HomeMy WebLinkAbout95-06312
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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PLAINTIFF
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PARRISH TOM BRADHAM
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DEFENDANT
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DECREE IN
DIVORCE
ANDNOW~~..~...... 19..9.~, It Is ordered and
decreed that ........... ~~~~. ~~~t:l~~~ .J;!~~.~1!r:-~. .. . . .,. .. . . .., plaintiff,
and. .. .. .. . . ... . . . .. .. . .~~~~.1;f!J:I. :r.Ql1 .1l~.l\QJ:I~1'I. . . ... .. . . . . .., defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
NONE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
CARA ROGERS-BRADHAM
VI,
PARRISH BRADHAM
Plaintiff
No. 6312
Defendant
Civil
1995
It appearing that the Master's report in the above stated caee has been filed
for ten days. that no exceptions have been filed thereto, that the costs have been
fully paid and that all the requirements of law and Rules of Court have been met,
you are hereby directed to submit the said case to the Court of Common Pleas of
Cumberland County, Pa., at the next sitting thereof.
To
M l.,rlll'V fur 'Ia 11111 fr.
Certified Legal Intern
Lawrence E. Welker
Prothonotary
Dated November 19, 1996
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Common Pleas of C be
stated case. have all
lIaLl'n ~ Co & "'-
KATHERINE C. PEARSON
Supervising Attorney
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Prothonotary of the Court of
d County. do hereby certify that the costs in the above
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CARA J. ROGERS-BRADHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 95-6312 CIVIL TERM
V.
PARRISH T. BRADHAM,
Defendant
CERTIFICATE OF SERVICE
I, Lisa A. Mallory, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving a ltUe and correct copy of a Praecipe to Transfer and a Proposed Order of Court
granting the plaintiff a dlyorce on the grounds of indignities to the person under Section
3301(a)(6) of the Divorce Code on Parrish T. Bradham. residing at 16 Moss HI1I Lane,
Wlllingboro, New Jersey 08046, by first class United States mail, postage prepaid, the:z:!. day
of December, 1996.
rAl m A:-fY0/jmlJ
USA A. MALLORY
Certified Legal Intern
FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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CARl. J, ROGERS-BRADHAM,
Plaintitt
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 6312 CIVIL
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va,
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PARRISH T. BRADHAM,
Detendant
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: IN DIVORCE
MASTER'S REPORT
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proceedings held bet ore
E. Robert Elicker, II, Divorce Master
cumberland county Courthouse, 9
North Hanover street, Carlisle, pennsylvania
proceedings held on November 7, 1996,
commencing at 9:00 a.m.
APPEARANCES:
Katherine C. Pearson, supervising Attorney
Lisa A. Mallory, certified Legal Intern
The Family Law Clinic
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PROCEDURAL HISTORY
The Master, at the beginning of the hearing
scheduled for November 7, 1996, at 9:00 a.m., stated on the
record the background of the case prior to the testimony of the
attorney for the wife and the wife. The Master's opening
remarks are transcribed and included herein as a statement of
the procedural history which will be part of the record and part
of the Master's report. Also included is the testimony of Lisa
A. Mallory, certified legal intern regarding service of the
notice of the hearing.
(opening remarks transcribed from the hearing)
THE MASTER: Today is Thursday, November 7, 1996,
the date set for a Master's hearing in the Bradham case.
Present in the hearing room are the Plaintiff, Cara J.
Rogers-Bradham and her counsel from the Family Law Clinic,
Katherine C. Pearson and Lisa A. Mallory. Katherine Pearson is
a supervising attorney and I,isa Mallory is a certified legal
intern.
The divorce complaint in this action was filed on
November 2, 1995, raising grounds for divorce of irretrievable
breakdown of the marriage and indignities to the person. In the
file is a certificate of service which was filed on November 22,
1995, from the Family Law Clinic certifying that a true and
correct copy of the divorce complaint was served on the
Defendant at the Dauphin County prison, Harrisburg, Pennsylvania
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by personally handing a copy to him on November 22, 1995.
On August 14, 1996, the Master was appointed in
these proceedings. The Master, after reviewing the file,
scheduled a hearing for November 7, 1996, and sent a notice to
the parties and counsel for the plaintiff. The notice
epecifically indicated that the testimony would be limited to
grounds for divorce of indignities to the person. The service
of the order and notice setting the hearing will be addressed in
the pre-testimony remarks of the counsel for the plaintiff.
No economic issues have been raised in the action
and the Master has been informed that Mr. Bradham will not sign
an affidavit of consent. The Master has also been advised that
the parties were separated in May 1995 which would mean that the
plaintiff would have to wait under the code section 3301(d) to
file an affidavit in May of 1997 which would be the expiration
of a two year period of separation. The plaintiff has indicated
she wishes to proceed today on the grounds of indignities not
having to wait until the spring of 1997 to complete her divorce
proceedings. Therefore, we are going to take the testimony of
the plaintiff and any witnesses which she may present on the
grounds of indignities to the person.
Mr. Bradham has not appeared today in the Master's
office. At present it is 9:20 a.m. We have had no contact
from Mr. Bradham by telephone or mail indicating that he has any
intention of participating in the divorce action at this time.
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Th.r.fore, we will take the t.stimony of the Plaintiff and her
witn... or witn..... and prepare a r.port. Th. report will be
filed and notice of the filing of the r.port and a copy of the
report will be .ent to coun.el and the parti... The current
addre.. which w. have for Mr. Bradham, as not.d in the
c.rtificat. of service dated October 31, 1996, is 16 Mos. Hill
Lan., Willingboro, N.w Jersey 08075. It should be noted that
Lisa A. Mallory did attach a certificate of service to a report
which she has submitted in this action on behalf of the
Plaintiff which was served on the Defendant at the address above
stat.d by first class United states mail, postage prepaid, the
date of sending the report being October 31, 1996.
Ms. Mallory, would you be sworn?
Whereupon,
LISA A. MALLORY
having been called as a witness testified as follows:
DIRECT EXAMINATION
BY THE MASTER:
Q Ms. Mallory, would you state for the record the
method of service of the notice of the hearing for today on the
Defendant? I have previously noted that there is a certificate
of service in the file indicating how the divorce complaint was
served but we would ask you to address, for the record, how the
notice of today's hearing was served.
A The notice of today's hearing was sent to Mr.
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Bradham on, I guess, two occasions. One was sent to an address
that we obtained from the probation and parole department that
he moved to upon being released from prison. The letters never
came back to us.
The other letter of the notice of hearing was sent
to him at the 16 Moss Hill address in New Jersey. We also --
since he does call Cara periodically -- we did have her orally
tell the date, the time, and location of the hearing end the
purpose of the hearing.
Q She can testify about that communication?
A Yes.
FINDINGS OF FACT
1. The parties were married on August 17, 1991, in
Philadelphia, pennsylvania, and separated in May 1995.
2. This is the first marriage for both parties. A minor
child was born of the relationship, a daughter, who is 6
years of age, Shacara Rogers-Bradham. The child resides
with wife.
3. Wife is 31 years of age having been born on January 26,
1965. She resides at 2206 L Cedar Run Drive, Camp
Hill, cumberland county, Pennsylvania.
4. Husband is 34 years of age having been born on September
24, 1962. He resides at 16 Moss Hill Lane, Willingboro,
New Jersey.
5. Wife has been a resident of pennsylvania all of her life
except for approximately three months. She has lived in
cumberland county, pennsylvania, for the last two to
three years.
6. The divorce complaint was served personally on the
Defendant at the Dauphin county prison, Harrisburg,
Pennsylvania, on November 22, 1995. A certificate of
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service was filed by the Family Law clinic on the same
date. Notice of the Master's hearing was sent by the
Master to the Defendant at 16 Moss Hill Lane,
Willingboro, New Jersey, and no mail has been returned
from the postal service. Also, the plaintiff verbally
notified the Defendant during a telephone conversation
that the hearing before the Master was scheduled tor
November 7, 1996, at 9:00 a.m. and Plaintiff's counsel
sent notice by mail.
7. Wife is employed as a telemarketer for EDS corporation;
husband is unemployed. One child was born of the
relationship, Shacara, who resides with the mother.
wife does not receive any child support from husband
for the child.
8. Husband was mentally and physically abusive toward wife,
causing wife to have to relocate in order to try to avoid
husband.
9. Husband would engage in conduct on a continuing basis
where he would demand sex from wife and would become
physically abusive if she refused to act in a way husband
thought she should act. When husband became enraged he
would strike wife causing injury to her and would call
her abusive names such as bitch, whore, slut, fat, and
ugly.
10. On one occasion when wife refused to have sex with
husband he became verbally abusive becoming more enraged
and then struck wife on the face with such a force
causing her teeth to come through her skin on her jaw
requiring wife to seek out medical treatment.
11. Husband demanded sex from wife every night and if she
refused he would engage in name calling, cursing, and
on occasion physical abuse and would force himself on to
wife sexually.
12. Husband, on occasions, accused wife of having sexual
relationships with other men which wife denied; however,
husband would tell wife if she would not engage in sex
with him that he would go to another woman and wife saw
him on occasions, when she followed him, caressing and
making sexual advances toward other women.
13. Wife stated that husband abused drugs and that when he
used drugs his personality would change and he would
become abusive toward wife.
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14. Wife was frightened of husband and had to live her
life in such a manner when she was in his presence that
she would not do anything to upset him or anger him.
The tension was unbearable and wife had to remove herself
from the relationship in order to alleviate her stress
and her fear of physical abuse.
15 Following the separation, wife was not fearful and felt
better about herself and was able to conduct her life
without the stress of having husband around and having
the fear that he would abuse her.
16. Wife did not engage in any conduct which would cause
husband to react to her in the ways that she described
husband acted.
CONCLUSION OF LAW
Wife is an innocent and injured spouse and
husband's conduct toward wife was of such a continuous nature as
to make her life intolerable and burdensome.
DISCUSSION
The Master is satisfied that wife did not conduct
herself in such a way as to provoke husband's conduct toward her
and that she is an innocent and injured spouse. Husband's
conduct toward wife on the other hand, caused her unbearable
stress and anguish and made her fearful for herself and her
child.
The Master is satisfied that husband engaged in
physical contact with wife which resulted in injury to her
person, that he was verbally abusive toward wife calling her
degrading names and that he accused her, without cause, of
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havinq relationships with other men. Allor this conduct toward
wire by husband made her rearrul and caused her excessive stress
which resulted in her havinq to remove herselr rrom the marital
relationship. The conduct or husband toward wire was or such a
continuinq nature that under no circumstances could wire sustain
the marital relationship and, in fact, wire has made errorts by
movinq and relocating to avoid and terminate all contact with
husband.
RECOMMENDATION
wire is entitled to a divorce on qrounds or
indiqnities to the person under Section 3301(a) (6) or the
Domestic Relations Code.
Respectrully submitted,
[tUJti,.
E. Robert Elicker, II
Divorce Master
7
CARA J. ROOERS-BRADHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
PARRISH T. BRADHAM,
Defendant
.
: NO. 95- ~3/~ CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important t() you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR AUMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For infonnation 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 allend the scheduled conference or
hearing.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717/240-6200
.
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
CARA 1. ROOERS-BRADHAM,
Plaintiff
PARRISH T. BRADHAM,
Defendant
.
; NO. 95- (.3/J.. CIVIL TERM
~OMPLAINT UNDER 13 Pa.C.S. 1111 3301(0)(6'1. 3301(c) and 3301(dl OF THE
DIVORCE CODE
The plaintiff, Cara Rogers-Bradham, by her attorneys, the Family Law Clinic, sets
forth th.: following cause of action:
1. Plaintiff is Cara Rogers-Bradham, who currently resides at 2206 L Cedar Run
Drive, Camp HiI1, Cumberland County, Pennsylvania 17011.
2. Defendant is Parrish Bradham, a resident of Cumberland County, who currently
resides at Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17013.
3. Plaintiff has been a bona fide resident of Cumberland County and the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. Plaintiffand defendant were married on August 17, 1991 at Philadelphia.
5. Plaintiffand defendant have lived separate and apart since May 1995.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of
the Commonwealth of Pennsylvania, has offered such indignities to the person of the
.
plaintiff, his Injured and IMoccnt spouse. as to render the condition of the plaintiff
Intolerable, and life burdensome.
9. Plaintiff has been advised that counseling is available and that plaintiff or
defendant may have the right to request that the court require the parties 10 participate In
counseling.
WHEREFORE. plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
Date /~.r
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Artur Korniluk
Certified Legal Intern
/trm~1--
THOMAS M. PLACE
ROBERT E. RAINS
KATHERINE C. PEARSON
Supervising Attorney
GAIL R. SHEARER
Staff Attorney
FAMILY LAW CUNIC
45 North Pitt Street
Carlisle. PA 170\3
717/240-5204
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I verify that the statements made in this Divorce Complaint are true and correct to the
best of my personal knowledge and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. fi4904. relating to unsworn falsification to
authorities.
Date: / /ij~ G
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Cara Roge radham
Plaintiff
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V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN DIVORCE
CARA J. ROGERS-BRADHAM,
Plaintiff
PARRISH T. BRADHAM,
Defendant
NO. 95.~31.;t CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Cara J. Rogers-Bradham, Plaintiff, to proceed in fonna pauperis.
I, Artur Korniluk, of the Family Law Clinic, student attorney for the party proceeding
in fonna pauperis, certify that I believe the party is unable to pay the costs and that I am
providing free legal service to the party. The party's affidavit showing inability to pay the costs
of litigation is attached hereto.
Date: ~PJ
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Artur Korniluk
Certified Lcgallntern
thw/I-t-, Y--
ROBERT E. RAINS
THOMAS M. PLACE
KATHERINE C. PEARSON
Supervising Attorney
GAIL R. SHEARER
Staff Attorney
THE FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: 243-3639
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 95- CIVIL TERM
CARA J. ROGERS-BRADHAM,
Plaintiff
PARRISH T. BRADHAM,
Defendant
1. I am the plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a)
(b)
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AFFIDAVIT SUPPORTING PETITION FOR LEAVE
TO PROCEED INFORMA PAUPERIS
(c)
Name: Cara J. Rogers-Bradham
Address: 2206 L Cedar Run Drive, Camp Hm, PA 17011
Social Security No.: 189-54-5335
Employment
If you are presently employed, state Unemployed
Employer: N/A
Address: N/A
Salary or wages per month: NI A
Type of work: NI A
If you are presently unemployed, state Unemployed
Date of last employment: January 1990
Salary or wages per month: $10 per hour
Type of work: Candy Packer
Other income within the past twelve months None
Business or profession: Student
Other self-employment: None
Interest: None
Dividends: None
Pension and annuities: None
Social security benefits: None
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Support payments: None
Disability payments: None
Unemployment compensation and supplemental benefits: None
Workman's compensation: None
Public Assistance: $316.00 per month
Other: rood stamps: $212.00 per month
(d) Other contributions to household support None
(Wlfe)(Husband) Name:
If your (wlfe)(husband) Is employed, state No
Employer: NtA
Salary or wages per month: Nt A
Type of work: NtA
Contributions from children: None
Contributions from parents: None
Other contributions: None
(e) Property owned
Cash: None
Checking account: $5.00
Savings account: $5.00
Certificates of deposit: None
Real estate (Including home): None
Motor vehicle: Make, Year 1982 Oldsmobile Delta 88
Cost , Amount Owed $ 0
Stocks; bonds: None
Other: None
(t) Debts and obligations
Mortgage: 0
Rent: $29.00 per month
Loans: None
Other: electric: $ 40.00 per month
gas: $ 40.00 per month
telephone: $ 40.00 per month
gas for car: $ 50.00 per month
clothes: $100.00 per month
rood: $212.00 per month
(g) Persons dependent upon you for support
(Wlfe)(Husband) Name: None
Children, If any:
Name: Shacara Rogers-Bradham Age: 5
Other persons: None
Name: NtA
Relationship: NtA
4. I understand that I have a continuing obligation to inform the court of
Improvement In my financial circumstances which would permit me to pay the
costs Incurred herein.
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5. I verify that the statements made In this affidavit arc tnIe and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 14904. relating to unsworn falsification to authorities.
Date~
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CARA J. ROGERS-BRADHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
: IN DIVORCE
PARRISH BRADHAM,
Defendant,
: NO. 95-6312 CIVIL TERM
CERTIFICATE OF SERVICE
I, Artur Korniluk, Certified Legal Intern, Family Law Clinic, hereby certify that I served
a true and correct copy of the Divorce Complaint on Parrish T. Bradham, alias Parrish Perry,
currently incarcerated at Dauphin County Prison, Harrisburg, Pennsylvania, by personally
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Artur Korniluk
Certified Legal Intern
THE FAMILY LAW CUNIC
45 North Pill Street
Carlisle, PA 17013
(717) 243-2968
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CARA J. ROGERS-BRADHAM,
Plaintiff
va.
I IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 6312 CIVIL
.
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PARRISH T. BRADHAM,
Defendant,
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.
: IN DIVORCE
Notice of Filina Master's ReDort
The report of the Master has been filed this
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
r /( L,d. ftc ;.d<;;t>
Date: 11/8/96
E. Robert Elicker, II
Divorce Master
Note: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should notify
the court reporter in the Master's office so arrangements
can be made for a transcript. Upon completion of the
transcript and receipt of payment the entire file will be
returned to the prothonotary's office for transmittal to
the Court at time of arguMent on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations and
provide a proposed order of Court to the Master.
.
.
counsel shall also prepare and provide with the proposed
order of Court a praecipe. to the Prothonotary directing
the prothonotary to submit the case to the Court for
final disposition. The Master will then transfer the
file with the proposed order of Court and praecipe to the
Prothonotary's Office for docketing and transmittal by
the Prothonotary to the Court.
. Form available in the Prothonotary's Office and the
Master's Office. (H2t the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
'1' .,
CARA J. ROGERS-BRADHAM. : IN THB COURT OF COMMON PLEAS OF
Plaintiff. : CUMBBRLAND COUNTY. PBNNSYLVANIA
v.
.
.
: CIVIL ACTION . LAW
: IN DIVORCE
pARRISH T. BRADHAM.
Defendant.
.
: NO. 95-6312 CIVIL TERM
AND NOW.
ORDER APpOINTING MASTER
~ ~r{3!A( (<t'..v-
~ ~')t rr. 1996, f,? " . Esquire. Is appointed
master with respect to the following claims: divorce.
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9GAUG 14 PH 2: ~8
CU'W.il~Ri.A\I';; CCUNlY
PENNSYlVANIA
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CARA J. ROGERS-BRADHAM,
Plaintiff
v.
PARRISH T. BRADHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW IN DIVORCE
NO. 95-6312
MOTION FOR APPOINTMENT OF MASTER
Cara Rogers, Plaintiff, by and through her attorneys, the Family Law Clinic, moves
the court to appoint a master with respect to the following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
and In support of the motion states:
()
()
()
()
Distribution of Property
Support
Counsel Fees
Costs and Expenses
1. Discovery is complete as to the claim for which the appointment of a master is
requested .
2. The defendant has not appeared in the action.
3. The statutory ground for divorce is 3301(a)(6).
4. The action should be considered contested because defendant has declined to
sign a consent.
S. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 1-2 hours.
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7. Additional information, if any, relevant to the motion: attempts have been
made to try and obtain consent from the defendant; the parties have not been separated two
years to allow a divorce to be granted pursuant to fi 330I(d)(l)(i).
Date ~ I CA /q is,
~s~
SHANNON S. PlERGAL 1
Certified Legal Intern
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THOMAS M. PLACE
ROBERT E. RAINS
KATHERINE C. PEARSON
Supervising Attorney
GAIL R. SHEARER
Staff Attorney
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FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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CARA J. ROGERS-BRADHAM, : IN THE COURT OF COMMON PLEAS OP
PIalntiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: CIVIL ACTION - LAW
: IN DIVORCB
pAlUUSlI T. BRADHAM,
Defendant,
.
.
: NO. 95-6312 CIVIL TERM
CERTIFICATE OF SERVICE
I, Shannon S. Piergalllni, Certified Legal Intern, Family Law ClInic, hereby certify that
I am serving a true and correct copy of Motion for Appointment of Master on Parrish T.
B(ildhaiii~ reSiding at 221 Elm Street, Camden, NJ 08102, by depositing a copy of the same In
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,the United States first class mail this 9th clay of July, 1996.
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;: Shannon S. Piergallini \
,., Certified Legal Intern
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THE PAMlLY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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CARA J. ROGERS-BRADHAM,
Plaintiff
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLV ANIA
v.
PARRISH T. BRADHAM,
Defendant
CIVIL ACTION- LAW IN DIVORCE
NO. 95-6312
PLAINTIFF'S REPORT FOR DIVORCE MASTER'S HEARING
AND NOW, comes the Plaintiff, Cara Rogers-Bradham, by her attorney, The Family
Law Clinic, and presents this report as follows. The statutory ground for divorce in this
mallCr is 23 Pa.C.S.A fi 3301(a)(6). The sole issue at this hearing is the indignities suffered
by Plaintiff during her marriage to the Defendant. The following information relates to that
claim:
1. MARRIAGE:
The parties were married on August 17, 1991 in Philadelphia, Pennsylvania.
Plaintiff, Cara Rogers-Bradham resides at 2206 L Cedar Run Drive, Camp Hill,
Pennsylvania 17011. Plaintiff is 31 years old and is employed as a telemarketer. The
Defendant Parrish Bradham is 34 years old. One child was born of the marriage. That child
is Sbacara Rogers-Bradham, age 6, and she resides with Plaintiff at 2206 L Cedar Run
Drive, Camp Hill, Pennsylvania 17011.
2. INDIGNITIES - ABUSIVE LANGUAGE. PHYSICAL ABUSE. AND
INFIDELITY:
There has been a pallCrn of conduct during the marriage in which the Defendant
becomes abusive if the Plaintiff denies his request for sex. Ocnerally, if the Defendant
initiates sexual relations, and the Plaintiff does not consent. the Defendant becomes angry
and begins to verbally abuse the Plaintiff by cursing at her and using vile names toward her.
He repeatedly, falsely accuses her of having affairs. In addition to verbal abuse Defendant
has resorted to physical violence, including forcing the Plaintiff to submit to sex against her
will; cohabitating with other women; and continually harassing and tormenting the Plaintiff to
force her to comply with his sexual and nonsexual demands.
3. WITNESSES:
Plaintiff Cara Rogers-Bradham
.
~
4. EXHmlTS:
Plaintiff does not Intend to offer any exhibits.
.
5. SETTLEMENT NEGOTIATIONSI
Defendant has declined to consent to the divorce on the arounda or 23 PI.C.S. I
3301(c).
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USA A. MALLORY
Certified Lcaallntem
.~~. C./lA.-..-
KATHERINE C. PEARSON
Supervising Attorney
FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
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USA A. MALLOR
Certified Legal Intern
V.
PARRISH T. BRADHAM,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 95-6312 CIVIL TERM
CARA J. ROGERS-BRADHAM,
Plaintiff
CERTIFICATE OF SERVICE
I, Usa A. Mallory. Certified Legal Intern, Family Law Clinic, hereby certify that I am
scrvlng a true and correct copy of Plaintiffs Report for Divorce Master's Hearing on Parrish
T. Bradham, residing at 16 Moss Hill Lane, Willingboro, N.J. 08075, by f11'St class United
States mail, postage prepaid, the 3k:t day of Ctkbfl /] , 1996.
FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243.2968
Fax: (717) 243-3639
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CARA J. ROGERS-BRADHAM, . 1N THE COURT OF COMMON PLEAS OF
Plaintiff .
: CUMBERLAND COUNTY, PENNSYLVANIA
I
CIVIL ACTION - LAW
.
.
VB. . NO. 6312 CIVIL 1995
.
PARRISH T. BRADHAM, .
.
Defendant : IN DIVORCE
STATUS SHEET
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ACTIVITIES:
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for Novambar 7. 1996. 9100 a.m.
A
CARA J. ROGERS-BRADHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. . CIVIL ACTION - LAW
.
. NO. 6312 CIVIL 1995
.
PARRISH T. BRADHAM, .
.
Defendant IN DIVORCE
ORDBR AND NOTICB SETTING HBARING
To: Cara J. Rogers-Bradham
Katherine C. Pearson
Parrish T. Bradham
, Plaintiff
, Counsel for Plaintiff
, Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 7th
day of November , 1996, at 9:00 a.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
By the Court,
~ CJA..o...f \::: .
Harold E. Sheely,
Judge
Date of Order and
Notice: 8/16/96
By:
Divorce Master
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.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
* Testimony will be limited to
grounds for divorce of indignities to the person.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C; 0.0
NO. 95 - 6312 CIVIL S U'
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The report of the Master has been filed this date
CARA J. ROGERS-BRADHAM,
plaintiff
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PARRISH T. BRADHAM,
Defendant,
IN DIVORCE
Notice of Filina Master's ReDort
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
[f(ot;ffbJw
Date: 11/8/96
E. Robert Elicker, II
Divorce Master
Note: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should notify
the court reporter in the Master's office so arrangements
can be made for a transcript. Upon completion of the
transcript and receipt of payment the entire file will be
returned to the prothonotary's office for transmittal to
the Court at time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations and
provide a proposed order of Court to the Master.
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.
Counsel shall also prepare and provide with the proposed
order of Court a praecipe. to the Prothonotary directing
the Prothonotary to submit the case to the Court for
final disposition. The Master will then transfer the
file with the proposed order of Court and praecipe to the
Prothonotary's Office for docketing and transmittal by
the Prothonotary to the Court.
. Form available in the prothonotary's Office and the
Master's Office. (H2t the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
A
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CARl. J. ROGERS-BRADHAM,
Plaintiff
: IN THB COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 95 - 6312 CIVIL
:
:
: IN DIVORCB
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PARRISH T. BRADHAM,
Defendant
MASTER'S REPORT
Proceedings held before
B. Robert Elicker, II, Divorce Master
cumberland County Courthouse, 9
North Hanover street, Carlisle, Pennsylvania
proceedings held on November 7, 1996,
commencing at 9:00 a.m.
APPEARANCES:
Katherine C. Pearson, Supervi~ing Attorney
Lisa A. Mallory, certified Legal Intern
The Family Law Clinic
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PROCEDURAL HISTORY
The Master, at the beginning of the hearing
scheduled for November 7, 1996, at 9:00 a.m., stated on the
record the background of the case prior to the testimony of the
attorney for the wife and the wife. The Master's opening
remarks are transcribed and included herein as a statement of
the procedural history which will be part of the record and part
of the Master's report. Also included is the testimony of Lisa
A. Mallory, certified legal intern regarding service of the
notice of the hearing.
(Opening remarks transcribed from the hearing)
THE MASTER: Today is Thursday, November 7, 1996,
the date set for a Master's hearing in the Bradham case.
Present in the hearing room are the plaintiff, Cara J.
Rogers-Bradham and her counsel from the Family Law Clinic,
Katherine C. Pearson and Lisa A. Mallory. Katherine Pearson is
a supervising attorney and Lisa Mallory is a certified legal
intern.
The divorce complaint in this action was filed on
November 2, 1995, raising grounds for divorce of irretrievable
breakdown of the marriage and indignities to the person. In the
file is a certificate of service which was filed on November 22,
1995, from the Family Law Clinic certifying that a true and
correct copy of the divorce complaint was served on the
Defendant at the Dauphin County Prison, HarriSburg, Pennsylvania
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by personally handing a copy to him on November 22, 1995.
On August 14, 1996, the Master was appointed in
these proceedings. The Master, after reviewing the file,
scheduled a hearing for November 7, 1996, and sent a notice to
the parties and counsel for the plaintiff. The notice
specificallY indicated that the testimony would be limited to
grounds for divorce of indignities to the person. The service
of the order and notice setting the hearing will be addressed in
the pre-testimony remarks of the counsel for the plaintiff.
No economic issues have been raised in the action
and the Master has been informed that Mr. Bradham will not sign
an affidavit of consent. The Master has also been advised that
the parties were separated in May 1995 which would mean that the
plaintiff would have to wait under the code section 3301(d) to
file an affidavit in May of 1997 which would be the expiration
of a two year period of separation. The plaintiff has indicated
she wishes to proceed today on the grounds of indignities not
having to wait until the spring of 1997 to complete her divorce
proceedings. Therefore, we are going to take the testimony of
the plaintiff and any witnesses which she may present on the
grounds of indignities to the person.
Mr. Bradham has not appeared today in the Master's
office. At present it is 9:20 a.m. We have had no contact
from Mr. Bradham by telephone or mail indicating that he has any
intention of participating in the divorce action at this time.
2
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Th.refore, w. will take the testimony of the Plaintiff and her
witn... or witn....s and prepare a report. The report will be
filed and notice of the filing of the report and a copy of the
report will be .ent to counsel and the parties. The current
address which we have for Mr. Bradham, as noted in the
c.rtificate of service dated October 31, 1996, is 16 Moss Hill
Lane, Willingboro, New Jersey 08075. It should be noted that
Lisa A. Mallory did attach a certificate of service to a report
which she has submitted in this action on behalf of the
Plaintiff which was served on the Defendant at the address above
stated by first class United states mail, postage prepaid, the
date of sending the report being October 31, 1996.
Ms. Mallory, would you be sworn?
Whereupon,
LISA A. MALLORY
having been called as a witness testified as follows:
DIRECT EXAMINATION
BY THE MASTER:
Q Ms. Mallory, would you state for the record the
method of service of the notice of the hearing for today on the
Defendant? I have previously noted that there is a certificate
of service in the file indicating how the divorce complaint was
served but we would ask you to address, for the record, how the
notice of today's hearing was served.
A The notice of today's hearing was sent to Mr.
3
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Bradham on, I guess, two occasions. One was .ent to an address
that we obtained from the probation and parole department that
he moved to upon being released from prison. The letter. never
came back to us.
The other letter of the notice of hearing was sent
to him at the 16 Moss Hill address in New Jersey. We also
since he does call Cara periodicallY -- we did have her orally
tell the date, the time, and location of the hearing and the
purpose of the hearing.
Q She can testify about that communication?
A Yes.
FINDINGS OF FACT
1. The parties were married on August 17, 1991, in
Philadelphia, pennsylvania, and separated in May 1995.
2. This is the first marriage for both parties. A minor
child was born of the relationship, a daughter, who is 6
years of age, Shacara Rogers-Bradham. The child resides
with wife.
3. wife is 31 years of age having been born on January 26,
1965. She resides at 2206 L Cedar Run Drive, camp
Hill, Cumberland county, Pennsylvania.
4. Husband is 34 years of age having been born on September
24, 1962. He resides at 16 Moss Hill Lane, Willingboro,
New Jersey.
5. Wife has been a resident of pennsylvania all of her life
except for approximately three months. She has lived in
CUmberland county, Pennsylvania, for the last two to
three years.
6. The divorce complaint was served personally on the
Defendant at the Dauphin county Prison, Harrisburg,
Pennsylvania, on November 22, 1995. A certificate of
4
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service was filed by the Family Law Clinic on the same
date. Notice of the Master's hearing was sent by the
Master to the Defendant at 16 Moss Hill Lane,
Willingboro, New Jersey, and no mail has been returned
from the postal service. Also, the Plaintiff verbally
notified the Defendant during a telephone conversation
that the hearing before the Master was scheduled for
November 7, 1996, at 9:00 a.m. and Plaintiff's counsel
sent notice by mail.
Wife is employed as a telemarketer for EDS Corporation;
husband is unemployed. One child was born of the
relationship, Shacara, who resides with the mother.
Wife does not receive any child support from husband
for the child.
Husband was mentally and physically abusive toward wife,
causing wife to have to relocate in order to try to avoid
husband.
Husband would engage in conduct on a continuing basis
where he would demand sex from wife and would become
physically abusive if she refused to act in a way husband
thought she should act. When husband became enraged he
would strike wife causing injury to her and would call
her abusive names such as bitch, whore, slut, fat, and
ugly.
On one occasion when wife refused to have sex with
husband he became verbally abusive becoming more enraged
and then struck wife on the face with such a force
causing her teeth to come through her skin on her jaw
requiring wife to seek out medical treatment.
Husband demanded sex from wife every night and if she
refused he would engage in name calling, cursing, and
on occasion physical abuse and would force himself on to
wife sexually.
Husband, on occasions, accused wife of having sexual
relationships with other men which wife denied; however,
husband would tell wife if she would not engage in sex
with him that he would go to another woman and wife saw
him on occasions, when she followed him, caressing and
making sexual advances toward other women.
Wife stated that husband abused drugs and that when he
used drugs his personality would change and he would
become abusive toward wife.
5
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14. wife was frightened of husband and had to live her
life in such a manner when she was in his presence that
she would not do anything to upset him or anger him.
The tension was unbearable and wife had to remove herself
from the relationship in order to alleviate her stres.
and her fear of physical abuse.
15 Following the separation, wife was not fearful and felt
better about herself and was able to conduct her life
without the stress of having husband around and having
the fear that he would abuse her.
16. Wife did not engage in any conduct which would cause
husband to react to her in the ways that she described
husband acted.
CONCLUSION OF LAW
Wife is an innocent and injured spouse and
husband's conduct toward wife was of such a continuous nature as
to make her life intolerable and burdensome.
DISCUSSION
The Master is satisfied that wife did not conduct
herself in such a way as to provoke husband's conduct toward her
and that she is an innocent and injured spouse. Husband's
conduct toward wife on the other hand, caused her unbearable
stress and anguish and made her fearful for herself and her
child.
The Master is satisfied that husband engaged in
physical contact with wife which resulted in injury to her
person, that he was verbally abusive toward wife calling her
degrading names and that he accused her, without cause, of
6
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having relationships with other men. All of this conduct toward
wife by husband made her fearful and caused her excessive stress
which resulted in her having to remove herself from the marital
relationship. The conduct of husband toward wife was of such a
continuing nature that under no circumstances could wife sustain
the marital relationship and, in fact, wife has made efforts by
moving and relocating to avoid and terminate all contact with
husband.
RECOMMENDATION
Wife is entitled to a divorce on grounds of
indignities to the person under section 3301(a) (6) of the
Domestic Relations Code.
Respectfully submitted,
~a;L.-1
E. Robert Elicker, II
Divorce Kaster
7