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HomeMy WebLinkAbout01-2976 BRAD MILLS, Plaintiff : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. o! _ BOBBIE SHAWVER, : C/VIL ACTION. LAW C/VIL TERM Defendant : IN CUSTODY P-~ETITION FOR CUSTOD]! COMES NOW, Plaintiff, Brad Mills, by and through his attorney, James J'. Kayer, Esquire and avers as follows: 1. Plalntiffis Brad Mills, an adult individual, residing at 73 South High Street, Newville, Cumberland County, PA 17241. 2. Defendant Bobbie Shawver, an adult individual residing at 6597 Carlisle Pike, Meehanicsburg, Cumberland County, PA, 17055. 3. Plaintiffseeks custody of the following child: Name Present Residence Age Macey Ellen Shawver, residing at 6597 Carlisle Pike, Mechanicsbarg PA, bom 3/28/01. The child was bom out of wedlock. The child is presently in the custody of the Defendant. 4. During the past five years, the child has resided with the following person(s) at the address(es) below: Birth until Present; with natural mother, Bobble Shawver and roommate, Mitzi, at 6597 Carlisle Pike, Mechanicsburg PA, 5. The mother of the child is Bobble Shawver is 6597 Carlisle Pike, Meehanicsburg PA 17055 6. The father of the child is Brad Mills, an adult md~vidual, whose current addres.~ is 73 South High Street, Cumberland County, PA. 7. The relationship of Piaintiffto the child is that of the father. The Piaintiffcurrently resides with the following person(s): Name Relationship Cathy J. Mills Wife Randy N. Jones Step-Daughter 8. The relationship of the defendant to the child is that of mother. The Defendant who currently resides with the following person(s): Name Relationship Mitzi roommate 9. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know ora 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. 10. The best interest and permanent welfare of the child will be served by granting partial physical custody of the child to the Plaintiff, as he has been denied access to the child but for three(3) brief visits at the Defendant's home. 1 I. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plalntiffrequests the court to grant partial physical custody of the child to Plaintiff. Respectfully submitted, ibe~y Avenue sle, PA 17013 Superior Ct. I.D. $0838 Kayer and Brown A Professional Corl3orat~on Liberty Loft * 4E. L~bertyAver~ue · Carhsle. PA 17013 i717~ 243-7922 El;gl:ICA 1/ON OF PLEADINGS Thc. foregoing document is based upon in£orm, ation which has been gathered by my counsel mu:l myseh"in the preparation of this action. The language of the document ma.,,', in part. be the language of my conns¢l anal not my ov,'n. I have read the statements made in this document ,'md to lhe extent that it is based upon information which l have given to my counsel, it is true trod correct to lhe bes.* of my knowledge, information and belief. To the extent that the contents of lhe statements are that ofcounsel, I have relied upon counsel in mak/ng this Verification. 1 understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. Oo ~mc~ Kayer and Brown A Professronal Corporation Liberty Loft · 4 E.-E-~e~yAvenue · Carlisle. PA 17013 1717) 243-7922 BRAD MILLS. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2001- 2976 CIVIL TERM : CIVIL ACTION - LAW BOBBLE SHAWVER, : Defendant : IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1}fii~ COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Bradley Mills, and that he did serve a true and correct copy of the Complaint in Custody that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, Bobbi Shawver, on May 18, 2001. The receipt form is attached hereto. / · e ~t¢ s 21~ d~y of May 2001 I NOTARIAL SEAL I Sworn to I Vlckie d. GrmJ,p Notary Public I I eomugh of Ca"~* '?:'u"' °t Cumbed'nd I I ay Commi~ion Expires Au~. :10. ~004 I - -- N-olary-"~ublic item 4 if Restricted Delivery ia desired. · Print your name and address on the reverse c. Si,g~ature / .,~-~ · ' - ~ mat we can retum the card to you. ~~~~ _ h Agent I'"~ch ~l~card to the Ioack of the mailpiece, X Addressee or on the front if space pe~nlts. D. Is ~haay address dt~emnt imm t~em irl :3. Service Type I~ied Mail [] Express Mail ~ [] Return Fteceipt for Merchancl,se [] Insumcl Mail [] C.O.D. 4. Restricted Delivery9 (Extra Fee) 2. A~llcle Number (Copy from serWce ~ PS Form 3811, ,July 199~ D~m~c Return R~c~ipt ~0~-~-~-~?~ .... ...' .... BRAD MILLS : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA BOBBIE SHAWVER : 01-2976 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW. Thursday, May 24, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Jaequeline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 20, 2001 at 2:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot hc accomplished, to define and narrow thc issues to be heard by the court, and to cuter into a temporary order. All children age five or older may also be present at the conference. 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: /~ !acqueline M. Verney. Esq. ~ 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 Tills 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 BRAD MILLS, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 01-2976 VS. BOBBLE SHAWVER, * CIVIL ACTION - LAW Defendant. * CUSTODY PRAECIPE TO ENTER APPEARANCE TO THEPROTHONOTARY: Kindly enter the appearance of Edward J. Weintraub, Esquire, on behalf of Defendant. 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR DEFENDANT BRAD MILLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : NO. 2001-2976 CIVIL TERM BOBBLE SHAWVER, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT ANDNOW, this ~_ dayof ~'~.~ ,2001,upon consideration of the attached Custody Conciliation l~eport, it is ordered and directed as follows: 1. The Father, Brad Mills, and the Mother Bobble Shawver, shall have shared legal custody of Macey Ellen Shawver, born March 28, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have the following periods of visitation and partial physical custody: A. Phase I: Beginning June 25,2001 and continuing for six consecutive ~veeks, supervised periods on every Monday and Wednesday from 5:00 p.m. to 7:00 p.m. and every Saturday from 12:00 noon to 3:00 p.m. Said visitation shall occur at the child's maternal grandmother's home. Father is required to provide 48 hours prior notice of cancellation of a visit. B. Phase II: If altar six weeks of supervised visits, Mother is reasonably satisfied that Father has demonstrated appropriate parenting skills, that he has sufficient furniture and supplies for the child at his home and Mother can provide sufficient breast milk or an alternative formula for the child, Father shall have partial physical custody of the child every Monday and Wednesday from 5:00 p.m. to 7:00 p.m. and every Saturday from 12:00 noon to 6:00 p.m. Said partial physical custody shall occur at Father's home. This phase shall continue for six weeks. C. Phase III: Upon completion of Phase Il, Father shall have partial physical custody of the child overnight on alternating Saturdays at 12:00 noon to Sundays at 12:00 noon and every Wednesday from 5:00 p.m. to 8:00 p.m. Phase III shall continue for six weeks. D. Phase IV: Upon completion of Phase III, Father shall have partial physical custody of the child on alternating Saturdays from 12:00 noon to Sundays at 12:00 noon and every Wednesday fwm 5:00 p.m. w Thursday at 7:30 a.m. 4. Father shall provide one week notice to change his Saturday periods of visitation and custody to Sunday. 5. Holidays shall be shared or alternated at times agreed by the parties. 6. Father shall provide transportation unless otherwise agreed by the parties. Father may have his parents pwvide transportation. 7. In the event either party is in need of babysitting services for longer than two hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the child before arranging for a third party. other than the child's maternal and paternal grandparents, to baby sit. The non-custodial parent may exercise this option only if they are personally available to care for the child. 13. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The par~ies may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: James J. Kayer, Esquire, Counsel for Father Edward J. Weintraub, Esquire, Counsel for Mother BRAD MILLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2976 CIVIL TERM *. BOBBLE SHAWVER, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Macey Ellen Shawver March 28, 2001 Mother 2. A Conciliation Conference was held in this matter on June 20, 2001, with the following individuals in attendance: The Father, Brad Mills, with his counsel, James J. Kayer, Esquire, and the Mother, Bobble Shawver, with her counsel, Edward J. Weintraub, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~,- zt-ot . Date /)/acqd~line M. Vemey, Esquire Custody Conciliator BOBBLE SHAWVER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 01-2976 VS. BRAD MILLS, * CIVIL ACTION - LAW Defendant. * CUSTODY ORDER OF COURT AND NOW, this ~'1~ day of~, 2001, upon consideration of the attached Emergency Petition for Special Relief-Custody, it is hereby ORDERED that the Phase II visits with the infant ch_~ild, Mac. ey_.~h, aw.v_e~r, cjp~e.~te.d J~, the _Co[~_ July 1, 2001 Order will be delayed ~ ~' ~ "- ~ ~ 's ...... · .,.~Hu=L= pluv,~ Url~ nave ueen muue mr razner's J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICI S~ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . OFFICE OF THE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 BOBBLE SHAWVER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, · PENNSYLVANIA vs. * NO. 01-2976 BRAD MILLS, * CIVIL ACTION - LAW Defendant. * CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF-CUSTODY AND NOW, Defendant/Petitioner, Mother, Bobble Shawver, by and through her attorneys, Edward J. Weintraub and Associates and in support of the within Emergency Petition for Special Relief-Custody avers as follows: 1. Petitioner, Mother, and Respondent, Father are the parents of Macey Ellen Shawver, born March 28, 2001. 2. The four (4) month old minor child was the subject of a Custody action commenced by Father under the above-caption. 3. Father was previously represented by James Kayer, Esquire, who recently retired from the private practice of law. 4. Following a Custody Conciliation Conference before Jacqueline M. Verney, Esquire on June 20, 2001, an Agreed Order was entered on July 1, 2001 (attached hereto and marked as Exhibit "A"), giving Father visitation with the infant child at first supervised and then unsupervised, with Phase II commencing Monday, August 6, 2001, provided that "Mother is reasonably satisfied that Father has demonstrated appropriate parenting skills, that he has sufficient furniture and supplies for the child at his home...". At the Custody Conciliation Conference on June 20, 2001, Father assured Mother that she could come to his home prior to the first unsupervised visit to inspect the premises and to reasonably assure herself that adequate preparations have been made and provisions are available for the safety and comfort of the infant child. The Custody Conciliator, Jacqueline M. Vemey, Esquire specifically asked Father to affirm his commitment in this regard (which he clearly did), while indicating that she felt it unnecessary to include as part of the Order. 5. Despite repeated requests to Father, including a letter by Mother's counsel to Father's former, retired attorney, James Kayer, Esquire, which Father in-fact received, Father has consistently refused to provide Mother with the reassurances required by the Order and, specifically, has refused to invite her to visit his home to inspect the property prior to the first scheduled unsupervised visit on August 6, 2001. 6. Mother fears and therefore avers that inadequate preparation and provision by Father could result in irreparable harm to the child. WHEREFORE, Defendant/Petitioner, Mother, Bobble Shawver requests that the Phase II visits contemplated by the Courts July 1, 2001, Order be delayed and suspended until Father permits Mother to inspect his residence to determine that adequate provisions have been made for partial physical custody of their infant child, and that Father has obtained sufficient fumiture and supplies at his home to accommodate the child in an appropriate manner and that Father be Further Ordered to pay Mother's counsel fees in the amount of $500 for filing and pursuing the within Petition. Dated: ~ ~ "'-El~-rd J. Wein~adl~ire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #17441 A'I-rORNEY FOR PLAINTIFF VERIFICATION I, Bobbie Shawver, hereby swear and affirm that the facts contained in the foregoing Emergency Petition for Special Relief-Custody am true and correct and am made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: B(~arbie Sl:tawver De~ndant/Respondent EXHIBIT "A" · - 1' $&~'~l~' ~ ., ' ~l~ · ' '1 ~' CF~I ~ MILLS, : IN ~"~ COURT OF COMMON PLEAS OF Plaintiff : CUMBE~AND COUNTY,PENNSYLVANIA : V. : NO. 2001-2976 CIVIL TE~ BOBBIE SHAWVER, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT ANDNOW, this ~ dayof ~".~ ,2001, upon consideration of the attached Custody Conciliation Keport, it is ordered and directed as follows: 1. The Father, Brad Mills, and the Mother Bobble Shawver, shall have shared legal custody of Macey Ellen Shawver, born March 28, 2001. Each parent shall have an equal right, to be exercised jointly with the other parem, 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. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have the following periods of visitation and partial physical custody: A. Phase I: Begim~ing June 25, 2001 and continuing for six consecutive weeks, supervised periods on every Monday and Wednesday from 5:00 p.m. to 7:00 p.m. and every Saturday from 12:00 noon to 3:00 p.m. Said visitation shall occur at the child's maternal grandmother's home. Father is required to provide 48 hours prior notice of cancellation ora visit· B. Phase II: If after six weeks of supervised visits, Mother is reasonably satisfied that Father has demonstrated appropriate parenting skills, that he has sufficient furniture and supplies for the child at his home and Mother can provide sufficient breast milk or an alternative formula for the child, Father shall have partial physical custody of the child every Monday and Wednesday from 5:00 p.m. to 7:00 p.m. and ever)' Saturday from 12:00 noon to 6:00 p.m. Said partial physical custody shall occur at Father's home. This phase shall continue for six weeks· C. Phase III: Upon completion of Phase II, Father shall have partial physical custody of the child overnight on alternating Saturdays at 12:00 noon to Sundays at 12:00 noon and every Wednesday from 5:00 p.m. to 8:00 p.m. Phase III shall continue for six weeks· D. Phase IV: Upon completion of Phase III, Father shall have partial physical custody of the child on alternating Saturdays from 12:00 noon to Sundays at 12:00 noon and evar~ Wednesday from 5:00 p.m. to Thursday at 7:30 a.m. 4. Father shall provide one week notice to change his Saturday periods of visitation and custody to Sunday. 5. Holidays shall be shared or alternated at times agreed by the parties. 6. Father shall provide transportation unless otherwise agreed by the parties. Father may have his parents provide transportation. 7. In the event either party is in need of babysitting services for longer than two hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the child before arranging for a third party, other than the child's maternal and paternal grandparents, to baby sit. The non-custodial parent may exercise this option only if they are personally available to care for the child. 13. The panics shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 14. This Order is entered pursuant to an agreemem of the panics at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THt~ J. cc: James J. Kayer, Esquire, Counsel for Father Edward J. Weintraub, Esquire, Counsel for Mother BRAD MILLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2976 CIVIL TERM ._ BOBBIE SitAWVER, : CIVIL ACTION - I.AW Defendant : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-$, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Macey Ellen Shawver March 28, 2001 Mother 2. A Conciliation Conference was held in this matter on June 20, 2001, with the following individuals in attendance: The Father, Brad Mills, with his counsel, James J. Kayer, Esquire, and tho Mother, Bobbie Shawver, with her counsel, Edward J. Weintraub, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date i~/acq~/line M. Vemey, Esquire Custody Conciliator BOBBLE SHAWVER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, · PENNSYLVANIA vs. * NO. 01-2976 BRAD MILLS, * CIVIL ACTION - LAW Defendant. * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on August 6, 2001, I served a true and correct copy of the Emergency Petition for Special Relief- Custody on Brad Mills, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Brad Mills 73 South High Street Newville, PA 17241 · Misty 15. Lehm~ - ' BOBBLE SHAWVER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 01-2976 VS, BRAD MILLS, * CIVIL ACTION - LAW Defendant. * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on August 8, 2001, I served a true and correct copy of the Order regarding the Emergency Petition for Special Relief- Custody on Brad Mills, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Brad Mills 73 South High Street Newville, PA 17241 Mis~ D. Lel~man