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HomeMy WebLinkAbout97-01494CASE # 97 -14 9 N avi 1 IS NOT MICROFILMED IT IS ONLY ~- ~~ • boo` Date NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this ~~day of '~ , 2005, the parties having been advised of their rights by their respectiv counsel, and having the best interests of their minor children, William E. Brougher, Jr., born April 23, 1994 and Zachary Wayne Brougher, born October 13, 1996, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share physical custody of the children on the following schedule: a. Mother shall have the children every Monday morning through Wednesday morning. b. Father shall have the children every Wednesday morning through Friday morning. c. The parties shall alternate custody of the children on weekends, from Friday at 3 p.m. during the school year and 5 p.m. during the summer, through Monday morning. This shall begin with Mother having custody for the weekend of Friday, May 6, 2005. d. During the school year, the party having custody in the morning shall retain custody through 3 p.m. if there is no school on that day. e. During the summer, the party having custody in the morning shall retain custody through 5 p.m. on that day unless either or both children are attending any programs to which they would need to be delivered at an earlier hour. 3. Each party shall have an uninterrupted seven day period for each month of June, July and August. Said seven day period shall be taken in conjunction with that party's regularly scheduled weekend custody. Each party shall give the other party a minimum of 30 days notice of the specific dates for such custodial periods. Mother acknowledges that Father has given her notice of his intended July period, which is July 22 through July 29, 2005. 4. Mother shall have custody of the minor children on Mother's Day and Father shall have custody of the minor children on Father's Day. The custodial period on these days shall run from 9:00 a.m. through 9:00 p.m. 5. In odd numbered years, Mother shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Father shall have custody on July 4th from 9:00 a.m. until after fireworks. In even numbered years, Father shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Mother shall have custody on July 4th from 9:00 a.m. until after fireworks. 6. In every year, the party who has custody of the children on Easter Sunday under the regular schedule shall retain custody on Easter until 2 p.m. and the other parent shall have custody of the children on Easter from 2 p.m. until 9 p.m. 7. In every year, Mother shall have custody of the children on Thanksgiving Day from 9 a.m. through 2 p.m. and Father shall have custody of the children from 2 p.m. through 9 p.m. 8. For the Christmas holiday Mother shall have custody of the children from December 23 at noon through Christmas Day at noon. Father shall have custody of the children on Christmas Day at noon through December 27 at noon. 9. In every year, the party who would have custody of the children on New Year's Eve under the regular schedule shall retain custody of the children through New Year's Day at 2 p.m. and the other party shall have custody of the children on New Year's Day from 2 p.m. through 9 p.m. 10. The parties agree that the holiday schedule enumerated above takes precedence i over the normal custody schedule. 11. The parties agree that the party receiving custody of the children shall be responsible to provide transportation for the exchange of custody. 12. In the event that either party must work for more than two (2) hours during his or her time with the children, that parent shall advise the other parent, and give the other parent the first option to provide childcare during such work period. 13. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the children return the telephone call. For purposes of this paragraph, reasonable telephone access shall mean one call per day to the other parent's home, while the children are with the other parent, and that call shall be placed before 8:30 p.m. to avoid interfering with the children's bedtime. Further, when the children are away from the home of the parent then having custody and do not return until 8:30 p.m. or later, the return call will not be made that day. 14. Each party shall keep the other advised of a current address and telephone number. 15. Each party shall advise the other promptly of any illness suffered or injuries sustained by either of the minor children. 16. The parties shall communicate directly with each other regarding the minor children. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 17. The parties will not undertake or allow by any other person the poisoning of the children's mind against one of the other parties by conversation which includes any critical, hostile or condemning language, or in any way derogates the other party from extended family members. 18. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 19. Neither party shall attempt or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the minor children from the other parent, or to injure or impair the mutual love and affection of the minor children. At all times, each parent shall encourage and foster in the minor children a sincere respect and affection for the other parent, and shall not hamper the natural development of the children's love and respect for the other parent. 20. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the children's attendance at regularly scheduled activities and special events. 21. It is the intension of the parties that this Stipulation may be entered as an Order of Court as if a fully hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. 22. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 23. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this stipulation shall have the same full force and effect as if this matter had been tried and decided. 24. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 25. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 26. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. Sa uel L. Andes icolle M. Broug William E. Brough Attorney for Plaintiff c~ ~ `-~' ---t c~ T. --n ~~3 _ ~ ~ ~ ins i ~~.r t'_ :~ ~. _.. "1'~ t ~ tl rte. i_- Y .. -:' ~~ RECEfV~,':~ 't`ti' 1~2U05~ ~~- NICOLLE M. BROUGHER, ) Plaintiff ) vs. } ) WILLIAM E. BROUGHER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this _~> day of ~~ -~~n.Q __ 2005, the attached Stipulation for Custody is hereby adopted as the order of this court and all prior orders_are - :% BY J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff} 525 North 12"' Street, Lemoyne, PA 17043 Maria P. Cognetti, Esquire {Attorney for Defendant} e'1'~'"' 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 t~ ~ t u o s' y. G~ ~,.. L ~~ k ~' f. ~ C7 ~ ; ,,"~ " s``> ~ , "%t ~ r ~ ~ ~ ,-~ ~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Modification of Custody and in support thereof avers as follows: Petitioner is William E. Brougher who currently resides at 11 Fortuna Lane, Enola, Cumberland County, Pennsylvania. 2. Respondent is Nicolle M. Brougher who currently resides 19 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of two (2) natural children, namely William E. Brougher, Jr., born Apri123, 1994, and Zachary Wayne Brougher, born October 13, ]996. 4. There is presently an existing Custody Order in this matter dated June 15, 2005. Said Order is attached hereto and marked as Exhibit "A." r Pursuant to said Order, the parties have shared legal custody. Respondent and Petitioner have shared physical custody as outlined in the Order. 6. Petitioner believes and therefore avers that it is in the best interest of the children for him to have primary physical custody for the following reasons: a. Petitioner is an equally fit parent and is equally available to the children. b. Petitioner is desirous of having the children live with him on a primary basis. c. Petitioner's residence will provide ample room and a nurturing atmosphere. d. The children have expressed a strong desire to spend more time with the Petitioner. e. The children become extremely agitated about having to leave the Petitioner's custody. f The children's best interest would be better served if they lived with Petitioner on a primary basis. Petitioner believes and therefore avers that it is in the children's best interest that he be awarded primary physical custody. WHEREFORE, Petitioner prays this Honorable Court grant him primary physical custody of the aforementioned minor children, and set up a schedule of partial physical custody for Respondent. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 10, 2006 By: ~~ MARIA P. COGNETTI, DIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, WILLIAM E. BROUGHER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, lrnowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. William E. Brougher DATE: ~~~~~~~~ ~~ ~~ ~ RECEIVED JUN_141005~ NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this ~ day of 2005, the attached Stipulation for Custody is hereby adopted as the order of this court and all prior orders are vacated. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`" Street, Lemoyne, PA 17043 Maria P. Cognetti, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ~, ~ilf' j~' 6 ~Et~~i '; °.R;"°~ v ~ ~ 4".?!' '~ u r~~ i~ tea +,_~ I~ ~ ~iFf ?~S-~d "7 .,'mac' ~v. 21 r`<ri {c ~~ ..~ ~ .,a F ,. ... ~n~~ BY THE COURT, NICOLLE M. BROUGHER, ) Plaintiff ) vs. ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, ) ~ ~ o Defendant ) IN CUSTODY .~- `~' -`' J i27 t m~ rt -I '~ T.._ -O L^r 2• -- -C~° W ~ STIPULATION FOR CUSTODY ~~ ~ z- t ; ~ AND NOW, this ~ ay of , 2005, the parties ha~r'rr q be~,n ~ cs ~~ advised of their rights by their respecti counsel, and having the best interests cif tf~r rrt~or children, William E. Brougher, Jr., born April 23, 1994 and Zachary Wayne Brougher, born October 13, 1996, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share physical custody of the children on the following schedule: a. Mother shall have the children every Monday morning through Wednesday morning. b. Father shall have the children every Wednesday morning through Friday morning. c. The parties shall alternate custody of the children on weekends, from Friday at 3 p.m. during the school year and 5 p.m. during the summer, through r L- Monday morning. This shall begin with Mother having custody for the weekend of Friday, May 6; 2005. d. During the school year, the party having custody in the morning shall retain custody through 3 p.m. if there is no school on that day. e. During the summer, the party having custody in the morning shall retain custody through 5 p.m. on that day unless either or both children are attending any programs to which they would need to be delivered at an earlier hour. 3. Each party shall have an uninterrupted seven day period for each month of June, July and August. Said seven day period shall be taken in conjunction with that party's regularly scheduled-weekend custody. Each party shall give the other party a minimum of 30 days notice of the specific dates for such custodial periods. Mother acknowledges that Father has given her notice of his intended July period, which is July 22 through July 29, 2005. 4. Mother shall have custody of the minor children on Mother's Day and Father shall have custody of the minor children on Father's Day. The custodial period on these days shall run from 9:00 a.m. through 9:00 p.m. 5. In odd numbered years, Mother shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Father shall have custody on July 4w from 9:00 a.m. until after fireworks. In even numbered years, Father shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Mother shall have custody on July 4`h from 9:00 a.m. until after fireworks. 6. In every year, the party who has custody of the children on Easter Sunday under the regular schedule shall retain custody on Easter until 2 p.m. and the other parent shall have custody of the children on Easter from 2 p.m. until 9 p.m. 7. In every year, Mother shall have custody of the children on Thanksgiving Day from 9 a.m. through 2 p.m. and Father shall have custody of the children from 2 p.m. through 9 p.m. i_ 8. For the Christmas holiday Mother shall have custody of the children from December 23 at noon through Christmas Day at noon. Father shall have custody of the children on Christmas Day at noon through December 27 at noon. 9. In every year, the party who would have custody of the children on New Year's Eve under the regular schedule shall retain custody of the children through New Year's Day at 2 p.m. and the other party shall have custody of the children on New Year's Day from 2 p.m. through 9 p.m. 10. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 11. The parties agree that the party receiving custody of the children shall be responsible to provide transportation far the exchange of custody. 12. In the event that either party must work for more than two (2) hours during his or her time with the children, that parent shall advise the other parent, and give the other parent the first option to provide childcare during such work period. 13. The non-custodial parent at any given time shalt'have reasonable ongoing telephone access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the children return the telephone call. For purposes of this paragraph, reasonable telephone access shall mean one call per day to the other parent's home, while the children are with the other parent, and that call shall be placed before 8:30 p.m. to avoid interfering with the children's bedtime. Further, when the children are away from the home of the parent then having custody and do not return until 8:30 p.m. or later, the return call will not be made that day. 14. Each party shall keep the other advised of a current address and telephone number. 15. Each party shall advise the other promptly of any illness suffered or injuries sustained by either of the minor children. 16. The parties shall communicate directly with each other regarding the minor children. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 17. The parties will not undertake or allow by any other person the poisoning of the children's mind against one of the other parties by conversation which includes any critical, hostile or condemning language, or in any way derogates the other party from extended family members. 18. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 19. Neither party shall attempt or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the minor children from the other parent, or to injure or impair the mutual love and affection of the minor children. At all times, each parent shall encourage and foster in the minor children a sincere respect and affection for the other parent, and shall not hamper the natural development of the children's love and respect for the other parent: - 20. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the children's attendance at regularly scheduled activities and special events. 21. It is the intension of the parties that this Stipulation may be entered as an Order of Court as if a fully hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. 22. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. ~. 23. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this stipulation shall have the same full force and effect as if this matter had been tried and decided. 24. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 25. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 26. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. L. Andes Attorney for Maria P. i~o Attorney for icolle M. B ughe ~ ~ rti William E. Brougher CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: March 10, 2006 By: MARIA P. COGN 'TI, ES U RE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner ~ ~ -~} 7~~ O ^~ t''' -~ ~ fi L ~ ~ ~~ NICOLLE M. BROUGHER W THE COURT OF COMMON PLF.,AS OF' PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~~ 97-1494 CN[L ACTION LAW WILLIAM E. SROUGHER DEFENDANT IN CUSTODY, ORDER OR COURT AND NOW, Wednesday, March 15, 2006 ,upon consideration of the attached Complaint, it is hereby directed Utat pa~lies and their respective counsel appear before Dawn S. Suuday, Esq. ,the conciliator, 9 West Maio Street, Mechanicsburg, PA 17055 on Tuesday, April 11, 2006 at 10:00 AM at 3,. ----. _ -- -._._ for aPre-Hearing Custody Conference. At such conference, an effort will be made Co resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by die 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 ail e~istinl; Protection Srorn Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Dsq._i~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. F'or information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AI{ 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 TNIS 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 F[ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 33 South Bedford Street Carlisle, Pennsylvania 17013 'T'elephone (717) 249-3166 '~'-:~'-" ~~ ~o~ -~~ ~ . ,tip^, =,-~n~ ~ z : r i ~~~ 9 ~ a~~~ go~a nr.~~~- , ~ ~ ~~-ti. ~~ ~4 ~_ MAY 0 4 200 E31 __ ' _~' NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1494 CIVIL ACTION LAW WILLIAM E. BROUGHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this Vt r~ day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for the Children to participate in therapeutic counseling with a professional to be selected by agreement between the parties and counsel. The parties acknowledge that the counselor's communications with the Children in the course of the therapy will be confidential unless and until the Children are comfortable with the release of information by the counselor to the parents. The parties shall equally shaze responsibility for any unreimbursed costs of the counseling. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 15, 2005 shall continue iri effect. cc: ,.Maria P. Cognetti, Esquire -Counsel for Father ~S"amuel L. Andes, Esquire ;Counsel for Mother S ~~0~ "JO > a ~ "' u.~ G C~~ ~ ~ ~ d ~~ ~ -J~ i ~ ~ ~ ~ c1. '1 ~ 1~ y~. V c Cam.) N NICOLLE M. BROUGHER Plaintiff vs. WILLIAM E. BROUGHER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF William E. Brougher, Jr. Apri123, 1994 Mother/Father Zachary Wayne Brougher October 13, 1996 Mother/Father 2. A custody conciliation conference was held on May 2, 2006, with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Maria P. Cognetti, Esquire. 3. This Court previously entered an Order in this matter by stipulation of the parties on June 15, 2005, under which the parties share having physical custody of the Children on an equal basis. The Father filed this Petition for Modification seeking primary physical custody of the Children. The Mother's counsel presented an Answer and Counterclaim at the conference, which had not yet been filed with the Court, in which the Mother also requests primary physical custody of the Children. 4. The Father represented at the conference that the basis for his Petition is the Children's expression of a desire to spend more time with the Father, The Mother indicated that she had received contradictory indications from the Children. The parties agreed to proceed as follows: A. The parties agreed to entry of an Order in the form as attached requiring therapeutic counseling for the Children with the possibility of receiving feedback and guidance from the Children's counselor if authorized by the Children in accordance with the confidential relationship between the counselor and the Children. B. The Father's counsel plans to file a petition with the Court seeking an Order requiring the parties to submit to a supplemental custody evaluation by Arnold Shienvold, Ph.D. who previously completed an evaluation approximately one yeaz ago. The Mother's counsel requested an opportunity to respond to the Father's request prior to entry of an Order either granting or denying the request for the updated evaluation. C. If the Father's Petition for a supplemental evaluation is granted by the Court, counsel will notify the undersigned conciliator, who will forwazd an Order facilitating the scheduling of an additional custody conciliation conference within 60 days of receipt of the supplemental evaluation report and recommendations. In the event the Court denies the Father's request for a supplemental custody evaluation, counsel will advise the undersigned conciliator accordingly and a recommended Order will be forwazded to the Court for scheduling of a hearing at that time. r,/~~ ~ aW ~ Dat~`~ Dawn S. Sunday, Esquire Custody Conciliator MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner NICOLLE M. BROUGHER, Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION FOR COURT ORDERED UPDATE TO CUSTODY EVALUATION AND NOW, comes Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition for Court Ordered Update to Custody Evaluation, and in support thereof avers as follows: 1. Petitioner is William E. Brougher, Defendant in the above-captioned custody action. 2. Respondent is Nicolle M. Brougher, Plaintiff in the above-captioned custody action. 3. The parties were previously husband and wife having been married on October 29, 1994, having separated in February of 2000, and having been divorced on August 8, 2002. 4. Two children were born of this marriage, namely, William E. Brougher, Jr., born Apri123, 1994, and Zachary Wayne Brougher, born October 13, 1996. 5. Pursuant to this Court's Order dated June 15, 2005, the parties have shared legal and physical custody of the above-named children. 6. Petitioner filed a Petition for Modification on March 13, 2006, requesting primary physical custody of the aforesaid minor children. 7. A custody conciliation conference was held on May 2, 2006, before Dawn S. Sunday, Esquire. The parties were unable to reach an agreement as to the custody of the minor children. 8. Petitioner believes that it is in the best interest of the children for him to have primary physical custody of the minor children. 9. The last request to modify custody was filed by Petitioner over two years ago. 10. At that time, the matter went before Conciliator Sunday who then filed a Conference Summary Report on September 10, 2004, requesting that the Court direct that there be a custody evaluation performed in this matter. 11. Petitioner believes and, therefore, avers that the Conciliator saw the need for such an evaluation and therefore asked the Court to direct same in 2004. 12. The Court did so by Order dated September 16, 2004. 13. Such an evaluation was performed by Dr. Arnold Shienvold who then submitted a report to both parties and counsel. 14. After receipt of the report of Dr. Shienvold the parties were able to reach an agreement, which then became the basis for the Court's Order of June 15, 2005, referenced above. 15. Petitioner believes and, therefore, avers that the input of Dr. Shienvold was vital to the parties' ability to reach an agreement. 16. At this point in time, Dr. Shienvold last had any contact with the children well over a year ago. 17. The children have consistently told Petitioner that they desire to reside primarily with him. 18. Based upon statements made by Respondent at the recent custody conference, it is apparently her belief that they are telling her the same thing. 19. Petitioner believes that allowing the boys to meet with Dr. Shienvold for the purpose of assessing a) whether they have the strong desires attested to by both parties and/or b) whether those strong desires should be considered by the Court, would seriously aid in settlement of this matter. 20. Petitioner believes, and therefore avers, that such a process would go a long way to enabling these parties to avoid litigation. 21. As has been their position in the past, neither Respondent nor her counsel were agreeable to sending this matter back to Dr. Shienvold. 22. Petitioner believes and, therefore, avers that Respondent is taking this position because she was not happy with Dr. Shienvold's previous recommendations. 23. If the parties are correct, in that the boys are telling them both similar things, then sending the boys to speak with Dr. Shienvold may help everyone to have a better understanding of what is really going on with the children. 24. If, in fact, one party or the other is misunderstanding or misstating the position of the boys, then it would also be helpful to all involved for that to be determined. 25. Should the Court direct that this matter go back to Dr. Shienvold for either a mini- evaluation or for the sole purpose of meeting with the boys, Petitioner believes that there is a good chance that the case would settle and that the parties would have a better understanding of what their children are going through. 26. Petitioner further believes, and therefore avers, that the completion of an expedited mini-psychological evaluation and subsequent report and recommendation, would serve to dramatically move this case toward settlement or at least to narrow the issues for trial. 27. Furthermore, Petitioner avers that a Court ordered mini-psychological evaluation would assist the Court in determining custody arrangements providing for the best interest of the children. 28. Petitioner is willing to share equally, with Respondent, in the cost of a mini- psychological evaluation or Dr. Shienvold's meetings with the children. WHEREFORE, Petitioner respectfully requests that this Court enter an order directing that the parties and the parties' children submit to an expedited mini-psychological evaluation to be conducted by Arnold T. Shienvold, Ph.D. and directing Dr. Shienvold to deliver to the Court, and to the attorneys of record, copies of a report setting forth his findings, conclusions, and recommendations, or, in the alternative, directing the parties to cooperate in bringing the children to see Dr. Shienvold, for the purpose of determining their current positions and the reasons therefore. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 22, 2006 By: MARIA P. COG~i$TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Court Ordered Update to Custody Evaluation by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: May 22, 2006 By: MARIA P. COGN~'T~'I, ESQUIRE Attorney I.D. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner n ~.' p f-- ~_~ - t_~-. ~ ... ~ ~ ,` - ni _ _ -~= c~ ` - - ~_a ~; ~ _ ` t'; ~.. ._ J;t't ~ ~ irk _.~ t-~ ~~ Kr a ' MAY 3 ~ 10U6 BY:_ NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY RULE TO SHOW CAUSE AND NOW, to wit this day of , 2006, upon consideration of the attached Petition for Court Ordered Update to Custody Evaluation, a Rule is hereby entered upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE ~ DAYS FROM SERVICE. J. ~v O ~- ~~ ~ . C': c~ _.~ ~f.,_z ~ f i = : ~ ~~ ~ ~ cl.~ ~ N fJ NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CUSTODY EVALUATION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to Defendant's Petition: 1 through 4. Admitted. 5. Admitted. But, by way of further answer, Plaintiff states that such order was entered upon the agreement of the parties following extensive negotiations. 6. Admitted. By way of further answer, Plaintiff states that she has filed a cross claim seeking an award of primary physical custody of the children to her. 7. Admitted. 8. Although Plaintiff admits that Defendant may think that, she denies it is an accurate statement and believes that the best interest of the children will be to award primary physical custody to her or, as an alternative, to let the present order stand. 9. Admitted. However, that litigation continued until June of 2005 when the parties were ~I finally able to resolve the matter by agreement and as a result of significant concessions Plaintiff agreed to make at that time to avoid further litigation. -1- 10. Admitted. 11. Denied. Neither party truly knows the reason the conciliator recommended a custody evaluation but Plaintiff believes the conciliator did so because the matter had come before her repeatedly and the conciliator apparently felt that an evaluation would be better than simply scheduling a hearing. 12. Admitted. The Court did so, however, without any formal petition or hearing on the matter. 13. Admitted. Plaintiff states, however, that Dr. Shienvold's evaluation was not complete, in part because she and her husband at the time did not complete all the testing requested by Dr. Shienvold. As a result, Plaintiff does not believe that Dr. Shienvold ever had a thorough and complete report of his work. 14. Admitted. 15. Denied. Plaintiff agreed to change the custody arrangements contrary to her better judgment at the time because she wanted to spare herself and the children the trauma and upset of litigation or further evaluation in the case. She does not believe that Dr. Shienvold's report was helpful in reaching that agreement other than the threat it represented to Plaintiff and the children if litigation continued. 16. Admitted. 17. Plaintiff has no direct information about what the children may or may not have told Defendant because that information is within the exclusive knowledge of Defendant and so she -2- denies same and demands proof thereof at trial. By way of further answer, she states that she believes the children preferred to reside with her or to continue in the present custody arrangement and that they may tell Defendant whatever they believe he wants to hear because he frequently pesters them about his desire to change the current custody arrangement. 18. Denied. The children have not told Plaintiff they prefer to live with Defendant and, to the contrary, have told Plaintiff they prefer to be in her primary custody. 19. Denied. The children have been through enough custody litigation and evaluations and counseling and should be spared any further intrusions in their life. Plaintiff does not believe that a brief meeting or several brief meetings with Dr. Shienvold will enable him to determine their genuine desires any better than the Cour[ can make that determination if Defendant insists on this matter be taking to a hearing. The averments set forth in Plaintiff's New Matter are incorporated herein by reference. 20. Denied. Plaintiff will continue in his never-ending quest to have primary custody of the children regardless of what Dr. Shienvold puts in any evaluation report. 21. Admitted. The averments set out in Plaintiff's New Matter are incorporated herein by reference. 22. Denied. Although Plaintiff admits that she does not believe that Dr. Shienvold's recommendations made in 2005 were truly in the best interests of the children and she does not believe that his evaluation report was thorough and complete, her primary reasons for opposing ,. another evaluation at this time aze the reasons set forth in her New Matter which is incorporated herein by reference. 23. Denied. Sending the children to speak with Dr. Shienvold will not resolve anything because there will still need to be a hearing before the Court to decide Defendant's latest custody petition. Plaintiff incorporates herein by reference the averments set out in her New Matter. 24. Denied for the reasons set forth in the answer to Pazagraph 23 above and the averments in Plaintiff's New Matter, which are incorporated herein by reference. 25. Denied. Defendant does not believe the resolution of this case will be advanced by having Dr. Shienvold interview the children further. To the contrary, she believes that further meetings with or evaluation by Dr. Shienvold will be disruptive to the children for the reasons set forth in her New Matter, the averments of which are incorporated herein by reference. Plaintiff does not believe that Defendant will ever end his quest for full custody of the parties' children until the Court makes it clear that it will decide the issue and that Defendant will not obtain his way simply by hazassing conduct. 26. Denied for the reasons set forth in the answer to the foregoing pazagraphs and the averments in Plaintiff's New Matter, which are incorporated herein by reference. 27. Denied. Further meetings with Dr. Shienvold will not help this Court decide the case. Plaintiff incorporates herein by reference the averments set out in her New Matter. 28. Plaintiff admits that Defendant is willing to shaze the costs of such an evaluation but denies that an evaluation will be useful or beneficial. By way of further answer, Defendant states -4- that Defendant's income is many times that of Plaintiff and, if there is to be any costs assessed in this matter, Defendant himself should pay all of the costs. Moreover, it is Defendant who has requested the custody evaluation and Defendant, therefore, should bear the expense of it. WHEREFORE, Plaintiff prays this Court to dismiss Defendant's petition for a custody evaluation. NEW MATTER Byway of further answer, the Plaintiff sets forth the following New Matter. 29. This litigation has existed for approximately seven years and dates back to shortly after the parties' first separation. 30. Throughout the course of this litigation, it has been contentious and difficult. Defendant has repeatedly told Plaintiff and others that he will continue this litigation until both of his children reside with him, and he receives child support from Plaintiff. 31. Defendant's latest petition is one in a series of petitions in which he has attempted to obtain primary physical custody of the children. 32. Throughout the course of this litigation, Defendant has attempted to persuade the children to express a preference that they live with him. As a result of his frequent and, at times, constant efforts to persuade the children, he has upset, confused, and disturbed them to the point that they would prefer to have no further participation in the custody litigation between the parties. The children have stated to Plaintiff, without any inquiry by her, that they wish the order to remain the same and do not want any significant changes made to it. -5- 33. There has been at least one prior evaluation in this case and several prior involvements of the parties and, at times, the children with psychologists, counselors, and other professionals. The evaluation conducted by Dr. Shienvold and completed in 2005 involved a series of meetings with and interviews of the children. 34. The frequent evaluations and meetings with counselors have intruded upon the lives of the children azid upset them to the point where they have expressed a desire to have no further involvement with an evaluation. 35. The only real reason Defendant advances for him to have primary custody of the children is his claim that the children have expressed a strong preference to live with him. Plaintiff believes that the children have not expressed such a preference and that, to the extent that theyhave made any statements which the Defendant interprets to be an expression of their preference to live with him, such statements result from the constant pressure and hazassment that Defendant exerts upon and directs toward the children. 36. Plaintiff believes that her children are entitled to a stress-free youth without further intrusion into their lives by Dr. Shienvold or any other evaluator or counselor. 37. Plaintiff believes the only way this matter will be resolved is to have a hearing before the Court at which the Court can determine for itself what is in the best interests of the children and, if the Court deems it appropriate, discuss with the children their lives, their reactions to and perceptions of the current custody litigation, and any preference they may have as to the future custody arrangements for them. -6- i~ 38. Defendant has made it clear, by his conduct, that he will persist in his efforts to obtain custody of the children, regardless of the reports and recommendations of Dr. Shienvold or any other evaluator, until such time as the children live with him. For that reason, Plaintiff does not believe further evaluation will resolve this matter. WHEREFORE, for the reasons stated above, Plaintiff believes a further evaluation in this case will only intrude upon the privacy and the lives of the children and upset them unnecessarily without advancing the resolution of the case. Samuel Lam. Andes I Attorney for Plaintiff Supreme Court ID 17225 525 North 12~' Street Lemoyne, PA 17043 (717)761-5361 -7- I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1 S Pa. C.S. 4904 (unsworn falsification to authorities). DATE: Cv' ~Ca"Cx.o _ OLLE M. G R -8- CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: 20 June 2006 ~~.)(YI,Ua~(\ Amy M. arkins Secretary for Samuel L. Andes -9- .- i rv .i i~~ 'Yi ~~ . T Sf1 -r r~.` l f~ ~_ t _. _. i (. J :.~ rn n ~~ f ~ NICOLLE M. BROUGHER, Plaintiff Vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1494 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~D ~ day of , 2003, a divorce decree having been entered pr iously o August 8, 2002, and the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated December 19, 2002, the appointment of the Master is vacated. BY THE COURT, Ge g o P. . cc: ,/Samuel L. Andes Attorney for Plaintiff ~ 6m~A,p /Maria P. Cognetti , ~ 'I Attorney for Defendant ~ S a~ _30 -0 3 Iii ;-'~~ Of= - ~TAHY CUI+t~~L~;~1 U s~,r..,U~ffY PENIvSYL\~l~N'r~ 4 ~ y P ~~., i .. '\ 1 ,. ~ ~ 0 r t t PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~ , 200$., is by and between: ~ el l~ea2.,q~,¢,~, 'Z~m ~.-_ WILLIAM E. BROUGHER, SR., of 1 1 Fortuna Lane in Enola, Pennsylvania, hereinafter referred to as "Husband"; and NICOLLE M. BROUGHER, of 19 West Maplewood Avenue in Mechanicsburg, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 29 October 1994 and are the natural parents of two minor children: William E. Brougher, Jr., born 23 April 1994 and Zachary Wayne Brougher, born 13 October 1996 (hereinafter referred to as "children"1; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 97-1494 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Maria P. Cognetti, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 10 NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY. Matters relating to the custody of the children have previously been addressed by the parties in an action filed before the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 97-1494, in which various child custody orders have been entered. The parties agree to resolve their claims regarding legal and physical custody of their minor children by agreement or through that action and each of the parties reserves all of their rights and claims regarding the children which shall not be affected by this Agreement. 2. CHILD SUPPORT. Husband and Wife are currently parties to an action of support before the Court of Common Pleas of Cumberland County, Pennsylvania, filed to No. 234 S 1997 (PACSES No. 112102030) in which an order, dated 27 April 2000, obligates Husband to pay both child support and spousal support. The parties agree that that order shall be modified as follows: A. The spousal support provisions of that order shall terminate as of 4 December 2002. After that date, Husband shall havA no further obligation to pay spousal support, alimony pendente lite, or alimony to Wife. B. The child support provisions of the order of 27 April 2000, whereby Husband is obligated to pay support for the children in the amount of 5827.00 per month, with payments being due on or before the first day of each month, and the provisions of said order regarding medical expenses for the children (which obligate Husband to provide medical insurance for the chilren and to pay eighty 180%) percent of any unreimbursed medical expenses for the children in excess of 5250.00 per year, per child and obligate Wife to pay twenty (20%) percent of the unreimbrused medical Page 2 of 10 expenses in excess of S250.00 per year, per child) shall remain in full force and effect. C. Husband shall pay any and all arrears which exist under the said order no later than ~ SaDeser~ie~-3~ 3E15„~p The parties shall take whatever actions are reasonably required to implement the terms and provisions of this paragraph and to modify the existing child support order accordingly. The parties agree that future claims regarding support of the children between them shall be resolved by agreement or by the action in support now pending between them. 3. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. A 1999 ~ roe D sao T~F~c B. A 1995 Chevrolet Pickup Truck. C. Waypoint Bank checking account in the name of Husband's business. D. Waypoint Bank checking account in Husband's name. E. Waypoint Bank savings account in Husband's name. F. Waypoint Bank savings account in the joint name of Husband and his father, George Brougher. G. Northwestern Mutual Life Insurance Policy which insures Husband's life. H. A Gehl Skid Loader. I. All tools, both power and hand tools, and all equipment owned by Husband and used in his construction business. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30- days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such Page 3 of 10 assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 4. WIFE 'S RETIREMENT ACCOUNT. During the marriage Wife was employed by Holy Spirit Hospital and, during that employment, obtained a small retirement account with Fidelity Investments. The parties agree that Wife shall be the sole and separate owner of that account, or its proceeds, and Husband hereby waives, releases and reinquishs any claim to or interest in said asset and acknowledge it to be the sole and separate property of Wife. 5. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 6. GARAGE PROPERTY. The parties acknowledge that, during the marriage, they acquired ownership of real estate improved with a garage structure located on Zion Street in Enola, East Pennsboro Township, Cumberland County, Pennsylvania. Wife shall, promptly upon presentation of a Deed to be prepared by Husband's attorney, execute, acknowledge, and deliver that Deed to Husband or his attorney transferring all of her right, title, and interest in the property to Husband. With that conveyance, Wife waives any further claim to or interest in the property and Husband acknowledges that he shall be solely responsible for the property and shall pay and satisfy any and all debts, liens, expenses, or obligations arising out of his use, ownership, or occupancy of the property since the date of the parties' separation and shall further indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. Page 4 of 10 I~ 3 7. ESCROW ACCOUNT. The parties acknowledge that, following their separation, they sold their former marital residence at 71 Sherwood Circle in East Pennsboro Township and that the net proceeds of sale, after payment of expenses as agreed by the parties, were deposited into an interest bearing escrow account held by Wife's attorney. They further acknowledge that, as of 15 November 2002, the proceeds of that sale held in the escrow account had a balance of 573,356.34. The parties agree they shall divide and distribute the funds in that escrow account as follows: A. The sum of $73,159.00 shall be distributed to Wife. B. The sum of 5197.34 shall be distributed to Husband. C. Any remaining funds in the account shall be distributed so that Wife receives 55% of them and Husband receives 45% of them. The parties hereby expressly authorize and direct Wife's counsel to withdraw funds from the account, close the account, and distribute the funds in accordance with this paragraph, without any further authorization or direction from either of them. 8. DEBTS. Husband shall pay, and satisfy in strict accordance with their terms, the following debts and obligations: A. A bank card services credit card; and B. A Capital One VISA card~aaci.# N19 I- a~ilb 'y la'1O' atioa ~u,~d w ~~ -~ C. A loan owed to Waypoint Bank. secured by an encumbrance on the title to the 1999 Dump Truck;/~ nd CM.p~rv e{- 3SOO I~rr D. A loan owed to Gehl Credit Comp~Hy which encumbers the skid loader; and E. Any debts, liabilities, or obligations arising out of the ownership or operation of his construction business from the dates of the parties marriage, to the present. Further, the parties shall cancel and terminate the above credit cards and neither party shall make any further use or charges on those accounts. Husband shall further indemnify Wife from any loss, cost, or claim made against her as a result of his failure to pay and Page 5 of 10 satisfy the above obligations in accordance with their terms. Otherwise, parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 9. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 10. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar Page 6 of 10 with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 1 1. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in Page 7 of 10 i the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 13. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances. 14. CONCLUSION OF DIVORCE LITIGATION. The parties acknowledge that they have previously been divorced by a final decree entered by the Court of Common Pleas of Cumberland County in their pending divorce action. This agreement is intended by the parties to resolve all remaining property claims between them (excluding only claims for child custody and child support) without further ligation before the court. Accordingly, each of the parties shall cause their attorneys to file a Praecipe with the court withdrawing all pending economic claims and shall provide a signed copy of this agreement to the court to be filed in the case to evidence the conclusion and termination of those claims. Page 8 of 10 15. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. itn s WILLIAM . BR U R. I ~~ Page 9 of 10 • ~. COMMONWEALTH OF PENNSYLVANIA 1 SS.: COUNTY OF CUMBERLAND 1 On this, the ~~~day of ~°'h~~~ , 200 3 ,before me, the undersigned officer, personally appeared WILLIAM E. BRO GHER,~i. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND t.. y ommission xpire NOTARIAL SEAL Candith Y. Hill, Natnry Pub& Hp Commfnioa FYPtto N 78'~?A06 1 1 SS.: 1 On this, the / R* day of QecPm~r~ , 2002 ,before me, the undersigned officer, personally appeared NICOLLE M. BROUGHER known to me for satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ly,~ ~~~ MyMy Cor~sion Ex Tres: Page 10 of 10 . ;, .. ~ ~, `~ ~ NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 97-1494 CIVIL ACTION LAW WILLIAM E. BROUGHER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, Apri116, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sundsy, Esq. ,the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Tuesday, May 11, 2004 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Daavn S Sunday, Esq. mnc 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 ~-~~ ,~T~'~ ~ ' ;!~!n ~~~ ,'? ~? "`1 Ql~, a~L~hJ~ - ' ' a.'--li J±l ~~a ooh Aso-o~.~, ~o - o~~, I:\Client Directory\Brougher-W\pleadings\Petitiou for Modification o; ~ustody.wnd April 1, 2004 ~. ~. NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Conciliator, at the Pennsylvania, on the day of Esquire, 2004, at .m., for aPre-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 nazrow the issues to be heazd by the Court, and to enter into a temporazy Order. All children age five or older may also be present at the conference. Failure to appeaz at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DA BY: Custody Conciliator 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 I:\Client Directory\Brougher-W~pleadings\Petition for Modification of 9ustody.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 April 1, 2004 Attorneys for DefendanUPetitioner NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Defendant/Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Modification of Custody and in support thereof avers as follows: 1. Petitioner is William E. Brougher, who currently resides at 11 Fortuna Lane, Enola, Cumberland County, Pennsylvania. 2. Respondent is Nicolle M. Brougher, who currently resides 19 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. The parties are the parents of two (2) natural children, namely William E. Brougher, Jr., born Apri123, 1994 and Zachary Wayne Brougher, born October 13, 1996. 4. There is presently an existing Custody Order in this matter dated June 5, 2002. Said Order is attached hereto and marked as Exhibit "A." VERIFICATION I, WILLIAM E. BROUGHER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ~~ William E. Brougher DATE: `f ll ~D~ I:\Client Directory\Brougher-W\pleadings\Petition for Modification of Chstody.wgd April 1, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attomey for Defendant/ Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COCA Date: April 1, 2004 By: ~~ & ASSOCIATES MARIA P.'COGN~T~'I, ESQUIRE Attomey LD. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner fi~ ~ F~ ~ ~ 0 ~o ~ -~ r~ ~., `~ _~ o - -~ T, ~„ ~ C'; I "~ ~_ TI~^ ~ .."1 ! .i Q ~~' ~ ~ T"' -1~ .. i ~' NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. BROUGHER, DEFENDANT 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2004, the hearing currently scheduled for February 3, 2005, is cancelled and rescheduled to Wednesday, February 16, 2005, at 9:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar vl0laria P. Cognetti, Esquire vS~amuel L. Andes, Esquire sal ~~I ~ ~~-0`( p b ~,=.'ll~'F ~ ~ a ;~ ~~~II ~tl ('I /~f'~~ 6 i ~~ ~~~ ~- ~o;~ aaaz .~au,c,~~~~ioa~ ~w. ~o aa~~a~-a~~~ NICOLLE M. BROUGHER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, to wit, this 3 ~ ~ day of , 2005, the heazing currently scheduled for Wednesday, February 16, 2005, at 9:00 a.m. is canceled and fl. that matter is rescheduled for the ~ day of ~A , 2005, at ~~, ~.M. ~~~~ oa ~ o`~ Judge Edgaz B. Bayley, Jr. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 for Defendant/Petitioner NICOLLE M. BROUGHER, Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY ANSWER TO NEW MATTER AND NOW, comes Defendant, William E. Brougher, by and through his attorney, Maria P. Cognetti, and files the following Answer to New Matter and in support thereof avers as follows: 29. Admitted. 30. Denied. Defendant has previously proposed that the children reside primarily with him; however, he has not been contentious nor difficult and has, at all times, attempted to work with Plaintiff for the best interests of the children. 31. Admitted. By way of clarification, this is only the third petition filed by Defendant regarding custody of the children in the last seven (7) yeazs. 32. Denied. It is specifically denied that Defendant has attempted in any way to persuade the children or that the children are upset and confused. The children have come to Defendant and expressed, on many occasions, their desire to live with him on a full-time basis. 33. Admitted with clarification. There has only been one evaluation done by Dr. Shienvold which involved the children meeting individually with Dr. Shienvold only once. Plaintiff s contention that there have been numerous other meetings with psychologists, counselors and other professionals is untrue. 34. Denied. As stated above, the allegation that the children have had frequent evaluations and meetings with counselors is untrue. It is also unequivocally untrue that the children were upset by Dr. Shienvold. 35. Denied. It is denied that the only real reason Defendant advances is his claim that the children desire to reside primarily with him. Defendant advances six (6) reasons that the children should be in his primary custody including, but not limited to, the best interests of the children, the desires of the children, his ability to provide ample room and a nurturing atmosphere for the children, his fitness and availability as a parent, and the children's agitation about having to leave his custody. 36. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 37. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 38. Denied. Defendant has only made it clear that he has the best interests of the children at heart and will continue to try to do what is best for them. Defendant believes that an updated or mini evaluation by Dr. Shienvold will serve the children's best interest and will help to resolve the issue of primary custody. Defendant, despite not agreeing with every aspect of Dr. Shienvold's previous evaluation, followed the recommendations believing that they were in the best interest of the children at the time. WHEREFORE, Defendant requests that this Honorable Court grant the relief requested in his Petition for Custody Evaluations. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 7, 2006 By: Attorney LD. ~. 27914 ESQUIRE 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. Date: ~ ~'~ I ~ ln/~2~~1/ut~ l/~ William E. Brougher CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant, William E. Brougher, herein, do hereby certify that on this date I served the foregoing Answer to New Matter by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: 1 I~ l ~ 6 BY: ~ ~~r"''^-" MARIA . C ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ~_, ra [ n _ ~ _ ._-1 ~..7. T ~._ _ ~~ ~~ ~„ r.~ )7 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQU11tE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner NICOLLE M. BROUGHER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY ANSWER TO NEW MATTER AND NOW, comes Defendant, William E. Brougher, by and through his attorney, Maria P. Cognetti, and files the following Answer to New Matter and in support thereof avers as follows: 29. Admitted. 30. Denied. Defendant has previously proposed that the children reside primarily with him; however, he has not been contentious nor difficult and has, at all times, attempted to work with Plaintiff for the best interests of the children. 31. Admitted. By way of clarification, this is only the third petition filed by Defendant regarding custody of the children in the last seven (7) yeazs. 32. Denied. It is specifically denied that Defendant has attempted in any way to persuade the children or that the children are upset and confused. The children have come to Defendant and expressed, on many occasions, their desire to live with him on a full-time basis. 33. Admitted with clarification. There has only been one evaluation done by Dr. Shienvold which involved the children meeting individually with Dr. Shienvold only once. Plaintiff's contention that there have been numerous other meetings with psychologists, counselors and other professionals is untrue. 34. Denied. As stated above, the allegation that the children have had frequent evaluations and meetings with counselors is untrue. It is also unequivocally untrue that the children were upset by Dr. Shienvold. 35. Denied. It is denied that the only real reason Defendant advances is his claim that the children desire to reside primarily with him. Defendant advances six (6) reasons that the children should be in his primary custody including, but not limited to, the best interests of the children, the desires of the children, his ability to provide ample room and a nurturing atmosphere for the children, his fitness and availability as a pazent, and the children's agitation about having to leave his custody. 36. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 37. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 38. Denied. Defendant has only made it clear that he has the best interests of the children at heart and will continue to try to do what is best for them. Defendant believes that an updated or mini evaluation by Dr. Shienvold will serve the children's best interest and will help to resolve the issue of primary custody. Defendant, despite not agreeing with every aspect of Dr. Shienvold's previous evaluation, followed the recommendations believing that they were in the best interest of the children at the time. i 1; • l WHEREFORE, Defendant requests that this Honorable Court grant the relief requested in his Petition for Custody Evaluations. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 7, 2006 By: ESQUIRE Attomey LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 7 ~1 I (~ W/~~~1/1ff'1 William E. Brougher CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant, William E. Brougher, herein, do hereby certify that on this date I served the foregoing Answer to New Matter by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: ~ I ., ~ O 6 By. ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ~ r~n ~ > C..-. L!- `fi ~..'. ~:._. i- -n ~r . ~-. ^ __ ' -,~i O i :, :. ~ . i~'; < i ~_y,-i ~~ ri r~~ `n NICOLLE M. BROUGHER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM E. BROUGHER, DEFENDANT 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of July, 2006, the request of William Brougher for an updated custody evaluation, IS DENIED at this time. If the case goes to a hearing, and at the completion of that hearing, the court believes that an updated evaluation should be conducted in order to provide input necessary to resolve the dispute, it will be ordered at that time. By the Coyrt, Edgar B. Bayley, J. /Samuel Andes, Esquire For Plaintiff ~.f6faria Cognetti, Esquire For Defendant :sal ~~ 1~ o~ ,~g,0 y. ,'~ r; ,; -- ,_~t;- ' .. - ~a ~.., ,~ _ `_4 C~7 NICOLLE M. BROUGHER, PLAINTIFF V. WILLIAM E. BROUGHER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ day of August, 2006, IT IS ORDERED that a hearing on the merits shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Wednesday, November 29, 2006. By the Edgar B. Bayley, J. ~muel Andes, Esquire For Plaintiff tf9~aria Cognetti, Esquire For Defendant , :sal o`D o~ ,.' >- ~ ~, - .~ 4 ~ , a wrC' v_`c; ..~ jcs ,' SL7J ~ .:y ~Y YY ~S f~ CJ O N ~ NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 97-1494 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for emergency relief in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of two minor children, William E. Brougher, Jr., now age 12, born 23 April 1994 and Zachary Wayne Brougher, now age 9, born 13 October 1996. The children are the subject of an order entered by this court on 15 June 2005, a copy of which is attached hereto and marked as Exhibit A. 3. The current order requires the parties to share legal custody of the children and make all decisions, expressly including decisions regarding the religious education of the children, by mutual agreement. 4. Before the parties' separation, they agreed to raise the children in the Roman Catholic faith. To implement that decision, the parties have taken the following actions, both before and after their separation: A. They had both children baptized into the Roman Catholic faith. B. They enrolled the children in CCD classes commencing at the age of 6 and have had the children continuously enrolled in those classes since that time. As a result, the older child, William, is now in his seventh year of CCD classes and the younger child, Zachary is in his fourth year of CCD classes. C. They have told the children that they are Roman Catholic and have participated in church services and various other church activities at the St. Joseph's parish of the Roman Catholic church in Mechanicsburg, Pennsylvania. 5. Both boys are currently enrolled in CCD classes at St. Joseph's Church. Zachary's sessions are held on Monday evenings and, because she has custody of both boys on Monday evenings, Plaintiff is able to assure his attendance. William is enrolled in a class which meets on Wednesday evening, which is during the Defendant's periods of custody. Since the beginning of September, however, Defendant has failed to take the child to the CCD classes. 6. The continuation of William in the CCD classes is critical because this is the first of two years of conformation classes that he must complete before he can be confirmed and entered into the Catholic church. He is not permitted to miss more than a few classes and, if he does, he must repeat the year and his confirmation in the church will be delayed as a result. 7. The religious training and faith of the boys are important to them and to both of the parties. 8. Defendant has stated to Plaintiff that he will not take either boy to CCD classes further and that he has no intention of arranging William's attendance on Wednesday evenings when the child is in his custody. 9. Plaintiff requires immediate action by the court to prevent the disruption of the religious education and training of her minor son, William. Plaintiff believes that his continued absence from the classes, as a result of the Defendant's conduct, will cause him irreparable embarrassment and harm. 10. Action on this petition is urgent because the older child has already missed two sessions of his religious training and will be removed from the class if he misses more than two sessions from this point forward. WHEREFORE, Plaintiff prays this court to enter an order requiring Defendant to assure the attendance of both of the boys at their religious training classes at St. Joseph's Roman Catholic Church in Mechanicsburg, Pennsylvania in a timely and consistent manner. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ~~, ~`~ ~ Q(~ i~ `'' o` ?~' ' J ~ ~'` ~,~ 1vI ` OLLE M. OUG R CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: 1 ~~~~ 1 ~~ ~ Amy M. r ins Secre ary for Samuel L. Andes EXHIBIT A I "rz ~" t BY THE COURT, 'S J. " r` R~CE(VED JUN ~--- ~ ,141005 N[COLLE M. BROUGH~ER, ) IN THE COURT OF COMMON Plaintiff ) ~ PLEAS OF CUMBERLAND • ) COUNTY, PENNSYLVANIA vs. - } CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, ) Defendant ) IN CUSTODY ORDER OF COURT AND NOW this ~ day of 2005, the attached Stipulation for Custody is hereby adopted as the order of this court and all prior order`s are vacated. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Maria P. Cognetti, Esquire (Attorney for Defendant) 210. Grandview Avenue, Suite 102, Camp Hill, PA 17011 ,: ~ tir~~ ~,~~;~ik.. ~ ~ ~~~~~ s:€izY~ ~~~ ~~ ~~i ~.. ~, b ~I dil er_i~r.3" L:6f ~~.~C~riEilyy r~`"tC:,q /~•i t r f ~_~ - NICOLLE M. BROUGHER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA vs. ~ ) CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, ) ~ a Defendant ) IN CUSTODY ~ ' R ~ `c ~ r w STIPULATION FOR CUSTODY~~,~ ~, ~-,-; AND NOW this ~~a of 2005 th ti h f b d ~~ , y , , e par es a t e - r - advised of their rights by their respectiv counsel, and having the best interests~if tl~.r for children, William E. Brougher, Jr., born April 23, 1994 and Zachary Wayne Brougher, born October 13, 1996, in mind, do hereby agree and stipulate as follows: 't. The parties hereby agree to share legal custody of the minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day .care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share physical custody of the children on the following schedule: a. Mother shall have the children every Monday morning through Wednesday morning. b. Father shall have the children every Wednesday morning .through Friday morning. c. The parties shall alternate custody of the children on weekends, from Friday at 3 p.m. during. the school year and 5 p.m. during the summer, through ( L-. Monday morning. This shall begin with Mother having custody for the weekend of Friday, May 6; 2005. d. During the school year, the party having custody in the morning shall retain custody through 3 p.m. if there is no school on that day. e. During the summer, the party having custody in the morning shall retain custody through 5 p.m. on that day unless either or both children are attending any programs to which they would need to be delivered at an earlier hour. 3. Each party shat! have an uninterrupted seven day period for each month of June, July and August. Said seven day period shall be taken in conjunction with that party's regularly scfieduled~weekend custody. Each party shall give the other party a minimum of 30 days notice of the specific dates for such custodial periods. Mother acknowledges that Father has given her notice of his intended July period, which is Ju{y 22 through July 29, 2005. ~-: Mother shall have custody of the minor children on Mother's Day and Father shall have custody of the minor children on Father's Day. The custodial period ~on these days shall run from 9:00 a.m. through 9:00 p.m. 5. In odd numbered years, Mother shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m: and Father shall have custody on July 4th from 9:00 a.m. until after fireworks. In even numbered years, Father shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Mother shall have custody on July 4th from 9:00 a.m. until after fireworks. 6. In every year, the party who has custody of the children on Easter. Sunday under the regular schedule shall retain custody on Easter unti{ 2 p.m. and the other parent shall have custody of the children on Easter from 2 p.m. until 9 p.m. 7: lri every year, Mother shall have custody of the children on Thanksgiving Day from 9 a.m. through 2 p.m. and.. Father shall have custody of the children from. 2 p.m. through 9 p.m. ~-- ~- ~--- - 8.. For the Christmas holiday Mother shat{ have custody of the children from December 23 at noon through Christmas Day at noon. Father shall have custody of the children on Christmas Day at noon through December 27 at noon. 9. In every year, the party who would have custody of the children on New Year's Eve under the regu{ar schedule shall retain custody of the children through New Year's Day at 2 p.m. and the other party shall have custody of the children on New Year's Day from 2 p.m. through 9 p.m. 10. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 11. The parties agree that the party receiving custody of the children shall be responsible to provide trarisp~ortation for the exchange'of custody. 12. In the event that either party must work for more than two (2) hours during his or her time with the children, that parent shall advise the other parent, and give the other parent the first option to provide childcare during such work period. 13. The non-custodial parent at any given~time shalt have reasonable ongoing ~~ telephone access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the children return the telephone call. For purposes of this paragraph, reasonable telephone access shall mean one call per day to the other parent's home, while the children are with the other parent, and that call shall be placed before 8:30 p.m. to avoid interfering with the children's bedtime. Further, when the children are away from the home of the parent then having custody and do not return until 8:30 p.m. or later, the return call will not be made that day. 1.4. Each party shall keep the other advised of a current address and telephone .number. 15. Each party shall advise the other promptly of any illness suffered or injuries sustained by either of the minor children. 16. The parties shall communicate directly with each other regarding the minor children. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 17. The parties will not undertake or allow by any other person the poisoning of the children's mind against one of the other parties by conversation which includes any critical, hostile or condemning language, or in ariy way derogates the other party from extended family members. 18. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 19. Neither party shall attempt or condone any attempt directly or indirectly; by any artifice or subterfuge whafisoever, to estrange the minor children from the other•parent; or•ta- - - injure or impair the mutual love and affection of the minor children. At all times, each parent shall encourage and foster in the minor children a sincere respect and affection for the other parent, and shall not hamper the natural development of the children's love and respect for the other parent: ..~ . . 20. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the children's attendance at regularly scheduled activities and special events. 21. It is the intension of the parties that this Stipulation may. be entered as an Order of Court as if a fully hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. 22. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 23.. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this stipulation shall have the same full force and effect as if this matter had been tried and decided. 24: This Stipulation and Order of Court shall replace and supercede any existing _ , _,_.} custody arrangements between the parties. 25. This Stipulation and Order of Court sha11 continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 26. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. el L. Andes Attorney forPlaintiff Maria P. ogn t Attorney for Defendant icolle M. B ughe William E. Brougher CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: March 10, 2006 By: MA A P. COG TI, ES U Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717} 909-4060 Attorney for Defendant/Petitioner rZ r..~ _ --; ~,1 c; -~ ' O _ . ;l f i .., ~~~ '"' C T . (~ -. ~~ _~ ~- ~'~ i ~ ~ ~0f~6 _~.~ NICOLLE M. BROUGHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM E. BROUGHER, Defendant ORDER OF COURT CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY AND NOW this ~ day of ~ ~ar;~ , 2006, a conference with counsel is hereby scheduled in the above matter, to be held in the chambers of the undersigned, commencing at ~ 6 ~ o'clock ~ .m. on F~d~ the ~~ day of , 2006. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 ,~,wa. ~~ t Maria P. Cognetti, Esquire (Attorney for Defendant) / o , ~~ _ ~cx~(~ 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ~"} ~' C:7 ` r .... _...; ...._.. ' tl f._._ -u-~ f ~~ C... ...,,~ f.~ 4:3 ~-: NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. BROUGHER N0. 1997 - 1494 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 30T" day of OCTOBER, 2006, after consultation with counsel it is hereby ordered and directed that the children shall continue in their current CCD classes. It is further ordered and directed that mother shall arrange for the transportation to and from those classes. Edward E. Guido, J. v8'amuel L. Andes, Esquire ,,l'afaria P. Cognetti, Esquire :sld i ^~ r !'~ ~1 ~ ~ I l ~"~ 1- ~U$'~ 9~fl~ ~~.i i..._. _. _.J d~7 I:~Forms-MPC1b4SGUffidavit of Service (Merge).frm MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 November 8, 2006 Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 Civil WILLIAM E. BROUGHER, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of a Subpoena to Attend and Testify was served upon the Records Custodian, Holy Spirit Hospital, by certified mail, return receipt requested, on November 2, 2006. The original signed return receipt, Certified Mail Article No. 7005 0390 0005 2244 1682, is attached hereto and made a part hereof. MARIA P. COGNETTI & ASSOCIATES i Date: November 13, 2006 By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant -ti t! ~Oomplete tuns 1, 2, aft complete Nram 4 if fteshicted Delivery is desired. ^ Pfint your name and address on the reverse so that we can return the card to you_ ^ IVpach this card to the back o~ttie-mailpiece. a «, ttre wont ff apace permits. 1. ArtlCb AddrMeed to: ~ces ~~5~-0~~ 0.~ ~pl~ ~~ift~~f (-~oS~1~ 503 N , 2~ s`~5~cee~' Co,r~~ 1.1~ 11, P~- l -- o I 1 a X ~ Cv- ~ "°°"t o addt..eee a- ~~w nle-re~ c Date ~ ~r G -Z. D. deNrery add as dM'krerk fiom item 1? ^ Yee H YE3, errter delivery address t~elow: ~ "o 3. 7yrpe CertMed Mtdl O [5rprsse MaR v Fiepfetered v Ream Receipt for Mencl~erraw. v lrraxed ~ o c.o.D. a. Reetrlcted Deltieryt ~ reel ^ lrtea ~''~~°"""'ter 7005 0390 0005 2244 1682 (llrr~dM Aan aervloe rye/ -- P~ Form X11, F+sbrt~ary 2004 0onreMic Rerm wo.p ,asees~ae~+MS~o C") ~ `-`n G t" °=~" . ~" ,-~ ' - ~ "'E~~~t.' - v i ...i- a (~:1 rS ~ ~. . « ~ ;"S'"~ ;:~ {~~ rs`' ~ i ~ ~ . x (~5,. ~ ':1 ..,..', ~,..i ~. CO(~NE~ ~ ~SSOCI~TES Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 ~ Camp Hill, PA 17011 Telephone (717) 909-4060 ~ Fax (717) 909-4068 Email CognettiLaw@aol.com Maria P. Coglletti* Practice Limited to Matrimonial Law Todd C. Hough Attorney at Law Attorney at Law *Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers April 26, 2005 VIA HAND DELIVERY The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: BROUGHER v. BROUGHER Docket No. 97-1494 CIVIL Dear Judge Bayley: This letter is sent with regard to the Custody Hearing currently scheduled in the above-referenced matter for Thursday, May 5, 2005, at 9:00 a.m. In that regard, enclosed you will find a Memo on behalf of the father, Defendant William Brougher, as called for in your Order setting forth the original hearing date. Thank you for your attention to this matter. Very truly yo , ,' Maria P. ogn MPC/slf Enclosure Cc: Samuel L. Andes, Esquire (w/encl.) Mr. William E. Brougher (w/encl.) MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant RECEIVED APR 2 7 '""" RECEIVED APR 2 71~~ NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVII. WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant IN CUSTODY DEFENDANT'S MEMORANDUM REGARDING POSITION ON CUSTODY AND WITNESSES AND NOW, comes Defendant, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and submits the following Memorandum: I. BACKGROUND: Nicolle M. Brougher, Plaintiff (hereinafter referred to as "Mother"), and William E. Brougher, Defendant (hereinafter referred to as "Father"), were married on October 29, 1994. Two children were born of this marriage, namely, William E. Brougher, Jr., born April 23, 1994, and Zachary Wayne Brougher, born October 13, 1996. A Complaint in Divorce was filed on April 16, 1997, subsequent to the parties' initial separation. Following an attempt at reconciliation, the parties separated for the final time in February of 2002. A divorce decree was entered on August 8, 2002. Following the filing of the Complaint in Divorce, which contained a count for Custody, a Custody Order was entered on June 3, 1997. Said Order awarded the parties shared legal custody with primary physical custody to Mother and periods of partial physical custody to Father. A Petition to Modify Custody Order was filed on behalf of Mother on March 3, 2000. An Order of Court, was subsequently entered on May 16, 2000, which did not alter the status of legal or primary physical custody. Following an additional custody conciliation, an Order of Court, was entered, on November 14, 2000, to more clearly define a schedule to be implemented for Father's periods of partial physical custody. On November 6, 2001, Father filed a Petition to Modify Custody seeking shared legal custody, as well as shared physical custody, of the parties' minor children. A custody conciliation was held on January 23, 2002, which resulted in a Custody Conciliation Summary Report. Said report reported that the parties had been unable to reach an agreement and recommended that the parties voluntarily submit to a limited psychological assessment. Mother rejected the conciliator's recommendation for a limited psychological assessment. Because Father agreed with the custody conciliator's recommendation, he immediately filed a petition seeking acourt-ordered mini psychological evaluation. Said petition was filed with this Court on February 8, 2002. Following Mother's answer to said petition, the Court entered an Order on March 5, 2002, denying Father's petition for acourt-ordered expedited psychological evaluation until a custody hearing could be held whereby the Court would determine whether a psychological evaluation would be beneficial. Subsequent thereto, the parties reached an agreement which then became an Order of Court dated June 5, 2002. Said Order and agreement continued Mother's primary physical custody of the children and gave Father alternate weekends from Friday through Monday, every Wednesday through Thursday morning, four weeks in the summer and other times such as holidays, etc. On or about Apri16, 2004, Father filed a Petition to modify the custody arrangement. A custody conference was held on May 11, 2004, at which time the parties were unable to reach an agreement as to any modification of the current Order. Subsequent to the custody conference the parties entered into mediation. The mediation ended unsuccessfully when Mother failed to cooperate, and thereafter, on September 10, 2004, the Conciliator filed her report. The Court then entered an Order on September 16, 2004, setting this matter for hearing and directing the parties to submit to a custody evaluation. The custody evaluation is now complete and this matter is scheduled before this court for Thursday, May 5, 2005. II. POSITION WITH REGARD TO CUSTODY: When the parties separated, Father was in the process of building a small construction company, while at the same time attempting to adjust to his separation from his family. Since that time, Father has been successful at building his business to a point where he is able to employ enough employees so that his constant presence at the workplace is no longer required. In addition, Father has made a new life and is married to Sheri Kulp, now Sheri Brougher. Father and Sheri have a home where they foster a mature and loving relationship. Both children have a very good relationship with Sheri and enjoy her company. The children each have their own bedroom at Father's home, with their own separate clothing and toys. There are many children who reside within walking distance of Father's home, with whom the minor children have built friendships. Father is active in the childrens' school and extracurricular activities. He helps them with their homework and has been an assistant coach for the older child's T-ball team. Father has maintained a dialogue with school personnel at the children's school and has participated in the resolution of problems as they arise. Recently, Father was instrumental in getting Billy to attend Sylvan Learning Center which has been a huge help to Billy in learning better study techniques. The minor children have expressed a strong desire to spend more time with Father, a desire that Father shares. Father's typical work day commences at 8:00 AM and ends at 3:30 PM. In addition, due to the fact that Father owns the business, he is able to exercise whatever flexibility is needed to attend to the needs of the children. In fact, it is Father's position that he is more readily available to the children than Mother, as Mother appears to have her hands full dealing with her two younger children to her current husband. Father makes every effort to be a full-time Father in a part-time situation. He exercises, fully, his current rights to partial physical custody. Father has experienced situations where Mother has denied him information in an effort to prevent him from attending school events and sports activities. On one occasion, and with the encouragement of the teacher, Father went to the school of the parties' oldest child to join him at recess and observe his class. Mother became enraged, telling him he had no right to do that. Similarly, despite the fact that the parties share legal custody, Mother has instructed Father that he is not to communicate with the children's doctors. Mother makes every effort to interfere with the relationship between Father and the children. Father has also somewhat recently become aware that Mother is having serious problems in her current marriage. It appears to be an on again, off again marriage. When the marriage is off, Mother's current husband will complain to Father about the way Mother deals with Father's custody of the boys, often expressing a willingness to testify in support of Father. Father proposes that, in addition to sharing legal custody, he should now be granted primary physical custody of the boys. To that end, Father is committed to transporting the children to and from school each school day. Father believes that he can best care for the children and that his priorities enable him to assist the boys in growing into mature, respectful young men. Father will continue Billy in Sylvan because he knows how successful this program has been for the child. Father will continue to encourage the children to have a loving relationship with their Mother. III. ANTICIPATED WITNESSES: a. William E. Brougher -Father. b. Nicolle M. Brougher -Mother, as of cross. c. Sheri Brougher -Father's wife. d. George Brougher -George Brougher is the paternal grandfather of the children. e. Linda Brougher -Linda Brougher is the paternal grandmother of the minor children. f. Gary and Missy Dressler - Mr. Dressler is the Fire Chief and the Dresslers are next door neighbors of Father. g. Gwen Brougher - Ms. Brougher is the children's aunt and Father's sister. h. Steve Stilo - Mr. Stilo is the foreman at Father's construction business. He and his wife were friends with the parties prior to separation. They are now friends of Father and Sheri. i. Robert and Stacy Parnell -The Parnells have known Father for some time and Mr. Parnell was well acquainted with Mother. j. Ken Moore - Mr. Moore is an employee and friend of Father. k. Kyle Wagner - Mr. Wagner is an employee and friend of Father. 1. Mike and Gina Headley -Mrs. Headley is Father's sister and Mr. Headley works with Father. m. Matt Natale - Mr. Natale is a friend and neighbor of Father. n. Any other witnesses whose identity become known after the submission of this Memo, and whose identity will be shared with opposing counsel immediately upon such determination being made. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: Apri126, 2005 By: MARIA~P. C~C TETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Defendant's Memorandum Regarding Position on Custody and Witnesses by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: Apri126, 2005 By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 97 - 1494 vs. NO. CIVIL 19 WILLIAM E. BROUGHER IN DIVORCE Defendant STATUS SHEET DATE: I ACTIVITIES: n . r .-~1 ~ ~'r~' ~ ~/' w~ ~ ~ ~ M • - 0 ,U2 ~ ~ 'Gt, 1 ,u~ ( ~ ~~~ I i ~"l/1 ~V~ ~ ~O ~'~-~I,o~ a~ q~oo ~.~,. f ~-~ ~`f G~ ~~ ~/~ ja ~ _; ~', D o P. rr- ~~ 1~''LG,.~`~i...,ci.+t! C.G,..,,r...~,.,,, ~,`",~ ~,.,~~ ..-t,rrr~,c;,~,~•a,-~ -~.c:~e a,.l~~`i,.`~c°' NICOLLE M. BROUGHER, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 97 - 1494 CIVIL WILLIAM E. BROUGHER, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant DATE: Wednesday, May 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. r (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ " PENNA. ~~ ~ _;.~ ~ ~ = ]Vp, 97-1494 CIVIL TERM VERSUS WILLIAM E. BROUGHER, DECREE IN DIVORCE ,`( ~~~' ~-- AND NOW, a~~~° , IT IS ORDERED AND DECREED THAT NICOLLE M. BROUGHER PLAT NTl FF, AND WTT~T~TAM F_ BR(~TTGHRR 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; All claims raised of record in this bifurcated action / , ~~ ~ ~o~~'- ~ z'a~ b ~ SAMUEL L. ANDES ATTOENEY AT LAW 52B NOHTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 1'7043 TELEPHONE (717) 761-3361 28 January 2003 FAX (717) 761-1436 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Nico/% M. Brougher vs. Wi//iam E. Brougher No. 97-1494 Civil Term Dear Mr. Elicker: You were appointed Master to hear the economic claims in this matter several months ago. The parties have been able to resolve their differences without further proceedings before your office and we now wish to have your appointment vacated. I enclose the original copy of a Property Settlement Agreement they signed recently. Please file that with the court and file the necessary documents to have your appointment vacated. If you have any questions or need anything further, please contact me at your convenience. Sincerely, I L. Andes amh /Enclosure cc: Maria P. Cognetti, Esquire Nicolle M. Brougher NICHOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. 97 - 1494 CIVIL WILLIAM E. BROUGHER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES T0: Samuel L. Andes Counsel for Plaintiff Nicholle M. Brougher Plaintiff Maria P. Cognetti Counsel for Defendant William E. Brougher Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of December 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II October 21, 2002 Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Flicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter July 30, 2002 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 West Shore 697-0371 Ext. 6535 Maria P. Cognetti Attorney at Law 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 RE : Nicholle M. Brougher vs. William E. Brougher No. 97 - 1494 Civil In Divorce Dear Mr. Andes and Ms. Cognetti: Both counsel have certified that discovery is complete. Therefore, we will not be dealing with any discovery matters at the time of the pre- hearing conference and the case will be ready to go forward to trial if it cannot be settled. A divorce complaint was filed on March 24, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I assume that both parties will sign affidavits of consent or have been separated for a period in excess of two years. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file apre-trial statement on or before Friday, August 23, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- Mr. Andes and Ms. Cognetti, Attorneys at Law July 30, 2002 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. NICOLLE M. BROUGHER, Plaintiff VS. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 97 - 1494 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Samuel L. Andes Maria P. Cognetti Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 21st day of October 2002, at 2:00 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/3/02 E. Robert Flicker, II Divorce Master MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIItE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ~~'~~°2~ Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM E. BROUGHER, Defendant CIVIL ACTION -LAW N0.97-1494 CIVIL TERM IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT William E. Brougher, Defendant, by and through his attorney, Maria P. Cognetti, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS I. Background Information II. Listing of Mazital Assets and Debts III. Listing of Personal Property IV. Listing ofNon-Marital Assets V. Pensions VI. Income and Expenses VII. Counsel Fees and Costs VIII. Expert Witnesses IX. Non-Expert Witnesses X. Listing of Proposed Exhibits XI. Proposed Resolution I. BACKGROUND INFORMATION A. PARTIES HUSBAND Defendant NAME William E. Brougher ADDRESS 11 Fortuna Lane, Enola, PA 17025 AGE 29 DATE OF BIRTH January 10, 1973 PLACE OF BIRTH Harrisburg, Pennsylvania SOCIAL SECURITY NUMBER 190-62-7721 HEALTH Good EMPLOYER Self-employed OCCUPATION Contractor LENGTH OF RESIDENCY IN PA Since birth EDUCATIONAL BACKGROUND 3 years of college WIFE Plaintiff NAME Nicolle M. Brougher ADDRESS 19 West Maplewood Avenue Mechanicsburg, PA 17055 AGE 28 DATE OF BIRTH May 21, 1974 PLACE OF BIRTH Pennsylvania SOCIAL SECURITY NUMBER 165-56-8403 HEALTH Good EMPLOYER Weis Mazkets OCCUPATION Cashier LENGTH OF RESIDENCY IN PA Since birth EDUCATIONAL BACKGROUND Certificate in Accounting from York Technical Institute and 2 semesters at HACC B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Willliam E. Brougher, Jr. 7 4/23/95 Mother Zachary W. Brougher 5 10/13/96 Mother C. MARRIAGE INFORMATION DATE OF MARRIAGE 10/29/94 PLACE OF MARRIAGE Mechanicsburg, PA DATE OF FINAL SEPARATION February 25, 2000 CIRCUMSTANCES OF SEPARATION Husband left the residence D. PRIOR MARRIAGE WIFE 0 HUSBAND 0 E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE 0 HUSBAND 0 F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED 3/24/97 DATE OF SERVICE OF COMPLAINT Clocked-in 4/16/97 MANNER OF SERVICE OF COMPLAINT Acceptance of Service (by counsel) ISSUES RAISED IN DIVORCE Divorce, equitable distribution, alimony, COMPLAINT alimony pendente lite, counsel fees and expenses DATE AMENDED COMPLAINT None filed FILED ISSUES RAISED IN AMENDED n/a COMPLAINT DATE OF FILING OF ANSWER 4/4/97 AND/OR COUNTERCLAIM ISSUES RAISED IN COUNTERCLAIM Custody BIFURCATION -DECREE ENTERED 8/8/01 PREVIOUSLY RESOLVED ISSUES Custody, divorce II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION >> ~'>' .~ 1.A Garage $21,500.00 $21,500.00 Appraised Zion St., Enola 9/8/00 :.... x :........:.............:. :.~.:.:......................................... ......:::.::::::::::::::::::::::::::: :: .::::::::::.::.::.::::::..~ ::.::::::.::::::. ::::.::::::::.::::::::::::::::::::.~::.:.~: ::::::.::.:::::::.::::::::::::::::::::::: 2.A 1996 Chev. $12,959.00 $12,959.00 Traded by Pick-up Husband 8/28!00 for stated amount. 2.B Chevrolet Dump $17,000.00 $17,000.00 Appraised Truck 8/28/01. ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 3.A Fulton Bank $64,441.31 Proceeds escrow account plus growth from sale of (Counsel for marital Wife is escrow residence. agent) 3.B Harris Savings $9,733.87 $9,733.870 DOS Bank-Business balance. Not checking personal funds, used to pay salaries and business expenses. 3.C Harris Savings $656.23 $656.23 DOS balance. Bank-Savings (Husband) 3.D Harris Savings $1,098.19 $1,098.19 DOS balance. Bank-Checking (Husband) 3.E Harris Savings $8,153.35 $8,153.35 DOS balance- Bank-Savings owned jointly (Husband and by Husband Husband's and his father; father) closed by Husband's father 3/00. 3.F Harris Savings Unknown Unknown Information Bank (Wife) requested; not received ITEM NO. DESCRIPTION TOTAL VALUE HUSBAND'S POSSESSION WIFE'S POSSESSION COMMENTS 4.A Fidelity $335.77 $335.77 As of Investments 9/30/99; Retirement updated Savings (Wife's) information requested; not received. S.A Northwestern 0 Term. Mutual #198 S.B Northwestern $315.86 $315.86 As of 10/5/O1 Mutual #318 < ::....::......:.:.... :: ' fit 6A W.E.B. -0- -0- Asset values Contracting included elsewhere herein. 7.A Tools and $1,882.00 $1,882.00 equipment 7.B Skid loader $10,250.00 $10,250.00 DOS value. 7. C Household $11,100.00 $1,100.00 $10,000.00 Estimated furnishings DOS value. 7.D Household $750.00 $750.00 Appraised by appliances Wife 5/4/01. 8.A Chevy Blazer $4,918.53 $4,918.53 Husband retired Wife's lease. ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 8.B Bankcard $608.17 $608.17 DOS balance Services paid by Husband. 8.C Capital One $209.85 $209.85 DOS balance Visa paid by Husband. 8.D Hospital bills $1,071.67 $1,071.67 Bills incurred by Wife from non- compliance with insurance terms; paid by Husband. 8.E Skid loader loan $9,217.12 $9,217.12 Paid by Husband. 8.F Dump truck loan $20,764.40 $20,764.40 Paid by Husband. 8.G Wife's $764.09 $764.09 Wife's bills; household debt paid by Husband. 8.H Taxes and $2,063.84 $2,063.84 Expenses insurance on against jointly garage owned garage; paid by Husband. III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE Household furnishings $10,000.00 (estimated) Household appliances $750.00 ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Household furnishings $1,100.00 (estimated) Tools and equipment $1,882.00 Skid loader $1,033.00 (value minus debt) IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. Real Estate at 11 Fortuna Purchased post Husband and Sheri Lane, Enola, PA separation with non Kulp. marital funds. 2. 2001 Ford Pick-up Purchased post Husband. separation with non marital funds. 3 Tools and Equipment Purchased pre Husband. marriage and post separation 4 Any personal property Purchased post Husband. acquired post separation. separation. V. PENSIONS The following is a listing of the pensions of the parties: PARTY I DESCRIPTION Husband I None Wife ~ Fidelity Investments Retirement Savings VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income $3,466.67 Net Monthly Income $2,467.14 Monthly Expenses $5,188.94 Wife Gross Monthly Income Unknown Net Monthly Income Unknown Monthly Expenses Unknown VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT Husband Prior Counsel Fees 3/20/00-5/O1 $4,282.20 Counsel Fees 5/31/01-7/31/02 $14,405.55 Costs 5/31 /0l -7/31 /02 $116.00 Anticipated Fees and Costs $10,000.00 Wife Counsel Fees Unknown PARTY DESCRIPTION DATES AMOUNT Costs Unknown Anticipated Fees and Costs Unknown VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Real Estate Appraiser Value of garage A Pension Appraiser Value of Wife's retirement account Personal Property Appraiser Value of furnishings, tools and equpment Additional experts who may be called to testify are not known at this time. If such additional experts are retained, Defendant reserves the right to call them as witnesses upon proper notification to the Plaintiff. IX. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY William E. Brougher History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Nicolle Brougher, as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, Defendant reserves the right to call them as witnesses upon proper notification to Plaintiff. X. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Defendant's Income and Expense Statement 2 Defendant's Counsel Fees Statements 3 Defendant's 2000 W-2 Statements and tax return 4 Appraisal report (garage) 5 Trade-in allowance for 1996 Chevy pickup 6 McGuire Ford appraised value of 1999 Chevy dump truck 7 Payoff printout, at DOS, for dump truck 8 DOS statement for business checking account 9 DOS statement for Husband's personal checking account 10 DOS statement for Husband's personal savings account 11 DOS statement for Savings account held jointly by Husband and Husband's father 12 Statement for Wife's marital checking account 13 Wife's retirement savings statements 14 Fulton Bank Certificate of Deposit terms and conditions 15 Appraisal report of tools and equipment 16 Appraisal report of marital appliances 17 Documents verifying payment by Husband of Wife's GMAC lease NO. DESCRIPTION 18 Documents verifying payment by Husband of medical expenses incurred by Wife 19 Documents verifying payment by Husband of Wife's post separation debt. 20. Documents verifying expenses paid by Husband associated with the jointly owned garage. If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits upon proper notification to Plaintiff. XI. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION Defendant proposes that the parties each be awarded equal shares of the marital estate. B. ALIMONY Defendant proposes that there be no award of alimony. C. COUNSEL FEES AND COSTS Defendant proposes that the parties be responsible for their respective counsel fees and costs. Date: August ~~3 , 2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES i t MARIA P. C GNE TI ESQUIRE Attorney I.D. No. 279 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. W r ~ William E. Brougher DATE: ~~ ~~ a I UZ-- CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Defendant's Pre-trial Statement by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: August 23, 2002 By:/ G~ VV ~-~%~~/~- MARIA P. OGNE T & ASSOCIATES Attorney I.D. No. 279 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant r i ~ > ~~~z~'oy NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920.33(b): 1. ASSETS. Attached hereto and marked as Schedule A is the list of marital assets as known to Plaintiff/Wife. There no significant non-marital assets of which Wife is aware. 2. EXPERT WITNESSES. Wife anticipates that the parties will be able to agree upon the value of most assets withcut calling expert witnesses to testify. In the event they cannot, she would expect the following witnesses may have to testify as experts in the case. A. Areal estate appraiser to establish the value of the garage owned by Husband and used in his business and its reasonable rental value. B. A qualified appraiser of personal property to testify as to the value of the tangible furnishings, tools, equipment, and motor vehicles owned by the parties. Wife reserves the right to identify any additional expert witnesses that she feels are necessary to respond any expert testimony offered by DefendantlHusband in his case. 3. FACT WITNESSES. Other than herself, Plaintiff would propose to call as witnesses her father and mother, Mr. and Mrs. Wayne Willey. They will testify about financial assistance they gave Husband and Wife during the marriage, monies they are owed by the parties, about Wife's current financial and employment circumstances, and about related matters. Wife reserves the right to call additional witnesses as may be necessary to respond to testimony offered by Husband in his case. e J ~ Y 4. EXHIBITS. Wife proposes to offer into evidence the following exhibits: A. Tax returns filed by the parties and Husband's business for the past four or more years. B. Copies of bank statements and other documents to confirm the existence and balance in various bank accounts held by the parties at the time of separation. C. Statements showing the balance owed on various debts at the time of separation. D. Documents relating to funds advanced to the parties by her parents to assist them in purchasing and constructing their home. Wife reserves the right to offer such other exhibits as may be necessary to respond to Husband's case. 5. INCOME and EXPENSE STATEMENT. Wife is employed on a part-time basis as a grocery store clerk and earns, from that employment, substantially less than S 10,000.00 per year. She will file an Income and Expense Statement prior to the hearing which will accurately list her earnings and the expenses of her household for herself and her children. 6. PENSION INFORMATION. To Wife's knowledge, the parties own no pension or retirement benefits to be valued. 7. COUNSEL FEES. Wife has incurred significant attorney's fees during the course of this litigation and will make a claim for payment of all or a portion of those by Husband. She will produce, at the hearing, records about the fees and costs she has incurred and paid to date. 8. PERSONAL PROPERTY. The parties divided their personal property at the time of separation. Husband retained the majority of the items, by value at least. Wife expects the parties will be able to agree upon a value of the items in their possessions and stipulate to a credit to be issued to Wife because of the greater value of the items retained by Husband. 9. MARITAL DEBTS. Attached hereto and marked as Schedule B is a list of the marital debts as known to Wife. 10. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife believes that she is entitled to ~'~ more than 60 percent of the marital property because of the following factors: A. Her family made contributions to the finances of the parties during the marriage which they may not be able to recover and, as a result, she may not be able to receive in the form of future gifts or inheritances from her family. B. Wife has limited employment skills, training, and experience, and is not able to earn substantial income of her own. C. Wife is the primary custodial parent of the parties' children and that further limits her work ability and availability. D. Husband is well-established in a business and trade from which he earns significant income. Moreover, much of the benefit he derives from the ownership and operation of this business is not reflected on tax returns or other business records. In addition to the above, Wife proposes that she be awarded alimony in the amount of 5750.00 per month for an indefinite term. Sa u L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (7171 761-5361 ~_ , SCHEDULE A -MARITAL PROPERTY ASSET VALUE Cash proceeds of sale of $71,000.00 residence (held in escrow w/Fulton Bank) Small commercial garage 521,500.00 located on Zion Street in Enola Husband's business $16,703.87' checking account with Harris Savings Assn. (No. 900023953) Husband's personal $1,098.19 checking account w/Harris Savings Assn (No. 900014218) Husband's savings $656.23 account w/Harris Savings Assn. (No. 9000600020971 Funds held by Husband's $8,153.352 father in an account with his father at Harris Savings Assn. (No. 950010021) 1999 Chevrolet dump 528,000.00 truck (est'd) Skid loader used by 510,250.00 Husband in his business (est'd) DATE OF MARITAL AMOUNT OF VALUATION PORTION LIENS LIEN June, 2002 100% See Sch. See Sch. B B September, 100% None N/A 2000 known February, 100% None N/A 2000 known February, 100% None N/A 2000 known February, 100% None N/A 2000 known February, 100% None N/A 2000 known February, 100% See Sch. See Sch. B 2000 B March, 2000 100% See Sch. See Sch. B B 1This account should be increased by a deposit which was in process at the time of separation and which represented funds already earned and received by Husband's business. That deposit was in the amount of $6,970.00. zHusband transferred these funds out of the marital accounts at or shortly before the time of separation and placed them in an account in his father's name in an attempt to deprive Wife of them. The funds are marital property Miscellaneous items of 53,537.003 February, !~ business equipment and 2000 tools used by Husband ~ in his construction business Husband's 1996 512,959.00 February, Chevrolet pickup truck 2000 Miscellaneous items of 5750.004 May, 2001 household furnishings in possession of Wife Miscellaneous items of 52,000.00 February, personal property and (est'd) 2000 furnishings in Husband's possession Rental value for 56,000.005 31 August Husband's exclusive 2002 possession and use of the Zion Road garage from date of separation through hearing. 100% None N/A known 100% None N/A known 100% None N/A known 100% None N/A known 100% None N/A known 3This figure is based upon an appraisal Husband had done of the tools. Wife believes the appraisal, which is more than two years after the date of final separation, may not be accurate and she also believes it did not include all of the tools and equipment owned by Husband and used in his business at the time of separation. 4This is based upon an appraisal done by Chuck E. Bricker, Auctioneer, on 4 May 2001. SThis is calculated at the rate of $200.00 per month from the date of separation through the end of August, or 30 months. SCHEDULE B -MARITAL DEBTS DEBT AMOUNT Vehicle loan owed to $20,764.40 bank not known to Wife by Husband's business for the 1999 Chevrolet dump truck Loan owed to $8,367.61 unknown bank for the skid loader owned by Husband's business Remaining balance $4,200.00 owed on Chevrolet Blazer lease after return of vehicle DATE OF VALUE 7 February 2000 February 2000 July, 2000 MARITAL PORTION 100% 100% 100% Bankcard credit card $608.17 February, 2000 100% Capital One Visa $290.15 February, 2000 100% Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti* Attorney at Law 'rFellow, American Academy of Matrimonial Lawyers June 4, 2002 E. Robert Elicker, II, Divorce Master Curnberland County 9 North Hanover Street Carlisle, PA 17013 RE: BROUGHER v BROUGHER Our File No.: 237 Dear Master Elicker: Karen A. Sheriff Paralegal Candith Y. Hill Paralegal Enclosed please find Defendant's Certification that discovery is complete in this matter. Thank you for your attention to this matter. Very truly yours, ~~'~.~~ Candith Y. 1 Paralegal CYH/waw Enclosure cc: William E. Brougher (w/o enclosure) 210 Grandview Avenue, Suite 102 • Camp Hill, PA 17011 Telephone (717) 909-4060 • Fax (717) 909-4068 Email CognettiLaw@aol.com (_Q r~ ~0 v`E~ NICOLLE M. BROUGHER, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 1494 CIVIL WILLIAI~Y E . BROUGHER., Defendant IN DIVORCE T0: Samuel L. Andes Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant. DATE: Wednesday, May 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,- 1 (b) Provide approximate date whe;1 discovery will be complete and indicate what action is being taken to complete discovery. DISCOVERY IS COMPLETE. a ~- ~ DATE COUNSEL OR P NTIFF ( ) COUNSEL FOR D ENDANT (X) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOtJERY IS COAIPLEIE, ~-~ UiiKEC'I~vE TO `r'ILE YIiE`I'RIyL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SAMUEL L. ANDES ATTORNEY AT LAW 526 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNEI PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 25 July 2002 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Nicotie M. Brougher vs. William E. Brougher Dear Mr. Elicker: FAX (717) 761-1436 Enclosed is the discovery certification in the above case. I apologize for the delay in sending it to you. Maria Cognetti, Esquire, and I have been working on a few matters in the case and I believe we have now completed them to the point where we can proceed with pre-trial memos. Please set a date for us to file those. Sincerely, a L. Andes amh /Enclosure r NICOLLE M. BROUGHER, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 1494 CIVIL WILLIAM E. BROUGHER, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff Maria P. Cognetti Attorney far Defendant DATE: Wednesday, May 22, 2002 CER'I'iFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not corriple~e ili order to prepare the c~.se for trial and indicate whether there are any outstanding interrogatories or discovery motions. 0 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 24 DAT CO L FOR NTIFF (x ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS CO~iPI.~TE, A DIP-.ECTIVE TO FIj~E PR1r3~x~IAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. i,, •. NICOLLE M. BROUGHER, PLAINTIFF/RESPONDENT V. WILLIAM E. BROUGHER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of June, 2002, upon the agreement of the parties entered into in court, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) The mother, Nicolle M. Brougher, and the father, William Brougher, shall have shared legal custody of William E. Brougher, Jr., born April 23, 1994, and Zachary Wayne Brougher, born October 13, 1996. The parents will cooperate with the exchange of information regarding the health, education, religious training, and other significant aspects of the lives of the children. (3) The mother shall have primary physical custody of William and Zachary. (4) The father shall have the following periods of temporary or partial custody with William and Zachary: (a) Alternating weekends, commencing on Friday, June 14, 2002, from after school, when he will pick the children up at the mother's home, until Monday morning when he will return them to school, or if either of them does not have school, to 8:00 a.m. when he will return them to the mother's home. During the summer, these periods shall start at noon on Friday, and end at 9:00 a.m. on Monday. ~~ (b) Every Wednesday from after school, when he will pick the children up at the schools they attend, until Thursday morning when he will return them to school, or if either of them do not have school, to 8:00 a.m. when he will return them to the mother's home. During the summer, he will have the children every Wednesday from noon until every Thursday at noon. (c) Each parent will have the children for four uninterrupted weeks a year of vacation. Three of those weeks shall be during the children's summer vacation from school, and one week will be during the school year. During the week in the school year, the parent having the children shall be responsible to take the children to school and their other regularly scheduled activities, or to obtain proper school permission to have the children out of school for an educational trip. During all four weeks, the parent having the children shall not work so as to be with the children full- time. If the parent takes the children out of town for overnight or longer, that parent shall provide an address and working phone number where the children are to the other parent. These weeks shall include the regularly scheduled weekend of the parent exercising this vacation time with the children both during the summer and during the school year. Each parent shall give notice to the other by the 1St of May each year of the three weeks vacation period, and at least thirty days notice of the week to be taken during the school year. The three weeks of summer vacation shall be in non-consecutive weeks, with one in June, one in July, and one in August. (5) The parents shall share time with the children over holidays as set out in paragraph 2 of the order of November 14, 2000. That holiday custody schedule shall take precedence over the other provisions of this order. (6) In the event that either party must work for more than two hours during his or her time with the children, that parent shall advise the other parent, and give the other parent the first option to provide childcare during such work period. (7) The parties acknowledge that this schedule has been designed, and is intended to resolve the custody dispute between them at this stage in their lives and the lives of their children. For that reason they agree that neither of them will petition to modify this order for a period of two years from this date in the absence of a significant, major change in the circumstances of either parent or either child. Samuel L. Andes, Esquire For Plaintiff/Respondent Maria P. Cognetti, Esquire For Defendant/Petitioner :saa ,8' ~• -.J _ ~ ,,~ ".~ ;:. ., _.. ~ s~ Zg 2002 NICOLLE M. BROUGHER, Plaintiff/Respondent vs. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~.,c~-t.<. 2002, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: A Hearing is scheduled in Court Room #~~, of the Cumberland County Court House, on the ~ day of ~~- , 2002, at ~" Y S o'clock ~.m., at which time testimony will be take For purposes of this Hearing, the Father, William E. Brougher, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witness who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days before the Hearing date. cc• a P. Cognetti, Esquire -Counsel for Father ~uel L. Andes, Esquire -Counsel for Mother oPie9 a.~~ea p2-~ -0.2 C ~1C' ~~ ,: ..~ ~:;.~ r.~ ~. NICOLLE M. BROUGHER, Plaintiff/Respondent vs. WILLIAM E. BROUGHER, Defendant/Petitioner PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF William E. Brougher, Jr. Apri123, 1994 Mother Zachary Wayne Brougher October 13, 1996 Mother 2. A Conciliation Conference was held on January 23, 2002, with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Maria P. Cognetti, Esquire. 3. This Court previously entered an Order on May 16, 2000 under which the Mother has primary physical custody of the Children and the Father has partial custody on alternating weekends and during certain weekday evenings. The Father filed this Petition seeking additional periods of custody with the Children. The parties were not able to reach an agreement at the Conference and it will be necessary to schedule a Hearing. 4. The Father's position on custody is as follows: The Father proposed that the parties share having physical custody of the Children on an alternating weekly schedule. The Father indicated that the Children have been expressing a strong desire to spend more time with him. The Father believes he is in a better position at this time to have custody on an expanded basis as his work schedule is flexible. The Father was willing to comply with the Conciliator's suggestion that the parties obtain a limited assessment focusing on the basis for the Children's expressions of preference with regard to the custody schedule and the appropriateness of accommodating those preferences to some degree. In response to the Mother's rejection of this alternative, the Father indicated his intent to file a petition with the Court seeking a full custody evaluation. w 5. The Mother's position on custody is as follows: The Mother believes it is in the Children's best interests to enforce the May 16, 2000 Order which is currently in effect. The Mother alleged that the Father takes the Children to his construction work sites during weekends when he has custody, thereby exposing them to an unsafe and unsupervised environment. (These allegations were denied by the Father at the Conference). The Mother also stated that the Father does not comply with the exchange times set forth in the existing Court Order and often returns the Children as much as 45 minutes late. The Mother indicated that she was not interested in the expense and delay of a custody evaluation as she believes there is no basis to change the existing Order. The Mother's position is that if the Father wants more time with the Children, he should take time off from work during his periods of custody under the current Order. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. It is anticipated that the Hearing will require at least one-half day. Again, it is expected that the filing of Father's petition for a court ordered custody evaluation will be forthcoming. The Conciliator encouraged the parties to obtain counseling or other emotional assistance for the Children as it appears that the Children feel caught in the middle of the custody conflicts and are experiencing emotional difficulty as a result. i / ,~ Date Dawn S. Sunday, Esquire Custody Conciliator M+~~ Z~ ?1Jo Z MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 1701 I Telephone No. (717) 909-4060 Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant IN CUSTODY DEFENDANT'S MEMORANDUM REGARDING POSITION ON CUSTODY AND WITNESSES AND NOW, comes Defendant, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and submits the following Memorandum: I. BACKGROUND: Nicolle M. Brougher, Plaintiff (hereinafter referred to as "Mother"), and William E. Brougher, Defendant (hereinafter referred to as "Father"), were married on October 29, l 994. Two children were born of this marriage, namely, William E. Brougher, Jr., born Apri123, 1994, and Zachary Wayne Brougher, born October 13, 1996. A Complaint in Divorce was filed on April 16, 1997, subsequent to the parties' initial separation. Following an attempt at reconciliation, the parties separated for the final time in February of 2002. A divorce is currently pending. Following the filing of the Complaint in Divorce, which contained a count for Custody, a Custody Order was entered on June 3, 1997. Said Order awarded the parties shared legal custody with primary physical custody to Mother and periods of partial physical custody to Father. A Petition to Modify Custody Order was filed on behalf of Mother on March 3, 2000. An Order of Court, was subsequently entered on May 16, 2000, which did not alter the status of legal or primary physical custody. Following an additional custody conciliation, an Order of Court, was entered, on November 14, 2000, to more clearly define a schedule to be implemented for Father's periods of partial physical custody. On November 6, 2001, Father filed a Petition to Modify Custody seeking shared legal custody, as well as shared physical custody, of the parties' minor children. A custody conciliation was held on January 23, 2002, which resulted in a Custody Conciliation Summary Report. Said report reported that the parties had been unable to reach an agreement and recommended that the parties voluntarily submit to a limited psychological assessment. Mother rejected the conciliator's recommendation for a limited psychological assessment. Because Father agreed with the custody conciliator's recommendation, he immediately filed a petition seeking acourt-ordered mini psychological evaluation. Said petition was filed with this Court on February 8, 2002. Following Mother's answer to said petition, the Court entered an Order on March 5, 2002, denying Father's petition for acourt-ordered expedited psychological evaluation until a custody hearing could be held whereby the Court would determine whether a psychological evaluation would be beneficial. Father's November 6, 2001 Petition to Modify Custody is the subject matter for the hearing, scheduled for June 5, 2002. II. POSITION OF CUSTODY: When the parties separated, Father was in the process of building a small construction company, while at the same time attempting to adjust to his separation from his family. Since that time, Father has been successful at building his business to a point where he is able to employ enough employees so that his constant presence at the workplace is no longer required. In addition, Father has made a new life with Sheri Kulp. Father and Ms. Kulp, share a home where they foster a mature and loving relationship. Both children have a very good relationship with Ms. Kulp and enjoy her company. The children each have their own bedroom at Father's home, with their own separate clothing and toys. There are many children who reside within walking distance of Father's home, with which the minor children have built friendships. To the contrary, there are virtually no children in Mother's neighborhood with whom the parties' children can play. Father is active in the childrens' school and extracurricular activities. He helps them with their homework and is an assistant coach for the older child's T-ball team. Father has maintained a dialogue with school personnel at the children's school and has participated in the resolution of problems as they arise. Recently, Father acted as a chaperone on his son's second grade class field trip. The minor children have expressed a strong desire to spend more time with Father, a desire that Father shares. Father's typical work day commences at 8:00 AM and ends at 3:30 PM. In addition, due to the fact that Father owns the business, he is able to exercise whatever flexibility is needed to attend to the needs of the children. In fact, it is Father's position that he is more readily available to the children than Mother, as Mother has a daily obligation as a childcare provider to other peoples' children. In addition, Mother maintains apart-time position at Weis Markets. Mother's accusations that Father subjects the children to an unsafe and unsupervised environment by bringing them to his construction work sites, is simply not true. The childrens' safety is always foremost with Father, at all times. In any event, Father is prepared to offer testimony to refute any allegations that the children are present and/or unsupervised at construction sites. Father makes every effort to be a full-time Father in a part-time situation. He exercises, fully, his current rights to partial physical custody. Father has experienced situations where Mother has denied him information in an effort to prevent him from attending school events and sports activities. On one occasion, and with the encouragement of the teacher, Father went to the school of the parties' oldest child to join him at recess and observe his class. Mother became enraged, telling him he had no right to do that. Similarly, despite the fact that the parties share legal custody, Mother has instructed Father that he is not to communicate with the children's doctors. Mother makes every effort to interfere with the relationship between Father and the children. Mother has been inflexible with the current schedule and she is unwilling to consider allowing Father any additional time, even while she has to be at work. Father proposes that, in addition to sharing legal custody, the parties share physical custody by allowing the minor children to alternate periods of one week with each parent. He would also propose that one evening each week be scheduled so that the parent without physical custody at that time could have the opportunity to spend time with the children during the other parent's week of physical custody. To that end, Father is committed to transporting the children to and from school each school day. He is also committed to improving communication and his relationship with Mother in order to make shared physical custody a workable and viable solution. III. ANTICIPATED WITNESSES AND THEIR PROPOSED TESTIMONY: a. William E. Brougher -Father. b. Nicolle M. Brougher - Mother, as of cross. c. Sheri Kulp - Ms. Kulp resides with Father. d. George Brougher -George Brougher is the paternal grandfather of the children. e. Linda Brougher -Linda Brougher is the paternal grandmother of the minor children. f. Gary Dressler - Mr. Dressler is the Fire Chief and next door neighbor of Father and Sheri Kulp. g. Gwen Keyes - Ms. Keyes is the children's aunt and Father's sister. h. Steve Stilo - Mr. Stilo is the foreman at Father's construction business. He and his wife were friends with the parties prior to separation. They are now friends of Father and Sheri Kulp. i. Betsy Stilo -Mrs. Stilo is a friend of Father and the aunt to Sheri Kulp. She is also the wife of Steve Stilo. j. Gary Dubas - Mr. Dubas is the head coach of the older child's T-ball team. k. Mrs. Lavertue -Mrs. Lavertue is the second grade teacher of the parties' oldest son. She teaches at Broad Street Elementary School in Mechanicsburg School District. 1. Mike Dobson - Mr. Dobson was the next door neighbor to the parties prior to their separation. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May ~, 2002 By: MARIA P. COGN~T~'I, ESQUIRE Attorney LD. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Defendant's Memorandum Regarding Position on Custody and Witnesses by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: May ~, 2002 By: MARIA P. ~COGN)~T,TI, ESQUIRE Attorney I.D. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 97-1494 CIVIL TERM IN CUSTODY PLAINTIFF'S PRE-HEARING MEMORANDUM AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes and files the following Pre-Hearing Memorandum in this matter: 1. PARTIES' POSITION REGARDING CUSTODY. Defendant is the moving party here and he seeks an award of shared physical custody of the parties two children, William E. Brougher, Jr., age 8, born 23 April 1994 and Zachary Wayne Brougher, age 5, born 13 October 1996. Defendant apparently contends that he should have shared custody simply because he is the father of the children. Plaintiff's position is that the present custody arrangement should continue. She has been the primary care provider for both children since their birth and has arranged her work schedule so that she is with them on a daily basis. In fact, the only time she works is when the father has the children for his periods of temporary custody. She also wants the provisions of the current order enforced so that, when husband goes to work, the children are returned to her care. Husband, who operates a construction company, has taken the children to job sites under circumstances in which she feels the children are not safe. 2. WITNESSES. At this time, Plaintiff intends to call the following witnesses, other than herself: A. Her father and mother, Wayne and Paula Willey, who will testify about her care for the children and the father's habit of taking the children to construction sites when they are with him. B. Plaintiff's brother, Matthew Willey, who will also testify about the father taking the children to job sites and fire company calls when they are with him. .~ 1 ~+ ~._ 4 C. Deb Reidel, who will testify about the father taking the children with him on emergency ambulance calls. D. Julie Warhach, who will testify about the mother's relationship with and care for the children. Respectfully Submitted, S~nl~l L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant IN CUSTODY PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, William E. Brougher, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May a ~ , 2002 By: MARIA P. C GNE ,ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NICOLLE M. BROUGHER, Plaintiff v. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WEIS MARKETS Custodian of Records 5140 Simpson Ferry Road Mechanicsburg, PA 17055 Within twenty (20) days after the service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents~ertaining to the work schedule and/or scheduling of Nicolle M. Brougher. since the start of her employment with Weis Markets, to include but not limited to any computer records, and/or paper hard copies of the same. at: MARIA P. COGNETTI & ASSOCIATES, 210 GRANDVIEW AVENUE, SUITE 102, CAMP HILL, PENNSYLVANIA 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp HtI~I~PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant DATE: Seal of the Court BY THE COUI~~-~ By: (Prothonotary MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant : IN CUSTODY NOTICE TO: CUSTODIAN OF RECORDS (Weis Markets) You are required to complete the following Certificate of Compliance when producing documents or things to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, s certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on ,have been produced. Date: CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defenant herein, do hereby certify that on this date I served the foregoing Prerequisite to Service of Subpoena by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Date: May 29, 2002 By: MARIA P. COGNETTI & ASSOCIATES MARIA P!COGNF~`T~'I, ESQUIRE Attorney I.D. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant .., ~l ,y , . ~ ~t , re r fir r ~ - , .ti .._ ' \ 1 ~i ~ 1'. . , `.. .. 1 ""_ .+ _. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.97-1494 TERM 1997 WILLIAM E. BROUGHER, Defendant MOTION FOR APPOINTMENT OF MASTER AND NOW, ~~ ~ ~ , 2002, comes the undersigned attorney for the Defendant and certifies to the Court that the Bove action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters aze at issue between the plaintiff and the defendant: (X) Grounds for divorce; (X ) ( ) Support; (X) Alimony; ( ) (X) Equitable distribution of ( ) property; ( ) Alimony Pendente lite, Counsel fees; Paternity; Custody; Other Service of the complaint was made on the above named Defendant on Anril 10, 1997, through his attorney, Keith DeArmond, who filed an Accevtance of Service on Anril 16, 1997. (personal service, publication, etc.) An appearance on behalf of the Plaintiff has been entered by Samuel L., Andes, Esquire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: NONE BY THE COURT: -- AND NOW, ~ S~ , 2002, ~? /~ C~~C~t c.C.~ Esq., is hereby appoi d Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. tfl,~f`~~iti~nS~~l~~ t1 i ~6 ~ = 1 ~~~ Z ~~ ~~,~~,;;' ....~ti., .. a CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Motion for Appointment of Master by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: May ~, 2002 By: MARIA PlCOGrZ7g I, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ~', {~' a ^Tt i}';; ~~ i i .,.. -t:. ..^^ _, _ ,i r .. ; ~~, ~~ ~ . Cam':.' C. r ..q, . r ; ~ w~ J .. i. ~-` c ~ . ~`=~ --^ -~ --~ c~ NICOLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance on behalf of the Defendant, William E. Brougher, and accept service of the Complaint in divorce on his behalf and acknowledge receipt of a copy of the same. Keith B. and Attorney for Defendant /~, l Ill t 9,x'7 c: ~~' ~ r` _ ->f -~. ""° :~ _ .+ i 1~ ~ u ~` _ ~~f.~ ~'~ `' " ~y.r i' t "-t ' 1 T S f ~n . ~ G ~ > r'? ~ ACS ~j ~ % ` c " ~'--~ . . , ~, ~-: A}'~I L 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Nicolle M. Brougher, Plaintiff/Respondent No. 1997-1~2 1 ~ R y ~~ ~-~^- v. William E. Brougher, Defendant/Petitioner NOTICE 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 action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 4th Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717)240-6200 - ~~~7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Nicolle M. Brougher, No. 1997-1 ~'~ 9 ~{ Plaintiff/Respondent v. William E. Brougher, Defendant/Petitioner IN DIVORCE ORDER OF COURT AND NOW, this ~~'~' day of r~ ~ _, 1997, upon consideration of the attached Complaint in Custody, it is hereby directed that the parties and their respective counsel appear before ~ Est the conciliator at ,~ '~,~ t'1Qif1~-.,i~j~ on th ~-~d`ay of I~'1~ 199' at ;~~ ~.m, for aPre-Heanng ustody Conference. At such co erence, 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 this conference may provide grounds for entry of a temporary or permanent Order. Hearing to be held at BY THE COURT, Custody Conciliator ~`m) 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 Carlisle, PA 17013 (717)240-6200 ~~"'~JC58~-h ~,~,~ti:.r.,~ C n~tAa~~a, »~ ~w fr~:~i.LR J ~ 1 ~:.1 i~:_ ~~ n ~ n r-;-^ ~~~~~iJ`-l~~ 1i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW Nicolle M. Brougher, Plaintiff v. William E, Brougher, Defendant No. 1997- 1 ~ 9 `1 Cc,:;-~F ~.uti. IN DIVORCE ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. 7. Admitted. COUNTI 8. There is no response required. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce purusant to the Divorce Code of Pennsylavnia. COUNT II - EQUITABLE DISTRIBUTION 9. Admitted. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III -ALIMONY 10. Denied. 11. Denied. 12. Denied. WHEREFORE, Defendant prays this Honorable Court to deny Plaintiff an Order awarding Plaintiff from Defendant permanent alimony. COUNT IV -ALIMONY PENDENTE LTTE 13. Denied. 14. Denied. WHEREFORE, Defendant prays this Honorable Court to enter an Order denying the Plaintiff alimony pendente lite. COUNT V -COUNSEL FEES AND EXPENSES 15, Denied. 16. Denied. 17. Denied. WHEREFORE, Plaintiffprays this Honorable Court to enter enter judgment in Defendant's favor and against the Plaintiff. COUNT VI -COUNTERCLAIM CUSTODY 18, Paragraphs 1 through 17 are incorporated herein by reference as if they were set forth at length. 19. From the time of the birth of the parties' children, William E. Brougher, Jr. born April 23, 1995, and Zachary Wayne Brougher, born October 13, 1996, continuing until February 26, 1997, said children resided with both parents at 71 Sherwood Circle, Enola, Cumberland County, Pennsylvania. The Defendant left the aforementioned residence with said children on February 26, 1997 and currently reside at 741 Sunhaven Circle, Mechanicsburg, Cumberland County, Pennsylvania. 20. Plaintiff has not participated as a party, witness or in any other capacity in any other litigation concerning the custody of the same children in this or any other State. 21. Plaintiff has no information of any custody proceeding concerning the children pending in this or any other State. 22. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. relief. 23. The best interest of the children would be served by granting requested WHEREFORE, Plaintiff prays Your Honorable Court to grant primary physical and legal custody of the subject minor children to the Plaintiff. Respectfully submitted, Keith B. De ond, sq. Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I,D. No. 58878 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Nicolle M. Brougher, No. 1997-1492 Plaintiff v. William E. Brougher, Defendant IN DIVORCE CERTIFICATE QF SERVICE I hereby certify that I have served a true and correct copy of a Counterclaim via United States Certified Mail, Return Receipt Requested, upon the following: Nicolle M. Brougher 714 Sunhaven Circle Mechanicsburg, PA 17055 Date: ~ Q ~~- .x ~ /.t ~.c_~v Christina M. Werner, Secretary ~I ~ f, I, i ~'~, i i I ~ , I f ~ ~i ~ ,~ , I ~~ ~ ~~ ~',~ ~ , ~ i , ~ ~ ~ I , i , I ~~ I , ~ l ~' t' ~ "' "" ~ I ~ ~' II i I l ,~ , • , ~ i l f a I ~ , i ,! r I i : I ~ !~ f I I f ~~ 1 II I R i I ~ ~ i 1 3 ~ t ~ ~. ~ II ' ~ ~ { I~ ~ I it ~ ~ f! P I .~ ~I ~ i ~ I ~ ~ s I i I i i i ' ~ I ~ i ~ ' I i ~ i ~ , ,. i .. t , ~I1 I~ ~ t ~ I , I i ' I ~ f f ~ ~ ~ ~ ~ i ~ i I t ~ ~ i 1 ~ ' , I t R ~ ~ I i ~ I , $- ~ f f ; ~ I ~ ~ ! F i .~. ~ t~ ~ FFF ~ I ~ ~ ~ I ~ ~ i f i i , j ~ ~ ~ ~ ~ ~ I F ~ { t I j C II i~ I s ~ i i ~ 1 ? ~ i ~ ~ , ~~ f I ' ~ ~ ~ E~E 4 I ~ '. ~ , ~ S ~. ~ ~ ' ~ I ~ , ~ r I , ~ ~ ~ s I Fi ,, ` ~ ~ l ~ I ~ f I 1 I ~ I i I ( I E ~ :' N ~ i ~ i I I I I lil ( i ~ { ~ f I f i ~ ~ ~. i ~ ~ I , ', ~ ~ i~. I I I~ I }t I i ~I ' ~ ( F ~ i I ~ ~ I ,. ~ I ', ~~ ~ ~ i. I i ~ ~ i I ' i ~ f , t ~ I ~ i ,1 'il ~' I' ~ . 4 ~ ~ ~ ~ ~ ~ ~~ I ~' k I i , I ~ ~i i, i ~'. 1 ~ i I ~ i ,~ i ~ ~, III ; ~ ~ i i f I ~ I i 4 ii r ~ a ~ j ~~ I i ~ j ! {.i j: f f f , ~; ~ '~ I ~ ~~ I I ~ I ~, ~ ~~! i ~ i f i S ~ f i~ ~ I ~ f I I I ~ ~ ; ` f k , . I I " ~ i 3 I~ i ~ i j ~ ~ ' n 1 ~ i ~ ; ~ I I I t ! ' ~ ~ i , ~ 1 ~ w ~ ~ .~ -St~~r~ ~ 1G+ NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, CIVIL ACTION - LAW Defendant/Petitioner IN DIVORCE/CUSTODY ORDER 0~' OOURT AMID NOW, this upon consideration of the attached ordered and directed as follows: day of ,~ ~~_ , 1997 , Custody Conciliation Report, it is 1. The Mother, Nicolle M. Brougher, and the Father, William E. Brougher, shall have shared legal custody of William E. Brougher, Jr., born April 23, 1995 and Zachary Wayne Brougher, born October 13, 1996. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning May 24, 1997, from Saturday at 2:00 p.m. until Sunday at 7:00 p.m. In addition, the Father shall have custody of the Children for one overnight period during each week to begin on a weekday at 2:00 p.m. and end on the following day at 9:00 a.m. This weekday overnight period of custody shall be scheduled by the parties to coincide with the Mother's work schedule. The Father shall also have an additional weekday period of custody each week from 4:00 p.m. until 7:00 p.m. on a weekday selected by the parties. 4. The parties shall share or alternate custody of the Children on holidays as arranged by mutual agreement. 5. Each party shall notify the other party promptly of any emergencies concerning the Children which occur during his or her periods of custody. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order sh~>> ~~nrr„~_ J. cc: Keith B. DeArmond, Esquire - Counsel for Father, ~,` ~~,~Q, ~~3/9~ Samuel L. Andes, Esquire - Counsel for Mothe~t `~_U ~$. r ~) %; ~ ^_ ~ e% t' L " S ~-' ~l ~ l C. ii ..'- iff v- / - ~"., _ ~;~ U ~~ ,, .r NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHERr : CIVIL ACTION - LAW Defendant/Petitioner IN DIVORCE/CUSTODY C[IS'T0~5C CQ3CILIATION SI~iARY Rffi~ItT IN AQOOI21~'INCE WITH Ci~P~LAND QO[NJ.'Y RULE OF CML PROCEWRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME RATE OF' BIRTH CUIiREi~1TLY IN C~ODY OF William E. Brougher, Jr. April 23, 1995 Plaintiff/Mother Zachary Wayne Brougher October 13, 1996 Plaintiff/Mother 2. A Conciliation Conference was held on May 20, ].997 with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Keith B. DeArmond, Esquire. 3. The parties agree to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator 11 M~I2~ I`t NICOLLE M. BROUGHER, } Plaintiff } } vs. ) WILLIAM E. BROUGHER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 97-1494 CIVIL TERM IN DIVORCE/CUSTODY AND NOW, this ~~ day of ~Cl~ G~1 , 2000, upon consideration of the Petition filed in this matter, it is hereby directed that the parties and their respective counsel i ~! appear before ~,~-,,,(1 S, ~~ ,the conciliator, at ail ~ ~Qo ~ ,Pennsylvania, on ,the __I~ day i of , 2000, at . ? ~ o'clock g.m. for aPre-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 a temporary order. All children aged 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. 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, FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: {717) 240-6200 FOR THE COURT, BY ~ > CUSTODY CONCILIATOR ~ ~;~ r~ j ~~°. s ~i ~lPti~ri Il,~:(~~tJ~~ w ~..~ ~ ~ .iY ~{ v ~~ ~~~ F-~~ G ~ ~' ~ ~ u~ Ji~_ 4.' t 11 NICOLLE M. BROUGHER, ) Plaintiff ) ) vs. ) WILLIAM E. BROUGHER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN DIVORCE/CUSTODY AND NOW comes the above-named Plaintiff, Nicolle M. Brougher, by her attorney, Samuel L. Andes, and petitions the Court to modify its order of 3 June 1997 in the above matter, based upon the following: 1. The Petitioner herein is the Plaintiff, Nicolle M. Brougher an adult individual who resides at 71 Sherwood Circle in Enola, Cumberland County, Pennsylvania. 2. The Respondent herein is the Defendant, William E. Brougher , an adult individual whose current address and residence is not known. Mr. Brougher, however, is represented by Jason Kutulakis, Esquire, and can be contacted through his attorney. 3. The parties are the parents of two minor children, William E. Brougher, Jr., born 23 April 1994, and Zachary Wayne Brougher, born 13 October 1996. 4. The said children are the subject of an order of custody entered by this court on 3 June 1997, a copy of which said order is attached hereto and marked as Exhibit A. Said order, however, is no longer effective to resolve the problems between the parties regarding custody of their children, for the following reasons: A. After the entry of the order of 3 June 1997, the parties reconciled and resided together, with the children, for a period of more than a year; and B. The parties separated in late February of 2000 at which time the Defendant moved from the marital residence to a location not known to Plaintiff. Although Plaintiff does not know the details of Defendant's current living arrangements, she believes the Defendant does not have facilities to keep the children overnight; and 11 ~ f C. The children are older, the circumstances of the parties are different, and the schedule set in the order of 3 June 1997 is no longer appropriate to the parties. 5. Plaintiff seeks an award of primary physical custody of the children because she is the primary care taker, she has always made the home for the children, and she is in a better position to devote her full time and energies to the care of the children. WHEREFORE, Plaintiff asks this Court to modify its order of 3 June 1997, to give her primary physical custody of the children, and to set a realistic schedule of temporary custody for the Defendant when he has an appropriate place to exercise such rights. I L. Andes Attorney for Plaintiff/Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, PA 17043 (717) 761-5361 li - , COMMONWEALTH OF PENNSYLVANIA ) - SS.. COUNTY OF CUMBERLAND - NICOLLE M. BROUGHER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of her ~ knowledge, information, and belief. NIC LE M. BR HE Sworn to and subscribed before me this ~'t'h day of ~~~ , 2000. _ J Notary(~'ublic. iii. . NI~"M.IIOMtIEtl~, Malr~9-`P~ 1~~~a~aa . ~ _ . I32COLLE M. BROUGHERr IN THE COURT OF COMMON PLEAS OF PlaintiffjRespondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, CIVIL ACTION - LAW Defendant/Petitioner IN DIVORCE/CUSTODY IXtDIIt OF QOL]RT AND NOW, this ~ upon consideration of the attached ordered and directed as follows: day of ~~..~ _, 1997, Custody Cone iation Report, it is 1. The Mother, Nicolle M. Brougher, and the Father, William E. Braugher, shall have shared legal custody of William E. Brougher, 3r., born April 23, 1995 and Zachary Wayne Brougher, born October 13, 1996. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning May 24, 199?, from Saturday at 2:00 p.m. until Sunday at 7:00 p.m. In addition, the Father shall have custody of the Children for one overnight period during each week to begin on a weekday at 2:00 p.m. and end on the following day at 9:00 a.m. This weekday overnight period of custody shall be scheduled by the parties to coincide with the Mother's work schedule. The Father shall also have an additional weekday period of custody each week from 4:00 p.m. until 7:00 p.m. on a weekday selected by the parties. 4. The parties shall share or alternate custody of the Children on holidays as arranged by mutual agreement. 5. Each party shall notify the other party promptly of any emergencies concerning the Children which occur during his or her periods of custody. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual TRI~'~r~' ~er~R~iis Order shall control. In Testimony whcrraf, 1 bore unto set my hand BY THE COURT, and the seal of said Court at Carlisle, Pa. Phis .~.~?~:.... day of.....:, 19..`T.2.. ~'' J . ~,~ Prothdnotery cc: Keith B. DeArmond, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother ~~ . - s NICOLLE M. BROUGHER, Plaintiff/Respondent vs. WILLIAM E. BROUGHER, DefendantJPetitioner CIISTOUY ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX, PENNSYLVANIA LJO. 9?-1494 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ^II.IATION S~[~lARY REPORT IN AOOORDeANCE WITH O0[~Tl'Y RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAND IIATE OF BIRTH Q]RRIi~Tl'LY Il3 C{TS'i~OUY OF William E. Brougher, Jr. April 23, 1995 Plaintiff/Mother Zachary Wayne Brougher October 13, 1996 Plaintiff/Mother 2. A Conciliation Conference was held on May 20, 1997 with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Keith B. DeArmond, Esquire. 3. The parties agree to entry of an Order in the form as attached. /'~', , Date ~% ~' Dawn S. Sunday, Esquire" Custody Conciliator ~~ ~. ~ zao~ ~~ MAY 15 7~oa NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDffi2 OF' QOIIRT AUID NAT, this ~_ day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 3, 1997 is vacated and replaced with this Order. 2. The Mother, Nicolle M. Brougher, and the Father, William E. Brougher, shall have shared legal custody of William E. Brougher, Jr., born April 23, 1994 and Zachary Wayne Brougher, born October 13, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends, beginning May 19, 2000, from Friday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall also have custody of the Children every Wednesday from 4:00 p.m. until 8:00 p.m. and, during weeks following the Father's weekend period of custody, on an additional weekday evening from 4:00 p.m. until 8:00 p.m., with the specific day to be arranged by agreement of the parties. The Father's periods of custody under this provision shall be extended until 9:00 p.m. when there is no school the following day. 5. Each party shall be entitled to have custody of the Children for up to two non-consecutive weeks during each summer school break if the party takes vacation from employment during the weeks selected under this provision. Each party shall provide the other parent with thirty days advance notice of the dates he or she has selected for vacation custody. 6. The parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 7. Each party shall notify the other party promptly of any emergencies concerning the Children or injuries incurred by the Children during his or her periods of custody. i IA • M . NOV . 13 2000 NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER O~ OOORT AND NOW, this ~~ day of ~ , 2000, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of this Court dated May 16, 2000 shall continue in effect. 2. The parties shall share or alternate having custody of the Children during holidays as follows: A. CffitISTMAS: Over the Christmas holiday in 2000, the Father shall have custody of the Children from Friday, December 22 at 4:00 p.m. through Christmas Eve at 5:00 p.m. The Mother shall have custody from Christmas Eve at 5:00 p.m. through Christmas Day at 12:00 noon. The Father shall have custody on Christmas Day from 12:00 noon until 9:00 p.m. The Mother shall have custody of the Children from Christmas Day at 9:00 p.m. through December 31 at 4:00 p.m. and the Father shall have custody from December 31 at 4:00 p.m. through January 6, 2001 at 4:00 p.m. Beginning in 2001 and continuing thereafter, the Mother shall have custody of the Children every year from December 23 at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody of the Children every year from Christmas Day at 12:00 noon through December 27 at 12:00 noon. B. In every year, the Mother shall have custody of the Children on Thanksgiving Day until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. on Thanksgiving Day. C. NEW YEARS: Beginning in 2002, the party who would have custody of the Children on New Years Day under the regular custody schedule shall retain custody until 2:00 p.m. and the other party shall have custody of the Children on New Years Day from 2:00 p.m. until 9:00 p.m. D. EAS'1~.2: In every year, the party who has custody of the Children on Easter Sunday under the regular custody schedule shall retain custody on Easter until 2:00 p.m. and the other party shall have custody of the Children on Easter Sunday from 2:00 p.m. until 9:00 p.m. ~ ~ j_ ~,~J' ~i .! .'. ~;~ `~%%~ ~~ r~3 E. MEiyORIAL DiAY/J[7LY 4TS/`LABOR DiAY: In odd numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody on July 4th from 9:00 a.m. until after the fireworks. In even numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody on July 4th from 9:00 a.m. until after the fireworks. F. FATHHt'S D~fY/MO~tBER'S DAY: The Mother shall have custody of the Children on Mother's Day every year fran 9:00 a.m. until 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. After the Christmas holiday in 2000 the regular alternating weekend schedule shall resume with the Father having custody of the Children on Friday, January 12, 2001. 4. In addition to their 2 weeks of summer vacation custody every year, each party shall be entitled to have custody of the Children for an additional one week period during the year upon providing 30 days advance notice to the other party. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period. The non-custodial party shall be entitled to have a mid-week period of custody on Wednesday from 4:00 p.m. until 8:00 p.m. The party having fine period of extended custody under this provision shall provide transportation for the Children to school and all regularly scheduled activities. 5. For the alternating weekend periods of custody, the party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. The Father shall be responsible to provide transportation for all other exchanges of custody, unless otherwise agreed between the parties. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual,•consent, the terms of this Order shall control. BY THE COURT, B. cc: Samuel L. Andes, Esquire -Counsel for Mother Donald B. Owen, Esquire -Counsel for Father ~opa..~ ~7~"`" /l-/5~-00 R~s .- w ~ .. " NICOLLE M. BROUGHER, : Plaintiff : vs. • WILLIAM E. BROUGHER, ; Defendant PRIOR JLmGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9?--1494 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUS"1+OBY OONCILIATION SUMMARY Rffi~l7[rP IN A~ WITH C~ OOI~J.y RULE ~' CIYIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: KITE Off' BIRTH William E. Brougher, Jr. April 23, 1994 Zachary Wayne Brougher October 13, 1996 C[AZRH~TrLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on November 9, 2000, with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Donald D. Owen, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator NICOLLE M. BROUGHER 1N THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. • 97-1494 CIVIL ACTION LAW WILLIAM E. BROUGHER DEFENDANT IN CUSTODY AND NOW, Thursday, November 15, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, December 13, 2001 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 4$ hours prior to scheduled hearing. FOR THE COURT, By: /S/ Dawn S Sunda~t, Est Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 fi p ~~-3 ~'Qw ~ c~~ .~v3~ -- / p~ 3 I~l t r y~C~' ~ P'ti/ b`l~~v`It~1A$Nf~l~d ~U :C~! ~~t~ ~ 1 ~t~~ ~ s ~ ~_,:~~- .~~.~ r ~ NICOLLE M. BROUGI~R, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Conciliator, at the Esquire, Pennsylvania, on the day of , 2001, at .m., for aPre-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 the entry of a temporary or permanent Order. FOR THE COURT Dated: By: Custody Conciliator 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 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIItE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner NICOLLE M. BROUGHER, Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, who respectfully represents that on May 16, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached hereto as Exhibit "A". Petitioner files this Petition to Modify Existing Custody Order against Respondent, Nicolle M. Brougher, and in support thereof, avers as follows: 1. matter. 2. matter. 3. Petitioner is William E. Brougher, Defendant in the above captioned Respondent is Nicolle M. Brougher, Plaintiff in the above captioned On or about May 16, 2000, a Custody Order was entered with regard to the parties' minor children, William E. Brougher, Jr., born April 23, 1994, and Zachary Wayne Brougher, born October 13, 1996. Said Order gave Petitioner rights of shared legal custody and partial physical custody. 4. This Order should be modified for the following reasons: a) Petitioner is willing and anxious to spend additional time with his children. b) Petitioner's residence will provide ample room and a nurturing atmosphere. c) The children have expressed a strong desire to spend more time with Petitioner. d) The children become extremely agitated about having to leave Petitioner's custody. 5. The best interest and welfare of the children will be promoted by a modification of the present Order for the above reasons. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody by directing that both primary physical custody and legal custody be shared. Respectfully Submitted, Dated: l 3 Q ~~ ~~ Maria P. Cognetti~F quire Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. W c ~ William E. Brougher DATE: ~ l~/~Q/a / CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for the Defendant/Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October 31, 2001 By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner ~- ~k~ 0 P- 01f02f1994 06:17 9094068 NICOLLE M. BROt1~FRi plaintiff vs. Defindrnt : lYD IRHIr tJhis `~' day o! consideratia~ o! ttte arts Custody and diu+scted as follow: 1. Ztte prior Order of this court e replaced with this Order. 2. ~e bother, Nioolie M. Bcougl Brougher, shall haw shared legal custody April ?,3, 1994 and Zachary yvayne He~ot:gh parent shale, haw art equal a^ight, to be parent, to sake all ma jot non~wrgenc~r general wll-being including, but not li thou healthy education and religion. 3. Zfie Mother shall have primary 4, The Father shall have partial ph alternating weekend., beginning May 19, through Sunday at A t 00 p.m. fie P'atMc Children ewcy Me~r~esday fa'an 4:00 p.m. following the Father's rwolcand period of evening tram 4a00 p.m, until 8:00 p.m. arranged by agreearnt of the parties. undert this provision shall be extended t school the following dsy. 5. ffi'ad~ prrtty shall be entitled to up to two titre weeks doting party takes vacation lfroot e~apio~aent due: i provision. Esah panty shall peovide thl advance notia~ of the dates he or she has 6. Zt~e partiem ehall~ share oc ~ Children on holidays as arranged by mutual 7. HAah party shall ratify the emecg~enaiee ooncacnirg the Ct~iidren vc ii during hie oa: her periods o! aastody. ' COGNETTI & ASSOC. THE CJO~RT OE' OOMMCrI PL$AS Off' IHERLAND C'WNTY, PF1Hi~15YLVANIA 97-1494 CIVIL TERM 'IL ACTION -LAW WS~DY 200p, upon i "fit ie ordered June 3, 1997 is vacated and and the Father. William ~. wi111aar E. Brougher, Jr., born boon October 13, 1996. Each ~ercised poi»tly witt- the other isions affecting the Children's ,ed to, all decisions regarding custody of the Children. cal custody of the Children on i00, tram Friday at 4:00 p.m. call also have c~stady of the .1 8:00 p.m. e-nd, duri~ Weeks ~tody, on an additional weekday with the specific day to be ~ Father ~ s perior]s of custody ll 9:00 p.m. when there is no eve watody of the Children for ~dt summer echoal break if the ~ the Weeks selected under Chia other parent with thirty days ~leGted for vacation custody. ternate having custody of the rgreament. other party Promptly of any ~uriee incurzed ky the Children PAGE 02 61!'6~i'1994 66:17 9694668 8. In the event either party is t Child daritg his or hst period of Curtc that petty shall first cx~ntact the other provide cats for the Child before eontae 9. Gael for either pertY ~Y oa 31, 2000 to schedule an additional C necessary. 10. die Order i+s emend pulrmunnt Custody Conciliation C~onf~renoe. 74w p this CIr~1er bX sutual caveat. In the al of thin Order rhall control. COGNETTI & ASSOC. nilable to pzovido care for the far n 3 hour period or longer, rent to offer tha opportunity to third party caregivers. t the Conciliator before August Conciliation Conference if agreement of the parkisa at a may modifa- the praviaione of of rttUtua], consent, the tezTne 8Y 1~ CbC1RT~ cc: 8twtrl L. Andes, FapuiL^a -Counsel Doctald e. owns Frdc~ire -- Counsel ~ J, r Bay eye lyother J. PAGE ~? :. ,r; 11 .. ~ I1i1111~ li~ Ilia ....i. .. , .fir<.~.. ~t, ~+ ~ '!. ~~,CI.I ~r .4?,(~ MI5 _ l L~' ~t,~.: 1,. .~irrt„l1L,CY.l1...,... olt~onotery 01i'02/1994 06:17 9094068 NICOLLB M. Hi~UGf3Qt/ ; Plaintiff ; ve. WzLLIAM E. aROUG[wESt, c Defendant PRI~Q J~lu6Bt ~alr B. eaYley ~N Amca~~ Mae 1915.3-8/ the undersigned Custody Gbncil 1. The pertinent in~ormntion oor subjects of thin litigation is as fa11oW~ liill"E OA'!8 Ot 8~ williMn B. Brougher, ~7r. April 23, Zachary Nayne Brougher October 13. 2. A Canciliatim ConterQnoe yes following individuals ire attendance: Ttie her counsel, 9ertwel L. Andes/ ~rquire/ an with hi• aounee],, Donald B. Owes/ Faquire 3. ate parties agreed to entry of a --Date '~"` COGNETTI & ASSOC. THE BURT OF GL1M!'90N PL$AS OF IE~RLAI~ID OCxAV'1'Y/ PE~IIVSYLVANIA 97-1494 CIVIL TER!! n ACi`YCN - LAw CXISTODY PAGE `~4 ~A'X R[bE OF CMt p~CE~g :or eubmite the following report: the Children who are the QaiR~.LY IId ~iY OEr X94 Mother X96 Mother held on May 10/ 2000/ with the Bother, Nicolle M. Brougher, with the I?'ather/ Wi111am E. Brougher, Order in the form as attached. .7W RiO~ / Ooncili ~~ I ' ~ ( ~ j~ ~ ~ ~i Y ~ F i I ~i` V; R I' I j I i y, ,I ~ ~~ I , 1 ' ~h , ~ I ~ ~ ~ ~ ~ ~ ~) ~, i 4 I ,~ ~, i s G ± M r ~~ t~~~~ di n h ~~ 1 ~k ~ S i ~ C 91 I ~ f ~ ~ ~ ! ,~,, ,` ~', ; ~ !! I' ~. ~, ~' !~ I ~~ a ~, i I ~~~ I ~ ~; i ~I ~I ' 1', } I ~! ~ ~; 1 , ~ ~ ~ ~~ ~ + j i ~ # ±. 1 i' a ri ~... I ~ I~ ti ! ~ (~ i ~ '~~ i ~, I ~~ i ~: . ~~ `' d ! ~ , 1 1 4 i, `~ I al ~j ~~ ~ ~ I c I ( ~ ~:; ~~ i F 1 j I ' ~ 3 ~~ r i ~ NI s, i ~~ k f p ~ ~ ~ ( I *; ~ . ~ : + ~ ~ , ; i ~+ ;~ ~ I I I i u I p; B II6li f F I r 1 ~ {J , 1 ~I. ; 1 i ~ 1 1 I h '.. ~ ( ~I ',III', `s Iti i ~ ; r ~ I ~ ~ ~. ~ ~~ J j i ~~ I , .~ t ~~ 57; I ~ ~' i I ~ 3 I . a ~ I ` ~ ~ 9~ ~~ §~§jj !1 I ~, j L ' i ~ ' ~. 9 '!. , , ~ I ~ ~ ~ ++++ ~ ~ ~ ~. ~ . M i I i I NICOLLE M. BROUGHER, PlaintifflRespondent v. WILLIAM E. BROUGHER, Defendant/Petitioner AND NOW, to wit this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY ORDER day of , 2002, upon consideration of the forgoing Petition for Court Ordered Expedited Psychological Evaluation, it is hereby ORDERED AND DECREED that William E. Brougher, Nicolle M. Brougher, and the subject children shall contact Arnold T. Shienvold, Ph.D. at 540-1313 or Chrissy Hart, Ph.D., at the same number, for purposes of scheduling the necessary appointments for the completion of a psychological evaluation. Such contact shall be made within one (1) week of service of this Order. Expert is directed to deliver to the Court, and to the attorneys of record, a copy of a report setting forth the findings, all results of tests made, conclusions, and recommendations. FURTHERMORE, the costs of this evaluation shall be equally divided between the parties. BY THE COURT: J. NICOLLE M. BROUGHER, Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, to wit this ~ day of , 2002, upon consideration of the attached Petition for Expedited Court Ordered Custody Evaluation, a Rule is hereby entered upon Respondent to show cause why the~rjelief requested should not be granted. RULE RETURNABLE - l DAY FROM SERVICE. BY T~H,E COURT: , F /. i J,, J. ~~j~ '. '`J ~i ~ ~'- nr ~ ! _~~ s; CR ° MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for DefendantlPetitioner NICOLLE M. BROUGHER, Plaintiff/Respondent v. WILLIAM E. BROUGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1494 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION FOR COURT ORDERED MINI PSYCHOLOGICAL VALUATION AND NOW, comes Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition for Court Ordered Mini Psychological Evaluation, and in support thereof avers as follows: 1. Petitioner is William E. Brougher, Defendant in the above-captioned custody action. 2. Respondent is Nicolle M. Brougher, Plaintiff in the above-captioned custody action. 3. The parties are presently husband and wife having been married on October 29, 1994, and having separated in February of 2000. 4. Two children were born of this marriage, namely, William E. Brougher, Jr., born Apri123, 1994, and Zachary Wayne Brougher, born October 13, 1996. 5. Pursuant to this Court's Order dated May 16, 2000, Respondent has primary physical custody of the minor children, and the parties have shared rights of legal custody. 6. Petitioner filed a Petition for Modification on November 6, 2000, requesting shared physical custody of the minor children. 7. A custody conciliation conference was held on January 23, 2002 before Dawn S. Sunday, Esquire. The parties were unable to reach an agreement as to the custody of the minor children. 8. Petitioner believes that it is in the best interest of the children for him to share physical custody of the minor children for the following reasons: A. Petitioner is willing and anxious to spend additional time with his children. B. The children have expressed a strong desire to spend more time with Petitioner. C. The children become extremely agitated about having to leave the custody of Petitioner. D. Petitioner's residence will provide ample room and a nurturing atmosphere. E. Petitioner is self-employed and has the flexibility to work around the children's schedule. F. Petitioner believes, and therefore avers, that Respondent is making a conscious effort to alienate the children from him. 9. Due to the serious nature of the issues involved, Petitioner believes that it is vital to the determination of the children's best interest to have all parties involved participate in a mini psychological evaluation. 10. Petitioner believes, and therefore avers, that either Arnold T. Shienvold, Ph.D. or Chrissy Hart, Ph.D., both of the Riegler, Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, PA l7l l0, specialize in this area and are amply qualified to perform such an evaluation. 1 l . It was the recommendation of the Conciliator that the parties voluntarily engage the services of a qualified expert to perform an expedited mini psychological evaluation and for that expert to render a recommendation, based on his or her evaluation, as to what would be in the best interest of the minor children. 12. Petitioner asked Respondent, through counsel, to voluntarily participate in an expedited mini psychological evaluation. Respondent would not agree to voluntarily participate. 13. Petitioner believes, and therefore avers, that the completion of an expedited mini psychological evaluation and subsequent report and recommendation, would serve to dramatically move this case toward settlement or at least to narrow the issues for trial. 14. Furthermore, Petitioner avers that a Court ordered mini psychological evaluation would assist the Court in determining custody arrangements providing for the best interest of the children. 15. Petitioner is willing to share equally, with Respondent, in the cost of a mini psychological evaluation. WHEREFORE, Petitioner respectfully requests that this Court enter an order directing that the parties and the parties' children submit to an expedited mini psychological evaluation to be conducted by Arnold T. Shienvold, Ph.D. or Chrissy Hart, Ph.D., and directing Dr. Shienvold or Dr. Hart to deliver to the Court, and to the attorneys of record, copies of a detailed report setting forth the findings, results of all tests made, conclusions, and recommendations. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 8, 2002 By: Ge~'~ MARIA .COG T I, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ~ ~ William E. Brougher DATE: <~/p ~fb~ CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Expedited Court Ordered Psychological Evaluation by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: February 8; 2002 By: MARIA P. COGNI~T'T~, ESQUIRE Attorney LD. No. 27 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner N 6 V l ~~ O O a J (_- i ~F s `-' ~, : . ~~ a.7 ~'l . ,, NICOLLE M. BROUGHER, - IN THE COURT OF COMMON Plaintiff ! PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW ) ) NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, ) Defendant ) IN CUSTODY ANSWER TO DEFENDANT'S PETITION FOR PSYCHOLOGICAL EVALUATION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to Defendant's Petition: 1 through 5. Admitted. 6. Admitted, except that the Petition was filed in 2001, not in 2000. 7. Admitted. 8. The Plaintiff admits that Defendant makes such claims, but she denies that the claims are accurate or valid. To the contrary, she submits: A. Defendant does not spend the time with his children which is now available to him under the present order. B. To the extent that the children express that desire it is because of the manipulation and interference of the Defendant, which is not helpful to the children. C. The children become agitated any time there is a change in custody and they become at least as agitated when they must start periods of time with their father as they do at the end of those periods. D. Defendant's residence will not provide the nurturing and care that Plaintiff can provide and has provided for the children since their birth. -1- . E. Plaintiff admits that Defendant is self-employed but states that Defendant consistently works long hours, even when the children are with him. F. Plaintiff has made no effort to alienate the children from him and there is no evidence in this case or any such effort. Defendant's suspicions in this regard are unfounded. 9. Denied. The custody of the children is now as it has been throughout the separation of the parties. The children are thriving in the present arrangements and Defendant offers nothing to improve their situation in his request for shared custody. Other than Defendant's claim that he wants to have more time with his children, this case does not involve issue of a "serious nature." 10. Plaintiff does not believe a custody evaluation in this case is necessary or appropriate and believes that such an evaluation will only unnecessarily intruded in the lives of the parties and their children and upset the children. 11. The conciliator recommended that the parties see a counselor as a way to compromise the dispute before her. This case does not involve any significant psychological claims or issues and does not warrant the intrusion of a psychological evaluation. 12. Admitted. Plaintiff firmly believes that an evaluation will do nothing but intrude into and disrupt the lives of the children. 13. Denied. The issues in this case are the Defendant's relationship which his children and the efforts he makes to spend beneficial time with them, and the status of the children in the current custody arrangement. A psychological evaluation is not necessary, and will not be useful to the court, in making determinations about those matters. 14. Denied. The issues in this case are simple and straightforward and do not II involve any psychological issues or problems. A psychological evaluation is not necessary for the court to decide the case. -2- I ~ ~ , 15. Admitted. By way of further answer, however, Plaintiff states that such an evaluation is not necessary and will not be productive or beneficial. WHEREFORE, Plaintiff prays this court to deny Defendant's Petition for Psychological Evaluation or, in the alternative, to postpone any decision on that Petition until after the court takes testimony on the underlining custody action so it can determine whether psychological issues are present in the case which mandate such an evaluation. Sam L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t'' Street Lemoyne, Pa 17043 (717) 761-5361 -3- J VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that any false statements in this Answer are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:_~ NIC E M. BRO HER i CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pa 1701 1 Date: ~~//~.~~ Sam el L. Andes Attorney for Plaintiff C: ¢~: _ , , ` ~ °-~ C "~ ~~- __ .'<. ~1 ` -.. NICOLLE M. BROUGHER, PLAINTIFF/RESPONDENT V. WILLIAM E. BROUGHER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~`^ day of March, 2002, following a review of the Rule issued against Nicolle M. Brougher, and the answer filed thereto, the petition for a court ordered expedited psychological evaluation, IS DENIED at this time. If, following the hearing, the court feels that a psychological evaluation is necessary in order to fairly evaluate the case, it will be ordered at that time. By ~e Court, Edgar B. Bayley, J: ~5amuel L. Andes, Esquire For Plaintiff/Respondent aria P. Cognetti, Esquire For Defendant/Petitioner ~~~~~Z~ saa t ~ ,l i~.1~ ! . ,~ ~~.~ ~4r3 r'~ .. y .. ~~` NICOLLE M. BROUGHER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVIL WILLIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this~~ day of March, 2002, by agreement of counsel for the parties, it is hereby ORDERED and DIRECTED as follows: The heazing scheduled for May 30, 2002, at 8:45 o'clock a.m., shall be continued until June 5, 2002 at 8:45 o'clock a.m., at which time testimony will be taken. For purposes of this hearing, the Father, William E. Brougher shall be deemed the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each pasty's posi.ti.on on custody, a list of witnesses who arc expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days before the hearing date. cc: r1Vlaria P. Cognetti, Esquire -Counsel for Father ~ ~'~ ,8`amuel L. Andes, Esquire -Counsel for Mother R S / ~3-lg~da t ~.~ ° ° ~~ ,~ll~ 4j'.;~i ..,~f~ E r `~~~, /~~.^- , t l~y -'" ~. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant NICOLLE M. BROUGHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM E. BROUGHER, Defendant N0. 97-1494 TERM 1997 MOTION FOR APPOINTMENT OF MASTER AND NOW, m~ ~ 3 .2002, comes the undersigned attorney for the Defendant and certifies to the Court that the bove action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (X) Grounds for divorce; (X ) ( ) Support; (X) Alimony; ( ) (X) Equitable distribution of ( } property; ( ) Alimony Pendente lite, Counsel fees; Paternity; Custody; Other Service of the complaint was made on the above named Defendant on April 10, 1997, through his attorney, Keith DeArmond, who filed an Acceptance of Service on April 16, 1997. (personal service, publication, etc.) An appearance on behalf of the Plaintiffhas been entered by Samuel L., Andes, Esquire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: NONE BY THE COURT: P: AND NOW, ~ Sr , 2002, ~ ~ ~~~ ~~~~ .Esq., is hereby appo~ d Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. NICOLLE M. BROUGHER, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. BROUGHER, DEFENDANT/PETITIONER 97-1494 CIVIL TERM ORDER OF COURT AND NOW, this `~ day of May, 2002, upon request by counsel for plaintiff, unopposed by counsel for defendant, the hearing currently scheduled for May 16, 2002, IS CANCELLED. The hearing is rescheduled for Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., Wednesday, June 12, 2002. ,,, By t~~Cou y' ~~ Edgar B. Ba y, J. I Samuel L. Andes, Esquire For Plaintiff/Respondent Maria P. Cognetti, Esquire For Defendant/Petitioner :saa .~~ -~ . r ' 1Wtsb\family law\Client DirectorylBrougher-V(\pleadi~s\Pdition for Bifiucation.wpd 3/1/02 NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW N0. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, Defendant/Petitioner IN DIVORCE ORDER AND NOW, this f~'day of , 2002, upon consideration of the within Petition for Bifurcation, it is hereby ORDERED and DECREED that a hearing is scheduled for the ~, b~day of , 2002, atv~~ d o'clock ~.1.m. in Coumoom No. ~ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. ~.,~~ K ~o;G1L~. fl"~~es ~09 nefl J. t - ~~n. r~r ! .. ~ ,''a, ~~ ~. ~.~ . ,`, .. ... MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 TelephoneNo. (717) 909-4060 Attorneys for Defendant/Petitioner NICOLLE M. BROUGHER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.97-1494 CIVIL TERM WILLIAM E. BROUGHER, Defendant/Petitioner IN DIVORCE PETITION FOR BIFURCATION AND NOW, comes the Petitioner, William E. Brougher, the Defendant herein, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition for Bifurcation: 1. Petitioner is William E. Brougher, an adult individual, who currently resides at 11 Fortuna Lane, Enola, Pennsylvania, 17025. 2. Respondent is Nicolle M. Brougher, an adult individual, who currently resides at 19 West Maplewood Avenue, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on October 29, 1994, in Mechanicsburg, Cumberland County, Pennsylvania. The parties initially separated on or about February 26, 1997. 4. On March 18, 1997, Respondent filed a Complaint in Divorce. Said Complaint requested a divorce by reason of irretrievable breakdown under section 3301(c) of the Divorce Code. Said Complaint also sought equitable distribution, alimony, alimony pendente lite, counsel fees, and expenses. 5. On Apri14, 1997, Petitioner filed an Answer and Counterclaim to the Complaint in Divorce. Said Counterclaim contains a claim for custody. 6. The parties attempted a reconciliation but separated for a final time in February of 2000. 7. As of this date, the parties have been unable to settle various property issues, which are still outstanding. 8. The parties have been separated in excess of two (2) years and Petitioner no longer wishes to be married to Respondent. 9. A bifurcation of these proceedings would be in the best interests of the parties. 10. Neither of the party's property rights would be effected by a bifurcation of a divorce from the pending economic issues. 11. Petitioner agrees to waive the Deadman's Rule. 12. Petitioner believes and therefore avers that the advantages of bifurcation of this divorce action are substantially greater than the disadvantages for the following reasons: A. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives. B. Bifurcation of the divorce action will in no way prejudice, diminish, or impair Respondent's economic claims under the Divorce Code. C. Bifurcation will further the policy behind Pennsylvania's Divorce Code by making a legal dissolution of this marriage a means of effectively dealing with the realities of this matrimonial experience and by giving primary consideration to the welfare of this family rather than the vindication of private rights. 23 Pa.C.S.A. § 3102(a). D. Bifurcation of this divorce action will also separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal life are not held hostage to economic demands. WHEREFORE, Petitioner, William E. Brougher, requests this Honorable Court grant a bifurcation of the divorce from the pending economic issues. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES E' Date: March ~~ , 2002 By: MARIA P. OG I, ESQUIRE Attorney I.D. No. 4 210 Crrandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, William E. Brougher, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ` ~ William E. Brougher DATE: ,~ -,C~ D .2 \\NtsblFamily law\Clitmt Directory\Brougher-W~pleadings\Petition for Eifurca[ion.wpd 3(1102 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant/Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Bifurcation by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES Date: March %~., 2002 By: MARIA . COGN T I, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner ]~. C®~~~ ~ ~.ssc~c~~s Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti* Attorney at Law •Fe]low, American Academy of Matrimonial Lawyers July 26, 2002 E. Robert Elicker, II, Divorce Master ATTENTION: Tracy Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: BROUGHER v BROUGHER Our File No.: 237 Dear Tracy: Karen A. Sheriff Paralegal Candith Y. Hill Paralegal Pursuant to our telephone conversation this morning, with respect to my client's Certification that discovery is complete, I have reviewed our file and find that we did indeed complete and file a Certification on June 5, 2002. I am enclosing a copy of said Certification, along with a copy of the cover letter, which was used in filing the Certification with your office. Please let me know if there is anything further that you require. Very truly your Maria P. ogre MPC/waw Enclosure cc: William E. Brougher (w/o enclosure) 210 Grandview Avenue, Suite 102 • Camp Hill, PA 17011 Telephone (717) 909-4060 • Fax (717) 909-4068 Email CognettiLaw@aol.com ~.~. Igo ~®~~~ ~ A~~®c~A~~ Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti* Karen A. Sheriff Attorney at Law Fatategai *Fellow, American Academy of ~ Candith Y. Hill Matrimonial Lawyers Paralegal 3une 4, 2002 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Cazlisle, PA 17013 RE: BROUGHER v. BROUGHER Our File No.: 237 Dear Master Flicker: Enclosed please find Defendant's Certification that discovery is complete in this matter. Thank you for your attention to this matter. Very truly yours, Candith Y. 1 Paralegal CYH/waw Enclosure cc: William E. Brougher (w/o enclosure) 210 Grandview Avenue, Suite 102 ~ Camp Hill, PA 17011 Telephone (717) 909-4060 • Fax (?17) 409-406$ Email CognettiLaw@aol.com NICOLLE M. BROUGHER, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 97 - 1494 CIVIL WILLIAM E. BROUGHER, Defendant IN DIVORCE TO• Samuel L. Andes Attorney for Plaintiff Maria P. Cognetti ,. Attorney for Defendant DATE: Wednesday, May 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b} Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DISCOVERY IS C70NNlPLE7:~. d ~ ~ u ~~~1 DATE COUNSEL OR P NTIFF ( } COUNSEL FORD ENDANT (X) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO PILE Yi2ETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 1~~ Igo ~®~~~~ ~ ~l~~~cg~~~~ Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti* Attorney at Law •Fellow, American Academy of Matrimonial Lawyers August 23, 2002 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: BROUGHER v BRDUGHER Our Fite No.: 237 Dear Master Elicker: Karen A. Sheriff Paralegal Candith Y. Hill Paralegal Pursuant to your directive, dated July 30, 2002, I am enclosing an original copy of the Pre-Trial Statement being submitted on behalf of Defendant, William E. Brougher. It is my understanding that upon receipt of the Pre-Trial Statement you will schedule a Prehearing Conference to discuss the issues and, if necessary, schedule a hearing. Please feel free to contact me if there is anything further you require. Very truly yo s, Maria P. gnett' MPC/waw Enclosure cc: Samuel S. Andes, Esquire (w/enclosure) William E. Brougher (w/enclosure) 210 Grandview Avenue, Suite 102 • Camp Hill, PA 17011 Telephone (717) 909-4060 • Fax (717) 909-4068 Email CognettiLaw@aol.com SAMUEL L. ANDES ATTORNEY AT LAW 528 NORTH TWELFTH STREET P. O, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5381 FAX 28 August 2002 (717) 781-1435 E. Robert Elicker, I1, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Brougher vs. Brougher Dear Mr. Elicker: Enclosed is Plaintiff's Pre-Trial Statement in the above matter. Please schedule apre-trial conference at your early convenience so this matter can proceed. Thank you for your cooperation. Sincerely, Sa L. Andes le Enclosure cc: Maria P. Cognetti, Esquire Mrs. Nicole Brougher a NICOLLE M. BROUGHER, ) Plaintiff ? vs. ) ) WILLIAM E. BROUGHER, ) Defendant ) .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97- /'~g~ CIVIL TERM tN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 the 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 at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 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. lF 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, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (7l7) 240-6200 1 ~, .. . w NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant } IN THE COURT OF COMMON } PLEAS OF CUMBERLAND COUNTY, } PENNSYLVANIA } CIVIL ACTION -LAW N0. 97- /'yp'Y CIVIL TERM } } IN DIVORCE NOTIGE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d} of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counse{ors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this {ist. AI{ necessary arrangements and the cost of counseling sessions are to be borne by you ~ and your spause. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 .. NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97- ~'~g'y CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, NICOLLE M. BROUGHER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is NICOLLE M. BROUGHER, an adult individual who currently resides at 714 Sunhaven Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM E. BROUGHER, an adult individual who currently resides at 71 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this ~ Complaint. 4. The Plaintiff and Defendant were married on 29 October 1994 in Mechanicsburg, ~ Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff f may have the right to request that the Court require the parties to participate in counseling. COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. 3 ._ ~ COUNT II -EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring fiult disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III -ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 1 1. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV -ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. 4 .. COUNT V -COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately {itigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ~~ NICOLLE~R11. BR UG R Sa L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 5 . t MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ..+ AUG~ 2002 Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM E. BROUGHER, Defendant CNIL ACTION -LAW N0.97-1494 CIVIL TERM IN DIVORCE ORDER AND NOW, to wit, this day of ~ ~ , 2002, upon consideration of the attached Stipulation for Bifurcation, it is hereby ORDERED and DECREED that: l . The divorce action is bifurcated from any ancillary economic claims; 2. The parties are divorced from the bonds of matrimony; 3. The terms of the Stipulation for Bifurcation are incorporated by reference in this Order; 4. This Court retains jurisdiction over any claims raised by the parties to this action for which a final order has not yet been entered. BY THE COURT: /~ f '~ ~i ,tj "~ J. ~.. ti, _~ ~~ ~1~ ~~i"~`~,~,S1~dI`~~cl ~~~~~~ 1~~'~. .; :.:; - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.97-1494 CIVIL TERM WILLIAM E. BROUGHER, Defendant iN DIVORCE STIPULATION FOR BIFURCATION AND NOW, comes William E. Brougher (hereinafter referred to as "Husband") and Nicolle M. Brougher (hereinafter referred to as "Wife"}, who file this Stipulation for Bifurcation and state as follows: WHEREAS, Husband and Wife were married on October 29, 1994; and WHEREAS, the parties separated on February 22, 2000; and WHEREAS, Wife filed a Complaint in Divorce on March 18, 1997 under §3301(c) of the Divorce Code; and WHEREAS, Husband filed an Answer and Counterclaim to Complaint in Divorce on April 4, 1997; and WHEREAS, Wife's Complaint raised claims for equitable distribution, alimony, alimony pendente lrte, attorneys fees, and costs; and . ~ ~ y ~ ,' ' ; ~_r WHEREAS, both parties acknowledge that the marriage is irretrievably broken and desire the entry of a bifurcated Divorce Decree. NOW, THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: 1. The parties hereby agree to promptly request that a bifurcated divorce decree be entered by this Honorable Court and that the Court retain jurisdiction over any and all economic claims which have been raised in this action and for which a final order has not yet been entered. 2. The parties agree that all economic issues between them shall survive the Divorce Decree. The economic rights of the parties shall not be impaired or diminished by the death of either party. 3. The parties agree that until final economic resolution, neither party shall alienate, assign, conceal, convey, dissipate, encumber, hypothecate, pledge, secret, transfer or otherwise dispose of any marital property. 4. The parties agree that if either of them remames prior to final economic resolution, the marrying party shall enter into a premarital agreement with his or her intended spouse in which the intended spouse shall waive any and all rights to marital property of the parties. 5. Each party hereby waives, on behalf of his or her estate, the provisions of the Dead Man's Statute in the event of his or her death prior to final resolution of all economic claims raised in the divorce action. 6. All marital property of the parties shall be held in custodies legis after entry of the Divorce Decree, including any and all rights which Wife may have under the Retirement Equity Act of 1984. Husband shall take whatever steps are necessary to preserve Wife's right in any . ~ ~ i~ ', ; retirement interests, such as pensions, profit sharing plans or other similar assets that may exist. This would include maintaining Wife as a surviving spouse entitled to death benefits upon Husband's death even though the parties are divorced, until such time as all economic issues are resolved. 7. In the event of either party's death, prior to the resolution of the economic claims, the action for divorce shall continue as if both parties were living. The Executor/Administrator of the estate of the deceased spouse shall act on behalf of the estate in the divorce action until its conclusion. 8. The parties specifically agree that spousal support, currently paid to Wife, shall convert to alimony pendente lite upon the entry of a bifurcated divorce decree. 9. Until further Order of Court, Husband shall continue the medical coverage for Wife under a health care insurance policy which provides, at a minimum, benefits which are comparable to those available to a spouse under Husband's existing health insurance. l 0. The Court shall retain jurisdiction to enforce the provisions of this Stipulation for Bifurcation. 11. The parties further agree that this Stipulation for Bifurcation shall be entered as an Order of Court and as such the Stipulation for Bifurcation shall have the full and same force and effect as if the matter had been tried and decided. 12. This Stipulation for Bifurcation and Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. • ~1 : . ~ } } (~ ~ .. ~• ° r ~ . . ~ 4 13. The parties hereby waive their rights to present this agreement in open Court or to have their case heard by the Court at this time. WITNESS L WITNES _~ ,~ William E. Brou er Nicole M. Brougher ~~ ~ a Cµ z'`' f'~t s ~' :.;'Z .r'~ _ `~ i G~~_, (:~ -{ ~.: t.. '.. '. ~~ .~: -~G ~ ~' .._.i •r- SEP 1 41004 NICOLLE M. BROUGHER Plaintiff vs. WILLIAM E. BROUGHER Defendant Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF William E. Brougher, Jr. Apri123, 1994 Zachary Wayne Brougher October 13, 1996 Mother Mother 2. A conciliation conference was held on May 11, 2004 with the following individuals in attendance: The Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Maria P. Cognetti, Esquire. 3. This Court previously entered an Order on June 5, 2002 under which the Mother has primary physical custody of the Children and the Father has partial custody on alternating weekends from Friday through Monday and overnight on Wednesday in every week. The Father filed this Petition for Modification seeking primary physical custody of the Children or substantially more time with the Children. 4. At the time of the May 11, 2004 conciliation conference, the parties were unable to reach an agreement as to the Father's Petition but discussed various options in an effort to resolve this matter without a hearing. The Father proposed obtaining a custody evaluation and the Mother suggested obtaining an independent counselor for the Children who would provide guidance to both parents. It was ultimately agreed that the conciliator would hold this matter for a period of time to enable the parties to engage in a course of mediation. ..• 5. The mediation terminated in August for reasons disputed by the parties and a telephone conference was held between the conciliator and counsel for each party on September ?, 2004. 6. The Father's position on custody is as follows: The Father filed this Petition for Modification seeking primary physical custody of the Children. According to the Father, the Children want to spend more time with him and become upset when his periods of partial custody end. The Father also expressed concern that the older Child is doing poorly in school and is not living up to his academic potential. The Father does not believe that the Children's education is a priority for the Mother. The Father proposed that the parties obtain a custody evaluation to assess whether the school performance issues should be addressed, and if so, whether a change in the custody arrangements is warranted. As the Mother was not willing to participate in an evaluation, the Father agreed to attempt to resolve the issues through mediation as a compromise. 7. The Mother's position on custody is as follows: The Mother opposes the Father's request for additional time with the Children and believes it would be best for the Children to spend less time in the Father's custody. The Mother expressed concern that the Father interrogates the Children about the Mother and involves them in disputes between the parties. The Mother indicated that the Children come home from periods of custody complaining that the Father is pressing them for additional time. The Mother does not believe an evaluation is necessary and instead proposed counseling for the Children to insulate them from the conflicts between the parties. As the Mother does not feel that an evaluation is necessary, she is not willing to participate in evaluation sessions regardless of whether the costs are paid by the Father. 8. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter on the Father's Petition for Modification and also requiring the Mother to participate in a custody evaluation if obtained by the Father. The purpose of the evaluation would be to address the school performance issues in the context of the custody situation and to address the other concerns raised by bath parties with regard to the effects on the Children of the parties' ongoing conflicts. As both parties seem to be genuinely focused on the Children's needs, it is expected that the evaluation process would offer the parties the information and guidance they need to resolve these issues non- adversarially. In light of the Mother's strong objection to a custody evaluation, an alternative Order is also provided omitting the evaluation provision for the Court's consideration. Date Dawn S. Sunday, Esqui Custody Conciliator NICOLLE M. BROUGHER Plaintiff vs. WILLIAM E. BROUGHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /(~ ~ day of 2004, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court om No. ~ of the Cumberland County Courthouse on the `~ ~ day of i~k~~(X/<-- at 41.4D o'clock Ct m. at which time testimony will betaken. For purposes of the hearing, the Father, William Brougher, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement of the parties, or in the absence of an agreement, to be selected by the Father. The purpose of the evaluation shall be to address conflicts which have arisen in the custody situation and to obtain independent professional recommendations regarding ongoing custody arrangements which will best serve the needs of the Children. The Father shall be responsible for all costs of the evaluation. 3. Upon receipt of the evaluator's custody recommendations, counsel for either party may contact the conciliator to schedule an additional conciliation conference if the parties agree that it would be useful in resolving any outstanding issues without the necessity of the hearing. 4. Pending further Order of Court or agreement of the parties, t Order of this Court dated June 5, 2002 shall continue in effect. d,-~" ,/J B Edgar B. Bayley ( J. cc: ~ P. Cognetti, Esquire -Counsel for Father amuel L. Andes, Esquire -Counsel for Mother ©9-1~~0~ ~,~t ~ ~~ ~ ~ _~ ~~~~ c 1r.,tr. _ ~~ d ,~ :~, ~, ,', '. ', NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1494 CIVIL ACTION LAVV WILLIAM E. BROUGHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the day of at o'clock _ m. at which time testimony will be taken. For purposes of the hearing, the Father, William Brougher, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 5, 2002 shall continue in effect. BY THE COURT, Edgar B. Bayley J. cc: Maria P. Cognetti, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother NICOLLE M. BROUGHER, IN THE COURT OF COMMON PLEAS PlaintifflRespondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CNIL WILLIAM E. BROUGHER, CNIL ACTION -LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, to wit, this ~ ~ ~ day of , 2004, it is hereby ORDERED and DECREED that the Hearing previously scheduled in this matter for December 9, 2004, at 9:00 a.m. is rescheduled for February 3, 2005, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 6~~ ~~ ~0 1 ~"~ 3 f . ~ ,a « r S r. ~;~``~ ~ ; 3 ~~..~~ NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. BROUGHER : N0. 1997 - 1494 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 30T" day of OCTOBER, 2006, after consultation with counsel it is hereby ordered and directed that the children shall continue in their current CCD classes. It is further ordered and directed that mother shall arrange for the transportation to and from those classes. Edward E. Guido, ). ~8"amuel L. Andes, Esquire ,(aria P. Cognetti, Esauire :sld :" ;~. `- l~ `r ~~~~ c~~~Z MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner NICOLLE M. BROUGHER-SMITH, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1494 CIVII. WII,LIAM E. BROUGHER, :CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Defendant/Petitioner, William E. Brougher, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition to for Modification of a Custody Order and in support thereof represents as follows: 1. Petitioner is William E. Brougher (hereinafter "Father"), Defendant in the above captioned matter. 2. Respondent is Nicolle M. Brougher-Smith (hereinafter "Mother"), Plaintiff in the above captioned matter. 3. The parties are the natural parents of two (2) minor children namely: William E. Brougher, Jr., born Apri123, 1994; and Zachary Wayne Brougher, born October 13, 1996. 4. The minor children are the subj ect of an Order of Court dated June 15, 2005. Pursuant to said Custody Order, the parties share legal and physical custody of the children. A true and correct copy of said Order is attached hereto, made a part hereof and marked Exhibit "A". 5. Father requests that the present Custody Order be modified to award him primary physical custody for the following reasons: a) Father has become aware that Mother's husband was arrested for simple assault and harassment for an incident that occurred on August 27, 2007, a night that the parties' children were in Mother's custody. b) Father has learned that Mother's husband was waiving a replica pistol and threatening Mother, while holding Mother and Mother's husband's oldest child. c) Mother's husband was incarcerated for over a week with his bail set at $50,000.00. Mother's husband's bail was reduced to $10,000.00 and he was released from j ail on or about September 6, 2007. Part of Mother's husband's bail restriction required him to have no contact with Mother. d) Despite Mother's husband being allowed no contact with Mother, Father believes, and therefore avers, that Mother is allowing her husband to return to the home and spend the night. e) Mother has placed the children at great risk by ignoring her husband's behavior and allowing him to return to their home. f j Father believes, and therefore avers, that the children are aware of the unstable atmosphere in Mother's home, but are scared to reveal the true nature of the behavior that is taking place there. g) The children have expressed a strong desire to spend more time with Father. 6. Father believes and therefore avers that, due to Mother's actions in exposing the children to potential harm, the best interest of the children will be served by granting him primary physical custody of the children. WHEREFORE, Father requests that the Court modify the existing Order for Custody and award him primary physical custody of the minor children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: / / 4 ~' 7 By: MARIA P. CO TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner ., ' NICOLLE M. BROUGHER, Plaintiff vs. WILLIAM E. BROUGHER, Defendant RECEIVED JUN 141005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this ~ da of 2005 h Y , t e attached Stipulation for Custody is hereby adopted as the order of this court and all prior orders are vacated. BY THE COURT, IS J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Maria P. Cognetti, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ' ~ t.. ' ~ ~- f l ~.~ . _.:~ t. .~. `~~s#im~r~y wl?~'_ ~a i' t::~rQ ~~n~~ vet my t~~~, 5 ~~. .~1:~ ~5 ...T' NICOLLE M. BROUGHER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1494 CIVIL TERM WILLIAM E. BROUGHER, ) ~ ~ ~ Defendant IN CUSTODY ~ ~ ~' rt•~ t .r , ~ ~~_. ~,~ STIPULATION FOR CUSTODY ~~ ~ ©~ ~T ,-m' AND NOW, this ~~ay of , 2005, the parties ha~ beg,,n ~.. •• --~ advised of their rights by their respecti counsel, and having the best interests~if th~r rnor children, William E. Brougher, Jr., born April 23, 1994 and Zachary Wayne Brougher, born October 13, 1996, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share physical custody of the children on the following schedule: a. Mother shall have the children every Monday morning through Wednesday morning. b. Father shall have the children every Wednesday morning through Friday morning. c. The parties shall alternate custody of the children on weekends, from Friday at 3 p.m. during the school year and 5 p.m. during the summer, through Monday morning. This shall. begin with Mother having custody for the weekend of Friday, May 6, 2005. d. During the school year, the party having custody in the morning shall retain custody through 3 p.m. if there is no school on that day. e. During the summer, the party having custody in the morning shall retain custody through 5 p.m. on that day unless either or both children are attending any programs to which they would need to be delivered at an earlier hour. 3. Each party shall have an uninterrupted seven day period for each month of June, July and August. Said seven day period shall be taken in conjunction with that party's regularly scheduled weekend custody. Each party shall give the other party a minimum of 30 days notice of the specific dates for such custodial periods. Mother acknowledges that Father has given her notice of his intended July period, which is July 22 through July 29, 2005. 4. Mother shall have custody of the minor children on Mother's Day and Father shat( have custody of the minor children on Father's Day. The custodial period ~on these days shall run from 9:00 a.m. through 9:00 p.m. 5. In odd numbered years, Mother shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Father shall have custody on July 4~' from 9:00 a.m. until after fireworks. In even numbered years, Father shall have custody of the children on Memorial Day and Labor Day from 9:00 a.m. until 9:00 p.m. and Mother shalt have custody on July 4~' from 9:00 a.m. until after fireworks. 6. In every year, the party who has custody of the children on Easter Sunday under the regu{ar schedule shall retain custody on Easter until 2 p.m. and the other parent shall have custody of the children on Easter from 2 p.m. until 9 p.m. 7. In every year, Mother shall have custody of the children on Thanksgiving Day from 9 a.m. through 2 p.m. and Father shall have custody of the children from 2 p.m. through 9 p.m. 8. ~ For the Christmas holiday Mother shall have custody of the children from December 23 at noon through Christmas Day at noon. Father shall have custody of the children on Christmas Day at noon through December 27 at noon. 9. In every year, the party who would have custody of the children on New Year's Eve under the regular schedule shall retain custody of the children through New Year's Day at 2 p.m. and the other party shall have custody of the children on New Year's Day from 2 p.m. through 9 p.m. 10. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 11. The parties agree that the party receiving custody of the children shall be responsible to provide transportation for the exchange of custody. 12. In the event that either party must work for more than two (2} hours during his or her time with the children, that parent shall advise the other parent, and give the other parent the first option to provide childcare during such work period. 13. The non-custodial parent at any giverrtime shali'have reasonable ongoing ~- telephone access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the children return the telephone call. For purposes of this paragraph, reasonable telephone access shall mean one call per day to the other parent's home, while the children are with the other parent, and that call shall be placed before 8:30 p.m. to avoid interfering with the children's bedtime. Further, when the children are away from the home of the parent then having custody and do not return until 8:30 p.m. or later, the return call will not be made that day. '1~4. Each party shall keep the other advised of a current address and telephone number. 15. Each party shall advise the other promptly of any illness suffered or injuries sustained by either of the minor children. ~_ 16. The parties shall communicate directly with each other regarding the minor children. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 17. The parties will not undertake or allow by any other person the poisoning of the children's mind against one of the other parties by conversation which includes any critical, hostile or condemning language, or in any way derogates the other party from extended family members. 18. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 19. Neither party shall attempt or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the minor children from the other parent, or to injure or impair the mutual love and affection of the minor children. At all times, each parent shall encourage and foster in the minor children a sincere respect and affection for the other parent, and shall not hamper the natural development of the children's love and respect for the other parent: 20. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the children's attendance at regularly . scheduled activities and special events. 21. It is the intension of the parties that this Stipulation may. be entered as an Order of Court as if a fully hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. 22. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. r 1 , {/Fr.. l 23. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this stipulation shall have the same full force and effect as if this matter had been tried and decided. 24. This Stipulation and Order of Court shall replace and supersede any existing custody arrangements between the parties. 25. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 26. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. el L. Andes Attorney for plaintiff Maria P. ogn Attorney for Defendant icolle M. B ughe William E. Brougher VERIFICATION I, WILLIAM BROUGHER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ~ ~ WILLIAM BROUG R DATE: 9// 9/e 7 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for the Defendant/Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: ~ ~ ~' ~, ~ By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner ~ ~~3} "Y ~~ V ~ ~'~4`1 ~jy `V~ } j ~ ~",~"~~..1 S? . ~ , °~ , ~' O ~ t ~ ~ _...'y ....-. "'~.. NICOLLE M. BROUGHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 1997-1494 CIVIL ACTION LAW WILLIAM E. BROUGHER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 25, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 18, 2007 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunda " Es . 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 musi 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. 1F 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 ~ ~'ON~'~ ~'J <o.s2° .5 ~~~~n~us~~~!:~~ ! ~€ ~d S~ d3S t00Z fat ~,~.~~ NICOLLE M. BROUGHER Plaintiff vs. WILLIAM E. BROUGHER Defendant Gov o ~ ~-' IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNTY, PENNSYLVANIA . 97-1494 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ~~~A hearin~~~iL° Courtroom Number _a of the Cumberland County Courthouse on the ,~ day of , 200, at y : ~ Q.m., at which time testimony will be taken. For purposes of the hearing, the Father, William E. Brougher, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These. memoranda shall be filed at least 10 days prior to the hearing date. 2. The parties shall make arrangements for the Children to participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties based on their current insurance coverage. The purpose of the counseling shall be to assist the Children in coping with family conflict and to provide them with a neutral third party with whom to discuss those issues to promote their emotional well-being. Each party shall notify the other of any counseling appointments scheduled by that party for the Children by email. All information concerning the Children's activities shall be shared between the parties b~en~ll as well. B Edgar B. Bayley ~ J. cc: ,,,It~ristopher T. Smull, Esquire -Counsel for Fat'. ~amuel L. Andes, Esquire -Counsel for Mothe ~, d NICOLLE M. BROUGHER Plaintiff vs. WILLIAM E. BROUGHER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1494 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF William E. Brougher, Jr. April 23, 1994 Mother/Father Zachary W. Brougher October 13, 1996 Mother/Father 2. A custody conciliation conference was held on November 5, 2007, with the following individuals in attendance: the Mother, Nicolle M. Brougher, with her counsel, Samuel L. Andes, Esquire, and the Father, William E. Brougher, with his counsel, Kristopher T. Smull, Esquire. 3. This Court previously entered an Order in this matter on June 15, 2005, under which the parties have a somewhat shared physical custody schedule. The Father filed this Petition for Modification seeking primary physical custody of the Children. Although the parties were able to agree to obtain counseling for the Children, they were not able to resolve the Father's request for a change in the physical custody schedule at the conference and it will be necessary to schedule a hearing. 4. The Father's position on custody is as follows: The Father seeks primary physical custody of the Children. The Father's main concern was based on an incident of domestic conflict involving the Mother's current husband at the end of August. Although a Protective Order is currently in effect prohibiting the Mother's husband from contacting the Mother or entering the premises of her residence, the Father does not trust that the Protective Order will ensure the Children's safety or emotional well-being. The Father believes that the Children are afraid to express concerns over conflicts in the Mother's household. The Father stated that the Children have a strong preference to spend more time with the Father. 5. The Mother's position on custody is as follows: The Mother strongly opposes the Father's request for primary custody of the Children and indicated that the incident between her and her husband has been handled appropriately and does not have an ongoing detrimental impact on the Children. The Mother stated that she is abiding by the Protective Order and is willing to prevent contact between her husband and the Children. As the source of conflict has been removed from her residence and the Children's lives, the Mother does not feel any change in the physical custody schedule is warranted. According to the Mother, the Children do not have a preference to spend additional time with the Father. 6. The conciliator recommends an Order in the form as attached providing for counseling for the Children and scheduling a hearing on the Father's request for modification of the physical custody schedule. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator