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Home My WebLink About00-02861 L , ~ ~!lll'.\:' " " MAY 0 9 200000 . . ~. .J' KERRY H, DAVENPORT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - ~rPc..1 C<.J~L l~ WILLIAM GREGORY BRICKER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this \ D day of , M~ ' 2000 upon consideration of the Custody Count set forth in the attached Complain , it is hereby directe<Lthat the parties and their respective counsel appear before tntJ\~~ ~~, the conciliator, at 3"1 \.." Mo,\\\~ V\cc.~\ >-'\0. ~{f.\ on the S- of J\J4-' 2000, at.9~ 3.0 @>\p.m. for a Pre-Hearing Cust y 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 five or older may also be present at the conference. Failure to appear at the conference may provide grounds fur the entry of a temporary of permanent order. FOR THE COURT: By: CustOdy Conciliator 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ~ " .." J, - ""II!II!III!!~~. OF J}~1~&~oTP,RY f\ M~Y \ 1 Pr'1I2: 08 (}"" rl,'. ., i, ,~,~,,' ~>1) COUNTY C\.A'Ik"nL~Y'\'^NII' PtNN::o un .'"1 5/p./JO M- ~ m~ 0~ .5-()'Otf >1~,~ ~ ~..I-r-~' 5'/)'00 ~ m~ 'ti>~~ " _" r> ,_< , '. ~... \- .~"lL~~j" ",,,,,,~:!",,,,,.,[l- ~ :!JlB~"'3'h"'%;~"jW"_"R;;;i'iW,'li~~f~Ill1I_~"""",""",,",,"! '" . -" ".- ..k_ ~., t-~'-'~il"_' '. . f' KERRY H, DAVENPORT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. WilLIAM GREGORY BRICKER, Defendant CIVil ACTION - lAW CUSTODY ORDER OF COURT You, William Gregory Bricker, Defendant, have been sued in court to obtain custody of the child Casey Davenport Bricker. You are ordered to appear in person at On , at . M. for D a conciliation or mediation conference D a pretrial conference D a hearing before the court If you fail to appear as provided by this order, 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (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, BY THE COURT: DATE: J. .:, .- ~ Joo ,_" ~_'-. ,;.. - ~:"",-, -: :,:-"i"~ ,,,,~~,;>--<'" ~ !.,L:";. ~-;.;:;_-> -, '__ :~~': 'i -:', ;' -':::_ ;~:')', , ~:;.: :~{':' ~-,'--;:o-' , KERRY H. DAVENPORT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. OV. .23"(.1 ~ tu....... WilLIAM GREGORY BRICKER, Defendant CIVil ACTION - lAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Kerry H. Davenport, by and through her attorneys, Wix, Wenger & Weidner, P,C" and files the within Complaint for Custody against the Defendant, William Gregory Bricker, averring as follows: 1, The Plaintiff, Kerry H. Davenport, is an adult individual who currently resides at 2004 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, William Gregory Bricker, is an adult individual who Plaintiff believes, and therefore avers, currently resides at 2239 N. Second Street, Apt 1, Harrisburg, Dauphin County, PA 17110. 3. Plaintiff seeks full legal and physical custody of the minor child, Casey Davenport Bricker, who was born on October 22, 1999 of Plaintiff and Defendant 4, The child was born out of wedlock. 5, The child is presently in the custody of her mother, the Plaintiff, Kerry H. Davenport, who resides at the address stated above, .~ '. _. . ~ ""o._.'.~j. . ~ .w, i__,_' ,-'n ~_. ',''-"'. ~-. V'-: _<<../6', .;;,'V,;, __._'<__, '--'0,'-:.; ~:,:,,~-;L '::.-;_>, '-." . .' 6, Since her birth, the child has resided with the following people at the following addresses: NAME S Kerry H. Davenport and William Gre 0 Bricker Kerry H. Davenport and Stephen and Nancy Daven ort rand arents Kerry H. Davenport ADDRESS 2004 Harvard Avenue Cam Hill PA 17011 2820 Arcona Road Mechanicsburg, PA 17055 DATES October 22, 1999 to Februa 8 2000 February 8, 2000 to March 5, 2000 2004 Harvard Avenue Camp Hill, PA 17011 March 5, 2000 to present 7. The mother of the child, Kerry H. Davenport, who currently resides at 2004 Harvard Avenue, Camp Hill, Pennsylvania, 17011, is single. 8. The father of the child, William Gregory Bricker, who Plaintiff believes currently resides at 2239 N, Second Street, Apt 1, Harrisburg, PA 17110, is single 9. The relationship of the Plaintiff to the child is that of mother. Plaintiff currently resides only with the minor child. 10. The relationship of the Defendant to the child is that of father. The Plaintiff does not have any information on whether the Defendant resides with anyone else, 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, 12, The Plaintiff has no information of custody proceeding concerning the custody of the child pending in any court in this Commonwealth or elsewhere, 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, -'.,-, i I, I r, ,1 11 II tl H i1 Ii " ~1 I' i ~ Ii II 'J j ! 'I i fJ ~ r, 'I II I II I ! ,,"'. i' _, _'~ ''-_CO','"' ," ~_ __, ",~ --~ ,,;,- <'-" ' "",--, .~',-- - ',i .; , _' ;"~., _,_ _ . 14, The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is best able to provide the necessary care and affection for the child. The Plaintiff is best able to provide for the care and maintenance of the child because the Plaintiff has been the primary, and often sole, caretaker of the child for her entire life. Additionally, the Plaintiff has the help of the child's maternal grandparents and other relatives in the area and the Plaintiff can best provide a stable home for the child. 15. Each parent whose parental rights to the child have not been terminated and the person who presently has physical custody of the child has been named as a parties to this action. There are no other persons who the Plaintiff knows to have any claim or right to custody or visitation of the child. WHEREFORE, Plaintiff, Kerry H. Davenport, respectfully requests this Honorable Court to grant her sole legal and physical custody of the parties' minor child with such physical visitation rights to the Defendant as the parties shall mutually agree, and to grant such further relief as this Court deems just and appropriate. Respectfully Submitted, en J. , Esquire LD, 52653 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff Date: April 20, 2000 F:Isjd11736 Davenport, Kerryl10730lDocumentslCustody Complaint (Cumberland cty),doc - ~' 'c,,_ . ;~,i II , l II " " 'I II II I' I' II I I 1 I I , 1- ,~ - ,,'. ", - , - -- ,- -- ,~ '. ,'," " ,,,-, -, ,-,:~-..,,~_',_, ",c-;',: ::,>-,--, __'"c_ " '''__c," ~'_ -, , KERRY H. DAVENPORT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. WILLIAM GREGORY BRICKER, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, Kerry H. Davenport, Plaintiff in the foregoing Custody Complaint, have read the said Custody Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ .\\ ~o.5;) Ker~venport DATE: ~~ l~ I J.6ov ,:;-,;-', -.: .1-> .~-',~-- ,~ .,,' _-,;; '.\ -,',-', ',,;.0,,' ,~-_;"', ,:-'~~-'>' ",,,,._,,,,.___,, ,--,-,-, - -, ,I - ;-,1 KERRY H. DAVENPORT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, WilLIAM GREGORY BRICKER, Defendant CIVil ACTION - lAW : CUSTODY CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint for Custody with attached Order Of Court was served via United States first-class mail, postage prepaid, and/or hand delivered this day to the following: Michael A. Scherer, Esquire law Offices of O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 WIX, WENGER & WEIDNER By:~ML J,~~ Brenda S. Hassinger, legal Assistant Wix, Wenger & Weidner 508 North Second Street Harrisburg, PA 17108-0845 DATE: J..Jr.ua 6'" ~tfTZ) ,,- ,'- '-." . -.-''; JUN 26 2~ KERRY H. DAVENPORT, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. . . CIVIL ACTION - LAW NO. 00-2861 . . : WILLIAM GREGORY BRICKER, Defendant . . : IN CUSTODY OODER OF COURT AND NCIIJ, this 21st day of June, 2000, the Conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The CUstody Conciliation Conference scheduled for June 22, 2000 is canceled. FOR THE COURT, sa.-1L~L Dawn S. Sunday, Esquire CUstody Conciliator - Jji{'T;7;: ~'''';) -""'..,.""" FlLEQ-0I-"'F1CE OF THE PROTHONOTARY OOJUN27 PM 3: 15 CUMBERlAi'IJD COUNTY PENNSYLVANIA " , ,~ ~:r:IH" ,.,,",,-. -'?-r.<_'=lf""""';' ]r\~::;-~,?ii;i _,~_" llli'l~l'J'Jnli'l"if'~~UI$~-j~!J'>"!'''''l'''-'!''~I'''~~''-E~~~!'l!ll1f.o,...."""""". " _ .!I!'l'llr c.'__ '.:___"_' ',_' . u-- -0" _" .-,~ ^'_, "< V'._ c". _u_>_, ,', ,'. ---"0 '",' _,_^ ,-,,'.,-;'.;;;2. ;-'J ;j;-h,_-" __" _ ;'__'_""-~"<._-,~__-,:;;..; -- -_~ ~-'" ,'_ ~,,_. ""-'->:;,i , KERRY H. DAVENPORT, Plaintiff OCT 16 ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-2861 CIVil TERM WilLIAM GREGORY BRICKER, Defendant CIVil ACTION - lAW CUSTODY ORDER OF COURT AND, now this rr day of Odab-V ,2000, upon consideration of the Stipulation for Agreed Upon Custody Order in the above captioned matter, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, the said Stipulation is hereby approved and adopted as an Order of Court. BY THE COURT '/iiL ~1Yl& /0"/7-00 R~9> J. " "_..~~...., ,.. ......,.. .. ,w '...... ..".. ,........, ,.. - - ~ _J ,_,'., ", eIU~D O~ 't..C 1"1"' or'"' I'" ~J\J 1\,.! i ! ""-',, 'r''',- .......l': -,~-::jT.~r{1 pq I?: \ C; 1 III;", ..", CUMe~hL.i:,,\,;\J COU!\HY PENN2dt~lAN\l\ ~- ! :If_] ,lI:, < '- ~"~ ,"" '.... ..' ,'..,.. _.~ - ,- --' - , _-~-_-, -,-,- " ,-. -, ~ ,;. - ,- ,'e _ _ ____'_ ," -, _-_,""," -- ,~~~\ "-,,,,-,' ..- - ,,,,- " ,-,;, -~,,\ ,- ,- -~-':;-" .. , " ,~ KERRY H. DAVENPORT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 00-2861 CIVil TERM WilLIAM GREGORY BRICKER, Defendant CIVil ACTION - LAW CUSTODY STIPULATION FOR AGREED UPON CUSTODY ORDER AND NOW, comes the Plaintiff, Kerry H. Davenport (the "Mother") and the Defendant, William Gregory Bricker (the "Father"), the parents of their minor child, Casey Davenport Bricker (born October 22, 1999) and stipulate and agree to the custody of the said minor child as follows: 1, The parties shall have joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious and educational decisions, The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the child's best interests. 2. Mother shall have primary physical custody of the said minor child, subject to such visitation for the Father as the parties shall mutually agree from time to time taking into consideration the following: a. The parties aCknowledge that Father intends to move from the Central Pennsylvania area. Mother will cooperate with Father to maximize Father's visitation, provided however, that Mother will pay for one-half of the cost of travel to and from Father's residence no more than twice in a calendar year. Mother agrees to consider additional requests for visitation, but shall not be required to contribute to the cost of travel for such additional visits. Visits shall not exceed more than one week at a . ." ~. .'-,. ..-,,-.~ .L' ,.- . ',~, _, m_ ',' ., " l-.;'.;...'__.. , " - _.~., ---"'"'''. ,,,,-',.---., ,'-'". .>- ~,",L" ,,'-. . ~-I '", .... time and shall be arranged at least thirty (SO) days in advance. b. The plans, schedules, activities, health and welfare of the child. c. The plans and schedules of each of the parties. If Father requests a visit that would interfere with prior plans of Mother, Mother shall have the right to reject such request provided that Mother suggests at least two (2) alternate times for visitation. d. The Father shall be allowed to see the child in the Harrisburg area upon at least two (2) weeks advance notice to Mother, and provided that such requested visit does not interfere with any prior plans of Mother or of the child, Such visits shall not be overnight and may be restricted as Mother deems to be in the best interests of the child. e. The Father shall otherwise have such periods of visitation with the child as the parties mutually agree. S, The parties shall obtain, keep and maintain a telephone in his or her residence and each shall inform the other party of his or her telephone number. 4. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. To the extent of their abilities, the parties shall assure that other household members and/or houseguests comply with this prohibition. 5. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the child for all purposes. 2 ,-s --~-'~.' ,---,' -'-"~'""~ ".;; ." ~:=;-; -', '.' ' - w'- ~ 6. The parties agree that this Stipulation shall be made an Order of the Court, 7. The parties agree that Mother shall claim the minor child as a dependent on her tax returns. 8. Father agrees to notify the Dauphin County Domestic Relations Office of any increases in his income for purposes of recalculating and modifying the existing child support order in accordance with the Pennsylvania Support Guidelines, The parties agree that any such modification shall be retroactive to the date Father started to earn such increased income regardless of when either party files for modification. 9, Father agrees to fully cooperate with Mother in any petition or procedure to change the last name of the child to Davenport, which shall be done at the Mother's sole cost and expense. WITNESS: ~Ik~ I '-- ~.~.,~~ 7 Kerry H, Da port WITNESS: ~jJ,~ Date: q 1"2-1../ DO F:\sjdI1736 Davenport, Kerryl10730\DocumentslCustody Agreement.doc(9/7/00) 3 ,."".'1 I I , I i I I