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HomeMy WebLinkAbout09-3095JAIME S. NOVINGER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUSTODY BENJAMIN F. BRAGG, II Defendant :NO. Q Gf ' 3 G N COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Jaime S. Novinger, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint for Custody, in which she avers that: 1. Plaintiff, Jaime S. Novinger, is an adult individual residing at 1510 Waterford, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Benjamin F. Bragg, II, is an adult individual and, upon information and belief, resides at 1505 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff seeks primary physical and joint legal custody of the following children: Name Date of Birth Residence Diamond T. Bragg 12-17-1999 Passion T. Bragg 06-28-2001 The children were born out of wedlock. Mother Mother The children are presently in the custody of their mother, Jaime S. Novinger, the Plaintiff herein, who resides at 1510 Waterford, Camp Hill, Cumberland, Pennsylvania 17011. 4. During the past five years, the children have resided at the following addresses with the individuals indicated: Persons liviniz with children Address Dates Mother 1510 Waterford January 06 to present Camp Hill, PA 17011 Mother and Father 1510 Waterford Camp Hill, PA 17011 2005 to January 06 Mother and Father 1430 Waterford 2000 to 2005 Camp Hill, PA 17011 5. Plaintiff is the Mother of the children and she currently resides with the children at 1510 Waterford, Camp Hill, Cumberland County, Pennsylvania 17011. She is single. 6. Defendant is the Father of the children and, upon information and belief, currently resides with his girlfriend and her child at 1505 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. His is single. 7. The relationship of plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Diamond T. Bragg Daughter with Defendant Passion T. Bragg Daughter with Defendant 8. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: Name Relationship Selena Alman girlfriend Isaiah Alman girlfriend's son 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 information of a custody proceeding concerning the children pending 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 2 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: Plaintiff has been the children's primary care taker since their birth. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court grant her primary physical custody and joint legal custody of the parties' minor children. DATED: 5,6-,rv of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 Respectfully submitted, VERIFICATION 1, J.dne S. Novk4eir, h=by verify that the statements made in the foregoing document Iue true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are mask subject to the penaltics 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. 0- 1 DATED: e S. NovinV?;r (?D OF TN:r ` {AF?Y 2009 n l Y 3 ?d e'4`?. ? 5'/Ld JAIME S. NOVINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN F. BRAGG, II DEFENDANT 2009-3095 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 24, 2009 at 3:30 PM 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/ Dawn S. Sunday, Esq. ?f 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 Sheriffs Office of Cumberland County R Thomas Kline r at 'C lu"b Edward L Schorpp Sheri 'Gov", Solicitor Ronny R Anderson j ` f^ r Jody S Smith Chief Deputy OFFICE I "E $hEERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/15/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Benjamin F. Bragg II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Order of Court according to law. 06/02/2009 Dauphin County Return: And now June 2, 2009 at 1300 hoursi'Dack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint for Custody, upon the within named defendant, to wit: Benjamin F. Bragg II by making known unto himself personally, defendant at Front and Market Streets Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS June 04, 2009 R THOMAS KLINE, SHERIFF 2009-3095 Jaime S. Novinger V Benjamin F. Bragg, II CJ H 'C t:79 C C6 11-, CID 7117 ayr? b ?`r.:1 rM CA) 4 (etti'tilt of t4v Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JAIME S NOVINGER VS BENJAMIN F BRAGG, II Sheriff s Return No. 2009-T-1259 OTHER COUNTY NO. 20093095 And now: JUNE 2, 2009 at 1:00:00 PM served the within COMPLAINT FOR CUSTODY upon BENJAMIN F BRAGG, II by personally handing to BENJAMIN F BRAGG, II 1 true attested copy of the original COMPLAINT FOR CUSTODY and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to before me this 2ND day of June, 2009 TIOTl1R1AL SEAL ARYJANE SNYDER, Notary Pub li Highspire, Dauphin County M Commission Ex ires S t 1, 2010 So Answers, ?7 Sheriff ff of Dauphin County, Pa. Deputy Sheriff Deputy: LORRAINE SITLINGER Sheriffs Costs: $41.25 5/18/2009 'JUN 2 9 2009 JAIME S. NOVIIvTGER Plaintiff vs. BENJAMIN F. BRAGG, II Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-3095 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother. Jaime S. Novinger, and the Father, Benjamin F. Bragg, II, shall have shared legal custody of Diamond T. Bragg, born December 17, 1999, and Passion T. Bragg, born June 28, 2001. Major decisions concerning the Children including, but not necessarily limited to, their health. welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child 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 possible. In accordance with 23 Pa.C.S.A. §309, each party shall be entitled to complete and full information from any doctor, dentist, teacher. professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parties shall consult with each other prior to enrolling the Children in extracurricular activities which would affect the other parent's custodial time with the Children. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children and to address issues related to the Children's emotional and general well-being and needs. The parties shall attend a minimum of three sessions and shall thereafter follow the recommendations of the counselor with regard to ongoing counseling sessions. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. Within seven days of the custody conciliation conference, the parties shall select the counselor by agreement and within 14 days of the conciliation conference, each party shall contact the selected counselor's office in order to schedule the initial sessions. Z 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. Summer School Break: During the summer school break, the parties shall share having physical custody of the Children on an alternating weekly schedule with the exchange to take place every Monday at 1:00 p.m. The non-custodial parent shall be entitled to have a period of custody with the Children on Thursday from 3:30 p.m. until 8:30 p.m. The alternating weekly schedule shall begin with the Mother having custody of the Children on Monday, June 29, 2009. B. School Year: During the school year, the parties shall share having physical custody with the Mother having custody every week from Wednesday at 3:30 p.m. through Sunday at 1:00 p.m. and the Father having custody from Sunday at 1:00 p.m. through Wednesday at 3:30 p.m. The parties agree to follow this schedule at least for the first semester of the 2009-2010 school year with the opportunity for either party to request the scheduling of a custody conciliation conference within six months of the date of this Order if necessary to review the school year schedule. The schedule shall continue in effect pending further Order of Court or agreement of the parties. 4. The parties shall share having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., Segment B. which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m., Segment C, which shall run from December 26 at 2:00 p.m. through December 28 at 9:00 a.m., and Segment D, which shall run from December 28 at 9:00 a.m. through January 3 at 9:00 a.m. In odd numbered years, the Mother shall have custody of the Children during Segments A and D and the Father shall have custody during Segments B and C. In even-numbered years, the Father shall have custody of the Children during Segments A and C and the Mother shall have custody during Segments B and D. B. New Year's: In every year, the Mother shall have custody of the Children as specified in the preceding paragraph from December 28 at 9:00 a.m. through January 3 at 9:00 a.m. C. Thanksgiving: In every year, the Mother shall have custody of the Children for the Thanksgiving holiday from Wednesday at 3:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Father shall have custody of the Children every year from Thanksgiving Day at 3:00 p.m. through Friday at 3:00 p.m. D. Alternating Holidavs: The parties shall alternate having custody of the Children on Easter. Memorial Day and Independence Day from 9:00 a.m. until 8:30 p.m. In odd-numbered years. the Father shall have custody of the Children for Easter and Independence Day and the Mother shall have custody for Memorial Day. In even-numbered years. the Mother shall have custody of the Children for Easter and Independence Day and the Father shall have custody for Memorial Day. E. Labor Dav: In every year, the Father shall have custodv of the Children on Labor Day from 9:00 a.m. until 8:30 p.m. F. Mother's Day/Father's Day: In every year. the Mother shall have custody of the Children on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 8:30 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. H. In the event a parent's period of holiday custody falls immediately preceding or following that parent's regular period of custody, the regular and holiday periods of custody shall run continuously without interruption. 5. Each party shall be entitled to have up to two nonconsecutive weeks of vacation with the Children in the summer each year upon providing at least one week's advance notice. Unless otherwise agreed between the parties, each party shall schedule his or her periods of vacation custody to coincide with that parent's alternating week of custody under the regular summer schedule. 6. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Children can be contacted. 7. In the event either parent is unavailable to provide care for the Children during his or her period of custody for an overnight period or longer, that parent shall first provide the other parent with the opportunity to provide care for the Children during the period of unavailability before contacting third party caregivers. 8. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. 9. Neither parent shall schedule activities for the Children on the other party's custodial time unless otherwise agreed in advance between the parties. 10. Neither party shall remove the Children from school for an unexcused absence or unexcused late arrival to school. The parties shall notify each other in advance of any excused absences for the Children from school. 11. Each party shall ensure that the Children's homework is completed during his or her periods of custody. 12. The parties shall equally share all of the Children's extracurricular activity and medical expenses and the Mother shall be entitled to claim the Children as exemptions for tax purposes in every year. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent. or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 14. This Order is entered pursuant to an agreement of the conference. The parties may modify the provisions of this Order by r of mutual agreement, the terms of this Order shall control. BY T COU parties at a custody conciliation Tutu -r2greement. In the absence J. Z izabeth S. cc: El Benjamin F Beckley, Esquire - Counsel for Mother Bragg, II - Father Cc f t'£.S lgao/o? ?l eVL aLLCL JAIME S. NOVINGER Plaintiff Vs. BENJAMIN F. BRAGG, II Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-3095 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Diamond T. Bragg December 17, 1999 Mother/Father Passion T. Bragg June 28, 2001 Mother/Father 2. A custody conciliation conference was held on June 24, 2009, with the following individuals in attendance: the Mother, Jaime S. Novinger, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Benjamin G. Bragg, 11, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 6 Date Dawn S. Sunday, Esquire Custody Conciliator FILED-Ot ROF OF THE ) f Tj1 qy 2009 JUR 30 Ali 0: 16)