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HomeMy WebLinkAbout08-0232 CHRISTOPHER T. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. ??, 6? 3 c??,l ??rN? SONYA LUCAS, : Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Christopher T. Brown, residing at 201 North Walnut Street Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Sonya Lucas, residing at 311 South Frederick Street Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Caleb Brown, born November 3 2005. The child was born out of wedlock. SAIDIS, FLOWER & LINDSAY ,?ruw 26 West High Street Carlisle, PA The child is presently in the custody of Defendant who resides at 311 South Frede Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Dates Mother and Father 601 East Coover Street, Mechanicsburg, PA 11/3/05 until 8/24/07 Mother and Father 311 South Frederick Street, Mechanicsburg, PA 12/15/06 until 8/24/07 Mother 311 South Frederick Street, Mechanicsburg, PA 8/24/07 to the present The mother of the child is Sonya Lucas, currently residing at 311 South Frederick Street Mechanicsburg, Cumberland County, Pennsylvania 17055. She is single. The father of the child is Christopher T. Brown, currently residing at 201 North Waln Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is single. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in othe 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 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 to the child. 7. The best interest and permanent welfare of the child will be served by g the relief requested because Plaintiff can best provide the safest and most su household for the child. 8. Each parent whose parental rights to the child have not been terminated and person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the child. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA LindsAy, ID No. 4469 26 West Hig tree Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Christopher T. Brown VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. C opher rown Date: ice SAMIS, FLOWER & LENDSAY AW 26 West High Street Carlisle, PA c Gli cC 0 w ? ? p 7-- g- c? ? rl - Cn CHRISTOPHER T. BROWN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-0232 CIVIL ACTION LAW SONYA LUCAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 12, 2008 at 1:30 PM 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. tie if -1 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 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 77 , nu1"! L, .2 v ?a lE C.JUL AU ? tit CHRISTOPHER T. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-232 - CIVIL SONYA LUCAS, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Elizabeth S. Beckley, Esquire, accept service of the Custody Complaint on SAIDIS, FLOWER & LINDSAY ATFUGNMM-LAW 26 West High Street Carlisle, PA behalf of Defendant in the above-captioned matter and state that I am authorized to do so. D Ate ?_.ranoerry t uurn P.O. Box 11998 Harrisburg, PA 17108-1998 Q C _ tt CO - t r- ., CHRISTOPHER T. BROWN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-0232 CIVIL ACTION LAW SONYA LUCAS Defendant IN CUSTODY ORDER OF COURT AND NOW, this -k\ S1 day of O J` , 2008, upon consideration of the attached Custody Conciliation Report, it is order and directed as follows: 1. The Mother, Sonya Lucas, and the Father, Christopher T. Brown, shall have shared legal custody of Caleb Brown, born November 3, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. For a period of six (6) weeks immediately following the custody conciliation conference, the Father shall have custody of the Child for three (3) consecutive overnight periods whenever the Father is not working the following day. B. Beginning April 1, 2008, the Father shall have custody of the Child on every overnight period preceding his days off work until 7:30 p.m. on the evening preceding the Father's return to work unless the Father is off work the following day at least until 7:30 a.m. It is the parties' intent under this provision that overnight periods of custody shall be shared on an equal (50%150%) basis. The expansion of the Father's periods of custody in this subsection is contingent upon the Father having exercised his right to all periods of custody under subsection A of this provision. C. Unless otherwise agreed between the parties, the Father shall pick up the Child at 5:30 p.m. at the beginning of his periods of custody. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 1:00 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m..through December 26 at 1:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Alternating holidays: In even-numbered years, the Father shall have custody of the Child on New Years Day, Memorial Day and Labor Day and the Mother shall have custody on Easter, July Fourth and Thanksgiving. In odd-numbered years, the Mother shall have custody of the Child on New Years Day, Memorial Day, and Labor Day, and the Father shall have custody on Easter, July Fourth and Thanksgiving. Unless otherwise agreed between the parties, the holiday period of custody shall run from 9:00 a.m. until 7:00 p.m. on the holiday. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for two (2) non-consecutive weeks each year upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates under this provision. 5. In the event either party is unavailable during his or her period of custody for two (2) hours or longer or is unavailable to pick up the Child from daycare, that party shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. The parties agree to share expenses for the Child on an equal basis upon implementation of the schedule in paragraph 2B. 8. 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: `Carol J. Lindsay, Esquire - Counsel for Father ?Elizabeth S. Beckley, Esquire - Counsel for Mother (2y £S m ?. t,? a/a`1o8 ?j 4.4 A,E i Z: I I leV I Z 933 6001 CHRISTOPHER T. BROWN Plaintiff VS. SONYA LUCAS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-0232 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 Caleb Brown November 3, 2005 2. A custody conciliation conference was held on February 12, 2008, with the following individuals in attendance: the Father, Christopher T. Brown, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Sonya Lucas, with her counsel, Elizabeth S. Beckley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4. Although not specified in this Custody Order, part of the basis for the parties' agreement on the custody schedule was the mutual understanding that on March 15, 2008, counsel will direct the Domestic Relations Office to terminate the present Support Order effective March 31, 2008. The parties agreed to thereafter equally share all expenses for the Child directly and without the need for an Order through the Domestic Relations Office. /?rU DO Date Dawn S. Sunday, Esquire Custody Conciliator