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HomeMy WebLinkAbout96-06031 .J . -,s ~ '~ ~ ~ " ~ :" . ~ .. - IIr) o '-S ~ a- . ~ I) , PAULA J. SCHELL, Plaintiff , , ~fJ v I IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAff I INOI 96 6031 I IN CUSTODY ROCKFORD R. BRODIE, Defendant Prior Judgel George E. Hoffer I.. Iv) COURT ORDER AND NOff, this ~ day of March, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows I 1. The prior orders in this case, of June 14, 1993, issued by the Franklin County Court and November 1, 1996, issued by the Cumberland County Court, are vacated. 2. The Mother, Paula J. Schell, and the Father, Rockford R. Brodie, shall enjoy shared legal custody of Amber R. Brodie, born August 23, 1985. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody at such times as agreed with the Mother and under such circumstances as agreed to by the Mother. In approving Father's periods of temporary custody, Mother may put restrictions on the Father with respect to his drinking or his taking the child to establ1sJunents that serve alcoholic beverages. 5. It is noted that this Order is entered pursuant to the attached Custody Conciliation Report and that the Father did not attend the Custody Conciliation Conference. In the event the Father is dissatisfied with this Order or desires to modify the Order any point in the future, Father may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. At any such conference, Father . PAULA J. SCHELL, Plaintiff v 'IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , 'CIVIL ACTION - LAW , 'NO, 96 6031 'IN CUSTODY ROCKFORD R. BRODIE, Defendant Prior Judge, George E. Hoffer CONCILIATION CONFlCRENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF P~OCEDURE 1915.3-8(bj, the undersigned Custody Conciliator submi~s the following report' 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber R. Brodie, born August 23, 1985. 2. A Conciliation Conference was held on February 28, 1997, with the following individu~ls in attendance: The Mother, Paula J. Schell, with her counsel, Jan Turpening, of Legal Services. The Father did not attend. The Father received written notice from the Conciliator's office concerning the scheduling of tile Conference. The Mother and Ms. Turpening indicated that both of them had spoken with the Father and that he had acknowledged that he was aware of the Conciliation Confer~nce. 3. There was a 1993 Order from Franklin County which gave the Father primary physical custody of the minor child. However, the Father delivered the minor child to the primary custody of the Mother in 1994. The Franklin County Order was never changed. The Mother has been living in Cumberland County since 1994 with the minor child. By Order of November 1, 1996, the Cumberland County Court issued a temporary Custody Order on a Petition for Sp"~{al Relief whereby the Mother was granted primary physical custody of the minor child. 4. The Conciliator recommends an order in the form as atta~hed. Jbl97 DATE C)6f'(J \ . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96U.l,;lcIVIL TERM Paula J. Schell, Plaintiff Rockford R. Brodie, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \1lA.\>i'r-t ~\(c..y (~, the conciliator, at ~10( {....m!,. {o. {u...rl holti',. on the ~ day of ~ )<I'.....,1'f , 19,J, at 9: 5vll .m., for a pre-Hearing Custody Conference. At such conferenco, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, 'E-!.~. -;:tIP / YOU SHOULD 'l'AKE 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Fit 1:1) .O::nCE r~ "': ~ r' . ".....,j'yr.n\I .." " ... '..-I'.il ~(j 1'0'/ - u Pi! 3: ~n l~ \_:. '.' . I .: I l-L:;,;:": tL:.':"j J/\ /1'&' t)~ Ilk .9(,. II-/; .'It W t.9fj 1~(~,1 "t/ ~..J &W(~-, 'l1t>!1;.., ,?I'a.:..t//;Z ~p . 11, T: '!Jh ';i4t/........ 'II .JJd:.~ --M ,; , I' ... Paula J. schell, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 _G-t,../CIVIL TERM Rockford R. Brodie, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Paula J. Schell ("mother"), residing at 102 west High street, Carlisle, cumberland county, pennsylvania 17013. 2. The defendant is Rockford R. Brodie ("father"), residing at 6099 Lincoln Way west, st. Thomas, Chambersburg, Franklin County, pennsylvania 17252. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Amber R. Brodie 237 Lincoln Street 11 Carlisle, PA 17013 The child was born out of wedlock. The child is presently in the custody of Paula J. Schell, who resides at 102 west High street, Carlisle, cumD~Tland County, Pennsylvania. During the last five years the child has resided with the following persons and at the following addresses: Name Address Date plaintiff and Megan Henry (sister) plaintiff, Dennis Schell, Jr. (husband) 102 W. High st. carlisle PA 17013 9/96 to present 237 Lincoln st. Carlisle PA 17013 9/96 to 5/96 Derick Schell (stepson) Mason Schell (stepson) , Megan Henry plaintiff , Megan Henry 236 N. Baltimore Ave. Apt. 6 Mt. Holly springs PA 17065 5/94 to 5/96 5/93 to 5/94 Defendant, Bill Brodie 115 Gumrun Lane (nephew), Don Perry Shippensburg PA 17257 (friend), Vicki Marzullo (Defendant's girlfriend) plaintiff, Megan Henry 18135 West Sannettsburg Rd 1991 to 5/93 Sannettsburg, PA The mother of the child is Paula J. Schell, currently residing at 237 Lincoln street, Carlisle, cumberland County, Carlisle, Pennsylvania. She is married. The father of the child is Rockford R. Brodie, currently residing at 6099 Lincoln Way west, st. Thomas, Chambersburg, Franklin County, Pennsylvania 17252. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Daughter Daughter Amber Brodie Megan Henry 5. The relationship of defendant to the child is that of father. The father currently resides with the following persons: Name Relationship Clifford Brodie Jeesica Brodie Angel cheyanne Bellamy Bill John J.T. Brodie Denise Brother Niece Niece'e child Niece's child Jessica's boyfriend Father's friend Father's friend Nephew Nephew's girlfriend 6. The mother has participated in litigation concerning the custody of the child in the Court of Common Pleas of Franklin county. See attached Exhibit A, Order of Court, No. 1990-714, dated June 14, 1993, incorporated herein by reference. 7. The mother has no information of a custody proceeding concerning the child pending in a court of this commonwealth or any other court. 8. The mother 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 for reasons including but not limted to the following: a. The mother has had primary physical custody of the child since May 1994. b. The child has attended school in Cumberland County since 1994, and she is currently enrolled in Lamberton Middle School where she is well adjusted. The child would be required to change schools if the petition is not granted, and it is not in the hcild's best interest to be uprooted. c. Removal of the child from the mother's care would interefere with the child's relationship with her half- sister Megan, with whom she has lived since May 1994. 10. It is not in the child's best int~rests to enforce the prior custody order, dated June 14, 1993, for reasons including, but not limited, to the following: a. Since the father's relinquishment of custody to the mother in May 1994, his contact with the child has been infrequent. b. When the child is with the father, she is often left with other people, taken to inappropriate places, not supervised, and not cared for properly. c. The father has hidden the child from the mother on several occasions when the mother attempted to enforce the existing custody Order dated June 14, 1993. The father once took the child to Maryland for a week without the mother's consent and refused to tell the mother the child'S whereabouts. d. On several occasions, wh~n the mother attempted to begin support proceedings against the father on behalf of the child, the father has removed the child from the mother's care and not returned the child until the support order was dropped. e. During the mother's most recent attempt to file for support, the father has again threatened to remove the child from the mother's care. This has disrupted the child's life, causing her to miss two days of school. The mother fears that the father will hide the child from her again and that he may even travel ~ \ll - t:: ~ .. "")~ UIQ -" , _I '_~ ~t; ..J ~.( 'i- u.. ~ ~~ 1-' c. . . of, Eall; _I, ~~., ...... 0:: I' ::... 'li,) ~. t: 'Ll. 1"= ::j II.. .0 0 0' r,.) v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.(,031 CIVIL TERM CUSTODY Paula J. Schell, Plaintiff Rockford R. Brodie, Defendant AND NOW, this day of November, 1996, upon consideration of the Petition for special Relief, primary custody is granted to the plaintiff, Paula Schell, subject to partial custody in the defendant, Rockford Brodie, every other weekend from Saturday at noon until sunday at 6:00 p.m. This Order remains in effect pending further Order of Court. The defendant shall not remove the child from this Court's jurisdiction pending further Order of Court. By the ourt, , J. FILED-OFFICE 0:: T' .,. 1':'~''':'i~IOT~RY SJ I'nV -I 1'111,: 2S , I Ipl \Gt., S)\Ile.0 -\0 L,6. ~...( C~'ll1 t.J l ,J. . II. (, If' ~ IJ~ .+v CuI.'." '," .. 1,"'1 ....... .,.. .." \ " "'11 ~H INl,YlWNC,' , .J, Paula J. Schell, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 .{,o3/ CIVIL TERM CUSTODY Rockford R. Brodie, Defendant PETITION FOR SPECIAL RELIEF The petitioner by and through her attorney, Joan carey, L9gal services, Inc., represents the following: 1. The plaintiff, Paula J. Schell, hereinafter referred to as the mother, resides at 102 West High street, Carlisle, cumberland County, Pennsylvania 17013. 2. The defendant, Rockford R. Brodie, hereinafter referred to as the father, resides at 6099 Lincoln Way West, st. Thomas, Chambersburg, Franklin county, pennsylvania 17252. 3. The parties are the parents of Amber Renee Brodie. 4. A prior custody Order was entered on June 14, 1993, in the Court of Common Pleas of Franklin county, No. 1990-714. See attached Exhibit A for a true and complete copy from the record. 4. On November 1, 1996, a complaint for custody was filed in the above-captioned matter by the plaintiff, and a conciliation conference will be scheduled. 5. Since May of 1994, the mother has resided in Cumberland county with the child Amber Renee Brodie and her sibling. 6. Since May 1994, the mother has established contacts with the child in cumberland county including the following: a. The child has attended schools in cumberland County and is currently enrolled in Lamberton Middle School where she is involved in sports and other school activities. b. The child's doctor is in Cumberland County. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for r.easons including but not limted to the following: a. The mother has had primary physical custody of the child since May 1994. b. The child is currently enrolled in Lamberton Middle School where she is well adjusted. The child would be required to change schools if the petition is not granted. c. Removal of the child from the mother's care would interefere with the child's relationship with her half-sister Megan, wth whom she has lived since May 1994. B. It is not in the child's best interests to enforce the prior custody Order, dated June 14, 1993 for reasons including but not limited to the following: a. Since the father's relinquishment of custody to the mother in May 1994, his contact with the child has been infrequent. b. When the child is with the father, she is often left with other people, taken to inappropriate places, not supervised, and not cared for properly. c. The father has hidden the child from the mother on several occasions when the mother attempted to enforce the existing custody Order dated June 14, 1993. The father once took the support order is dropped. e. During the mother's most recent attempt to file for support, the father has ~gain threatened to remove the child from the mother's care. This has disrupted the child's life, causing her to miss two days of school. . The mother fears that the father will hide the child from her again and that he may even travel across state lines, which he has done in the past. WHEREFORE, the plaintiff r.equests that this court enter a Temporary Order granting immediate primary physical custody of the child to the plaintiff subject to partial custody in the defendant until further order of Court. The plaintiff further requests any other relief which is just and proper. the child to Maryland for a week without the mother's consent and refused to tell the mother the child's whereabouts. d. When the mother attempted to begin support proceedings against the father on behalf of the child, the father has removed the child from thu mother's care and not returned the child until Respectfully submitted, n @ / .!P"";:ou ~Ah , '3,/ 6{oan carey Attorney for Plaint f LEGAL SERVICES, INC. a Irvine Row Carlisle, Ph 17013 (717) 243-9400 PATTERSON, KAMINSKI, KELLER lie KIERSZ ATTO"NIVI AND COuN.aLO". AT ~w II' ."1' "'AIN IT"IIT WAYN."O"n, '14. .,~.. - - IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Paula J. McMullen, plaintiff, Civil Action - Law va. 2' F.R. 1990 - 'A4 ..~ P c:.=- Rockford R. Brodie, Defendant custody ~, in custody, ORDER OF COURl' 19~ thia order will notify ord R. Brodie, Defendant, that you have been sued in CO partial custody or visitation custody of Amber Renee Brodie. It is ordered that the parties, including the Defendant, Rockford R. Brodie, are required to appear in person at the assiqned COurt RoClll, Franklin county Courthouse, Chambersburq, Pemsylvania at Q .' ?>C:- o'clock Q:..M. on ~h, t III ~~. I qq.1. for a hearing. It is further ordered that tho child is required to be brought to the hearing. In the meantime, it is ordered that the parties shall meet with the Court's Child custody Mediation Officer, Eugene H. stecher, M. Div., M.A., on ~219q,.4. at /: 3D o'clock E....M. at his office, located at 82 North Second street, Chambersburg, pennsylvania, for a conference to determine whether the issues can be rosolved by mediation without a hearing. It such resolution is not possible, the Officer shall submit a report to the court, in writing, containing the Officer's findings concerning the suitability of each of the parties to exercise custody, whether shared, primary or partial, and express an opinion, based on all of the matters before the Officer as to what disposition of the case seems to be in the best interest of the cllild. AttlJ'" A TRUt COpy I,. " , ,,: I {I " () y , '.L..' (" .c.. . " , "-," -: ,......._ ". . ....,,\P.y Paula J. McMullen va. No. F.R. 1990 - 714 Rockford R. Brodie pag_ 2 In the event the matter is not resolved at mediation, the Officer shall visit each home located in Franklin county and sul:mdt a report to the Court, in writinq, describinq the physical layout of the home, the turnishinqs, the surroundinqs, availability of schools, and other pertinent factors. 'lbe information gathered in theSe visits shall be included in the Mediation Officer's report. A copy of the report shall be sent to counsel for the parties. The parties will be deemed to have stipulated to the admissibility of the full report unless the Mediation Officer is subpoenaed to appear and testify. Rockford R. Brodie, Defendant, is notified that if you fail to appear as provided by this Order or bring the child, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO 'lOUR LAWYER AT ONCE. IF 'lOU 00 Nen' HAVE A LAWYER OR CANNen' AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SEl' FORTH BELOW TO FIND our WHEnE 'lOU CAN GEl' LmAL HELP. Legal Reference Servico of Franklin-Fulton Counties courthouse Chambersburg, pennsylvania 17201 Telephone: (717) 261-3848 -;,-.. ............~""7~~~......; )~A.. ,.'.. ..,ror....~....- .. ---=-____~...J . ........._.. .,-_____ Paula J. McMullen va. No. F.R. 1990 - 714 Ror.J:ford R. Brodie Page 3 Pursuant to the Affidavit of Poverty tiled by the Plaintiff pur- suant to Pa. R.C.P. No. 240, the Plaintiff is excused trom paying any costs of this proceedinq, including the costs of filing, eervices and lIIIKIiation, as she is without the financial resources to pay these and other costs of litigation. The costs ot such mediation shall be advanced by the court ot Franklin, which reserves the right to proceed against the Defendant should it be determined that the Defendant is responsible for said costs. Service upon the Defendant shall be made by Certified Hail. It further ordered that, pending the above hearing in this matter or until further Order, District Justice John Weyman's Protective Or- der issued in July, 1992, shall be dismissed and primary residential custody of Amber Renee Brodie, born August 23, 1985, shall remain with the Defendant, Rockford R. Brodie, with partial custody to the Plaintiff, Paula J. McMullen. Specifically, Paula J. McMullen, Plaintift, shall have partial custody ot Amber Renee Brodie the ~irst tour weekends ot every month trom 7:00 p.m. Friday until 7:00 p.m. Sunday. ~ '" ;- .~ ~~ :: ' .... '.':."J To ~~)~ trL: U. , ~;..J ~C .,'c.."=i l. ~! ..~ ~~: :.- '::jCO "L c~ .I~ F- ;.: I,t. V) , 0 0> () (f) Debts and obligations Mortgage: N I A Rent: 925.00test.l cl iust aDDlied for housina assistance Loans: N/A Monthly Expenses: Groceries 9200.00 tafter food stamosl Car insurance 943.00: Laundrv 970.00: misoellaneous bills 970.00: (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name:Amber Brodie Age: 11 vears Meaan Henrv 6 vears 4. I understand that I have a continuing obligation to inform the oourt of improvement in my finanoial oiroumstanoes whioh.would permit me to pay the costs inourred herein. 5. I verify that the statements made in this affidavit are true and oorreot. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Dc\:- .;;;)'1 CV<.UJQn J Schill Paula Schell, Plaintiff ,.. <.II ,- Ii'; ,.. .... ., t:-. .. ::ic; ~I ...::: t.';!;:- If:.: :.:: -);:~ ,., ::-'r) 2f', . - @r' '..;~l :':i" ,t~;; fLY; ::. (;1(u I" C-, 1.,-H.Jr.. .,.. ~- :3 '.. .0 CJ Ci" U - . ",