HomeMy WebLinkAbout97-00491
I I I. ,"IIU'VrlrlII " I;
. I I
,
JONATHAN C, BROOKS, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v, . CIVIL ACTION - LAW
.
: IN CUSTODY
SHERI A. BROOKS, .
.
Defendant . No. 95-7209 CIVIL TERM
.
-------------------------------------
JANE C. BROOKS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SHERI A. BROOKS,
Defendant
No. 97-0491 CIVIL TERM
/
v
IN RE: CUSTODY PROCEEDING
Proceedings held before the Honorable
J. WESLEY OLER, JR., JUdge,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on August 20, 1997, commencing at 9:15 a.m.
in Courtroom Nos. 1 and 2.
APPEARArICES:
):;L~,-L 1.J '~Q.o--L~--J~t2-,/J
JUo u ;;J. () Ie; 97
I
CHRISTOPHER IiOUSTON, ESQUIRE
For the Plaintiff~
ELIZABETH HOFFMAN, ESQUIRE
For the Defendant
O~9/).j'<J l C'u,~,/ 9S- 7.,(0;
~"
BROUJOS. GIL-ROY Ilc HOUSTON. P. C.
A'TTO"NCYIt AT LAw
4t HO"TH HANOVK" aTRacr
CARU8UE. PENNSYLVANIA 17Q13
(7171 .4a...."7,4._ 7...'..0
.'
JAN30199;ef
J
r
\
minor child pursuant to a Court Order dated February 2, 1996, a
copy of which is attached hereto and marked as Exhibit A.
5
The father had previously filed a Petition for Modification of the
aforesaid Custody Order which culminated in this Court's Order of
June 2B, 1996, a copy of which is attached hereto and marked as
Exhibit B.
6
A custody evaluation has been completed, which recommends that
primary physical custody of the minor child be with the Defendant.
7
The Defendant and the father have been separated since February 20,
1996.
B
The Petitioner has had regular visitations with the minor child of
a schedule of approximately three weekends every two months.
9
It is in the best interest of the minor child for the Petitioner to
have periods of partial custody/visitation with the minor child.
WHEREFORE, the Petitioner requests this Honorable Court to grant
periods of partial custody and/or visitation of the minor child
pursuant to 23 Pa.C.S.A. 5312.
JONATHAN C. BROOKS,
Plaintiff
vs.
SHERI A. BROOKS,
Defendant
)
)
)
}
)
}
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-7209 CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER
AND NOW, this ~~ day of ~ ,Inu-ll.a-' 1996, upon receipt of
the Conciliator's Report, it appearing that the parties have agreed to the terms and
provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is hereby ordered and directed as follows:
1. The parties shall share legal custody of the minor child, Tyler
William Brooks, d.o.b. 2 November 1 994.
2. The parties shall share physical custody of the minor child on
a four week on, four week off basis. Father shall have the first four
week period upon Mother's relocation from the area.
3. Such other times as ~e parties may agree.
William J. King, Jr., Esquire
Attorney for Plaintiff
Judith A. Calkin. Esquire
Attorney for Defendant
rnlb
EXHIBIT
J
A-
BY THE COURT.
I~I ~"JJ#"jd- iJe\J.~
J.
TRUE Copy FROM RECORD
In TcsJlmJny "'h~rEof. I her~ unto set my hand
and rhe s~al of said COUrl ar Carli51e, Pa.
ThisS.:t.t day of 34-::,.., 19?t"
..:.....>.\h..J.'1. G... ~LJ2~
o 0" ,"'",-........
.b~. Prolhonorary
JONATHAN C, BROOKS
Plaintiff
)
I
)
)
)
)
')
)
vs.
SHERIA. BROOKS
Defendant
AND NOW, this J.SiA- day of
J
,
.
l
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-7209 CIVIL TERM
CUSTODY
ORDER
~ ,1996, upon review of
the Conciliator's Report, it appearing that the parties have reached an interim
agreement, said interim agreement having been confirmed by the parties' counsel, it
is hereby ordered and directed as follows:
1. The parties will submit themselves and their minor child,
Tyler William Brooks, d.o.b. 2 November 1994, to the Stevens
Community Mental Health Center in Carlisle, Pennsylvania, who will
conduct a custody evaluation. Upon completion of the evaluation, the
Stevens Community Mental Health Center is to provide both parties
and their counsel with a written report as to the results of that
evaluation, The costs of this evaluation are to be split such that
Plaintiff, Jonathan C. Brooks, will pay 60% of the cost thereof, while
Defendant, Sheri A. Brooks, will pay 40% of the cost thereof,
In the event that the parties cannot reach a resolution of all
issues following receipt of the custod evaluation, then either party
EXHIBIT
I .6
JANE C. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 97-491 CIVIL TERM
SHERI A. BROOKS,
Defendant
CIVIL ACTION - LAW
CUSTODY /VISITATION
ORDER
AND NOW, this '75 -\~ day of
r.\'fr;l
, 1997, upon receipt
of the Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this Order which was dictated in their presence and approved by
them and their counsel, it is hereby ordered and directed as follows:
A hearing is scheduled for the I/~ day of
?"'~ ' 1997, at ,/'.00 o'clock .-.LL.M., in Court
Room Number ~ of the Cumberland County Court House, Carlisle,
Pennsylvania. Both parties, through counsel, will provide each other
and the court with a list of witnesses ten (10\ days prior to the date of
the hearing along with a statement as to their expected testimony.
Additionally, both parties will submit their proposal for a resolution of
the matter.
BY THE COURT,
J.
Christopher C. Houston, Esquire.
Judith Calkin, Esquire ~... ~
4-0 ',7 .t-4Mr-
ftMd!! '77~
'//7 /17 ~
JANE C. BROOKS,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 97-491 CIVIL TERM
SHERI A. BROOKS,
Defendant
CIVIL ACTION - LAW
CUSTODY /VISIT A TION
JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-Slb). the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Tyler William Brooks
November 2, 1994
2. A Conciliation Conference was held on March 13, 1997, and the
following individuals were present: the Plaintiff and her attorney, Christopher C.
Houston, Esquire; the Defendant appeared with her attorney, Judith Calkin, Esquire.
3. Items resolved by agreement: None.
4. Issues yet to be resolved: An ultimate custody schedule.
5. The Plaintiff's position on custody is as follows: The Plaintiff is the
paternal grandmother and has filed for partial custody rights as such with her
grandchild. The Plaintiff/Grandmother lives in Rome, New York, which is the drop
off and pick up point that the parties have used under their current custodial
arrangement. Consequently the grandmother has contact with the child under the
current arrangement every time the child is dropped off or picked up at her house.
6. The Defendant's position on custody is as follows: Grandmother may
have free access to the child provided it occurs in New Hampshire. The Defendant
is not in a position to pay for any further transportation of the child to visit the
grandmother in Rome, New York.
7. Need for separate counsel to represent child(ren): Neither party
requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. A hearing in this matter will take one day.
10. Other matters or comments: The grandmother has filed for visitation
rights with the minor child. The issue of visitation with the grandmother will dove-
tail with the ultimate Order that the court enters in the companion case docketed at
Jonathan C. Brooks vs. Sheri A. Brooks, No. 95-7209. If the Court awards primary
custody to the Mother, then the sole issue at that point will be to decide what, if
any, visitation the grandmother should have either when the child is in the custody
f
r