HomeMy WebLinkAbout95-04632
4. Issues yet to be resolved: Who Is to be the primary custodial parent for
Sara.
5. The Plaintiff's position on custody is as follows: Plaintiff/Respondent
Mother suggests that Sara should remain with her. The parties separated in
November of 1 996, at which time Mother moved from the parties' residence in
Lemoyne to East Pennsboro Township with her aunt. She changed the child's
school at that time and the child apparently Is doing well. Mother wants to relocate
to Berwick, Pennsylvania, because she feels that she has a better opportunity to
find employment, has transportation for employment, and has a better living
arrangement. Apparently she is desirous of moving to Berwick because of a
relationship that she has with another man who, In her opinion, gets along very
well with her daughter. Mother says that she will agree to continue the every other
weekend arrangement that the parties have been working on since they separated
in November, and will agree to essentially share the summer time so that the
children are all together over the summer months.
6. The Defendant's position on custody Is as follows: Defendant/Petitioner
Father believes that all of the minor children shoUld be residing together. Father
believes that the Mother has shown some Instability by moving the child from the
West Shore School District to East Pennsboro School District In November, and
now wanting to move the child again to Berwick, He also feels that he will not see
2
the child as often since he visits the child during the week. He believes that he can
accommodate an avery other weekend schedule with Mother and share the summer
months, but feels quite strongly that his daughter should reside with him and his
sons.
7. Need for separate counsel to represent chlld/ren): Neither party
requested.
8. Need for Independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any Is necessary.
9. A hearing in this matter Is expected to take: one.half day.
10. Other matters or comments: The parties entered Into an Order In
November of 1996 essentially sharing custody of the minor children. The Mother
had custody of their daughter who Is currently in first grade, and the Father
retained custody of their two sons. Soon after the prior Order was entered, the
parties reconciled and stayed together until November of 1996.
In November of 1 996, Mother moved out and in with her aunt in East
Ponnsboro Township. Tho living arrangement In East Pennsboro Is not what
Mother believes Is best since the accommodations do not allow for a separate
bedroom for her daughtar. She wanted to move to Berwick Immediately because
she believed that there would be a better living environment for her daughter. She
3
also had a potential Job available for her and transportation back and forth from
work. Her paramour lives in Berwick and she Intends to reslda with him.
Mother agreed, upon the recommendation of the Custody Conciliator, not to
move to Berwick until such time as the hearing occurs. The Custody Conciliator
felt that the child should not be ramoved from another school district during the
school year. Also, In the evant that Mother does not get primary custody, the
Conciliator felt that the child should not ba moved to Berwick and then have to
move back with her Father. Mother egreed to this arrangement provided that It
would In no way prejudice her position with regard to the uitimate custody Issue.
The Issue for the Court to resolve Is the ultimate custody of Sara. The Court
needs to look at Mother's reasons for moving to Berwick and the living environment
that she has there end her relationship with her daughter, as compared to having
the daughter stay with her two brothers and her Father.
A side Issue that the Court should be aware of, although it Is not an issue
that is at this time to be determined at this custody hearing, Is the fact that Mother
has a son who Is 14 years old that has resided with them since the parties were
married. Step.father essentially has been acting as the child's father. Mother
agreed that her oldest son, Michael, should remain with Father during the school
year so as to not disrupt his schooling in the West Shore School District.
Essentially, therefore, the family unit In this case consists of the parties, their three
4
A
MOTION FOR CONTINUANCE
The plaintiff, Bonnie M. Freeman ("mother"), by and through
her attorney, Joan Carey of Legal Services, Inc. states the
following in support of the Motion for Continuance in the above
captioned matter:
1. A custody hearing is scheduled for Monday, April 21, 9:30
p.m.
2. At the Conciliation Conference on January 9, 1997, the
mother agreed not to change her daughter's residence to Berwick,
Pennsylvania, until further Order after a custody hearing.
3. In or about late February of 1997 because of a situation
beyond her control the mother no longer had housing in Cumberland
County; therefore, she relocated to Berwick to establish a
residence for herself and her children. Pursuant to the parties
agreement, the mother left her daughter temporarily with the
father, and she sawall of her children on alternate weekends and
other agreed upon times.
4. On or about March 20, 1997, the mother agreed that the
father retain primary physical custody of the three children and
the parties were negotiating a partial custody schedule whereby
the mother would have the children on alternate weekends and at
least half of the summeri thus eliminating the need for the
~
hearing scheduled for April 21, 1997.
6. On or about April 10, 1997, the mother informed Legal
Services' staff that she and her friend, Grady Houck, had
decided to establish a residence in Cumberland County rather than
in Berwick so that she would be closer to her children. Her
reasons for returning to this county included the fact that she
wanted her daughter, who had only been out of the mother's
custody for approximately one month and who had not adjusted well
to the separation, to be returned to her custody, and that she
wanted to maximize the time she could spend with all her
children.
6. The mother requssts a continuance of the April 21st
hearing until July of 1997 for reasons including the following:
a. She is residing temporarily with her mother in Camp
Hill, Cumberland County, and she plans to look for
housing in or around the Lemoyne area and expects to be
able to establish a residence which is suitable for
herself and her family by in or about June of 1997.
b. Since there is not sufficient room at the mother's
temporary residence to have the children stay with her
on a long term basis, she agrees that they remain in
their father's custody pending further order after a
hearing sUbject to her having them on alternate
weekends and extended times during the summer.
(Depending on the availability of adequate sleeping
arrangements, until the mother establishes her own
ii; Cl "'i-
ll. I
~ ,-
~,
,., .. '.t:
UJ~~":' .-
.- II)
( .. ~;. " " "
R:;' ~.t..
. " "
~. .'.
l:'J t,<,l
.t{, t .,~
G~I rc' l',)
I" p- I(~
~.
l!. ,~ ,
,,'
kJ CJ\ U
5. The relationship of the Defendant to the subject
minor children is that of natural father.
6. The minor children have resided at the following
addresses, in the custody of the following individuals:
a) From March, 1990, until March, 1995,
_ the subject children resided with Plaintiff and Defendant, at
428 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania.
b) From March, 1995, until present - the subject
children, Christopher Freeman, and Sara Freeman have resided with
plaintiff at 4264 wertzville Road, Enola, Cumberland County,
pennsylvania.
c) From March, 1995, until present - the subject
child, John Freeman has resided with Defendant at 428 Bosner
Avenue, Lemoyne, Cumberland County, Pennsylvania.
7. There have been no prior actions for custody of the
subject minor children in this or any other jurisdiction.
B. The Plaintiff is not aware of the existence of any
other individuals who have any type of claim whatsoever regarding
the custody of the subject minor children.
9. The plaintiff believee, and therefore avers that
she is much better able to meet the needs of the subject minor
children than the Defendant.
..... 0'
~:~
,.:: :.~
l.Ur) c.-:
l-2CI .~. ~,~
H.' c.~. 1 ~.J
..,"
y,: In Ci
rr)'" i:.:':
"l": I
ftL:! (I.; ,ihl
l.J2 . '!r..
r.: l.L. ~
~1
I ! ~ ,- ..I
U 0" U
Exhibit A
BONNIE M. FREEMAN
PlJ\INTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERlJ\ND COUNTY, PENNSYLVANIA
V.
BRADY J. FREEMAN,
DEFENDANT
95.4632 CIVIL TERM
ORDER OF COURl
AND NOW, this 21st day of April, 1997, thIs matter having been called for a
hearing, and upon relation that Bonnie M. Freeman Is undergoing treatment In the
Holy Spirit Hospital emergency room, and over the objection of Bmdy J. Freeman, the
hearing IS CONTINUED until 1:30 p.m., Monday, June 2, 1997. At that hearing,
Bonnie M. Freeman shall produce written medical verification of the condition for
whIch she was treated In the emergency room thIs date. PendIng the hearing on
June 2, 1997, the followIng temporary order Is entered:
(1) The custody order entered on November 17, 1996, IS VACATED only with
respect to the child Sara Freeman and replaced with this temporary order.
(2) The primary physical custody of Sam Freeman, born January 23, 1990,
shall be with her father, Brady J. Freeman.
(3) The mother, Bonnie M. Freeman, shall have the partIes' three children
along wIth her son MIchael Lee Armour who Is living with Brady J. Freeman, every
other weekend on Saturday and Sunday but not overnIght unless the mother obtains
livIng arrangements so that there are adequate sleeping facilities for all of the
children.
BONNIE M. FREEMAN, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. NO. 95-4632 CIVIL TERM
.
.
BRADY J. FREEMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
PBTITION OF DBFBNDANT BRADY J. FRBEMAN
FOR MODIPICATION OF CUSTODY ORDER DATBD NOVEMBER 17. 1995
1. Defendant Brady J. Freeman presently resides at 428
Bosler Avenue, Lemoyne, pa., 17043.
2. It iG believed that plaintiff Bonnie M. Freeman presentlY
resides at 4264 wertzville Road, Enola, Cumberland county,
Pennsylvania, 17025.
3. On November 17, 1995, after a conciliation before Michael
L. Bangs, custody conciliator, this court entered an Order,
confirming an agreement between the parties, indicating that the
custody of Sara Freeman, D.O.B. January 23, 1990, would be shared
by the parties but that primary physical custody of Sara would
remain with her mother, the plaintiff. At the time the parties had
decided to reconcile and the order was entered to govern the
situation if the parties subsequently failed in their attempt to
reconcile. primary physical custody of the parties' two boys, John
and christopher, was placed with Defendant.
Attached hereto,
marked as Exhibit "A" and incorporated herein by reference is a
copy of said order.
4. The circumstances have changed and Defendant seeks to
modify the previous Order to have primary physical custody of Sara
placed with him.
5. The reasons for the requested modification are as
follows:
(a) On or about November 17, 1995, the parties reconciled and
at the same time entered into a written agreement
confirming the Custody Order of November 9, 1995. At the
time the agreement for custody was entered between the
parties, the parties were contemplating reconciliation.
(b) The parties reconciled and the Plaintiff returned to the
marital residence. In conjunction therewith the
Plaintiff discontinued her relationship with her
boyfriend.
(c) On November 9, 1996, Plaintiff left the marital home and
subsequently removed her possessions on November 22,
1996. She has indicated to Defendant that she is moving
several hours away to Berwick to live with her boyfriend.
She intends to take Sara with her.
(d) Plaintiff is unemployed.
(e) Plaintiff has exhibited a very unstable lifestyle prior
to the parties' reconciliation and since the recent
separation, it is believed that her boyfriend is an
alcoholic, and allowing Sara to remain with her mother
would have an adverse effect on her emotional well being.
(f) Defendant has custody of Sara's two brothers, John age 11
and Christopher age 9 and Defendant desires to keep all
siblings together.
(g) The Plaintiff suddenly and without warning, removed Sara
from the family home and announced to Defendant that she
was moving Sara several hours away to Berwick which
resulted and will result in breaking Sara's ties with her
siblings, her father, her neighborhood, her friends, and
her school.
(h) It is in the best interest of Sara that primary physical
custody be granted to her father.
-2-
Exhibit A
Bonnie M. Freeman,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-4632 CIVIL TERM
CUSTODY
Brady J. Freeman,
Defendant
CUSTODY ORDER
AND NOW, this ~~ day of June, 1997, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' children, John Freeman,
Christopher Freeman, and Sara Freeman, and of the plaintiff's son
Michael Armor:
1. The plaintiff, Bonnie M. Freeman, hereafter referred to
as the mother and the defendant, Brady J. Freeman, hereafter
referred to as the father, shall share legal custody of the
children.
2. The father shall have primary physical custody of the
children.
3. The mother shall have partial custody of the children,
according to the fOllowing schedule:
a. The schedule set forth in the temporary order of
April 21, 1997, shall continue until the mother gets
living arrangements with overnight accommodations for
the children;
b. After establishing accommodations pursuant to
paragraph 3(a), the mother shall have custody every
other weekend from Friday at 6:00 p.m. until Sunday at
6:00 p.m.; every other week on Wednesday evening from
6:00 p.m. to 8:00 p.m.; one evening on the alternate
weeks at a time to be agreed upon by the parties
conditioned on notification by or before the Sunday
evening, prior to the visit; and any other times to
which the parties may agree.
4. The mother shall have the parties' three children along
with her son, Michael Lee Armour, who is living with Brady J.
Freeman, according to the schedule set forth in this agreement
inclUding holidays and summers.
5. The father and mother shall alternate Christmas Eve
and Christmas Day each year, with one parent having the children
from Christmas Eve at noon until Christmas Day at noon, and the
other parent having the children from christmas Day at noon until
December 26 at noon. The mother and father shall share the
Christmas school holiday. r.,~"r S~l;l\ h(,V( +I\f.. -hl-l.t pt'1"1\J a-f
vBlb-l.'"", ik \'1'1'7.
6. The mother and father shall alternate the following
holidays: Memorial Day, the Fourth of July and Labor Day,
Thanksgiving, and Easter from 8:00 a.m. until 8:00 p.m., with the
father having Memorial Day in 1997.
7. The mother shall have the right to a period of custody
with the children on their birthdays at times agreed upon by the
mother and father.
q
cd
8. The mother and father shall share custody of the
children during their summer vacation from school on an
alternating weekly basis transferring custody on sunday evening.
Prior to the mother's getting housing with overnight
accommodations for the children, her periods of summer custody in
1997 shall not include overnights; f)1~tl...(.. s /'11// ~. ~.~ F7l tI" I'"
C'-' u'" b",{"",,( :fh~ (It-fer.!'''''1 Jl1lUrcl&~ '" h! f{... s/V.. Jk>'/I prd( IVy ,/1"
9. The mother and fauher shall have reasonable phone ('t,d~,.p..
t!1'",...~^(r'''
contact with the children. wit/lI iI..J
r(1lcl~'1 /~u('
J.,'1~ fl.,
10. The mother and father, by mutual agreement, may vary lJ,'1/ f(ll(
from this schedule at any time, but the order shall remain in ~~~~p'
effect until further order of court.
11. The mother and father agree that each shall notify the
other of all medical care the children receive while in that
parent's care. Each parent shall notify the other immediately of
medical emergencies which arise while the children are in that
parent's care.
12. The parties realize that their children's well being is
paramount to any differences they might have between themselves.
Therefore, they agree that neither party shall do anything which
may estrange the children from the other parent, or injure the
opinion of the children as to the other parent or which may
hamper the free and natural development of the children's love or
respect for the other parent.
Bonnie M. Freeman,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 95-4632 CIVIL TERM
Brady J. Freeman,
Defendant
CUSTODY
CONSENT
AGREEMENT
~~
day of June,
This Agreement is entered on this
1997, by the plaintiff, Bonnie M. Freeman and the defendant,
Brady J. Freeman. The plaintiff is represented by Joan carey of
Legal services, Inc.; the defendant is represented by Karl R.
Hildabrand of Metzger, Wickersham, Knauss, & Erb.
The defendant and the plaintiff agree to the entry of the
following custody Order regarding custody of their children, John
Freeman, Christopher Freeman, and Sara Freeman, and of the
plaintiff's son, Michael Armor:
1. The father and mother shall share legal custody of the
children.
2. The father shall have primary physical custody of the
children.
3. The mother shall have partial custody of the children,
according to the following schedule:
a. The schedule set forth in the temporary order of
April 21, 1997, shall continue until the mother gets
living arrangements with overnight accommodations for
the children;
13p-:k
bE.
b. After establishing accommodations pursuant to
paragraph 3(a), the mother shall have custody every
other weekend from Friday at 6:00 p.m. until Sunday at
6:00 p.m.; every other week on Wednesday evening from
6:00 p.m. to 8:00 p.m.; one evening on the alternate
weeks at a time to be agreed upon by the parties
conditioned on notification by or before the sunday
evening, prior to the visit; and any other times to
which the parties may agree.
4. The mother shall have the parties' three children along
with her son, Michael Lee Armour, who is living with Brady J.
Freeman, according to the schedule set forth in this agreement
including holidays and summers.
5. The father and mother shall alternate Christmas Eve
and Christmas Day each year, with one parent having the children
from Christmas Eve at noon until Christmas Day at noon, and the
other parent having the children from Christmas Day at noon until
December 26 at noon. The mother and father shall share the
christmas school holiday. FRoH,tV' ..rlv-II 1'IfA\i ~Iu first r""QJ ~
(/IS,: ~.{;1l'1 jl1 '''Itl1.
6. The mother and father shall alternate the following
holidays: Memorial Day, the Fourth of July and Labor Day,
Thanksgiving, and Easter from 8:00 a.m. until 8:00 p.m., with the
father having Memorial Day in 1997.
7. The mother shall have the right to a period of custody
with the children on their birthdays at times agreed upon by the
mother and father.
,~71
.-:
bnt-
8. The mother and father shall share custody of the
children during their summer vacation from school on an
alternating weekly basis transferring custody on sunday evening.
Prior to the mother's getting housing with overnight
accommodations for the children, her periods of summer custody in
1997 shall not include overnightsllYJ~ttr J/'lI(1 nllf;~ "Fc-.+Arr ~ 1; 0'- bp"~"
~/.. frl'c~JI"j ~'c..-N,JIIII whdkf,.. s~ 5hil1l pl't~"1 'f~ <1""1,,,,, ~"~""j I./'", ""..AI" ..,,,,(
9. The mother and father shall have reasonable phone .rfut'~ Jr.fif
dA~s sk H,'ll
contact with the children. q>,'(k fl,a>> "f'
10. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
11. The mother and father agree that each shall notify the
other of all medical care the children receive while in that
parent's care. Each parent shall notify the other immediately of
medical emergencies which arise while the children are in that
parent's care.
12. The parties realize that their children'S well being is
paramount to any differences they might have between themselves.
Therefore, they agree that neither party shall do anything which
may estrange the children from the other parent, or injure the
opinion of the children as to the other parent or which may