The URL can be used to link to this page

Home My WebLink About08-4739SONJA L. BRUNNER, Plaintiff vs. GARY W. BRUNNER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. M - y73?F 1`'r IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 SONJA L. BRUNNER, Plaintiff ) vs. ) GARY W. BRUNNER, JR., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SONJA L. BRUNNER, Plaintiff ) vs. ) GARY W. BRUNNER, JR., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Of- 11739 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, SONJA L. BRUNNER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SONJA L. BRUNNER, an adult individual who currently resides at 213 South 17th Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is GARY W. BRUNNER, JR., an adult individual who currently resides at 562 Allenview Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 15 June 2002 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. 1 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: SONJA L. RUNNER O 1114 O •.?y r a N t?J ti Ss co cn IUD 3 i.` } i't'i SHERIFF'S RETURN - REGULAR CASE NO: 2008-04739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUNNER SONJA L VS BRUNNER GARY W JR MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon BRUNNER GARY W JR the DEFENDANT , at 2015:00 HOURS, on the 2nd day of September, 2008 at 562 ALLENVIEW DRIVE MECHANICSBURG, PA by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .59 Surcharge 10.00 ? ( q1dgjop 00 "- ? 40..59 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/04/2008 SAMUEL ANDES By: Deputy Sh riff A. D. COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant SONJA L. BRUNNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-4739 CIVIL TERM GARY W. BRUNNER, JR., Defendant : ACTION IN DIVORCE ANSWER AND COUNTER CLAIM ANSWER AND NOW COMES, Defendant, GARY W. BRUNNER, JR., by and through his counsel, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., and files this Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted on information and belief. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form belief as to truth of the averments of Paragraph 7 and Defendant has no knowledge of what, if anything, the Plaintiff was advised and same is therefore denied and strict proof demanded at the time of trial. 1 WHEREAS, Plaintiff has failed to request any relief, Defendant respectfully requests this Honorable Court dismiss the request for entry of a No-Fault Divorce under Section 3301(d) of the Divorce Code. COUNT I - IItRETRIEVABLE BREAKDOWN 8. Denied. The averments contained in Paragraph 8 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form belief as to the truth of the remaining averments of Paragraph 8 and the same are therefore denied and strict proof demanded at the time of trial. WHEREAS, Defendant respectfully requests this Honorable Court dismiss the request for entry of a No-Fault Divorce under Section 3301( c) of the Divorce Code. COUNTER CLAIM: COUNT I: CUSTODY 9. Paragraphs 1 through 8 are incorporated herein.. 10 Defendant is the father of KINSEY E. BRUNNER, born April 17, 2003 and HAYLEY E. BRUNNER, born March 24, 2005; 11. Plaintiff is the mother of KINSEY E. BRUNNER and HAYLEY E. BRUNNER; 12. Defendant seeks custody of his minor children KINSEY E. BRUNNER and HAYLEY E. BRUNNER; 13. The children were NOT born out of wedlock. 2 14. The children are presently in the custody of the Plaintiff Mother from Monday morning to Friday morning each week and the custody of the Defendant Father from Friday morning to Monday morning each week. 15. For the last five years, the children have resided with the following persons and at the following addresses: Name: Gary W. Brunner, Jr. Sonja L. Brunner Sonja L. Brunner and Gary W. Brunner Sonja L. Brunner and Gary W. Brunner Residence: 562 Allenview Drive Mechanicsburg, PA 213 South 17'h Street Camp Hill, PA 17011 155 Stricker Drive Mechanicsburg, PA 619 Todd Ct. Lewisberry, PA 17339 Dates: July 2008 to Present July 2008 to Present Oct. 2005 to July 2008 Oct. 2003 to Oct. 2005 Sonja L. Brunner and 618 Colonial View Rd. Oct. 2003 Gary W. Brunner Mechanicsburg, PA 17055 to April 2003 16. The Mother of the minor children is the Plaintiff. 17. The Father of the minor children is the Defendant. 18. The relationship of the Plaintiff to the children is that of mother. 19. The relationship of the Defendant to the children is that of father. 20. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 22. Defendant does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 3 23. The best interest and permanent welfare of the children will be served by granting the relief requested as it will fully maximize the time the child will spend with each parent and it is in the best interest of the children to have regular, steady, and extended quality contact with both parents and as such Defendant seeks joint legal custody and primary physical custody of the children. . 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendancy of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody of the minor children KINSEY E. BRUNNER and HAYLEY E. BRUNNER to both parties and primary physical custody of the children to Defendant, GARY W. BRUNNER, JR. COUNT II: REQUEST FOR ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, ATTORNEY FEES, EXPENSES AND COSTS 25. Paragraphs 1 through 24 of this Answer and counterclaim are incorporated herein by reference. 26. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself and the parties children in the standard of living established during the marriage through appropriate employment. 27. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 28. Defendant is unable to sustain himself during the course of this litigation and will require alimony pendent elite in order to do so. 4 29. Defendant requires reasonable alimony to adequately maintain himself in accordance with the standard of living established during the marriage following the issuance of any decree in divorce. 30. Plaintiff has adequate earnings to provide for the Defendant's support and to pay his counsel fees, costs and expenses. WHEREFORE, Defendant, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; (2) enter an award of alimony in his favor; and (3) all other relief deemed appropriate by this Honorable Court. COUNT III - EQUITABLE DISTRIBUTION 31. Paragraphs 1 through 30 of this Complaint are incorporated by reference. 32. Plaintiff and Defendant have acquired property, both real and personal, and debt during their marriage. 33. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Respectfully submitted: Dated: q? g By: & COYNE, P.C. (,IS MARIE COYN, ESQUIRE 39 Market Street 1 mp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 5 VERDICATiON The facts set forth in the foregoing are true and correct to the beset of the undersigned's lmowledge, information and belief and are verified subject to the penalties for unswom falsification to mAhori1ies under 18 Pa. C.S.A. §4904. L Bated. ?? . I . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer and Counter Claim was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Samuel L. Andes, Esquire 525 N. Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Dated: 0 (r Li a arie Coyne, Esquire 3 0 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 ,4ttorney for Defendant 6 I -- C -Z 0 Ct I, n k? :? an ? r COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4739 CIVIL TERM ACTION IN DIVORCE and CUSTODY MOTION FOR APPOINTMENT OF CUSTODY CONCILIATOR PURSUANT TO LOCAL RULE OF COURT NO. 1915.3-1 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES, Defendant, GARY W. BRUNNER, JR., by and through his counsel, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., and files this Motion: 1. On September 17, 2008, Defendant filed an Answer and Counterclaim to divorce complaint, raising a count for custody. 2 Defendant is the father of KINSEY E. BRUNNER, born April 17, 2003 and HAYLEY E. BRUNNER, born March 24,2005; 3. Plaintiff is the mother of KINSEY E. BRUNNER and HAYLEY E. BRUNNER; 4. Defendant seeks custody of his minor children KINSEY E. BRUNNER and HAYLEY E. BRUNNER; 5. The children were NOT born out of wedlock. 1 6. The children are presently in the custody of the Plaintiff Mother from Monday morning to Friday morning each week and the custody of the Defendant Father from Friday morning to Monday morning each week. 6. For the last five years, the children have resided with the following persons and at the following addresses: Name: Gary W. Brunner, Jr. Residence: 562 Allenview Drive Mechanicsburg, PA 213 South 170' Street Camp Hill, PA 17011 155 Stricker Drive Mechanicsburg, PA 619 Todd Ct. Lewisberry, PA 17339 Dates: July 2008 to Present July 2008 to Present Oct. 2005 to July 2008 Oct. 2003 to Oct. 2005 Sonja L. Brunner Sonja L. Brunner and Gary W. Brunner Sonja L. Brunner and Gary W. Brunner Sonja L. Brunner and 618 Colonial View Rd. Oct. 2003 Gary W. Brunner Mechanicsburg, PA 17055 to April 2003 7. The Mother of the minor children is the Plaintiff. 8. The Father of the minor children is the Defendant. 9. The relationship of the Plaintiff to the children is that of mother. 10. The relationship of the Defendant to the children is that of father. 11. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 2 13. Defendant does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested as it will fully maximize the time the child will spend with each parent and it is in the best interest of the children to have regular, steady, and extended quality contact with both parents and as such Defendant seeks joint legal custody and primary physical custody of the children. . 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendancy of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody of the minor children KINSEY E. BRUNNER and HAYLEY E. BRUNNER to both parties and primary physical custody of the children to Defendant, GARY W. BRUNNER, JR. Dated: 0 8 Respectfully submitted: COYNE & COYNE, P.C. By: C?- XISA COYNE ESQUIRE VP arket Street ill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion for Appointment of Custody Conciliator was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Samuel L. Andes, Esquire 525 N. Twelfth Street P.O. Box 168 Lemoyne, PA 17043 -K- ( Dated: Q 2 s -/j j '--' L sa arie Coyne, Esquire 39 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 4 -?. ,... r. , '•i-t r ? ? -fig _ ?; ?, ? Y ?- <<_ ? ?. ,? ? . ?" c: ? . «?? ?- r?.-a `=% w ?°< it SONJA L. BRUNNER, PLAINTIFF VS. GARY W. BRUNNER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4739 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance on behalf of the Defendant Gary W. Brunner, Jr. and accept service of the Divorce Complaint and acknowledge receipt of a copy of the same. Date: 8 I k I---- Lis yne Attrney for Defen ant Supreme Court ID # 537 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 f ' D( cn c:? SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-4739 CIVIL ACTION LAW GARY W. BRUNNER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, ) sq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 30, 200$ at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from jAbuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office: All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must, attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4p-? * Iz- ?P? 4v o F, "l/ 42V ,-v ,rte '!I;OK -50. eo/ I'' 1s ftv 14", ?, i"t_3 C I :11 ITT C-130 HE Is NOV 0 7 2008 6 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4739 CIVIL ACTION LAW GARY W. BRUNNER, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?3 t) y ,H& ur , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sonja L. Brunner, and the Father, Gary W. Brunner, Jr., shall have shared legal custody of Kinsey E. Brunner, born April 17, 2003, and Hayley E. Brunner, born March 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Father shall have custody of the Children every week from Friday after work through Monday before school and the Mother shall have custody during the remainder of the week. B. SUMMER SCHOOL BREAK: During the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place each week on Friday at 5:00 p.m. The summer custody schedule shall begin with the Father's having custody on the first Friday after the last day of the school year. The school year custody schedule shall begin on the last Friday before the first day of school. F 3. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 3:00 p.m. and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 7:00 p.m. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m., and Segment B, which shall run from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. In the event either party desires to relocate the Children's residence, that party shall provide at least sixty (60) days advance written notice thereof to the other parent to provide the parties with sufficient opportunity to reach an agreement as to any necessary adjustments to the custody schedule or to have the matter addressed through the legal process. Any proposed relocation which would affect the feasibility of the existing schedule shall require the agreement of the other party or Court approval. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Lisa M. Coyne, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother 41 g -?j ! -C, : ? ? ? A GIN 8 JJ I I 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 Children who are the subjects of this litigation is as follows: SONJA L. BRUNNER Plaintiff vs. GARY W. BRUNNER, JR. Defendant NAME Kinsey E. Brunner Hayley E. Brunner DATE OF BIRTH April 18, 2003 March 24, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4739 CIVIL ACTION LAW IN CUSTODY CURRENTLY IN CUSTODY OF Mother/Father Mother/Father 2. A custody conciliation conference was held on November 3, 2008, with the following individuals in attendance: the Mother Sonja L. Brunner, with her counsel, Samuel L. Andes, Esquire, and the Father, Gary W. Brunner, Jr., with his counsel, Lisa M. Coyne, Esquire and John Carter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date T Dawn S. Sunday, Esquire Custody Conciliator SONJA L. BRUNNER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 084739 CIVIL TERM GARY W. BRUNNER, JR., ) Defendant ) CIVIL ACTION - LAW PETITION FOR CONTEMPT AND FOR SANCTIONS AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the Court to adjudge the Defendant in contempt of its prior order and impose sufficient sanctions to assure Defendant's future compliance with that order. 1. The Petitioner herein is the original Plaintiff. The Respondent is the Defendant. 2. The parties are the parents of two minor children, Kinsey E. Brunner, now age 6, born 17 April 2003, and Hayley E. Brunner, now age 4, born 24 March 2005. The children are the subject of an order of this Court dated 10 November 2008, a copy of which is attached hereto and marked as Exhibit A. 3. On 8 July 2009, without any advance warning or notice to Plaintiff, and contrary to the provisions of the order of 10 November 2008, Defendant attempted to remove both of the parties' children from the physical custody of Plaintiff. Defendant was unsuccessful in seizing both of the girls, but did succeed in removing one child from Plaintiff's custody. 4. Defendant took the one child with him and refused to return the child. Because both children were upset by the incident and the younger child, who was with Plaintiff, was fearful for her older sister and wanted to be with her older sister, Plaintiff delivered custody of the younger child to Defendant. 5. Defendant's conduct is a clear and serious violation of this Court's order of 10 November 2008. It not only violates the order, but it upset Plaintiff and it upset the parties' two minor children. 6. Prior orders in this matter have been entered by the Honorable M. L. Ebert, Jr., Judge of this Court. 7. Defendant does not concur in Plaintiff's requested relief in this petition. WHEREFORE, Petitioner prays this court to adjudge the Defendant in contempt of its order of 10 November 2008 and to impose such sanctions as the court deems necessary to assure Defendant's future compliance with that order any subsequent orders of this court. amuel L. Andes Attorney for Plaintiff 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that on ?-/, 02 / • 2009, I served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Lisa M. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 1 Saruue. Andes , Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ka?l DATE: -7 - 2/-)? SONJA L. ER NOV 0 7 2008 Gi SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4739 CIVIL ACTION LAW GARY W. BRUNNER, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this - IQ - day of 7j..4? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sonja L. Brunner, and the Father, Gary W. Brunner, Jr., shall have shared legal custody of Kinsey E. Brunner, born April 17, 2003, and Hayley E. Brunner, born March 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected. to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make ahy immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Father shall have custody of the Children every week from Friday after work through Monday before school and the Mother shall have custody during the remainder of the week. B. SUMMER SCHOOL BREAK: During the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place each week on Friday at 5:00 p.m. The summer custody schedule shall. begin with the Father's having custody on the first Friday after the last day of the school year. The school year custody schedule shalt begin on the last Friday before the first day of school. 3. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 3:00 p.m. and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 7:00 p.m. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m., and Segment B, which shall run from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. MOTHER'S DAY/FATHER' S DAY: In every year, the Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. -In the event either party desires to relocate the Children's residence, that party shall provide at least sixty (60) days advance written notice thereof to the other parent to provide the parties with sufficient opportunity to reach an agreement as to any necessary adjustments to the custody schedule or to have the matter addressed through the legal process. Any proposed relocation which would affect the feasibility of the existing schedule shall require the agreement of the other party or Court approval. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J4, - -L 2L A= j Q J. cc: Lisa M. Coyne, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother r RUE COPY FROM REO Te wwheal, i here ul t0 Bet"hits tb6 eeA9 of SO Court at CKAW r. . Nit ,44-* t? -4 w... SONJA L. BRUNNER Plaintiff vs. GARY W. BRUNNER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4739 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kinsey E. Brunner April 18, 2003 Mother/Father Hayley E. Brunner March 24, 2005 Mother/Father 2. A custody conciliation conference was held on November 3, 2008, with the following individuals in attendance: the Mother Sonja L. Brunner, with her counsel, Samuel L. Andes, Esquire, and the Father, Gary W. Brunner, Jr., with his counsel, Lisa M. Coyne, Esquire and John Carter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator REL 2109 JJL 3' 1 `: 8 cull Mil SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY W. BRUNNER, JR. DEFENDANT 2008-4739 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 11, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 15, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ __._ Dawn S. Sunda Es . 1? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE" ' ,i ?ly 't COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4739 CIVIL TERM ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND COUNTER-CLAIM FOR CONTEMPT AGAINST PLAINTIFF TO THE HONORABLE, Judge Ebert: ANSWER AND NOW COMES, Defendant, GARY W. BRUNNER, JR., by and through his counsel, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., and files this Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Denied. It is denied that Defendant did not comply with the November 10, 2009 custody order. By way of further answer, the parties had previously agreed the Defendant would have the children on July 8, 2009 at 5:00 p.m. because Defendant, at Plaintiff's request, had given Plaintiff two extra days the week prior. When Defendant went to Plaintiff's residence at the scheduled 5:00 p.m. pick up time, no one was home. Defendant called Plaintiff's cell phone and left messages on her voice mail. Plaintiff 1 sent Defendant a message indicating that she would not deliver the children to the Defendant as previously agreed. Defendant proceeded to go to the Camp Hill Police Department for assistance; however, the Camp Hill Police Department was closed at that time of day, so Defendant called dispatch and sought assistance. Defendant then contacted Plaintiff's father who advised Defendant that Plaintiff was at TGIF, a restaurant in Hampden Township, having dinner with Attorney Andes' daughter and the children. At approximately 6:30 p.m., Defendant proceeded to TGIF and waited for Plaintiff and the children to finish their dinner and exit the restaurant. When Plaintiff and Attorney Andes' daughter exited the restaurant, the children came running to Defendant, happy to see him. Defendant placed the one daughter into his vehicle and then turned to put his second daughter into his vehicle when Plaintiff, at that time had, locked that child into her vehicle and would not allow the child to go with Defendant. Defendant then left TGIF and went to his home after which Plaintiff called Defendant and advised him that she would drop off the youngest daughter the following morning at 7:30 a.m. 4. Admitted in part and Denied in part. It is admitted that Defendant was entitled to custody of both children and he took custody of one; however, Plaintiff locked the other child into her vehicle and thereby not allowing Defendant his rightful custody of both children. It is denied that Plaintiff delivered the younger child to the Defendant that day, i.e., July 8, 2009. It was only the following morning that Plaintiff delivered the child to Defendant as was required by the Custody Order 5. Denied. The averments in Paragraph 5 are a conclusion of fact and law to which no response is required. If a response is deemed to be required, those averments contained therein are specifically denied and strict proof is required at trial. Furthermore, Defendant's conduct was not in violation of the Order of Custody. Rather, it was Plaintiff who was in violation of the Order of Custody when she refused to transfer custody to Plaintiff at 5:00 p.m. as previously agreed by the parties. 6. Admitted. 2 7. Admitted. WHEREAS, Defendant respectfully requests this Honorable Court dismiss the Plaintiff's Petition for Contempt and Sanctions. COUNTER-CLAIM PETITION FOR CONTEMPT AND SANCTIONS AGAINST PLAINTIFF 8. Paragraphs 1 through 7 are incorporated herein. 9. On June 30, 2009, Plaintiff requested Defendant change custody dates to afford Plaintiff the opportunity to visit Plaintiff's brother in Allentown. Defendant agreed to change custody dates with Plaintiff to accommodate her family visit and the Parties agreed that the following week, Plaintiff would deliver the children to Defendant on July 8, 2009 at 5:00 p.m. as the make-up days for the prior week's modified custody periods. 10. On July 8, 2009, at 5:00 p.m. Defendant was to pick-up the children at Plaintiff's residence as previously agreed as a make-up period for Defendant from Defendant's prior accommodation. Defendant called to confirm the 5:00 p.m. pick-up and Plaintiff advised that he would not get the children. 11. After Defendant accommodated the Plaintiff's request for change in custodial periods and after Plaintiff had the children in her custody, Plaintiff began demanding on July 3, 2009 that Defendant sign-over title to marital vehicle to Plaintiff which the Defendant refused because the divorce action was pending along with marital claims associated thereto. Plaintiff then demanded Defendant sign-over title to the marital vehicle otherwise she would not reinstate Defendant on her health insurance coverage which she had previously wrongfully and unilaterally removed Defendant from the coverage. 3 12. On July 8, 2009, Plaintiff was not home at 5:00 p.m. when the Defendant went to pick up the children. Defendant called Plaintiffs cell phone, but got her voice mail. Defendant proceeded to notify the Camp Hill Police Department about Plaintiffs behavior. 13. Defendant proceeded to go to the Camp Hill Police Department for assistance; however, the Camp Hill Police Department was closed, so Defendant called dispatch and sought assistance. Defendant then contacted Plaintiffs father who advised Defendant that Plaintiff was at TGIF having dinner with Attorney Andes' daughter and the children. Defendant proceeded to TGIF and waited for Plaintiff and the children to finish their dinner and exit the restaurant. When Plaintiff and Attorney Andes' daughter exited the restaurant about 6:30 p.m., the children came running to Defendant, happy to see him. Defendant placed the oldest daughter into his vehicle and then turned to put the second child in the vehicle when Plaintiff locked that child into her vehicle and would not allow the child to go with Defendant. Defendant then left TGIF and went to his home after which Plaintiff called Defendant and advised him that she would drop off the youngest daughter at 7:00 a.m. the following morning. 14. The Plaintiff refused to relinquish custody to Defendant on July 8, 2009 because the Defendant would not sign off on a marital asset. 15. Since the incident, Plaintiff has admitted to Defendant that her conduct was wrong on July 8, 2009. 16. Plaintiffs conduct is a clear and serious violation of this Court's November 10, 2008 order. The Plaintiffs conduct amounted to the use of the children as pawn's to get something of benefit to herself from the Defendant and to repeatedly threaten Defendant the she would not reinstate Defendant on her group health insurance coverage unless and until he signed-over the title to the marital vehicle. 17. Prior orders in this matter have been entered by the Honorable M.L. Ebert, Jr., Judge of this Court. 4 18. Plaintiff does not concur in Defendant's Requested relief in this petition. WHEREFORE, Defendant requests this Honorable Court to adjudge the Plaintiff in contempt of its court order of November 10, 2008 and to impose such sanctions as the court deems necessary to assure Plaintiff's compliance with that order and any subsequent orders of this court. Dated: Respectfully submitted: COYNE & COYNE, P.C. By: LIS ARIE COYNE, SQUIRE 39 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned°s knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: `'I - JS' v 4 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer and Counter Claim was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid and fax: Samuel L. Andes, Esquire 525 N. Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Dawn S. Sunday, Esquire (Custody Conciliator) 39 West Main Street Mechanicsburg, PA 17055 Dated: `j `/ 9 -c l9 Lis Coyne, Esquire 390 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 6 Fil r 2 0 3 9 5:.,p 13 f? 1 : 2 -fi SEP 2 5 2009 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4739 CIVIL ACTION LAW GARY W. BRUNNER, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of spq? e??h?c,?' 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 10, 2008 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of therapeutic family counseling with Frank DiPrima, MS. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Children. The parties shall attend a minimum of four joint counseling sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall contact the counselor's office within 10 days of the date of the custody conciliation conference to schedule the initial session. 3. In addition to the holiday arrangements set forth in the prior Order of this Court, the parties shall share having custody of the Children over the remaining holidays as follows: A. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon and Segment B, which shall run from Easter Sunday at 12:00 noon through the remaining school holiday until school resumes. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Memorial Day/July Fourth/Labor DU: In every year, the Mother shall have custody of the Children for Memorial Day and Labor Day beginning on the morning of the Monday holiday. The parent who has custody under the regular custody schedule on July Fourth shall retain custody of the Children for the holiday. C. Parents' Birthdays: Each parent shall be entitled to have custody of the Children for at least three hours on his or her birthday each year, with the specific times to be arranged by agreement between the parties. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6"1 4. Each parent shall be entitled to have 14 days for vacation travel with the Children each calendar year which shall be scheduled in blocks of no more than seven days. Vacation periods under this provision shall not be scheduled to interfere with the other parent's period of holiday custody schedule and shall not be scheduled in such a way so that the other parent does not have custody with the Children for over two weeks at one time. The parties shall provide each other with at least 45 days advance written notice of his or her intention to exercise the right to a period of custody under this provision. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. Both parties shall follow all school policies with regard to obtaining approval for travel during school time. The Mother shall have custody of the Children under this provision for a period of custody from December 11 through December 17, 2009 for her family to take the Children to Disney World. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, hl?? -\,., ?? M. L. Ebert, Jr. . cc: ,,,Kamuel L. Andes, Esquire - Counsel for Mother ,Zisa M. Coyne, Esquire - Counsel for Father y 1 SONJA L. BRUNNER Plaintiff VS. GARY W. BRUNNER, JR. Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4739 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kinsey Brunner April 17, 2003 Mother/Father Hayley Brunner March 24, 2005 Mother/Father 2. A custody conciliation conference was held on September 21, 2009, with the following individuals in attendance: the Mother, Sonja L. Brunner, with her counsel, Samuel L. Andes, Esquire, and the Father, Gary W. Brunner, Jr., with his counsel, Lisa M. Coyne, Esquire. 3. This custody conciliation conference was held on the Mother's Petition for Contempt and the Father's Counterclaim for Contempt. The parties agreed to entry of an Order in the form as attached. . ke k4-&6cd C;;? -7-, doo 2 Date Dawn S. Sunday, Esquire Custody Conciliator RLED L L OF THE P C,'l ",,-NOTARY 2009 SEA' 29 f " N ;:': 4 ???' CUM, SONJA L. BRUNNER, Plaintiff ) vs. ) GARY W. BRUNNER, JR., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4739 CIVIL TERM IN CUSTODY MOTION TO MODIFY AND FOR LEAVE TO RELOCATE CHILDREN AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and files the following Motion in this matter: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. Plaintiff and Defendant are married and are the parents of two minor children, Kinsey E. Brunner, born 17 April 2003, and Hayley E. Brunner, born 24 March 2005. Those children are the subject of an order of this court, dated 10 November 2008, a copy of which is attached hereto and marked as EXHIBIT A. 3. Prior to August of 2009, Defendant was providing child care for Plaintiff during the periods that the children were in Plaintiff's physical custody. That arrangement worked well for both parties because Defendant was not employed and was available during the day to care for the children. 4. In late August, after an argument between the parties, Defendant walked out of Plaintiff's home and refused to provide further day care for the children while they were in Plaintiff's custody. Defendant did that without providing any advance notice, which seriously interfered with Plaintiff's ability to perform her work. 5. As a result of the above, Plaintiff has had to make other arrangements for child care which now cost her approximately $150.00 per week during the school year and will cost her more during the summer months. 6. As a result of the change in the child care arrangements, Plaintiff no longer has a need to reside in the Camp Hill area. 7. Plaintiff seeks to modify the terms of that order and have leave of this court to relocate the children to a new home in York County, Pennsylvania, for the following reasons: a. Plaintiff is employed in York, Pennsylvania and wishes to live closer to her place of employment. b. Plaintiff has primary custody of the children during the school year each week and, as a result, has always been primarily responsible for the education of the children. c. Plaintiff is employed in the field of education and believes it is important that the children reside with her during the school week. d. Prior to August of this year, Plaintiff's child care was provided, in substantial part by Defendant who came to Plaintiff's home in the Camp Hill area most mornings to care for the children. In August, Defendant has declined to provide that child care. As a result, it is no longer practical or convenient for Plaintiff to reside in Camp Hill. e. Relocating the children closer to her place of employment will permit Plaintiff to respond quickly in the event that the children become ill or otherwise require attention or help at school. f. Prior to 2008, Plaintiff and Defendant and the children resided in York County and Plaintiff seeks to return to the York County area with the children. g. Because of the additional cost of child care created b y Defendant's decision not to provide care for the children while they are in Plaintiffs custody, Plaintiff can no longer afford the expenses of her home in Camp Hill and must sell the house. 8. The relocation which Plaintiff seeks will improve the condition of the children and will serve their better interests because it will permit Plaintiff, who has primary physical custody of the children during the school year and is primarily responsible for their education, to spend more time with the children and less time commuting to and from her employment, will permit Plaintiff to be more directly involved in the children's classroom education, and will return the children to the area where they spent much of their lives. 9. A relocation of the children as requested by Plaintiff will not disrupt Defendant's time or relationship with the children and will represent only a minor inconvenience to the parties. 10. Plaintiff seeks relocation of the children because she sincerely believes such relocation is in their best interests because it will reduce the distance between her employment t and the children's home and allow Plaintiff to become more involved with the children's education and care during her periods of custody. 11. Plaintiff has requested that Defendant consent to her relocation with the children and Defendant has indicated he will notso consent. Defendant's attorney has advised Plaintiff's attorney that Defendant will not consent to the relocation requested in this Motion. 12. The prior order in this matter was entered by the Honorable M.L. Ebert. WHEREFORE, Plaintiff prays this court to permit her to relocate to the York, Pennsylvania area, in accordance with this Motion and for the reasons set forth herein, and to modify the existing order to the extent necessary to permit that relocation. '? ?LK4??- - Q,, Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12'' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Q' jQ aa?n SONJA RUNNER NOV 01- 7 2008 G SONJA L. BRUNNER Plaintiff vs. GARY W. BRUNNER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4739 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this fn 9 day of71?? 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sonja L. Brunner, and the Father, Gary W. Brunner, Jr., shall have shared legal custody of Kinsey E. Brunner, born April 17, 2003, and Hayley E. Brunner, born March 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make ariy immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parties shall have physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Father shall have custody of the Children every week from Friday after work through Monday before school and the Mother shall have custody during the remainder of the week. B. SUMMER SCHOOL BREAK: During the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place each week on Friday at 5:00 p.m: The summer custody schedule shall, begin with the Father's having custody on the first Friday after the last day of the school year. The school year custody schedule shall. begin. on the last Friday before.the first day of school. 3. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 3:00 p.m. and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 7:00 p.m. In even-numbered years; the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m., and Segment B, which shall run from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. In the event either party desires to relocate the Children's residence, that party shall provide at least sixty (60) days advance written notice thereof to the other parent to provide the parties with sufficient opportunity to reach an agreement as to any necessary adjustments to the custody schedule or to have the matter addressed through the legal process. Any proposed relocation which would affect the feasibility of the existing schedule shall require the agreement of the other party or Court approval. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Lisa M. Coyne, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother TRUE COPY FROM RE00ft Told rtony W- 1wed, t here unto Bet Item J the w al Of said court at , i, kLa? I UM • .ad SONJA L. BRUNNER Plaintiff vs. GARY W: BRUNNER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4739 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kinsey E. Brunner April 18, 2003 Mother/Father Hayley E. Brunner March 24, 2005 Mother/Father 2. A custody conciliation conference was held on November 3, 2008, with the following individuals in attendance: the Mother Sonja L. Brunner, with her counsel, Samuel L. Andes, Esquire, and the Father, Gary W. Brunner, Jr., with his counsel, Lisa M. Coyne, Esquire and John Carter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator WICE OF TN8 n-Q f 2009OCT -2 AM II: 27 Cl rM .:: ~. J Ffir Ptl- #,,? ,?o iq#? 0226 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY W. BRUNNER, JR. DEFENDANT 2008-4739 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 14, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, November 05, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF T F1t?;? : MY 200 OCT 14 PH 2: 52 iJ{4-"y /o « may' ?' -Z az ` Ied? )tlu? v COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant SONJA L. BRUNNER, Plaintiff vs. GARY W. BRUNNER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20084739 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE COUNSEL FEES. AND COSTS TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW comes the Defendant/Petitioner, Gary W. Brunner, Jr., who, by and through his attorney, Lisa Marie Coyne, Esquire, files this Petition for Alimony Pendente Lite, and Counsel Fees, in which he avers that: 1. Defendant/Petitioner, Gary W. Brunner, Jr., is an adult individual residing at 562 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent, Sonja J. Brunner, is an adult individual residing at 213 South 17"' Street, Camp Hill, Cumberland County, Pennsylvania. 3. On or about August 17, 2008, Plaintiff/Respondent filed a Divorce Complaint. 4. On or about September 17, 2008, Defendant/Petition filed an Answer to the Divorce Complaint raising, inter alia, a claim for Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Alimony. 5. Petitioner is in need of financial assistance during the pendency of this litigation and to pay his counsel fees. He is without sufficient funds to defray expenses to advance this case. WHEREFORE, Petitioner respectfully prays that he be awarded Alimony Pendente Lite and reasonable Counsel fees. Dated: 1012,4107 - Respectfully Submitted: COYNE & COYNE, P.C. By: LI A #ARIE COYNE, "quire 3 arket Street Camp Hill, PA 170114227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Plaintiff VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: IO ?Z? A T 41?, , , ?- , GAR W. BR , JR. CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for APL was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid and fax: Samuel L. Andes, Esquire 525 N. Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Domestic Relations Office 13 N. Hanover Street Camp Hill, PA 17011-4227 Dated: d K- I sa e Coyne, Esqut 390 arket Street C Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant r TF#" T7r Y 2009 OCT 22 PH 9 ? TyI SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4739 CIVIL TERM GARY W. BRUNNER, JR., IN DIVORCE Defendant/Petitioner PACSES Case No: 254111245 ORDER OF COURT AND NOW, this 30th day of October 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,833.01 and the Respondent's monthly net income/earning capacity is $ 3,235.69, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Hundred Thirty and 00/100 Dollars ($ 130.00) per month payable biweekly as follows: $ 130.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is October 22, 2009. Arrears set at $ 42.74 as of October 30, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Gary W. Brunner, Jr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 -ft The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon the Respondent's obligation to pay Alimony Pendente Lite being offset by the Petitioner's obligation to pay child support under PACKS Case #306111185 and docketed at 00847 S 2009. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: NOV 0 3 2009 to: Petitioner Respondent Samuel L. Andes, Esq. Lisa M. Coyne, Esq. BY THE COURT, DRO: R.J. Shadday FILED-Di- ICE OF THE °F" 7`HONOTARY 2009 NOV -3 °M 2: 26 Ty, CUP4 .a4 ;4y DANA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4739 CIVIL State Commonwealth of Pennsylvania (D O Original Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 10/30/09 0 Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number CENTRAL YORK SCHOOL DISTRICT 775 MARION RD YORK PA 17406-1554 183-54-1155 Employee/Obligor's Social Security Number 2066102184 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 130.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 130.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 30.00 per weekly pay period. $ 65.00 per semimonthly pay period (twice a month) $ 60.00 per biweekly pay period (every two weeks) $ 130.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's ase Identifi R SO SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAI/ BY THE COURT: DRO: R. J. S1 Service Type M Arrears 12 weeks or greater/ O yes ® no RE:BRUNNER, SONJA L. Employee/Obligor's Name (Last, First, MI) J. Wesley Oler, Jr., OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If hhecke¢ you are required to provide aSopy of this form to yourgmployee. If yorr employee v?orks ina state that is di erent Trom the state that issueedd this or er, a copy must be provi eeccii to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2360052990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BRUNNER, SONJA L. EMPLOYEE'S CASE IDENTIFIER: 2066102184 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970.0154 Form EN-028 Rev.5 Worker ID $ IATT r ~ ADDENDUM Summary of Cases on Attachment DefendanVObligor: BRUNNER, SONJA L. PACSES Case Number 254111245 PACSES Case Number Plaintiff Name Plaintiff Name GARY W. BRUNNER JR Docket Attachment Amount Docket Attachment Amount 08-4739 CIVIL$ 130.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PAGES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMBNO.:0970-0154 Worker ID $IATT ALED__CIl- ErE_ 2009 NOY -4 PH 2: 33 Gul?/J SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4739 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw Plaintiff's action in Divorce in this matter, without prejudice. 10 November 2009 C?? S el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 OF TH fi'r':. ^*,'nr Y 2009 N 0 V 16 AH 9: " d ¢r7 °? 0 2009 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4739 CIVIL ACTION LAW GARY W. BRUNNER, JR. : Defendant IN CUSTODY ORDER AND NOW, this 16" day of November, 2009 , the conciliator, being advised by the Mother's counsel that she has withdrawn her Petition for Relocation, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 20, 2009 is cancelled. FOR THE COURT, L'' , , , " /, - //- 7, Dawn S. Sunday, Esquire Custody Conciliator .9 LED- CD E OF THE P o'!n CN!,"?TARY 2009 NOV 23 A 1 ! : 0 7 cumb- ??t ? s Y COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4739 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION TO STRIKE PLAINTIFF'S PRAECIPE TO WITHDRAW DIVORCE COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Defendant, Gary W. Brunner, Jr., who, by and through his attorney, Lisa Marie Coyne, Esquire, files this Motion in Opposition to Plaintiff's Praecipe to Withdraw Divorce Complaint, in which he avers that: 1. Defendant, Gary W. Brunner, Jr., is an adult individual residing at 562 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Sonja J. Brunner, is an adult individual residing at 213 South 17`h Street, Camp Hill, Cumberland County, Pennsylvania. 3. On August 17, 2008, Plaintiff filed a Divorce Complaint. 4. On September 17, 2008, Defendant filed an Answer to the Divorce Complaint raising counterclaims for Custody, Equitable Distribution, Alimony Pendente Lite (APL), Support, Counsel Fees, Costs and Expenses, and Alimony. 1 5. On September 29, 2009, Plaintiff filed a petition for child support of the two minor children. 6. On October 22, 2009, Defendant filed a petition for APL, Counsel Fees, and Costs. 7. On October 27, 2009, a conference with Domestic Relations Conference Officer was held at the Domestic Relations Office on both petitions and it was determined the Plaintiff's net monthly income was $4,041.07 and the Defendant's net monthly income was only $2,027.63. 8. On October 30, 2009, the Domestic Relations Office ordered the Plaintiff to pay the Defendant $130 per month in APL and the child support petition was dismissed. Attached Exhibit "A" 9. On November 16, 2009, the Plaintiff, through her counsel, apparently filed a "Praecipe to Withdraw the Divorce Complaint". Attached Exhibit "B" 10. On November 19, 2009, the undersigned counsel for Defendant was surprised to receive a copy of Plaintiff's "Praecipe to Withdraw the Divorce Complaint" and had no prior notice or communication from opposing counsel as to the filing of such a document. 11. Defendant objects to Plaintiff's "Praecipe to Withdraw the Divorce Complaint" as being prejudicial to the Defendant because it is unreasonable, vexatious, and forces Defendant to have to incur additional expenses in attorney fees when he has only recently started to work in a part-time capacity and it will force to Defendant to incur court costs in the amount of $416.50 to file a new divorce complaint to proceed with an action in divorce. 12. A Court has the ability to dismiss a request for a discontinuance of an action to protect the rights of a party from unreasonable inconvenience, vexation, harassment, expense, or prejudice. Pa.R.Civ.P. 229(c). 2 13. The Defendant is currently receiving APL from the Plaintiff and avers the Plaintiff has filed the "Praecipe to Withdraw the Divorce Complaint" to avoid paying the APL award and to force Defendant to incur additional attorney fees and filing fees in the amount of $416.50 to commence a divorce action when this divorce action has been pending since August 2008 and which defendant has been forced to engage in formal written discovery and would have to repeat such discovery if the Defendant commenced a new divorce action. 14. The Plaintiff's sudden surprise filing of her "Praecipe to Withdraw the Divorce Complaint" is a continuation of Plaintiff's pattern of vexacious gamesmenship and harassing conduct towards Defendant, the financially dependent spouse, and it seeks to have Defendant repeatedly incur additional expenses in this matter and to harass him as follows: a. In May 2009, the Plaintiff unilaterally removed Defendant, who was unemployed, from her health insurance without any prior notice to him causing Defendant to incur additional attorney fees to have Defendant placed back on Plaintiff's health insurance; b. In July, 2009, Plaintiff failed to return the children to Defendant per the custody agreement and then Plaintiff filed false and frivolous contempt petition against the Defendant and which the Defendant had to incur additional attorney fees to successfully defend against and successfully answer the contempt petition; b. On October 2, 2009, the Plaintiff filed a custody Petition seeking to remove the children from Cumberland County and relocate the children to "somewhere" in York County and Defendant incurred attorney's fees in preparing to answer the Petition to Relocate. Then, without any prior notice from Plaintiff or her counsel, the undersigned counsel received an unsigned copy of a letter from Plaintiff's counsel indicating that Plaintiff had changed her mind and was no longer going to relocate. Nevertheless, Defendant incurred attorney's fees because of multiple unsuccessful calls and emails to 3 Plaintiff's attorney to see if the Petition to Relocate was going to be held after the Petition was filed and before the Petition was suddenly withdrawn. C. In January 2009, the parties agreed that each party would claim one child on their 2008 Income Taxes; however, after Defendant filed his individual Income Taxes claiming one child as agreed, Defendant was advised by the IRS that the Plaintiff had claimed both children on her individual tax return. Defendant had to go through additional accounting expense and legal expense to file an amended tax return after having an agreement with the Plaintiff that they would each claim one child apiece. 15. Permitting the "Praecipe to Withdrawal the Divorce Complaint" would create more legal fees and court costs for the Defendant. 16. The Honorable M.L. Ebert, Jr. is associated with this case in the custody proceedings which is docketed to the same number. 17. Defendant presumes that the Plaintiff opposes this Petition to Strike Plaintiff's Praecipe to Withdraw their Divorce Complaint. WHEREFORE, Defendant respectfully requests that Plaintiff's "Praecipe for Withdrawal of Divorce Complaint" be stricken and the Divorce Complaint reinstated without prejudice to the Defendant and the Defendant awarded reasonable Counsel fees. Dated: / L Respectfully Submitted: COYNE & COYNE, P.C. . 1/ v By: L t, 1 LISA MARIE CO ,Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant 4 VERNICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: l Z?g /o EXHIBIT "A" In the Court of Common Pleas of CUMBERLAND County, DOMESTIC RELATIONS SECTION SONJA L. BRUNNER vs. Plaintiff GARY W. BRUNNER JR Defendant I* Ica NOV 4- 2M9 Docket Number IDQ842 c PACSES Case Number 306111185 ) Other State ID Number ORDER AND NOW, to wit on this 30TH DAY OF OCTOBER, 2009 IT IS HEREBY ORDERED that the ® Complaint for Support or Q Petition to. Modify or Q Other filed on 0 9 / 2 9 / 0 9 in the above captioned matter is dismissed without prejudice due to: DEFENDANT'S OBLIGATION TO PAY CHILD SUPPORT IS BEING OFFSET BY PLAINTIFF'S OBLIGATION TO PAY DEFENDANT ALIMONY PENDENTE LITE IN PACSES CASE 254111245. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. 30TH DAY OF OCTOBER, 2009 DRO: R.J. SHADDAY Date Service Type M BY THE COURT: - h'&Lz:::z J. W)PLEY OLER, JR JUDGE Form OE-506 Rev.2 Worker ID 21105 'I ,JA L. BRUNNER, Plaintiff/Respondent i VS. GARY W. BRUNNER, JR., Defendant/Petitioner PACSES Case No: 254111245 ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 08-4739 CIVIL TERM Nov. 4 IN DIVORCE and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. AND NOW, this 30th day of October 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,833.01 and the Respondent's monthly net income/earning capacity is $ 3,235.69, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Hundred Thirty and 00/100 Dollars ($ 130.00) per month payable biweekly as follows: $ 130.00 per month for Alimony Pendente Lite The effective date of the order is October 22, 2009. Arrears set at $ 42.74 as of October 30, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order,. including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. and mailed to: Said money to be turned over by the PA SCDU to: Gary W. Brunner, Jr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACKS Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical for wireimbursed medical expenses incurred expenses of the obligee or children that for each child and/upport tithe amount of $2,50 a The party seeking all exceed $250 Unreimbursed nnl expenses to th allocation of unreimbursed medical annually shall be allocated between the parts e other party no later than expenses must p documentation of final medical bill to be allocated was March 31 St Parties. of the year fol rovide the the calendar year in which as ows: 0% by Respondent and 100% b received. The unreimbursed lowing medical expenses are to be t ide medical insurance coverage. by Petitioner. [X] Respondent D Petitioner paid Within thirty (30) days after the entry ?? Neither party submit written proof that medical insuranccoverage isEder, the coverage has been D Petitioner IXI Care coverage Provider(s); er Respondent shall made. Proof of coverage shall consis S at a obtained or that at aPpli minimum, of: 1) cationfor coverage, 4) the address t s to 2) whicanyh applicable claims should enti be fication numbers; 3) c the name of the health usage, such as prior approval made; Yards evidencing 5 de copy of the benefit booklet or cove?ape cl°admissions ) a scription of any restrictions on for and 8) five ies of co and the manner of obtaining P any claim forms. coverage contract; 7) a description of all deductibles and co-payments; Other conditions: This Order is based upon the Respondent's obligation to offset by the Petitioner's obligation to docketed at Petit S 2009, Pay child support under PAC PSES AlimCaseony #306111185 being Pport and This Order shall become final twee Order to the parties unless either party (20) after the mailing of the notice of th node before the Court. P Y files a written demand with the Prothonot e entry the ay for a hearing de Consented: Petitioner Respondent Mailed copies on: NOV 0 3 2009 to: Petitioner Respondent Samuel L. Andes, Esq. Lisa M. Coyne, Esq. DRO: R.J. Shadday Petitioner's At 1ey Respondent's- Attorney BY THE COURT, 0 J. esley Oler, Jr, J. EXHIBIT "B" MAILING ADDRESS: P. 0. BOX 168 LEMOYNE, PA 17043-0168 E-MA SL: LawAndespaol.com Lisa M. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 17 November 2009 RE. Gary W. Brunner, Jr. Dear Lisa: FAX (717) 761-1433 I have filed a Praecipe to withdraw Sonja Brunner's divorce case. Since the divorce case has been withdrawn, the order for alimony pendente lite is terminated automatically. If you agree, it will not be necessary for us to put our clients through the trouble of the appeal hearing before the Support Master. Please review this with your client and let me know whether he will agree that the APL order is entered with the withdraw of the divorce action or whether we must go through the trouble of that appeal. Sincerely, uel L. Andes amh / Enclosure cc: Ms. Sonja L. Brunner SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4739 CIVIL TERM r? N CIVIL ACTION - LAW _ Z7 {- rr FT j' CD ! 77 IN DIVORCE ti7 '- t rn Please withdraw Plaintiff's action in Divorce in this matter, without prejudice. 10 November 2009 duel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 EXHIBIT "C" MAILING ADDRESS: P. 0. BOX 168 LXXOYNE, PA 17043-0168 E-MAIL: L VAAndeapaot..o Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. 0• BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761.5361 FAX 13 November 2009 (717) 761.1435 RE: Sonja L. Brunner vs. Gary W. Brunner, Jr. No. 2008-4739 Dear Dawn: You have scheduled a conference on my client's petition for relocation. My client's plans have changed and she is not going to be relocating in the immediate future. Accordingly, I write to request that you cancel the conference and relinquish jurisdiction and return the file to the Prothonotary's Office. If it is necessary later to pursue the petition, I will file something to reestablish jurisdiction. Sincerely, amh Samuel L. Andes cc: Lisa M. Coyne, Esquire Ms. Sonja L. Brunner CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion in Opposition of Plaintiff's Praecipe to Withdraw Divorce Complaint was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid and fax: Samuel L. Andes, Esquire 525 N. Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Dated: /Z sa Marie Coyne, Esry ire 3901 Market Street / Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 5 I?_ _ '... ?`t ?^rr, - ? r . .. ? , ? ;?; In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., Defendant/Petitioner Docket Number PACSES Case Number Other State ID Number 08-4739 CIVIL VS. SONJA L. BRUNNER, Plaintiff/Respondent ORDER OF COURT 254111245 You, SONJA L. BRUNNER, of 213 South 17th Street, Camp Hill, Pennsylvania 17011-5510 are ordered to appear at the DOMESTIC RELATIONS hearing room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 10th day of February, 2010, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BRUNNER V. BRUNNER PACSES Case Number 254111245 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ?/1'00? . Wesley Oler, Jr JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 } Is oOEC -1 "4 I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., ) Docket Number 08-4739 CIVIL Defendant/Petitioner ) VS. ) PACSES Case Number 254111245 SONJA L. BRUNNER, ) Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, GARY W. BRUNNER, JR., of 562 Allenview Drive, Mechanicsburg, PA 17055-6198 are ordered to appear at the DOMESTIC RELATIONS hearing room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 10th day of February, 2010 at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BRUNNER V. BRUNNER PACSES Case Number 254111245 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: J. Wesley Oler, )rl JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4739 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO STRIKE PLAINTIFF'S PRAECIPE TO WITHDRAW DIVORCE COMPLAINT AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and files the following Answer to Defendant's Petition to Strike: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, however, Plaintiff states that no hearings have been held or other proceedings initiated by Defendant on any of the economic claims in this action except his claim for alimony pendente lite which he raised in response to Plaintiff s action for child support. The averments set forth in Paragraph 6 herein below, are incorporated herein by reference. 5. Admitted. By way of further answer, Plaintiff states she filed the support action when Defendant unilaterally terminated the arrangements the parties had for Defendant to provide child care to the children during times that Plaintiff worked, which action compelled Plaintiff to incur significant child care expense which she had not been previously incurring. 6. Admitted. By way of further answer, Plaintiff states that Defendant had never requested financial support from her prior to the time she filed the child support action. Defendant's request for alimony pendente lite was not a legitimate effort to meet his financial needs, but was an effort to defeat or diminish Plaintiff's request for child support. 7. Admitted. By way of further answer, however, Plaintiff states that Husband's income is as low as it is because Defendant has not made sincere or effective efforts to obtain full time employment. 8. Admitted. 9. Admitted. 10. Plaintiff cannot respond to Defendant's claims in this paragraph about his counsel's "surprise" upon learning of Plaintiffs Praecipe to withdraw her divorce complaint. Plaintiff admits that her attorney did not previously communicate with Defendant's counsel about the praecipe and denies any responsibility to do so because such communication would not have resolved the matter. 11. Denied as stated. Defendant is not prejudiced by Plaintiff withdrawing her divorce complaint for the following reasons: A. If Defendant wishes to proceed with a divorce action of his own, he is free to commence one at his convenience. B. Defendant has repeatedly stated to Plaintiff that he will not consent to a divorce and will not do anything to advance the conclusion of the divorce. C. Defendant has made it clear, by his conduct, that his motive in this matter is to receive an order for alimony pendente lite and then prolong the divorce action as long as possible to receive the maximum amount of alimony pendente lite. D. Plaintiff, who initiated this action, has the right at any time to withdraw it and doing so does not constitute unreasonable, vexatious action or force Defendant to incur any legal fees beyond what he would otherwise incur in litigating his rights in either divorce action. 12. Denied as stated. The Rules of Civil Procedure speak for themselves. By way of further answer, Plaintiff states that her conduct causes the Defendant "unreasonable inconvenience, vexation, harassment, expense, or prejudice." It is the Defendant, by his conduct, who is attempting to use Plaintiff s divorce action to harass and inconvenience her and to cause her unreasonable expense. 13. Denied. Defendant has no need for alimony pendente lite, as demonstrated by the fact that he has been able to support himself for all of the months since the parties separated. If Defendant seeks to benefit from the divorce action, he must, by the decisions of our appellate courts, proceed with the divorce action himself or he will loose the benefits awarded to him by the court during the pendency of the action, such as an award of alimony pendente lite. Defendant has stated to Plaintiff, on several occasions, that he has no intention of proceeding with the divorce and will not file a consent or otherwise cooperate to advance the divorce action to a conclusion. Defendant, by his conduct, has demonstrated that he is the party guilty of delay and vexatious conduct. 14. Denied. Plaintiff has not engaged in "vexatious gamesmenship or harassing conduct". To the contrary, it is Defendant who has taken advantage of the divorce action in an effort to harass, inconvenience, and annoy Plaintiff. By way of specific answer to the other averments of this Paragraph, Plaintiff answers as follows: a. Plaintiff removed Defendant from her health insurance because Defendant refused to cooperate with Plaintiff in transfer of title to her automobile so she could replace it to provide safe transportation for the parties' children. Plaintiff promptly reinstated Defendant's insurance coverage when asked to do so. b. Denied. Defendant is the one that violated the custody arrangements between the parties, by "snatching" one of the children from Plaintiff custody during her period of custody and refusing to return the child. As a result of Defendant's violation of the custody order, Plaintiff had to file a Petition with the court to enforce the order. b. (sic) Plaintiff filed a Petition to relocate the children to York County when she planned to move to York County to be closer to her employment. She continued with the Petition when Defendant, because he was angry at Plaintiff for an unrelated matter, unilaterally refused to continue to provide child care for the children during his days off work when Plaintiff worked, which required Plaintiff to incur substantial day care expense which the parties had preciously avoided. Plaintiff subsequently withdrew that petition when it became economically impractical for her to sell her house and move and when Defendant agreed to resume providing child care for the children. c. Plaintiff denies that the parties ever had a valid agreement regarding the exemptions of the children and states that she claimed the exemption because Defendant was not then working and, as far as Plaintiff knew, had no taxable income. 15. Denied as stated. Plaintiff has the right to withdraw this action anytime she chooses. Withdrawing the action will not cause Defendant any additional legal fees other than the preparation of pleadings similar to those he has already filed. Denying Plaintiff the right to withdraw her proceeding will allow Defendant to take advantage of Plaintiff by continuing the alimony pendente lite payment at a time when he is not willing to proceed with the divorce and has made it clear that he will oppose and obstruct the conclusion of the divorce. To the contrary, Defendant's conduct, including, the filing of this Petition, has caused Plaintiff to incur legal fees and expenses which are not justified or necessary. 16. Admitted. By way of further answer, however, Plaintiff states that all matters relating to the award of alimony pendente lite, including Plaintiff's withdraw of her divorce action, are now pending before the Support Master, including Defendant's claim for spousal support and scheduled for a hearing in January. Accordingly, action by this court at this time is premature and unnecessary and simply subjects Plaintiff to more legal fees. 17. Admitted. WHEREFORE, Plaintiff prays this court to deny Defendant's Petition to Strike for the reasons set forth above. C?LDQ (? - uel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 121' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: Z 22 09 ... SONJA X.ZRUNNER CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Lisa M. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Date: 1210-6 loq lam' (?LCybQ Amy (q. Harkins Secretary for Samuel L. Andes 10 59 DEC 2 18 . t l '? SONJA BRUNNER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYL A M V. GARY W. BRUNNER, JR., DEFENDANT NO. 08-4739 CIVIL r ORDER OF COURT AND NOW, this 4th day of January, 2010, upon consideration of the Defendant's Petition to Strike Plaintiff's Praecipe to Withdraw Divorce Complaint, and the Plaintiff's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on this matter on Wednesday, March 3, 2010, at 10:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the parties in this case file a pre-hearing memorandum with the Court on or before February 19, 2010, in the following format: 1. A concise statement of factual issues to be decided at hearing. II. A list of witnesses the party intends to call at hearing along with a concise statement of their anticipated testimony. Ill. A list of all exhibits each party anticipates presenting at hearing. IV. A statement of any legal issues each party anticipates being raised at hearing along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. By the Court, ?Samuel Andes, Esquire Attorney for Plaintiff Lisa Marie Coyne, Esquire Attorney for Defendant bas C.?G? I ? £. S evl--a-t LCL ?* -L ?4A ? M. L. Ebert, Jr., "0 J. SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., PACSES NO. 254111245 Defendant/Petitioner DOCKET NO. 08-4739 CIVIL SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., PACSES NO. 306111185 Defendant DOCKET NO. 847 SUPPORT 2009 ORDER OF COURT AND NOW, this _L&?'day of February, 2010, this matter having been scheduled for a hearing de novo before the Support Master on the Husband's claim for alimony pendente lite and the Wife's claim for child support, and the court being advised that the Husband has withdrawn his request for said hearing, upon recommendation of the Master it is ordered and decreed that the orders entered in both actions on October 30, 2009 are affirmed as final orders. By the Court, J. Vyjbsley Oler, Cc: Sonja L. Brunner Gary W. Brunner, Jr. Samuel L. Andes, Esquire For Plaintiff/Petitioner Lisa M. Coyne, Esquire For the Husband E ? :0 ?'J L 193J O l OZ DRO/jlg AW10i' vH. J; 4d CHs. J,, 3 1?. ?(;)-03 0 3 0 0 ?rn rn -co co t ? v- z, ?a -< 2 G!f -I7 w O SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., PACSES NO. 254111245 Defendant/Petitioner DOCKET NO. 08-4739 CIVIL SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GARY W. BRUNNER, JR., PACSES NO. 306111185 Defendant DOCKET NO. 847 SUPPORT 2009 AMENDED ORDER OF COURT AND NOW, this ??day of February, 2010, this matter having been scheduled for a hearing de novo before the Support Master on the Husband's claim for alimony pendente lite and the Wife's claim for child support, and the court being advised that the Wife has withdrawn her request for said hearing, upon recommendation of the Master it is ordered and decreed that the orders entered in both actions on October 30, 2009 are affirmed as final orders. By the Court, Cc: Sonja L. Brunner Gary W. Brunner, Jr. Samuel L. Andes, Esquire For the Wife r_ 7°J F-71 CO r'%) (si °Mi rrr Lisa M. Coyne, Esquire For the Husband DRO/jig SONJA L. BRUNNER, Plaintiff/Respondent VS. GARY W. BRUNNER, JR., Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4739 CIVIL TERM ACTION IN DIVORCE and CUSTODY ORDER AND NOW, this 25th day of February, 2010, upon consideration of the Stipulation, dated February 9, 2010, signed by each party's legal counsel and in accordance therewith, the Praecipe To Withdraw Plaintiff's Complaint in Divorce filed by Plaintiff on November 16, 2009 is hereby stricken and the Divorce Complaint filed by Plaintiff is reinstated as if Plaintiff had not filed the Praecipe to withdraw her divorce action. Accordingly, the Hearing concerning Defendant's Petition and Rule to Show Cause scheduled for March 3, 2010 is hereby cancelled. By the Court: IXA, M. L. Ebert, Jr., Judge cc: Lisa Marie Coyne, Esq. For Defendant/Petitioner Samuel L. Andes, Esq. For Plaintiff/Respondent C-ri - -17 r!. 1s?o /o SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant IN THE COURT OF COMMON ?.; PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4739 CIVIL TERM ) h1 CIVIL ACTION - LAW ._ rn M I IN DIVORCE = STIPULATION .. AND NOW come the above-named parties, by their counsel, who represent to the court that they are authorized to make this Stipulation on behalf of their clients, and stipulate and agree as follows: 1. The Praecipe filed by the Plaintiff on November 16, 2009, by which she withdrew this action, is hereby withdrawn and stricken. 2. Plaintiff's divorce action, including the order for custody of the children entered on November 10, 2008, and the order for alimony pendente lite entered on October 30, 2009, are reinstated as if Plaintiff had not filed the Praecipe to withdraw her divorce action. 1?, ek,lj 5qPert 614 4;11? 3. The parties will withdraw the appeals they filed to the order for,,alimony pendente lite entered by the Domestic Relations Office. Samuel L. Andes Attorney for Plaintiff Date: 'i F-A)2O \c7 M. Coyne Attorney for Defendant Dater . t o 0 0 SONJA L. BRUNNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA VS. : NO. 2008-4739 CIVIL TERM GARY W. BRUNNER, JR., Defendant ttryrT1 7 WITHDRAWAL AND ENTRANCE OF APPEARACNE- -a %r 7? i- - * (D C7 rn C_ Z . ...{ -! C -G o - TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Gary W. Brunner, Jr. Dated: A AN&ld COYNE & COYNE, P.C. By: a••r'• isrMarie Coyne. Esq. Pa. Supreme e Ct. No. 5578 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Kindly enter my appearance on behalf of the Defendant, Gary W. Brunner, Jr.' r Dated: Steven Ho7ell, sq. ;Pa. Supreme Ct. No. 62063 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 r' rr. toy 15 ARA I1 y? P YL AMA SONJA L. BRUNNER, PLAINTIFF vs. GARY W. BRUNNER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4739 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 25 July 2008 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. T understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ??- SONJA L. UNNER FILED-OFFICE O THE PRO T HONOTAR`,' SONJA L. BRUNNER, Plaintiff vs. GARY W. BRUNNER, JR., Defendant 2010 SEP 30 Pty )1: 014 CUMBERLAND C UNTY PENNSYLVAP A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4739 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. _Nr'(b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): Ao At dolt Ct w?Y Ibbu-T $4 F# ivA-(- S t 772con tww7- D Faft L- I (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date:_?A-1 'ro 44 GARY k. BRUNNER, JR. NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. SONJA L. BRUNNER, C') IN THE COURT OF COMMON PLE r' .•::' ". 7 ' PLAINTIFF CUMBERLAND COUNTY, M W ' ? -n PENNSYLVANIA r ul- VS. cn t ? ? ? CD NO. 2008-4739 CIVIL TERM --CD GARY W. BRUNNER °` ?? , DEFENDANT CIVIL ACTION - CUSTODY -1 N DEFENDANT' S PETITION TO MODIFY CUSTODY 1. Defendant Gary W. Brunner (hereinafter "Father") is an adult individual residing at 562 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff Sonja L. Brunner (hereinafter "Mother") is an adult individual residing at 213 South 170' Street, Camp Hill, Cumberland County, Pennsylvania 17011. However, Mother spends extended periods of time residing with her paramour Bryan E. Lauer in York, Pennsylvania at his home at 136 Pointe Ridge Drive, York, Pennsylvania 17402-8245. Mother and her paramour have a rocky relationship with multiple break ups followed by reconciliations. 3. The parties are the natural parents of Kinsey E. Brunner (Age 7) and Hayley E. Brunner (Age 5). 4. The parties are subject to an Order of Court dated September 29, 2009 (Exhibit "A") which modified an Order of Court dated November 10, 2008 (Exhibit "B"). 5. The children presently attend the Camp Hill School District and are thriving in the district as reflected by Exhibit "C" (report card for Kinsey) and Exhibit "D" (report card for Hayley). 6. Father presently enjoys every Friday, Saturday and Sunday overnight to Monday morning with both children during the school year and alternating weeks during the summer. ??'t> 06 LAS ?? a 7. Father would like the alternating weekly schedule to continue during the school year commencing on Mondays at 8:30 AM. In effect, the parties would enjoy a seven day overnight period from Mondays at 8:30 AM to the following Monday at 8:30 PM during the school year. 8. The children have reported a great deal of domestic strife between Mother and her paramour involving screaming and threats which are harmful to the emotional well being of the children. 9. The best interest of the children shall be served by this modification. Respectfully submitted, By: Ho ell Law Firm 9 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Voice Attorney for the Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 B) Date: December 7, 2010 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: ' ?? Ay /o ary W. B er 'Jr. UUY A.A Z OCT 0 ?(?Q U1 r ( k SONJA L. BRUNNER` 11/ JIN THE COURT OF COMMON PLEAS OF Pla ntiff ;CUMBERLAND COUNTY, PENNSYLVANIA vs. GARY W. BRUNNER, JR. Defendant 2008-4739 CIVIL ACTION LAW IN CUSTODY , ORDER OF COURT ' r? vv? AND NOW, this - -7 to day of e 2009, upon consideration of the attached Custody Conciliation Repo d, it is ordered and directed as follows: 1. The prior Order of this Court dated November 10, 2008 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of therapeutic family counseling with Frank DiPrima, MS. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Children. The parties shall attend a minimum of four joint counseling sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall contact the counselor's office within 10 days of the date of the custody conciliation conference to schedule the initial session. 3. In addition to the holiday arrangements set forth in the p*r Order of this Court, the parties shall share having custody of the Children over the remaining holidays, as follows: A. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon and Segment B, which shall run from Easter Sunday at 12:00 noon through the remaining school holiday until school resumes. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years. the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Memorial Day/July Fourth/Labor Davy: In every year. the Mother shall have custody of the Children for Memorial Day and Labor Day beginning on the morning of the Monday holiday. The parent who has custody under the regular custody schedule on July Fourth shall retain custody of the Children for the holiday. C. Parents' Birthdavs: Each parent shall be entitled to have custody of the Children for at least three hours on his or her birthday each year. with the specific times to be arranged by agreement between the parties. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each parent shall be entitled to have 14 days for vacation travel with the Children each calendar year which shall be scheduled in blocks of no more than seven days. Vacation periods under this provision shall not be scheduled to interfere with the other parent's period of holiday custody schedule and shall not be scheduled in such a way so that the other parent does not have custody with the Children for over two weeks at one time. The parties shall provide each other with at least 45 days advance written notice of his or her intention to exercise the right to a period of custody under this provision. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. Both parties shall follow all school policies with regard to obtaining approval for travel during school time. The Mother shall have custody of the Children urider this provision for a period of custody from December 11 through December 17, 2009 for her family to take the Children to Disney World. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, iS ` M. L. Eb , Jr. J. cc: Samuel L. Andes. Esquire - Counsel for Mother Lisa M. Coyne. Esquire - Counsel for Father '?tu1 , .,i?It, Ll?'?r;°'` hid to ?Z SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 20084739 CIVIL ACTION LAW GARY W. BRUNNER; JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ o ? day of 7b 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sonja L. Brunner, and the Father, Gary W. Brunner, Jr., shall have shared legal custody of Kinsey E. Brunner, born. April 17, 2003, and Hayley E. Brunner, born March 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's. best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither parry shall attempt to alienate the affections of the Children from the other party. Each parry shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emerge#cy shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A, §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Father shall have custody of the Children every week from Friday after work through Monday before school and the Mother shall have custody during the remainder of the week. -B. SUMMER SCHOOL BREAK: During the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place each week on Friday at 5:00 p.m: The summer custody schedule shall, begin with the Father's having custody on the -first Friday after the last day of the school year. ' The school year custody schedule- shalt begin. on the last Friday before..the..f.rst day of school. 3. The parties shall have custody of the Children on hohdoys as folkmw A. CHRISTMAS: The Christmas holiday shall be divided into Se ntA, which shall run from Christmas Eve at 12:00 noon through ChMiky at M. PAL g3 which shall run from Christmas Day at 3:00 p.m. through December 26 at 7:00 p.m. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m., and Segment B, which shall run from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's ay weekend and the Father shall have custody on Father's Day weekend from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. -In the event either party desires to relocate the Children's residence, that parry shall provide at least sixty (60) days advance written notice thereof to the other parent to provide the parties with sufficient opportunity to reach an agreement as to any necessary adjust ments to the custody schedule or to have the matter addressed through the legal process. Any proposed`relocation whidh would affect the feasibility of the existing schedule shall require the agreement of the other party or Court approval. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?Sl ???? ? yt e ? ?-?? J. cc: Lisa M. Coyne, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother t E copy, f-m ijwo TWOmony wIiB ed, t tyre urd0 Bet 0 tits -V of said Court at U. 4 ,.. OR 7-- m 9 S? ,. N a .m ? ?.? ad ;a g a -, ?- f? - C S!' C m W N 2. go. a 198 81 0 w 10 3, 2 m m 06 m 12 mm C CL g CL Vl V1 d1 f/f U1 fA p co coo to vi o y y co y D VI f/t: Ul N fn N; 0 Ul y co (a co i C m ? ? c ti ? 7X Q ? m aga ?i g a 9: S2 ?? Np 3 a a a c a m c b ° o? axis, ! al >> c tb id lb I _.m r S a m m m c cgc c c w m c 40 o '? m m 3 ? a mR 0 ac co ?- c o ?? ?a ter. it dL a _ N =r 5. Q N ? S O ?• m ? fC•Zi _ O O; O Q. y 3 CA P C S u? 001 3 co 0'1 5?5?? O S' S?? 8 7 48 3 a w m CL m M ? ? a 3 0 ?•8 0 ? N a W Z• m O O jib ZZZZZZ ZZZZZZZZ ZZ?ZZ Z ZZ ZAZZZZ ZZ ZZZZ Z Ch fn DDD DDDD D D N? D D DDN D?DD?N DD cnco am? I? z ?m S O z m n O' z m m ?n z n m yi N ?Q e? a CL I a V ? co ?? ? p y L t 3c ? ? _ cc i fj ? a > > i,c ? CD m d O ? ' / ?i Q W D 7 c R?pp 9 ' ? o O Q . n i 1 6 ; f p ,L N a 06 n O y" a O y ;fQ. 7 ; a a; ? O p V V ? / G 1 l 7 N O f o Di c Z # 5 a ?' ?' $ c 3 ? ? 'p d }, , M S =aff D ?j Q f - ?? pp ? O gg Oo i 3 7 C , ?, N O N 2 ? p G y ° 0 W 3 ? ' 5 . 7Z f U °' -,. E - ? ? (D O 3 3 CD o Cn 3 -' 2 a =r 4 O ?' O O O ° CD .y. y Z ?p Fi ry Iri CD O 1w 7 fy G . N O y °? y 12. K cr O 3 co n (D g y A D D D D ? co D'D D? D ? U) (n cn (in) (n ? 3 D D fnC/)fnCAfn 0) 0) 0) C W W CD D W x'11 D-1 0 C C (j) ? O-0 0) 0 0 • a CD o.; M D ? M 3 uri 98 m :3 a N CD F N d y y y : En W : :: M .•: y V7 y CA y y y ??. tU 3 _h CD Ii CD N y C1 =i O w C U) 7 O F =r c y N N d 9 VCi fCA a f ?' ?' D CD d fD 7. t) CD fD O O N e f7 (D O 9 N y O y 3- in n' ? U Fj p l y 7C,p y. N ° C D d ( ? 07 CD O = N = 7 to d C 3 y O Cp t7/ C ?pp Ct CD a y g '? C7! O A? v . y p 5* !!1 . N 3_ t 2p y/ O C C tTj O CD y. O d v d p (D O y < O 1 _ 00 f '' d 1 C1 N a) C) O K t7 3 y y d cv+ r0+ '.2 (D w 4f 7 d a ?1 d a y 7 a j Cyr »' ??pp C • y a n 7 CD j 'O p ((D - N 10 m O 0? O G --4 a ?C7? -? C a 3 O M ` Cj O» -, 7 -?, -• ° m to N d 1 C /i (D y o m ?= m N 10 N CD a fD I* C • CD CD O fD M d -° C1 :E c -• . to y Cp d d a 8 CD 7 O N l?! (Yl CD O p c + C W D x N A a C CD N ?' 3 7 y d (D !?! y C X p (D w 0 7. 7. ~ O O S CD y O I - C =r N N y y j C) d y fD x O fD g y v `C N y Ol 0 = N y 0 y (D ~O UJ LX y y 0 RL ((n ?' "?8• =r y O a _ g y < O•. O 7 cn cn 1(-,) I(,) IL,)I D zc, )t cf)l cn N Ozz D D z D z z D z (ncn cn D Z D z Z z D D z l D z l D z li z D D Z ,„ z D Z D z D c, (n 3 -+ 3 N W 3 A 1 ? t? cZi ? ? Z m ?_ ? ? O ? o v v c ? m SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANblk ° , c o V -v 3 rnW _ c = -•+ M- . 2008-4739 CIVIL ACTION LAW ? r` C--) -vm cn ?A - rn ?v d GARY W. BRUNNER <a =p DEFENDANT IN CUSTODY 7>C-) =o ? Opt c') C ? , N D ORDER OF COURT AND NOW, Tuesday, December 14, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before :Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 04, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunday, ES Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ?jo' Avd Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 S ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 07 - 4I 30 Cro I State: Commonwealth of Pennsylvania Q Original Order/Notice Co./City/Dist. of: CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 04/06/11 @ Terminate Order/Notice Case Number (See A en um for case summary) O One-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number CENTRAL YORK SCHOOL DISTRICT 775 MARION RD YORK PA 17406-1554 RE: BRUNNER. SONJA L. Employee/Obligor's Name (Last, First, MI) 183-541155 mp oyee Igor s Social Security Number 2066102184 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? O yes O no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support c- $ 0.00 per month in past-due spousal support C= _q $ 0.00 per month for genetic test costs r*q X-R $ 0.00 per month in other (specify) Zia r=- $ one-time lump sum payment ?>r- r-- 2! for a total of $ 0.00 per month to be forwarded to payee below. D -) -p =? You do not have to vary your pay cycle to be in compliance with the support order. If your pay c0--TJoewot=101-,h the ordered support payment cycle, use the following to determine how much to withhold: 5 $ 0.00 per weekly pay period. $ 0.00 per semimonthly p* p&ibd --"J (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Ca a Identifier) SOLI SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASHY M? BY THE COURT: n J. Wesley 0)6r, Jr., Jut OMB No : 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2360052990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BRUNNER, SONJA L. EMPLOYEE'S CASE IDENTIFIER: 2066102184 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport state pa us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUNNER, SONJA L. PACSES Case Number 254111245 Plaintiff Name GARY W. BRUNNERJR Docket Attachment Amount 08-4739 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLV , ANI A VS. CIVIL ACTION - DIVORCE GARY W. BRUNNER. JR • NO. 08-4739 CIVIL TERM , ., Defendant C? p IN DIVORCE PACSES CASE: 254111245 -vim -"" -- .rn - ?? n F -vim ORDER OF COURT -<Z C) 3 --q o C:)-n 2c) C") AND NOW to wit, this 6th day of aPRIL, 2011, it is hereby Ordered that s 4 g ur p ar t to a n agreement of the parties, through their counsel, the Alimony Pendente Lite i t i s erm nated, effective April 1, 2011 There is a remaining balance of $42.79 owed to the Petitioner and will be paid through the existing wage attachment. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Steven Howell, Esq. 2 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4739 CIVIL ACTION LAW • C7 PV `? GARY W. BRUNNER ir+?i r? Defendant IN CUSTODY -urn ORDER OF COURT 00 o AND NOW, this VO, day of Oe t1r*J- 2011, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Orders of this Court dated November 10, 2008 and September 29, 2009 are vacated and replaced with this Order. 2. The Mother, Sonja L. Brunner, and the Father, Gary W. Brunner, Jr., shall have shared legal custody of Kinsey E. Brunner, born April 17, 2003, and Hayley E. Brunner, born March 24, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. During the school year the Father shall have custody of the Children during alternating weeks from Friday after work through Monday before school and during the interim weeks, beginning April 18, 2011, from Friday after work through Tuesday before school. The Mother shall have custody for the remainder of the weeks. B. Summer School Break: During the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place each week on Friday at 5:00 p.m. The summer custody schedule shall begin with the Father having custody on the first Friday after the last day of the school year. The school year custody schedule shall begin on the last Friday before the first day of school. C. The parties anticipate that circumstances will arise when it will be in the Children's best interests to exchange or otherwise modify weekend or weekday custodial time. The parties agree to cooperate in making the necessary adjustments and shall confirm the details of any agreements in writing, including email, in advance. 4. The parties shall have custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 3:00 p.m. and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 7:00 p.m. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m., and Segment B, which shall run from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon and Segment B, which shall run from Easter Sunday at 12:00 noon through the remaining school holiday until school resumes. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. E. Memorial Day/July Fourth/Labor Day: In every year, the Mother shall have custody of the Children for Memorial Day and Labor Day beginning on the morning of the Monday holiday. The parent who has custody under the regular custody schedule on July Fourth shall retain custody of the Children for the holiday. F. Parents' Birthdays: Each parent shall be entitled to have custody of the Children for at least three hours on his or her birthday each year, with the specific times to be arranged by agreement between the parties. 5. Each parent shall be entitled to have 14 days for vacation travel with the Children each calendar year which shall be scheduled in blocks of no more than seven days. Vacation periods under this provision shall not be scheduled in such a way so that the other parent does not have custody with the Children for over two weeks at one time. The parties shall provide each other with at least 45 days advance written notice of his or her intention to exercise the right to a period of custody under this provision. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. Both parties shall follow all school policies with regard to obtaining approval for a period of custody during school time. 6. In the event either party desires to relocate the Children's residence, that party shall provide at least 60 days advance written notice thereof to the other parent to provide the parties with sufficient opportunity to reach an agreement as to any necessary adjustments to the custody schedule or to have the matter addressed through the legal process. Any proposed relocation which would affect the feasibility of the existing schedule shall require the agreement of the other party or Court approval. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. J. cc: Steven Howell, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother A /(lam iPs I"` Coy ? ,311 SONJA L. BRUNNER IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. GARY W.BRUNNER Defendant 2008-4739 CIVIL ACTION LAW IN CUSTODY Prior Judge: M. L. Ebert, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kinsey E. Brunner April 17, 2003 Mother/Father Hayley E. Brunner March 24, 2005 Mother/Father 2. A custody conciliation conference was held on March 31, 2011, with the following individuals in attendance: the Mother, Sonja J. Brunner, with her counsel, Samuel L. Andes, Esquire, and the Father, Gary W. Brunner, with his counsel, Steven Howell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SONJA L. BRUNNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW (_-' -.0 M CD GARY W. BRUNNER, JR., NO. 2008-4739 CIVIL TE' MW Defendant IN DIVORCE' - > r < cn MOTION FOR APPOINTMENT OF MASTER zo -V- v? . Gary W. Brunner, Jr. Defendant, moves the court to appoint a master with respect te4he. following claims: -< - X Divorce X Distribution of Property _Amlulment -Support & Alimony X Counsel Fees -Alimony Pendente Lite X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action by his / her attorney, Steven Howell. Esquire 3. The statutory ground (s) for divorce are 3301(a)(6), 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A X B X C a. The action is not contested. b. An agreement has been reached with respect to the following claims: 5. 6. 7. c. The action is contested with respect to the following claims: Divorce, distribution of property, alimony, counsel fees, costs and expenses. The action does not involve complex issues of law or fact. The hearing is expected to take One (1) day (s). Additional information, if any, relevant to the motion: None. Date: ?/y& " ORDER APPOINTING MASTER AND NOW , 20 is appointed master with respect to the following claims: rrz o q? ?? C) CD CD c-) Esquire, By the court, J. Steven Howell, Esquire J SONJA L. BRUNNER IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ' : 0 GARY W. BRLTNNER, JR., rnCc S° NO. 2008-4739 CIVIL TC D f rn_... e endant IN DIVORCE cnr ' F-1 r-? MOTION FOR APPOINTMENT OF MASTER n ? >C: Gary W. Brunner Jr Defendant, moves the court to appoint a master with respect t4he °i - following claims: _ :71 X Divorce X Distribution of Property -Annulment -Support X _Alimony X Counsel Fees -Alimony Pendente Lite X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action by his / her attorney, Steven Howell Esquire 3. The statutory ground (s) for divorce are 3301(a)(6), 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A X B X C _ a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: Divorce, distribution of property, alimony, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) day (s). 7. Additional information, if any, relevant to the motion: None. Date:/ At ey f Defendant ,7n "?r n Steven Howell Esquire __j ORDER APPOINTING MASTER AND NOW - a ? , 20/I ? Esquire, is appointed master with respect to the following claims: e Samuel L . Andes, 89- By the court, C??'"" 8 9? I? M"jo L_ "(4 ab J. I SONJA L. BRUNNER IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) = t. C5 - V. CIVIL ACTION - LAW -O3 ^' GARY W. BRUNNER, JR., =rn NO. 2008-4739 CIVIL TE xi r~ Defendant IN DIVORCE r?--? °' °--ac:) CD-n AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was fi led on August 7, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of the final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ) 2 2 ,? ?` w t Sonja L. runner, Plaintiff SONJA L. BRUNNER IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW c-s GARY W. BRUNNER, JR., NO. 2008-4739 CIVIL, TE949 ;Z r °-s rnw Defendant IN DIVORCE =M C.- =-n M cnr- b -< AFFIDAVIT OF CONSENT <= 3 0 zo _ x? 1. A complaint in Divorce under Section 3301(c) of the Divorce Code W-a"04 fiaa oi- August 7, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of the final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division. of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: %2-1221// Aet Y-; ary W. Brunn , Jr., Defendant SONJA L. BRUNNER, Plaintiff VS. GARY W. BRUNNER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4739 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2012, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on February 6, 2012, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. cc: ? Sonja L. Brunner Plaintiff ? Steven Howell Attorney for Defendant ( Cep : P5 dsa,, e ? 41,511;, BY THE COURT, Ke A. Hess, P. J. t-_ _= :: CD SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 4739 CIVIL GARY W. BRUNNER, JR., IN DIVORCE THE MASTER: Today is Monday, February 6, 2012. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Sonja L. Brunner. She is not represented by counsel. The Defendant, Gary W. Brunner, Jr., is present and he has with him his counsel Steven Howell. The action was commenced by the filing of a complaint in divorce on August 7, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been previously provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated by both parties on December 22, 2011. The affidavits and waivers were filed with the Prothonotary on January 6, 2012. A counterclaim was filed on behalf of husband on September 17, 2008. The counterclaim raised economic issues of alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution. The Master has been advised that after 1 negotiations previously at a conference here in the Master's office and negotiations today, the parties have reached an agreement with respect to the economic claims raised. The agreement is going to be placed on the record in the presence of the parties. The agreement, however, will not be effective until the agreement has been reviewed by the parties and their signatures have been affixed to the agreement. During the course of the review by the parties before signing the agreement, they will have prepared a QDRO which the parties will have to sign to be submitted to the Court for the Court's signature. It is the intention of the parties and Mr. Howell that in addition to the Master's appointment being vacated and the action sent to the Court based on the praecipe to transmit, that the QDRO also be included with documents for the Court's signature. Consequently, the decree in divorce will not be entered until the agreement has been signed and the QDRO also signed and approved by the parties. All documents will then be submitted to the Court for final signature and approval by the judge at which time the divorce decree will be entered. The agreement that is going to be placed on the record will be transcribed today and sent around to the parties for review and subsequent signature. The Master will require that two (2) signed copies of the agreement be submitted before he vacates his appointment and also a copy 2 of the proposed QDRO indicating that the parties have assented to the terms of the QDRO. It is also understood that part of the agreement will require that Mr. Brunner withdraw his claims for alimony, alimony pendente lite, and counsel fees and expenses. The claim of equitable distribution will be resolved through the agreement dealing with the pension of wife and the transfer of a title to a motor vehicle. It is the Master's understanding that all other assets and issues relating to equitable distribution have been previously resolved by the parties and the only two (2) assets to be specifically dealt with in the agreement will be wife's pension with PSERS and husband's vehicle which is currently titled in both parties' name. The parties have two minor children, the custody of both children is shared between the parties and there are currently no orders of support paid by either party to the other for the children. Mr. Howell. MR. HOWELL: Thank you. 1. The QDRO subject to both parties's consent and execution as the beneficiary and as the recipient shall be drawn up as follows: a) The parties both agree that the numerator shall be 72 months over the denominator which shall be the total number of months the pension accrues benefits. b) Husband shall elect the survivor benefit for his portion of the PSERS benefit that is going to be awarded to him. 3 c) Both parties shall, to the extent possible, name their children Kinsey and Hayley as the beneficiaries of any portion of the PSERS pension that would otherwise go to themselves should they predecease before it goes into pay status. In the event the children predecease the party, then either one would be free to name whomever they want as beneficiary. d) Husband shall be awarded 1/2 or 50% of the marital portion of the PSERS benefit which shall be calculated as 72 months as the numerator over the denominator, which is yet to be determined, that is the total number of months that wife works for PSERS, and he will be awarded 50% percent of the marital portion of that formula. 2. Husband shall be awarded as his sole and separate property the vehicle that is currently titled in both names. Wife shall, within seven (7) days of a written request by husband, appear to execute the motor vehicle title in favor of the husband. Husband will be solely responsible for any Penn Dot, notary fees, or registration charges in transferring the motor vehicle. 3. All other property in the present possession of the parties shall remain that party's sole and separate property. 4. The parties shall share 1/2 of the invoice from Conrad Siegel for the charges to draw up the QDRO. This does not include the cost, which shall be husband's sole obligation, for the January 19, 2012, letter provided to counsel and to Mrs. Brunner; that shall be on husband. 5. Each party shall declare one child as a dependency exemption. Kinsey going forward commencing in the tax year 2011 shall be awarded to husband and the child dependency exemption for Hayley going forward commencing in the tax year 2011 shall be awarded to wife. 6. All other claims that have been raised by and between the parties in the pleadings or which could have been raised by and between the parties for counsel fees, court costs, expert fees, alimony, alimony pendente lite, or other distributions of marital property are hereby withdrawn. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or 4 the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Paragraph No. 7, however, does not waive any rights that either party may have in the estate of the other with respect to the PSERS as previously set forth hereinabove. Mrs. Brunner, have you heard the agreement as stated on the record? MRS. BRUNNER: Yes. THE MASTER: Do you understand it? MRS. BRUNNER: Yes. THE MASTER: Is it acceptable as stated on the record subject to your reviewing the QDRO? MRS. BRUNNER: Yes. THE MASTER: Mr. Brunner, you heard the agreement as it was stated on the record? MR. BRUNNER: Yes. THE MASTER: Do you understand it? MR. BRUNNER: Yes. THE MASTER: Do you have any questions? MR. BRUNNER: No. 5 THE MASTER: And you understand the agreement is the final settlement between you and your wife pending your review of the QDRO? MR. BRUNNER: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Stev Hoyt' At rney or Defendant 1011L DATE: Z- on' L. Brunner J ar W. Brun er, Jr. 6 SONJA L. BRUNNER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 20084739 CIVIL TERM GARY BRUNNER, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD ?' -- ' -<> y To the Prothonotary: Transmit the record, together with the following information, to the court fd=ii-entm ofd a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated September 2, 2008 and Manner of Service was by Sheriff. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce code: by Plaintiff December 22, 2011; by Defendant December 22, 2011. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Property Settlement Agreement dated February 16, 2012 and incorporated, but not merged, into the Decree. 5. Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with Prothonotary: January 6, 2012. Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with Prothonotary: January 6, 2012. By: I-well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: May 15, 2012 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon Unrepresented Plaintiff by First Class, Postage Prepaid U. S. Mail. Sonja L. Brunner 213 South 17'h Street Camp Hill PA 17011 By: Date: May 15, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SONJA L. BRUNNER V. GARY BRUNNER NO, 2008-4739 DIVORCE DECREE AND NOW, -'1"ft ?a 20 ' z- , it is ordered and decreed that SONJA L. BRUNNER plaintiff, and GARY BRUNNER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, Attest: J. [7 Prothonotary Co I ?'e s rn? ? ?. ?, f444,f S'. ?J , ?C L