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HomeMy WebLinkAbout96-0457100686600001/Augwt 14, 1996/MCD/PAR/53323 CINDY BREHM, Plaintlff v. WILLIAM C. BREHM, 111, Defendant IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground fw the divorce is indignities or irretrievable breakdown of the marriage, you may request marriaga counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO7 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU GAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF Cumberland County Court Administrator Cumberland Country Courthouse One Courthouse Square - 4th Floor Carlisle, PA 17013-3387 Telephone: (7171240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. q~-x/57/ C'~~„~'l`~~~ 099999-00020/August 9, 1996/MCD/PAR/55428 CINDY BREHM, Plaintiff v. WILLIAM C. BREHM, III, Defendant IN DIVORCE COMPLA/NT /N D/VORCE UNDER SECT/ONS 3301 /cl OR 3301 /d/ OF THE D/VORCE CODE COUNT /. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DIVORCE AND NOW, comes the Plaintiff, CINDY BREHM, by her attorneys, Johnson, Duffie, Stewart Weidner, and files this Complaint in Divorce of which the foilowing is a statement: 1. The Plaintiff, Cindy Brehm, is an adult individual residing at 12 Wood Lana, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, William C. Brehm, III, is an adult individual residing at 12 Wood Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six l6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 19, 1980, at Central Presbyterian Church in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 099999-00020/August 9, 1998/MCD/PAR/5542a 6. The Plaintiff has been advised of the availability of marriage counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement maybe incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce to Plaintiff and Defendant as if they had Haver bean married. COUNT //. EQU/TABLE D/STR/BUT/ON 9. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from October 19, t 980 to date. 11. The Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. -2- 099999-00020/August 9, 1996/MCD/PAR155428 COUNT //I. AL/MONY 12. Paragraphs 1 through 4 of this Complaint are incorporated herein as though set forth in full. 13. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 14. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. COUNT /V. AL/MONY PENDENTE L/TE, COUNSEL FEES COSTS AND EXPENSES 15. Paragraphs 1 through 4 of the Complaint are incorporated herein by reference as though set forth in full. 16. Defendant earns in excess of 526,000.00 gross per year and has assets in excess of 575,000.00. 17. Plaintiff has employed counsel, but is unemployed and as a result is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiff is unable to sustain herself during the course of this litigation. 19. Defendant refuses to give any money to Plaintiff over bare subsistence level. -3- 099999-00020/August 9, 1996/MCD/PAR/5542a WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendenta lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V. CUSTODY 20. Paragraphs 1 through 4 of this Complaint are hereby incorporated herein by reference as though set forth in full. 21. Plaintiff and Defendants sre parents of the following unemancipated children: ~~ ~,Q~ ~ BIRTH DATE RESIDENCE William Brehm 10 years Male 10/24/85 12 Wood Lane Carlisle, PA 17013 22. In tfie past five (5) years, the parties' children have resided at 12 Wood Lane, Carlisle, Pennsylvania, 17013. 23. During the past five (51 Years, the child, William Brehm, has resided with the Plaintiff and Defendant. 24. Plaintiff has not participated as a party, witness or in any other capacity in any other litigation concerning the custody of the same child in this or any other state. 25. Plaintiff has no information of any custody proceedings concerning the child pending in this or any other state. -4- 099999-00020/August 9, 1996/MCD/PAR/b5429 26. Plaintiff does not know of any 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. 27. Plaintiff and Defendant expect to reach an agreement regarding the custody of the child, Billy Brehm. Until then the best interest of the child would be served by granting the requested relief because: (a) Ths Plaintiff currently is and always has been the primary caretaker of the minor child. The Plaintiff cooked meals for and bathed the child. Ib) The Plaintiff does and always has done tha child's laundry. (c) The Plaintiff is temporarily moving into the home of Kathy Ann Peiffer, her sister, located at 569 Hillcrest Drive, Carlisle, Pennsylvania, 17013. ld) This move is due to the fact that the Defendant has rendered the marital home unlivable through dozens of unfinished repairs performed during the marital years. lei The health and welfare of the child would be best served by living with the Plaintiff end her sister at 569 Hillcrest Drive, Carlisle, Pennsylvania, t 7013. Ifl The Defendant's unfinished repairs have rendered the home unlivable and dangerous to the child because there are exposed wires, waterlogged and warped walls, as well as numerous tools, boards and other scraps of building materials scattered throughout the home posing a threat to the health and safety of the minor child. Additionally, both the Plaintiff and the minor child have asthma. -5- 099999-00020/August 9, 1998/MCD/PAR/55428 (g) Tha minor child has indicated to the Plaintiff that he wishes to be with the Plaintiff at the home of Kathy Ann Peiffer living at 569 Hillcrest Drive, Carlisle, Pennsylvania, 17013. (hl The minor child, by living with the Plaintiff's sister, Kathy Ann Peiffer, would be attending the same school district. (i) Tha minor child, while living with the Plaintiff's sister, Kathy Ann Peiffer, would have his own clean bedroom in a three (3) bedroom home. (j{ 569 Hillcrest Drive is located next door to the minor child's grandparents. WHEREFORE, Plaintiff prays your Honorable Court to grant custody of the Plaintiff. JOHNSON, DUFFIE, STEWART& ey: Attorney I.D. No. 75908 ~' 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 (717) 761-4540 Attorney for Plaintiff DATED: ~ ! , 1996 -5- 099999-000201A~pust 1, 1986/MCD/PAR/55428 VER/F/CAT/ON 1 verify that the statements made in this Complaint 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.S.A i 4904, relating to unswan falsification to authorities. DATE: , 1996 i A "~ ~w ~~.~rt_/ CINDY BREHM -6- ~ ~, ., ~,° ~, o ~ `°. N ~ ~ ~ -. 1~ ! 4. r. rr C C ~C --~ r'' ~ `y ~ ~ C~~~= ~ ~' ~ ~ C ~ coif i~ ~ ~ ~~ r- s 099999-00020/AuBUSt 9, 1996/MCD/PAR/55428 CINDY BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-4571 CIVIL TERM v. WILLIAM C. BREHM, III, Defendant IN DIVORCE CERT/F/GATE OF SERV/CE I hereby certify that on the 30`" day of August, 1996, that I served a true and correct copy of the Complaint in Divorce upon the Defendant, William C. Brehm, III, by certified mail, restricted delivery, to his address at 12 Wood Lane, Carlisle, Pennsylvania, return receipt requested, attached hereto and made a part hereof. Date: September 5, 1996 By: Attorney I.D. #75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER rk C. Duffie P 599 839 521 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided.- ~~illiam C. Brehm, III Poeteye I S Speeld DdNerY Fee Reeakted Ddfve7 Fee Rdum Receipt SMwitM ~ V/lwn A DW DMveiec TOTAL Paetate 8 Feec Posenedt ar Dots r w . - rent t rWar2 rtrettttarl eer,tne. 1 al>r MMr r aptMt M •Canplde rent a K eM er. tdorMq ttrkbtt (br th •PM yayrounrti ena WtwemM nor.. dtleebm~eotW w. on rMUn see ~t ~~; •Neen MY bm~ b1M kern d tlr metpMO.. a an tlr Etlc M epees Aoee nd 1. ~ AdditttN't AddrMt • W~AIe'NMrmllenpt ReglrfYCan ru melpteoe 6elerrrn rtoM reerlw. 2.7Q Rtt6'k:Itd DtNvtry ^TMn.mmwokglwrrG.meewne..~m....eekw.a.nam.ar aeWwte. CarWpottrnttMblht. "~ 3. ArWis Addrttetd b: Ia Arllclt Mtnibtr P 5 9 839 521 Milliaw C. Brehm, III ~• 12 Hood -Lane ~ b ~ Ctruasd Carlisle, PA 1703 ~ ~ ~ Intuse •~ p RMmWaplaMtwdrndte O COD ~. 9 ` ~ b. RscNved , (Pr6M Nrne) 8. Mlrlnaws Nnqu..tw trrd kt w p~ ~e ~ a Ps slum ~ .o {' °` -~ o; ~ `~' ~~ U 099889-OOOYO/September 19, 1998/MCD/KKM/PAR/56438 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner N0. 96-4571 CIVIL TERM v. WILLIAM C. BREHM, III, Defendant/RespondeM IN DIVORCE PET/T/ON FOR AL/MONY PENDENTE L/TE. COUNSEL FEES COSTS AND EXPENSES The Plaintiff/Petitioner, Cindy Brehm, by her attorneys, Johnson, Duffie, Stewart & Weidner, respectfully represents as follows: 1. A Complaint in Divorce was filed on August 14, 1996, wherein Petitioner seeks, inte/ a/ia, equitable distribution, alimony, alimony pendente lite, interim counsel fees, costs and expenses. 2. Petitioner has retained counsel and will be put to considerable expense and preparation for her case in the employment of counsel and payment of costs. 3. Petitioner is without adequate funds to support herself and to meet the costs and expenses of this litigation and is unable to sustain herself during the pendency of this action. 4. Respondent is at present employed as a chef and earns in excess of 535,000.00 par year. 5. Respondent has failed and refused to support Petitioner adequately since the commencement of the divorce proceeding. 098899-00020l9eptember 17, 7998/MCDIKKM/PAR/58438 WHEREFORE, Petitioner prays that your Honorable Court grant a rule on Respondent to show cause why an Order should not. be made upon him to pay Petitioner alimony pendente lite, and to pay her counsel fees and expenses. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~• Mar . Duffie Attorney I.D. A~75906 301 Market Street P.O. Box 109 Lemoyne, PA 1 7043-0 1 09 (717) 761-4540 Attorneys for Petitioner 099999-00020/September 17,1988/MCD/KKM/PAR/88438 Cindy Brehm, do verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~.(~~`~ ~iGCJN~ Cindy Brehm Dated: ~7 pli n C " ~.a cn n -:, ' cn -~ C!~ ". ~, W W ~r=-; N - -4 •'f -~.( ~ L ~ CINDY BREHM plaintiff/Petitioner V S. WILLIAM C. BREHM, Ill DefendandRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE N0.96-4571 CIVIL TERM IN DIVORCE DR# 25,822 ORDER OF COURT ANp NOW, this 2nd day of October , 1996, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October I5. 1996 at 11:00 a.m. for a conference, after which the conference office may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 I C (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. cc: Mark Duffle, Esq. -y~Q~„ cc: Scott Moore, Esq. ~(d(3 /4 F ( l 1~.'.v Date of Order: October 2. 1996 BY THE COURT, Harold E. Sheely, President Judge .. Sha ay, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHOE MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 (717)240-6200 !r'I N~~A'1.~lSl~! I~!?~! f ~') ... _, .JU ~ ~~~: 3~1~~(}-Cl~liJ DR 25,822 CINDY BREHM PLAINTIFF/PETITIONER VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIV[L ACTION -SUPPORT WILLIAM C. BREHM DEFENDANT/RESPONDENT : N0.96-4571 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of October, 1996, upon recommendation of the Domestic Relations Conference Officer, pursuant to the parties residing in the same household, respondent's income, respondent providing maintenance for petitioner, the parties' dependent child, and considering that respondent is offsetting any obligation that petitioner may have for the support of their son, IT IS HEREBY ORDERED AND DIRECTED that the above captioned petition for alimony pendente lite is denied without prejudice. ' ~1: ~ ;, , i y ~ .~ ~~ti ~ ~ ~ c- a~ ~ BY THE COURT, r t~ - ~. ~ ... r~ - ~ Ai :3 iw: •• Ke n A. Hess, r c.a . DRO: R.J. Shadday cc: plaintiff and defendant PY~"" cc: Mark C. Duffle, Esq. cc: Scott Moore, Esq. Lin iplaa~4~ J. ' ~, d ~ ~ N i ^O 3 W ~ 099999-00020/October 31, 1996/MCD/PAR/58124 CINDY BREHM, v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96571 -CIVIL TERM WILLIAM C. BREHM, III, Defendant . IN DIVORCE/CUSTODY DR NO. 25,822 ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 1`Gt~/~~.e-C ~.. ~ar+6~ ~~` ,the Conciliator, on the Sri` day of ®rrwrrv}?~ t 996, at ~_ m. in C~l~vom-- floor of the C ~ ~ S ~ ) tt ~ Caiiale, Pennsylvania, for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues and disputes; 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 ages five (5) or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 ~- r AGO "'~ ~',,~~~~~ ~ ~G ' ~i"l~ ;, dmronus~vrr~d `~.Rn~^~ ~~r~gvuno Lh ~£ Nd 9- riON 96 At~l©3J1~v0-031i~ it ~0 y HORACE A. IOHNSON TERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, 1R. EDMUND G. MYERS LAW OFFICES JOHNSON, DUFFIE, STEWART 9 WEIDNER 301 MARIDrT STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 TELEPHONE 717-T61-4540 FACSIMILE 717-761-3015 October 31, 1996 Thomas E. Cheffins, Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Dear Mr. Cheffins: Re: Brehm v. Brehm No. 96-4571 - In Divorce/Custody TAMES A. 10HNSON DAVID W. DeLUCE RALPH H. WRIGHT, 1R. DAVID 1. LANZA IOSEPH L. HITCHMGS MARK C. DUFFIE Enclosed please find a proposed Order scheduling aPre-Hearing Custody Conference in the aforementioned divorce case. In the original Complaint, I included a Count for Custody and at this time i am simply requesting the Court to schedule aPre-Hearing Custody Conference. If there are any problems or if you have any questions, never hesitate to call. Very truly yours, JOHNSO~N,,~DUFFIE, STEWAR WEIDNER Mark C. Duffie MCD:par:58127 Enclosure cc: Scott D. Moore, Esquire CINDY BREHM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-4571 CIVIL TERM CIVIL ACTION - IN DIVORCE v. WILLIAM C. BREHM, Defendant ORDER AND NOW, this ~~~ day of ~~-~=~%r , 199 , a hearing on the attached Petition for Special Relief shall be held on the a ~~ day of ~~,~C.P/h't.-~c4/1~ 199 at /V % 3CJ o'clock g.m. in Courtroom No. ~_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~~ BY THE COURT: ~ ,J A~'AlOi~~;~;~~U_ , :: 3JI~JQ-Cis ;~,J .. CINDY BREHM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 96-4571 CIVIL TERM WILLIAM C. BREHM, CIVIL ACTION - IN DIVORCE Defendant PETITIOII FOR SPECIAL RELIEF AND NOW, comes Petitioner, William C. Brehm, IiI, by and through his attorney, Scott D. Moore, Esquire, and petitions this Honorable Court as follows: 1. Petitioner, William C. Brehm, III, is the Defendant in the above-captioned action and is hereinafter referred to as Husband. 2. Respondent, Cindy Brehm, is the Plaintiff in the above- captioned action and ie hereinafter referred to as Wife. 3. The parties were married on October 19, 1980 and lived together as Husband and Wife. 4. The parties are currently residing in the same house at 12 Wood Lane, Carlisle, Cumberland County, Pennsylvania. 5. On August 14, 1996 Wife filed a Complaint to the above term and number. Count II of said Complaint requests equitable distribution. 6. The parties jointly own a computer with an approximate SAIDIS, GUIDO, 5IIUFF & MASLAND 26 W High Sheet Caz6sle, PA value of $3,000.00. 7. Husband uses the computer for both his work and education. 8. Wife has removed the computer from the household. 1 4. Wife has also removed various computer software and other documents important to Husband. 10. Moreover, Wife has deliberately erased information on Husband's lap top computer and the computer that is now missing. 11. Previously, while Husband was out of town, Wife made efforts to sell the above-referenced computer without the consent of Husband. 12. Petitioner fears that Respondent will sell the computer andjor erase important files from the computer. WHEREFORE, Petitioner prays this Honorable Court to enter an Order: a. Prohibiting Respondent from selling said computer and any and all supporting software and/or documentation. b. Prohibiting Respondent from deleting important information on Petitioner's lap top computer and the home computer. c. Granting such other relief as the Court deems appropriate. SAIDIS, GUIDO, SNUFF & MASLAND 26 W. High Street Carlisle, PA Date: /L_ r_ 96 Respectively submitted, SAIDIS, GUIDO,~UFF & MASLAND gy ; L G-~..-~.., ott D. Moore, Esquire Supreme Ct. I.D. # 55694 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner 2 I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATED: ~GCGtMIf~P a 19°16 William C. Brehm, III SAIDIS, GUIDO, SIIUFF & MASLAND 26 W. High S[reet Carlisle, PA CERTIFICATE OF SERVICS On this 5th day of December, 1996, I, Scott D. Moore, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Special Relief upon counsel for all parties of record via United States Mail, postage prepaid, addressed as follows: Mark C. Duffie, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER P.O. Box 109 301 Market Street Lemoyne, PA 17043-0109 SAIDIS, GUIDO, SHUFF & MASLAND By: Scott D. Moore, Esquire SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA ~ arl f~ ~-- fJ , -n :~ ~ ; - t_, r < ~ -orn U7 i-7 -p ___ ~~ f m - 'ti f `ti ~ `~- , _} _ ~ fir -- 7 J . ~_l. ~~ `_~. "~+. ZSo ~ ,~ CINDY BREHM, IN TIDE"C,pt7R`I' OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 96-4571 CIVIL TERM WILLIAM C. BREHM, Defendant CIVIL ACTION - IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 23"1 day of December, 1996, the petition of the defendant for special relief is GRANTED to the extent that the respondent is herewith prohibited and enjoined from selling the computer which is the subject matter of these proceedings and any and all supporting software and/or documentation, or otherwise destroying or giving same away. The respondent is, similarly, prohibited and enjoined from deleting information on the petitioner's laptop computer and the aforementioned home computer. BY THE COURT, • ~ ~~ Ked A. Hess, J. Mark C. Duffie, Esquire For the Plaintiff _ d l,k,/~~~Qb- Scott D. Moore, Esquire For the Defendant :rlm ofi ~~ ~~ r 96 DF , ARY r ~'~ Fl9 ,~; ~~ ~L'u~ p~~~`4 . CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE O R D E R AND NO~P, upon consideration of the within Petition, it is hereby ordered as follows: 1. A hearing i~as sched,6uled on the within Petition for the ~ day of ~,Ah w ~~ 1997 , at /~•' 3~ o'clock ~.M. in Courtroom No. ~_, Cumberland County Courthouse, Carlisle, Pennsylvania. The parties are directed to appear at that time and place and give testimony on the issues presented in the Petition. 2. Pending the final determination to be made by the DIANE G. RADCLIFF ATTORNEY-AT-LAW !HB TRINDLE ROAD CAMP HILL, PA 17011 Court after the foregoing hearing, the Respondent is directed to immediately return to the Respondent the lap top computer, papers, journals, books, and all other personal property removed by her from the marital residence on February 6, 1997. /~. l-h-- ~4J~ ~It~fiJ~SNN~d h.fn±f?tl:~ ~1~R~1ft3 !a i .Z Nd £ f 8~d L6 ~ad~.gN~~ o-a~~ ~ AMERICANS WITH DISABILITIES ACT OF 1990 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. BY THE COURT: DIANE G. RADCLIFF ATTORNEY-AT-LAW 3H8 TRINDLE ROAD CAMP HILL, PA 170tl CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NON, this ~ day of ~b C~.V~ 1997, comes Defendant, WILLIAM C. BREHM, III, by his attorney Diane G. Radcliff, Esquire, and files the above referenced Petition and represents that: 1. Your Petitioner is WILLIAM C. BREHM, III, an adult individual whose residence is 12 Wood Drive, Carlisle, Pennsylvania. 2. Your Respondent is CINDY BREHM, an adult individual whose residence is 12 wood Drive, Carlisle, Pennsylvania. 3. The parties are husband and wife, having been married on October 19, 1980. 4. There are two computers that were acquired during the parties' marriage, which are subject to equitable distribution between them, which were used by Husband fox his work and which were the subject of a prior special relief proceeding resulting in the entry of an Oxdex dated December DIANE G. RADCLIFF ATTORNEY-AT-LAW 8498 TRINDLE ROAD 1 CAMP HILL, PA 17011 23, 1996, a true and cozTect copy of which is attached he>:eto, maLked Exhibit "A" and made a pact hereof. 5. At the pzioL hearing, the Respondent falsely testified that the desk top computez had been removed by her to hez work and that she was required by hex employer, Dashes, Inc., to have it at her work. In tLUth, the Respondent removed the computer to a storage facility just to deprive the Petitioner from use thereof. 6. The Respondent's employment at Dasher, Inc. terminated on or about February 6, 1997 and, in spite of said termination, the Respondent did not LetuTn the desk top computez to the marital zesidence, and it is believed that she continues to have it stored at hez storage facility. 7. On oL about Thursday, February 6, 1997, the Respondent, being angry over the loss of hez employment, the fact that the Petitioner had the light of full use of and access to the parties' jointly owned marital zesidence and the discovery of her false testimony to the court, took the PetitioneL's lap top computer and his accompanying papeTwoTk, books, journals, and the like, contained in the lap top case and removed it from the marital residence, taking it to her storage facility. When the Petitionez protested, the Respondent told him that the court's aforesaid Decembez 23, 1996 Order only prevented her fLOm erasing the computet's I DIANE G. RADCLIFF ATTORNEY-AT-LAW 3M8 TRINDLE ROAD 2 CAMP HILL, PA 17011 contents, not from removing it. 8. The lap top computer contains proprietary information belonging to the Petitioner's employer, Hershey Medical Center, and Petitioner requires the lap top computer fox his work. 9. The Petitioner has requested the Respondent to return it to him which requests have gone unheeded. 10. The Respondent's removal and retention of the computer was malicious and without cause ox justification. 11. The Petitioner has incurred and will incur attorneys fees in bringing this Petition in the estimated amount of $500.00. 12. The Respondent should be investigated and, if appropriate, charged for her perjury when she offered false testimony to this Court at the aforesaid Special Relief hearing. IPfILREFORE, your Petitioner respectfully requests this Honorable Court to enter an Order: 1. Requiring the Respondent to immediately return the lap top computer and contents of the lap top case to the Petitioner. 2. After the hearing, requiring the Respondent to return the desk top computer, associated paraphernalia, and the Petitioner's work books to the marital residence. I DIANE G. RADCLIFF ATTORNEY-AT-LAW 3 8498 TRINDLE ROAD CAMP HILL, PA 17011 3. Prohibiting the Respondent from hereafter removing the desk top computer from the marital residence ox from removing the lap top computer from the Petitioner's possession. 4. Compelling an investigation to be made of the Respondent's perjury. 5. Awarding the Petitioner reasonable attorneys fees and costs. Respectfully submitted, 34 Road amp Hill, 17011 ( 7-0100 I.D. No. 32112 Attorney for Petitioner RE I DIANE G. RADCLIFF ATTORNEY-AT-LAW 4 1148 TRINDLE ROAD CAMP HILL, PA 17011 VERIFICATION William C. Brehm, III verifies that the statements made in this Petition are true and correct. William C, Brehm, III undexstands that false statements herein are made subject to the penalties of 18 Pa.C.5. Section 4904, relating to unswoxn falsification to authorities. ~'/~ ILLIAM C. BREHM, III DIANE C. RADCLIFF ATTORNEY-AT-LAW l4f8 TRINDLE ROAD CAMR HILL, PA 17011 E%HIBIT "A" DIANE G. RADCLIFF ATTORNEY-AT-LAW 9148 TRINDLE ROAD CAMP HILL, PA 17011 i~~~~1~1~s.A ^~~n i r. ver. ~L...Iv' ~.~Y fA A C~~1.(~ j ~( rl , (v 9 CINDY BREHM, Plaintiff vs. WILLIAM C. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-4571 CIVIL TERM CIVIL ACTION - IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 23`i day of December, 1996, the petition of the defendant for special relief is GRANTED to the extent that the respondent is herewith prohibited and enjoined from selling the computer which is the subject matter of these proceedings and any and all supporting software and/or documentation, or otherwise destroying or giving same away. The respondent is, similarly, prohibited and enjoined from deleting information on the petitioner's laptop computer and the aforementioned home computer. _ BY THE COURT, Mark C. Duffle, Esquire For the Plaintiff Scott D. Moore, Esquire For the Defendant ~~ Kev' A. Hess, J. :rlm °, d ~~~~ ~~~~ r *5J b ~ 9} s['°Z,~i ~~~ £ ~ r ~~ ~~ LQ '"~ ...1 G ~~'M1 1 ~ rY ~'~ I /j ~~, ~> '.~ r ~. r,7. '~ p r CINDY BREHM, Plaintiff vs. WILLIAM C. BREHM, Defendant IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA . 96-4571 CIVIL TERM CIVIL ACTION - IN DIVORCE P R A 8 C I P S To the Prothonotary: Please enter my appearance as Attorney for Defendant in the above captioned Action. Respectfully submitted, le Road Camp Hill PA 17011 -0100 I.D. No. 32112 Attorney for Defendant DIANE G. RADGLIFF II ATTORNEY-AT-LAW 3M0 TRINDLE AOAD CAMP HILL, PA 17011 1 b YnO x, .i z G~ ~•~~ `O~ ~p~K r o ~ a. C'~ `ar., ~' C~' T+J ry ~`~- ~ 3 ~i ¢~~~ ~ A" ~~' N ~ `~ CINDY BREHM, IN THE COURT OF COMMON PLEAS OR Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 96-4571 CIVIL TERM WILLIAM C. BREHM, Defendant CIVIL ACTION - IN DIVORCE P R A E C I P E To the PiothonotaLy: Please withdraw my appearance as Attorney for Defendant in the above captioned Action. tted, ~. v. i +... a~,vva~u, u.~yt~ia~u Supzeme Ct. I.D. # 55694 26 west High Stzeet Carlisle, PA 17013 (717) 243-6222 Attorney foz Defendant ANE G. RADCLIFF ITORNEY-AT-LAW IM8 TRINDLE ROAD ;AMP H[LL, PA 17011 2 E, f J! O ~ ~ -a u Cr+~ rrnA rn~ ~C N ~ ) ~~ : mac z' ~ z~ '~ ; C~ c ~° .. ~ ~ ..~ CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE ORD13R AND NOW, this ~ day of I'ha.c~i 1997 , upon consideration of the within Petition, it is hereby ordered as follows: 1. A hearing is scheduled on the within Petition on the 10th day of April, 1997 at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania to be held simultaneously with the hearing that was previously scheduled on the Petition fox Special Relief filed by the Defendant on ox about February 13, 1997. The parties axe directed to appear at that time and place and give testimony on the issues presented in the within Petition. 2. Pending the final determination to be made by the Court at the foregoing hearing, the Plaintiff is directed to immediately return to the Defendant the antique oak roll top desk made by his Grandfather and owned by him premaritally and the antique dresses received from his Great-Great Grandmother, which items the Defendant may store at his DIANE G. RADCLIFF ATTORNEY-AT-LAW 3498 TRINDLE ROAD 1 CAMP HILL, PA 17011 ~ «> " O vL r >.. LLB,.: ;. C.' "~- LL~ G. I l _~ .d. ~ 2 LO !"" C"i ~ C.a mother's residence. Further both parties axe hereby enjoined from removing, transferring, conveying, dissipating, destroying ox otherwise disposing of any other items of property, both marital and non-marital. 3. Pending the hearing aforesaid the Plaintif 's direct not to h ss the Defenda n r to en into his bedroo in the arital esidenc and is ex enjoined from remov'nq th bedroom do n the future. BY THE COURT ~'/ J. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 2 CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND N01P, this day of March, 1997, comes Defendant, WILLIAM C. BREHM, III, by his attorney Diane G. Radcliff, Esquire, and files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is WILLIAM C. BREHM, III, an adult individual whose residence is 12 wood Drive, Carlisle, Pennsylvania. 2. Your Respondent is CINDY BREHM, an adult individual whose residence is 12 wood Drive, Carlisle, Pennsylvania. 3. The parties are husband and wife, having been married on October 19, 1980. 4. This action was commenced by the filing of a Complaint in Divorce on August 14, 1996 by the Plaintiff. The Complaint included a claim fox divorce as well as a claim fox equitable distribution of the parties' marital property. DIANE G. RADCLIFF II ATTORNEY-AT-LAW 3418 TRINDLE ROAD 1 CAMP HILL, PA 17011 5. During the course of the maxxiage the parties have acquired property, both real and personal, and they have been unable to agree as to an equitable division of said property. 6. Prior to the marriage or during the maxxiage the Defendant acquired property which is non-marital, including an antique oak roll top desk, which had been Defendant's pxemaritally having been made by his Grandfather and given to Defendant prior to the marriage and an antique dresser received from the Defendant's Great-Great Grandmother given to him by his Mother. 7. The aforementioned items of personalty had been located at the parties' marital residence located at 12 Wood Drive, Carlisle, Pennsylvania, until recently. 8. On ox about Febxuaxy 11, 1997 the Plaintiff filed a Protection from Abuse Action and procured a Temporary Order evicting the Defendant from the aforesaid marital residence. 9. On ox about Febxuaxy 24, 1997 following a hearing on the merits, the Protection from Abuse action was dismissed by the Honorable Edgar B. Bayley, Judge of the Court of Common Pleas, in and for Cumberland County, Pennsylvania and the Temporary Protection Order entered thereon vacated. 10. On ox about March 1, 1997 the Defendant returned to the marital residence. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 2 CAMP HILL, PA VOll 11. Upon the Defendant's return the Defendant discovered that the Plaintiff had removed from the marital residence the following items of personal property: a. Toolbox (large tool box on rollers) b. Snowblower c. Dishes d. Silverware e. Defendant's bedroom lamp f. Antique oak roll top desk made by Husband's Grandfather and owned by Husband premaxitally g. Antique dresser from Husband's Great-Great Grandmother given to Husband by Husband's Mother. 12. On ox about March 1, 1997 upon the Defendant's return to the marital residence the Plaintiff entered the Defendant's bedroom, rooted through his personal possessions, and amongst other things, removed from the Defendant's possession his employment parking pass. On that same date, the Plaintiff also attempted to remove from the Defendant's possession a tape recorder hitting in the groin and almost breaking his thumb in the process as she attempted to wrench the recorder from his grip, She further did damage several tapes owned by the Defendant in part by stomping on them. DIANE G. RADCLIFF II ATTORNEY-AT-LAW 3H8 TRINDLE ROAD 3 CAMP HILL, PA 17011 13. On ox about March 2, 1997 the Plaintiff in an attempt to gain entry into the Plaintiff's bedroom at the marital residence, took a hammer and struck the bedroom door with it causing a hole in the door. 14. On ox about March 4, 1997 the Plaintiff removed the bedroom door from the Defendant's bedroom just to harass him and cause him to fear fox his safety. 15. As a result of the actions of the Plaintiff aforesaid the Defendant has feared for his safety of his person and his belongings and has on several occasions been forced to stay at his mothers fox his protection and mental well being. 16. On or about February 13, 1997 the Defendant had previously filed a Petition for Special Relief due to the Plaintiff's removal from the marital residence of the Defendant's laptop computer, papers, journals, books, and other personal property on February 6, 1997 which Petition fox Special Relief by this Honorable Court for April 10. 1997 at 10:30 a.m. in Court Room Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. DIANE G. RADCLIFF ATTORNEY-AT-LAW 9418 'I'RINDLE ROAD 4 CAMP HILL, PA 17011 17. The Defendant believes and therefore avers that the Plaintiff intends to continue to harass him so as to convince him to leave the marital residence thereby giving her exclusive possession thereof, which she was unable to achieve through her unfounded protection from abuse action. 18. Defendant believes that the Plaintiff either sell or destroy the foregoing items of property, both marital and premarital, as well as other items of marital property and therefore requires this Court's equitable intervention. WHEREFORE, the Defendant requests this Honorable Court to enter an Order as follows: a. Requiring the Plaintiff to immediately return to the Defendant's possession, the antique oak roll top desk made by his Grandfather and antique dresser from his Great-Great Gzandmother and to permit the Defendant to remove the same from the marital residence and to store the same at his Mother's house. b. After full and complete hearing requiring the Plaintiff to return to the marital residence the toolbox, snowblower, dishes, silverware, bedroom lamp, parking pass and other items of marital property that have been previously removed by her from the marital residence. c. After full and complete hearing enjoining the Plaintiff from removing, transferring, conveying, dissipating, destroying, or otherwise disposing of any items of marital property that are subject to equitable distribution. d. After full and complete hearing enjoining the Plaintiff from having any contact with any items of the Defendant's personal property, including but not limited to, his laptop computer, business and personal books, papers, jewelry, clothing and the like. DIANE G. RADCLIFF II ATTORNEY-AT-LAW 9448 TRINDLE ROAD 5 CAMP HILL, PA 17011 e. Immediately and after full and complete hearing, permanently enjoining the Plaintiff from harassing the Defendant, entering his bedroom, or removing his bedroom door at the marital residence. f. In the alternative after full and complete hearing, evicting the Plaintiff from the marital residence and temporarily giving the Defendant the right of exclusive possession thereof. g. Entering such further relief as is equitable under the circumstances. h. Scheduling this matter for a hearing at the same date and time as the aforementioned Petition for Special Relief Respectfully submitted, s~~le Road PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Petitioner DIANE G. RADGLIFF ATTORNEY-AT-LAW 9M8 TR[NDLE ROAD fi CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a copy of the Petition fox Special Relief in the above captioned matter was served upon Mark C. Duffie, Esquire by placing a true and correct copy hereof in the United States mail, postage pre-paid, on the ~ ay of ~~/~ 1997 addressed as follows: ~1~,,,T~-'~-' Mark C. Duffie, Esquire 301 Market Street Lemoyne, PA 17043 DIANE G. RADCLIFF ATTORNEY-AT-LAW 3498 TRINDLE ROAD CAMP HILL, PA 170]1 1 DIANE G. RADCL ESQUIRE 8-'i`ri-n le Road PA 17011 (717) 737-0100 Attorney for Defendant I.D. No, 32112 VERIFICATION William C. Brehm, III verifies that the statements made in this Petitioner axe true and correct. William C. Brehm, III understands that false statements herein axe made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ / WILLIAM C. BREHM, III DIANE G. RADCLIFF ATTORNEI(-AT-LAW 3448 TAINDLE AOAD CAMP HILL, PA 17071 ~~ss~ c o aeu~ d ro mp xok~, ny a ' " ~ ~ o ~ F~ .. ~, c- .,, ~ J c , ~ ~ \`'~ rr , [ -'~ _'-n ."; _. ~ C' , ....] .~ L _' C-J ('~~'. as-. ".: Vj-J~ ~: --~ "rn 1~ c~ -< CINDY BREHM Plaintiff vs. WILLIAM C. BREHM, III Defendant IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, PENNSYLVANIA 1 NO. 96-4571 CIVIL TERM 1 1 DIVORCE/CUSTODY AND NOW this //~ day of ~ 1997, it being reported to the Conciliator that the parties still reside together, the Conciliator hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL L. BANGS Custody Conciliator cc: Mark C. Duffie, Esquire Diane G. Radcliff, Esquire to I;"d`pi'+~ASi~~N3d >l. ~' ~ ' r;j~or('~n ~,. ~ (}~/'Jl bib V ~ c~'~a L6 ~~1~~U''1j37f~ . oaessa-ooozonH.ron ze, iaa~nacoR~aie~~o~ ~ ~ r CINDY BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plainniff NO. 56.4571 CIVIL TERM v. GVIL ACTION -LAW WILLIAM C. BREHM, III, Dafandaryt IN DIVORCE pR.4EC/PE TO W/THORAW APP)FARANCE TO THE PROTHONOTARY: AND NOW, this 1~ day of , 1997, withdraw the appearance of the undersigned on behalf of the Plaintiff, CIND BREHM, in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~ L., ~ P\ rk C. Duffle Attorney I.D. No. 759 301 Market Street P. O. Sox 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff TO THE PROTHONOTARY: AND NOW, this 7 ~ day of 1997, enter the appearance of the undersigned on behalf of the Plaintiff, CINDY BREHM, in the above-captioned action. HANFT A VOHS ey: William C. Vohs, Esquire Attorney I. D. No. f 1 1 West Pomfret S rest, Suite 2 Carlisle, PA 17013 (717) 249-5373 ,. sr.,e ~` ~. y. ~fi'~ -o ~, C.., ~ ~' y, ,fir. ~~ ~ c .> Gr`" ~^' d~ {":f CINDY BREHM, V. Plaintiff WILLIAM C. BREBM, III Defendant IN T8E COURT OF CONNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-4571 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of April, 1997, this matter is concluded in accordance with the agreement of the parties as announced this day in open court and in their presence. Diana G. Radcliff, Esquire For William C. Brehm, III William C. Vohs, Esquire For Cindy Brehm By the Court, ~~ Revi A. Bess, J. ~~. mal t~iti~tA~,lSNN3d iU~~i~~ ! I daYL6 J,ijHlOlvU~s~u~Ci :,Y;1 ~0 CINDY SRSHM, IN TH8 COIIRT OF CONNON PLEAS OF Plaintiff CUMBERLAND CODNTY, PENNSYLVANIA V. 96-4571 CIVIL TERM CIVIL ACTION - LAW WILLIAM C. BRSHM, III, Defendant IN DIVORCB IN RS: TRANSCRIPT OF PROC88DINGS Proceedings held before the Honorable RSVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Penasylvaaia, on Thursday, April 10, 1997, in Courtroom Number Four. APPEARANCES: William C. Vohs, Esquire For the Plaintiff Diane Radcliff, Esquire For the Defendant 1 MS. RADCLIFF: Good morning, Your Honor. 2 THS COURT: Good morning. 3 MR. VOHS: Good morning. 4 MS. RADCLIFF: I'm pleased to announce, Your 5 Honoz, that in this matter of Brehm versus Brehm the parties 6 have, in fact, reached an agreement, which I would like to 7 announce to the Court. 8 THE COURT: All right. Aad then I think what 9 I'll do is simply enter a one sentence order that the matter 10 is either continued or concluded in accordance with the it agreement as announced in open court, and we'll leave it at 12 that. 13 MS. RADCLIFF: That'a fine. 14 TH8 COURT: All right. 15 MS. RADCLIFF: Item number one, the wife is 16 to glue husband a key to the marital residence, and 17 thereafter neither party shall exclude the other from the 18 marital residence located at 12 Wood Lana, Carlisle, 19 Penasylvaaia. 20 Item number 2, husband is to be given sole 21 right of possession of the upataira bedroom for hie private 22 use. Wife shall not enter that bedroom or go through his 23 personal belongings that are contained therein nor remove 24 any of the doors from the bedroom. 25 Item number 3, wife shall be given the 2 1 1 exclusive right of use of the living room is the marital 2 residence for her private use. Husband shall not eater the 3 living room or go through her personal belongings contained 4 therein or remove anything that would prevent her from 5 having Chat as her private apace. 6 Item number 4, neither party shall harass the 7 other during the period of their cohabitation or have any 8 physical contact with the other. 9 Item number 5, all personal property 10 previously removed by either party shall ba returned to the it marital residence within 15 days? 12 MR. VOHS: That's fine. 13 MS. RADCLIFF: Fifteen days of today'a date. 14 Thereafter husband shall be permitted to remove the roll top 15 desk that had belonged to him premaritally. He can take it 16 to h1s mother's house or aaywhera else that he desires. All 17 other property is to stay in the marital residence, and 18 neither party may convey, transfer, remove, encumber or 19 otherwise dissipate that marital property. 20 Item number 6, wife shall not touch, 21 interfere, destroy or remove husband's lap top computer. 22 Item number 7, husband shall not touch, 23 destroy, interfere with or remove the desk top computer that 24 had bees utilized by wife. 25 Item number 8, neither party shall hereafter 3 1 do any further demolition, remodeling or construction work 2 oa the marital home without the written conseat of the other 3 party. 4 Item number 9, the parties shall cooperate 5 with each other in makiag arrangements so that each party 6 has adequate, separate time with their eon, William Srehm, 7 and that with respect thereto the parties agree that each 8 shall have the right of custody of the child oa alternating 9 weekends with the first weekend for April 12th being for the 10 husband, and that's the end of the agreemeat. 11 THE COURT: Okay. Anythiag you want to add? 12 MR. VOH3: No, Your Honor. we would suggest 13 that with this agreement the issues raised in the two 14 petitions for special relief are resolved, and there's no 15 need to contiaue this generally. 16 THE COURT: All right. So we'll simply 17 conclude the matter. 18 ffiS. RADCLIFF: That's fiae, Your Honor. 19 THE COURT: All right. Well, it certainly 20 sounds like the parties have reached an agreement which is 21 certainly more thorough, and perhaps more acceptable than 22 anything I could have imposed. We'll eater this order: 23 AND NOW, this 10th day of April, 1997, this 24 matter is concluded in accordance with the agreement of the 25 parties as announced this date in open court aad in their 4 1 presence. 2 TH8 COURT: Aaything else? 3 M3. RADCLIFF: That's everything. Thank you, 4 Your Honor. 5 (Whereupon, the proceedings concluded at 10:50 a.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 z2 23 24 25 5 CERTIFICATION I hereby certify that the proceedings are contained ichele A. Lippy Official Court Reporter The foregoing record of the proceedings on the hearing fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. of the within matter is hereby approved and directed to be filed. Dat i r~/~ Rev' A. Hess, J. 6 r; ti n T c r I - ~ ~ 4.~ ~~.... , '::~ tt _'Yl {Il -`~ Cj r _ _~ J i 's ~l i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE G RADCLIFF ATTORNEY-AT-LAW H18 TRINDLE ROAD CAMP HILL. PA 17011 CINDY BREHM, Plaintiff NO. 96-4571 V. CIVIL ACTION - LAW IN CUSTODY WILLIAM C. BREHM, III, Defendant PETITION FOR CUBTODT AND NOW, this ~~day of , 19~, comes the Petitioner/Defendant, William C. Brehm, III, by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Petition for Custody whereof the following is a statement: 1. Your Petitioner/Defendant is WILLIAM C. BREHM,III, an adult individual whose residence ie 39 Parsonage Street, Newville, Pennsylvania 17241. 2. Your Respondent/Plaintiff is CINDY BREHM, an adult individual whose residence is 12 Wood Lane, Carlisle, Pennsylvania 17013. 3. The Parties are the parents of one minor child as follows: NAME SEX D.O.B. PLACE OF RESIDENCE WILLIAM BREHM Male 10/24/85 12 Wood Lane, Carlisle, PA 4. in the past five years, the child has resided with the parties at 12 Wood Lane, Carlisle, Pennsylvania 17013, until February 1997 to the present, when he has resided at the above address with the Respondent 5. The Petitioner/Defendant has not participated as a party, witness, or in any other capacity, or in any other litigation concerning the custody of the same tried in this or any other state, with the exception of custody proceedings initiated by the Respondent/Plaintiff in the above captioned matter which were dismissed due to the fact that the parties had been living together. 6. The Petitioner/Defendant has no information of any custody proceedings concerning the child, currently pending in this or any other state. 7. The Petitioner/Defendant does not know of any person not a party to these proceedings who has physical custody of the child or claims to have custody of the child or visitation rights. 8. The best interest of the child would be served by granting the Petitioner/Defendant primary custody because: (a) The Respondent/Plaintiff is unstable and has demonstrated herself to be an inappropriate parent by using disparaging comments pertaining to the Petitioner/Defendant to the child. (b) The Petitioner/Defendant believes the Respondent/Plaintiff suffers from mental IIANE G. RADCLIFF II ATTORNEY-AT-LAW illnesses. !NB TRINDLE ROAD CAMP HILL, PA 17011 h ~~ (c) The Respondent/Plaintiff lives at an improper environment for the child and has agreed and acknowledged that the home is in an unlivable condition and she has failed to commence, pay for or finish repairs during the course of the marriage to the present date to make the home suitable for the Child. (d) The Petitioner/Defendant can provide a stable, loving, and suitable home environment for the Child. 11SERElOR1S, the Petitioner/Defendant requests this Honorable Court to enter an order granting him primary custody of the Child subject to liberal partial custody rights with the Respondent/Plaintiff, Cindy Brehm. Respectfully submitted, D~ie~~DCLIFF, ESQUIRE \ 3 e Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Petitioner/Defendant ANE G. RADCLIFF CTORNEY-AT•LAW 4l8 TRINDLE ROAD TAMP HILL, PA 170!1 3 i WILLIAM C. BREHM verifies that the statements made in this Petition are true and correct. WILLIAM C. BREHM understands that false statements herein are made subject to the. penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. NE G. RADCLIFF TORPIEY-AT-LAW 18 TRTNDLE ROAD MP HILL, PA 17011 Date : S?1a ~ l 1°~ X11 William C. Brehm ,~ k 1 r 1 l i d b ~~~ x ~ ~ b r ~~ ~~' r ~66~ S Q ~,t(W -o czr ~. ~z{^; ~ ~; co r G; y. ~~ * C.~nc\y Qf el-,m Plaintiff V * ~~I1~am C. Q~hm,.~ Defendant :IN THE COURT OF COMMON PLEAS OF CUFSBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. y51 1 CIVIL I9g6 :CUSTODY/VISITATION ORDER OF COIIRT AND NOW, this (date) , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before _ ., the conciliator, at 30a \, 1 R~'` S~. ~ "L on the ~~day of one • , 1 ~'-~ , at (~', M:, of r a Preheating Custody Conference. At such con erence, an effort will be made to resolve the issues in dispute; or if this cannot 6e accomplished, to define and narrow the issues to be heard•by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ')12ar~~Q~.~m~ Custody Conci iato Ctia.) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINIST. COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (7I 7)240-6200 ~~- ~-s~ ~-~ `~~ s,~~'~' t~AidAllS;~N3d ~ lq~~`r^.,t~ r 1 ~ tt ~~~~A~~J ~~ ~OC €a~ 6 f t~'~i^3 L6 .lka~lCiiJ~$iLU~la .^'.: ~'CJ ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff V. WILLIAM C. BREHM, III, Defendant NO. 96-4571 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~~sy of , 1997, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify hat I have this day served a copy of the within Petition for Custody in the above captioned matter to William Vohs, Esquire, attorney for the Plaintiff/Respondent by mailing the same by first class mail, postage prepaid, addressed as follows: William Vohs, Esquire it West Pomfret Street Carlisle, PA 17013 I DIANE G. RADCLIFF ATTORNEY-AT-LAW 3M8 17tINDLE ROAD CAMP HILL, PA 19011 \Respectfull s 'tted, '1 - DI F ESQL m Hi , PA 17011 (71 ) 737-0100 I.D. No. 32112 Attorney for Petitioner/Defendant c ~ + -o:~:: xr mrD -c -~~~ ~~ N ag ,~ ~, _ 1~-r, ~ ~ y~' --~ b ~ ~~ ~ C7T - ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, : Plaintiff : s v. s No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III, : CIVIL ACTION-LAW Defendant : TN DIVORCE PgTITION TO DBFBNDANT'S COllNSBL FOR LSAV$ TO WITHDRAAAL AND NOW, comes William C. Vohs, Esquire of Hanft & Vohs, to petition this Honorable Court for Leave to Withdrawal as counsel for the Plaintiff, and respectfully represents: 1. Petitioner, William C. Vohs, of the law firm of Hanft & Vohs is the attorney of record for Plaintiff, Cindy Brehm. 2. The Plaintiff has been unreasonably difficult during the representation and differences have subsequently developed between Petitioner and Plaintiff with respect to the manner in which the case should be handled. 3. Representation of Plaintiff has been rendered unreasonably difficult by the Plaintiff, and good cause exists therefore under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioners withdrawal. 4. The Petitioner has given the Plaintiff reasonable warning that the Petitioner intended to withdrawal. w+ar 1 5. Withdrawal of counsel can be accomplished without material adverse effect to the interest of Defendant. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdrawal his appearance for Plaintiff in this action. Date : 5 Iz~1'`11 Respectfully submitted, HANFT & VOHS ~~~ ~~,~ William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 -. C$RTIPICATE OF SERVICE I William C. Vohs, Enquire, certify that on May 29, 1997, I served a true and correct copy of the within Petition for Leave to Withdrawal on the below-named parties, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Cindy Brehm 247 South Spring Garden Street, Suite 240 Carlisle, PA 17013 Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date : 5 IL~`~~ ~~~ William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 ~ V ,~.. N A ~ J~ F w V m = ~ ~ a D r ~ s ~ r D Z ~ ~ N a D ~ < O ~ N ~ o C Ni m N ~, - ~ n z o H z tt~~ ~ "~ y ty ~ C ~ ~ rn ~' ~°z ~ ~ ~~ ~ ~~ a ~ " ~~ ~b w~ n' ~ . ~ C cry ~ ~ ., h ,~ r ~ ko ~ y H H ~ ~ ro~ [ sj~~, ~ ~ ~y rJ ~ ~ ~ j , "4 r r n z ~' ~~ ~ O C.~ J i 1 ._ ~ _,_ „~ ` ~" ,~ ..~.a i0 T ~_ - . N }l7 ,J m ~-~ U ~ ' ~'~~ ~. .~r a ~,,~ I' J U N^ 2 1997f~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III, CIVIL ACTION-LAW Defendant IN DIVORCE RULB TO 8$ON CAUBE AND NOW, this Z''~ day of ~1er,r , 1997, a Rule is hereby issued against all parties to show cause, if any exists, why the Petitioner's motion for Leave to Withdrawal should not be granted. Rule returnable 2e days from the date of service. BY THE COURT, ~. cwamoa~nrvaiceaxmo1.uwn,mm..w.eer ~o 25,E °a ~ ~h141I,~.SNN?d ~+r~ ~ ~h ed G- ti(II' ~~ l~h~r'~ '~.v~ ~. ~ ~ ~ ~, i~ ~~J ~~IJ:~O-~dl d Q CINDY BREHM, Plaintiff vs. WILLIAM C. BREHM, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.96-4571 CIVIL TERM CIVIL ACTION -LAW DIVORCE/CUSTODY AND NOW,this /~ ~ day of _ ~~ , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have reached a temporary agreement, which agreement was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, William Brehm, d.o.b. October 24, 1995. 2. During the summer months, the parties shall share custody of the child on a week-on, week-off basis beginning on Sunday at 8:00 p.m. This week-on, week-off schedule shall commence on Sunday, June 29, 1997, at which time Father shall pick up the child to commence his week of custody. Mother shall then pick up the child on the following Sunday, July 6, 1997, to commence her week of custody with the child. This schedule will continue for the remainder of the summer and will terminate so that the child is back in the Mother's custody on August 24, 1997, to be ready for school which will commence on August 26, ~% 1497. ~~ ~~ ~c~3~~~1q s~,nr ~~ ~~~ ~~ ~ ~~ .: 3. During the school year, and until such time as the parties agree otherwise, Mother shall have primary custody of the child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends beginning on Friday at 5:15 p.m. at which time Father shall pick up the child from the day care provider until Sunday at 7:00 p.m. at which time Father shall return the child to Mother's residence. This altemating schedule shall coincide with Father's weekends off from work. B. Father shall be entitled to one over night during the week which will coincide with his days off such that he will pick up the child from school on his day off and have the child overnight. He will then return the child the next day to school. He shall provide Mother with his schedule showing his day off one month in advance so that Mother may notify her day care provider. 4. Father acknowledges that he will, prior to having the child stay with him over night, obtain a separate bed for him. 5. The parties agree that they shall participate in a custody evaluation to be performed by Arnold Shienvold, Ph.D. The parties shall shaze the costs related to this evaluation with Father paying 59% and Mother paying 41 %. Upon the completion of the evaluation, if the parties cannot agree, either party may petition for another conciliation. BY THE COURT, J. Thomas D. Gould, Esquire _ .,,k~~~1~8/9~. Diane G. Radcliff, Esquire ~ ~,. mlb CINDY BREHM, Plaintiff vs. WILLIAM C. BREHM, III, Defendant JUDGE PREVIOUSLY ASSIGNED: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.96-4571 CIVIL TERM CIVIL ACTION -LAW DIVORCE/CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(aze) the subject of this litigation is as follows: 1`1~$ BIRTHDATE CURRENTLY IN CUSTODY OF William Brehm October 24, 1985 Plaintiff and Defendant 2. A Conciliation Conference was held on June 26, 1997, and the following individuals were present: the Plaintiff and her attorney, Thomas D. Gould, Esquire; the Defendant appeared with his attorney, Diane G. Radcliff, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff s position on custody is as follows: Plainitff suggested that the child should remain with her because she has been the nurturing pazent and that the child has been with her primarily. She also indicated that she has some questions about the Father's fitness, particulazly his psychological state and she claims that she has some questions about his sexuality. She alleges that he is across-dresser and has exhibited inappropriate sexual conduct generally. She also indicates that he is subject to "tirades". 6. The Defendant's position on custody is as follows: Father wants primary custody of the child, but would agree to a joint shared arrangement. He believes that the Mother may have mental health problems. 7. Need for sepazate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: See attached Order. 9. Other matters or comments: The parties were unable to agree to an ultimate custody arrangement. However, they were able to agree to a summer schedule, although Mother agreed to it reluctantly. The parties further agree that they will have an evaluation performed by Dr. Shienvold. It should be noted that counsel and the Conciliator understand that Dr. Shienvold will not likely be able to complete the evaluation prior to the beginning of the school year, but it is important that Dr. Shienvold get it completed as quickly as possible given the fact that the schedule will impact the child's school year. Date: July 14, 1997 ~/ ~ y-ri4il~ Gi Michael L. Bangs Custody Conciliator MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET • CAMP HILL PA 17011 PHONE 717-730-7310 FAX 717-730-?374 July 14, 1997 Richard J. Pierce, Court Administrator Cumberland County Court House One Courthouse Square Cazlisle, PA 17013 RE: Brehm v. Brehm No. 96-4571 Dear Rick: No judge has been previously appointed in this matter, but I believe Judge Hess had a dealing with the parties in some other aspects of their domestic case. ery truly yours, Michael L. angs wsc Enclosures 'c `~ > a- C~t~ r- ROXANNE BALKOVIC, Plaintiff vs. KENNETH J. BALKOVIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 96-4561 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR RECONSIDERATION AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion for Reconsideration: 1 through 8. Admitted. 9. Denied. Defendant agrees that the Court mistakenly included sums from the sale of a lot which do not exist and are not available for equitable distribution, but does not agree with the conclusions set out in Paragraph 9 of Plaintiff's Motion for Reconsideration. To the contrary, if there is an adjustment made in the funds to be distributed to Plaintiff, there must be a compensating adjustment made to the total value of the assets to be distributed and there must be an adjustment made in the manner in which Defendant is ordered to pay funds to Plaintiff. By way of further answer, Defendant incorporates herein the matters set out in the New Matter attached hereto. 10. Admitted. WHEREFORE, Defendant moves this Court to enter an order doing the following: A. Granting reconsideration of its Order of 27 June 2000; and 1 B. Vacating and setting aside entirely the Order of 27 June 2000; and C. Following a hearing or conference with counsel, determine what changes need to be made to the Decision and Order which were entered on 27 June 2000; and D. Enter an appropriate order on all economic claims; and E. Such other matters as the Court deems necessary or appropriate. 1 1. Because of the complexities of this case, it is likely that one or both of the parties may appeal whatever action this Court finally takes. 12. Even if neither party appeals, the assets in the case, and the distribution ordered by the Court, are complex and require great clarity to avoid future disputes. 13. As a result of the aforementioned, it is necessary that this Court not just modify the order it entered on 27 June 2000, but vacate and replace with a new Decision. A new decision is necessary so that the Court's intentions and instructions are clear to all parties so that future disputes and confusion can be avoided. 14. It is necessary that this Court formally grant reconsideration and formally vacate the Order and Decision entered on 27 June 2000 so that the parties will have an appeal period after a new Order and Decision are entered. WHEREFORE, Defendant moves this Court to enter an order doing the following: A. Granting reconsideration of its Order of 27 June 2000; and 2 B. Vacating and setting aside entirely the Order of 27 June 2000; and C. Following a hearing or conference with counsel, determine what changes need to be made to the Decision and Order which was entered on 27 June 2000; and D. Enter an appropriate order on all economic claims; and E. Such other matters as the Court deems necessary or appropriate. i~ Samue L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12`" Street Lemoyne, PA 17043 (717) 761-5361 3 COMMONWEALTH OF PENNSYLVANIA - SS.: COUNTY OF CUMBERLAND 1 SAMUEL L. ANDES, being duly sworn according to law, deposes and says that he is the attorney of record for the Defendant and that the facts set forth in the foregoing 1 document are true and correct to the best of his knowledge, information, and belief. Sa .Andes Sworn to and subscribed before me this /8'~ Day of ~UtY , 2000. NotaryTPublic LYNN LLD, Notary Public Lenwyrre Boro. Curnbertend Coun My Commkslon E~iras Aug.17, 4 r O x w w (,/) 17 ~ H ro w o m o r k ~ .r a { ~ x o x ~ ; y C c~ N r 9 ~ ~ ; £ z ~ O y ~ A ~i ~ (l C' C~ -. r_c` '= _ rY ~ ~ ~I - v ~ i , ' ~~a -t- .; t r, , ~ ~ ; ., " (wl ^< ~ ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff NO. 96-4571 CIVIL TERM V. CNIL ACTION -LAW WILLIAM C. BREHM, III, IN DIVORCE Defendant IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE ACOUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d~ OF THE DIVORCE CODE The parties to this action separated on August 16, 1996 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: 7 - I - o y WILLIAM C. BREHM, III, Plain if .t*kiY~.,f3~A e~t ~,sj~Ri O r ~~` ~'~ r ~ c~rs~ ~~~ a, ^a ~ ~~ =~ ~`~' ° c 7 _,. yy,., Q ~ ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff N0.96-4571 v. CIVIL ACTION -LAW WILLIAM C. BREHM, III, IN DIVORCE Defendant N TI E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of mamage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717)249-3166 "', , ', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff NO. 96-4571 v. CIVIL ACTION -LAW WILLIAM C. BREHM, III, IN DIVORCE Defendant ANSWER AND COUNTERCLAIM TO DNORCE COMPLAINT AND NOW, this ~D~day of , 2004, comes the Defendant, William C. Brehm, III, by his attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff s Complaint in Divorce as follows: ANSWER TO DIVORCE COMPLAINT PLAINTIFF'S COUNT I: DIVORCE 1. Admitted. 2. Admitted. It is admitted as of the date of filing. Defendant's current address is 156 Newville Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted with the further averment that Defendant has been advised of the availability of marriage counseling and that Defendant may have the right to request the Court to require the parties to participate in counseling. 7. Admitted. - 2 - S. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a decree of divorce to Plaintiff and Defendant. PLAINTIFF'S COUNT II: EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of this Answer are incorporated herein by reference as though set forth in full. 10. Admitted. 11. Admitted. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property. PLAINTIFF'S COUNT III: ALIMONY 12. Pazagraphs 1 through 11 of this Answer are incorporated herein as though set forth in full. 13. Denied. It is specifically denied that Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 14. Denied. It is specifically denied that Plaintiff requires reasonable support to adequately maintain herself in accordance with the standazd of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's request for the entry of an award for alimony in her favor. PLAINTIFF'S COUNT IV: ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 15. Paragraphs 1 through 14 of the Answer are incorporated herein by reference as though set forth in full. 16. Admitted. 17. Denied. It is specifically denied that Plaintiff has employed counsel, but is unemployed and, as a result, is unable to pay the necessary and reasonable attorney's fees for said counsel. - 3 - 18. Denied. It is specifically denied that Plaintiff is unable to sustain herself during the course of this litigation. 19. Denied. It is specifically denied that Plaintiff is entitled to any money from Defendant. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff s request for the entry of an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. PLAINTIFF'S COUNT V: CUSTODY 20. Paragraphs 1 through 19 of this Answer are hereby incorporated herein by referenced as though set forth in full. 21. N/A. The child is now 18. 22. N/A. The child is now 18. 23. N/A. The child is now 18. 24. N/A. The child is now 18. 25. N/A. The child is now 18. 26. N/A. The child is now 18. 27. N/A. The child is now 18. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff s claim for custody. DEFENDANT'S COUNTERCLAIM DEFENDANT'S COUNT I DIVORCE 1. Paragraphs 1 through 27 of this Answer are hereby incorporated herein by referenced as though set forth in full. - 4 - Defendant avers that the grounds on which the action and this claim for divorce are based are that: a. Section 3301(cl Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(dl Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart and have lived separate and apart since August 16, 1996, a period in excess oftwo years, and concurrently herewith Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, Phone: (717)737-0100 Fax: (717)975-0697 Attorney for Defendant Date: July 6, 2004 - 5 - Supreme Court ID #32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~< _ WILLIAM C. B M, III Date: ~ " ~ ` ~ `t D .y '~° .C ~ ... 'f5l . W':- ~, er ~ ~~ ~~: ~ ~ ~; ' ' ~ - - -' ~ -r ~' :-c ..1 IN THE. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM No. 96-4571 Plaintiff v. CIVIL ACTION -LAW WILLIAM C. BREHM, tll, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, the undersigned, being duly sworn/affirmed according to law, deposes and says: 1. I am over 18 years of age and am not related to either party to this action. 2. I served a true and correct copy of the Answer and Counterclaim to the Divorce Complaint and Defendant's 3301(d) Affidavit, properly endorsed with a Notice to Plead, upon the Plaintiff, Cindy Brehm„ on 7•~'' Ot' by the manner checked below: [~ a. Handing a copy to Plaintiff at /2 (ivo~0 L,~.~! e.4.[G,/~ [ ] b. Handing a copy to , an adult member of the family with whom the Plaintiff resides at Plaintiff's residence located at or if that person is not a member of Plaintiff's family, then said person is the adult person in charge of Plaintiff's said residence; [ ] c. Handing a copy to , at , said person being the Plaintiff's agent or to the person for the time being in charge of Plaintiff's office or ususal place of business l ~ ted~at~ (Signatur J QtC~~tio 1<jZ.~,7~z.~'i~- (Printed name) Sworn to and subscribed before me a Notary Public in and for Cumbec~i Cgg~~tyy, Pen Sylvania tnis ~C? day ot~],u , 20 6`~. NOTARIAL SEAL LOUIS J. LORE, Notary Public y Camp Hil! Bono, Cumberland County MY Commission Expires April 14, 2007 NOTARY PUBLIC n c. r ~ - ate} , w ~~,~;?, i" ~ 2 > '; `= r r , , F - ~' , ~_ .~ :' c.~ ~ ~ STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.68732 10 WEST H[GH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CINDY BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW WILLIAM C. BREHM, III, : NO.96-4571 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was fled in this matter on or about August 14,1996. 2. The marriage of plaintiff and defendant is irretrievablybroken and more than ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divon:e after service of notice of intention to request entry of the divorce. I verifythat the statements made in this affidavit are true and correct. I tlndentand that false statements herein made are subject to the penahies of 18 Pa. G S. Section 4904 relating to unswom falsification to authorities. August o2 , 2006 ~ CIND BREHM 1 `._ S r..~ STACY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241436 ATTORNEY FOR PLAINTIFF CINDY BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW WILLIAM C. BREHM, III, : NO.96-4571 CIVIL TERM Defendant : IN DIVORCE W iVR1R OF NOTI .. OF INTENTION TO RF.O ECT ENTRY OF A DIVORCE. DECREE UNDER SECTION 3301(Cl OF THE DiVORGF CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, law}~el's fees or expenses if I do not claim them before a divolce is granted. 3. I understand that I will not be divorced until a divorce decree is entered bythe Court and that a copy of the decree will be sent to Ille immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and cotrea. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~~ e2 0 O d Cindy rellm r- ' ~~ ._I _5-. ~,U 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff N0. 9b-4571 CIVIL TERM V. WILLIAM C. BREHM, III, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: "1~3~ ~oLP i WILLIAM C. BR , -a r~ t~- .`~ i P-~ .. ,'i _, =< ~. 4.• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff V. WILLIAM C. BREHM, III, Defendant N0. 96-4571 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: '~/~~~~~ i~'~ ii ~ u/ _ IL .BREHM, J ~-.~ - ~ Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY BREHM, Plaintiff V. WILLIAM C. BREHM, IIl, Defendant N0. 96-4571 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE STIPULATION T AND NOW, this~_ day of , 2006, the parties, Cindy Brehm and William C. Brehm, III, hereby stipulate a agree as follows: 1. All economic claims that have been or could be raised in the above captioned divorce including, but not limited to, equitable distribution, Alimony, APL, Counsel Fees and Costs are hereby waived. 2. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 3. The parties acknowledge that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, and further disclosure is not necessary to effectuate this waiver. The parties waive any further disclosure between them. 4. Each party agrees to accept and be bound by facsimile signatures hereto. 1 5. The parties authorize the Court to enter an order incorporating the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. lane G. Rad iff, Esquire Dated: ~ ~ Stacy B. Wolf L~ (SEAL) William C. Brehm, III Dated: 7~d'~ ~aC~ (SEAL) Cindy Bra m Dated: ~ a o ~ 2 Dated: ~~~ (~~ r ~ ` V Y 1 ~n )': .. ~_ 1 .J ~_f STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.86732 10 WFST HIGH STREET CARLISLE PA 17013 (717) TAI-4436 ATTORNEY POR PLAINTIPF CINDY BREHM, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WILLIAM C. BREHM, III, Defendant To the Prothonotary: N0.96-4571 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following infornlation, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 30, 1996, defendant was served with a copy of the divorce complaint via certified mail 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: Bythe plaintiff: August 2, 2006. Bythe defendant: July 31, 2006. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to uaosmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: August 2, 2006. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 2, 2006. August ~ 2006 ~~ STAGY B. WO Attorney fot Plaintiff c 0 °- ~' rm C.. . c'~ .,~ , ~ ~ ~ 4'~' N = 2-~: C,.._ - .-p C 7 --- ==r ~:..: l~ ~ .~~~ '3~' C ~ J-d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~ "~ Cindy Brehm N o . 1996 VERSUS William G Brehm, III DECREE IN DIVORCE 4571 AND NOW, /2.._.Gs... ~~ ZOOf' IT IS ORDERED AND Cindy Brehm DECREED THAT PLAINTIFF, William G Brehm, III AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH1S ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; iLOI1C E A r_ ~~ ~~ ~ d >,~. ~ - d e r ,,'~.;. ,,. S ~ ~` r ;1•:~ CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW , thi s ~ day o f `'~'Y1 ~.c.~ 19 9 7 , upon consideration of the within Petition, it is hereby ordered as follows: 1. A hearing is scheduled on the within Petition on the 10th day of April, 1997 at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania to be held simultaneously with the hearing that was previously scheduled on the Petition for Special Relief filed by the Defendant on or about February 13, 1997. The parties are directed to dppedr at that time and place and give testimony on the issues presented in the within Petition. 2. Pending the final determination to be made by the Court at the foregoing hearing, the Plaintiff is directed to immediately return to the Defendant the antique oak roll top desk made by his Grandfather and owned by him premaritally and the antique dresser received from his Great-Great Grandmother, which items the Defendant may store at his 1 mother's residence. Further both parties are hereby enjoined from removing, transferring, conveying, dissipating, destroying or otherwise disposing of any other items of property, both marital and non-marital. 3. Pending the hearing aforesaid Plaintiff is di ected not to crass the Defendant r to ent into hi bed oom in the marital r es ' ence and s f ur ther enj o ed om removi e bedroom door in the future. BY THE COURT J. TRUE CaPY FROM RECORD In Testrnony w, hereof, ! hore unto s?t my hand and tha seal of said Court at Carlisle, Pa. This ...°T'~' day of.....'7"J.'J.u~.: ~, 19..x.7 ..........:.. .,.,..,.. ..,..... .......Prothonotary ~. DIANE G. RADCLIFF ATTORNEY-AT-LAW 8448 TRINDLE ROAD 2 CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4571 CIVIL ~-> :~ TERM;--: -_ _, WILLIAM C . BREHM, III CIVIL ACTION - LAW ri"" ~ ~ .~'T ` ~ ._._.~ ~ , ~ Defendant IN DIVORCE ~ ~ _. ~ ~~ - _ ~ ~ ,' i~n y' .. ~-i ~> .. ~ J - -, ~ ~ PETITION FOR SPECIAL RELIEF -~ -" AND NOW, thisZ ~ay of March, 1997, comes Defendant, WILLIAM C. BREHM, III, by his attorney Diane G. Radcliff, Esquire, and files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is WILLIAM C. BREHM, III, an adult individual whose residence is 12 wood Drive, Carlisle, Pennsylvania. 2. Your Respondent is CINDY BREHM, an adult individual whose residence is 12 Wood Drive, Carlisle, Pennsylvania. 3. The parties are husband and wife, having been married on October 19, 1980. 4. This action was commenced by the filing of a Complaint in Divorce on August 14, 1996 by the Plaintiff. The Complaint included a claim for divorce as well as a claim for equitable distribution of the parties' marital property. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 1 CAMP HILL, PA 17011 5. During the course of the marriage the parties have acquired property , both real and personal , and they have been unable to agree as to an equitable division of said property. 6. Prior to the marriage or during the marriage the Defendant acquired property which is non-marital, including an antique oak roll top desk, which had been Defendant's premaritally having been made by his Grandfather and given to Defendant prior to the marriage and an antique dresser received from the Defendant's Great-Great Grandmother given to him by his Mother. 7. The aforementioned items of personalty had been located at the parties' marital residence located at 12 wood Drive, Carlisle, Pennsylvania, until recently. 8. On or about February 11, 1997 the Plaintiff filed a Protection from Abuse Action and procured a Temporary Order evicting the Defendant from the aforesaid marital residence. 9. On or about February 24, 1997 following a hearing on the merits, the Protection from Abuse action was dismissed by the Honorable Edgar B. Bayley, Judge of the Court of Common Pleas, in and for Cumberland County, Pennsylvania and the Temporary Protection Order entered thereon vacated. 10. On or about March 1, 1997 the Defendant returned to the marital residence. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 2 CAMP HILL, PA 17011 11. Upon the Defendant's return the Defendant discovered that the Plaintiff had removed from the marital residence the following items of personal property: a. Toolbox (large tool box on rollers) b. Snowblower c. Dishes d. Silverware e. Defendant's bedroom lamp f. Antique oak roll top desk made by Husband's Grandfather and owned by Husband premaritally g. Antique dresser from Husband's Great-Great Grandmother given to Husband by Husband's Mother. 12. On or about March 1, 1997 upon the Defendant's return to the marital residence the Plaintiff entered the Defendant's bedroom, rooted through his personal possessions, and amongst other things, removed from the Defendant's possession his employmer_t p~•.rkinq pass. On that same date, the Plaintiff also attempted to remove from the Defendant's possession a tape recorder hitting in the groin and almost breaking his thumb in the process as she attempted to wrench the recorder from his grip. She further did damage several tapes owned by the Defendant in part by stomping on them. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 3 CAMP HILL, PA 17011 13. On or about March 2, 1997 the Plaintiff in an attempt to gain entry into the Plaintiff's bedroom at the marital residence, took a hammer and struck the bedroom door with it causing a hole in the door. 14. On or about March 4, 1997 the Plaintiff removed the bedroom door from the Defendant's bedroom just to harass him and cause him to fear for his safety. 15. As a result of the actions of the Plaintiff aforesaid the Defendant has feared for his safety of his person and his belongings and has on several occasions been forced to stay at his mothers for his protection and mental well being. 16. On or about February 13, 1997 the Defendant had previously filed a Petition for Special Relief due to the Plaintiff's removal from the marital residence of the Defendant's laptop comL.uter, pa~aers, journals, books, and other personal property on February 6, 1997 which Petition for Special Relief by this Honorable Court for April 10. 1997 at 10:30 a.m. in Court Room Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. DIANE G. RADCLIFF ATTORNEY-AT-LAW 4 3448 TRINDLE ROAD CAMP HILL, PA 17011 17 . The Defendant believes and therefore avers that the Plaintiff intends to continue to harass him so as to convince him to leave the marital residence thereby giving her exclusive possession thereof, which she was unable to achieve through her unfounded protection from abuse action. 18. Defendant believes that the Plaintiff either sell or destroy the foregoing items of property, both marital and premarital, as well as other items of marital property and therefore requires this Court's equitable intervention. WHEREFORE, the Defendant requests this Honorable Court to enter an Order as follows: a. Requiring the Plaintiff to immediately return to the Defendant's possession, the antique oak roll top desk made by his Grandfather and antique dresser from his Great-Great Grandmother and to permit the Defendant to remove the same from the marital residence and to store the same at his Mother's house. b. After full and complete hearing requiring the Plaintiff to return to tY~e marital residence the toolbox, snowbl~~~er; ct.ishes, silverware, bedroom lamp, parking pass and other items of marital property that have been previously removed by her from the marital residence. c. After full and complete hearing enjoining the Plaintiff from removing, transferring, conveying, dissipating, destroying, or otherwise disposing of any items of marital property that are subject to equitable distribution. d. After full and complete hearing enjoining the Plaintiff from having any contact with any items of the Defendant's personal property, including but not limited to, his laptop computer, business and personal books, papers, jewelry, clothing and the like. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 5 CAMP HILL, PA 17011 e . Immediately and after full and complete hearing, permanently enjoining the Plaintiff from harassing the Defendant, entering his bedroom, or removing his bedroom door at the marital residence. f. In the alternative after full and complete hearing, evicting the Plaintiff from the marital residence and temporarily giving the Defendant the right of exclusive possession thereof. g. Entering such further relief as is equitable under the circumstances. h. Scheduling this matter for a hearing at the same date and time as the aforementioned Petition for Special Relief Respectfully submitted, 6~N~ G . D~'L~E$, ESQUIRE 3-r±= 8 '~'~~. e Road PA 17 011 (717) 737-0100 I.D. NO. 32112 Attorney for Petitioner DIANE G. RADCLIFF ATTORNEY-AT-LAW 6 3448 TRINDLE ROAD CAMP HILL, PA 17011 VERIFICATION William C. Brehm, III verifies that the statements made in this Petitioner are true and correct. William C. Brehm, III understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. WILLIAM C. BREHM, III DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a copy of the Petition for Special Relief in the above captioned matter was served upon Mark C. Duffie, Esquire by placing a true and correct copy thereof in the United States mail, postage pre-paid, on the ~ day of ~~--- 1997 addressed as follows: Mark C. Duffie, Esquire 301 Market Street Lemoyne, PA 17043 DIANE G. RADCL~ E QUIRE le Road PA 17 011 {717) 737-0100 Attorney for Defendant I.D: No. 32112 DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD GAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 ORDER AND NOW, this ~ day of ~'? cUI,c~J 1997 , upon consideration of the within Petition, it is hereby ordered as follows: 1. A hearing is scheduled on the within Petition on the 10th day of April, 1997 at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania to be held simultaneously with the hearing that was previously scheduled on the Petition for Special Relief filed by the Defendant on or about F?bruary 13, 1997. The parties are directed to appear at tYlat time and place and give testimony on the issues presented in the within Petition. 2. Pending the final determination to be made by the Court at the foregoing hearing, the Plaintiff is directed to immediately return to the Defendant the antique oak roll top desk made by his Grandfather and owned by him premaritally and the antique dresser received from his Great-Great Grandmother, which items the Defendant may store at his 1 mother's residence. Further both parties are hereby enjoined from removing, transferring, conveying, dissipating, destroying or otherwise disposing of any other items of property, both marital and non-marital. Pending the hear'ng aforesaid the Pla' i f is direc ed not to haras the Defe dant nor to e er into his bedroo in the ma al residence an is fur er enjoined from removing the bedroom door in the future. BY THE COURT ~s / ~ a .. , J. TR1JE COPY FROM RECORD In Trstimony whereof, ! h~3re unto set my hand and the seal of said Court at Carlisle, Pa. .....'.7.:'.~'.... day of.... ~',Yja~. This .......~ 19...9...?. • • ... .. .. ......... ••.••t.•. ••~•..... ~~NI ~ ,Prothonotary DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 2 CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96 -4571 CIVIL TERM ._. ,~ ~ ` ~7 _ _~ :, WILLIAM C. BREHM, III CIVIL ACTION - LAW - V ~1-~.-~ Defendant IN DIVORCE ~y ~ ~" 3 ~`~ -~, - a _,.i ~ ~ . - -r~ '~ ~ .. C~ ~~1 "_: -' :~:~ ~ =i PETITION FOR SPECIAL RELIEF :.,~ ~ -~ -~ AND NOW, this ~ ciay of March, 1997, comes Defendant, WILLIAM C. BREHM, III, by his attorney Diane G. Radcliff, Esquire, and files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is WILLIAM C. BREHM, III, an adult individual whose residence is 12 Wood Drive, Carlisle, Pennsylvania. 2. Your Respondent is CINDY BREHM, an adult individual whose residence is 12 wood Drive, Carlisle, Pennsylvania. 3. The parties are husband and wife, having been married on October 19, 1980. 4. 'this action was commenced by the filing of a Complaint in Divorce on August 14, 1996 by the Plaintiff. The Complaint included a claim for divorce as well as a claim for equitable distribution of the parties' marital property. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD ~- CAMP HILL, PA 17011 5. During the course of the marriage the parties have acquired property, both real and personal, and they have been unable to agree as to an equitable division of said property. 6. Prior to the marriage or during the marriage the Defendant acquired property which is non-marital, including an antique oak roll top desk, which had been Defendant's premaritally having been made by his Grandfather and given to Defendant prior to the marriage and an antique dresser received from the Defendant's Great-Great Grandmother given to him by his Mother. 7. The aforementioned items of personalty had been located at the parties' marital residence located at 12 Wood Drive, Carlisle, Pennsylvania, until recently. 8. On or about February 11, 1997 the Plaintiff filed a Protection from Abuse Action and procured a Temporary Order evicting the Defendant from the afox°said marital residence. 9. On or about February 24, 1997 following a hearing on the merits, the Protection from Abuse action was dismissed by the Honorable Edgar B. Bayley, Judge of the Court of Common Pleas, in and for Cumberland County, Pennsylvania and the Temporary Protection Order entered thereon vacated. 10. On or about March 1, 1997 the Defendant returned to the marital residence. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 2 CAMP HILL, PA 17011 11. Upon the Defendant's return the Defendant discovered that the Plaintiff had removed from the marital residence the following items of personal property: a. Toolbox {large tool box on rollers) b. Snowblower c. Dishes d. Silverware e. Defendant's bedroom lamp f. Antique oak roll top desk made by Husband's Grandfather and owned by Husband premaritally g. Antique dresser from Husband's Great-Great Grandmother given to Husband by Husband's Mother. 12. On or about March 1, 1997 upon the Defendant's DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP BILL, PA 17011 return to the marital residence the Plaintiff entered the Defendant's bedroom, rooted through his personal possessions, and amongst other things, removed from the Defendant's possession his employment parking pass. On that same date, the Plaintiff also attempted to remove from the Defendant's possession a tape recorder hitting in the groin and almost breaking his thumb in the process as she attempted to wrench the recorder from his grip. She further did damage several tapes owned by the Defendant in part by stomping on them. 3 13. On or about March 2, 1997 the Plaintiff in an attempt to gain entry into the Plaintiff's bedroom at the marital residence, took a hammer and struck the bedroom door with it causing a hole in the door. 14. On or about March 4, 1997 the Plaintiff removed the bedroom door from the Defendant's bedroom just to harass him and cause him to fear for his safety. 15. As a result of the actions of the Plaintiff aforesaid the Defendant has feared for his safety of his person and his belongings and has on several occasions been forced to stay at his mothers for his protection and mental well being. 16. On or about February 13, 1997 the Defendant had previously filed a Petition for Special Relief due to the Plaintiff's removal from the marital residence of the Defendant's laptop computer, pape--s, journals, books, and other personal property on February 6, 1997 which Petition for Special Relief by this Honorable Court for April 10. 1997 at 10:30 a.m. in Court Room Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 4 CAMP HILL, PA 17011 17. The Defendant believes and therefore avers that the Plaintiff intends to continue to harass him so as to convince him to leave the marital residence thereby giving her exclusive possession thereof, which she was unable to achieve through her unfounded protection from abuse action. 18. Defendant believes that the Plaintiff either sell or destroy the foregoing items of property, both marital and premarital, as well as other items of marital property and therefore requires this Court's equitable intervention. WHEREFORE, the Defendant requests this Honorable Court to enter an Order as follows: a. Requiring the Plaintiff to immediately return to the Defendant's possession, the antique oak roll top desk made by his Grandfather and antique dresser from his Great-Great Grandmother and to permit the Defendant to remove the same from the marital residence and to store the same at his Mother's house. b. After full and complete hearing requiring the Plaintiff to return to the marital residence the toolbox, snowblower, dishes, silverware, bedroom lamp, parking pass and other items of marital property that have been previously removed by her from the marital residence. c. After full and complete hearing enjoining the Plaintiff from removing, transferring, conveying, dissipating, destroying, or otherwise disposing of any items of marital property that are subject to equitable distribution. d. After full and complete hearing enjoining the Plaintiff from having any contact with any items of the Defendant's personal property, including but not limited to, his laptop computer, business and personal books, papers, jewelry, clothing and the like. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 5 CAMP HILL, PA 17011 e. Immediately and after full and complete hearing, permanently enjoining the Plaintiff from harassing the Defendant, entering his bedroom, or removing his bedroom door at the marital residence. f. In the alternative after full and complete hearing, evicting the Plaintiff from the marital residence and temporarily giving the Defendant the right of exclusive possession thereof. g. Entering such further relief as is equitable under the circumstances. h. Scheduling this matter for a hearing at the same date and time as the aforementioned Petition for Special Relief Respectfully submitted, Attorney for Petitioner DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD 6 CAMP HILL, PA 17011 (717) 737-0100 I.D. No. 32112 VERIFICATION William C. Brehm, III verifies that the statements made in this Petitioner are true and correct. William C. Brehm, III understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. WILLIAM C. BREHM, III DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 CINDY BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 96-4571 CIVIL TERM WILLIAM C. BREHM, III CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a copy of the Petition for Special Relief in the above captioned matter was served upon Mark C. Duffie, Esquire by placing a true and correct copy thereof in the United States mail, postage pre-paid, on the ~ day of ~~ 1997 addressed as follows: Mark C. Duffie, Esquire 301 Market Street Lemoyne, PA 17043 DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 ~ _ DIAN:F.: G . RADCL~ E QUIRE ~~riTi 1 e Road PA 17 011 (717) 737-0100 Attorney for Defendant I.D. NO. 32112