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HomeMy WebLinkAbout94-02049 d ~ J J " " ~ ~ ~ JAMES P. BRANOFF, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94 - J,ol/1 CIVIL TERM SUSAN LAMARCHE, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is James P. Branoff, residing at 135 East Dauphin street, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Susan Lamarche, residing at 10 Wayne Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The plaintiff seeks shared physical and legal custody of the following child: Present Residenoe 10 Wayne Circle camp Hill, PA The child was not born out of wedlock. bD &a 8 years D.O.B. Hay 12, 1985 Nicholas Branoff During the child's lifetime, he has resided with the following persons and at the following addresses: li!U Plaintiff and defendant Address 135 East Dauphin street Eno1a, PA ~ From 5/85 to 1/88 Plaintiff, defendant and her parents, Henry and Ruth Lamarche 521 App1etree Drive Camp Hill, PA From 1/88 to 3/88 Defendant and her second husband, David Fleisher From 3/88 to 11/89 Cedar Run Apts. camp Hill, PA Defendant and her father, Henry Lamarche 521 App1etree Drive Camp Hill, PA From 11/89 to 2/91 . . , HID A44r... ~ Defendant and her third husband, Tim Dixon Town & Country Apts. Harrisburg, PA From 2/91 to 7/91 Defendant and her boyfriend, Todd Anderson 10 Wayne Circle camp Hill, PA From 7/91 to 7/93 Defendant 7/93 to the present 10 Wayne Circle Camp Hill, PA The child is presently in the custody of Susan Lamarche, who resides at 10 Wayne Circle, Camp Hill, Pennsylvania. She is divorced. The father of the child is James Branoff, who resides at 135 East Dauphin street, Enola, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently is residing at 135 East Dauphin street, Eno1a, Pennsylvania. 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following person: Nam. Nicholas Branoff RslationsbiD son 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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 ri9hts with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the father is a fit parent who can provide for the physical and emotional needs of his child. 10. 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. WHEREFORE, the plaintiff requests this Court to 9rant shared physical and legal custody of the child to the plaintiff and defendant. Respectfully submitted, t . ({~, h~_// ..x~J ~_ ~~ -/ V;oan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . . . " , The above-named plaintiff, JAMES P. BRANOFF, verifies that the statements made in the above Complaint are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Date: J ~ ~ S3 ,q<\ LMP.~ parnes P. Branoff, Plaintiff t: ..:i: .",.. :;n ~>- .,'_ 0 '.:) ~: ~',:_I \n 0 ~::,L~;: 0 v) ,:~;, :::r . Jl." . ,"~. >~J , ~ ..... C) ~N \~)~ ~ -, 0<': -.---,' . . ".....;.-, , "..:--..;'!'........ c() CO - ~ cr { :t!- . ~ ....... '&- cJ ~ " ~ r:::> \r) ~ \ "rr JAMES P. BRANOFF, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA v. . . 94 - J.o1./9 CIVIL NO. TERM . . SUSAN LAMARCHE, Defendant CUSTODY AND NOW, this CUSTODY I C/rf! . I' - day of , 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Nicholas Branoff. 1. The plaintiff, hereinafter referred to as the father, and the defendant, hereinafter referred to as the mother, shall share physical and legal custody of the child. 2. The mother and father shall have physical custody of the child, according to the following schedule: a. The father will have custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and the mother will have custody during the week and on alternate weekends, except at times otherwise indicated by this order. b. The father shall be contacted and given the option of custody whenever the mother is in need of someone to watch the child. c. The father shall have custody of the child on Christmas Eve from 6:00 p.m. until 10:00 p.m. until the child is 12 ArR 19 3 ~4 m '9~ ',t I<:f vi . _ ~ .tOf,'" AhY ('iJ",,'''L; ,,0 e-, :lllTT ~r 'illhy,-;~'j1" ~., .' f.." -.......", """,:,,~,;; years old and until midnight thereafter. The mother shall have custody of the child on Christmas Day. d. The parties shall share custody of the child during the child's school Christmas vacation, with the father and mother each having custody for half of the vacation, at times to be agreed upon by the parties. e. The parties shall share custody on New Year's Eve and New Year's Day, with the father having custody of the child on New Year's Eve from 6:00 p.m. until 9:00 a.m. New Year's Day and the mother having custody of the child on New Year's Day. f. The parties shall share custody on Thanksgiving and Easter, with the father having custody of the child from 9:00 a.m. until 3:00 p.m. and the mother having custody at other times on those days. g. The parties shall share custody of the child on the child's birthday, with the father having custody of child from 6:00 p.m. until 9:00 p.m. if the birthday falls on a weekday, and if the child's birthday falls on a weekend, the father shall have custody of the child from 9:00 a.m. until 3:00 p.m. h. The parties shall share custody during the three-day Fourth of July weekend, with the father having custody of the child from Sunday at 12:00 noon until Monday at 6:00 p.m. i. The father shall have custody of the child on the father's birthday, from 6:00 p.m. until 9:00 p.m. if the father's birthday falls on a school day, and from 12:00 noon until 6:00 p.m. if the father's birthday falls on a weekend. j. The father shall have custody of the child on Father's Day from 12:00 noon until 6:00 p.m., and the mother shall have custody of the child from 12: 00 noon until 6: 00 p. m. on Mother's Day. k. The father shall have custody of the child for one full week in the months of June, July, and August. The father shall give the mother two weeks notice as to when his period of summer custody shall take place. The mother also has the right to take the child on a summer vacation including a maximum of three weekends. 1. The father shall have custody of the child over the three day Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday, and the mother shall have custody of the child over the three-day Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday. 3. The father shall have custody of the child on two weekday evenings each month, for the purpose of attending counseling sessions with the child. The father and child shall attend these counseling sessions for a duration of three months; if after three months the counselor determines that more counseling sessions are necessary, the father and child shall attend counseling sessions for an additional period of up to three months. The father shall provide the transportation for the counseling sessions. 4. The mother and father shall share equally the transportation responsibilities and expenses occasioned by this custody schedule. 5. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order remains in effect pending _,w._.-.._ further order of court. 6. Neither parent shall use illegal drugs, or consume alcohol to excess while the child is in their custody. 7. The mother and father shall notify each other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 8. The mother and father shall notify each other of all of the child's activities so that each parent may participate in the child's activities. 9. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court, !1c:L~14 (6 ~ j(1-L~/ . { Judge JAMES P. BRANOFF, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - aoL/1 CIVIL TERM CUSTODY SUSAN LAMARCHE, Defendant CONSBHT AGRBBMBHT This Agreement is entered on this ~ day of ~, 1994, by the plaintiff, James P. Branoff, and the defendant, Susan Lamarche. The plaintiff is represented by Joan carey, of Legal Services, Inc. and the defendant is represented by Mary Ko1las Kennedy of the Law Offices of William C. Ko1las. 1. The defendant, hereinafter referred to as the mother, and the plaintiff, hereinafter referred to as the father, agree to the entry of an Order providing for the following custody schedule for their child, Nicholas Branoff: a) The mother and father will share physical and legal custody of the child. b) The father will have custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and the mother will have custody during the week and on alternate week9nd~, except at times otherwise agreed to herein. c) The father will be contacted and given the option of custody whenever the mother is in need of someone to watch the child. d) The father will have custody of the child on Christmas Eve from 6:00 p.m. until 10:00 p.m. until the ,.. child is 12 years old and until midnight thereafter. The mother will have custody of the child on Christmas Day. e) The parties will share custody of the child during the child's school Christmas vacation, with the father and mother each having custody for half of the vacation, at times to be agreed by the parties. f) Th6 parties will share custody of the child on New Year's Eve and New Year's Day, with the father having custody of the child on New Year's Eve from 6:00 p.m. until 9:00 a.m. New Year's Day and the mother having custody of the child on New Year's Day. g) The parties will share custody on Thanksgiving and Easter, with the father having the child from 9:00 a.m. until 3:00 p.m. and the mother having custody at other times on those days. h) The parties will share custody of the child on his birthday, with the father having custody of the child from 6:00 p.m. until 9:00 p.m. if the birthday falls on a weekday, and from 9:00 a.m. until 3:00 p.m. if the birthday falls on the weekend. i) The parties will sha~e custody of the child during the three-day Fourth of July weekend, with the father having custody of the child from Sunday at 12:00 noon until Monday at 6:00 p.m. j) The father will have custody of the child on the father's birthday, from 6:00 p.m. until 9:00 p.m. if the birthday falls on a weekday, and from 12:00 noon until ",...--..._...,-",~..~. ,,_.....-- 6:00 p.m. if the birthday falls on a weekend. k) The father will have custody of the child on Father's Day from 12:00 noon until 6:00 p.m, and the mother will have custody of the child on mother's day from 12:00 noon until 6:00 p.m. l) The father will have custody of the child for one full week in each of the months of June, July, and August. The father will give the mother two weeks notice as to when his periods of summer custody will take place. The mother also has the right to take the child on a summer vacation including a maximum of three weekends. m) The father will have custody of the child over the three-day Labor Day weekend from 6: 00 p. m. on Fr iday until 6:00 p.m. on Monday, and the mother will have custody of the child over the three-day Memorial Day weekend from 6:00 p.m. Friday until 6:00 p.m. Monday. 2. The father agrees to attend counseling with the child two weekday evenings each month. The father agrees to attend these counseling sessions for a duration of three months; if after three months the counselor determines that more counseling sessions are necessary, the father agrees to attend counseling sessions with the child for an additional period of up to three months. The father agrees to provide the transportation for the counseling sessions. 3. The mother and father agree that they will share equally the transportation responsibilities and expenses occasioned by this custody schedule. 4. The mother and father, by mutual agreement, may vary from I. this schedule at any time, but the order remains in effect pending further order of court. 5. The parties agree that neither will use illegal drugs, or consume alcohol to excess while the child is in their custody. 6. The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. The mother and father will notify each other of all the child's activities, so that each parent may participate in the child's activities. 8. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect he above te~~s. r ~James p'b~ranOff' . . 1 /' oan carey Attorney for P aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 las Kennedy for Defendant LAW OFFICBS OF WILLIAM KOLLAS 1104 Fernwood Avenue camp Hill, PA 17011 (717) 731-1600 .-,- ?'~~ft";}~':'~7"~f-^?r:' "c~ , 7~: o;W~,:',T, '.: ., ,,". ';>':tA~~~~:~if{~~'\":"'-_.'. ,- r :;!~~~ctt~~i~~~)>"lf:' ' i;,:;j-i'~~"N ,:.,,,-, ,-,-..ok' .....