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Home My WebLink About98-07220 "l .. >. I ~! ~; ~ J~ I :1- ;1 .... I .~ ,'j - 'j~ j " j :0 :~ l~ t:' 0. Q-. ~ i1Fr: 2; 4 'l998 \ \, STACY M. BROOKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q'8- r-(()'\('--., \J'J C~l~&J l~rfY\ CIVIL ACTION - LAW CUSTODY ~ . 'I",' , .' . .: 1 I , .,' . "' t . . " '/. . . ,: .,.::. ~. , . \ r :). ,: '. . '. " . ':' . . v. TIMOTHY BUSH, Defendant AND NOW, this ~y?> day of 'Crr r-I'n\'t' (" , 1998, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective. counsel ~fpea~ ~efo,re y....r\r0..~ ::.., ,'..., f,( \" ,'- ( ~ i=' (\ \ , the Conciliator, at ,,,-! '....J. \~r\\\' -,\ \''-\r'(\',-:Cli I ' ,',--,",' '} ri'-'-- on the q day of \-f hI'\. XlM ,1999, I at \', \:)\.') ~.m, for a Pre-Hearing Custody 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 at the request of either attorney or party, 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, ,./ !\ 1\ ~. By: iJ--. ')n \ \j'(\ "" '...... n''!\On(j ~ . Custody Conciliator r \~:t I 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ..... '"",',, ' PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff , ,-" . . .' ~ " . ., - .,.'l' . ," " STACY M. BROOKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q8. '1 ddC) CIVIL ACTION - LAW CUSTODY v. TIMOTHY BUSH, Defendant COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, STACY M. BROOKS, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is STACY M. BROOKS, residing at 28 West Main Street, Apt. #1, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is TIMOTHY BUSH. residing at 37 Carroll Drive, Dillsburg, Pennsylvania 17015, 3. Plaintiff seeks custody of the following child: Present Residence 28 West Main Street, Apt. #1, Mechanicsburg, PA 17055 4. David Bush was born out of wedlock. DOB 10-6-96 f:olame David Bush 5. The child is presently in the shared custody of Plaintiff and Defendant, who reside respectively at 28 West Main Street, Apt. #1, Mechanicsburg, Cumberland County, Pennsylvania '17055 and 37 Carroll Drive, Dillsburg, Pennsylvania 17015. 6. During the past five years, the child has resided witt, the following persons and allhe following addresses: .. ":~"l Persons Plaintiff & Mark Reed Address 28 West Main Street, Apt. #1 Mechanicsburg, PA 17055 12 Peacock Drive Carlisle, PA 17013 Duration 10/98-Present . \ ~ , .' . ", . ': ,t ,..', " " ", - ;. ' . .~ ',' ," ~ . \ \' , 2/98-10/98 Plaintiff & Mike Robbins Cindy Robbins Russell Robbins Plaintiff, Defendant & Kathy Sweger Lonnie Sweger Leona Sweger Plaintiff, Defendant & Dave Bush Roberta Bush Dan Bush Plaintiff, Defendant & Various Friends 35 Carroll Drive Dillsburg, PA 17015 1/98-2/98 37 Carroll Drive Dillsburg, PA 17015 10/97 -1/98 Various Addresses 3197 -10/97 Plaintiff, Defendant & Christa Bush Roberta Bush Dave Bush Dan Bush 37 Carroll Drive Dillsburg, PA 17015 2/97 -3/97 Plaintiff & Mike Robbins Cindy Robbins Russell Robbins 10/96-2/97 12 Peacock Drive Carlisle, PA 17013 7. The mother of the child is Plaintiff, currently residing at 28 West Main Street, Apt. #1, Mechanicsburg, Cumberland County, Pennsylvania 17055. The mother is single. 8. The father of the child is Defendant, currently residing at 37 Carroll Drive, Dillsburg, Pennsylvania 17015. The father is single. 9, The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Mark Reed Relationship Fiancee -:' ~-.r 10, The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Roberta Bush Dave Bush Dan Bush Relationship Mother Father Brother " . ,. . ) 'J "".' , ",', - ~,' .'.' i. ',.'.' .' . ..' . ", : . . ' ' ., . '.' : " . 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, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13, 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. 14. The best interest and permanent welfare of the child will be served by granting shared legal and primary physical custody of the child with Plaintiff with Defendant awarded partial periods of custody on alternating weekends. WHEREFORE, Plaintiff requests this Honorable Court to order that legal custody be shared among the parties and Plaintiff be granted primary physical custody of the minor child, David Bush. Respectfully submitted, c9?~G2--- Peter J. Russo Attorney for Plaintiff Date: \),}~3Iq Ir . , VERIFICATION I, Stacy M. Brooks, verify that the statements made in this Petition are true and correct. 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: 12 -23 -~ . -~.., . , . :. - , . . ^ '_','". \,., ~ .' .'. :' . '. ' ,. .... "I "., . I" " . i , '. ;~ " :,'...... . ~ SJ ~~';;;' . L.... ., 1:;1: '- l. '>- L': O. ('.. i d 1i o lQ ~ 'fJ ) a- 0- 11 j u If) r- en r t 'T-l Q '.. . . ' ".,': . . '" .", C'; , I..! C. " i..; . , STAr:::f M. BROOKS, plaintiff IN TIJE COURT OF COMMON PLEAS OF CUMBERLAND ~rY, PE~~SYLVANIA vs. NO. 98-7220 CIVIL TERM CIVIL ACl'ION - LAW TIMOTIJY BUSH, Defendant IN CUSTODY ORDER OF CXXJRT . (,,~ AND NOW, thlS J day of consideration of the attached CUstody and directed as follows: F.drv. .0- conciliation Report, , 1999, upon it is ordered 1. The Mother, stacy M. Brooks, and the Father, Timothy Bush, shall have shared legal custody of David Bush, boLT! October 6, 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 his health, education and religion. The parties shall notify eachother of any emergencies occurring during his or her periods of custody as soon as possible. 2. The parties shall have custody of the Child in accordance with the following schedule: A. The Mother shall have primary physical custody of the Child until such time as the shared physical custody arrangement goes into effect as provided in this Order. B. The Father shall have partial physical cust~ of the Child on l~ednesday, February 17, 1999 beginning at a time to be arranged by agreement of the parties until 8:00 p.m. The Father shall also have custody of the Child on Saturday, February 20, 1999 from 9:30 a.m. until 8:00 p.m. Thereafter, the Father shall have custody of the Child every Wednesday and Saturday until such time as the conditions provided for in paragraph 3 of this Order are satisfied and the alternating weekly shared custody schedule goes into effect. C. \\'hen the conditions stated in paragraph 3 of this Order have been satisfied, the parti.es shall share having physical custody of the Child on an alternating weekly basis, with the parties exchanging custody every Sunday at 5:00 p.m. The non-custodial parent shall have custody of the Child during the other party's week of custody from l~ednesday after work until the following Thursday morning before work. D. The Christmas holiday shall be divided into Segment A, which _. }-.r;-- . Ii ...a:... . .. . . -', .' .' " " , . , :' .", .~., : \. .' _ .', ,':.'~' __~ ~. . " ,; . t.' :' \.' C shall run from Christmas Eve at 4:30 p.m. through Christmas Day at 12:30 p.m., and segment B, which shall run from Christmas Day at 12:30 p.m. through December 26 at 4:30 p.m. The Father shall have custody of the Child during segment A in odd numbereO years and during Segment B in even numbered years. The Mother shall have custody of the Child during segment A in even nwnbered years and during segment B in odd numbered years. The parties shall share or alternate having custody of the Child on the remaini.ng holidays and the Child's birthday as arranged by mutual agreement of the parties. 3. The Father shall obtai.n an inspection of his home by a professional selected by agreement of the parties and counsel, who is qualified to inspect the premises for safety and cleanliness. The Father shall satisfy all recommendations of the inspector in order to make the property/residence suitable for the Child prior to institution of the shared custody schedule. The Father shall make available to the Mother I s counsel written confirmation from the inspector verifying that all recommendations have been satisfied. 4. The party receiving custody of the d1ild shall be responsible to provide transportation for exchanges of custody under this order. 5. Both parties shall refrain from using or possessing illegal drugs or drinking alcohol to the point of intoxication during his or her periods of custody with the Child. In addition, both parties shall ensure that all third parties comply with the provisions of this paragraph in the presence of the Child. 6. After the parties have followed the custody arrangements set forth in this order for a period of at least three (3) months, counsel for either party I1\3Y contact the Custody Conciliator, Dawn s. Sunday, Esquire, to schedule an additional Conference if necessary to review or modify the custody arrangements. 7. 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 mutual consent, the terms of this Order shall control. J. cc: Peter J. Russo, Esquire Counsel fer Mother Susan Seighman, Esquire - Counsel fer Father _ C~j' ~L'" "'l'-t.l.~l~.d .z/,,,/11. 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