HomeMy WebLinkAbout06-4660JOSEPH W. RAND, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. O?' t <<'0
Civil Term
PAULA G. RAND, : ACTION IN DIVORCE
Defendant
CUSTODY COMPLAINT
1. Plaintiff is Joseph W. Rand, who currently resides at 29 East North St., Carlisle,
Cumberland County, Pennsylvania, 17013.
2. Defendant is Paula G. Rand, who lives in Plainfield, Pennsylvania, and whose address
is P.O. Box 741, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is the father of the following child and seeks a custody order regarding the
following child:
NAME DOB/AGE ADDRESS
Pierce Rand 5/16/02(4) 99 Short Lane
Newville, Pa. 17241
Mother and Father married in 2001. A divorce is pending.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME ADDRESSES DATES
Joseph W. Rand 29 East North St. birth - 3/05
Paula G. Rand Carlisle, Pa. 17013
Paula, G. Rand Plainfield, Pa. 3/05 - present
The mother of the child is Paula G. Rand. She resides in Plainfield. Her last known
address is 99 Short Lane, Newville, Pa. 17241. She is married to Joseph W. Rand.
The father the child is Joseph W. Rand. He currently resides at 29 East North St.,
Carlisle, Pa., 17013. He is married to Paula G. Rand.
4. The relationship of plaintiff to the child is that of Father. The Plaintiff currently
resides alone.
5. The relationship of defendant to the child is that of Mother. The persons that the
Defendant currently resides with are the child.
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.
Plaintiff does not know of a party to the proceedings who has physical custody of the
child or anyone who 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: The parties separated in March 2005. Father is requesting a custody
Order that would give him regular periods of partial custody. It would be in the best interest of
the child for Father to maintain regular and consistent contact with his son.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child.
Respectfully submitted,
Date: Oil la
Adams, Esquii
No. 79465
South Pitt Street
.-lisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody 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 unswom falsification to authorities.
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JOSEPH W. RAND IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAULA G. RAND
DEFENDANT
06-4660 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August 21, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 22, 2006 at 10:30 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 prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Giro Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules
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
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JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND, .
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-4660
IN CUSTODY
COURT ORDER
AND NOW, this 3c day of October-, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Joseph W. Rand, and the Mother, Paula G. Rand, shall enjoy shared
legal custody of Pierce J. Rand, born May 16, 2002.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On alternating weekends from Friday after Mother's work until Monday
morning when Father shall deliver the child to day care by 8:30 a.m.
B. Every Wednesday from 6:00 p.m. until 9:00 p.m.
C. At such other times as agreed upon by the parties.
4. The holiday schedule shall be handled as follows:
A. Mother shall always have custody on Mother's Day and Father shall always
have custody on Father's Day. This provision shall supercede any other
y
provision of this Order.
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B. For the Christmas holiday, the holiday shall be split into two segments:
Segment A shall be from December 24`h at noon until December 25`h at
noon, and Segment B shall be from December 25`h at noon until December
26th at noon. The parties shall alternate these two Segments with the
5.
6.
Mother having Segment B in 2006 and the Father having Segment A in
2006 and the parties alternating thereafter.
C. In even numbered years, the Father shall have custody on New Year's Day,
Memorial Day, and Labor Day, and Mother shall have custody of the minor
child on Easter, July 4th and Thanksgiving. In odd numbered years,
custody for those holidays shall shift.
D. For the child's birthday, the custodial parent shall- ensure that the non-
custodial parent has some time with the minor child the day before or the
day after the child's birthday to celebrate the child's birthday.
Each parent shall be entitled to one week vacation with the minor child. Periods
of vacation shall be exercised upon at least sixty days notice to the other
parent. Additionally, the party exercising the vacation must ensure that they
are available for the child during the vacation time.
The parties may modify this schedule set forth above as the parties agree.
However, absent an agreement the schedule set forth above shall control. In
the event either party desires to modify this Order, that party may petition the
Court to have the case again scheduled with the Custody Conciliator for a
conference.
cc: Jane Adams, Esquire t ' 7 a
Jeffrey S. Shank, Esquire
BY THE COURT,
JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-4660
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:
Pierce J. Rand, born May 16, 2002
2. A Conciliation Conference was held on October 20, 2006, with the following
individuals in attendance:
The Mother, Paula G. Rand, with her counsel, Jeffrey S. Shank, Esquire
The Father, Joseph W. Rand, with his counsel, Jane Adams, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
October 0) i , 2006
Hebert X. Gilr y, Esquire
Custody Co liator
JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06 - 4660
IN CUSTODY
PETITION FOR MODIFICATION
1. Plaintiff/Petitioner is Joseph W. Rand, (hereinafter referred to as "Father")
who currently lives at 29 East North St., Carlisle, Cumberland County, Pennsylvania.
2. Defend ant/Respondent is Paula G. Rand, (hereinafter referred to as
"Mother"), whose current address is 541 Ridge St., Apt A., New Cumberland,
Pennsylvania, 17070.
3. Mother and Father are the natural parents of the following child:
NAME DOB/AGE ADDRESS
Pierce J. Rand 5/16/02 (6) 541 Ridge St. Apt A
New Cumberland, Pa. 17070
4. The parties are subject to an order of court entered on November 3', 2006, a
copy of which is attached as Exhibit A. Pursuant to this order, Mother has primary
physical custody of Pierce J. Rand.
5. Since entry of the last Order in November 2006, Mother remarried and has
had another child with her current husband.
6. During the past year, Father has been aware of many domestic incidents
which occurred between Mother and her new husband.
7. During the summer of 2008, Mother was evicted from her home. She has
since found another place to live.
8. Father is concerned for his son's safety in Mother's home due to the history of
domestic incidents and Mother's husband's extensive criminal background.
9. Father is extremely concerned about the welfare of his son due to Mother's
Mother's general stability and ability to provide a stable and safe home for the child.
10. Father believes he is better able to provide a stable home for his son.
11. Father is requesting primary physical custody of his son.
12. Father's request would be in the best interest of the child because it would
ensure stability and safety for the child.
WHEREFORE, Plaintiff requests the court to enter a modified custody Order
granting Father primary custody of the child.
Respectfully submitted,
Date: • O
J e Adams, Esquire
1. No. 79465
7 South St.
rlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody Petition 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: U Joseph W. Rand, Plaintiff
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JOSEPH W. RAND IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAULA G. RAND
DEFENDANT
2006-4660 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, September 16, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 03, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilro Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JOSEPH W. RAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
PAULA G. RAND, NO. 2006-4660
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of October, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County
Courthouse on the e2nd day of A&? ")001I at
q !34 a-. in. At this hearing, the Father shall be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with the
Court and opposing counsel a Memorandum setting forth the history of custody in
this case, the issues currently before the Court, a summary of each party's
testimony on these issues, a list of witnesses who will be called for each party and
a summary of anticipated testimony of each witness. This Memorandum shall be
filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's prior Order of November 3,
2006, shall remain in place.
3. In the event either party desires to have any type of custody evaluation performed
prior to the mentioned hearing date, that party may initiate a custody evaluation at
their own expense. Under those circumstances, the opposing party shall cooperate
in attending any counseling or evaluation sessions and also ensure that the minor
child and any significant others involved in the case is in attendance as directed by
the evaluator. Even though one party may be paying the cost of the evaluation,
the evaluator shall act as an independent evaluator and shall share the results of
the evaluation with counsel for both parties.
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4. In the event the parties enter into any kind of negotiations to resolve this matter
prior to the scheduled hearing and counsel for the parties believe that another
custody conciliation would aid in resolving the matter, legal counsel for the
parties may contact the Custody Conciliator directly for scheduling a conciliation
conference.
BY THE COURT,
cc: ? e Adams, Esquire
Stanley Mitchell, Esquire
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JOSEPH W. RAND,
Plaintiff
VS.
PAULA G. RAND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2006-4660
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
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:
Pierce J. Rand, born May 16, 2002
2. A Conciliation Conference was held on October 3, 2008, with the following
individuals in attendance:
The mother, Paula G. Flasher, who appeared with her counsel, Stanley
Mitchell, Esquire, and the father, Joseph W. Rand, with his counsel, Jane
Adams, Esquire.
3. The parties appeared before the Conciliator in November, 2006, at which time there
was an agreement reached for shared legal custody, Mother having primary physical
custody and Father having liberal periods of temporary custody. Father is now
petitioning the Court to obtain primary custody for a variety of reasons. The
Conciliator met with the parties and, in summary, it is Father's position that he wants
primary custody and Mother is unwilling to agree to that request. Accordingly, there
was little room for negotiations and this case needs a hearing before the Court.
4. The Conciliator recommends an Order in the form as attached.
Date: October, 2008 -am 4
Hubert X. Gi oy, Esquire
Custody Co ciliator
JOSEPH W. RAND, : IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PAULA G. RAND, : NO. 06 - 4660
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
1. Plaintiff/Petitioner is Joseph W. Rand, (hereinafter referred to as "Father")
who currently lives at 29 East North St., Carlisle, Cumberland County, Pennsylvania.
2. Defendant/Respondent is Paula G. Rand, (hereinafter referred to as
"Mother"), whose address was 541 Ridge St., Apt A., New Cumberland, Pennsylvania,
17070; it is believed she left Pennsylvania and moved to Tennessee on Friday, October
10, 2008 with the parties' son.
3. Mother and Father are the natural parents of the following child: Pierce J.
Rand, born, 5/16/02, age six. (Hereinafter referred to as "Child.)
4. On Friday, October 10, 2008, Father believes Mother had a physical and
verbal altercation with her Husband at her home; the Child was present during this
altercation.
5. After the altercation, on or about October 10, 2008, Mother left her home with
the Child and went to live with relatives in Tennessee.
6. A custody Order is currently in place dated November 3, 2006. A copy of
which is attached as Exhibit A.
7. A custody conciliation conference was held on October 3rd, 2008, pursuant to
which Father requested primary custody. A hearing is currently set before this
Honorable Court for February 2, 2008. A copy of the Order setting a hearing is
attached as Exhibit B.
8. Pursuant to the parties' verbal agreement, Father was supposed to have the
child from Friday October 10, 2008 through the evening Saturday of October 11, 2008.
9. Mother did not provide this agreed upon period of partial custody.
10. As of the date of this petition, Mother has not returned from Tennessee and
has not indicated that she has any plans to return to Pennsylvania or honor the current
custody Order.
11. The child has not attended school since Friday October 10, 2008.
12. Father believes that Mother intends to unilaterally enroll the child in school
in Tennessee.
13. Father's normal alternating weekend of partial custody is set to commence
on October 17, 2008 and last through October 19, 2008.
14. Mother unilaterally moved the child out of state without Father's permission
and without a hearing to consider whether she can relocate to another state with
the child.
15. Father objects to Mother's relocation to Tennessee with the child without a
hearing.
16. Mother's move has substantially affected Father's periods of partial custody.
17. Father is extremely concerned about the welfare of his son due to Mother's
Mother's general stability and ability to provide a stable and safe home for the child.
18. Father believes he is better able to provide a stable home for his son.
19. Father is requesting primary physical custody of his son pending the hearing
scheduled for February 2, 2008.
20. Father's request would be in the best interest of the child because it would
ensure stability and safety for the child.
WHEREFORE, Plaintiff requests the court to enter a modified custody Order
granting Father primary custody of the child pending further hearing.
Date- ?0
Respectfully submitted,
'J--4e Adams, Esquire
1.3 No. 79465
1 ] W. South St.
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-4660
IN CUSTODY
COURT ORDER
AL Veto h? i,
r << day of fir, 2006, upon consideration of the attached
it is ordered and directed as follows:
1. The Father, Jo eph W. Rand, and the Mother, Paula G. Rand, shall enjoy shared
legal custody o Pierce J. Rand, born May 16, 2002.
2. The Mother sh#ll enjoy primary physical custody of the minor child.
3. The Father sha 1 enjoy periods of temporary physical custody of the minor child as
follows:
A. On ate nating weekends from Friday after Mother's work until Monday
mornin when Father shall deliver the child to day care by 8:30 a.m.
B. Every Wednesday from 6:00 p.m. until 9:00 p.m.
C. At such other times as agreed upon by the parties.
4. The holiday schedule shall be handled as follows:
A. Mother shall always have custody on Mother's Day and Father shall always
have custody on Father's Day. This provision shall supercede any other
provision of this Order.
JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND,
Defendant
AND NOW, this
Custody Conciliation Re
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B. For the Christmas holiday, the holiday shall be split into two segments:
Segment A shall be from December 24th at noon until December 25t" at
noon, and Segment B shall be from December 251" at noon until December
26th at noon. The parties shall alternate these two Segments with the
Mother having Segment B in 2006 and the Father having Segment A in
2006 and the parties alternating thereafter.
C. In even numbered years, the Father shall have custody on New Year's Day,
Memorial Day, and Labor Day, and Mother shall have custody of the minor
child on Easter, July 4th and Thanksgiving. In odd numbered years,
custody for those holidays shall shift.
D. For the child's birthday, the custodial parent shall- ensure that the non-
custodial parent has some time with the minor child the day before or the
day after the child's birthday to celebrate the child's birthday.
5. Each parent shall be entitled to one week vacation with the minor child. Periods
of vacation shall be exercised upon at least sixty days notice to the other
parent. Additionally, the party exercising the vacation must ensure that they
are available for the child during the vacation time.
6. The parties may modify this schedule set forth above as the parties agree.
However, absent an agreement the schedule set forth above shall control. In
the event either party desires to modify this Order, that party may petition the
Court to have the case again scheduled with the Custody Conciliator for a
conference.
BY THE COURT,
cc: Jane Adams, Esquire
Jeffrey S. Shank, Esquire
Judge
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JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-4660
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:
Pierce J. Rand, born May 16, 2002
2. A Conciliation Conference was held on October 20, 2006, with the following
individuals in attendance:
The Mother, Paula G. Rand, with her counsel, Jeffrey S. Shank, Esquire
The Father, Joseph W. Rand, with his counsel, Jane Adams, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
October , 2006
Hubert X.
Custody C
, Esquire
OCT 0 6 Md
JOSFII 1 \'. IZ:1ND. IN 'l l ll: COI.'R l Ol' COl\-1?10N l'l.l: yS OF
Plaintiff Clil\?IBI:RL??ND C'OI-N"1'?', PFNNSYLV:?N1?1
Vs. CIVIL ACTION - LAW
PAULA G. RAND. NO. 2006-4660
Defendant IN CUSTODY
COURT ORDER
AND NOW, this _ day of October, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. I of the Cumberland County
Courthouse on the0a day of 20(11, at
m.
--I? '2f At this heal-ing, the Father s all be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with the
Court and opposing counsel a Memorandum setting forth the history of custody in
this case, the issues currently before the Court, a summary of each party's
testimony on these issues, a list of witnesses who will be called for each party and
a summary of anticipated testimony of each witness. This Memorandum shall be
tiled at least five days prior to the mentioned hearing date.
?. Pending further Order of this Court, this Court's prior Order of November 3,
2006, shall remain in place.
3. In the event either party desires to have any type of custody evaluation performed
prior to the mentioned hearing elate. that party may initiate a custody evaluation at
their own expense. Under those circumstances, the opposing party shall cooperate
in attending any counseling or evaluation sessions and also ensure that the minor
child and anN significant others Involvvd in the case is in attendance as directed bN
the evaluator. F"Ven though one party may be paying the cost ofthc evaluation.
the evaluator shall act as an indrpendent evaluator and Shall share the results of
the evaluation ?%ith counsel for both parties.
?x?nrs?,- ?
4. In the ex ent the parties enter into any hind of negotiations to resolve this matter
prior to the scheduled hearing and counsel for the parties believe that another
custody conciliation would aid in resolving the Illatter, legal counsel for the
parties play contact tllc Custody Conciliator directly for scheduling a cunciliatiun
conference.
BY THE COURT,
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cc: Jane Adams, Esquire
Stanley Mitchell, Esquire
i ' :~"f •,
Y
JOSEPH W. RAND, IN 'flF COURT OF COMMON PLEAS 01=
Plaintiff CUMBERLAND COUNTY. PENNSYLV:?NIA
vs' CIVIL ACTION - LAW
PAULA G. RAND, NO. 2006-4660
Defendant IN CUS'T'ODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE' St IMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
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:
Pierce J. Rand, born May 16, 2002
2. A Conciliation Conference was held on October 3, 2008, with the following
individuals in attendance:
The mother, Paula G. Flasher, who appeared with her counsel, Stanley
Mitchell, Esquire, and the father, Joseph W. Rand, with his counsel, Jane
Adams, Esquire.
3. The parties appeared before the Conciliator in November, 2006, at which time there
was an agreement reached for shared legal custody, Mother having primary physical
custody and Father having liberal periods of temporary custody. Father is now
petitioning the Court to obtain primary custody for a variety of reasons. The
Conciliator met with the parties and, in summary, it is Father's position that he wants
primary custody and Mother is unwilling to agree to that request. Accordingly, there
was little room for negotiations and this case needs a hearing before the Court.
4. The Conciliator recommends an Order in the form as attached.
Date: October
2QQ?
Ilubert X. Gilroy. Fsquire -- - -
Custody Conciliator
VERIFICATION
I verify that the statements made in this Custody Petition 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 fb(16108
Joseph W. and, Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this October 17, 2008, I, Jane Adams, Attorney for Joseph W. Rand,
hereby certify that a copy of this PETITION has been duly served upon the following
parties, by placing such in the custody of the United States Postal Service, via regular
mail, postage pre-paid addressed to:
Stanley Mitchell, Esquire
P.O. Box 425
Harrisburg, Pa. 17108
ATTORNEY FOR MOTHER
7rli17W. Adams, Esquire
No. 79465
South St.
sle, , Pa. 17013
(717) 245-8508
ATTORNEY FOR FATHER
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JOSEPH W. RAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAULA G. RAND,
Defendant NO. 06-4660 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of October, 2008, upon consideration of Plaintiff's
Petition for Special Relief, this matter is referred to the custody conciliation process
pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this
referral for an expedited conciliation conference.
`' Jane Adams, Esq.
17 W. South Street
Carlisle, PA 17013
Attorney for Plaintiff
? Stanley Mitchell, Esq.
P.O. Box 425
Harrisburg, PA 17108
Attorney for Defendant
BY THE COURT,
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Court Administrator- hA
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JOSEPH W. RAND
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAULA G. RAND
DEFENDANT
2006-4660 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, October 30, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 14, 2008 _ at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es .
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
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JOSEPH W. RAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
PAULA G. RAND, NO. 2006-4660
Defendant IN CUSTODY
COURT ORDER
AND NOW, this _ day of November, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of October 6, 2008, scheduling a custody hearing in this
case on February 2, 2009, at 9:30 a.m. shall remain in effect.
2. The custody Order from November 3, 2006, is modified as follows:
A. Father shall enjoy custody of the minor child for Thanksgiving, 2008, with
the time frame being from Wednesday evening at 8:00 p.m. until Sunday at
6:00 p.m.
B. Father's alternating weekend custody shall now end on Sunday evening at
8:00 p.m.
C. The parties shall share transportation for exchange of custody with the parties
to meet at the Wa1Mart in Mechanicsburg for a half-way point, unless agreed
otherwise by the parties.
3. The Mother shall not take the minor child out of state or attempt any relocation
without obtaining an Order of Court.
4. The parties shall work between themselves to arrange a custody schedule for over
the Christmas holiday so that the Father is afforded approximately 50% of the
weekday time the minor child is off school for Christmas. The parties shall
discuss that matter and have their attorneys confirm their agreement with a letter
between the attorneys.
Both parents shall keep the other parent advised with respect to all social, educational,
health and related matters with respect to the minor child. As this relates to the parent
enjoying primary physical custody, that parent shall have the obligation of keeping
the other parent advised with respect to parent-teacher conferences, athletic schedules
and related matters.
cc: Jane Adams, Esquire
Stanley Mitchell, Esquire
BY THE COURT,
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JOSEPH W. RAND,
Plaintiff
vs.
PAULA G. RAND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2006-4660
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
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:
Pierce J. Rand, born May 16, 2002
2. A Conciliation Conference was held on November 14, 2008, with the following
individuals in attendance:
The mother, Paula G. Flasher (formerly Paula G. Rand), who appeared
with her counsel, Stanley Mitchell, Esquire, and the father, Joseph W. Rand,
with his counsel, Jane Adams, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date: November 2008
Hubert X. Gi oy, Esquire
Custody C ciliator
JOSEPH W. RAND,
plaintiff
S)
PAULA G. RAND,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 06 - 4660
Defendant : IN CUSTODY
CUSTODY s'nPULATION
AND NOW, this day of January 2009, tke parties agree as
follows:
1. The Father, Joseph W. Rand, and the Mother, Paula G. Rand, shall
share enjoy shared legal custody of Pierce J. Rand, born May 16, 2002.
Both parents shall keep the other advised with respect to all social,
educational, health, and related matters with respect to the minor child.
2. The Mother shall enjoy primary physical custody of the minor
child.
3. The Father shall enjoy periods of partial physical custody of the
minor child as follows:
A. Tkree weekends per month, frooA Friday at approximately 7:30
p.m.
Through Sunday at approximately 7:00 p.m. Specifically, Father
shall have custody of the child first two weekends, and the last
4
weekend of the month unless otherwise agreed.
13. Father shall have physical custody of the child over the summer,
to begin the Friday after school ends, through the Sunday before
school starts. During this time, Mother will have the child on the
second weekend each month from Friday at 7:30 p.m. through
Sunday at 7:30 p.m.
4. The holiday schedule shall be handled as follows:
A. The holiday schedule shall supercede the regular schedule.
0. Mother shall always have custody on Mother's Day from q:oo
a.m. through 7:00 p.m. and Father shall always have custody on
Father's Day from 47:00 a.m. through 7:00 p.m.
C. For the Christmas holiday, the holiday shall be split into two
segments. Segment A shall be from December 2.4t" at noon until
December 2561 at noon, and Segment 13 shall be from December 25th
at noon until December 26th at noon. The parties shall alternate
these two Segments with the Mother having Segment 13 in even years
and the Father having Segment A in even years and the parties
alternating thereafter. The parties shall work between
themselves to arrange a custody schedule for over the Christmas
holiday so that Father is afforded approximately 50% of the weekday
time the minor child is off school for Christmas. to the event that
the parties do not agree, Father shall have a period of partial custody
from December 26t" at noon through December 315t at noon.
D. In even numbered years, the Father shall have custody on New
Year's Day, Memorial Day, and Labor Day, and Mother shall have
custody of the minor child on Easter, July 01, and Thanksgiving. In
odd numbered years, physical custody for those holidays will
alternate. In the event that a party is scheduled to have physical
custody of the child on both the weekend and the following Monday
holiday, that party may keep the child overnight Sunday through the
Monday holiday.
E. For the child's birthday, the custodial parent shall ensure, upon
the other party's request, that the non-custodial parent has some
time with the minor child the day before or the day after the child's
birthday to celebrate the child's birthday.
s. Each parent shall be entitled to two non-consecutive one week
vacations (consisting of six overnights) with the minor child. Periods of
vacation shall be exercised upon at least sixty days notice to the other
parent. In addition to providing notice, each party shall provide a contact
telephone number, address, and basic itinerary of the vacation or trip.
Additionally, the parties exercising the vacation must ensure that they are
available for the child during the vacation time.
6. The parties may modify this schedule set forth above as the
parties agree. However, absent an agreement the schedule set forth shall
control.
7. Mother shall not attempt relocation to another state or a distance
of over fifty (so) mules without first obtaining an order of Court.
IN WITNESS WHEREOF, the parties have hereto duly executed the
present Stipulation and Custody Agreement the day and year first above
written.
WITNESS:
1?7?:44
Witness
Paula G. Raved, Mother
27 2-
d Date:
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Joseph W. Rand, Father
Date: a / aaa
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JOSEPH W. RAND, : IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PAULA G. RAND, : NO. 06 - 4660
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of Eg , 2009, all prior Orders in the
above-captioned case are vacated. It is further hereby ORDERED and DECREED as follows:
1. The Father, Joseph W. Rand, and the Mother, Paula G. Rand, shall share enjoy
shared legal custody of Pierce J. Rand, born May 16, 2002. Both parents shall keep the
other advised with respect to all social, educational, health, and related matters with
respect to the minor child.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of partial physical custody of the minor child as
follows:
A. Three weekends per month, from Friday at approximately 7:30 p.m.
Through Sunday at approximately 7:00 p.m. Specifically, Father shall have custody of
the child first two weekends, and the last weekend of the month unless otherwise agreed.
B. Father shall have physical custody of the child over the summer, to begin the Friday
after school ends, through the Sunday before school starts. During this time, Mother will
have the child on the second weekend each month from Friday at 7:30 p.m. through
Sunday at 7:30 p.m.
4. The holiday schedule shall be handled as follows:
A. The holiday schedule shall supercede the regular schedule.
B. Mother shall always have custody on Mother's Day from 9:00 a.m. through 7:00 p.m.
and Father shall always have custody on Father's Day from 9:00 a.m. through 7:00 p.m.
C. For the Christmas holiday, the holiday shall be split into two segments. Segment A
shall be from December 24" at noon until December 25t" at noon, and Segment B shall be
from December 25" at noon until December 26" at noon. The parties shall alternate these
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CV
A,
two Segments with the Mother having Segment B in even years and the Father having
Segment A in even years and the parties alternating thereafter. The parties shall work
between themselves to arrange a custody schedule for over the Christmas holiday so that
Father is afforded approximately 50% of the weekday time the minor child is off school
for Christmas. In the event that the parties do not agree, Father shall have a period of
partial custody from December 26`" at noon through December 31 s` at noon.
D. In even numbered years, the Father shall have custody on New Year's Day, Memorial
Day, and Labor Day, and Mother shall have custody of the minor child on Easter, July 4",
and Thanksgiving. In odd numbered years, physical custody for those holidays will
alternate. In the event that a party is scheduled to have physical custody of the child on
both the weekend and the following Monday holiday, that party may keep the child
overnight Sunday through the Monday holiday.
E. For the child's birthday, the custodial parent shall ensure, upon the other party's
request, that the non-custodial parent has some time with the minor child the day before
or the day after the child's birthday to celebrate the child's birthday.
5. Each parent shall be entitled to two non-consecutive one week vacations
(consisting of six overnights) with the minor child. Periods of vacation shall be exercised
upon at least sixty days notice to the other parent. In addition to providing notice, each
party shall provide a contact telephone number, address, and basic itinerary of the
vacation or trip. Additionally, the parties exercising the vacation must ensure that they
are available for the child during the vacation time.
6. The parties may modify this schedule set forth above as the parties agree.
However, absent an agreement the schedule set forth shall control.
7. Mother shall not attempt relocation to another state or a distance of over fifty
(50) miles without first obtaining an Order of Court.
cc: /ane Adams, Esquire
/anley Mitchell, Esquire
A
BY THE COURT:
Stanley H. Mitchell, Esquire
122 Locust St., PO Box 425
Harrisburg, PA 17108
Pa., Atty., I.D. No. 32093
(717) 233-3339
Attorney For Plaintiff
PAULA FLASHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V
JOSEPH RAND ,
Defendant
No. 06-4660
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes Plaintiff, Paula Flasher, by and through her counsel
Stanley H. Mitchell, Esquire, who files the within Complaint For Custody and in support
thereof states the following:
1. Plaintiff is Paula Flasher, an adult individual who resides at 541 Ridge St., # A
New Cumberland, Pennsylvania 17070.
2. Defendant is Joseph Rand, an adult individual who resides at 29 East North St.,
Carlisle, Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
NAME PRESENT ADDRESS AGE
PIERCE RAND 29 East North St., 7 yrs.,
Carlisle, PA., 17013 dob 5/16/02
The child was not born out of wedlock
The child is currently in the custody of Defendant, who currently resides at 29 East
North St., Carlisle, PA., 17013.
During the past five years, the child resided with the following person(s) and at the
following address(es):
PERSON(S)
ADDRESS(ES)
DATES
Paula Flasher
Paula Flasher
Paula Flasher
Chad Flasher
Paula Flasher
Chad Flasher
Amare Flasher
Paula Flasher
Chad Flasher
Amare Flasher
Joseph Rand
99 Shot Lane
Newville, PA., 17241
35 W. Main St.,
Plainfield, PA., 17081
35 W. Main St.,
Plainfield, PA., 17081
941 E. Bosler Ave.,
Le Moyne, PA., 17070
Jan., 2004 to Nov.,2004
Nov., 2004 to May 2007
May 2007 to June 2007
June 2007 to August 2008
541 Ridge St., # A August 2008 to March 2009
New Cumberland, PA., 17070
29 East North St., March 2009 to present
Carlisle, PA., 17013
The mother of the child is Paula Flasher, who currently resides at 541 Ridge St., # A,
New Cumberland, PA., 17070
She is married.
The father of the child is Joseph Rand, who currently resides at 29 East North St.,
Carlisle, PA., 17013.
He is divorced.
4. The relationship of Plaintiff to the child is that of Natural Mother. Plaintiff currently
resides with the following person(s):
NAME(S)
Chad Flasher
Amare Flasher
RELATIONSHIP
Husband
Son
5. The relationship of Defendant to the child is that of Father. Defendant currently
resides with the following person(s):
NAME(S)
Ondi McHan
RELATIONSHIP
Paramour
6. Plaintiff has participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. The court, term and
number and its relationship to this action is: Rand v Rand, No. 06-4660 wherein the
February 8, 2009 Order of Court granted primary custody of the minor child to Plaintiff.
An associated Order of Court is set forth at CP-21-DP-34-2009, In The Matter Of Pierce
Rand,wherein the Guardian Ad Litem asserted that minor child was afraid of his step-
father and said child was placed in custody of father, Defendant herein.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
The court, term and number and its relationship to this action is set forth above.
Plaintiff does not know of a person not a party to the proceeding who has physical
custody of the child or claims to have custody or visitation rights with respect to the
child. The name and address of such person is
7. The best interests and permanent welfare of the child will be served by granting the
relief requested due to reasons that include but are not limited to the following:
a. the minor child has been treated like a second class citizen since he was placed in
Father's home by Cumberland County Children and Youth Agency:
b. Defendant Father has refused to take minor child to a physician for treatment
associated with the chronic skin disease psoriasis while in Defendant's care because he
did not want to utilize his insurance;
c. Defendant asserted the condition was "not serious" even as the condition spread from
the minor child's head to face;
d. Plaintiff caused the minor child to go to the physician for treatment. Said bald spots
would have been permanent without Plaintiffs intervention.
e. Similarly, minor child suffered a finger fracture while playing sports for which minor
child complained to Defendant for two weeks before Defendant sought medical care.
Defendant did not "want to get stuck with the bill";
f. Minor child complains that Defendant's Paramour plays "pinching games" with him
while also striking him. Defendant informed Plaintiff of said activity and indicated it
would not happen again.
g. Defendant did not permit the minor child to go on vacation with him and paramour
and another minor child inasmuch as Paramour did not approve of same;
h. Defendant capriciously and arbitrarily refused to permit minor child to go on vacation
with Plaintiff and her family even though timely and proper notice had been previously
provided to Defendant;
i. Defendant's Paramour refuses to provide child care to the minor child; as such, the
minor child travels with Defendant during evenings when said minor child should be with
Plaintiff Mother or at home studying;
j. Minor child is not permitted to order food while Defendant and Paramour enjoy a meal
out at a restaurant. The minor child is directed to eat a micro wave dinner at home
instead. The minor child is directed to his room while Defendant and his Paramour enjoy
the evening downstairs;
k. Defendant does not permit the minor child to play soccer or other sports: the
Defendant constantly speaks for the child by indicating that the minor child "does not
want to play" or "does not want to visit" Plaintiff's family or "does not want to get out out
of the vehicle at a sporting event"; The minor child is sullen and morose and lacks spirit
and animation since he has been placed in the custody of Defendant.
1. Defendant asserts that the minor child "does not want to talk to anyone or be with
other family members";
m. Plaintiff and step-father love the minor child and have never caused harm to said
minor child, nor to his little brother Amare, dob 4/3/08. The family fervently desires to re-
unite as one. Plaintiff seeks to have the February 8, 2009 Order of Court entered by The
Honorable L. Wesley Oler, Jr., reinstated. Said Order is attached hereto and marked as
Exhibit No. 1.
n. Plaintiff and step-father have redoubled their efforts to ensure a successful marriage
in tough economic times by seeking marriage counseling from Guidance Associates of
Pennsylvania.
8. Each parent whose parental rights 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 right to custody or
visitation of the child will be given notice of the pendency of this action and the right to
intervene:
NAME ADDRESS(ES) BASIS OF CLAIM
WHEREFORE, Plaintiff respectfully requests Your HJonorable Court enter an Order
granting custody of the child.
Respectfully submitted,
Stanley H. Mitchell, Esquire
122 Locust St., PO Box 425
Harrisburg, PA., 17108
Pa., Atty., I.D. No. 32093
(717) 233-3339
Attorney For Plaintiff
Date: g I (I 1 01
EXHIBITS
F-8 0 2 Zan9ci
JOSEPH W. RAND, : [N THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL, ACTION - LAW
PAULA G. RAND, : NO. 06 - 4660
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ! day of , 2009, all prior Orders in the
above-captioned case are vacated. It is further hereby ORDERED and DECREED as follows:
1. The Father, Joseph W. Rand, and the Mother, Paula G. Rand, shall share enjoy
shared legal custody of Pierce J. Rand, born May 16, 2002. Both parents shall keep the
other advised with respect to all social, educational, health, and related matters with
respect to the minor child.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of partial physical custody of the minor child as
follows:
A. Three weekends per month, from Friday at approximately 7:30 p.m.
Through Sunday at approximately 7:00 p.m. Specifically, Father shall have custody of
the child first two weekends, and the last weekend of the month unless otherwise agreed.
B. Father shall have physical custody of the child over the summer, to begin the Friday
after school ends, through the Sunday before school starts. During this time, Mother will
have the child on the second weekend each month from Friday at 7:30 p.m. through
Sunday at 7:30 p.m.
4. The holiday schedule shall be handled as follows:
A. The holiday schedule shall supercede the regular schedule.
B. Mother shall always have custody on Mother's Day from 9:00 a.m. through 7:00 p.m.
and Father shall always have custody on Father's Day from 9:00 a.m. through 7:00 p.m.
C. For the Christmas holiday, the holiday shall be split into two segments. Segment A
shall be from December 24'h at noon until December 25"' at noon, and Segment B shall be
from December 25"' at noon until December 26"' at noon. The parties shall alternate these
two Segments with the Mother having Segment B in even years and the Father having
Segment A in even years and the parties alternating thereafter. The parties shall work
between themselves to arrange a custody schedule for over the Christmas holiday so that
Father is afforded approximately 50% of the weekday time the minor child is off school
for Christmas. In the event that the parties do not agree, Father shall have a period of
partial custody from December 26"' at noon through December 31" at noon.
D. In even numbered years, the Father shall have custody on New Year's Day, Memorial
Day, and Labor Day, and Mother shall have custody of the minor child on Easter, July 4",
and Thanksgiving. In odd numbered years, physical custody for those holidays will
alternate. In the event that a party is scheduled to have physical custody of the child on
both the weekend and the following Monday holiday, that party may keep the child
overnight Sunday through the Monday holiday.
E. For the child's birthday, the custodial parent shall ensure, upon the other party's
request, that the non-custodial parent has some time with the minor child the day before
or the day after the child's birthday to celebrate the child's birthday.
5. Each parent shall be entitled to two non-consecutive one week vacations
(consisting of six overnights) with the minor child. Periods of vacation shall be exercised
upon at least sixty days notice to the other parent. In addition to providing notice, each
party shall provide a contact telephone number, address, and basic itinerary of the
vacation or trip. Additionally, the parties exercising the vacation must ensure that they
are available for the child during the vacation time.
6. The parties may modify this schedule set forth above as the parties agree.
However, absent an agreement the schedule set forth shall control.
7. Mother shall not attempt relocation to another state or a distance of over fifty
(50) miles without first obtaining an Order of Court.
BY THE COURT:
cc: Jane Adams, Esquire
Stanley Mitchell, Esquire
t«.rY? +? ? Y •i . /,:? a`5 is L ..?. •as ... _.r,
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Guidance Associates of Pennsylvania
412 Erford Road
Camp Hill, PA 17011
Phone (717) 732-2917
PAULA G FLASHER
541 BRIDGE STREET Statement Date.....: 06/01/2009
APT A Page Number........: 01
NEW CUMBERLAND, PA 17070 Account Number...: 14734
Patient Name........: PAULA G FLASHER
STATEMENT FOR PROFESSIONAL SERVICES
CHARGES OR PAYMENTS AFTER ABOVE.STATEMENT DATE WILL APPEAR ON YOUR NEXT STATEMENT
---- ID: 14734 PAULA G FLASHER
03/04/2009 Diagnostic Evaluation, 90801, JAMIE KUNKLE, LCSW, (Fee 150.00
$150.00), charged to Patient
03104/2009 (Patient) MC pymnt applied to 3/04/09, 90801, JAMIE KUNKLE, 150.00
LCSW
03/18/2009 Psychotherapy 45-50 minutes, 90806, JAMIE KUNKLE, LCSW, 2nd 125.00
notice 5/1/09, (Fee $125.00), charged to Patient
Return this portion with your payment
14734
- - -----? PAULA G FLASHER --- ----- --
06!01!2009 125.00 --- - -- _- ,
Ad,
.. _-? 3'YQ x4 .:it:?..Y _ ..--"-
Please make check payable to: Guidance Associates of Pennsylvania
412 Erford Road
Camp Hill, PA 17011 FIN41 Ph
one (717)732-2917
NoTlr[
VERIFICATION
I, Paula Flasher, hereby verify that the statements made in the foregoing Complaint
For Custody are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 PA.,
C.S. 4904, relating to unsworn falsification to authorities.
i
Date: August 11, 2009 ?f
PAULA FLASHER
OF TH
2 G0i 9,j.U,G 12 ? ; ?
°D
Stanley H. Mitchell, Esquire
122 Locust St., PO Box 425
Harrisburg, PA 17108
Pa., Atty., I.D. No. 32093
(717) 233-3339
Attorney For Plaintiff
PAULA FLASHER,
Plaintiff
V
JOSEPH RAND ,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 06-4660
CIVIL ACTION - LAW
IN CUSTODY
ORDER
BY THE COURT:
?% -? ?im
THE HONORABLE L EBERT, J.,
Di ibu ion:
Wey H. Mitchell, Esquire, 122 Locust St., PO Box 425, Harrisburg, PA 17108
ZAdams, Esquire, 17 W. South St., Carlisle, PA 17013
AND NOW, this l?_day of August, 2009, upon consideration of Plaintiff's
Complaint For Custody and the averments made therein, a hearing in the above
captioned matter shall be scheduled for September 16, 2009 at 9:30 a.m. in Courtroom
No. 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Cumberland County, Pennsylvania.
It is So Ordered.
ele
DMT
20 AUG 14 AM 10= 30
PEWYLVANA
JOSEPH W. RAND, : IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PAULA G. RAND, : NO. 06 - 4660
Defendant : IN CUSTODY
MOTION FOR RELEASE OF CHILDREN AND YOUTH TAPES
1. Plaintiff/Petitioner is Joseph W. Rand, (hereinafter referred to as "Father")
who currently lives at 29 East North St., Carlisle, Cumberland County, Pennsylvania.
2. Defendant/Respondent is Paula G. Rand, (hereinafter referred to as
"Mother"), whose address is 541 Ridge St., Apt A., New Cumberland, Pennsylvania,
17070; it is believed she left Pennsylvania and moved to Tennessee on Friday, October
10, 2008.
3. Mother and Father are the natural parents of the following child: Pierce J.
Rand, born, 5/16/02, (Hereinafter referred to as "Child.)
4. A custody hearing is scheduled in the above-captioned matter for September
16, 2009 before this Honorable Court.
5. A dependency hearing was held before Master James Flower on February
19, 2009 regarding the child.
6. The Child was placed in the custody of his Father, Joseph Rand, and
therefore no finding of dependency was made.
7. At the hearing that was held on February 19, 2009, no transcript was taken,
however a videotape was made of the proceeding; such videotape is the only record of
the proceeding.
8. The Solicitor for Children and Youth, Lindsay Baird, has indicated such tapes
would not be released to Father without a Court Order.
9. Substantial testimony was given regarding the situation in Mother's home, the
relationship between Mother and Step-father, and the Child's reflections about living in
Mother's home.
10. It may be difficult to obtain the appearance of some of the witnesses which
were at the February 19, 2009 hearing; however, the witnesses' testimony is relevant to
the placement of the Child.
11. It is not uncommon to obtain and incorporate the record of a prior
proceeding into a subsequent matter, especially if such record would be useful to the
Court; in fact, prior records are commonly incorporated into a subsequent matter in
Children and Youth proceedings.
12. Such testimony is relevant to the placement and custody of the child.
13. Father is a party to the action and knows of no reason he should not be able
to obtain and present such record of the prior proceeding to the Court.
14. It is assumed that Mother does not agree with the relief requested. Lindsay
Baird, Solicitor for Children and Youth, has indicated the tapes would not be released
without a Court Order.
15. This matter was previously scheduled before Judge Ebert.
WHEREFORE, Plaintiff requests that the Court Order Children and Youth to
release the videotapes of the proceedings associated with Dependency Matter CP - 21
- DP - 34 - 2009, to Father, which are the only record of such proceeding to be made.
Respectfully submitted,
Date: CJ a? ? A-&& "
No. 79465
')arlisl, Adams, Esquire
. South St.
ePa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Motion 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: 8?4,i09
.1%
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing MOTION in the above-captioned matter upon the
following individual(s) by first class mail, postage prepaid, addressed as follows:
Stanley H. Mitchell, Esquire
122 Locust St., P.O. Box 425
Harrisburg, Pa. 17108
ATTORNEY FOR MOTHER
Lindsay Baird, Esquire
37 S. Hanover Street
Carlisle, Pa. 17013
ATTORNEY FOR CHILDREN AND YOUTH
DATED: 1 U
J e Adams, Esquire
W. South St.
arlisle, Pa. 17013
(717) 245-8508
Attorney for Father
FRLH --,*v I. f,?
N C 9 AULG 28 AM 10: 3 -1
JOSEPH W. RAND,
Plaintiff
V.
PAULA G. RAND,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06 - 4660
IN CUSTODY
ORDER OF COURT
AND NOW, this ?1 Day of t v,aSk , 2009 it is
hereby ORDERED AND DECREED that Cumberland County Children and Youth shall
duplicate and release all copies of tapes, relating to Dependency Matter CP - 21 - DP -
34 - 2009 to Father's Counsel, and such tapes may be presented and incorporated into
evidence in the custody proceedings scheduled under the above-captioned Docket
Number.
BY THE COURT:
J.
cc: ,Pane Adams, Esquire, for Father
tanley Mitchell, Esquire, for Mother
Xndsay Baird, Esquire, for Children and Youth
4
OF ;F
2009 AULG 3 ! P 3: 36
? 1 `bit i„?l ,?•4
Stanley H. Mitchell, Esquire
122 Locust St., PO Box 425
Harrisburg, PA 17108
Pa., Atty., I.D. No. 32093
(717) 233-3339
Attorney for Plaintiff
PAULA FLASHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V
JOSEPH RAND,
Defendant
No. 06-4660
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION
FOR RELEASE OF CHILDREN AND YOUTH TAPES
AND NOW, comes Paula Flasher, by and through her attorney, Stanley H. Mitchell,
Esquire, who files the within Answer, to wit:
1. Denied; To the contrary, pursuant to July 23, 2009 Order of Court entered by The
Honorable M.L. Ebert, Jr., Plaintiff is Paula Flasher.
2. Denied; To the contrary, Defendant pursuant to July 23, 2009 Order of Court entered
by The Honorable M.L. Ebert, Jr., Defendant is Joseph Rand.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted, in part; The child was placed in temporary custody of Defendant at the
suggestion of a child advocate and not Cumberland County Children and Youth.
7. Admitted.
8. After reasonable investigation, Plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averment.
9. After reasonable investigation, Plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averment.
10. Denied; To the contrary, in the event Defendant sought to obtain the appearance of
certain parties to testify, subpoenas are available to do so. Alternatively, it is unclear
whether testimony from seven months ago is relevant today.
11. Denied, in part; Admitted, in part. Denied, if the purpose of said record is simply to
prejudice the Court inasmuch as the Court seeks facts as they currently exist for the
best interest of the child. Admitted, if the purpose is to provide corrective information to
complement the Court's records. Alternatively, It is assumed and therefore averred, that
the said matter deals with the sensitive issues of child placement and, in fact, resulted in
the removal of a minor child from the home of the primary caretaker who had absolutely
no anticipation of such removal. Emotions and nerves were at an extremely sensitive
point which would have applied to any loving parent placed in a similar circumstance.
Traditionally, such hearings are fraught with emotion and hard statements and are not
representative of quiet every day existence of a common man and common woman. As
such, it is not relevant.
12. Denied; To the contrary, such testimony is not relevant.
13. Denied; To the contrary, such testimony is not relevant. By way of further Answer,
Plaintiff's paragraph number 11 above is pertinent.
14. Admitted.
15. Admitted.
WHEREFORE, Plaintiff requests Your Honorable Court to deny Defendant's Motion.
Respectfully submitted,
Stanle H. Mitchell, Esquire
122 Locust St., PO Box 425
Pa., Atty., I.D. No. 32093
Harrisburg, PA., 17108
(717) 233-3339
Attorney For Plaintiff
Date: September 1, 2009
VERIFICATION
I verify that the statements made in the foregoing Answer 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: September 1, 2009
AAUL&AIFLALSHER
CERTIFICATE OF SERVICE
I, Stanley H. Mitchell, Esquire, hereby certify that on this date, I served a true and
correct copy of the foregoing Answer upon the following individuals by first class mail,
postage prepaid, addressed as follows:
Jane Adams, Esquire
17 W. South St.,
Carlisle, PA., 17013
Lindsay Baird, Esquire
37 S. Hanover St.,
Carlisle, PA 17013
Date: September 1, 2009
Stanley H. Mitchell, Esquire
FILE['- )'; I;c
,)F THE P"i",! _+-?`Y
Yu
2004 SEr - I PI 'l 1: CZ
Gua:?_ _ '`'T
V
JOSEPH W. RAND, : IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PAULA G. RAND, : NO. 06 - 4660
Defendant : IN CUSTODY
PLAINTIFF/FATHER'S RESPONSE TO MOTHER'S COMPLAINT/PETITION FOR
MODIFICATION FOR CUSTODY
AND NOW COMES, Father, Joseph Rand, by and through his attorney, Jane
Adams, Esquire, and responds to the Complaint for custody filed on August 12, 2009;
1. Admitted as to the identity of Mother and her address; it is further noted that
Father is the Plaintiff on the original caption of this matter and Mother is the Defendant.
2. Denied; Father has since purchased a new home and moved; Father is the
Plaintiff in this matter.
3. Admitted, additionally Father recently purchased a new home in Carlisle
where he now resides with the Child.
4. Admitted.
5. Admitted.
6. Admitted. The child was placed with Father, Joseph W. Rand, pursuant to a
dependency action, no. CP-21-DP-34-2009.
7. Denied. Father has taken excellent care of the child since he has assumed
primary custody. Children and Youth has visited his home on numerous occasions, and
have endorsed Father's care of the child and have expressed no concerns regarding
the care of the child; Mother has not completed the services recommended by Children
and Youth and Children and Youth have expressed concerns to such an extent, that if
the child were primarily placed in Mother's home, Children and Youth may petition for
dependency on the child.
7b. Denied. Father has obtained medical treatment for the child. In fact, after
obtaining proper treatment it was determined that the child suffered from ringworm, not
psoriasis and such condition is almost fully resolved.
7c. Denied. Father did obtain treatment for the child, and was extremely
concerned when the prior medication, for the wrong diagnosis, could have cause the
child to develop asthma.
7d. Denied.
7e. Denied. Such fracture occurred at school and was thought to be a jammed
finger. When the swelling did not go down, Father made an appointment with the family
doctor and then took the child to a specialist, which was referred by the doctor. The
specialist did not recommend further treatment.
7f. Denied; Father's paramour has a good relationship with the child.
7g. Denied; Father has taken trips with and without the child; Father's paramour
has a good relationship with the child.
7h. Denied. Mother asked if the child could go to the beach with her and Father
agreed, and then Mother did not go. Grandparents asked to take the child on trips, but
such requested trips would have conflicted with football practices.
7i. Denied. The child requested to attend Father's football games and is always
at home at a reasonable hour.
7j. Denied. It is admitted that the child does occasionally eat a microwave
dinner; it is denied that the child ever is directed to go to his room, before his proper
bedtime.
7k. Denied; the child's actions and words around Father demonstrate that he
enjoys attending his football practices and attending the games that Father plays with
his semi-pro football team. It is admitted that the child may act differently around
Mother due to pressure she may put on him to not enjoy such activities.
71. Denied.
7m. It is admitted that Mother loves the child, however, it is Father's position that
it is in the best interest of the child for the child to remain in Father's primary care and
custody, as Father does not have any criminal charges, or a long history of domestic
abuse with his significant other; Father has taken excellent care of the child, the child is
happy and not fearful, and Children and Youth, who have been in the home since April,
have expressed absolutely no concerns and support Father's ongoing care and
physical custody.
WHEREFORE, Plaintiff/Father requests the court to enter a custody Order
confirming that Father has primary custody of the child.
oate ?P?15?D9
Respectfully submitted,
,oane dams, Esquire
I. D. 79465
17 South St.
C isle, Pa. 17013
17) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody Petition 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: Joseph 01 Ran Plaintiff
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing RESPONSE in the above-captioned matter upon the
following individual(s) by FAX addressed as follows:
Stanley H. Mitchell, Esquire
122 Locust St., P.O. Box 425
Harrisburg, Pa. 17108
?? ??? X38 - 3??1 g
ATTORNEY FOR MOTHER
DATED: t /5- b7
J Adams, Esquire
1 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Father
FILED-
-it
OF THE prp"'j
2099 SEP 15 Pi N 1: -02
t,JLIN4r, ;t .i
JOSEPH W. RAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAULA G. RAND,
DEFENDANT NO. 06-4660 CIVIL
ORDER OF COURT
AND NOW, this 11th day of September, 2009, upon consideration of
Joseph Rand's Motion for Release of Children and Youth Tapes and the Paula
Rand a/k/a Paula Flasher's Answer thereto,
IT IS HEREBY ORDERED AND DIRECTED the Court Administrator
and/or Cumberland County Children and Youth shall duplicate and release all
copies of the tapes relating to the dependency matter CP-21-DP-34-2009 to
Counsel for both Mother and Father.
By the Court,
vv\-A, ?
M. L. Ebert, Jr., J.
Jane Adams, Esquire -
Attorney for Father
11-6tanley Mitchell, Esquire
Attorney for Mother
-P tucs-,rL V.- Cam.
Court Administrator -W gj111>
Lindsay Baird, Esquire - Li.cceL A)
Attorney for CCC&YS
bas
copy M*at LCL
fW C);'ril E
OF f r,r"NOTARY
2009 SEA' 14 M 8: 2 8
Ci?hsr?° ,f;Y
PAULA FLASHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V
No. 06-4660
JOSEPH RAND, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ?{h day of 0 c 60 e,r , 2009, a custody hearing
having been convened, IT IS HEREBY ORDERED AND DECREED as follows:
1. The parties shall share joint legal custody of the subject minor child Pierce J. Rand,
born May 16, 2002. The parties agree that major decisions concerning their child,
including but not necessarily limited to, the child's health, welfare, education, religious
training and upbringing shall be made by them jointly, after discussion and consultation
with each other, with a view toward obtaining and following a harmonious policy in the
child's best interest. Each party agrees not to impair the other party's rights to shared
legal custody of the child. Each party agrees not to attempt to alienate the affections of
the child from the other party. Each party shall notify the other of any activity or
circumstance concerning their child that could reasonably be expected to be of concern
to the parent then having physical custody. With regard to any emergency decisions,
which must be made, the parent having physical custody of the child at the time of the
emergency shall be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and consult with him or
her as soon as possible. Each party shall be entitled to complete and full information
from any doctor, dentist, teacher, professional or authority and to have copies of any
reports given to either party as a parent.
2. Father Joseph Rand shall have primary physical custody of the subject minor
child.
3. Mother Paula Flasher shall be entitled to periods of partial custody, pursuant to the
following schedule:
a. Beginning September 25, 2009, Mother shall have partial custody three weekends
each month from Friday at 6 p.m. until Sunday at 7 p. m;
b. During the summer months, the parties shall share custody on a week on, week off
basis. It is understood that a week is defined as seven (7) days, which must include the
parent's regularly scheduled custodial weekend.
c. The parties shall share the responsibilities of transportation.
4. a. The parents shall alternate holidays at mutually agreed upon times.
b. In connection with the 2009 Christmas holiday, the subject minor child shall spend
Christmas Eve through Christmas Day at 12 noon with Mother, and shall spend
Christmas Day at 12 noon to December 26 at 12 noon with Father. The remainder
of the child's Christmas vacation through New Year's Day shall be shared equally by
Mother and Father. Subsequent to 2009, the parties shall alternate said holiday; to
wit, the subject minor child shall spend Christmas Eve 2010 through Christmas Day at
12 noon with Father. Similarly, the subject minor child shall spend Thanksgiving 2009
with Mother, and Thanksgiving 2010 with Father.
c. Mother shall have the child on Mother's Day, and Father shall have the child on
Father's Day at mutually agreed upon times.
5. The parties shall establish a regularly scheduled time for Mother or Father to
1 .'
contact the child during periods of non-custody. Each parent shall utilize his or her best
efforts to make such telephone contact successful.
6. The holiday schedule shall take precedence over the regular custody schedule.
7. The parties shall utilize their best efforts to provide the child's maternal grandmother
continuing contact with the child. In the event maternal grandmother seeks permission
from Defendant to enjoy a period of vacation with the child during what would ordinarily
be Defendant's period of custody, maternal grandmother shall be required to provide a
minimum of thirty days notice.
8. To the extent possible, each party shall provide the other with at least forty eight (48)
hours advance notice of the school, sporting, or other extracurricular activities. Both
parties shall agree to honor and participate in the child's activities. Each parent shall
provide the other parent with copies of schedules regarding any activity in which the
child is enrolled.
9. During any period of custody, the parties to this order shall not possess or use
controlled substances or consume alcoholic beverages to the point of intoxication. The
parties shall likewise assure, to the extent possible, that other household members
and/or houseguests comply with this prohibition.
10. Neither party shall permanently relocate if the relocation would necessitate a
Change in the visitation schedule or if the relocation would exceed a fifty (50) mile
radius without a minimum notice of sixty (60) days to the other parent. The sixty (60)
day notice is designed to afford the parents an opportunity to renegotiate the custodial
arrangements or to have the matter listed for a Court hearing.
11. Both parents shall refrain from making derogatory comments about the other parent
in the presence of the child and to the extent possible shall prevent third parties from
making such comments in the presence of the child.
12. It is understood and stipulated by the parents that upon mutual agreement an
expanded or altered schedule may be agreed upon between the parents and that such
mutual agreement would be in the best interests of the child.
13. This document shall be entered as an Order of the Court.
4---?
Stanley H. Mitchell, Esquire
Attorney for Mother
? Adams, Esquire
rney for Father
APPROVED BY TH COURT:
N \C
THE HO ABLE M.
BERT, JR.,
J.,
,Distribution:
anley H. Mitchell, Esquire, 122 Locust St., PO Box 425, Harrisburg, PA., 17108
Jane Adams, Esquire, 17 W. South St., Carlisle, PA., 17013
COF LEIS PYltzt Lr-CL
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2009 C C T 14 P1-1 2: 5 9