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HomeMy WebLinkAbout08-7160Herbert Corky Goldstein, Esquire Attorney I.D. 07182 59 Central Boulevard Camp Hill, PA 17011 Telephone: 717-236-6491 Fax: 717-730-7449 Cell: 717-991-5919 e-mail: corkvaoldstein(&hotmail.com NATHAN A. BROWNAWELL Plaintiff/Father V. LYNDSEY MARIE BROWNAWELL Respondent/Mother : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-CV-CU : CIVIL ACTION -LAW : CUSTODY COMPLAINT IN CUSTODY TO THE HONORABLE, THE JUDGES OF CUMBERLAND COUNTY COURT AND NOW, comes the Plaintiff/Father, Nathan A. Brownawell, by his attorney, Herbert Corky Goldstein, and respectfully requests that he be granted by the Court Temporary Legal Custody and Temporary Primary Physical Custody for the following reasons: 1. PlaintifVFather, Nathan A. Brownawell, is an adult individual, married to the named Respondent/Mother and he resides at 233 Wildwood Lane, Newville, PA 17241 (Cumberland County). 2. Respondent/Mother, Lyndsey Marie Brownawell, is married to . the Plaintiff/Father, and is presently deployed in the military, and is living at 1501 Lomaland Drive, Apt. 55, El Paso, Texas, 79935. She lives off base from Fort Bliss, El Paso, Texas. 3. Respondent/Mother is getting ready, in a few months, to be sent to the Middle East for approximately one (1) year. 4. Plaintiff/Father and Respondent/Mother are the natural parents of Haleigh Elizabeth Brownawell, born May 17th, 2004. 5. Haleigh Elizabeth Brownawell resides with her father, the Plaintiff. 6. After Haleigh was born on May 17th, 2004, she lived with the Respondent/Mother at 770 Old State Road, Shermansdale, PA. until approximately July of 2005, as Father was in the military at that time. 7. Haleigh then resided with both parents from July 2005 until January of 2007 at 225 Hanover Street, Carlisle, PA. 8. Haleigh then lived with both parents at 370 Grahmswood Road, Carlisle, PA 17013 from January 2007 to August of 2008. 9. Haleigh then lived with both parents from August 2008 until around October 15th, 2008 in El Paso at the address Respondent is still residing, with both parents, where mother is on active duty in the U.S. Army. 10. Haleigh is now living at 233 Wildwood Lane, Newville, PA, Cumberland County, 17241 with her father, and her paternal grandparents, Susan and William Mohn. 11. The best interest and welfare of Haleigh Elizabeth Brownawell would be that Temporary Physical Custody and Temporary Legal Custody be granted to Plaintiff/Father until further Order of Court. Father/Plaintiff and Haleigh need this protection in a Court Order. 12. Since Respondent/Mother is in El Paso, Texas, in the military, living off base, and will be deployed to the Middle East from there, Plaintiff/Father is in immediate need of this legal status being temporarily granted by the Court, so he may have mother's mother, Becky Heller of Shermansdale, PA., have liberal visitation/custody and possibly others, but have the assurance that Haleigh will be returned to him immediately after those visits, as he will have been designated Temporary Primary Physical Custodian, and Temporary Legal Custodian and will have a Court Ogler granting him that status. Plaintiff/Father strongly believes maternal grandmother might refuse to return his daughter without a Court Order. 13. After Respondent/Mother completes her tour of duty in the Middle East and returns to Cumberland County, parties by stipulation or through the Court may change the Court Order to Shared Legal and Shared Physical Custody. 14. At this time however, Plaintiff/Father requests this Order so Becky Heller, Haleigh's maternal grandmother will not attempt to keep Haleigh, forcing Plaintiff/Father to go to Court to regain custody, which would take time, money, and emotional distress. 15. Plaintiff/Father does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 16. Plaintiff/Father has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 17. Plaintiff/Father does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to them. 18. Each parent whose parental rights to this minor child have not been terminated and the person who now has physical custody of the child have been named as parties in this action. 19. Plaintiff/Father has discussed this with Respondent/Mother and he does not believe she will object to this Temporary Order. 20. Respondent/Mother will probably not want to make a trip to Carlisle for this hearing, but will certainly be able to participate over the telephone. WHEREFORE, Plaintiff/Father respectfully prays that your Honorable Court, grant Temporary Legal Custody to the Plaintiff/Father and Temporary Physical Custody of Haleigh to the Plaintiff/Father, until further Order of Court. Respectfully Submitted, Date: November , 2008 Herbert C,pky Goldstein, Esquire 59 Central Boulevard Camp Hill, PA 17011 Telephone: 717-236-6491 Attorney I.D. 07182 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements are made herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date eb:.Pv -1-5-16 AWELL HERBERT CORKY GOLDSTEIN, ESQUIRE 59 Central Boulevard Camp Hill, PA 17011 (717) 236-6491 preme Court I.D. 07182 Attorney for Plaintiff/Father NATHAN A. BROWNAWELL Plaintiff/Father V. LYNDSEY MARIE BROWNAWELL Respondent/Mother : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION -LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Attorney Herbert Corky Goldstein, hereby state that I personally sent a Certified copy of this filed Custody Complaint to the Respondent/Mother at the residence, where the Respondent is presently residing: TO: Lyndsey Marie Brownawell 1501 Lomaland Drive Apt. 55 El Paso, Texas 79935 This was sent by Certified Mail, Return Receipt Requested, through the U. S. Mail. Date ATTORNE 46VMJCO ?Y GOLDSTEIN Counsel for Plaintiff/Father x ?' CA CA w NATHAN A. BROWNAWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDSEY MARIE BROWNAWELL DEFENDANT 2008-7160 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 05, 2009 at 8:30 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/ ac ueline M. Veme Es . 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 -911, rj ? ? • I Wd 6- 330 0001 AdbiONC)HILOUd B Hi ?Q 30L-HO JAN 0 6 20096?- NATHAN A. BROWNAWELL, Plaintiff VI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7160 CIVIL ACTION - LAW LYNDSEY MARIE BROWNAWELL, Defendant : IN CUSTODY ORDER OF COURT ?' pon AND NOW, this __&L ay of 2009 u consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Nathan A. Brownawell and the Mother, Lindsay Marie Brownawell shall have shared legal custody of Haleigh Elizabeth Brownawell, born May 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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 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. Father shall make any emergency decisions regarding the child and shall notify Mother of the circumstances as soon as possible once the emergency has been dealt with. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody as the parties agree. In the event that Mother is in the Cumberland County area on leave from the military, she shall have physical custody for the period of her military leave, with Father having reasonable time with the child if Mother's leave is for more than one week. 3. Mother shall have liberal telephone contact with the child. 4. This Order in no way grants any legal or physical custody rights to maternal grandparents. 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. BY THE COURT, J. ? V cc:??Ierbert Corky Goldstein, Esquire, Counsel for Father /Lyndsey Marie Brownawell, pro se 1501 Lomaland Drive Apt. 55 El Paso, TX 79935 e- s rnat L'L r. f?f .. r ?6??1? IcJ 91 :011",! !- - °" C 6GOZ NATHAN A. BROWNAWELL, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7160 CIVIL ACTION - LAW LYNDSEY MARIE BROWNAWELL, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Haleigh Elizabeth Brownawell May 17, 2004 Father 2. A Conciliation Conference was held in this matter on January 5, 2009, with the following in attendance: The Father, Nathan A. Brownawell, with his counsel, Herbert Corky Goldstein, Esquire, and the Mother, Lindsay Marie Brownawell, by telephone, pro se. 3. The parties agreed to an Order in the form as attached. f ' S Date JacWine M. Verney, Esquire 40, Custody Conciliator NATHAN A. BROWNAWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI A V. Civil Action- Law : LYNDSEY M. PENA, : No. 2008-7160 -? On (formerly Lyndsey M. Brownawell) : -- : IN CUSTODY U, PETITION TO MODIFY CUSTODY c , ,. - ? AND NOW, comes Lyndsey M. Pena by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Lyndsey M. Pena, hereinafter referred to as "Mother". 2. Respondent is Nathan A. Brownawell., hereinafter referred to as "Father". 3. The parties are the natural parents of Haleigh Elizabeth Brownawell, born May 17, 2004. 4. On January 6, 2009, The Honorable J. Wesley Oler, Jr., entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother is no longer serving in the military. b) Mother is now living in Shermansdale, Pennsylvania. C) Child has expressed a desire to spend more time with her Mother. d) Father is refusing to allow Mother additional time with Child. 6. Mother proposes that this Honorable Court modify the current order to allow Mother and Father to have shared physical and legal custody of the Child. $70.00 100 AT'Y ar-0l0 9 R# a419a8 7. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date:" lag -? p Michael J. Whaz , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Petitioner NATHAN A. BROWNAWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law LYNDSEY M. PENA, : No. 2008-7160 (formerly Lyndsey M. Brownawell) : : IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unworn falsification to authorities. Date: IXIOA dsey M. a, Petitioner NATHAN A. BROWNAWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law LYNDSEY M. PENA, : No. 2008-7160 (formerly Lyndsey M. Brownawell) : : IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan A. Brownawell 233 Wildwood Lane Newville, PA 17241 Dated: 1---? l Michael J. VAwe. q Attorney for Petitioner JAN 0 6 Z009C NATHAN A. BROWNAWELL, Plaintiff V1. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7160 - CWM ACTION - LAW LYNDSEY MARIE BROWNAWELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _Ll?day of 'Z >-h _ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Nathan A. Brownawell and the Mother, Lindsay Marie Brownawell shall have shared legal custody of Haleigh Elizabeth Brownawell, born May 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terns of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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 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. Father shall make any emergency decisions regarding the child and shall notify Mother of the circumstances as soon as possible once the emergency has been dealt with. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody as the parties agree- In the event that Mother is in the Cumberland County area on leave from the military, she shall have physical custody for the period of her military leave, with Father having reasonable time with the child if Mother's leave is for more than one week. r 3. Mother shall have liberal telephone contact with the child. 4. This Order in no way grants any legal or physical custody rights to maternal grandparents. 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. BY THE COURT, J. cc:? rbert Corky Goldstein, Esquire, Counsel for Father ?l,yndsey Marie Brownawell, pro se 1501 Lomaland Drive Apt. 55 El Paso, TX 79935 i17?vq NATHAN A. BROWNAWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7160 CIVIL ACTION LAW LYNDSEY M. PENA DIFI.NDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 19, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 15, 2010 at 9:30 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/ Jacqueline M. Verney, Esq.6 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association N 6j ? ??? ,; ? 32 South Bedford Street S/?/ffi C e.??? &W' arlisle, Pennsylvania 17013 O r , x r, r Telephone (717) 249-3166 N -, N) C2 r X •, C?) > co - 'ts• .L` JUN .1 6 2010 NATHAN A. BROWNAWELL, Plaintiff VI. LYNDSEY M. PENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7160 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW aolo Ju.v /7 A?r1 ?a'Y? " . oc-,? . AND NOW, this I L K day of Y, J-h e , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 6, 2009 is hereby vacated. 2. The Mother, Lyndsey M. Pena, formerly known as Lyndsey M. Brownawell, and the Father, Nathan A. Brownawell shall have shared legal custody of Haleigh Elizabeth Brownawell, born May 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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 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. Mother may relocate to Texas when her husband is reassigned through the military. ??l 3. Beginning June 18, 2010, Mother shall have primary physical custody of the child. 4. While Mother is still in the area, Father shall have periods of partial physical custody on alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. to coincide with his work schedule. 5. Once Mother has relocated, Father shall have physical custody of the child in the summer beginning one week after school ends to one week before school resumes. 6. Father shall have additional times of physical custody when Mother is in the area visiting relatives and such other times as the parties agree. 7. While Mother is in the area, the parties shall exchange custody at a midway location. After Mother relocates, she shall be responsible for all transportation costs. 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, lz? J. W ley Oler, Jr., ? ) J. Z cc: ichael J. Whare, Esquire, counsel for Mother Nathan A. Brownawell, pro se 233 Wildwood Lane Newville, PA 17241 elf ? I f s' rrt? ? X/Y1 NATHAN A. BROWNAWELL, Plaintiff V. LYNDSEY M. PENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7160 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Haleigh Elizabeth Brownawell May 17, 2004 Father 2. A Conciliation Conference was held in this matter on June 15, 2010, with the following in attendance: the Mother, Lindsay M. Pena, with her counsel, Michael J. Whare, Esquire and the Father, Nathan A. Brownawell, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated January 6, 2009 providing for shared legal custody, Father having primary physical custody with Mother having periods of partial physical custody when she was in the area on leave from the military. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator