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Home My WebLink About05-0663 ADAM W. BREAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ; No. 2005- 10 {..], CIVIL TERM Defendant : CIVIL ACTION- LAW ; IN CUSTODY EUNICE WEAVER, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or other claim or relief requested in these papers by the Plaintiff. You rnay lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request rnarriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSELING FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD, 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, PA 17013 TELEPHONE NUMBER-717-249-3166 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 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. ADAM W. BREAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005- /.,.(.2, CIVIL TERM Defendant : CIVIL ACTION- LAW : IN CUSTODY EUNICE WEAVER, COMPLAINT FOR PARTIAL CUSTODY AND NOW, Plaintiff Adam W. Bream, by and through his attorney, Derek R. Clepper, Esquire, files a Complaint for Partial Custody against Defendant, Eunice Weaver, and in support thereof, avers the following: 1. Plaintiff is Adam W. Bream, an adult individual residing at 9 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Eunice Weaver, an adult individual residing at 9 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody ofthe following child: Name Present Address Date of Birth Emma Jade Bream 9 West Springville Road September 12,2003 The child was born out of wedlock. The child is presently in the custody of, Adam W. Bream and Eunice Weaver, who currently reside at 9 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. During the past five years, the child resided with the following persons and at the following address: Persons Residences Dates Adam W. Bream Eunice Weaver Jeremy Weaver Jenna Weaver 9 West Springville Road Boiling Springs, P A September 12, 2003- Present The mother of the child is Eunice Weaver, who currently resides at 9 West Springville Road, Cumberland County, Pennsylvania. She is single. The father ofthe child is Adam W. Bream, who currently resides at 9 West Springville Road, Cumberland County, Pennsylvania He is single 4. The relationship of the Plaintiff to the child is that of Father. Plaintiff currently resides with the following persons: Name Relationship Eunice Weaver Former intimate partner Jeremy Weaver None J enna Weaver None 5. The relationship of the Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship Adam W. Bream Former intimate partner Jeremy Weaver Son Jenna Weaver Daughter 6. Plaintiff has not participated as a party or witness, or in any other 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of this child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare ofthe child will be served by granting the relief requested because the child will benefit from a relationship with her father. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff, Adam W. Bream, respectfully requests that this Honorable Court enter an Order granting him partial custody of the child. Respectfully Submifted, ere R. Clepper, sqUIre Attorney for Plaintiff Supreme Court J.D. # 90810 340 First Street Boiling Springs, P A 17007 (717)-226-1514 DATE: tW'~ VERFICATION I, Adam W. Bream, verify that the statements made in fhe foregoing Complaint for Partial Custody 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. ~ I A). -Z-=) II OA/y,...... Adam W. Bream Plaintiff DATED: c9lo~/05 , , ADAM W. BREAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005- CIVIL TERM Defendant : CNIL ACTION- LAW : IN CUSTODY EUNICE WEAVER, CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, Attorney for Plaintiff, Adam W. Bream, hereby certify that I have served a true and correct copy of this COMPLAINT FOR PARTIAL CUSTODY upon the Defendant, Eunice M. Weaver, by depositing the same in the U.S. Mail, First Class, Postage Prepaid, Restricted Delivery, Return Receipt Requested, to the following address: Eunice Weaver 9 West Springville Road Boiling Springs, P A 17007 DATED: 2{,/,r ek R. Clepper, Esquire Attorney for Plaintiff 340 First Street Boiling Springs, P A 17007 (717)-226-1514 Supreme Court LD. 90810 o 1- ('~ - ~ '- --- IS'- (). w ~ ~ V) C) B ~ (;), :e --:t- C~J -'n ....1 ;" iT... '::. '.. '.'. .'1.r(;) OJ I}~ .' 1_, I . , _.J , ~" ':; :D ;.;~ ;~':A ..- ., c.:;. ADAM W. BREAM PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-663 CIVIL ACTION LAW EUNICE WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, February 10, 2005 , 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, Cumberlaud Couuty Co.~!!~!!.o.~.~L<::~_':iisle on Frida}, March 04, 2005......,._ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be madc to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to bc heard by the court, and to enter into a temporary order. All children age fivc 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 prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X Gilroy" Esq. Custody Conciliator +~I\ 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 HA VE 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 , //. 7"/ .4,~?/ ;,/.>1?- ~/l?l{?V ~? . ~7 ft rijr y>1/ 71l,pji, ~ #r ~ qJ'J'1f (ir, r~) ^ \ "... I ~ \ U .t, \.,<;\ O. ~- \ ,\ \,'~'~ ---- ftJ vi { )V <7/ t 57'/C .v 0' (. - JRECEIVED JUl 212005 l~ ADAM W. BREAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW EUNICE WEAVER, Defendant NO. 2005-663 IN CUSTODY COURT ORDER AND NOW, this z-,-r' day of July, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Adam W. Bream, and the mother, Eunice Weaver, shall enjoy shared legal custody of EmmA Jade Bream, born September 12, 2003, 2. Physical custody of the minor child shall be handled as follows: a. During week one of father's work schedule when he works 8:00 a.m. to 4:00 p.m., father shall have custody of the minor <<:hiId from Monday at 5:00 p.m. through Wednesday at 7:00 a.m., and also on Thursday at 5:00 p.m. through Saturday at 6:00 p.m. b. During week two of father's work schedule when father works midnight until 8:00 a.m., father shall have custody of the miinor child on Monday, Tuesday and Wednesday from noon until 5:00 p.m., aIlld shall also have custody of the minor child from Thursday at noon through SlIInday at 3:00 p.m. c. During week three of father's work schedule when he works 4:00 p.m. until midnight, father shall have custody of the mbilor child on Monday, Tuesday, Wednesday, Thursday and Friday from 10:00 a.m. until 3:00 p.m. F~LEC"""O):riCc OF THE pnc;r..:D;,iOT/\RY ZU05 JUL 25 M111: 0 I CI' . ;,)J';;> d. For the times set forth above where the father is not afforded physical custody, the mother shaD enjoy physical custody of the minor child during those times. e. The parties may modify this schedule as they agree. Absent an agreement, this schedule shall control. 3. The parties shaD meet again before the Custody Conciliator for a conference on September 15, 2005 at 8:30 a.m. In the event there are any l1ll\ior problems with this schedule, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference call for purposes of addressing any issues, after which the Conciliator may recommend a modified Order to the Court. 4. This Order is a temporary Order and the parties el;lch retain the right to advance a different Custody schedule in the event they feel this schedule is not working after a few months of a trial run. 5. The above schedule shall be suspended during any week of vacation that the parties have scheduled, so that mother may take the child on her scheduled vacation which starts on August 5th and runs through approximatl!ly August 10th. Additionally, if father gets a week off work over the next few moths and gives mother at least ten days notice, father may exercise a one-week vacation with the minor child. c~attbew A. McKnight, &quire lA>erek R. Clepper, &quire \/ ' COURT, ./ .A~ ?)eP ~/~ o ADAM W. BREAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW EUNICE WEAVER, Defendant NO. 2005-663 IN CUSTODY CONCILIATION CONFERENCE SUM1VlARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Emma Jade Bream bom September 12, 2003. 2. A Conciliation Conference was held on July 14, 200:5, with the following individuals in attendance: The father, Adam W. Bream, with his counsel, Dertlk R. Clepper, Esquire, and the mother, Eunice Weaver, with her counsel, Matthew A. McKnight, Esquire. 3. Based upon the recommendation of the Custody Conciliator, the parties have agreed to the entry of a temporary Order in the form as attal~hed. .-/ '7- ;)1/ ---~ r DATE ~ ,)'RECEIVEr; S::D 23 7.n.05\ ADAM W. BREAM, Plaintiff IN THE COURT OF COMMO~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW EUNICE WEAVER, Defendant NO. 2005-663 IN CUSTODY COURT ORDER AND NOW, this 2 8' day of September 2005, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of July 25, 2005 is modified with paragraph 2 being modified as follows: 1. Father shall have custody of the minor child as follows: a. On alternating weekends from 9:00 a.m. on Friday until 7:00 p.m. on Sunday. However, for the weekend of September 23rd, Father's custody shall start at 5:00 p.m. b. When Father is off work during the week for the two days under his existing work schedule, he shall have custody of the minor child from 9:00 a.m. on the first day until 7:00 p.m. on the second day, which will include an overnight. When Father works the night shift the evening before a weekday, his custody with the child shall start at noon when he shall pick the child up at the babysitter. 2. The Mother shall have primary custody at times Father does not have custody. 3. In all other respects, this Court's prior Order of July 25, 2005 shall remain in effect. 4. Legal counsel for the parties may contact the Conciliator directly with a letter request in the event they desire to have another custody conciliation conference in this case. V:;\4\'~Y;,\':::~:';i AU\[;'--(' (" "'\'\jn:) 9S : I !,Id 92 J3S SOUZ Ai:J\i.LC\;;~i-L;CUd 3H1 :iO :J:JI::!:i(}-(j31l:l S. It is further ordered that Derek R. Clepper, Esquire, may withdraw as counsel for the Plaintiff Father in light of the conflict that has arisen with Mr. Clepper also serving as attorney for the Cumberland County Domestic Relations Office. 6. On days Father is starting custody on weekdays and he is available and Mother is leaving early to go to work, Father can pick up the minor child early in the morning prior to Mother leaving for work. BY THE COURT, cc: ~hew A. McKnight, Esquire ~ ~ek R. Clepper, Esquire ADAM W. BREAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W EUNICE WEAVER, Defendant NO. 2005-663 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Emma Jade Bream born September 12,2003. 2. A Conciliation Conference was held on September 15, 2005, with the following individuals in attendance: Father, Adam W. Bream, with his counsel, Derek R. Clepper, Esquire Mother, Eunice Weaver, with her counsel, Matthew A. McKnight, Esquire 3. Based upon the recommendation of the Custody Conciliator, the parties have agreed to the entry of a temporary Order in the form as attached. r}.d-~O~ DATE Hubert X. Gilroy, Es ire Custody Conciliator ADAM W. BREAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005- 663 CIVIL TERM EUNICE WEAVER, Defendant CIVIL ACTION- LAW IN CUSTODY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw my appearance for Plaintiff, Adam W. Bream, in the above captioned matter, pursuant to the Order of Court dated September 28,2005. DATE: (0(/1105 ~!lf Supreme Court ID 90810 340 First Street Boiling Springs, P A 17007 717-226-1514 '" c::> e.;:l- c.n <=> (~'J 7:'''' ."','~ a en co o -n -, ;+;'>1 "F {:3 , C:.l rn