Loading...
HomeMy WebLinkAbout10-0235 KEVIN BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 3 Civil Term N o s NICOLE BROWN, IN CUSTODY ° Defendant Z' E. 1 [7 _ c CUSTODY COMPLAINT `c 1. Plaintiff is Kevin Brown, who currently resides at 421 Freedom Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. r-o s- '< 2. Defendant is Nicole Brown, whose current address is 200 East King Street, Martinsburg, West Virginia, 25401. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Preston Brown 11/15/2002 421 Freedom Drive, Shippensburg, Pa. Mother and Father were married on May 26, 2001 but are now divorced. Father currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kevin Brown 421 Freedom Drive July 2006 - present April Brown (wife) Shippensburg, Pa. 17257 Addyson Brown (2) Kevin Brown 402 W. Pine St. Feb. '06 - July '06. April Brown (wife) Mt. Holly Springs, Pa. 17065 Kevin Brown 402 W. Pine St. Oct. '05 - Feb. '06 Mt. Holly Springs, Pa. 17065 Kevin Brown 402 W. Pine St. Oct. '04 - Oct. '05. Nicole Brown Mt. Holly Springs, Pa. 17065 Kevin Brown 525 Rittenhouse Square Aug. '02 - Oct. '04. Nicole Brown Mechanicsburg, Pa. 17055 /79 00,cd. ell S/.3G ,? a 3593 The mother of the child is Nicole Brown. She currently resides in Martinsburg, West Virginia. She is divorced from Father. The father of the child is Kevin Brown. He currently resides at 421 Freedom Drive, Shippensburg, Pennsylvania. He is married to April Brown. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the child, his wife April Brown, and their other child, Addyson Brown, age 2. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with her children, Kaitlyne Brown (2 years) and Ashawna Edge (2 months). 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties have entered into a custody agreement which is being filed contemporaneously with this complaint Father is asking that the agreement be entered and incorporated into a court Order. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: r I Respectfully submitted, , Adams, Esquire I. V. No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. rr Date: ?0 Kevin Brown, Plain i KEVIN BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term C-) o c., NICOLE BROWN, IN CUSTODY ?K n Defendant m CUSTODY AGREEMENT f A This Custody Agreement is made this )Nay of J)E , 200 by;, w and between Kevin Brown, (Hereinafter referred to as "Father"), of Shippensburg, Cumberland County, Pennsylvania, and Nicole Brown, (Hereinafter referred to as "Mother"), of Martinsburg, West Virginia; WHEREAS, Mother and Father are the natural parents of one child, namely, Preston Brown, born November 15, 2002; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1 1. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their child, Preston Brown, born November 15, 2002. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Pursuant to this section, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. C. 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 such records or information, and such information has not been provided to the other parent, 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. D. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. I J 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father. 4. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have liberal periods of partial physical custody with the child as mutually agreed by the parties, in addition to the following periods: a. -Anil weekend a month, from Friday after school through Sunday evening, so long as Mother resides within two hours of Shippensburg. The specific times A shall be agreed upon between the parties. f b. If Mother moves more than two hours away from Shippensburg, the parties will make other arrangements by mutual agreement taking into consideration the distance that Mother has moved and the circumstances of the parties. c. Until further Order of Court or agreement, all overnight visits will occur at Mother's sister's home, specifically, at the home of Rachel Summers, 3021 Basford Road, Frederick Maryland, 21703. If during the day, Mother is not available at any time during her period of partial custody, Mother shall relinquish custody to Rachel Summers. d. The parties will agree on arrangements to share all major holidays. 5. Transportation and Exchange The transportation shall be provided primarily by Father, the parties to make specific arrangements as needed. At all times, the child shall be secured in appropriate passenger restraints. 6. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 7. Other provisions. Neither party shall use illegal drugs or alcohol to the point of intoxication for twelve hours before, or during that party's period of physical custody with the child. The parties shall also ensure that any other third parties during their periods of physical custody shall not use illegal drugs or alcohol to the point of intoxication or that party shall cease contact with that third party. Should Father observe evidence of drug or alcohol use by Mother at an exchange, or evidence of drug, alcohol use by any third parties, or has any evidence that the child will be exposed to any unsafe locations, or individuals prior to the exchange, Father may cancel said planned visit and reschedule at a later date. 8. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Kevin Brown, Father Dater Nicole Brown, Mother Date: a Witnes `e f? . . JAN 0 8 2010 KEVIN BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. D0j`) jK_5, Civil Term NICOLE BROWN, IN CUSTODY Defendant ORDER AND NOW, this day of , 2010, having reviewed the attached agreement between the parties dated the 23rd day of December, 2009, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of their child, Preston Brown, born November 15, 2002. 2. Father, Kevin Brown, shall have primary physical custody of Preston Brown. 3. The parties' agreement, dated December 23, 2009, shall be entered and incorporated into this Order of Court. By ?tourt: J. / _ 4 f ? ?// cc: Jane Adams, Esquire, for Father C hole Brown, Mother, pro se II c ?