HomeMy WebLinkAbout00-02017
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Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
* Mlc~~l V. ~I""~ J
Defendant
: CIVIL ACTION LAW
: NO. 00 -")0 I~IVIL
: CUSTODY VISITATION
ORDER OF COURT
And now, this 1'Jfv ' upon consideration of the attached com,plaint, it is hereby directed
that the above parties and theirrespestiye counsel appear b fore 1/ AvA) '5. 5 vA) DflY,~,
Esquire, the conciliator, at S1 W /(,-0 5't. d'Ltw' ~s bv" ,
Pennsylvania, on the;l!:lfu.. day of (Y)fl. ~ ,2000, at '0 A.MJ~,
for a Pre-hearing Custody Conference. At suc conference, an effort will be made to resolve the
issues in dispute; or ifthis cannot be acc()mplished, to define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By:
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Custody Conciliator
YOU SHOULD TAKE TillS 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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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KIMBERLY A. BRADY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
~ NO. tb~ dD I? e;;J
: IN CUSTODY
MICHAEL D. BRADY,
Defendant
ORDER OF COURT
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Yon, MICHAEL D. BRADY, are ORDERED to appear in person at
61 on the day of
, 2000 at _0' clock _.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 into a Temporary Order. All children age (5) or older may, at
the request of an attorney or party, be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent Order.
If you fail to appear as provided by this Order, an Order for custody may be entered against you or the
Court may issue a warrant for your arrest.
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YOU SHOULD TAKE TillS 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.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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BY THE COURT:
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Custody Conciliator
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KIMBERLY A.BRADY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. (HJ, iUJ 11 ~ ., <.L--
MICHAEL D. BRADY,
Defendant
: IN CUSTODY
COMPLAINT TO CONFIRM CUSTODY
AND NOW, comes the Plaintiff, KIMBERLY A. BRADY, by and through her attorney,
ROBERT B. LIEBERMAN, ESQUIRE and respectfully represent as follows:
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1. The Plaintiff is KIMBERLY A. BRADY, residing at 106 Rolo Court,
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Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is MICHAEL D. BRADY, residing at 501 Gettysburg Pike,
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Mechanicsburg, Cumberland County, Pennsylvania.
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3. Plaintiff seeks to confirm custody of the following child:
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Name
Residence
Age
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Jessica A. Brady
106 Rolo Court
11echanicsburg,PPl
4 years
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The child was born of the marriage between Plaintiff and Defendant.
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The child, Jessica A. Brady, is presently in the custody of Plaintiff, Kimberly Pl. Brady,
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who resides at 106 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania.
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During the past four (4) years, the child has resided with the following persons and at the
following addresses:
Persons
Addresses
Dates
Plaintiff and Defendant
70 Rebecca Drive
York Haven, P A
from birth until December 30, 1999
Plaintiff
106 Rolo Court
11echanicsburg,Pi\
from December 30,1999 until
present
The mother of the child is KIMBERLY A. BRADY currently residing at 106 Rolo Court,
Mechanicsburg, Cumberland County, Pennsylvania. She is married to the Defendant.
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The father of the child is MICHAEL D. BRADY currently residing at 501 Gettysburg
Pike, Mechanicsburg, Cumberland County, Pennsylvania. He is married to the Plaintiff.
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4. The relationship ofPlaintiffto the child is that of Mother. The Plaintiff currently
resides with the following persons:
Name
Relationship
Peggy 1. Miller
Mother
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Richard F. Miller
Father
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Jarad M. Miller
Son
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Jessica A. Brady
Daughter
5. The relationship of Defendant to the child is that of Father. The Defendant currently
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resides with the following persons:
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Name
Relationship
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Sandra Brady
Mother
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Patrick V. Brady
Father
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6. Plaintiff has not participated as a party or witness, or in another capacity, in any other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or in any other jurisdiction.
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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.
7. The best interests and permanent welfare of the child will be served by granting the
relief requested because Plaintiff has provided and is ready, willing and able to provide a stable
home environment for the child.
8. Each party whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties'to this action.
WHEREFORE, Plaintiff requests this Honorable Court to grant her legal and primary
physical custody ofthe subject minor child.
Respectfully submitted,
DATED: ~'~)' Do
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ROBERT B. LIEBERMAN, ESQUIRE
500 North 3rd Street, 12th Floor
P.O. Box 1004
Harrisburg, PA 17108-1004
(717) 236-1485
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing Complaint To Confirm Custody are
true and correct based upon my personal knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
DATED: --3j 05)00
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KIMBERLY A. BRADY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: NO. 00-2017
MICHAEL D. BRADY,
Defendant
: CUSTODY VISITATION
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPIDN
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law,
deposes and says:
1. That on April 3, 2000, a Complaint to Confirm Custody was filed on behalf of
Plaintiff and against Defendant in the above case.
2. That on April13, 2000, I forwarded, by certified mail, return receipt requested,
restricted delivery, a certified copy of the Complaint to Confirm Custody to Defendant,
MICHAEL D. BRADY, 501 Gettysburg Pike, Mechanicsburg, Cumberland County,
Pennsylvania, as evidenced by the sender's receipt attached hereto.
3. That the aforesaid certified copy of the Complaint to Confirm Custody sent to
Defendant, MICHAEL D. BRADY, was delivered on April 17, 2000, as evidenced by the return
receipt card signed by Defendant and attached hereto.
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4. That to the best of my information and belief, the signature in Part 5 of the return
receipt card is, in fact, the signature of Defendant, MICHAEL D. BRADY.
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ROBERT B. LIEBERMAN, Esquire
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
before me this o<.o~ day
of AfJ{J,,'L ,2000.
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My Commission Expires:
NOTARIAL SEAL
CHERYL L FERGUSON, Notary PubUc
Harrisburg, Dauphin County
M Commission Ex res A '16, 2004
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Recsipt Requested" on the rnailpiece below the article number.
Receipt will show to whom the article was'delivered':af1d~the'dEite
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1, b Addressee's Address
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KIMBERLY A. BRADY, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
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vs. : NO. 00-2017 CIVIL TERM
:
MICIlAEL D. BRADY, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
ORDER OF <XlORT
AND Nai, this r.ri\ day of ~
consideration of the attached Custody Con iliation
and directed as follows:
, 2000, upon
Report, it is ordered
1. The Mother, Kimberly A. Brady, and the Father, Michael D. Brady,
shall have shared legal custody of Jessica A. Brady, born March ll, 1996.
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not. limited to, all decisions
regarding her health, education and religion.
2. The Mother shall have primary physical Custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends from Friday at 4:00 p.m. through Sunday at 5:00 p.m.
The parties shall continue on the existing alternating weekend schedule.
In addition, the Father shall have custody of the Child every Tuesday from
5:00 p.m. through 7:30 p.m. and every week from Wednesday at 5:00 p.m.
through Thursday morning at 7:30 a.m.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CIIRIln'MAS: In even numbered years, the Father shall have
custody of the Child on Christmas Eve from 12:00 noon until
9:00 p.m. and the Mother shall have custody from Christmas Eve
at 9:00 p.m. through Christmas Day at 6:00 p.m. In odd
numbered years, the Mother shall have custody of the Child on
Christmas Eve from 12:00 noon until 7:00 p.m. and on Christmas
Day from 3:00 p.m. until 8:00 p.m. and the Father shall have
custody fram Christmas Eve at 7:00 p.m. through Christmas Day
at 3:00 p.m.
B. THANKSGIVING: In even numbered years, the Father shall have
custody of the Child on Thanksgiving Day and, in odd numbered
years, the Mother shall have custody on Thanksgiving Day. The
specific times shall be arranged by agreement of the parties.
D. EASTER SUNDAY: The Father shall have custody of the Child
every year on Easter Sunday from 12:00 noon until 5:00 p.m.,
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unless Easter falls on the Father I s regular weekend period of
custody, in which case the Father will have custody of the
Child through 5:00 p.m. under the regular schedule.
E. INDEPENDENCE DAY: The parties shall share having custody of
the Child on Independence Day each year by alternating each
half of the day on a yearly basis. The specific times for
custody under this provision shall be arranged by agreement of
the parties.
F. MEMCI.UAL DAY/LABOR DAY: The Father shall have custody of the
Child every year over the Memorial Day holiday from Friday
through Monday and the Mother shall have custody of the Child
every year on the Labor Day holiday from Friday through
Monday, with the specific times to be arranged by agreement of
the parties.
G. kJ~'IlJSl('S DAY/FATBER'S DAY: The Mother shall have custody of
the Child every year on Mother I s Day and the Father shall have
custody of the Child every year on Father's Day, with the
specific times to be arranged by agreement of the parties.
H. BIRTHDAYS: Each party shall be entitled to have a period of
custody with the Child on her birthday each year. Each parent
shall also be entitled to have a period of custody on that
parent's birthday each year. The specific times for custody
under this provision shall be arranged by agreement of the
parties.
I. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. The Father shall be entitled to have 2 weeks of vacation with the
Child each year, to be scheduled consecutively or non-consecutively as
agreed between the parties. After the Child begins school, the Father's
periods of custody under this provision shall be scheduled during the
summer school breaks. The Father shall provide 30 days advance notice of
his selection of vacation dates under this provision if he is able to do so
within the requirements of his employment. otherwise the Father shall
provide at least 2 weeks advance notice if additional notice is not
possible due to the conditions of his employment.
6. Unless otherwise agreed between the parties, neither party shall
permit paramours or live-in members of the opposite sex to spend the night
when the Child is in that party's custody.
7. In the event either party intends to remove the Child from his or
her residence for an overnight period or longer, that party shall first
notify the other party of the general location and telephone number where
the Child and parent can be reached in the event of an emergency.
8. The non-custodial parent shall be entitled to have liberal and
reasonable telephone contact with the Child.
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9. Neither party shall do or say anything which may estrange the
Child fran the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
10. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of llRltual consent, the terms
of this order shall control.
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cc: Robert B. Lieberman, Esquire - Counsel for Mother
Lisa M. Coyne, Esquire - Counsel for Father
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KIMBERLY A. BRADY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-2017 CIVIL TERM
.
.
MICHAEL D. BRADY, . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
CUSTODY COOCILIATlOO SUMMARY REl'WT
IN ACCXlRDl\NCE WITH CUMBERLAND CXXlNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jessica A. Brady
March 11, 1996
Mother
2. A Conciliation Conference was held on June 22, 2000, with the
following individuals in attendance: The Mother, Kimberly A. Brady, with
her counsel, Robert B. Lieberman, Esquire, and the Father, Michael D.
Brady, with his counsel, Lisa M. Coyne, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Custody Conciliator
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