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HomeMy WebLinkAbout09-1675Y ?1 ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. No. 09- ?C TERM ADAM BROWNLEY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY Petitioner, ASHELY RENEE POLAND, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 140 Old State Road, Gardners, PA, Cumberland County, PA, 17013. 2. It is believed that Defendant currently resides either with his mother, the paternal grandmother Sue Roberts at 72 Woodview Road, Biglerville, PA 17306, or with his father, the paternal grandfather Rick Brownley at 2080 Biglerville Road, Gettysburg, PA 17325. 3. Mother and Defendant are the natural parents of Trae Brownley, born November 12, 2006. 4. Mother and Defendant were never married. 5. The child has lived at the following addresses and with the following people: a. From his birth until October 2007 Trae lived with Mother and the Defendant on Middour Avenue in Fayetteville, PA. b. From October 2007 until March 11, 2009, Trae lived with Mother and the Defendant at 140 Old State Road in Gardners, PA. + •i c. At both addresses Mother's two other children from a previous relationship resided with her, the Defendant and Trae. Those children are Dylan, born February 5, 2001, and Briana born July 13, 2003. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant and Defendant's mother forcibly took the child from Mother on March 11, 2009. b. Although Mother has been the primary caretaker of Trae, Defendant has not let her see or talk to Trae since March 11, 2009. c. Mother is not certain which of Defendant's parents is keeping Trae and does not know whether Trae is being adequately cared for. d. The Defendant has a serious substance abuse problem and is not capable of caring for Trae. e. Mother does not know who is caring for Trae while the Defendant works or at other times. 7. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; ? y c. Mother can best facilitate and maintain any contact between the child and the Defendant. 8. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the Defendant supervised visitation with the child. 9. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 10. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Defendant is ordered to immediately return the Trae to Mother; b. Mother be given primary legal and physical custody of the children. c. The custodial rights of Defendant shall be limited to supervised visitation as ordered by this Court or agreed to by the parties; d. Defendant is prohibited from removing the children from Pennsylvania except as provided by this Court's custody order; e. Any other relief this court deems just and proper. submitted, c E. D' Alo Att ey for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 v VERIFICATION The above-named Plaintiff, ASHLEY RENEE POLAND, verifies that the statements made in the attached Petition for special Relief and complaint in custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: I 1 ey R je- Poland ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. No. 09- Civil. TERM ADAM BROWNLEY, Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E. D'Alo, do hereby swear that I served ADAM BROWNLEY with a Complaint in Custody on March 17, 2009, by regular mail and certified mail, return receipt, restricted delivery, to the person and address below: Adam Brownley c/o Sue Roberts 72 Woodview Road Biglerville, PA 17306 Adam Brownley c/o Rick Brownley 2080 Biglerville Road Gettysburg, PA 17325. I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: t 2 Signat ev C=j mi 1-1 1 ASHLEY RENEE POLAND, Plaintiff VS. ADAM BROWNLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 09-1 t? ?;IVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ASHLEY RENEE POLAND, Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma 12auperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. a e D'Alo Jessica Diamondstone Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 H 2 2 c°-,. ?R 'V ? F ` r ` x ? +.. ~I ? ? ?'1 T ? ? l ? y -w __ n no ? V 1. ,I ASHLEY RENEE. POLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 09- CIVIL TERM ADAM BROWNLEY, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Ashley Renee Poland, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 140 Old State Road, Gardners, PA, Cumberland County, PA, 17013. 2. It is believed that Defendant currently resides either with his mother, the paternal grandmother Sue Roberts. at 72 Woodview Road, Biglerville, PA 17306, or with his father, the paternal grandfather Rick Brownley at 2080 Biglerville Road, Gettysburg, PA 17325. 3. Mother and Defendant are the natural parents of Trae Brownley, born November 12, 2006. 4. Mother and Defendant were never married. 5. The child has lived at the following addresses and with the following people: a. From his birth until October 2007 Trae lived with Mother and the Defendant on Middour Avenue in Fayetteville, PA. b. From October 2007 until March 11, 2009, Trae lived with Mother and the Defendant at 140 Old State Road in Gardners, PA. 0, c. At both addresses Mother's two other children from a previous relationship resided with her, the Defendant and Trae. Those children are Dylan, born February 5, 2001, and Briana born July 13, 2003. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant and Defendant's mother forcibly took the child from Mother on March 11, 2009. b. Although Mother has been the primary caretaker of Trae, Defendant has not let her see or talk to Trae since March 11, 2009. c. Mother is not certain which of Defendant's parents is keeping Trae and does not know whether Trae is being adequately cared for. d. The Defendant has a serious substance abuse problem and is not capable of caring for Trae. e. Mother does not know who is caring for Trae while the Defendant works or at other times. 7. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; Al c. Mother can best facilitate and maintain any contact between the child and the Defendant. 8. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the Defendant supervised visitation with the child. 9. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 10. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. This Court to order Defendant to return Trae to Mother's custody immediately. b. Mother be given primary legal and physical custody of the children. c. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or as agreed to by the parties; d. Defendant is prohibited from removing the children from Pennsylvania except as provided by this Court's custody order; e. Any other relief this court deems just and proper. Respectfully submitted, bX --gL-- 1- 3 C& Gr E. D'Alo Attorney for Plaintiff/ Petitioner MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 ti t ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. ADAM BROWNLEY, No. 09- CIVIL TERM Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E. D'Alo, do hereby swear that I served ADAM BROWNLEY with a Petition for Special Relief on March 17, 2009, by regular mail and certified mail, return receipt, restricted delivery, to the person and address below: Adam Brownley c/o Sue Roberts 72 Woodview Road Biglerville, PA 17306 Adam Brownley c/o Rick Brownley 2080 Biglerville Road Gettysburg, PA 17325. I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: 1 t1 \G? l 2Q!1?11 Signatur . VERIFICATION The above-named Plaintiff, ASHLEY RENEE POLAND, verifies that the statements made in the attached Petition for Special Relief and complaint in Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. v Date: hley Re ee Poland C3 ra Q r" -.i (DO 1 V r y W ASHLEY RENEE POLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM BROWNLEY DEFENDANT 2009-1675 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 02, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -44 2 lo? Li •Zj Ind 00 ? y 6001 ASHLEY RENEE POLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM BROWNLEY, DEFENDANT :09-1675 CIVIL TERM ORDER OF COURT AND NOW, this lot day of March, 2009, this case having been assigned for conciliation, we will not consider the custody issue on the within petition for special relief. Grace E. D'Alo, Esquire For Plaintiff Adam Brownley, Pro se sal i(n F (?iEy?li-1 60OZ AdVi{?tk . jG APR 0 3 2009 ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO.2009-1675' CIVIL ACTION - LAW V. ADAM BROWNLEY, . Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this y of , 2009, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The prior Order of Court dated March 19, 2009 is hereby vacated. 2. The dockets in this matter are hereby consolidated. 3. The Father, Adam Brownley and the Mother, Ashley Poland, shall have shared legal custody of Trae William Brownley, born November 12, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have supervised visitation with the child in accordance with an Adams County Children & Youth Services Safety Plan. The supervisors shall be Sally or Brandon Showers. Father shall have supervised visitation when Mother does not. 5. Mother shall have supervised visitation with the child in accordance with an Adams County Children & Youth Safety Plan. The supervisor shall be her sister. Mother's periods of supervised visitation shall be from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 6. Transportation shall be shared such that the relinquishing party shall transport. Exchanges shall be accomplished by third parties. 7. No one is to remove the child from the jurisdiction of either Adams County or Cumberland County. 8. Neither party may partake in alcohol to the point of intoxication or use illegal drugs immediately before or during their period of visitation. 9. 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. A telephone conference shall be held on Thursday, April 9, 2009 at 12:00 p.m. cc: indy Goodman, Esquire, Counsel for Father Grace D'Alo, Esquire, Mid Penn Legal Services, Counsel for Mother 0,0pCe-c" UJ . I j Y` . Cal I.u %cc iJ?.? (1.... C? c7N 4 CZ) U ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1675 CIVIL ACTION - LAW ADAM BROWNLEY, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trae William Brownley November 12, 2006 Father 2. A Conciliation Conference was held in this matter on April 2, 2009, with the following in attendance: The Father, Adam Brownley, with his counsel, Mindy Goodman, Esquire, and the Mother, Ashley Poland, with her counsel, Grace D'Alo, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley at Docket No. 09-1675, dated March 19, 2009 referring the Mother's Petition for Special Relief to the Conciliator. 4. The parties agreed to an Order in the form as attached. y -z -vq M V Date ac eline M. Verney, Esquire Custody Conciliator y ... WR 18 2009 ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1675 CIVIL ACTION - LAW ADAM BROWNLEY, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of 2009, upon - A-Mk consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated April 6, 2009 shall remain in full force and effect with the following modifications. 2. The requirement that Father's periods of physical custody be supervised is hereby vacated. 3. Mother shall have periods of supervised visitation on alternating weekends beginning April 24, 2009 provided her grandmother, Peggy Dively, supervises the visits. 4. This Order is entered pursuant to an agreement of counsel for 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. A telephone conference shall be held on Thursday, April 16, 2009 at 12:00 p.m. 1. cc,)d'i* Goodman, Esquire, Counsel for Father 10 Esquire, MidPenn Legal Services, Counsel for Mother n Hooper, 4 APR 13 2009 ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, Plaintiff V. ADAM BROWNLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1675 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trae William Brownley November 12, 2006 Father 2. A telephone conference was held in this matter on April 9, 2009, with the following: Father's counsel, Mindy Goodman, Esquire, and Mother's counsel, Ben Hooper, Esquire, MidPenn Legal Services. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated April 6, 2009 providing for shared legal custody, and both parents having supervised visitation pursuant to a safety plan from Adams County Children & Youth Services. 4. Counsel for the parties agreed to an Order in the form as attached. y- I/ Date acq ine M. Verney, Esquire Custody Conciliator APR 2 0 2009 6 ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, Plaintiff V. ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1675 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z? day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 6 and 13, 2009 shall remain in full force and effect with the following modifications. 2. Father shall have primary physical custody of the child. 3. Beginning April 19, 2009, Mother shall have periods of supervised visitation every Sunday for at least one hour or longer in accord with Adams County Children & Youth safety plan regarding Mother's other children. The supervisor shall be grandmother, Peggy Dively. Mother shall have such other times as agreed by the parties. 4. This Order is entered pursuant to an agreement of counsel for the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc' indy Goodman, Esquire, Counsel for Father „ Adlene Hockensmith, Esquire, MidPenn Legal Services, Counsel for Mother r J APR 2 0 2008 ADAM BROWNLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1668 CIVIL ACTION - LAW ASHLEY POLAND, Defendant : IN CUSTODY ASHLEY RENEE POLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1675 CIVIL ACTION - LAW ADAM BROWNLEY, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trae William Brownley November 12, 2006 Father 2. A telephone conference was held in this matter on April 16, 2009, with the following: Father's counsel, Mindy Goodman, Esquire, and Mother's counsel, Arlene Hockensmith,, Esquire, MidPenn Legal Services: 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley dated April 6, and 13, 2009 providing for shared legal custody, with Father having unsupervised custody and Mother having supervised visitation pursuant to a safety plan from Adams County Children & Youth Services. 4. Counsel for the parties agreed to an Order in the form as attached. Date qu ine M. Verney, Esquire Custody Conciliator ADAM BROWNLEY Plaintiff V. ASHLEY POLAND Defendant ASHLEY RENEE POLAND Plaintiff V. ADAM BROWNLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 -1668 CIVIL ACTION -LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 -1675 CIVIL ACTION -LAW IN CUSTODY o CUSTODY STIPULATION a -or n acv AND NOW, thi92 L day of December, 2010, comes ASHLEY RENEE7_ C" n o , POLAND and ADAM BROWNLEY and enter into this Custody Stipulation: )?_;K D WHEREAS, ASHLEY RENEE POLAND (hereinafter referred to as "Mother") and ADAM BROWNLEY (hereinafter referred to as "Father") are the natural parents of one (1) minor child: TRAE WILLIAM BROWNLEY (hereinafter sometimes referred to as "TRAE"), born November 12, 2006; and WHEREAS, the child was born out of wedlock, and Mother and Father are no longer together, and have been living separate and apart; and WHEREAS, pursuant to an Order of Court dated April 27, 2009, Father was granted primary physical custody of Trae with Mother having periods of supervised. visitation every Sunday for at least one hour or longer, with grandmother, Peggy Dively, serving as the visitation supervisor; and WHEREAS, circumstances have arisen such that Father will not able to exercise primary physical custody of the minor child; and WHEREAS, Mother is currently incarcerated and not able to exercise her period of supervised visitation; and WHEREAS, the Mother and Father have reached an agreement concerning the custody of their minor child and desire to put the terms and conditions of the agreement into writing. AND NOW THEREFORE, the parties hereto, stipulate and agree as follows: LEGAL CUSTODY 1. Paternal grandmother, Brenda Sue Roberts (hereinafter sometimes referred to as "Paternal Grandmother") of 72 Woodview Road, Biglerville, Adams County, Pennsylvania 17307, shall have legal custody of the minor child, Trae William Brownley. Ms. Roberts shall have the power and authority to make all decisions affecting the child's growth and development, including, but not limited to: authorizing and approving medical and dental treatment, school and church enrollment. Ms. Roberts agrees to keep Mother and Father informed of the child's educational and social progress. 2. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. PHYSICAL CUSTODY 3. Paternal Grandmother, Brenda Sue Roberts, shall have primary physical custody of Trae. 4. Upon her release from the Work Release Center, Mother shall have periods of supervised visitation every Sunday for at least one hour or longer in accord with Adams County Children & Youth safety plan regarding Mother's other children. It is anticipated that the supervisor of the visitation will be Peggy Dively or Paternal Grandmother, Brenda Sue Roberts. 5. Father shall have periods of partial physical custody as agreed upon by the parties, and as his circumstances dictate. It is anticipated that Father's periods of partial custody will be exercised at Paternal Grandmother's residence. 6. Either parent, or the grandparents, may have additional periods of physical custody as agreed upon. 7. The parents agree that the custody schedule set forth above may be temporarily modified based on necessity and agreement of the parties. TELEPHONE ACCESS 8. Mother, Father and Paternal Grandmother shall have reasonable telephone access to Trae while he is not in their custody. "Reasonable access" shall be considered, at a minimum, weekly telephone contact. EFFECT ON PRIOR ORDERS OF COURT 9. This Custody Stipulation and Order of Court shall supersede and replace any and all prior Orders of Court regarding the Custody of Trae William Brownley. The terms and conditions of this Custody Stipulation shall remain in full force and effect until such time as another Order of Court is entered. ENTRY AS A COURT ORDER 10. The parents agree that this Custody Stipulation shall be submitted to the Court for entry as an Order of Court. With the intent of being legally bound hereby, the parties hereto set their hands and seal the day and year first above written. Witness Witness SHLEY E POLAND ADAM BROWNLEY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009 -1668 ASHLEY POLAND CIVIL ACTION -LAW Defendant IN CUSTODY ASHLEY RENEE POLAND : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • c 0 -.n V. NO. 2009 -1675 x rn:r z rn • rn?; - rM ADAM BROWNLEY CIVIL ACTION -LAW ,r rv - 7,0o Defendant IN CUSTODY . d ee X -y- , ?- a. > C)m ORDER OF COURT AND NOW, this Z4day of ???_ , 2011, upon consideration of the attached Custody Stipulation, it is hereby ORDERED and DECREED that the terms and conditions of custody of Trae William Brownley shall be as follows: LEGAL CUSTODY 1. Paternal grandmother, Brenda Sue Roberts (hereinafter sometimes referred to as "Paternal Grandmother") of 72 Woodview Road, Biglerville, Adams County, Pennsylvania 17307, shall have legal custody of the minor child, Trae William Brownley. Ms. Roberts shall have the power and authority to make all decisions affecting the child's growth and development, including, but not limited to: authorizing and approving medical and dental treatment, school and church enrollment. Ms. Roberts agrees to keep Mother and Father informed of the child's educational and social progress. 2. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. PHYSICAL CUSTODY 3. Paternal Grandmother, Brenda Sue Roberts, shall have primary physical custody of Trae William Brownley. 4. Upon her release from the Work Release Center, Mother shall have periods of supervised visitation every Sunday for at least one hour or longer in accord with Adams County Children & Youth safety plan regarding Mother's other children. It is anticipated that the supervisor of the visitation will be Maternal Grandmother, Peggy Dively or Paternal Grandmother, Brenda Sue Roberts. 5. Father shall have periods of partial physical custody as agreed upon by the parties, and as his circumstances dictate. It is anticipated that Father's periods of partial custody will be exercised at Maternal Grandmother's residence. 6. Either parent, or the grandparents, may have additional periods of physical custody as agreed upon. 7. The parents agree that the custody schedule set forth above may be temporarily modified based on necessity and agreement of the parties. TELEPHONE ACCESS 8. Mother, Father and Paternal Grandmother shall have reasonable telephone access to Trae while he is not in their custody. "Reasonable access" shall be considered, at a minimum, weekly telephone contact. EFFECT ON PRIOR ORDERS OF COURT 9. This Custody Stipulation and Order of Court shall supersede and replace any and all prior Orders of Court regarding the Custody of Trae William Brownley. The terms and conditions of this Custody Stipulation shall remain in full force and effect until such time as another Order of Court is entered. Dbtribution• Prothonotary .(original) ? Joseph L. Hitchings, Esquire ? Adam Brownley, 72 Woodview Road, Biglerville, PA 17307 ? Ashley Renee Poland, 45 Major Bell Lane, Gettysburg, PA 17325-8265 m0il? 71x7 TT TT d" I-NT TT)T