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HomeMy WebLinkAbout08-6554 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff ASHLEY BROWN, § Plaintiff § V. § RYAN BROWN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - (0554{ lyi l (term CIVIL ACTION - LAW COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Ashley Brown, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff, Ashley Brown, is an individual currently residing at 7 Fargreen Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Ryan Brown, is an adult individual currently residing at 404 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Name Present Address Age Dakota Brown 7 Fargreen Road 4 Camp Hill, PA 17011 (D.O.B. 9/27/04) 4. The child was born in wedlock. 5. The child is presently in the custody of the Plaintiff, Ashley Brown, who resides at 7 Fargreen Road, Camp Hill, Pennsylvania 17011. 6 During the last five years, the child has resided with the following persons at the following addresses: Persons : Address: Dates: Plaintiff 7 Fargreen Rd. 6/2008-present Camp Hill, PA 17011 Plaintiff 7 Fargreen Rd. 3/2005-6/2008 Defendant Camp Hill, PA 17011 Plaintiff 19 E. Main St. 9/2004-3/2005 Defendant Mechanicsburg, PA 17050 7. 8 9. 10. 11 12. The mother of the child is Plaintiff, Ashley Brown, currently residing at 7 Fargreen Road, Camp Hill, Cumberland County, PA 17011. She is single. The father of the child is Defendant, Ryan Brown, currently residing at 404 Ross Avene, New Cumberland, Cumberland County, PA 17070. The relationship of the Plaintiff to the child is that of mother. The relationship of the Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Lindsey Relationship Girlfriend Plaintiff has not participated as a party in other litigation concerning the custody of the child 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 child and claims to have custody or visitation rights with respect to the child. 13. Each parent 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. 14. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiff s continuation as primary care giver. WHEREFORE, Plaintiff requests the Court to grant her Primary Physical Custody of the Child. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: o 1 Ashley B o 4L Co 10 t CT J -X2 ASHLEY BROWN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. O$ - G d3Y l ! w i l T+er RYAN BROWN, § Defendant § CIVIL ACTION - LAW STIPULATED CUSTODY AGREEMENT AND NOW, this o? 7'A day of , 2008, Ashley Brovq? rein at 7 Fargreen Road, Camp Hill, Cumberland County, Pennsylvania 17011" hereiafter referred to as "Mother"), and Ryan Brown, residing at 404 Ross Avenue, New b e al an d,(, Cumberland County, Pennsylvania 17070 (hereinafter referred to as "Father") the and' -rn Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Dakota Brown, born September 27, 2004. A. Legal Custody_The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's medical, dental and other important records. As soon as practical after receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 1. Emergencies: It is understood that some decisions must be made on an emergency basis. In such an event, the party with physical custody during such an emergency situation, shall act in the Child's best interest. Said party shall immediately notify the non-custodial parent of the Child's whereabouts and current medical, physical and/or psychiatric condition. Each parent shall promptly notify the other parent in the event that the Child suffers an illness or accident requiring hospitalization 2. Smoking/Drinking/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any party of a confined area with the child present. No party shall drink alcoholic beverages excessively or to the point of intoxication, nor consume illegal substances when in the presence of the child, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 3. No Derogatory Comments: Neither Parent shall undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Child toward the other Parent. At all times, each Parent shall encourage and foster in the Child a sincere affection for the other Parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 4. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home telephone number. Both parents shall use common sense in scheduling telephone calls to speak with the child and the custodial parent shall permit reasonable telephone contact with the non-custodial parent while in his or her custody. B. Physical Custody: 1 Shared Custody: Mother shall have primary physical custody of the child. Father shall have partial custody subject to the schedule as set forth herein. 2. Custody Schedule: a. Father shall have physical custody Tuesday and Thursday from 5:00 P.M. until 8:00 P.M. b. The parents shall alternate weekends with Father having physical custody from Friday at 5:00 P.M. until Sunday at 6:00 P.M. commencing Friday, October 10, 2008. 3. Holidays: The holiday schedule shall be mutually agreed upon by the parents. 4. Precedence: The periods of partial custody for holidays and other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent as set forth in this Agreement. 5. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in activities that the child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall sign up the child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall sign up the child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take the child to that activity if the custodial parent and child are out of town during that activity for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick the child up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 6. Transportation: The transportation burden shall be shared by the parties. Unless otherwise specified in this Agreement, transportation shall be provided by the parent who is to obtain custody of the child. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 7. Late for Exchange: In the event that a party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party my assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party shall be free to make other plans with the child. 8. Waiver of Custody: A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Financial Care of the Child: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of the party, those matters shall be discussed with the other parent before any change is made by either parent. 10. Mutual Consultation: Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any person in whose care the child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the child. 11. Welfare of the Child to be Considered: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 12. Modification: The Parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both Parents. If such modification is in writing (including email) which evidences the mutual agreement of the Parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed . upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. In the event that one parent does not agree to a modification, each parent shall not be permitted to follow his or her own idea of what he or she thinks the new arrangements shall be, but shall be bound by the terms of this Agreement as written. C. Entry of Court Order: The parties authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF, the Parents, intending to be legally bound hereby, have set their hands and seals the day and year written below. Witness: a4k-L-?? Ashley hT?wn, Mother Date: ;??Yan Brown, Father Date: Nov o s Zook ASHLEY BROWN, § Plaintiff § V. § RYAN BROWN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. fJ$ - (a 55y lit v l PXMt CIVIL ACTION - LAW STIPULATED ORDER FOR CUSTODY AND NOW, this day of 0 , 2008, this Order is being entered as a result of an Agreement between the parties as evidenced by the attached Stipulated Custody Agreement, dated October 27, 2008. This matter is before the Court on Plaintiff's Complaint. This matter involves the custody of: Dakota Brown Date of Birth: September 27, 2004 There is no previous Order entered in this matter. A. Legal Custody: The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's medical, dental and other important records. As soon as practical after receipt by a party, copies of the child's school d- schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 1. Emergencies: It is understood that some decisions must be made on an emergency basis. In such an event, the party with physical custody during such an emergency situation, shall act in the Child's best interest. Said party shall immediately notify the non-custodial parent of the Child's whereabouts and current medical, physical and/or psychiatric condition. Each parent shall promptly notify the other parent in the event that the Child suffers an illness or accident requiring hospitalization 2. Smoking/Drinking/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any party of a confined area with the child present. No party shall drink alcoholic beverages excessively or to the point of intoxication, nor consume illegal substances when in the presence of the child, and no parry shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 3. No Derogatory Comments: Neither Parent shall undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Child toward the other Parent. At all times, each Parent shall encourage and foster in the Child a sincere affection for the other Parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 4. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home telephone number. Both parents shall use common sense in scheduling telephone calls to speak with the child and the custodial parent shall permit reasonable telephone contact with the non-custodial parent while in his or her custody. B. Physical Custody- 1 Shared Custody: Mother shall have primary physical custody of the child. Father shall have partial custody subject to the schedule as set forth herein. 2. Custody Schedule: a. Father shall have physical custody Tuesday and Thursday from 5:00 P.M. until 8:00 P.M. b. The parents shall alternate weekends with Father having physical custody from Friday at 5:00 P.M. until Sunday at 6:00 P.M. commencing Friday, October 10, 2008. 3. Holidays: The holiday schedule shall be mutually agreed upon by the parents. 4. Precedence: The periods of partial custody for holidays and other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent as set forth in this Agreement. 5. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in activities that the child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall sign up the child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall sign up the child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take the child to that activity if the custodial parent and child are out of town during that activity for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick the child up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 6. Transportation: The transportation burden shall be shared by the parties. Unless otherwise specified in this Agreement, transportation shall be provided by the parent who is to obtain custody of the child. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 7. Late for Exchange. In the event that a party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party my assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party shall be free to make other plans with the child. 8. Waiver of Custody: A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Financial Care of the Child: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of the party, those matters shall be discussed with the other parent before any change is made by either parent. 10. Mutual Consultation: Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any person in whose care the child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the child. 11. Welfare of the Child to be Considered: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 12. Modification: The Parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both Parents. If such modification is in writing (including email) which evidences the mutual agreement of the Parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. In the event that one parent does not agree to a modification, each parent shall not be permitted to follow his or her own idea of what he or she thinks the new arrangements shall be, but shall be bound by the terms of this Agreement as written Distribution Tabetha A. Tanner, Esquire, Tanner Law Offices, LLC, 1300 Market Street, Suitel0, Lemoyne, PA 17043 Mr. Ryan Brown, 404 Ross Avenue, New Cumberland, PA 17070 --? 7,. Li 9 ' C.? r? lI_' a`i.. „?.. 1-, ?`,. tiA ` ;?, ea