Loading...
HomeMy WebLinkAbout04-2483CHRISTINA ELAINE MENTZER, Plaintiff BRADLEY ALAN NEAL, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4o. 04- civn TEP, CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Christina Elaine Mentzer. Plaintiff's permanent residence is 75 Bonny Brook Road, Lot 10, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Bradley Alan Neal, Sr., currently incarcerated in the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiffseeks custody of the minor child: Name Bradley Alan Neal II Present Residence 75 Bonny Brook Road Lot 10 Carlisle, PA 17013 The child, Bradley Alan Neal II, was bom out of wedlock. Age 8/23/01 DOB, 2 years old resides at 75 Bonny Brook Road, Lot 10, Carlisle, Pennsylvania 17013. During the child, Bradley Alan Neal II's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Christina Elaine Mentzer Bradley Alan Neal, Sr. Austin Robert Jones 15 Oxford Road Gardners, PA Birth- 10/01 Christina Elaine Mentzer Peggy Mentzer Jennifer Mentzer Austin Robert Jones 11 Mountville Terrace Newville, PA 17241 10/01 - 5/02 The child is presently in the custody of the plaintiff, who is the biological mother and Christina Elaine Mentzer Bradley Alan Neal, Sr. Trudy Neal Christina Elaine Mentzer Bradley Alan Neal, Sr. Christina Elaine Mentzer 1027 Oakville Road Newville, PA 17241 The Molly Pitcher Hotel 13 South Hanover Street Carlisle, PA 17013 75 Bonny Brook Road, Lot 10 Carlisle, PA 17013 5/02 - 8/02 8/02 - 9/5/02 9/5/02 - present The mother of the child is, Christina Elaine Mentzer, currently residing at 75 Bonny Brook Road, Lot 10, Carlisle, Pennsylvania 17013. She is single. The defendant is Bradley Alan Neal, Sr., currently incarcerated in the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17013. He is single. 4. The relationship of plaintiff to the child is that of mother. The plainfiffcurrently resides with the following persons: Name Christina Elaine Mentzer Bradley Alan Neal II Relationship Self Son with Defendant 5. The defendant currently resides with the Cumberland County Prison population. 6. The plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for the child, and she can continue to provide for the child. b) The mother is the parent who can best facilitate any interaction between the child and the defendant. c) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The defendant has a volatile temper that he does not control with the plaintiffor in front of the child, creating an unsafe atmosphere for the children. ii) The defendant has problems with drug and alcohol abuse and has been imprisoned for drug and alcohol related offenses. Consequently, the defendant is unable to provide for the day-to- day care and needs of the child. 10. 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. WHEREFORE, the plaintiff requests this Court Grant the parties shared legal custody of the child. Grant her primary physical custody of the child. Grant the defendant periods of partial custody while at the Cumberland County Prison. The visits shall be facilitated by the defendant's Aunt, Bonnie Cressler, on alternating Sundays, for periods no longer than two hours. Upon the defendant's release from prison, grant the defendant periods of partial custody in accordance with the following schedule: a. One day each week for a period of six hours on a date and at times agreed upon by the parties. b. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. c. Additional times as the parties may agree. d. On the following holidays from 1:00 p.m. until 6:30 p.m.: child's birthday; Memorial Day; Father's Day; Independence Day; Labor Day; Columbus Day; Thanksgiving; and Christmas. Any additional relief the Court feels just and proper. Jessi~ Diamondstone'~ Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Christina Elaine Mentzer, verifies that the statements made in the above complaint For custody are true and correct, Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Christina Elaine Meq~zer CHRISTINA ELAINE MENTZER, Plaintiff BRADLEY ALAN NEAL, SR., Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : : : CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Christina Elaine Mentzer, hereby certify that I have served a copy of the foregoing COMPLAINT FOR CUSTODY on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Nathan C. Wolf, Esquire 37 South Hanover Street - Suite 201 Carlisle, PA 17013 MidPenn Legal Services, Inc. Date: ~~ire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 CHRISTINA ELAINE MENTZER, Plaintiff BRADLEY ALAN NEAL SR,, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o4- & qq 3 CW L TErn CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christina Elaine Memzer, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CHRISTINA ELAINE MENTZER, Plaintiff BRADLEY ALAN NEAL, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PE~SYLVANIA : NO. 04- ~'t ~ 5 CIVIL TE~ : CUSTODY CUSTODY ORDER AND NOW, this ':/' day of qu,,~ ., 2004, the following Order is entered by consent of the parties with regard to custody of the parties' minor child, Bradley Alan Neal, II, bom August 23, 2001. 1. Plaintiff, Christina Mentzer, hereinafter referred to as the mother, and Defendant, Bradley Neal, Sr., hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. During his period of incarceration, the father shall have periods °f supervised visitati°n on alternating Sundays at times agreed upon by the parties and in accordance with the visitation schedule for the Cumberland County Prison. All transportation will be provided by Bonnie Cressler, the father's Aunt. 4. Upon his release from incarceration, the father shall enj°y peri°ds °f Partial physical custody of the minor child as follows: a. One day each week for a period of six hours on a date and at times as agreed upon by the parties. b. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. c. Father shall also enjoy temporary custody at such times as the parties may agree. 4. On the following holidays, the father will have partial custody from 1:00 p.m. until 6:30 p.m.: a. Bradley Alan Neal, II's birthday b. Memorial Day c. Father's Day d. Independence Day e. Labor Day f. Columbus Day g. Thanksgiving h. Christmas 5. The mother shall have custody of the child on Mother's Day, even if this falls on the father's custodial weekend. On such an occasion, the father shall return the child to the mother by 9:00 a.m. on Mother's Day morning. 6. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parenfs care. 7. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. 8. The parties may modify the schedule by mutual agreement. Absent an agreement, the custody schedule set forth above shall control. 9. The parties shall remain drag and alcohol free when with the child. By the Court: / e This Order is entered pursuant to the consent of Plaintiff and Defendant: ~l~rlSflna Elaine IClentzefi~ - .&~lleyXl~th Neal, Sr. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 3'7 So3ffia Hanover~reet S,uitf201 Car~isle,~17013 ('71'~41-4436 CHRISTINA ELAINE MENTZER : PLAINTIFF : V. : BRADLEY ALAN NEAL, SR. : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2483 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 17, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 08, 2004 at ~10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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. All children a~e five or older may also be present at the conference. Failure to apvear 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. Custody Conc fl~ato mhc 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 SItOULD TAKE TItIS 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 JUN 2 Z 2004 BRADLEY ALAN NEAL, SR., Defendant CHRISTINA ELAINE MENTZER,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2483 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of June, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, ~cq~ey, Esquire, Custod~Conciliator