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HomeMy WebLinkAbout02-0964DREW S. DEWALT, Plaintiff LISA M. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~L. t./ ~[O't C ~"'/"~1--~ CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Drew S. DeWalt, an adult individual currently residing at 236 Ridgehill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Lisa M. Brandt, an adult individual currently residing at 109 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Bradley Scott DeWalt, who was bom on October 8, 1988. The child was not bom out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Bradley has lived with Plaintiff all of his life and with Lisa until 1990 when Plaintiff and Defendant divorced. Bradley is presently living with Plaintiff and Plaintiff's wife, Meredith DeWalt, their daughter, Mikaela DeWalt - his sister. 4. The relatioi}ship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Meredith DeWalt Bradley Scott DeWalt Mikaela DeWalt Relationship Wife Son Daughter 5. 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 Unknown 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 8. This is being filed to confirm the pre-existing custody arrangement previously followed by the parties. 9. 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 Plaintiffrequests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. W~l~iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 25, 2002 VERIFICATION The foregoing Complaint for 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 document and to the extent that it 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 of the 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. Drew S. DeWalt DREW S. DEWALT PLAINTIFF V. LISA M. BRANDT DEFENDANT : 1N CUSTODY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-964 CIVIL ACTION LAW AND NOW, Thursday, March 07, 2002 , 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 301 Market Street, Leraoyne, PA 17043 on Monday, April 08, 2002 at 1:00 PM 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 ora 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/ Melis~a P, Greevv. Esa./~l~ Custody Conciliator - 0w · 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 he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249~3166 DREW S. DEWALT, Plaintiff V. LISA M. BRANDT, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-964 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z~' day of May, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Drew S. DeWalt and Lisa M. Brandt, shall have shared legal custody of the minor child, Bradley Scott DeWalt, born October 8, 1988. 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall have primary physical custody. Mother shall have partial physical custody which shall be arranged as follows: A. During the school year, each Saturday and Sunday. B. During the summer school break, Thursday through Sunday each week. NO. 02-964 CIVIL TERM custody shall be as arranged by the parties. 3. Holidays. The parties shall share the holidays as they may agree. shall have custody for Christmas Eve each year. 4. Vacation. agreed by the parties. At other such times as the parties may agree. The periods of Mother Each party shall be entitled to up to two (2) weeks of vacation as 5. Transportation. Mother will arrange transportation to the child's activities which occur during her periods of custody. The child presently participates in karate and swimming. In the event that the child desires to participate in additional extracurricular activities, the parties, pursuant to their obligations under the provisions of this Order which provide for shared legal custody, shall discuss these activities and shall not arrange activities which would occur during the other parent's period of custody without their express consent. 6. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. However, in the event that the parties do not agree, the terms of this Order shall control. Dist: BY THE COURT: Thomas J. Williams, Esquire, 10 E. High Street, Carlisle, PA 17013 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 DREW S. DEWALT, Plaintiff V. LISA M. BRANDT, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-964 CIVIL TERM CIVIL ACTION - LAW 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 THE CUSTODY OF Bradley Scott DeWalt October 8, 1988 Father 2. A Custody Conciliation Conference was held on April 30, 2002 pursuant to Father's Petition to Confirm Custody filed on February 27, 2002. In attendance were: the Father, Drew S. DeWalt, and his counsel, Thomas J. Williams, Esquire; the Mother, Lisa M. Brandt, and her counsel, Gary L. Kelley, Esquire. 3. The parties reached an agree~ment i~ the~of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :157769