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HomeMy WebLinkAbout09-0477Courtney Kishel Powell, Esquire PAID No. 81509 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, Pennsylvania 17033 Attorney for Plaintiff MICHAEL BROWNEWELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. (2 C' NO. l.: t u "C Ise n TRACY BROWNEWELL, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael Brownewell, residing at 3 Tern Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Tracy Brownewell, residing at 293 Plaza Drive, Boling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks physical custody of the following children: Rayven Lynn Brownewell 202 Garfield Drive 11/8/00 Carlisle, PA 17015 Gavin Michael Brownewell 202 Garfield Drive 10/14/06 Carlisle, PA 17015 Rayven Lynn Brownewell was born out of wedlock. Gavin Michael Brownewell was born of the marriage. The children are presently in the custody of Brenda and Gary Kuhn, maternal grandparents, who reside at 202 Garfield Drive, Carlisle, Cumberland County, Pennsylvania 17015. During the past five years, the children have resided with the following persons and at the following addresses: Michael and Tracy Brownewell 3 Terri Drive birth to 10/07 Carlisle, PA 17015 Brenda and Gary Kuhn 202 Garfield Drive 10/07 to present Carlisle, PA 17015 The mother of the children is Tracy Brownewell, currently residing at 293 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. She is divorced. The father of the children is Michael Brownewell, currently residing at 3 Terri Drive, Carlisle, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides by himself. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides by herself as far as Plaintiff knows. 6. 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 information of a custody proceeding concerning the children pending in court of this Commonwealth or any other state. Plaintiff knows 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. The names and address of such persons are: Brenda and Gary Kuhn, maternal grandparents who currently reside at 202 Garfield Drive, Carlisle, Cumberland County, Pennsylvania 17015. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because father should have regular and consistent periods of custody with his two (2) children. $. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been identified herein. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. Name Address Basis for claim Brenda and Gary Kuhn 202 Garfield Drive Grandparents Carlisle, PA 17015 WHEREFORE, the Plaintiff, Michael Brownewell, requests the court to grant physical custody of the minor children, Rayven Lynn Brownewell and Gavin Michael Brownewell, to him. Respectfully submitted, Dated: By: Attorney I.D. #81504 P.O. Box 650 v Hershey, PA 17033-0650 (717) 533-3280 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY, LLP VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / ?f AM9 W ?.w-a MICHAEL BROWNEWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY BROWNEWELL DEFENDANT 2009-477 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 03, 2009 , 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, March 02, 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/ Jacqueline M. Verne 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 AJNrl go m Wa C^ 3A YW IV" "aOLVIMI ilul"L FLAK 0 2 Z06, 6 MICHAEL BROWNEWELL, Plaintiff VI. TRACY BROWNEWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009477 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 41h day of M air V\r? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael Brownewell and the Mother, Tracy Brownewell, shall have shared legal custody of Rayven Lynn Brownewell, born November 8, 2000 and Gavin Michael Brownewell, born October 14, 2006. 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 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 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. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as follows: A. Every Wednesday from 5:00 p.m. to 8:00 p.m. B. Alternating Saturdays from 11:00 a.m. to 6:00 p.m. a C. Beginning the first weekend in September, 2009, one weekend per month to coincide with the alternating Saturdays as listed in 3B, from Friday at 5:30 p.m. to Saturday at 4:00 p.m. D. Christmas Day from 11:30 a.m. to 4:00 p.m. E. All other holidays and birthdays as agreed by the parties. F. Such other times as the parties can agree. 4. Father shall be responsible for all transportation unless otherwise agreed. 5. In the event that Gavin is sick, Father will not exercise his period of custody with Gavin. 6. Neither party shall do anything or say anything, nor permit third parties from doing or saying 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. 7. 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. Michael Brownewell, pro se 3 Terri Drive Carlisle, PA 17015 Tracy Brownewell, pro se 293 Plaza Drive Boiling Springs, PA 17007 KIN, )(y) 341 MICHAEL BROWNEWELL, Plaintiff V. TRACY BROWNEWELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009477 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rayven Lynn Brownewell November 8, 2000 Mother Gavin Michael Brownewell October 14, 2006 Mother 2. A Conciliation Conference was held in this matter on March 2, 2009, with the following in attendance: The Father, Michael Brownewell, pro se, and the Mother, Tracy Brownewell, pro se. 3. The parties agreed to an Order in the form as attached. 3 -.a -o q /4- //", Date acq ine M. Verney, Esquire Custody Conciliator