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HomeMy WebLinkAbout09-1528 BREIA CARROLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. DANNY LEE LOWER, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Breia Carroll, who currently resides at 1230 Charcoal Road, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is Danny Lee Lower, who currently resides at 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Chase Lee Lower Date of Birth: February 11, 2002 Address: 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Danny Lee Lower, who resides at 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Breia Carroll and Danny Lower 121 Amy Drive, Carlisle, Birth - 02/12/09 PA Danny Lower 121 Amy Drive, Carlisle, 02/12/09 - Present PA 7. The mother of the child is Plaintiff, Breia Carroll, who resides at 1230 Charcoal Road, Harrisburg, Dauphin County, Pennsylvania. 8. Mother of the child, Breia Carroll, is not married. 9. The father of the child is Defendant, Danny Lee Lower, who currently resides at, 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Danny Lee Lower, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: her parents and four (4) siblings 14. The Defendant currently resides with the following persons: himself and Chase Lower 15. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court, namely a Protection from Abuse action filed by Father against Mother at Docket No. 09-1061. By Order of Court dated March 2, 2009, The Honorable Edward E. Guido dismissed any action entered in favor of the minor child and vacated any custody provisions contained therein. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since his birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; W. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child. d. Defendant has been denying Mother all contact with the child. e. Mother has been unable to ensure the child's safety and wellbeing as Father has denied her all contact since February 12, 2009. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff (Mother) and grant Defendant (Father) custody of the child on weekends. Respectfully submitted, DATE (i C1 ABOM& KtrTULAJUS, L.L.P. Wut& t-0 Kara W. Haggerty, Es Supreme Court ID N 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Breia Carroll, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date 3)) O ^ B CARROLL CERTIFICATE OF SERVICE AND NOW, this 114t(ey of March 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following. Danny Lee Lower 121 Amy Drive Carlisle, PA 17013 Respectfully submitted, ABom& KUTULAAm, L.L.P. lUvIkbo. Kara W. Haggerty, Fps " r Supreme Court ID . 6 14 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff W V .?i =?}L?3 -ABOM & LUTLULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 BREIA CARROLL, Plaintiff V. DANNY LEE LOWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO.: Ll 0'_ 1,0 c? f CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 11TH day of March, 2009, comes the Petitioner, Breia Carroll, by and through her attorney, Kara W. Haggerty, Esquire, of ABoM & KUTULAKIs, L.L.P., and respectfully petitions This Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Breia Carroll, Mother, respectfully represents that there is presently no Order of Court for custody of the parties minor child, Chase Lee Lower, born February 11, 2002. 2. Simultaneously with this Petition, Mother has filed a Complaint for Custody. (A copy of the Complaint for Custody is attached hereto as `Exhibit A'). I Father and Mother have resided together for approximately eight (8) years, and separated on February 12, 2009. a. The separation occurred when Father called the police and had Mother arrested and removed from the home. b. Mother has criminal charges for Simple Assault and Harassment pending before MDJ Correal, and is scheduled for a preliminary hearing on March 30, 2009. c. Father also filed a Protection from Abuse petition against Mother on behalf of himself and Chase, filed at Docket No. 09-1061. Pursuant to Order of Court dated March 2, 2009, a PFA was entered against Mother as to Father but the child was specifically removed from the action and the petition in favor of the child was dismissed. 4. Pursuant to the PFA Order, Mother is not permitted to contact Father. 5. To date, Father had not contacted Mother regarding custody or the wellbeing of the minor child at all. 6. The March 2, 2009, Order of Court regarding the PFA specifically vacates all custody provisions contained in the temporary PFA order. 7. Mother is concerned about the safety and wellbeing of Chase as she has not had any contact regarding Chase at all. a. It is believed and therefore averred that Father is unable to financially support Chase as he is not employed and has not been employed since December 2007. b. It is believed and therefore averred that Father is not able maintain a home with adequate food and clothing as Father has no source of income. c. Mother is concerned about Chase's safety, as Father does not have a driver's license or a vehicle to transport Chase. d. Mother is concerned about Chase's safety as Father has no telephone with which to maintain contact regarding Chase. e. It is believed and therefore averred that Father has a history of abusing illegal drugs, and Mother believes that he has relapsed. It is not appropriate for Father to be a primary caregiver for Chase if he is abusing illegal drugs. f. It is believed and therefore averred that Father is telling Chase that Mother has abandoned them and will not be coming home, which is completely inappropriate to say to a minor child. 8. Mother is employed on a full-time basis working as the Assistant Manager of Turkey Hill in Mechanicsburg, Pennsylvania. 9. Mother has a safe and secure place to live with her family in Harrisburg, Pennsylvania. 10. Mother has a support system with her family and they are willing to assist Mother in childcare for Chase around his school schedule. 11. Mother has always been the primary caregiver for Chase, and believes that it is in the child's best interests for her to continue to do so. 12. Mother believes that it would be in the child's best interests for her to be able to contact Father to ensure the child's safety and wellbeing. 13. Mother believes that it would be in the child's best interest to be in her primary physical custody, because she can provide a safe and stable home for the minor child. 14. Mother believes it would be in the child's best interest for Chase to immediately be returned to her physical custody. 15. Mother believes and therefore avers that it is in the child's best interests for Father to be granted a custody schedule providing him with custody on the weekends. WHEREFORE, Petitioner prays that This Honorable Court grant her Petition for Special Relief and grant the following relief: a. The parties shall share legal custody of the minor child; b. Mother shall have primary physical custody; C. Father shall have partial physical custody on weekends; d. Any additional relief that This Court deems appropriate. Respectfully submitted, ABOM&KVMLAKIS, L.L.P. DATE Q& I. II lo Kara W. Haggerty, tq$ Attorney ID No. 836 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner BREIA CARROLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. DANNY LEE LOWER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2009, at . .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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. DAUPHIN COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 (717) 232-7536 EXHIBIT A BREIA CARROLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. DANNY LEE LOWER, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Breia Carroll, who currently resides at 1230 Charcoal Road, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is Danny Lee Lower, who currently resides at 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Chase Lee Lower Date of Birth: February 11, 2002 Address: 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Danny Lee Lower, who resides at 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Breia Carroll and Danny Lower 121 Amy Drive, Carlisle, Birth - 02/12/09 PA Danny Lower 121 Amy Drive, Carlisle, 02/12/09 - Present PA 7. The mother of the child is Plaintiff, Breia Carroll, who resides at 1230 Charcoal Road, Harrisburg, Dauphin County, Pennsylvania. 8. Mother of the child, Breia Carroll, is not married. 9. The father of the child is Defendant, Danny Lee Lower, who currently resides at, 121 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Danny Lee Lower, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: her parents and four (4) siblings 14. The Defendant currently resides with the following persons: himself and Chase Lower 15. The Plaintiff has participated as a party, or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court, namely a Protection from Abuse action filed by Father against Mother at Docket No. 09-1061. By Order of Court dated March 2, 2009, The Honorable Edward E. Guido dismissed any action entered in favor of the minor child and vacated any custody provisions contained therein. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since his birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child. d. Defendant has been denying Mother all contact with the child. e. Mother has been unable to ensure the child's safety and wellbeing as Father has denied her all contact since February 12, 2009. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE. the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff (Mother) and grant Defendant (Father) custody of the child on weekends. Respectfully submitted, ABOM & KUTULA"S, L.L.P. DATE C (J ' to, N6 Kara W. Haggerty, Es Supreme Court'ID Nom: 36 South Hanover Sheet Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Breia. Carroll, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. 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)) Oq 44 IU B CARROLL CERTIFICATE OF SERVICE AND NOW, this l I +t Tay of March 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Danny Lee Lower 121 Amy Drive Carlisle, PA 17013 Respectfully submitted, ABOM& SUTULA"S, L.L.P. L Kara W. Haggerty, Es Supreme Court ID ? W6 14 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Breia Carroll, verify that the statements made in this Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. 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 Breia Carroll CERTIFICATE OF SERVICE AND NOW, this Lljlj!??day of March 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, Certified Mail, postage prepaid addressed to the following: DautsyLee Lower 121 AmyDrive Carlisle, PA 17013 Respectfully submitted, Abom & Sundakrs, L.L.P. Mo. I+, Kara W. Haggerty, XQ e Attorney ID No. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 756 o a> $ ? } ? rrn fi -? ? ?S1 - - t 1 \ Go V MAR 12 2009, BREIA CARROLL, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. DOCKET NO. 7 DANNY LEE LOWER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -&±'-day of March, 2009, upon consideration of the attached Petition for Special Relief, it is ORDERED and DECREED that the Petitioner shall immediately take physical custody of the subject minor child. Pending a hearing or conciliation conference, the following temporary custody order shall control: 1. The parties shall share legal custody of the minor child, Chase Lee Lower, born February 11, 2002; 2. Mother shall enjoy primary physical custody of the child; 3. Father shall have partial physical custody on weekends from Friday until Sunday, 4. Mother shall provide all transportation for the custody exchanges; 5. Father shall enjoy any additional partial physical custody that is agreed upon by Mother in writing. IN THE ALTERNATIVE, it is Ordered and Decreed that the parties and their respective counsel appear before This Honorable Court, on the day of r46.0k , 2009, at AIDO . .m., for a Hearing on said Petition. BY T URT: _ r? J. Kara W. Haggerty, Esquire Abom & Kutulakis, L.L.P. 36 South Hanover Street Carlisle, PA 17013 Danny Lee Lower, pro se 121 Amy Drive Carlisle, PA 17013 1 ?/ 4 elO? 9 h :9 WV 91 HVW 600Z ANiQjV'j' ii&6d 3Hi dO 3012: a-0 31U BREIA CARROLL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANNY LEE LOWER DEFENDANT 2009-1528 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 23, 2009 at 9:30 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/ Hubert X. Gilroy, 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 AAO, ;f' ' AN ? 7"x''2 lolo? 1 C r 3Wd 61 M 60OZ ?f r BREIA CARROLL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 09-1528 CIVIL TERM DANNY LEE LOWER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 24th day of March, 2009, by agreement of the parties, the following temporary order is entered: 1. The parties shall share legal custody of the minor child, Chase Lee Lower, born February 12, 2002; 2. The parties shall share physical custody of the Child as follows: A. The Child shall be in Father's primary physical custody from Monday after school until Friday at the commencement of school. B. Mother shall have primary physical custody of the Child from Friday at the commencement of school until Monday at the commencement of school. This order is intended to be temporary only and shall not in any way prejudice the right of either party to make an alternate claim to custody of a u hearing on the merits. By /he Court Edward E. Guido, J. - Kara Haggerty, Esquire For the Plaintiff Grace D'Alo, Esquire For the Father :mlc `- bpi ES Y-A I rt t ?'`:„? JUN 0 9 2009 4d BREIA CARROLL, Plaintiff VS. DANNY LEE LOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1528 IN CUSTODY PRIOR JUDGE: Edward E. Guido COURT ORDER AND NOW, this day of June, 2009, upon consideration of the Conciliation Report, it is ordered and directed as follows: Custody 1. A hearing is scheduled in Court Room No. 3 of the Cumberland Count Courthouse 'IX on the "p day of , 2009 at A6 P.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandurn setting forth the history of custody in this case, the issues currently before the Cow , a summary of each parties position on these issues, a list of witnesses who wil be called to testify on behalf of each party and a summary of the anticipated testi ony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 2 , 2009, shall remain in place during the school year. The summer months shall be handled with custody being shared equally on a week on/week off basis. This summer' schedule shall be implemented starting Friday, June 12, at 5:00 p.m. with the mother having the first week from Friday, June 12, at 5:00 p.m. until Friday, June 19, at 5:00 p.m. The parties will alternate weeks thereafter. 3. Both parties shall submit to an alcohol and drug evaluation. Each party shall pay for the costs of their own evaluation. Additionally, each party shall sign release documents to allow the evaluator to share the results of the alcohol/drug evaluation with legal counsel for both parties. 4. In the event counsel for the parties believe that a second Custod Conciliation Conference would aid in resolving the matter prior to the hearing, legal ?ounsel for the parties may contact the Conciliator's office directly to request the conference. 5. It is understood that the parties may speak with each other and have co unications with each other concerning custody issues and that such communicati n shall not be deemed to be a violation of the Protection from Abuse Order which h been entered at Cumberland County Docket No. 2009-1061. BY THE Judge Edward E. Guido cc: Zara W. Haggerty, Esquire J Abraham Prozesky, Esquire ?j - ?_ / 1 t es rn2,t l.? Icy? ?• BREIA CARROLL, Plaintiff vs. DANNY LEE LOWER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1528 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the 1. 2. 3. The pertinent information pertaining to the child who is the subject of is as follows: Chase Lee Lower, born February 11, 2002. A Conciliation Conference was held on June 5, 2009, with the fo in attendance: OF CIVIL ing report: litigation individuals The mother, Breia Carroll, who appeared with her counsel, Kara . Haggerty, Esquire, and the father, Danny lee Lower, with his counsel, Abrah Prozesky, Esquire. The parties agree on an interim Order for the summer but there is a disagreement with respect to what should happen starting in the fall. Accordingly, a hearing is necessary and should be scheduled for mid August if possible wit the Court. Pending a hearing, the Conciliator recommends an Order in the form a attached. Date: June ? '2009 Hubert X. Gilroy, Esquire Custody Conciliator FILED-OH ICE OF THE PROT? INIOTARY 2069 JUN ! i AM 9: 0 4 ,~, ~, BREIA CARROLL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DANNY LEE LOWER, NO. 2009-1528 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2009, after hearing, our prior Temporary Order is vacated and replaced with the following: 1. The parties shall have joint legal custody of their son, Chase Lee Lower, born February 12, 2009. 2. Mother shall have primary physical custody of the child subject to periods of partial physical custody in Father as follows: A. School year: Each Friday :From 5:00 p.m. until Sunday at 5:00 p.m., except thE~ weekend containing the third Friday of the month. If there is no school on the Monday following Father's weekend, then his partial custody shall extend to Monday at 5:00 p.m. Provided, further, that the child shall return to Mother by noon on Mother's Day. B. Thanksgiving vacation: From Thanksgiving day at 4:00 p.m. until the following Sunday at 5:00 p.m. Provided, however, if Thanksgiving weekend falls on the third Friday of the month, then Mother shall have the following weekend. C. Christmas vacation: From Christmas day at noon until New Year's day at noon. D. Summer: Every other week from Friday at 5:00 until the following Friday at 5:00 commencing • ,, the Friday after school lets out unt:Ll the Friday before school begins. E. At such other times as the parties agree. 3. Transportation: Mother shall bE~ responsible for providing the transportation necessary to effectuate the custody transfers. 4. Neither party shall use illegal drugs while the child is in their care and custody, nor shall either party drink any alcohol to excess. 5. The child shall be entitled to :liberal telephone contact with the non-custodial parent. 6. This Court shall retain jurisdiction. By Edward E. Guido, J. " Kara W. Haggerty, Esquire Attorney for Plaintiff / Abraham Prozesky, Esquire Attorney for Defendant Sheri f f _ ~~ ~,i,~ . ~,Q ~ , Lt.fli..a ~ sir srs ~ljpi£S /1'~.~..~~.c1~.., I ~3~~~~vq ~r''1 FiL~~~ ~,~ ~=i; ,,,, >f ~. Lvu~ ~:i.~'.~ ~ ~ ~'r E a ~! 4 F ~a ~ _ i 4+~+ MIDPENN LEGAL SERVICES By: Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant BREIA CARROLL, Plaintiff v. DANNY LEE LOWER, Defendant ii PRC9 FJc;l DEC 19 NI CUMBERLAND AN COUNTY PENNSYLVANIA FP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 -1528 CIVIL TERM : IN CUSTODY Prior Judge: Hon. Edward E. Guido PETITION FOR CONTEMPT AND NOW comes the Defendant, Danny Lee Lower, by and through his attorney Paul D. Edger, Esquire of MidPenn Legal Services, and avers the following in support of his Petition for Contempt: 1. The Plaintiff/Respondent is Breia Carroll (hereinafter "Mother"), an adult individual with a last known address of 29 Dallas Drive, Grantville, Dauphin County, Pennsylvania 17028. 2. The Defendant/Petitioner is Danny Lee Lower (hereinafter "Father"), an adult individual with a current record address of 101 North Main Street, Marysville, Perry County, Pennsylvania 17053. 3. The parties are the natural parents of the following minor Child: Child's Name Chase Lee Lower Date of Birth February 11, 2002 4. On August 6, 2009 an Order concerning the custody of the minor Child was entered by the Honorable Judge Edward E. Guido. A true and correct copy of the Order is attached hereto as Exhibit "A." 5. Paragraph Two (2) of the August 6, 2009 Order states "Mother shall have primary physical custody of the child subject to periods of partial physical custody in Father as follows: A. Each Friday from 5:00 p.m. until Sunday at 5:00 p.m., except the weekend containing the third Friday of the month." See Ex. "A." 6. Father is also permitted a holiday schedule, including a Christmas schedule which occurs on Christmas Day at noon until New Year's day at noon. Id. 7. On April 20, 2Q14 Father was involved in an automobile accident which left him in a coma for two months at Hershey Medical Center. 8. Father awoke from the Coma in June of 2014, and left Hershey Medical on August 25, 2014. 9. Following Father's release from the hospital, Father immediately called Mother to see the Child. 10. Mother has refused to permit Father any time with the Child, and gives no reason to Father why he is not permitted to see the Child. 11. As of the date of this Petition, Father has not seen the Child since before his accident on April 20, 2014. 12. The best interests of the Child is served by permitting the Child to spend time with his Father, per the terms of the August 6, 2009 Order. 13. Mother's refusal to permit the Child to spend any time with Father violates Paragraph two (2) of the August 6, 2009 Order, and as such, Mother is in contempt of the Order. 14. Paragraph five (5) of the August 6, 2009 Order states "The child shall be entitled to liberal telephone contact with the non-custodial parent." Id. 15. Immediately following Father's awaking from the coma in June of 2014, Father immediately called to speak with the Child. 16. At all times since June 2014, Mother has refused to permit Father to speak with the Child. 17. Further, Mother refuses to discuss the Child's wellbeing with Father, absent his continued requests for information. 18. Father has not spoken with the Child since before his auto accident on April 20, 2014. 19. Mother's actions in refusing Father to speak with the Child, and refusal to provide any information concerning the Child's wellbeing, violates Paragraph five (5) of the August 6, 2009 Order, and as such, Mother is in contempt of the Order. 20. Even after experiencing the auto accident and subsequent medical procedures to repair the injuries, Father is currently in excellent physical shape and has no physical or mental limitations which would prohibit his care of the Child. 21. Jurisdiction is proper within Cumberland County pursuant to 23. Pa.C.S. §5422. 22. Undersigned counsel is unable to contact the Plaintiff concerning this Petition and her position on this Petition. However, it is assumed that Plaintiff would not concur with this Petition. WHEREFORE, the Defendant, Danny Lee Lower, respectfully requests this Honorable Court to grant the following relief: a. Plaintiff is held in contempt for repeated violations of this Court's August 6, 2009 Order; b. Plaintiff shall be required to pay sanctions in the amount of Five Hundred ($500.00) Dollars to Plaintiff's counsel within thirty (30) days of the date of the Order; c. The parties shall immediately resume the custody schedule per the August 6, 2009 Order of Court; and d. Any other relief this Court finds just and proper. Date: Z /iCl j Respectfully Submitted, Tidf enn Le _ . l : ervices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant VERIFICATION I, Danny Lee Lower, verify that the statements made in the above pleading 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: f.2///f7 Danny LLower, Plaintiff Exhibit "A" BREIA CARROLL, Plaintiff V. DANNY LEE LOWER, Defendant IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • • NO. 2009-1528 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2009, after hearing, our prior Temporary Order is vacated and replaced with the following: 1. The parties shall have joint legal custody of their son, Chase Lee Lower, born February 12, 2009.. 2. Mother shall have primary physical custody of the Child subject to periods of partial physical custody in Father as follows: A. School year: Each Friday from 5:00 p.m. until Sunday at 5:00 p.m., except the weekend containing the third Friday of the month. If there is no school on the Monday following Father's weekend, then his partial custody shall extend to Monday at 5:00 p.m. Provided, further, that the child shall return to Mother by noon on Mother's Day. B. Thanksgiving vacation: From Thanksgiving day at 4:00 p.m. until the following Sunday at 5:00 p.m. Provided, however, if Thanksgiving weekend falls on the third Friday of the month, then Mother shall have the following weekend. C. Christmas vacation: From Christmas day at noon until New Year's day at noon. D. Summer: Every other week from Friday at 5:00 until the following Friday at 5:00 commencing the Friday after school lets out until the Friday before school begins. E. Atsuch other times as the parties agree. 3. Transportation: Mother shall be responsible for providing the transportation necessary to effectuate the custody transfers. 4. Neither party shall use illegal drugs while the child is in their care and custody, nor shall either party drink any alcohol to excess. 5. The child shall be entitled to liberal telephone contact with the non-custodial parent. 6. This Court shall retain jurisdiction. By the Chu. r_✓� Edward E. Guido, J. Kara W. Haggerty, Esquire Attorney for Plaintiff ✓ Abraham Prozesky, Esquire Attorney for Defendant Sheriff - {n(d%,�•cce:Ut e.J sof‹ srs Corks g,f/O/C)? BREIA CARROLL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 - 1528 CIVIL TERM - LAW DANNY LEE LOWER Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Danny Lee Lower, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 El ❑ (relating to criminal homicide) El 18 Pa.C.S. § 2702 ❑ ❑ (relating to rn`) aggravated assault)- <ci El 18 Pa.C.S. § 2706 El ❑ 2c C (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 El El (relating to stalking) 0 w�- f}t :3 Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges LI 18 Pa.C.S. § 2901 LI 0 (relating to kidnapping) LI 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) 18 Pa.C.S. § 2903 (relating to false imprisonment) LI 18 Pa.C.S. § 2910 0 0 (relating to luring a child into a motor vehicle or structure) LI 18 Pa.C.S. § 3121 0 GI (relating to rape) LI 18 Pa.C.S. § 3122.1 LI 111 (relating to statutory sexual assault) 18 Pa.C.S. § 3123 LI (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 (relating to sexual assault) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges LI 18 Pa.C.S. 3125 LI CI (relating to aggravated indecent assault) 18 Pa.C.S. 3126 0 0 (relating to indecent assault) LI 18 Pa.C.S. § 3127 LI trelating to indecent exposure) LI 18 Pa.C.S. § 3129 LI 111 (relating to sexual intercourse with animal) LI 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. § 3301 D CI (relating to arson and related offenses) El 18 Pa.C.S. § 4302 (relating to incest) CI El 18 Pa.C.S. § 4303 LI CI (relating to concealing death of child) if Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges LI 18 Pa.C.S. § 4304 LI LI (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant childreril LI 18 Pa.C.S. § 5902(b) LI LI (relating to prostitution and related offenses) 18 Pa.C.S. §5903(b)/(d) LI (relating to obscene and other sexual materials and performances) 18 Pa.C.S. § 6301 (relating to corruption of minors) LI 111 18 Pa.C.S. § 6312 0 CI (relating to sexual abuse of children) 18 Pa.C.S. § 6318 LI (relating to unlawful contact with minor) LI 18 Pa.C.S. § 6320 0 0 (relating to sexual exploitation of children) Check all that apply Crime 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Sdf Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges El 12r Manufacture, sale, III" El delivery, holding, offering for sale or possession of any controlled substance or other drug or device 177r 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all that household apply member El A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction El Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where? D El El Cl Check Self Other all that household apply member El Other: El ❑ Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Name BREIA CARROLL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 - 1528 CIVIL TERM DANNY LEE LOWER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Paul D. Edger, Esquire, Attorney for the Defendant Danny Lee Lower, state that I did mail a copy of the foregoing document upon the following individual(s) and in the manner indicated below: USPS First Class Mail Date: J7 - II y Breia Carroll 29 Dallas Drive Grantville, PA 17028 Pau115-. E. , Esquire BREIA CARROLL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 -1528 CIVIL TERM DANNY LEE LOWER, Defendant . : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Danny Lee Lower, Defendant in the above -captioned matter, to proceed in forma pauperis. I, Paul D. Edger, Esquire of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 2 Date: Respectfully Submitted, Minn L Services Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant C) 'n C-3 BREIA CARROLL PLAINTIFF V. DANNY LEE LOWER DEFENDANT IN THE COURT OF COMMON PLEAS OF t) ¶ CUMBERLAND COUNTY, PENNSYLAI T��1 i ' • 2009-1528 CIVIL ACTION LAW C-' w c, ter- IN) .- ._._,ca IN CUSTODY F,,,, u- . yr, -y" 7.i, ZU Q c.>.... ORDER OF COURT --3 AND NOW, Tuesday, December 23, 2014 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Thursday, January 29, 2015 8:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. OILY Custody Conciliator r 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 ()svgs.,ed ` P 32 South Bedford Street • $P"4 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 • Delf- 7/ /(42y P (Z/ V/I y