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HomeMy WebLinkAbout03-5467STACEY E. BRYAN, Plaintiff KENNETH B. BRYAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA COMPLAINT FOR PARTIAL CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stacey E. Bryan, who resides at 8 Robin Drive, Shippensburg, Pennsylvania, 17257. 2. Defendant is Kenneth B. Bryan Jr. who resides at 75 Walnut Dale Road, Shippensburg, PA 17257. 3. Plaintiff seeks Primary Physical Custody and Shared Legal Custody of her children, Hayley Kay Bryan and Hannah Elizabeth Bryan. 4. The child, Hayley Kay Bryan, was bom on May 15, 1996 and is currently seven (7) years old. 5. The child, Hannah Elizabeth Bryan, was bom on May 5, 2000 and is curremly three (3) years old. 6. The children, Hayley Kay Bryan, and Hannah Elizabeth Bryan resided with the Plaintiff and the Defendant in Cumberland County since their birth and until April 16, 2003. 7. Since April 16, 2003, the children have resided in Cumberland County with the Plaintiff. Accordingly Cumberland County is the "home county" of the children, Hayley Kay Bryan and Hannah Elizabeth Bryan, and is the proper venue for this action. Pa. R.C.P. 1915.1,Pa. R.C.P. 1915.2. 8. The relationship of the Plaintiff to the child is that of natural mother. 9. The relationship of the Defendant to the children is that of natural father. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children, Hayley Kay Bryan and Hannah Elizabeth Bryan, in this or any other court. Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth or any other state. 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 tn the children. 11. The best interest and permanent welfare of the children, Hayley Kay Bryan and Hannah Elizabeth Bryan, will be served by granting the relief requested because: a) The Plaintiff, the mother of the minor children, has been their primary caregiver since their births. She has: i. planned and prepared meals ii. bathed, groomed, and dressed the children iii. arranged medical care and attended these trips to Physicians iv. put the children to bed nightly, attended the children in the middle of the night, and wakened the children in the morning. b) The Plaintiff, the mother of the minor children, is able to provide a stable environment for the children. c) The Plaintiff, the mother of the minor children, lives a lifestyle that is considerate of the best interests of the clfildren. 12. Each parem whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her custody of the children, Hayley Kay Bryan and Hannah Elizabeth Bryan. Counsel f r~e pl~2tiff~ John C. Porter, Esq. Pa Sup. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. STACEY E. BRYAN, Plaintiff KENNETH B. BRYAN JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I, John C. Porter, counsel for Stacey E. Bryan, hereby certify that a copy of the Complaint for Custody directed to Defendant, Kenneth B. Bryan Jr. was served upon Defendant at Defendant's residence, 75 Walnut Dale Road, Shippensburg, PA 17257, this 15~~, day of Oc ~tob a_r- ,2003, by first-class mall, postage prepaid, and certified mail, restricted delivery, return receipt requested, pursuant to Pa. R.C.P. 1930.4(c). John C. Porter, Esq. Pa Sup. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 717-249-1177 STACEY E. BRYAN : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5467 CIVIL ACTION LAW KENNETH B. BRYAN, JR. DEFENDANT : iN CUSTODY ORDER OF COURT AND NOW, Monday, October 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jacqueline M. Verney, Esq. , the concili at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 18, 2003 at 10:30 . for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempora order. All children age five or older may also be oresent at the conference. Failure to appear at the conference ma' provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, ttor, M or By: /s/ .[acqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requited by law to comply with the America~ with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cour[, 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 schedul conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR ~I~ELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2 U 2003 STACEY E. BRYAN, Plaintiff V. KENNETH B. BRYAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5467 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2! v ~ day of A/ao-~-g-~' ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Stacey E. Bryan and the Father, Kenneth B. Bryan, Jr., shall have shared legal custody of Hayley Kay Bryan, bom May 15, 1996 and Hannah Elizabeth Bryan, born May 5, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. In this regard, the parties further agree as follows: A. Father shall not make decisions, fill out, or complete paperwork sent home with the minor children from their school. That such paperwork shall be forwarded to the Mother and that both parties shall be involved in the decision making process regarding this paperwork and all school issues. Both parties upon request shall furnish the other parent with copies of any school records, medical records and bills, and duplicate health insurance cards. B. Both parties shall continue to foster the children's religious upbringing in the mariner in which the children have become accustomed. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Every other weekend from Friday at the end of the children's school day until Sunday at 4:00 p.m. B. Every Wednesday from the end of the children's school day until Thursday when Mother picks up the children after her work day. C. Every Monday, except the first Monday that follows Father's first weekend of every month, from after school until 8:00 p.m. 4. Easter, Thanksgiving and Christmas shall be divided so that in odd- numbered years the following schedule will be in effect ~md in even numbered this schedule will be reversed: A. On Easter Sunday, Father will have the children from 2:00 p.m. to 8:00 p.m. and Mother will have the children from 9:00 a.m. until 2:00 p.m. B. On Thanksgiving Day, Father will have the children from 3:00 p.m. until 9:00 p.m. and Mother will have the children from 9:00 a.m. to 3:00 p.m. C. On the Christmas Holiday, Father will have the children from 6:00 p.m. Christmas Eve until 12:00 noon on Christmas Day and Mother will have the children from 8:00 p.m. December 23 until 6:00 p.m. Christmas Eve and from 12:00 noon Christmas Day until 9:00 a.m. December 26. 5. New Year's Day, Memorial Day, July 4th, and Labor Day shall be divided so that in odd numbered years the following schedule will be in effect and in even numbered years this schedule will be reversed: A. On New Year's Day, Father will have the children from December 31st at 6:00 p.m. until 12:00 noon on New Year's Day and Mother will have the children from 12:00 noon on New Year's Day until 8:00 p.m. B. On Memorial Day Father will have the children from 9:00 a.m. until 8:00 p.m. C. On July 4th Mother will have the children from 9:00 a.m. until 10:00 p.m. D. On Labor Day Father will have the children from 9:00 a.m. until 8:00 p.m. 6. The parents shall alternate trick-or-treating with the children, unless Father will not take them trick-or-treating, in which case Mother shall be allowed to do so. 7. The children's birthdays shall not disrupt the normal custody schedule and each parent may celebrate those birthdays with the children on that parent's coinciding weekend. 8. Father shall celebrate Father's Day with the children from 8:00 p.m. the evening before until 8:00 p.m. the evening of Father's Day and Mother shall celebrate Mother's Day with the children from 8:00 p.m. the eveniag before until 8:00 p.m. the evening of Mother's Day. 9. Each parent shall enjoy three, one week periods (Friday at 5:30 p.m. to Friday at 5:30 p.m.) during the summer, which weeks shall be non-consecutive and uninterrupted by periods of custody by the other parent, and that each parent shall give the other parent at least 30 days notice of requested week and the parent first requesting the week shall be granted priority to that week. 10. The aforementioned one week periods shall not abut the requesting parent's weekend period of custody, but must consume that weekend period of custody. 11. The custody schedules for Easter, Thanksgiving, Christmas, New Year's Memorial Day, July 4th' Labor Day, trick-or-treating, Father's Day, Mother's Day, and the aforementioned weeks during the summer (all of which shall be known as special custody periods) shall replace the normal custody schedule, which normal schedule shall resume after the special custody period has ended. 12. Each parent may have reasonable telephone contact with the minor children when they are with the other parent and that this contact is not to be obstracted in anyway or made difficult by the parent insisting on discussion other than just tuming the phone over to the child. 13. For all periods of custody, the minor children shall be transported by Mother and the place of exchange shall be the paternal grandparents' home, unless otherwise agreed by the parties. 14. Both parties shall act civilly during the mmsfers and shall refrain at all times from making derogatory remarks about the other parent, whether made by the parent or any third person. 15. Father shall provide Mother with a summary of the planned activities such that Mother can provide proper clothing appropriate for the activity and Father shall return the clothing in a clean condition 16. Both parties shall keep one another informed of any change of address or telephone number. 17. Both parties shall provide one another with emergency contact information during the periods of vacation or other overnight trips away from home 18. Any extra-curricular or social activities the children participate in, swimming classes for example, shall occur regardless of which parent has physical custody of the children at that time. 19. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THECOURT, cc'~ohn c. Porter, Esquire, for Mother oM~hael B. Finucane, Esquire, for Father STACEY E. BRYAN, Plaintiff V. KENNETH B. BRYAN, JR., Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2003-5467 CIVIL TERM : : 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 conceming the Children who are the subject of this litigation is as follows: NAME Hayley Kay Bryan Hannah Elizabeth Bryan DATE OF BIRTH May 15, 1996 May 5, 2000 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on November 18, 2003. The Mother, Stacey E. Bryan, appeared with her counsel John C. Porter, Esquire. Father, Kenneth B. Bryan, Jr., appeared with his counsel, Michael B. Finucane, Esquire. 3. The parties agreed to the entry of the Order as attached. Date ,J/acqt~,line M. Vemey, Esquire Custody Conciliator JUL 0 ~ ZUtu ~/ STACEY E. BRYAN, IN THE COURT OF COMMON PLES Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 2003-5467 KENNETH B. BRYAN, JR., Defendant IN CUSTODY ORDER OF COURT NOW, this 9` day of ~_ , 2010, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, SAIDIS, FIAWER Sz LINDSAY nnowvExsnruw 26 West High Street Carlisle, PA i es .-na t l~cl.., e.~~~ s. ~,,~ 7/Q/-v ~~ c.~ ti ~ ~ ; ~T ~ _„ :- r;- ~ ; ; : . -~, , . _ %~ ' ;•J ~ '~ ~ ~< STACEY E. BRYAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2003-5467 CIVIL ACTION -LAW KENNETH B. BRYAN, JR., n ~,: Defendant : IN CUSTODY c " .~,. ~ --~ _; -~; ~~, rv _ ~~ - ' c ~~ ORDER OF COURT _ ,~ AND NOW, this 19`t` day of July, 2010, being advised that the parties ha~e r,= _,~ reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac eline M. Verney, Esquire, Custody nciliator