HomeMy WebLinkAbout07-6670BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 6 ?0 7d "ftritit
ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
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 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, York, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
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LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 6-y -& `76 6c ?L l
ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
EMERGENCY COMPLAINT FOR CUSTODY
AND NOW, comes the above-named Plaintiff, Brandi N. Adams, by her attorney, Mark
A. Mateya, Esquire, and seeks to obtain custody of KADEN J. ADAMS, born May 12, 2007.
COUNT I - COMPLAINT FOR CUSTODY
1. Plaintiff is Brandi N. Adams, an adult individual who currently resides at 118 E.
Penn Street, Carlisle, Cumberland County, Pennsylvania.
2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A.
Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007.
3. Defendant is Robert D. Roth, an adult individual who currently resides at 128 W.
Portland Street, Apt 11, Mechanicsburg, Cumberland County, Pennsylvania 17055.
4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
5. Plaintiff seeks custody of KADEN J. ADAMS, born May 12, 2007 (hereinafter the
child) , who currently resides at 118 E. Penn Street, Carlisle, Cumberland County, Pennsylvania
17013.
6. The child was born out of wedlock.
7. The child is presently in the custody of Plaintiff, Brandi N. Adams, who currently
resides at 118 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013.
8. During the past five years the child has resided with the following persons at the
following addresses:
A. From Birth - 10/1/07 - With Brandi N. Adams, at 7073 Spring Road,
Shermansdale, Perry County, Pennsylvania.
B. From 10/1/07 - Present - With Brandi N. Adams, at 118 E. Penn Street,
Carlisle, Cumberland County, Pennsylvania.
9. The mother of the child is Brandi N. Adams, and she has a present address of 118 E.
Penn Street, Carlisle, Cumberland County, Pennsylvania.
10. The father of the child, Robert D. Roth, has a present address of 128 W. Portland
Street, Apt. 11, Mechanicsburg, Cumberland County, Pennsylvania.
11. The relationship of the Plaintiff to the child is that of natural mother.
12. The relationship of the Defendant to the child is that of natural father.
13. The plaintiff has not participated as a parry in any action brought by Defendant or
any other persons relating to the custody of the child.
14. Plaintiff desires to maintain the primary physical custody of the child and for the
child to have supervised visitation with Defendant.
15. The best interests and permanent welfare of the child will be served by granting the
relief requested because:
a. Plaintiff is the mother of the child.
b. Plaintiff has been present in the life of the child since birth.
C. The child was born with severe heart defects which have required two
surgeries since birth and will also require additional surgeries in the future.
d. Plaintiff is knowledgeable about the child's medical condition and is easily
able to detect problems with the child's respiratory condition and is also
able to perform CPR on the child when necessary.
e. Due to the nature of the child's present medical difficulties, it is
imperative that the child be maintained in a clean and sterile atmosphere.
d. Defendant does not recognize that the child has serious health defects and
does not follow mandated protocol when handling the child when he visits
with the child at daycare.
e. As recent as September, 2007, when the child was taken to Hershey
Hospital and was in serious cardiac failure, Defendant was notified of
VERIFICATION
I, Brandi N. Adams, verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities. /
/V
Brandi N. Adams
DATED:
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• IN THE COURT OF COMMOE PLEAS
BRANDI N. ADAMS :CUMBERLAND COUNTY, P
Plaintiff 6 v -
:CASE NO.
v. : CIVIL ACTION - LAW
ROBERT D. ROTH, ; IN CUSTODY
Defendant
CIPE TO PROCEED IN FORMA pAUPER15
?RAE
TO THE PROTHONOTARY, d 'n forma pauperis.
Kindly allow, Brands N. Adams, plaintiff herein, to procee 1
for the part}' proceeding in forma pauperis, certify
1, Mark A. Mateya, Esquire, attorney
the costs and that I am providing free legal services to the
that 1 believe the party is unable to pay th
party.
Respectfully submitted,
Mark A. Mateya, squire
Attorney ID No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Counsel for Plaintiff
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Date:
4
BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO.
ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PETITION TO PROCEED IN FORMA PAUPERIS
1. I, Brandi N. Adams, am the Plaintiff in the above-referenced matter and because of my
financial condition am unable to pay the fees and costs of prosecuting or defending the action or
proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is
true and correct:
a. Name: Brandi N. Adams
Address: 118 E Penn Street, Carlisle, Cumberland County, Pennsylvania 17013.
Social Security No.: 180-62-1988
b. Employment:
Employer: Knowledge Learning Corporation
Address: 650 NE Holladay Ste 1400, Portland, OR 97232
Salary/Wages per month: $1,142.19 net monthly - based on $8.10 per hour @ 80
hours bi-weekly.
Type of Work: Child Daycare
C. Other income within the past twelve months:
Child Support payments: None received to date. Present Custody Order is for
$708.74 for child support and $264.03 for childcare.
s ,
d. Other contributions to household support: None
e. Property owned
Cash: $0.00
Checking Account: $500.00
Savings Account: $200.00
Certificates of Deposit: $800.00
Real estate: None
Motor vehicle: Make Chevy-Cavalier
Costk,000.00
Stocks; bonds: None
Other:
f. Debts and obligations:
Mortgage: None
Rent: $650.00
Loans: Auto: $200.00; Personal Loan: $1,000.00
Other:
g. Persons dependent upon you for support
Ch'ld
Year: 1999
Amount Owed:$200.00
i ren. Kaden I Adams Age: 5 Mos. (D.O.B - 5/12/07)
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to
unsworn falsification to authorities.
Date:_
Brandi N. Adams, Petitioner
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BRANDI N. ADAMS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT D. ROTH
DEFENDANT
2007-6670 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Friday, November 09, 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 Thursday, December 13, 2007 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john j. Man an r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. O'ff' • L ?. 7a Chu ?C,??L-h?
ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER
AND NOW, upon consideration of the foregoing Petition to Proceed In Forma Pauperis
filed by Plaintiff in the above-captioned matter,
IT IS HEREBY ORDERED AND DECREED that Plaintiff's Petition to Proceed in
Forma Pauperis is Granted.
BY THE COURT:
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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
AFFIDAVIT OF SERVICE
AND NOW, this 3rd day of December, 2007, comes Mark A. Mateya, Esquire, Attorney
for Plaintiff, who, being duly sworn according to law, deposes and says that:
1. A Complaint for Custody was filed to the above term and number on November 2,
2007.
2. On November 2, 2007, a certified copy of the Complaint for Custody was sent to
the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P.
1920.4. Seethe Receipt attached hereto as Exhibit "A" and incorporated herein by reference.
3. On November 2, 2007, a certified copy of the Complaint was sent to the Defendant via
first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit
"B" and is incorporated herein by reference.
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4. On or about November 15, 2007, undersigned counsel for Plaintiff received the return
receipt card signed by the Defendant on November 14, 2007. Said receipt is attached hereto as
Exhibit "A" and is incorporated herein by reference.
Respectfully submitted,
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Mark A. Mateya, quire
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
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BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 2007-6670
ROBERT D. ROTH,
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:
1. 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 .fudge 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,
Lkb? 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: 12 ?6 6?
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: J--(? 0
Respectfully submitted,
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: ) Z ?b 6
UA , )?
Mark A. Mateya, Esq e
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Fil
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
PETITION TO MODIFY CUSTODY
AND NOW, comes the above-named Plaintiff, Brandi N. Adams, by her attorney, Mark
A. Mateya, Esquire. and avers the following: .
1. A complaint in custody was filed on November 2, 2007, in this Honorable Court.
2. On October 24, 2008, a Custody Order was entered as a result of an agreement
reached at a custody conciliation.
3. The Order reached on October 24, 2008, as stated in paragraph two above, was to
be a Temporary Order which would become permanent if neither party requested a conciliation
to revisit the child care issues.
4. Plaintiff received a written recommendation from the child's Developmental
Therapist, Diane M. Lane, on or about December 2, 2008. See Exhibit "A" attached hereto and
incorporated herein by reference.
5. Because of Diane M. Lane's recommendation, Plaintiff seeks to maintain the
previous custody schedule which called for KADEN to be in daycare for two (2) days each week.
6. "The present custody action has been presided over by the Honorable Edward E.
Guido.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to schedule a
custody conciliation to address the issue of child care during the work week for Kaden.
Respectfully submitted,
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Date: 12 A40 b Attorney for Plaintiff
VERIFICATION
1, Brand] N. Adams, verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Brandi N. Adams
DATED: 12- q_?g
. 12102x''2008 14;55 717-7826866 INFANT DEVLOPMENT PAGE 02/02
December 1, 2008
I am currently providing weekly behavioral tlierapy for Kaden Adams. I have
seen. Kaden in his mother's home and in the daycare center. We are trying to decrease
aggressive behaviors such as biting, hitting, kicking, throwing and head banging. Kaden
also needs to allow others in his play space. We are also using behavior modification
strategies to decrease and redirect behavior associated with temper tantrums when limits
are put on him.
It is my professional opinion that Kaden needs to continue attending daycare with
peers. This provides him with structure, routine, a variety of play experiences and peer
modeling. Kaden needs to tolerate other children and adults in his play space. He needs
to learn to share and follow adult directions. This environment provides many
opportunities for strategies to be incorporated.
Should you require additional information, please feel free to contact me.
Sincerely,
404; P AV,
Diane M. Lane
Developmental Therapist
Pinnacle Health Infant Development Program
717-782-6883
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 Sump] e-Sullivan Esquire
549 Bridge Street
New Cumberland PA 17070
Dated: / Z ?rdlof r
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Mark A. Mateya, E uire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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DEC 12 2OM
BRANDI N. ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
•
V. CASE NO. 2007-6670
.
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ROBERT D. ROTH, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER
le^
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.
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BRANDI N. ADAMS IN THE COURT
PLAINTIFF CUMBERLAND
V.
DF COMMON PLEAS OF
;OUNTY, PENNSYLVANIA
2007-6670 CIVIL ACTION LAW
ROBERT D. ROTH
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, December 16, 2008 , upon c nsideration 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 Thursday, January 22, 2009 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 hear by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry f a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ John j. Man a r. 1
Custody Con iliator
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 As ociation
32 South Bedford Str et
Carlisle, Pennsylvania 1 013
Telephone (717) 249- 166
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JAN 9 7 2009 ?J
BRANDI N. ADAMS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-6670 CIVIL ACTION LAW
ROBERT D. ROTH, IN CUSTODY
Defendant
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this 0( day of January 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
The prior Order of Court dated October 24, 2008 shall remain in full force and effect.
2. A status telephone conference is hereby scheduled for February 23, 2009 at 11:00 am with
the assigned conciliator. The conciliator shall initiate said conference. The purpose of said
conference is to ascertain whether a change in the day care arrangements for Kaden is in his
best interest.
3. 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.
By ourt,
J.
D' tribution:
k Mateya, Esquire
bara Sumple-Sullivan, Esquire
ohn J. Mangan, Esquire
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BRANDI N. ADAMS,
Plaintiff
V.
ROBERT D. ROTH,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6670 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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:
Name Date of Birth Currently in the Custody o
Kaden James Adams 5/12/2007 Mother and Father
2. A Conciliation Conference was held with regard to this matter on January 22, 2009 with
the following individuals in attendance:
The Mother, Brandy Adams, with her counsel, Mark Mateya, Esq.
The Father, Robert Roth, with his counsel, Barbara Sumple-Sullivan, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
43 - 2 "-?; -
John J gan, Esquire
Date
Cus dy onciliator
FEB Z b «LA(?
BRANDI N. ADAMS,
Plaintiff
V.
ROBERT D. ROTH,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6670 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
,t?,?1 MOAON
AND NOW this 0 " day of Pebmar1'y 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The prior Order of Court dated October 24, 2008 shall remain in full force and effect
pending hearing or further Order of Court.
2. This Order is entered pursuant to Custody Conciliation Conference. A Custody Hearing
is hereby scheduled on the a day of A 4"k 2009 at C14t) am/#& in
Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA
17013 at which time testimony will be taken to ascertain whether a change in the day care
arrangements for Kaden is in his best interest. For purposes of this hearing, the Mother
shall be deemed to be the moving party and shall proceed initially with testimony. Counsel
for each parry shall file with the Court and opposing counsel a Memorandum setting forth
each party's position on custody, a list of witnesses who will be expected to testify at the
hearing and a summary of the anticipated testimony of each witness. These Memoranda
shall be filed at least five days prior to the hearing date.
3. 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.
the Court,
J.
Ta . 'buti on:
Mateya, Esquire
ra Sumple-Sullivan, Esquire
ohn J. Mangan, Esq Wf? % r 69 /rL4 t 0.,
V5
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BRANDI N. ADAMS,
Plaintiff
V.
ROBERT D. ROTH,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6670 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUhfMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CI M 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
Kaden James Adams 5/12/2007 Mother and Father
2. A Conciliation Conference was held with regard to this matter on January 22, 2009 with the
following individuals in attendance:
The Mother, Brandy Adams, with her counsel, Mark Mateya, Esq.
The Father, Robert Roth, with his counsel, Barbara Sumple-Sullivan, Esq.
A telephone status conference was held on February 23, 2009 with counsel in regard to whether
a change in the day care arrangements for Kaden is in his best interest.
3. Mother's position on day care is as follows: Mother maintains that Kaden is still medically
fragile. Mother has identified a day care provider, specifically Pediatria Healthcare for Kids,
that offers "specialized healthcare to medically fragile children in the most developmentally
appropriate, cost-effective setting". Mother requests that Kaden attend this program two or
three times per week. Mother asserts that this facility can medically monitor Kaden and assist
with developmental issues. Mother also feels that Kaden should be around other children to
help him with socialization and developmental issues. Mother feels that Kaden attending
Pediatria would be in his best interest.
4. Father's position on day care is as follows: Father would like to keep the current day care
situation; i.e. paternal grandmother provides the day care. Father asserts that Kaden is doing
quite well in the day care of paternal grandmother. Father indicates that Mother and paternal
grandmother are getting along. Father indicates that Kaden is being appropriately cared for and
that Kaden is developmentally improving under the current situation. Father indicates that
Kaden is involved in many activities and thrives in the "family-oriented" day care. Father
indicates that he does not feel it would be the best situation for Kaden to be around other
medically-fragile children. Father requests that the status quo remain in place because it would
be in his best interest.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
leaving the October 24, 2008 Order in full force and effect pending hearing or further Order of
Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected
that the Hearing will require one half of a day.
6. The proposed recommended Order may contain a requirement that the parties file a pre-trial
memorandum with the Judge to whom the matter has been assigned.
Date
Jo J. gan, Esquire
C tod Conciliator
?.q 27 . No-6228 P- 3
r `
Barbara Sample-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BRANDI N_ ADAMS, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007-6670
ROBERT D. ROTH, CIVIL ACTION -LAW
Defendant CUSTODY
STIPULATION REGARDING CUSTODY
THIS AGREEMENT is made this -? 7 day of al, , 2009, 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
Brandi N. Adams, (hereinafter referred to as "Mother") an adult individual residing at 118
East Penn Street, Carlisle, Pennsylvania 17013.
ffYTNESSETIY
WHEREAS, Mother and Father are the natural parents of one (1) minor child, Kaden
J. Adams, born May 12, 2007;
WHEREAS, the parties entered into an Agreement on October 10, 2008 regarding the
custody of their child. The Agreement was adopted as an Order of Court dated October 24,
2008;
3
"' No 6228 P- 4
WHEREAS, Mother filed another Petition to Modify Custody on December 10, 2008
and a hearing was scheduled for March 27, 2009;
WHEREAS, the parties have reached an agreement and desire to modify the October
24, 2008 Court Order as follows:.
The parties hereby agree that an Order of Court shall be entered setting forth the
following, terms:
A. The parties shall continue to utilize the paternal grandmother as the daycare
provider for Kaden.
B. The specialists assisting with Kaden's ancillary care (speech therapists,
nutritionists, etc.) can be scheduled while Kaden is in Paternal
Grandmother's care.
C. The parties shall share the transportation on exchanges for daycare with the
exchanges occurring at Father's apartment which is a half way point for
each leg of the exchange.
D. Mother consents to the Catholic Baptism of Kaden.
E. Paragraph B. of the October 24, 2008 Order, shall be modified to read:
B. PhvsCustody: Physical custody of the minor child shall be shared
between the parties as follows:
Father shall enjoyperiods ofpartial physical custody oftheparties' minor child on an
alternating week basis as follows:
2
ar iJ No 6 2 2 8 P. 5
r, .
Week One:
a. From Sunday morning at 8:00 a.m. until Monday morning to daycare.
b. From Tuesday evening at 8:30 p.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.
Mother shall have all other times.
F. In the event Mother files another custody complaint within one year of this
new order and she is unsuccessful in being awarded the relief she seeks by
the court, Mother shall be responsible for all of Father's attorney's fees and
costs in prosecuting the action.
G. All other terms of the October 24, 2008 Order are ratified and shall remain
in effect.
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:
Brandi N. Adams
Robert D. Roth
3
FILED" ;=i i'-'`
OF THE TARY
2009 JUL -7 AM 11: 17
ddl" 2/ Ln'JJ J 41P1,1
.v
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BRANDI N. ADAMS,
Plaintiff
V.
ROBERT D. ROTH,
Defendant
No.6228 P- 2
JUL 0,8 200967
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY", PENNSYLVANIA
NO. 2007-6670
CIVIL ACTION -LAW
CUSTODY
ORDER ADOPTING STIPULATION OF PARTIES
AND NOW, to wit, this g?day of , 2009, upon consideration of
the attached Stipulation for Custody and on motion of Mark A. Mateya, Esquire, counsel for
Defendant, Brandi N. Adams and Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff,
Robert D. Roth, it is hereby ordered, adjudged and decreed that the terms, conditions and
provisions of the attached Stipulation for Custody dated Marchd 7 , 2009 are adopted as an
Order of Court.
D' but'on:
ara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070
ark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007
Co I es ,rte i ?c?,
71T, oT
Edward E. Guido, Judge
FILED
OF 114E P, - ,
mg Ju-9 Am 11:
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-1445
FAX (717) 774-7059
July 1, 2009
Ms. Melissa H. Calvanelli
District Court Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
Re: Robert D. Roth v. Brandy Adams
Docket No. 2007-6317 (Custody) / Cumberland Countv
Dear Ms. Calvanelli:
Enclosed for filing please find three (3) original Stipulations Regarding Custody in
the above captioned matter. The Honorable Edward E. Guido has been assigned to this
matter. Please forward for entry as an order and return certified copies of Orders to my
office in the enclosed self-addressed stamped envelopes I have provided for Attorney
Mateya and myself.
Thank you for your assistance in this matter. If you should have any questions, please
do not hesitate to contact my office.
BSS/le
Enclosures
cc: Mark A. Mateya, Esquire
Mr. Robert D. Roth
Barbara Sumple-Sullivan
r
BRANDI N. ADAMS BRANDL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-6670
ROBERT D. ROTH, : CIVIL ACTION - LAW ° . ; i
Defendant : IN CUSTODY rn o (__ -r--n
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PRAECIPE FOR WITHDRAWAL OF APPEARANCE .
N) ,
Kindly withdraw the appearance of Mark A. Mateya, Esquire, as counsel for the Plaintiff,
Brandi N. Adams Brandl in the above-referenced matter.
Respectfully submitted,
Mark A. Mateya, Esq e
Attorney ID No. 78931
55 W. Church Avenue
Carlisle PA 17013
(717) 241-6500
h (717) 241-3099
Date: 5
?' i
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 Carlisle,
Cumberland County, Pennsylvania addressed to:
Barbara Sumple-Sullivan Esquire
549 Bridge Street
New Cumberland PA 17070
Timothy Czekaj Esquire
315 N. Front Street
Harrisburg PA 17101
Mark A. Mateya, Esquire
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fax
Dated: S 25 ?f