Loading...
HomeMy WebLinkAbout05-3845 CHAD DAVID BEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- 2f4-S CIVIL ACTION - LAW MELISSA A. BRANDENBURG, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Chad David Bear, an adult individual currently residing at 223 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Melissa A. Brandenburg, an adult individual currently residing at 100 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Spencer Scott Brandenburg, who was born on July 5,2004. The child was born out of wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods oftime: From To With Whom Addresses Birth ? Mother and her parents Carlisle ? Present Mother 100 Partridge Circle, Carlisle 5. The relationship ofthe Plaintiffto the child is that of father. He is single and living separately. The Plaintiff currently resides with the following: Name Relationship Carla Bear Mother Robert Bear Father 6. The relationship of the Defendant to the child is that of Mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Spencer Scott Brandenburg Son 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 8. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 9. The best interests ofthe child will be served if shared legal and shared j oint physical custody of him is confirmed in Plaintiff. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests shared custody. By J e it! r . pears, Esquire Ten st igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 27,2005 VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~p,.p'~ Chad D. Bear A.J R ~ ~., It ,~._.- ., 0 1( ~ c;::;; " CO" -l "- & ~C_~ ....... ""@ ~ U) c: r" ,.. ('J f'-- ....... -. i~:; ::t> ~ ~ fJ:! -.., . ~ C," , ~ ... -~! r-.'. :~J CG .< F:\FILES\DATAFlLElGcnerallCurrent\J 1693, lcert C1"1:llted', 9120104 0:06PM Revised: 8/2/052:23PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CHAD DAVID BEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3845 CNIL ACTION - LAW MELISSA A. BRANDENBURG, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jennifer L. Spears, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the Custody Complaint was served on the Defendant, Melissa A. Brandenburg, 100 Partridge Circle, Carlisle, P A 17013, via certified mail, restricted delivery, on July 29, 2005, (see attached receipt). DEARDORFF WILLIAMS & OTTO By Jenni er L Spears, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 3, 2005 _Ii - . ...""..... f"- Ir <0 f"- U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) <0 <0 .... .... cAOstFpfi7flC I Ah Postage $ $0 . 60 .... C] C] CJ Return Reclept Fee (Endorsement Required) o Restricted Delivery Fee ,..::I (Endorsement Required) C] .... Certified Fee Total Postage & Fees m ~ ~~f.~'7l:;hm--'_"_h or PO Box No. r t t:.:l;1itM1i40 c;. .: r-~ (:."~) ~ r'. ..,:.>'''' -:.- .(::) o ~'r\ \ vJ :,..- ,- - .' -- - CHAD DAVID BEAR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3845 CIVIL ACTION LAW MELISSA A. BRANDENBURG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, AU2ust 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Friday, September 02, 2005 , the conciliator, at 8:30 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. 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: Isl Hubert X Gilrov, Esq. Custody Conciliator ...Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _ w ~ -;I. <1'r ~ h6;; -h$ ~~Jt, ~r~ ~~?-/p g<,' :7 . "., ..- c_ cil'lH t)r'\f17" .j ,-' ,. ':JUu", 50 5- :!> $/1$ .5'(/' -~ J "ECEIVED SEP 06 2005/'y CHAD DAVID BEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO.05-3845 CIVIL ACTION - LAW MELISSA A. BRANDENBURG, Defendant IN CUSTODY COURT ORDER AND NOW, this 7 tL, day of September, 2005, upon consideration of the attached Custody Conciliator Report, it is ordered and directed as follows: 1. The Father, Chad David Bear, and the Mother, Melissa A. Brandenburg, shall enjoy shared legal custody of Spencer Scott Brandenburg, born July 5, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends. The first two weekends starting September 3 shall be Saturday and Sunday for a period of eight hours from 10:()() a.m. until 6:00 p.m. on Saturday and Sunday. On the third alternating weekend, it shall be from 10:()() a.m. on Saturday until 6:00 p.m. on Sunday and that shall go for two weekends. On the sixth alternating weekend, the alternating weekend schedule shall be from Friday evening at 6:00 until Sunday evening at 6:00, with this schedule continuing thereafter. B. Father shall also have custody of the minor child every Tuesday from 4:00 p.m. until 8:00 p.m. C. Father shall have custody at such other times as agreed upon by the parties. 4. The parties shall work with each other in an attempt to agree upon a visitation schedule for holidays with the anticipation that the parties shall alternate or share the holidays. If the parties are unable to reach an agreement, legal counsel for the parties may contact the Custody Conciliator directly for a telephone conference call between the attorneys for the parties and the Conciliator, at which time the Conciliator can recommend to the Court a specific schedule for holidays. ('>(" .II! t~ 'oJ . i 1 0__ " snDZ ~ln -v 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order and the parties are unable to reach an agreement on a modification, that party may petition the Court to have the case again scheduled for a Conciliation Conference with the Conciliator. Cc: .J{llrl Rominger, Esquire ....r6Inifer Spears, Esquire ) ~ 09-/2 -Q5 BY THECOURT, '} CHAD DAVID BEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-3845 CIVIL ACTION - LAW MELISSA A. BRANDENBURG, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Spencer Scott Brandenburg, born on July 5, 2004 2. A Conciliation Conference was held on September 2, 2005, with the following individuals in attendance: The Mother, Melissa A. Brandenburg, with her counsel, Karl Rominger, Esquire The Father, Chad David Bear, with his counsel, Jennifer Spears, Esquire 3. Based upon a recommendation of the Conciliator, the parties agreed to the entry of a Custody Order in the fonn as attached. Date: y-;2- Os Vl- CHAD DAVID BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW r ? c' NO. 05-3845 _? n MELISSA A. BRANDEBURG, -a f? Defendant IN CUSTODY'' ' PETITION FOR MODIFICATION 1 Saidis Sullivan Law h his counsel and throu r b id B Ch d D ND NOW , , g , y av ea a comes A i and petitions this Honorable Court as follows: 1. Chad David Bear, hereinafter "Father', is an adult individual who resides 1427 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Melissa A. Brandeberg, hereinafter "Mother', is an adult individual who currently resides at 100 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are parents of a child, Spencer Scott Brandeberg, born July 5, 2004. i 4. Custody of Spencer is controlled by a Court Order of September 7, 2005, a copy of which is attached hereto as Exhibit "A". i 5. Father seeks modification of the Custody Order to extend his custodial time with I the child for the following reasons: a. Over the five years since the entry of the Court Order, Father and the child have established a good and loving relationship and it would be in the child's SAIDIS interest to extend that relationship by extending custodial time. SULLIVAN b. At the time of the prior Custody Order, the child was not yet one year old. LAW Presently, he is attending school and is six years old and able to spend extended 26 West High Street Carlisle, PA ith F th i d f i me w a er. per s o t o C. Father seeks a regular schedule for holidays. Mother has been unwilling i to adhere to any schedule and Father must see the child at those times at her whim. I °iq OC) o d ?i WHEREFORE, Petitioner prays this Honorable Court to modify its Order of September 7, 2005 to provide to Father shared physical custody of Spencer Scott Brandeberg and a holiday and vacation schedule on which he can rely. Respectfully submitted, SAIDIS SULLIVAN LAW r ?. f G-t Carol J. Linds y, squire Attorney Id. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 09/-03/2010 13:47 7179601123 PYRMID LT PAGE 04/04 VERIFICATION verify that the statements made in the foregoing document 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 falsifications to authorities. 42 Chad David Bear SAIDIS 3ULLIVAN LAW 26 Wesc High Street Carlisle, PA CHAD DAVID BEAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA .~ ~~~ ~_~ ~ ..~ al; ' ~~~~ T : • 2005-3845 CIVIL ACTION LAW ~ ~"' ~~ MELISSA A. BRANDEBURG ~`' ~C_"s IN CUSTODY ~'~=-' ~'~" ~ ~ " ~ - ~ c a ~- _.~. .. ~~{ ~.- ... ORDE12 OF COURT AND NOW, Monday, Se ptember 20, 2010 ,upon consideration of the attached Co mplaint, it is hereby directed thaC parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at___ 4th Floor, Cumberland Counter Courthouse, Carlisle on _-____ Friday, October 22, 2010__ __ _ at 2:30 PM 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 12elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ,~n_j Man~an~r~E~~~------- 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 o~.lr 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 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Q/a ~/~a ~Y ~ ~ ~"~ ~~ NOV 0 9 2010 CHAD DAVID BEAR, Plaintiff V. MELISSA A. BRANDEBURG, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3845 IN CUSTODY ORDER OF COURT CIVIL ACTION LAI@ M ?'03 -z' ? (.,)r- )> n -,r o N C? .c cn :P* G7 C) rn r -,rn ?o o. -4M =r__1 C: )-n ? ?(-) rn D AND NOW this A day of November 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. Legal Custody: The Father, Chad David Bear, and the Mother, Melissa Brandeburg, shall have shared legal custody of Spencer Scott Brandeburg, born July 05, 2004. 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 his 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 partial physical custody as follows: a. In week one, commencing 11/2/10, Father shall have physical custody of Spencer on Tuesday from after school until 8:00 pm. The parents shall meet at Mid-Way bowling at 8:00 pm for the exchange. Commencing 11/05/10, Father shall have physical custody on alternating weekends from Friday until Monday morning. Father shall pick up and drop off Spencer at school. b. In week two, Father shall have physical custody of Spencer on Wednesday from after school until 8:00 pm. The parents shall meet at the Mid-Way bowling for the exchange. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is recommended that the non-custodial parent contact the Child one time per day between 7:00 pm and 7:30 pm. 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 Mother shall notify Father of her intended time by May 15 of each year and Father shall notify Mother of his intended time by May 31 of each year. This vacation week shall supersede the regular physical custody schedule. 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. 8. 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. The parents shall not engage in negative/argumentative behavior/comments in the presence of the Child. 10. Each parent shall keep the other parent apprised of the Child's educational and extra-curricular activities on a timely basis. 11. Each parent shall ensure that appropriate safety seats are used when transporting Spencer. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 13. The parents are encouraged to pursue therapeutic family counseling (with the focus on co- parenting) with a mutually agreed upon professional. 14. During any periods of custody or visitation, the parties shall not possess or use controlled 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. 15. A status conference is hereby scheduled for February 01, 2011 at 9:30 am with the assigned conciliator at the Court of Common Pleas, Carlisle PA 17013. 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 absence of mutual consent, the terms of this Order shall control. Di bution: -,,-Karl Esquire ol Lindsay, Esquire fin J. Mangan, Esquire t! l??ld TI *ES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1St Half From 8 am until 2 m Father Mother Easter Da P Half From 2 m until 8 m Mother Father Memorial Da From 8 am until 8 m Mother Father Independence Da From 8 am until8 m Father Mother Labor Da From 8 am until 8 m Mother 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 Father Mother Half 2:30 m on Thanksgiving Da Thanksgiving 2n From 2:30 pm on Thanksgiving Day Mother Father half to 8 m Christmas 1" Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n 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 1St (with the 12/31 year to control the even/odd determination) Mother's Day - From 8 am until 8 m Mother Mother Father's Da From 8 am until 8 m Father Father CHAD DAVID BEAR, Plaintiff V. MELISSA A. BRANDEBURG, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3845 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 Spencer Scott Brandeburg 07/05/2004 Primary Mother 2. An Order of Court was issued September 07, 2005 and a Conciliation Conference was held with regard to this matter on November 03, 2010 with the following individuals in attendance: The Mother, Melissa Brandeburg, with her counsel, Karl Rominger, Esq. The Father, Chad Bear, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ( /© ter... Date John J. , Esquire Cust y nciliator