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HomeMy WebLinkAbout08-4440SHARON BROWN and BRETT BROWN, Plaintiffs vs. MARSHA CASSELL and RONALD SADLER, Defendants 1. Plaintiffs/Petitioners are Sharon and Brett Brown, who currently reside at 216 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Petitioners are the paternal aunt and uncle of the following child: NAME DOB/AGE ADDRESS Sarah Sadler 2/25/94 216 Chestnut St. Mt. Holly Springs, Pa. 17065. 3. Defendant Marsha Cassell, (hereinafter referred to as "Natural Mother"), is the natural mother of the child and currently resides at 126 Beech St., Carlisle, Pa. 17013. 4. Defendant Ronald Sadler (hereinafter referred to as "Father"), adopted the child in approximately 1997. He currently resides at 307 York Road, Carlisle, Pa. 17013. 5. Petitioners currently have physical custody of the child and stand in loco parentis to the child. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O Y- YY 90 Civil Term IN CUSTODY CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Sharon Brown Brett Brown Spencer Brown (4) 216 Chestnut St Mount Holly, Pa. 6/25/08 - present Marsha Cassell 128 Beech St. Dec. 2007 - 6/25/08 Sam Cassell Carlisle, Pa. Ronald Sadler and 307 York Road July 2007 - Nov. 2007 his parents Carlisle, Pa. Sharon Brown Brett Brown Spencer Brown 216 Chestnut St. Mt. Holly Springs, Pa. June 2007 Marsha Cassell Sam Cassell Marsha Cassell Sam Cassell 126 Beech St. Carlisle, Pa. 17013 2005 - June 2007 Betty Nelson Trailer Court 2003 - 2005 Carlisle, Pa. 17013 The mother of the child is Marsha Cassell. She currently resides at 126 Beech Street, Carlisle, Pa. 17013. She was previously married to Ronald Sadler, who adopted the child. She is currently living with the child's natural father, Sam Cassell. The father of the child is Ronald Sadler. He currently resides at 307 York Road, Carlisle, Pa. 17013. He was previously married to Marsha Cassell. He is not married. He lives with his parents. 6. The relationship of Petitioners to the child is paternal aunt and uncle. Petitioners currently live with the child, as well as their own child, Spencer Brown (age 4), and a friend and her child. 7. The relationship of defendant Ronald Sadler to the child is that of adoptive Father. The defendant currently lives alone. The relationship of defendant Marsha Cassell to the child is that of natural mother. The defendant currently lives with the child's natural father, Sam Cassell. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, other than as follows: The child is currently on probation in Cumberland County. It is anticipated that her probation may end soon Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child other than as follows: The child's natural father Sam Cassell currently lives with Mother. However, his parental rights were terminated when Ronald Sadler adopted the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The child most recently lived with Mother and Natural Father (whose parental rights were terminated upon adoption by Ronald Sadler) through June 2008. There have been numerous problems while the child lived with her parents over the past year. She has been on probation since June 2007 due to an incident which occurred at school. Since that time she has had several lacements outside of the home. On June 25. 2008 the child started living with Petitioners after a disagreement with Mother which occurred at the counselor's office. Petitioners have had rima custod of the child since that time. The child is doin well in their case and Petitioners are seekin a custody order which would confirm that they have physical and legal custody. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. childWHEREFORE, Plaintiff requests the court to enter a custody order regarding the . Respectfully submitted, Date. -) I9-V/o FS e Adams, Esquire I. No.79465 7W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS SHARON AND BRETT BROWN VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3 Qa Date: 7?a3?o8 /I Lew? aron Brown, Plaintiff NIP 7 0 ' 2 P 0 { f1i C. ? --C SHARON BROWN AND BRETT BROWN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4440 CIVIL ACTION LAW MARSHA CASSELL AND RONALD SADLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 30, 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 Friday, September 05, 2008 at 1:00 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. 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/ john J. Mangan, Jr., Esq. 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 iA,;, ?W? -?Wv sa 4 til, 1v SHARON BROWN AND BRETT BROWN : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4440 CIVIL ACTION LAW MARSHA CASSELL AND RONALD SADLER, IN CUSTODY Defendants Prior Judge: Kevin A. Hess, J. ORDER OF COURT d AND NOW this /V * day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Plaintiffs Sharon and Brett Brown shall have primary legal custody of Sarah Sadler, born 02/25/1994. The Plaintiffs shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party to this action 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 party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parry within such reasonable time as to make the records and information of reasonable use to the other party. 2. Physical Custody: Plaintiffs shall have primary physical custody of the Child subject to Mother's and Father's physical custody as mutually agreed upon or upon the recommendation of the Child's counselor. 3. Counseling: The parties are directed to continue with the counseling for the Child and follow the recommendations for mental health management for the Child. 4. The non-custodial parties shall have telephone contact with the Child as mutually agreed upon or pursuant to the recommendation of the Child's counselor. 5. No party to this action may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 6. This Order is entered pursuant to a Custody Conciliation Conference. When, or if, Mother and Father present themselves to assert custodial rights to the subject Child, the parents shall not be precluded from having the right to Petition this Court to Modify this custody arrangement. 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. tribution: ?e Adams, Esquire arsha Cassell, 126 Beech Street, Carlisle, PA 17013 nald Sadler, 307 York Rd., Carlisle, PA 17013 john J. Mangan, Esquire C: D t E.S vn-w" q//I/oe By the Court, C-3 ???•,, irk- t? .d 15 SHARON BROWN AND BRETT BROWN: IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4440 CIVIL ACTION LAW MARSHA CASSELL AND RONALD SADLER, IN CUSTODY Defendants Prior Judge: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE W1TH 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sarah Sadler 02/25/1994 Plaintiffs 2. A Conciliation Conference was held with regard to this matter on September 5, 2008 with the following individuals in attendance: The Plaintiffs Sharon and Brett Brown, with their counsel Jane Adams, Esq. The Mother, Marsha Cassell, did not appear The Father, Ronald Sadler, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. - ?(?/ - Date John J. uire Custod Con iliator