HomeMy WebLinkAbout97-00272
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conflict with the other provision of this Order:
(i) Memorial Day, Independence Day and Labor
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Day, on an alternating basis, from 4:00 P.M. on
the day before the holiday until 7:00 P,M. on the
actual day of said holiday.
(ii) Thanksgiving Day from 9:00 A.M. to 9:00
P,M. ;
(iii) Each Christmas from 9:00 A.M. on
December 25 until 4:00 P.M. on December 26,
(iv) One week during each summer for
vacation. If the parties cannot agree upon the
week for this vacation, Father may designate said
week by giving 30 days advance notice in writing.
BY THE COURT,
yo/-l/,J.--
J.
I verify that the statements made in the foregoing
Stipulation are true and correct. 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:
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WITNESS: .~'.::..-
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I verify that the statements made in the foregoing
Stipulation are true and correct. 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: 5. /" , 7
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WITNESS :()~. ~
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Kevin R. Bricker, Plaintiff
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KEVIN R. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
v.
NO. 97-272
SAMANTHA A. BRICKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following infonnation, to the Court for entry of a divorce
deeree:
I. Ground for Divorce: irretrievable breakdown under Section..-X- 3301(c) or
_ 3301(d)(I) of the Divorce Code.
2. Date and manner of service of the Complaint:
Served on Defendant by certified mail, return receipt, dated January 22, 1997.
3. Complete either Paragraph A. or B.
A. Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code by Plaintiff: 5/2/97
by Defendant: 4/28/97
Date of execution of Defendant's Waiver of Notice of Intent: 4/28/97
B.I Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of
the Divorce Code:
B.2 Date of service of Plaintiff's Affidavit upon Defendant:
4. Related claims pending: None.
Dated:~
N[CHDLA~& fO~€
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Bruce D. Foreman, Esquire
3207 North Front Street
Harrisburg, P A 17110
(717)236-9391
Attomey ID # 72657
Attorncy for ( X ) Plaintiff
( ) Defendant
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KEVIN R. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO,
SAMANTHA A, BRICKER,
Defendant
CIVIL ACTION. LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904, relating to
unsworn falsification to authorities,
JC ' /C !{/
~N R, BRICKER
Dated:
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KEVIN R. BRICKER
929 Spring Circle
Mechanicsburg, PA 17055
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY,PENNSYLVANIA
vs.
SAMANTHA A. BRICKER :
(now known as Samantha A, Keefer:
7232 Clearfield Street
Harrisburg, PA 17111
Defendant : CUSTODY
COMPLAINT FOR CUSTODY AND CONTFMPT
AND NOW comes the Plaintiff, KEVIN R. BRICKER, by his Attomey,JAMES
M, BACH, and respectfully represents as follows:
1, The Plaintiff is KEVIN R, BRICKER, residing at 929 Spring Circle,
Mechanicsburg, PA 17055.
2, The Defendant is SAMANTHA A. KEEFER, residing at 7232 Clearfield Street,
Hanisburg P A 17111.
3, Plaintiff seeks custody of the following children: Kendra Ann Bricker, born on
March 31, 1992 and Kiersten Renee Bricker, born on July 11,1993.
4, The children were born during the marriage of the parties.
5, The children are presently in the custody of Samantha A. Keefer, wID lives at 7232
dearfield Street, Harrisburg, PA 17111.
6, The natural Mother of the children is Samantha A, Keefer..
7, The natural Father of the children is Kevin R, Bricker.
8, The relationship of Plaintiff to the child is that of Father.
9. The relationship of Defendant to the child is that of Mother.
10, The Plaintiff has not participated as a party or witness, or in any other capacity, in
other litigation concerning the custody of the children in this, or any other Court.
11, Plaintiff has no information of a custody proceeding concerning the custody of said
children pending in a Court of this Commonwealth, or in any other jurisdiction.
12, Plaintiff does not know of a person, not a party to the proceedings, who has physical
custody of the children, or claims to have custody or visitation rights with respect to the
children.
13, The best interest and permanent welfare of the children will be served by granting
the relief requested, because the Plaintiff can provide a stable and wholesome horne
environment for the children,
14, Each parent whose parental rights of the children have not been terminated, and the
person who has physical custody of the children, have been named as parties to the
action.
WHEREFORE, Plaintiff requests this Honorable Court to enter an Order,
granting Kevin R. Bricker primary physical custody of the subject minor children.
CONTEMPT
15, On or about the ]'h day of May 1997 the Honorable Kevin A. Hess, Judge of the
Court of Common Please of Cumberland County, signed a Court Order granting unto
Kevin R. Bricker certain periods of visitation with his children. A copy of the Order of
Court of 7 May 1997 is attached hereto and marked as Exhibit A,
16, Samantha A. Keefer has violated this Order of Court on numerous occasions by
refusing to allow BOTH CHILDREN TO PARTICIPATE IN THE SPECIFIC
VISITATION TIME PERIODS.
Samantha A. Keefer encourages at least one of the children to resist visitation with
her father.
17, Samantha A. Keefer interrupted a vacation period of one of the children during the
father's week of exclusive visitation by appearing at a school activity where the child was
present and taking her home. This was unannounced and she did not return the child for
the duration of the father's exclusive weekly vacation period.
Samantha A. Keefer has been contemptuous and mean spirited as it relates to Kevin
R. Bricker, the natural father's rights to visit with his daughters.
18, Kevin R. Bricker has attempted to amicably resolve these maners with the
defendant, however his efforts to amicably resolve these maners have been met with
hostility.
Kevin R. Bricker believes that custody should be awarded to him as Samantha A.
Keefer, the natural mother, is engaged in a course of conduct that is not only detrimental to
his legal rights as the father, but it is against the best legal interest and health and welfare of
the minor children. The children have an absolute legal right to share quality visitation time
with their natural father, and Samantha A. Keefer is undermining that particular right.
It appears that the law would favor custody being awarded to the parent who is most
likely to encourage visitation and in the instant case the parent most likely to encourage
visitation is Kevin R. Bricker, and not Samantha A. Keefer, the mother herein who
constantly anempts to curtail the lawful Order of Court and violate an express Order of
Court.
WHEREFORE, Kevin R. Bricker respectfully prays that primary physical custody of his
minor daughters be awarded to him exclusively and furthermore that Samantha A. Keefer,
natural mother of the children named herein, be held in contempt of Court for repeated
violations of the Court Order of 7 May 1997.
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KEVIN R. BRICKER,
Plaintiff
IN THE CXXJRT OF WlMOO PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
NO. 97-272
CIVIL TERM
SAMAm'1lA A. BRICKER,
Defendant
.
.
CIVIL ACTION - LAW
IN CUS'IODY
au>BR OF cnJRT
AND ra, this Z~' day of Ocrahv , 2000, upon
conaideratioo of the attached CUstody Conciliation Report, it is ordered
and directed as follows:
1. ihe prior Order of this Court dated May 7, 1997 is vacated and
replaced with this Order.
2. ihe Father, Kevin R. Bricker, and the Mother, Samantha A. Keefer,
formerly Bricker, shall have shared legal custody of Kendra Ann Bricker,
born March 31, 1992, and Kiersten Renee Bricker, born July 11, 1993. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Children's
general well-beirt:J including, but not limited to, all decisions regarding
their health, education and religion. 'l11e parties shall consult with each
other in making decisions with respect to enrollin;J the Children in any
additional activities for which the Children were not already enrolled 00
the date of this Order.
3. ihe Mother shall have primary filysical custody of the Children.
4. ihe Father shall have partial physical custody of the Children on
alternating weekends fran Friday at 4: 15 p.m. through SUnday at 6:00 p,m.,
beginning October 20, 2000. In addition, the Father shall have custody of
the Children every Tuesday fran 4:15 p.m. through 7:30 p.m., beginning
October 17, 2000.
5. ihe parties shall cooperate in adjusting the partial cuatody
schedule by agreement to accOlTl1lOdate the Father's request to have cuatody
of the Children when special occasions or opportunities arise.
6. The parties shall share or alternate havin;J custody of the
Children on holidays as follows:
A. aIRISTMAS: In even numbered years, the Mother shall have
custody of the O1ildren on Christmas Eve from 12:00 nooo until
8:00 p.m. and fran Christmas Day at 4:00 p.m. through Deceaber
26 at 12:00 noon. ihe Father shall have cuatody of the
Children in even numbered years fran Christmas Eve at 8:00
p.m. through Christmas Day at 4:00 p.m.
In odd nUJTbered years, the Mother shall have custody of the
Children fran Christmas Eve at 12:00 noon through Christmas
Day at 12:00 noon and the Father shall have custody from
Christmas Day at 12:00 noon through DeceniJer 26 at 12:00 noon.
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In every year, the Father shall have custody of the Children
for two days and one overnight (fran 9:00 a.m. through 8:00
p.m. the following day) during the remainder of the Children I s
Christmas school break, in addition to any periods of custody
the Father may also have under the regular custody schedule.
B. THANKSGIVING: In even nUJTbered years, the Mother shall have
custody of the Children from after school on the Wednesday
before Thanksgiving through Thanksgiving Day at 8:00 p.m. In
odd nUJTbered years, the Father shall have custody of the
Children fran after school on the Wednesday before
Thanksgiving thtough Thanksgiving Day at 8:00 p.m.
c. EAS'lm: The Easter holiday shall run from the Saturday before
Easter at 7:00 p.m. through Easter SUnday at 8:00 p.m. (or
7:30 p.m. if there is school the following day). The Father
ahall have custody of the Chidren over Easter in even nUJTbered
years and the Mother shall have custody in odd nUJTbered years.
D. MPXlUAL DAY/JULY 4TH/LlIIlCR DAY: The Memorial Day and Labor
Day holidays shall run fran 7:00 p.m. on the Sunday before the
holiday through the day of the holiday at 7:30 p.m. The
pericd of custody over Independence Day shall run from July 3
at 7:00 p.m. through July 4th after the fireworks. In even
numbered years, the Mother shall have custody of the Children
on Memorial Day and Labor Day and the Father shall have
custody 00 July 4th. In oed nUJTbered years, the Father shall
have custody of the Children 00 Memorial Day and Labor Day and
the Mother shall have custody on July 4.
E. 1'UJ.1mK'S DAY/FAi'IIPR'S MY: The periods of custody on Mother's
Day and Father's Day shall run fran the Saturday before the
holiday at 7:00 p.m. through the holiday at 6:00 p.m. (or 8:00
p.m. if there is no school the following day). The Mother
shall have custody of the Children every year 00 Mother's Day
and the Father shall have custody every year 00 Father's Day.
F. rR1T~'S B~: The non-cuatodial parent shall be
entitled to have telephone contact with each Child 00 her
birthday.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
7. During the sunrner school break in 2001, each party shall be
entitled to have custody of the Children for three non-conaecutive weelaI
upon providing advance notice to the other party by May 1. The party
providing notice first shall be entitled to preferenoe 00 his or her
selection of vacation dates. Neither party shall schedule his or her
periods of vacation custody under this provision to interfere with the
other party's holiday periods of custody. The parties agree to cooperate
in continuing to discuss the Father's request for a progressive increase in
periods of sumner vacatioo custody to one-half of the sumner school break
in the future,
I
8. 'l11e parties shall UBe the same child care provider for the
Children during the sumner to promote consistency, with the exceptioo of
occasions 00 which family rrerrbers may provide care for the Children,
9. Both parties shall be entitled to have reasonable telephone
contact with the Children and the custodial parent shall ensure that the
Children receive telephone messages from the other parent.
10. 'l11e party receiving custody of the Children shall be responsible
to provide transportatioo for the exchange, with the exception of the
'l\Iesday evening periods of custody for which the Father shall be
responsible to provide all transportation.
11. 'l11e Father shall ensure that the Children complete their homework
assignments and attend any regularly scheduled activities during his
periodS of custody.
12. 'l11is order is entered pursuant to an agreement of the parties at a
CUstody Coociliatioo Conference. The parties may modify the provisions of
this Order by nutua1 consent. In the absence of nutua1 consent, the terms
of this Order shall control.
BY THE CXlURT,
L
J.
cc: James M. Bach, Esquire - Counsel for Father
Marianne E. Rudebusch, Esquire - Counsel for Mother
KEVIN R, BRICKER, . IN THE OOURT OF CXXolMOO PLEAS OF
.
Plaintiff . CUMBERLAND CCXlN'l'Y, PENNSYLVANIA
.
.
.
vs. . NO. 97-272 CIVIL TERM
.
.
.
SAMANTHA A. BRICKER, . CIVIL ACTION - LAW
.
Defendant : IN cusrooy
ammy aH:ILIATI~ 5lIItI\RY REPCRT
l'RIQ{ JUDGE: Kevin A. Bess
m ACaIlDl\NCE wrm CDlBBRLAND a:umr RllLB (P CIVIL 1'9::- "I<J (U
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. !tie pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE (P BIRTH
CURREm'Ly m ammy (P
Kendra Ann Bricker
Kiersten Renee Bricker
March 31, 1992
July 11, 1993
Mother
Mother
2. A Conciliation Conference was held on October 17, 2000, with the
fOllowing individuals in attendance: !tie Father, Kevin R. Bricker, with
his counsel, James M. Bach, Esquire, and the Mother, Samantha A. Keefer,
formerly Bricker, with her counsel, Marianne E. Rudebusch, Esquire.
3. The parties agree to entry of an order in the fom as attached.
It should be noted, however, that the parties were unable to reach an
agreement as to sumner vacation periods of custody for the Father beginning
in 2002. !tie Father seeks to expand the sumner custody periods to one-half
of the sumner vacation in order to spend as much time as possible with the
Children. !tie Mother was willing to consider expansion of the Father's
sumner vacation time after 2001 but expressed reservations at this time
concerning the Children's activities during the sumner, proximity to
friends and other related concerns.
()(:h. ~A (~JOcO
Date
at J.J .f};
Dawn s. Sunday, Esqu r
CUstody Conciliator