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HomeMy WebLinkAbout07-0211 TROY E. WHETSTINE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'1~ 2/1 ~-r:.- , BRY ANNA S. BROOKS. Defendant CIVIL ACTION - LA W CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Troy E. Whetstine, residing at 53 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Bryanna S. Brooks, last know permanent residence was at 53 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania. She is currently believed to be residing with her new boyfriend, John Bevins, in his van. 3. Plaintiff seeks custody of the following child: Name Present Address Date-of- Birth Sayge E. Whetstine 53 Warwick Circle Mechanicsburg,PA 12/11/05 4. The child was born out wedlock. The child is in the custody of Plaintiff Father, residing at 53 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the past five (5) years, the child has resided with the following persons at the following addressees): Name Address Dates a. Troy E. Whetstine (natural father) 53 Warwick Circle Erika M. Ward (matumal grandmother) Mechanicsburg, PA Jonathan Ford(grandmother's fiance' Ivvy Morder (aunt) Bryanna Brooks (natural mother) (until December 6,2006) July 2006 to present b. Bonnie Whetstine (paternal grandmother) 535 Willow Street Troy Whetstine Highspire, P A 17034 Bryanna Brooks April 2006 to July 2006 c. Erika Ward (maternal grandmother) Jonathan F ord(grandmother' s fiance' Troy Whetstine (natural father) Bryanna Brooks (natural mother) Ivvy Morder (aunt) 53 Warwick Circle Mechanicsburg, P A Date of birth to April 2006 6. The mother of the child is believed to be living with her boyfriend John Bevins in his van. She is single. 7. The father of the child is currently residing at 53 Warwick Circle, Mechanicsburg, PA, 17050 with Defendant's mother. He is single. 8. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following person(s): Name Relationship Troy E. Whetstine Erika Ward Jonathan Ford Ivvy Rose Morder Natural Father Maternal Grandmother Maternal grandmother's fiance Father's sister 9. The relationship of Defendant to the children is that of natural mother. Defendant iscurrently believed to be homeless and was last seen residing with John Bevins, her boyfriend, in his van. Name Relationship John Bevins natural mother's boyfriend 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information ofa custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff father is able to better provide for the day to day needs of the child, and; has been the primary caretaker of the child;and b. Plaintiff is able to provide the child with a safe and stable environment; and c. Defendant mother is not able to provide a safe and stable home for the child. 14. 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, Plaintiff requests the Court to grant him primary physical and legal custody of the child and grant Defendant temporary periods of partial physical custody to be exercised at a safe and suitable location. Respectfully submitted, Date: \ -l~r 01) GH, PC Jo Harrison Clo gh, Attorney ID No.: 3 61 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Troy E. Whetstine, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: ) 11 \ /07 , ~.~ Troy E. etstme f>~ -.) ~ ~ """ ~ v-, '""' Cf, ffi ~ () c- ~. ""t, (~~, ,..,-,< ~'!./:' 0,r::~- ,.5- ~.(',) ~C-) $~i! ::< .., -- ~ g ~ ~ I'\:t "-o.,J ~ <::::i ~ k ;;e - - ~ R!~ 7;:i:i }] f!J ()2: :::;:iy -'-...,. , C) _,) '::>0 c5 '11 -:-I ~ ...... ~ "I TROY E. WHETSTINE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 07-211 CIVIL ACTION LAW BRY ANNA S. BROOKS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 17,2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at__~9 West Main Street, Mechanicsburg, PA 17055 on Thursday, February IS, 2007 , the conciliator, at 12:00 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 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 hearin2. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator ~ 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 17013 Telephone (717) 249-3166 ~p ~ ~nI~;J ((}_$/_ / _$ ~ ~ '~~f#;J (O.J/-( ~ #:,,-1 ~JfrIJtJ-Pl a.N'! \'1 1 r~\/,'\l/ \S' f\J f\:"-1 rt i il' in,~,'" "'i' ,::.:;::; ,\.~ \j, ".' .;" ,,'.: .'Hii'Jn" _..i' ,r 1.J 60 :tl ~rd 81 NVr LOOl Ai:fV10NOH1Cdd 3111 :10 381::l:!O-031!:I lIAR 0.. ( "I TROY E. WHETSTINE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-211 CIVIL ACTION LAW BRY ANNA S. BROOKS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~cr day of /l'14.<A , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Troy E. Whetstine, and the Mother, Bryanna S. Brooks, shall have shared legal custody ofSayge E. Whetstine, born December 11,2005. 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. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: During alternating weekends, the Mother shall have custody ofthe Child from Friday at 3:00 p.m. through Monday at 8:00 a.m. and during the interim weekends, the Father shall have custody ofthe Child from Friday at 8:00 a.m. until Tuesday at 3:00 p.m. During the weeks, the Father shall have custody of the Child from Monday at 8:00 a.m. (or following the Father's weekend from Friday at 8:00 a.m.) through Tuesday at 3:00 p.m., the Mother shall have custody from Tuesday at 3:00 p.m. through Wednesday at 8:00 a.m., the Father shall have custody from Wednesday at 8:00 a.m. through Thursday at 3:00 p.m. and the Mother shall have custody from Thursday at 3:00 p.m. through Friday at 8:00 a.m. During Fridays on the Mother's weekend periods of custody, the Father shall have custody ofthe Child from Friday at 8:00 a.m. until 3:00 p.m. when the Mother's weekend shall begin, In the event the custodial parent is working and the non-custodial parent is offwork, the non- custodial parent shall be entitled to have custody of the Child during the custodial parent's period of unavailability to ensure that the Child is at all times with one ofthe parents if available. The schedule set forth in this provision shall begin with the Mother having custody ofthe Child beginning on February 27, 2007 at 3:00 p.m. and with the Mother's first weekend period of custody beginning on Friday, March 2,2007 at 3:00 p.m. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, n71~!\ D ,! D~'!, I- r.:,'"O v'li'ih 'i I j . ,dJ the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from 8:00 a.m. through 4:00 p.m. on Thanksgiving Day and Segment B, which shall run from Thanksgiving Day at 4:00 p.m. through the Friday after Thanksgiving at 8:00 a.m. In odd-numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. C. Easter: In every year, the Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 4:00 p.m. and the Father shall have custody from Easter Sunday at 4:00 p.m. through the Monday following Easter at 8:00 a.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody ofthe Child on Mother's Day and the Father shall have custody of the Child on Father's Day, with the specific times to be arranged by agreement between the parties. E. Child's Birthday: In every year, the parties shall equally share having time with the Child on his birthday, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for one uninterrupted week each year for vacation upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. In the event either parent intends to remove the Child from his or her residence for a vacation period of custody under this provision, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 5. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer during any period of custody that parent shall provide advance notice to the other parent of the address and telephone where the Child can be contacted. 6. Neither party shall remove the Child from the United States except with the prior consent of the other parent. 7. The Mother shall be responsible to provide transportation for exchanges of custody when she is traveling to or from her place of employment, and the Father shall be responsible to provide transportation for all other exchanges of custody. 8. Both parties shall ensure that there are no firearms which are not licensed and secured (with the ammunition stored separately) in the household where he or she resides. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development ofthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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, dJ- J. cC:~.J.ID1e Harrison Clough, Esquire - Counsel for Father ....<irace E. D' Alo, Esquire - Counsel for Mother ~ TROY E. WHETSTINE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-211 CNIL ACTION LAW BRY ANNA S. BROOKS 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 Sayge E. Whetstine December 11, 2005 Father 2, A custody conciliation conference was held on February 26, 2007 with the following individuals in attendance: the Father, Troy E. Whetstine, with his counsel, Joanne Harrison Clough, Esquire and the Mother, Bryanna S. Brooks, with her counsel, Grace D' Alo, Esquire. pjg Date a 3. The parties agreed to entry of an Order in the form as attached. DaA~ Custody Conciliator 0J.r~ t d- 00 7