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HomeMy WebLinkAbout08-2819 Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cboyanowskin,ssbc-law.com Attorney for Plaintiff DOUGLAS A. BRICKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Oe- a piR Cu,a CANDICE E. WAYNE, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff DOUGLAS A. BRICKER, by and through his counsel, Cara A. Boyanowski, Esquire, of the law firm of Serratelli Schiffman Brown & Calhoon, and respectfully represents: 1. The Plaintiff is Douglas A. Bricker, an adult individual who resides at 638 Gates Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Candice E. Wayne, an adult individual who resides at 1009 Limekiln Road, New Cumberland, York County, Pennsylvania, 17070. 3. Plaintiff seeks shared legal custody and shared physical custody of the following children: Name Present Residence Date of Birth Mira Rhea Bricker 638 Gates Lane September 9, 2000 Enola, PA/ 1009 Limekiln Road New Cumberland, PA Alexis Reilly Bricker 638 Gates Lane July 20, 1998 Enola, PA/ 1009 Limekiln Road New Cumberland, PA The children were born in wedlock. The children are presently in the shared physical custody of Plaintiff who resides at 63 8 Gates Lane, Enola, Cumberland County, Pennsylvania 17025 and the shared physical custody of Defendant who resides at 1009 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. 4. During the past five years, the children have resided with the following persons and at the following addresses: A. Plaintiff Douglas A. Bricker 638 Gates Lane Enola, Pennsylvania February 2, 2008 - Present Defendant Candice E. Wayne 1009 Limekiln Road New Cumberland, Pennsylvania April 5, 2008 - Present B. Plaintiff Douglas A. Bricker 115 N. 4`h Street Newport, Pennsylvania November 20, 2007 - February 2, 2008 Defendant Candice E. Wayne 2 E. Pfautz Road Duncannon, Pennsylvania November 20, 2007 - April 5, 2008 C. Plaintiff Douglas. A. Bricker Defendant Candice E. Wayne 115 N. 4t' Street Newport, Pennsylvania August 1, 2007 - November 20, 2007 D. Plaintiff Douglas A. Bricker 115 N. 4d' Street Newport, Pennsylvania June 1, 2006 - August 1, 2007 Defendant Candice E. Wayne 2nd Street Newport, Pennsylvania August 1, 2006 - August 1, 2007 E. Plaintiff Douglas A. Bricker 211 Frederick Street Highspire, Pennsylvania June 20, 2005 - June 1, 2006 Defendant Candice 32s.3 rd Street Newport, Pennsylvania June 20, 2005 - August 1, 2006 F. Plaintiff Douglas A. Bricker Defendant Candice E. Wayne 32 S. 3rd Street Newport, Pennsylvania 1998 - June 20, 2005 5. The mother of the children is Defendant Candice E. Wayne, who is currently residing at 1009 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. She is married. 6. The father of the children is Plaintiff Douglas A. Bricker, who is currently residing at 638 Gates Lane, Enola, Cumberland County, Pennsylvania 17025. He is single. 7. The relationship of Plaintiff to the children is that of Father. The Plaintiff resides with the two children, Mira and Alexis. 8. The relationship of Defendant to the children is that of Mother. The Defendant resides with her husband, Chris Wayne, the parties' two children, Mira and Alexis, Defendant's daughter, Ava, and Defendant's step-daughter, Carly Wayne. 9. 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 other information than that set forth above, of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Since November 2007, the parties have exercised shared physical custody on a voluntary basis, by implementing a 2-week custody schedule, whereby Plaintiff exercises physical custody over the children from Wednesday evening at approximately 5:30 p.m. through Monday morning during the first week of the custody schedule rotation, with Defendant exercising custody after school at approximately 3:45 p.m. through 5:30 p.m. on Thursday and Friday of that week, and from Wednesday evening at approximately 5:30 p.m. through Friday morning during the second week of the custody schedule rotation, with Defendant exercising custody after school at approximately 3:45 p.m. through 5:30 p.m. on Thursday of that week. B. The children and Plaintiff have a very strong, loving relationship, which should be nurtured. C. The children are performing well in school and have adapted well to this custody schedule, which provides them with quality time with both parents. D. Both parties' work schedules are such that they require assistance from each other to provide quality care for their children. Plaintiff works a Monday through Friday schedule, from approximately 8:00 a.m. - 5:00 p.m., while Defendant's retail position requires her to work evening and weekend hours. E. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the children, which have not been terminated, and theperson who has physical custody of the children, has been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody and shared physical custody of the children to him. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Ofiwqk 0khUD Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff VERIFICATION Upon my personal knowledge, information and belief, I, Douglas A. Bricker, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. By. Date: Douglas A. Bricker 014 4A. C s ^?' ty:, .L to w 00 D _ DOUGLAS A. BRICKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDICE E. WAYNE DEFENDANT 2008-2819 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 03, 2008 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 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ obn . Mang-an, r. Es q. 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 y t?4 _ fly 9? :Z Wd L- AVW0001 AWjQNOH-tO8d L JUN l 9 2008 3 DOUGLAS A. BRICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2819 CIVIL ACTION LAW CANDICE E. WAYNE, IN CUSTODY Defendant ORDER OF COURT AND NOW this eday of June 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Douglas A. Bricker, and the Mother, Candice E. Wayne, shall have shared legal custody of Ava E. Bricker, born 01/12/2004, Mira R. Bricker, born 09/09/2000 and Alexis R. Bricker, born 07/20/1998. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and the Mother shall have shared physical custody of the Children as follows: a. Commencing Monday June 23, 2008, the parties shall share physical custody of the Children on a week on/week off basis. Mother shall begin this schedule on June 23, 2008 and have the Children until the following Monday, whereby Father shall begin his week. b. The exchanges shall be on Monday morning at approximately 7:30 am at Duke's parking lot in Wormleysburg, PA. However, during Father's custodial week, for Monday through Friday, the parties shall meet in the morning at Duke's parking lot for a custodial exchange and then Father shall pick up the Children at Mother's residence after Father gets off of work. (The intent for this is to alleviate child-care expenses and to offer Mother additional time with her Children as she works part time in the evenings). C. The parties may alter said times, days and locations for the exchanges as mutually necessary or proper. 3. Holidays: The parties shall alternate Easter, Fourth of July, Thanksgiving and Christmas. Easter holiday shall be from the morning of the Friday before Easter Sunday through Easter Sunday evening. The Fourth of July shall be from the morning of 7/4 through the evening of 7/5. Thanksgiving shall be from the Wednesday morning before Thanksgiving through the Sunday evening after Thanksgiving. Christmas holiday shall be from the morning of 12/23 through the evening of 12/26. Father shall have the Fourth of July and Christmas in even years and Easter and Thanksgiving in odd years. Mother shall have Easter and Thanksgiving in even .a"' years and Fourth of July and Christmas in odd years. All other holidays which occur on Mondays shall be spent with the party that has the Children the weekend before the holiday and the custodial exchanges shall occur on Tuesday morning. 4. The non-custodial parent shall have reasonable liberal telephone contact with the Children. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. This Order is entered pursuant to 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. 8. A status update conciliation conference is hereby scheduled for August 11th, 2008 at 11:00 am at the Court of Common Pleas, Carlisle, PA 17013. The issue of the Children's school district is contemplated to be the subject of discussion/resolution. B J. Distribution: ara Boyanowski, Esq., 2080 Linglestown Rd., Ste 201, Harrisburg, PA 17110 ,Suzanne H. Griest, Esq., 129 East Market, Street, York, PA 17401-1221 John J. Mangan, Esq. 0p I ,es mi. t LiCL 1 . y DOUGLAS A. BRICKER, Plaintiff V. CANDICE E. WAYNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2819 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mira Rhea Bricker 09/09/2000 Shared Alexis Reilly Bricker 07/20/1998 Shared Ava E. Bricker 01/12/2004 Shared 2. A Conciliation Conference was held with regard to this matter on June 17, 2008 with the following individuals in attendance: The Mother, Candice E. Wayne, with her counsel Suzanne H. Griest, Esq. The Father, Douglas A. Bricker, with his counsel, Cara A. Boyanowski, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo angan, Esquire Cu Jo Conciliator OM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DOUGLAS A. BRICKER, Plaintiff V. CANDICE E. WAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2819 CIVIL ACTION - LAW : IN CUSTODY Please withdraw my appearance on behalf of the Defendant, Candice E. Wayne, in the above- captioned matter. Date Ar I f, ASuz e H. Guest, Esquire 129 ast Market Street York, PA 17401-1221 (717) 846-8856 Attorney ID Z Please enter my appearance on behalf of the Defendant, Candice E. Wayne, in the above- captioned matter. ABOM & KUTULAKIS, L.L.P. Date VAIV+ lob i-I?cc Kara W. Haggerty, Esclla(i?e 36 South Hanover S ;;, Carlisle, PA 17013 (717) 249-0900 Attorney ID 86914 t CC.; ON ' OM & KUTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DOUGLAS A. BRICKER Plaintiff V. CANDICE E. WAYNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2819 CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between CANDICE E. WA YAW, (hereinafter referred to as "Mother' and DOUGLASA. BRIC)MR, (hereinafter referred to as "Father' WHEREAS, the parties are the parents of three children, namely ALEXIS R. BRICKED born July 20, 1998, MIRA R. BRICKED born September 9, 2000 and AVA E. BRICKED born January 12, 2004 (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 r ` 1. The Father and the Mother shall have shared legal custody of the Children. 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. Pursuant to the terms of Pa.C.S. 55309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational 3 attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The Father and Mother shall have shared physical custody of the children on a week on/week off basis. 3. The custody exchanges shall occur as follows: a. For the balance of Summer 2008 and for Summer 2009: The parties shall meet on Monday morning at approximately 7:30 a.m. at Dukes parking lot in Wormleysburg, PA. However, during Father's custodial week, for Monday through Friday, the parties shall meet in the morning at Duke's parking lot for a custodial exchange and then Father shall pick up the children at Mother's residence after Father gets off of work. This summer schedule shall cease at the end of Summer 2009, at which time all three (3) children will be enrolled in school. b. During the school year: During Father's custodial weeks, the parties shall meet at Duke's parking lot to exchange the Children before school. The Children are to be prepared for school at that time, including, but not limited to, being bathed, wearing proper clothing and shoes, having their lunches packed, and having all homework complete. Mother, or a designated party, shall meet Father at Duke's immediately following when 4 he is off of work to return the Children. Mother agrees to watch the Children on snow days or if they are ill, unless Father is off from work for any reason. In the event a serious illness would occur with any of the Children, arrangements for a long-term schedule would need to be made. 4. The parties may alter said times, days and locations for the exchanges as mutually necessary or proper. 5. Mother agrees to withdraw her request for child support for Ava with the York County Domestic Relations Office, provided the following conditions are met: a. The Children shall attend school in Mother's school district; b. Father shall be entitled to claim Alexis as a dependent, Mother shall be entitled to claim Ava as a dependent, and the parties shall alternate claiming Mira, on their respective federal income tax filings each year, with Father being entitled to claim Mira in all even-numbered years beginning with the 2010 tax filing; c. Mother shall be entitled to claim Mira and Ava as dependents on her 2008 and 2009 tax filings; and, d. Father agrees to pay his proportionate share for childcare for Alexis and Mira, when and if childcare becomes necessary. 5 6. Once the parties secure childcare outside of Mother's home, Father agrees to pay his proportionate share, as determined by Domestic Relations, of the childcare expenses. 7. The Children shall attend school in the school district where Mother resides. 8. The parties will share all major holidays as follows: a. The following holidays shall alternate between the parties: Easter, Fourth of July, Thanksgiving and Christmas. Easter holiday shall be from the morning of the Friday before Easter Sunday through East Sunday evening. The Fourth of July shall be from the morning of July 4 through the evening of July 5. Thanksgiving shall be from the Wednesday morning before Thanksgiving through the Sunday evening after Thanksgiving. Christmas holiday shall be from the morning of December 23 through the evening of December 26. Father shall have the Fourth of July and Christmas in even years, and Easter and Thanksgiving in odd years. Mother shall have Easter and Thanksgiving in even years, and Fourth of July and Christmas in odd years. All other holidays that occur on Mondays shall be spent with the party that has the Children the weekend before the holiday and the custodial exchanges shall occur on Tuesday morning. 9. The non-custodial parent shall have reasonable liberal telephone contact with the Children. 6 10. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 7 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ? o DATE GLAS A. BRICKER DATE ( CANDICE E. WAYN 8 ??? ?.. F? ?;??, (+4.J ?_ r ;?_;,' r'"? ?? t ? ?11 d ``*^ _ d ! " r r ,1 '? ? ,?! it '? C r:^ ? ,? '? ?? j ? -„ `h. ?51,? DOUGLAS A. BRICKER Plaintiff V. CANDICE E. WAYNE, Defendant SEP 22 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2819 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this day of 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY J. ?-a Boyanowski, Esquire, For the Defendant Kara W. Haggerty, Esquire, For the Plaintiff (2o c'ex rnla.t LVXL P "Ail +, ? r t''n 4? i _l,i I S • ! I Wd CZ 83S OOOZ A 30?4?14H ?0