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HomeMy WebLinkAbout07-5284TONYA LEIGH BRUCE, vs. ORLANDO SEAN DERICK PiJTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07- ~~ ~y CIVIL TERM CUSTODY Plaintiff COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Tonya Bruce, hereinafter referred to as Mother.. Mother's permanent residence is 129 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Orlando Putman, hereinafter referred to as Father. Father's current address is 2426 North Fifth Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. Mother seeks periods of visitation with the minor child: Name Present Residence Age Ashley Mae Bruce 2426 North Fifth Street 2/9198 DOB; 9 i/s you Harrisburg, PA 17110 The child, Ashley Mae Bruce, was born out of wedlock. The child is presently in the custody of Father. 4. During her lifetime, Ashley has resided with the following persons and at the following addresses: Name Address Date Tonya Bruce 2217 Princeton Ave - 2°d Fl. Birth - 6/98 Terrie Bruce Camp Hill, PA Robert Bruce Michael Rader Tonya Bruce 155 Columbia Ave 6/98 -11/8/99 Terrie Bruce Enole, PA Robert Bruce Michael Rader CYS Foster Family Newville, PA 11/99 -12/99 Orlando Putman Lisa Putman 3-4 of Lisa's children 1 child born to the Putman's Orlando Putman Elizabeth House The parties are separated. several unknown addresses in Dauphin County 2426 North Fifth Street Harrisburg, PA 17110 5. Mother currently lives with the following persons: Name Donna Vogelsong Allyssa Vogelsong 6. Father currently resides with the following persons: Name Ashley Mae Bruce Elizabeth House 12/99 -early 2006 early 2006 -present Relationship Friend Friend's Daughter Relationship Daughter with Mother Paternal Grandmother 7. On November 15, 1999, The Honorable Judge Edward Guido entered a Custody Order following an investigation by Cumberland County Children and Youth Services in regard to allegations against Mother. In accordance with that Order, the minor child was placed in Father's custody. 8. On December 23, 1999, The Honorable Judge Edward Guido modified the November 15, 1999, Order to provide Mother with periods of visitation, supervised by the maternal grandmother, on alternating weekends from 9:00 a.m. until 5:00 p.m., beginning on January 1, 2000. 9. According to information obtained by Cumberland County Children and Youth Services, these prior Orders were entered on the Juvenile Docket at 99-0214. Due to restrictions on Children and Youth Services, Mother's counsel was unable to obtain a copy of the Orders from the Children and Youth files and the Orders cannot be found in the Prothonotary's Office under the Docketing Number or under the names of Mother, Father or the minor child. As such, no copies of the Orders can be attached to this Complaint. 10. Mother does not know of a person not a party to the proceedings who has physical custody of Ashley or claims to have custody or visitation rights with respect to Ashley. 11. The best interest and permanent welfare of Ashley will be served by granting the relief requested for reasons including, but not limited to the following: a) From 1999 until 2006, Mother exercised her visits on alternating weekends and complied with the supervision requirement. b) Mother has a safe environment in which to exercise her periods of visitation and the maternal grandmother is still willing and able to supervise the visits. c) Mother has tried to maintain a relationship with Ashley and has been trying to receive help to enforce the custody schedule that was in place after the Children and Youth investigation. 12. Father has not acted in Ashley's best interest in ways including but not limited to the following: a. In 2006, Father and his wife divorced and Father moved several times. These disruptions in Father's life interfered with Mother's ability to exercise her periods of visitation and she was able to see Ashley on only three occasions in 2006. b. Father has been inconsistent and arbitrary in allowing Mother to exercise her periods of visitation with Ashley. c. Mother is willing to work with Father to care for Ashley and demonstrate$ genuine support for the father/daughter relationship between Father and Ashley, even while maintaining her mother/daughter relationship with Ashley. d. Father's interference with the mother/daughter relationship is detrimental to Ashley and does not serve her best interests. 11. Every person with rights to custody or having actual physical custody of Ashley has been named as parties to this action or has been provided with notice of this action. WHEREFORE, Mother respectfully requests that the Court order the following: a. The parties shall have shared legal custody of Ashley. b. Father shall have primary physical custody of Ashley. c. Mother shall have periods of visitation, supervised by the maternal grandmother, on alternating weekends from 9:00 a.m. unti15:00 p.m. Respectfully submitted, J ca H st, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Tonya Leigh Bruce, verifies that the statements made in the above Complaint To Confirm Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date To a B e TONYA LEIGH BRUCE, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07- CIVIL TERM CUSTODY ORLANDO SEAN DERICK PUTMAN, Defendant AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Orlando Putman, with a Complaint To Confirm Custody on Si ~ ~-, 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Orlando Sean Derick Putman 2426 North Fifth Street Harrisburg, PA 17110 Date: 9• y • ~ Signature: C" ~ ~' ~ --~ ~:;~'- ~ n~ '.~ ~ ~7 ~_' - 4 ~ s~c'~ C"] ^~c~ r _ ~ .= "T9 ~ ' V , _ ~ ..M~ ~ X1 1 ~ ~_t `'`{ t.S` j :..{ G+:S TONYA LEIGH BRUCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.07- S'~ ~ y CIVIL TERM ORLANDO SEAN DERICK PUTMAN, Defendant :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya Bruce, Plaintiff, to proceed in forma au ris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. es i a Ho st, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717}243-9400 i ~ N ° ~. ~ ~,~- ~ c r~ t~ ~ ~~ C~ - ti ~ .. ~„Q , ~~'Sl N ~ ~ + ~ f w ` ' ~+ _ ,rL . TONYA LEIGH BRUCE IN THE COUR OF COMMON PLEAS OF PLAINTIFF CUMBERLAN COUNTY, PENNSYLVANIA ~' 2007-5284 CI [L ACTION LAW ORLANDO SEAN DERICK PUTMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 12, 2007 , up it is hereby directed that parties and their respective counsel appear be at 39 West Main Street, Mechanicsburg, PA 17055 on for aPre-Hearing Custody Conference, At such conference, an effort if this cannot be accomplished, to define and narrow the issues to be r order. All children aRe five or older may also be present at the confer provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all Special Relief orders, and Custody orders to the conciliator 48 ha FOR. THE COURT, By: /s/ Dawn 3. Custody consideration of the attached Complaint, Dawn S. Sunday, Esq. ,the conciliator, ay, October 09, 2007 at 9:00 AM , be made to resolve the issues in dispute; or by the court, and to enter into a temporary . Failure to appear at the conference may Ming Protection from Abuse orders, prior to scheduled hearin¢. The Court of Common Pleas of Cumberland County is equired by law to comply with the Americans with Disabilites Act of 1990. For information about accessible f ilities 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, b fore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AT' HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO Tt FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE Cumberland County B 32 South. Bedfo~ Carlisle, Pennsylva~ Telephone (717) ORNEY AT ONCE. IF YOU DO NOT OR TELEPHONE THE OFFICE SET AL HELP. r Association Street is 17013 49-3166 ~~ LO•F1~b ~,_, <o Ord .,~p 2'.~ c.o~~~b .sx ~. ' l~iN~R`L4SNN3d J~.3.~~ ~~ ;qtr ~-~u ~~~i~J 6 Z ~~! Wd £ I d35 C~Dz l~l~flCk~.t~3d , .~~~~ ,~ TONYA LEIGH BRUCE Plaintiff vs. ORLANDO SEAN DERICK PUTMAN Defendant JAN 0 7 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5284 CIVIL ,ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~ 2008, upon consideration of the attached Custody Conciliation eport, it is or ered and directed as follows: 1. The Father, Orlando Sean Derick Putman, shall have primary physical and legal custody of Ashley Mae Bruce, born February 9, 199$. 2. The Mother, Tonya Leigh Bruce, shall have partial physical custody of the Child on alternating Saturdays from 9:00 a.m. unti15:00 p.m. 3. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for exchanges of custody, which shall take place at the parties' respective residences. 4. The Mother shall promptly provide the Father with her current address and telephone number. Thereafter, each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. S. The Mother shall be present with the Child at all times during periods of partial custody. 3 6. Within sixty (60) days of the date of this Order, counsel for either party or a party pro se may contact the conciliator to request the scheduling of a follow-up custody conciliation conference to address the issue of expanding the Mother's periods of partial custody to include overnights. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY OURT, Edward E. Guido J. cc: Jessica Holst, Esquire -Counsel for Mother ~4~t ~, rri~ ~l•~ Orlando Sean Derick Putman -Father ~ 4`08 ;~~, ;~t ~~_, ~ ~"~ ~ ~,~i~ cp ~8 ~~# 6- ~~f ~~~~ Ad`dlU~~~~i_; {~~3 ~Hi ~~ TONYA LEIGH BRUCE Plaintiff vs. ORLANDO SEAN DERICK PUTMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5284 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Mae Bruce February 9, 199$ Mother 2. A custody conciliation conference was initially held on October 8, 2007 at which time it was determined that service on the Father had not been complete and the Mother and her counsel had been unable to obtain a copy of the prior Custody Order which was entered in this matter on the Juvenile Docket. Therefore, the conference was rescheduled and held on November 1, 2007, at which time the following individuals were in attendance: the Mother, Tonya Leigh Bruce, with her counsel, Jessica Holst, Esquire, and the Father, Orlando Sean Derick Putman, who is not represE;nted by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. However, at the time of the November 1, 2007 conference, the Father indicated that he believed an Order had previously been entered in the Dauphin County Court concerning custody of the Child. The conciliator agreed to hold the submission of a proposed Order and Report until the Mother's counsel had an opportunity to check the Dauphin County Docket for any orders currently in effect. On January 2, 2008, the Mother's counsel confirmed that there are no pending custody proceedings or orders in Dauphin County and requested that the Order be entered pursuant to the parties' agreement at the l~ovember conciliation conference. The conciliator recommends an Order in the form as attached reflecting the parties' agreement. r ~~ a~0 Date ~ ~ F Dawn S. Sunday, Esquire Custody Conciliator