HomeMy WebLinkAbout04-6469
KENNY BONNER,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04- (;,4 fR9 CNIL TERM
KRISTEN BRACKBILL,
Defendant
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Kenny Bonner, hereinafter referred to as Father. Father's permanent
residence is 1390 Valley Road, Marysville, Cumberland County, Pennsylvania 17035.
2. The defendant is Kristen Brackbill, hereinafter referred to as Mother, residing at 33
West Main Street Apt. 3R, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Father seeks a schedule for periods of partial custody of the minor child, Jasmine
Brackbill:
Name
Jasmine Brackbill
Present Residence Age
33 Main Street Apt. 1 12/06/01 DOB, 3 years old
Mechanicsburg P A 17055
The child was born out of wedlock.
The child is presently in the custody of Mother.
4. During the child's lifetime, she has resided with the following persons and at the
following addresses:
Name
Address
Date
Kristen Brackbill
33 West Main Street Apt 3R
Mechanicsburg P A 17055
birth - present
5. The Father currently resides with the following persons:
Name
Relationship
Raikuan Bonner
Son
6. It is believed that Mother currently resides with the following persons:
Name
Lee 0' Conner
Relationship
Boyfriend
7. Father 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.
8. Father has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
9. Father 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.
10. The best interest and permanent welfare of Jasmine will be served by granting the
relief requested for reasons including, but not limited to the following:
a) Father has a stable home environment that is safe and appropriate for periods
of partial physical custody with Jasmine.
b) Father lives with his son, Raikuan, who is Jasmine's half-brother. It is
important for Jasmine to have the opportunity to develop and nurture
relationships with Father and her half-brother.
c) Father is willing to communicate with and work cooperatively with Mother to
co-parent Jasmine and will encourage both the mother/daughter and
father/daughter relationship.
d) Mother has not acted in the best interest of Jasmine in ways including but not
limited to the following:
i) Mother has been arbitrary in deciding when and if the father can
visit with Jasmine. Despite a verbal agreement to allow Father
time with Jasmine, Mother has not allowed Father to have weekly
periods of visitation with Jasmine since Father's Day of 2004.
ii) Mother prevents the healthy development of a bond between
Father and Jasmine by refusing to allow them to have regular
contact with each other.
iii) Father fears that without a custody order in place, Mother will
continue to deprive him of regular contact with Jasmine, which
will cause further deterioration in their relationship.
11. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child, have been named as parties to this action.
WHEREFORE, the Father requests this Court to grant the following relief:
a) Grant the parties shared legal custody of the child.
b) Grant Mother primary physical custody of the child
c) Grant Father periods of partial custody on alternating weekends from
4:00 p.m. on Friday through 4:00 p.m. on Sunday and on
Wednesdays, from 5:00 p.m. through 8:00 p.m.
d) Establish an appropriate holiday schedule to allow each parent time
with the child.
e) Any additional relief this Court finds just and proper.
Respect ~tted,
Jessi a Diamondstone
Attorney for Father
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named PLAINTIFF, Kenny Bonner, verifies that the statements made in the
above Complaint For Custody are true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to
authorities.
Date: ) Z,~)I]., 6l{
KENNY BONNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04- CIVIL TERM
vs.
KRISTEN BRACKBILL,
Defendant
CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Diamondstone, do hereby swear that I served Kristen Brackbill with a
Complaint For Custody on lJlbm~/ ~1- , 2004 by certified mail, return receipt, restricted
delivery, to the person and address below:
Kristen Brackbill
33 West Main Street Apt 3R
Mechanicsburg P A 17055
I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service 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: ~ \ ~ t '0-/
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KENNY BONNER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 04- ~ y~ 9 CIVIL TERM
KRISTEN BRACKBILL,
Defendant
: CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Kenny Bonner, Father, to proceed in forma pauperis.
I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the
party.
~.-
Jessica Diamondstone
Attorney for Father
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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JAN 2 8 2005d"
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KENNY BONNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-6469 CIVIL TERM
KRISTEN BRACKBILL,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this Z'" day of J.d.""V""I ' 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Kenny Bonner and the Mother, Kristen Brackbill, shall have
shared legal custody of Jasmine Brackbill, born December 6, 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. Mother shall have primary physical custody of the Child.
3. Father shall have the following periods of partial physical custody:
A. Beginning Friday, January 28, 2005, ev,ery Friday from 5:00 p.m. to
9:00 p.m.
B. Beginning Saturday, February 5, 2005, alternating Saturdays from
11 :00 a.m. to 3 :00 p.m. for the month of February.
C. Beginning Saturday, March 5, 2005, alternating Saturdays from 9:00
a.m. to 3 :00 p.m.
D. Beginning Friday, April 2, 2005 alternating weekends overnight from
Friday at 5:00 p.m. to Saturday at 3:00 p.m.
E. Such other times as the parties agree.
4. Easter Sunday shall be shared such that Mother shall have physical
custody ofthe Child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody
of the Child from 3:00 p.m. to 9:00 p.m.
5. Father shall be responsible for all transportation until such time as Mother
has access to an insured and inspected vehicle. At that time transportation shall be shared
such that the receiving party shall transport. Mother shall use her best efforts to obtain
said reliable and legal transportation.
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6. 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. Another Conciliation Conference is
scheduled for April 28, 2005 at 9:30 a.m.
BY THE COURT,
t- /lJ
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c~sica Diamondstone, Esquire, Counsel for Father
......I;inda A. Clotfelter, Esquire, Counsel for Mother
JAN 2 8 2005
KENNY BONNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2004-6469 CIVIL TERM
KRISTEN BRACKBILL,
Defendant
: CIVIL ACTION - LAW
: 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
Jasmine Brackbill
December 62, 200 I Mother
2. A Conciliation Conference was held in this matter on January 27, 2005,
with the following individuals in attendance: The Father, Kenny Bonner, with his
counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and the Mother,
Kristen Brackbill, with her counsel, Linda A. Clotfelter, Esquire.
3. The parties agreed to the entry of an Order in th(~ form as attached.
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Date
1.. /~Al,tt~
~ Verney, Esquire
Custody Conciliator
KENNY BONNER,
Plaintiff
4
RECEIVED MAY 0 2 20~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
V.
: NO. 2004-6469 CIVIL TERM
KRISTEN BRACKBILL,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this ).-" day of "" ~ ,2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated February 2, 2005 is hereby vacated.
2. The Father, Kenny Bonner and the Mother, Kristen Brackbill, shall have
shared legal custody of Jasmine Brackbill, born December 6, 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. This means that both parents
are entitled to all medical and school information.
3. Mother shall have primary physical custody of the Child.
4. Father shall have the following periods of partial physical custody:
A. Every Friday from 5:00 p.m. to 9:00 p.m.
B. Alternating weekends from Friday at 5:00 p.m. to Saturday at 5:00
p.m.
C. Such other times as the parties agree.
5. Each parent shall have one uninterrupted week in the summer of2005
from Friday to Friday, provided they give the other parent 30 days prior notice. In 2006,
each parent shall have two non-consecutive weeks in the summer, from Friday to Friday,
provided they give the other parent 30 days prior notice.
6. Memorial Day, 41h of July and Labor Day shall be shared with Mother
always having 9:00 a.m. to 3:00 p.m. and Father always having 3:00 p.m. to 9:00 p.m.
7. Thanksgiving shall be shared such that Father will always have physical
custody from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody from
3:00 p.m. to 9:00 p.m.
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8. Christmas shall be divided into two Blocks. Block A shall run from
Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from
12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have Block
A in even numbered years and Block B in odd numbered years. Father shall have Block
A in odd numbered years and Block B in even numbered years.
9. Easter Sunday shall be shared and alternated annually, 9:00 a.m. to 3:00
p.m. and 3 :00 p.m. to 9:00 p.m. Mother shall have the earlier time in even numbered
years and the later time in odd numbered years. Father shall have the earlier time in odd
numbered years and the later time in even numbered years.
10. Mother shall have physical custody of the child on Mother's Day from
9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day
from 9:00 a.m. to 5:00 p.m.
11. Transportation shall be shared such that the receiving party shall transport.
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,
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ccL.J6'sica Diamondstone, Esquire, Counsel for Father
v1:inda A. Clotfelter, Esquire, Counsel for Mot~er, . . Cy L
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RECEIVED MAY 02 ZOO5
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KENNY BONNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2004-6469 CIVIL TERM
KRISTEN BRACKBILL,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
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
Jasmine Brackbill
December 6, 2001 Mother
2. A Conciliation Conference was held in this matter on April 28, 2005, with
the following individuals in attendance: The Father, Kenny Bonner, with his counsel,
Jessica Diamondstone, Esquire, Mid Penn Legal Services and the Mother, Kristen
Brackbill, with her counsel, Linda A. Clotfelter, Esquire.
3. The Honorable Kevin A. Hess entered an Order of Court dated February 2,
2005 providing for shared legal custody, Mother having primary physical custody and
Father having every Friday evening and alternating weekends.
4.
The parties agreed to the entry of an Order in the form as attached.
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Date
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lJacq dine M. Verney, Esquire )
Custody Conciliator
KENNY BONNER,
Plaintiff
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RECEIVED JUL 0 6 ZOO~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-6469 CIVIL TERM
KRISTIN BRACKBILL,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
MODIFICATION STIPULATION AND ORDER
AND NOW, this /Z... day of .t-.-fJ ' 2005, the
following Order is entered by consent of the parties with regll'fd t the custody of the minor child
Jasmine Brackbill, born December 6, 2001:
I. Paragraph 4 (B) of the May 2,2005, Order is modified to read:
"Alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m."
2. Paragraph 11 of the May 2, 2005, Order is modified to read:
"Transportation shall be shared such that the receiving party shall transport. The
custody transfers shall take place at the parent's residence unless otherwise
mutually agreed by the parties."
3. All other terms of the May 2, 2005, Order shall remain in effect.
BY THE COURT,
~Ad
. Hess, J.
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This Order is entered pursuant to the consent of the parties:
Jessica . ondstone, Esquire
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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Kristin Brackbill, Defendant
Li A. lotfelter, Esquire
Att rney for Defendant
I E. Trindle Road
Suite 100
Mechanicsburg, Pennsylvania 17050
(717)796-1930