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HomeMy WebLinkAbout05-4333 KENNETH LEE BRESSLER, Petitioner v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND, PENNSYLVANIA : NO. OS -.LIlli CI'Ll~ L ~ CULl KRISTI BRESSLER, Respondent : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The Petitioner is KENNETH LEE BRESSLER, a citizen of Pennsylvania, residing at 61 West King Street, Shippensburg, Pennsylvania, 17257. 2. The Respondent is KRISTI BRESSLER, a citizen of Pennsylvania; her address is 1860 Walnut Bottom Road, Newville, Pennsylvania, 17241. 3, Petitioner seeks custody of the following children: Name Present Residence Ae:e Caleb 1. Bressler 1860 Walnut Bottom Road Newville, PA 17241 5 (D.a.B 8-10-00) Elaina R. Bressler 1860 Walnut Bottom Road Newville, PA 17241 2 (D.a.B.2-14-03) 4, The children are presently in the custody Respondent, Kristi Bressler, who resides at 186 Walnut Bottom Road, Newville, Pennsylvania. 5, During the past five years, the children have resided with the following persons and at the following addresses: From To 8/00 7/02 With Whom Mother, Father and Mother's Stepdaugher Address 1860 Walnut Bottom Road Newville, P A 17241 7/02 Present Mother and Stepdaughter 1860 Walnut Bottom Road Newville, PA 17241 6. Caleb J. Bressler and Elaina R. Bressler were born in wedlock. 7. The father of the children is the Petitioner, Kenneth Lee Bressler, currently residing at 61 West King Street, Shippensburg, Pennsylvania, 17257. He is married 8, The mother of the children is the Respondent, Kristi Bressler, her address is 1860 Walnut Bottom Road, Newville, Pennsylvania, 17241. She is married. 9, The relationship of Petitioner to the children is that of father. 10, The relationship of Respondent to the children is that of mother. 11. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12, The best interest and permanent welfare of the children will be served by granting the relief requested because Petitioner would be the most appropriate primary care giver. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests the court to grant custody of the children. Respectfully submitted, DATE: g' IILj{) r I KENNETH LEE BRESSLER, Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND, PENNSYL VANIA v. : NO, KRISTI BRESSLER, Respondent : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, this /d"'day of August, 2005, I, Kami M. Cramer, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner KENNETH LEE BRESSLER, hereby certify that I have this day served a copy of the Complaint via First Class U.S. Mail, Certified Mail on the following: KRISTI BRESSLER 1860 WALNUT BOTTOM ROAD NEWVILLE, P A 17241 ~,~A Krevsky & Rosen P.C. II 0 I North Front Street Harrisburg, PA 17102 (717) 234-4583 KENNETH LEE BRESSLER, Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND, PENNSYL VANIA v, : NO. KRISTI BRESSLER, Respondent : CIVIL ACTION - CUSTODY VERIFICATION I, KENNETH LEE BRESSLER, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904, relating to sworn falsification to authorities. DATE: 5? In-\ 6 ~ ~~~~ KENNETH LE RESSLER N X ~ fi- 1t- ~ '" ~ \l'- (j'- f(;, ~ w C> J 0' U ( p::: ) 0 ALi";:'~!_:'~>\ , I ""'J ;. _,.1 1]0 :~ pI ('^J ." <..& ~nv SOUl Ad'<[.... ,</,)_,.\',J:':.1('-~'1'\ :K)L!ci;::;::O,lll:JH1 :10 KENNETH LEE BRESSLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4333 CIVIL ACTION LAW KRISTI BRESSLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 31, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 23, 2005 at 11:00 ~M 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 Melissa p, Greevv. Esq, Custody Conci li,ator y 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 HA VE 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 Stre<:t Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~tI"#, Y -? ~~? 5'rJ-/f:,f, _ h i' 1"'t7:.J'P'- 7U, YCJ-/[.-9 ~ ~ ~ /'P" MIl' ~ 'P'J 50- /['$ 20 :Z:ld 1(' ;.,rn' l:'lOZ (" ._" I $ ..UlJ .._I'....' ,,',._:-,",; ", Alh'l,.~ ".)iu.iJ:Jd3Hl :10 3;JL~:jc)--n=-1ll:l .....~, - Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclavia1dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KENNETH LEE BRESSLER, Plaintiff CIVIL ACTION - LAW Docket No. 2005-4333 (Civil Term) KRSITI BRESSLER, Defendant (In Custody) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Kristi Bressler, in the above-captioned matter. DALEY, ZUCKER & GINGRICH, LLC Date: Bv. Attorneys for Defendant cc: Melissa P. Greevy, Esquire - Custody Conciliator Lawrence J Rosen, Esquire - Attorney for Plaintiff ::;:! j,'t ... 1 PECS!.\l}:-.J::.:::- ; y eeT :\ ] !Ol~) iBy:""~b~;;;-,-"=",,," Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4333 CIVIL TERM KENNETH LEE BRESSLER, v. CIVIL ACTION - LAW KRISTI BRESSLER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this t-\ \\ day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Kenneth Lee Bressler and Kristi Bressler, shall have shared legal custody of the minor children, Caleb J. Bressler, born August 10, 2000, and Elaina R. Bressler, born February 14, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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 subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing October 21, 2005, on alternating weekends from Friday at 4:30 p.m. until Sunday at 5:00 p.m. B. At such other times as the parties may agree. 3. Transportation. Transportation shall be generally provided by Father. However, this arrangement is based on the proximity of the parties' present residences. 4. Summer Vacation. Each party shall be entitled to three (3) non-consecutive weeks of vacation to commence with and include their custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first >- ~i i"'-:: I' ,(:) ~?i;: ~ ..I.~: f!~~ l)C' (~cf: UJL'- r.:;Jt.U -:c \-. u_ (.~ M ,0 "I ,,-: C? I ~."'" o :;~ u" e:~ C;:l M' ~- .. NO. 05-4333 CIVIL TERM providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. The holiday schedule shall take precedence over the regular schedule. 6. Christmas. Mother shall have custody on Christmas Eve each year until after the candlelight service. Father shall then pick-up the children about 9:30 p.m. In odd- numbered years, Mother shall have custody the period from Christmas Eve until December 25th at Noon and Father shall have custody from December 25th at Noon until December 26th at Noon. In even-numbered years, Father will have custody from December 24th at 9:30 p.m. until December 25th at Noon and Mother shall have custody from December 25th at Noon until December 26th at Noon in addition to custody on Christmas Eve until after the candlelight service. 7. Other holidays shall be arranged by mutual agreement of the parties. 8. In the event either party is unavailable to provide care for the children during his or her period of custody for a period of two and one-half hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. The parent assuming custody for that period of time will provide transportation unless the parties agree otherwise. 9. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. However, should either party have concerns regarding the other's consumption of alcohol during custodial periods, that party shall retain the right to require both parties be abstinent throughout all periods of custody. BY THE COURT: J. Dist: KENNETH LEE BRESSLER, ~OC:E~! \71:<: D \ - r- ~. r . L"OOOOJ5 I ~ .----~._..--_._- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4333 CIVIL TERM v. CIVIL ACTION - LAW KRISTI BRESSLER, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: ' NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caleb J. Bressler Elaina R. Bressler August 10, 2000 February 14, 2003 Mother Mother 2. Father filed a Complaint for Custody on August 23, 2005. A Custody Conciliation Conference was held on October 18, 2005 as a result of continuances requested by counsel. Present for the conference were: the Father, Kenneth Lee Bressler, and his counsel, Lawrence J. Rosen, Esquire; the Mother, Kristi Bressler, and her counsel, Lindsay Gingrich-Maclay, Esquire. Date The parties reached an agreement in the 7 n Order as attached. II> fif) See 1M Peel Gree'Y, E","" Custody Conciliator 3. :261789