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Home My WebLink About05-6394 DAVID MICHAEL HERR, Plaintiff vs, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No, OS -b39y C!.;u~L ~~ CIVIL ACTION - AT LAW CUSTODY DAWN BRIGHTBILL, Defendant c;OMPT.ATNT TN c;nSTOnV AND NOW, the Plaintiff, David Michael Herr, by and through his attorney, Jeanne B, Costopoulos, Esquire, makes the following Complaint in Custody: I, The Plaintiff, David Michael Herr, is an adult individual who currently resides at 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 2. The Defendant, Dawn Brightbill, is an adult individual who currently resides at 117 Cherry Lane, Dillsburg, York County, Pennsylvania, 17019. 3, The parties have one dependent child, namely Dannielle Brightbill, born January 17, 2001. 4, The Plaintiff seeks shared physical and legal custody of the following child: Name Prf':~f':nt Rf':~irlf':n~f': Age Dannielle Brightbill 117 Cherry Lane Dillsburg, P A 17019 4\1, years (DOB 1/17/2001) 5, The child, Dannielle Brightbill, is presently in the custody of her mother, Defendant, Dawn Brightbill, at 117 Cherry Lane, Dillsburg, York County, Pennsylvania, 17019, 6, Plaintiff has never been married to Defendant and the child was born out of wedlock. 7, The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides at 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 8. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides at 117 Cherry Lane, Dillsburg, York County, Pennsylvania, 17019, 9, The child has resided with Defendant at 582 West Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013 from birth until September 1, 2005 at which time Defendant moved with the child to 117 Cherry Lane, Dillsburg, York County, Pennsylvania, 17019, 10. Plaintiff 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, 11, Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child, 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has formed a bond with the child and would like to playa larger role in her life, (b) Plaintiff desires to exercise parental duties and to enjoy the love and affection of the child, (c) The child would benefit from a closer relationship with her father. 13, 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, No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene, ..' WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting to him partial physical and shared legal custody of his daughter. RESPECTFULLY SUBMITTED: DATE: 12/;#1r!~. ~ ..,,,,.......- BY /' "......,......,- . ~.......- "..----.- '- Jeanne B. Costopoulos, E;q~.. ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, P A 17011 Phone: (717) 920-2500 PA Supreme Ct. IDNo. 68735 .' DAVID MICHAEL HERR, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, DAWN BRIGHTBILL, Defendant : CIVIL ACTION -AT LAW : CUSTODY VRRTFlCATTON I, David Michael Herr, hereby verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information, and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. 9 4904, relating to unsworn falsification to authorities, Signatur ' -fA ~ :::: l~ ~ _ ..() C> -::t ...:t _...) jOr ~ ~ C' ..... ~ , ' - c, -- DA VlD MICHAEL HERR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 05-6394 CIVIL ACTION LAW DA WN BRIGHTBILL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 27, 2005 . , upon consideration of the attached Complaint, it is hereby directed that pm1ies and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 S~...t~.St.,Camp Hill, 1'~12011 on .., Friday, F:~bruary 03, 20_1!.~~ at 1:30 PM for a Pre-Hearing Custody Conference, At such confcrence, an effort will be made to resolve the issucs in dispute; or if this cannot bc 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 confercnce, 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: /s/ Melissa P, Greevy, Esq, Custody Conciliator ~l0~ 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 [>OJ --=C~~J r )'7HI . 1J3cz. Of- 1=7'eLV Ado;) 0(, 7=;'e.l<< I.do~ -r~rf'3u ).-\ . .'LJ ,.,,~ '''01 I I '("1 r", c,- i":1 )':u" ._ .,.;; ;-eel _^ lu -. 3111 :10 -cI:Tllj --;o/s/ I DAVID MICHAEL HERR, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. 05-6394 DAWN BRIGHTBILL, Defendant CIVIL ACTION -ATLAW CUSTODY STTPllT ,A TTON FOR AN AGRF,F,n ORORR OF CnSTOOV AND NOW, come the parties, David Michael Herr, Plaintiff, and Dawn Brightbill, Defendant, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, David Michael Herr (the Father hereinafter) and Dawn Brightbill (the Mother hereinafter), have born to them one (1) child, namely Danneille Brightbill, born January 17,2001 (the Child hereinafter); and WHEREAS, the parties are currently living separate and apart; and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. r '''gill Clldorlr The parties shall share legal custody of the child, 2. Phy.i""l Clldorly: Mother shall have primary physical custody of the child. Father shall have partial custody of the child as follows: a, Beginning Friday, February 3, 2006, alternating weekends from Saturday at 10:00 a.m, to Sunday at 6:00 p,m" for the first four months then alternating weekends from Friday at 6:00 p,m, until Sunday at 6:00 p.m. or at other times as mutually agreed upon by the parties, b, Two weekday evenings per week, the exact days and times to be discussed and agreed upon by the parties in consideration of the schedules of alI involved. c. At such other times as the parties may mutualIy agree, 3. HoJiilllY' anil Va"ation: This section shalI supersede any other section contained in this Stipulation, a, Rader'. The parties wilI alternate physical custody of the child on Easter Day between the folIowing two segments: I) Segment A: The period from 9:00 a.m, until 2:00 p,m. 2) Segment R: The period from 2:00 p,m. until 7:00 p.m, Mother shalI have the child for Segment A and Father shall have the child for Segment B during alI odd numbered years and Father shall have the child for Segment A and Mother shall have the child for Segment B during all even- numbered years. b, Mother'. anil FlIther'. nay.: The child shall always be with Mother during Mother's Day and with Father during Father's Day, If the child are not otherwise with that parent, that parent shall have the child on their respective day for the period from 9:00 a.m. until 7:00 p.m, c. Summer Holiilay.: The parties will alternate physical custody of the child on the following holidays for the period from 9:00 a,m. until 7:00 p,m. on each holiday: Memorial Day, 4th of July, and Labor Day, Father shall have the child in all odd- numbered years and Mother shall have the child in all even-numbered years for Memorial Day and Labor Day, Mother shall have the child in all odd-numbered years and Father shaH have the child in all even-numbered years for 4th of July, d. SlImm..r VIIl'lItion: Each party shaH be entitled to two (2) non-consecutive uninterrupted one (1) week periods of summer vacation with the child provided thirty (30) days notice is given to the other parent. A week shaH be defined as a 7- day period which shall begin with the vacationing parent's alternating weekend period of custody. The party requesting vacation time with the child should be available for the majority of the time to be exercised with the child. Neither party shall schedule a vacation week during which the other party is scheduled to spend a holiday with the child. e, Thllnk~~ivin~: The parties will alternate physical custody of the child on Thanksgiving Day between the following two segments: I) S"em"nt A: The period from 9:00 a.m, until 2:00 p,m. 2) S"em"nt R: The period from 2:00 p,m, until 7:00 p,m, Mother shall have the child for Segment A and Father shall have the child for Segment B during all odd numbered years and Father shall have the child for Segment A and Mother shall have the child for Segment B during all even- numbered years, f, Chridmll.: During the Christmas holiday season, the parties will alternate physical custody of the child between the following two time segments: 1) Seem"nt A: The period from 12:00 p,m. noon on Christmas Eve until 12:00 p,m, noon on Christmas Day 2) Segment R: The period from 12:00 p.m. noon on Christmas Day until b th 12:00 p,m, noon on Decem er 26 . Mother shall have the child for Segment A and Father shall have the child for Segment B during all odd numbered years and Father shall have the child for Segment A and Mother shall have the child for Segment B during all even- numbered years, The parties agree to cooperate with each other to divide the remainder of the Christmas break in as equal a manner as possible, g. New Year'. Holiday: The parties will alternate physical custody of the child over the New Year's Holiday between the following two segments: 1) Segment A: The period from 5:00 p.m. New Year's Eve until 9:00 a.m, New Year's Day. 2) Segment R: The period from 9:00 a,m, to 5:00 p.m. New Year's Day. The alternating scheduled described above shall begin with Mother having the child for Segment A beginning December 31, 2006 and Father having the child for Segment B for the New Year Holiday beginning January 1,2007. h, (,hiM'. Rirthday The parties agree to cooperate with each other to share the child's birthday in as ec,ual a manner as possible, 1. Father'. and Mother'. RirthdllY' The parties agree to cooperate with each other such that the child spend a reasonable period of time with each parent and his or her respective birthday. 4, Tran'portation Unless otherwise agreed upon, the party obtaining custody shall pick up the child from the residence of the other party. 5. Addre.. lInd Phone Nnmhe... of PlIrtie. Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party, 6. Noti..e of Wherellhont.lTllne.. Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party, If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances, 7. Telephone ("ontllrt with ("hild Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child, Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 8. AI..ohol lInd Drug. During any period of custody or visitation, the parties shall not possess or use any un-prescribed controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise assure that the child is not exposed to any other individuals who cannot comply with this prohibition 9. m'pllrllging Remllrk. Neither Father nor Mother shall make any remarks in the presence of the child or otherwise do anything which may estrange the child from or injure the opinion of the child as to the other party or those closely associated with that party or which may hamper the free and natural development ofthe child's love or affection for the other party or those closely associated with that party, Under no circumstances shall adult issues involving the parties be discussed in the presence of the child, Neither party shall argue with the other in the presence of the child, Neither party shall permit the child to remain in the company of any third parties who do not follow the provisions of this paragraph. 10, Modification Any ofthe provisions of this Stipulation may be modified or deleted upon mutual agreement of both parties or by subsequent Order of Court. 11. Supersedeas of Prior Court Orders This Stipulation, once signed, shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Stipulation be entered as an order of court at the request of either party, hereby set their hands ,-{! /~ /0/' / / -"'3 f',' L -" -0(0 and seals and the date oftheir acknowledgment. '~--------- ~, Date: Date: Signature: Signature: David Mi ael ~err W ~1J'N\~ftA~ Dawn Bright iI, f'-:~? '~_..~ c;-." -r] rq co I n ~ .-1 :J:-r1 ~. ~~~ f~ ',.-) .-... ~ 1: -:1 ['.., C") DAVID MICHAEL HERR, Plaintiff ~\ FfB () 8 2DDBpi\ : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA " vs, : No. 05-6394 DAWN BRIGHTBILL, Defendant : CIVIL ACTION -ATLAW : CUSTODY ORnFR OF COlTRT v AND NOW, this /0 day of /d,'"",; , 2006, upon consideration of the attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby are hereby approved and adopted as an Order of Court with full weight and effect as ifit had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated, BY THE COURT: . /!~ J, ~ i~ ..f ~ ~ f ~.' t b. , . ~ S1-- '? r , ~ ..p~ , ~ L i :01 H';I 0 I 8J.:l9DOZ JCJ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-6394 CIVIL TERM y DAVID MICHAEL HERR, v, CIVIL ACTION - LAW DAWN BRIGHTBILL, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this ~ day of February, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter, FOR THE ~T: ~;;!2:!:/:E,q"J Custody Conciliator Disl: Jeanne B, Costopoulos, Esquire, 3803 Old Gettysburg Road, Camp Hill, PA 17011 Dawn Brightbill, 117 Cherry Lane, Dillsburg, PA 17019 [~~ ;;.lll.OI.. Q-, :268746 ~(\--... ,;,tJ L:I : I !!el l\'. Q I OJ.:! SiJJZ