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HomeMy WebLinkAbout94-04035 " " 'I " 'I " I:' 'I " " " " , , , " " " '" ,., .' SEP 0 II 200W"-' l.ARRY l.EE L1EBRlJM, JR.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON E. CRAMER, Defendant NO, 94 - 4035 CIVIL IN CUSTODY COURT ORDfJ! AND NOW, this 111\ day of September. 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: cc: I. A hearing is scheduled in Courtroojp No.2 of the Cwnberland County Co_urthouse on the _~'O day of '--j(~-LH~ . 2000, at I: 3d ~.M. at which time testimony will be taken in the above case, At this hearing, the Father, Larry Lee Liebrum. Jr" shall be the moving party WId shall proceed initially with testimony, Counsellor the parties shalllile with the Court and opposing counsel a memorandum selling forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness, This memorandum shall be tiled at least three (3) days prior to the mentioned hearing date, 2, In the event either party desires to have any type of evaluation performed in advance of the hearing. the other party will make themselves available tor the evaluation and ensure that the minor child is involved in the evaluation, Upon the request of the evaluator. each party shall ensure that any significant other in their life participates in the evaluation. 3. Pending further Order of this Court, the following temporary custody ordel' is entered with the understanding that this temporary order does not prejudice either parents ability to suggest a dillerent custody order at the hearing: A. The parties shall share legal custody of Kayla Elizabeth Liebrum, born June 6. 1992 with the Mother having primary physical custody on a temporary basis and the Father enjoying periods of temporary physical custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, Father shall also have periods of temporary custody at such times as agreed upon by the parties. __ BY THE C~.,/' 'f"; r--.,< / /, " / ~ ,~- Edgar B, Bayley Karl E. Rominger, Esquire Johnna J. Deily, Esquire J. ct\Y , .\' 'DO G~ ()/~ ~ > It is proposed that the parties share legal custody of the child, with mother having primary physical custody of the child, subject to periods of partial physical custody on an alternating weekend basis by the father. It is also proposed that the parties share holidays and the parties enjoy two uninterrupted weeks of custody in the summer months. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Date /1-10-00 Johnn Attar ey I. . #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant 3 . On this CERTIfICATE Of SERVICE :;J I 15' day of Y~7.-f.(:nht",- , 20_, I hereby certify that I served a true and correct copy of the foregoing Pre-Trial Memorandum upon all parties of record via United States Mail, postage prepaid, addressed as followsl Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY By, rY*r-1' SAlDIS SH\J!'t.tlDWER & UI"luSAY -..- .... MW.JUP- eo...... 'A LARRY LEE L1EBRlIM, JR., Petltlontr/F.thu v. : IN THE COURT Of' COMMON PLUS OF : CUMBERLANI) COlINTY, PENNSYLVANIA : NO. 94.4035 CIVIL TERM SHARON E. C:RAMF.R, Respondent/Mother : IN CUSl'OI)Y fRETRIAL ClJSl'OI)Y....ME,MORANlnJM .lM.CK(;ROUND The parties have been ill dispute over the custody of their daughter, Kayla. for many years now. Petitioner.1.arry Lee 1.il'brum. Jr.. adopts the report of Hubert X. Gilroy. Custody Conciliation Report, Your Petitioner feels it important to point out that in order to enforce the Custody Order of June 1995. and to even see his child at all, he had to take Respondent to an emergency hearing in front of the Honorable J, Wl'sley Oler. Since then. the parties have been lollowing the provisions of that Temporary Order as the conciliator was unwilling to return the child to the week on/week off schedule, Your Petitioner believe.. that Rcspondent has evidenced sullicient disinterest in the child's welfare and has so obstructed your Petitioner's visitation. that the best remedy would be granting primary physical custody to your Petitioner, Petitioner would have no objection to extremely liberal but pal1ial vi~itation in Respondent. WITNESSES I, Petitioner. Larry L1ehrum is expected to testily to his ability to care for the child. his history with the child, and his frustrations as a rcsult of Respondent, Shanlll E. Crl1tl1cr's inability to comply with the Custody Order. 2. Kelly Block is Petitioner's sister and will testily to various interactions which Petltionl~r has with Kayla, the family situation, and her observations of the relationship between Petitioner and Respondl'nt in regards to the exchange of Kayla. 3. Steve Block is the husband of Kelly Block and the brother-in-law of Petitioner, He will be called to verify Kelly Block's statements if necessary, 4. Arthur L1ebrum, Sr. is Petitioner's father and patemalgrandfather of Kayla I1I1d he will testify with his interactions with the child. his son's interactions with the child and his observations of the custlldy situationlll1d exchanges and communications amongst the parties, 5. Barbara L1ebrum is the child's patemalgrandmother and is expected to testify to the care she provides for thl: child, the care that Petitioner. Larry Liebrum provides for the child, and the circumstlll1ces surrounding the custody situation over the last several ycars. 6. Emily L1ebrum is the Petitioner's sistcr-in-Iaw and she will be expected to testify to the circumstances surrounding the custody situation over the last sevcral years. 7. Sharon E. Cramer. Respondent will be called as if on cross. Respondent will be asked why she has failed to comply with the Court Order, why a contempt procceding was necessary, and as to whethcr or not she would be able to faithfully comply with any other Order for visitation in the future. Additionally, Rcspondent will be questioned about her care of the child, including an incident where she allowed the child to go several blocks and cross a busy highway on her own, and other similar incidences, including taking the child into bars. '" ~" - ..., ..... .J.. ,~~.JII""''''' , - ",'/";- .-'1 \~\' J1.,' ," :")'1 I, r:" ,I ,.' .." \. \'~'. '\ r,' ' I" ( '.) , l II'" ?'I 1.1' '(';, ,.. \1 '. .j' ('t~ \"'\\,';i\. .J' , , ',' ' '::'. ..ll.", '0..,,1'>\, ,.![".';i, " 'I, , ,I, , ',t ,., ," , , d , ' " " "'1,; ," :,,,", ;',1' j - d,', L - ',; ". ,'", L., [',l . :~ r I!"'...... "I 1;':11' '.I 'I'i/;'(J:. :'(.,~l ~\\..t~::'(,"\V'~'0 ,r ,," \ C'jr. ".,\'" , "\; \ \ ~\\" -., . I ~I ~\\~1 7:~) \ ij\..~1i " . ,', )~..' ~ ~ \~ 1',,':.\ ',".' c.~\\'r -\,';1\1'1 f ~J\"'.J "~,' t;-;>, ..j v \'\";\'" , , , 1 I, " '. , ' " F ;,' " , , L~ " }~i~~: jl~~~'!;:~iN' JJ~l'11i'-o',J ,\\tl"",;,{ {,)J;1(:lt';/ :rl~'j}1!/J\ kl~f!1<~1.,I,~ YtI{i~1J; t;~'; ii~~{1J;I? ~'W~I~ll;..:;, ~J ,l;\;~n\:~t;:' , 1,.,ltt:fJ'.i/},1 ~;Wl~[{I'~t-;' ~rl' q" ~J.K!.:'("JI;< ',\I",!riIF\~':','i; Ifr",[Mt, :m~r,'j~ji!-!:;~,~~ :\il'~/i\" !,'\1.~1,{(. . .'.,ll"f";! '.;;t'!~\tf"I''\' :\Uii~~~''t1ilr ;,!'~i\i'!,\tg(I' !il;'l~fi!! '{;',ji}J "l:{f}~~; ,~t;;::.;, ~:!"Iji.r",,:; (1 I ,I!\ ~ " , , " , " " 'J; .' ~, ' "'t. 'il"",'"'\'!,(',','jf',"f' ('I IF '1"'- " . .. ,'ff , io~ " '. - . ':""'-- " SAlOIS, SHUFF & MASLAND A'ITDINlYIIAT-aAW 16 W. HI'" Sir'" CUU.II, PA APR 1 4 199~ 'J LARRY LEE LIEBRUM, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL--ACTION v. SHARON E. CRAMER, Defendant NO. 4035 CIVIL 1994 IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before \-\.l\yr\,/- (';\\\ll"'\\\.:>'\.\c ' the conciliator, at ~c I.\l"'n J,un\y\ X{\c\. (0. (o.J'\-'O..l)e...,on the day of _~c \\ 1999, at ':oS, ~)O \,\.m. for a Custody Conciliation 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 a temporary Order. All children aged 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. 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 (717) 249-3166 FOR THE COURT, By :l~\\\J.n\.1-.d"\~\~ \'1'i:>i) SAlOIS. SHUFF & MASLAND "...........lTIlAW 16 W. Hip Sir'" Co""". PA LARRY LEE LIEBRUM, JR., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW : NO. 4035 CIVIL 1994 IN CUSTODY v. SHARON E. CRAMER, Defendant fl1ITION POR MODIPICATION AND NOW COMES, the Defendant, Sharon Cramer by and through her attorneys, saidis, Shuff & Masland and respectfully avers the following: 1. A Concilliation Conference was held on August 7,1997 based on a petition for Modification previously filed by the Defendant, to alter the week on, week off schedule that has been ordered by the Court on June 7, 1995; a copy of said Order is attached hereto and made a part hereof marked Exhibit "A". 2. pursant to the Concilliation Report and subsequent Order dated August 22, 1997, the parties were to undergo a custody evaluation performed by an independent evaluator; an evaluation was performed by the Stevens Center in March of 1998, although copies were not mailed out until March of 1999. 3. The circumstances have changed whereby the shared custody situation is no longer in effect, but in practice, the Defendant has had primary physical custody subject to very limited periods of partial physical custody in the Plaintiff. WHEREFORE, the Defendant respectfully requests Your Honorable Court to enter an order granting her primary physical custody of said child, subject to periods of partial physical custody in the Plaintiif as the parties may agree, or as the Court shall order. SAlOIS, SHUFF & MAS LAND """"",,nu.w It w. Hlab Ilfnl cml,It,P^ " ."i; ';!1 , ,I ",-, 'j' 1- ,,',,~d1~'~;~i J:if,l''';'fl\ ,If' , "II"!' ",, ,'.. '1"T"r'q-' -,'.,...','....,"... " O~ FllE(}.OfFICE THI" r':\)'W'lmNlY 99 ^PR '3 Ali WI 20 " CUM8HiUi.O COUNTY . PENN:;\LVtoN:A .11,' liL:, ' ,'fil!, ,,1, '", ':I:j:/:/'/ :' , :' \I I " ;'1 y,' ",,' , , , " ," " , , , ',', ;\, "; 1,', /1 " , , , , " " " ;11'1 "",'1 , , ;\>1 , " , ", i;." tl', '~"Ii ".....".'~"i.',,1,..,L "...,'J ...' } -,~ . '" .' .' '. . . " - ,~' ~^' JUN 9 " 1& ~~ '95 fll,l L' ,)IIIr.~ OF ,[bi, I'll ",dOh,;q~y (U~ii"'L^UO eN'"IY i)~HI1'.i'/I,.\'I.,tll ,', . , I CUSTODY EVALUATION Re: L1ebrum V. Cramer Page 2 Larry Llebrum (natural father) March 17, 1995 April 18, 1995 Initial Interview Parent Sentence Completion Test Child Management Questionnaire Second Interview Life History Questionnaire Kayla Elizabeth Llebrum March 18, 1995 Marcil 23, 1995 Parent-Child Observation (accompanied by father) Parent-Child Observation (accompanied by mother) BACKGROUND: Sharon and Larry dated Intermittently for a seven year period. She became pregnant September of 1991, Larry was uninvolved during the pregnancy. He Initially denied paternity. The child was born In June 1992 and after paternity was confirmed In January 1993, Larry became more Involved with Kayla. The parents lived together off and on from March 1993 through June 1994. Kayla has been at the Carlisle Early Education Center since August of 1993. ISSUES: Larry expressed a number of concerns about how he believes Sharon treats Kayla. He avers that Sharon would make Kayla sit on the potty for an hour, yells in lieu of talking calmly to Kayla, has slapped her and uses Kayla to her advantage. He also cited an incident where Sharon allegedly put training pants on Kayla, who then wet them. He stated that she then smeared thf,i pants on Kayla and re-dressed her with them. Generally, he does not like the way that Sharon treats Kayla "...it's unreal". Sharon's major issue relates to Larry's actual availability to be with Kayla. She related that Kayla Is more emotionally connected to her, IS more stable when In her custody and basically believes that Kayla's best interest would be served if placed In her primary custody. She stated her belief that Larry loves Kayla. Additional concerns relate to Kayla sleeping at the paternal grandparents' two nights during Larry's custody time. Finally, she expressed a concern about her belief that Larry may let the child sleep In the same bed with him. This creates difficultly for her upon Kayla's return as Sharon has difficultly getting Kayla to sleep in her own bed. Finally, Sharon related that Larry has "cllssed her out" In the presence of the child 'several times' - usually when emotions run high. The parents currently live five minutes apart. CUSTODY EVALUATION Re: L1ebrum V. Cramer pege 3 Both parents referred to the foSSlblllty that the grandparents' Involvement may be too much since July 0 1994. However, It was noted that both grandmothers babysat for Kayla at certain times prior to July of 1994 and neither natural parant raised a concern, FINDINGS: Results of the Information from the parents Indicate that they both have e strong emotional attachment to Kayla, appear well differentiated from her, and are Interested In her welfare. There Is no evidence of any enmeshment. Sharon responded to and axplalned each of Larry's concerns, She admits to "counting to three" In wanting her own way at times. She denied ever keeping Kayla on the ~otty chair for any extended period of time. She did, howaver, admit to swatting" her, noting that "It was not a slap", She also admits to Involving the maternal grandmother and finally said that her going to bars, another concern of Larry's, occurs either when she doesn't have Kayla or Kayla sleeps at the maternal grandmother's. Parental availability seems to be an Issue, There are no Identified risk factors such as substance abuse, They both have an accurate perception of the child and basically have reasonable expectations. Although their communication styles dlffor to some degree with Larry being more structured and directive, and Sharon being more able to re-dlrect and allow Kayla to negotiate, both parents have appropriate communication with the child. However, there does seem to be some Inter-parent variables present. Specifically, It Is my belief that there are unresolved emotional issues between the natural parents which have largely contributed to their Inability to resolve the parenting arrangement. There continue to be some feelings of ambivalence toward and about each other. To that end, during the assessment process, It appeared appropriate to refer them for marital counseling, They had one session with a therapist. A review of Sharon's diary further suggests that there are unresolved emotional issues between the adults, A review of the responses in the Life History Questionnaire does not suggest any Issues which would heavily influence either of the parents concerning their p~rception of and relationship with Kayla. Sharon's father appilrently was an alcoholic and she received counseling related to co-dependency issues. FINDINGS (KAYLA): Two Parent-Child Observations were conducted to sample family Interactions. Although additional instruments were attempted, due to Kayla's young age, these proved less than valid. On the first occasion, March 18, 1995, Kayla was accompanied by her father, Mr. Larry Llebrum. Kayla Immediately asked her father for permission to play with the toys in the playroom, and Mr, Liebrum agreed. Kayla first obtained a toy xylophone and began playing with this. Her father then demonstrated playing notes up and down the scale. Kayla immediately imitated this, and did so nearly perfectly. CUSTODY EVALUATION Re: Llebrum V, Cramer Page 4 Kayla then retrieved a "Connect Four" game. Her father explained the object and methods of play, It was obvious that Kayla did not understand this, and during their play, she moved a lever that released all the pieces ont.o the table top. Her father stated "That's the end of the game" and Kayla stated her desire to replace all the pieces. Her father then explained, "You don't put them all In; It's a game; you golta get four In a row; you go first, then I go, then you go, and then I go". Kayla quickly understood the concept of taking turns, and they continued playing. Her father won tl\e first game and then he an owed and assisted Kayla to win the next. At that point, Kayla expressed a desire to play with other toys, and her father agreed, stating "you won one; I won one; let's call it a tie". Kayla then attempted to put the "Connect Four" game away, and experienced difficulty returnln~ It to It's shelf. She stated "I can't get this up here". Her father responded "What s that word?", but Kayla did not reply, Her father repeated the question and Kayla loudly said "I can't!'. Her father then commented "We don't use that word". Kayla eventually was able to return the game to it's location. Kayla then obtained a toy shark, She showed it to her father and asked him why it had teeth. Her father explained that sharks eat little fish and Kayla seemed to become apprehensive. She asked her father to put the shark away. A few minutes later, after reading a few children's books to Kayla, her father again obtained the toy shark and pretended to bite her with It. Kayla said "Ouch" each time he did so, and altel' a couple times, she again seemed anxious and moved away from her father, Mr, L1ebrum stated "Come here, Honey", to which Kayla answered "No". Her father replied "Yes" and Kayla complied. Mr. L1ebrum then explained to Kayla that the toy shark was not real. Kayla then got crayons from the toy shelves. Her father assisted her In drawing a person, by placing his hand over hers. He then helped Kayla to trace the outline of a toy, and they spent several minutes coloring the picture. Kayla and her father spent several minutes playing with a wooden marble toy. KClyla divided the marbles between herself and her father, Several times during this activity, Kayla Imitated various statements her father would make (e.g, "Here it cornesl"). On several occasions, Mr, Llebrum tried to get Kayla to name the colors of the marbles or to count them. He usually needed to use two or three prompts before she would do so. At one point, after several minutes of playing with this toy, Kayla seemsd to become bored and began to whine. Her father told her to "Stop the whining", and Kayla did comply. A few seconds later, however, Kayla stated to her father "You scared me". She then said something that was not intelligible to the observer. Her falher quickly asked "What did you say"? Kayla replieo "Nothing". Her father asked her the same question three more times and Kayla responded "nothing" each time. Finally, her father stated "No more balls (marbles) will go down till you tell me what you said". Kayla again stated something that was not understood by the observer, but her father replied "Okay, I thought you said something else". They then returned to the marble toy for the remainder of the observation. A second Parent-Child observation was conducted on March 23, 1995, with Kayla and her mother, Ms. Sharon Cramer, Kayla and her mother entered the playroom, and Kayla immediately obtained the crayons. She again attempted to trace the outline of a toy, as she had done the previous observation. After about two or three minutes of coloring, however, Kayla stated "I don't like this crayons" CUSTODY EVALUATION Ae: Llebrum V, Cramer Page 5 and began to return them to their location on the toy shelf, She experienced difficulty and stated "I can't get It". Her mother quietly Instructed Kayla to use two hands and stated "I'll bet you can get It". Kayla was successful, and her mothar praised her "See, you can do It". Kayla then obtained the checkers and the "Connect Four" game. However, she then quickly noticed the marble toy and said "I don't want to play with these", referring to the "Connect Four" game, She began to return the checkers and the game to the toy shelf when she noticed the toy shark, She backed away from the shelf, stating "Shark Is going to get me". Kayla asked her mother to put the toys away. Her mother took: the chflckers from her, stating "I'll put these away and you put this (Connect Four game) away". Kayla complied. Kayla moved to the marble toy and began playing. After a few minutes, her motller attempted to direct Kayla's attentfon to a t'JY from the Disney movie "Aladdln". Kayla looked at this a few seconds, then returned to the marbles for a few more minutes. She then asked for a puzzle, although the ones available were obviously too difficult. Her mother stated "They're klnda big for you, don't you think?" but Kayla Insisted. Her mother aided Kayla In assembling the puzzle by handing her one piece at a titTle and plwslcally asslstlnQ her in placln~ It In the correct location. After a few minutes, Kayla stated "I don t want to do it'. She then wanted to play the game "Hangman". Her mother explained that to play the game, Kayla had to know the letters of the alphabet. Kayla quickly recited the alphabet, but Incorrectly, She Insisted on playing the game. Her mother attempted to use the letters In the game to help Kayla to speir her name. However, Kayla quickly said "I'm done with these". Mom directed her to put the game away, Kayla replied "I can't". Her mother said "You hand them to me and I'll put them away." Kayla complied, Kayla explored various toys In the playroom including playing cards, a toy doctor's kit, a xylophone, blocks, hats, and finally, the crayons and the marble toy. In each case, her Involvement with the toy lasted less than two or three minutes. At one point, her mother remarked, "Nothing is keeping your attention tonight, is there?" As the evaluation was concluding, Kayla then became more Interested in remaining. She protested vigorously to her mother, exhibiting a mild temper tantrum. Her mother explained the need to leave and gathered Kayla's coat and opened the door. Kayla reach'ld for h'3r mother, who picked her Lip and carried her from the office. Generally, during both observations, Kayla seemed to be quite bonded to both parents. She was in general inquisitive, playful, and outgoing with both parents. She seemed to remain with one toy or activity longer with her father than her mother, but this may have been attributable to her previous familiarity with many of the toys. Both parents seemed to use similar methods of instruction with Kayla, and for the most part, were quite attentive to her statements, wishes and needs. If there was any difference in parenting methods, it might be generally described that her father seemed to provide somewhat more instruction and structure, while her mother ~eemed to provide more praise and affection. Kayla obviously would seem to require both in order to thrive. . .. J AN 17 1995dlk. LARRY LBB LIEB/WH, JR., Plaintiff I IN THE COURT OF COMMON PLEAS OF ICUMBBRLAND COUNTY, PENNSYLVANIA I INO. 4035 - CIVIL - 1994 I I ICIVIL ACTION - CUSTODY v SHARON E. CRAMER, Defendant COURT ORDER AND NOW, this ~ day of ~"lll\~ll~ , 1995, upon consideration of the attached CustodY Conc~liis'tion Report, it is ordered and directed as follows: 1, A Hearing is scheduled in Courtroom NO.2 of the Cumberland County Courthouse on the ~ day of (Lu~Q , 1995, at P, 'I', A H. at which time testimony WTIl be taken in the above case. At this Hearing, the Father Larry Lee Liebrum, Jr., 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 their position on custody and also setting forth a list of witnesses that will testify at the Hearing along with a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the Hearing date. 2. In the event either party desires to have any type of psychological or any other evaluation done in preparation for this Hearing, and that party is willing to pay the cost of said evaluation, it is directed that the opposing party shall make themselves available for an evaluation and shall also make the child avai.lable for any type of evaluation. In the event both parties through the,ir counsel reach an agreement to have this type of an evaluation done, such evaluation shall then be deemed to be an independent evaluation with the parties sharing the costs of the evaluation. 3. Pending further Order of this Cour of October 17, 1994 shal.l>remain i prior Order eel Carol J. Lindsay, Esquire). . James J. Kayer, Esquire J lt~.. -,:.i"'....(...fk ! ~ . v IIN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I INO. 4035 - CIVIL - 1994 I I ICIVIL ACTION - CUSTODY LARRY LEE LIEBRUM, JR., Plaintiff SHARON E. CRAMER, Defendant PRIOR JUDGEI JUDGE KEVIN A, HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report I 1. The pertinent information pertaining to the child who is the subject of this litigation is as followsl Kayla Elizabeth Liebrum, born June 6, 1992, 2. A Conciliation Conference was held on January 12, 1995, with the following individuals in attendance: The Father, Larry Lee Liebrum, Jr" with his counsel, Carol J. Lindsay, Esquire, and the Mother, Sharon E. Cramer, with her counsel, James J. Kayer, Esquire. 3. The parties separated in July of 19.94. They were before the Custody Conciliator in September of 1994 at which time a temporary agreement was reached whereby the parties would share physical custody of the minor child on a week on/week off basis. At the time of the agreement in September, another Custody Conciliation Conference was scheduled for January to review the custody agreement at that time. 4. After a number of months of the alternating week custody arrangement, both parents are dissatisfied with this arrangement. Both parents feel that they should have primary physical custody of the minor child. Both parties raise various concerns relating to the lack of parenting skills of the other party and other miscellaneous concerns. It is clear that an agreement cannot be reached and that a Hearing is required. ~, I ... :jl f:l ... 5 N . ~ e.. :i! z ... ~ il~1 - III ;"0 t;;< ~....~,., . ~~S~~~ 8~~! P: lj.l ~ ~s "'J.... ~ ~~ ~Z~~~> OM 8 -1Il..:l -~ '0 t)::l8<:t;;: i~g~ S.~ - ~ ~8~ . P:CU ~~~~~~ ,... I-j P: III III ~8 HO OOO~ o I U i:O.-l :> E~ ii~ii ~8z~ rile.. ::E~O"'l-j,O,l H g~~~~~ . ~ . . 01"1 ..:l U "- OpeO::; 8~51 1<<t? OO<~~ ~~~O riI . 1<<Z riI riI HH ..J '" ... III ~~pe .0:.., ..:l ~i 0'"-" ...- ~riI..:l'" i ..J -< ...l -pe-j ~ '"- ~ ---- ~~Eo ::l u x -- -- e.. H UZ ..:l III . . . Ifo,. . .' . . . .. in this mailer for April 20. 199~. As the psychological evaluation that was being performed by Guidance Associates had not been completed in time for that hearing, the parties stipulated that the hearing be continued. TIlls Coun has scheduled the hearing to occur on June I, 199~. Prior to the panies' living together. they had their disagreements regarding the child. During the mother's pregnwlcy. the father denied patemity of the child. He continued to do so even after the child was oom. The mother, as pan of her action for child suppon. requested that blood tests be perfonned confinning patemity. The tests did, indeed. confinn that Mr. Liebrum was the father. He has since withdrawn his challenge as to patemity. It is the mother's contention that the primary motivation behind the father's interest in the child and his pursuit of custody i:; 11I1 allempt by him to manipulate the relationship between father and mother. The mother believes that as she has been the primary caretaker of the child throughout the child's life. until the altemating custody schedule was imposed upon her by the father's unilateral seizing of the child nearly one year ago, that the child will continue to thrive in an environment where she is primarily with the mother. The mother is concemed regarding the relative lack of maturity of the father based upon a number of incidents that have occurred between the panies. She believes that these incidents are indicative of the character of the father and believes that they could lead to the type of "flaws of judgment" that could endanger the child when with her father in a time of crisis. The father exposes the child to a steady stream of verbal abuse and expletives directed at the mother (in the child's presence), during nearly every conversation that the parties have. This conduct is not limited to telephone conversations between the panies, it has also occurred when they meet face-to-face. The mother is concemed that if this type of verbal abuse and denigration occurs in her presence, then she questions what types of abuse and denigration occur throughout the rest of the time that the father has the child. II. WITNESSES It is anticipateclthat the Defendant shall call the following people to testify at the hearing: I. Stanley E. Schneider. ED.D.,R.C.E. - Dr. Schneider is completing a custody evaluation at the request of the mother and it is anticipated that the panies shall either stipulate as to his repon or. alternatively, that one or both panies may call Dr. Schneider as a witness. As the report has not been completed at the time of this writing. it is impossible to detennine whether such a stipulation is possible. 2. Sandra Hawkins - A personal friend of the mother who has known the mother for approximately five (5) years. Mrs. Hawkins is to testify as to her observations of the mother-daughter relationship, as well as Ms. Cramer's experiences with children prior to Kayla's binh. 3: Pamela Dickson - Ms. Dickson is a friend of the mother and is the mother of a five year old boy who plays with Kayla. It is anticipated that Ms. Dickson will testify as to her observations of the parent-child relationship. 4. Jody Shields - Ms. Shields is a cousin of the mother who has ~itnessed incidents between the mother and father in the past, the most recent incident having occurred on or about May 12. 1995. 5. Amy or Pat of the Carlisle Early Education Center - Mother's counsel is without the last names of these individuals at the time of this writing. These individuals are the teacher and teacher's assistant for Kayla at her day-care facility. It is anticipated that one of them will testify as to their observations of the parent-child relationship regarding oolh parents, observations regarding the difficulties that the plllties have had in dealing with each other regarding custody transfer, as well as the child's progress in school since the alternating weekly custody schedule has been in place. 6. Grace McKee - Mother of the Defendant, has personal knowledge regarding many of the incidents that have occurred between mother and father since the binh of Kayla. Mrs. McKee will also testify as to her observations of the mother-daughter relationship. CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Defendant's Pre-Trial Memorandum wa., served on the following person(s) by First Class mail, postage prepaid by forwarding a true and correct copy unto: Carol J. LlndSllY, Esquire Flower, Morllenthlll, Flower & Lindsay II East Hlllh Street Carlisle, PA 17013 Dated: Lj/z 7. /1::- . , " . . .ti .t. 1'1 ~ f' ":r" en . .. ~ . . ,~ 'T ~\~ ,-4 a .(" I.. " - '-I - ,.,.. ,. m , . -..) r-- ,.,.. 1'. I", - . . <:n - ~ -0:) y; 1. . ':tt = I"j .:::f (....,J , r:;~ '" ~ ~. -'~ ... I .... ~ ... ;1 g ... ... ... .~ ... ~ . , 0 3 ~ is ..J Z ~ ... N ... 2j ~ ~~g ti< ~~~i '" B lS~~~~ i~1 , 8~f! . t5Z~f-CII~ ~ II: '" Ii>' ~ -0< , CIl:..Ju",X ~\J~< ~ . E-< o~~~~~ o~o~ ~~I c: PI 3 e ~ ~~~"'xz Ii~~...l ci iligtiiie li~'1 . ~ . . t-l ~ ~o~<~~ Q",O~ ~ . 8 ~~~~ rol o..Jg:: ...tI) ~ .c; "" ...- ~ ..J < ...l I!l gil!l ~ "" '" _c.:::_U < ---- U Ie III ---- , . . . .. . ,0 . . J UL 211994cl;,i . . . 0:1..",.1<)11<......,.,_.... lUe, !Il6-'I.ol The mother of the child Is Sharon E. Cramer, currently residing at 293 Plaza Drive, Boiling Springs, Pennsylvania. She Is single. The father of the child Is Larry Lee Llebrum, Jr., currently residing at 922 Forest Court, Carlisle, Pennsylvania. He Is married. 4. The relationship of the Plaintiff to the child Is that of father. The Plaintiff currently resides with the following people: NAME RELATIONSHIP Kayla Elizabeth Llebrum father/child 5. The relationship of the Defendant to the child Is that of mother. The Defendant currently resides with the following person: her paramour 6. Plaintiff has not participated as a party or witness, or In any other capacity In other litigation concerning the custody of the child In this or another jurisdiction. 7. The Plaintiff has no Information of a custody proceeding concerning the child pending In a court of the Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best Interest and permanent welfare of the child will be served by granting the relief requested because: 2 €J I ... ~ ... ~ ;1 ; ... ... !:: N .~ . ~ ~ ~ ~>~ ... ... ... <1= !U< ",..11::... '" 2j ~~~~~ ~~~i , i 8 ~... . ~~~~tIl~ ~~i~ ;"'~ ~ ~..Ju",:t 8 .~ , o~~>l..)~ ooo~ ~ . ~~~~s:z ~ ~ ~ ~ I ~ ~~!i..l .~- 0 f-o 1.0.1 . ~ . . o I S ~ ~~~~tIlll: '" o~o= ~Q~,iS ...:I ~Oo<~~ ~""lfio ~ . o ~ If ::::s ~~~~ i~'~ fol ~ < ~ ~~~u ~ ...:10>8 ~ ~ - --- ~ 5i~ U ___tl. 1I) . .. -, .. . , .. JUL:2 (}488tJl\.. JUL 211994c(,1~ . / JUl ZU 8 ~(j AH' '9~ , . ! I 1,10" I I f: Y . , , . " ',' " " ,1.1 ,I , " " " ',' ., '/I, " .. " , , I " , , , " :, , q , I. " , . , " " , , , " " " , ! " " jll ., " I;,' , I .. i" ,I I'., , " .' ;1 " ,. ',"-1' '.'''-~''''''-':'I~IlIl'''''''.i'' I""" "'''Y''~,-_T","":"''''lr',,...-':'''''''''-'''''''''':'' . t ,. " , , \ ti; .. ''''-'-.,- 1l. """, .. ;.fF, ,_1":1 1I~ "", . .- . .. . , " " ", "', , . . - ""-'," '1/""',"', - * LQrr'j Lee. L-Ic:..brl...li"(, ,.II". Plaintiff :IN '1'HB COUR'l' OF COMMON PLEAS OF :CUMBERLAND COUN'l'Y, PENNSYLVANIA : :CIVIL AC'l'ION - LAW ;NO. 1.11, ,.".~ CIVIL :CUSTODY/VISr'l'A'l'ION 19Q'i V * ~hC\ron E, ((''-1(,'\\'i Defondant ORDER OF' COURT AND NOW, this (date) ~; {;\,'/<ll, upon consideration of the attaohed complaint, it .is hereby directed that the arties a~d their respective counsel appear before t~ C' - - '/.., , the oonciliator, at i ,'\ ...., (,\. .~' (, ,')\)e r'~ on the \C) day of \.j\'::::,l. , 19"1 , at I(j " "Cl A. M., for a Prehearing Custo8y Conference. At suoh conference, an effort will be made to resolve the issues in dispute; or if this oannot be aocomplished, to define and narrow the issues to be heard ~y the oourt, and to enter into a temporary order. Either party may bring the child who is the subjeot of this custody aotion to the conference, but the ohild/ohildren's attendanoe is not mandatory. Failure to appear at the oonference 'may provide grounds for entry of a temp~rary or permanent order. FOR THE COURT: By:Jlll..C\<'/Jl} Y . ~J1;.QJlr:"u.-<! t",'1-' Custody Concil~tor (:rrg) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE: A LAffl'BR OR CANNO'l' AFFORD ONE, GO TO OR TELEPHONE 'l'HB OFFICE SB'1' FORTH BELOW TO FIND OUT WHERE YOU CAN GB'1' LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 l ,,-~.\., '.. I . "," OF Tj'r ,--,' -. "''''''''TIJ1'( I ,1\ ." 9H\~~I'.l f.\?t:\l C\J~,\~~. ,. "",,' I Pt:I~t ,~YL\"I.I .11\ I,;f ,I , . t' , ,', I'. . . . \ I~U ii~~ 11[[ all ~!~! ii ~ . ~ In! t6 ~f ~~ S !liE-E. < ~3~! {/J ... .. , . , . ,I -- IJ) ~ b~ "" P z .. ~Of~ I ll.JI~! - ~- It'l:~ <. ~ .,', ~~ .1'1,. >. .J: rt- ':1 r',/I .. r I"" , c]. " ," ;.,.!) I". , ..1,,; . .' , ::19:! I,! , 0, , a , , " r....) <.) ..;.') ... - ~ i o .. ~ I 0111 i r ::l .. ... R ~ ~ lI' .. II ii ~ . ~ i' h ~ ~I , . , '. , .' 1 aa SouttI Hanover SIr"' Cart..... ""'NylYanla 17013 . j!>,'iJ;,'''fIN' "-/,,,. /. ,71' 711.2.'.4070 ' 1OO,'''IU90 ' 'All: II1.W,611' 'ItWW,JOmlnglItbw C~ ... ko.....~..tw-1aw,cotrt . , , ' , IHN 1 t 21m \ 1 North MaIn s~ CIlaml:lenburg. Penn.ylYanla 17201G- . .. LARRY LEE L1EBRUM, JR.. Petitionllr/Futhcr : IN TIlE COURT OF COMMON PI.EAS OF : CUMBERI.AND COUNTY, PENNSYLVANIA v. : NO. 94-4035 ('lVII, TERM SHARON E. CRAMER, Rllspondent/Mothcr : 1r'J CUSTODY ORIlER OF COURT AND NOW, ______~_______..__' 20 _ ____, upon ~()nsidenltion of the auached Petition to Modify Custody, it is hereby directed that the parties and their rcspcctive counsel appear belore . the conciliator. al oa the __,~__ day of ___,_____~__' 21100_, at ___ o'clock. _.m., for a Pre-lIearinll Custody Conference. At such ~oaferel1ce, an eftilrt will be made to resolve the issues ir. dispute; or if this cannot be accomplished. to defiae and narrow the issues to be heard by the Court, and to enter into a temporary order. All children aile five or older may also be present at the conference. Failure to appear atlhe confercnce may provide grounds lilr entry of a temporary or permanent order, FOR TIlE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For inti>rrnation about accessible lacilities and reasonable accommodations available to disabled individuals havinll business before the court, please contact our otlice, All arranllements must be made at least 72 hours prior to any hcaring or business before the court. You must aUend the scheduled ~onference or hearinll. YOU SHOUl.D TAKE nlls PAPER TO YOUR LAWYER AI' ONCE. IF YOU DO NOT HAVE A l.A WYER OR CANNOT MHlRD ONE, GO TO OR TEl.EPHONE TIlE OFFICE SET FORTI I BEl.OW TO FIND OUT WHERE YOU CAN GET l.EGAL HEl.P, Otlice of the Court Administrator Cumberland County Court Ilouse, Founh Floor Carlisle, PA 170lJ (717) 240-6200 LARRY LEE L1EBRUM, JR., PLAINTIFF/FATHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON E, CRAMER, DEFENDANT/MOTHER 94-4035 CIVIL TERM IN CUSTODY ORDER QE..COURT AND NOW, this -'Il-- day of June, 1995, following a hearing on the merits, IT IS ORDERED: (1) The custody order of October 17, 1994, Is vacated and replaced with this order, (2) Sharon E, Cramer and Larry Lee L1ebrum, Jr" shall have shared legal custody of Kayla Elizabeth Llebrum, born June 6, 1992. (3) The mother and father shall have shared physical custody of Kayla on a week-to-week basis. (4) The parents shall share physical custody on all holidays. At Christmas, the father shall have physical custody on Christmas Eve through noon Christmas Day and the mother shall have physical custody for the remainder of Christmas Day. (5) The father and mother shall cooperate in securing day care for Kayla that will not require Kayla to attend when the father is off work during the weekly periods he has physical custody and can be with her. EXHIBIT A.l i'i,"!"':'''.'' i.'~~Di;;)i,f.~;II1~'!j.i,;, _'~ . - IitH',,-I-' ,j;) _ ,','IT,'...iL;..., j \;!J<')I:\.;!i;,9iA;ttl~,l}I!,p"r,ftlV!tfilfl!!lJ[ik<l~Yi"_llll~,lir."'"i-.-....W'F'" ,jM;,' V.,j,W;;..vft.., ,~fwMJ}>>f-&M.,{.J,f..tP.IfIH..'~;{~... i ~1\Wfm,.-""~"-'""" -, I - t, I" ", I,' " . " " ,.t." q'" " , , '\ \. ,0," '.1 :. I\!r\~ ;il II Ili\\ 'ii. 1\'. \)IJ .,' , .'" ,', U,iJ'l,\i( . C\j~!I~~~,~~\);;~II'\'\\1\ .~\ ~\} " . , '1' I> ", " , " , " ,,' ;.1 .. " I-I' i' " ';", , ' '. '" . ;;' " " >I ,. ,': " I:, , , . , , . iI ., ',), " I ',j' ql .' . '... 'I"..: ,tJ'h-Ifp,,~J U~, L~'1" ,'tliL"Jw.r~\\'Il""."'li:l ," I . , ' , , .. . ' I ,~-- " ,~~+ ,,(1 " II" ,~, ':; 6. There is currently in el1i.:ctll Coun Order dllted June 7, 1995. <Exhibit Al entered to the llbove docket number IInd II Petition tor Moditicllllon to the swne number with hellring dIIte scheduled tor September 12. 2000 <Exhibit BI, 7. Petitioner docs not know of II person not II pliny to the proceedings who hIlS physiclIl custody of the child or c1l1ims to hllvc physiclIl custody or visitation rights with respect to the child, 8, The best interests IInd pennwlelll wellare of the child will be scrved by grllntin8the relief requested bcclluse: (II) Petitioner is the naturaltather of the child: (b) Petitioner has established a rcllltionship with the child; (c) Petitioner desires to continue exercising pllrentlll duties IInd enjoys the love IInd affection of the child: (d) The child sh()uld be pennilled to enjoy the lovc, IIffection. IIIld emotioool suppon which can be provided by their nlltural father, 9. Each pllrcnt whose pllrental rights to the child have not b.'Cn tenninllted and the pcrson who has physical custody of the child hllvc Ix:en nllmed liS panics to this IIclion. No other persons arc known to have or claim a right to custody or visitation of thc child to be given notice of the pcndency of this action IInd thc right to intervene. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARV PRIM&.RV PHYSICAL CUSTODY 10. Parllgraphs one ( I) through (9) lire hereby incorporated by rcfcrence 115 though fully Ict fonh, LARRY LEE L1EBRUM, JR., PLAINTIFF/FATHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-4035 CIVIL TERM SHARON E. CRAMER, DEFENDANT/MOTHER IN CUSTODY ORDER OF COURT AND NOW, this ..' / f.- day of June, 1995, following a hearing on the merits, IT IS ORDERED: (1) The custody order of October 17, 1994, Is vacated and replaced with this order. (2) Sharon E. Cramer and Larry Lee L1ebrum, Jr., shall have shared legal custody of Kayla Elizabeth L1ebrum, born June 6, 1992. (3) The mother and father shall have shared physical custody of Kayla on a week-to-week basis. (4) The parents shall share physical custody on all holidays. At Christmas, the father shall have physical custody on Christmas Eve through noon Christmas Day and the mother shall have physical custody for the remainder of Christmas Day. (5) The father and mother shall cooperate in securing day care for Kayla that will not require Kayla to attend when the father is off work during the weekly periods he has physical custody and can be with her. EXHIBIT A.1 CEf,JTIFICATE OF SERVICE I, Karl E. Romlnaer, Esquire, attorney for Larry L. Liebrum. Jr., Petitioner, do hereby Johnna J. Deily, Esquire 26 West High Street Carlisle, PA 17013 certifY that I this day served a copy of the P,tltlo,,/or Em,I'1l'''cy R,lIqupon the followlnlJ by depositing same In the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: .--.'.) ," ~-- .-....... , / Karl E, Romlnser, Esquire Attorney for Petitioner Dated: August I, 2000 ~-' , LARRY LEE LIEBRUM, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, SHARON E, CRAMER, Defendant 94~4035 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of August, 2000, upon consideration of the Petition for Emergency Relief filed on be~alf of the Plaintiff, Larry Lee Leibrum, Jr., and pursuant to an agreement reached in open court in which the Plaintiff was represented by Karl E. Rominger, Esquire, and the Defendant was represented by Johnna J. Deily, Esquire, it is ordered and directed that the Plaintiff shall enjoy periods of partial physical custody until such time as the custody conciliation hearing can be held on September 1, 2000 as follows: 1, From 8:00 a.m. August 10, 2000, through 7:30 a.m, on August 17, 2000, at which time the Plaintiff must deliver the child to the Park and Ride in Newville by 7:40 a.m. to attend Brownie camp. 2, From immediately after Brownie camp on August 20, 2000, until August 23, 2000, at 2:00 p.m., upon the condition that Plaintiff takes the child to her regularly scheduled dental appointment on August 22, 2000. 3, The weekend of August 31, 2000, from Friday at 5:00 p.m. until Sunday evening at 7:00 p.m. 4, The parties agree that they shall make themselves available should the child wish to have phone visits when she is with her non-custodial parent. LARRY LEE L1EBRUM, JR., PLAINTIFF V. SHARON E. CRAMER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-4035 CIVIL AND NOW, this ORDER OF COURT ~ day of December, 2000, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) The mother, Sharon E. Cramer, shall have primary physical custody of Kayla Elizabeth Llabrum, born June 6, 1992, (3) The father, Larry Lee Llebrum, Jr., shall have temporary physical custody of Kayla as follows: (a) Every other weekend from Friday at 5:00 p,m. until Sunday at 5:00 p.m. (b) During any week he is off work and during any week he works a third shift, on Wednesdays from after school until 8:00 p.m. (c) From 9:00 a.m. until 8:00 p.m, on any of the following holidays which he Is not working: Presidents Day, Memorial Day, July 4th, Labor Day and Thanksgiving. He will provide the mother with two weeks notice of any holiday that he will have Kayla, (d) Each Christmas Day from 3:00 p,m, until 9:00 p,m. (The mother shall have Kayla each Christmas Eve through 3:00 p.m, Christmas Day), (e) Every December 29th at 9:00 a.m. through January 1"t at 8:00 p,m,; '..( >.'1 I" \" ',' I:)'.) ,:::', ?l ,'(\ " . ~ . .,\'j c "j',.,.' J ,i "J~J\'. 1,)",\;~\~6i\;lN:\\I\ " '.i