HomeMy WebLinkAbout04-3477
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 3'f77 l2ju~L'-r~
CIVIL ACTION - LAW
CUSTODY
BRENDA K. BROWNEWELL,
Plaintiff
vs.
MARK D. ISENBERG,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is BRENDA K. BROWNEWELL, residing at 61
Partridge Circle, Carlisle, Cumberland County, pennsylvania 17013.
2. The Defendant is Mark D. Isenberg, residing at 752
petersburg Road, Carlisle, Cumberland County, pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
NAME PRESENT ADDRESS
Taylore M. Brownewell 752 Petersburg Rd.
Carlisle, PA 17013
The child was not born out of wedlock.
AGE
4
(dob 1/14/00)
The child is presently in the custody of Defendant who
resides at 752 Petersburg Road, Carlisle, Cumberland County,
Pennsylvania 17013.
Since birth, the child has resided with the following
persons at the following addresses:
PERSON
ADDRESS
Plaintiff & Defendant 216 Hill Street, Mt.
Holly Springs, PA 17065
Plaintiff & Defendant 752 Petersburg Road
Carlisle, PA 17013
Plaintiff
61 Partridge Circle
Carlisle, PA 17013
Defendant
752 Petersburg Road
Carlisle, PA 17013
DATE
Birth -
8/02
8/02 -
8/03
8/03 -
6/1/04
6/1/04 -
Present
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - JLf77 l2iu~L'-r~
CIVIL ACTION - LAW
CUSTODY
BRENDA K. BROWNEWELL,
Plaintiff
vs.
MARK D. ISENBERG,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is BRENDA K. BROWNEWELL, residing at 61
Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Mark D. Isenberg, residing at 752
Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
NAME PRESENT ADDRESS
Taylore M. Brownewell 752 Petersburg Rd.
Carlisle, PA 17013
The child was not born out of wedlock.
AGE
4
(dob 1/14/00)
The child is presently in the custody of Defendant who
resides at 752 Petersburg Road, Carlisle, Cumberland County,
Pennsylvania 17013.
Since birth, the child has resided with the following
persons at the following addresses:
PERSON
ADDRESS
Plaintiff & Defendant 216 Hill Street, Mt.
Holly Springs, PA 17065
Plaintiff & Defendant 752 Petersburg Road
Carlisle, PA 17013
Plaintiff
61 Partridge Circle
Carlisle, PA 17013
Defendant
752 Petersburg Road
Carlisle, PA 17013
DATE
Birth -
S/02
S/02 -
S/03
S/03 -
6/1/04
6/1/04 -
Present
The mother of the child, Plaintiff Brenda K. Brownewell,
is currently residing at 61 partridge Circle, Carlisle, Cumberland
County, Pennsylvania 17013. She is married to Defendant.
The father of the child, Defendant Mark D. Isenberg, is
currently residing at 752 Petersburg Road, Carlisle, Cumberland
County, Pennsylvania 17013. He is married to Plaintiff.
4. The relationship of Plaintiff to the child is that of
mother. The Plaintiff currently resides with her mother and other
daughter Amber A-M Brownewell.
5. The relationship of Defendant to the child is that of
father. The Defendant currently resides with his mother and the
subject child.
6. 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 another court.
Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
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 said child.
7. The best interests and permanent welfare of the subject
child will be served by granting Plaintiff primary physical custody
of her because she has been and is the more nurturing parent during
the child's life, can better provide for her needs and is better
able than Defendant not to put their child in the middle of
disagreements between them.
8. Each parent whose parental rights to the children has
not been terminated and the persons who have physical custody of the
children has been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant her custody
of the children the subject hereof.
DATED:
6-29-04
Respectfully Submitted:
~~(i(
HERSCHEL LOCK, ESQUIRE
ATTORNEY FOR PLAINTIFF
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
VBRIFICATIO~
I verify that the statements made ~n the foregoing
are
true and correct. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
DATED:
6-29-04
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jBRENDA K.' B~~ELL
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BRENDA K, BROWNEWELL
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
04-3477 CIVIL ACTION LAW
MARK D. ISENBERG
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, July 22, 2004
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, AUl(ust 18, 2004 at 8:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
The conrt 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 hearinl(.
FOR THE COURT,
By: Isl
Dawn S. Sunday. Fsq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of I990. 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 P MER 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
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MARK D. ISENBERG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
BRENDA BROWNEWELL, 04-3332 CIVIL TERM
Defendant IN CUSTODY
*****************************************
BRENDA BROWNEWELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARK D. ISENBERG,
Defendant
CIVIL ACTION - LAW
04-3477 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of April, 2005, upon
consideration of the complaints for custody filed by the parties
with respect to their child, Taylore L. Brownewell (date of birth
January 14, 2000), and following an initial period of hearing held
on this date at which Dr. Arnold T. Shienvold, custody evaluator
and psychologist, completed his testimony and his report was
admitted into evidence, and at which both parties testified briefly
without prejudice to the right to be recalled and subjected to
further direct and cross-examination, it is ordered and directed
pending further order of court as follows:
1. Legal custody of the child shall be shared by the
parties;
2. Physical custody of the child shall be shared by
the parties with the mother having the child on Monday and Tuesday
with overnights, and the father having the child on Wednesday and
Thursday with overnights, and the parties alternating weekends;
3. The child shall be enrolled in the South Middleton
School District;
4. Nothing herein is intended to preclude the parties
from deviating from the terms of this order by mutual agreement;
5. After December 25, 2005, the Court will entertain
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upon motion by either party a request to modify the terms of this
order based upon circumstances as they exist at that time; and
6. Further hearing in these matters is scheduled for
Wednesday, July 27, 2005, at 9:30 a.m., and Thursday July 28, 2005,
at 9:30 a.m.
Neither party has requested that the notes of
testimony from today's hearing be transcribed.
By the Court,
~ia P. Cognetti, Esquire
210 Grandview Avenue
Ste. 102
Camp Hill, PA 17011
For Mark D. Isenberg
~rschel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
For Brenda Brownewell
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04 -I'd- -05
MARK D. ISENBERG,
Plaintiff
v.
BRENDA BROWNEWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
04-3332 CIVIL TERM
IN CUSTODY
*****************************************
BRENDA BROWNEWELL,
Plaintiff
v.
MARK D. ISENBERG,
Defendant
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
04-3477 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of April, 2005, the action at
No. 04-3477 Civil Term is hereby consolidated with the action at
No. 04-3332 Civil Term, for purposes of the hearing being held on
this and subsequent dates, the Plaintiff shall continue to be
designated as Mark D. Isenberg on the exhibits, and the issues
raised in both parties' complaints for primary custody will be
deemed encompassed by the hearing.
~ria P. Cognetti, Esquire
210 Grandview Avenue
Ste. 102
Camp Hill, PA 17011
For Mark D. Isenberg
~schel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
For Brenda Brownewell
pcb
By the Court,
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Wesley 0
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MARK D. ISENBERG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
v.
BRENDA BROWNEWELL,
Defendant
CIVIL ACTION - LAW
04-3332 CIVIL TERM
IN CUSTODY
*****************************************
BRENDA BROWNEWELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF?
CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARK D. ISENBERG,
Defendant
CIVIL ACTION - LAW
04-3477 CIVIL TERM
IN CUSTODY
PARTIAL TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE J. WESLEY OLER, JR., J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
On April 7, 2005,
In Courtroom Number 1.
APPEARANCES:
Maria P. Cognetti, Esquire
For Mark D. Isenberg
Herschel Lock, Esquire
For Brenda Brownewell
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MARK D. ISENBERG,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. COGNETTI:
Q Sir, I have three questions for you this afternoon.
Would you state your name, please?
Mark Daniel Isenberg.
You are probably going to have to stay close to the
that she doesn't lose the beginning of every sentence,
A
Q
mike so
okay?
A
Q
A
Q
Okay.
Mark, you go by Danny, is that correct?
That is correct.
Danny, could you tell the Court what kind of parent
you think you are for Taylore?
A I think I am a very good parent for Taylore. I
think that she needs to have strong values instilled in her
while she is young. She needs to have a stable environment.
I don't think she should be moved around. And I
feel that I can do that for her.
Sorry, could you get closer to the mike.
MR. LOCK:
BY MS. COGNETTI:
Q Why do you feel that you are the better primary
custodial parent?
A Well, as I said, I feel that there is things that
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should be taught to a child when they are young so that they
grow up -- as they grow, it is built into their nature and it
becomes routine, habit. And it is no longer hard to force them
to do something then too, you know, if it is instilled in them
when they are young.
Q Why are you the better person?
A Well, I feel that Brenda was late on correcting
Amber, disciplining her for her grades, leaving her off of
punishment early before she brought her grades up, and some
other things, basically.
MS. COGNETTI: Cross.
CROSS-EXAMINATION
BY MR. LOCK:
Q Mr. Isenberg, let me ask you a couple of questions.
I believe you indicated you think you are a good parent?
A Yes, I do.
Q Do you believe your wife is a good parent?
A I believe she loves her child dearly, yes.
Q Strong values, you believe in them from what you
correct?
said,
A Yes.
Q Do you believe she does, she, Brenda?
A Yes.
Q You said you wanted to be the primary custodial
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parent so you could teach the child certain things while she is
young. What sort of things are you referring to?
A Things, a routine, habits, homework, school comes
before play. If she doesn't do good in school, there is
consequences that she is going to suffer. If she suffers those
consequences, they will be the full consequence until they do
not -- until she does bring her grades up. About going to
school on time, not being late.
Q Well, Taylore isn't in school yet, is she?
A Yes, she is.
Q Where is she?
A She is at the Church of the Brother, she goes to
day school for two days a week now.
Q She is not in public school, is she?
A No, sir.
MR. LOCK: I have nothing, Your Honor.
THE COURT: Okay. Ms. Cognetti, anything further
18 of this witness?
19 MS. COGNETTI: No, Your Honor. Do you care to ask
20 the witness any questions?
21 THE COURT: No, I don't believe so. Thank you, you
22 may step down.
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1 BRENDA K. BROWNEWELL,
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MR. LOCK:
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Brenda, would you give the Court your full name?
Brenda K. Brownewell.
You are the Defendant in the action that was
Q
A
Q
brought today to No. 04-3332,
A That is correct.
Q As far as your daughter, Taylore, would you tell
correct?
Judge Oler what kind of parent you think you are for the child?
A I think I am a good parent. I have been very
involved with Taylore. I feel I am the nuturing parent, I have
been since the day she was born. There was scheduling for her.
The bad times, the play times, the activity times, the holiday
things with people, with family, I kept that close connection.
I was very involved with Taylore. Taylore and I are very
close, and we have a very good relationship.
Q Why do you feel you are the better custodial parent
to Taylore than Mr. Isenberg?
I have been the nuturing parent for Taylore.
A
I can
keep separate my personal -- my relationship with Mark Starner,
and my relationship with Mark Isenberg and my work separate
from the needs of Taylore. I can give her, just as any other
mother, a good mother can give the proper care. I take good
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care of her and I am there for her.
Q You said that you were the primary nurturing
parent. What do you mean by that?
A Knowing the needs of Taylore, knowing what she
needs and how she needs to be taken care of and what is
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important for her as a child to grow.
MR. LOCK: That would be all, Your Honor.
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THE COURT: Ms. Cognetti?
CROSS-EXAMINATION
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BY MS. COGNETTI:
Q Can I call you Brenda?
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Yes.
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Q
Brenda, you said we have a good relationship,
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meanlng you and Tay1ore,
correct?
A Yes.
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Do you acknowledge that she has a really good
Q
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A
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A
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her dad?
A
Q
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1 question that -- I was trying to keep up so I think I did --
2 that you could give her proper care?
3 A Yes.
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And that I think you said I am there for her?
Q
A Correct.
Q Would you agree either from what you see or from
what you have heard from Dr. Shienvo1d that in the last six to
nlne months that Danny has also given her proper care?
A Yes.
Q And that he has been there for her as well as you
have?
A
Yes.
MS. COGNETTI: That is all I have, Your Honor.
THE COURT: Okay, Mr. Lock, anything further of
15 this witness?
16 MR. LOCK: No, Your Honor, thank you.
17 THE COURT: You may step down, thank you.
18 Mr. Lock, did you want to move for admission of Dr. Shienvold's
19 report?
20 MR. LOCK: Yes, I would ask that that be admitted,
21 marked as Defendant's Exhibit 1, please.
22 MS. COGNETTI: No objection, Your Honor.
23 THE COURT: All right. Defendant's Exhibit 1 is
24 admitted. Do counsel wish to make brief closing arguments at
25 this point in the case with the understanding that I would be
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under some sort of temporary order at the conclusion of the
argument?
HR. LOCK:
THE COURT:
HR. LOCK:
I would like to if I may.
All right, go ahead.
Your Honor, I realize this is an interim
step on the prelude to an interim order. I would respectfully
suggest that it is good both parents love the child and the
child loves both parents.
On the other hand, at least all the primary
testimony today that is in Dr. Shienvold's report, there are
anger issues that Hr. Isenberg is facing, which I believe the
totality of Exhibit 1, Dr. Shienvold's report, as well as his
testimony on direct and cross-examination, indicate that not
only exists but it might be incorrect to impact upon the child.
Fortunately, he says it is not lost, the child is doing well.
However, given what he said also and realizing this
is just an interim step, I respectfully suggest it might be
prudent, given the history of this case, to move slowly and
keep an eye on that anger, the impact the anger has on custody,
which isn't to say Mr. Isenberg doesn't love the child and vice
versa, for the protection of the child, given the history of
the case. Thank you.
THE COURT: Hs. Cognetti.
MS. COGNETTI: Thank you, Your Honor.
I am not
sure that I understood Hr. Lock's last reference to protection
8
1 of the child because I don't think we have heard anything
2 today, including mostly what we have heard from Dr. Shienvold,
3 about the child needing protection from either of these
4 parents.
5 I think we have heard a lot, even in their very
6 brief comments, that in spite of their kind of joint anger,
7 mutual anger or individual anger, I think that deep down they
8 both somewhere think highly of each other and know that they
9 are both decent parents.
10 I would focus the Court in the interim on two
11 things. We heard a lot about anger, we heard a lot about Mr.
12 Isenberg being angry, and I guess I keep thinking that if my
13 spouse ended up being engaged to my best friend/boss I probably
14 would be angry. The real test will be how Mr. Isenberg
15 continues to deal with his anger.
16 We heard from Dr. Shienvold that way before that
17 evaluation ever started Mr. Isenberg had put himself in
18 counseling, in this courtroom, in this kind of work, this is a
19 good thing. So we know that there are some steps there, only
20 time will tell, but Mr. Isenberg did that on his own.
21 On the other hand, we have the other competing
22 anger going on that perhaps didn't get quite as much play but
23 Ms. Brown is angry at Mr. Isenberg for taking or keeping her
24 child and now would appear to want to punish him for that by
25 ignoring the clear relationship between he and his daughter and
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1 wanting to take this child away from him in a sense that would
2 appear to be to get back.
3 I think on an interim basis the Court should focus
4 on what is going on right now today, and that would be the
5 status quo, however we got there. I heard three things from
6 Dr. Shienvold, and I made a point of writing them down because
7 I thought they were so key: This child shows no signs of
8 alienation, there are no problems with Taylore -- those were
9 his words -- and Taylore is very well adjusted. To me that
10 says Taylore is doing good in the current situation, and then
lIon an interim basis we should leave it at that.
12 THE COURT: Very good, thank you, we will take a
13 brief recess. I will look at Dr. Shienvold's report and come
14 back into court and I will enter a temporary order.
15 (Recess.)
16 THE COURT: We will enter this order, AND NOW, this
17 7th day of April, 2005, upon consideration of the complaints
18 for custody filed by the parties with respect to their child,
19 Taylore L. Brownewell (date of birth January 14, 2000), and
20 following an initial period of hearing held on this date at
21 which Dr. Arnold T. Shienvold, custody evaluator and
22 psychologist, completed his testimony and his report was
23 admitted into evidence, and at which both parties testified
24 briefly without prejudice to the right to be recalled and
25 subjected to further direct and cross-examination, it is
10
1 ordered and directed pending further order of court as follows:
2 1. Legal custody of the child shall be shared by
3 the parties;
4 2. Physical custody of the child shall be shared
5 by the parties with the mother having the child on Monday and
6 Tuesday with overnights, and the father having the child on
7 Wednesday and Thursday with overnights, and the parties
S alternating weekends;
9 3. The child shall be enrolled in the South
10 Middleton School District;
11 4. Nothing herein is intended to preclude the
12 parties from deviating from the terms of this order by mutual
13 agreement;
14 5. After December 25, 2005, the Court will
15 entertain upon motion by either party a request to modify the
16 terms of this order based upon circumstances as they exist at
17 that time; and
IS 6. Further hearing in these matters is scheduled
19 for Wednesday, July 27, 2005, at 9:30 a.m., and Thursday July
20 2S, 2005, at 9:30 a.m.
21 Neither party has requested the notes of testimony
22 from today's hearing to be transcribed.
23 Court is adjourned.
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CERTIFICATION
I hereby certify that the proceedings are contained
fully and accurately in the notes taken by me on the above
cause and that this is a correct transcript of same.
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patricia C. Barrett
Official Stenographer
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The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
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J Wesley
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