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HomeMy WebLinkAbout03-2690TIA C. SINGER, Plaintiff JASON H. BRAZELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~/at?O CIVIL TERM CIVIL ACTION - LAW 1N CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, Pennsylvania 17013 (717) 249-3166 TIA C. SINGER, Plaintiff JASON H. BRAZELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- a~ 6~o CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Tia C. Singer, an adult individual who currently resides at 178 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. Defendant Jason H. Brazell, is an adult individual whose place of residence is 640 Mickey's Inn Road, Lot 72, Chambersburg, Franklin County, Pennsylvania. The parties are the natural parents of Austin Tyler Brazell, bom April 5, 2000. The child was bom out of wedlock. Since birth, the child has resided with the following persons at the following addresses for the following lengths of time: 178 Country View Estates Newville, PA NAM~ TiaC. Singer 640 Mickey's Inn, Lot 72 Charnbersburg, PA Tia C. Singer Jason H. Brazell Nancy Brazell Henry Brazell 3020 Fisher Road Chambersburg, PA Tia C. Singer Jason H. Brazell single. DATI~.~q April 2002 to present October 2002 to April 2002 April 2000 to October 2000 6. The natural Mother of the child is the Plaintiff, who resides as foresaid. She is 7. The natural Father of the child is the Defendant, who resides as foresaid. 8. The relationship of the Defendant to the child is that of natural Father. The Defendant is currently incarcerated. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Tia C. Singer, respectfully requests this Honorable Court to enter an Order of Court for custody. Date: ,JUN 0 2003 Respectfully submitted, ~'~Sy f'o¢~eh"~ lea? n ~re One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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. § 4904, relating to unswom falsification to authorities. TIA C. SINGER, Plaintiff JASON H. BRAZELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- c~&~ o CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between TIA C. SINGER, hereinafter referred to as "Mother" and JASON H. BRAZELL, hereinafter referred to as "Father". WHEREAS, Mother is an adult individual who currently resides at 178 Country View Estates, Newville, Cumberland County, Pennsylvania; WHEREAS, Father is an adult individual whose place of residence is 640 Mickey's Inn Road, Lot 72, Chambersburg, Franklin County, Pennsylvania; WHEREAS, the parties are the natural parents of Austin Tyler Brazell, born April 5, 2000; WHEREAS, Mother is represented in this matter by legal counsel, Thomas S. Diehl, Esquire, and Father has chosen to pursue this matter pro se; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of temporary physical custody belonging to Father on alternating weekends, from 4:00 p.m. Friday through 7:00 p.m. Sunday. 3. The parties shall have alternating physical custody of the child during the holidays, such that: (a) The Christmas Holiday shall be divided into two blocks: Block One from noon Christmas Eve until noon Christmas Day; and Block Two from noon Christmas Day until noon December 26th. In odd-numbered years, Mother shall exercise custody of the child during Block One, and Father during Block Two. In even-numbered years, Father shall exercise custody of the child during Block One, and Mother during Block Two. (b) The Thanksgiving Holiday shall be divided into two blocks: Block One from noon the Wednesday before Thanksgiving Day until noon Thanksgiving Day; and Block Two from noon Thanksgiving Day until noon the Friday after Thanksgiving Day. In odd-numbered years, Mother shall exercise custody of the child during Block One, and Father during Block Two. In even-numbered years, Father shall exercise custody of the child during Block One, and Mother during Block Two. (c) The holidays of Memorial Day and Labor Day shall be divided into two blocks: Block One from 8:00 a.m. until 3:00 p.m.; and Block Two from 3:00 p.m. until 10:00 p.m. In odd-numbered years, Mother shall exercise custody of the child during Block One, and Father during Block Two. In even-numbered years, Father shall exercise custody of the child during Block One, and Mother during Block Two. 4. Father shall enjoy custody of the child on Father's Day, and Mother shall enjoy custody of the child on Mother's Day. 5. Transportation of the child shall be equally shared by the parties. 6. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 7. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 8. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from 'the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 9. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of 4 custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. 12. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Defendant herein specifically acknowledges that he has chosen to proceed in this matter without legal counsel, and furthermore specifically acknowledges that he is aware of his right to consult with counsel before signing the within Agreement, and has voluntarily and freely chosen not to exercise that right. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. WITNESS: ~'~ia C. Si6_ger. Mother J~t4~on H. Brazell, Fathe~r 5 JUN 1 0 2003 TIA C. SINGER, Pl~ntiff JASON H. BRP.77~I I.. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003---2C 'V 0 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this [ ~) day of ,~ I[~ ~ 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. TIA C. SINGER, Plaintiff JASON H. BRAZELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- S/at/O CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against: you. You are warned that if you fail to do so, the case may proceed without you amd a judgment :may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, Pennsylvania 17013 (717) 249-3166 TIA C. SINGER, Plaintiff JASON H. BRAZELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- o~. ~o'~o CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Tia C. Singer, an adult individual who currently resides at 178 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. Defendant Jason H. Brazell, is an adult individual whose place of residence is 640 Mickey's Inn Road, Lot 72, Chambersburg, Franklin County, Pennsylvania. 3. The parties are the natural parents of Austin Tyler Brazell, bom April 5, 2000. 4. The child was bom out of wedlock. 5. Since birth, the child has resided with the following persons at the following addresses for the following lengths of time: NAM~ Tia C. Singer Tia C. Singer Jason H. Brazell Nancy Brazell Henry Brazell ADDR~RS 178 Country View Estates Newville, PA 640 Mickey's Inn, Lot 72 Chambersburg, PA DATI~S April 2002 to present October 2002 to April 2002 Tia C. Singer 3020 Fisher Road April 2000 to Jason H. Brazell Chambersburg, PA October 2000 6. The natural Mother of the child is the Plaintiff, who resides as foresaid. She is single. 7. The natural Father of the child is the Defendant, who resides as foresaid. 8. The relationship of the Defendant to the child is that of natural Father. The Defendant is currently incarcerated. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Tia C. Singer, respectfully :requests this Honorable Court to enter an Order of Court for custody. Date: .JUN 0 4 2003 Respectfully submitted, One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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. § 4904, relating to unsworn falsification to authorities.