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Home My WebLink About10-2699Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYbVA A ' - r_ d V. -10 : CIVIL ACTION-LAW IN DIVORCE AND CUSTODY ca L John Brougher, III, J Defendant ?C'- ' ? :NO. 10 - a jpQ? CIVIL TERM 4 o Z n 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 right 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 LAWYER, GO TO OR TELE PHONE 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 South Bedford St. Carlisle, PA 17013 (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. 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. f o ? Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN DIVORCE AND CUSTODY John Brougher, III, Defendant :NO. 10 - CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Tracy Brougher, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNTI 1. 2. 3. 4. 5. 6. 7. DIVORCE UNDER TITLE 23 Pa C S H3301(c and (d) OF THE DIVORCE CODE Plaintiff is Tracy Brougher, who currently resides at 154 Big Spring Terrace, Newville, PA, Cumberland County, Pennsylvania, 17241 since 2000. Defendant is John Brougher, III, who currently resides at 13 Ritner Gardens, Shippensburg, PA, Cumberland County, 17257 since January 2010. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on December 5, 2009 in Newville, PA, Cumberland County, Pennsylvania, 17241. Plaintiff and Defendant have lived separate and apart since January 9, 2010. There have been no prior actions for divorce or annulment between the parties. The marriage is irretrievably broken. C 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 counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II CUSTODY 9. Plaintiff repeats and realleges paragraphs 1 through 8. 10. Plaintiff seeks shared legal and physical custody of the following children: Name Present Residence Age Clayton Brougher 154 Big Spring Terrace, Newville, PA/ 7 13 Ritner Gardens, Shippensburg, PA Blake Brougher 154 Big Spring Terrace, Newville, PA/ 5 13 Ritner Gardens, Shippensburg, PA 11. The children are presently in the custody of Tracy Brougher, who resides at 154 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241, and John Brougher, III, who resides at 13 Ritner Gardens, Shippensburg, Cumberland County, Pennsylvania 17257. 12. The children were born when the parties were not married. 13. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Tracy Brougher 154 Big Spring Terrace, Newville, PA 04/05 - 04/10 John Brougher, III 154 Big Spring Terrace, Newville, PA 04/05 - 04/10 14. The mother of the children is Tracy Brougher, currently residing at 154 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. She is married to the father. 15. The father of the children is John Brougher, III, residing at 13 Ritner Gardens, Shippensburg, Cumberland County, Pennsylvania 17257. He is married to the mother. 16. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Relationship 17. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Name Relationship 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 1. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff desires to continue to share in the upbringing, care, and support of the children; b. Plaintiff provides the children with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; C. Plaintiff would like the children to have substantial contact with both their mother and father; d. Plaintiff is willing to accept custody of the children; 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court grant her shared legal custody and shared physical custody of the child, including reasonable periods of physical custody to be determined by the parties. Respectfully submitted, Date k? / Z 3, `ZO/O Andrew Hall Certified Legal Intern ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge 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. Dated: Tr cy ugher Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW o IN DIVORCE AND CUSTODY ; T •s"v ,-?, John Brougher, III, m Defendant NO. 10- 7W CIVIL TERM aM __ PRAECIPE TO PROCEED IN FORMA PAUPERIS W •`? °w TO THE PROTHONOTARY: Kindly allow Tracy Brougher, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respect ly submitted, Andrew Hall Certified Lega Intern g0BEF.ff E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE John Brougher, III, G Defendant : NO. 10-2699 CIVIL TERN; ?- ? tTlz? ?' , zr AFFIDAVIT OF CONSENT 19 - 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April 23, 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 Uk(? `?Ou/ _ ac Brough , Plaintiff Tracy Brougher, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE John Brougher, III, Defendant : NO. 10-2699 CIVIL TE r7l :ice WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER c LL 43301(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. §4904 relating to unsworn falsification to authorities. Date xm:) ^?/f ?`, `? G$l v - Tfac rough , Plaintiff Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE John Brougher, III, : Defendant : NO. 10-2699 CIVIL TERM CzZ> ? AFFIDAVIT OF CONSENT L K t 7) ) 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed April 23, 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. 1 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. Dates-)(5-0 Tracy Brougher, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE John Brougher, III, Defendant : NO. 10-2699 CIVIL TER M WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unsworn falsification to authorities. Date S ??v - 10 TRACY BROUGHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY JOHN BROUGHER, III, --~ Defendant : NO. 10 - Z(o~jq CIVIL TERM ~_ ~ ~ ~r N CUSTODY AGREEMENT E `C' ~~M W THIS AGREEMENT, made this ~ day of v v 5 , 2010, betwee~I'ra~ Brougher, hereinafter Mother, and John Brougher, III, hereinafter Father, concerns the custody of their children: Clayton Brougher, born February 19, 2003; Blake Brougher, born July 17, 2004. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the children. 2. Mother and Father shall share physical custody of the children. 3. Mother and Father shall alternate weeks of custody of the children, beginning every Friday afternoon after the children are released from school. 4. Mother and Father will agree upon drop off and pick up times and locations. 5. Mother and Father will acquire adequate child care and/or babysitters during their respective periods of custody of the children, if necessary. 6. Mother and Father will agree upon which holidays children will spend with each parent. 7. Mother and Father will notify each other of all medical care the children ~~ ,~ .....g •~_ receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 9. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 10. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. T c ougher, Plaintiff n Brougher, III, Defendant ~'-~~--- Andrew Hall Certified Legal Intern Counsel for Plaintiff ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Tracy Brougher :CUMBERLAND COUNTY, PENNSYLVANIA V. John Brougher, III 10-2699 NO. DIVORCE DECREE AND NOW, ~~ , ~a~~ , it is ordered and decreed that Tracy Brougher plaintiff, and John Brougher, III 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 B ourt, Attest: J. Prothonotary Tracy Brougher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTYPENNSYLVANIA t? r-.3 : CIVIL ACTION - LAW V C3 _n . IN DIVORCE r cO John Brougher, III, 70 -moo r" Defendant : NO. 10-2699 CIVIL TERM n 0 ?-71 NOTICE OF ELECTION TO RETAKE FORMER NAME C: Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from bonds of matrimony on September 8, 2010, hereby elects to retake and hereafter use her previous name of Tracy Martin and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. § 704. Date: Tr cy ugher T c? in COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the,. day of 2010, before me, a Notary Public, personally appeared Tracy Brougher, known to me to be the person whose name is subscribed to the within document, and acknowledged that he/she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF,1 have hereunto set my hand and Notarial Seal. NOT LINDA M. CARVER NOTARY PUBttC CARLISLE BORO., CUMBERLAND COUNTY MY COk1MISS10N EXPVRES DEC. 2 , 2010 :?I1.oo Pd A-nY CAS4 (?# .,489[n8