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HomeMy WebLinkAbout04-1105JOSEPH KELLY NAGLE V. BRANDY LYNN TROUTMAN :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA :PERRY COUNTY BRANCH :NO. 2003 -37 ORDER AND NOW, February 26, 2004, since both parties and the subject child/children reside in Cumberland County, this custody case is hereby transferred from Perry County to Cumberland County. BY THE COURT: CC: Susan Candieilo, Esq. Defendant, pro se Kathy Morrow, Esq. Cumberland County Prothonotary File C.~SE~~P, P.J. JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT · ' IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, JOSEPH KELLY NAGLE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH KELLY NAGLE, who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Mother") is BRANDY LYNN TROUTMAN, who currently resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. 3. Plaintiff seeks Joint Legal and Physical Custody of the following child: Name Present Residence Date of Birth BREANNA S. TROUTMAN 10A Ann Street October 28, 2001 Duncannon, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Defendant, who resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS Defendant Defendant ADDRESS Enola, PA 10A Ann Street Duncannon, PA DATES Birth to 5 months 5 months to Present 7. The Mother of the child is the Defendant, Brandy Lynn Troutman, who currently resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. Mother and Father were never married. Mother resides with the parties' one (1) child and other individuals. Plaintiff does not have specific knowledge of the other individuals. 8. The Father of the child is the Plaintiff, Joseph Kelly Nagle, who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Father and Mother were never married. Father presently resides with his fianc6, Kimberly Marie Berkich. 9. The relationship of the Defendant, Brandy Lynn Troutman, to the child is that of the Natural Mother. Mother currently resides with several other individuals. Plaintiff is not aware of the parties' specific names. 10. The relationship of the Plaintiff, Joseph Kelly Nagle, to the child is that of the Natural Father. Father currently resides with his fianc6, Kimberly Marie Berkich. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Father has a deep love and concern for his daughter; B. Father has a stable home and lifestyle with his fianc6, and the ability to provide a safe, loving environment for his daughter; C. Father is fearful for his daughter's safety at Mother's residence due to the use of alcohol and illegal chemical substances in his daughter's presence; D. Father is fearful for his daughter's safety at Mother's residence due to the other individuals present, whom are consuming alcohol and illegal chemical substances; E. Father is fearful for his daughter's safety at Mother's residence as a result of being physically exposed to alcohol, cigarette butts and ashes and illegal substances; F. Father is fearful for his daughter's safety at Mother's residence as a result of no one monitoring his daughter when they are consuming alcohol and illegal substances; G. Father has had visitation with his daughter, but believes a regular visitation schedule and more time in his home are in his daughter's best interests. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as party to this action. WHEREFORE, Plaintiff, JOSEPH KELLY NAGLE, requests this Honorable Court award Plaintiff, JOSEPH KELLY NAGLE, and Defendant, BRANDY LYNN TROUTMAN, Joint Legal and Physical Custody of the child, BREANNA S. TROUTMAN. Dated: January_..~, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: JOS/EPH KELLY NAGLE JOSEPH KELLY NAGLE, PLAINTIFF BRANDY LYNN TROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : NO. Zoo % - 37 : CIVIL ACTION - LAW : IN CUSTODY ORDER ~ 3 ANDNOW, this '-] dayof ,~bf0tt¥.~ , 200~', upon consideration of the attached Complaint, it is hereby directed that the parties and the'ffrespective counsel appear before , the ~on~ili~to~, at ;q~,~,~ ~ / be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. ~1 children ag?five ~lder shall also be present at the conference. Failure to appear at thc conference may provide' for e~y of a temporary or pe~anent order. J FOR THE COURT, ~ ~ BY: FORTH BELOW TO FIND OUT WHE~ YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Perry 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 the Court Administrator at (717)582-2131, Extension 2233. 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. LAW FIRM OF SUSAN KAY CANDIELLO, P.C. NURSE/ATTORNEY 5021 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www. skcfamilylaw, cora www. skcelderlaw, cora ? oo'% ' January 2, 2003 Brenda Albright Prothonotary Perry County Courthouse Center Square New Bloomfield PA 17068 RE: Joseph Kelly Nagle vs. Brandy Lynn Troutman In Custody Dear Ms. Albright: Enclosed for filing please find an original and three (3) copies of the Complaint for Custody. Our check in the amount of $45.50 for the filing fee is also enclosed. Please conform and certify the copies and return them to me in the self-addressed, stamped envelope I have provided. Thank you for your cooperation. Please call me if you have any questions or if you need any further information. Sincerely, ~%_~ SKC:krh Enclosures JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003-37 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS: Be it known, that on the__.-..l¥,O,~,.r. · day of ~5-~~ ,2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Joseph Kelly Nagle, Plaintiff in the above-captioned matter. 3. On January 14, 2003, a true and correct copy of the Complaint for Custody was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Ma.'.fl, restricted delivery, return receipt requested, Article No. 7001 2510 · 0003 4439 9338, and a~resset~to the~,.Defendant,~- Brandy Lynn Troutman, at 10A Ann Street, Duncannon PA 17020.~- ~ ~: ~ 4. The ret~n receipt ca~angned by the Defendant, Brandy Troutman, showing a date of service of Jand~y 23,' 2003:,rs attached hereto as Exhibit "A '. 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~4~ day of My Commission Expires: (X~ q ~/505 Notarial Seal Kimbedy R. Hartford, Notary Public Mecha~icsburg Boro, Cumberland County My Commissi~)? Expires Apr. 4, 2005 · Cemplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · P~int your name and address on the reverss so that w~ can return the card to you. · Attach this ce~'d to the back of the mailpiece, men the front if space permits. 1. Article Address~i to: RESTRICTED DELIVERY PS Form 3811, August 2001 3. ,~ew{ce Type ~Cer~fied Mail ~ Express Mail ~ Registered ~] Return Receipt for M~chand~e J~ Insured Mail ~ C,O,D. 70al 2510 0003 4439 9338 Exhibit "A" JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : : NO. 2003-37 : : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH KELLY NAGLE, who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant (hereinafter sometimes referred to as "Mother") is BRANDY LYNN TROUTMAN, who currently resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. BREANNA S. TROUTMAN (hereinafter sometimes referred to as "Breanna"), born on October 28, 2001, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, JOSEPH KELLY NAGLE, and Defendant, BRANDY LYNN TROUTMAN, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the followiag Order 1. Plaintiff and Defendant shall share ~,Legal Custody (as defined in 23 Pa.C.S.A. 9L: tt~ L~ ~lV[q ~0. Section 5302) of their minor child, BREANNA S. TROUTMAN. 2. In the event Plaintiff should be!~l~'t~a~e~e~[~e~smns, for any reason, for the minor child, BREANNA S. TROUTMAN, Plaintiff and Defendant agree the Plaintiff's fianc6, KIMBERLY MARIE BERKICH, shall have the ability to make legal decisions for Breanna as are necessary. Kimberly Berkich shall be bound by all the terms of this custody agreement, as if she were in the stead of Plaintiff, or Father. Kimberly Berkich agrees to cooperate with Defendant in making all legal decisions for Breanna. In the event of an emergency, Kimberly Berkich n/ay make legal decisions for Breanna, but agrees to contact the Defendant regarding her decision for Breanna as soon as is reasonably possible. 3. All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 4. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 5. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. 6. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which it is not in the best interests of the child to be exposed. 7. It shall be the obligation of each parent to make their child available to the other m accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 8. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 9. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 10. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 11. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 12. Mother and Father shall Share Physical Custody of their minor child, BREANNA S. TROUTMAN, according to the following schedule: A. Mother and Father shall alternate weeks of visitation with their daughter. The exchange of their daughter shall occur each Sunday at 8:30 p.m. when the parent who shall begin their period of custody shall get the child from the parent who has just completed their week of visitation; B. Mother and Father shall each have the ability to request one to two (1-2) evening visits with Breanna during the week they do not have custody of Breanna. This evening visit shall be scheduled with the parent with custody of Breanna a minimum of twenty-four (24) hours before the requested evening of visitation. This period of visitation shall begin when the parent leaves work through 8:00 p.m. that same evening. If the parent without custody does not work on the day they are requesting visitation, they may request the child for the entire day through 8:00 p.m. that same evening. The parent without custody getting Breanna for visitation shall be responsible for the transportation of Breanna; C. The parties shall alternate the following holidays. Holidays shall begin at 5:00 p.m. the evening of the day before the holiday and extend through 8:00 p.m. the evening of the holiday. Father shall have the even numbered holidays and Mother the odd numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (This day may be extended later in the evening to attend fireworks.); 5)Labor Day; 6) Thanksgiving Day. D. Christmas: Mother and Father shall alternate Christmas with Mother getting Schedule A in the odd numbered years and Father getting Schedule B in the odd numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m. B. To begin Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. E. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, from 9:00 a.m. through 8:00 p.m.; F. Mother and Father shall have the option of requesting one (1) to two (2) non-consecutive weeks of vacation during the year with their child providing a minimum of thirty (30) days~ notice of the time requested is given to the other party; G. Mother agrees in the event Father should be deployed into military service, Father's fiance, KIMBERLY MARIE BERKICH, may enjoy the same visitation rights with Breanna as Father has under this Agreement, until Father returns, when Father shall again enjoy his custodial time with Breanna following the same schedule as before he was deployed; H. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; I. All holidays, vacations, and specially designated times for visitation with their child shall supersede the regularly scheduled visitation. 13. Father and Mother agree they will not interfere with telephone calls or any other form of communication between the party without custody of the child and the child. 14. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with Breanna for more than a four (4) hour period. 15. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get Breanna, unless transportation is otherwise specifically stated for that period of visitation. 16. Communication between the parties at the time of the transfer of Breanna shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 17. Mother and Father agree to be responsible for any ordinary everyday expenses and all child care expenses which occur during their individual custody periods with their child. 18. Father agrees to provide health insurance for Breanna. The parties agree if Father will pay for Breanna's health insurance, Mother will pay for all uncovered medical, dental, orthodontia, vision and psychological expenses for Breanna, which do not exceed One Hundred Dollars and No Cents ($100.00). All medical, dental, orthodontia, vision and psychological expenses for Breanna which exceed One Hundred Dollars and No Cents ($100.00) shall be equally (50/50) divided between the parties. 19. The parties agree to alternate annually the income tax deduction for Breanna. In the even years, Mother shall have the income tax deduction for Breanna. Father shall have the income tax deduction for Breanna in the odd years. If either parent should have to sign any income tax documents to give this income tax deduction for Breanna to the other party, they agree to cooperate in doing so in a timely manner. 20. The parent with physical custody of the child agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved. 21. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 22. Neither Mother nor Father while in the presence of the child shall consume any alcoholic beverages, controlled substances, or prescription drugs which would interfere with their ability to provide the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with the child. Mother and Father shall monitor al...~l other individuals in the child's presence to insure they do not consume any alcoholic beverages, controlled substances, or prescription drugs which could cause them to be a danger to the child. 23. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. WITNESS WITNESS LLY NAO,EE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS: On this, the I~4xx day of ~ , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JOSEPH KELLY NAGLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~ My Commission Expires: O~ q ~ Notarial Seal Kimberiy R. Hanford, Notary Public Mecflanicsburg Bore Cumberland County My Commission Expires Anr 4, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the /0'"'" day of I"~P.~"X , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared BRANDY LYNN TROUTMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public~ My Commission Expires: G~ q j~00~- Notarial Seal Kimberly Fl, Hanford, Notary Public Mechan~rg Boro, Cumber/and County My Commission Expires Apr, 4, 2005 JOSEPH KELLY NAGLE, PLAINTIFF VSo BRANDY LYNN TROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : : NO. 2003-37 : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~, ~) day of ~'{Q ,2003, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, JOSEPH KELLY NAGLE and Defendant, BRANDY LYNN TROUTMAN, shall SHARE LEGAL AND PHYSICAL CUSTODY of the minor child, BREANNA S. TROUTMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, JOSEPH KEI,!,Y NAGLE, PLAINTIFF/PETITIONER VS. BRANDY LYNN TROUTMAN, DEFENDANT/RESPONDENT IN ~ COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003-37 CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fin'ther notice for any money claimed in the complaim or for any other claim or relief requested by the plaimiff. You may lose money or prope~3~ or other rights important to yOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. l~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 ~ VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: / 7 -/('~ -(~ .~ JOVP~LL(NAG~~ EXHIBIT "A" JOSEPH KELLY NAGLE, PLAINTIFF BRANDY LYNN TROUTMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003-37 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this '2.0 day of ~ ~ p,._.C.~ ,2003, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, JOSEPH KELLY NAGLE and Defendant, BRANDY LYNN TROUTMAN, shall SHARE LEGAL AND PHYSICAL CUSTODY of the minor child, BREANNA S. TROUTMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, ~TIFtED' &:[RU.E COP'/ DEPUTY PROTHONOTARY JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : NO. 2003-37 : CIVIL ACTION. LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH KELLY NAGLE, who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, ~17055. The Defendant (hereinafter sometimes referred to as "Mother") is BRANDY LYNN TROUTMAN, who currently resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. BREANNA S. TROUTMAN (hereinafter sometimes referred to as "Breanna"), born on October 28, 200I, is the subject of this Stipulation for Agreed Order of Custody and is the natm'al child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, JOSEPH KELLY NAGLE, and De(end~nt~ J3P,~ .~/Dy LYNN TROUTMAN, have entered into a mutual agreement regarding tlc, e, ~U~od?/.of ~tl~eir child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff aris Defendant shall share Legal Custody'(hg'd~fi'fi*d(Ji~'"2~T~d.U.S.A. Section 5302) of their minor child, BREANNA S. TROUTMAN. 2. In the event Plaintiff should be unable to make legal decisions, for any reason, for the minor child, BREANNA S. TROUTMAN, Plaintiff and Defendant agree the Plaintiff's fiance, KIMBERLY MARIE BERKICH, shall have the ability to make legal decisions for Breanna as are necessary. Kimberly Berkich shall be bound by all the terms of this custody agreement, as if she were in the stead of Plaintiff, or Father. Kimberly Berkich agrees to cooperate with Defendant in making all legal decisions for Breanna. In the event of an emergency, Kimberly Berkich may make legal decisions for Breanna, but agrees to contact the Defendant regarding her decision for Breanna as soon as is reasonably possible. 3. All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 4. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 5. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, It shall be the express duty of each parent to uphold the other parent as one whom their child should respe5t and love, 6. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which it is not in the best interests of the child to be exposed. 7. It shall be the obligation of each parent to make their child available to tire other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 8. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 9. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shaI1 be permitted to make the dec/sion necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 10. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 11. Neither Mother nor Father shall schedule activities or appointments fol- their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physicai custody of the other parent without that parent's express prior approval. 12. Mother and Father shall Share Physical Custody of their minor child, BREANNA S. TROUTMAN, according to the following schedule: A. Mother and Father shall alternate weeks of visitation with their daughter. The exchange of their daughter shall occur each Sunday at 8:30 p.m. when the parent who shall begin their period of custody shall get the child from the parent who has just completed their week of visitation; B. Mother and Father shall each have the ability to request one to two (1-2) evening visits with Breanna during the week they do not have custody of Breanna. This evening visit shall be scheduled with the parent with custody of Breanna a minimum of twenty-four (24) hours before the requested evening of visitation, This period of visitation shall begin when the parent leaves work through 8:00 p.m. that same evening. If the parent without custody does not work on the day they are requesting visitation, they may request the child for the entire day through 8:00 p.m, that same evening. The parent without custody getting Breanna for visitation shall be responsible for the transportation of Breanna; C. The parties shall alternate the following holidays. Holidays shall begin at 5:00 p.m. the evening of the day before the holiday and extend through 8:00 p.m. the evening of the holiday. Father shall have the even numbered holidays and Mother the odd numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (This day may be extended later in the evening to attend fireworks,); 5)Labor Day; 6) Thanksgiving Day. D. Christmas: Mother and Father shall alternate Christmas with Mother getting Schedule A in the odd numbered years and Father ggtting Schedule B in the odd numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 5:00 p,m. through Christmas Day at 2:00 p.m. B. To begin Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. E. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, from 9:00 a'.m. through 8:00 p.m.; F. Mother and Father shall have the option of requesting one (1) to two (2) non-consecutive weeks of vacation during the year with their child providing a minimum of thirty (30) days' notice of the time requested is given to the other party; G. Mother agrees in the event Father should be deployed into military service, Father's fiance!, KIMBERLY MARIE BERKICH, may enjoy the same visitation rights with Breanna as Father has under this Agreement, until Father returns, when Father shall again enjoy his custodial time with Breanna following the same schedule as before he was deployed; H. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; I. Ail holidays, vacations, and specially designated times for visitation with their child shall supersede the regularly scheduled visitation. 13. Father and Mother agree they will not interfere with telephone calls or any other form of communication between the party without custody of the child and the child. 14. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with Brean~a for more than a four (4) hour period, 15. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get Breanna, unless transportation is otherwise specifically stated for that period of visitation. 16. Communication between the parties at the time of the transfer of Breanna shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 17. Mother and Father agree t~ be responsible for any ordinary everyday expenses and all child care expenses which occur during their individual custody periods with their child. 18. Father agrees to provide health insurance for Breanna. The parties agree if Father will pay for Breanna's health insurance, Mother will pay for ali uncovered medical, dental, orthodontia, vision and psychological expenses for Breanna, which do not exceed One Hundred Dollars and No Cents ($100.00). All medical, dental, orthodontia, vision and psychological expenses for Breanna which exceed One Hundred Dollars and No Cents ($100.00) shall be equally (50/50) divided between the parties. 19. The parties agree to alternate annually the income tax deduction for Breanna, In the even years, Mother shall have the income tax deduction for Breanna, Father shall have the income tax deduction for Breanna in the odd years. If either parent should have to sign any income tax documents to give this income tax deduction for Breanna to the other party, they agree to cooperate in doing so in a timely manner. 20. The parent with physical custody of the child agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved. 21. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency, - 22. Neither Mother nor Father while in the presence of the child shall consume any alcoholic beverages, controlled substances, or prescription drugs which would interfere with their ability to provide the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with the child, Mother and Father shall monitor al_..!l other individuals in the child's presence to insure they do not consume an.y alcoholic beverages, controlled substances, or prescription drugs which could cause them to be a danger to the child. 23. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or'agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. WITNESS WITNESS TROUTMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ~4xx day of ~%C,-~x~_.\% , 2003, before me, a Notary Public for the Commonwealth of Peunsylvania, the undersigned officer, personally appeared JOSEPH KELLY NAGLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, 1 have set my hand and notarial seal. Notary Public t~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA CO(INTY OF CUMBERLAND SS: Ca this, the /0ok'% day of '~%O.x~,x , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared BRANDY LYNN TROUTMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal, Notary Public(.~ My Commission Expires: (-~,-~ No~aria) Seal Kimberly R, aaNord, ~ otary Public ~eChanicsl:,urg Bore Cumberland My Cornmis'sion Expires Apr, 4, 2000 JOSEPH KELLY NAGLE, PLAINTIFF/PETITIONER vs. BRANDY LYNN TROUTMAN, DEFENDANT/RESPONDENT IN ~ COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003--37 CIVIL ACTION - LAW IN CUSTODY ORDER ANn NOW, this [~0TM day of ~J//40/A/~ , 2003, upon consideration of the attached Complaint, it is hereby directed that the panics and their respective counsel appear before Conference. At such conference, an el'fort will be made to rcsolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older shall also be present at the conference. Failure to appear at the conference my provide for entry of a temporary or permanent order. FOR THE COURT, BY: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. HAVE A LA ~V~fE_ R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T .O.O.O.O~ND OUT WHERE YOU CAN GET LEGAL HELP. c: c~ Central Pe~msylvania Legal Services c: ~::. 213A North Front Street ~' '-- Hamsburg PA 17101 '.~ ~ (800) 932-0356 ~- ~c~kMERICANS WITH DISABILITIES ACT OF 1990 Thc C~ of Common Pleas of Perry County is required by law to comply with thc Americans ~ Disabilitics"~Act of 1990.'~For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator at (717)582-2131, Extension 2233, 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. JOSEPH KELLY NAGLE, PLAINTIFF/PETITIONER VS. BRANDY LYNN TROUTMAN, DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : : NO. 2003-37 : : CIVIL ACTION - LAW : IN CUSTODY MOTION TO RESCHEDULE AND NOW, comes the Plaintiff, JOSEPH KELLY NAGLE by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Motion to Reschedule, and in support thereof asserts as follows: 1. Counsel for the Plaintiff, Susan Kay Candiello, Esquire has spoken with the Defendant, Brandy Lynn Troutman, who was unable to obtain the copy of the Petition to Modify Custody with the scheduled Custody Conference, on January 6, 2004, which was mailed to her. 2. Defendant, Brandy Lynn Troutman is requesting the Custody Conference be rescheduled to er~ible he.~2to ol~f~n counsel. 3. Pla. intiff ~d~es no~z6bject to this request for rescheduling. WHEREI~RE, ~efen~lhnt, BRANDY LYNN TROUTMAN, respectfully requests that this Custody Conference be rescheduled and the Plaintiff, JOSEPH KELLY NAGLE joins in this request for the Custody Conference to be rescheduled to the next available date. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January ~ ,2004 Susan Ka~quire ~ui'n;e.l~ 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 cc: Brandy Lynn Troutman Joseph Kelly Nagle JOSEPH KELLY NAGLE, PLAINTIFF/PETITIONER VS. BRANDY LYNN TROLVrMAN, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003-37 CIVIL ACTION - LAW IN CUSTODY MOTION TO RESCHEDULE AND NOW, comes the Plaintiff, JOSEPH KELLY NAGLE by and through his Counsel, Susan Kay Candiello, Esquire, of tile Law Firm of Susan Kay Candiello, P.C., and files this Motion to Rcsehcdulc, and in support thereof asserts uS [bllows: l. Counsel for tho Plaintiff, Susan Kay Candiello, Esquire has spoken with the Defendant, Brandy Lynn Troutman, who was unable to obtain the copy of the Petition to Modify Custody with the scheduled Custody Conference, on January 6. 2004, which was mailed to her. 2.. Defendant, Brandy Lynn Troutman is requesting the Custody Conference bc rescheduled to enable her to obtain counsel. 3. Plaintiff does not object to this request for reschcduling. WHEREFORE, Defendant, BRANDY LYNN TROUTMAN, respectfully requests that this Custody Conference be rcschedulcd and the Plaintiff, JOSEPH KELLY NAGLE joins in this request for thc Custody Conference to be rcscheduled to the next available date. Respectfully submitted, LAW FIRM Olz' SUSAN KAY CANDIEL. LO, I~.C. Dated: January ~.~-' , 2004 5021 East Trindlc Road, Suite 100 Mcchanicsburg PA 17050 (717) 796-1930 cc: Brandy Lynn Troutman Joseph Kelly Nagl¢ LAW FIRM OF SUSAN KAY CANDIELLO, P.C. NURSE/ATTORNEY 5021 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www. skct~amilylaw, com www. skcelderlaw.com January5,2004 Brenda Albright Prothonotmy Perry County Courthouse Center Square New Bloomfield PA 17068 Joseph Kelly Nagle vs. Brandy Lynn Troutman No. 2003-37 In Custody Motion to Reschedule Dear Ms. Albright: Enclosed for filing please find an original and three (3) copies of the Motion to Reschedule. Please conform and certify the copies and return them to me in the self-addressed, stamped envelope I have provided. Thank you for your cooperation. Please call me if you have any questions or if you need any further information. Enclosures JOSEPH KELLY NAGLE V. BRANDY LYNN TROUTMAN :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA- :PERRY COUNTY BRANCH :NO. 2003-37 ORDER AND NOW, January 12, 2004, custody conference originally scheduled for January 6, 2004, be and is hereby rescheduled to Tuesday, February 3, 2004, at 9:00 a.m. In Courtroom #1, Perry County Courthouse, New Bloomfield, Pennsylvania. BY THE COURT, cc: Susan Candiello, Esq. Defendant File 11:11 AM PERRYC::NTYPROTH 717 41st Judicial Distd~ of PA, Per~ County Branch ROA Re~ Ca~e'. CV-CU-2~3-00037 Cu~ent Judge: UNASSIGNED JOSEPH KELLY NAGLE va. B~NDY LYNN TROUT~N Cus~dy Usar: BRENDA Date 1/6/2003 1/9/2003 1/30/200~'~ 312012003 3/21/2003 12/15/2003 1211612003 1/7/2004 1/2112004 1/26/2004 3/1/2004 COMPLAINT FOR CUSTODY AND ORDER FILED, EXIT TO JUDGE, Filing: Complaint Custody Paid by: SUSAN CANDIELLO ESQUIRE Receipt number: 0004141 Dated: 1/6t2003 Amount: $45.50 (Check) Order dated 1-7~03 filed, Custody Conference scheduled for 2-6-03. Exit cc to arty, fi(e. Affidavit of 8e~v(ce Certified Mail filed. Exit ts to atty, file, Stipulation for Agreed Order of Custody end Order of Court filed. Exit to judge. Order of Court dated 3-20-03 flied. Ex[t cc to arty, file. Petition for Modification of Custody Order and Order flied. Exit to $5.00 Order dated 12-16-03 filed, Hearing eehedu)ed. Exit ~c to ~,tty, (CUSTODY CONFERENCE 01/06/2004 Og:00 AM) Ordar dated 12-16-03 fi(md. Pre-Haaring Cusfody ConCerence scheduled for 1-6-04. Exit cc to arty, file. Motion to Reschedule filed. Exit original to judge, exit ts to arty, file. Order dated 1-12~04 filed. Custody Conference rescheduled to 2-3-04, Exit ce to Candtello, Esq,; Defendam, File. Order dated 1-12-04 filed. Hearing scheduled. Exit ce to arty, (CUSTODY CONFER"~"~E 02/03/2004 09;00 AM) ORDER DATED 2-26-04 TRANSFER FROM PERRY CO TO CUMBERLAND CO. 3-02-04 Judge UNASSIGNED UNASSIGNED C. JOSEPH REHKAMP UNASSIGNED UNASSIGNED C. JOSEPH REHKAMP UNASSIGNED C. JOSEPH REHKAMP C. JOSEPH REHKAMP UNASSIGNED C, JOSEPH REHKAMP C. JOSEPH REHKAMP UNASSIGNED JOSEPH KELLY NAGLE ¥. BRANDY LYNN TROUTMAN :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA :PERRY COUNTY BRANCH :NO. 20030-37 ORDER AND NOW, February 26, 2004, since both parties and the subject child/children reside in Cumberland County, this custody case is hereby transferred from Perry County to Cumberland County. BYTHECOURT: CC: Susan Candiello, Esq. Defendant, pro se Kathy Morrow, Esq. ~u~mberland County Prothonotary File C. O~P, P.J. ~RT,FIED~ TRUE COPY ~ROI~Ofe2T~Y ! ~ ~ ~ JOSEPH KELLY NAGLE, PLAINTIFF/PETITIONER VSo BRANDY LYNN TROUTMAN, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1105 CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days ~ffter this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. llV 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. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 JOSEPH KELLY NAGLE, PLAINTIFF/PETITIONER VS. BRANDY LYNN TROUTMAN, DEFENDANT/RESPONDENT .' IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 04-1105 : : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff/Petitioner, JOSEPH I~3ELLY NAGLE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff/Petitioner is JOSEPH KELLY NAGLE who presently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant/Respondent is BRANDY LYNN TROUTMAN, who it is believed currently resides at 16B West Glanwood Drive, Camp Hill, Cu~aberland County, Pennsylvania, 17011. 3. following child: Name Breanna S. Troutman Plaintiff/Petitioner seeks Full Legal Custody and Primary Physical Custody of the Present Residence 3320 Lisburn Road Mechanicsburg, PA Date of Birth October 28, 2001 4. The child was bom out of wedlock. 6. the following addresses: Name(s) Defendant/Respondent The child is presently in the Primary Physical Custody of the Plaintiff/Petitioner. During the past five (5) years, the child has resided with the following persons at Address Duncannon Dates Birth to February, 2002 Plaintiff/Petitioner and Defendant/Respondent have Shared Physical Custody beginning February, 2002 through October, 2003 Plaintiff/Petitioner Defendant/Respondent 3320 Lisburn Road Mechanicsburg, PA February, 2002 to October, 2003 Defendant has moved twice in Duncannon February, 2002 to and we believe presently resides at October, 2003 16B West Glenwood Drive, Camp Hill, PA Plaintiff/Petitioner 3320 Lisbum Road Mechanicsburg~ PA October, 2003 to February 26, 2004 Plaintiff/Petitioner and Defendant/Respondent have Shared Physical Custody again beginning February 26, 2004 through the present. 7. The mother of the child is Defendant/Respondent who presently resides at 16B West Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 8. The father of the child is Plaintiff/Petitioner who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 9. Defendant/Respondent and Plaintiff/Petitioner are both single. 10. The relationship of the Defendant/Respondent to the child is that of natural mother. It is unknown who the DefendanffRespondent currently resides with. The last known individual, with whom the Defendant/Respondent resided, may no longer reside with the Defendant/Respondent by order of the Cumberland County Children and Youth Department, as a result of his physical abuse of the child. 11. The relationship of the Plaintiff/Petitioner to the child is that of natural father. The Plaintiff/Petitioner currently resides with his fian~e, Kimberly Marie Berkich. 12. Plaintiff/Petitioner has participated as a party in .a prior custody agreement concerning the custody of the child. The court, term and number, and its relationship to this action are as follows: the court was Perry County, the docket number is 2003-37, the result was a custody stipulation and order dated March 20, 2003 which is aa:ached hereto and made a part hereof as Exhibit "A". 13. Plaintiff/Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. PlalntifffPetitioner does not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or viisitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff/Petitioner has great love and concern for her child's physical, educational and psychological safety and well-being; B. Plaintiff/Petitioner has been the child's primary caregiver since March, 2003; C. Defendant/Respondent has moved a minimum of four (4) times since March, 2003; D. Defendant/Respondent has exposed the child to individuals using illegal chemical substances and alcohol; E. Defendant/Respondent has not provided the child with an adequate and safe environment to play and sleep; F. Defendant/Respondent has exposed the child to individuals who have physically abused the child; G. Defendant/Respondent has not been employed and has not provided the child with the necessary and property nutrition and clothing; H. Defendant/Respondent has been investigated by the Cumberland County Children and Youth and has been ordered to attemd parenting classes; I. It is believed the Defendant/Respondent uses Jillegal chemical substances and alcohol while in the presence of the child; J. The Plaintiff/Petitioner does not believe the clfild is physically or psychologically safe in the care of the Defendant/Respmdent. 16. Each parent whose parental fights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff/Petitioner, JOSEPH KELLY NAGLE, requests this Honorable Court grant him FULL LEGAL CUSTODY and PRIMARY PilYSICAL CUSTODY of the minor child, BREANNA S. TROUTMAN, the Defendant/Respondent, BRANDY LYNN TROUTMAN shall have SUPERVISED PltYSICAL CUSTODY of the child, BREANNA S. TROUTMAN and attend the parenting classes as directed by the Cumberland County Children and Youth Department. Dated: April i , 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELL0, P.C. ~usan r~ay Candlel3orEgl~ire Counsel for Plai~iff/Pe~tioner PA I.D. # 64998/ 5021 East Trind~e !R~o~d Suite 100 M~hanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred irt the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. t //// , JOSEP~I KI~LLY NAGLE rr EXHIBIT "A" JOSEPH KELLY NAGLE, PLAINTIFF VS. BRANDY LYNN TROUTMAN, DEFENDANT IN THE C0'URT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NO. 2003-37 CIVIL ACTION . LAW ~ ~i a IN CUSTODY ,ORDER OF COURT AND NOW, th~s '2.0 day of pr'X, ~'~C--[rj[ ,2003, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, JOSEPH KELLY NAGLE and Defendant, BRANDY LYNN TROUTMAN, shall SHARE LEGAL AND PHYSICAL CUSTODY of the minor child, BREANNA S. TROUTMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, E,'~IFVD ' UECOPY DEPUTY P R LTTI-IO ~O~ARY' JOSEPH KELLY NAGL~,, PLAINTIFF VS. BRANDY LYNNTROUTMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF PERRY COUNTY, PENNSYLVANIA : NO, 2003-37 : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH KELLY NAGLE, who currently resides at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant (hereinafter sometimes referred to as "Mother") is BRANDY LYNN TROUTMAN, who currently resides at 10A Ann Street, Duncannon, Perry County, Pennsylvania, 17020. BREANNA S. TROUTMAN (hereinafter sometimes referred to as "Breanna"), born on October 28, 2001, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, JOSEPH Ir-JELLY NAGLE, and Def)ndont~ fi[~I/)¥ :~YNN TROUTMAN, have entered into a mutual agreement regarding th, e,cos, iod~_.o~[.,iheir child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody Cas 'c~fmed i~2~.~.S.A. Section 5302) of their minor child, BREANNA S. TROUTMAN. 2. In the event Plaintiff should be unable to make legal deci~o~s, ~or any reason, for the minor child, BREANNA S. TROUTMAN, Plaintiff and Defendant agree the Plaintiff's fiance, KIMBERLY MARIE BERKICH, shall have the ability to make legal decisions for Breanna as are necessary. Kimberly Berkich shall be bound by all the terms of this custody agreement, as if she were in the stead of Plaintiff, or Father. Kimberly Berkich agrees to cooperate with Defendant in making ali legal decisions for Breanna. In the event of an emergency, Kimberly Berkich may make legal decisions for Breanna, but agrees to contact the Defendant regarding her decision for Breanna as soon as is reasonably possible. 3. All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education. both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mo~:her, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 4. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Fa:~.her agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 5. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which ¢ould in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respeEt and love. 6. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, ;r any other topic, to which it is not in the best interests of the child to be exposed. 7. it shall be the obligation of each parent to make their chiId available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 8. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 9. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 10. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 11. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 12. Mother and Father shall Share Physical Custody of their minor child, BREANNA S. TROUTMAN, according to the following schedule: A. Mother and Father shall alternate weeks of visitation with their daughter. The exchange of their daughter shall occur each Sunday at 8:30 p.m. when the parent who shall begin their period of custody shall get~h~e ci~ild from the parent who has just completed their W~ek of visitation; B. Mother and Father shall each have the ability to request one to two (1-2) evening visits with Breanna during the Week they d'o not /lave custody of Breanna. This evening visit shall be scheduled with the parent with cnstody of Breanna a minimum of twenty-£our (24) hours before the requested evening of visitation. This period of visitation shall begin when the parent leaves work through 8:00 p.m. that same evening. If the parent without custody does not work on the day they are requesting visitation, they may request the child for the entire day through 8:00 p.m. that same evening. The parent without custody getting Breanua for visitation shall be responsible for the transportation of Breanna; C. The parties shall alternate the following holidays, blolidays shall begin at .5:00 p.m. the evening of the day before the holiday and extend through 8:00 p.m. the evening of the holiday. Father shall have the even numbered holidays and Mother the odd numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (This day may be extended later in the evening to attend fireworks.); 5) Labor Day; 6) Thanksgiving Day. D. Christmas: Mother and Father shall alternate Christmas with Mother getting Schedule A in the odd uumbered years and Father getting Schedule B in the odd numbered years, to alternate annually thereafter. A. To begin Christmas Eve at $:00 Christmas Day at 2:00 p.m. p.m. through B. To begin Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. E. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, from 9:00 a'im. through 8:00 p.m.; F. Mother and Father shall have the option of requesting one (1) to two (2) non-consecutive weeks of vacation during the year with their child providing a minimum of thirty (30) days' notice of the time requested is given to the other party; G. Mother agrees in the event Father should be deployed into military service, Father's fiancd, KIMBERLY MARIE BERKICH, may enjoy the same visitation rights with Breanna as Father has under this Agreement, until Father term'ns, when Father shall again enjoy his custodial time with Breanna following the same schedule as befm-e he was deployed; H. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in per/ods of custody from those contained in this custody agreement shalI be made in writing and signed by both parties; I. All holidays, vacations, and specially designated times for visitation with their child shall SUpersede the regularly scheduled visitation. 13. Father and Mother agree they wild not interfere w/th telephone calls or any other form of communication between the party without custody of the child and the child. i4. Mother and Father agree to contact each other in a timely manner to give each other "Right ' of Fn'st Refusal" for any time when they will not be with Brean~a for more than a four (4) hour period. 15. Mother and Father agree to share transportation equally, with the party beginning theh- period of visitation being responsible to get Breanna, unless transportation is otherwise specifically stated for that period of visitation. 16. Communication between the parties at the time of the transfer of Breanna shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 17. Mother and Father agree t~ be responsible for any ordinary everyday expenses and all child care expenses which occur during their individu;aI custody periods with their child. 18. Father agrees to provide health insurance for Breanna. The parties agree if Father will pay for Breanna's health insurance, Mother will pay for all uncovered medical, dental, orthodontia, vision and psychological expenses for Breanna, which do not exceed One Hundred Dollars and No Cents ($100.00). All medical, dental, orthodontia, vision and psychological expenses for Breanna which exceed One Hundred Dollars and No Cents ($100.00) shall be equally (50/50) divided between the parties. :1_9. The parties agree to alternate annually the income tax deduction for Breanna. ]In the even years, Mother shall have the income tax deduction for Breanna. Father shall have the income tax deduction for Breanna in the odd years. If either parent should have to sign any income tax documents to give this income tax deduction for Breanna to the other party, the5, agree to cooperate in doing so in a timely manner. 20. The parent with physical custody of the child agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which tlneir child has become involved. 21. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activitiea when their child is in the care of an adult other than an activity within their child's school. Mother and Father also agree to have eacI'~ other listed as an emergency contact with that adult and/or agency. -~ 22. Neither Mother nor Father while in the presence of the child shall consume gny alcoholic beverages, controlled substances, or prescription drugs which would interfere xvith their ability to provide the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with the child. Mother and Father shall monitor al_..!l other individuals in the child's presence to insure they do not oonsume an~' alcoholic beverages, controlled substances, or prescription drugs which could cause them to be a danger to the chiId. 23. Mother and Father shaI1 be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or'agreement is pen:uanent and/or a change which will occur on numerous occasions, the parties agree the aiteration and/or change shaI1 be in writing and signed by both parents. WITNESS WITNESS B~RAND Y,,/LYi'CN TROUTMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the /~4''ex day of ~kzxoc._.'k% , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeare~ JOSEPH KELLY NAGLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Comrnission Expires: C~0 c.~..( LI; &6cbYF /:,._.._ ....Zi_i_.__~-'P~les/',p:'. 4, 2C¢5 : COMMONWEALTH OF PENNSYLVANIA CO LINTY OF CUMBERLAND SS: On this, the /_~tx day of __~_~,C~X_ , 2003, before me, a Notary Public for the Commonwealth of Pennsylvani~a, the un~ersi~fine~ officer, personally appeare~ BRANDY LYNN TROUTMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Orde. r of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. l'4orary Public(~ ~ My Commission Expires: ('~_~ N j,~)~!~:').5- - lOlarial Sea I. Kir~berly R. Hanford, Notary Public ~M~hi~niCSbu~ Bom Cumb ~ My ~o~miSSlon E~oim- ~rland Coun~ JOSEPH KELLY NAGLE : PLAINTIFF : BRANDY LYNN TROUTMAN : DEFENDANT IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1105 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, June 07, 2004 at _1:00 PM for a Pre-Heating Custody Conference. At such conference, an eflbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a~e five or older may also be l~resant at the conference. Failure to apl~ear 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: Isl Melissa P. Greevy. Esq. Custody Conciliiator mhc 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 Stre,~t Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7~01 2510 0003 4439 JUN 2 1 2004 JOSEPH KELLY NAGLE, Plaintiff V. BRANDY LYNN TROUTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1105 CIVIL TERM : CIVIL ACTION - LAW . IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, thiS c~'r~ day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le,qal Custody. In the event Father should be unable to make legal decisions, for any reason, for the minor child, Breanna S. Troutman, the parties agree that Father's fianc6e, Kimberly Marie Berkich, shall have the ability to make legal decisions for Breanna as necessary. Kimberly Berkich shall be bound by all the terms of this Order as if she were the Plaintiff/Father. Kimberly Berkich shall cooperate with Mother in making all legal decisions for Breanna. In the event of an emergency, Kimberty Berkich may make legal decisions for Breanna, but shall contact the Defendant regarding her decision for Breanna as soon as it is reasonably possible to do so. 2. All decisions affecting their child's growth and[ development including, but not limited to, choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary,, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in their child's best interest. 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mlother and Father agree to give support to the other in their role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. NO. 04-1105 CIVIL TERM 5. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which it is not in the best interests of the child to be exposed. 6. It shall be the obligation of each parent to make their child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 7. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 8. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 9. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 10. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participatior~ at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 11. Father shall have temporary primary physical custody subject to Mother's supervised visitation and partial custody as further described herein: A. To commence as soon as possible, at the YWCA Visitation Program and to continue twice a week for five (5) weeks Mother shall have supervised visits. B. Following Mother's pedod of supervised visits, Mother shall have five (5) weeks of monitored visits occurring twicE; a week at the YWCA Visitation Program. NO. 04-1105 CIVIL TERM C. Following the completion of A and B, if Mother has then relocated to a safer environment, Mother shall have custody the two (2) days that she is off work each week from 8:00 a.m. to 8:00 p.m. However, if Mother is off only one day during a week but is working second shift, she may have custody from 8:00 a.m. to 2:00 p.m. This step will continue for a period of four (4) weeks. D. Following the completion of the first three steps, Mother's custodial time shall expand to include overnight visits which may include the night before her day off if it commences no later than 7:00 p.m. The visit will continue and conclude at 8:00 a.m. on the morning ;~fter Mother's day off. 12. The following paragraphs of the March 20, 2003 Order from the Perry County Division of the 41st Judicial District shall be suspen¢led pending the next Custody Conciliation Conference scheduled for September 2004: Paragraph 12C Paragraph 12D Paragraph 12F Paragraph 14 13. Paragraph 12A and 12B of the March 20, 2003 Perry County Order have been replaced with the contents of this Order. 14. In the event Father should be deployed into military service, Father's fiancee, Kimbedy Marie Berkich, may enjoy the same visitation rights with Breanna as Father has under this Order, until Father returns, when Father shall again enjoy his custodial time with Breanna following the same schedule as before he was deployed. 15. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this Order shall be made in writing and signed by both parties. 16. Father and Mother shall not interfere with telephone calls or any other form of communication between the party without custody of the child and the child. 17. Mother and Father shall share transportation equally, with the party beginning their period of visitation being responsible to get Breanna, unless transportation is otherwise specifically stated for that period of visitation. NO. 04-1105 CIVIL TERM 18. Communication between the parties at the time of the transfer of Breanna shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 19. The parent with physical custody of the child shall keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved. 20. Mother and Father shall provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father shall have each other listed as an emergency contact with that adult and/or agency. 21. Neither Mother nor Father while in the presence of the child shall consume any alcoholic beverages, controlled substance, or prescription drugs which would interfere with their ability to provide the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with the child. Mother and Father shall monitor all other individuals in the child's presence to insure they do not consume any alcoholic bev~ages, controlled substances, or prescription drugs which could c;~use them to be a danger to the child. 22. Mother and Father shall be free to mutually agree to alter and/or change the terms of this Order. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 23. Mother will promptly contact and will participate in the Parent Works Program for parenting education. 24. The Custody Conciliation Conference shalll reconvene on September 2, 2004, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that further expansion of Mother's custodial periods will be reviewed. BY THE COURT: Dist: Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 Brandy Lynn Troutman, PO Box 181, Duncannon, PA 17020 JOSEPH KELLY NAGLE, Plaintiff V. BRANDY LYNN TROUTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1105 CIVIL TERM 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 THE CUSTODY OF Breanna S. Troutman October 28, 2001 F;~ther 2. A Custody Conciliation Conference was held on June 7, 2004 following Father's filing of an April 27, 2004 Petition for Modification of Custody Order. Present for the conference were: the Father, Joseph Kelly Nagle,. and his counsel, Susan Kay Candiello, Esquire; the Mother, Brandy Lynn Troutman, participated pro se. 3. A prior Order had been entered in this matter in the Perry County Division of the 41st Judicial District of Pennsylvania docketed to 37-2003 on March 27, 2003. aEached. Date The parties reached an agreement as to a temporary Order in the form as Custody Conciliator :230467 JOSEPH KELLY NAGLE, Plaintiff V. BRANDY LYNN TROUTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1105 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J.--- ORDER OF COURT AND NOW, this attached Custody Conciliation follows: day of November, 2004, upon consideration of the Summary Report, it is hereby ordered and directed as Order. This Court's Order of June 25, 2004 is VACATED and replaced with this 2. Legal Custody. In the event Father should be unable to make legal decisions, for any reason, for the minor child, Breanna S. Troutman, the parties agree that Father's fianc6e, Kimberly Marie Berkich, shall have the ability to make legal decisions for Breanna as necessary. Kimberly Berkich shall be bound by all the terms of this Order as if she were the Plaintiff/Father. Kimberly Berkich shall cooperate with Mother in making all legal decisions for Breanna. In the event of an emergency, Kimberly Berkich may make legal decisions for Breanna, but shall contact the Defendant regarding her decision for Breanna as soon as it is reasonably possible to do so. 3. All decisions affecting their child's growth and development including, but not limited to, choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in their child's best interest. 4. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in their role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. / NO. 04-1105 CIVIL TERM 5. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. 6. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which it is not in the best interests of the child to be exposed. 7. It shall be the obligation of each parent to make their child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 8. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 9. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 10. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 11. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 12. Father shall have temporary primary physical custody. Mother shall have supervised visitation and/or partial custody as the parties may agree. In the event that the parties cannot agree, Mother retains the right to petition the Court for modification of the Order to provide for a more specific plan of visitation and/or partial custody. NO. 04-1105 CIVIL TERM 13. In the event Father should be deployed into military service, Father's flanc6e, Kimberly Marie Berkich, may enjoy the same visitation rights with Breanna as Father has under this Order, until Father returns, when Father shall again enjoy his custodial time with Breanna following the same schedule as before he was deployed. 14. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. 15. Father and Mother shall not interfere with telephone calls or any other form of communication between the party without custody of the child and the child. 16. Mother and Father shall share transportation equally, with the party beginning their period of visitation being responsible to get Breanna, unless transportation is otherwise specifically stated for that period of visitation. 17. Communication between the parties at the time of the transfer of Breanna shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 18. The parent with physical custody of the child shall keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved. 19. Mother and Father shall provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father shall have each other listed as an emergency contact with that adult and/or agency. 20. Neither Mother nor Father while in the presence of the child shall consume any alcoholic beverages, controlled substance, or prescription drugs which would interfere with their ability to provide the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with the child. Mother and Father shall monitor al_l other individuals in the child's presence to insure they do not consume any alcoholic beverages, controlled substances, or prescription drugs which could cause them to be a danger to the child. NO. 04-1105 CIVIL TERM 21. Mother and Father shall be free to mutually agree to alter and/or change the terms of this Order. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 22. Mother will promptly contact and will participate in the Parent Works Program for parenting education. 23. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. Dist: BY THE COURT: ,~Ll'nda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 ~l'andy Lynn Troutman, PO Box 181, Duncannon, PA 17020 NOV 0 8 2.004 JOSEPH KELLY NAGLE, Plaintiff V. BRANDY LYNN TROUTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1105 CIVIL TERM 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 litigation is as follows: NAME Breanna S. Troutman information concerning the child who is the subject of this DATE OF BIRTH November 28, 2001 CURRENTLY IN THE CUSTODY OF Father 2. The parties' second Custody Conciliation Conference was held on October 28, 2004 as a planned follow-up to the Conference of June 7, 2004. Present for the conference were: the Father, Joseph Kelly Nagle, and his counsel, Linda Clotfelter, Esquire; the Mother, Brandy Lynn Troutman, did not appear. The matter had been originally scheduled for September 2, 2004 at 10:30 a.m. but was continued at the request of both parties to allow Mother additional time to complete the requirements of Paragraph 1 lA of the June 25, 2004 Order. A new Order scheduling the October 28, 2004 Conference was issued by the Conciliator on September 28, 2004, provided to Plaintiff's counsel and to the Defendant at the address which she had provided to the Conciliator at the June 7, 2004 Conference. 3. Father's position on custody is as follows: Father reports that Mother exercised two (2) visits with the child in August 2004. Both visits occurred at the Harrisburg YWCA. Father reports that Mother called to speak with the child and left one message for her. Subsequently, Mother's boyfriend left a message on Father's cell phone asking to see the child on her birthday. Because of the difficulties in working out the visits at the YWCA, Father offered for Mother to visit with the child at his home, however she declined. Mother's boyfriend subsequently instructed the Father not to call their home. NO. 04-1105 CIVIL TERM 4. Because of the challenges the two parties have in making themselves available to the limited hours available through the YWCA Visitation Program, Father asked to have the Order modified to allow the visits to occur elsewhere. He believes this additional flexibility will allow him to work with Mother to have some period of supervised visits with the child before unsupervised partial custody would begin. 5. Mother's position on custody is as follows: Unknown. Mother did not attend the Conciliation Conference, nor did she call. 6. In light of the lack of input from Mother and Father's acknowledged difficulties with scheduling problems the parties' experience with use of the YWCA Visitation Program, the Conciliator recommends the Order as attached. Additionally, because there was a prior Order issued in Perry County and because it appears the parties have consented to the jurisdiction of the Cumberland County Court of Common Pleas, the Conciliator recommends an Order be entered in the Perry County Division of the 41st Judicial District of Pennsylvania docketed to 37-2003 relinquishing jurisdiction of the custody matter to the jurisdiction of the Cumberland County Court of Common Pleas. Dat~ Custody Conciliator :238629 LYNN A. REIGLE, REIGLE, L.L.C., and REIGLE YORK, L.L.C., Plaintiffs JEFFREY S. VAN BOSKIRK, Defendant IN THE COURT OF COMMON PLEAS CUMBEPdLAND COUNTY, PENNSYLVANIA : No. 04-1110 Equity CIVIL ACTION - EQUITY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned civil action with prejudice. Respectfully submitted, Dated: December 22, 2004 At t om e y~,~ .J~2~'9J~ KELLY, HOFFMAN & GODUTO LLP Commerce Towers - 10th Floor 300 North ~' ~econd Street Post Office Box 62003 Harrisburg, PA 17101 (717-920-8't00) rkelly~khgllp.com Counsel for Plaintiffs Lynn A. Reigle, Reigle, L.L.C., and Reigle York, L.L.C. CERTIFICATE OF SERVICE On this 22~d day of December 2004, I, Pamela L. Russell, a legal secretary in the law finn of Kelly, Hoffman & Goduto, LLP, hereby certify that I have, this day, served a tree and correct copy of the foregoing PRAECIPE TO DISCONTINUE upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Steven P. Miner, Esquire Metzger Wickersham 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 Counsel for Plaintiff P~ela L. Russell