Loading...
HomeMy WebLinkAbout05-1969BERNADETTE FAY Plaintiff V. ROBIN DEMAREST and WESLEY SUMNER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-- /910g CIVIL TERM CIVIL ACTION - CUSTODY COMPLAINT OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, BERNADETTE FAY, by and through her attorneys, & Coyne, P.C., and avers the following in support of this complaint of custody: 1. Plaintiff is BERNADETTE FAY, an adult individual, who currently resides at 4 Circle, Camp Hill, (Lower Allen Township), Cumberland County, Pennsylvania. 2. Defendants are ROBIN DEMAREST, an adult individual, who currently lives streets of New Cumberland and WESLEY SUMNER location is unknown but believed to be in Pennsylvania. 3. Plaintiff is the maternal grandmother of REILLY A. DEMAREST, born April 17, 4. The mother of the minor child is ROBIN DEMAREST, lives on the streets Cumberland since March 28, 2005. 5. Before March 28, 2005, mother lived with Plaintiff, Grandfather Robert brother, James Demarest at 4 Chelten Circle, Camp Hill, Pennsylvania. 6. Plaintiff seeks custody of her minor grandson, REILLY A. DEMAREST, born 2000. the and 17, 7. The child was born out of wedlock. 8, The child is presently in the custody of the Plaintiff grandmother who resides Chelten Circle, Camp Hill, Pennsylvania. in other 9. For the last five years, the child has resided with the following persons and 4t the following addresses: Name: Bernadette Fay (Grandmother), Robert Demarest(Grandfather), & James Demarest (Uncle) Bernadette Fay (Grandmother), Robert Demarest(Grandfather), James Demarest (Uncle), & Robin Demarest (Mother) Residence: 4 Chelten Circle Camp Hill, PA 17011 4 Chelten Circle Camp Hill, PA 17011 Bernadette Fay (Grandmother), 4 Chelten Circle Robert Demarest(Grandfather), Camp Hill, PA 17011 James Demarest (Uncle), Robin Demarest (Mother) & Wesley Sumner (Father) 10. The Mother of the minor child is Robin Demarest. 11. The Father of the child is the Defendant, Wesley Sumner. Dates: March 28, 2005 to Present December 2001 to March 28, 201 Birth to December 2001 12. The relationship of the Plaintiff to the child is that of maternal grandmother. 13. The relationship of the Defendants to the child is that of mother and father. 14. Plaintiff has not participated as a party or witness, or in another litigation concerning the custody of the child in this or another court. 15. Plaintiff has no information of a custody proceeding concerning the child court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings that 4 in a physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. Since the child's birth, the child has always resided with the grandmother. 18. The best interest and welfare of the minor child will be served by granting the requested because given mother has many drug and alcohol uses and is living on the streets Cumberland, Pennsylvania and father has not seen his son in the past two years. 19. Each parent whose parental rights to the child has not been terminated and the who has physical custody of the child has been named as parties to this action. All other persons, below, who are known to have or claim a right to custody or visitation of the child will be given+ice of the pendancy of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff legal and custody of the minor child, REILLY A. DEMAREST. Dated: y-!'y'o S Respectfully submitted, COYNE & COYNE, P.C. /By: f? USTIN F. GRO AN, ESQUIRE 3901 Market Street VV Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 59020 Attorneys for Plaintiff VERIFICATION The facts set forth in the foregoing are true and correct to the best of the knowledge, information and belief and are verified subject to the penalties for falsification to authorities under 18 Pa. C.S.A. § 4904. Dated:_ BERNADETTEFAY / F-?) J G+\'a rY n1 71 G7 ?? ._, am y . h? BERNADETTE FAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1969 CIVIL ACTION LAW ROBIN DEMAREST & WESLEY SUMNER DIFF.NDANT IN CUSTODY ORDER OF COURT AND NOW, _ Monday, April 25, 2005 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 24, 2005 at 12:30 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. 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 prior to scheduled hearing. FOR THE COURT. By: _ /s/ Daum S. Sunda Es _ 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 VINVA IA?NIN?d S I :q Wd S2 M 990? ^ , ^' r RECEIVED MAY 2 7 2005 W L z m dUionJ01 BERNADETTEFAY Plaintiff vs. ROBIN DEMAREST AND WESLEY SUMNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1969 CIVIL ACTION LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2A day of m2 , 2005, upon consideration of the attached Custody Conciliation Report, it is orde ed and directed as follows: 1. On a temporary basis pending the custody conciliation conference scheduled in this Order, the Mother, Robin Demarest, and the Maternal Grandmother, Bernadette Fay, shall have shared legal custody of Reilly A. Demarest, born April 17, 2000. Each party shall have an equal right, to be exercised jointly with the other party, 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 party shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. On a temporary basis pending the custody conciliation conference scheduled in this Order, the Maternal Grandmother shall have primary physical custody of the Child and the Mother shall have physical custody every week from Wednesday at 4:00 p.m, through Friday at 9:00 p.m., beginning May 25, 2005. The times for exchange of custody under this provision may be adjusted by agreement. 3. The parties and their counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on July 25, 2005 at 9:00 a.m. for the purpose of reviewing the temporary arrangements and establishing ongoing custodial arrangements for the Child. 4. 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 terns of this Order shall control. BY THE COURT, cc: J: Austin F. Grogan, Esquire - Counsel for Matemal randmother Robin Demarest, Mother L<? GO:ii( !-;! i gins Jr) J BERNADETTE FAY Plaintiff vs. ROBIN DEMAREST AND WESLEY SUMNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1969 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Reilly A. Demarest April 17, 2000 Plaintiff Maternal Grandmother 2. A conciliation conference was held on May 24, 2005, with the following individuals in attendance: The Maternal Grandmother, Bernadette Fay, with her counsel, Austin F. Grogan, Esquire, and the Mother, Robin Demarest, who is not represented by counsel in this matter. The Father, Wesley Sumner, is believed to reside in the Erie Pennsylvania area but as of the time of the conference had not been located. It was determined at the conference that the Father has had no contact with the Child for approximately two years. It was agreed that an additional conciliation conference would be held in July as scheduled in the attached proposed Order and the Grandmother's counsel would continue his efforts to obtain service on the Father prior to that conference. 3. The parties agreed to entry of an Order in the form as attached. r'na.4 a GF aau5 ? Date - Dawn S. Sunday, Esquire Custody Conciliator BFRNADETTE FAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBIN DEMAREST and WESLEY SUMNER, Defendants NO. 055. 19('9 C?,'i? CIVIL ACTION -LAW CUSTODY ANSWER TO COMPLAINT AND COUNTERCLAIM FOR CUSTODY e;t AND NOW, this day of July, 2005, comes the Defendant, ROBIN DEMAREST, by her attorney Michael D. Rentschler, Esquire, who files the within Answer to Complaint and Counterclaim for Custody, and respectfully avers the following: 1. Admitted. 2. Denied. To the contrary, Defendant Robin Demarest resides at 4 Chelten Circle, Camp Hill, (Lower Allen Township), Cumberland County, Pennsylvania, with her mother, her father, Reilly's uncle and the subject child, her natural son, Reilly A. Demeest (hereinafter referred to as the "Child"). The Defendant is unaware as to the truth of the allegation as to the location of Wesley Sumner, so the same is hereby denied. 3. Admitted. 4. Admitted in part, Denied in part. It is admitted that Defendant Robin Demarest (hereinafter referred to as the "Mother") is the natural mother of the Child. It is denied that she resides in the streets. To the contrary, from March 28, 2005 until May 25, 2005, Mother resided with two different friends and worked as a nanny in one of the homes. Since May 26, 2005, Mother has resided with the Plaintiff, the Child, the Child's uncle and the Child's paternal grandfather at 4 Chelten Circle, Camp Hill, PA. 5. Admitted. It is admitted that Mother resided with Plaintiff up until around March 28, 2005. when Plaintiff threw her out of the house. By way of further answer, see Mother's responses to Paragraphs I and 4, which are incorporated herein by reference as if fully set forth at length. 6. Admitted in part, Denied in part. It is admitted that Plaintiff seeks custody of the Child. It is denied that it would be in the best interests of the Child for Plaintiff to have custody of the Child. 7. Admitted. 8. Denied. The Child is currently residing with Plaintiff, Mother, grandfather and his uncle at that address. Admitted in part. Denied in part. It is admitted that the Child resided with the persons identified at the addresses and dates from birth until on or around March 28, 2005. It is denied that persons with whom the Child resides is correct for the time frame consisting of March 28, 2005 to the current date. To the contrary, the Child has resided with the Mother, Plaintiff, his grandfather and his uncle from May 25, 2005 to the current date. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. To the contrary, the Child's grandfather has exercised a parental role for his grandchild, the subject Child in this case. 17. Admitted in part. Denied in part. It is admitted that the Child has resided at grandmother's residence. It is denied that the Child has resided solely with the Plaintiff. To the contrary, the Child has resided with, and continues to reside with the Mother, grandmother, grandfather and his uncle. 18. Denied. To the contrary, the best interest and welfare of the Child will be served by refusing to grant Plaintiff the relief that she seeks and by granting custody to Mother. 19. Admitted in part. Denied in part. It is admitted that Mother and Father are parties to this action. It is denied that there are no other persons who would have a right to intervene. To the contrary, the grandfather could intervene into this action and become a party since he has had a beneficial interest In the Child and has acted as a parental figure in the absence of the natural father. WHEREFORE, it is respectfully requested that this Honorable Court deny Plaintiff's request for legal and physical custody of the subject minor child. COUNTERCLAIM FOR CUSTODY ROBIN DEMAREST v. BERNADETTE FAY and WESLEY SUMNER 20. Defendant Mother incorporates by reference her responses to Paragraphs 1 through 19 of Plaintiffs Complaint of Custody as if fully set forth at length. 21. Mother seeks custody of her natural son, the subject Child of this litigation. 22. It is in the best interest and welfare of the Child that Mother be granted both legal and physical custody of the Child. WHEREFORE, it is respectfully requested that this Honorable Court award Robin Demarest, the natural mother of the subject child, Reilly A. Demarest, with legal custody and physical custody. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Supreme: Court ID # 45836 Attorney for Defendant Robin Demarest VERIFICATION I, Robin Demarest do hereby swear and affirm that the statements contained in my Answer to Complaint of Custody and my Counterclaim for Custody are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unworn falsification to authorities. ? J? -- I 0 ,5 I Z Date: 1 q 7Ow4 ROBIN) DEMAREST CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby affirm that on the date stated herein, I served a true and correct copy of the foregoing document upon the following individual, by first class mail, postage prepaid and addressed to: Austin F. Grogan, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 G? Michael D. Rentschler, Esquire 28 N. 32°'d Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 Attorney for Robin Demerest (?i? Q e? T "" C T N C3i W X n RECEIVED JUL 282005 BERNADETTE FAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-1969 CIVIL ACTION LAW ROBIN DEMAREST AND WESLEY SUMNER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 24 g day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 27, 2005 is vacated and replaced with this Order. 2. The Mother, Robin Demarest, and the Maternal Grandmother, Bernadette Fay, shall have shared legal custody of Reilly A. Demarest, born April 17, 2000 with respect to all major medical decisions regarding the Child, including equal access to the Child's medical records. The Mother shall have sole legal custody of the Child as to all other decisions regarding the Child including, but not limited to, any educational or religious decisions. 3. Effective at such time as the Mother and the Maternal Grandmother are no longer living in the same household and establish separate living arrangements, the Mother shall have primary physical custody of the Child and the Maternal Grandmother shall have partial physical custody every Thursday from 4:30 p.m. until 8:00 p.m. and at any additional times arranged by agreement between the parties. The Grandmother shall provide transportation for exchanges of custody under this provision. 4. Within two months of the effective date of the custodial arrangements set forth in the preceding paragraph, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary to review the custodial arrangements. 5. 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. BY THE COURT, cc:, f ustin F. Grogan, Esquire - Counsel for plaintiff Maternal Grandmother Michael D. Rentschler, ksguire - Counsel for Mother ?? -? rJ ? _ ? _ <•:: 1 +ci :1.. a ? ?±? N BERNADETTE FAY Plaintiff VS. ROBIN DEMAREST AND WESLEY SUMNER Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1969 CIVIL ACTION LAW IN CUSTODY" CUSTODY CONCILIATION SUMMARY REPORT 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Reilly A. Demarest April 17, 2000 Mother/Matemal Grandmother 2. A conciliation conference was held on July 25, 2005, with the following individuals in attendance: The plaintiff Maternal Grandmother, Bernadette Fay, with her counsel, Austin F. Grogan, Esquire, and the Mother, Robin Demarest, with her counsel, Michael Rentschler, Esquire. Counsel for the Maternal Grandmother is continuing his efforts to locate and notify the Father, Wesley Sumner, who has had no contact with the Child for the past two years, of the current proceedings. 3. The parties agreed to entry of an Order in the form as attached. fit, (? (. a OCR j Date Dawn S. Sunday, Esquire Custody Conciliator BERNADETTE FAY PLAINTIFF V. ROBIN DEMEREST AND WESLEY SUMNER DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY C)s- /9L? NO.29949CT-M4-CU PETITION TO MODIFY CUSTODY ORDER Petitioner, by her attorney Gail Guida Souders, Esquire, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. Petitioner is the Mother (hereinafter called Mother) residing at 507 Ross Avenue, 2nd Floor Apt 6, New Cumberland, PA 17070. 2. Respondent is the maternal Grandmother (hereinafter called Grandmother) residing at 1117 Columbus Avenue, Apt 6, Lemoyne, PA 17043 3. The child is Reilly A. Demarest, born on April 17, 2000. 4. On July 29, 2005, an Order of Court was entered for Grandmother to have partial physical and shared legal custody for the child, a true and correct copy of which is attached. 5. The Order should be modified because: a. Respondent is facing incarceration for her third DUI in Cumberland County docketed at 3156 CR 2005. b. The child has been living with maternal grandfather and Mother (hereinafter called Grandfather) since September 1, 2005 with Mother but Mother moved out February 2006 and child remained with Grandfather. s c. Grandmother and Grandfather have been sharing the responsible for the child in order to provide him a stable environment. d. Grandfather is filing a motion to intervene and modify the Custody Oder to ensure a share physical schedule with Grandmother. e. Father has not been involved in the child's life for 3 years. L Mother's visits are spontaneous and disruptive to child's schedule. g. Mother does not live in a safe environment since there are drugs and alcohol present. 6. The best interest and welfare of the child will be served by granting the requested relief because it will provide the child a stable living environment. 7. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Petitioner requests that the Court modify the existing Order because it would be in the best interest of the child. AIR /19? Gail Guida Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 I, Bernadette Fay, verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATE: ATTORNEY FOR BERNADETTE FAY PLAINTIFF V. ROBIN DEMEREST AND WESLEY SUMNER DEFENDANT/PETITIONER AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 05-1969 ORDER OF COURT day of , 2006, AFTER HEARING, IT IS HEREBY ORDERED AND DECREED THAT SHARED PHYSICAL AND JOINT LEGAL CUSTODY OF REILLY DEMEEST. IS AWARDED TO BERNADETTE FAY AND ROBERT DEMAREST. IT IS FURTHER ORDERED THAT EACH PARTY SHALL HAVE PHYSICAL CUSTODY AS FOLLOWS: ROBIN DEMAREST SHALL HAVE PARTIAL PHYSICAL CUSTODY. BY THE COURT: J. Distribution: Gail Guida Souders, Esquire, 111 Locust Street, Harrisburg, PA 17101 Robin Demarest-507 Ross Avenue, 2°d Floor Apt 6, New Cumberland, PA 17020 Prothonotary's office BERNADETTE FAY PLAINTIFF V. ROBIN DEMAREST AND WESLEY SUMNER DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 05-1969 CERTIFICATE OF SERVICE I hereby certify that on June 6, 2006 I served a copy of the Petition to Modify Custody Order upon the persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Robin L. Demarest 507 Ross Avenue New Cumberland, PA 17070 Dated: `• 1' V6 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 ? -a C -? n 71 1 i F17 .?7 BERNADETTE FAY : IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY ROBIN DEMAREST AND WESLEY SUMNER DEFENDANT/RESPONDENT NO. 05-1969 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. 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 property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland Court Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICES 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BERNADETTE FAY PLAINTIFF/ PETITIONER V. ROBIN DEMEREST AND WESLEY SUMNER DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY : NO. 05-1969 AMENDED PETITION TO MODIFY CUSTODY ORDER Petitioner, by her attorney Gail Guida Souders, Esquire, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. Respondent is the Mother (hereinafter called Mother) residing at 507 Ross Avenue, 2°a Floor Apt C, New Cumberland, PA 17070. 2. Petitioner is the maternal Grandmother (hereinafter called Grandmother) residing at 1117 Columbus Avenue, Apt 6, Lemoyne, PA 17043 3. The child is Reilly A. Demarest, born on April 17, 2000. 4. On July 29, 2005, an Order of Court was entered for Grandmother to have partial physical and shared legal custody for the child, a true and correct copy of which is attached. 5. The Order should be modified because: a. Respondent is facing incarceration for her third DUI in Cumberland County docketed at 3156 CR 2005. b. The child has been living with maternal grandfather and Mother (hereinafter called Grandfather) since September 1, 2005 with Mother but Mother moved out February 2006 and child remained with Grandfather. c. Grandmother and Grandfather have been sharing the responsible for the child in order to provide him a stable environment. d. Grandfather is filing a motion to intervene and modify the Custody Oder to ensure a share physical schedule with Grandmother. e. Father has not been involved in the child's life for 3 years. E Mother's visits are spontaneous and disruptive to child's schedule. g. Mother does not live in a safe environment since there are drugs and alcohol present. 6. The best interest and welfare of the child will be served by granting the requested relief because it will provide the child a stable living environment. 7. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Petitioner requests that the Court modify the existing Order because it would be in the best interest of the child. 14 Gail ui a Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 I, Bernadette Fay, verify that the statements made in this Amended Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. zMM BERNADETTE FAY DATE: /W /'-Q? ATTORNEY FOR PLAINTIFF BERNADETTE FAY : IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY ROBIN DEMEREST AND WESLEY SUMNER DEFENDANT/RESPONDENT NO. 05-1969 ORDER OF COURT AND NOW, this day of , 2006, AFTER HEARING, IT IS HEREBY ORDERED AND DECREED THAT SHARED PHYSICAL AND JOINT LEGAL CUSTODY OF REILLY DEMEEST. IS AWARDED TO BERNADETTE FAY AND ROBERT DEMAREST. IT IS FURTHER ORDERED THAT EACH PARTY SHALL HAVE PHYSICAL CUSTODY AS FOLLOWS: ROBIN DEMAREST SHALL HAVE PARTIAL PHYSICAL CUSTODY. BY THE COURT: J. Distribution: Gail Guida Souders, Esquire, 111 Locust Street, Harrisburg, PA 17101 Robin Demarest-507 Ross Avenue, 2"d Floor Apt C, New Cumberland, PA 17020 Prothonotary's office BERNADETTE FAY PLAINTIFF/PETITIONER V. ROBIN DEMAREST AND WESLEY SUMNER DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 05-1969 CERTIFICATE OF SERVICE I hereby certify that on June 13, 2006 I served a copy of the Petition to Modify Custody Order upon the persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Robin L. Demarest 507 Ross Avenue, 2"d Floor, Apt C New Cumberland, PA 17070 Gail Guida Souders,-1-squire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: 4'06' 0(,0 ' C ? ? ? :, - - ?w• <? ---? _, u? ._ -rr -- ,_: ?,. ,, . } __ ?!? .. _._? . ._ ? rr ._}.7 BERNADETTE FAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1969 CIVIL ACTION LAW ROBIN DEMAREST AND WESLEY SUMNER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday June 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Friday, July 14, 2006 at 10:00 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 prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. _ool 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 iIll l ' 7 f?Z .3 1 '.! 91 f1 F" f, 12', LOZ ?? !.2a BERNADETTE FAY : IN THE COURT OF COMMON PLEAS RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ROBIN DEMAREST AND WESLEY SUMNER DEFENDANT/PETITIONER : NO. 05-1969 PETITION TO INTERVENE AND MODIFY CUSTODY ORDER AND NOW, comes Bob Demarest, Intervenor, files this Petition to Intervene and in support thereof avers as follows: 1. The parties to this custody matter, Robin Demarest, Wesley Sumner and Bernadette Fay are the natural parents and maternal grandmother of Reilly A. Demarest, born on April 17, 2000. 2. Intervenor is Bob Demarest, maternal grandfather, who currently resides at 402 Sioux Drive, Mechanicsburg, PA 17050. 3. Intervenor has been primary caretaker of Reilly Demarest since September 1, 2005, since Mother moved out of his residence on February 1, 2006. 4. Intervenor has overseen the child's needs where Defendants Robin Demarest and Wesley Sumner have not been involved. 5. Plaintiff, Bernadette Fay and Intervenor work together in caring for the child although they are not in the same residence. 6. Intervenor has been and remains the primary parental figure in his life. 7. Intervenor has been the primary source of security and stability in the child's life, along with a lot of help from Bernadette Fay for moral and financial support whereby Mother has not been a significant or positive factor for her son. r WHEREFORE, Intervenor, being a necessary party to this matter, seeks leave of Court in accordance with Pa.R.C.P 1915.6(b), to formally intervene and further prays that this Honorable Court grant him primary shared physical and legal custody of Reilly Demarest. Respectfully submitted, Bob Demarest 402 Sioux Drive Mechanicsburg, PA 17055 Phone Number-919-3364 I, Bob Demarest, verify that the statements made in this Petition to Intervene and Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities. DATE: t? l LLt7 BO DEMAREST I -n -1 c- Q O J "t ?r , BERNADETTE FAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. O? ROBIN DEMAREST AND WESLEY SUMNER 05-1969 CIVIL TERM ORDER OF COURT AND NOW, this K day of June, 2006, upon consideration of the petition to intervene, IT IS ORDERED that Bob Demarest is hereby permitted to intervene and is hereby made a party to this matter.' By Edgar B. Bayley, J. ,Aail Guida Souders, Esquire For Bernadette Fay Vf(ob Demarest 402 Sioux Drive Mechanicsburg, PA 17055 , 4 obin Demarest 507 Ross Avenue, 2nd Floor, Apt. 6 New Cumberland, PA 17070 Awn Sunday, Esquire Custody Conciliator Court Administrator :sal 'See Pa. Rule of Civil Procedure 1915.6(b). t i 0 17 --"3 BERNADETTEFAY Plaintiff BOB DEMAREST Intervenor vs ROBIN DEMAREST AND WESLEY SUMMER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1969 CIVIL ACTION LAW IN CUSTODY ORDER OF C4epoit AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation R, rdere d and directed as follows: 1. Pending the Mother's release from incarceration and further Order of Court or agreement of the parties, the prior Order of this Court dated July 29, 2005 is suspended and replaced with this Order. 2. The Maternal Grandfather, Bob Demarest, the Maternal Grandmother, Bernadette Fay, and the Mother, Robin Demarest shall have shared legal custody of Reilly A. Demarest, born April 17, 2000. 3. The Maternal Grandparents shall share having physical custody of the Child with the Child residing primarily at the Grandfather's residence. 4. Within three weeks of the date of the Custody Conciliation Conference, the Maternal Grandmother shall transport the Child to a visit with the Mother at the Cumberland County Prison visitation facility. The Grandmother and the Mother shall cooperate in ensuring a peaceful and civil atmosphere during the Child's visit. The Mother shall be responsible for adding the Maternal Grandmother to the authorized visitation list to facilitate the visitation required by this provision. 5. Upon the Mother's release from incarceration, the Mother or another party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the custodial arrangements. 6. 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 consent. In the absence of consent by all parties, the terms of this Order shall control. BY THE COURT, Edgar B. Bayley J. cc: Dail Guida Souders, Esquire - Counsel for Maternal Grandmother ?tobin Demarest - Mother ,Bob Demarest - Maternal Grandfather J .0?0 N CP t3? pN G.? BERNADETTE FAY Plaintiff BOB DEMAREST Intervenor VS. ROBIN DEMAREST AND WESLEY SUMNER Defendants Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1969 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Reilly A. Demarest April 17, 2000 Maternal Grandparents 2. A custody conciliation conference was held on July 28, 2006, with the following individuals in attendance: The Maternal Grandmother, Bernadette Fay, with her counsel, Gail Guida Souders, Esquire, and the Paternal Grandfather, Bob Demarest, who is not represented by counsel in this matter. The Mother, Robin Demarest, is currently incarcerated in the Cumberland County Prison and participated in the conference by telephone. The Father, Wesley Sumner, has had no contact with the Child for the past 3 years and his whereabouts are unknown. 3. This Court entered an Order on June 19, 2006 granting the Maternal Grandfather's Petition to Intervene in this matter. Although the Maternal Grandparents reside in separate households, they have continued to cooperate in caring for the Child together, with the Child residing primarily with the Maternal Grandfather. 4. The parties agreed to entry of an Order in the form as attached in light of the Mother's current incarceration and inability to provide care for the Child. Date Dawn S. Sunday, Esquire Custody Conciliator BERNADETTE FAY PETITIONER VS ROBIN DEMAREST SHANE FIGARD RESPONDENTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO.05-1969 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court may enter a decree of divorce or annulment against you. 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 property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary's at the first floor in the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BERNADETTE FAY PETITIONER VS ROBIN DEMAREST SHANE FIGARD RESPONDENTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO.05-1969 PETITION FOR SPECIAL AND EMERGENCY RELIEF AND NOW, comes the Petitioner, Bernadette Fay, by and through her attorney, Gail G. Souders, and files the following Petition for Special and Emergency Relief and in support thereof avers as follows. 1. Petitioner is Bernadette Fay, (hereinafter called "Grandmother") an adult individual residing at 106 South 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Robin Demarest, (hereinafter called "Mother"), an adult individual currently incarcerated at Cumberland County Prison, 1101 Claremont Road, Carlisle Pennsylvania 17013. 3. The Father is Shane Figard, (hereinafter called `Father"), an adult individual currently incarcerated at York County Prison, 3400 Concord Road, York, Pennsylvania 17402. 4. Mother and Father are parents of one minor child namely Simone Demarest, born on April 6, 2007. 5. On June 4, 2007, Mother was incarcerated for parole violations for Driving Under The Influence Charges. 6. On June 1, 2007, Father began serving a 9-23 months sentence for Unlawful Possession with Intent to Deliver a Controlled Substance. 7. On May 19, 2007, Father was charged with Endangering Welfare of Children where it was alleged that he put the child at risk and is not permitted to have contact with child. See Exhibit A. 8. Mother has signed a permission note for Petitioner to care for child. See Exhibit B. 9. Petitioner needs a temporary custody order while Mother is incarcerated to allow her to properly care for child since Social Services for Children and Youth requested such an Order in order to ensure that the child would be safe. 10. For all the reasons stated above, Grandmother requests this Honorable Court grant her primary physical and legal custody of the child until Mother is available. WHEREFORE, for all of the reasons stated above, Grandmother requests this Honorable Court grant her primary physical and legal custody of the child, Simone Demarest. Respectfully submitted, Gail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717 236-6440 Supreme Court ID #68740 I, Bernadette Fay, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATE: BERNADETTEFAY .111bz ATTORNEY FOR PETITIONER/PLAINTIFF 0611912007 08:31 7177746684 CLEMENT May. 20' 2007 6:01M CUMBERLAND COUNTY ° ,"ON COMMONWEALTH OF P COUNTY OF' Cumberland Me9isWial District Number MDJ: Hon. Chaft$ A. Clement J,-, Address: Old Town Corm Now Cumberlan PA 17070 Telephone: (7171774-SOW 1-Felony Fw1 2-N1 wry Ltd. 3•FglOny 9umxnbag Slates y?g D Hispanic Non. ? Asian Hispenlc ? ai?ldc f? Unkmm Q Native GENQOt American 19 M>als ? Unknown ? Fsr ak Y®. ® No f[ Yes? No PAGE 02105 No. 0250 P. 2 ENh? ; :v ,r`;? POLICE CRIMINAL COMPLAINT ' 09-1-01 F SHANE FlL34FL+ ?o::s, 430 B; tiv?z St, Ste 3 d? PA 17070 ms's :..: }..:• a.:. 11 ??__.... yy1?,?,? yy. 4•ti ww 10 ? B-I?Nedemoonor LJmlted [1 E-Misdemeanor Pand?g a dumber - ' 0811% Ried /WeSean Number N Zu-01 5&1912007 1 11 NCD20070600 24 POO 1/24119$0 POa Adld7? 000 $SN / 1 ? AKA FLAIR CaLOa ? GAY (GMY) Lj eLK (Black} ?ONG {Omnnpe) El ULU (?) a t? ( ) C] SRO (&uwn) C1 wait (Pink) ? ORN (Green) [3 SE Y (&v*) Li0e1W Number r1 s Q Office of the attorney for the Commonwealth X Approved: Q Disapproved because: 0 a""""' ? Y . NtQ1I? f e?rn+ar fe++w CW-Ms*wh MW MM- "Mat awnow% WMM wfini, iallse+gr,or bash be a PqW by V* am"ir Tor ft cmMm eeldh Poor m +ee?. tea ae. . ?. &D-A. DEREK CLEPPER. DRC 07"05-07 rMKftomeylbrCWWWWrn.rhpleasePrtit or Type) _ltSlPew?eaAa?r4 Ge?w?+enwoeRN - - _ -- 1, Police Officer Jeff Fran X202 -(NOW PM W Ty") /?j?c? q tl Aeknt N Numb t3adpe s of New Cum a Polity PA0210s d ry orl,arenrnt OrA#r'yprcserrteC ana lrosu?`- ., _ ^10 ftwo ar om Numb*) 60 hereby stets: (check appropriate box) I - ® 1 accuse the above named d9fent7arnt who lives, sift the sddMs W forth above © 1 accuse the defendant whose name is unkrwwn to me but who is described as ? 1 e=asa the do%. -drrri whose name and popular,designatlon or nickname Is unknown tome and whom I have therefore designated as John Doe with violating the pens! laws of the Commonwealth of Pennsylvania at ?lP?a aMe9r9?"ue MEbN '-"' 134 BRIDGE ST .New grmb n?,,PA?70 in New Cumberland Sorough Cumberland , County on or abotA 5149!2007 3:45 PM OPC 411A-06 ?.oGoi,li3-! Page? 4 of 6 4-Febrry No Fxi. ? 6-Folany Fend. ? A-Misdemeanor Fab COPdt61iGN1WEALTH OF PENNSY i,VAIVIA V$. DEFE!?Dafv'T: (h:;ff? s,-,[f fir7i1i?S'j: ? GMtst7E!frlSarlOr st,rraundrrrQ Sloles ? G-AAisdameanor No Extradilivn D RE{7 (Retl/hWn-) I EYE COII.AR If )OOC (unk.lBald) BRO (6r?orvn) C3 MAR (Maroons UNK (Unknaw ? GRN (Green) ? PNK (pink) 8LK (Bradt) ?GRY (Gray) ©MUL ? Whlt (White) P BLU (BWIe) ? HZL {HazeO (Multb°I°red) Exhibit A 06/192007 08:31 7177746684 CLEMENT PAGE 03105 No. 0250 ?' 3 May.20, 2007 6:41AM CUMBERLAND COUNTY PRISON POLICE CRIMINAL COMPLAINT Dade Flied: ? 0"luve5can f4mw I C'"WamVMwent f=n 514, WOW NOD20070500224 SHANE FieARD --he sets committed by the accused ane demn'bed below with each Act of the Assembly or stA to violated, if appropdaite_ maro?not uArideft In a mr =90, you must dW ft a? etftw? w*( Mg ru&n of r4s) ark subiacm*1*of tie s ) or amkw efs?a t?ly ono' {aid ) WWOA Q AVarnpt ? Soil " Conn Q Al A ? Q , Q Paemi! ?r9 (?T & 75 ONy f89t?l A 1 4304 a _ - 18 - M1 F ^-"^M Sudan S tion Title Counts ta'mu NCIC Ottense Code UCP MISPW Code i ? Safety Zone ? Work MM 'SHANE FIGARD DID PHYSICALLY GRABBED AND TRIED TO PULL AN INFANT CHILD BY THE MID SECTION FROM THE -MOTHERS ARMS AND REFUSED TO LET GO. ' :OFPLNS,E DEFINED.-A PARENT, GUARDIAN, OR OTHER PERSON SUPERVISING THE WELFARE OF A CHILD UNDER . 18 YEARS OF AGE COMMITS AN OFFENSE IF HE KNOWINGLY ENDANGERS THE WELFARE OF THE CHILD BY i VIOLATING A DUTY OF CARE, PROTECTION OR SUPPORT. i 901 A ? sr , cor?spt ? (Empft, A? ? W D ttno l 13 aern i (rOf 74 OPM IBM 75 10_ ? 2 5608 a14 18 oC Lead r •••. Seetlon 3Uj)secfn Tine Co" Grade NCIC ORa++ea Code UCRMRS Code u ? Safety Zone ? Work Zone Am of the aatused anwelo ac wa "S c nett9e: :DEFENDANT CREATED HAZARDOUS CONDITION BY TRYING TO PULL AN INFANT OUT OF THE MOTHER HANDS BY GRABSING THE CHILD BY THE MID SECTION AND REFUSED TO RELEASE THE CHILD TO THE MOTHER. i 'creates a hazardous or physically offensive condition by any sot whion serves no lesEtimate purpose of the aoWr. AOPC 412A-06 lOJ6iti3ri Page 2 of e Exhibit A 06/19/2007 08:31 7177746684 CLEMENT PAGE 04105 May. 20. 2007 6; 42A.M CUMBERLAND COUNTY PRISON No. 0250 P. 4 AAA zM' POLICE CRIMINAL. COMPLAINT ?' Dube t OTHIU rescan Number 511902007 Canplenincirent kua - - NCD20070600224 SHANE FIGARD 2. 1 aA :hat a warrar it of a; reV or a surnmons bo issued and that the defendant be required to answer the charges I have made. 3. 1 verify that the fads set forth in this Complaint are true and correct to the best of my knowledge or lnfarnnodion send bebef. This veriftation ;a mode subject to the penalties of Section 4904 of the Crimea Code (18 PA.C.S.§4904) relating to unsworn falsification to sufhorities. 4. This complal 1s comprised of the preceding Page, as well as the attached pages that follow, numbered _ through _La , . spe0ying offenses and Pa elpants, if any. The acts oommkwd by the aocusW, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were conbo y to the Act($) of the Assembly, or in vialaWn of the statutes eked. (Before a warrant of arrest can be issued, the stfidevit of probable cause must be abmpladed, sworn to before the Issuing authority, and aWWiefl AND NOW. on this date. I oartiffy that the complaint has been property of probable cause must be completed in order for a wanent to issue. completed and vertited, An -?. ?? ?' -off ? . , • a a,,l ',SEA L A1DPC 412A-106 1(3??f i:i-1 Page 3 of @ Exhibit A CLEMENT PAGE 05/05 06/19/2007 08:31 7177746684 May.20. 2007 6:42AM CUMBERLAND COUNTY PRISON No-0250 P. 5 AAA POLICE CRIMINAL COMPLAINT I WAS CALLED TO 134 BRIDGE STREET NEW CUMBERLAND, PA,, FOR A DOMESTIC WHICH WAS AN ASSAULT, $HANE FIGARD AND HIS GIRLFRIEND THAT HE HAS AN INFANT CHILD TO WHERE ARGUING OVER A PLUG IN A Chandelier WHEN SHANE'S WIFE HEATHER FIGARD WALKED? INTO THE HOUSE. SHANS FIGARD TOLD HIS WIFE WHICH HE IS SEPARATED FROM TO 8 GO AHEAD AND HIT THE FUCKING CUNT, REFERING TO HIS GIRLFRIEND ROBIN DEMAREST WHO WAS HOLAING AN INFANT CHILD. HEATHER FIGARD PUNCHED ROBIN DEMAREST IN THE LEFT TEMPLE RESULTING IN SWELLING THE SIZE OF A GOLF SALL. HEATHER FIGARD LEFT BEFORE I ARRIVED AND WHEN I ARRIVED I HAD ROSIN DEMAREST FILL OUT A WITNESS STATEMENT AND SHANE HELD THE BABY. SHANE I"IGARD TOM THE BABY AND WALKED TO THE 200 BLOCK OF 21YD STREET- WHILE HE SAT ON 2ND STREET HE LAYED THE BABY IN HIS LAP AND TALKED ON HIS CELL PHONE WITH ONE HAND AND THE OTHER HAND WAS USED TO PROP HIMSELF UP. R08IN DEMAREST WALKED WITH ME TO WHERE SHANE WAS SITTING AND SHE REACHED DOWN AND PICKED THE BABY OUT OF SHANE 's LAP. WHEN THE BABY WAS ABOUT 2 FEET ABOVE SHANE'S LAP, SHANE GRABBED THE CHILD BY THE MID SECTION AND REFUSED TO LET GO OF THE CHILD PHYSICALLI,Y PULLING ON THE CHILDS BODY AGAINST THE MOTHIs;R. I TOLD HIM TO RELEASE THE CHILD AND HE REFUSED. IT TOOK 4 COMMANDS UNTIL SHANE WOULD RELEASE THE CHILDS BODY. ROBIN WAS AFRAID SHANE WOULD TAKE HER BABY AND LEAVE, I, Polw pEicer,?ff Fram BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT TPM FACTS SEA' FORTH IN TmR FoitzaaNG AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY MOWLED04 INFORMATION AND BELIEF. Sworn to me and subsed me this `L`da Date 11,14 ? / gisterlal District Judge toy commlaWon expires find Monday of,taltualy,4od ?? ki. --. At3PG 412A-06 27061173-1 Page 4 of 6 Exhibit A AFFIoAWT of PROBABLE CAUSE May-20. 2007 10:0?0 CUMBERLAND COUNTY PRISON COMMONWEALTH OF PENNSYLVANIA rni 1KITV nc. L' tLi? 09-Z-01 MO.1 Haffm ?o,. PAZM, I V. a0223ML AMmfi: 1260 sPDXM RI) 0=TS #3 ca: naf Pal 17013-0000 Temmm; (717) 218-5250 Release Condltlone: neg..., t a Exhibit A No, 0264 P, 3/3 SAIL RELEASE CONDITIONS COMMONWEALTH OF PENNSYLVANIA Vs. r f L r-- Do et No.: C,q R Z -0 7 Date Fled: 15 "_ U? Ala O,P 6?t-, ? z?-ate d• • Of bail Im vMfY the a7 of Jan 044 14*-- My nnrnmiessioti expires first Monday . ? ? ?- mo'w` n w TO 39VJ xA le. , Bait AuthositY SEAL 1 J 6LBZ06L OT:90 LZOZ/6T/90 BERNADETTE FAY PETITIONER VS ROBIN DEMAREST SHANE FIGARD RESPONDENTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO.05-1969 CERTIFICATE OF SERVICE I hereby certify that on June 19, 2007, that a copy of the foregoing Petition for Special and Emergency Relief was mailed, first-class to: Service by U.S. Certified Mail to: Robin Demarest Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Shane Figard York County Prison 3400 Concord Road York, PA 17402 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: 611'7 IL O y - r -?-1 i ?i " i BERNADETTE FAY : IN THE COURT OF COMMON PLEAS PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - CUSTODY ROBIN DEMAREST SHANE FIGARD . RESPONDENTS NO.05-1969 CERTIFICATE OF SERVICE I hereby certify that on June 21, 2007, I served a copy of the Petition upon Robin Demarest and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Certified Mail to: Robin Demarest Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Gail Guida Souders, Esqui Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: June 22, 2007 _o o? •i?ktt? r+_: C3 ._ 0 CO Postage $ ru C3 Certified Fee Q O Return Receipt Fee (Endorsement Required) O 43 Restrict ed Delivery Fee 43 (Endorsement Required) ru Total Postage & Fees -I- f11% C3 0 sent To rti Sheet AFL or PO Box $'2.65 10 a S A` d ef T ZE m ( 6? ?? ?5 ? ? Yr ?? ¦ Complete items 1, 2, and 3. Also complete A. Signafure, dAeort Nam 4 if Restricted Delivery is desired. ? A ¦ Prkrt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the t?acfc of the mailpiece, B ? ( Printed /Name" P `I'lrlni [?/ ( G C. Date of Delivery Or on the front if space permits. D. is dWhwy address different fiom Item 1? 0 We 1. Addressed ? ff YES, eater delivery address below: 0 No C) C Q I t L 3. Service Type 0 Certified Mail Express Mail dM f ° ?ry`-' s wr 0 Registered 0 Return Receipt for Merv O insured MaU D C.O.D. 4. Restricted Delivers ?/Extra F-) 13 Yoe 7004 2890 0002 8002 9467 2 Ae1bleNumber (Aarr•Arr eon, SWWW 1W"- PS FGVM J111, FsWUWy 2W4 ?? ?_? ,?. '? ? - ?? BERNADETTE FAY IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - CUSTODY ROBIN DEMAREST SHANE FIGARD RESPONDENTS NO.05-1969 CERTIFICATE OF SERVICE I hereby certify that on June 20, 2007, I served a copy of the Petition upon Shane Figard and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Certified Mail to: Shane Figard York County Prison 3400 Concord Road York, PA 17402 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: June 22, 2007 Lj S. Postal Seivice o . REGLIP I' CERTIFIED ,n D!Domestic Mail Only No I nsurance Coverage Provided) ir ru YO A o FT V _ Postage $ C3 cerOWFee $2.65 17j08 C3 C7 Return Receipt Fee (Endorsement Required) t.? .15 P s Q? Here l Cr' 43 Restricted Delivery Fee (Endorsement Required) $.I 1,11! 1 /j ?ri ti ? #5,9? - El19r Total Postage & Fees S 0 o or PO Bmr No- rl( F- *- T 1 JLll - ¦ Complete items 1, 2, and 3. Also completer Nam 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. a ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: a'Cd ??0 C) nco d ?d PO r?qn . , 40, A. SlgnatL# X ? Ad kmn B. by rrted?varne) °(/ /ZG/? 1 ' (.? D. Is delivery address dHferent from loam 1? ? Yes H YES, enter delivery address below: El No 3 Servloe Type ? c4a" d mau f] awass Mai( ? Regietered ? Return Reoeipt for marotwrdles 13 Insured Mau ? C.O.D. 4. %eMcted Delivery? (Extra Fee) ? Yes 2' Article Number 7004 2890 0002 8002 9450 man br km ee Ps Form 3811, February 2W4 Dorneetic Redrn Ron 102595.02-WIS40 r-3 ??-' ? .,?.? ?? ?Q f ? {"..?. ?",,• ?? ?' ' r.-- ?!+' BERNADETTE FAY PETITIONER VS ROBIN DEMAREST SHANE FIGARD RESPONDENTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO.05-1969 AMENDED PETITION FOR SPECIAL AND EMERGENCY RELIEF 9. Undersigned counsel has served the opposing parties with said Motion and has heard no response. 10. There has been no existing custody order issued in this case. Respectfully submitted, . 111-17 Gail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717 236-6440 Supreme Court ID #68740 r-3 0 -TI - -s7 ? 4:? ,gym f G- PRAECIPE BERNADETTE FAY PETITIONER VS ROBIN DEMAREST SHANE FIGARD RESPONDENTS To Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO.05-1969 Please WITHDRAW the petition in the above-mentioned case. Date: July 26, 2007 Respectfully submitted, Gail Guida Souders Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Identification #68740 Attorney for Plaintiff C„n 7cc, rT t rn cfa s:; `' ? , C3 N