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HomeMy WebLinkAbout02-2896TODD A. BROWN, SALLY C. BROWN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,2£~ ClVILTERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Todd A. Brown, an adult individual residing at 157 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Sally C. Brown, an adult individual residing at 101 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present residence A,qe Kevin A. Brown 101 Hope Drive 11 Boiling Springs, Pennsylvania Benjamin L. Brown 101 Hope Drive 08 Boiling Springs, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Defendant at 101 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Todd A. Brown and Sally C. Brown Residences 101 Hope Drive Boiling Springs, Pennsylvania Dates 2000 to January, 2002 Todd A. Brown and 13313 166th Street East 1997 to 2000 Sally C. Brown Puyallup, WA The natural mother of the children is Sally C. Brown, currently residing at 101 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania. She is married to the Plaintiff. The natural father of the children is Todd A. Brown, currently residing at 157 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: The Defendant currently resides with the following persons: Names None .Names Relationship Jack Larson Friend The relationship of the Defendant to the children is that of natural mother. Relationship 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claim to have custody or visitation rights with respect to the children. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: ~,~. A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlcustodylbrown.com VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. § 4904 relating to unsworn falsifications to authorities. DATE: ~"/~-~- Todd A. Brown TODD A. BROWN PLAINTIFF V. SALLY C. BROWN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~ENNSYLVANIA : 02-2896 CIVIL ACTION LAW IN CUSTODY : ORDER OF COURT AND NOW, Monday, June 17, 2002 ., upon consideratio it is hereby directed that parties and their respective counsel appear before Jaequelim at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Jul for a Pre-Hearing Custody Conference. At such conference, an effort will be made if this cannot be accomplished, to define and narrow the issues to be heard by the cz order. All children age five or older may also be present at the conference. Failure provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prot, Special Relief orders, and Custody orders to the conciliator 48 hours prior to s, FOR THE COURT, By: /s/ of the attached Complaint, M. Verney, Esq. ., the conciliator, 11, 2002 at 8:30 AM resolve the issues in dispute; or wt, and to enter into a temporary :o appear at the conference may ~ction from Abuse orders, :heduled hearing. ]acqueline M. Verney, E: q. ~_~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by with Disabilites Act of 1990. For information about accessible facilities and r available to disabled individuals having business before the court, please cont~ must be made at least 72 hours prior to any hearing or business before the cou scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associatio 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tw to comply with the Americans ~.asonable accommodations ~ct our office. All arrangements X. You must attend the ONCE. IF YOU DO NOT [ONE THE OFFICE SET TODD A. BROWN, VS. SALLY C. BROWN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2896 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sally C. Brown (hereinafter referred to as "Mother") and Todd A. Brown (hereinafter referred to as "FatheF'). WHEREAS, the parties are the natural parents of Kevin A. Brown, born September 30, 1990, and Benjamin C. Brown, born May 25, 1994 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children each week for two overnight periods at times mutually agreed upon by the parties. 4. The parties shall share time with the children on all major holidays and for the children's birthdays. 5. The children shall spend each Mother's Day with mother and each Father's Day with father. 6. Father shall be entitled to have two weeks of uninterrupted summer vacation with the children each year. Father shall notify mother of the weeks he intends to spend with the children for vacation by May 31 of each year. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 8. The parties are entering into this agreement with the understanding that husband is beginning new employment soon which will require him to travel out of the area each week, however, it is anticipated that father will be home at least two days each week. Also, father's schedule will vary each week. The parties will cooperate in ensuring that father has liberal access to the children, consistent with what is in the best interest of the children, despite father's irregular work schedule. 9. Neither parent shall do anything which may estrange the children from the other party, or injury the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for the other party. 10. The parties are encouraged to deviate from this schedule when the best interests of the children require them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 12. The parties agree that in making this Agreement, them has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: DATE: Todd A. Brown DATE: /~;ally C. Brown mas.dirldomesticlcustodylswartz.stp TODD a. BROVVN, VS. SALLY C. BROWN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2896 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this //* day of .r.~,~.~,~, ,2002, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Kevin A. Brown, born September 30, 1990, and Benjamin C. Brown, born May 25, 1994 (hereinafter referred to as "children"). 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children each week for two overnight periods at times to be mutually agreed upon by the parties. 4. The parties shall share time with the children on all major holidays and for the children's birthdays. 5. The children shall spend each Mother's Day with mother and each Father's Day with father. 6. Father shall be entitled to have two weeks of uninterrupted summer vacation with the children each year. Father shall notify mother of the weeks he intends to spend with the children for vacation by May 31 of each year. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 8. The parties are entering into this Agreement with the understanding that husband is beginning new employment soon which will require him to travel out of the area each week, however, it is anticipated that father will be home at least two days each week. Also, father's schedule will vary each week. The parties will cooperate in ensuring that father has liberal access to the children, consistent with what is in the best interest of the children, despite father's irregular work schedule. 9. Neither parent shall do anything which may estrange the children from the other party, or injury the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for the other party. 10. The parties are encouraged to deviate from this schedule when the best interests of the children require them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 12. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. BY THE COURT, OCT 0 3 ~002 TODD A. BROWN, Plaintiff V. SALLY C. BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002-2896 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 3ra day of October, 2002, the Conciliator being notified that the parties have reached an agreement regarding custody, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT,