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HomeMy WebLinkAbout03-1634GEORGE D. BROADWATER Plaintiff VS. CECILIA F. BROADWATER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION- AT LAW ·CUSTODY ~IPI,AINT iq't"JR The PI~ OEO~E D. B~O~WA~ ~ou~ ~s a~om~s, ~e ~w ~s of Pa~ek F. ~, Jr., ~es ~s Compl~t for Cu~ody ~ ~e Defen~t, CEC~ F. BRO~WA~ ~d ~ ~ppoa ~er~ avers ~e fo~o~g: 1. ~e P~ is GEORGE D. BRO~WA~ ~ M~t ~d~ ~d ~e ~ Fath~, who ~tly resides at 274 Monto~ Ro~ ~sb~g P~ Co.W, P~lv~a 17~0. 2. ~e ~fen~t is CEC~ F. BRO~WA~ ~ ad~t ~d~ ~d ~e Mother, who ~enfly re,des at 108 R~ Sou~ 16~ S~, C~p ~ Cmber~d Co.W, P~ylv~a 17011. 3. ~e P~ ~ ~ody, p~ ~ody, ~or ~tafion of~e foUo~g c~: Jeremy Stephen Broadwater Name Pro~ Addre,~a Age, Cecilia Michelle Broadwater 108 Rear S. 16~ Street Ten Years Camp I-fill, PA 17011 108 Rear S. 16~ SWeet Camp Hill. PA 17011 Twelve Years The children were not bom out of wedlock. 4. The children are presently in the custody of CECILIA BROADWATER, who currently resides at 108 Rear South 18a SWeet, Camp I-fill, Pennsylvania 17011. 5. During the past five years, the children resided with the following persons and at the following addresses: Blame~ leremy Stephen Broadwater: For the past five years this child has lived with: December 1, 2001 through present - 105 Rear South 16~ Street, Camp I-rill, Pennsylvania with the Defendant January 6, 1991 through December 2001 - 108 Rear South 16~ Street, Camp I-rill, Pennsylvania with the Plaintiff and Defendant. BIame~ Cecilia Michelle Broadwater: For the past five years this child has lived with: December 1, 2001 through present- 108 Rear South 16~ Street, Camp I-rail, Pennsylvania with the Defendant December 19, 1992 through December 2001 - 108 Rear South 16~ Street, Camp Hill, Pennsylvania with the Plaintiff and Defendant 6. The Mother of the children is CECILIA BROADWATER, who currently resides at 108 Rear South 16~ Street, Camp Hill, Cumberland County, Pennsylv~ 17011, with the subjects of this petition. The Mother is married to the natural Father. 7. The Father of the child is GEORGE D. BROADWATER, whose mailing address is I~R. g2, Box 355, Landisburg, Cumberland, Pennsylv~ 17040. The Father is married to the natura~ M°ther'8. The Plaintiff has not partidpated as a party or wimess, or in another capacity, in othe litigation concerning the custody of the children in this or another court, except as provided below: Cecilia Broadwater Cumberland County Court of Common Pleas 02-5934 PFA V. George Broadwater 9. The Plaintiff does not know of a person not a party to the proceedings, who 1~ physical custody of the children or claims to have physical custody or visitation rights with respect the children. 10. The best interests and permanent welfare of the child will be served by granting relief requested because: a). The Plaintiff can provide the child with a home with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b). The Plalntitfis willing to continue custody of the chi/d; c). The Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 11. Each Parent whose Parental fights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a fight to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: ~tdress Ba ~i.q ofClalm NONE WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an Order granting custody, partial custody or visitation of the children to the Petitioner, George D. Broadwater, the natural father of the children in accordance with any Stipulation of the parties, or in the event the parties are unable to execute such a Stipulation, to enter an Order granting custody, partial custody, or visitation of the children to the Petitioner. Respectfully submitted, ~E~u/re ~ 2108 Market Street, Aztec Building Camp/-Yfll, Pennsylvania 17011-4706 /D~ 84745 Tel. (717) 763-1800 GEORGE D. BROADWATER Plaintiff VS. CECITJ& F. BROADWATER, Defendant : IN THE COURT OF COMMON PI.F. AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, George D. Broadwater, state that I am the Plainfiffin the above-captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I reali,.e that false statements herein are subject to the penalties for un.~worn falsification to authorities under 18 Pa. C.S. § 4940. Date: ~/- GEORGE D. BROADWATER PLAINTIFF CECILIA F. BROADWATER DEFENDANT IN 'FILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1634 CIVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, Friday, April 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq._ , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, May 08, 2003 at 1:00 PM 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 also be present at the conference. Failure to avl~ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 GEORGE D. BROADWATER Plaintiff VS. CECILIA F. BROADWATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1634 : : CIVIL ACTION - AT LAW : CUSTODY STIPULATION 1. The pm-ties shall have shared legal custody of the minor children. 2. Plaintiff shall have periods of partial custody with Cecilia Michelle Broadwater and Jeremy Stephen Broadwater each and every Saturday from 12:00 p.m. until 6:00 p.m., beginning May 10, 2003. 3. The Parties shall have the pickup and transfer of the children completed at the CVS Pharmacy at the West Shore Plaza, Cumberland County, Pennsylvania. 4. Plaintiff, George Broadwater agrees that he shall exercise his custodial periods with the children alone, and without female friends until the children establish a continual relationship with Plaintiff. 5. Plaimiff agrees that he shall not consume alcohol before picking up the children or at anytime he has the children in his custody. 6. Should Defendant, Cecilia Broadwater, need to take the children to their maternal grandmother, for visitation, she shall be entitled to do so one Saturday per momh and should she exercise this right, Plaintiff shall be given an alternate period of partial custody during the week from 4:00 p.m. until 9:00 p.m. at a day agreed upon by the Parties. Father shall have children with him on Father's Day from 12:00 p.m. until 6:00 p.mo 8. Mother shall have children on Mother's day. 9. The Parties agree to further review and evaluate this visitation schedule on June 30, 2003 to further reach an agreement on summer vacations and holidays. geD. Broadwater, Plaintiff Date Cecilia F. Br'oadw~ter, Defendant / Da~e GEORGE D. BROADWATER Plaintiff VS. CECILIA F. BROADWATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1634 : CIVIL ACTION - AT LAW : CUSTODY ORDER OF COURT AND NOW, this ,.~ day of ~ 2003, upon consideration of the attached Stipulation of the Parties in the above-captioned matter, consisting of 1 page and bearing the written consent of the Parties, AND upon direction of this Court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: ~,,, .,~trick F. Lauer, Jr., Esq., 2108 Market Street, Camp Hill, PA 17011 ~Peggy Simok, Esq., Mid Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 JUN ]7 ~003 ~ GEORGE D. BROADWATER Plaintiff VS. CECILIA F. BROADWATER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLA2qD COUNTY, PENNSYLVANIA 03-1634 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 12TM day of June~ 2003 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator GEORGE D. BROADWATER Plaintiff, VS. CECILIA F. BROADWATER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1634 CIVIL ACTION- AT LAW CUSTODY PETITION TO MODIFY PARTIAL CUSTODY ORDER 1. The petition of George D. Bmadwater respectfully represents that on June 5, 2003 an Order of Coutt was entered for partial custody, a true and correct copy of which is attached. 2. This Order should be modified because the current order was meant to be temporary in nature and visitation issues were to be resolved or revisited on or by June 30, 2003. Currently, the issues that were not resolved by that order remain unresolved. WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the children. Respectfully Submitted, Marlin(L. Markley, Esquire Attorney for Petitioner GEORGE D. BROADWATER Plaintiff, VS. CECILIA F. BROADWATER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1634 : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I verify that the statements made in this complaint are tree and correct. I understand that false statements herin are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Petitioner GEORGE D. BROADWATER : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA GEORGE D. BROADWATER PLAINTIFF V. CECILIA F. BROADWATER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-1634 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COIYRT AND NOW, Thursday, July 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesbur§, PA 17055 on Wednesday, August 13, 2003 at 1:30 PM 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours 10rior to scheduled hearing. FOR THE COURT. By: Is/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cmnberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 George D. Broadwatcr, Plaintiff VS. Cecilia F. Broadwater, Defendant :IN THE COURT OF COMMON PLEAS : :OF CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 03-1634 CIVIL TERM : :IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE I, Margaret Simok, withdraw my appearance as attorney of record for Cecilia F. Broadwater, the defendant in the above-captioned case. Date Marga/~t Simok, Attorney at Law MidPenn Legal Services, Inc. 213-A North Front Street Harrisburg, PA 17101 PRAECIPE TO ENTER APPEARANCE I, Bryan S. Walk, enter my appearance as attorney of record for Cecilia F. Broadwater, the defendant in the above~captioned case. Date Law Offices o f J~/a~m~~ ~~k, A~/t~omey at Law 134 Sipe Avenue Hummelstown, PA 17036 Connelly GEORGE D. BROADWATER, Plaintiff VS. CEC1LIA F. BROADWATER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1634 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT cons~de ed Co a n Rep ~rected as follows: 1. The prior Order of this Court dated June 5, 2003 is vacated and replaced with this Order. The prior Order of this Court dated February 12, 2003 (Protection from Abuse) is modified to the extent of any inconsistencies with this Order. 2. The Father, George D. Broadwater, and the Mother, Cecilia F. Broadwater, shall have shared legal custody of Jeremy Stephen Broadwater, born January 6, 1991, and Cecilia Michelle Broadwater, born December 19, 1992. 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-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children during alternating weekends on Saturday from 10:00 am until 7:00 pm and on Sunday from 11:00 am until 7:00 pm, beginning Saturday, September 20, 2003. In the event the Children contact the Mother requesting permission to stay overnight at the Father's residence during a period of custody, or the Children's counselor determines that they are ready for overnight periods of custody with the Father, the Mother shall not withhold her consent. 5. The parties agree to contact the Children's counselor (through legal counsel, if appropriate) to request that the counselor address the issue of overnight periods of custody with the Children. 6. The parties shall share having custody of the Children on holidays as follows unless other arrangements are established by agreement: A. CHRISTMAS: The Mother shall have custody of the Children from Christmas Eve at 6:00 pm through December 26 at 9:00 am and the Father shall have custody on December 26 at 9:00 am until 9:00 pm. In the event the Father misses a regular weekend period of custody with the Children due to the Christmas holiday schedule, the parties shall schedule a make-up period for the Father. B. THANKSGIVING: The Father shall have custody of the Children on Thanksgiving Day from 9:00 am until 3:00 pm, and the Mother shall have custody on Thanksgiving Day beginning at 3:00 pm. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 am until 9:00 pm. D. MEMORIAL DAY / JULY 4TH/LABOR DAY: The parties shall share having custody of the Children on Memorial Day, July 4th and Labor Day, with the specific arrangements to be established by agreement. E. Unless otherwise specified in this provision, the holiday custody schedule shall supercede and take precedence over the regular custody schedule. 7. The parties shall attempt to establish summer vacation custody arrangements by agreement by April 1, 2004. hi the event the parties are unable to reach an agreement, counsel for the parties may contact the conciliator to schedule an additional custody conciliation conference to address the summer vacation schedule. 8. In the event the Father is unavailable to provide care for the Children during a period of custody for a period in excess of one hour, the Father shall make a reasonable effort to contact the Mother to offer the opportunity to provide care for the Children before making arrangements with a third party caregiver. 9. The parties shall communicate directly with each other on issues concerning the Children. 10. The Father may contact the Children's school and the Children's counselor regarding the Children. The Father may go to the Children's school for activities or meetings, but shall not remove the Children from school without the prior written consent of the Mother. 11. Contact between the Father and the Children outside the block immediately surrounding the Mother's residence (Dickinson Avenue, Columbia Avenue, 16th Street and 17th Street) shall not constitute a per se violation of the February 12, 2003 Protection Order. 12. The Father shall not consume alcohol preceding or during his periods of custody with the Children. The Father shall not have contact with the Children at any time when he is under the influence of alcohol. The Mother shall refrain from consuming alcohol to the point of intoxication during her per/ods of custody with the Children. 13. The parties shall exchange custody of the Children at the CVS Store in the West Shore Plaza unless otherwise agreed between the parties. The parties shall ensure that all exchanges of custody are conducted in a civil and cooperative manner for the benefit of the Children, 14. 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. Edgar B. Bayley ~ J. cc: Marlin L. Markley, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother GEORGE D. BROADWATER, Plaintiff VS. CECILIA F. BROADWATER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1634 CWIL ACTION LAW IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeremy Stephen Broadwater Cecilia Broadwater, ("Miehelle") January 6, 1991 December 19, 1992 Mother Mother 2. A Conciliation Conference was held on September 11, 2003, with the following individuals in attendance: The Father, George D. Broadwater, with his counsel, Marlin L. Markley, Esquire, and the Mother, Cecilia F. Broadwater, and her counsel, Bryan S. Walk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date /5-1 o oa 3 Dawn ~ Custody Conciliator