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Home My WebLink About03-5955GEORGINA BRUMBAUGH Plaintiff BRUCE WARD Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY oa- ' ? NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Georgina Brumbaugh, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Georgina Brumbaugh, residing at 1110 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Bruce Ward, residing at Allenwood Federal Correctional Institute, P.O. Box 1500, White Deer, Union County, Pennsylvania, 17887. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Zachary Brumbaugh 1110 Yverdon Drive 04-27-99 Camp Hill, PA 17011 Morgan Brumbaugh 1110 Yverdon Drive 07-31-01 Camp Hill, PA 17011 The children were bom out of wedlock. The children are presently in the custody of Georgina Brumbaugh, who resides at 1110 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Georgina Brumbaugh Georgina Brumbaugh & Bruce Ward 1110 Yverdon Drive Camp Hill, PA 17011 1110 Yverdon Drive Camp Hill, PA 17011 11-01 - present 4-99 - 11-01 The mother of the children is Georgina Brumbaugh, currently residing at 1110 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 She is single. The father of the children is Bruce Ward, currently residing at Allenwood Federal Correctional Institute, P.O. Box 1500, White Deer, Union County, Pennsylvania, 17887. He is single. 4. The relationship of the plaintiff to the children is that of mother. The plaintiff resides with the following persons: Name Zachary Brumbaugh Morgan Brumbaugh Relationship Son Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Defendant is currently incarcerated. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth; b) Plaintiff is best able to provide the children with a home with the necessary moral, emotional, and, physical surroundings to meet the children's needs; c) Plaintiffis best able to provide the care and nurturing which the children need for a healthy development; d) Plaintiffcontinues to exercise parental duties on behalf of the children and enjoys the love and affection of the children; e) Defendant is currently incarcerated in federal prison, with an expected release date of November 28, 2003. f) Plaintiff is willing to grant Defendant supervised visitation once he is released from prison, in order for the children to develop a strong parent/child relationship with both parents; 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court to grant her sole legal and physical custody of the children. Date: 2//6~1~ Le¢}fitem - ~ PLACF4____ ROBERT E. RAINS 1 ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom fal~fication to authorities. GEORGINA BRUMBAUGH, Plaintiff V. BRUCE WARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 03 ~ ~'q 5'f CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Georgina Brumbaugh, Plaimiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, M~ CI~o~ K~ Ce~ifie~egal Intern ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 GEORGINA BRUMBAUGH : PLAINTIFF BRUCE WARD : DEFENDANT : IN THE coURT OF coMMON PLEAS OF cuMBERLAND coUNTY, PENNSYLVANIA 03-5955 CIVIL ACTION LAW CUSTODY oRDER OF coURT AND NOW, Thursday, No ev tuber 20, 2003 , upon consideration of the attached Complaint, hereby directed that parties and their respective counsel appear before Jack' the conciliator, it is Tuesdayz, December 16, 2003 at 8:30 AM a~ Courthouse, Carlisle on ~ · , conference, an effort will be made to resolve the issues in dispnte; or for a Pre-Hearing Custody Conference At such -~ - :osues to be heard by the court, and to enter into a temporary if this cannot be accomplished, to define and narrow tnt1~ Failure appear at the conference may order. All children age five or older may also be present at the conference, to 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 hearing. FOR THE COURT, 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 faclhtles 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 ATTOI~2xPEY AT ONCE. IF YOU DO NOT AN ATTORNEY OR cANNOT AFFORD ONE, GO TO OR TELEPItONE TIlE OFFICE SET }lAVE ;T LEGAL HELP. FORTIt BELOW TO FIND OUT wHERE YOU CAN GE cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 GEORGINA BRUMBAUGH, Plaintiff BRUCE WARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 03-5955 CIVIL TERM PROOF OF SERVICE I, hereby certify that a true and correct copy of the Custody Complaint was served on Bruce Ward, residing at LSCI Allenwodd, Union County Pennsylvania, by hand delivery. Service was complete by Deputy Ernest Ritter of the Union County Sheriffs Department on the 26th day of November, as evidenced by the attached Affidavit of Service Mary Cl 4yc;mb CertifieffLegal Irtqem FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 OUT CO BIL #8 PAGE IN THE COURT OF COMMON PLEAS 17TH JUDICIAL DISTRICT UNION COUNTY, PENNSYLVANIA GEORGINABRUMBAUGH VS BRUCE WARD NO: 03-5955 SERVE: COMPLAINT FOR CUSTODY UNION COUNTY SHERI~'S RETUKN And now this 1sr. day of DECEMBER 2003 1 hem'd:~y cerlify and r~tllm that I DEPUTY ERNEST RI'I'I'{ey~ ,~l-v'{~} a copy of lhe above described COMPLAIi~IT FOR CUSTODY Upon BRUCE WARD, named defeod~nt, by personally banding tO BRUCE WARD (HIMSELF) at L S C 1 3!.!,I~N~VOOD, Union County POgUlh'ylvania~ On NOVEMBER 26, 2003 at 1:08 PM a U~e and correct copy of the above descn~oed COMPLAINT FOR CUSTODY, and made kaown to I-HM the conte~ts of the samo. SO ANSWERS JOHN P. SCHRAWDER, SHERIFF UNION COLrNTY, PA. By: DEPUTY ERNEST Rl'i'EIZR PLAINTIFF'S A'VI'OILNEY: SHERIFF'S FEES. DOCKET $ SURCHARGE EXTRA SERVICE Alq~ IDAVIT SERVICE CO MILEAGE DEPUTATION TOTAL $ NO FEE PER A'FFACHED ORDER DEPOSIT $ RECEIFr # REFUND $ CHECK # C i~-~nwealt h of Pennsylvania: C ~nty of Union : ~,vom to and subscribed before me of 20 CC5 Prothonotary ~ u My Commissien Expires: HARRIET ZEYN Deputy Prothonotary & Clerk of Courts Lewlsburg, Union County, PA My Commission Exp res 1st Mort Jan 2,? SHERIFF'S RETURN - OUT OF COUNTY dASE NO: 2003-05955 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUMBAUGH GEORINA VS WARD BRUCE R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT WARD BRUCE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: but was unable to locate Him in his bailiwick. deputized the sheriff of UNION County, serve the within COMPLAINT - CUSTODY He therefore Pennsylvania, to On December 3rd , 2003 attached return from UNION Sheriff's Costs: Docketing Ou~ of County Surcharge this office was in receipt of the 18.00 9.00 10.00 .00 .00 37.00 oo?oo/oooo FL R! Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Georginia Brc~abaugh VS. Bruce Ward (inmate #10633-067) 03-5955 civil SERVE: s~rne No. Now, Nov~-nber 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of union County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at Affidavit of Service · by handing to and made known to o'clock )z9 M. served the the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20__ COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S ~SE NO: 2003-0~9B~ ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUMBAUGH GEORINA VS WARD BRUCE RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT WARD BRUCE but was unable to locate Him deputized the sheriff of UNION serve the within COMPLAINT Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, CUSTODY He therefore Pennsylvania, to On December 3rd , 2003 attached return from UNION Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 00/00/0000 FL Sworn and subscribed to before me this /6 ~ day of ~ A.D. Prothonot ar!~ ' this office was in receipt of the SO answers '~ ~'~ Ri Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Georginia Brcrabau§h VS. Bruce Ward (inmate #10633-067) SERVE: some No. 03-5955 civil Now, November 24, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do union Courlt~/to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within upon at · by handing to ~ Affidavit of Service and made known to 7° M. served the the contents thereof. So answers, Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT OUT CO BK, #g IN THE COURT OF COMMON PLEAS 17TH JUDICIAL DISTRICT UNION COUNTY, PENNSYLVANIA GEORGINA BRUMBAUGH VS BRUCE WARD NO: 03-5955 SERVE: COMPLAINT FOR CUSTODY UNION COUNTY SHERIFF'S RETURN And now this lsr. day of DECEMBER 2003 1 hereby certify and ~urn that I DEPUTY ERNEST RITre,R .~lved a copy of the above described COMPLAINT FOR CUSTODY Upon BRUCE WARD, named defendant, by personally handing to BRUCE WARD (HIMSELF) at L S C I ALLEIqWOOD, Union County Pennsylvania, on NOVEMBER 26, 2003 at 1:08 PM a line and correct copy of the above described COMPLAINT FOR CUSTODY, ~ad made known to HIM the contents of the same. SO ANSWERS JOHN P. SCHRAWDER, SHERIFF UNION COUNTY, PA. PLAINTIFF'S ATTORNEy: DOCKET $ DEPUTY ERNESTRITi'ER TOTAL S NO FF~ PER A'I'fACHEDORDER DEPOSIT $ RECEHrr # REFUND $ CHECK # C :n',onweahh of Pennsylvania: ( ,rely of Union : Sworn to and subscribed before me this ~)._ day of [~C~ 20 (~5'-~ Prothonotary My Commission Expires: HARRIET ZEYN Dep~ Prothonotary & Clerk of Courts Lewlsburg, Union Count'/, PA My Commission Ex,ires 1st Mon Jan 20~ GEORGINA BRUMBAUGH, Plaintiff V. BRUCE WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-~.t5 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~' day of ~ ., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Georgina Brumbaugh, and the Father, Bruce Ward, shall have shared legal custody of Zachary Brumbaugh, born April 27, 1999 and Morgan Brumbaugh, born July 31, 2001. 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. 2. Mother shall have primary physical custody of the Children. 3. Beginning December 16, 2003, Father shall have periods of supervised visitation with the Children two (2) or three (3) times per week as agreed by the parties. This schedule shall continue for four months. The approved supervisors are as follows: Mother, Georgina Bmmbaugh, Michelle Murry, Daniel Bricker, paternal grantmother or great grandmother, the Kautz family and others as agreed by the parties. 4. Mother shall be responsible for all transportation. 5. 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 Wednesday, April 14, 2004 at 3;30 p.m. BY THE COURT, cgT~lVIary Claycomb Kulp, certified legal intern Anne MacDonald Fox, Esquire, Family Law Clinic, Counsel for Mother ~.~Bruce Ward, pro se 120 Lincoln Street, Apt 5, Steelton, PA 17113 GEORGINA BRUMBAUGH, Plaintiff V. BRUCE WARD, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-5955 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 concerning the Children who are the subject of this litigation is as follows: NAME Zachary Brumbaugh Morgan Brumbaugh DATE OF BIRTH April 27, 1999 July 31, 2001 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on December 16, 2003, with the following in attendance: The Mother, Georgina Brumbaugh, with her counsel, Mary Claycomb Kulp, certified legal intern and Anne MacDonald Fox, Esquire, Family Law Clinic and the Father, Bruce Ward, pro se. 3. The parties agreed to an Order in the form as attached. Date J. acqt~line M. Vemey, Esquire Custody Conciliator GEORGINA BRUMBAUGH, Plaintiff V. BRUCE WARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-59~5 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2oI day of ..~,,'/ consideration of the attached Custody Conciliation Report, follows: ,2004, upon iit is ordered and directed as 1. The Order of Court dated December 17, 2003 is hereby vacated. 2. The Mother, Georgina Brumbaugh, and the Father, Bruce Ward, shall have shared legal custody of Zachary Bmmbaugh, born April 27, 1999 and Morgan Brumbaugh, born July 31, 2001. 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. 3· Mother shall have primary physical custody of the Children. 4. Father shall have partial physical custody of the children on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. Father shall have partial physical custody of the Children at other times throughout the week as agreed by the parties. 6. Transportation shall be shared as agreed by the parties. 7. The following holidays shall be alternated at 'times agreed by the parties: Memorial Day, July 4th, Labor Day, Thanksgiving, Easter. Father shall have Memorial Day, 2004 and the parties shall alternate the holidays thereafter. 8. The Christmas holiday shall be alternated by the parties such that each party shall receive at least three consecutive days, one of which is December 25, as agreed by the parties. Father shall have custody of the Children for the Christmas holiday in even numbered years and Mother shall have physical custody of the Children in odd numbered years. 9. Each parent shall give the other thirty (30) days notice of all trips with the Children that will exceed 100 miles from Cumberland County, except in emergencies. 10. Mother and Father shall be entitled to reasonable telephone access with the Children while the Children are in the other's custody. 11. The parties shall keep each other advised of their current address and telephone number. 12. Mother and Father shall notify each other of all medical care the Children receive while in that parent's care. Mother and Father shall notify each other immediately of medical emergencies which arise while the Children are in their care. 13. Neither parent shall do anything, or permit a third party to do anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent. 14. Neither party may drink alcohol to the point of intoxication or partake in illegal drugs immediately before or during their period of physical custody. 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. BY THE COURT, ,/ cc:d~iary Claycomb Kulp, certified legal intern/~ Anne MacDonald Fox, Esquire, Family Law Clinic, Cotmsel for Mother ~t~ruce Ward, pro se 1110 Rana Villa Avenue Camp Hill, Pa 17011 GEORGINA BRUMBAUGH, Plaintiff V. BRUCE WARD, Defendant PR/OR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-5955 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 concerning the Children who are the subject of this litigation is as follows: NAME Zachary Bmmbaugh Morgan Brumbaugh DATE OF BIRTH April 27, 1999 July 31, 2001 CURPd~NTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this rnatter on April 14, 2004, with the following in attendance: The Mother, Georgina Brumbmlgh, with her counsel, Mary Claycomb Kulp, certified legal intern and Anne MacDonald Fox, Esquire, Family Law Clinic and the Father, Brace Ward, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess on December 17, 2003 providing for shared legal custody, with Mother having primary physical custody and Father having a phased-in period of supervised visitation. The parties agreed to an Order in the form as attached. Date J,acqu~ine M. Vemey, Esquire Custody Conciliator