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HomeMy WebLinkAbout08-0556 WANDA K. CARPENTERr Plalntlff V. RANDY L CREE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 -CIVIL TERM IN CUSTODY COMPLAINT FOR Cuyrwy NOW comes the plaintiff, WANDA K. CARPENTER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is WANDA K. CARPENTER, an adult individual residing at 82 Linda Drive, No. 50, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is RANDY L. CREE, an adult individual residing in Grantville, Pennsylvania and having an employment address of Lift, Inc., 5210 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the parents of two minor children, namely Megan E. Cree (born March 28, 1993) and Zachary I. Cree (born February 20, 1994). 4. The children resided with both parties from the time of their birth through the parties' separation on September 2, 2007. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the children, that plaintiff have primary physical custody and that defendant have specified periods of partial custody with the children in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. January 24, 2008 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. January 24, 2008 Qt?nLo?- ?` l - G?Ktt WANDA K. CARPENTER f .h e'er (?l T 47 v WANDA K. CARPENTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY L. CREE DEFENDANT 2008-0556 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2008 , 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 Tuesday, February. 26, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . 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 dlNr?n?sN ?dNno h I .E Nd R Nvr eooz AdVIQNv? UGl8d 3H1 dO 9014-03"19 r FEB R 7 2008 P7 WANDA K. CARPENTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0556 CIVIL ACTION LAW RANDY L. CREE, IN CUSTODY Defendant ORDER OF COURT th AND NOW this ^4 9 day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Randy L. Cree, and the Mother, Wanda K. Carpenter, shall have shared legal custody of Megan E. Cree, born 3/28/1993 and Zachary I. Cree, born 2/20/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, sporting events, children's parties, musical presentations, back-to-school nights, and the like. 2. Physical Custody: The parents have a split custody arrangement with Mother having primary physical custody of Megan Cree and the Father having primary physical custody of Zachary Cree subject to each parent's partial physical custody of the non-primary physical custodial Child as follows: a. Commencing 2/29/08, Mother shall have physical custody of Zachary Cree every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. The custody exchange location for Zachary Cree shall be at the K-Mart parking lot in Summerdale/Enola. b. Commencing 3/07/08, Father shall have physical custody of Megan Cree every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. Father shall provide the transportation and the pick up/drop off location shall be at Mother's residence. C. The parties shall have additional physical custody periods of the non-primary custodial Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 1J 4. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 7. 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. 8. 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. 9. A status update conciliation conference is hereby scheduled for May 5, 2008 at 11:00 am at the Cumberland County Court of Common Pleas, Carlisle, PA 17013. }distribution: ? arold Irwin, III, Esquire Randy Cree, 188 West Caren Drive, Grantville, PA 17028 ? John J. Mangan, Esquire 00 . By the Court, 5Hi ? :, ,.- 4 WANDA K. CARPENTER, Plaintiff V. RANDY L. CREE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0556 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUM31ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Megan E. Cree 3/28/1993 primary Mother Zachary I. Cree 2/20/1994 primary Father 2. A Conciliation Conference was held with regard to this matter on February 26, 2008 with the following individuals in attendance: The Mother, Wanda Carpenter, with her counsel Harold S. Irwin, III The Father, Randy Cree, pro se 3. The parties agreed to the entry of an Order in the form as attached. L2 Z&g- . /Y Z?? - Date JohiV. an gan, Esquir C od Conciliator ?Av:7 2oue?-?5 WANDA K. CARPENTER, Plaintiff V. RANDY L. CREE, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0556 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ?a day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated February 29, 2008 is hereby VACATED. 2. Legal Custody: The Father, Randy L. Cree, and the Mother, Wanda K. Carpenter, shall have shared legal custody of Megan E. Cree, born 3/28/1993 and Zachary I. Cree, born 2/20/1994. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, sporting events, children's parties, musical presentations, back-to-school nights, and the like. 2. Physical Custody: The parents have a split custody arrangement with Mother having primary physical custody of Megan Cree and the Father having primary physical custody of Zachary Cree subject to each parent's partial physical custody of the non-primary physical custodial Child as follows: a. Commencing 2/29/08, during the school year, Mother shall have physical custody of Zachary Cree every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. The custody exchange location for Zachary Cree shall be at the K-Mart parking lot in Summerdale/Enola. b. Commencing 3/07/08, during the school year, Father shall have physical custody of Megan Cree every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. Father shall provide the transportation and the pick up/drop off location shall be at Mother's residence. C. Commencing the summer of 2008, the parties for the summer break shall share physical custody of the Children on a week on/week off schedule. Whichever parent has the Children for the weekend following the end of school, that parent shall have physical custody of the Children until the following Monday. Then the other parent shall have physical custody of the Children from Monday until the following Monday. The non-custodial parent shall pick the Children up at the custodial parent's residence or by mutual agreement, the exchange location may be at the K-Mart parking lot in Summerdale/Enola. The parties may alter said schedule as mutually desired or necessary in the best interest of the Children. d. The custodial parent shall ensure that the Children have transportation to the Children's extra-curricular events (i.e. Zachary's basketball clinics/camp and Megan's work). e. The parties shall have additional physical custody periods of the non-primary custodial Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 7. 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 the Court, istribution: ?arold Irwin, III, Esquire dy Cree, 188 West Caren Drive, Grantville, PA 17028 anda Carpenter, 82 Linda Drive, No. 50, Mechanicsburg, PA 17050 ? John J. Mangan, F,$quire (2 ap I es M.* ( [ E l.. s-/z4/o19 3,1 . Jh : { WANDA K. CARPENTER, Plaintiff V. RANDY L. CREE, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0556 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CPAL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Megan E. Cree 3/28/1993 primary Mother Zachary I. Cree 2/20/1994 primary Father 2. A Conciliation Conference was held with regard to this matter on February 26, 2008, an Order of Court was issued February 29, 2008 and a status update conference was held May 5, 2008 with the following individuals in attendance: The Mother, Wanda Carpenter, pro se but represented by her counsel Harold S. Irwin, III, Esq. The Father, Randy Cree, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date John . M gan, Esquire Custody , onciliator