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HomeMy WebLinkAbout03-3225 JENNIFER BRINTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03 - j.;l.. J"S IN CUSTODY WILLIAM L. BRINTON, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Jennifer Brinton, residing at 7073 Carlisle Pike, #85,Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is William L. Brinton, residing at 545 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Kristopher Brinton 7073 Carlisle Pike, #85 Carlisle, P A 11104/00 2 The child was not born out of wedlock The child is presently in the custody of Jennifer Brinton who resides at 7073 Carlisle Pike, #85, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jennifer & William Brinton 110 Petersburg Road Carlisle, PAl 70 13 birth to 5-29-03 The mother of the child is Jennifer Brinton, currently residing at 7073 Carlisle Pike #85, Carlisle, PA 17013. She is married. The father of the child is William Brinton, currently residing at 545 First Street, Carlisle, PA 17013. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name No One Relationship 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Pam & Jesse Relationship Girlfriend & Girlfriend's child 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. RECEIVED JUL 052005''-' JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V, : NO. 2003-3225 CIVIL TERM WILLIAM L. BRINTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 5TH day of JULY, 2005, the ConcDiator being notified that the parties are satisfied with the prior Order of Court and that another Conciliation Conference is unnecessary, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Conciliator ~ "".... ""U i..~:~; nlrr ;:"", :c 21.:. (j),,< -.c"" r.::c:: ~. ~~ ~.- Z,~~~_ )>c -/ ~ ~ gs c.ro ~ .- , Cf' ~ ~F "tlm -JJO b.l. ""Q; I~n Qo ~-rrl 9 ~ '< ~ 9 Ul C" 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name N/A Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the child with Mother. Respectfully submitted, ROMINGER & BAYLEY Date: 7- CY-Of ttt~~~~ 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 89028 Attorney for Plaintiff 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. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. RO^I~~ ~~~\ J&fer Brinton, Plaintiff ~,~ ~~ (;:j 't- .' i-.i ''LJ \) ~ '-i :":\ ~. "', ". ;-, C" c'\\ ,\,'~' .~ , .... ':-.... \,~ \,' ~ , }' '\ (;'\, '~ (', ~ ~" ,"' '~ h '~, ,,~.l,,~ ~ ;- " " ':' " -r"; r,l --.. . ()' r<~ "-; -- :'V-' n c ~.~ , " JENNIFER BRINTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3225 CIVIL ACTION LAW WILLIAM L. BRINTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq, , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, Au~ust 11, 2003 at 10:30 AM 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 defme 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 prior to scheduled hearinl(, FOR THE COURT, By: /s/ Jacqueline M, VernlOl, Esq. Custody Conciliator v 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 TIUS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE Tim 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 , ~~.~ ~~~ .6 K ~~M ~.-p~~~~'P9 \IINV^lJ..SNN3d i,i~)f'1"(' r""f",nt"!Nn8 S I :'] Hd i !lilr 80 AHq1Ci'.j,-,!;" :10 :;:::;l:LCr-G_:-'L! @ J/.c. ['~,/J-i. ['c-;.//.L, JENNIFER BRINTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-3225 WILLIAM L. BRINTON, Defendant IN CUSTODY STIPULA 1JQ~_RF,-G4cl!PJNGCUST.9DY NISIT A TION: Plaintiff Jennifer Brinton, hereinafter referenced as "Mother," and Defendant William L. Brinton, hereinafter referenced as "Father," hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Kristopher Brinton, born November 4,2000, hereinafter referenced as "Child:" I. Mother and Father will share legal custody of the child as defined in 23 Pa. C.S.A. ~5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. s5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of child subject to periods of visitation with the Father. 4. Father, during his week off during work, shall have five (5) consecutive days with child a month. Also, Father shall have visitation with child one (I) weekend a month. 5. Father may also have additional time with child, as long as he provides 48 hours notice to Mother. 6. Mother and Father shall mutually agree upon the holidays. 7. The parties shall have reasonable telephone and e-mail contact with the child while the child is in the other's custody. 8. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 9. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 10. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Michael J. Whare, Esquire. If Father does not seek the advice of an attorney, he does so knowingly and voluntarily. II. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: 7-/5 '0:3 Date ~c 1 .--- \ '/" " I .', .' ,. " ". ''''''- C i'lL' , J6>l.,r{l-('-'-'~ J, . fer Brinton '. ,..." " > I ,.-:;,' / ( , /0,1 /~_. j f.J // Michael 1. Whare, Esquire WJ~d~~ William Brinton Date 7 /~/tfJ.J Date Date Witness r 2003 JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2003-3225 CIVIL TERM WILLIAM L. BRINTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this lih day of August, 2003, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, . cq line M. Verney, iO:~OdY Conciliator VlNV^1\SNN:Jd ),JNnOO G. -;~ql~n8 ; U :1: "~ 7 I ~:;I\J CO " cO A JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION ., LAW : NO, 03-3225 WILLIAM L. BRINTON, Defendant : IN CUSTODY STIPULATION REGARDING CUSTODYIVISITATlON Plaintiff Jennifer Brinton, hereinafter referenced as "Mother," and Defendant William L. Brinton, hereinafter referenced as "Father," hereby agree to the fo)llowing terms in an Order defining custody and partial custody rights and responsibilities in relation to Kristopher Brinton, born November 4,2000, hereinafter referenced as "Child:" 1. Mother and Father will share legal custody ofthe child as defined in 23 Pa. C.S.A. ~5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. ~5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. father shall have primary physical custody of the child subject to periods of visitations with the Mother. 4. Father shall have primary custody of the child subject to liberal periods of visitation with Mother, maternal grandmother, and paternal great-grandmother, as the parties agree. 5. Mother and Father shall mutually agree upon the holidays. The parties shall have reasonable telephone and e-mail contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence ofthe child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement ofthe parties. 8. The parties hereto acknowledge that they haye had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Michael J. Whare, Esquire. Father's attorney is Mark A. Mateya, Esquire. 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. 1\ .1.-.0. - c)? p_ 9 c.=J2~ ~;BRiNTON - Date \ \ ~dlo- 6] Date . :Laf\U 00 fr: Pitf Witness d~~B~-rJt\- WILLIAM L. B TON ) j-dV-O:!i Date It - Ol-Ic- 03 Date c_ ) .. 1/ rr . ~~ '" ~"'~ Witness CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition to ModifY Custody and Visitation on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: Jennifer Brinton 7073 Carlisle Pike Lot #85 Carlisle P A 17013 Dated: l '1-(~10 ~ ~Q.~ Mark A. Mateya, Esquire 407 North Front Street Harrisburg P A 17108-1848 717238-7151 (') ....., ~ = ~; ~ ...., c::J ::::! P"l ffi-" n .. 1'., -om :D6 w 0 :r::'~ ::-i! :P, ("")...:.- _i._ '~O ;'\m ==1 ,-, -, -~ --< - ORIGINAL If ,JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS DEe 2 Ii zrm L- : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW : NO, 03-3225 WILLIAM L. BRINTON, Defendant : IN CUSTODY ORDER AND NOW, this 2- 'l' day of ~ ,2003, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: I. Mother and Father will share legal custody of the child as defined in 23 Pa. C.S.A. 95302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. 95309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Father shall have primary physical custody of the child subject to periods of visitations with the Mother. 4. Father shall have primary custody of the child subject to liberal periods of visitation with Mother, maternal grandmother, and paternal great-grandmother, as the parties agree. 5. Mother and Father shall mutually agree upon the holidays. The parties shall have reasonable telephone and e-mail contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging 1 t\ 1fl'i1Cr' ...' I .,' (, ," \ " " ' . ~:/I "".J , /\H<f/:," (~,I,'.". ,,-';'jC"I'.,n" ._"..\..< .. \J 8 \ : i ni 52 83Q (GUl remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Michael J. Whare, Esquire. Father's attorney is Mark A. Mateya, Esquire. 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. BY THE COURT: -7' A"- IJ-:J-6:, ~~ ~ ;b J-et4M!er ~r;n~ /lktK 4 ~CL. b>3 J. ORIGINAL '{ JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS DEe 2 ff llII3L : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION .. LAW : NO, 03-3225 WILLIAM L, BRINTON, Defendant : IN CUSTODY ORDER AND NOW, this 2- ,. day of ~ , 2003, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: 1. Mother and Father will share legal custody of the child as defined in 23 Pa. C.S.A. S5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. s5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Father shall have primary physical custody of the child subject to periods of visitations with the Mother. 4. Father shall have primary custody of the child subject to liberal periods of visitation with Mother, maternal grandmother, and paternal great-grandmother, as the parties agree. 5. Mother and Father shall mutually agree upon the holidays. The parties shall have reasonable telephone and e-mail contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging ~ ~ ."'., {,..\ ~ l' 1-" tr I..... .!, ,.' ,. ( . .' "" :: \....,< , .' j\J},T<-:I" (-.:',:':.,r:::-::UrW.~n8 8! : 1 [ld 52830 tOOl i,}~>;i,LC';',:()rtLC~~::l 3141 :!O ::1.:': -.\:',iO-03": i_:l --. remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Michael J. Whare, Esquire. Father's attorney is Mark A. Mateya, Esquire. 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. BY THE COURT: -r'AJk IJ~'!J--6~ ~~ ~ ;b J-e~!e( ~r;",,~ ~K- 4 ~Cc-, ~J 1. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WILLIAM L. BRINTON, Defendant : NO. 2003 - 3225 CIVIL TERM : IN CUSTODY ~ Present Residence Age PETITION FOR MODIFICATION AND NOW comes the plaintiff, Jennifer Garman (formerly Brinton), by her attorney, Nathan C. Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The plaintiff is Jennifer Garman (formerly Brinton), an adult individual residing at 6 South High Street, Newville, GJrnberland County, Pennsylvania, 17241. 2. The defendant is William L. Brinton, an adult individual with a mailing address of 45 Country View Estates, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely: Kristopher Btinton 45 Country View Estates Newville, PA 17241 4 years DOB 11/04/2000 4. The child is presently the subject of an Orderfor Gtstody issued December 23,2003, providing for primary physical custody of the child with Father subject to liberal periods of visitation with Mother as per the agreement of the parties, including shared holidays by agreement. The parties also share legal custody of the child. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A 5. Since the issuance of said Order, presented to the Court as a stipulated agreement, there had been initial compliance to the satisfaction of the parties. Father has, in fact, permitted Mother to have periods of partial physical custody of the child without requiring herto be subject to the supervision of another adult, including some overnight visitation. 6. The current Order came about during a time where Mother was abusing drugs and alcohol and became involved in some criminal activity as a result of said addiction. When Mother recognized her addiction, she voluntarily relinquished primary physical custody of the child to Father. 7. Since the issuance of that Order, Mother has not used drugs for one year, as of April 1, 2005, and successfully completed drug rehab in April of 2004. 11. Mother has a good relationship with the child and shares a bond with him. 8. As a result of the criminal charges, Mother is currently serving an Intermediate Punishment sentence of 7 years which commenced on September 24,2004. 9. Mother is gainfully employed and Mother has resided alone at the above address for approximately three months. 10. Mother seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 12. Father has resided at the above address for approximately six months, with his girlfriend, Pamela Riley and her two children, Austin, age 8 and Jessica, age 3, in addition to the child who is the subject of the instant petition. 13. Mother has obtained information that Father's girlfriend is attempting to regain custody of her son, Quentin, age 6, whom Mother believes to have a serious mental health history involving self- mutilation and, has also been accused of dangerous behaviors towards others, including possible molestation of other children and pyromania. 14. Mother believes and therefore avers that if this child is permitted to reside with Father's girlfriend, in the same home as Quentin, that the child will be exposed to an unduly dangerous situation and that this should, therefore, not be permitted. 15. Mother has not been asked her opinion concerning this situation by Father and believes that Father has no intention of allowing Mother's opinion to be known until after Quentin has moved to Pennsylvania. 16. Mother learned that Father's girlfriend was seeking to regain custody of Quentin through others and not from Father directly. 17. Based on information and belief, Mother avers that Father's girlfriend was incarcerated for some period of time in 2004 and believes that such incarceration may have been related to accusations of her abuse of her son, Austin. 22. Mother believes that the Father has sought to alienate the child from the love and affection of Mother and believe that he will accuse her of engaging in such action directed towards the Father. 18. Mother has significant fears that in allowing the child to be exposed to a potentially dangerous situation Father has not acted in the child's best interests. 19. Mother seeks to protect her child from this situation and believes that the best means to do so would be for the child to be in her primary physical custody. 20. Mother recognizes that this result may have to be gradual and, provided Quenrin is not immediately living in the household with Father, Mother is willing to agree to a transition period to allow the child to acclimate to primarily living with Mother. 21. Furthermore, if the child Quenrin is not going to be joining Father's household, Mother is in agreement with enjoying partial physical custody of the child and in support thereof, avers the following facts in support of this request for modification. 23. Aside from the concerns Mother identified above, Mother has also been subject to Father's whims and desires in permitting visitation. 24. On more than one occasion, Father has conditioned Mother's visitation with her child on Mother agreeing to also baby-sit the children of Father's girlfriend. 25. Therefore, at a minimum, Mother seeks to have a modification of the custody order to permit her regular periods of partial physical custody on a weekly or alternating week basis, along with shared holidays and summer vacations. 26. Mother avers that the basis for her actions concerning her son is solely motivated by her concern for the child's best interests and permanent welfare. 27. Mother believes and therefore avers that it would be in the best interests of the child for the Court to issue an order granting shared legal custody to the parties, granting primary physical custody of the child to Mother and granting periods of partial physical custody to Father on an alternating schedule to accommodate Father' work schedule, providing for shared custody of the child on holidays, and providing for periods of uninterrupted custody during summers vacations with each party. Respec bmitted, 28. Mother believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, plaintiff, Jennifer Garman (formerly Brinton), prays this Honorable Court enter an Order granting the relief requested herein granting the parties shared legal custody, and for physical custody of the child to be set forth herein, and any other relief the Court deems appropriate. ~ o , Esquire 3 uth Hanover Street, Suite 201 Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff Dated: March _ 1--'), 2005 VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. March .d3.-, 2005 () ..., C""' 0 ~ C:"J -n \~ <J' .-l :',"" :-c-- ;:;-..) (";1 ,'- ~ f".> Yc3 ~. -"~ (':.,~(.: --- "- _, ~-,i) ~ '!-J "\ ";; () ;o::fT\ 'jJ "'- ":':1 , }...l :- ~, ~--" '" U1 ;.--. .J .~~) '-' -' ....c.: ';1..) ~ ~. ~ \ ..-,- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANI JENNIFER BRINTON v. 03-3225 CIVIL ACTION LAW WILLIAM L. BRINTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 30, 2005 , upon consideration of the attached 'omplaint, it is hereby directed that parties and their respective counsel appear before Jacqneline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse,~arlis~ on Tuesday, AfJril26, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issu s in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court. and to enter i to a temporary order. All children age five or older may also be present at the conference. Failure to appear at the co lference mav provide grounds for entry of a temporary or permanent order. The eourt hereby directs the parties to furnish any and all existing Protection from Abus orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Verney. Esq.__.~ .Y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with he Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable aecomm dations available to disabled individuals having business before the court, please contact our office. All rrangements must be made at least 72 hours prior to any hearing or business before the court. You must atten the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU [ 0 NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI E 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 -~ ~?J'1!;v ~ ~~ ~>o O~ [' b~W ffzv ? ~ 7K j{],J[>~ .J.-P('l' fr.;; ;2 ~~>V ~hP>7,;7 52 (},rp ~'" ,'. '/tl, il-'.'(:8 '") b .r' 1 j I ~.- ! '(.. ;'" '-:, Q:~ ~~!~J suez 'l'__.,_~;i';l ~!C , ,~! I ,I i-f RECEIVED MAY 0 4 7~O~ :Y JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-3225 CIVIL TERM : CIVIL ACTION - LAW WILLIAM L. BRINTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this q' day of /?1~ ,2005, upon consideration of the attached Custody Conciliation eport, It IS ordered and directed as follows: I. The prior Order of Court dated December 23, 2003 is hereby vacated. 2. The Mother, Jennifer Brinton, and the Father, William L. Brinton shall have shared legal custody of Kristopher Brinton, born November 4, 2000. 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. This means that both parents are entitled to all school and medical records. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody, as follows: a. Beginning May 5, 2005 every Tuesday and Thursday from 9:30 a.m. to I :30 p.m. b. Beginning May 7, 2005 Saturday from 10:00 a.m. to 5:00 p.m. c. Beginning May 14,2005 Saturday from 10:00 a.m. to Sunday at 6:00 p.m. d. The Saturday schedule shall alternate two weekends with the overnight and two weeks with the daytime to coincide with Father's weekend work schedule. e. Such other times as the parties agree. 5. to 7:00 p.m. 7:00 p.m. Mother shall have custody of the child on Mother's Day from 10:00 a.m. Father shall have custody of the child on Father's Day from 10:00 a.m. to 6. Thanksgiving shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in odd numbered years and , ' ~ ,., I, 61 :01 HV 6- ,i,VlHDDZ ----...' ~_.~_.._..-.- the later time in even numbered years and Father shaH have the earlier time in even numbered years and the later time in odd numbered years. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shaH have Block A in even numbered years and Block B in odd numbered years. 8. Easter shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. Father shall have the earlier time in even numbered years and the later time in odd numbered years. 9. Each party is entitled to two non-consecutive weeks in the summer provided they give the other party 60 days prior notice. 10. Each party will be entitled to one special event (i.e. family celebrations, weddings, reunions, birthday, etc.) per month provided they give the other party 48 hours prior notice. 11. Transportation shaH be as agreed by the parties. 12. In the event that Pam Riley resumes residency with Father, Father shall notifY his counsel within 48 hours. Counsel shall notify opposing counsel in a reasonable time thereafter. 13. In the event Mother violates the substance abuse restrictions of her probation, Mother shall notifY her counsel within 48 hours. Counsel shall notify opposing counsel in a reasonable time thereafter. 14. Neither party will knowingly allow the child to be in the presence of anyone who is a substance abuser or alcohol abuser. 15. 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. Another Conciliation Conference is scheduled for July 6,2005 at 8:30 a.m. BY THE COURT, .AA cc: Nathan C. Wolf, Esquire - Counsel for M Mark Mateya, Esquire - Counsel for Father ~ OJ - '1 - Q5 J. JENNIFER BRINTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2003-3225 CIVIL TERM : CIVIL ACTION - LAW WILLIAM L. BRINTON, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kristopher Brinton November 4, 2000 Father 2. A Conciliation Conference was held in this matter on May 3, 2005. Present at the conference were Mother, Jennifer Brinton, with her counsel, Nathan C. Wolf, Esquire and Father, William L. Brinton, with his counsel, Mark Mateya, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated December 23,2003 providing for shared legal custody, Father having primary physical custody and Mother having periods ofliberal partial physical custody as agreed by the parties. 4. The parties agreed to an Order in the form attached. ;'--"1-0:'- Date (\, IiI', .~~" ~ VI. & (.-'--.<( C , cq'lineM.Verney,Esquire t:J Custody Conciliator