HomeMy WebLinkAbout07-6317ROBERT D. ROTH,
PLAINTIFF
V.
BRANDY ADAMS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO. O7 , ?7 C: ej cL' Q
CUSTODY ACTION
COMPLAINT FOR CUSTODY
1. The Plaintiff is Robert D. Roth residing at 128 West Portland Street,
Apartment 11, Mechanicsburg, PA 17055.
2. The Defendant is Brandy Adams residing at 118 East Penn Street,
Carlisle, PA 17013
3. Plaintiff seeks custody of the following child:
Name Present Residence Age
Caden James Adams East Penn Street 5 months (DOB: 5/12/07)
Carlisle, PA
4. The child was born out of wedlock.
5. The child is presently in the custody of Defendant who resides at the
above referenced address.
6. During the past five (5) years, the child has resided with the following
persons and at the following addresses:
Persons
Defedant
Defendant
Address
East Penn Street
Carlisle, PA
7073 Spring Road
Shermansdale, PA
Dates
10/07-present
Birth-10/07
7. The Mother of the child is the Defendant. She is single.
8. The Father of the child is the Plaintiff. He is single.
9. The relationship of the Plaintiff to the child is of father. The Plaintiff
currently resides with himself, at the above referenced address.
10. The relationship of the Defendant to the child is that of mother.
The defendant currently resides with herself and the minor child at the above referenced
address.
11. Plaintiff has not participated as a party or witness or in another capacity in
other litigation concerning custody of the child in this or another Court.
12. Plaintiff has no information of a custody proceeding concerning the child
pending in a Court of the Commonwealth or any other state.
13. 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.
14. The best interest and permanent welfare of the child will be served by
granting the relief requested because father desires to play an active and nurturing role
in the development of the child and the relationship would be in the best interests of the
child.
15. 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, Robert D. Roth, requests the Court to grant the parties shared
legal custody of the child, award Defendant primary physical custody and provide him
periods of partial physical custody of the child.
By:
Respectfully s
NEALON, C70V t & PARRY
vl?
James G. Nealon, III, squire
Attorney I . D. #46457
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
. ....
VERIFICATION
I, Robert D. Roth, verify that the statements made in the foregoing
Complaint are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to
authorities.
ROBERT D. ROTH
Dated:
C? 3
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ROBERT D. ROTH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2007-6317 CIVIL ACTION LAW
BRANDY ADAMS IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, October 31, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on
Friday, December 07, 2007 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 pennanent 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/ ohn . Man an r. Es .
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
Viz, ?Z 18 1- fiON Lu?Z
.a,? 3G
ROBERT D. ROTH,
Plaintiff
V.
BRANDY ADAMS,
Defendant
JAN 26 nkrl_?d
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6317 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this day of January, 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Robert Roth, and the Mother, Brandy Adams, shall have shared
legal custody of Caden James Adams, born 5/12/2007. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: The Mother shall have primary physical custody of the Child subject to
Father's partial physical custody as follows:
a. On January 29, 2008 and on February 1, 2008, Father shall have physical
custody of the subject Child for a half of a day at paternal grandmother's
residence, the times to be mutually agreed upon.
b. On February 2, 2008 and on February 3, 2008, Father shall have physical
custody of the subject Child from 1:00 pm until 4:00 pm.
C. On February 6, 2008 and February 7, 2008, Father shall have physical custody
of the subject Child for a half a day at paternal grandmother's residence, the
times to be mutually agreed upon.
d. On February 12, 2008 and on February 15, 2008, Father shall have physical
custody of the subject Child for a full day at paternal grandmother's residence,
the times by mutual agreement.
e. On February 16, 2008 and on February 17, 2008, Father shall have physical
custody of the subject Child from 1:00 pm until 4:00 pm.
f. On February 20, 2008 and on February 21, 2008, Father shall have physical
custody of the subject Child for a full day at paternal grandmother's residence,
the times by mutual agreement.
g. The transportation and exchange locations shall be by mutual agreement.
h. Father shall have additional periods of physical custody of the Child as mutually
agreed to.
i. Said schedule (i.e. in week one, Father has Tuesday and Friday full days and
Saturday and Sunday from 1:00 pm until 4:00 pm and in week 2, Father has
Wednesday and Thursday full days) shall continue pending further Order of
Court or mutual agreement.
3. It is specifically understood that Father's physical custody of the subject Child at paternal
grandmother's residence is contingent upon paternal grandmother's physical ability and
willingness to assist with day care for Father's physical custody two days between Monday and
Friday. Should a problem arise in this regard, the parties are directed to contact the assigned
conciliator to attempt to resolve.
4. Holidays and Birthdays: A holiday schedule shall be alternated by agreement or if desired,
established on the March 12, 2008 status update conciliation at 1:00 pm.
5. Mother and Father shall make ensure that proper car seats/restraints are used during the
transportation of the subject Child and that all necessary and proper medical equipment,
supplies and medications are available for the subject Child.
6. The parties are directed to ensure that during any periods of physical custody of Caden, the
environment for Caden is conducive and safe for Caden's health and well-being.
7. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled. The parties or any third parties are directed to
immediately notify the other parent should any significant concerns be noted regarding Caden's
health or well-being.
8. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. This Order is entered pursuant to 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.
10. A status update conciliation conference is hereby scheduled for March 12, 2008 at 1:00 pm.
J.
Distribution: G
,,ark Mateya, Esquire
J
L, times Nealon, Esquire '
VJehn J. Mangan, Esquire ?hq
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-1_, . _ _?
ROBERT D. ROTH,
Plaintiff
V.
BRANDY ADAMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6317 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CWM PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Caden James Adams 5/12/2007 Mother
2. A Conciliation Conference was held with regard to this matter on December 21, 2007
and continued until January 25, 2008 with the following individuals in attendance:
The Mother, Brandy Adams, with her counsel, Mark Mateya, Esq.
The Father, Robert Roth, with his counsel, James Nealon, III, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo gan, Esquire
Cus ody Conciliator
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007 - 6317
BRANDY ADAMS, CIVIL ACTION -LAW
Defendant IN CUSTODY
PETITION FOR SPECIAL RELIEF
1. Petitioner is Plaintiff, Robert D. Roth, an adult individual residing at 128 W.
Portland Street, Apt. 11, Mechanicsburg, Pennsylvania 17055.
2. Respondent is Defendant, Brandy Adams, an adult individual residing at 118
East Penn Street, Carlisle, Pennsylvania 17013.
3. The parties are the natural parents of one (1) minor child being, Kaden J.
Adams, born May 12, 2007.
4. The child was born out of wedlock.
5. Pursuant to the Order of Court dated January 28, 2008, the parties share legal
custody and Respondent is the primary physical custodian of the child. Father
has periods of physical custody on an alternating week schedule of week one
being Tuesday and Friday all day and Saturday and Sunday from 1:00 p.m. to
4:00 p.m. and week two being Father having Wednesday and Thursday all day.
6. Pursuant to the Order dated January 28, 2008, an additional update conciliation
was held on March 12, 2008 with Conciliator, John Mangan.
7. Based on the additional conciliation, Father's time was expanded to overnights
on Friday through Sunday during week 1. The matter was to proceed to trial on
Father's requests for additional custodial time. However, no hearing has been
scheduled to date since no conciliation report has issued despite requests to
Conciliator Mangan regarding the status.
8. The child has had significant health issues since birth, which are continuing,
including problems with his heart, lungs and stomach that have required
surgery. Specifically, the child has been on oxygen since birth, had open heart
surgery in June, 2007 to repair holes in his heart and repair a valve that was
closing, had a stint placed in his right lung in November, 2007, has a gag reflex
while eating, tubes in his ears, grinds his teeth and cannot sleep through the
night.
9. Presently, there is a very strict regimen for the daily administration of various
2
medications to the child.
10. The child, who is fifteen (15) months old, was hospitalized two weeks ago with
lung problems. He has been discharged from the hospital; however, his lungs
remain in poor health.
11. The child is currently in daycare at Kindercare, which is a private day care that
does not have any special accommodations in attending to the medical needs of
the child. Respondent works at the daycare, but not in the area which Kaden is
kept.
12. Petitioner's mother, the child's paternal grandmother, has offered to assume all
daycare responsibilities for the child at no cost so that he is in a healthy and
safe environment free from contact with other children and their juvenile
illnesses and physically rough behavior.
13. The child's physician has stated that the child would benefit from being in a
home care situation. (See Letter from Carlisle Pediatrics dated August 15, 2008
responding to a letter from Petitioner's counsel dated August 14, 2008. Both
letters are attached as Exhibit A)
14. It must be noted that the paternal grandmother has been certified in all
necessary CPR training and is knowledgeable of the daily regimen and
necessities of the child. She is currently a non-smoker.
15. By letter dated August 12, 2008, from Petitioner's counsel to Respondent's
counsel, Petitioner has requested that the child's paternal grandmother provide
day care for the child.
16. Respondent's counsel provided his letter dated August 13, 2008, that his client
will not agree to same. A copy of counsel's letter is attached as Exhibit B.
17. It is in Kaden's best interest to be in the care of his paternal grandmother as
they have a strong bond together and she is better able to provide one-on-one
attention to his medical needs.
18. In light of the current hospitalization, prompt removal of the child from
Kindercare and placement with the paternal grandmother for day care is
essential.
19. Counsel for Respondent indicates that the child should be kept in Kindercare
because of its close proximity to Carlisle Hospital. It is noted that the child's
4
primary hospital is Hershey Medical Center. It is also noted that Petitioner's
mother currently lives approximately 10 miles from Carlisle Hospital. Also, it
is averred that she will be relocating on or about September 10th to a new
residence within two miles from Holy Spirit Hospital and its Ortenzio Heart
Center. Medical care is very near.
20. The Honorable Judge Guido has previously been assigned to this matter.
21. No concurrence of counsel for Respondent has been received.
WHEREFORE, Petitioner requests this Honorable Court enter an order allowing
removal of the child from Kindercare daycare facility and placement of the child with
the paternal grandmother for day care until further agreement of the parties or order of
court.
Dated: August 18, 2008
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
5
EXHIBIT "A„
FROM :CARL PEDS FAX NO. :7172436708 Aug. 15 2008 10:33AM P2
CARLISLE PEDIATRIC ASSOCIATES
A PROFESSIONAL CORPORATION
STEPHEN J, KREBS, M.P. HOLLY C. HOFFMAN, M.D.
J. LYNN HOFFMAN, M.D. ELISEO ROSARIO, JR., M.D.
DEBORAH RAUBENSTINE, M.D. ELENA MAN, M.D.
DIANNA RUDY. PA-C
804 BELVEDERE STREET, CARLISLE, PA 17013
Aug. 15, 2008 243-1:,43
Barbara Sumple-Sullivan, Esq.
549 Bridge St.
New Cumberland, PA
Dear Barbara,
li am happy to clarify the two questions you raise in your letter of August 1, 4, 2008. First,
regarding Daycare Attendance, ALL children will have fewer illnesses when taken care
of by a, family.member in their own homes (i temper this statement with the fact that this
is true if there are no cigarette smokers in the home as well; second-hand smoke exposure,
even on clothing and furniture, is almost as bad as daycare). i have attached relevant data
to support both of these assertions. Particularly given Kaden's premature lung disease
and recurrent wheezing, this is true. lie had at least two hospitalizations for RSV
brochiolitis that were the direct result of exposure to RSV at daycare. Dr. Lynn
Hoff..man's letter of 8-12-08 accurately asserts that there i5 no contraindication to
Kaden's daycare attendance. That is NOT the same thing as saying that it would be better
for his health that he not be around so many other un-related children.
With regard to Kaden's repeated "no-shows" for scheduled appointments, this is standard
office policy here and in, most medical offices. We ask two business hours of advanced
notice for cancellations so that we can fill the time slot that has been cancelled. On 4-
23-08, Mr. Roth failed to show for or cancel a half-hour consult appointment. On 8-13-08,
he called after hours to cancel an 8:30 wn appointment the .following morning. That
means that there were not two hours of time when the appointment desk was open to be
able to fill the cancelled appointment; this results in both a loss of income to the practice
and forces another patient wait longer for care that they want and need. Patient.-, are
warned in bold print on a. yellow poster immediately next to the sign-in sheet at our
check-in desk about no-shows and consequences, I have attached that highly visible
policy, as well. Please make sure that both parents understand that if this occurs one
more tine, they will be dismis4ed from the practice.
Thank you for the opportunity to clarify these issues- With Regards,
E
Holly C. Floffman NM
FROM :CARL- PEDS FAX NO. :7172436708 Aug. 15 2008 10:34AM P3
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FROM :CARL PEDS
FAX NO. :7172436708 Aug. 15 2008 10:35AN P4
PASSIVE SMOK
visits, and more admissions to the hospital. These
children are also less likely to outgrow their asthma.
In addition to asthma, passive smoking makes the
following conditions worse:
¦ pneumonia
¦ coughs or bronchitis
¦ croup or laryngitis
• wheezing or bro nchiolitis
s inf umiza (flu) -
A ear infections
¦ middle ear fluid and blockage -
¦ colds or other upper respiratory tract infections
¦ sinus infections
w sore throats
¦ eye irritation
N school absenteeism for all of the above.
Finally, after years of passive smolcing, your child
may have twice the risk of lung cancer in adulthood
as children who have not been exposed to cigarette,
smoke. This is true even if he never takes up smoking.
HOW TO PROTECT YOUR CHILD
Give up isrnoking. It is especially urgent that you quit
smoking if you are pregnant because of the high risks
to your unborn baby. It is also very important to stop
smoking if you are breastfeeding your child.
You can stop smoking if you get help. Sign up for.
a stop-smoking class or program. Set a target date
for quitting. We can provide you with information
about quitting smoking and discuss the options with
,you. Self-help readinn mstei i.als are available from
the National Cancer Institute (call the toll-free hot
line: 1-8004-CANCER) or your local chapter of the
American Lung Association or Amcrican Cancer So-
ciety. Nicotine )rum or patches can help you quit and
are usually covered by medical insurance. Talk to
your doctor about this.
The Surgeon General wants'the United States to
become a smoke-free society by the year. 2000. If you
don't want your children to become smokers, set a
good example. Children whose Barents don't smoke
are much less likely to start smoking than children
of siunokers.
44 C(QNTFMP!ORARY P ..C)IATFiICS
I,f'you can't quit smoking, Change yaur smoking hab..
its. Some parents find it difficult to give up smoldlIg.
entirely, but all parents can change their smokilly
habits. Try to smoke only when you Eire away from
home. If you cannot totally avoid smoking at home;
smoke only outside, such as in the garugre. or on tl?c;
porch. If these options are not available to you, clesig.
nate a smoking room within your home. Keep the
door to this room closed, and open the window frone
time Lo Lime W leg: in fresh iur. Nero.' zi shirt over your
clothes when you're in this room to prevent your
clothing; h-om collecting smoke, and le:avr, l.he shirt in
the roam when you're finished smoking. Never allow
your child inside the smoking room. Don't smoke in
other parts of the house, and apply the same rule to
visitors.
Never smoke while hold'i'ng yaaer child. If you cannot
eonLrol your smoking habit by smoking outside the
house or in a separate room, at least avoid smoking
when you are near your child. This pr•ocaution will
reduce his exposure to smoke and protect him from
cigarette burns. Never smoke in a car when your
child is a passenger, azid don't allow other; in the car
to smoke. Never smoke when you are feeding or
bathing hinn. Never smoke in yoCLr child's bedroom.
Even doing this much will help protect your child to
some degree.
Do not leave your child svith a carstakt r•who smokes.
If your child has asthma, this safeguard is crucial.
Ask About smoking when you are looking for a day-
care center or interviewing baby-sitters, If you ad-
vertise for a baby-sitter, specify "nonsmoker" in the
ad, and also be sure to ask candidates directly
whether they smoke. Do not leave your child with rel-
atives who, smoke, or at least ask them not to smoke
around your child.
Adapted from Schmitt BD; Your Chitp's Health, od 2. New Yurk, Bantam
Books, Inc„ 1991,
This parent information aid on passivo smoking may be photocopied anCt
di:,lribute<f to pirenfs without permission of the publisher.
.t .
FROM :CARL PEDS FAX NO. :7172436708 Aug. 15 2008 10:35AM P5
Carlisle Pediatric Associates
*** NO SHOW POLICY ***
a
The relationship between doctor and patient is a two-way street. There are
rights and responsibilities on both sides. When you make an appointment to
see one of our doctors or our physician's assistant, that time is set-aside just
for you. We attempt to conf irm appointments a day in advance but ultimately
you are responsible to mark your calendar to assure you are available to
keep the appointment. If you miss your appointment it creates several
problems:
1) Lost time that could have been used by another patient;
2) It demonstrates a lack of basic courtesy and respect f or
our Physicians and our practice.
Listed below are the consequences we
impose for missed appointments.
We do understand there could be a circumstance when you are unable to
arrive for appointments. However, if this becomes a pattern for your family's
appointments, there will be consequences involved. If you have missed an
appointment in our office we ask you to be sure to keep future appointments
or cancel them with a two-hour advanced notice to avoid being considered a
"no show Last minute cancellations still result in lost appointment times.
• If you have missed store than one appointment in'. the past 12 months:
You will be billed $ "d 15.00 for the 2 "no shown".
• If. you have missed several appointments within the past 12 months:
You may be billed for the. full amount of an office visit, and you
are in danger of being discharged from the practice.
• If you .have repeatedly missed appointments within the past 12 months :
OUR OFFICE POLICY: If your family has had S no show
appointments within a year you may be asked to find another
practice that better meets the needs of your schedules.
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
NEw CUMBERLAND, PENNSYLVANIA 17070-1951
PHONE (717) 774-1445
FAX (717) 774-7059
August 14, 2008
Carlisle Pediatric Associates
804 Belvedere St.
Carlisle, Pennsylvania 17013-4001
VIA FAX and REGULAR MAIL
Re: Kaden Adams
Dear Doctors:
I represent Mr. Robert Roth, father of your above referenced patient. I am writing
to attempt to clarify certain issues which seem to be conflicting advice in regard to his
care. Mr. Roth and the child's mother, Brandi Adams, need clear direction concerning
care of this child. They are young and are dealing with the stressors incident to care and
acceptance of a profoundly ill child. The purpose of this letter is to clarify what should
and needs to be occurring.
The first point concerns the appropriate daycare environment for the child. My
client desires to limit the exposure of Kaden to unnecessary illness and safety concerns
and is able to provide care in his mother's home. My client indicates that the child is
principally, seen by Dr. Holly C. Hoffman and that Dr. Hoffman has indicated to him that
the child would benefit from being in a home care situation. His paternal grandmother has
taken all the necessary CPR training. In light of the recent hospitalization of Kaden for his
lung problems, we have renewed our request that this occur and desire to bring this matter
for decision by the court. After approaching counsel for Ms. Adams, I was then faxed a
letter from Dr. Lynn Hoffman dated August 12, 2008 indicating that Kaden has "ho
identified medical contraindication to daycare attendance. Please clarify this discrepancy
in advice so we can act accordingly.
Also, I received the attached letter from Attorney Mateya where in he indicates
that you are threatening to cancel care for the child. This is supposedly to occur because
my client cancelled an appointment he scheduled for Wednesday. My client advises that
due to his work schedule, he could not bring the child in for an appointment and that he
left two calls (one on Tuesday night) and a second confirmation on Wednesday morning
of this fact. Attorney Mateya indicates that you are charging for that appointment because
no cancellation call had been received. Please clarify this matter additionally. If there is a
charge, please advise of that amount, as well as your cancellation policy for my client's
future reference.
This letter is written solely with the hopes of getting some fundamental
understanding on these important issues. I am also providing a copy of this letter to the
attorney for Brandi Adams. Thank you. I look forward to response.
S' cere yo ,
Barbara Sumple-Sullivan
BSS/cds
Enclosures
CC: Mark Mateya, Esquire
Robert Roth
EXHIBIT "B"
08/13/2008 17:04 FAX 7172413099 MARK MATEYA Eq Z002
MATEYA LAW FIRM
A PROFESSIONAL CORPORATION
P.O. Box 127
Boiling Springs, Pa 17007
Phone 717-241-6500 Fax 717-241-3099
www.mateyalaw.com
August 13, 2008
Barbara Sumple-Sullivan Esq
549 Bridge Street
New Cumberland PA 17070
Re: Adams v. Roth
Custody
Dear Attorney Sumple-SOlivan,
I am writing in response to your letter of August 12, 2008, concerning the request for the
paternal grandmother to provide day care for our clients' son. My client is not agreeable to the
request. It is my client's -)osition that she is more readily accessible to her child and is more in
tune with Kaden when he is having medical difficulties. When Kaden is at day care, the Carlisle
Hospital is also more accessible in order obtain emergency treatment should Kaden require same.
My client has pro-v ided a copy of correspondence from Kaden's physician indicating that
Kaden's medical conditioi i does not preclude; him from attending day care. I enclose a copy for
your review. The day care takes extraordinary steps to ensure his safety from being in contact
with children with illnesses who are attending day true.
Prior to your enteri ag the case on behalf of Mr. Roth, I repeatedly asked for a copy of Ms.
Roth's infant CPR certification. Prior counsel advised that she did have this certification,
although. we have never seen the certification. 1 would appreciate having a copy of her infant
CPR certification at your earliest convenience. My client was not allowed to bring Kaden home
from the hospital at his birch until she had successfully completed the infant CPR certification.
process. I believe your cli.,nt and the paternal grandmother should be held to the same standard.
Leave A Legacy
08/1312008 .17:04 FAX 7172413099 MARK MATEYA Eq
Barbara Sumple - Sulliviin, Esq.
August 13, 2008
Page Two
Q003
My client reported. to me today that Mr. Roth scheduled an appointment with Kaden's
pediatrician yesterday and did not show up for that appointment, nor did he call to cannel it. My
client is now being chargod for same. I would request that Mr. Roth reimburse Brandi for the
missed appointment. I ani told that this is the second time that Mr. Roth has scheduled a medical
appointment with the pediatrician and failed to show up at the appointment without calling to
cancel. The pediatrician Las advised Brandi that if one more appointment is missed without
calling beforehand to cancel, the pediatrician will no longer accept Kaden as a patient. I would
appreciate your discussing! this issue with Mr. Roth as Brandi does not want to find a new
pediatrician for Kaden.
In the recent past, 1 he therapist has reported back to Ms. Adams that while she was
conducting a therapy session. with Kaden while he was at Mr. Roth's home that Mr. Roth had
given. Kaden foods which lie was specifically asked not to give him due to Kaden's reflux
problems. When Kaden. rcturn.s to Ms. Adams after being given foods which are not to be given
to him, Kaden then becomes sick. Mr. Roth continues to disregard instructions which Ms.
Adams gives him daily concerning Kaden's care.
Finally, Mr. Roth cancelled the therapist's session with Kaden yesterday without
consulting with Ms. Adam;;. I believe it is in Kaden's best interests to have both parents make
joint decisions concerning Kaden's care. i would appreciate your speaking to your client about
consulting with Ms. Adam:. prior to cancelling any further appointments for medical and/or
therapy sessions.
It is my client's desire to keep Kaden enrolled at Kinder Care where he is presently
enrolled as opposed to the paternal grandmother-providing daycare on a full time basis.
If you have any que.,:tions, please feel free to contact me_ I may be reached at (717) 241-
6500 or by e-mail at mamfu matevalaw.com.
Sincerely,
4f1a?
Mark A. Mateya, Esq.
MAM/aa
Enclosure
Leave A Legacy
08/13/r20?081? 7:0ino *: QC 5 FAX/ 7172413099 I17-249-4951 MATEYA Eq
CARLISLE PEDIATRIC ASSOCIATES
A PROFESSIONAL CORPORATION
No, 1074
STEPHEN J. KRE13S, M.D. HOLLY C. HOFFMAN, M.D.
J. LYNN HOFFMAN. M.D_ ELI$EO ROSARIO, JR., M_D.
DEBORAH RAUBE'NSTINE, M.D. ELENA MAN, M.D.
DIANNA RUDY, PA-C
804 BELVEDERE STREET, CARLISLE, PA 17413
243-1943
August 12, 2008
RE: Kaden Adams
DOB: 5/12/07
To whom it may concern:
Kaden has no identified medical contraimdication to daycare attendance. He may
require nebulized bronc hodilators mte=tten ly for c=crbataons of his wheezing.
Sincerely,
van lY
M.D.
Q] 004
P. 1/1
fLH/alg
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH,. IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDY,ADAMS,
Defendant
NO. 2007 - 6317
CIVIL ACTION -LAW
IN CUSTODY
VERIFICATION
I, Robert D. Roth, hereby certify that the facts set forth in the foregoing Pleading, are
true and correct to the best of my knowledge, information and belief. I understand that any false
statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
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Dated:
ROBERT D. RO
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH, IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007 - 6317
BRANDY ADAMS, CIVIL ACTION -LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the
PETITION FOR SPECIAL RELIEF, in the above-captioned matter upon the following
individual(s) by fax and first class mail, postage prepaid, addressed as follows:
Mark Mateya, Esquire
PO Box 127
Boiling Springs, PA 170
DATE: August 18, 2008
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDY ADAMS,
Defendant
: NO. 2007 - 6317
CIVIL ACTION -LAW
IN CUSTODY
RULE
AND NOW, this day of , 20089 it is Ordered and Decreed
that Defendant shall file a Rule returnable within U days of the date of
this Order to show cause why Plaintiff's Petition should not be granted. Failure to timely
file said Rule will result in Plaintiff's Petition to be GRANTED.
(OR)
A hearing is hereby scheduled to be held before the undersigned, in Court Room
No. 3- of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing
at v?• d f m. on a 32008.
BY
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add 6 1 5nv aw
ROBERT D. ROTH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-6317
: CIVIL ACTION - LAW
BRANDI N. ADAMS,
Defendant : IN CUSTODY
PETITION FOR CONTINUANCE OF
HEARING SET FOR AUGUST 26.2008 ON
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Defendant, Brandi N. Adams, by and through her counsel, Mark A.
Mateya, Esquire, and in support avers the following:
1. A Petition for Special Relief was filed by Plaintiff on or about August 18, 2008.
2. A Rule was entered on August 19, 2008, scheduling a hearing for August 26,
2008, scheduling a hearing on Plaintiff's Petition for Special Relief.
3. The issue to be determined in Plaintiff's Petition for Special Relief relates to the
minor child being removed from daycare and placed with the child's paternal grandmother for
day care.
4. Defendant's counsel received a telephone call on August 25, 2008, from
Defendant advising him that Defendant had received an urgent telephone call from the day care
facility where the infant child was attending and that the infant was spitting up blood and an
ambulance had been summoned to transport the minor child to the hospital.
5. Defendant advised her counsel by telephone early morning August 26, 2008, at
multiple issues have arisen with the child while he was at the emergency room in Hershey
Medical Center.
6. Defendant has been advised by Hershey Medical Center that there will be 1 to 2
medical procedures performed on the minor child today which will require him to be under
anesthesia and that Defendant should be present while those medical procedures take place.
7. Defendant's counsel has advised opposing counsel of the aforementioned medical
emergency and has requested her concurrence in rescheduling the hearing on Plaintiff's Petition
for Special Relief. Attorney Barbara Sumple - Sullivan was not available to give her concurrence
or non-concurrence.
8. This matter has previously been assigned to the Honorable Judge Guido and the
present matter is scheduled before the Honorable Judge Guido.
WHEREFORE, upon consideration of the foregoing, it is respectfully requested that this
Honorable Court reschedule the hearing on Plaintiff's Petition for Special Relief at the earliest
possible date convenient for the Court.
Respectfully submitted,
Lkk-
Mark A. Mateya, E wire
Attorney ID No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Counsel for Defendant
Date: Z (,Ojb ?
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the same in the
United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs,
Cumberland County, Pennsylvania addressed to:
Barbara Sumple-Sullivan Esquire
549 Bridge Street
New Cumberland PA 17070
Dated: Z&16"
K.-
Mark A. Mateya, Esqulwt-
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDY ADAMS,
Defendant
NO. 2007 - 6317
CIVIL ACTION -LAW
IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw my appearance on behalf of Plaintiff, Robert D. Roth, in the above-
captioned matter.
Dated: JAIn , 2008
James G. Nealon, III, Esquire
Nealon, Gover & Perry
2411 N. Front Street
Harrisburg, PA 17110-1160
Telephone No. (717) 232-9900
Supreme Court I.D. 46457
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of Plaintiff, Robert D. Roth, in the above-captioned
matter.
Dated: , 2008
Respectfully
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
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ROBERT D. ROTH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-6317
: CIVIL ACTION - LAW
BRANDI N. ADAMS,
Defendant : IN CUSTODY
ORDER
AND NOW this -day of st 2008, upon consideration of Defendant's Petition to
Reschedule the Hearing previously set for August 26, 2008, on Plaintiff's Petition for Special
Relief,
IT IS HEREBY ORDERED AND DECREED that the hearing set for August 26, 2008,
is hereby continued.
IT IS FURTHER ORDERED that a hearing is hereby scheduled to be held before the
undersigned, in Court Room No. 4> of the Cumberland County Courthouse in Carlisle,
Pennsylvania, commencing at v 66 jff m., on L , 2008.
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ROBERT D. ROTH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS : NO. 2007-6317
BRANDI N. ADAMS, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 24th day of September, 2008, our order
of January 28th, 2008, shall incorporate the agreement as stated on
the record this day.
Mr. Mangan is directed not to file a conciliation
report in connection with the
rence held on March 12, 2008.
By th
Edward E. Guido, J.
X-arbara Sumple-Sullivan, Esquire
49 Bridge Street
New Cumberland, PA 17070
For Plaintiff
Mark A. Mateya, Esquire
Mateya Law Firm
P.O. Box 127
Boiling Springs, PA 17007
For Defendant
,dohn J. Mangan, III, Esquire
t/ Bayley & Mangan
17 West South Street
Carlisle, PA 17013
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH,
Plaintiff
V.
BRANDY ADAMS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6317
CIVIL ACTION -LAW
CUSTODY
STIPULATION REGARDING CUSTODY
THIS AGREEMENT is made this C01ay of &&&i? '2008, by and between
ROBERT D. ROTH, (hereinafter referred to as "Father") an adult individual residing at 128 W.
Portland Street, Apt. 11, Mechanicsburg, Pennsylvania 17055, and Brandy Adams, (hereinafter
referred to as "Mother") an adult individual residing at 118 East Penn Street, Carlisle,
Pennsylvania 17013.
WITNESSETH
WHEREAS, Mother and Father are the natural parents of one (1) minor child, Kaden J.
Adams, born May 12, 2007.
WHEREAS, Father filed a Petition for Special Relief on August 18, 2008 relating to daycare
for the child. At the hearing held on the petition on September 24, 2008, the parties reached an
1
agreement which was entered to the record on that date. At this time, the parties desire to clarify the
agreement of record and have same entered as an Order of Court, revoking all prior Orders.
NOW THEREFORE, the parties intending to be legally bound, do agree as follows:
A. Legal Custody: The Father, Robert Roth, and the Mother, Brandy Adams, shall
have shared legal custody of Kaden J. Adams, born May 12, 2007. The parties shall
have an equal right to make all major non-emergency decisions affecting the child's
general well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa. C.S §5309, each parent shall
be entitled to all records and information pertaining to the child including, but not
limited to, medical, dental, religious or school records, the residence address of the
child and of the other parent. To the extent one parent has possession of any such
records of information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
B. Physical Custody: Physical custody of the minor child shall be shared between the
parties as follows:
1. Subject to the daycare provisions set forth in Paragraph C, Father shall enjoy
periods of partial physical custody of the parties' minor child on an alternating
week basis as follows:
Week One:
a. From Sunday morning at 8:00 a.m. until Monday morning to daycare; and
b. From Wednesday morning at 8:00 a.m. until Friday morning to daycare.
Week Two:
a. From Tuesday morning at 8:00 a.m. until Wednesday morning daycare;
b. From Friday morning at 8:00 a.m. through to and incorporating Sunday
morning of week one to daycare.
If Father is off from work on any day during which the child commences custody
with him, Father may retain the child in his custody through the day until the
expected conclusion of daycare time.
2. Mother shall have all other times.
2
C. Daycare: The child had been enrolled in daycare with Kindercare daycare facility.
Father desires to transfer all daycare responsibilities to the paternal grandmother. The
daycare transition arrangement shall be in place until November 30, 2008 as follows:
Week One: The child shall attend Kindercare on Tuesdays and Fridays.
The remainder of the week the paternal grandmother will be responsible
for daycare.
Week Two: The child shall attend Kindercare on Wednesdays and
Thursdays. The remainder of the week, the paternal grandmother will be
responsible for daycare.
Subject to the right of future review contained in Item J below after November 30,
2008, the child will no longer attend Kindercare daycare facility and the paternal
grandmother shall be the provider of the child's daycare. The parties and the daycare
provider will limit their discussions to a review of the child's activities, including
eating, sleeping, recreational activities, medical treatment regime each day. All
prescription or other medication shall be exchanged between the parties and the
daycare provider in original containers referencing actual dosage instructions.
D. Holidays and Birthdays: A holiday schedule shall be alternated by agreement of the
parties.
E. Transportation and Exchange: Mother and Father shall ensure that proper car
seats/restraints are used during the transportation of the subject child and that all
necessary and proper medical equipment, supplies and medications are available for
the subject child. The parent which has custody shall be obligated to transport the
child to daycare. If the transfer is between parents, the party commencing custody
shall pick up the child at the home of the other parent. At all exchanges, the parties
agree to be cordial, respectful and shall avoid any discord in the presence of the child.
F. Home Environment: Mother and Father shall ensure that during any periods of
physical custody of Kaden, the environment for Kaden is conductive and safe for
Kaden's health and well-being.
G. Medical Emergency: In the event of a medical emergency, the custodial party shall
notify the other parties as soon as practicable after the emergency is handled. The
parties or any third parties are directed to immediately notify the other parent should
any significant concerns be noted regarding Kaden's health or well-being.
H. Controlled Substances: During any periods of custody or visitation, the parties shall
not possess or use controlled substances or consume/be under the influence of
alcoholic beverages to the point of intoxication. The parties shall likewise assure, to
3
the extent possible, that other household members and/or house guests comply with
this provision.
I. Vacations: Mother and Father shall each have the right to have two (2) nonconsecutive
weeks of vacation each year. Notice of this period of custody must be given to the
other parent at least thirty (30) days before the requested period.
J. Right to Future Review: It is noted that either party may file after November 24,
2008, a petition to revisit the issues of daycare and/or the custody schedule. Pending
determination of said Petition, the terms of this Order shall continue to be in full effect
and to control the custodial arrangement between the parties and the daycare issue for
the child.
IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this
Agreement with the full knowledge that this Agreement shall be entered as a court order with the
same force and effect as if a full hearing on this matter has been held.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Sumple-Sullivan, Esquire
kt,& k
Mark A. Mateya, Es ire
Robert D. Roth
6?K1 2,&
Brandy Adams
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OCT 9 2 2008(..
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
ROBERT D. ROTH,
Plaintiff
V.
BRANDY ADAMS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6317
CIVIL ACTION -LAW
CUSTODY
ORDER ADOPTING STIPULATION OF PARTIES
AND NOW, to wit, this Zj!day of DZ@Lt , 2008, upon consideration of
the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire,
counsel for Plaintiff, Robert D. Roth, and Mark A. Mateya, Esquire, counsel for Defendant,
Brandy Adams, it is hereby ordered, adjudged and decreed that the terms, conditions and
provisions of the attached Stipulation for Custody dated October 10, 2008 are adopted as an
Order of Court. All other orders are vacated.
Edward E. Guido, Judge
;Istribution:
?/ bara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070
,dark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007
COP ;,as rylvi. LCL
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BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 2007-6670
ROBERT D. ROT",
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION TO CONSOLIDATE CUSTODY ACTIONS
AND NOW comes Plaintiff, Brandi N. Adams, by and through her counsel, Mark A.
Mateya, Esquire, and avers the following:
I . Defendant. Robert D. Roth, filed a Complaint for Custody on or about October 26,
2007, by and through his counsel James Nealon.
2. Plaintiff. Brandi N. Adams, filed an Emergency Complaint for Custody to the above
term and number on or about November 2, 2007, by and through her present counsel.
3. The parties herein filed the above-referenced custody complaints regarding their son,
Kaden Adams.
4. Plaintiff Brandi N. Adams filed concurrently with her Emergency Complaint for
Custody a Petition to Proceed In Forma Pauperis.
5. The Honorable Judge M. L. Ebert signed the Order approving Plaintiff Brandi N.
Adams to proceed In Forma Pauperis on or about November 7, 2007.
6. The Honorable Judge Edward E. Guido has issued an Order in the Defendant's
custody action approving the agreement reached between the parties at the custody conciliation.
7. In order to eliminate any confusion and avoid unnecessary duplication, it is requested
that this Honorable Court consolidate both of the custody actions as they both deal with the same
parties.
8. Plaintiff Brandi N. Adams wishes to consolidate both cases and use the case number
07-6670 because the permission to proceed in forma pauperis is attached to that case number.
9. Present counsel for Robert D. Roth, Barbara Sumple-Sullivan concurs with this
request to consolidate the above-referenced matters and does not oppose using case number 07-
6670 as the proper case number moving forward.
WHEREFORE, Plaintiff Brandi N. Adams respectfully requests that this Honorable
Court approve the following:
a. Consolidation of case numbers 07-6317 and case number 07-6670;
b. Having future pleadings docketed to case number 07-6670.
Respectfully submitted,
Mark A. Mateya, quire
Attorney ID No. 78931
P.O. BOX 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Counsel for Plaintiff Brandi N. Adams
Date: 1 Z 16 6g
BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 2007-6670
ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CERTIFICATE OF CONCURRENCE
I, Mark A. Mateya, Esquire, attorney for Plaintiff Brandi N. Adams telephoned Barbara
Sumple-Sullivan, Esquire. Attorney for Defendant Robert D. Roth, and requested her
concurrence in a Petition to Consolidate Custody Cases on Decembe 8, 2008. Attorney Sumple-
Sullivan gave her concurrence to the Petition.
Date: A z (? Q
Respectfully submitted,
L& A,
Mark A. Mateya, Esqu' e
Attorney ID No. 78931
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the same in the
United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs,
Cumberland County, Pennsylvania addressed to:
Barbara Sumple-Sullivan Esquire
549 Bridge Street
New Cumberland PA 17070
Dated:
UA - ?-)?
Mark A. Mateya, Esq e
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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DEC 15 206
ROBERT D. ROTH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CASE NO. 2007-6317
BRAND] N. ADAMS, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER
AND NOW this day of December, 2008, upon consideration of the foregoing
Petition to Consolidate custody action number 07-6317 and custody action no. 07-6670;
IT IS HEREBY ORDERED and DECREED that the aforementioned cases are
consolidated and any and all pleadings filed hereafter shall be filed using Custody Case No. 07-
6670.
THE COURT:
J.
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