stenographer ----------------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. t11~ zy I1rp Date -/Iii A. Hess, J. Judicial District 5 , . - " ",' , . t,'. ,"" ',: \ ,/, t' .' I :" ' ; , '. - ~ .,' " , . . .,~..;,J.::~..~,".~. JUN 2 3 1999vJ I; AMANDA M. CAREY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION. LAW CLINTON D, CAREY, Defendant NO. 99.2535 CIVIL IN CUSTODY COURT ORDER AND NOW, this ;p,J. day of June, 1999, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy, Esq. Custody Conciliator . .' '. I . "... , , " ':' .'. - . :,',' - . .".":' I , , . 0,'.' ",.'0.0: ". .....' ~ " " ,'",''' ','_, 'I. :' " . '\ ' , -.,. (~~ ,-. ,..... ~, .., c...; I ...., '. ~.. , " 1 ,.,' ',. ' .' ' , . . .' ",', '. . . '".'. . . . . . '.