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HomeMy WebLinkAbout04-2285NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DEREK A. BREAM, Plaintiff RHONNDA L. CLARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 2004- ~5~ CIVIL TERM : : CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Derek A~ Bream, byhis attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Derek A~ Bream, an adult individual residing at 5 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Rbonnda L. Oark, an adult individual residing at 5 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks custody of the following children: Name Present Residence Jacob A. Bream 5 Forge Road Boiling Springs, PA 17007 3~ars D.O.B. 2/02/2001 4. Plaintiff and defendant are the natural parents of the child. 5. The child was bom out of wedlock. 6. The child is presently in the custody of defendant but resided with both parents from the time of his birth until on or about April 18, 2004 when the parties separated. Since that time, the child has been in the custody of the defendant, but the plaintiff has been afforded oppommifies to have visitation with the child. 7. The part/es have never been married. 8. The mother of the child is currently single. 9. The father of the child is currently single. i0. Plaintiff has not participated as a party or witness, or in another capacity, in other liftgation concerning the custodyof the child in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the ckild pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party m the proceedings who has physical custodyof the child or claims to have custody or visitation fights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granfmg the relief requested herein because the defendant has informed the plaintiff that she intends to remove the cb_i/d from the jurisdiction and move with the child to Ohio, where defendant's family resides. 14. Defendant has resided in Cumberland County in excess of ten years. 15. Plaintiff has always lived in the Carlisle area, and his family resides in the area. 16. The parties have friends and strong ties to the area. 17. Plaintiff fears that if Defendant is permitted to remove the child from the jurisdiction that he will be extremely limited in the opportunities he has to be with the child and will thus result in the child becoming alienated from plaintiff. 18. Plaintiff also feats that the child's best interests and permanent welfare will be jeopardized in that the relationskips that the child has with Phintiff's familywill be greatly diminished. 19. Plaintiff maintains stable employment, has provided a stable home environment for the child. 20. Phintiff is willing to make any necessary adjustments to his working schedule and his temporaryliving situation to facilitate being the child's primary caregiver. 21. Plaintiff is gainfully employed bya corporation in Cumberland County and has sufficient means to care for the welfare of the child. 22. Plaintiff acknowledges the need for the child to have a rehtionship with defendant and will, if given the opportunity, work to reinforce that relationship. 23. By defendant's own actions, she has demonstrated that she is not inclined, nor is she likely to take steps to support and nurture the rehtionship between the plaintiff and the child. WHEREFORE, for the reasons set forth herein, plaintiff, Derek A. Bream, respectfully requests that the Court enter an oder granting primary physical custody of the child to the plaintiff. Dated: May ~.), 2004 Respectful/y submitted, S te 2, r j C arli es~es~es~e_~P.~fT013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby vedfy that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. GS. $4904, relating to tmswom falsification to authorities. May c~3 ,2004 Derek A. Bream NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DEREK A. BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff RHONNDA L. CLARK, Defendant CUMBERLAND 'COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2004- o~ CIVIL TERM CUSTODY ORDER OF COURT NOW this .2/~' day of May, 2004 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. Pending a custodyconcilhtion conference in this matter; primaryphysical custodyshall be with Mother. 2. Pending further Order of Court, Mother is specifically &[rected not to remove the child from the jurisdiction for a period in excess of 72 hours without the express written consent of Father. 3. The Court Administrator's office is direct to schedule an expedited conciliation conference to fully address the presented in this matter. By the Court, J. FiLED-O?FCE OF TFIE PROT~-~©",",;)T,~,R.v ZOt]~I.:'~¥ 21 Al'Ill: 29 CL'kl..:~: ;. :;~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) z41-4436 ATTORNEY FOR PLAINTIFF DEREK A. BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff RHONNDA L. CLARK, Defendant · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004- 2L$OCIVIL TERM : CUSTODY PETITION FOR SPECIAL RE!.!EF AND NOW comes the Petitioner, Derek& Bream, byhis attorney, Nathan C. Wolf, Esquire, and files this petition for special relief respectfully representing as follows: 1. The plaintiff is Derek A. Bream, an adult individual residing at 5 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Rhonnda L. Clark, an adult individual residing at 5 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007· 3. The plaintiff and defendant are the natural parents of one minor child, namely:. ~ Present Residence flee Jacob A. Bream 5 Forge Road 3 ye~.t~ Boiling Springs, PA 17007 D.O.B. 2/02/2001 4. The child is presently in the custody of defendant but resided with both parents from the time of his birth until on or about April 18, 2004 when the parties separated. Since that time, the child has been in the custody of the Mother, but the Father has been afforded opportunities to have visitation with the child. 5. On or about May 19, 2004, Mother informed Father that she intended to leave Pennsylvania with the child and move to Ohio. Father believes and therefore avers that it would be m the best interests of the child for this Court to issue an Order for Special Relief, directing Mother not to remove the child from the jurisdiction without the express written consent of the father, to prevent the child from being removed from the jurisdiction before a conciliation conference can be held on this matter. 7. Father has, tiffs date, initiated an action in Custody bythe filing of a complaint with the WHEREFORE, Petitioner, Derek A. Bream prays this Honorable Court enter a Temporary Custody Order directing Respondent, Rhonnda A. Clark, not to remove the, child from this jurisdiction in excess of 72 hours without the express written consent of the Petitioner, pending further Order of Court, and directing the Court Administrator's office to schedule an expedited custody conciliation conference to address the issues raised in this matter. Dated: May ~,, 2004 Respectfully submitted, Car/isle, PA 17013 Supreme Co~urt I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby vetifythat the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. May )-0,2004 Derek A. Bream DEREK A. BREAM PLAINTIFF V. RHONNDA L. CLARK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-2285 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja{~queline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 17, 2004 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. All children age five or older may also be vresent at the conference. Failure to aly0ear 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/ ]acqueline M. Verney. Esq Custody Conciliator rnhc 2~e 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 TillS 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 A~].ONOHtO~ ~H1 ~0 JUN 3 3 2004 DEREK A. BREAM, Plaintiff V. RHONNDA L. CLARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-2285 CIVIL TERM : : CIVIL ACTION - ]LAW : : IN CUSTODY ORDER OF COURT AND NOW, this /~t" day of <ffa~.~. ,2004, upon consideration of the attached Custody Conciliation Report, i[t is ordered and directed as follows: 1. The prior Order of Court dated May 21, 2004 is hereby vacated. 2. Father, Derek A. Bream, and Mother, Rhonnda L. Clark, shall have shared legal custody of Jacob A. Bream, bom February 2, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the child until July 1, 2004. After July 1, 2004, Father may have up to 50% of physical custody depending on his work schedule, at times agreed by the parties. 4. Mother is taking the child on vacation out of state from June 14-18, 2004. Father agrees Mother may remove the child from the jurisdiction for that period of time provided she gives Father a location and telephone number where the child may be reached. 5. Neither parent may relocate the child permanently outside of the jurisdiction without prior Order of Court. 6. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child onFather' s Day, both at times' agreed by the parties. 7. Transportation shall be shared such that the receiving party shall transport the child. 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. Another Conciliation Conference is scheduled for August 16, at 9:30 a.m. BY THE CO'URT, cc: Nathan C. Wolf, Esquire, counsel for Father / J' Jane Adams, Esquire, counsel for Mother ~ ~ ~ -/~o q DEREK A. BREAM, Plaintiff RHONNDA L. CLARK, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : : 2003-2285 CIVIl, TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORI' IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jacob A. Bream DATE OF BIRTH February 2, 2001 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on June 10, 2004 with the following individuals in attendance: The Father, Derek A. Bream, with his counsel, Nathan C. Wolf, Esquire, and Mother, Rhonnda L. Clark, with her counsel, Jane Adams, Esquire. 3. A prior Order of Court dated May 21, 2004 was entered by the Honorable Kevin A. Hess in response to Father's Petition for Special Relief. The Order of Court provided for Mother to have primary physical custody of the child, but prohibited her from removing the child from the jurisdiction in excess of 72 hours without the express written consent of Father. 4. The parties agreed to an Order in the form as attached. Date irney, E~q uire~ Custody Conciliator DEREK A. BREAM, Plaintiff RHONNDA L. CLARK, Defendant SEP ~ ~ 2tltlt~ ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2285 CIVIL TERM CIVIL ACTION -, LAW IN CUSTODY ORDER OF COURT AND NOW, this ~- day of~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 14, 2004 shall remain in full force and effect with the following modifications. 2. Paragraph 3 shall be deleted in its entirety and replaced with the following: Mother shall have primary physical custody of the Child with Father having the following periods of partial physical custody: A. Beginning October 8, 2004, Friday at 5:6,0 p.m. to Saturday at 5:00 p.m. and alternating thereafter until Father has exercised three such overnight periods. B. Once Father has exercised three overnights as set forth above, then alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. C.Such other times as the parties agree. 3. Paragraph 4 of the prior Order shall be deleted in its entirety and replaced with the following: Each parent shall be entitled to one uninterm,,te,~ --.~ ~ · - · e' ~ wweK in the summer provided they give the other party 60 days prior notice. Either party may remove the Child from the jurisdiction provided they give the other party a location and telephone number where the Child may be reached. 4. The following shall be in effect in addition to the provisions of the Order of June 14, 2004: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the Child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. B. Christmas shall he divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas [)ay at 12:00 noon and Block B shall be from Christmas Day ~,t 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B unless otherwise agreed. C. Each parent shall be entitled to a block of time with the Child on the child's birthday. D. Other holidays shall be shared as agreed by the parties. E. In the event that Father is in need of a babysitter for longer than one hour, he shall contact Mother and offer said opportunity to Mother. F. The parties are entitled to liberal telephone contact. 5. 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, cc: Nathan C. Wolf, Esquire, counsel for Father ~ )/~//~ J' Jane Adams, Esquire, counsel for Mother ~ ~ c?. ~d~ ~ ~t DEREK A. BREAM, Plaintiff V. RHONNDA L. CLARK, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-2285 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliiator submits the £ollowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jacob A. Bream DATE OF BIRTH CURRJENTLY IN CUSTODY OF February 2, 2001 Mother 2. A Conciliation Conference was held in this matter on September 27, 2004 with the following individuals in attendance: The Father, De, rek A. Bream, with his counsel, Nathan C. Wolf, Esquire, and Mother, Rhormda L. Clark, with her counsel, Jane Adams, Esquire. 3. A prior Order of Court dated June 14, 2004 was entered by the Honorable Kevin A. Hess providing for shared legal and shared physical custody. Father has not fully exercised his periods of custody. 4. The parties agreed to an Order in the form as attached. Date ~cql~ine M. Vemey, Esquire Custody Conciliator