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Home My WebLink About98-00605 Jeffrey R. Boswell, Esquire Supreme Court I, D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Frout Street P. O. Box 741 Harrisburg, PA I7IOS.{)74I Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Auomey for Plaintiff CAROL E. SYDANSK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA v. : NO. 9~5 Civil RICHARD BROBECK DEFENDANT : CML ACTION - CUSTODY NOTICE YOU HAVE BEEN SUED IN COUR T. 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 and Notice are 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 are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or 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. I \.; () i I Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249-3166 , /-.., , m:\ home\jrb\ famlly\sydansk.cmp Jeffrey R. Boswell, Esquire Supreme Court 1.0. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17 IOS.{)74 I (717) 236-9377 Attorneys for Plaintiff CAROL E. SYDANSK, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 15'- to 0 5- c_uL{JL RICHARD BROBECK DEFENDANT : CML ACTION - CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Carol E. Sydansk, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, presents this Complaint For Custody as follows: 1. Plaintiff, Carol E. Sydansk, is an adult individual currently residing at 807 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant, Richard Brobeck, is an adutt individual currently residing at 126 Addams Court, Bellefonte, Centre County, Pennsylvania 16823. 3. Plaintiff seeks custody of the minor child, Megan Allison Brobeck, born April 7, 1986, now a resident of Cumberland County since June 6, 1997, and enrolled in West Shore School District. The child was born not out of wedlock. The child Is presently in the custody of Plaintiff, Carol E. Sydllnsk, who resides at 807 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania, 17070, During the past five years, the child has resided with the fOllowing persons and at the following addresses: Persons Addresses Richard Brobeck (Father) 126 Addams Court Bellefonte, PA 16823 Dates: January, 1993, through June 5, 1997; primary physical custody with father in Bellefonte weekdays during each school year and one or two weekends, per month; since June 5, 1997: occasional weekends. Carol E. Sydansk (Mother) 807 Coolidge Street New Cumberland, PA 170780 Dates: January, 1993, through June 5, 1997: temporary physical custody averaging three weekends, per month, during the school year, all major holidays except for memorial day - 1995, labor day - 1995, and July 4 - 1996.; summer vacation schedule with mother, except for occasional weekends with father; primary physical custody since June 5, 1997, with enrollment in West Shore School District for 1997-98 school year. Plaintiff is the mother of the child, currently residing at 807 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania 17070. She is married. The Mother of the child is Carol E. Sydansk, currently residing at 807 Coolidge Street, New Cumberland, Pennsylvania 17070. She is married to Donald C, Sydansk, with whom she resides. The relationship of Plaintiff/Respondent to child is that of Father. 5. The relationship of Plaintiff to child is that of Mother. The Plaintiff currently resides with the following persons: ,~' numerous, frequent, and regular periods, for weekends, holidays, and summer vacations; (e) Plaintiff resides in a single-family dwelling where Megan will have her own bedroom; (t) Megan has numerous family members residing in the Harrisburg area, including a grandmother, aunts, and uncles; (g) Megan attends sunday school and church almost every Sunday since the time she started visiting with her mother in New Cumberland; (h) During the five year period, mother missed only three school programs, two of which she had not been informed, and the third, due to weather conditions; (i) Plaintiff has always contributed to Megan's material needs, providing clothing and personal items, as needed; (j) Since Megan was five years of age, she has enjoyed gardening, now maintaining her own vegetable garden and her petunia beds in the back yard in New Cumberland. In the summer of 1997, she helped plan the flowers and the arrangement with her mother and her mother's husband; (k) Megan enjoys working with mother's husband in his wood shop where she organized the tool room for him; (I) Mother, her husband, and Megan eat dinner together each weekday and on weekends, including a special Saturday night evening dinner when Megan frequently prepares desserts. On Sunday morning, mother, mother's husband, and Megan, attend brunch after church; .~. (m) Megan, her mother, and her mother's husband, enjoy swimming, boating in state parks, going to City Island for walks and ice cream, and shopping frequently for clothes and craft items; (n) Mother works closely with Megan organizing her for school and reviewing her homework assignments; (0) At the instance of the Plaintiff, Megan participates actively in church functions, including baking foods and helping to prepare baskets for shut ins. For the past two years, Megan has attended family retreats held at Camp Hebron with her mother and mother's husband. She has also attended church camp for the past two years. Presently, Megan is attending confirmation classes at the church, as a preparation for her church membership. Megan expects to be confirmed in the church on Palm Sunday, April 5, 1998. She is also a member of the bell choir at the church. (p) In her home in New Cumberland, Megan has numerous pets, including four cats, one dwarf hamster, tropical fish, and one hermit crab, where, at the instance of her mother, is learning responsibility; (q) Megan is now in grade six. She is enrolled in an instructual support program at her school, designed to improve her abilities and her school work; (r) Megan is presently eleven years old. She is beginning to mature into a young woman, needing the experience of her mother for guidance, support, and advice; (s) Megan is now fitted for orthodontic braces, being treated by an orthodontist in New Cumberland on a three-year treatment plan. .'~ .. (t) Megan has made an adjustment to her new home, making new friends IInd involving herself in activities at school, at church, and at gymnastics. 11. Each parent whose parental rights to the child have 1I0t been terminllted IInd the person who has physical custody of the child have been named as parties to this IIctlon, All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests that this Court grant custody hcr primary custody of the child. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~, (!~ 1 y. Boswell, Esquire DATE: January 26,1998 ARTICLE III PROVISIons FOR CHILD 3.01 CUSTODY The parties have given considerable thought to the welfare of their child and agree that the following provisions are in her best interest. The parties agree that they shall have joint legal custody of the minor child, with both parties having the right to share equally in making major parenting decisions affecting the child's health, education and welfare. Primary physical custody of the child shall be with Husband, subject to the right of Wife to partial custody as follows: A. Wife shall have liberal periods of temporary custody of the child during the school year according to a reasonable schedule as agreed upon by the parties; B. Wife shall have the right to temporary custody of the child during approximately three (3) months in the summer, such period to coincide with summer break in the school calendar. During this three-month period, Husband shall have the right to liberal temporary custody and visitation of the child; and C. Each party shall provide a 72-hour notice to the other of their plans with respect to the custody of the child changed from those agreed upon. 7 I !I " \ r I II ! \ , )~ r'l , ! {. ,,/.,\ " iI' j' ,. .1 . , ,I , , , "' J.02 FINANCIAL SUPPORT Husband agrees that he will not seek child support or any other form of financial support for Megan Alison. Wife agrees that she is not entitled to and will not seek financial support for Megan Alison for any period that Megan Alison is in her temporary custody. Husband shall provide major medical insurance coverage for Megan Alison under the benefits program established by his \, { L I' I i I, ~ , "J If: ,} ( I'.~ , I i i I, I I'.' I' employer. ;, I J.OJ NOTIFICATION Each party shall keep the other informed at all times as to their place of residence, address of place of residence, I~ telephone number at place of residence, place of employment, address of place of employment, and telephone number of place of employment. , f , \ I l i l '1 , ARTICLE IV MISCELLANEOUS PROVISIONS 4.01 ADVICE OF COUNSEL Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice or counsel. Each party hereto acknowledges and accepts that this II' ~.. :\..-. I, 'I ; i , I Agreement is, under the circumstances, fair and equitable; that it is being entered into freely and voluntarily after Wife 8 ',........ " ~ - ~ ~ n \0 (") ~"'~ :':J -n -" :.:J \-' J -r;i-.,; 1"01 hif!] llq ; :"J ;':':'Yt ::1'~ r'I 'l. I ,"-' ";1' ,., ~~ r";:'" -q ',)(i1 ~ ,C , -' ;:i~ , - , (5111 '" r. ...., --.1 ~ /.; :J., '-'" .. :0 ~ .' co -~ i" <V'~ -, , ) "'" ~ "" ~ IN THE COURT OF COMMON PLEAS, CENTRE COUNTY, PENNSYLVANIA ~ .-.. , attached agreement is approved and entered as an Order of this Court in adjudication of claim(s) related to the above captioned divorce RICHARD BROBECK Case number 90-2369 va CAROL ELIZABETH BROBECK ORDER this Ie. day of -Lf!.t7.-" t7~ ,19 9/ , the r!i J ,}-c,: 'j' 1C::: c= ~.,. ."". ,,":;.r:)' .. ,.'" 4"i') '1'1 ,'J ,"., '" ... , Ii !, .. I l I' ~. I., I~ , __ I l, OJ' ".. -':I-r l.:,;,'rf I~;:,I\' \, ',I' ,.,'"'11 ,_;.1,\/, 7.<{.~1 aI. ~ !;aJ// #a~ ~"Jf /.,'f'f ~ 1I1~~/,z ~. 7. r f'1' ~4' ~I 7J; a?f ~~ custody schedule. 8. The parties agree to be flexible in making adjustments to the custody schedule as necessary to insure that the Child is able to attend her regularly scheduled school, extra-curricular and church activities. 9. 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 shall control. BY THE"COURT, J. cc: . , '1' p. 'lV Jeffrey R. Boswell, Esquire - Counsel for Mother ~ e.yu.' Richard BrObeck, Father y- . "... ~ .' . I :l, rr,\, !",',-O;iCE ,. ".'. "". . """" ,..\( , , lk.:\ ',]('!T-i] ['iilt::hG (,! ), ..,\..,. ';1-,:-, i..I.,:U~HY '\>~:,\ 1-,\ CAROL E. SYDANSK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 98-605 CIVIL TERM RICHARD BROBECK, Defendant CIVIL ACTION - LAW IN CUSTODY CI.JSTODY a:NCILIATIm &HIARY REPC1\T IN AOCXlUlANCE WITIf a.mERr.AND WBlY RULE OF CIVIL PRe- '...uJRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is aB follows: NAME DATE OF BIRl'IJ alRRFNrLY IN ClJS'l'a)Y' OF Megan Allison Brobeck April 7, 1986 Mother 2. A Conciliation Conference was held on August 25, 1998, with the following individuals in attendance: The Mother, Carol E. Sydansk, with her counsel, Jeffrey R. Boswell, Esquire, and the Father, Richard Brobeck, who appeared at the Conference without counsel. 3. The parties agreed to entry of an Order in the form as attached. Sl-fJ~ / , /71,p Date . , 62a-....ddt-o-r .d:~ Dawn S. Sunday, Esquire Custody Conciliator