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HomeMy WebLinkAbout98-02416t BRUCE W. BROLLE, - IN THE COURT OF CUMMON Plaintiff - PLEAS OF CUMBERLAND - COUNTY, PENNSYLVANIA vs. - - CIVIL ACTION -LAW 1 PATRICIA A, VOLCKO, formerly 1 N0. 98-2416 CIVIL TERM PATRICIA A. BROLLE, i Defendant 1 IN CU5TOUY O DE F COURS i AND NOW, this -~~ daY of July 2004, upon tho Stipulation of the parties, we hereby vacate all prior orders in this matter and replace them with the following: 1991, shall 1, Legal custody of the minor child, Michael A. Brolle, born June 26, be sharod by the parties to this action, the Plaintiff Bruce W. Brolle ("Father"- and the Defendant Patricia A, Volcko ("Mother" 1, The parties shall cooperate with each other to exchange information and make mutual decisions regarding significant matters in the child's life including, without limitation, education, religious training, and health care. 2, Father and Mother shall share physical custody of the child in two week blocks, with Mother having custody of the child from 5:00 p.m. on Friday, the 16`h day of July 2004 and ending two weeks later, at which time Father shall commence a two week period of custody at the same time on Sunday, The parties shall alternate custody in two week blocks thereafter, 3. This order makes no specific provision for holidays or vacations because it is anticipated that the parties will be able to resolve those mattors by mutual consent, The parties are encouraged to do so but the court will retain jurisdiction in the event that either party requires further order with regard to those spe~~ ccaslons, BY THE COURT; DistrlbuUon, Michael J, Wilson, Esquire (Attorney for Plalntiffl 818 Derby Avenue, Comp Hill, PA 17011 Samuel L. Andes, Esquiro (Attorney for Defendant) 626 North 12'" Street, Lemoyne, Pa 17043 1 ^, . ~, ~/I i~..i .r., , ,~ BRUCE W. BROLLE, Plaintiff 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION -LAW 1 1 N0, 98-2416 CIVIL TERM 1 1 IN CUSTODY ys. PATRICIA A, VOLCKO, formerly PATRICIA A, BROLLE, Defendant STIPULATION AND NOW come the above-named parties, by their attorneys, who they have expressly authorized to make this Stipulation on their behalf, and stipulate and agree that the court should enter the attached Order to resolve the rnattars scheduled for a hearing on 23 July 2004. ~v( / Michael J, ilson Attorney for Plaintiff ~ I L, An es ~ Attorney for Defenda Date: "a, BRUCE W. BROLLE IN 'THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 98-2416 CIVIL ACTION LAW PATRICIA A. VOLCKO, FORMERLY PATRICIA A. BROLLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 26, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, December 22, 2003 at 11:00 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: /s/ Melissa P. Greev~, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please cantact 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 (71.7) 249-3166 ~~~ ~~ ~u ~d~ ~~A b'Itrlbi~U~St~lN3d ~~~~ !""~~~~i~~~UVt3J i U ~'~ v!~~ {~-- ~1~~ ~Q fir., -~. r ' ~ ~ B. The father is prone to violent verbal outbursts which upset, frighten, and humiliate the child; and C. The child is uncomfortable with his father and his father's present wife and is uncomfortable in their home; and D. Petitioner is able to provide a good, stable, calm, and loving home for the child; and E. The Defendant is better able to meet the child's emotional and personal needs; and F. The child is more comfortable in the mother's home and in her company and has expressed a desire to live with her. For these reasons, Petitioner believes it is in the child's best interest that she be awarded primary physical custody of the child. WHEREFORE, Petitioner prays this court to modify its prior orders of custody and to award her primary physical custody of the parties' minor child, Michael A. Brolle. I L. Ande Attorney for Defendant Supreme Court ID # 17225 525 North 12t'' 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). i Date: ~ ~ j~ ~= PA`'1(RICIA A. VOLCKO r ~' C"` ~..~ rw~, ~~~ ~ ~~ ~ ~ ... ~_ ~~ r_ ~~. _ C1~ ~ ~ ~ w ~ N~`~ ~ ~ tU03 ._..R, Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant NO. 98-2416 Civil Term CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, July ~'1 , 1998, upon consideration of Plaintiff s Motion for Release of Drug Testing Results, the Court ISSUES a RULE on Defendant to show cause why the Court should not grant Plaintiff the relief requested. The Rule is returnable fifteen (15) days from the date of service. ~~_ i „~ .. _ ~~ Theresa Barrett Male Supreme Court #46439 115 Pine Street Hazrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98 - 2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PLAINTIFF'S MOTION FOR RELEA E OF DRUG TESTING RESULTS 1. Defendant here is also a defendant in Commonwealth of Pennsylvania v. Patricia A. Brolle, Cumberland County # 97-0157 Criminal. 2. The criminal proceeding arose as a result of Defendant's driving under the influence chazge. 3. On June 5, 1998, Defendant appeared at a hearing held before the Honorable Kevin A. Hess on motion of the Commonwealth. 4. By letter dated June 22, 1998, counsel for Plaintiff asked Assistant District Attorney John A. Abom, Esquire to confirm the disposition of the June 5, 1998 hearing. 5. On June 23, 1998, Plaintiff s counsel requested additional information from ADA Abom, specifically, the results of a randon urine test to which Defendant submitted. 6. Mr. Abom responded to both letters by letter dated June 24, 1998, a true and correct copy of which is attached as Exhibit "A" . 7. As set forth in his response, ADA Abom has refused to release the results of Defendant's urinalysis. 8. Since instituting this proceeding, Plaintiff has raised concerns about Defendant's alcohol and substance abuse. See, e.g., Plaintiff s Application for Special Relief filed on April 29, 1998. 9. The results of the random drug testing ordered by the District Attorney's Office are relevant and material to the pending custody action. 10. Although an individual's right of privacy is protected by the United States Constitution and by this Commonwealth, that right is not absolute. John M. v. Paula T., 524 Pa. 306, 571 A.2d 1380 (1990), cert. denied, 498 U.S. 850 (1990). 11. In the case at bar, Plaintiff has compelling needs and interests which justify the release of the testing results. See id. 12. In the case at bar, this Court's obligation to determine a disposition consonant with the best interests of the child outweighs Defendant's privacy rights. 13. No issue regarding the intrusivensess of the testing is present here because the testing already has occurred. 14. Defendant has waived any purported right against disclosure of the testing results because she has told Plaintiff the results were positive for drugs. 2 15. Release of the testing results is necessary to assist Plaintiff in his custody action and in assisting his child through this process. WHEREFORE, Plaintiff requests the Court to enter an order directing Defendant to secure from the District Attorney the results of her random drug testing and thereafter to deliver the results to Plaintiff s counsel. Respectfully submitted, ~~. ~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plainti,,~`' Date: July 5, 1998 3 EXHIBIT "A" M.L. EBERT, JR. DISTRICT ATTORNEY ~E , OFFICE OF THE DISTRICT ATTORNEY CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 JUN~~1998 (717) 240-6210 (717) 697-0371, EXT 6210 (717) 532-7286, EXT 621 O FAX: (717) 240-6164 June 24, 1998 Theresa Barrett Male, Esquire 115 Pine Street Harrisburg, PA 17101 Re: Commonwealth v. Patricia A. Brolle 97-0157 Criminal Charge: Driving Under The Influence Affiant: Ptl. Donald Siekerman Dear Ms. Male: I am in receipt of your June 22, 1998, letter and your June 23, 1998, facsimilie in regard to the above-captioned case. Please be advised that Mrs. Brolle was removed from the Guardian Interlock portion of our ARD Program by Judge Hess pursuant to the Commonwealth's motion. The results of the Judge's action is to place Mrs. Brolle into the regular DUI-ARD Program and, in effect, she lost her license for an additional five months. After speaking with District Attorney Ebert about your request to test certain drugs which allegedly belong to Mrs. Brolle which were turned aver to Upper Allen Police by Mr. Brolle, the Commonwealth, in its discretion, will not be pursuing criminal charges in this matter against Mrs. or Mr. Brolle. Should you desire to have the suspected Marijuana analyzed for the purposes of your civil procedure, please obtain a court order directing the police department, at your expense, to arrange for the appropriate test of the materials. Please be advised that I am refusing to disclose to you the results of any drug testing that may have been done on Patricia Barolle. ;. '~ Theresa Barrett Male, Esquire Page Two June 24, 1998 Thank you for your attention to this matter. Sincerely, j John A. Abom Assistant District Attorney JAA/j lm cc: Upper Allen Township Police Department Nicole Galbraith, Probation Officer Samuel Andes, Esquire Patrick F. Lauer, Esquire VERIFICATION I, Theresa Barrett Male, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are matters of record and/or within my knowledge as counsel for Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Theresa Barrett Male Date: July 5, 1998 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: John A. Abom, Esquire Cumberland County District Attorney's Office Cumberland County Courthouse Carlisle, PA 17013 Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Defendant / .~.-.~ r..c_ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaint Date: July 6, 1998 ~~~ ~~~~ ~ ,_ rte.. ,~ ~ JUG. 0 ~ 1998~~` N ~ ~ n+ W ~ ~~ e y A o ~- r*+ r ~« t^J3 ~ _ ~.^.. , ~F7 ~1. ~ '7 r T~ i 1~ r= -~j ~.~,--,h1am~. r. ~_~, ._ _. , ~ '7'~ 1 / :i' ~ . ['~ J ~ rn ,.,,r tt~ b =~; ~. ~ _, Theresa Bazrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff APR 2 9 ~ggg~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. Q~^o~~~~ ~tvc ~ `~-2r~ PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY EMERGENCY CUSTODY ORDER AND NOW, upon consideration of Plaintiff's Application for Special Relief, the Court ORDERS that, pending conciliation and further order of court, primary custody of Michael Brolle shall remain with his father, Plaintiff Bruce W. Brolle. Michael shall continue to reside with Plaintiff and to attend school and daycare from the marital residence. Plaintiff is ENJOINED from picking up Michael from school or daycare and from transporting him in any vehicle. BY THE COURT: ~ ,~ ,-' sue, ~,,~~ ~~ ~~ ~~~~ ~- ~: ~;~--~ t ~ ~s ~~, ~'? ~~ir^y", f'_ ''~E/, ~"" .~',.,"~, :~ aL, ~ ' ~y~))`` ~~' ~ ~ Y t~ Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W . BROLLE, Plaintiff v, NO. 98 -a.y~~ Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PLAINTIFF'S RULE 1915 13 APPLICATION FOR SPECIAL RELIEF IN THE NATURE OF AN EMERGENCY CUSTODY ORDER 1. The parties are the natural parents of Michael Brolle, born June 26, 1991, who attends first grade at the Shepherdstown Elementary School. 2. From birth until April 27, 1998, the child resided with his parents at 314 E. Meadow Drive, Mechanicsburg, Pennsylvania ("marital residence"). 3. On April 27, 1998, Defendant Patricia A. Brolle ("Wife") vacated the marital residence without notice to Plaintiff Bruce W. Brolle ("Husband"). 4. On April 27, 1998, after picking up Michael from the daycare provider, Wife delivered Michael to Husband at the marital residence. 5. Wife has informed Husband that she intends to move Michael into her new residence. 6. Husband seeks an emergency interim custody order placing custody of Michael with Husband pending conciliation and further order of court for the following reasons: a. Wife has a history of driving while under the influence of alcohol. Commonwealth of Pennsylvania v. Patricia A. Brolle, Cumberland County # 97-0157 Criminal (Kevin A. Hess, J.) b. Wife is under an order of court to drive only the 1988 Toyota Corolla titled in her name which has been equipped with a Guardian Interlock system; c. since entry of the order, Wife has driven with Michael in a car which is not equipped with the Interlock system after she has been drinking; d. since entry of the order, Wife has picked up Michael from the daycare provider in a car which is not equipped with the Interlock system after she has been drinking; e. as recently as Wednesday, April 22, 1998, the police responded to a call for assistance at the marital residence because Wife had been driving after drinking; f. since entry of the order requiring her 1988 Toyota Corolla to be equipped with a Guardian Interlock system, Wife has been driving another vehicle which is not so equipped; 2 g. Husband has been attempting futilely to assist Wife in addressing her substance abuse problem; h. Husband has alerted Wife's probation officer about the continued drinking and driving; i. Husband believes and therefore avers that Wife is abusing substances other than alcohol; j . Wife spends only marginal time each weekday with Michael; k. on many evenings, Wife is "passed out" by 7:30 p.m. 1. Husband fears for Michael's safety and well-being when he is with his mother because of her alcohol abuse; m. Husband fears for Michael's safety and well-being when he is with his mother because of her lifestyle. 7. Wife's decisions to transport her son in a vehicle after she has been drinking reflects a reckless disregard for the child's welfare. 8. This Court has authority to enter an interim order pursuant to Pennsylvania Rule of Civil Procedure 1915.13. 9. Michael's best interests and permanent welfare will be served by entry of an interim order placing him in his father's custody. 3 .. 10. Michael's best interests and permanent welfare will be served by entry of an interim order enjoining his mother from picking him up at school and daycare and from transporting him in any vehicle. WHEREFORE, Plaintiff requests the Court to enter an emergency order awarding him primary custody of Michael Brolle pending further order of court and enjoining Defendant as set forth in the order. /~ /I'a„t/~-„ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plainti,,j~`' Date: April 28, 1998 4 VERIFICATION I, Bruce W. Brolle, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Bruce W. Brolle Date: ~~Z g~7 8' E C7 _ ~ F :~ ~ C~ ``~ °~~ ~A- t.> ~-~' a N `~ V ~ ~£~L~~ M r , <' . r . ,!_ n y r V O i- ~y LW k ~ (F {~ ~ ~ Y } ,~sAy/ ~y ti +J'} '~ ~ r~ 1 r vftF.e . 1~ ~ 4 ~~ off'''^~( t,G1 ~ ~~ - "^ r RUCE W . BROLLE, ) Plaintiff ) vs. ) 'ATRICIA A. BROLLE, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 98-2416 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR RELEASE OF SEIZED MATERIALS AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes following answer to Plaintiff's Petition, as follows: 1. Admitted. 2. Admitted. 3. Defendant has no knowledge of the alleged actions described in Paragraph 3 of Plaintiff's and so denies those averments and demands proof thereof at any hearing. 4. Denied for the same reasons set out in the answer to Paragraph 3 above. 5. Admitted. 6. The averments in Paragraph 6 are denied. The letter of Mr. Abom speaks for itself and no if his statements is required. 7. Admitted. However, Defendant denies that Plaintiff's concerns are well-founded or genuine or been raised out of a concern for the best interest of the child. 8. Denied. There is no adequate chain of custody which will establish that the materials in belong to or were even in the possession of the Defendant. There is no chain of custody or ~bther competent evidence which will preclude a finding that the materials in question belonged to or were ossessed by the Plaintiff himself. Even if the test results demonstrate the materials to be an illegal drug "~ M even if there would be competent evidence to show those drugs, at one time, were possessed by the such evidence has no direct bearing on the issues raised in the custody action and would not of use in litigating the custody action. Moreover, the Plaintiff's actions with regard to the material are only to embarrass the Defendant, invade the Defendant's privacy, and mislead this Court in the custody action. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Motion. S el L. Andes ' Attorney for Defendant Supreme Court ID # 17225 525 N. 12`~ Street Lemoyne, PA 17043 (717) 761-5361 OMMONWEALTH OF PENNSYLVANIA ) ( SS.: OUNTY OF CUMBERLAND ) Patricia A. Brolle, being duly sworn according to law, deposes and says that the facts set in the foregoing Answer are true and correct to the best of her knowledge, information, and s P tricia A. Bro le corn to and subscribed ;fore me this oLl~. day 1998. ~~ ~~. otary Pub ' . AMY M. t~p6~tJ, trObary- Fh~iic t+ernoyrw flora, O~abatkndCanty Caarrrn ~Aras ,Noir. 20, 201t0 .~ ~ pj2oT ~~~v ~F T~ ~ z3 pM ~~~.~1 n. BRUCE W. BROLLE, Plaintiff } vs. ) PATRICIA A. BROLLE, ) Defendant ) ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 98-2416 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR RELEASE OF DRUG TESTING RESULTS AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes following answer to Plaintiff's Petition, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Defendant has no knowledge of the details of Plaintiff s communications with the District :y's Office and therefore denies these averments and demands proof thereof at any hearing. 5. Denied for the reasons set forth in Paragraph 4 above. 6. Denied for the same reasons set forth in the answer to Paragraph 4 above. 7. Denied for the same reasons set forth in the answer to Paragraph 4 above. 8. Admitted. By way of further answer, however, Defendant claims that Plaintiff's alleged "concerns" are not based upon the best interest of the child but are intended to take advantage of Defendant's situation to gain an advantage in the custody and divorce litigation. 9. Denied. Plaintiff can determine whether Defendant ingested drugs by simply asking 'Defendant and without invading her privacy, or breaching the confidentiality of the Defendant's 'Irelationship with her probation officer. The results of the drug testing are not relevant or material to the action. 10. The statements in Paragraph 10 are not averments of fact but state the Plaintiff's conclusions law and no answer to them is required. .il ~. ~ .~ 11. Denied. The Plaintiff has no such compelling needs or interest and, to the extent Plaintiff any interest in the results of the testing, those interests are outweighed by the needs of the Defendant the Commonwealth to foster open and candid communications between the Defendant and her bation officer, and this Court, as part of her probation supervision. The test results, and Defendant's nmunications with her probation officer, are privileged. 12. Denied for the reasons set out in the answer to Paragraph 11 above. Moreover, this Court other ways to obtain the information which Plaintiff seeks in this Petition. 13. It is admitted that there is no issue regarding intrusiveness future testing. However, the test, h Defendant was compelled to take as a condition of her probation, represents privileged information in addition, is protected by the Defendant's Fifth Amendment and other constitutional rights. 14. Denied. Defendant has not waived any of her rights regarding the tests results and her right keep the Plaintiff from seeing those results. 15. Denied. The test results are not necessary to assist Plaintiff in litigating the custody action in fact, are not necessary or even helpful in determining the custody action between the parties. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Petition. a .Andes Attorney for Defendant Supreme Court ID # 17225 525 N. 12`h Street Lemoyne, PA 17043 (717) 761-5361 .~„ OMMONWEALTH OF PENNSYLVANIA ) ( SS.: OUNTY OF CUMBERLAND ) Patricia A. Brolle, being duly sworn according to law, deposes and says that the facts set in the foregoing Answer are true and correct to the best of her knowledge, information, and ief. to and subscribed me 's p2,~____ day 1998. `~ ~' s, P tricia A. Brolle otary Pu~c. `~ ,......wyw ~. ~ ~ r~ ANA ~. ~ • PO- ~~ ~~ ~~ ~ U ~ ~~ ~~ ~,~ N~ ~~ . , Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff _.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, July ~ ~ , 1998, upon consideration of Plaintiff's Motion For Order to Compel Police Department to Release Seized Materials, the Court ISSUES a RULE on Defendant and on the Upper Allen Township Police Department to show cause why the Court should not grant Plaintiff the relief requested. The Rule is returnable fifteen (15) days from the date of service. BY THE Edgar B. Ba ley, J. J b ~~ ~. ~ ~t ~~~~ a ;: ~.j ~i Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (71'n 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98 - 2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PLAINTIFF'S MOTION FOR ORDER TO COMPEL POLICE DEPARTMENT TO RELEASE SEIZID MATERIALS 1. Concurrently with filing this motion, Plaintiff is filing a motion for release of drug testing results which the Cumberland County District Attorney ordered in the matter of Common- wealth of Pennsylvania v. Patricia A. Brolle, Cumberland County # 97-0157 Criminal. 2. Assistant District Attorney John A. Abom is assigned to the criminal case. 3. After Defendant left the marital residence, Plaintiff discovered a plastic bag containing what appears to be marijuana, and relinquished it voluntarily to the Upper Allen Township Police Department at the direction of ADA Abom. 4. By letter dated June 22, 1998, counsel for Plaintiff asked ADA Abom to confirm whether his office intended to analyze the contents of a certain plastic bag containing what Plaintiff believes to be marijuana. • ~' • e 5. Mr. Abom responded by letter dated June 24, 1998, a true and correct copy of which is attached as Exhibit "A". 6. As set forth in his response, ADA Abom will not test the materials, but will not oppose release for private testing. 7. Since instituting this proceeding, Plaintiff has raised concerns about Defendant's alcohol and substance abuse. See, e. g. , Plaintiff s Application for Special Relief filed on April 29, 1998. 8. The results of the analysis which Plaintiff desires to undertake are relevant and material to the pending custody action. WHEREFORE, Plaintiff requests the Court to enter an order directing the Upper Allen Police Department to release to Plaintiff s counsel or her designee for testing and analysis the plastic bag which the police secured from Plaintiff. Date: July 5, 1998 Respectfully submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plaintiff 2 ,, ~, y .~ •,. M.L. EBERT, JR. DISTRICT ATTORNEY '~ 1 OFFICE OF THE DISTRICT ATTORNEY CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 June 24, 1998 Theresa Barrett Male, Esquire 115 Pine Street Harrisburg, PA 171Q1 Re: Commonwealth v. Patricia A. Brolle 97-0157 Criminal Charge: Driving Under The Influence Affiant: Ptl. Donald Siekerman Dear Ms. Male: (717) 240-6210 (717) 697-0371, ExT 6210 (717) 532-7286, EXT 6210 FAx:(717)240-6164 I am in receipt of your June 22, 1998, letter and your June 23, 1998, facsimilie in regard to the above-captioned case. Please be advised that Mrs. Brolle was removed from the Guardian Interlock portion of our ARD Program by Judge Bess pursuant to the Commonwealth's motion. The results of the Judge's action is to place Mrs. Brolle into the regular DUI-ARD Program and, in effect, she lost her license for an additional five months. After speaking with District Attorney Ebert about your request to test certain drugs which allegedly belong to Mrs. Brolle which were turned over to Upper Allen Police by Mr. Brolle, the Commonwealth, in its discretion, will not be pursuing criminal charges in this matter against Mrs. or Mr. Brolle. Should you desire to have the suspected Marijuana analyzed for the purposes of your civil procedure, please obtain a court order directing the police department, at your expense, to arrange for the appropriate test of the materials. Please be advised that I am refusing to disclose to you the results of any drug testing that may have been done on Patricia Barolle. ~) U l~ ~ ~ X99$ .~; ~,,. Theresa Barrett Male, Esquire Page Two June 24, 1998 Thank you for your attention to this matter. Sincerely, j~John A. Abom Assistant District Attorney JAA/jlm cc: Upper Allen Township Police Department Nicole Galbraith, Probation Officer Samuel Andes, Esquire Patrick F. Lauer, Esquire VERIFICATION I, Theresa Barrett Male, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are matters of record and/or within my knowledge as counsel for Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Theresa Barrett Male Date: July 5, 1998 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by farst-class mail addressed as follows: John A. Abom, Esquire Cumberland County District Attorney's O,~`ice Cumberland County Courthouse Carlisle, PA 17013 Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17141 (717) 233-3220 Counsel for Plainti, ff Date: July 6, 1998 f ~ t,.~U of ~ 1 ~~ o~ -rt~~ -~~b-r }~o~c~~f~~y ~~ ~~ L ~ AM ~ ,o ~ C,u t~ ~~~. ~ t~ ~ C~~ ~`TV ~~ ~ w ~ Z ~ ~ z z ~ N ~ p 7E7 00 Z ~ ~ "'~ ..{ ^i v V cr G o r- m ~ ~ ~i,~ ~ t~ ~~_ r ,,;~ ~ ,: , ~ : =:a 7 > L ~ ~ -< t D -G Theresa $arrett Male Supreme Court #46439 115 Pine Street Hazrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant NO. 98 - 2416 Civil Term CIVIL ACTION -CUSTODY PLAINTIFF'S RULE 1915.13 APPLICATION FOR SPECIAL RELIEF SEEKING AN INTERIM ORDER FOR PRIMARY PHYSICAL CUSTODY 1. Plaintiff incorporates by reference the averments set forth in his application for an emergency order filed 04/29/98. A true and correct copy of that application is attached as Exhibit "A". 2. By order entered that same date, this Court, per the Honorable Edgaz B. Bayley, denied Plaintiff s application. A true and correct copy of the order is attached as Exhibit "B". 3. On June 11, 1998, the parties appeared before conciliator Michael Bangs, Esquire, who has submitted to the Court an interim consent order maintaining a shared physical custody arrangement. 4. The conciliation order also evidences the parties' agreement to secure a custody evaluation. 5. Defendant dictated the shared custody arrangement when she decided unilaterally to remove the parties' seven-year old son, Michael, from the marital residence. 6. Plaintiff had hoped that the court would enter the emergency order, based on his concerns about Defendant's substance abuse. 7. After the court denied the request for an ex-parte order, Plaintiff agreed reservedly to maintain the shazed custody arrangement for the summer months pending resolution of his request for primary custody. 8. Since appearing for the conciliation conference, however, Plaintiff has learned that Defendant submitted a urine specimen for analysis at the direction of the Cumberland County District Attorney. 9. Defendant has admitted to Plaintiff that she tested positive for drug use. 10. This Court also has suspended Defendant's Pennsylvania driver's license for an additional five months because she violated the guardian interlock program by driving a non- equipped vehicle. 11. Although Defendant had driven home under the influence on Apri122, 1998, but the responding police officers declined to arrest her because Michael was present. 12. Concurrently with filing this application, Plaintiff is filing two motions with the court: a. Plaintiff is seeking an order directing the District Attorney to release to Plaintiff s counsel the results of the random drug testing on Defendant. 2 b. Plaintiff is seeking an order directing the District Attorney and the Upper Allen Township police department to release to Plaintiff the plastic bag and its contents -- which Plaintiff believes to be marijuana -- which Plaintiff discovered at the marital residence and relinquished voluntarily to the police so that he can secure private testing of the bag and its contents. A true and correct copy of the letter from Assistant District Attorney John A. Abom addressing these issues is attached as Exhibit "C". 13. Michael's best interests will be served by entry of an interim order placing him in Plaintiff s primary custody pending any further dispositions by the custody court or the court in the criminal proceeding docketed to Commonwealth v. Patricia Brolle, #97-0157 (Criminal). WHEREFORE, Plaintiff requests the Court to enter an order scheduling a hearing on his request for interim primary custody of Michael Bro11e. Respectfully submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plainti,~`' Date: July 5, 1998 3 Theresa Barrett Male Supreme Court 1146439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant NO. 98 - Civil Term CIVIL ACTION -CUSTODY ~ ~ OO y '~ ---t ~ •~ yVA1~A -,yr~ _;~ ` %. ~ ~ { -Yl ~ i" -max ~ ~ PLAINTIFF'S RULE 1915.13 APPLICATION FOR SPECIAL RELIEF IN THE NATURE OF AN EMERGENCY CUSTODY ORDER 1. The parties are the natural parents of Michael Brolle, born June 26, 1991, who attends first grade at the Shepherdstown Elementary School. 2. From birth until April 27, 1998, the child resided with his parents at 314 E. Meadow Drive, Mechanicsburg, Pennsylvania ("marital residence"). 3. On April 27, 1998, Defendant Patricia A. Brolle ("Wife") vacated the marital residence without notice to Plaintiff Bruce W. Brolle ("Husband"). 4. On April 27, 1998, after picking up Michael from the daycare provider, Wife delivered Michael to Husband at the marital residence. 5. Wife has informed Husband that she intends to move Michael into her new residence. 6. Husband seeks an emergency interim custody order placing custody of Michael with Husband pending conciliation and further order of court for the following reasons: a. Wife has a history of driving while under the influence of alcohol. Commonwealth of Pennsylvania v. Patricia A. Brolle, Cumberland County # 97-0157 Criminal (Kevin A. Hess, J.) b. Wife is under an order of court to drive only the 1988 Toyota Corolla titled in her name which has been equipped with a Guardian Interlock system; c. since entry of the order, Wife has driven with Michael in a car which is not equipped with the Interlock system after she has been drinking; d. since entry of the order, Wife has picked up Michael from the daycare provider in a car which is not equipped with the Interlock system after she has been drinking; e. as recently as Wednesday, April 22, 1998, the police responded to a call for assistance at the marital residence because Wife had been driving after drinking; f. since entry of the order requiring her 1988 Toyota Corolla to be equipped with a Guardian Interlock system, Wife has been driving another vehicle which is not so equipped; 2 g. Husband has been attempting futilely to assist Wife in addressing her substance abuse problem; h. Husband has alerted Wife's probation officer about the continued drinking and driving; i. Husband believes and therefore avers that Wife is abusing substances other than alcohol; j. Wife spends only marginal time each weekday with Michael; k. on many evenings, Wife is "passed out" by 7:30 p.m. 1. Husband fears for Michael's safety and well-being when he is with his mother because of her alcohol abuse; m. Husband fears for Michael's safety and well-being when he is with his mother because of her lifestyle. 7. Wife's decisions to transport her son in a vehicle after she has been drinking reflects a reckless disregard for the child's welfare. 8. This Court has authority to enter an interim order pursuant to Pennsylvania Rule of Civil Procedure 1915.13. 9. Michael's best interests and permanent welfare will be served by entry of an interim order placing him in his father's custody. 3 10. Michael's best interests and permanent welfare will be served by entry of an interim order enjoining his mother from picking him up at school and daycare and from transporting him in any vehicle. WHEREFORE, Plaintiff requests the Court to enter an emergency order awarding him primary custody of Michael Brolle pending further order of court and enjoining Defendant as set forth in the order. Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plainti, f, j` Date: April 28, 1998 4 VERIFICATION I, Bruce W. Brolle, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ,C~jti,~-- L~>, /vim-~'~ Bruce W. Brolle Date: ~~Z ~~~ ~ EXHIBIT "B" 05/01/98 FRI 14:38 FAg 7Y7 240 6573 ~' ~_`. thetas. Bacratt I~Ie Supreme Coact A46439 I15 Pim Street Harrisburg, PA 17101 (717) ?33 3Z?A CoumKd for Plaintiff CUh[B CO YRUTHUNO'iAKY APR ~ 9 199E ~!VVL ~...r -- ~ ,.- ; ; , - _-_ ,, !_ 1''~' ~~;~ MAY 011998 ~~' ~,~ '~ ~~ ~. COURT OF COMMON PLEAS OF C COUNTY, PENNSYLVANIA sxucl~ w. BROLLE, Plaintiff . v. PATRICIA A.. BItOLLE, . Defendant NO. Q~~ oZ ~~ ~ ~ ~~v c ~ i 1:. 2 r~ CMY. ACTrON - CC7STODY E~~RGENCY CUSTODY ORDER rtND NOW, upon consideration of Plaintiffs Appllcotion for Special Relief, the Court ORDERS that, pending conciliation and further order of court, primary custody of Michael Brolle shall remain with his father, Plaintiff $ruce W. Brolle. Midtael shall continue to reside with Plaintiff and tb attend school and daycare from the mari~l residence. Plaintiff is ENIQINED fmm picking up Michael from school or daycare and from transporting him in any vehicle. BY THE COURT: . .~.~ / .% i ~ ~,,,~ ~ ~' ~- > ~: ~^ ~, EXHIBIT "C" M.L. EBERT, JR. DISTRICT ATTORNEY t t~, : `1 ~at~ ~~ ~ OFFICE OF THE DISTRICT ATTORNEY CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 June 24, 1998 Theresa Barrett 115 Pine Street Harrisburg, PA Re: Dear Ms. Male: Male, Esquire 17101 J ~'~ JUN 2 ~ 199$ u i n ~' --- (717) 240-6210 (717) 697-0371, ExT 6210 (717) 532-7286, ExT 6210 FAx: (717) 240-6164 Commonwealth v. Patricia A. Brolle 97-0157 Criminal Charge: Driving Under The Influence Affiant: Ptl. Donald Siekerman I am in receipt of your June 22, 1998, letter and your June 23, 1998, facsimilie in regard to the above-captioned case. Please be advised that Mrs. Brolle was removed from the Guardian Interlock portion of our ARD Program by Judge Hess pursuant to the Commonwealth's motion. The results of the Judge's action is to place Mrs. Brolle into the regular DUI-ARD Program and, in effect, she lost her license for an additional five months. After speaking with District Attorney Ebert about your request to test certain drugs which allegedly belong to Mrs. Brolle which were turned over to Upper Allen Police by Mr. Brolle, the Commonwealth, in its discretion, will not be pursuing criminal charges in this matter against Mrs. or Mr. Brolle. Should you desire to have the suspected Marijuana analyzed for the purposes of your civil procedure, please obtain a court order directing the police department, at your expense, to arrange for the appropriate test of the materials. Please be advised that I am refusing to disclose to you the results of any drug testing that may have been done on Patricia Barolle. - ~'" ~ j Theresa Barrett Male, Esquire Page Two June 24, 1998 Thank you for your attention to this matter. Sincerely, ~~ ~ -- John A. Abom Assistant District Attorney JAA/jlm cc: Upper Allen Township Police Department Nicole Galbraith, Probation Officer Samuel Andes, Esquire Patrick F. Lauer, Esquire • VERIFICATION I, Bruce W. Brolle, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Bruce W . Brolle Date: PROOF OF SERVICE I hereby cerkify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaint Date: July b, 1998 ~~ ~~f~~ ~U L ~ ~' ~ ~ `~ ~ ~ ~~~ N'~ t~,A ~ ~ ~~ L-~ x ~ ~' N © y yy Z ~ ' ~ V ~ c~ o r- ~~: c.. -~ rs~ ~-r? c-' ; ~; t ~ - ^' w ~ ~"~ ~' c ) ' ~ ~ '~ , Theresa Bazrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant NO. 98-2416 Civil Term CIVIL ACTION -CUSTODY PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF REQUEST FOR INTERIM PRIMARY CUSTODY, RELEASE OF TESTING RESULTS. AND TESTING OF SEIZED MATERIALS A. Relevant Factual and Procedural Background: Bruce W. and Patricia A. Brolle were married, divorced, and then remarried on November 4, 1989. Their son, Michael Brolle, was born on June 26, 1991. Michael has resided since birth at 314 E. Meadow Drive, Mechanicsburg, the marital residence. He attends Sheperdstown Elementary School and will be in second grade this school year. On April 27, 1998, Defendant without notice to Plaintiff vacated the marital residence and into a condominium located at 460 Allenview Drive, Mechanicsburg. On April 29, 1998, Plaintiff filed a complaint seeking primary custody of Michael. Plaintiff also applied under Rule 1915.13 for an emergency order granting him primary custody.' On the same date, this Court denied the request. Thereafter, the parties participated in a custody conciliation conference, at which they agreed to maintain the shared custody schedule under which they had been operating and to seek a custody evaluation. After the conciliation conference, Plaintiff learned several facts which convinced him to renew his request for an interim order awarding him primary custody. First, the Honorable Kevin A. Hess removed Defendant from the Guazdian Interlock portion of the ARD program. She thus was placed into the regular DUI-ARD program, and lost her operator's license for an additional five months. Second, Plaintiff found in the home and voluntarily relinquished to the Upper Allen Township Police Department a plastic bag, the contents of which appeared to contain marijuana, which Plaintiff had found in the marital residence. Third, the District Attorney required Defendant to submit a urine specimen for drug testing. Plaintiff also has filed motions seeking confirmation of the urinalysis results and release of the seized materials for testing. B. Relevant Law and Application to Facts: Pennsylvania Rule of Civil Procedure 1915.13 provides in relevant part: At any time after commencement of the action, the court may on application or on its own motion grant appropriate interim or special relief. The relief may include but is not limited to the awazd of temporazy custody, .... ' As set forth in that application, Defendant previously was convicted of driving under the influence. Commonwealth of Pennsylvania v. Patricia A. Brolle, Cumberland County # 97-0157 Criminal (Kevin A. Hess, J.) She was under an order of court to drive only the 1988 Toyota Corolla titled in her name which had been equipped with a Guardian Interlock system. 2 42 Pa. C.S.A. 1915.13. As the explanatory note confirms, this broad rule empowers the custody court to enter any relief which may be appropriate under the facts of the case. Similarly, Rule of Civil Procedure 1915.8 empowers the court to direct a party to submit to an evaluation. Id. § 1915.8. Pursuant to these rules, and the custody court's obligation to assess all factors which legitimately impact on the child's development and well-being,2 this Court has the authority to award Plaintiff interim primary custody and to grant his motions. Defendant claims that the results of the drug testing ordered by the District Attorney are neither relevant nor material to the custody action. Defendant's Answer to Plainti,~"'s Motion for Release of Drug Testing Results at 1 9. There is no basis for this claim, however. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. New Pennsylvania Rule of Evidence 401. The ultimate issue in the instant case is the best interests of the child. The results of the drug testing therefore clearly are relevant. See also New Rule of Evidence 402, which provides that "[a]ll relevant evidence is admissible, except as otherwise provided by law." In the instant case, there are no statutory exclusions to the admission, in a custody case, of evidence establishing the alcohol and/or drug usage by a parent. a In all custody cases, the court must consider all factors which affect the child's physical, intellectual, moral and spiritual well-being, E.A.L. v. L.J.W., 443 Pa. Super. 573, 580, 662 A.2d 1109, 1112 (1995) and fashion an order which will best serve the child's interests. 3 Defendant claims that she has a right to privacy which precludes disclosure of the results to Plaintiff in the context of this custody action. Defendant's Answer to Plainti,~`"s Motion for Release of Drug Testing Results at 1 9. The law does not afford Defendant relief on privacy grounds, however. Although an individual's right of privacy is protected by the Constitutions of both the United States and Pennsylvania, that right is not absolute. John M. v. Paula T. , 524 Pa. 306, 571 A.2d 1380 (1990), cert. denied, 498 U.S. 850 (1990). Rather, it is circumscribed by the court's obligation to conduct a penetrating and comprehensive inquiry of all matters which affect the child. Our custody law similarly provides no support for Defendant's position. For example, in Barron v. Barron, 406 Pa. Super. 401, 594 A.2d 682 (1991), the Superior Court assailed the lower court's failure to assess the impact of the father's drinking problem on the child prior to awazding him custody: We are also deeply troubled by the trial court's utter failure to address the effect of father's drinking on his ability to provide adequate care for Christine. In addition to mother's testimony, father's own friends testified that father was prone to drink intoxicating beverages to the point of getting verbally abusive or falling asleep. The trial court failed to address the issue, beyond duly noting that father "has some drinking problems on occasion. " We do not understand why the court did not perceive this as a significant factor in determining whether Christine's interests would be best served by living primarily with mother or with father. Although much of the drinking took place in the company of friends in the context of social settings, there was uncontradicted testimony that the excessive drinking went on in the child's presence and on at least two occasions father had passed out when he was the sole caretaker of Christine. Fortunately for the child, there was a strong support system of relatives and neighbors who were able to compensate for father's failure to act in a manner appropriate to one charged with the caze of a five-year old child. The fact that father had never missed work nor been arrested for drunken driving or some other alcohol-related behavior is not the determinative factor. In Commonwealth ex red. McNamee v. 4 Jackson, 183 Pa. Super. 522, 132 A.2d 396 (1957), this Court reversed an order awarding a father custody of his children where the testimony of four witnesses showed that the father drank excessively and was very intoxicated on numerous occasions. The Court stated: The trial court may have been justified in finding that 'the evidence does not indicate that he is an alcoholic,' but it was not justified in ignoring the overwhelming weight of the evidence establishing that he did drink intoxicating beverages to excess a number of times, including occasions when his children were present. Id. at 528, 132 A.2d at 399. Similarly, given the testimony in this case, we find that the trial court abused its discretion in fashioning the custody award without due regard to father's drinking habits. We therefore remand the case for reconsideration of the custody order. 406 Pa. Super. at 411-412, 594 A.2d at 686-687 (1991). See also Cardamone v. Elshhoff, 442 Pa. Super. 263, 659 A.2d 575 (1995): ... Mother contends that the trial court erred in basing its custody order on Mother's past history, rather than on her present capabilities to care for the child. We must disagree. The trial judge did not base his decision solely on Mother's prior homelessness, drug addiction, or alcoholism, but, instead, looked to this prior conduct as but one factor in ascertaining the best interests of Daughter. Judge Jackson opined that, "These factors combined to give Jennifer (Daughter) an unstable, if not chaotic life." See Commonwealth ex rel. Myers v. Myers, 468 Pa. 134, 360 A.2d 587 (1976)(holding that parent's non-marital relationships are at most factors to be considered in determining the best interests of the child); Vicki N. ,supra, 437 Pa. Super. 166, 649 A.2d 709 (considering Mother's alcohol abuse and medical problems in determining best interests of the child). While we applaud Mothers accomplishments to date, we cannot find that the trial court erred in considering some of her past conduct in fashioning the custody order. The prevailing issue must remain the best interests of Daughter, and, in determining what those best interests are, the court must sometimes delve into the sometimes tarnished past of one or both of the parents or parties. 442 Pa. Super. at 279, 659 A.2d at 583 (footnote omitted)(emphasis added). 5 Defendant asserts that Plaintiff s pursuit of his motions and an interim order giving the child stability and security is motivated by animus. On the contrary, a. Defendant has a drinking problem. b. Defendant's drinking problem resulted in a DUI charge and placement in the ARD program. c. after placement in the ARD program, Defendant continued not only to drink, but also to drive after she had been drinking. d. as a result of her continued driving while intoxicated, Defendant was removed from the Guardian Interlock portion of the ARD program. e. as a result of her continued driving while intoxicated, Defendant lost her driver's license for an additional five months. f. after her removal from the interlock portion of the ARD program, Defendant was required by the District Attorney to submit to a random drug test. g. Defendant maintains to this date that she does not have a problem. h. prior to the parties' separation, Defendant frequently was away from the home doing "adult things." 6 i. prior to the parties' separation, Defendant frequently left home without notice to purchase marijuana which she smoked openly. j . prior to the parties' separation, Defendant on many evenings arrived home in an intoxicated state and "passed out" by 7:30 p.m. k. Michael turned seven in June. He has witnessed his mother's drinking and passing out. He recognizes that he cannot awaken her when she is in this condition. He has been struggling with, and continues to do so, his mother's alcohol abuse. 1. prior to separation, Plaintiff was Michael's primary caregiver. At present, Plaintiff seeks an interim order allowing him to continue providing Michael with stability during the school year. m. Defendant moved out of the marital residence on April 27, 1998 without notice to Plaintiff. She now is moving a second time in less than four months into the home of her paramour. Without regard for Michael's emotional and psychological needs, Defendant has fabricated a new family which is untested and unstable. She lacks insight into the anxiety which this behavior, in addition to her alcohol abuse has on Michael. 7 As this court is aware, substance abusers are enabled by those who care most deeply about them. Plaintiff clearly was an enabler for Defendant. Prior to their separation, however, Plaintiff began counseling, which he continues. Through that process, he realized the effect which his enabling had not only on Defendant but more importantly on Michael. Plaintiff attempted to involve Defendant in counseling, but she refused. Her standard response to his overtures has been, and continues to be, that her behavior is none of his business and that she does not have a problem.3 Plaintiff is not seeking an order carved in stone. He also is not attempting, as Defendant charges, to gain an advantage in the custody and the divorce actions. Rather, he wants to ensure that Michael's needs are met first, and given the parties' history, Plaintiff is the only parent who presently can accomplish this. Conclusion: For all of the foregoing reasons, Plaintiff requests the court to enter the order which he attached to this Brief as Exhibit "1". ~~~i~~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Hamsburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plaintif,~' Date: August 26, 1998 s Denial is a hallmark of substance abuse. 8 Theresa Barrett Male Supreme Court l~46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff . v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, . Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, August 26, 1998, the Court ORDERS: 1. Effective this date, and continuing for the 1998-1999 school year, the parties' son, Michael Brolle (DOB: 06/26/91) shall reside with Plaintiff ("Father") at 314 E. Meadow Drive, Mechanicsburg, Pennsylvania. 2. The parties shall share legal custody. 3. Defendant Patricia A. Brolle ("Mother") shall have custody of Michael: a. beginning Thursday, August 27, 1998, every Thursday from 4:00 p. m. until 8:00 p. m. b. beginning Tuesday, September 1, 1998, every Tuesday from 4:00 p. m. until 8:00 p. m. c. beginning Friday, August 28, 1998, alternating weekends from Friday at 4:00 p.m. until Monday at 8:00 a.m. 4. Pending further order of court, the parties shall alternate the following holidays, beginning with Labor Day, which Mother shall have in 1998: Labor Day, New Year's Day, Easter Sunday, Memorial Day, and Fourth of July. Unless the parties otherwise agree, the times shall be from 9:00 a. m. to 8:00 p. m. on the holiday itself. 5. Mother shall have Thanksgiving in even-numbered years from 9:00 a. m. until 8:00 p. m. Father shall have this holiday in odd-numbered years. 6. Segment A of the Christmas holiday is: Christmas Day at 2:00 p. m. until December 29 at 8:00 p. m. Segment B is: Christmas Eve at 12:00 p. m. until Christmas Day at 2:00 p.m., and December 29 at 8:00 p.m. until January 1 at 9:00 a.m. In even-numbered years, Mother will have Segment A and Father will have Segment B. In odd-numbered years, Mother will have Segment B and Father will have Segment A. 7. The parties will share custody during the summer months on a week-to-week basis. Each parent shall have Wednesdays from 4:00 p. m. to 8:00 p. m on that parent's non- custody week. Additionally, the parent with custody shall be responsible for ensuring Michael's attendance at summer activities. 8. Mother shall provide the transportation on Tuesdays and Thursdays. During the summer, the parent getting custody on Wednesday evenings shall provide the transportation. For all other times, the party securing custody shall provide transportation. 2 9. Within five (5) days of the date of this Order, Mother shall release to Arnold T. Shienvold, Ph.D, for inclusion in his custody evaluation the results of the urinalysis test which the Cumberland County District Attorney's office directed her to undergo in June 1998. 10. Within ten (10) days of the date of this Order, the Upper Allen Township Police Department shall arrange with counsel for Father for the testing, at Father's expense, of the plastic bag and its contents seized from the residence at 314 E. Meadow Drive, Mechanicsburg. 11. The parties shall continue with the custody evaluation unless they agree in writing. to terminate it. 12. On request of either party, the conciliator shall set a conciliation conference in June 1999 to review this order. BY THE COURT: Edgar B. Bayley, J. 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of theforegoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service via fax and hand-delivery addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Hamsburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plainti,~j`' Date: August 26, 1998 O ~ c ~ '~ ~ ~ ~ ~, m ~ ~, ... ~ o r r ~ BRUCE B. BROLLE, Plaintiff vs. PATRICIA A. BROLLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 98-2416 CIVIL TERM ORDER AND NOW, this ~ day of ,~J1.~-~ , 1998, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Michael Brolle, d.o.b. June 26, 1991. 2. The parties shall share physical custody of the minor child on a week- on, week-off basis with the transfer day being Monday evening at the time to be agreed upon by the parties. This alternating week schedule shall commence with Mother beginning June 15, 1998. In addition, the parties agree that during their non-custodial week, they shall be entitled to Thursday evening with the child at times to be agreed upon by the parties. In the event that Thursday evening does not work out and the parties can agree, they shall have another evening during the week such that they shall have at least one day when the child is with the other parent. 3. The parties agree to engage themselves and the minor child in a custody evaluation. The parties agree that they shall completely cooperate with the completion of this evaluation. The parties, through their counsel, shall agree upon an appropriate evaluator. The parties shall share the cost of the evaluation such that Father shall be responsible for 60%, and Mother shall be responsible for 40%. 4. The parties acknowledge that they are reaching this agreement on a temporary basis and it does not prejudice either party's rights to raise any issues that they might otherwise have raised or will raise in an ultimate custody hearing. 5. If upon receipt of the custody evaluation the parties cannot agree upon an ultimate custody order, either party may petition the court for another conciliation. BY THE COUR`f;~' ~/ /l EDGAR B. BAYLEYL J. Theresa Barrett Male, Esquire ~~~~ ~ 7'L -z, f~ Samuel L. Andes, Esquire mlb -, , ~ -.a ~ , . ~ ~:,, ,. s., ~n ~~l,~~1.3'uJ i~~ BRUCE B. BROLLE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -CUSTODY PATRICIA A. BROLLE, ) Defendant ) N0.98-2416 CIVIL TERM JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Michael Brolle June 26, 1991 Plaintiff 2. A Conciliation Conference was held on June 11, 1998, and the following individuals were present: the Plaintiff and his attorney, Theresa Barrett Male, Esquire; the Defendant appeared with her attorney, Samuel L. Andes, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff s position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: See attached Order. Date: June 18, 1998 `' `~""` Micha 1 L. Bangs Custody Conciliator Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff ~~ MAY O 1 1998 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant NO. 98 - ~ y/ ~ Civil Term CIVIL ACTION -CUSTODY ORDER OF COURT M AND NOW, this ,~ day of 1998, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before the Conciliator ~~Ch('~t Esquire at ~~~ ~ ~ ~~ ~ , , C~(r~O ~ ~, ~ , ~!-~ on ~~~ ` 1998 at `~ . m. for aPre-Hearing Custody Conference. At such Conference, an effort will be made tv 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, Date of Order: ~ ~ S , 1998 By: ,~ Custody Conciliator ~~ , J 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 - 4th Floor 1 Courthouse Avenue Carlisle, FA 17013-3387 (717) 240-6200 AMERICANS WITH DISABII,ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT.• J. 2 G~ ~ ~ ~ ~~~~ L. G~~ - _ ~A, ~i{~t ..~ ._..:.y a h~"~`1Gi~~;~~:~;~~: ~;_~ :~J ~~i~~ rr-G~~i~ Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98 - a- y~~o Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Bruce W. Brolle, who currently resides at 314 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Patricia A. Brolle, who currently resides at 406 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Address Date of Birth Michael Brolle 314 E. Meadow Drive 06/26/91 Mechanicsburg, PA The child presently is in the custody of plaintiff. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Dates Bruce W. Brolle 314 E. Meadow Drive 04/27 - Mechanicsburg, PA date Bruce W. Brolle 314 E. Meadow Drive birth - Patricia A. Brolle Mechanicsburg, PA 04/27 The mother of the child is Patricia A. Brolle, currently residing at 406 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. The father of the child is Bruce W. Brolle, currently residing at 314 E. Meadow Drive, Mechanicsburg, Pennsylvania 17013. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: the child. 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or in any other court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 2 Plaintiff does not know of any person not a party to this proceeding who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. plaintiff is the child's primary caretaker; b. defendant abuses alcohol; c. defendant has a history of driving while under the influence, including with the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Court grant him custody of Michael Brolle (DOB: 06/260/41). ~~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plaint Date: ~~ "'~ ~ ~ Q~ 3 VERIFICATION I, Bruce W. Brolle, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Bruce W. Brolle Date: ~~ ~f p Ft~~~ -~f~tC,~ bf T+~~ ~~~~~o~d-~~y ~ $ a~ ~, z~ ~~n ~ : 3 ~ ~~.sv c~,o O r~,a O -S°`t ~'~v 5v l ~d • ~~ ~ 2~ 3 3 ,~ ~" ,~ , ~ ~ ~. ~ ~ ~ ~~~ ~~ ~~c~ ~~ ~~ u> ~. ~,~ .~~ ~~ ~, ~ £t, - ~ . ~~_ ~; ~ ~ ~ A ~ ' ~ ~ Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff ; v • NO. 98 - 2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of defendant. Sa .Andes, squire 525 North Twelfth Street Lemoyne, Pennsylvania 17043 (717) 233-3220 Attorney for Defendant Date: ~ ~ C)~Q, ~~Q~ .~ 5,~ . i~ .t ~ ",~ -~ _ * 1 „' v ~S 47 ~% C,3 W t BRUCE BROLLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA BROLLE, DEFENDANT 98-2416 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of July, 1998, upon agreement of counsel, the hearing now scheduled for August 7, 1998, is rescheduled to Wednesday, August 26, 1998, at 2:30 p.m., in Courtroom Number 2. By the Court, ,/ / Edgar B. Baylor, J. Theresa Barrett Male, Esquire ' For Plaintiff _ ~..~,~ ~ '~~ ~q ~ 9 8 y _~ :~ Samuel L. Andes, Esquire For Defendant saa a.~ ~ ~<~r b~ xi~(a 1 • SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-3361 FAX (717) 761-1433 23 July 1998 The Honorable Edgar B. Bayley Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Bruce Brolle vs. Patricia Brolle No. 98-2416 Civil Term In Custody Dear Judge Bayley: I write to confirm that the hearing which had originally be scheduled before you for 7 August 1998 has now been rescheduled and will be held at 2:30 p.m. on 26 August 1998. I am sending a copy of this Theresa B. Male, Esquire, to confirm the new time with her. We thank you and your staff for your cooperation. Sincerely, Samuel L. Andes amr cc: Theresa Barrett Male, Esquire Patricia A. Brolle Theresa Bazrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, July ~ 1998, upon consideration of Plaintiff's Application for Special Relief, the Court ISSUES a RULE on Defendant to show cause why the Court should not award Plaintiff primary custody pending the outcome of the custody evaluation and further order of court. The Rule is returnable at a hearing to be held on ~ y 7 , 1998 at ~. ~ S c, m. in Courtroom # ~_, Cumberland County Courthhouse, Carlisle, Pennslvania. W/1Jv~ ~ m~-- ~~ 7~Q~ C~ ~-% _, [ _ :t. _~ ` ` ;_7 ~ v, '3 -~ ;';i :': -~ ~=s ! ~, Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (71'n 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE VV. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, . Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, August 1998, upon consideration of Plaintiff's Motion far Hearing, the Court GRANTS the motion. The Court will hear the merits of Plaintiff s Motion for Release of Drug Testing Results and Motion for Order to Compel Police Department to Release Seized Materials on August 26, 1998 at 2:30 p.m. in Courtroom # 2, Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, Pennsylvania. BY THE Edgar ~: Ba"y~ey, J. °`~ b -.mot ~. ; ;11 ~';~ ~ ~ :iii' '~~ r _ ~ t Theresa $anett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff : v. NO. 98 - 2416 Civil Term PATRICIA A. BROLLE, . Defendant CIVIL ACTION -CUSTODY PLAINTIFF'S MOTION FOR BEARING 1. On July 6, 1998, Plaintiff filed to this custody action a Motion for Release of Drug Testing Results and a Motion for Order to Compel Police Department to Release Seized Materials. 2. On July 7, 1998, this Court, by the Honorable Edgar B. Bayley issued rules on both motions returnable fifteen days from the date of service. 3. Plaintiff served the rules on Defendant, Assistant District Attorney John A. Abom, and the Upper Allen Police Department. 4. Defendant timely filed answers to both petitions. 5. No response has been filed by the District Attorney's Office or the Upper Allen Township Police Department. 6. The matters are ripe for hearing. "'° r .w 7. The Court has scheduled a hearing on Plaintiff s Application for Special Relief Seeking an Interim Order for Custody for August 26, 1998 at 2:30 p.m. 8. Judicial economy will be served by hearing the motions at the same time. WHEREFORE, Plaintiff requests the court to enter an order setting the hearing on the motions for August 26, 1998 at 2:30 p.m. Respectfully submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaint Date: August 8, 1998 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by,first-class mail addressed as follows: John A. Abom, Esquire Cumberland County District Attorney's 0,,~`cce Cumberland County Courthouse Carlisle, PA 17013 Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plainti, f, f' Date: August 11, 199$ ~ ~ ~ C,-~ ~~ q~ ~~12 ~~ ~:© 5y, .. ~ re Q C n ,r Z A -o ~' m ~ m Z 3, m r. -~ .~..{{ Z. :a ~ ~' ~ Y ~ y d t- cn CU ~ ~ ~ " r't t~i x ? ~~ ~. L I ~ w , ~ BRUCE W. BROLLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA A. BROLLE, DEFENDANT 98-2416 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of August, 1998, the mother, Patricia A. Brolle, having acknowledged that the results of a urinalysis test were positive for marijuana, the petition of Bruce W. Brolle for the formal release of the results of the test, IS MOOT. The motion of Bruce W. Brolle to compel the Upper Allen Township Police Department to release certain seized materials in their possessign, IS DENIED. By the Cour ,~~h Theresa Barrett Male, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant John Abom, Esquire Assistant District Attorney Edgar B. Bayley,/J. :saa ..~b •$• i ~ ' I , -~: ~,n~'1 ~,~ rt;: ~ y.~ n.~ 1 BRUCE W. BROLLE, ; IN THE COURT OF COMMON PLEAS OF PLAINTIFF ;CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA A. BROLLE, DEFENDANT 98-2416 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of August, 1998, the petition of Bruce W. Brolle for emergency relief, IS DENIED. The temporary order entered on June 30, 1998, shall remain in effect pending a conciliation conference and further order of court. Theresa Barrett Male, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant By the Cour~r,' ~' Edgar B. Bayley, J.~,> C :saa r; , _a ~= '~ ~~r" ,,e r~ "~~~ " !'. i ...v vii ~ C~,Y; ~~ ~v~_~:, _,....:5 a Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Petitioner ~~~@ J~. ~: i ~~~ ,` ~ .`~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. PATRICIA A. BROLLE, Defendant PATRICIA ANN BROLLE, Plaintiff v. BRUCE W. BROLLE, Defendant NO. 98-2416 Civil Term CIVIL ACTION -CUSTODY NO. 98-2460 Civil Term DR 27605; PACSES 642100140 CIVIL ACTION -DIVORCE ORDER OF COURT AND NOW, January _~, 1999, upon petition of Defendant's counsel, the Court issues a RULE on Plaintiff and Defendant to show cause, if any, why the Court should not ~;r2utt the relief requested in the petition. Rule returnable ten (10) days from the date of service. i ..:' -} ,-,.: , ,~, G• ..z .. .. _ ~ ~ ..:~ ~ i., ~ a °j' r\C] ~ . r Theresa Barrett Male Supreme Court #4G439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PATRICIA ANN BROLLE, Flaintiff v. NO. 98-2460 Civil Term : DR 27605; PACSES 642100140 BRUCE W. BROLLE, Defendant CIVIL ACTION -DIVORCE PETITION FOR LEAVE TO TO WITHDRAW APPEARANCE ON BEHALF OF BRUCE W . BROLLE 1. On April 24, 1998, Bruce W. Brolle "Brolle" retained Petitioner to represent him in connection with his divorce and custody actions. 2. Brolle signed a fee agreement. 3. Professional considerations require termination of the representation. .. Petitioner's continued representation of Defendant will result in an unreasonable - financial burden on Petitioner. 5. Brolle has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services and has been given reasonable warning that Petitioner will withdraw unless the obligation is fulfilled. WHEREFORE, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Bruce W. Brolle. Respectfully submitted, i~ ~.~~ ~ Theresa Barrett Male, Esquire Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: January 11, 1999 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the forgoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by fast.-class mail addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 1704:1 Attorney for Plaint Bruce W. Bro11e P.O. Box 546 Mechanicsburg, PA 17055 Defendant ii`~~~/~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: January 11, 1999 ~, Q +Cpi N 2 N ~_ V_ ~ •~ O r m ~~ ....) £.,.. { 1, .,7 ' ~ C~ f j ~ ~, ~ ~ ~ ~ 1 - ~. ,r.~~ rte'] v ~~ x DEB 101999 Theresa Bazrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PATRICIA ANN BROLLE, Plaintiff v. NO. 98-2460 Civil Term DR 27605; PACSES 642100140 BRUCE W. BROLLE, Defendant CIVIL ACTION -DIVORCE ORDER OF COURT AND NOW, February k 4 , 1999, the Court GRANTS Theresa Barrett Male, Esquire leave to withdraw as counsel for Bruce W. Brolle these proceedings. BY THE COURT.• ~ ,~' _ i i ' ~'l ~w _, ~ r f _ s 3 _ _ ~l`w: M S. p } ~}~- ~ 1"'~,j] 1 w7 ~ J Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE W. BROLLE, Plaintiff v. NO. 98-2416 Civil Term PATRICIA A. BROLLE, Defendant CIVIL ACTION -CUSTODY PATRICIA ANN BROLLE, Plaintiff v. NO. 98-2460 Civil Term DR 27605; PACSES 642100140 BRUCE W. BROLLE, Defendant CIVIL ACTION -DIVORCE PETITIONER' S MOTION TO MAKE RULE ABSOLUTE 1. On January 12, 1999, Petitioner Theresa Barrett Male, Esquire filed a petition for leave to withdraw as counsel on behalf of Bruce W. Brolle in these proceedings. 2. Petitioner served copies of the petition on Patricia Ann Brolle through her counsel and on Bruce W. Brolle on January 11, 1999. 3. On January 18, 1999, Petitioner served on the parties a certified copy of the show-cause rule issued by the Court on January 15, 1999. f .. 4. The rule was returnable ten (10) days from the date of service. 5. The return date has passed without answer by either party, WHEREFORE, Petitioner requests the Court to make the rule absolute and grant her petition for leave to withdraw as counsel. Respectfully submitted, ~- Theresa B ett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: February 8, 1999 2 ~ ~ r PROOF OF SERVICE I hereby certify that I am this day serving a copy of the forgoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Plaintiff Bruce W. Brolle P.O. Box 546 Mechanicsburg, PA 17055 Defendant i~ ~~~~~~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: February 8, 1999 y,. ' ~- } 11y~ O . C~'~!'7J7 G r ~~ yV,~j ~". '0 ~ ~ m O ~ G ,"y+. .+ V o r rr+ 'R~. "4 < b ''6 c"') 'C3 r ; ;-r~t 5 r'~ i_J --r~ _~_ ; , ~? ~ ji Y~ ~ ;;~ ~ [~ BRUCE W. BROLLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA A. VOLCKO formerly PATRICIA A. BROLLE, DEFENDANT 98-2416 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2004, the custody hearing currently scheduled for April 15, 2004, IS CANCELLED. The hearing is rescheduled for Wednesday, May 19, 2004, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court ,. 1 G~ Edgar B. Bayley, J. Michael J. Wilson, Esquire ~ For Bruce W. Brolle Samuel L. Andes, Esquire For Patricia A. Volcko sal G ~ ~~~ ~.` ~ _ ~ ~. ztb t5 iµ y`4 ~ ~t~r .-, r ~^t ~~~ il: ~~ BRUCE W. BROLLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA A. VOLCKO formerly PATRICIA A. BROLLE, DEFENDANT 98-2416 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2004, on the motion of Bruce W. Brolle for a continuance of a hearing now set for Wednesday, May 19, 2004, IS GRANTED. The hearing is continued until Friday, July 23, 2004, at 8:45 a.m. ~lVlichael J. Wilson, Esquire For Bruce W. Brolle amuel L. Andes, Esquire For Patricia A. Volcko :sal By the Court, ,~ Edgar . Bayle O.$ a0 -0 ~4 1 F i j( tl-~ .. ^~n s ~nM..i~ ~_t'f=1~1_ Attorney Michael J. Wilson PA ID No.: 52680 Attorney for Plaintiff Father 816 Derby Avenue Camp Hill PA 17011-8367 717.774 7018 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA $RUCE W. BROLLE Plaintiff Father v. PATRICIA A. VOLCKO 98 - 2416 CIVIL TERM Defendant Mother PLAINTIFF FATHER' S MOTION TO CONTINUE CUSTODY HEARING 1. On November 20, 2003, Defendant Mother has filed a Petition to Modify Custody Order in this matter. 2. By Order of Court (J. Bayley) on January 22, 2004, as a result of the Custody Conciliation Summary Report and its proceedings through the office of Attorney Melissa Peel Greevy, the Court ordered the parties to submit to an independent custody evaluation to be performed by Stanley Schneider, Ed.D.. 3. By Order of Court (J. Bayley) on February 5, 2004, a hearing on this matter was rescheduled for Wednesday, May 19, 2004 at 1:30 p.m. in Courtroom Number 2. 4. The parties have been meeting with Dr. Schneider over a period of months, but to date no evaluation report has been published and no other communications have been made from his office to the undersigned attorney by the time of the filing of this Motion. 5. Defendant Mother's petition seeking modification of the existing custody rights, which rights, pertaining to both physical and legal custody, have been and are currently completely Page -1- .~.. t shared with Plaintiff Father by their mutual agreement for a period of more than five (5) years before and following their divorce, seeks modification which, if granted, would result in a substantial change to the detriment of the Father's current rights. 6. Plaintiff Father and his counsel would be substantially prejudiced by the inadequate amount of time in which to consider, deliberate, and respond to the contents of the custody evaluation report, particularly if such report, whenever published, was detrimental to the current custody rights of the Father, relative to the pending date of the hearing on May 19, 2004, six days from this date. 7. Furthermore, concurrent with the filing of this Motion, Plaintiff Father is filing for a divorce from his current marriage which marital relationship has been and is believed to be a source of substantial contention relative to the custody issues and Plaintiff Father requests adequate time to meet with, inform, and discuss with Dr. Schneider the divorce action as it relates to these proceedings. 8. On this date, counsel for Plaintiff Father sought the concurrence/non-concurrence of counsel for Defendant Mother, Attorney Samuel L. Andes, for this Motion and relief sought, but at the time of filing had not received any return communication from him. WHEREFORE, Plaintiff Father prays the Court grant a continuance of the custody hearing until thirty (30) days from such time that Plaintiff Father is able to meet with the Custody Evaluator, Dr. Stanley Schneider, concerning his filing for divorce from his wife, and the publication of the Custody Evaluation Report by Dr. Schneider. Plaintiff Father shall give the court notice of the completion of such events. A proposed Order is attached. Page -2- Respectfully submitted, Mic 1 J. Wilson Attorney for Plaintiff Father Bruce W. Brolle CERTIFICATE OF SF~RVICE I hereby certify that I served a copy of the foregoing Plaintiff Father's MOTION TO CONTINUE CUSTODYHEARING upon the following individual(s) by facsimile transmission and US Mail, postage prepaid, on the date set forth below: Attorney Samuel L. Andes 525 North Twelfth Street PO Box 168 Lemoyne PA 17043 761-1435 (fax) Dated: May 13, 2004 ~,~~~~ Michael J. Wilson Attorney for Bruce W. Brolle Page -3- ,-? ;, ~. {== -~ r~ ~~.~ ' y~~ -^' ;~ ~- e-` _ ~""1 r~. ~ J BRUCE W. BROLLE, Plaintiff NO. 98-2416 CIVIL TERM v. PATRICIA A. VOLCKO, formerly PATRICIA A. BROLLE, Defendant Edgar B. Bayley, J. Dist: amuel J. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 ,/Michael J. Wilson, Esquire, 816 Derby Avenue, Camp Hill, PA 17011-8367 J ;~ a,~~ „~.Z BAYLEY, J. --- IN THE COURT PLEAS OF CUMBERLAND C~~ NSYLVANIA CIVIL AGTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this _~2~~ day of January, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Stanley Schneider, Ed.D. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information requested by the evaluator. Additionally, the parties shalt extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Initially, the cost of the evaluation will be shared equally by the parties. However, Mother reserved the right to argue for a different allocation of the cost of the evaluation at the time of hearing. 2. The parties may request a return to Custody Conciliation after they receive the report. However, it is acknowledged that their agreement to return to Conciliation is contingent upon finding a date which would not require delaying the date for hearing. The parties have been advised that it is their duty to proceed promptly with the custody evaluation so that the report will be available prior to hearing as scheduled below. 3. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 15th day of April, 2004, at 8:45 A.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Patricia A. Volcko, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. BY E COU ~ ~~~ ~. ; r ~.~r5 ~.~,. ~~„. -, ,,.,~ „~ ~t:;~ F,, ± ~ ~ 4. tt~'a~ v BRUCE W. BROLLE, Plaintiff NO. 98-2416 CIVIL TERM v. PATRICIA A. VOLCKO, formerly PATRICIA A. BROLLE, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: JAN 2 12004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Michael A. Brolle June 26, 1991 Mother and Father 2. Mother filed Petition to Modify Custody on November 20, 2003. A Custody Conciliation Conference was held on January 13, 2004, with the following individuals in attendance: the Mother, Patricia A. Volcko, and her counsel, Samuel L. Andes, Esquire.; the Father, Bruce W. Brolle, and his counsel, Michael J. Wilson, Esquire. 3. The parties did not reach an agreement regarding Mother's Petition for primary physical custody of the minor child. However, they` did agree to participate in a custody evaluation with the possibility of returning to th/~~ 1y Conciliation process after the report, so long as the hearing is not delayed. Date Melissa .Peel Greevy, Custody Conciliator :223164