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Home My WebLink About06-0104 . . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff, Pamela S. Murray Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA S. MURRAY, v. NO. Ot" - ItJLI CIV;(TEJ2J-r1 RUSSELL L. BROOKS, JR., CIVIL ACTION - LAW Defendant AND NOW, this day of , 2006, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2006 at _.m. for a Custody Conciliation 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 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 Relief Orders and Custody Orders to the Conciliator 48 hours prior to scheduled hearing. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff, Pamela S. Murray Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PAMELA S. MURRAY, NO.O(., - ICY! {!; t..>~tr&2..h1 v. RUSSELL L. BROOKS, JR., CIVIL ACTION - LAW Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Pamela S. Murray, who is currently residing at 667 Cornhill Road, Etters, York County, Pennsylvania 17319. 2. The Defendant is Russell L. Brooks, Jr., who is currently residing at 12 Peacock Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Zander William Brooks, age 1, whose date of birth is April 1 , 2004. 4. The child was born out of wedlock. 5. The parties currently share custody of the minor child at their respective residences. , . 6. During the past year, the child has resided with the following persons at the following addresses: A) Dates Birth - 06/04 B) 06/04 - 04/05 C) 05/05-08/05 D) 08/05-12/24/05 F) 12/24/05-Present Location 325 Hummel Avenue Lemoyne, PA 17043 With Whom Plaintiff and Defendant Zackery Murray 403 6th Street New Cumberland, PA 17070 114 S. 3rd Street Lemoyne, PA 17043 Plaintiff and Defendant Zackery Murray Plaintiff Zackery Murray 2102 Page Street Camp Hill, PA 17011 Plaintiff Zackery Murray 667 Cornhill Drive Etters, PA 17319 Plaintiff Richard Quick Zackery Murray 7. The natural mother of the child is Pamela S. Murray. She is not married. 8. The natural father of the child is Russell L. Brooks, Jr. He is not married. 9. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the minor child on a shared custody basis. 10. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the minor child on a shared custody basis, his mother, Cindy Robbins and his sister, Stacy. 11. Neither party has participated as a party in other litigation concerning the custody of the child in another court, 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff 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. 14. The child attends the Learning & Sharing Child Development Center at 335 Front Street, New Cumberland, PA 17070. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Plaintiff and Defendant have shared custodial time of the minor child on a weekly basis since separation. Recently, the Defendant has unilaterally chosen to withdraw the child from the Learning & Sharing Child Development Center program. B. The minor child has experienced some socialization problems and it is important that the child continue in the Learning & Sharing Child Development Center program to address these issues. C, Continuing in the Learning & Sharing Child Development Center program is crucial to the minor child's development and socialization, D. The Plaintiff's other minor child, Zachary Murray, attends the Learning & Sharing Child Development Center with the subject minor child. E. The Plaintiff is able to provide the minor child's physical, intellectual and emotional needs and well being. F. The Plaintiff is able to provide an environment conducive to the best interests of the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant her primary physical custody of the minor child and direct the Defendant to continue to allow the child to participate in the Learning & Sharing Child Development Center program. JOHNSON, DUFFIE, STEWART & WEIDNER , (' .~ / By /'11 I eel if" Mar C. Duffie "'. :265801 VERIFICA TION I, PAMELA S. MURRAY, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.SA ~4904, relating to unsworn falsification to authorities. Date: /.:).I),~ hr- J I ,~-<~') . " --) ,..~~,-,~ f\J\ foO....oJ ,.. PAMELA S. MURRAY X AJ (:'l ..(.Q. ~ - \t- - ;""..) ~ C":.' c:) c..::! -11 L"--~ (- .--1 I) .,.,.~ - - [<1 \) ,"~ 4 ~ --, \ 1 }..J ~ ~ C'o f" (J.J .......1 ),.) V- - \) t- ....0 :... r,<" ":r) U', .-< ---- PAMELA S. MURRAY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-104 CIVIL ACTION LAW RUSSELL L. BROOKS, JR. DEFENDANT IN CUSTODY ORnER OF COURT AND NOW, Tuesday, January 10,2006 _.' upon consideration of the attached Complaint, it is hereby directed that partics and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 West Main Street,~~chanicsbll_r,g,l''''_!2~~__ on__I.u-,,~~ay, Ji,'b-"u,!ryJl}!~O~__ at I:OO~M for a Prc-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in disputc; or ifthis cannot be accomplishcd, to dellne 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 lor entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing P'rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By:~L Dawn S, Sunday, Esq. _~tf'! Custody Conciliator - Y- The Court of Common Pleas of Cumbcrland 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 belore the eourt, 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 Bedt{)rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4/~cf)r% /11""" ""? je'/N h '1 P/f'"'" '''J''fi, .;J /1 J r#o Jv f ~ MIl f'f Jl I :' ,I" ,-, .Z\ 'I' \,,(,.1'....'1 , .' ,":'. 1\ ~"ir ('en 1 ,oj ),;1.)(., :\0 -----_.-----'..--'------'-- . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-104 CIVIL TERM RUSSELL L. BROOKS, Defendant CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE ~h AND NOW, this rr- day of January, 2006, the undersigned does hereby certify that he did, on January \l~b, 2006, serve a copy of the Proof of Service of the Complaint in Custody upon the other parties of record by causing same to be deposited in the United States Mail, first class, Certified Mail, Return Receipt Requested, Restricted Delivery, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows, as confirmed by the signed receipts attached hereto as Exhibit A. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER , DATE: i ( :,.. ,2006 . /) ) ./ By: ~ ' " i,A/ MaiYt. Duffie, Es~uirre :266647 .~ , :r <0 I"- :r U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Illsuram!tJ Coverage Provided) I"- <0 ru I"- ru o o o o U') I"- o Postage $ I,' , CertifIed Fee (, Return Reclept Fee Ii. ~~ ) (Endorsement AeqI,Jlred) ( Restricted Delivery Fee ) (Endorsement Required) , Total Postage & Fees $ .' :r ~ en' 0 itS3d I L.. 8 roolLs :j; I"- -~/f:;;":::-:,o.;ni-2----if:~;;;-~*-IPT~-~=mh-.-m.n.nm Ci;y;-s;;,iB;ziP;:.rjmn.....m.-..-m.h--mm--m6t.i/3,--nhm-n--. SENDER: COMPLE TE THIS "ECTiON , . . Complete items 1, 2, and 3. Also complete item 4 if Restricted DerlVery Is desired. . Print your name and hddress on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiecs, cr on the front ~ space pennlts. 1. Article Addressed to: A. Signature x Dent Addressee B. Received by (Printed Name) . t. ~i<; (', D. Is delivery address different from item 1? If YES, enter delivery address below: Ktlssel { L. t)ycolt'<;. i~ 12 TeiA.COck. V r { Ve/ UrUs:/c/ .-PA jjQI0 3. Service Type ~CerlIfIed Man D Registered D Insured Mall D Express Man o Return Receipt for Merchandise DC.O.O. 4. Restricted Delivery? (Extra Fee} 2. Article Number (Transfer trom service label) PS Form 3811. February 2004 7004 0750 0002 7287 4784 Domestic Return Receipt Ves 102595-02.M-1540 () ~; rF?{ ,;:;:~ ~8 ~ ...., = = "" o ." ~:n rn ::oFii ..00 ,"", i ;-~~i <- :> ::-~ w C) -"'1 ~~: (,,- ,- ,", -" , :,tJ .-< ( J #' L - r. - ,,- ~ MAR U BJ IL.,_IIC.U . g PAMELA S. MURRAY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-104 CIVIL ACTION LAW RUSSELL L. BROOKS, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10-\\ dayof t-\o..tL'" ,2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Mother, Pamela S. Murray, and the Father, Russell L. Brooks, Jr., shall have shared legal custody of Zander William Brooks, born April I , 2004. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place each week on Sunday at 5:30 p.m., beginning Sunday, March 5, 2006. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 3. The parties shall engage in family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to obtain an assessment of the Child's adjustment issues as identified by the Child's daycare provider and obtain guidance as to whether a daycare/preschool setting or family care setting will best meet the needs of the Child at this time. The parties shall equally share any costs ofthe counseling/assessment which are not covered by insurance. 4. After receipt of the counselor's guidance with regard to third party care for the Child, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 5. The Mother shall provide a copy of the Child's medical insurance card to the Father within ten days of the date of this Order. 6. The parties shall notify each other within one day of making any medical appointments for the Child to enable the other parent to attend or otherwise participate in the appointment. The parties ~~~~~ill~~~~~~=~~~~ 7. Pending the follow-up custody conciliation conference, beginning the week of February 27, 2006, the Father shall make a payment of$65 to the Learning and Sharing Child Development Center during each of the Father's alternating weeks of custody, whether or not the Child attends the center during those weeks. 8. This Order is entered pursuant to an agreement of the parties at 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, ,~ J. cc: ~rk C. Duffie, Esquire - Counsel for Mother .)tannah Herman-Snyder, Esquire - Counsel for Father ,:"'j: ~ """, \.~ ...: '.,- ,,:,"--> ~>,- '~,.- ..----- PAMELA S. MURRAY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-104 CIVIL ACTION LAW RUSSELL L. BROOKS, JR. Defendant IN CUSTODY 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 Zander William Brooks April 1, 2004 MotherlFather 2. A custody conciliation conference was held on March 1, 2006 with the following individuals in attendance: The Mother, Pamela S. Murray, with her counsel, Mark C. Duffie, Esquire, and the Father, Russell L. Brooks, Jr., with his counsel, Hannah Herman-Snyder, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ Ct: ,.hob Dawnre~~ Custody Conciliator Date