Loading...
HomeMy WebLinkAbout09-8403TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009- S' y b3 CIVIL TERM SHANNON M. BRANNEN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Travis L. Barnett, by his attorneys, Irwin & McKnight, P.C., and presents the following Complaint for Custody. 1. The Plaintiff, Travis L. Barnett, is an adult individual with an address of 598 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant, Shannon M. Brannen, is an adult individual with an address of 136 South Enola Drive, Apartment 1, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the natural parents of one (1) child, namely, Alaina Nicole Brannen, born September 21, 2009. 4. The Plaintiff, Travis L. Barnett, desires that the parties have shared legal custody of the minor child, Alaina Nicole Brannen. 5. The Plaintiff, Travis L. Barnett, desires shared physical custody of the said minor child, Alaina Nicole Brannen, with the Defendant, Shannon M. Brannen, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Travis L. Barnett, respectfully requests that he be awarded shared physical custody and shared legal custody of the minor child, Alaina Nicole Brannen, as provided herein. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcus ig'Iht, I uire A<is for Plaintiff 6 Pomfret Street C, vama 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: December 3, 2009 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. T%UVAIL. ARNETT Date: December 3, 2009 r 20H L C -4i Fi; 3: e2 6 i7y IPO// mlmye JAN 19 2010 Flt~~ % ~''-''~ TRAVIS L. BARNETT, {,c T~;= p~-r ^`~`'~T~~~ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Z01 ~ J'~~ 22 ~;~~ i 1~ 4 3 v. „ ~,, No. 09-8403 CNIL ACTION LAW tii:i~ .' ~ , '. ~ :i,ti ~ 1 SHANNON M. BRANNEN, r`=h''"i'~''~~': ~f ~ IN CUSTODY Defendant ORDER OF COURT AND NOW this 20 day of January 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing Friday 01/22/10, Father shall have physical custody of Alaina every other weekend from Friday 6:30 pm until Sunday 3:00 pm. b. The parties shall exchange custody of Alaina at the Wertzville Turkey Hill store at the designated times. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. a 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. A status conference is hereby scheduled for April 20 2010 at 9:00 am with the assigned conciliator. This conference is intended to be a telephonic conference initiated by the conciliator; however, at the request of either counsel, an in-person conference is scheduled for the same time but to take place at the Court of Common Pleas in Carlisle, PA 17013. 11. This Order is entered pursuant to 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, bution: ,,/ cus McKnight, Esquire „i~VI~'chelle Sommer, Esquire ~hn J. Mangan, Esquire l/~. ~.I ra --~-r~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Inde endence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custod,~ of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Michelle Sommer, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. t°(~/~ Date John gan, Esquire Cu o Conciliator ~ APR 2 7 2010 TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, No. 09-8403 CIVIL ACTION LAW . ~ • r SHANNON M. BRANNEN, IN CUSTODY ~ }~_=- ;-~ _~, Defendant - - ~. ~ • _~- r - -: .;LL- Prior Judge: J. Wesley Oler, Jr., J. = ~. ~{ ~ :~_„ ORDER OF COURT ~- = ~ ;; -- ~y .~ ~: =~ AND NOW this ~ day of ~rif 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 of 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Mother is not available at that time, Mother shall return Father's call as soon as possible. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information U regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parents have agreed to engage in a custody evaluation with an agreed upon professional to ascertain an appropriate custody situation between the parents. After the evaluation has been completed and a recommendation issued, either party has the right to contact the assigned conciliator to schedule a conference, if necessary. 12. This Order is entered pursuant to 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. Distribution: ~/N~rcus McKnight, Esquire C' dy Hribal, Esquire John J. Mangan, Esquire l.D ~ f~S' rn~t ~4:c1.. s~s~~~ ~-'~'~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2n Half From 3 pm until 6 m Mother Father Memorial Day From 9 am until 6 pm Mother Father Inde endence Day From 9 am until 6 m Father Mother Labor Day From 9 am until 6 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 pm Father Father ,. . TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010 and a conciliation conference was held Apri120, 2010 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Cindy Hribal, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. l.- -Z lL - Date John J. ang ,Esquire Custody Conciliator Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 Attorney for Defendant C~' ~F~~ ~`~~~~~~~~~~1Tt'~R's' IN THE COURT OF COMMON PLEAS OF C~~ ¢~~COUNTY, PENNSYLVANIA TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant. NO.: 09-8403 CIVIL ACTION -LAW CUSTODY MOTION FOR EMERGENCY CUSTODY AND NOW, comes Defendant, Shannon M. Brannen, by and through her counsel, Cindy L. Villanella, Esq., of Carrucoli & Associates, P.C., and avers the following in support of her Petition: 1. Shannon M. Brannen, hereinafter referred to as "Mother," is an adult individual residing at 111 Verbeke Street, Apt. A, Marysville, Pennsylvania 17053. 2. Travis L. Barnett, hereinafter referred to as "Father," is an adult individual residing at 598 Boxwood Lane, Carlisle, PA 17015. 3. The parties are the parents of Alaina Nicole Brannen, born September 21, 2009. 4. The parties have attended numerous conciliation conferences with the most recent one being on April 20, 2010. 5. The parties agreed to an order granting Mother primary physical custody and Father periods of partial physical custody every other weekend from Thursday at 6:30pm until o" k~~~a~~ ~~,~~av~ Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 Attorney for Defendant Sunday at 4:OOpm. The current Custody Order is incorporated herein an attached hereto as Exhibit A. 6. On September 19, 2010, Mother received the minor child after Father's custodial period to find that the minor child had a large scab at the corner of her left eye. Pictures 1 and 2 are incorporated herein and attached hereto as Exhibit B. 7. When Mother questioned what happened to the minor child's face, she was informed that the child fell into the leg of a table. Mother questioned whether such an injury would occur from falling into a table leg. On October 2, 2010, one of Father's weekends, Mother attempted to contact Father by text message. When she did not receive a response she called Father's residence. Father's Mother (Paternal Grandmother) answered the phone and Mother heard the two arguing. 9. Paternal Grandmother called Mother back about an hour later and requested that Mother meet her at Turkey Hill to pick up the minor child. 10. While at Turkey Hill, Paternal Grandmother informed Mother that Father was throwing the minor child in the air and hit her head against the wall. The minor child had a large bruise and bump on her right temple. Pictures 3-7 are incorporated herein and attached hereto a Exhibit C. 11. When Paternal Grandmother and her husband tried to tell him he was too close to the wall, he stated that Alaina was his daughter and he "will do what he wants." 12. Paternal Grandmother informed Mother that she believed the minor child needed to return to Mother at that time for the minor child's safety. Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 Attorney for Defendant 13. Paternal Grandmother further stated that Father has anger problems and is taking his anger out on the minor child. 14. Paternal Grandmother even feared for her own safety and was not returning to her own home in fear of Father. 15. Mother is extremely concerned for her daughter's safety if she is allowed to be in Father's custody. 16. Mother requested an additional conciliation on September 20, 2010, which is scheduled for October 28, 2010 in front of conciliator John J. Mangan, Esquire. 17. Mother is requesting an emergency custody order awarding Mother full custody until Father's anger issues can be resolved. WHEREFORE, Mother requests this Honorable Court to award her full physical custody of the minor child pending an evaluation of Father's anger issues. Date: ~~ Respectfully submitted, Supreme Carrucoli & Associates, P.C. PA Supreme Court ID 202325 875 Market Street Lemoyne, PA 17043 Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 Attorney for Defendant VERIFICATION I, Shannon Brannen, verify that the statements made in this Motion for Emergency Custody 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: I ~ ~ ~ I ^ I O s~~~~ Shannon Brannen EXHIBIT A APR 2 7 2010 TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-8403 CIVIL ACTION LAW SHANNON M. BR.ANNEN, IN CUSTODY Defendant op~r Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this ~ day of2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21 /2009. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding 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 of the other pazent. 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 pazent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Mother is not available at that time, Mother shall return Father's call as soon as possible. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per yeaz. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial pazent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other patty as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parents have agreed to engage in a custody evaluation with an agreed upon professional to ascertain an appropriate custody situation between the parents. After the evaluation has been completed and a recommendation issued; either party has the right to contact the assigned conciliator to schedule a conference, if necessary. 12. This Order is entered pursuant to 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. ~ Distribution: Marcus McKnight, Esquire Cindy Hribal, Esquire John J. Mangan, Esquire TRU~~COPYfiRONI REE~RD M TesWnony.wh4~~-~, tiers ta~fo set:my hand and:fhs ot.eeld" ~ Thud ~~, f y~ ~~~.~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 6 m Mother Father Memorial Day From 9 am until 6 m Mother Father Ind endence Day From 9 am until 6 Father Mother Labor Da From 9 am until 6 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks 'vin Da Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNIlVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010 and a conciliation conference was held Apri120, 2010 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Cindy Hribal, Esq. The Father, Travis Barnett, with his counsel, Marcus McKxright, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~ Z ~~ - Date John J. ang ,Esquire Custody Conciliator EXHIBIT B __ ~~ ICI ~ t ~ Y ~ f ~P'dS f a ~ ~ ~ ~f~~ `hey ! , ~' ~ v f g f ~ 1 P ~ ~ ~~ f . I{ ~,I~ I { SR . i ~ ~i I ~~ _ -- - y _ ~~.~ - - it }c.. ~' -_ ,,;: j ~ ~ ~ °~ t; 5 ~~9 ~~ -~~ '~ =~~ ~~: ~k ~~; ~~ p ~. ~3 ,, ,~ .. ~; % - .4 r ~. '~ _• ~~. .,. +_ _- ~~ ~•~ ~r - 4p~r ~ ~z ,. _. „ Fi . c .-_ -rte _ .;+. i u C x: ., +{ 7 . c ~ ~ '_ ~o.~ ~. - ~, ,~ F 'tom ~l+~ 1'7~< ~ ~ ~ y N} ~_~a rT~ ,„ t ~~ ~~ ~ t>:.,~' ~ c~ sk `uti. -~ y .-~ i • y '~S' }p h * ~ T ~.~ ._ ~ ~ -'af/ r pi`t' 'F~ ,~` ~.'n. c .. f "_ ~J- .~.•=~' ~- . ~-,-, M~~ , p~ '; 9 ~,~"~ -~~ ~;, t ,t ;~`_ I t ~ 4 3 0~ L. ! a ~ ~~~ s _~~ '~ ,. `-_ ~.. .'y ~~ » ' ~F k. ~~:"" 3a~ , Fd %:. . e~~4 .~ `. :~_ l~-4 __ ~ ..~ ~_,_ EXHIBIT C 3 lk 4~ h~i '~ f '_ ~ ' ~~ `' Wn _,. ~..~ ~: ~. ~~,.. .S ~~ _. ~, r~+ ~' ~~ 10I3~./2 uz*a z ~:d 8 ~~ Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS L. BARNETT, Plaintiff/Respondent v. SHANNON M. BRANNEN, DefendantlPetitioner NO.: 09-8403 CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Villanella, Esq., hereby certify that a true and correct copy of the Motion for Emergency Custody was served this date on the below named, by placing same in the United States mail, certified, postage prepaid thereon, addressed as follows: Marcus McKnight, Esq. Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Plaintiff Date: TRAVIS ~.,. BARNETT, ' I PlaintifflPetitioner v. '. SHANNQ~1 M. BRANNEN, ~, j Defendant/Respondent Lr ~ ar€i~E,il ~Of~ TAY ~~ f l~ ~'~ T ~ ! Pr'1 3~ 13 IN THE COURT ~ ~~~~ A CUMBERLAND COUNTY, PENNSYL CIVIL ACTION -LAW N0.2009 - 8403 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF S OF VANIA NOW, this 20th day of October 2010, comes the Petitioner, Travis L. Barnett, by his attorneys, & McKnight, P.C., and makes the following Petition for Special Relief against the ,, Responders ,Shannon M. Brannen: 1. Th~ Plaintiff, Travis L. Barnett, is an adult individual with an address of 598 Boxwood Lane, Carp le, Cumberland County, Pennsylvania 17015. 2. Defendant, Shannon M. Brannen, is an adult individual with an address of 136 South Enola Driv ,Apartment 1, Enola, Cumberland County, Pennsylvania 17025. 3. Thell arties are the natural parents of one (1) child, namely, Alaina Nicole Brannen, born Se tember II 1, 2009. P 7~ -DOP~~a.~ ~ 7y~f ~'~ asa~3~ 4. Th'e parties are governed by the Order of Court issued by the Honorable J. Wesley Oler, Jr. dated I~'Iay 2, 2010, a copy of which is attached and marked as Exhibit "A". 5. Thy Respondent, Shannon M. Brannen, over the course of the past several weeks, has deliberate interfered with the periods of physical custody of the Petitioner by refusing to provide ',I with his regular periods of custody with said minor child, Ailana Nicole Barmen, as mandated y the Order of Court dated May 2, 2010. ~ 6. Respondent, Shannon M. Brannen, has not filed to modify custody nor has any other action been served upon the Petitioner, Travis L. Barnett. 7. A. B Petitioner, Travis L. Barnett, requests the following: A finding that the Respondent, Shannon M. Brannen, has deliberately violated the Order of Court by withholding physical custody of the minor child, Ailana Nicole Brannen from the Petitioner, Travis L. Barnett That the Petitioner, Travis L. Barnett, be given additional periods of custody to make up for the times of custody he lost with the minor child, Ailana Nicole Brannen. C. ' ~ That reasonable legal fees be awarded to the Petitioner in the amount of Five Hundred and no/100 ($500.00) Dollars. the Petitioner, Travis L. Barnett, respectfully requests that an Order of Court be ~~ for the relief requested above. Respectfully submitted, IRWIN & McKNIGHT, P.C. C~ ~ By: Marcus . McKni t, II squire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: October 20, 2010 ,,. APR 2 7 2010 ~• BARNETT, IN THE COURT OF COMMON PLEAS OF TRAVIS , Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 09-8403 CIVIL ACTION LAW 3HANNC~~T M. BRANNEN, IN CUSTODY Defendant . Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT NOW this ~~ day of 2010, upon consideration of the attached Custody Conciliatic~ Report, it is Ordered and Directed as follows: ', 1. Alli,~rior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Le~a1 Custody: The Father, Travis Barnett, and the Mother, Shannon Brennen, shall have shaded legal custody of Alaina Nicole Brennen, born 09/21/2009. The parties shall have an eq right to make all major non-emergency decisions affecting the Child's general well-being inc ding, but not limited to, all decisions regarding her health, education and religion. Pur uant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and info} ation pertaining to the Child including, but not limited to, medical, dental, religious or sch ~ of records, the residence address of the Child and of the other parent. To the extent one paz t has possession of any such records or information, that pazent shall be required to share the une, or copies thereof, with the other pazent within such reasonable time as to make the recc~ds and information of reasonable use to the other parent. 3. Ph ical Custod :Mother shall have primary physical custody of the Child subject to Father's phy ical custody as follows: !. a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. ''+ b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. ~' ~ c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The j~.on-custodial parent shall have liberal telephone contact with the Child on a reasonable basi At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Moter is not available at that time, Mother shall return Father's call as soon as possible. 5. Holiys: The parents shall arrange the holiday schedule as attached unless otherwise mutually agre upon. 6. Eac parent shall have two non-consecutive weeks of vacation with the Child per year. The requ sting parent shall give the other parent 30 days advance notice of the requested time and this cation week shall supersede the regular physical custody schedule. In the event the parti s schedule conflicting vacations, the party first providing written notice shall have the choir of vacation. Prior to departure, the parties will provide each other with information ;. re ding the intended vacation destination and a telephone number at which they can be retied during their vacation. The parties may expand this vacation time by mutual agreement. 7. In t~e event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial pazent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Nei~her party may say or do anything nor permit a third party to do or say anything that may est~~nge the Child from the other party, or injure the opinion of the Child as to the other party, or ay hamper the free and natural development of the Child's love or affection for the other p To the extent possible, both parties shall not allow third parties to disparage the other par' tin the presence of the Child. 9. In a event of a medical emergency, the custodial party shall notify the other party as soon as pos$~'ble after the emergency is handled. 10. D ~ g any periods of custody or visitation, the parties shall not possess or use illegal subs ances or consume/be under the influence of alcoholic beverages to the point of into' ication. The parties shall likewise assure, to the extent possible, that other household merr~bers and/or house guests comply with this provision. 11. The arents have agreed to engage in a custody evaluation with an agreed upon professional to rice ain an appropriate custody situation between the parents. After the evaluation has been com leted and a recommendation issued; either party has the right to contact the assigned con liator to schedule a conference, if necessary. 12. This ~ order is entered pursuant to a Custody Conciliation Conference. The parties may modify the pp~ovisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution:', i Marcus McK~ight, Esquire Cindy Hribal~ Esquire Jobn J. Man~~n, Esquire TRUC=COPY' In Tasthlony wlan~ and.th~ ofseiid i ThNy~. _~.~.~. RONII~CORD ~ ~~ ny- hind ~~ HOLID 5 AND SPEC DAY5 TIMES EVEN YEARS ODD YEARS Easter Da ~ 1 Half From 9 am until 3 m Father Mother Easter Da ' 12 Half From 3 m until 6 m Mother Father Memorial a From 9 am until 6 m Mother Father Ind end ce Da From 9 am until 6 m Father Mother Labor Da ', From 9 am until 6 m Mother Father Halloween I From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgivi g 1 Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgi ' g 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks 'vin Da Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas Half From noon on 12/25 to noon on 12/26 Mother Father New Year' i '' From 6 pm 12/31 until noon January 1 ~ (with the 12/31 year to control the even/odd determination Mother Father Mother's D From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father ~ ~ ~W~ 0~ ~ Y TRAVIS L. BARNETT, !~ Plaintiff v. SHANNOl'~ M. BRANNEN, Defendant `. Prior Judge J. Wesley Oler, Jr., 3. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE. OF CIVIL PROCEDURE 1915.3-8(b)~! the undersigned Custody Conciliator submits the following report: 1. ~ The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard. to this matter on January 18, 2010, an Order was issued January 20, 2010 and a conciliation conference was held Apri120, 2010 with the following individuals in attendance: ' ~ The Mother, Shannon Brannen, with her counsel, Cindy Hribal, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J, ang ,Esquire Custody Conciliator VERIFICATION and foregoing document is based upon information which has been gathered by counsel in the preparation of this action. I have read the statements made in this document and they a~e true and correct to the best of my knowledge, information and belief. I understand that false I~tatements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating tol sworn falsification to authorities. T IS L. BARNETT Date: ~6~! ~~,l~ '~ TRAVIS] . BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/PeNtioner :CUMBERLAND COUNTY, PENNSYLVANIA v.' CIVIL ACTION -LAW N0.2009 - 8403 CIVIL TERM SHANK N M. BRANNEN, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, arcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of foregoing document upon the person, and in the manner indicated below, which service sad sfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same wi ,the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed I~ss follows: Cindy L. Villanella, Esq. Carrucoli & Associates 875 Market Street, Suite 100 Lemoyne, PA 17043 IRWIN & McICNIGHT, P.C. By: Marcus 1~cI~i' ht, III, Esq. 60 West mfret S eet Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner Date: October 21, 2010 F0!_c.D-QFFICF ~?F T~~~ ~QT1rQf~OTARY 2~ I C~~ r ~ l P;~fl 3~ 12 TRAVIS L. BARNETT, Plaintiff/Petitioner v. SHANNON M. BRANNEN, Defendant/Respondent IN THE C~Q,'~'{JF,~;'Q~PLEAS OF CUMBERLAR~~"~3'~i1,~PENNSYLVANIA CIVIL ACTION -LAW N0.2009 - 8403 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT FOR VIOLATION OF THE CUSTODY ORDER DATED MAY 2.2010 AND NOW, this 20th day of October 2010, comes the Petitioner, Travis L. Barnett, by his attorneys, Irwin & McKnight, P.C., and makes the following Petition for Contempt against the Respondent, Shannon M. Brannen: 1. The Plaintiff, Travis L. Barnett, is an adult individual with an address of 598 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant, Shannon M. Brannen, is an adult individual with an address of 136 South Enola Drive, Apartment 1, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the natural parents of one (1) child, namely, Alaina Nicole Brannen, born September 21, 2009. 4. The parties are governed by an Order of Court issued by the Honorable J. Wesley Oler, Jr. dated May 2, 2010, a copy of which is attached and marked as Exhibit "A". y70 .~ Q P~ ~ ~~ ~ a.Soa~ 5. The Respondent, Shannon M. Brannen, over the course of the past several weeks, has deliberately interfered with the periods of physical custody of the Petitioner by refusing to provide him with his regular periods of custody with said minor child, Ailana Nicole Barmen, as mandated by the Order of Court dated May 2, 2010. 6. The Petition, Travis L. Barnett has not filed to modify custody. 7. The Petitioner, Travis L. Barnett, requests the following: A. A finding that the Respondent, Shannon M. Brannen, has deliberately violated the Order of Court by withholding physical custody of the minor child, Ailana Nicole Brannen from the Petitioner, Travis L. Barnett, and an Order that physical custody of the minor child be granted to the Petitioner. B. That the Petitioner, Travis L. Barnett, be given additional periods of physical custody to make up for the times of custody he lost with the minor child, Ailana Nicole Brannen. C. That reasonable legal fees be awarded to the Petitioner in the amount of Five Hundred and no/100 ($500.00) Dollars. WHEREFORE, the Petitioner, Travis L. Barnett, respectfully requests that an Order of Court be entered for the relief requested above. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcus A. McKnight, III, Esquire Attorney for Petitioner 60 West Pomfret Street Cazlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: October 20, 2010 EXHIBIT "A" .. APR 2 7 2010 TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-8403 CIVIL ACTION LAW SHANNON M. BRANNEN, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this ~ day of 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter aze hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shazed legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 pazent 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 of the other parent. To the extent one pazent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Mother is not available at that time, Mother shall return Father's call as soon as possible. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each pazent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. -Prior to deparhue, the parties will provide each other with information .. regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial pity shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parents have agreed to engage in a custody evaluation with an agreed upon professional to ascertain an appropriate custody situation between the parents. After the evaluation has been completed and a recommendation issued; either party has the right to contact the assigned conciliator to schedule a conference, if necessary. 12. This Order is entered pursuant to 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, Distribution: Marcus McKnight, Esquire Cindy Hribal, Esquire John J. Mangan, Esquire ;~~ 4i~ 7"RUL~COPY hl TeaNrne~w.::::.~.~.. tCNI RLE"ORD ~'"~ ~PPnaa-~~n.na ?o(LL. ~~~.~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN ~~ ODD ~~ Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 6 m Mother Father Memorial Da From 9 am until 6 m Mother Father Inde endence Da From 9 am until 6 Father Mother Labor Da From 9 am until 6 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1 Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks 'vin Da Mother Father Christmas ls` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 ~ (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father •, ~w TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CNIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNIlVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010 and a conciliation conference was held Apri120, 2010 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Cindy Hribal, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. ang ,Esquire Custod Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. T VIS L. BARNETT Date: ~~ "~~ ~' `~ TRAVIS L. BARNETT, Plaintiff/Petitioner v. SHANNON M. BRANNEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2009 - 8403 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Cindy L. Villanella, Esq. Carrucoli & Associates 875 Market Street, Suite 100 Lemoyne, PA 17043 By: IRWIN & McKNIGHT, P Marcus A:1VIcKnig4+~t, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner Date: October 21, 2010 TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-8403 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR EMERGENCY CUSTODY AND PLAINTIFF' S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25`" day of October, 2010, upon consideration of Defendant's Motion for Emergency Custody and Plaintiff s Petition for Special Relief, these two matters are referred to the custody conciliator for consideration at the conciliation conference already scheduled for October 28, 2010. BY THE COURT, J n J. Mangan, Esq. Custody Conciliator arcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff mdy L. Villanella, Esq. 875 Market Street Lemoyne, PA 17043 Attorney for Defendant :rc tQS /»~ (, ~., ~~~ %/ C o a ~ ~ ~~ ~ ~ ~, q ....i .~ r cnA te ~ ~4 - ~ r ~ --~ a <~ x -a ~ ~-'n ~~ o b~ ~ °~ ~ '' -< .~ TRAVIS L. BARNETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8403 CIVIL ACTION LAW SHANNON M. BRANNEN DF,FENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and. their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland Count~Courthouse, Carlisle on Thursday, December 02, 2010 at 10:30 AM for aPre-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/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pieas 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 ~~ ~` ~ i ' ~~ ~ Carlisle, Pennsylvania 17013 ~~~~; ~ ~©~ ~ ~ y°~', ~ Tele hone 717 249-3166 ~ -~ ~ --~ ~ ~ `Tl ~~~ - '~ y ~ --1 '°t7 % DEC 212010 I C7 TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-8403 CIVIL ACTION I -° SHANNON SHANNON M. BRANNEN, rn cc o ? IN CUSTODY ? Qn- h _ N • N ?? r--• x+ . Prior Judge: J. Wesley Oler, Jr., J. :; .?. • • _.? rte, ORDER OF COURT AND NOW this day of December 2010, upon consideration of the attached Custody, Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. The instant Order resolves the outstanding petitions for Contempt and Special Relief filed by the respective parties and said Petitions are Dismissed without prejudice. 3. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 of 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. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. C. Each party shall be afforded a fifteen minute window for the custody exchanges. d. If there is inclement weather (treacherous conditions or over six inches of snow immediately preceding the exchange), the parties shall exchange custody as soon as conditions permit. e. Each party and/or their respective designated third parties are specifically directed to act in a civil/non-confrontational manner during the custody exchanges. Any person present for the custody exchanges shall conduct themselves in an appropriate manner or be subject to possible Court action. f. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Mother is not available at that time, Mother shall return Father's call as soon as possible. 5. Father shall be entitled to custodial make up time in 2011 consisting of four (4) days and three (3) nights with thirty (30) days' advance notice to Mother. 6. Each parent, or their designated third parties, shall transport Alaina with appropriate care seats and both parents shall have their respective car seats inspected by a qualified individual pursuant to established safety guidelines. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination (the specific physical address) and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. The parents have agreed to engage in a custody evaluation with an agreed upon professional to ascertain an appropriate custody situation between the parents. After the evaluation has been completed and a recommendation issued, either party has the right to contact the assigned conciliator to schedule a conference, if necessary. 14. This Order is entered pursuant to 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. Distribution: ?Marcus McKnight, Esquire ?Cindy Hribal, Esquire ?John J. Mangan, Esquire , rrojl? flop 10 Cert. By the Court, v ? J. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 6 m Mother Father Memorial Da From 9 am until 6 m Mother Mother Independence Day From 9 am until 6 m Father Mother Labor Day From 9 am until 6 m Father Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Mother Father Half m on Thanksgiving Da Thanksgiving P From 2 pm on Thanksgiving Day to Father Mother half noon the day after Thanksgiving Da Christmas 1 St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father Pt (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father ULU 212010 TRAVIS L. BARNETT, Plaintiff V. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010, a conciliation conference was held April 20, 2010, an Order issued May 02, 2010, Father filed a petition for contempt and Mother filed a petition for special relief, and a conference was held October 28, 2010 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Cindy Hribal, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J g, EsquirCust y TRAVIS L. BARNETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA - V. 2009-8403 CIVIL ACTION LAW rn „? z? -< -= -r c ;-,l «r ?. c' C.-) SHANNON M. BRANNEN o TJ -rj - IN CUSTODY Cl T! _ DEFENDANT ORDER OF COURT AND NOW, Monday, November 14, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 16, 2011 at 9:00 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/ ohn . Mangan, Jr. 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 ?ee(? co(yr 7d'4e' ? _/4' `? laced ?? ?? Carlisle, Pennsylvania 17013 ?? , X#phone (717) 249-3166 TRAVIS L. BARNETT, Plaintiff V. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this -;? 3 V? day of January 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 16 ? day of 2012 at ??: 3C a in in Courtroom number 5- in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 of 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. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other weekend from Thursday 6:30 pm until Sunday 4:00 pm. b. The parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at the designated times. c. Each party shall be afforded a fifteen minute window for the custody exchanges. d. If there is inclement weather (treacherous conditions or over six inches of snow immediately preceding the exchange), the parties shall exchange custody as soon as conditions permit. e. Each party and/or their respective designated third parties are specifically directed to act in a civil/non-confrontational manner during the custody exchanges. Any person present for the custody exchanges shall conduct themselves in an appropriate manner or be subject to possible Court action. f. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, Father shall have the right to call Alaina every Wednesday at 6:00 pm; if Mother is not available at that time, Mother shall return Father's call as soon as possible. Absent agreement otherwise, the parents shall communicate with each other via text in regard to custody matters. 5. Each parent, or their designated third parties, shall transport Alaina with appropriate care seats and both parents shall have their respective car seats inspected by a qualified individual pursuant to established safety guidelines. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination (the specific physical address) and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in. the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Counseling: The parents are strongly encouraged to engage in therapeutic family counseling (with the focus on co-parenting) with a qualified professional. The parties will mutually select and contact a professional within ten days of the instant Order. The cost of the counseling, after appropriate payment through insurance, shall be split equally between the parties. 13. Custody evaluation: The parties have agreed to engage in a custody evaluation with a qualified professional. In the absence of agreement, Debra Salem from Interworks would be appropriate to do the evaluation. Mother has agreed to, and shall, bear the financial cost of said evaluation. If the custody evaluation is not completed prior to the scheduled hearing date, within one week prior to the hearing, the par*ies shall contact the Court to reschedule the hearing so that the evaluation can be completed. The parents have agreed to engage in a custody evaluation with an agreed upon professional to ascertain an appropriate custody situation between the parents. After the evaluation has been completed and a recommendation issued, either party has the right to contact the assigned conciliator to schedule a conference prior to the Court hearing. 14. This Order is entered pursuant to 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 41.io nr?nr c?o?? nnn4rn? Distribution: ?j Marcus McKnight, Esquire Michelle Sommer, Esquire John J. Mangan, Esquire By the Court, `=_`' L7 Vrl J. r? c rv ==? C0 •; HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2" Half From 3 pm until 6 pm Mother Father Memorial Day From 9 am until 6 m Mother Mother Independence Day From 9 am until 6 pm Father Mother Labor Day From 9 am until 6 pm Father Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Mother Father Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Father Mother Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 pm Father Father r? r"T ) t? u --, TRAVIS L. BARNETT, Plaintiff V. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010, a conciliation conference was held April 20, 2010, an Order issued May 02, 2010, Father filed a petition for contempt and Mother filed a petition for special relief, a conference was held October 28, 2010, an Order issued December 21, 2010 and a conference was held January 13, 2012 in regard to Father's petition to modify with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Michelle Sommer, Esq. The Father, Travis Barnett, with his counsel, Marcus McKnight, Esq. 3. Father's position on custody is as follows: Father requests a shared physical custody situation consisting of a week on/ week off basis with the exchanges at the Silver Spring Police Department. Father indicates that his relationship with Alaina is going very well; however, both Mother and Father acknowledge there is a significant problem in communication between the two parents. Father has concerns about Mother not returning phone calls. Father agreed to engage in therapeutic family counseling. Father also agreed to participate in a custody evaluation as long as Mother bears the financial burden of the evaluation. 4. Mother's position on custody is as follows: Mother does not agree to a shared custody situation and requests that Father's alternating weekends go from Friday until Sunday instead of Thursday until Sunday. Mother indicates that if Father is working on Thursday, she should be having custody of Alaina. Mother also requests that Father be physically present for the custody exchanges instead of Father's family members. Mother also has concerns regarding Father not returning text messages. Mother indicates that she has further overall concerns about Alaina' well-being when she is in Father's custody. Mother requests a custody evaluation and agreed to bear the financial burden and she also agreed to try therapeutic family counseling. Mother does not want the exchanges at the police station and requests that the exchanges continue at the Turkey Hill convenience store. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date John angan, Esquire Cust4d Conciliator TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON M. BRANNEN, Defendant NO. 09-8403 CIVIL TERM IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 9 h day of April, 2012, upon agreement of counsel, the hearing previously scheduled in this matter for May 10, 2012, is continued to Thursday, October 11, 2012, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, a Christylee . Peck, J. -? Marcus A. McKnight, III, Esq. f 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Michelle Sommer, Esq. 2 West High Street Carlisle, Pa 17013 Attorney for Defendant ALL TRAVIS L. BARNETT, Plaintiff v. SHANNON M. BRANNEN, Defendant IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 15'h day of October, 2012, upon request of Marcus A. McKnight, III, Esq., the Petition To Withdraw as Counsel is hereby deemed moot due to the custody matter being resolved by an agreement between the parties. BY THE COURT, /Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff /Michelle Sommer, Esq. 2 West High Street Carlisle, Pa 17013 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-8403 CIVIL TERM hristyle . Peck, J. : rc ?,v lrt a JtGl /olS'f /a c t W 0 cn CD ` C7, w y# hJ c,U TRAVIS L.. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. . CIVIL ACTION - LAW SHANNON M. BRANNEN, Defendant 09-8403 CIVIL TERM IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 11th day of October, 2012, after having convened this matter for a hearing on the custody petition, and the parties having now agreed to certain terms which have been reduced to writing in a separate Order of Court dated October 11, 2012, said Order of Court is hereby incorporated into this Order. I~ is further ordered that the decisions of the parenting coordinator appointed in this case shall be binding upon the parties, unless and until revised by further court order. Agreements reached by the parties or pursuant to a parenting coordinat.or's decision shall be reduced to writing anal. may be filed at the Prothonotary's Office at the parties' custody docket. by the parenting coordinator. A:Ll other terms of the proposed Order of Court as already incorporated herein shall control any remaining terms. By the Court, -~ L~ ,1 . - ~ ~' _~ _~ Christy ee L. Peck, J. ~ ,: /Marcus A. McKnight, III, Esquire - ""~ 60 West Pomfret Street '"' ~.~ Carlisle, PA 17013 .. For the Plaintiff ~ '~~~ r~Michelle Sommer, Esquire 2 West High Street Carlisle, PA 17013 For the Defendant Pcb ~gP; CS µ~. /~~/ /D//fi~~~ ,~~G ~ ~ T'R~V1S L. BARNTET"T, Plaintiff v. SHANNON M. BRANNEN, Defendant IN THE COURT OF COMMON PI_I~:AS C)F CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2009-8403 IN CUSTODY ORDER OF COURT AND NOW, this 11`'' day of October, 2012, it is hereby ORDE-RED and DIRECTED that the following Legal and Physical custodial responsibilities of the minor child, Alaina Nicole Brannen, born September 21, 2009, is GRANTEE) based on the Custody Evaluation that was completed by Deborah L. Salem, CAADC, LPC on October 4, 2012: 1. LEGAL CUSTODY: T'he parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultarion with each other, not in their own individual best: uztcrests, but rather in their child's best interests. h. However, because of the ongoing communication difficulties between the parents, until there is improvement in that communication as deternuned by the Parenting Coordinator, it is recommended that they do not exercise joint attendance at medical appointments or parent teacher meetings. Mother is assigned responsibility for scheduling medical appointments and parent teacher meetings and is required to give father advance notice of all scheduled medical appointments and as well provide father with documentation about what occurred during medical appointments and school meetings. The parents and extended family members rnay, however, jointly attend school related play or other public activities in which Alaina may participate. 2. PHYSICAL CUSOTDY: a. Mother will maintain primary physical. custody of Alaina. lather w-i11 have partial periods of partial physical custody as follows: i. very .'_.-_ __~.._.__ dt=~? i (1 Yl i r~~~, €re~ TX~t;~ay at 5:30 pm to Monday morning drop off at day care. ~;~ ~~y,i~ ~,1k~,~~1~SclC~,t-i' i. As long as father is not working he may act as daycare on the weekdays of his custodial access. The capacity to act as :1laina's daycare is also extended to mother when. she is off work during her custodial time. iii. Drop-off at daycare in the mornings by Father will occur no later than 7:30 a.m. on his scheduled days. 3. PARENTING COORDINATOR: a. Because of eir uiirclenting inability to collaborate and resolve differences, a ~~ Parenting Coordinator ~t ~-~---~-=~°*~t=- ~ assigned by the court as the resource for resolving parental impasse with decision making. The first _, V' - '~~'~ assignment for the parents and the parenting coordinator should be the development of a parenting plan that outlines those aspects o:E care for Alaina that should be consistent between households and those areas where the parents can exercise their own prerogative. After a parenting plan is devised the parentting coordinator can also assist the parents in outlining specific protocols :Eon parental and designee behaviors at custody transitions and in other areas that have been problematic for the parents and which can expose Alaina to hostility. b. The parties agree to split the cost of the Parenting Coordinator SO°,~o-50°,~0, when the Parenting Coordinator is needed. r_. , t ~, The following Parenting Coordinator,/ v f µ'' "~ , .~ ~ ~ ~ ,~'~~ ?, -'1vkt~~Gr i. Lindsay Giigrich Maclay, Esquire (717) 724-9821 ~~, ~ ,~~~~ ~ ~~ lc,~ ii- l~li~~,, r......_n,~+~4j,irn (7 ~T-?dT i~ ire ;~ i~ " ~7~1 ~;, f~~LL2.~~.C ~t r..[~~,1~r" 4. It is important for father to realize the gravity of decisions that reduce :-~laina's sleep ~ ~ f~,~ ,'' and disturb a general routine that protects her health and her ability to function on a ~ ~ .-f` ,.~~, ~h t daily basis. He is encouraged to read about children's needs at: various ~~< ~.r l~'~,r developmental stages to familiarize himself with Alaina's changing needs. In addition a directive for a Parenting Coordinator address below will ask: that aformal --~~'~"=~~~ ~~~,,~,e- parenting plan be developed by both parents that requires consistency of care ~' ~`' between households in important areas such as bedtime and the administration of medications prescribed by the Alaina's treating pediatrician. 5. When custody exchanges do not occur at the day care, the parents will. select an equidistant location that provides relative security for exchanges but not a police station. Father must arrange to meet with Day Care staff since the rccornmended asstody schedule puts him in the position to drop Alaina off at Day Care.. 6. Either parent is permitted to allow their parents or an approved alternate to provide transportation for custody exchanges either alone or accompanied by the Child's parent. It is not recommended or deemed necessary that a rule only allowing the natural parents to provide transportation during custody exchanges or £orfcit their custody access. ~. No parent is allowed to take vacation time for longer than seven (7) consecutive days nor is vacation time allowed to be added to other holiday time unless there is an advanced agreement by the other parent. This agreement can be reached either independently or through the parenting coordinator. Advanced agreement is defined as at least forty-five (45) clays prior to the time of the vacation. 8. If the parenting coordinator discerns that there is interference with solution seeking by the parents as the result of the parents need for independent counseling; both parents should be required to seek therapy or the appropriate intcnTention service for their distress. 9. .Although not recommended as a court ordered suggestion father should consider seeking therapy because of his reactivity to mother and mother should consider seeking therapy to address the feelings associated with having to accept expanded access time for father with the Child and all that that will entail for her. 10. It will be important for the parents and their respective counsel to clearly and specifically outline the custody court order so as to leave little questian between the parents about how to carry out custody exchanges, share important information about Alaina, alternating holiday schedules, and how to inform the other parent when there is a significant change in the parent's work and living arrangements. Absent this specificity, the parents are likely to continue in their hostile discourse that will ultimately affect the Child's ability to thrive. a. The current Order of Court, dated January 23, 2012, which outlines the current holiday schedule will rem. ~,~ t~t~7~~(~C:~t (;'~~' Utite ~'\Oh<'~ti ~Ci41Cc;~ij.AC {1?~ ~ltS (:1.27tt~ r', 11. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that. oth.cr household members and/or houseguests comply with this prohibition. 12. FUTURE MODIFICATIONS: a. Mother and Father shall be free to mutually agree to alter and% or change the terms of this agreement If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 13. CRIMINAL ACTNITY_: a. Neither Parent, nor member of his or her household has been convicted of, or has plead guilty or no contest to, any offense enumerated in 2.3 Pa.C.S. X5329, or an equivalent offense in another jurisdiction. Neither parent has employed or utilized, nor will in the future employ or utilize the sen~ices of any person has been convicted of, or has plead guilty or no contest to any offense enumerated in 23 Pa.C.S. X5329 or an equivalent offense in another jurisdiction to provide care for the Children. 14. RELOCATION: a. No party shall relocate the Child if such relocation will significantly impair the ability of the non-relocating party to exercise the other parties custodial rights unless (a) every person who has custodial rights to the Child consents to the proposed relocation or (b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. X5337. BY THE COURT: ~ C..',~, ~;'. r' ~. /'~{ Christylee 'L. Peck, J. TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNA v. NO. 2009-8403 SHANNON BRANNEN, Defendant/Petitioner (-) -n CIVIL LAW CUSTODY DEFENDANT'S rn DEFENDANT'S PETITION TO MODIFY CUSTODY 1. The Petitioner is SHANNON BRANNEN, defendant in the above - captioned matter (hereafter "Mother"). She resides at 111 Verbeke Street, Marysville, PA 17053. 2. The Respondent is TRAVIS L. BARNETT, plaintiff in the above - captioned matter (hereafter "Father"). He resides at 231 N. West Street, Carlisle, PA 17013. 3. The parties are the natural parents of one child, ALAINA NICOLE BRANNEN, born (xx/xx/2009; age 4). 4. By Court Order dated October 11, 2012, Mother was granted primary physical custody, with the parties sharing legal custody. 5. Mother requests a change in the physical custody schedule as the child will be entering full-day kindergarten and father's weekday periods of physical custody will no longer be practical during the school year. Additionally, father has moved from his mother's residence and the child is actually spending most of father's periods of physical custody with paternal grandmother. 483.co atoltpri I p,41-30(08 Aril 6. Attached to this Complaint is Mother's Affidavit pursuant to 23 Pa.C.S.A. Sections 5328 and 5329. WHEREFORE, Mother requests the Court to modify the physical custody schedule and to add specific language regarding communication with the child, permitting access to family events, right of first refusal, etc. DATE: 7/251/IF Respectfully submitted, KENETH FJLEWIS, ESQUIRE Attorney for Petitioner/Defendant I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. DATED: 7ia31/y SHANNON BRANNEN CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document by U.S. mail, postage prepaid, addressed as follows: Travis Barnett 231 N. West Street Carlisle, PA 17013 DATED: 171z51111 - KE ET F. LEWIS, ESQUIRE TOvic Plaintiff vs. S- /MON Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : 6018rdeLMJ NO. 2403-0V-03 CU : CIVIL ACTION - CUSTODY cr) AFFIDAVIT PURSUANT TO 23 Pa.C.S.A. §5328 and 45329 :7(4 SfitimNoki 8MJIJE/ki , hereby swear or affirm that: (print name) 1. Please state whether or not you and/or another adult living in your household have been convicted of, pled guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows: ' NO. YES )6.o Contempt for violation of a Protection from Abuse order or agreement; . _ Driving under the Influence of alcohol or a controlled Sub-sf„ance or drugs; - Possession, sale, delivery, manufacturing or offering for sale any controlled substance or other drug or device; Criminal homicide, Aggravated Assault; 0 o Stalking;::• • Kidnapping; o UnlawfUrreStraint; False imprisonment; 0 Name: 0 Name: 0 Name: NO YES Luring a:child into a motor veticle:or structure; ❑ Rape, statutory sexual assault, involuntary ❑ deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal, incest; Sex offender non- compliance with registration requirements, statute, court order, probation or parole, orother requirerrtents- under 18 Pa. C.S.A §3130 and 42 Pa. C.S..59795,2; ❑ Arson and related offenses; Concealing death of a child; Endangering the welfare of children; Trading, ;bartering, buying,.selfing or dealing in infant children; Prostitution and related ❑ offenses; Obscene and other sexual,materials and performances; Or ❑ Corruption of minors or unlawful contact with a minor. Name: ❑ 0 Name: Na:. Name: Name: Name: Name: Name: 2. Please state whether or not you and/or another adult living in your household have a present and/or past history involving violent or abusive conduct as follows: Me. Adult in my.: Date.Of. NO YES H& Behold Finding: ❑ A finding of abuse by a ❑ ❑ Children & Youth Agency Name: or similar agency in Pennsylvania or similar statue in another jurisdiction Has been;subject to a Protectiot°fromAbuse order in Penrsyivania or similar statute in another jurisdiction ❑ Other: ❑ Name: I verify that the statements made in this affidavit are true and correct. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. \OJ1 \J\K) /11) �hc Signature Y\ �fc). ()Y\e_A Printed name CRIMINAL CHARGE INFORMATION FOR INDIVIDUALS INVOLVED IN CHILD CUSTODY CASES CAN BE FOUND BY ACCESSING THE JEN & DAVE PROGRAM AT WWWJENDAVEPROGRAM.US TRAVIS L. BARNETT PLAINTIFF V. SHANNON BRANNEN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVJE. Z .1 2009-8403 CIVIL ACTION LAW cnr, IN CUSTODY yC) cD ORDER OF COURT -a ✓ ) (11 fw? AND NOW, Wednesday, July 30, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 27, 2014 10:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ john J. Mangan, Jr., Esq.or Custody Conciliator r 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. CopeCopiet Oiled O t&"-4, Gsg. • garnet n qan ", rot 713///v Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 v TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. SHANNON M. BRANNEN, Defendant Prior Judge: J. Wesley Oler, Jr., J. Christylee L. Peck, J. Anticipated hearing length: One half day No. 09-8403 CIVIL ACTION LAW, IN CUSTODY rn cri Com% ORDER OF COURT rT --a rU ry AND NOW this /j' day of September 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the /%Qday of cZ ^e,0t,6k,2014 at/ ;3)P.m in courtroom number 5 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the Gann day of. aa%�2& at i3o & n in Courtroom number 5 in the Cumberland County Couif of Coman Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, Travis Barnett, and the Mother, Shannon Brannen, shall have shared legal custody of Alaina Nicole Brannen, born 09/21/2009. The parties shall have an equal right 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 of 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. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Alaina every other week from Wednesday after school until Monday morning bringing Alaina to school. b. When there is no school, the parties shall exchange custody of Alaina at the Turkey Hill store on route 114 at 5:30 pm on Wednesday and 7:30 am Monday. c. Either parent is permitted to allow their parents or an approved alternate to provide transportation for custody exchanges either alone or accompanied by the Child's parent. It is not recommended or deemed necessary that a rule only allowing the natural parents to provide transportation during custody exchanges or forfeit their custody access. d. Each party and/or their respective designated third parties are specifically directed to act in a civil/non-confrontational manner during the custody exchanges. Any person present for the custody exchanges shall conduct themselves in an appropriate manner or be subject to possible Court action. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. At a minimum, each parent shall have one phone call per day at 6:00 pm. Any missed calls shall be returned as soon as possible. Absent agreement otherwise, the parents shall communicate with each other via text in regard to custody matters. 6. Each parent, or their designated third parties, shall transport Alaina with appropriate care seats/restraints. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Vacation: Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with infoi illation regarding the intended vacation destination (the specific physical address) and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement; this advance agreement shall be at least 45 days prior to the time of vacation.. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Counseling: The parents are directed to engage in therapeutic family counseling (with the focus on co -parenting) with a qualified professional. The parties shall mutually select and contact a professional within seven days of the instant Order. The cost of the counseling, after appropriate payment through insurance, shall be split equally between the parties. 14. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 15. Either parent has the option of contacting the assigned conciliator prior to the scheduled hearing for a conference if they feel it would be beneficial. 16. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absende of mutual consent, the terms of this Order shall control. Dom' tribution: ./Travis Barnett, 231 West North St., Carlisle, PA 17013 -1 ichelle Sommer, Esquire n J. Mangan, Esquire By the Court, „%y72 44-0/(/' es /n.a., 9 91/11 - err` HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2"d Half From 3 pm until 6 pm Mother Father Memorial Day From 9 am until 6 pm Mother Mother Independence Day From 9 am until 6 pm Father Mother Labor Day From 9 am until 6 pm Father Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Mother Father Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Father Mother Christmas 1st Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2"d Half From noon on 12/25 to noon on 12/26 Mother Father New Year' s From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 pm Father Father TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff v. SHANNON M. BRANNEN, Defendant Prior Judges: J. Wesley Oler, Jr., J. Christylee L. Peck, J. CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alaina Nicole Brannen 09/21/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 18, 2010, an Order was issued January 20, 2010, a conciliation conference was held April 20, 2010, an Order issued May 02, 2010, Father filed a petition for contempt and Mother filed a petition for special relief, a conference was held October 28, 2010, an Order issued December 21, 2010, a conference was held January 13, 2012 in regard to Father's petition to modify, an Order issued January 23, 2012, an Order issued April 09, 2012, an Order issued October 11, 2012, an Order issued October 15, 2012, Mother filed a petition to modify and a conference was held August 27, 2014 with the following individuals in attendance: The Mother, Shannon Brannen, with her counsel, Kenneth Lewis, Esq. The Father, Travis Barnett, self -represented party 3. Father's position on custody is as follows: Father requests a shared physical custody situation consisting of a week on/ week off basis with the exchanges at school or in a neutral location Sunday at 5:30 pm. Father lives in Carlisle and indicates that he has the ability or can make arrangements to take Alaina to school and pick her up from school. Father has concerns about possible allergies with Alaina, he has some social concerns with his daughter, Mother's stability, discipline issues and inappropriate/disparaging remarks about him to his daughter. 4. Mother's position on custody is as follows: As Alaina is beginning school now, Mother does not feel that it is in Alaina's best interest to be in two households between Monday and Friday. Mother claims that she has been the primary care -giver for Alaina. Mother indicates that this is too disruptive an Alaina needs stability and needs to be to school on time. Mother offer Father alternating weekends from Friday 5:00 pm until Sunday 6:30 during the school year and alternating Wednesday 5:00 pm until Sunday 6:30 pm during the summer. Mother does not agree to a shared custody situation and that she has similar concerns about Father. 5. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. 5'777/# Date / gan, Esquire Cu • ody onciliator TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. NO: 2009-8403 SHANNON M. BRANNEN, Defendant : IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Pursuant to Pa.R.C.P. 1930.8, please withdraw my appearance on behalf of the Defendant, Shannon M. Brannen, in the above -captioned matter. DATE V) 4 4 matter. DAIE Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. So r, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 P E E TR PE -0 C?? CD '71 r 3 -< Please enter my appearance on behalf of the Defendant, Shannon M. Brannen, in the above -captioned Respectfully submitted, Shannon M. Brannen 111 Verb eke Street Apartment A Marysville, PA 17053 TRAVIS L. BARNETT, Plaintiff V. SHANNON BRANNEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA c_, N `' i', NO. 2009-8403 rn�� n rn_ z . -0 rn Ic CIVIL LAW �n o o r.'D CUSTODY <o ca -n ');;.= x c' CcI cr-�t ;1.) DEFENDANT'S MOTION FOR SPECIAL RELIEF TO COMPEL COOPERATION WITH UPDATED CUSTODY EVALUATION AND CONTINUE THE CUSTODY HEARING PENDING COMPLETION OF THE EVALUATION AND NOW, comes Defendant, Shannon Brannen (hereafter "Mother"), by her counsel, Kenneth F. Lewis, Esquire, who files this Motion for Special Relief and alleges as follows: 1. A custody hearing is scheduled before The Honorable Christylee L. Peck on January 22, 2014, with the pre-trial conference being scheduled for December 17, 2014. 2. Deborah L Salem did a custody evaluation dated October 2, 2012 with regard to the parties' prior custody action. 3. Mother would like Ms. Salem to update her evaluation (as the child was only three years old at the time and not attending school, etc.). 4. Plaintiff/Father has refused to respond in any way to Ms. Salem (i.e. he has refused to schedule any appointments or speak with her, etc.). 5. Mother is willing to initially pay all fees to Ms. Salem, while retaining the right to request the Court to Order Father to reimburse a portion thereof. 6. Given his complete lack of cooperation (i.e. failure to respond in any way to Ms. Salem or to Mother regarding the update of the custody evaluation), it is presumed Father (who is unrepresented) contests this Motion. 7. Mother is requesting a continuance of approximately two months (for the pre-trial conference and the custody hearing) so Ms. Salem can complete her updated evaluation. WHEREFORE, Mother respectfully requests the Court to: a) Order Father, Travis Barnett, to cooperate fully and promptly with the update to the custody evaluation to be performed by Deborah Salem. b) continue the Custody Hearing and pre-trial conference to give Deborah Salem time to complete her evaluation; and c) any other and further relief as this Court deems just. DATE: 11-5-14 Respectfully submitted, ,fti KEETH F. 4EWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Dated: 11-5-14 O\CWiewn 3 SHANNON M. BRANNEN CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document on its filing date, by U.S. mail, postage prepaid, addressed as follows: Travis Barnett 231 W. North Street Carlisle, PA 17013 DATED: I 1-0-)4, T . LEWIS, ESQUIRE I �}V►S L, EfinhIETT- PLAINTIFF IN THE COURT OF COMMON PLEAS GL C U TY, PENNSYLVANIA vS5HAAJNDf d11. ige, Ait ) DEFENDANT NO. 04-8#-D3 CRIMINAL RECORD / ABUSE HISTORY VERIFICATION -ter rn I, Sli likl0K) di1 iehNki EO yT PRINT NAME --i to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: , hereby swear or affirm, subject s-' 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or YES NO pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide). 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ sit 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 El ❑ (relating to kidnapping) 6-14 Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or pending charges YES NO ❑ J 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ g 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ t 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 (relating to involuntary deviatesexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑j 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) El [ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) 6-14 Answer Yes or No YES NO 6-14 Crime 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges ElLI Answer Yes or No YES NO 0 /4 6-14 Crime 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C,S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges El El 0 2. Unless indicated by my checking the "YES" box next to an item below, neither 1 nor any other member of my household have a history of violent or abusive conduct , or involvement with a Children Youth agency including the following: Answer Self Other Date Yes or No household member YES NO [] �0 A finding of abuse by a Children & Youth Agency or ID F� similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction [� [� .� `� Involvement with a Children & Youth Agency or similar El � agency in Pennsylvania or another jurisdiction. Where: 0 El Other: 3. Please list any eval finding of abuse: A ion counseting or other treatment received following conviction or 4. If any conviction above applies to a household me ber, not a party, state that person's 6-14 5. If you are aware that the other party or memberof the other party's household has or have a criminal/abuse history, please explain: 1 verify that the statements made in the Criminaluse History Verification are true and correc to the best of my knowledge, information and belief. | understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. hafv\Q- Signature A_q/A /' / '` Printed Name 6-14 TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SHANNON BRANNEN, Defendant : NO. 09-8403 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SPECIAL RELIEF TO COMPEL COOPERATION WITH UPDATED CUSTODY EVALUATION AND CONTINUE THE CUSTODY HEARING PENDING COMPLETION OF THE EVALUATION ORDER OF COURT AND NOW, this 14th day of November, 2014, upon consideration of the above - captioned motion, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Defendant's counsel is to effect service of this Rule on the Plaintiff andis further advised to contact this office on the matter after an answer has been filed by the Plaintiff BY THE COURT, X -avis Barnett 231 West North Street Carlisle, PA 17013 Plaintiff, pro Se meth F. Lewis, Esq. 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant :re ezzrei*.eS ,OLA Christ/lee L. Peck, J. TRAVIS L. BARNETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA v. NO. 2009-8403 SHANNON BRANNEN, Defendant CIVIL LAW CUSTODY MOTION TO MAKE RULE. ABSOLUTE C") Fri CZ cD rri r- < > c-) AND NOW, this 2nd day of December, 2014, comes Defendant, by her attorney, Kenneth F. Lewis, and files this Motion to Make Rule Absolute: 1. On November 10, 2014, Defendant filed with this Honorable Court a Motion for Special Relief relating to compelling cooperation with a custody evaluation and continuing the scheduled custody trial pending the outcome of the evaluation.. 2. On November 14, 2014, the Honorable Christylee L. Peck, entered a Rule upon Defendant to show cause why the relief requested should not be granted. The Rule was made returnable 10 days from the date of service. [Copy of Rule attached as Exhibit "Al. 3. Plaintiff has not filed a response to the Rule and ten days have passed since he was served (by the Court on November 14, 2014 and a second copy of the Order was sent to Plaintiff by the undersigned counsel on November 18, 2014, so he would have received the Orders on November 15, 2014 and November 19, 2014. WHEREFORE, Defendant respectfully requests your Honorable Court to make its Rule Absolute and to enter an Order as attached which compels plaintiff to cooperate with the custody evaluation and reschedules the pre-trial conference and the custody hearing. DATE: 12/2/2014 KE ETH F. JEWIS, ESQ. Attclrney for Defendant; I.D. #69383 1101 N. Front St., 1st fl. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. Dated: 12/2/2014 BJfH F. LEWIS, ESQ. counsel for Defendant CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document on its filing date, by U.S. mail, postage prepaid, addressed as follows: Travis Barnett 231 W. North Street Carlisle, PA 17013 DATED: 12/2/2014 F. LEWIS, ESQUIRE TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SHANNON BRANNEN, Defendant : NO. 09-8403 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SPECIAL RELIEF TO COMPEL COOPERATION WITH UPDATED CUSTODY EVALUATION AND CONTINUE THE CUSTODY HEARING PENDING COMPLETION OF THE EVALUATION ORDER OF COURT AND NOW, this 14th day of November, 2014, upon consideration of the above - captioned motion, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Defendant's counsel is to effect service of this Rule on the Plaintiff and' is further advised to contact this office on the matter after an answer has been filed by the Plaintiff. BY THE COURT, ✓Travis Barnett 231 West North Street Carlisle, PA 17013 Plaintiff, pro Se ✓ Kenneth F. Lewis, Esq. 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant :rc EIHWJT 11 C7r...0 • ca rri Z". c, 1 • + '"d —1 TRAVIS L. BARNETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SHANNON BRANNEN, Defendant : NO. 09-8403 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 17th day of December, 2014, upon consideration of Defendant's Motion for Special Relief To Compel Cooperation with Updated Custody Evaluation and continue the Custody Hearing Pending Completion of the Evaluation, and the Plaintiff having not responded to the Rule issued by this Court on November 14, 2014, it is ordered and directed as follows: (a) the Plaintiff shall cooperate fully and promptly with an update to the custody evaluation to be performed by Deb Salem, said update to be paid for by Plaintiff; (b) the pretrial custody previously scheduled for December 17, 2014, is continued to Monday, March 9, 2015, at 11:00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, and the parties are requested to attend the pretrial hearing; the custody hearing previously scheduled for January 22, 2015, is continued to Monday, April 13, 2015, at 9:30 a.m. No further continuances shall be granted in this matter. BY THE COURT, ( ./6e/— 4< kris t lee L. Peck, J. DDP .4- ravis Barnett 231 West North Street Carlisle, PA 17013 Plaintiff, pro Se /enneth F. Lewis, Esq. 1101 North 'Front Street Harrisburg, PA 17102 Attorney for Defendant :rc t.p �f5 f)21'.t�_ rapOy