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Home My WebLink About00-02605 ., . _~ \1 ~ ~ ^ '~ _~,', "i>' , " , ~ ~::$::+z(x:.::~:,'::!::c~;;:)>>x'x.::{x.::~t:x.x,)-::c~~::::!::*~:::!::*;::,;::.::.::;::::+:C~;:)::C:~:;:)::.X)::.::~:::'X.:~;;:)>>::+r:~{c~;::':::!::c~::::::!::.::-~;.?~$'~{e~t:!~~~,!::+>,;;X:+::.::!;):~:(:!~::!r:;:<+>;)Jt:!::c<,. ~.~ ..... ~ ~ ~,..:,',~ x ~ , ~ IN THE COURT OF COMMON PLEAS ~ :.: ~ ~ OF COUNTY ~ :.~ :.~ ~.S ~ ~.s I ~~~ ~ ~.s ~ ;'.s ~ ~.~ ~ v' ~ ~ ~ ~.~ ~ ;'.s ~ '''; ~.~ ~ a ~.~ t ~.~ ~~; ~ ;"; * H ~~ ".s ~ ;'.s ~ ~." ~ t<O;,. a "'.~ Q ~ ~ ~.~ .".", M ~.~ ~ ? k~ ~ ,<.'< ~~; ~ . CUMBERLAND STATE OF '*' PENNA. ,~~ ~ ~R" R RI"'):)~ ~ A,~ ~ )j.rO$~SJ!\""J;1~ ~ ~ ~ Versus I No. ..............00...... ..2605......, m Civil Term n n ~DQuglass~ ~ c~. ~ ~ BrOBB1Ila.Il ~ ~ ~ ~ ~ DECREE IN DIVORCE AND NOW" :.v~,$I""" V), :l.O.O!),, it is ordered and decreed that, )J,E.B,O.RAH. A., .B.R.O,S,SMA.N " , '" , , " " " " ,. , , " .' , , , " plaintiff, and, ,I)QIJGL4SS ,c, ,BROSS&ll, . , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; tJO~ .......................................... ................................, ~.~ ~ ~.~ ~ ~.~ ~ ~ ,.~ ;..; ~ ~ i ~. l...x::.>>>")(j&;.:e,, ~:;:c.:;:c."..;:+x ):+xx.x.:+x':...:+:...; "~;:e...;:;:c"';~.>: ):+:, :::+:,'~ x.:": X.:~" >~.:'. - ___n,__ honotary a ~.~ ~~~ ~ \~ ~ ~.~ ~ i..~ ~ a "'.~ ~ ~ I ~.~ ~ ~ ~;~ 1> ~:~" ~ "'.~ ~ ,', ~~~ * ~ ~ ~ ;~; ~ .'" N ~ ,", ~.; ~ ''''. ~.s ~ l\ ~ ~.~ t.; ~ ~ J, ',,' ~ ~~~ ~.~ ~ "...' ,-.s ~ ~ ~.~ ~ ~.~ t'; ~ ~.~ ~ ~ y ~ ~.~ ~ ~.~ .' ~ ---- ~ ~ :;.:.::-;,;:: :::.::.:.;;:::.::.::----: :::.::.::-<>::+::-< ::;'>>::":. >::.x>::"::-;',;: ,:.:.::< )::.::-~:: .ct r /OJ.~s..CO Id'~""&{) ~"':""~"'- ".."., .. - -, "",,,~ I" ~~ ~ ,- , .- .. &v~ ~ /n~;t 0~ ~~~~4~ . .~.p~~ " .~ ~,^ ~-~~"WT ~ "~r""''''''Il!l'-rw~'>'-"'''1'':' ~ ,c' L -~~ ,Ji.i;. " "> ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DMSION Deborah A, Brossman, ) Civil Action - Law Plaintiff, ) ) vs. ) No, 00-2605-Civil Term ) Douglass C, Brossman, ) Defendant, ) In Divorce a v,m, PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, 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: May 3, 2000 - Acceptance of Service signed by Defendant's attorney, Donald Kissinger. 3, (Complete either paragraph (a) or (b),) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, November 8, 2000; by Defendant, November 9, 2000, (b )(1) Date of execution of Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A, 4, Related claims pending: Resolved through Private Agreement; 5. Complete either (a) or (b) (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: N/ A; (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 14, 2000; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 14, 2000, WALKER & MACBRIDE Office of BARLEY, SNYDER, SENFT & COHEN, LLC By: 11,29,OO/MBW/943017,1 !!D~~.- ~"[Q'L", ,_"F; >.,;illllfil__lliiIlI. " ..~, ,1"'~ J1LO""," ,;, '" " ." . iIIIIiIi '!""'.~I'i!lb..1 . b:'~"'" 'R'_ , <,0 ,,~,.., -, "., .1', ',_'-- ".CO,,",, ," < ; '!Co ,,~-'.',_-,..."~ ~>.' ,'~, ';~-'" Ill! .. ..1 , ... ., ,;," , ,I, , "'- '.. , .. ~ Q ..''0 <:) ...... 0 ..... '''tlcrJ f11 ..,.. rom n n1:n Z::o I "q~ .~.~ +"" ::0 <:.1 -jQ ,<0 ". I-r't ~o :ll: g~ )>8 N ''''~f-TI - ~ ~ :::- ~ co - "c, '" _" ,~__" .~,",<~_ "._~_. ~, " ,-...""" ,--, ',,'~ 'I . . > .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A, Brossman, Civil Action - Law Plaintiff, vs. No, 00 - 02I..OS C~..l y~ Douglass C, Brossman, Defendant, In Divorce a v,m, NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 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. You must attend the scheduled conference or hearing, - ~ , '" ,~,,,,,,< ... , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A, Brossman, Plaintiff, ) ) ) ) ) ) ) No,1liii1L2000- .:nos ~ .,..,-~ Civil Action - Law vs, Douglass C, Brossman, Defendant, In Divorce a v.m, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE COUNT 1 DIVORCE 1, Plaintiff is DEBORAH A, BROSSMAN, a sui juris adult, who currently resides at 1540 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, since approximately January, 1988. 2, Defendant is DOUGLASS C, BROSSMAN, a sui juris adult, who currently resides at 91 Sportsman View Road, Wernersville, Berks County, Pennsylvania, since approximately April, 2000. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on May 29,1990 in Williamsburg, York County, Virginia. 5, There have been no any actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievably broken, 7, Neither the Plaintiff nor Defendant is a minor or incompetent. 8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9, Plaintiff requests the court to enter a decree of divorce, -~'.. - " g ',~--" - '." ' --wi: COUNT II DIVORCE 10, The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large, 11,In violation of his marriage vows and laws of the Commonwealth, the Defendant, Douglass C, Brossman, has offered such indignities to the person of the injured and innocent spouse, the Plaintiff, as to render her condition intolerable and life burdensome, WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce, COUNT III EQUITABLE DISTRIBUTION - SECTION 3502 12, The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 13, The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 14, Plaintiff will, within 60 days after service of this Complaint upon the Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed, WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code, COUNT IV COUNSEL FEES AND EXPENSES 15, The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 16, The resolution of the issues raised by this Complaint will require Plaintiff to incur considerable additional expenses and costs. WHEREFORE, pursuant to Section 3702, et. seq" of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement, and to require the scheduling of a hearing to determine Plaintiff's entitlement to counsel fees and expenses, and if so, the amount. '"'.- , , " - ..' A "', ~',_' "0.: ,i""'!;; " "" ~. ,'''~> '""..."_',,,,-,,.:, "";,"'r.",~ ""-""1 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, So"", 4904. ",Iatl"" to ",,,"om 1a1'Ifi"'ti~..a' ~ Deborah A. Brossman, Plaintiff WALKER & MACBRIDE OFFICE BARLEY, SNYDER, SENFT & COHEN, LLC, Date: f40- B, Walker, Esquire y for Plaintiff "~-"''''.~~~ilIi' --'~\,P' , '~-'~'~'_III, ... , " ~ ''-<'''~)''[)r~ .. -~'~J", .: " ,'.^ ,'_ ~ .0.'-- - " . , '6, ,~ -I.g, ~ kJ ...... ....... -p~ 5 ~~~'r '*- l. . . . .lrr ~~ a5C386 --1~~~,~ ;~ ~ C) c: ;:;: ~ \:J ~'\ fTl(, .'_ ~,~~~,: r:~( ~,., ~~ ~~, ;;~) -7 ~':'7 ,:..,) --.;;, (~J ''0 ....." 1 ',-' (0 -, . ~ '':;J I ~ 'I !" ".1 " [, il I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A. Brossman, ) Civil Action - Law Plaintiff, ) ) vs, ) No, 00-2605 - Civil Term ) Douglass C. Brossman, ) Defendant, ) In Divorce a ,[,ill, ACCEPTANCE OF SERVICE I, Donald T. Kissinger, Esquire, attorney for Defendant in the above-captioned matter, do acknowledge that I have received a true and attested copy ofthe Complaint Under Section 3301(c) or 3301(d) of the Divorce Code filed in the above-captioned matter on April 27, 2000. I certifY that I am authorized to accept service on behalf of Defendant. Date: Donald T, Kissinger, E H Attorney for Defendant j~(- "'^'^~'-'-",j""-'J~ - .,",..""~""",,.._ '" ",n.' . ~ """-^""^,,~,,.,,, . ""~"" '~""---'~~"Illi~I' ,,",-,"'" .'~I ~ . ,,- ,,- " o ~:; ute! fl1fTi Z:u ZC ~:;~~ ~~ ~ " ,.., 25 :Jl: ~ -< () ~n -.. ~~f; ;;;g , .".";)6m. ,') -:'"t r:r; "5..\.;1 >~ oj 'r;! :b -< " ::r: ~ ~) .l " '. ~') '1l r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A. Brossman, ) Civil Action - Law Plaintiff, ) ) vs, ) No, 00-2605 - Civil Term ) Douglass C. Brossman, ) Defendant, ) In Divorce a v.m, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on April 27, 2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of 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, Date: / ! -} - d <'tici' f1u~ c fJ ~CV'\ Douglass C, Brossman, Defendant "" l~'-"-'I - ,-,", .~ ,~, ~ - --" ~ """'iMi:-l~ 'ljVi>:IM1Di.iMj!Ii!~;hH-\;'""'" .~ ~, -, I o I' o c S -orn rnfT\ Z::c ::z;r,:: (j)~,:.-, Ct' ~-~ 4,-" ~C ~c ~ -<. C) c:> ~ 'I'::J ..::: ~ ( < C::J '''Tl .(,."7' .--1 .~.~.~ : ~:~;2; ?~=-1~ 'coO c:51n ._,\ """ :0 -< :,'"::", -""j\-- ~ t2 ,'V W -'~.. -- .~~- - ':-' --~' ~., :',-:'---,':,,";:-<" -~.-. '~ "- ~ "~" , "" , .... .: " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A, Brossman, Plaintiff, ) ) ) ) ) ) ) No, 00-2605-Civil Term Civil Action - Law vs, Douglass C. Brossman, Defendant, In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a fmal decree of divorce without notice, 2, I understand that Imay lose rights concerning alimony, division of property, lawyer's fees or expens~:s if! 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, Section 4904 relating to unsworn falsification to authorities, Date: 11- '1- a (J(;U DcwgiJ~ c & ~~ Douglass C. Brossman, Defendant WlII' ~ '.ii."",ljJiitI~ tA~ 4 ""- , '""""""~~~"' '~WftItl_~~'"~~ . "' "" .___,0_, ,,', ,"' ~" -,'1' --~ , -,. ., '" , ~~ ~ ~-, ... y" . ..... o o .- o ,;-;::: <2 'Z' -~ -oeD C9g:) zC;; ~Z <;;::0 ZC; "=0 ')7C -? :2 - ,<", ::;::" ~T<" -- , ^ ~~ ~i , o -n - 9 \-..:J (,:) , ~~: -n '~\a o 'Dl ?i ,~~ , ' -~' " "l1i1~ ,.. ) ~ - ,~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Deborah A, Brossman, ) Civil Action - Law Plaintiff, ) ) vs. ) No, F.R. 00-2605 - Civil Term ) Douglass C. Brossman, ) Defendant, ) In Divorce a v.m, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 330l(d) of the Divorce Code was filed on April 27, 2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of 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. Date: No 1/, ~ 7-00D I IJJ~ {{, ~ Deborah A. Brossman, Plaintiff dlH!i!llll_"" , "~"-ilII ,~ " ~ ~~~"'~~ u_r < _~~~.!'".-.- y =",' ~~. ' <'--,"",. -- =.=, , ," """,-;". r "'" J.. """-'-~ ", IIiiIIIIiIiiliiji - J (') Cl C) C 0 -n s: Z _,_I "'0 C'" c::> ;'cr~ ,i rnri::-; '- Z:J,:) h, ZC .\-'"" -;) 0 (f) <:~, ~ ;-'.) I --- " ,-, ~c:' ..::j ,,' or, ..;0- ~:: -'r' ~C'r '.,-) t5 S1 :;;::;:: en ~U ,-~" )>- c: ~_.J -? s;! ~ ,,,-, "':0 <.,) =< j, "" - , . , :.,-, ,~ ',,,;' .t, ... .. , , ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A. Brossman, ) Civil Action - Law Plaintiff, ) ) vs, ) No, F.R. 00-2605 - Civil Term ) Douglass C. Brossman, ) Defendant, ) In Divorce a v.m, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(C) OF THE DIVORCE 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 property, lawyer's fees or expenses if! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary, J 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, Section 4904 relating to unsworn falsification to authorities. Date: No V, ? / ZODb rAtJt2~ Deborah A. Brossman, Plaintiff I ~ ['~' 0 '....'''''''Iililillilili'illl ~ '.-'~~-';';'1iI .0.' ... IIlI! ~. -~ " ~," ~~ -,~ '.ill/ '"" " . _~'< "_Il 'r.liJ81,"'" '~';liIillr" c. <, ~ > ~ d~" " to" r 0 CJ C) C c:> ""r1 =s: z -OeD 0 :~;,~ rnr'11 f'~ 2::0 - -~r'n ~~ ,~ ;'~,6 r;:\_..: --_:,-, :P' ;;~~51 5' -) :x: Zl. 5>0 '2 ;~l' C ':::-\ ~ ~" -". ::0 (,) -< , I r', _ -'-" ,"~;'; '~"'- IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY STATE OF PENNSYLVANIA Deborah A. Brossman, Civil Action - Law Plaintiff, vs, No. 00-2605 - Civil Term Douglass C. Brossman, Defendant, In Divorce a v.m. PRAECIPE FOR DISCONTINUANCE ISSUES To the Prothonotary: Kindly dismiss the issues of equitable distribution, counsel fees and expenses in the above-captioned divorce action. WALKER & MACBRIDE OFFICE Barley, Snyder, Senft & Cohen, LLC Date: /~J/~ By ~~ M tha B. Walker, Esquire Attorney for Plaintiff 12.1.00IMBW/94379t,l iJiIUI ^- ~~~~ ,-JfiL, ,," .. ,-~" --. ,~'~,"'..~ ~,'" '.....--''"~' "',~, "' "Il~!lj""" ~,,~"" ", ", ,',)' ."'t"L """'"' ,_, ...' r "I ,~ -_I ,",,~, .."""(') .~ ~ ri1/'fi 2,::0 zr" ~2 ;::0 ~OO >c ~ gO/l';;-'",'.~f'" o .-< P1 ,I__ n j'11~ 1- ~.'. '''''Q ~:~~ ;;. ~ r", -< -~- ~ o , " ~ ~" - ...... ~Jji.;.~<-;;" , DEBORAH A. BROSSMAN PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 00-2605 CIVIL ACTION LAW DOUGLASS C, BROSSMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, November 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cnmberland County Courthouse, Carlisle on Tuesday, November 19, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The conrt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. VernQ'. Esq. Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ':: I '- !I./.!.tJOl IU/-f).), /1, .!/{)d. ._ M ~ I ,,"'--- "'. ~~ """ --- 1"" .'.,-," - ^ ~ -- ,~" '"""'"-'- , .-.-. FI1 ;::'O-(\.:;:),....r.: OF !}jC'~:3~~:~:~'.:-.. ".~,)OTf\RY 02 NOll .. t, PI'" "'J' ')? II 1'; 1.' t",.... CUM8Ei~1Lt,('"iJ COUN1Y PENNSYLVANIA M~~:b4,~ ~~7;4~ ~~~'_ a~d~ ~ , ~~ ~ ., .~',. ,~ """'~!~"'~'!f~i<'.i!lJlfflMrr!I!i11f'l!~lJ1t'1!!I'~~Ill~f!I\1l~'" ,,",, ' ,;' Ill!!'f ~ ""","".~" ,,-- -- '""""w '~i",'"-- ,_,,^ _'-' DEBORAH A. BROSSMAN, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS ~~T t 0 ~ : CUMBERLAND COUNTY, PENNSYLV AN~ v. CIVIL ACTION - LAW 2000 - 2605 CIVIL TERM DOUGLASS C. BROSSMAN, Respondent/Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before _ , Esquire, the conciliator, at , on the day of , 2002 at , M. for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE TillS 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 ~- ~=-"~ 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. You must attend the scheduling conference or hearing. ,. "0 "'i"l " ! I . ~. ,~ " ~-- -,- ,.~,,-~."~ -,-,~,,- ,_,-,,",', .-< ~-~.- - t DEBORAH A. BROSSMAN, Petitioner/Plaintiff : IN TillE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000 - 2605 CIVIL TERM DOUGLASS C. BROSSMAN, RespondentJDefendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY STIPULATION AND NOW, this !l~~y of October, 2002, comes the Petitioner, DEBORAH A. BROSSMAN, by and through her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of Custody Stipulation, averring as follows: I. The Petitioner is Deborah A. Brossman, an adult individual residing at 1540 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Douglass C. Brossman, an adult individual residing at 3502 Scotland Road, Chambersburg, Pennsylvania 17201. 3. The parties are the natural parents of two minor children, namely, Laura L. Brossman, born August 26, 1991, age llyears, and Adam C. Brossman, born June 22, 1993, age 9 years. 4. On September 29,2000, a Stipulation for Entry of Agreed Upon Custody Order was entered in this matter establishing shared legal custody between the parties and primary T"~~" ___ " "~~ '- ,. , "- " ", ""._,~~"---,-,,- ,-,~.--.,,- physical custody with the Petitioner. A copy of said Stipulation IS attached hereto and incorporated herein by reference as Exhibit "A." 5. In order to eliminate friction and hostility during the custody exchanges, Petitioner desires that the Stipulation be amended to require that Respondent remain in his vehicle and stay at the barn away from Petitioner's residence, and that Respondent not be permitted to approach Petitioner's residence or otherwise leave his vehicle during the scheduled custody exchanges. 6. Petitioner also desires that the Stipulation be amended to specifY in Paragraph Eight (8) that the children shall be entitled to initiate reasonable telephone contact with one party when they are in the custody and control of the other party. 7. The best interests and permanent welfare of the children require that the Court modifY the current custody schedule as requested by Petitioner. 8. Other than the Stipulation of the parties filed on September 29, 2000, Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. ,,--< """ , " ."" -~- ,- .~.~.,.~ -- c"'"" ",-'~ ;'.;;~J 10. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting her Petition for Modification of Custody Stipulation, thereby modifYing as proposed herein the Stipulation for Entry of Agreed Upon Custody Order filed on September 29, 2000. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Doug as G. iller, squire Supreme Co Ii LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for PlaintifflPetitioner, Deborah A. Brossman Date: October 25, 2002 . ~ _"0' ,." _ _no ."., "~., ,,'",..__,. .'. ' ' . '__, 'c~ VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. f)dm~ a. ~ DEBORAH A. BROSSMAN Date: oj ;)cf :J-() O:L , , , e_ ~_p~ c ~" ~ ==-,---~>-- ~,." - ,- , ~ DEBORAH A. BROSSMAN, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000 - 2605 CIVIL TERM DOUGLASS C. BROSSMAN, RespondentJDefendant IN CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street Harrisburg, PA 17101 Attorney for RespondentlDefendant Date: October 25, 2002 IRWIN, McKNIGHT & HUGHES iller, squire Supreme Co LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for PlaintiIDPetitioner, Deborah A. Brossman ~.l "'-i!iIlI__iIRflIll~ .- _~IWIlit"i""""'"jfllll~ - UII """'b ~ t\0 () ~ W ~~ ~ -0 ...c. 1...1 ~ ~ ~ (A 0\ \ ~~ o c $': Veu Cl}C;.: Zc.'" ej) ~!,-:: -<",:' ~~~~ t::_ ,,~""- :r..':;:~.= z ::;J , o f';,} o C) -i N UO o -n ---1 T iii :TI . ,- -,t",fTl :JJ<:;J :'~~:~;1 '." 'I ~1~~ ~~ ~ -< ~-tJ :Ji:: t;;.J ~....) VI ,,< ,-v_yj IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYL VANIA CUMBERLAND COUNTY BRANCH Deborah A. Brossman, ) Plaintiff, ) ) vs. ) ) Douglas C. Brossman, ) Defendant, ) Civil Action - Law No. 00-2605 Custody ORDER OF COURT NOW, C;;~ r , 2000, upon consideration ofthe within Stipulation and Agreement, it is hereby ordered as follows: 1. Lel!:al Custodv - Legal custody of Laura L. Brossman (hereinafter referred to as "Laura) and Adam C. Brossman, (hereinafter referred to as "Adam") as the term is defined by 23 Pa. C.S.A. Section 5302 shall be shared by the parties. 2. Maiority Phvsical Custodv - Mother shall have majority physical custody of Laura and Adam. 3. Partial PhvsicaI Custodv - Father shall have partial physical custody of Laura and Adam as follows: (a) Alternatinl!: Weekends - Every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. (b) Eveninl!:s - Alternating Monday and Thursday evenings from 4:30 p.m. until 8:00 p.m. with the Thursday evening period to occur during the week following Father's weekend period and the Monday period to occur during the week preceding Father's weekend period. Moreover, should the children not have school the day after Father's evening period and Father is available to care for the children the next day, Father shall, upon agreement of the patties (which agreement will not be unreasonably withheld), be entitled to extend his evening period to the next day. (c) Christmas - Christmas shall be divided into two segments. Segment A shall be 3 :00 p.m. on December 24 through 3:00 p.m. on December 25 and Segment B shall be 3:00 p.m. on December 25 through noon on December 26. In all even-numbered years, Mother shall have the children for the Segment A and Father for Segment B and in all odd-numbered years, Mother shall have the children for Segment B and Father for Segment A. MBW/926387.1 o_~ ~ ~o "" _ v ._ -, ~-,",,- , .- '..olt...,',., c_ -' ~'l (d) Thanksl!ivinl! - In all odd-numbered years Father shall have the children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. In all even-numbered years Mother shall have the children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. (e) Other Holidavs - The other holidays which shall be compromised of New Year's Day, Memorial Day, Fourth of July, Labor Day and Easter shall be shared by the parties as the parties may agree. (f) Summer - Father shall be entitled to two non-consecutive weeks of partial physical custody during the sununer school vacation upon thirty (30) days advance written notice to Mother. Mother shall likewise be entitled to two non-consecutive weeks of sununer vacation with the children upon thirty (30) days advance written notice to Father. In the event of conflict, the person firs providing notice shall prevai1. (g) Children's Birthdavs - For each of the children's birthdays, the parent that does not have custody for that day shall have the child for a period of at least four hours. (h) Mother's Dav/Father's Dav - Father shall have the children every Father's Day from 9:30 a.m. unti16:00 p.m. and Mother shall have the children every Mother's Day from 9:30 a.m. until 6:00 p.m. 4. Child Care - In the event either parent must spend more than three and one-half (3 Yz) hours away from the children during hislher custodial period, the other parent shall be provided the right of first refusal to provide care to the children until the custodial parent is available. 5. TransDortation - Father, or his agent, shall pick up and return the children in exercising his partial physical custody rights. 6. Relocation - Each party will provide the other with at least sixty (60) days advance written notice in the event he/she intends to relocate more than one-hour driving time from the other parent. 7. Anti Alienation - The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the children or in the presence of the children. Each shall ensure that third parties in hislher presence make no such remarks in the presence of the children. Moreover, neither party shall do anything to alienate the affection of the children for the other parent. 8. TeleDhone/Addresses - Each party shall keep the other appraised of his/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party. MBW/926387.1 ~ ' "L'_ e ~ " ~ t~ 9. The costs of this proceeding have been paid by Plaintiff. By the Court ./' . /' t.~ /0-3 -00 RK5 MBW1926387.1 i~ - ,~, "'~ \!1i'~1.\l '1 """~m_ ~ .> , >.-.' ,', "-, ','W'" ,~, '.--_ o~ >', ~ '" '1"1 , \ ./ ~1 '* ",".,~ .'C;(~:, ,-\,\\::,-, ~.\,; ~,.;;, vL"'-::\ .(,;'-' ~ ~, ?J;, "6 '7'<;; ~ 1-\ ':;:';\ /,; \. V -' -:::;t- '-;:,. ." ,p tl' , flJ1ff'fm~~~~~~~--'~"~~!!'IIlll ,,--;~::~, ',-"--; ~<~;~l\ ~~\ ~~ ::;<;. ~~ . "'-- ""~\,i JUN-29-2000 17:08 HOWETT K I 55 INGER & CONLEY' 7172345402 P.02/11 IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A DEBORAH A. BROSSMAN, Plaintiff v. ) ) ) ) ) ) ) NO. 00-2605 DOUGLASS C. BROSSMAN, Defendant CIVJl. ACTION - LAW DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER This Stipulation for Entry of Agreed Upon Custody Order made this 1'1 jt0 day of ~ ,2000 by and between Deborah A. Brossman (hereinafter referred to as "Mother"), and Douglass C. Brossman (hereinafter referred to as "Father"). WHEREAS, the parties, Husband and Wife, are the parents of two minor children namely Laura L. Brossman (hereinafter referred to as "Laura"), born August 26, 1991 and Adam C. Brossman (hereinafter referred to as "Adam''), bom June 22, 1993. WHEREAS, the parties are living separate and apart and wish to settle between them the implementation of custody arrangements in regard to their minor children. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference hcrcin and deemed as an essential part hereof, and intending to be legally bound hereby, the parties mutually stipulate and agree as follows: 1. tel!al Custodv. Legal custody of Laura and Adam, as that tern1 is defined by 23 Pa. C.S.A. ~5302 sl1all be shared by the parties. .' ,-'" "~) JUN-29-2000 17:09 HOWETT K I 55 INGER & CONLEY' 7172345402 P.03/11 2. Maioritv Physical CustodY. Mother shall have majority physical custody of Laura and Adam. 3. Partial Physical Custody. Father shall have partial physical custody of Lallra and Adam as follows: (a) Alternatinl! Weekends. Every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. (b) Evenines. Alternating Monday and Thursday evenings from 4:30 p.m. Wltil 8:00 p.m. 'With the Thursday evening period to occur during the week following Father's weekend period and the Monday period to occur during the week preceding Father's weekend period. Moreover, should the children not have school the day after Father's evening period and Father is available to care for the children the next day, Fathcr shall, upon agreement of the parties (which agreement will not be unreasonably withheld), be entitled to extend his evening period to the next day. (c) Christmas. Christmas shall be divided into two segments. Segment A shall be 3:00 p.m. on December 24 through 3:00 p.m. on Deccmber 25 and Segment B shall be 3:00 p.m. on December 25 through noon on December 26. In all even-numbered years, Mothcr shall have the children for Segment A and Father for Segment B and in all odd-numbered years, Mother shall have the children for Segment B and Father for Segment A. (d) Thanksl!ivinl!. In all odd-numbered years Father shall have the children from after school or work on Wcdncsday through Thanksgiving day at 6:00 p.m. In all even- 2 JUN-29-2000 17:09 HOWETT KISSINGER & CONLEY 7172345402 P.04/11 numbered years Mother shall have the children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. (e) Other Holidays. The other holidays which shall be compromised of New Year's Day, Memorial Day, Fourth of July, Labor Day and Easter shall be shared by the parties as the parties may agree. (f) Summer. Father shall be entitled to two non-consccutivc wccks of partial physical custody during the summer school vacation upon thirty (30) days advance written notice to Mother. Mother shall likewise be entitled to two non-consecutive weeks of summer vacation with the children upon thirty (30) days advance written notice to Father. In the event of conflict, the person fIrst providing notice shall prevaiL (g) Children's Birthdays. For each of the children's birthdays, the parent that does not have custody for that day shall have the child for a period of at least four hours. (h) Mother's DaY/Father's Dav. Father shall have the children every Father's day from 9:30 a.m. until 6:00 p.m. and Mother shall have the children every Mother's day from 9:30 a.m. until 6:00 p.m. 4. Child Care. In the event either parent must spend more than three and one-half (3 Vz) hours away from the children during his/her custodial period, the other parent shall be provided the right of first refusal to provide care to the children until the custodial parent is available. 3 ~ ~;;";,, JUN-29-2000 17:09 HOWETT KISSINGER & CONLEY 7172345402 P.05/11 5. TranSDortation. Father, or his agent, shall pickup and return the children in exercising his partial physical custody rights. 6. Relocation. Each party will provide the other with at least sixty (60) days advance writlen notice in the event he/she intends to relocate more than one-hour driving time from the other parent. 7. Anti Alienation. The parties shall refrain from making any disparaging or ncgative remarks with regard to the other either directly to the children or in the presence of the children. Each shall ensure that third partics in hislher presence make no such remarks in the presence of the children. Moreover, neither party shall do anything to alienate the affection of the children for the other parent. 8. Teleohone/Addresses. Each party shaH keep the other appraised of his/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party. 9. Entrv of Court Order. The parties agree that the terms and provisions of this Stipulation shall, at the request of Mother's counsel, be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seal the day and year ~a(j~ WITNESS ~ a. tJ0-Kq/ WITNESS /' ~out9<w> C G ~~ ~ BROSSMAN (~ DEBORAH A. BROSSMAN 4 ~i:' JUN-29-2000 17:09 HOWETT KISSINGER & CONLEY 7172345402 P.06/11 COMMONWEALTH OF PENNSYL V ANLA COUNTY OF fio.nlL~ ) ) ) BEFORE ME. the undersigned authority, on this day personally appeared DOUGLASS C. BROSSMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed saine for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this :J~ day of Ju A.1 ,2000. Notary Pub in and for Commonwealth ofPel1nsylvania Typed or printed name of Notary: She tt.; {h S ha;vA- My commission expires: I-/:{ -.).DOi./ Notarial Soal Stacoy A. Shank, Notary Public Chambersburg BOlO, Franklin County My Commission Expires Jan. 12, 2004 MOOIDer, pennsylvaniaASSOCiationOlNotariSS '" .~ '-';;,- JUN-29-2000 17:09 HOWETT KISSINGER & CONLEY 7172345402 P.07/11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF frrmlL & ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DEBORAH A. BROSSMAN, knov"TI to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein cxprcssed. GIVEN UNDER MY HAND AND SEAL OF OFFICE tbis N jI.(.. day of .1l/JkmfllA .2000. I .Jj~ /J,}j/JA -'. . Notary Pub in and for Commonwealth of Pennsylvania Typed or printed name ofNolary: SICLCDI {J. Shank- My commission expires: / - / J -~ DD'! Notarial Seal Stacey A. Shank. Notary Public Chambersburg Bora, Franklin County My Commission Expires Jan. 12. 2004 Member, PannsyivanlaAssociationofNotarles JM " '~..,~"""'~ I/ItIiailUil~-~'~ ~-'''-1Ilio_w II ,- .~-o~,' _ "_'" ,^'_,,," 'I',' =~~ ~~-iiliIIllllr.<'"=' ",,' , ;~~ ~.~ '" ~~ & {Q~- ~ ~ is) 't'3 ,,~ '- ~ ~ ~" .- ., , ~ '& o <;; o!:_~ -00:; rill':": ~E g2i .-- ~c.\ ~() Pc ~ -< - ~ -. ("",'" c5 U) n -" N U) ~) ~1 :_~: j - --n '-~-I~ ~~~j3 ;',:-;(~~ ~--~::?q ~~3{T1 '> :0 -< :::s ....;.. I:" .-l -0:;: DEe 0 5 2002~ DEBORAH A. BROSSMAN, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of consideration of the attached Custody Conciliation Report, It follows: ,2002, upon rdered and directed as 1. The prior Order of Court shall remain in full force and effect with the following modifications and additions: 2. Paragraph 5 is modified as follows. The parties have temporarily agreed to have no contact at pick up and drop off. 3. Paragraph 8 is modified as follows. If the non-custodial parent wishes daily telephone contact with the children, it shall occur between 8:00 p.m. and 8:30 p.m. 4. The parties agree to continue having the children see their current counselor, Bruce Storms. The parties agree to cooperate with the counselor and they are entitled to equal access to all information from the counselor. 5. It is recommended that the parents attend Parent Works to obtain a better of understanding of the children's perspective on the custodial situation. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc!Douglas G. Miller, Esquire, Counsel for Mother IDonald T. Kissinger, Counsel for Father > J. t~~ fi R'XS J,-.q-o~ n,--' ,,,," ~ ~.-....tMli"'l 1,,1 ~", "- iIil-"'~ ~~~,__ .."",~ "'__ ,-1M,.' ",~_,_, "oim~ "', . 'ViN'W\lASNN::ld JJ.Nnoo cr\M'iH38INrK) 9u :In!!! 6- JJno AtIV1C.['-.;'().Lj ,'I _:10 :rx:j~,:o-,o:~ Ib .1 _" "__.__" ~ - ,,~ ~ , . ~~-"" ,.1 DEBORAH A. BROSSMAN, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laura L. Brossman Adam C. Brossman August 26,1991 June 22, 1993 Mother Mother 2. A Conciliation Conference was held in this matter on December 4, 2002, with the following individuals in attendance: Mother, Deborah A. Brossman, with her counsel, Douglas G. Miller, Esquire and the Father, Douglass C. Brossman, with his counsel, Donald T. Kissinger, Esquire. 3. A prior Stipulated Order of Court, dated October 5, 2000 was entered by the Honorable Edgar B. Bayley that provided the parties with shared legal custody, Mother with primary physical custody, and Father with periods of partial physical custody on an alternating weekend basis and one evening per week. 4. The parties agreed to the entry of an Order in the form as attached. ..- I~-' 'o-r- Date 14.i cq ine M. Verney, Esquire Custody Conciliator ""110..' ~ ~ " ~ < .~ ~~ <-lll_ , DEBORAH A. BROSSMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2605 CIVIL ACTION LAW DOUGLASS C. BROSSMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 13, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 11, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nalTOW the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT. By: /s/ Tacqueline M. VernQl. Esq. C/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . 1_ ~ ~- I" "~ c:J. /3 [<] ,;;} . /3 'c:)3 ,;)/3 '03 ~~,~ " . ,~ o ~, ,__, ' .~. d '"' .. ~ T "~- "~'" ~< ,~'^' ,- .. f''\C \....'l 0", ,-'-a I') ,J fLU "J '.,' 'i, It:; rJ'l '-. .... ",''', , :'Y'ji jl\IT1' CUf\l'II"-~f,'I--i' !--', ,LJ v~_n.JI~ .. --, ,- V li"N'A PENNS,C,nl ; M" ~ 4t.~~ 4 ~~ ~f:~~~ """,,",lJlIIl'llII'l!' ~~I\l~IIJ\rl~.IIII~"~~-""!""",,!,,,t~m ),JtH~_,.."..._,.~~!l"'II;l~"~I11'Jt1llfl\m ~- " J . .~ ~. *k; , . . I. If, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH A. BROSSMAN, Plaintiffi'Respondent v. ) ) ) ) ) ) ) NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, DefendantlPetitioner CIVIL ACTION - LAW CUSTODYNISITATION NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you, Deborah A. Brossman, alleging you have willfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses and objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at o'clock .m. in Courtroom No. , Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 BY THE COURT: Date: J. .,~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH A. BROSSMAN, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, DefendantlPetitioner CIVIL ACTION - LAW CUSTODYIVISITATION PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF PARTIAL CUSTODY ORDER AND NOW, comes Defendant, Douglass C. Brossman, by and through his counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Petition for Civil Contempt and Modification of Partial Custody Order and in support thereof avers as follows: 1. Petitioner is Douglass C. Brossman ("Father"), Defendant in the above- captioned custody action, who is an adult individual currently residing at 3502 Scotland Road, Chambersburg, P A 17201. 2. Defendant is Deborah A. Brossman ("Mother"), Plaintiff in the above- captioned custody action, who is an adult individually currently residing at 1540 Walnut Bottom Road, Newville, pennsylvania 17241. 3. On December 8, 2002, the Court of Common Pleas of Cumberland County, per the lIonorable Edgar B. Bayley, entered an Order modifYing the original custody order between the parties dated October 5, 2000, which order awarded Father partial physical custody of Laura L. Brossman and Adam C. Brossman. A true and correct copy of both the December 8, 2002 order and the October 5, 2000 order is attached hereto collectively as Exhibit "A" and is incorporated herein by reference thereto. ~--, "-- , ''j'r''- "'=, lwrn.,,- , . 4. Father and his fiancee intend to reside together in Fairfax, Virginia where fiancee already lives and has employment. 5. Pursuant to 94346 of the Domestic Relations Code, a party who wilfully fails to comply with a partial custody order may be adjudged in contempt, which may be punishable by imprisonment not to exceed six (6) months, a fine not to exceed Five Hundred Dollars ($500.00), probation for a period not to exceed six (6) months or by an order suspending or denying licenses. 6. Rule 1915.12 ofthe Rules of Civil Procedure empowers a party to a partial custody order to file a petition for civil contempt. 7. Mother has willfully failed to abide by the existing partial custody order by, inter alia, the following: (a) Engaging in a course of conduct to alienate Father from his children; (b) Routinely making disparaging remarks regarding Father in the presence of the children; (c) Monitoring phone calls between Father and the children and preventing telephonic and electronic mail contact between Father and the children; (d) As per the custody order, Father was to have partial physical custody of the children over the weekend of January 10 and 11, 2003. Bye-mail dated January 9, 2003, Mother informed Father that he would not be permitted to exercise his rights of partial physical custody over the weekend; and ~~ ~ . fk; . . (e) Notwithstanding the e-mail, Father arrived at Mother's residence at the designated time for pickup to exercise his rights of partial physical custody. However, no one came to the door and, when Father called the residence on his cell phone, no one answered. Father waited approximately twenty (20) minutes for the children, but Mother did not appear with the children to effectuate the custody transfer. 8. Father believes its in the best interest of the children to modifY the existing custody order in light of, inter alia, the following: (a) Given Father's move to Virginia, which is approximately two (2) hours away, the current custodial schedule is not feasible. Inasmuch as the children are of school age, Father proposes a schedule whereby, to offset the time during the academic year when his time with the children during the week will be limited, the court enter an order providing him alternating weekends and four (4) continuous weeks of custody during the summer vacation; (b) In light of Mother's continued and willful refusal to abide by the existing custody schedule, court intervention is necessary in which to instruct an acceptable custodial arrangement in light of Father's relocation. - ~-""'''"\I ~. , - . =0 "-""-~-'ltl . . WHEREFORE, Petitioner respectfully requests that the Court both hold Respondent in contempt of court for her willful failure to abide by the existing partial custody order and modifY the existing custody order. Date: --2-\ \-\ to ~ Respectfully submitted, c- ,~/ J4~ Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for DefendantlPetitioner Douglass C. Brossman - - ~ " " '''' ';;1 t. ( OEe'.O 5 2002 ~ " - DEBORAH A. BROSSMAN, Plaintiff/Petitioner ' V. : IN THECOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ *' day of b~{\ e. rY'\ be ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court shall remain in full force and effect with the following modifications and additions: 2. Paragraph 5 is modified as follows. The parties have temporarily agreed to have no contact at pick up and drop off. 3. .' Paragraph 8 is modified as follows. If the non-custodial parent wishes daily telephone contact with the children, it shall occur between 8:00 p.m. and 8:30 p.m. 4. The parties agree to continue having the children see their current counselor, Bruce Storms. The parties agree to cooperate with the counselor and they are entitled to equal access to all information from the counselor. 5. It is recommended that the parents attend Parent Works to obtain a better of understanding of the children's perspective on the custodial situation. 6. This Order i~ entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The patties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, EXHIBIT ~'ff~) -Ii 4f . TRUE-CO?Y FROM RECORD In T estlmany whereof, there UlltO set my hand and r, sealaf sai ~ovrt 7j~ Cqrlisle, Pa. Thi ......J", ", f' ,0/1,' . Qltr ,~'. .....:... .1..'\""'_"... .~.'" +, Pro honotary cr cc: Douglas G. Miller, Esquire, Counsel for Mother Donald T. Kissinger, Counsel for Father ~ ~ . \.< (\ \' . -~ I t r r: . . .. . , IN THE COURT OF COMMON PLEAS OF THE 391h JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Deborah A. Brossman, Plaintiff, ) ) ) ) ) ) ) Custody Civil Action - Law vs. No. 00-2605 I \ Douglas C. Brossman, Defendant, ORDER OF COURT NOW, rO.I' f J~J..5 ,2000, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: I i J , , 1. Lel!:al Custody - Legal custody of Laura L. Brossman (hereinafter referred to as ''Laura) and Adam C. Brossman, (hereinafter referred to as "Adam") as the term is defined by 23 Pa. C.s.A. Section 5302 shall be shared by the parties. 2. Majority Physical Custodv - Mother shall have majority physical custody of Laura and Adam. 3. Partial Physical Custody - Father shall have partial physical custody of Laura and Adam as follows: (a) Alternatinl!: Weekends - Every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. (b) Ev~ninl!:s - Alternating Monday and Thursday evenings from 4:30 p.m. until 8:00 p.m. with the Thursday evening period to occur during the week following Father's weekend period and the Monday period to occur during the week preceding Father's weekend period. Moreover, should the children not have school the day after Father's evening period and Father is available to care for the children the next day, Father shall, upon agreement of the parties (which agreement will not be unreasonably withheld), be entitled to extend his evening period to the next day. (c) Christmas - Christmas shall be divided into two segments. Segment A shall be 3:00 p.m. on December 24 through 3:00 p.m. on Dccember 25 and Segment B shall be 3:00 p.m. on December 25 through noon on Dccember 26. In all even-numbered years, Mother shall have the children for the Segment A and Father for Scgment B and in all odd-numbered years, Mother shall have the children for Segment B and Father for Segment A. MUW/9i6387.J \ -~ "~ ,"- ~. " '~-: t ., ( t ~, . f' r . .. . . . (d) Thanksl!ivinl! - In all odd-numbered ycars Fathcr shall have thc childrcn from ancr school or work on Wednesday through Thanksgiving day at 6:00 p.m. In all even-numbered years Mother shall havc thc children from ancr school or work on Wcdncsday through Thanksgiving day ut 6:00 p.m. (e) Other Holidavs - The other holidays which shull be compromised of New Ycar's Day, Memorial Day, Fourth of July, Labor Day and Easter shall bc shared by the purties as thc parties may agrce. (1) Summer - Father shall be entitled to two non-consecutivc weeks of partial physical custody during thc slImmer school vacation upon thirty (30) days advance written notice to Mother. Mother shall likewise be entitled to two non-consecutivc weeks of summer vacation with the children upon thirty (30) days advance written notice to Father. In the event of conflict, the person firs providing notice shall prevail. (g) Children's Birthdays - For each of the children's birthdays, the parent that does not have custody for that day shall have the child for a period of at least four hours. (11) Mother's Day/Father's Dav - Father shall have the children every Father's Day from 9:30 a.m. until 6:00 p.m. and Mother shall have the children every Mother's Day from 9:30 a.m. until 6:00 p.m. 4. Child Care - In the event either parent must spend more than three and one-half (3 Yz) hours away from the children during his/her custodial period, the other parent shall be provided the right of first refusal to provide care to the children until the custodial parent is available. 5. TransDortation - Father, or his agent, shall pick up and return the children in exercising his partial physical custody rights. 6. Relocation - Each party will provide the other with at least sixty (60) days advance written notice in the event he/she intends to relocate more than one-hour driving time from the other parent. - 7. Anti Alienation - The patties shall refrain from making any disparaging or negative remarks with regard to the other directly to the children or in the presence of the children. Each shall ensure that third parties in his/her presence make no such remarks in the presence of the children. Moreover, neither party shall do anything to alienate the affection of the children for the other parent. 8. TeleDhone/ Addresses - Each party shall keep the other appraised of his/her telephone number and addrcss. Each party shall be entitled to rcasonable telephone privileges with the children while the childrcn arc in the custody and control of the other party. MBW/9263H7.1 f I - r r q o 9. The costs of this procceding have bccn paid by Plaintiff. By the Court /5/ cdpJ /J dZ;!r MBW/926387.1 ""';,\1 . . . "" =H JUN-29-2000 17:08 HOL.1Er'ISSINGER &. CONLEY c 7172345402 P.02/11 . , IN THE COURT OF COM.\.fON PLEAS OF CUMBERLAL'ID COUNTY, PENNSYLVANIA DEBORAH A. BROSSMAN, Plaintiff v. ) ) ) ) ) ) ) NO. 00-2605 DOUGLASS C. BROSSMAN, Defendant CIVIL ACTION - LAW DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER This Stipulation for Entry of Agreed Upon Custody Order made this /'1 y.r,. day of .{;pz<.L~ , 2000 by and between Deborall A. Brossman (hereinafter referred to as "Mother"), and Douglass C. Brossman (hereinafter referred to as "Father"). WHER.EAS, the parties, Husband and Wife, are the parents of two minor children namely Laura L. Brossman (hereinailer referred to as "Laura"), born August 26, 1991 and Adam C. Brossman (hereinafter referred to as "Adam"), born June 22, 1993. WHEREAS, the parties are living separate and apart and wish to settle between them the implementation of custody arrangements in regard to their minor children. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference hcrein and deemed as an essential part hereof, and intending to be legally bound hereby, the parties mutually stipulate and agree as follows: 1. Lee:al Custody. Legal custody of Laura and Adam, as that ternl is defined by 23 Pa. C.SA 95302 shall be shared by the parties. ~N-29-2000 17:09 . HOhIEr<<rSSINGER & CONLE.Y . ~, (' 71 72345402 P.03/11 " ., . , 2. Maioritv Physical Custodv. Mother shall have majority physical custody of Laura and Adam. 3. Partial Phvsieal Custodv. Father shall have partial physical custody of Lau.ra and Adam 3S follows: (a) AlternatiDl! Weekends. Every other weekend .from Friday at 6:00 p.m. through Sunday at 6:00 p.m. (b) Evenines. Alternating Monday and Thursday evenings from 4:30 p.m. until 8:00 p.m. with the Thursday evening period to occur during the week following Father's weekend period and the Monday period to occur during the week preceding Father's weekend period. Moreover, should the children not have school the day after Father's evening period and Father is available to care for the children the next day, Father shall, upon agreement of the . parties (which agreement will not be unreasonably withheld), be entitled to extend his evening period to the next day. (c) Christmas. Christm3S shall be divided into two segments. Segment A shall be 3:00 p.m. on December 24 through 3:00 p.m. on December 25 and Segment B shall be 3:00 p.m. on December 25 through noon on December 26. In all even-numbered years, Mother shall have the children for Segment A and Father for Segment B and in all odd-numbered years, Mother shall have the children for Segment B and Father for Segment A. (d) Thanks~ivin\!. In all odd-numbered years father shall have thc. children from after school or work on Wcdncsday through Thanksgiving day at 6:00 p.rn. In all even- 2 JUN-29-2000 17:09 H041Er . I 55 INGER & CONLE~' ~ 7172345402 P ;04/11 .. numbered years Mothcr shall have the children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. (e) Other Holidavs. The other holidays which shall be compromised of New Year's Day, Memorial Day, Fourth of July. Labor Day and Easter shall be shared by the parries as the parties may agree. (f) Summer. Father shall be entitled to two non-consecutive wecks of partial physical custody during the summer school vacation upon thirty (30) days advance written notice to Mother. Mother shall likewise be entitled to two non-consecutive weeks of sununer vacation with the children upon thirty (30) days advance written notice to Father. In the event of conflict, the person fl1'st providing notice shall prevail. (g) Children's Birthdavs. For each of the children's birthdays, the parent that does not have custody [or that day shall have the child for a period of at least four hours. (h) Mother's Dav/Father's Dav, Father shall have the children every Father's day from 9:30 a.m. until 6:00 p.m. and Mother shall have the children every Mother's day from 9:30 a.JP. until 6:00 p.m. 4. Child Care. III the event either parent must spend more than three and one-half (3 Yz) hours away from the children during his/her custodial period, the other parent shall be provided the right of first refusal to provide care to the children until the custodial parent is available. 3 JUN-29 2000 17:09 HOWer- KISSINGER ~ CONLEY c 7172345402 P.051'11 ,.. " " 5. TransDortation. Father, or his agent, shall pickup and return the children in exercising his partial physical custody rights. 6. Relocation. Each party will provide the other with at least sixty (60) days advance written notice in the event he/she intends to relocate more than one-hour driving time from the other parent. 7. Anti Alienation. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the children or in the presence of the children: Each shall ensure that third parties in hiSlber presence make no such remarks in the presence of the children. Moreover, neither party shall do anything to alienate the affection of the children for the other parent. 8. TeleDhone/Addresses. Each party shall keep the other appraised oflus/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party. 9. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall, at the request of Mother's counsel, be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seal the day and year ~ao~ WITNESS ~ a. [J~o/ WITNESS f' ~oU~a.~ C ~ ~~~N\ J ASS C. BROSS:\fAN , V~({ ~ DEBORAH A. BROSSMAN 4 JUN-29-2000 17:09 HOWEr-- .ISSINGER & CONLEY ~ 7172345402 P.06/11 . . .' . .' COMMONWEALTH OF PENNSYL VANIA COUNTY OF FiCo')1t.. It,L ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DOUGLASS C. BROSSMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed saine for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .:JcJIL day of 0U/IJ ,2000. N!/*~;m1ljtd Commonwealth of Pennsylvania Typed or printed name of Notary: Slater f+, Sh4J.. My commission expires: /- /~-.J.oCl-I Notarial Saal I Stacay A. Shani<, Nota~.PUbllc I r.Ji.1rr:t:e~!)~liJig Sera.. Fran.dln County ~,~~ Cor.mvssic;,r: exp;~s Jc.n. 12. 2004 "MC~:5er. Ptnns;'ivU:JaA~Octati'JnotNOtalieo " ......... ~, ,~ - JUN-29-2000 17:09 HOWEr.l SS! NGER ~ COt'llE:' C 7172345402 P.07/11 . ,. . COMMONWEALTH OF PENNSYL VANIA ) ) ) COUNTY OF fi-rinll tiA..- BEFORE ME, the undersigned authority, on this day personally appeared DEBORAH A. BROSSMAN, kno"'1l to me to be the person who executed thc foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein cxprcsscd. GIVEN UNDER MY HAND AND SEAL Of OFFICE this It) jl(.. day of , ); /JkmAH ,2000. I . Jj~ 11, /),IJ< L _ Notary Pub in and for Commonwealth of Pennsylvania Typed or printed name of Notary: SfQU._1( {J, ShfJ.1k- My comniission expires: 1- I:) -~ DOY Nola,:'" Seal Stacey A. Shnnk, No-tary ?ubrtc Chambe:sburg 8cro, Fm:ik!1r. C..,::nty My C~mmission Ex;')i~ss Jan. 12, 20C ~ Menlber, pf:nrrS;IV..\1iaAssOCiaUonomc!art!:s VERIFICATION I, Douglass C. Brossman, hereby swear and affirm that the facts contained in the foregoing Defendant's Petition for Civil Contempt and Modification of Partial Custody Order are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 2/4/03 Drw~~ cg~QJ\.\ Douglass C. Brossman ,~ ~~ ,~, iBm,-': " ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH A. BROSSMAN, Plaintiff/Respondent v. ) ) ) ) ) ) ) NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant/Petitioner CIVIL ACTION - LAW CUSTODYNISITATION CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Douglass C. Brossman, Defendant in the above-captioned action, hereby certifY that a true and correct copy of the foregoing Petition for Civil Contempt and Modification of Partial Custody Order was served upon Douglas G. Miller, Esquire, counsel for Plaintiff, Deborah A. Brossman, by depositing same in the United States mail, first class, on February 4, 2003,addressed as follows: Douglas G. Miller IRWIN MCKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 Date: d t ~ ~'()'S ~ ~~~~~ Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: 717-234-2616 Counsel for Defendant, Douglass C. Brossman !l-jii!l~oIIl!t~~Ji:!;lOi;I~h!i!!:ll-'I;,l'iaJ-;;M~;~",.,jIj,;Wi~;;"MA.;'"""!""",,,",~-,,~,,_,,'ct";","-'!J''''''''!<''' \j\(,;.",,,,i(,"~,'_i"!<l\i>jti;I,-Jt,!llW,*,!".Jt_,*;_~IOO.N1illii!IEi.l.l_tl1~3!Mllll1i$lM~'~--'< ~p~ ~~~ ~ 00 r- t~ -l - w ...t::. OJ ~ W r_,-" -~ , .," I. , ~, ~. "" ~~ 0 ~. C: <:.::) s-;-; i!~ -." -~"" '1 C:J j ~l)~; I ;" ;:SF; cn . ;--- ~-=: -rJ C} 2{) ::j:;;; () -.; > C) () c f';? Cl ill Z :;J <:- i::;! , :0 -< .1 . ~~>; ( ~ . DEBORAH A. BROSSMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-2605 CML ACTION LAW DOUGLASS C. BROSSMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 2003 , upon consideration of the attached Complaint, il is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 11, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to Curnish any and all existing Protection from Abuse orders, Special Relief orders, and Cus,tody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Tacqueline M. VemfOl. Esq. Custody Conciliator toe The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I , I I'" ..> ,__~~ r' , ~'"o-"-" ,_ . '~ !~'Ii Fn--("i~,C-I/"C Cr "'''1 ".'" :__,~:_,~.~:"',: 1.....'L _i,~ ,,' ',--' ~,,' r ,-,"', >'-""-'R' ..., "'--. I I " ',:"i'.)!/~ H' 03 P-1~R , ') c.,. I.' t:)" "V 11; . C CU/i/:k::, . ." , '. , ~ ',-",-, i~/ -,\'1, . ,i Ii II.f,'" '-'r-':\, .-,.,~ '.....-.."V , I rCI Mv YlI.~(~\!IA 3/J-tZl dJ-~.~;t4 ~ 3B'& 77~~~4 ~ J/J-t{J ~~ ~ a:If'~ --/& l _ . - '''''''':,~~f'''''''''"''W:R'!<)''8''''~f'!!!Il'I!lN*fR''''.1!"l'''l''''''~"mmp'!i1jj;Il'!RlllIIm'f;fIjjfl!m~~,~ ,~.,~~~~"~~Rlit'2ill!~.~~.e._,liJI!I~~~~~"~]'-"""'-7',"'C-^-~ "~.^ --~ DEBORAH A. BROSSMAN, Plaintiff : IN TillE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000 - 2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you, Douglass C. Brossman, alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person at the scheduled conference before Jacqueline M. Verney, Esquire, the conciliator, at the 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 11, 2003 at 8:30 a.m. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court fmds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPTER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 FOR THE COURT, By: Custody Conciliator '-' ,,-,~--'~-' DEBORAH A. BROSSMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMJBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000 - 2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CIVIL CONTEMPT AND MODIFICATION AND PLAINTIFF'S PETITION FOR CIVIL CONTEMPT AND NOW this 10.[Ar. day of March, 2003, comes the Plaintiff, DEBORAH A. BROSSMAN, by and through her attorneys, Irwin, McKnight & Hughes, and respectfully files this Answer to the Petition for Civil Contempt and Modification of the Defendant, DOUGLASS C. BROSSMAN, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Defendant's Petition are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The Orders of Court referenced by Defendant in paragraph three (3) and identified as Exhibit A speak for themselves and therefore no response is required. 4. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) so they are therefore specifically denied and strict proof thereof is demanded at trial. ,~ '" 5. The statute referenced by Defendant in paragraph five (5) speaks for itself and therefore no response is required. Any inferences that Plaintiff is in contempt of any custody orders are specifically denied and strict proof thereof is demanded at trial. 6. The Rule of Civil Procedure referenced by Defendant in paragraph six (6) speaks for itself and therefore no response is required. Any inferences that Plaintiff is in contempt of any custody orders are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) and all of its subparagraphs (a. - e.) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Father is the party making disparaging remarks, including telling the minor children that Plaintiff Mother is going to jail. Defendant also refuses to abide by his previous agreement to not have contact with Plaintiff during custody exchanges and remain in his vehicle. Defendant has further refused and continues to refuse to work with Plaintiff to establish a new mutually agreeable counselor for the minor children. 8. The averments contained in paragraph eight (8) and all of its subparagraphs (a. - b.) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Father's alleged move to Virginia is voluntary, and four (4) continuous weeks of custody during the summer vacation is not in the best interests of the minor children. WHEREFORE, Plaintiff Deborah A. Brossman respectfully requests this Honorable Court to deny Defendant's requested relief and direct Defendant to abide by the existing custody order. 2 - "~",,~,-, PLAINTIFF'S PETITION FOR CIVIL CONTEMPT 9. The averments of fact contained in the Answers to the Defendant's Petition are hereby incorporated by reference and are made part of Plaintiff's Petition for Civil Contempt. 10. Defendant Father has willfully failed to abide by the existing custody orders by and through the following: a. Routinely initiating contact at the custody exchanges, in direct violation of his agreement not to have contact but to remain in his vehicle during exchanges, which contact includes but is not limited to disparaging remarks regarding Plaintiff Mother, foul language and obscene gestures; b. Routinely making disparaging remarks regarding Plaintiff Mother in the presence of the children, including but not limited to informing the children that their Mother was going to jail; c. Refusing to allow Mother reasonable telephone and email contact with the children while they are in Father's custody; d. Refusing to cooperate with Plaintiff Mother in establishing a new mutually agreeable counselor for the minor children and enrolling in Parent Works; and e. Otherwise refusing to cooperate with Plaintiff Mother in achieving the best interests of the children. WHEREFORE, Plaintiff Deborah A. Brossman respectfully requests this Honorable Court to hold Defendant in contempt of court for his willful failure to abide by the existing custody orders. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: March ~ 2003 By: Douglas Supreme ourt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Deborah A. Brossman 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand thatfalse statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. IJka ~ DEBORAH A. BROSSMAN Date: 3/7 . ()6 CERTIFICATE OF SERVICE --t}; Ij Ii ~ r;: If Ii Ii II ~; I; " II ~ I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street Harrisburg, P A 17101 (Attorney for Defendant) Douglass C. Brossman 3502 Scotland Road Chambersburg, P A 17201 (Defendant) I! [ I' Ii I il ;~ I I'. i~ I~ .-, i~ I; !; j! ~ Date: March~, 2003 IRWIN, McKNIGHT & HUGHES ~G ill !I'I~ Douglas. er, sqUIre Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Deborah A. Brossman .---IlIIiiIiI~'J~. ,.,,~~ ..IT ~,,,=<J ",._._,~"", 'C., ~" .. ~(\ ~ ~ - U (..\ \ "\ '0 -l:. ,..\') ~ tl ...n \ ~ "" ~ .~ " (") C 2:'": 'd]fil, ~~-~.'. -r:::~ ~ " v- ~(::: ~::: (-~ J". <:;,:. ~l c:' (,."':' ~ '~;;. ';-'0 o -11 - ~\~l~l ..;}'tSj , 'J f';-~ ~ ,:,;. -f:J -;"; :.,-,?:\-~ ;~.:~\ N .. ::- C~) h-~ :::-Z . ~~ -" ~~ ~ =. .. " .. MAR 1 3 200311 DEBORAH A. BROSSMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this lJ day of _~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties' Petitions for Contempt are held in abeyance and either party in the future may raise the contempt allegations previously filed. 2. The prior Orders of Court dated October 5, 2000 and December 8, 2002 are hereby vacated and replaced with the following: 3. The Mother, Deborah A. Brossman and the Father, Douglass C. Brossman shall have shared legal custody of Laura L. Brossman, born August 26, 1991 and Adam C. Brossman, born June 22,1993, as that term is defmed by 23 Pa.C.S.A. Section 5302. 4. Mother shall have primary physical custody. 5. Father shall have periods of partial physical custody as follows; A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. Alternating Monday and Thursday from 4:30 p.m. until 8:00 p.m. with the Thursday evening period to occur during the week following Father's weekend period and the Monday period to occur during the week preceding Father's weekend period. Moreover, should the Children not have school the day after Father's evening period and Father is available to care for the Children the next day, Father shall, upon agreement of the parties (which agreement will not be unreasonably withheld), be entitled to extend his evening period to the next day. However, alternating Monday and Thursday shall cease once Father is married and relocates to another state. C. Sunday, May 25, 2003 from 1 :00 p.m. to 8:30 p.m. 6. Christmas shall be divided into two segments. Segment A shall be 3:00 p.m. on December 24 through 3:00 p.m. on December 25 and Segment B shall be 3:00 p.m. on December 25 through noon on December 26. In all even numbered years, Mother shall have the Children for Segment A and Father for Segment B and in all odd .. numbered years, Mother shall have the Children for Segment B and Father for Segment A. 7. Thanksgiving. In all odd numbered years Father shall have the Children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. In all even numbered years Mother shall have the Children from after school or work on Wednesday through Thanksgiving day at 6:00 p.m. 8. Other Holidays. The parties shall share New Year's Day, Memorial Day, Fourth of July, Labor Day and Easter as agreed. 9. Both parties shall be entitled to three non-consecutive weeks of partial physical custody during the year upon thirty (30) days advance written notice. In the event of conflict the person first providing notice shall prevail. In the event Mother's non-consecutive weeks interfere with Father's regular weekend, make up time will be provided. 10. Children's Birthdays. For each of the Children's Birthdays, the non- custodial parent shall have the Child for at lest four (4) hours. 11. Father shall have the Children on Father's Day from 9:30 a.m. to 6:00 p.m. and Mother shall have the Children on Mother's Day from 9:30 a.m. to 6:00 p.m. 12. In the event either parent must spend more than three and one-half (3 12) hours away from the Children during hislher custodial period, the other parent shall be provided the right of first refusal to provide care to the Children until the custodial parent is available. 13. Transportation shall be shared such that prior to Father marrying and relocating out of state, the parties shall meet at the Sunoco station at the 1-81 King Street Exit. Once Father has married and relocated to another state, the parties shall meet at the McDonald's located at the Scotland Exit ofI-81. For May 25, 2003, Father shall pick up the Children at the Sunoco station and Mother shall pick up the Children at the wedding reception. Neither party will leave their vehicle at the pick up and drop off while the other party is still at the parking area. Neither party will speak to the other or gesture to the other. 14. Each party will provide the other with at least sixty (60) days advance written notice in the event he/she intends to relocate more than one hour driving time, for Mother from her current location and for Father from his relocated residence, after his marriage. 15. The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the Children or in the presence ofthe Children. Each shall ensure that third parties in hislher presence make no such remarks in the presence of - I~ ~,~ - -. ~ u' ~. ';""""1lIii1\" " the Children. Moreover, neither party shall do anything to alienate the affection of the Children for the other parent. 16. Each party shall keep the other apprised of hislher telephone number and address. Each party shall be entitled to reasonable telephone privileges with the Children while the Children are in the custody and control of the other party. If the non-custodial parent wishes daily telephone contact with the Children, it shall occur between 8:00 p.m. and 8:30 p.m. 17. Both parties are to immediately contact Parent Works and participate in a program to better understand the Children's perspective in the custodial situation and to avoid parental alienation. 18. The parties shall immediately contact Georgi Anderson and arrange for counseling for the Children to include the parents if recommended by the counselor. The parties shall share the costs of said counseling. If necessary the parties shall sign releases so that all information may be shared among the parties. 19. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Douglas G. Miller, Esquire, Counsel for Mother Donald T. Kissinger, Esquire, Counsel for Father ~ ;1'V1"; lul J. ..3 - / 'f ~0.3 c+. ~liililllri_Ulii!l_llliUiiII~~"~"':.-mi~~1iIiiim~'''~~'-" '""""'" LJU~..'C' <_,"~'<m'~'"u""_~','_~""_'~_.' .,.. " -"-,~ -'-"'~' lliilliII , " Yl~Wil^S;\!N::Jd /\! I)' "~ r 1,-" i I: ~"""'"":'.~\""'I"'\ '" <," "--;i::'I"\;!i....; i',? ,'h I' . v -/ --;::1 A8'/LU." ::iJLK' . ~~.,,-, "-", cr 0""/ _ ~ ,'-,'1 !'-. elj l..Jll:t v:"; dO "" ."',""""~~ ~ ~ L ..,; >. ~' 1kH.,: ~ DEBORAH A. BROSSMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-2605 CIVIL TERM DOUGLASS C. BROSSMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laura L. Brossman Adam C. Brossman August 26, 1991 June 22, 1993 Mother Mother 2. A Conciliation Conference was held in this matter on March 11, 2003, with the following individuals in attendance: The Mother, Deborah A. Brossman, with her counsel, Douglas G. Miller, Esquire and the Father, Douglass C. Brossman with his counsel, Donald T. Kissinger, Esquire. 3. Two prior Orders of Court have been entered dated October 5, 2000 and December 8, 2002 by the Honorable Edgar B. Bayley. The Orders provide for shared legal custody, with Mother having primary physical custody and Father having alternating weekends and two evening per week. 4, Father filed a Petition to ModifY Custody and for Contempt. Mother filed a Petition for Contempt. 5, The parties agreed to the entry of an Order in the form as attached. 3-13-0'$ Date ~M.r/~_ cq ine M. Verney, Esquire Custody Conciliator , ., Ii; l' v I " MAR 1 0 Z0031) CHRISTOPHER S. EUTZY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIJL ACTION - LAW TRACEY E. GROVE, Defendant NO. 2000 - 3867 CIVIL IN CUSTODY COURT ORDER AND NOW, tbis ~ day of March, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of March 16, 2001 shall remain in effect subject to the following modifications: 1. The Christmas holiday shall be handled such that it is divided into 2 segments, Segment A being from Christmas Eve at Noon until Christmas Day at Noon, and Segment B being from Christmas Day at Noon until December 26'" at Noon. The parties shall alternate custody of the minor child on those 2 segments, with Mother to have cnstody during Segment A for Christmas 2003. The parties shall alternate thereafter. 2. On those days when Father is working and has cnstody of the minor child and Mother is available to provide daycare, Father shall make arrangements with Mother to deliver custody of the minor cbild to the Mother. Father shall advise Mother in advance with respect to bis work schedule. 3. On those weekends when Mother has her scheduled alternating weekend and she will be taking care of the cbild on Friday or Monday because of Father's work schedule, Mother's cnstody can start Friday morning and continue through the weekend and, where appropriate, continue until Monday evening when she is scheduled to have custody on Monday. 4. The parties may modify this order by agreement of the parties. Absent any other agreement, tbis Order shall control. J. , cc: .'0 ,--, d"'"' ^ ,--,c', _~' , ,__ ~ ~"~__OH . '~""__' '.I 5. ! f I I' t; In the event the parties desire to modify this order and are unable to reach an agreement, either party may petition the court to have the case again scheduled with a custody conciliator for a conference. H Ii I: ;' , i1 Ii I; It J. Suzanne H. Rhodes Dickinson School of Law Family Law Clinic Sally J. Winder, Esquire ~ ~ 3_/'1-0.3 C}-. I- I ! v CIVIL ACTION - LAW [ [ L I. I i; CHRISTOPHER S. EUTZY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEY E. GROVE, Defendant NO. 2000 - 3867 CIVIL IN CUSTODY I ;, '~ t.' '-~ "" Prior Judge: J. Wesley Oler, Jr. ~" i'; CONCILIATION CONFERENCE SUMMARY REPORT l'f I;, I'" ;[- ~~ IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: M f;: r~ [1 '" 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: JI?! (; 3 DATE Hubert X. Gilroy, Esq . e Custody Conciliator }~ t '" ~; i! ~ I ! ( I z , ! f , f 1 I f f Gage Christopher Eutzy, born June 9, 1999. 2. A Conciliation Conference was held on February 28, 2003, with the following individuals in attendance: The Father, Christopher S. Eutzy, with his counsel, Sally J. Winder, Esquire; and the Mother, Tracey E. Grove, with her representative, Suzanne H. Rhodes of the Dickinson School of Law Family Law Clinic. 3. The parties agree to the entry of an order in the fonn as attached. . :~<'; .. .. ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deborah A. Brossman, ) Civil Action - Law Plaintiff , ) ) Vs. ) No. 00 2605 ) Douglass C. Brossman, I Defendant, I In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 5th day of December, 2000, hereby elects to retake and hereafter use her previous name of Deborah A. Thurbon and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. JAa~ Deborah A. Brossman To be known as: ;fJ~ u. -7LL- Deborah A. Thurbon COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF FRANKLIN On the Sf/'- day of r(J~ ' 2003, before me, a Notary Public, personally appeared DEBORAH A. ROSSMAN, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 'Ii . )/flJL Notary Public 1162874-1 .w _ u G NOlariai Sea. ~ Stacey A. Shank, Notary Public Chambersburg BOTO, Franklin County My Commission Ex.pires Jan. 12. 2004 lViember, PennsytvaniaAssocialloootNotaries HtJwndf ij_llliillill~IiRIiIE~~~~'" ~JkL~ ,,,___'J! ~,I J'L~ ~,^ ,,",' ".~__ ',"I,,' ., ~~, p ~'.," ~'. " ~ .~",', ,".<' ~ ~, , ~ ... N (J -lQ. l' ~ Ii 1i () 0 c:::;. () c (,;.) --\1 0 S, ::~ -ou:' ::';-, G::; rnrT ~-< ~ p! z;:: I ~ ~3~ OJ f' -- ~C~' .'0 N f.,.J 'J>- -;;.. ,~ -ft Zl,. ;-...:.Cn " "fi' S;'j '-" C ~l Z -"-,. ~ ~-'" :D CO -< .. ul ~