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HomeMy WebLinkAbout05-5116 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 5' 1/(., CIVIL ACTION - LAW SAMUEL Q. FLASHER, Plaintiff JENNY BROWN, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Samucl Q. Flasher, an adult individual currently residing at 4 Ridge Top Acres, Three Springs, Huntington County, Pennsylvania. 2. Defendant is Jenny Brown, an adult individual currently rcsiding at 342 E Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Maekayla Brown, who was born on August 27,1995. The child was born out of wedlock. 4. Since the child's birth, Maekayla has resided with the following persons at the following addresses for the following periods oftime: Maekayla has been living off and on with her maternal grandmother who has five foster/adopted childrcn living with her, as well as the maternal grandfather, Dcfendant and her two other sons. 5. The relationship of the Plaintiff to thc child is that offather. He is single and living separately. The Plaintiff currently resides with the following: Name Relationship Amanda Gahagan Girlfriend Hayley Flasher Daughter Quentin Flasher Son 6. The relationship of the Defendant to the child is that of mother. She is single and Jiving separately. The Defendant currently resides with the following: Name Relationship Judy Brown Mother Jerry Brown Father Maekayla Brown Daughter Branson Brown Son Candon or Cameron Brown Son Name unknown Name unknown Female Foster child Female Foster child Male Foster child Male Foster child Male Foster child Name unknown Name unknown Name unknown 7. The parties have not participated in previous litigation concerning the custody of Maekayla in this court or any court. 8. The Plaintiff has no information of a custody proceeding concerning Maekayla pending in any other court. 9. The best interest and pcrmanent welfare of Maekayla will be served by granting custody to Plaintiffbccause: Plaintiff can provide a stable, clean, safe and nurturing environment for his daughter. Maekayla has reported being scarcd of the oldest foster child and has been in counseling. Maekayla has stopped reporting any problems to Father out offear of punishment from Mother. Father is unable to have regular phone contact with Maekayla as Mother's phone numbcrs are constantly changing and she refuses to allow Maekayla to call Father. Mother has refused Father visitation. Mother's house is filthy and cluttered and Father fears for his daughter's welfare. Mother constantly has a new boyfriend who she brings into the home to live and recently an ex-boyfriend brokc in and broke the door down and broke windows. Fathcr requests primary physical custody. 10. Plaintiff does not know of any pcrson not a party to these proceedings who claims to have custody or visitation rights with respect to Maekayla. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests thc Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary primary custody. MAR~~ON DEARDORFF WILLIAMS & OTTO Datc September 28, 2005 By J enni er . Spears, Esquire Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff 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 penalt~ ~ Samuel Q. Flasher "~ ~ _. I;;'- -"> R.::, 01 ~ c= ~, '-..I\- '-" c::. -;s:, ~ --C -'.J '--'\ ~ D ~ -f- o 1; ~ :;:. ~ " C) c: ~> c:?" c.~ a' (f) rn (...:':l c:::i- -~ ,.z (:0 'J c) --n .--\ :f--n rI11.::'':: -:-,ri", --~I "'."" ~:: - - C jS:?-, '._'~ ;~-~~ f') 0', SAMUEL Q. FLASHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5116 CIVIL ACTION LAW JENNY BROWN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Tuesday, October 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counscl appear bcforc Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthons~".,s:.a.,:!.i.~~ on.,.,__.__......F!id_..y"g.clll.i!."-~l!,,~Q,~ , the conciliator, at 8:30 AM for a Pre. Hearing Custody Confercnce. At such confercnce, an cffort will be made to resolvc the issues in dispute; or ifthis cannot be accomplished, to detinc and narrow the issues to bc heard by the court, and to cntcr into a tcmporary order. All children age fivc or older may also be present at thc confercnce. Failure to appear at the conterence may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Helief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. Custody Conciliator 1 -1fl-- 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 Street Carlisle, pennsylvania 170 I 3 Telephone (717) 249-3166 ~~ ~')h --- ~ ~ Yc;?"l (71 .* ft ~ ~ 5;J.". (7/ ~ -P' ~ ~.",. ~ ' TP _so '1.17/ ~:'\d AH+"( :"':::~r"ln8 a 7 . II 1)\1 q - ! JO. ~DU; l .J v '. I,,,, ... ,"" ,.,>.1 A'tNh); ,.:,:',,>!d 3Hl ::lO :i~>'i,:\.~O'<]:J11:1 SAMUEL Q. FLASHER, Plaintiff Iv NOV 0 3 2005~\lV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JENNY BROWN, Defendant NO. 05-5116 IN CUSTODY COURT ORDER AND NOW, this ~daY of November, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. L of the Cumberland County --I J O1lKJ" Courthouse on the .1'1 J:A.. day of --Jay. , 2005 at I'd? --/-.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The father, Samuel Q. Flasher, and the mother, Jenny Brown, shall enjoy shared legal custody of Maekayla L.A. Brown, born August 27, 1995. B. Mother shall have primary physical custody of the minor child. >-. 0, ,"":1....- (._~ t.uo;'"; 'l~:~OS C)i'---' 'C) dlti~ ~::3 '-~"- G:tu iE J. o o '':> "J '- -- (0 I .:~ E2 ~""...;:,. ,'" 2; "" u C. Father shall have periods of temporary physical custody of the minor child on alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. Father shall pick up the minor child on Friday and mother shall pick up the child on Sunday. Where the alternating weekend is scheduled on a day where the child either has Friday or Monday off, father shall also have child that day to enjoy custody with the child under a similar time schedule. D. At such other times as agreed upon by the parties. 3. In the event the parties are unable to work out a visitation schedule over the holiday, legal counsel for the parties may contact the Custody Conciliator directly to conduct a telephone conference call with the Conciliator after which the Conciliator may submit to this Court a revised Order addressing holiday visitation. BY THE COURT, /~.. /?- / J ,. tile.- // ~ ~ ) "I J, e ,'" V cc.~hael A. Scherer, Esquire /1ennifer L. Spears, Esquire ~ ~/;;//,j7 ,U/ p;cP \\,() SAMUEL Q. FLASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JENNY BROWN, Defendant NO. 05-5116 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: MaekayIa L.A. Brown, born August 27,1995. 2. A Conciliation Conference was held on October 28, 2005, with the following individuals in attendance: The father, Samuel Q. Flasher, with his counsel, Jennifer L. Spears, Esquire, and the mother, Jenny Brown, with her counsel, Michael A. Scherer, Esquire. 3. There is no existing Order and the parties have been handling the custody situation with an informal agreement. Generally, the status quo is the father having custody on alternating weekends with mother having primary custody, Father believes that there are a number of issues taking place in the mother's home that merit a change in the custody situation. Father is seeking primary custody at this particular time. There was some discussion of reaching an agreement whereby father would have more expanded time during the school year with primary custody during the summer, but mother was nnwilling to agree to the summer provision which resulted in no compromise being achieved. 4. A hearing is necessary and the Conciliator recommends an Order in the form as attached. 11-(- 0 ,~ DATE Hubert X. Gilroy, E Custody Conciliat .... . SAMUEL Q. FLASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JENNY BROWN, Defendant NO. 05-5116 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2006, upon consideration of the attached letter from Jennifer L. Spears, Esq., attorney for Plaintiff, the hearing previously scheduled for February 27, 2006, is continued generally. Counsel are directed to notify the court if a hearing is desired or if an agreement is reached. BY THE COURT. Jennifer L. Spears, Esq. 10 East High Street Carlisle, P A 17013 Attorney for Plaintiff Michael A. Scherer, Esq. 19 West South Street Carlisle,PA 17013 J~ (ru&- L~~1 r 1/v~t.- y\>' :rc ! :) : I L.'.' T' c c "MDW&:6 1l"1( )R.\1.-\rI(l"i. AI1\ln.' AIW()(:A(:V AnORNEYS & COt:'-JSELLORS /IT LAW ']'I:U':I'H(lNI F'\CSIMILI lNT1-R"FT (717) 243.3341 (717) 243.1 XSO w,>,'v,/.mdwo.com WilLIAM F. M.-\KTSO!\ JOHN B. FOWLER III D^~ln K. DE,\RDORFF THOMAS J. WILLJAMS* Ivn V OrlO III (iHll{(;E B. FAIL.ER lH.* CARL C. RI<.;CIl DAVID A. FII/SI\1(JNS CflRIS10P111-f{ E. RHF JI~~NrI-U{ I SI'I'ARS HlIL\RY ^- ()J.'I"-' MIClIAI.! J C()IlI!\S 10 EAST H [Cill STRITI CI\RLlSLL, PENNSYLVANIA 17013 *l:lo."m CU:1111I1l C1\ II. 1"1\1 SPH 1\11,1 February 15, 2006 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 RE: Samuel Q. Flasher v. Jenny Brown No. 2005-5116 - Cumberland Count c.c.P. Our File No. 11799.1 Dear Judge Oler: Please be advised that the parties have reached a tentative agreement and request a general continuance of the hearing scheduled for February 27,2006, at 1 :30 p.m. We are in the process of preparing a Custody Stipulation and Order for your review and approval. Attorney Scherer, who represents the Defendant in this action, concurs with this request. Very truly yours, JLS/tde Mf171R?!' ~ARDORFF WILLIAMS & OTTO Je~~1f'tNpears l C~. v. ~.1ichael ~6.... Scherer, Esquire Mr. Samuel Q. Flasher FIFILESIDA T AFILEIGeneraIICun"en!\ 11799 ] jo 1 :"0 INFORMATION ADVICE. ADVOCACY SM