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HomeMy WebLinkAbout04-2345TARA RENEE FREEMAN, Plaintiff DOUGLAS R. FREEMAN, Defendant IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Tara Renee Freeman, by and through her attomeys, Richard C. Gaffney, Jr., MBA, Esquire and Smigel, Anderson & Sacks, LLP, and files the following Complaint for Custody: 1. The Plaintiff is TARA RENEE FREEMAN, residing at 8 Ashley Court, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is DOUGLAS R. FREEMAN, residing at an undisclosed location in Delaware. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Jeremy Freeman 8 Ashley Court 10 years old Boiling Springs, PA 17007 The Child was not bom out of wedlock. The Child is presently in the custody of Mother, TARA RENEE FREEMAN, who resides at 8 Ashley Court, Boiling Springs, Cumberland County, Pennsylvania 17007. During the past five (5) years, the Child has resided with the following person(s) and at the following addresses: NAME Tara Renee Freeman and Douglas R. Freeman Tara Renee Freeman ADDRESSES 8 Ashley Court Boiling Springs, PA 17007 8 Ashley Court Boiling Springs, PA 17007 DATE July 1997 to June 2000 June 2000 to Present RELATIONSHIP Son The relationship of Defendant to the Child is that of natural Father. NAME Jeremy Freeman The Mother of the Child is TARA RENEE FREEMAN, currently residing at 8 Ashley Court, Boiling Springs, Cumberland County, Pennsylvania 17007. She is married to, but separated from DOUGLAS R. FREEMAN. The Father of the Child is DOUGLAS R. FREEMAN, currently residing at an undisclosed location in Delaware. He is married to, but separated from TARA RENEE FREEMAN. 4. The relationship of Plaintiffto the Child is that of natural Mother. The Plaintiff currently resides with the following person(s): The Defendant currently resides with the following person(s): NAME Unknown RELATIONSHIP 6. 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. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Since Jeremy's birth and continuing to this day, Plaintiff has been Jeremy's primary care giving parent. B. Plaintiff is better able to provide Jeremy with a warm, loving home environment. C. Plaintiffis better able to provide for Jeremy's physical, emotional, educational and spiritual needs. D. Jeremy's expressed desire is to remain in the primary physical custody of Plaintiff. 8. Each parent whose parental fights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action. All other persons, named below, who are known to have or claim a fight to custody or visitation of the child will be given notice of the pendency of this action and the fight to intervene: NAME Douglas R. Freeman ADDRESSES c/o Jane Adams, Esquire 36 S. Pitt Street Carlisle, PA 17013-3225 BASIS OF CLAIM Father WHEREFORE, Plaintiffrequests that this Honorable Court grant custody of the Child. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Richard C. Gai'~ney,'~.,~A, Esquire Supreme Court I.D. #6331'3 River Chase Office Center, 3ro Floor 4431 N. Front Street Harrisburg, PA 17110-1709 Attorney for Plaintiff VERIFICATION I, TARA RENEE FREEMAN, verify that the statements made in this 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: TARA RENEE FREEMAN, Plaintiff DOUGLAS R. FREEMAN, Defendant IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE On this offer=day of May 2004, the undersigned hereby certifies that she did serve a tree and correct copy of the foregoing document on counsel for the Defendm~t by depositing same in the U.S. Mail, first class, postage prepaid, addressed as follows: Jane Adams, Esquire 36 S. Pitt Street Carlisle, PA 17013 Tara Renee Freeman 8 Ashley Court Boiling Springs, PA 17007 SMIGEL, ANDERSON, & SACKS, LLP TARA RENEE FREEMAN PLAINTIFF V. DOUGLAS R. FREEMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-2345 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 09, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before I)awn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsbur$, PA 17055 on Wednesday, July 14, 2004 at 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. 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 Custody orders to the conciliator 48 hours pricer to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. mhc 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 HI~;LP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TARA RENEE FREEMAN Plaintiff VS. DOUGLAS R. FREEMAN Defendant AU8 1 0 200 IN THE COURT OF COMMON PLEAS OF CUMBERL,MND COUNTY, PENNSYLVANIA 04-2345 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT · AND NOW, this [ ~4"~e~ day of '~'~'~' consideration of the attached Custod,, r,~__:i':_,: ,, ~'_ ~ . .f',." , 2004, upon y ,.~utxumauon K~port, lI IS ordered and directed as follows: 1. The Mother, Tara Renee Freeman, and the Father, Douglas R. Freeman, shall have shared legal custody of Jeremy Freeman, bom August 11, 1993. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends during the school year from Friday at 6:00 p.m. through Sunday at 6:00 p.m., and during the summer, from Friday at 6:00 p.m. through Monday. The Father's weekend periods of custody shall begin on the weekends of July 16, 2004 and July 23, 2004 and shall continue on an alternating basis thereafter. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In even numbered years, the Father shall have custody of the Child from 6:00 p.m. on the last day of school before the holiday school break until December 26 at 12:00 noon and the Mother shall have custody from December 26 at 12:00 noon through New Years Day. In odd numbered years, the Mother shall have custody of the Child from 6:00 p.m. on the last day of school before the holiday school break until December 26 at 12:00 noon and the Father shall have custody from December 26 at 12:00 noon through New Years Day. B. ~: The Thanksgiving holiday period of custody shall run from the Wednesday evening before Thanksgiving at 6:00 p.m. through 6:00 p.m. on the evening before school resumes after the holiday. The Mother shall have custody of the Child on Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. C. Easter: The Easter holiday period of custody shall nm from 6:00 p.m. on the last day of school before the holiday through Easter Sunday at 6:00 p.m. The Father shall have custody of the Child over Easter in even numbered years and the Mother shall have custody in odd numbered years. D. _Memorial Day/Labor Day: The holiday period of custody under this provision shall nm from Friday at 6:00 p.m. through the day of the holiday at 6:00 p.m. The Father shall have custody of the Child over Memorial Day and Labor Day weekends in odd numbered years and the Mother shall have custody in even numbered years. .E. _Independence Day: In the event the Independence Day holiday falls immediately before, ~mmediately following or during a weekend, the period of custody shall include the entire weekend period with the exchanges to take place at 6:00 p.m.unless otherwise agreed between the parties. The Father shall have custody of the Child ow~r Independence Da in even numbered years and the Mother shall have custody in odd numbered years. ~Yt~e event the Independence Day holiday falls during the week from Tuesday through Thursday, the parties agree that the regular custody schedule shall apply and no special holiday arrangements shall be in effect. F. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. G. In the event a parent misses a period of regular weekend custody due to the holiday scheduie, that parent shall be entitled to have custody of the Child on the immediately followin.g weekend which will result in each party having custody of the Child for two consecutive weekends prior to resuming the alternating schedule. H. The parties may adjust the exchange times under this provision if arranged by agreement. I. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have two uninterrupted one-week (consecutive or non- consecutive) periods of custody with the Child during the summer school break each year upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. For the remainder of the summer in 2004, the Father shall be entitled to have custody for two weeks upon providing at least one week advance notice for a period in July and two weeks notice for a period of custody in August. The Mother shall be entitled to have custody of the Child for a one-week period in 2004 with the same notice requirements. 6. The custodial parent shall not inhibit the Child from contacting the non-custodial parent by telephone at least one time per week. The custodial parent shall ensure that the Child receives all telephone messages from the other parent. 7. In the event either party intends to remove the Child fi'om his or her residence for an overnight period or longer, that party shall provide advance notice of the address and telephone number where the Child can be contacted. 8. Unless otherwise agreed between the parties, exchanges of custody on Fridays shall take place at the Carrabas Restaurant at the Hunt Valley Mall. The Father shall provide all transportation for returning custody on Sundays when the Child has a scheduled activity which the Father is attending. All other exchanges of custody shall take place at the Security Square Mall on Security Boulevard in Maryland. 9. In the event either party intends to relocate his or her residence resulting in a greater distance between the parties' existing residences, that party shall provide at least 60 days advance notice to the other party to enable the parties to make appropriate adjustments to the custody arrangements by agreement or through the legal process. 10. Neither party shall do or say anything which may estra~nge the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at 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. Edward E. Guido j. cc: · _'l~hard C. Gaffney, Jr., Esquire - Counsel for Mother c,Y'ane Adams, Esquire - Counsel for Father TARA RENEE FREEMAN Plaintiff VS. DOUGLAS R. FREEMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLA~4D COUNTY, PENNSYLVANIA 04-2345 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPOR. · , ...... ,~-~gneu custody Concmator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jeremy Freeman DATE OF BIRTH August 11, 1993 CURRIENTLY IN CUSTODY OF Mother 2. A conciliation conference was held on July 14, 2004, with the following individuals in attendance: The Mother, Tara Renee Freeman, with her counsel, Richard C. Gaffney, Jr., Esquire, and the Father's co,,-~-. T ~c~, Jane Adams, Esquire. The Father, Douglas R. Freeman, who currently resides in Delaware, participated in the conference by telephone due to the early scheduling of the conference time. 3. The parties agreed to entry of an Order in the form as mtached, with the exception of the provision requiting the sharing of transportation which is the recommendation of the conciliator in accordance with the direction provided by the Court. Date awn S. Sunday, Esquir~--~ Custody Conciliator LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attomey for Defendant TARA RENEE FREEMAN : Plaintiff : : v. : NO. 04-2345 CIVI[L : DOUGLAS R. FREEMAN, : CIVIL ACTION - ]LAW Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WITHDRAWAL AS COUNSEL Kindly withdraw my appearance as counsel on behalf of Douglas R. Freeman, Defendant, in the above matter. ~ J9 [e ~d-a~ns, Esquire /3 { ~. Pitt Street Date: I1- I~-O ~ (' Cra'lisle, PA 17013 ENTRY OF APPEARANCE Kindly enter my appearance as counsel on behalf of Douglas R. Freeman, Defendant, in the above matter. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA '17011 (717) 591-1755 Attorney for Defendant TARA RENEE FREEMAN, Plaintiff Vo DOUGLAS R. FREEMAN, Defendant IN THE COURT (IF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2345 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the WITHDRAWAL AS COUNSEL AND ENTRY O~F APPEARANCE upon the person (s) and in the manner indicated below, service,' by First-Class Mail, Postage Prepaid, and Addressed as Follows: Richard C. Gaffney, II, Esquire 443 N. Front Street Harrisburg, PA 17110 M'~lissa M. 1V~haffey -'