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Home My WebLink About10-0246 BLED-OFFICE Ear THE PK^T=,ONCTAAY 1010 JAN -7 PM 3: 40 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 0 3 S%2. d0 / r s. 5y C.6C- W `7 THOMAS BRANT, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMB? A NO. 10 - 2410 CIVIL TERM NICHOLE BRANT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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. a3s?? 5r R-7-9 4k OM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 THOMAS BRANT, Plaintiff V. NICHOLE BRANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. v'y(o CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT 1. Plaintiff is Thomas Brant, who currently resides at 329 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Nichole Brant, who currently resides at 329 East Orange Street, Shippensburg, Pennsylvania 17257. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 26, 2005, at Shippensburg, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. M 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since November 2009 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - CUSTODY 10. The Plaintiff seeks custody of the following child: Name: Jaedon River Brant Date of Birth: 11/06/2004 Address: 329 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 11. The child was born during wedlock. 12. The child is presently in the custody of both parents, who reside at 329 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 13. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Thomas Brant and Nichole Brant 329 East Orange Street, November 2004 to Present Shippensburg, PA 1. 14. The father of the child is Thomas Brant, who resides at 329 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 15. Father of the child, Thomas Brant, is married but separated. 16. The mother of the child is Nichole Brant, who currently resides at 329 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 17. Mother of the child, Nichole Brant, is married but separated. 18. The relationship of Plaintiff to the children is that of Father. 19. The relationship of Defendant to the children is that of Mother. 20. The Plaintiff and Defendant currently reside together with the children; however, their lease expires at the end of February 2010 and is not being renewed. It is believed and therefore averred that the parties will both be living in separate residences before or at that time. 21. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 23. The Plaintiff.' does not know of a person or a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: Father and Mother have discussed and v w A agreed that it is in the best interest of the child for them to share physical custody on a week on/week off basis. 25. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant the parties shared legal and physical custody of the chill. Respectfully submitted, ABom&KuTULmas, L.L.P. ` DATE ?Lff Kara W. Haggerty, Esquire Supreme Court ID No. 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff i VERIFICATION I, THOMAS BRANT, verify that the statements made in this Divorce and Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date I THOMAS BRANT THOMAS BRANT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COU QTY, PENNSYLVANIA V. 2010-246 CIVIL ACTION LAW NICHOLE BRANT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 12, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February, 18, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be rude 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 ofa temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ? John J. Mangan, _ Esq.jrA _ 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 i,ontact out* 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 ATTORNEYAT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE -P. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,Fi LE L, _"`?.. '?"i 1LSE. 20I0JAN12 c 2:;1 1,;2 14' FILED- :;?FCX OF THE PRO H1 !(NARY OM CSC' KUTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 THOMAS BRANT, Plaintiff V. NICHOLE BRANT, Defendant 2010 JAN 14 Phi 3: 32 CU vi _?1plY 14 :?\J? ( i?l? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-246 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Sections 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Nichole Brant, at Shippensburg, Pennsylvania, addressed as follows: Nichole Brant 329 East Orange Street Shippensburg, PA 17257 Return card acknowledging receipt on January 9, 2010, is attached as Exhibit "A". Date: 01 (4 1 0 ABOM & KUTULmus, LLP Kara W. Haggerty, YS Attorney I.D. No: 8 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3 east 17?5? A. Signature d I P '? F ant X teases B. Received by (Printed N C. Data''', livery D. Is delivery address d 1? . 1 If YES, enter delivery ad below:c ,ertitled Mail 0 Express Mail r iag 0 Return Receipt for Merchandise '? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 1y?Yes 2. Article Number 7008 1830 0003 5942 5241 (rnwafer from service label) PS Form 3811, Februwy 2004 Domestic Return Receipt 102595.02-W1"O EXHIBIT CERTIFICATE OF SERVICE AND NOW, this 14th day of January, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Affidavit of Service by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Nichole Brant 329 East Orange Street Shippensburg, PA 17257 Respectfully submitted, ABom 6 KuTuLAKis, LLP Kara W. Haggerty, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Plaintiff FEB Z ~ 2010 ~ , b ~ THOMAS BRANT, ''`" ?~'c ~ ~ ~ "'~ ~t,~~ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA z~ia~~s 23 ~~~1 ~: i ~: v. No. 10-246 CIVIL ACTION LAW NICHOLE BRANT, ~~`~='~"`"=' `~~`'~ ~~`~~„ IN CUSTODY Defendant ORDER OF COURT AND NOW this ~`~day of February 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Thomas Brant, and the Mother, Nichole Brant, shall have shared legal custody of Jaedon River Brant, born 11/06/2004. The parties shall have an equal right 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 of 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. 2. Physical Custody: Until further Order of Court, Mother and father shall arrange physical custody of the Child as follows: a. Father shall have physical custody of Jaedon on alternating weekends from Sunday 9:00 am, picking up the Child from Mother's residence, until Monday morning, bringing Jaedon to preschool. b. Father shall have physical custody of Jaedon every Monday, Tuesday and Wednesday from 11:20 am, picking up the Child from preschool, until 1:30 pm, dropping the Child off at Mother's residence. c. Father shall have physical custody every Thursday and Friday from 9:00 am, picking the Child up from Mother's residence, until 1:30 pm, dropping the Child off at Mother's residence. d. Father has agreed to, and shall, provide the transportation obligations for the custody exchanges. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the holiday schedule shall be established at the follow-up conciliation conference. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. The instant matter is continued generally for an anticipated one month. When/if Father's work schedule changes and/or Mother's living arrangements have been solidified, either party may contact the assigned conciliator to schedule a conference to better determine the physical custody situation. 9. This Order is entered pursuant to 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, _~~~~ Distribution: -Iarold Irwin, Esquire /I~ara Haggerty, Esquire ~in J. Mangan, Esquire ~~es rr~-~ts~. ~Y1~ THOMAS BRANT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-246 CIVIL ACTION LAW NICHOLE BRANT, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jaedon River Brant 11/06/2004 Father and Mother 2. A Conciliation Conference was held with regard to this matter on February 18, 2010 with the following individuals in attendance: The Mother, Nichole Brant, with her counsel, Harold Irwin, Esq. The Father, Nichole Brant, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. It is noted that Father's work schedule and Mother's living arrangements maybe changing within the next month. As such, all parties agreed that another conciliation conference in approximately one month would make more sense to determine the physical custody situation with Jaedon. ~- ~ ~r ~ ~ _____- Date Jo angan, Esquire Cu ody Conciliator S U THOMAS BRANT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v • n o No. 10-246 CIVIL ACTION ~ :~ .'~ . r~~ c ~T NICHOLE BRANT, IN CUSTODY ~;'.,. ~ `~'' Defendant ~ ~... ~.j _. ~-_. - ~» ~ Prior Judge: Albert H. Masland, J. :D ~.: l~ ~ _ :~; ~~' C '~- ~{ t'V ORDER OF COURT AND NOW this -.~ day of June 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby sch duled on the ~l~'` day of -~ 2010 at f ~,3C~ air/pm in Courtroom number the Cumberland County Court of mmon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custodv: The Father, Thomas Brant, and the Mother, Nichole Brant, shall have shared legal custody of Jaedon River Brant, born 11/06/2004. The parties shall have an equal right 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 of 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. 4. Physical Custodv: Until further Order of Court, Father shall have primary physical custody of the Child subject to Mother's custody as follows: a. Mother shall have physical custody of the Child every day between Monday and Friday from 2:30 pm until 11:15 pm. b. Mother shall have physical custody of Jaedon on alternating weekends from Friday 2:30 pm until Sunday 4:00 pm. c. The transportation obligations shall be arranged between the parties. d. In no event shall the custody exchanges be conducted in a hostile manner. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Counseling: The parties shall continue to engage the Child in counseling as necessary or appropriate. 7. Neither party shall attempt to influence the Child in regard to any investigation or in the custody litigation matter. 8. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the holiday schedule shall be established at the scheduled hearing. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to 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, D~nbution: /Harold Irwin, Esquire /ICara Haggerty, Esquire ~hn J. Mangan, Esquire i ~s m~.c ~ ~ ~/w '~ THOMAS BRANT, Plaintiff v. NICHOLE BRANT, Defendant Prior Judge: Albert H. Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-246 CIVIL ACTION LAW 1N CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jaedon River Brant 11/06/2004 Father and Mother 2. A Conciliation Conference was held with regard to this matter on February 18, 2010, an Order issued February 22, 2010, an Order issued June 02, 2010 based on a Petition for Emergency Special Relief and a conference was held June 10, 2010 with the following individuals in attendance: The Mother, Nichole Brant, with her counsel, Harold Irwin, Esq. The Father, Nichole Brant, with his counsel, Kara Haggerty, Esq. 3. Father's position on physical custody is as follows: Father indicates that he would like primary physical custody of the Child. Father has concerns that Mother may have grabbed/hit the Child and that he noticed some bruising when the Child returned from Mother's care. Father has additional concerns about supervision of the Child and Mother's unstable housing situation. Father would like for Mother to have supervised visits with the Child. There appears to be some tangential Children and Youth involvement. Father would like the Child in play therapy and for Mother to receive anger management counseling. Father is willing to do some sort of co-parenting counseling with Mother as well. Father indicates that maternal grandfather is hostile and interfering in the situation. Father indicates that he has adequate family/friend support to assist with child care. The Child will be attending school ion the fall and Father indicates that the Child needs structure and stability. Father further feels that a custody evaluation would be extremely beneficial to this situation but that both he and Mother are not in a financial position to afford an evaluation and requests that the Court appoint an evaluator at the Cumberland County's expense. 4. Mother's position on custody is as follows: Mother adamantly refuses to agree to any sort of supervised contact with Jaedon. Mother would like the Court Order dated 02/02/10 be re-instated. Mother denies any sort of inappropriate conduct on her part. Mother indicates that Father has simply refused to let her see the Child for at least a month. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. 2 Date THOMAS BRANT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLE BRANT, DEFENDANT 10-0246 CIVIL TERM ?7-' MEMORANDUM OPINION AND ORDER OF COURT ` -v = Masland, J., August 25, 2010:-- r =? On January 7, 2010, Thomas Brant, hereafter father, filed a divorce action against Nichole Brant, hereafter mother, in which he included a count seeking primary physical custody of the parties' minor child, Jaedon R. Brant, born November 6, 2004. Following a conciliation conference on February 18, 2010, the parties reached a temporary agreement with the understanding that it might be changed at a subsequent conference depending on father's future work schedule and mother's living arrangements. Pursuant to such discussions, the court entered an order on February 22, 2010, providing for joint legal custody of Jaedon with, essentially, shared physical custody. Prior to the follow-up conciliation conference, the father filed an emergency petition for special relief on May 27, 2010. On June 2, 2010, pursuant to that petition, the court granted father primary physical custody with mother having supervised visitation until the conciliation conference scheduled on June 10, 2010. The disputes between the parties were not resolved at the conciliation conference and a hearing before the court was scheduled for August 9, 2010. At that hearing, after hearing from the parties, the following individuals testified on behalf of father: Sherry K. Lalli, (father's girlfriend), Charles D. Felps, 10-0246 CIVIL TERM (a counselor for Jaedon), Patrolman Craig Dunn, (Shippensburg Borough Police Department), and several friends/acquaintances of the parties), Heather Nash, Bobbi Jo Gradjeda, Theresa Armolt, and Amy Shew. Testimony on mother's behalf was received from her father, Charles Satterly, her mother, Barbara Satterly, and her mother's fiance, Keith Dile, Sr. At the conclusion of the hearing, the parties were directed to provide the court with a proposed custody schedule, which provided for the partial custody rights of the other parent. DISCUSSION Perhaps, the central issue in this matter is the issue that gave rise to the emergency relief granted by the court on June 2, 2010. In short, on Saturday, May 15, 2010, father noticed bruises on Jaedon's arms, who allegedly claimed that "mommy grabbed me and hurt me." Ultimately, this was reported to Cumberland County Children and Youth Services. At some point after the court issued its June 2?d order, a representative of the Agency visited with mother and child. No one from the Agency testified at the hearing; however, both parties believed the matter had been closed. Given the passage of over three months since the report, the court will assume that the matter is closed. It is safe to say that but for the allegations in the emergency petition for special relief, the parties would have returned to the second conciliation conference and custody hearing in essentially the same position as the first conference. And, in fact, at the hearing on August 9t", father was still working the 3 p.m. to 11 p.m. shift at Schrieber Foods in Shippensburg and was still expecting to change to the 5 a.m. to 5 p.m. shift sometime before the end of the -2- 10-0246 CIVIL TERM year. Likewise, mother was facing eviction from her apartment with plans to move in with either of her parents. Although father's shift change is still speculative, Mrs. Satterly, the maternal grandmother, testified at the hearing that mother had decided to move in with the maternal grandfather. No matter their circumstances, at the time of the hearing it was clear that there was no love lost between father and mother. If their ability to communicate was impaired beforehand, it was rendered inoperable by the allegations of child abuse. Those allegations of abuse were coupled with allegations from the father and some of his witnesses that mother had significant problems with her anger. This testimony was corroborated by Officer Dunn, a neutral witness, who described mother as being "uncooperative, hostile and semi-aggressive" after an incident on June 17, 2010, arising from a dispute over Jaedon's clothing during a custody exchange. It is well established that parents begin custody actions on an equal footing, Savvko v. Sawko, 625 A. 2d 692 (Pa. Super. 1993) and that their burden is to establish where the child's best interests lie. The court must now weigh the evidence of mother's anger and determine what effect it has on Jaedon's best interests. Is her anger due solely to, a "concocted" story of child abuse or is it something that runs deeper? No doubt, any parent believing he or she was falsely accused of such behavior would be angry. But, would that anger be directed at a police officer? Would that anger be apparent to friends and acquaintances? Moreover, would such anger be patently obvious to any observer in the courtroom? Can the court ignore the demeanor of mother and -3- 10-0246 CIVIL TERM determine that her anger represented an isolated incident that would have no bearing on her ability to parent Jaedon? On numerous occasions, the court has advised jurors that when judging credibility and truthfulness, one must look beyond mere words and examine the behavior of the witness. Taking its own advice, the court cannot ignore mother's behavior on and off the stand. The intensity of her anger was palpable, and it was not merely directed at father or his counsel. With her arms crossed and her jaw tightly set, she stared out the window throughout the hearing. Significantly, this court must determine not only the credibility of the parties, but also their ability and willingness to communicate and work together for Jaedon's benefit. The court has some apprehension in this respect with father, but mother's blatant display of animosity is cause for far greater concern. The court does not minimize the fact that divorce and custody proceedings inevitably give rise to emotions and often entail anger. Nevertheless, the anger in this case rises above the norm and should be addressed by the parties through counseling. With respect to the allegations that exacerbated the anger, the court believes father may have been overly cautious, but it does not find that this was a cleverly devised ploy on his part. Although the court does not base its findings on the unfounded allegations, it cannot in good conscience disregard the weight of the evidence regarding mother's anger which she starkly demonstrated in court. If mother's anger was indeed not a problem, surely she could have found one person, other than a family member to balance the scales against -4- 10-0246 CIVIL TERM father's numerous credible witnesses. Instead, her demeanor on and off the stand spoke volumes. Although the court finds that it is in Jaedon's best interest to reside primarily with father during the school year and attend school in the Southern Huntingdon County School District, the court also believes that mother is a competent parent and that she should have a substantial amount of time with her son. Accordingly, the court enters the following order: ORDER OF COURT ,17 I-Tr-z AND NOW, this .? day of August, 2010, (1) Mother and father shall enjoy shared legal custody of the child, Jaedon River Brant, born November 6, 2004. (2) Father shall enjoy primary physical custody of the child. (3) Mother shall enjoy partial physical custody of the child as follows: (a) During the school year on alternating weekends from Friday after school until Sunday at 7:00 p.m. If mother is able to transport the child to school on Monday morning, these weekend periods shall be extended until school begins. If the child is off from school on a Friday or Monday, mother's weekends shall be extended to include those days as well. (b) During the summer the parties shall exercise shared physical custody on a week on week off basis, beginning and ending on Sundays at 4:00 p.m. (c) Holidays: (i) Christmas: The Christmas holiday shall be divided into two blocks. Block A shall be from Christmas Eve at noon until -5- 10-0246 CIVIL TERM Christmas Day at noon. Block B shall be from Christmas Day at noon until December 26th at noon. In 2010 and all even numbered years, father shall exercise custody for Block A and mother shall have Block B. In 2011 and all odd numbered years, mother shall have custody for Block A and father shall have custody for Block B. The parties; shall divide the remainder of the Christmas break so that each party shall have the opportunity to spend time with the child equally during their time off from work and/or school. (ii) Thanksgiving: The parties shall alternate Thanksgiving each year with mother exercising custody for Thanksgiving in 2010 and all even numbered years, and father exercising custody from Thanksgiving in 2011 and all odd numbered years. The parties shall divide the remainder of the Thanksgiving break so that each party shall have the opportunity to spend time with the child equally. (iii) Easter: The parties shall alternate Easter each year with mother exercising custody for Easter in 2010 and all even numbered years, and father exercising custody for Easter in 2011 and all odd numbered years. (iv) Mother's Day/Father's Day: Each parent shall exercise custody of the child for the respective holidays of Mother's Day and Father's Day. The time for the holiday shall be from 9:00 a.m. through 7:00 p.m. -6- 10-0246 CIVIL TERM (v) It is anticipated that the child will have a fall break and a spring break from school. Mother shall exercise this time off from school. (vi) All other holidays shall be shared or alternated by agreement of the parties. (d) Transportation shall be shared by the parties as follows: (i) During the school year, mother shall pick the child up from school or at father's residence at the beginning of her custody and father shall pick the child up from mother at 7:00 p.m. on Sundays. (ii) During the summer, the parties shall meet at a location halfway between their residences, such as Path Valley Restaurant in Spring Run, PA. (e) The non-custodial parent shall be permitted to exercise reasonable, liberal telephone contact with the child, and the custodial parent shall not unreasonably withhold telephone contact with the child. (f) The parties shall keep a journal while exercising custody with the child. The journal shall be exchanged when custody of the child is exchanged to keep each parent apprised of the activities of the child. (g) The child shall maintain his counseling with his current therapist. Both parents shall participate in the counseling within the guidelines and parameters set by the therapist. -7- 10-0246 CIVIL TERM (h) Mother is encouraged to enroll in and successfully complete an anger management course. By the Court, CA - ! ?`, be. AlMasland, J. Kara W. Haggerty, Esquire For Thomas Brant Harold S. Irwin, III, Esquire For Nichole Brant saa ?o'D l;E S r,-ra l CL I ?as?rc? -8- i- toft ILED-O t= r i HE ROT ION 3 i T? OM & ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 2012 MAY I I PM 1: 50 THOMAS BRANT, Plaintiff V. NICHOLE BRANT, Defendant CUMBERLAND GOUN `i° PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-246 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Request Entry of Divorce Decree, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Nichole Brant, at Shippensburg, Pennsylvania, addressed as follows: Nichole Brant 45 Carla Drive Shippensburg, PA 17257 Return card acknowledging receipt on May 4, 2012, is attached as Exhibit "A". Date: ABOM & Ku=.4r I3, LLP Z' I Kara W. Haggerty, Es e Attorney I.D. No: 869 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff r I% ¦ Compete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 0 8vanf ?? ppehsbwr5 P,4 1 A. Signature , _ ? Agent n 0 Addm _14 - B. Received by ( Printed Name) C. Dew if W D. IS delivery Address different from item 1? r O Y& If YES, enter delivery address below: 0 No 3. Service ed Mail ?3 Express Mail 0 Registered 641km Receipt for Merch,.fte 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. nArftb hwo Prftmr? 7008 3230 0002 8005 2400 P3 Form 3811, FeWumry 2004 Domestic R.tum RGoraipt 1o2595-o2-M-1540 EXHIBIT `A" v . ift ASOnt & KuruLaKis Kara W. Hagge- , Esquire Attorney I.D. #: F014 2 West High Street Carlisle. PA 1701.3 (717) 249-0400 THOMAS BRANT, Plaintiff V. NICHOLE BRANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-246 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE TO: Nichole Brant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ?3301(d) affidavit. Therefore, on May 20, 2012, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 COUNTYBAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 - ^7 OM 1 j ZT s ULAKIS I _ Kara W. Haggerty, Esquire - r Attomev I.D. #: 86914 CD 2 West 11igh Street ::V' - Carlisle, PA 17013 (717) 249-0900 r ., THOMAS BRANT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-246 CIVIL TERM NICHOLE BRANT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in divorce under 53301(c) of the. Divorce Code was filed on January 7, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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: l ? I t THOMAS BRANT • THOMAS BRANT VS. NICHOLE BRANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-246 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a diuol•ce decree: ' L 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and ?:J . § (3301(d)(1)) of the Divorce Code. _ (Strike out inapplicable section.) 2. Date and manner of service of the complaint: 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff ; by defendant _ (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: Certified mail February 23, 2012 (see attached) _ 4. Related claims pending: 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Certified mail, May 4, 2012 (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: :?,? Attorney for Plaintiff /D ndant / ABOM & U TULAKIS ATToRNEys AT LAW February 22, 2012 VIA CERTIFIED MAIL 7008 3230 0002 8005 2226 Nichole Brant 45 Carla Drive Shippensburg,PA 17257 RE: Thomas Brant v. Nichole Brant In Divorce and Custody Our File No.: 10-005 OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Dear Ms. Brant: Enclosed please find a Counter-Affidavit under Section 3301(d) of the Divorce Code for your signature to finalize the divorce in the above matter. Please sign and return to me in the enclosed, self-addressed stamped envelope I have provided. If you fail to return the document, a divorce decree may be entered without your consent. Should you have any questions, please contact my office. Very truly yours, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty (Domestic Mail C Fordelivery inform. _--?. --f Postage $ :13? Certified Fee U Postmark Return Receipt Fee 1 Here _ (Endorsement Required) i Restricted Delivery Fee (Endorsement Required) i lJ Total Postage & Fees I T1 Reply To: Sent To tV t )lCh Yi / 2 WEST HIGH STREET :13 i' l-rC?--7 f Streei,Ap.No.; ----- --------- ; LISLE, PENNSYLVANIA 17013 or PO Box No. ?--? S (C! " /"t_ /_ r, --------- -----•- - (717) 249-0900 City State, ZIP+4 1')?z- FAX (717) 249-3344 USPS.com® - Track & Confirm Page 1 of 1 English ustomar Service USPS Mobile Usps.-- k Shio a Package Send N=ail _i tlasl Track & Confirm You entered: 70083230000280052228 Status: Delivered Your item was delivered at 4:17 pm on February 23, 2012 in SHIPPENSBURG, PA 17257. Additional information for this item is stored in files offline. You may request that the additional information be retrieved from the archives, and that we send you an email when this retrieval is complete. Requests to retrieve additional information are generally processed within four hours. This information will remain online for 30 days. I would like to receive notification on this request Find Another Item What's your label ;or receipt) number? LEGAL F .a Terms,,' U?cV. F 1A, ON USPS.COM _ -men! Se-vices Sta^rs & Shop> ., 'iue ti. Postage=, incex ON ABOUT.USPS.COM Ab--,ut USF.' k. N, _ rr: , Ca _ Register I Sign In aes OTHER USPS SITES ii https://tools.usps.com/go/TrackConfirmAction.action 6/1/2012 _ ?IrD7 t?0<<r>: K.1TULOM AKIS 2 MA Y I I pP1 I:c? C Kara W. Haggerty, Esquire CUMBERLAND Attorney I.D. #: 86914 COUNT 2 West High Street PENNSYLVANIA Carlisle, PA 17013 (717) 249-0000 THOMAS BRANT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-246 CIVIL TERM NICHOLE BRANT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Request Entry of Divorce Decree, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Nichole Brant, at Shippensburg, Pennsylvania, addressed as follows: Nichole Brant 45 Carla Drive Shippensburg, PA 17257 Return card acknowledging receipt on May 4, 2012, is attached as Exhibit "A". Date: ABom & %uTuraxrs, LLP 1-41 Kara W. Haggerty, Es?}uire Attorney I.D. No: 869%1 _ ll 2 West High Street Carlisle, PA 17 013 (717)249-0900 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. N Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?.? i`GV Id l?f.? ???t f " /& DV- Oe_ vh p pe h,5 b?tf'5 PA A. Signature 1 ? Agent X _ ? Addressee B. Received by ( Printed Name) C. Da of livery 11 it I g';r m ' Mimic- D. Is delivery Mdress different fro m item 1 ? ? Y AS If YES, enter delivery address below: ? No 3. Service T 9-0.-r'fified Mail ess Mail ?0 Ercpr ? Registered / L'tum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number- 7008 3230 0002 8005 2400 (transfer from se PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 Sae EXHIBIT `A" OM & &UTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 THOMAS BR ANT, Plaintiff V. NICHOLE BRANT, Defendant 7 r i` J IN THE COURT OF COMMON PLEAS ` CUMBERLAND COUNTY, PA NO. 10-246 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. f ?A ? Date: f t V THOMAS BRANT C KuTUi.Axis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 THOMAS BRANT, Plaintiff V. NICHOLE BRANT, Defendant AN -I PH 2: 5 ' n Nil S 1 t-?/Pk" I P, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-246 CIVIL TERM IN DIVORCE AND CUSTODY 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. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two 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 understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. X4904 relating to unsworn falsification to authorities. Date: Nichole Brant, Defendant 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 SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF'SERVICE AND NOW, this 7 day of February 2012, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Counter-Affidavit under Section 3301(d) of the Divorce Code by Certified Mail, at the following: Nichole Brant 45 Carla Drive Shippensburg, PA 17257 14 Kara W. Haggerty, Esquire ,ABO M ? LITULAKIS E."prc ? 11??,t kliel ??r?ct '1-11-10N!_-'VS BRANT. Plaintiff V. NICHOLE BRANT., Defendant 3 I Y a .F 1 ..? . :,`-'12 Jll -1 PM 2:15,1 ;Ei i "'iLj PENNSYLVANIA IN TI-IE COURT OF CO\11\1()N ['LEAS CUMBERLAND COUNTY, 1),4 NO. 10-246 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE TO: Nichole Brant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on May 20, 2012, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. "Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 COUNTYBAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 THOMAS BRANT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLE BRANT NO. 10-246 DIVORCE DECREE AND NOW, (?- , AD « , it is ordered and decreed that THOMAS BRANT plaintiff, and NICHOLE BRANT , 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 Prothonotary *hie W of y wra ? lP Q?1'?o