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HomeMy WebLinkAbout08-1588MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - ' CIVIL TERM ERIC R. BREHM, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2008 - ).5'W CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW comes the Plaintiff, Meredith L. Brehm, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Eric R. Brehm, representing as follows: 1. The Plaintiff is Meredith L. Brehm, an adult individual residing at 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Eric R. Brehm, an adult individual currently residing at 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six (6) months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 12, 1997. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. By: Respectfully submitted, IRWIN & McKNIGHT Esquire Su erne Court I.D. No. 25 We Pomfret Professional 60 omfret Street Carlisle, Pennsy (717) 249-2353 Jv Date: March , 2008 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MICREDITH L. BREHM Date: March ( , 2008 MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. MMREDITH L. BREHM Date: March A , 2008 C') ^a d Zp c' W ti x+" r x , _A `. C:l ZJCY -ic VV V c n cl?l n MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - /,W CIVIL TERM ERIC R. BREHM, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Meredith L. Brehm, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Meredith L. Brehm, is an adult individual with an address of 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Eric R. Brehm, is an adult individual with an address of 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Grant E. Brehm, born January 26, 1999. 4. The Plaintiff, Meredith L. Brehm, desires that the parties have shared legal custody of the minor child, Grant E. Brehm. 5. The Plaintiff, Meredith L. Brehm, desires primary physical custody of the said minor child with periods of temporary physical custody to Defendant, Eric R. Brehm, as the parties can agree. 6. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiffs request as set forth above. WHEREFORE, the Plaintiff, Meredith L. Brehm, respectfully requests that she be awarded primary physical custody and shared legal custody of Grant E. Brehm as provided herein, with periods of temporary physical custody to Defendant, Eric R. Brehm, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Esquire lAtto s n13-3222 ey for Plest PomfrCarlisle, Date: March 4/0 '2008 T (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. REDITH L. BREHM Date: March _? , 2008 C') c rv o Q C. N n t'Pi ? L/J Co Q 1 MEREDITH L. BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1588 CIVIL ACTION LAW ERIC R. BREHM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 15, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6c :? Wd c I dWOOZ t 'r MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008-1588 CIVIL TERM ERIC R. BREHM, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, 111, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Eric R. Brehm, on March 19, 2008, by certified, restricted delivery mail, addressed to him at 19 Hillside Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7004 1350 0003 7289 3297. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of a. C. S. Section 4904, relating to unsworn falsification to authorities. MARCUf A. McKNIGHT, III, ESQUIRE Attorney for Plaintiff Date: March 20, 2008 I 1? A iCI?R?-DIED MAIL., F ;pomostn Mail Only; No Insuran 11- MAM 57 81 + N $ . Posmge 3 0 0 UN1% > o r) p CerBaed Fee ?A M F= 0 N -' rnv P e R F edept e C3 Retum (Endorsement Required) d+ ? 71 CO ere -4 1 O r3 Restricted Delius N I M Co u7 (Endorsement lred) m r=i q v> n 0 I Total Postage & Fees ?p ; r3 o < C3 )!!R ERIC R BRE@i a O N - - - o o- , LSBE DRIVE -• o O m a ¦ kerns 1, 2, - • Item 4 H Rsstllcted Delivery Is deWrad. ¦ Print your named rof'ii?lVera'::< so that we can retum'the card to you. B. tlrhrW DOAMY ¦ Attach this card to the back of the mailpiece, _ or on the front If space permits. rt- Y D. Is dalhrery address different horn rmm 1? ? Yes 1. Adele Addressed to, H YES. eater delvery sddrees below; Elm- MR ERIC R BRERK 19 HILLSIDE DRIVE CARLISLE PA 17013 3. Service lyres WC NW Md ? Grp ees Mall 0 Paodered ?I patum PA00 rt for Msrdrandise 17 marred Mali [? C.O.D. 4. AellAasaflOflkewtrl f?el1 mile 2. A-m- lkaibi' m aewfieryawl"wy 7004 1350 0003 7289 3297 PS Form 3811. Febmwy 2w4 Domeeft llelurrr fto.lp lcanaaa.o is o i;. QM fAPR 162008 MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this to" day of 4, / , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as agreed by the parties. 4. Father shall not relocate the child out of the marital residence without the prior consent of Mother. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Custody Conciliation Conference within 90 days from the date of this Order. wl-? cc:arcus A. McKnight, III, Esquire ?Eric R. Brehm, pro se 19 Hillside Drive Carlisle, PA 17013 (24> P DES rn'a ILL q/18 08 BY THE COURT, Vow "llno 4 Z : If wv 81 ?ldv HE `' . ' 0-TH MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Grant E. Brehm January 26, 1999 Mother 2. A Conciliation Conference was held in this matter on April 15, 2008, with the following in attendance: Mother's counsel, Marcus A. McKnight, III, Esquire. Neither Father nor Mother appeared. 3. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator R 7 MEREDITH L. BREHM, Plaintiff/Petitioner V. ERIC R. BREHM, DefendantlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 26th day of June 2008, comes the Plaintiff/Petitioner, Meredith L. Brehm, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Defendant/Respondent, Eric R. Brehm, as follows: 1. The Petitioner is Meredith L. Brehm who is the Plaintiff in a divorce action filed at No. 2008-1588 in Cumberland County, Pennsylvania. Her address is 18 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Eric R. Brehm, is an adult individual with an address of 18 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. MEREDITH L. BREHM, Plaintiff/Petitioner V. ERIC R. BREHM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Eric R. Brehm 18 Hillside Drive Carlisle, PA 17013 IRWIN & McKNIGHT zj/x'-?ja By: Marcus . McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 26, 2008 3 WHEREFORE, the Petitioner, Meredith L. Brehm, requests the relief set forth above. Respectfully submitted, By: Date: June 26, 2008 IRWIN & McKNIGHT Marcus A. Mc t, 60 West Pom et Street Carlisle, PA 7013 717-249-235 Supreme Court I.D. No: 25476 Attorney for the Petitioner, Meredith L. Brehm 2 a n - 4 ? ?y ('tip.} ? rr7 MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MEREDITH L. BREHM, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Meredith L. Brehm, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (%) day. 7. Additional informatio. Date: July 17, 2008 AND NOW , Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. C ca ? !? . i w r l JUL 2 3 2008 O'? MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MEREDITH L. BREHM, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Meredith L. Brehm, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. 5. 6. 7. Date: The action does not involve complex issues of law or fact. The hearing is expected to take one-half (%z) day. Additional informatioi July 17, 2008 AND NOW 03 goo ?. i uuK44, & squire, is appointed Divorce Master with respect to the following la s: ?/LdCZt%Ctt.?O? ,Gt,?/'y1i`e j By Court: V C CZ) a cli C%j -- c? ?.. ft AUG 2 5 2008 MEREDITH L. BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1588 CIVIL ACTION - LAW ERIC R. BREHM, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 22°d day of August, 2008, ninety days having elapsed since the entry of an Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custody nciliator a-a ~ W ? r?. _.?; t'ti^ S': ,.,,? . ""¢;? _? , ,.? ?.? :? -? ? -yC MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1588 CIVIL ERIC R. BREHM, CIVIL ACTION LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Eric R. Brehm, (hereinafter referred to as "Father"), who is an adult individual residing at 310 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Meredith L. Brehm, (hereinafter referred to as "Mother"), an adult individual who is an adult individual residing at 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Grant E. Brehm, born January, 26 1999, (hereinafter referred to as "Child"). 4. The parties are governed by an April 18, 2008 Order of Court, attached hereto as "Exhibit A", relative to the custody of Child. 5. Mother filed a divorce complaint on March 10, 2008 docketed to the above term and number because she became involved in an adulterous relationship and wanted to end the marriage. 6. Father resisted the request for a divorce and until recently, lived with Mother in the marital residence. 7. While the parties were still residing together, Mother filed a complaint for custody docketed to the above term and number and essentially deceived Father by obtaining a custody Order wherein Mother was granted primary physical custody. 8. During the time the parties resided together in the marital residence, Father had been very involved in the daily care of the child. 9. Father continues to be very involved in the child's life and desires to continue to remain actively involved in raising the child. 10. The parties are now separated and reside nearby to one another. WHEREFORE, Father respectfully requests this Honorable Court grant him primary physical custody of Child. Date: /' /I-0`t Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A cherer, squire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/brehm-eric/modify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: (- 13 - o q Eric Brehm CERTIFICATE OF SERVICE I hereby certify that on the ADA day of 20091 I, Andrea M. Ramos, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 CA0V \-? M PA? Andrea . Ra os +APk 16 WK MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1588 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this W day of ?& 01 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same. or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody as agreed by the parties. 4. Father shall not relocate the child out of the marital residence without the prior consent of Mother. 5. 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 "Exhibit A" consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Custody Conciliation Conference within 90 days from the date of this Order. BY THE COURT, cc:?farcus A. McKnight, III, Esquire, Co 1 for Mother ?Eric R. Brehm, pro se 19 Hillside Drive Carlisle, PA 17013 e DES en-a ILL 0y/1 sloe J. P-J era '? N `';' , MEREDITH L. BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY PENNSYLVANIA V. ERIC R. BREHM DEFENDANT 2008-1588 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 17, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 --10- ?2l ?-A?v ee, I, C 1 0 [Ald ZZ Pe r 603Z 171 MEREDITH L. BREHM, Plaintiff/Petitioner V. ERIC R. BREHM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM PACSES CASE NO. 67211-571 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Meredith L. Brehm, by and through her attorneys, IRWIN & McKNIGHT, P.C., and petitions this Honorable Court as follows: 1. The Plaintiff/Petitioner is Meredith L. Brehm who currently resides at 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant/Respondent is Eric R. Brehm who currently resides at 310 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner and Respondent were married on July 12,1997, in Cumberland County, Pennsylvania and were separated on or about March 10, 2008. 4. The Plaintiff/Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Plaintiff/Petitioner, Meredith L. Brehm, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & Mc GH , P.C. By: Marcus . McKni b , III, Esquire 60 Wes omfret S et Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Plaintiff/Petitioner Date: January 23, 2009 2 €}l .c tJ7 .i.3 MEREDITH L. BREHM, Plaintiff/Petitioner VS. ERIC R. BREHM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-1588 CIVIL TERM IN DIVORCE PACSES Case No: 853110633 ORDER OF COURT AND NOW, this 28th day of January 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,294.33 and the Respondent's monthly net income/earning capacity is $ 4,978.04, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand One Hundred Fifty-one and 00/100 Dollars ($ 1,151.00) per month payable semi-monthly as follows: $ 1,151.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 575.50 semi-monthly. The effective date of the order is February 1, 2009. Arrears set at $ 0.00 as of January 28, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Meredith L. Brehm. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 79 % by the Respondent and 21% by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This order is pursuant to an agreement between the parties. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: JangM 29, 2009 to: Petitioner Respondent Marcus A. McKnight, III, Esq. Michael A. Scherer, Esq. BY THE COURT, - ;5,- 0% XW,1-' Kevi . Hess, J. DRO: R.J. Shadday ? ?.? :? : :, . '? I =- E ; 3 l? ?? ? ?? ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT 08-1588 CIVIL State Commonwealth of Pennsylvania 672110571 (2) O Original Order/Notice CO./City/Dist. Of CUMBERLAND 1140 S 2008 OAmended Order/Notice Date of Order/Notice 02/02/09 0Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:BREHM, ERIC R. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 175-58-6586 Employee/Obligor's Social Security Number DAILY EXPRESS INC 3095102076 PO BOX 39 Employee/Obligor's Case Identifier CARLISLE PA 17013-0039 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 749.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 1, 151 . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0 . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1, goo. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 438.46 per weekly pay period. $ 950.00 per semimonthly pay period (twice a month) $ 876.92 per biweekly pay period (every two weeks) $ 1, 900.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: X4 DRO: R.J. SHadday Kevin A. Hess, Service Type M OMB No.: 0970-0154 Judge Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckefi you are required to provide a?opy of this form to yowuloyee. If yorr employee works in a state that is di ev ent rrom the state that issued this or er, a copy must be provi eci to your emp ogee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2315301230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: IJ EMPLOYEE'S/OBLIGOR'S NAME:BREHM, ERIC R. EMPLOYEE'S CASE IDENTIFIER: 3095102076 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BREHM, ERIC R. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT c???. ? ,. '? =? ?i w FEB ' 9 2009 A MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2 (- day of f , 2009, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: The prior Order of Court dated April 18, 2008 is hereby vacated. 2. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Week 1: beginning February 20, 2009, Father shall have, on an alternating week schedule, physical custody of the child from Friday at 5:30 p.m. to Saturday at a time agreed to by the parties and Sunday from 2:00 p.m. to Tuesday morning when Father shall be responsible ?? y ys Iti r'..'..^,?? ?f'J ????11??'?. ? ?. {??y ?" ;,..i ? ? ti ?,yi ... ,... `. . for getting the child to school or, in the summer, to Mother's home. The child shall go to Mother's home on Mondays after school until Father can pick him up after work. B. Week 2: beginning February 27, 2009 alternating weekends from Friday at 5:30 p.m. to Sunday at 7:00 p.m. C. Father shall have physical custody of the child on evenings as agreed by the parties. 5. Both parties shall be entitled to 2 non-consecutive weeks in the summer provided they give the other parent 30 days prior notice. 6. Thanksgiving and Easter shall be shared as agreed by the parties. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. 8. Transportation shall be as agreed by the parties. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin . Hess, J. cc.?IGlichael A. Scherer, Esquire, Counsel for Father ,,Warcus A. McKnight, III, Esquire, Counsel for Mother MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on March 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 5113J 01 MEREDITH . BREHM Plaintiff r I"f1 i?i 2699 HAY 15 PH I : C 6 MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 1588 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 13 1 tn/- -r MEREDIT L. BREHM Plaintiff ;w F! LED Tli: P, 2969 £A.'1 15 s d MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 1588 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on March 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. a9 Date: ERIC R. BREHM Defendant 2 0 0 9 I'llAl° 16 fIii I ? 0 E MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: ERIC R. BREHM Defendant 2CD V fZ_ FM 1: u t?? MEREDITH L. BREHM, Plaintiff VS. . ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1588 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on November 3, 2009, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. cc: Marcus A. McKnight, III Attorney for Plaintiff /ichael A. Scherer Attorney for Defendant BY THE COURT, Q, , 0, Edgar B. Bayley, P.J. OF (-c 2009 NOY -3 PM J: 11 !' Y MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1588 CIVIL ERIC R. BREHM, Defendant IN DIVORCE THE MASTER: Today is Tuesday, November 3, 2009. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Meredith L. Brehm, and her counsel Marcus A. McKnight, III, and the Defendant, Eric R. Brehm, and his counsel Michael A. Scherer. The action was commenced by the filing of a complaint in divorce on March 10, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, the Master has been provided affidavits of consents and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The Master's office will file the affidavits and waivers with the Prothonotary's office and the divorce can conclude under Section 3301(c) of the Domestic Relations Code. On June 26, 2008, the Plaintiff filed a petition for economic relief raising claims for equitable 1 distribution, alimony, counsel fees, costs and expenses. The Master has been advised that the parties have reached an agreement after negotiations previously at conferences and today before the hearing that was scheduled. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications expect for correction of typographical errors which may be made during the transcription. The Master has been advised that the parties are going to return later this morning to review the draft as transcribed for typographical errors, make corrections as necessary, and sign the agreement affirming the terms of settlement as placed on the record. Nevertheless, when the parties leave the hearing room today, they are bound by the terms of the agreement even though there is no subsequent signing affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on July 12, 1997, and separated March 10, 2008. They are the natural parents 2 of one child, Grant E. Brehm, born January 26, 1999. The parties share legal custody of the child with primary and physical custody to wife. Mr. Scherer. MR. SCHERER: 1. The parties are the owners of real estate located at 19 Hillside Drive, Carlisle, Pennsylvania, which was the marital residence. Wife shall have 60 days to refinance the existing first and second mortgage on the marital residence and husband shall deed his interest in the real estate to wife at the time of settlement. Wife's counsel shall prepare a deed which will transfer the property from the parties into wife's name alone. Wife shall sign the deed and after it is prepared, counsel for wife shall forward it to counsel for husband who shall secure husband's signature on the deed. The deed shall be held by husband's counsel until the time of settlement. A copy of the deed will be provided to wife to assist her in her refinancing. Husband shall cooperate with wife's counsel in obtaining mortgage payoffs and any other information necessary for the closing on the refinancing. In the event that wife is unable to refinance the existing mortgages on the marital residence, the marital residence shall be listed for sale and wife shall be entitled to keep the proceeds of the sale. It is the intention of the parties that husband shall be released from the obligation on the first and second mortgages on the marital residence. If wife is able to assume those obligations in her name alone, she may do so. If she is unable to assume those obligations in her name alone and cannot refinance the marital residence, it is the intent of the parties that the marital residence be sold without delay in order to release husband's name from the first and second mortgages. 2. Husband is employed at Daily Express Incorporated. Husband has a retirement with Daily Express which is invested with Vanguard with an approximate value of $73,000.00. Husband shall keep as his separate property his Daily Express retirement. Wife will sign any documents necessary to waive her interest in husband's pension. 3. Wife shall keep as her separate property the Chevrolet 3 Tahoe which is presently in her possession. 4. The parties shall keep as their separate property any items of marital personal property in their possession that they had heretofore owned in common. 5. Husband shall pay wife alimony in the amount of $200.00 per month for a period of three years beginning December 1, 2009. The alimony pendente lite payments will end upon the entry of the divorce decree. The alimony is non-modifiable, however, but it shall terminate upon the death of either party, wife's remarriage or wife's cohabitation. If wife files a petition to increase the existing child support order of $749.00 per month, the alimony shall immediately terminate forever. 6. Wife waives her claim for counsel fees. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: Meredith, do you understand the terms of the agreement that has been reached today? MS. BREHM: Yes. MR. McKNIGHT: Do you find that my representation of you in this matter has been satisfactory? MS. BREHM: Yes. MR. McKNIGHT: And are you willing to go 4 forward with implementing and settling the case on this basis? MS. BREHM: Yes. MR. SCHERER: Eric, you've been present this morning as we have discussed your case and as this agreement has been dictated to the court reporter? MR. BREHM: Yes. MR. SCHERER: Do you understand the agreement as its been dictated? MR. BREHM: Yes. MR. SCHERER: Are you satisfied with my representation of you in connection with the reaching of this agreement'? MR. BREHM: Yes. MR. SCHERER: And is it your intention to enter into the agreement that was dictated? MR. BREHM: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 5 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Marclis A , Mc , II Attorne for aintiff DATE: 14-?z eredith L. Brehm 41 1 11AK I ' 'DC1 Mi ha A. cherer Attorney for Defendant Eric R. Brehm 6 MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: '144? ME ITH L. BREHM Plaintiff ILED - FICE E TH" 4 JOTARY 2009 NOV -3 Pty 12-, 14 --NI I i?c, lttiS4 LVA I MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: J11;101 MERED H L. BREHM Plaintiff FILED--S =? ; iAAY `I1= ZgC9 -3 p 12? i NTY MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 10, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: t1 r -?>- 0? 4?-X ERIC R. BREHM Defendant rj'F' THE :r 2009 NOV --3 PH 12: 13 CUM MEREDITH L. BREHM, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -1588 CIVIL TERM ERIC R. BREHM, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them. before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: i /- 3" 09 ERIC ?. BREHM Defendant FILf_G1-1j OF THE F .OTAAY 1099 NOV --3 Phi 12: 13 Clti' r ''.;QTY MEREDITH L. BREHM, Plaintiff v. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1588 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Service on the Defendant via certified mail on March 19, 2008. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff May 13. 2009 ; by the defendant May 13. 2009 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: May 13. 2009 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: May 13. 2009 A, Michael A. Scherer, Esquire ?4__ Attorney for Defendant TI YTAPY 2099 PLOY -4 Fti 3: 04 CU'Alr, _ II NT MEREDITH L. BREHM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC R. BREHM NO. 2008-1588 CIVIL TERM DIVORCE DECREE AND NOW, Nov^-Ze, /G , zztf , it is ordered and decreed that MEREDITH L. BREHM plaintiff, and ERIC R. BREHM , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties Marital Settlement Agreement dated November 3, 2009 is incorporated but not merged herein as a final Order of Court. i By the Court, ` ? ?: Ij "'l ?l MEREDITH L. BREHM, Plaintiff/Petitioner VS. ERIC R. BREHM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-1588 CIVIL TERM IN DIVORCE PACSES CASE: 853110633 ORDER OF COURT AND NOW to wit, this 1 st day of December, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective November 16, 2009, pursuant to the parties' Divorce Decree of November 16, 2009. There is a credit of $583.38 on the Alimony Pendente Lite account. The Alimony Pendente Lite credit will be directed to the Alimony account, creating a credit balance of $383.38 as of this date. The Respondent will be refunded until the credit balance is liquidated. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: .4 AZ K A. Hess, J, DRO: R.J. Shadday xc: Petitioner Respondent Michael A. Scherer, Esq. Marcus A. McKnight, 111, Esq. Form OE-001 Service Type: M Worker: 21005 YARY 2OL19 DEC -2 Fill 2; 3 1 Ct "NIT 1 4y J;YLVAjj ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania 672110571 Co./City/Dist. of CUMBERLAND 1140 S 2008 Date of Order/Notice 12/01/09 Case Number (See Addendum for case summary) RE: BREHM. ERIC R Employer/Withholder's Federal EIN Number DAILY EXPRESS INC PO BOX 39 CARLISLE PA 17013-0039 Employee/Obligor's Name (Last, First, MI) 175-58-6586 Employee/Obligor's Social Security Number 3095102076 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 749.00 $ $ 0.00 0.00 $ 0.00 $ 200.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 949.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 219.00 per weekly pay period. $ 474.50 per semimonthly pay period (twice a month) $ 438.00 per biweekly pay period (every two weeks) $ 949.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ;1?i . /0. X4 DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 08-1588 CIVIL 0Original Order/Notice @Amended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Arrears 12 weeks or greater? O yes ® no A. Hess, Judge Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a opy of this form to your, m loyee. If yo r employee works ina state that is die rent from the state that issued this order, a copy must be provideedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement th withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2315301230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BREHM EMPLOYEE'S CASE IDENTIFIER: 3095102076 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M ERIC R Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: BREHM, ERIC R. PACKS Case Number 672110571 PACSES Case Number 853110633 Plaintiff Name Plaintiff Name MEREDITH L. BREHM MEREDITH L. BREHM Docket Attachment Amount Docket Attachment Amount 01140 S 2008 $ 749.00 08-1588 CIVIL$ 200.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB GRANT E. BREHM 01/26/99 PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 DOB ' Child(ren)'s Name(s): s Name(s): DOB Child(ren) PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT FILE r I , -- if:j: 2009 DEC -2 F' 1 2: MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF PlaintifVPetitioner . CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ti C- 2008-1588 CIVIL ARM ERIC R. BREHM Defendant/Respondent IN CUSTODY orr PETITION FOR MODIFICATION OF CUSTODY c-' zi c? ..< AND NOW comes the Plaintiff, Meredith L. Brehm, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Plaintiff, Meredith L. Brehm, is an adult individual with an address of 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Eric R. Brehm, is an adult individual with an address of 310 south Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Grant E. Brehm, born January 26, 1999. 4. The Plaintiff, Meredith L. Brehm, desires that the parties have shared legal custody of the minor child, Grant E. Brehm. , a3?yy-7 Aki 11111ekl jh? 3 5. The parties have a Custody Order dated February 25, 2009, signed by President Judge Kevin A. Hess. 6. The Respondent, Eric R. Brehm, does not have a bed for Grant to sleep in when he has overnight custody of the minor child. The Respondent has not exercised regular custody of said minor child, and the minor child does not want to spend as much time with the Respondent. . 7. The Plaintiff, Meredith L. Brehm, desires a modification of the physical custody of the said minor child, Grant E. Brehm, with periods of temporary physical custody to Defendant, Eric R. Brehm, as the parties can agree instead of the previous schedule. 8. The best interests and permanent welfare of the minor child, Grant E. Brehm, requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Meredith L. Brehm, respectfully requests that the Custody Order be modified to permit physical custody with the Respondent, Eric R. Brehm, as the parties can agree. By: 4# ref Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: March 16, 2010 Supreme Court I. D. No. 25476 Respectfully submitted, IRWIN 8yMcKNIGHT, P.C. M rcus A. Mc fight, III, Esquire A orney for Plai tiff 60 st Po Street 4 EXHIBIT "A" FEB 1 R 4 A MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF :.CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ).? day of , 2009, upon consideration of the attached Custody Conci iation Report, it i ordered and directed as follows: The prior Order of Court dated April 18, 2008 is hereby vacated. 2. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Week 1: beginning February 20, 2009, Father shall have, on an alternating week schedule, physical custody of the child from Friday at 5:30 p.m. to Saturday at a time agreed to by the parties and Sunday from 2:00 p.m. to Tuesday morning when Father shall be responsible J for getting the child to school or, in the summer, to Mother's home. The child shall go to Mother's home on Mondays after school until Father can pick him up after work. B. Week 2: beginning February 27, 2009 alternating weekends from Friday at 5:30 p.m. to Sunday at 7:00 p.m. C. Father shall have physical custody of the child on evenings as agreed by the parties. 5. Both parties shall be entitled to 2 non-consecutive weeks in the summer provided they give the other parent 30 days prior notice. 6. Thanksgiving and Easter shall be shared as agreed by the parties. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. 8. Transportation shall be as agreed by the parties. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE gOURT, is L... -Ah An- Kevin .Hess, J. cc: Michael A. Scherer, Esquire, Counsel for Father Marcus A. McKnight, III, Esquire, Counsel for Mother CEIV VD, :,FEB 2 7 ?%J IRWIN & McKNIGH-! ?AN OFFICES TRUE r, ,- In Testimo!n, I ?i `re unto s17A ffly hand an a sea; o s oar, t-at a 'sie, Pa. 9w C1 ?_da of..?.1?e_ C .. 'F<-"*** y MEREDITH L. BREAM, Plaintiff V. ERIC R. BREHM, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Grant E. Brehm January 26, 1999 Mother 2. A Conciliation Conference was held in this matter on February 17, 2009, with the following in attendance: Father, Eric R. Brehm, with his counsel, Michael A. Scherer, Esquire and Mother, Meredith L. Brehm, with her counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated April 18, 2008 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. le?:4 M DITH L. BREHM Date: March 16, 2010 MEREDITH L. BREHM PLAINTIFF V. ERIC R. BREHM DF.FE'NDANT AND NOW, Mond IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2008-1588 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT rch 22, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coun C urthouse, Carlisle on Thursday, April 08, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f this cannot be accomplished, to detin and narrow the issues to be heard by the court, and to enter into a temporary order. Fai lure to appear at the con'feren -e may provide grounds for entry of a temporary or permanent order. The court hereby directs the 1 Special Relief orders, and Custody o arties to furnish any and all existing Protection from Abuse orders, ders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueKne M. Verne Es q. Custody Conciliator The Court of Common leas 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 axing business before the court, please contact our office. All arrangements must be made at least 72 hours pr or to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAK HAVE AN ATTORNEY OR C/ FORTH BELOW TO FIND OU' THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT NOT AFFORD ONE, GO TO'OR TELEPHONE THE OFFICE SET WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 }-4RICE OF THE: P??C1T?-?ONOTAFY 2010 M " . .1.,., €r !'i t? j ( F1 3•a310 CuA. COW moUW 3 - a3 I b IJ off; ca. ? ? 1e? 3 . a3 1 b co?? ?1a ? ? ? kc Ln %. r? ,'1 nar 1i zoo q MEREDITH L. BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1588 CIVIL ACTION - LA W d ERIC R. BREHM, r a ` M 33 Defendant ?r : IN CUSTODY -,c c ORDER OF COURT- r rrr 77 AND NOW, this 1 Z day of mA14 , 2010, upon consideration of the attached Custody Conciliation Repdrt, it is ordered and directed as follows: 1. The prior Order of Court dated February 25, 2009 shall remain in full force and effect with the following modifications: 2. The parties shall cooperate with the expedious scheduling of therapeutic family counseling with child and Father. The counselor shall be as agreed to by the parties. The parties shall share equally all costs. 3. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 8, 2010 at 9:30 a.m. BY THE COURT, Kevin cc: arcus A. McKnight, III, Esquire, Counsel for Mother ' Michael A. Scherer, Esquire, Counsel for Father ,s 13116 =:Dey'1 P. J. +f MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1588 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Grant E. Brehm January 26, 1999 Mother 2. A Conciliation Conference was held in this matter on May 10, 2010, with the following in attendance: Mother, Meredith L. Brehm, with her counsel, Marcus A. McKnight, III, Esquire and Father, Eric R. Brehm with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Kevin A. Hess, P. J. previously entered an Order of Court dated February 25, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody alternating weekends, Friday to Sunday and on the off weekend, Friday to Saturday and Sunday to Tuesday. 4. The parties agreed to an Order in the form as attached. J-?U-lV l' ?. i Date Jac eline M. Verney, Esquire Custody Conciliator MEREDITH L. JAMES, Plaintiff/Petitioner Vs. . ERIC R. BREHM, . Defendant/Respondent IN THE COURT OF CO CUMBERLAND COUN" CIVIL ACTION - DIV NO. 08-1588 CIVIL TEF IN DIVORCE PACSES CASE: 8531101 ORDER OF COURT "ON PLEAS OF , PENNSYLVANIA AND NOW to wit, this 4th day of November, 2010, it is hereby Ordered that the Domestic Relations Section dismiss their interest in the above captione matter as the Alimony is terminated, effective October 15, 2010, pursuant to the Petitioner's r The Alimony account is closed with a credit of -$381.33 and to the child support account under PACSES #672110571. This Order shall become final twenty (20) days after the r entry of the Order to the parties unless either party files a written Prothonotary for a hearing de novo before the Court. on said date. credit will be directed in of the notices of the as d with the Office of the BY THE C _ y DR6. R.J. Sh icida.,' xc: Petitioner Respondent Marcus A. McKnight, III, Esq. Michael A. Scherer, Esq. Edward E. J. Form OE-001 Service Type: M Worker: 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPO State Commonwealth of PennsylvaniaL 853110633 CO./City/Dist. of CUMBERLAND 98-1588 CIVIL Date of Order/Notice 11/01/10 672110571 Case Number (See Addendum for case summary) 1140 S 2008 RE:BREHM, ERIC R. Employer/withholder's Federal EIN Number DAILY EXPRESS INC PO BOX 39 CARLISLE PA, 17013-0039 0Original Order/Notice @Amended Order/Notice O Terminate Order/Notice OOne-Time Lump Sum/Notice E ployee/Obligor's Name (Last, First, MI) 1 5-58-6586 E ployee/Obligor's Social Security Number 3095102076 E ployee/Obligor's Case Identifier (S a Addendum for plaintiff names as ociated with cases on attachment) See Addendum for dependent names and birth dates associated with Cu?es todial Parent's Name (Last, First, MI) ca, on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support b from CUMBERLAND County, Commonwealth of Pennsylvania. By law, amounts from the above-named employee's/obligor's income until further notice eve issued by your State. $ 749.00 per month in current child support $ 11. oo per month in past-due child support Arrears 12 weeks or $ o . oo per month in current medical support $ o. oo per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $? one-time lump sum payment for a total of $ 760.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order, the ordered support payment cycle, use the following to determine how much to w ed upon an order for support iu are required. to deduct these if the Order/Notice is not your pay cycle does not match hold: $ _ 1.75.38 per weekly pay period. $ 380.00 per semimonthly pay period twice a month) $ 350-77- per biweekly pay period (every two weeks) $ 760.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pi working days after the date of this Order/Notice. Send payment within seven (7) wor withholding. You are entitled to deduct a fee to defray the cost of withholding. Refe state of your employee for the allowable amount. The total withheld amount, and yo the employee's/ obligor's aggregate disposable weekly earnings. For the purpose oft the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic paym, ordered to withhold income from more than one employee and employs 15 or more a history of two or more returned checks due to nonsufficient funds. Please call th4 and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 f 42 -000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 1 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE above as the Employee/Obligor's Case Identifier) OR S SECU?Y NUMBER I DO NOT SEND CASH BY MAIL. , If / // BY TIDE COURT: -Y ?? slgy Oler,,, r., Judge- DRO:. R. J. Shadday OMB No.: 0970-0154 Type m period occurring ten (10) ing days of the paydate/date of to the laws governing the work r'fee, cannot exceed 55% of elimitation on withholding, nt method if an employer is persons, or if an employer has Pennsylvania State. Collections r instructions. PA FIPS CODE 106-911`2 ICSES MEMBER ID (shown ORDER TO BE PROCESSED. 3 ?e /v Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your empployee. If your mployee works in a state that is different from the state that issued this order, a copy must be provided to your employe even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under Mate law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies i effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or Sta e withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Or ers/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2315301230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: M EMPLOYEE'S/OBLIGOR'S NAME:BREHM, ERIC R. EMPLOYEE'S CASE IDENTIFIER: 3095102076 DATE OF SEPARAT (LAST KNOWN HOME AD LAST KNOWN PHONE NUMBER: FINAL PAYMENT NEW EMPLOYEE'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments severance pay. If you have any questions about lump sum payments, contact the person or autho i as bonuses, commissions, or below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed b Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the i employment. Disposable income is the net income left after making mandatory deductions such a Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the supporting another family and 60% of the disposable income if the obligor is not supporting anoth increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. I deduct a fee for administrative costs. The support amount and the fee may not exceed the limit ind Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears ar employer should calculate the CCPA limit using the lower percentage. For Tribal orders; you may allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you m; the limit set by the law of the jurisdiction in which the employer is located or the maximum amour CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into con care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: the Federal Consumer Credit mployee's/obligor's principal place of : State, Federal, local taxes, Social disposable income if the obligor is x family.However, that 50% limit is permitted by the State, you may Gated in this section. greater than 12 weeks, then the of withhold' more than the amounts y not withhold more than the lesser of t permitted under section 303(d) of the ideration the amounts paid for health *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, ?ou are to follow the law of the state that issued this orderwith respect to, these items. 1 1. Send Termination Notice and other correspondence to: If you or your employee/ebligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 24 -6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childs1!0port.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT • y Service Type M ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BREHM, ERIC R. Addendum OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amou $ 1 0.00 Plaintiff Name Docket A achment Amoy $ I 0.00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT :~r iH_ 212 AUK 27 PM 3~ I Ctl ~~ YLYAN ~iT MEREDITH L. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2008-1588 CIVIL ERIC R. BREHM, CIVIL ACTION LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Eric R. Brehm, (hereinafter referred to as "Father"), whc is an adult individual residing at 500 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Meredith L. Brehm, (hereinafter referred to as "Mother"), an adult individual who is an adult individual residing at 19 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Grant E. Brehm, born January, 26 1999, (hereinafter referred to as "Child"). 4. The parties are governed by an Order dated February 25, 2009 as amended by an Order dated May 12, 2010. Both Orders are attached hereto as "Exhibit A" and "Exhibit B" respectively. 5. For some time, Father has not had physical custody of his son as requi by the February 25, 2009 Order, and although Father has attempted to correct the p,V~~ ~~ ~ ~~ / ~~ a~ ~~ ~7q-x'73 T _ -- - problem through counseling, his efforts have failed. 6. Father desires an Order which will assist in correcting the estrangement~of his son. WHEREFORE, Father respectfully requests this Honorable Court grant him such physical custody of the Child which will allow Father and son to have a normal, loving relationship. Respectfully submitted, Date: BARK SCHERER, LLC Mic ael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.d i r/domestic/brehm-eric/modify. pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody a~e true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: g` ~ l ~~ Eric R. Brehm CERTIFICATE OF SERVICE I hereby certify that on Auguste 2012, I, Lori Duncan, of Baric Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight 60 West Pomfret Street Carlisle, PA 17013 ~---~ on Duncan 9n MEREDITH L. BREHM, Plaintiff V. ERIC R. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-1588 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this 2~ day of e. fi , 2009, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: The prior Order of Court dated April 18, 2008 is hereby vacated. 2. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. 55309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records acid information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Week 1: beginning February 20, 2009, Father shall have, on an alternating week schedule, physical custody of the child from Friday at x:30 p.m. to Saturday at a time agreed to by the parties and Sunday from 2:00 p.m. to Tuesday morning when Father shall be responsible for getting the child to school or, in the summer, to Mother's home. The child shall go to Mother's home on Mondays after school until Father can pick him up after work. B. Week 2: beginning February 27, 2009 alternating weekends from Friday at 5:30 p.m. to Sunday at 7:00 p.m. C. Father shall have physical custody of the child on evenings as agreed by the parties. ~. Both parties shall be entitled to 2non-consecutive weeks in the summer provided they jive the other parent 30 days prior notice. 6. Thanksgiving and Easter shall be shared as agreed by the parties. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shalt be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. Transportation shall be as agreed by the parties. 8. This Order is entered pursuant to. an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin .Hess, J. cc: Michael A. Scherer, Esquire, Counsel for Father Marcus A. McKnight, III, Esquire, Counsel for Mother trn~r.~- , , , ~ . .;n..r:oi; E n:r~~ UriO ~ -~t w.y F ,~ , and ~ sea' o'. id ourt a' Ca ~l;,ic, ;tea. Th' .....~.... da of.~°~ ........-.. 1 MAY ~ 12010 MEREDITH L. BREHM, Ptauntiff V. ERIC IL BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-1588 IN CUSTODY ORDER OF COURT CIVII.. ACTION -LAW AND NOW, this ~4.day of ~ _ _ _ , 2010, upon consideration of the attached Custody Conciliation deport, it is ordered and directed as follows: 1. The prior Order of Court dated February 25, 2009 shall remain in full force and effect with the following modifications: 2. The parties shall cooperate with the expedious scheduling of therapeutic family counseling with child and Father. The counselor shall be as agreed to by the parties. The parties shall share equally all costs. 3. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 8, 2010 at 9:30 a.m. BY THE COURT, evin A. Hess, P. J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY PROM REC RD M 7srtimony wharad, l heft urKo aet hand and tha d acid at Ceflisle, P~ tt~ta.,~ d C • ~~ ~o ~~~ ~l5 v~IM,f~ MEREDITH L. BREHM, Plaintiff V. ERIC R BREHM, Defendant PRIOR JUDGE: Kevin A. Hess, P. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-1588 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCII..IATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Grant E. Brehm DATE OF BIRTH CURRENTLY IN CUSTODY OF 3anuary 26, 1999 Mother 2. A Conciliation Conference was held in this matter on May 10, 2010, with the following in attendance: Mother, Meredith L. Brehm, with her counsel, Marcus A. McKnight, III, Esquire and Father, Eric R. Brehm with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Kevin A. Hess, P. J. previously entered an Order of Court dated February 25, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody alternating weekends, Friday to Sunday and on the off weekend, Friday to Saturday and Sunday to Tuesday. 4. The parties agreed to an Order in the form as attached. Date ~~Jac eline M. Verney, Esquire Custody Conciliator MEREDITH L. BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA -'~ti1 C_y V' -.,. ~ 2008-1588 CIVIL ACTION LAW y Z ~ ~~ r~r `- r cry ERIC R. BREHM ~ IN CUSTODY ~~ ~ ~~ DEFF NDANT ~'n ~ ~-~ ., ~d ~ ~"'7 _ ' b'~ N Goa ~'~ _,.~ ~ ORDER OF COURT ~ ~ AND NOW, Wednesday, September O5, 2012 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 02, 2012 at 1:30 PM far 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. Failure to appear at the conference may provide grounds far 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements 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 f Telephone (717) 249-3166 ~n~ !~ Ve~~~~ ~t~i MEREDITH L. BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1588 CIVIL ACTION -LA ERIC R. BREHM, n1_17) ► r ; Defendant : IN CUSTODY e cn I' 4... -<±T o CD ORDER OF COURT rU day of 2013, upon - AND NOW, this y consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the /7,&t,day of 4f(/�l r c lt.'s-sit , r rat 9 '31� a .m. in courtroom number of the Cumberland ounty Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheduled in Court Room No. 5 , of the Cumberland County Court House, on the 02/A, day of it.I. , 2i-3' at 9%3 d o'clock, 4. M., at which time testimony will be taken. �'or purpo°se of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. The prior Orders of Court dated February 25, 2009, May 12, 2010 and October 4, 2012 are hereby vacated. 4. The Mother, Meredith L. Brehm and the Father, Eric R. Brehm, shall have shared legal custody of Grant E. Brehm, born January 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records,the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 5. Mother shall have primary physical custody of the child. 6. The parties shall cooperate with therapeutic family counseling with Riegler, Shienvold & Associates. Any unreimbursed expenses shall be apportioned with Mother paying 100% for any time with the counselor alone and 50% for any other time. Father shall pay 100% for any time with the counselor alone and 50% for any other time. 7. Upon recommendation of the therapist Father and son shall have visits in a therapeutic setting, with the therapist giving deference to the custody evaluation. The therapist may communicate with the custody evaluator and the child's prior counselor. 8. Starting in 2013, Father and son shall have a block of time together at Thanksgiving and Christmas. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 10. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Custody Conciliator for another Custody Conciliation Conference within 90 days of the date of this Order. BY THE COURT, OA' --;i6j,t, iviff--(--/(4- J. c : cus A. McKnight, III, Esquire, Counsel for Mother —'Michael A. Scherer, Esquire, Counsel for Father egg. to �!3 MEREDITH L. BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1588 CIVIL ACTION- LAW ERIC R. BREHM, • Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Grant E. Brehm January 26, 1999 Mother 2. A Conciliation Conference was held in this matter on October 1, 2013, with the following in attendance: Mother, Meredith L. Brehm, with her counsel, Marcus A. McKnight, III, Esquire and Father, Eric R. Brehm with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Kevin A. Hess, P. J. previously entered Orders of Court dated February 25, 2009, May 12, 2010, and October 4, 2012, providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends, Friday to Sunday and on the off weekend, Friday to Saturday and Sunday to Tuesday. The Order of May 12, 2010 provided for counseling with the Father and child. The Order of October 4, 2012 provided for a custody evaluation. 4. Father is seeking a hearing on the limited issue of proration of costs for the custody evaluation. Father is seeking 50% reimbursement of the cost. 5. Mother asserts that she is not in a position at this time to contribute to the costs. 6. The parties otherwise have agreed on a Custody Order regarding all other issues. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing on the limited issue of proration of costs of the custody evaluation. It is expected that the Hearing will require one hour. Date acq = ine M. Verney, Esquire Custody Conciliator MEREDITH L.BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-1588 CIVIL ACTION-LAW ERIC R.BREHM, : IN CUSTODY Defendantrn ,, ;r= tJ) r Q -o ORDER OF COURT c-4T-c} p AND NOW,this 28th day of April, 2014, no conciliation conference being requested by any party for 90 days,the Conciliator hereby relinquishes jurisdiction in this matter. 7.3 cS� 7,11-1 FOR THE COURT, _ -r: / d Z 4� acq ine M. Verney, Esquire, Custod onciliator