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DAVID BROWN,
Plaintiff
v.
DEBRA JACKSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - ~ G ~ CIVIL TERM
CIVIL ACTION -LAW
1N DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case will proceed without you and a decree in divorce or annulment may be
entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the First Floor, Cumberland County
Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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, PA 17013
(717) 249-3166
DAVID BROWN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v• : NO. 09 - D'7i G~ CIVIL TERM
DEBRA JACKSON, :CIVIL ACTION -LAW
Defendant : IN DIVORCE/CUSTODY
COMPLAINT IN DIVORCE/CUSTODY
1. The Plaintiff is David Brown, an adult individual whose current residence is
3 Westwood Drive, Mount Holly Springs, Cumberland County, Pennsylvania.
2. The Defendant is Debra Jackson, an adult individual whose current
residence is 1022 22nd Street, Huntingdon, West Virginia.
3. The Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania
and has been so for at least six months immediately previous to the filing of this
complaint.
4. The Plaintiff and the Defendant were married on or about February 20,
1998, in York County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
parties.
6. The Defendant is not a member of the Armed Forces of the United States
of America, or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the
right to request that the Court require the parties to participate in counseling. Knowing
this, the Plaintiff does not desire that the Court require the parties to participate in
counseling.
8. The Plaintiff and the Defendant are citizens of the United States of
America.
9. The parties have lived separate and apart since the date of the filing of the
Divorce Complaint and continue to live separate and apart as of the date of this
Complaint.
10. The parties' marriage is irretrievably broken.
11. The Plaintiff desires a divorce based upon the belief that Defendant will,
after ninety days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a
decree in divorce.
COUNT II
CUSTODY
12. Paragraphs 1 through 11 are incorporated herein by reference as if fully
set forth.
13. The Plaintiff seeks shared legal custody and partial physical custody of his
children: Danielle Brown, born May 9, 1991; Deanna Brown, born January 16, 1993;
Denise Brown, born January 26, 1994; and Dustin Brown, born July 25, 1996; and
Derek Brown, born November 27, 1999 (hereinafter, the "Children").
14. The Children are presently in the custody of the Defendant.
15. The Children have lived at the following addresses over the past five
years:
Address Dates Resided With
204 High St. (rear) 2003 Father and
Carlisle, PA 17013 Paternal Grandmother
856 W. Alvin St. Sep. 2003 - 2004 Father
Hanover, PA 17331
1022 22nd St. 2004 -Present Mother
Huntingdon, WV 25703
16. The relationship of the Plaintiff to the Children is that of natural father.
17. The relationship of the Defendant to the Children is that of natural mother.
18. The Plaintiff has not participated as a party or in any other capacity in
other litigation concerning the custody of the Children in this or any other Court.
19. The Plaintiff has no information of a custody proceeding concerning the
children pending in a Court of this Commonwealth.
20. No other persons are known to have or claim to have any right to custody
or visitation of the Children other than the parties to this action.
21. The best interest and permanent welfare of the Children will be served by
granting the relief requested because it will provide the Children quality time with
Plaintiff, their father, and to nurture an ongoing relationship between father and children.
22. 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. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
23. The Mother bore a sixth child by the name of Ray Allen Brown three to
four years ago, and who is not a natural child of the Plaintiff and with whom the Plaintiff
has no relationship whatsoever. The Plaintiff does not pursue custody of Ray Allen
Brown, who has been specifically excluded from this Complaint.
WHEREFORE, Plaintiff requests your Honorable Court schedule a conciliation
conference and subsequently grant Plaintiffs requests for partial physical custody.
Respectfully S
TUR~A~ O~ICES
+J ~ G'7 G,9
Date Lori drew Snyder,
P D#2 199
South itt Streef~
~1ZL~45-8688
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true ano
correct. I understand that false statements herein made are subject to the penalties of
Pa.C.S. §4904 relating to unsworn falsification to authorities.
1_n -~o
Date
~~~~ ~
David Brown
..,,
CERTIFICATE OF SERVICE
I, Lorin Andrew Snyder, Esquire hereby certify that I served a true and correct
copy of the Complaint in Divorce, by depositing same in the United States Mail, first
~~~~'~ class, postage pre-paid, certified, return receipt requested, on the Seventh day of
~' January, 2009, from Carlisle, Pennsylvania, addressed as follows:
Debra Jackson
1022 22nd Street
Huntingdon, WV 25703
TU
~o Andrew nyder, Esquire
28 So Street
Carlisl 17013
245-9688; FAX 717.245.2165
Attorney for Plaintiff
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DAVID BROWN, : IN THE COURT OF COMMON PLEAS ?I,,) *s
Plaintiff : CUMBERLAND COUNTY, PENNSYLZA -
V. : NO. 09 - 0067 CIVIL TERM
co 4:)c
DEBRA JACKSON, : CIVIL ACTION - LAW :
Defendant : IN CUSTODY - -`''
CUSTODY STIPULATION AGREEMENT 'w
THIS STIPULATION AND AGREEMENT, entered into this day of Gdl
2011, by and between David Brown and Debra Jackson is executed in contemplation of
becoming an Order of Court.
WHEREAS, David Brown and Debra Jackson are the parents of the following minor
children: Denise Brown, born January 26, 1994; and Dustin Brown, born July 20, 1995; and
WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the
custody of Denise Brown and Dustin Brown.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
All previously existing custody orders are hereby vacated.
2. Denise Brown, born January 26, 1994; and Dustin Brown, born July 20, 1995,
are the natural children of David Brown (hereinafter the "Father") and Debra Jackson
(hereinafter the "Mother").
3. Shared legal custody of the Children as contemplated by the Act of October 30,
1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents.
Major decisions concerning the Children, including, but not necessarily limited to, the Children's
health, welfare, education, religious training and upbringing shall be made jointly by both
parents, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the Children's best interest. Each parent shall not impair the
other party's rights to shared legal custody of the child. Each parent shall not alienate the
affections for the Children from the other party. Each parent shall notify the other of any activity
or circumstance concerning the Children that could reasonably be expected to be of concern to
the parent then having physical custody. With regard to any emergency decisions that must be
made, the party having physical custody of the Children 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 thereafter possible.
Each parent shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports given to either party as a guardian or
custodian.
4. The Father shall have sole physical custody of Denise Brown and Dustin Brown.
5. Both parents shall have liberal and reasonable telephone contact with the
Children when the Children are in the custody of the other parent.
6. The provisions in this Order shall be strictly adhered to unless otherwise agreed
upon by the parties herein. The parties are free to modify the terms of this Order but, in order to
do so, the Court makes it clear that both parties must be in complete agreement to any new
terms. In other words, both parties must consent on what shall be the new terms of the custody
arrangement or visitation schedule.
7. In the event either party wishes to modify this Order, they may petition to have
the case scheduled with the Court.
WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures.
/fI?/f 9
David Brown V
Father
Witness to avid / wn
Debra Jackson
Mother
W ness to Debra Jackson
'.) C
DAVID BROWN : IN THE COURT OF COMMON P
,
Plaintiff : CUMBERLAND COUNTY, PENN W,, A14IA`
V. : NO. 09 - 0067 CIVIL TERM `<?
-o
?-,
DEBRA JACKSON
: CIVIL ACTION - LAW = «? ---
,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this Qth day of v % V , 2011, upon
consideration of the Custody Stipulation Agreement, it is ORDERED and directed as
follows:
All previously existing custody orders are hereby vacated.
2. Denise Brown, born January 26, 1994; and Dustin Brown, born July 20,
1995, are the natural children of David Brown (hereinafter the "Father") and Debra
Jackson (hereinafter the "Mother")
3. Shared legal custody of the Children as contemplated by the Act of
October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the
natural parents. Major decisions concerning the Children, including, but not necessarily
limited to, the Children's health, welfare, education, religious training and upbringing
shall be made jointly by both parents, after discussion and consultation with each other,
with a view toward obtaining and following a harmonious policy in the Children's best
interest. Each parent shall not impair the other party's rights to shared legal custody of
the child. Each parent shall not alienate the affections for the Children from the other
party. Each parent shall notify the other of any activity or circumstance concerning the
Children that could reasonably be expected to be of concern to the parent then having
physical custody. With regard to any emergency decisions that must be made, the
party having physical custody of the Children 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
thereafter possible. Each parent shall be entitled to complete and full information from
any doctor, dentist, teacher, professional or authority and to have copies of any reports
given to either party as a guardian or custodian.
4. The Father shall have sole physical custody of Denise Brown and Dustin
Brown.
5. Both parents shall have liberal and reasonable telephone contact with the
Children when the Children are in the custody of the other parent.
6. The provisions in this Order shall be strictly adhered to unless otherwise
agreed upon by the parties herein. The parties are free to modify the terms of this
Order but, in order to do so, the Court makes it clear that both parties must be in
complete agreement to any new terms. In other words, both parties must consent on
what shall be the new terms of the custody arrangement or visitation schedule.
7. In the event either party wishes to modify this Order, they may petition to
have the case scheduled with the Court.
By the Court,
'*1. Alk J.
c.c. /Lorin A. Snyder, Esq., Attorney for Father
'o t'
Debra Jackson, Pro se apie-S