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HomeMy WebLinkAbout08-1890TAMARA T. BREWER, Plaintiff V. MARK RICHARD BREWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- f g'`6 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Tamara T. Brewer, an adult individual currently residing at 1239 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Mark R. Brewer, an adult individual whose last known address was 1239 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania; however, Plaintiff does not know where he is presently residing. Plaintiff does know where Defendant works. 3. Plaintiff seeks custody of the child, Rachel Brewer, who was born on May 23, 2000. 4. The child was not born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Name Date Address Parties Birth-2/21/08 1239 W Trindle Road, Mechanicsburg, PA Mother 2/21/08-present 1239 W Trindle Road, Mechanicsburg, PA 6. The relationship of the Plaintiff to the child is that of Mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Rachel Brewer Daughter 7. The relationship of the Defendant to the child is that of Father. He is married and living separately. It is not known with whom Defendant is living. 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by give primary legal and physical custody to the Mother because she can provide a stable and nurturing environment. Further, the child is autistic and has special care needs which Mother can provide. 11. The child requires administration of certain medications daily for ADD and thyroid regulation, and Father neglects to give the medication to the child. Therefore, Mother requests that the Father not have overnights with the child. 12. Moreover, due to the child's autism, she is extremely sensitive to environmental and other changes in her daily routine or structure, and Mother believes the child should continue to reside and sleep at Mother's house. 13. Finally, Mother alleges that Father has physically abused her for years in front of the child and is concerned for her and the child's safety. Therefore, she requests that Father's visits with the child be regular and often, but supervised and/or limited in time. 14. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. By MARTSON LAW OFFICES Jennifer Sears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 25, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. L. Bre er F:\FILESTlients\12981 Brewer\ 12981. Lcu todycom C:aa i_ w} •71 • _ C`I r oC? ? p G Y •-c; L ` {{ ? F Q) ` s? Aom ?' ILITLILAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 TAMARA T. BREWER, Plaintiff V. MARK R. BREWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-1890 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 31St day of March 2008, comes the Petitioner, Mark R. Brewer, by and through his attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKis, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. A Complaint for Custody was filed on March 25, 2008, by Respondent/Mother seeking physical custody of the parties' minor child: Rachel Lynne Brewer, born May 23, 2000. 2. Mother states in her Custody Complaint that she can provide a "stable and nurturing environment for the child"; however, she failed to state in the Complaint that she herself is a quadriplegic and currently has been bed-ridden since the birth of their daughter in 2000. 2 3. In fact, Mother relies on the help of others to assist in her daily care since she at this time is unable and unwilling to leave her bed, let alone her bedroom. a. Mother has a home healthcare attendant, Irene O'Donnell, who helps to take care of her during the daytime hours of 7:00 a.m. until 5:00 p.m. b. Respondent's mother, Janet Tyson, helps to take care of her between the evening hours of 5:00 p.m. until 7:00 a.m., until her home healthcare attendant arrives in the morning. 4. According to the contract with Cumberland County Attendant Care, the home healthcare attendant is only allowed to care for the Respondent for liability reasons. a. It is believed and therefore averred that when the minor child is in Mother's care the home healthcare attendant is not allowed to care for the minor child in any way; and since Mother does not leave the bedroom at this time she does not have the ability to care for her minor child without assistance from others. 5. Mother also states in her Custody Complaint that the minor child is "autistic and has special care needs" in which Mother can provide. a. The minor child has never been diagnosed as "autistic", but has actually been diagnosed by her doctor with PDD-NOS (Pervasive Developmental Disorder - Not Specific) which does mean that the minor child has autistic-like traits, but her main diagnosis of PDD-NOS is that she has developmental delays. 3 6. Mother in the last few years had severe stomach and gastro intestinal issues which she believes has rendered her unable to work and bed-ridden. 7. It is believed and therefore averred that Mother smokes marijuana and drinks alcohol in order to relieve her pain. 8. It is believed and therefore averred that Mother has an addiction to marijuana in that she smokes approximately one (1) to two (2) "bowls" of marijuana approximately six (6) times a day 9. It is believed and therefore averred that Mother has an addiction to alcohol in that she drinks two (2) liters of vodka per week. 10. Mother mixes her marijuana smoking and her vodka drinking with her 150 mg prescription of Effexor that she takes daily, even though she was informed by her doctor not to mix this prescription drug with alcohol due to its side effects. 11. During an incident on February 28, 2008, in which the Pennsylvania State Police were called to the marital home, Mother's marijuana and paraphernalia were seized by State Trooper Burns who was interviewing the parties; however the District Attorney had decided not to press charges at this time. 12. During the incident on February 28, 2008, Mother's family called 9-1-1 alleging that Father had abused Mother and that he was out of control when in fact he was sitting on a chair in the kitchen listening to the phone call placed to the state police. a. Mother's attorney has advised Father in a letter dated March 25, 2008, that if 4 he makes any threats or comes to the home, Mother is to file for a Protection from Abuse Order; however since receiving this letter Mother has repeatedly been calling Father and asking that he come over and "work things out" because he does not "understand" what is going on right now. b. Father believes that Mother is trying to trap him into coming to the marital home in an attempt to file for a frivolous protection order to gain control in the custody matter. 13. It is believed and therefore averred that since Father has been the minor child's primary caregiver since birth due to Mother's condition, it would be in the minor child's best interest to award primary custody to Father with periods of visitation for Mother. a. Father has been unable to have physical custody of the child since he left the marital home on February 28, 2008 and believes that he should be the primary caregiver of the minor child, not an extended member of Mother's family. b. Mother is unable and unwilling at this time to leave the marital home's master bedroom; therefore she is unable to successfully care for a seven (7) year old child in the capacity in which the minor child would require. 5 WHEREFORE, Petitioner/Father prays that This Honorable Court grant his Petition for Special Relief and compel the Respondent/Mother to immediately submit to a drug and alcohol test and that Petitioner/Father be granted primary physical custody of the minor child. DATE 313 log Respectfully submitted, ABOM & KUTULAKi4 L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner 6 I, MARK R. BREWER, verify that the statements made in this Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -?),7/ Date CMA R. BREWER 8 CERTIFICATE OF SERVICE AND NOW, this 31St day of March, 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Respondent by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Jennifer Spears, Esquire Martson Law Offices 10 East High Street Carlisle, Pennsylvania 17013 Attorney for Despondent/Mother Respectfully submitted, Abom & Kutulakis, L.L.P. Michelle L. Sommer, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 7 -70 1 21 a Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TAMARA T. BREWER, Plaintiff V. MARK RICHARD BREWER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1890 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF 1. Plaintiff is Tamara T. Brewer, an adult individual currently residing at 1239 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, the parties' marital home. 2. Defendant is Mark R. Brewer, an adult individual whose last known address was 1239 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania; however, Plaintiff does not know where he is presently residing. Plaintiff does know where Defendant works, and Defendant is represented by Michelle L. Sommer, Esquire. 3. Plaintiff seeks custody of the child, Rachel Brewer, who was born on May 23, 2000. 4. The parties separated on or about February 21, 2008 when Defendant left the marital home. 5. Rachel has stayed and continued to reside with Mother since Defendant left on February 21, 2008. 6. Rachel currently attends school at Monroe Elementary and is in the 1 st grade. 7. Rachel is autistic and has special services set up at school. 8. Furthermore, Rachel has special needs including daily medications, routine structure and stability. 9. Moreover, due to the child's autism, she is extremely sensitive to environmental and other changes in her daily routine, and Mother believes the child should continue to reside and sleep at Mother's house. 10. On March 31, 2008, Father removed Rachel from school at approximately 1:00 p.m., without informing Mother. 11. It is believed and therefore averred that Father is hiding the child at his mother's house in Freeburg, PA. 12. Defendant's mother is bipolar and suffers from meltdowns frequently. She also cannot get up to take care of the child due to knee and spinal surgeries and her weight. 13. Defendant's mother also lives with her autistic son, who poses a physical threat to the child when he also suffers from frequent meltdowns. 14. Further, it is believed and therefore averred that Father will keep the child out of school, or even try to change schools on her, in order to prevent Mother from seeing the child or having custody. Special services are in place for the child at Monroe Elementary. 15. Mother alleges that Father has physically abused her for years in front of the child and is concerned for the child's safety. 16. Father's allegations of Mother's extensive drug and alcohol abuse are untrue, and in fact, Mother's parents caught Father drugging Mother at night by crushing unnecessary pills in her drinks. 17. Father repeatedly has threatened to Mother that he would "take the child and she would never see her again." 18. Father has threatened Mother that if any of her family come near the child, he would call 9-1-1 and have them arrested. 19. The best interest and permanent welfare of the child will be served by giving primary legal and physical custody to the Mother because she can provide a stable and nurturing environment. Further, the child is autistic and has special care needs which Mother can provide. 20. Contrary to Father's allegations, Mother is always with the child at home, and has a caregiver 24 hours of the day. Father works and only has spent evenings with the child, and a few hours on the weekends. 21. The status quo is that child lives with Mother in the marital residence and attends school at Monroe Elementary in the Cumberland Valley School District. 22. Opposing counsel is being faxed this Petition simultaneously with it being filed. She has filed a Petition for Special Relief in this matter as well; therefore, it is believed that she would not concur with the relief requested by Plaintiff, but would in fact concur with Plaintiff's request for a prompt hearing on the matter. 23. Dawn Sunday, Esquire has been appointed as Conciliator in this case and has an open time for a prompt Conciliation on Thursday, April 3, 2008 at 1:30 p.m. 24. No judge has ruled on any issue in this matter. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a prompt hearing, pending the which Plaintiff requests the Court to grant Plaintiff primary physical custody with periods of visitation for Defendant. Alternatively, Plaintiff requests a Conciliation Conference take place this week on Thursday, April 3 at 1:30 p.m. before Dawn Sunday, Esquire. MARTSON LAW OFFICES By vAkl? Jennif Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 1, 2008 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Tamara T. Brewer FTILES\Clients\12981 Brewer\12981.Lcustodycom CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiff's Petition for Special Relief was served this date by facsimile and by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dawn S. Sunday, Esquire SUNDAY & SUNDAY 39 West Main Street Mechanicsburg, PA 17055 (717-795-7280) Michelle L. Sommer, Esquire ABOM & KUTULAKIS 36 South Hanover Street Carlisle, PA 17013 (717-249-3344) MARTSON LAW OFFICES Y 'Tfilia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 1, 2008 n C c n d? lot F:\F1LES\C1ients\12981 Brewer\ 1298 1. 1. aos Created: 9/20/04 0:06PM Revised: 3125/08 4:17PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TAMARA T. BREWER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1890 CIVIL ACTION - LAW MARK RICHARD BREWER, Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, Gerald Henneman, the undersigned, hereby state that I served a copy of Plaintiff's Complaint for Custody and Order of Court in the above captioned action on Defendant by handing 4a 1, the papers to Mark Richard Brewer at the following address: f yJ ,66, P1,1 G(4at-,SO Carlisle, Pennsylvania, on the day of March, 2008, at approximately 5X,5- ?. m. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. t G?Tffiennnnem/an 111 Fairway Drive Carlisle, PA 17013 Date: Sworn to and subscribed COMMONWEALTH Of PENNSYLVANIA before me this 28Th day of March, 2008. MAU seal Mary M. Price. Notary Pubic Carlisle 8oro, Cumberland County Notary Public My Commission E)pires Aug. 18, 2011 Member, Pennsylvania Association of Notaries COM T?+ qR P nVANIA (iw t C' ttr?p Ctytr'tgr wt E>?;sreS i1?.1d, 2011 Penmylvanii A cola of Nis N W VO ??": c-n `FABLES\Clients\12981 Brewer\12981.1.specrelief.wpd Created: 9/20/04 0:06PM Revised: 4/ 1 /08 10:35AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TAMARA T. BREWER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1890 CIVIL ACTION - LAW MARK RICHARD BREWER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this w day of ? ? , 2008, upon consideration of the attached Plaintiff's Petition for Special Relief, it is hereby directed that the parties and their respective counsel attend a Conciliation Conference on April 3, 2008, at 1:30 p.m. before Dawn S. Sunday, Esquire. 0 -#Mding the ce. BY THE COURT, , J. cc: ?Jennifer L. Spears, Esquire For Plaintiff Michelle L. Sommer, Esquire For Defendant c/fjawn S. Sunday, Esquire Conciliator (20F t f-S .:Z: L y/t`e8 ,a - a _o `.T r? 'mot TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1890 CIVIL ACTION LAW MARK RICHARD BREWER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ on Wednesday, April 23, 2008 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/ Dawn S. Sunday, Esq. V Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 17 tYr 4d, ? I I - z i l+?'I MR 112006(y'? TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1890 CIVIL ACTION LAW MARK RICHARD BREWER Defendant IN CUSTODY ORDER OF COURT AND NOW, this //- day of 6L," i , 2008, upon consideration of the attached Custody Conciliation Rep io t is ordered and directed as follows: 1. The parties shall engage in a course of co-parenting counseling with Deborah Salem or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. Each parent shall contact the counselor's office within ten (10) days of the date of the custody conciliation conference to schedule their respective initial sessions. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling. 2. Pending the additional custody conciliation conference scheduled in this Order and further agreement of the parties or Order of Court, the parties shall have shared legal and physical custody of Rachel Brewer, born May 23, 2000. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Saturday at 6:00 p.m. During the Mother's custodial weeks, the Father shall have custody of the Child on Wednesday from 5:00 p.m. until 8:30 p.m., on Thursday from 5:00 p.m. until 7:30 p.m., and on Saturday for a period of three (3) hours to coincide with the Child's T-ball practice or game if applicable. The Father shall ensure that the Child attends her regularly scheduled activities during his evening periods of custody. During the Father's custodial weeks, the Mother shall have custody of the Child every school day from after school until 6:00 p.m. The Mother shall have custody of the Child from immediately following the custody conciliation conference on April 3 through April 4 at 6:00 p.m., the Father shall have custody from April 4 at 6:00 p.m. until Saturday, April 5, 2008 at 6:00 p.m., when the Mother's first weekly period of custody under the alternating weekly schedule shall begin. 3. The parties shall cooperate with each other in considering the possibility of counseling for the Child with a neutral third party to monitor the Child's adjustment to the shared custody schedule and provide guidance to the parents as necessary. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 4, 2008 at 8:30 a.m. The purpose of the follow-up FILE D-OFF-IC'n OF THE PRKTHONOTARY 2008 APR 14 AM 11= 15 Ll? vt?" t I PENNSYLVANIA conference shall be to review the Child's adjustment and well-being in connection with the alternating weekly schedule set forth in this Order and to establish holiday custodial arrangements. 5. Neither party shall do or say anything which may 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: 'Jennifer L. Spears, Esquire - Counsel for Mother Michelle L. Sommer, Esquire - Counsel for Father Hess J. eap ? m?.i l£c?, ,illl4,ll? g iur? i .. TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 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 Rachel Brewer May 23, 2000 2. A custody conciliation conference was held on April 3, 2008, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Jennifer L. Spears, Esquire, and the maternal Grandfather was also present to assist the Mother with physical needs during the conference only. The Father, Mark R. Brewer, was present with his counsel, Michelle L. Sommer, Esquire. 3. The Father filed a Petition for Special Relief, the Mother filed a Petition for Special Relief and a Complaint for Custody, and the Court issued an Order dated April 1, 2008, scheduling this matter for conciliation. 4. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JUN 1 32008 4 TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 171 day of 90- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 14, 2008 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley E. Schneider, E.D. D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. In the event that the custody evaluation will not be completed prior to the end of the summer school vacation, the parties shall request that the evaluator provide a recommendation, if appropriate, as to which parent's school district the Child should be enrolled in for the 2008-2009 school year. The parties shall participate in the custody evaluation process in a timely manner so that all sessions can be completed as soon as possible. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 3. The parties shall make arrangements to participate in therapeutic family counseling promptly upon completion of the custody evaluation, or sooner if the parties agree. The counselor shall be selected by agreement between the parties, through counsel. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall obtain recommendations from the counselor regarding separate individual counseling for the Child to address issues which have arisen as a result of conflict in the family. 4. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall continue to share physical custody of the Child on an alternating weekly basis as provided in the prior Order dated April 14, 2008, with the exception that the weekly exchange of custody shall take place on Fridays at 5:00 p.m. and the Father's time with the Child during the Mother's weekly periods of custody shall take place one (1) time during the week and shall run from Tuesday at 4:00 p.m. through Wednesday morning when the Father shall transport the Child to the Mother's residence before the Father's work and the Child's day camp. VINAIAS'NN3d AIN(10,") ' Wtl S£ :Zl old L I Nn Z AbVIO OHi,,,)k d 31L -40 K)U'C-0311) 5. The parties shall alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. New Year's: The New Year's holiday shall run from New Year's Eve at 6:00 p.m. through New Year's Day at 7:00 p.m. In even-numbered years, the Father shall have custody of the Child for the New Year's holiday and in odd-numbered years the Mother shall have custody of the Child for the New Year's holiday. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Day. C. Remaining alternating holidays: The holiday periods of custody shall run from 9:00 a.m. until 7:00 p.m. on Easter, Memorial Day, July Fourth, Labor Day and Thanksgiving. In even- numbered years, the Mother shall have custody of the Child on Easter, July Fourth and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. In odd-numbered years, the Father shall have custody of the Child on Easter, July Fourth and Thanksgiving, and the Mother shall have custody on Memorial Day and Labor Day. D. Mother's Day/Father's Du: In every year, the Mother shall have custody of the Child on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m., with the exception that the Father shall have custody of the Child in 2008 on Father's Day from 11:00 a.m. until 8:00 p.m., to enable the Child to attend church with the Mother's family. E. Birthdavs: The parties shall make arrangements for custody on the Child's birthday and on each of the parent's birthdays as arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. 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. cc: 'Anthony L. DeLuca, Esquire - Counsel for ?Michelle L. Sommer, Esquire - Counsel for rather t ES r»?zt LL BY THE COURT, A TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 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 Rachel Brewer May 23, 2000 Mother/Father 2. A custody conciliation conference was held on June 11, 2008, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Anthony L. DeLuca, Esquire, and the Father, Mark R. Brewer, with his counsel, Michelle L. Sommer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator OM & I? uLAKIs Micbelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 TAMARA T. BREWER, Plaintiff/Respondent V. MARK R. BREWER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-1890 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: AND NOW, comes Petitioner, Mark R. Brewer, by and through his counsel, Michelle L. Sommer, Esquire, of Abom & Kutulakis and files the within Petition for Special Relief and in support thereof avers as follows: 1. Petitioner, Mark R. Brewer, is the natural Father of Rachael Brewer. 2. Respondent, Tamara T. Brewer, is the nature Mother of Rachael Brewer. 3. Petitioner and Respondent have shared legal custody of the minor child, Rachael Brewer. (A true and correct copy of the Order of Court dated April 14, 2008, is attached hereto as Exhibit A.) 4. Petitioner and Respondent have shared physical custody of the minor child, Rachael Brewer, on a week on/week off rotating basis with the exchange of custody taking place Friday evening at 5:00 p.m. (A true and correct copy of the Order of Court dated June 17, 2008, is attached hereto as Exhibit B.) 5. The minor child, Rachael Brewer, takes the following prescription medications on a daily basis: a. Levothyroxine which is prescribed for low Thyroid; dosage unknown. b. Stratera which is prescribed for ADHD; dosage unknown. 6. Respondent also requires that the child take a Flintstone's chewable vitamin every day. 7. With the Flintstone's chewable vitamin Respondent requires that the child drink a bottle of Pediasure. 8. When the child is in the Father's custody she routinely gets sick and throws up after drinking the Pediasure. And when she throws up, she throws up the pills that she has just taken. 9. Petitioner has stopped giving the child Pediasure and has substituted Ovaltine and the child no longer throws up. 10. Respondent refuses to allow Petitioner to be involved in any medical decisions involving the child despite the requirements of the Order of Court directing that the parties have shared legal custody. 11. Respondent is in possession of all prescription medication and will count out the required number of pills and place them in a weekly pill dispenser for Petitioner to give the child when she is in his custody. 12. Petitioner has requested that Respondent send the entire pill bottle of each prescription with the child on his custodial weeks so that he is able to dispense her medication according to the prescribed dosage and assure that none of the medications are misplaced. 13. Respondent has refused to allow Petitioner to have any more than the required number of pills for the child on his custodial weeks. 14. On or about August 13, 2008 when in her Father's custody it was necessary for Rachael to stay an extra day and therefore she needed an additional pill that Father did not have because Respondent did not send any more than the required number. 15. Due to Respondent's medical circumstances, or any other extenuating circumstances which may arise which would necessitate the child spending additional time with her Father, additional medication would be necessary. It is impossible to predict when those emergencies would arise; therefore in order for all parties to be prepared, the entire prescription should be transferred with custody of the child. 16. Petitioner believes and therefore avers that it is important that he be given the pill bottle with the exact dosage of medication so as not to accidentally over or under medicate the child when she is in his custody. 17. Petitioner believes and therefore avers that Respondent has directed the child's physician not to release any medical information to the Petitioner. 18. Due to insurance regulations Father would not be able to obtain a duplicate prescription without paying for it out of pocket. 19. Petitioner believes and therefore avers that having to litigate this issue is ridiculous and totally unnecessary due to the Respondent's inability to co-parent and put the child's needs first. 20. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this petition and Respondent should be held responsible for said costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order directing Respondent to immediately comply with This Honorable Court's Order, in that the Respondent shall relinquish the minor child's prescription medicine with all remaining prescription tablets when the child is picked up for the custody exchange on Friday evenings at 5:00 p.m. and direct that she pay Petitioner's counsel fees and costs associated with the filing of said Petition. Respectfully submitted, ABOM & KUTULAKis, L.L.P. MI an'rV `? - N ichelle L. So er, Esquire Attorney I.D No.: 930344 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner I, MARK R. BREWER, verify that the statements made in this Petition for Special Relief to Request Prescription Medicine at Custody Exchanges are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date lG RK R. BREWER n-PR -11 A 111?t TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1890 CIVIL ACTION LAW MARK RICHARD BREWER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ;alt 2008, upon consideration of the attached Custody Conciliation Report, it 4s ordered and directed as follows: 1. The parties shall engage in a course of co-parenting counseling with Deborah Salem or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. Each parent shall contact the counselor's office within ten (10) days of the date of the custody conciliation conference to schedule their respective initial sessions. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling. 2. Pending the additional custody conciliation conference scheduled in this Order and further agreement of the parties or Order of Court, the parties shall have shared legal and physical custody of Rachel Brewer, born May 23, 2000. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Saturday at 6:00 p.m. During the Mother's custodial weeks, the Father shall have custody of the Child on Wednesday from 5:00 p.m. until 8:30 p.m., on Thursday from 5:00 p.m. until 7:30 p.m., and on Saturday for a period of three (3) hours to coincide with the Child's T-ball practice or game if applicable. The Father shall ensure that the Child attends her regularly scheduled activities during his evening periods of custody. During the Father's custodial weeks. the Mother shall have custody of the Child every school day from after school until 6:00 p.m. The Mother shall have custody of the Child from immediately following the custody conciliation conference on April 3 through April 4 at 6:00 p.m., the Father shall have custody from April 4 at 6:00 p.m. until Saturday, April 5, 2008 at 6:00 p.m., when the Mother's first weekly period of custody under the alternating weekly schedule shall begin. 3. The parties shall cooperate with each other in considering the possibility of counseling for the Child with a neutral third party to monitor the Child's adjustment to the shared custody schedule and provide guidance to the parents as necessary. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, once 4, 2008 at 8:30 a.m. The purpose of the follow-up EXHIBIT conference shall be to review the Child's adjustment and well-being in connection with the alternating weekly schedule set forth in this Order and to establish holiday custodial arrangements. 5. Neither party shall do or say anything which may 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ALA evin A. Hess J. cc: Jennifer L. Spears, Esquire - Counsel for Mother Michelle L. Sommer, Esquire - Counsel for Father 'Low Z w:1.t,T,i Y va TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008-1890 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT N 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 Rachel Brewer May 23, 2000 2. A custody conciliation conference was held on April 3, 2008, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Jennifer L. Spears, Esquire, and the maternal Grandfather was also present to assist the Mother with physical needs during the conference only. The Father, Mark R. Brewer, was present with his counsel, Michelle L. Sommer, Esquire. 3. The Father filed a Petition for Special Relief, the Mother filed a Petition for Special Relief and a Complaint for Custody, and the Court issued an Order dated April 1, 2008, scheduling this matter for conciliation. 4. The parties agreed to entry of an Order in the form as attached. ?S? Date Dawn S. Sunday, Esquire Custody Conciliator TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1890 CIVIL ACTION LAW MARK RICHARD BREWER Defendant IN CUSTODY ORDER OF COURT AND NOW, this y day of J _ 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 14, 2008 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley E. Schneider, E.D. D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. In the event that the custody evaluation will not be completed prior to the end of the summer school vacation, the parties shall request that the evaluator provide a recommendation, if appropriate, as to which parent's school district the Child should be enrolled in for the 2008-2009 school year. The parties shall participate in the custody evaluation process in a timely manner so that all sessions can be completed as soon as possible. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 3. The parties shall make arrangements to participate in therapeutic family counseling promptly upon completion of the custody evaluation, or sooner if the parties agree. The counselor shall be selected by agreement between the parties, through counsel. The purpose of the counseling shail be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall obtain recommendations from the counselor regarding separate individual counseling for the Child to address issues which have arisen as a result of conflict in the family. 4. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall continue to share physical custody of the Child on an alternating weekly basis as provided in the prior Order dated April 14, 2008, with the exception that the weekly exchange of custody shall take place on Fridays at 5:00 p.m. and the Father's time with the Child during the Mother's weekly periods of custody shall take place one (1) time during the week and shall run from Tuesday at 4:00 p.m. through Wednesday morning when the Father shall transport the Child to the Mother's residence before the Father's work and the Child's day camp. EXHIBIT S 5. The parties shall alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. New Year's: The New Year's holiday shall run from New Year's Eve at 6:00 p.m. through New Year's Day at 7:00 p.m. In even-numbered years, the Father shall have custody of the Child for the New Year's holiday and in odd-numbered years the Mother shall have custody of the Child for the New Year's holiday. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Day. C. Remaining alternating` holidgys: The holiday periods of custody shall run from 9:00 a.m. until 7:00 p.m. on Easter, Memorial Day, July Fourth, Labor Day and Thanksgiving. In even- numbered years, the Mother shall have custody of the Child on Easter, July Fourth and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. In odd-numbered years, the Father shall have custody of the Child on Easter, July Fourth and Thanksgiving, and the Mother shall have custody on Memorial Day and Labor Day. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m., with the exception that the Father shall have custody of the Child in 2008 on Father's Day from 11:00 a.m. until 8:00 p.m., to enable the Child to attend church with the Mother's family. E. Birthdays: The parties shall make arrangements for custody on the Child's birthday and on each of the parent's birthdays as arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. 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, S evin A. Hess J. cc: Anthony L. DeLuca, Esquire - Counsel for Mother Michelle L. Sommer, Esquire - Counsel for Father ry p T n +N i I's trwlzary TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 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 Rachel Brewer May 23, 2000 Mother/Father 2. A custody conciliation conference was held on June 11, 2008, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Anthony L. DeLuca, Esquire, and the Father, Mark R. Brewer, with his counsel, Michelle L. Sommer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire 617- Custody Conciliator AND NOW, this day of September, 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief to Request Prescription Medicine at Custody Exchanges, upon the Respondent by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following. Anthony DeLuca, Esquire 113 Front Street Post Office Box 358 Boiling Springs, PA 17007 Attorney for Respondent Respectfully submitted, Abom & Kutulakis, L.L.P. "q'- &."w Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 N 1 V "ba \ d v? 4 S? f TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK R. BREWER DEFENDANT 2008-1890 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, October 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 11, 2008 at 2:30 PM 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/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements 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 A oUWT),' 9 9 ;C Wd C 1130 woo 547- 61 -*O-C/- ay 5a El • al AUVIONCHIOW 30MW4 NOV 17 2008 6 TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1890 CIVIL ACTION LAW MARK RICHARD BREWER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court in this matter shall continue in effect. 2. Pending receipt of the evaluator's written custody recommendations in this matter and further agreement of the parties or Order of Court, the Mother shall be primarily responsible to manage the Child's prescriptions, including obtaining refills on a timely basis. To ensure that the Father has sufficient medication for the Child during his alternating weeks of custody and a surplus of medication in the event the regularly scheduled exchange is not possible due to exigent circumstances such as inclement weather, the Mother shall ensure that the Father has an extra one week supply of all of the Child's medications on an ongoing basis. 3. All major decisions concerning the Child's medical care, including change of physicians or therapists shall be made only by agreement between the parties. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, d 4A ? Kevin .Hess J. cc: Anthony L. DeLuca, Esquire - Counsel for Mother Michelle L. Sommer, Esquire - Counsel for Father ?"? It 4 VINVAIASR,Wd AiNnco C 9 :1 Wd 61 AQN 8DOl r'!S?-t t)ci 3Hi r TAMARA T. BREWER Plaintiff VS. MARK RICHARD BREWER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 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 Rachel Brewer May 23, 2000 Mother/Father 2. A custody conciliation conference was held on November 10, 2008, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Anthony L. DeLuca, Esquire, and the Father, Mark R. Brewer, with his counsel, Michelle L. Sommer, Esquire. The Mother's mother was also present during the conference to assist the Mother with her medical needs. 3. The parties agreed to entry of an Order in the form as attached. No X1, 8' Date Dawn S. Sunday, Esquire Custody Conciliator TAMARA T. BREWER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MARK R. BREWER Defendant : 2008-1890 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT f C W M rr1 ? c ? n r- yl- <Q C ) c3 c.._ c r-- w N Q 0 --1 rri- r- ?rn AND NOW, this / 3' day of , 2011, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall make the necessary arrangements for the Child to be enrolled in the Penn State Hershey Feeding/Eating clinic to obtain an assessment of the Child's nutritional issues and treatment. The Father shall initially contact the clinic to schedule the first appointment. Thereafter, the Father shall promptly provide the Mother with contact information for the clinic through counsel. The parties shall request from the clinic specific written instructions outlining any suggested treatment for the Child. 3. Until such time as treatment recommendations are provided by the Penn State Hershey clinic, counsel for the parties shall conduct a telephone conference with the Child's pediatrician, Dr. Hoffman, to obtain specific written instructions for the use and administration of Pediasure. The parties shall sign any required authorizations. The parties shall strictly follow any instructions for the use of Pediasure as indicated by Dr. Hoffman and, thereafter by the Penn State Hershey clinic. 4. The parties shall ensure that the Child attends her currently scheduled appointment with Dr. DeLarme on August 23, 2011 at 10:00 a.m. The purpose of the appointment is to obtain an assessment of the Child with regard to possible anger or other emotional issues and a determination as to whether therapy or treatment is advisable. The Father shall provide all contact information for Dr. DeLarme to the Mother through counsel promptly following the conciliation conference. 5. The parties shall engage in a course of co-parenting counseling with Arnold Shienvold, PhD. or other professional selected by agreement between the parties with the assistance of counsel. The purpose of the counseling shall be to assist the parties in establishing sufficient communication skills and cooperation to enable them to effectively co-parent their Child. All costs of the co-parenting counseling shall be shared equally between the parties. The parties shall contact Dr. Shienvold's office within seven days of the custody conciliation conference to schedule his or her initial appointments within three weeks or at the first available time if Dr. Shienvold does not have openings within that timeframe. Thereafter, the parties shall schedule all appointments recommended by Dr. Shienvold in a timely manner. 6. The parties shall communicate only with respect to issues involving the Child by telephone. In the event a party does not answer his or her phone, the calling party shall leave a short message addressing only important issues related to the Child. The Mother shall be entitled to assume that the Father has received all messages left on his cell phone and no further verification from the Father shall be required. 7. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, cc: 'Michelle L. Sommer, Esquire - Counsel for Father ?Anthony L. DeLuca, Esquire - Counsel for Mother n 7'1.3/1 0K6 t4 ? Kevin .Hess J. TAMARA T. BREWER Plaintiff VS. MARK R. BREWER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1890 CIVIL ACTION LAW Defendant : IN CUSTODY Prior Judge: Kevin A. Hess 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 Rachel Brewer May 23, 2000 Mother/Father 2. A custody conciliation conference was held on July 6, 2011, with the following individuals in attendance: the Mother, Tamara T. Brewer, with her counsel, Anthony L. DeLuca, Esquire, and the Father, Mark R. Brewer, with his counsel, Michelle L. Sommer, Esquire and law clerk, Lauren Willis. 3. The parties agreed to entry of an Order in the form as attached. 1, 1 -1 :z I oIr Date Dawn S. Sunday, Esquire Custody Conciliator