HomeMy WebLinkAbout05-1866MARC B. COCHRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. OS
BRYN ANN COCHRAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. if yuu YYish to defei d against th&
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 grounds for the divorce are indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at:
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. S
BRYN ANN COCHRAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
HIVD fdlJ4':V, CGnieS •i:l'.C , lal, "Famen:-rf nIz, -. B _ an by and throunh his
attorneys, Wix, Wenger & Weidner, and files this Complaint against the Defendant,
averring as follows:
Count I - Divorce Under Section 3301(c) and 3301(d) of the Divorce Code
1. The Plaintiff is Marc B. Cochran, an adult individual who currently
resides at 3 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
Plaintiff has lived at said address since October 2001.
2. Defendant is Bryn Ann Cochran, an adult individual who currently
resides at 3 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
Defendant has lived at said address since October 2001.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for at least six months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on April 8, 2000, in Erie,
Pennsylvania.
5. The Plaintiff and Defendant are both citizens of the United States of
America and are not members of the Armed Forces.
6. There have been no prior actions of divorce or for annulment between
the parties in this or any other jurisdiction.
7. This action is not collusive.
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8. Plaintiff has been advised of the availability of counseling and
understands that he may have the right to request that the Court require the parties to
participate in counseling.
9. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of
nie/orce purOuarA tc Section 33n1 lc! or Section 3301(d) cf the Pennsylvania Divorce
Code of 1990, as amended (the "Divorce Code").
Date:
Date: ?jj8jo
Marc . Cochran
Respectfully submitted,
WIX, WENGER
By:
WEIDNER
I.D.#89277
d Street
P.O. Box 845
Harrisburg, PA 1''108-0845
(717) 234-4182
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MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-1866
BRYN ANN COCHRAN, CIVIL ACTION -LAW
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce. I certify that I am authorized to
accept service on behalf of defendant.
Date: 2U
Samuel L. Ande , Esquire
525 North Twelfth Street
Lemoyne, PA 17043
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MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1866
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ? 3301(c) AND 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final divorce decree of divorce without notice.
2. 1 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. 1 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 Waiver 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: 7/6/per
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arc B. ochran, Plaintiff
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MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-1866
BRYN ANN COCHRAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 17, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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.
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:
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MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1866
CIVIL ACTION -- LAW
IN DIVORCE
I consent to the entry of a final divorce decree of divorce without notice.
2. 1 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. 1 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 Waiver 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: /
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ryn n onochAran, Defendant
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MARC B. COCHRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-1866
BRYN ANN COCHRAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 17, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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.
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:
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M?jarc B. Cochran, Plaintiff
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MARITAL SETTLEMENT AGREEMENT n
THIS MARITAL SETTLEMENT AGREEMENT is made as of the. clay of
2005, by and between Bryn Ann Cochran, an adult individual residing at 3
Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Wife"), and Marc
B. Cochran, an adult individual residing at 3 Sunset Drive, Mechanicsburg, Cumberland
County, Pennsylvania (the "Husband").
Recitals
The background of this Agreement is as follows:
R-1. The parties hereto, being Husband and Wife, were lawfully married on April
8, 2000, in Erie, Erie County, Pennsylvania.
R-2. Differences have arisen between Husband and Wife and, as a result, they
live separate and apart from each other (despite residing in the same house) and have
done so continuously since on or about January 22, 2005 (the "Separation Date")
R-3. On or about April 11, 2005, Husband filed a divorce complaint in Cumberland
County, Pennsylvania, which action is docketed to No. 05-1866 Civil Term (the "Divorce
Action").
R-4. There is one child born of the marriage between Husband and Wife, Michael
(born May 3, 2001) (the "Child").
R-5. Husband and Wife desire to settle and determine finally, and for all time,
their mutual property right, support, and other matters related in any way to their marriage.
NOW THEREFORE, in consideration of the mutual promises, covenants, and
undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY
BOUND HEREBY, agree as follows:
Recitals. The Recitals set forth above are incorporated herein by reference as if set
forth in full.
2. Divorce. It is specifically understood and agreed by and between the parties, and
each party does hereby warrant and represent to the other that, as defined in the
Pennsylvania Divorce Code, their marriage is irretrievably broken. Husband filed
the Divorce Action on or about April 11, 2005, and the parties agree to take all legal
steps (including the timely and prompt submission of all documents and the taking
of all action) necessary to assure that a divorce pursuant to Section 3301(c) of the
Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall
be incorporated by reference, but not merged into the Divorce Decree presented to
the Court. Husband and Wife shall at all times hereafter have the right to live
separate and apart from each other and to reside from time to time at such place or
places as they shall respectively deem fit, free from any control, restraint, or other
interference whatsoever by the other. Neither party shall molest the other nor
endeavor to compel the other to cohabit or dwell with him or her by any legal or
other proceedings. The foregoing provision shall not be taken to be an admission
on the part of either Husband or Wife of the lawfulness or unlawfulness of the
causes leading to their living apart.
3. Marital Residence. The parties are the owners, as tenants by the entireties, of
certain real property located at 3 Sunset Drive, Mechanicsburg, Cumberland
County, Pennsylvania (the "Real Property"), on which Real Property the parties had
their marital residence and on which the Husband continues to reside. Wife agrees
to transfer all of her interest in and to the Real Property upon being removed from
the note and mortgage to Guaranty Bank, or its assigns. Husband shall remove
Wife from said obligation by refinancing the mortgage in his name alone within sixty
(60) days of the date this Agreement is last signed by the parties; provided
however, if Husband has taken all reasonable steps necessary to apply for said
refinancing within the said sixty (60) day period and such refinancing has not been
approved, such time period shall be extended for such additional time as is
reasonably necessary to complete such refinancing, but in no event more than an
additional sixty (60) days. Wife shall execute the Quit Claim Deed attached hereto
as Exhibit A transferring to Husband all of her interest in the Real Property at the
time of signing this Agreement. Said Quit Claim Deed shall be held in escrow with
Wife's attorney and shall be released to Husband at the closing at which Husband
removes Wife from the obligation under the said note and mortgage on the Real
Property. Wife agrees to execute any and all forms or documents reasonably
required by Husband, his attorney, or his financial institution to effectuate the
provisions of this paragraph. In the event: 1) Husband is unable to or fails to timely
secure a commitment for such refinancing; or 2) Husband fails to complete such
refinancing and/or completely remove Wife from responsibility for said obligations
within the time period set forth above; or 3) Wife makes any payments on the
mortgage, or for real estate taxes or insurance on the Real Property because of
Husband's failure to do so, Wife may, at her option, demand that the Real Property
be sold at a price to be agreed upon by the parties or, if the parties are unable to
agree, at a price not less than ninety (90%) per cent of the then appraised value of
the Real Property, the proceeds of which shall be applied to satisfy the mortgage
and any other monetary encumbrances, with any remaining net proceeds to be
paid to Husband.
4. Equitable Distribution of Personal Prooertv. Husband and Wife acknowledge that,
except as specifically set forth herein, they have divided all personal property
acquired during the marriage to their mutual satisfaction.
5. Automobiles. Wife shall retain ownership of the 1998 Toyota Rav 4 or its
replacement, and Husband hereby waives any right, title or interest that he may
have in said automobile. Husband shall retain ownership of the 2004 Toyota
4runner, or its replacement, and Wife hereby waives any right, title or interest that
she may have in said automobile. Each parry shall be responsible for all payments
on loans secured by his or her automobile, repairs, insurance and all. other costs
incurred as a result of such ownership.
6. Profit Sharin Retirement and Securities. Husband and Wife each expressly
waive and relinquish any and all right or interest that he or she may have in and to
the other's retirement, 401(k), profit sharing, pension, and other similar employer-
provided plans and incentives.
7. After-Acquired Property. Husband and Wife acknowledge that they have been
living separate and apart since the Separation Date. Each party expressly waives
and relinquishes any right or interest he and she may have in property, real,
personal, or mixed, purchased or otherwise acquired by the other party after the
Separation Date, except as specifically set forth herein.
8. Current Debts. Husband hereby assumes all debts accumulated by the parties,
whether individually or together, during their marriage. Each party hereby
represents and warrants to the other that he or she has incurred no undisclosed
debts or obligations for which the other is responsible, and each party hereby
indemnifies and holds the other party harmless from any and all debts, liabilities,
and obligations, including without limitation, any attorneys fees actually incurred by
the indemnified party, as a result of any other debts or obligations not otherwise
disclosed hereunder.
g. Future Debts. Neither party shall contract or incur any debt or liability for which the
other party or his or her property or estate might be responsible, and shall
indemnify and save harmless the other party from any and all claims or demands,
including attorneys' fees and costs, made against him or her by reason of debts or
obligations incurred by such parry.
10. Taxes. Husband and wife will file separate tax returns for 2005 and future years.
Husband shall be entitled to claim the Child as his dependent on all tax returns filed
for 2005 The parties are each responsible for their own federal,
state, and local t s due for 2005 and future years. Simultaneously with the
execution of this Agreement, the parties will execute Internal Revenue Service
Form 8332 to effectuate this paragraph.
11. Indemnification. Each parry hereby expressly agrees to indemnify and hold
harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, that may arise in connection with any obligation, joint or otherwise,
for which the party has agreed hereunder to bear sole responsibility, or which the
party has failed to disclose and provide for herein.
12. Disclosure. Each party asserts that he or she has made full and complete
disclosure of all of the real and personal property of whatsoever nature and
wherever located belonging in any way to either of them, of all debts and
encumbrances incurred in any matter whatsoever by each of them, of all sources
and amounts of income and retirement savings received or receivable by each
party, and of every other fact relating in any way to the subject matter of this
Agreement. These disclosures are part of the consideration made by each party for
entering into this Agreement. The parties confirm that each has relied upon the
substantial accuracy if the financial disclosure of the other, as an inducement to the
execution of this Agreement.
13. Child Custody. Husband and Wife have reached agreement concerning the
custody of the Child, which agreement is set forth in a Child Custody Agreement
attached hereto as Exhibit B and incorporated herein by reference as if set forth in
full.
14. Other Writings. Each of the parties hereto agrees to execute any and all
documents, deeds, bills of sale or other writings necessary to carry out the intent of
this Agreement or any part thereof, without undue delay or objection.
15. Counsel Fees. Each party agrees to pay his or her own attorney fees and other
costs associated with the subject matter of this Agreement, including, without
limitation, the Divorce Action.
16. Mutual Release. Except as otherwise specifically provided herein, the parties
hereby release and discharge, absolutely and forever, each other from any and all
rights, claims and demands, past, present, or future, specifically, without limitation,
from the following: alimony pendente lite; alimony; spousal support; division of
property; claims or rights of dower and right to live in the marital residence; right to
act as executor or administrator in the other's estate; rights as devisee or legatee in
the Last Will and Testament of the other; any claim or right as beneficiary in any life
insurance policy of the other; and any claim or right in the distributive share or
intestate share of the other parry's estate.
17. Entire Agreement/Amendment. This Agreement constitutes the entire
understanding between the parties, and there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those herein contained. This Agreement may be amended by the parties only
by a written instrument signed by both parties hereto.
18. Nonwaiver of Performance. This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
19. Invalidi . If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other
respects, this Agreement shall be valid and continue in full force, effect and
operation as if such provision had not been initially included. The failure of any
party to meet her or his obligations under any one or more of the provisions herein,
with the exception of the satisfaction of the conditions precedent, if any, shall in no
way avoid or alter the remaining obligations of the parties.
20. Breach. If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for such breach at law or in equity
to enforce any rights and remedies which the party may have, and the parry
breaching this Agreement shall be responsible for legal fees and costs incurred by
the other in enforcing his or her rights under this Agreement.
21. Governing Law. This Agreement shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
22. Successors in Interest. Except as otherwise provided herein, this Agreement shall
be binding upon and inure to the benefit of the parties hereto, their respective heirs,
executors, administrators, successors or assigns.
23. Legal Effect. The provisions of this Agreement are intended to effect a
legally binding property settlement between the parties. Husband has been
represented by Wix, Wenger & Weidner and Jeffrey C. Clark, Esquire. Wife
has been represented by Samuel L. Andes, Esquire. Each party
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acknowledges that he or she each has read this Agreement, has been
afforded sufficient time to discuss this Agreement and all financial and other
information related to this Agreement with counsel, fully understands the
facts, and has been fully informed as to his or her legal rights and obligations
by counsel, and each party acknowledges and accepts that this Agreement is
fair and equitable, that it is being entered into freely and voluntarily and that
this Agreement and the execution of it is not the result of any duress, undue
influence or collusion.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
WITNESS: WIFE:
1 '0 Ozi6s)
ryn 4Achran
HUSBAND:
(Y
Marc B. Cochran
COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF 0JJMjM_Lj,pLAjd : SS.
On this, theay of 2005, before me, a Notary Public, the
undersigned officer, personally app ared Bryn Ann Cochran, known to me (or satisfactorily
proven) to be the person whose name is signed to the foregoing instrument and
acknowledged that she executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
h" J- I rVn
Notary P is
My Commission Expires:
(SEAL)
NoTNA WAL
AMY M. HA 04 NOTARY PUBLIC
LEMOYNE 8080., CU1WO
MY COMMOSM E%FIREH FEB. 2110,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ILk SS.
=4?h :
On this, the ?A ?) day of - II -, 2005, before me, a Notary Public, the
undersigned officer, personally appeared Marc B. Cochran, known to me (or satisfactorily
proven) to be the person whose name is signed to the foregoing instrument and
acknowledged that he executed the same for the purposes therein expressed.
My Commission Expires:
(SEAL)
NOTARIAL SEAL
Lisa M Sites, Notary Public
City of Harrisburg, Dauphin County
My COMMISSiDD expires April 26, 2009
IN WITNESS WHEREOF, I have hereunto et my hand and notarial seal.
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C
tary Public
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QUIT CLAIM DEED
This Quit Claim Deed is made as of the day of in the year two
thousand five (2005)
BETWEEN
BRYN ANN COCHRAN, an adult individual, party of the first part, Grantor
and
MARC B. COCHRAN, an adult individual, party of the second part,
Grantee
WITNESSETH, the Grantor, in consideration of the sum of One and 00/100 ($1.00)
Dollar, receipt whereof is hereby acknowledged, the said Grantor does hereby release
and quit claim to the said Grantee, all of Grantor's rights and interest in and to
ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southwest side of a public road known as T-597, at the
corner of land now or formerly of Barbara Hersh; thence along the southwest side of
said public road South 41 degrees 46 minutes East 194.1 feet to a point; thence along
the same and along the southwest side of public road known as T-596, South 29
degrees 05 minutes 30 seconds East 81.44 feet to a point; thence on a curve to the
right having a radius of 50 feet an arc distance of 72.369 feet to a point; thence along
land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 53
degrees 50 minutes 15 seconds West 81.29 feet to a point; thence along land of same
on a curve to the right having a radius of 179.18 feet an arc distance of 248.87 feet to a
point; thence along land now of formerly of Max L. Miller and Joyce R. Miller North 63
degrees 27 minutes East 168.09 feet to a point; thence along land of same North 22
degrees 13 minutes West 258.1 feet to a point; thence along land now or formerly of
Barbara Hersh, first mentioned above, due East 87.04 feet to a point on the southwest
side of public road known as T-597 the place of BEGINNING.
BEING Lot No. 32 as shown in the subdivision Plan of White Birch Farms Development,
indicated as Tract No. 1, Lot No. 32, as recorded in the Cumberland County Recorder's
Office in Plan Book 24, page 114.
BEING the same premises which R. Thomas Kline, Sheriff of the County of
Cumberland, Pennsylvania, by deed dated May 10, 2001, and recorded in the
Cumberland County Recorder of Deeds Office in Record Book 244, page 497, granted
and conveyed unto the Chase Manhattan Bank, as Trustee, the Grantor herein
UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of
public utility and public service companies, existing restrictions and easements, visible
or of record, to the extent that any persons or entities have acquired legal rights thereto.
Bryn Ann Cochran is executing this quit claim deed to release and quitclaim any and all
right, title and interest she may have in and to the premises, but shall not otherwise
have obligation or liability hereunder.
This transfer is between husband and wife or between parties who were husband and
wife who have since been divorced and is therefore exempt from transfer taxes
pursuant to 72 P.S. §8102-C.3(6).
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day
and year first above written.
SEALED AND DELIVERED IN THE PRESENCE OF
Bryn Ann Cochran
Commonwealth of Pennsylvania
County of Dauphin
: SS,:
On this, the day of 2005, before me, a Notary Public,
the undersigned officer, personally appeared Bryn Ann Cochran, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within deed and
acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof, i hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
I Hereby Certify that the precise residence of the Grantee is as follows: 3
Sunset Drive, Mechanicsburg, Pennsylvania 17050.
Commonwealth of Pennsylvania
County of Dauphin
Attorney for Grantee
SS.:
Recorded on this - day of , 2005, in the
Cumberland County Recorder of Deeds Office in Record/Deed Book , Volume
, Page .
Given under my hand and the seal of the said Office the date above
written.
Cumberland County Recorder of
Deeds
CHILD CUSTODY AGREEMENT
THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of
the 3C1r` day of , u e 2005, by and between Bryn Ann Cochran (the
"Mother") and Marc B. Cochran (the "Father"). Mother and Father are the parents of
a minor child, Michael (born May 3, 2001 - age 3) (the "Child"). Mother and Father
hereby agree to the following parenting plan for the custody of the said Child.
1. The parties shall have joint legal custody, as defined in 23 Pa.C.S. § 5302, of the
minor Child; legal custody being defined as the legal right to make major
decisions affecting the upbringing of the Child, including but not limited to
medical, religious and educational decisions. The parties agree to discuss and
consult with one another on these decisions with a view to adopting a
harmonious policy calculated to promoting the Child's best interests. Both
parties shall have the right to share in major parenting decisions affecting the
health, education, welfare and religious activities of the Child.
2. The parties shall share physical custody in accordance with the following
schedule:
a. During Week 1, Mother shall have custody of the Child for four nights as
the parties may reasonably agree. Father shall have custody of the Child
the remaining three nights.
b. During Week 2, Father shall have custody of the Child for four nights as
the parties may reasonably agree. Mother shall have custody of the Child
the remaining three nights.
C. The schedule will then repeat, starting again with Week 1.
d. The times of exchange shall be as the parties may reasonably agree.
3. Notwithstanding the above, the following shall also apply as to the Child:
a. Mother shall have the Child every Mother's Day and on her birthday and
Father shall have the Child every Father's Day and on his birthday.
b. The parties shall alternate the holidays of Easter, Thanksgiving and
Christmas. In 2005 and all odd numbered years, Mother will have Easter
and Thanksgiving with the Child and Father will have Christmas with the
Child. In 2006 and all even numbered years, Mother will have Christmas
with the Child and Father will have Easter and Thanksgiving with the
Child.
4. Each parent shall be entitled to two one-week vacations with the Child. Thirty-
day (30) written notice must be given to the other parry of the intention to take the
vacation time. In the event of a conflict of a selected vacation, the party first
giving notice to the other party shall be entitled to the selected week. In no event
shall either party schedule a vacation if such will interfere with the holiday
schedule set forth in paragraph 3 above.
5. The party responsible for receiving the Child shall provide the transportation.
6. If either party desires to establish a residence more than 30 miles from
Mechanicsburg, Cumberland County, Pennsylvania, that party shall give to the
other party at least ninety days written notice in advance of the proposed move,
in order to give the parties the opportunity to confer, prior to the move, and to
2
establish a mutually satisfactory arrangement. In the event that the parties are
not able to reach an agreement, they agree that the Court of Common Pleas of
Cumberland County, Pennsylvania, shall have jurisdiction over them to fashion
an appropriate order. In no event shall either parry change the residence of the
Child to a location more than 30 miles from Mechanicsburg, Cumberland County,
Pennsylvania, without prior written consent of the other party or an order of
Court.
6. Each parent is entitled to receive information concerning the Child directly from
schools, health care providers, or other relevant sources.
7. Each parent shall encourage the Child to comply with the parenting agreement
and shall attempt to foster in the Child a positive view of the other parent.
Neither party shall alienate nor attempt to alienate the affections of the Child for
the other party nor shall use derogatory language regarding the other parent in
the presence of the Child or in circumstances where it possible the child would
overhear them. Neither party shall permit third parties to alienate or attempt to
alienate the Child's affections for the other parent in the presence of the Child or
circumstances where it is possible for the child to overhear.
8. Each parent shall keep the other parent informed with an address and telephone
number at which the Child will be while in their custody. Each parent shall be
entitled to reasonable telephone contact with the Child while the Child is in the
custody of the other parent and neither parent shall eavesdrop or interfere with
the telephone calls between the parties and Child.
3
The parties shall keep each other informed regarding all babysitters and provide
names, addresses and telephone numbers of all child care providers.
10. The parties may decide different time arrangements other than those provided for
in the Custody Agreement and make decisions for the Child whenever they
mutually agree to do so. Nothing in this Custody Agreement is understood to
limit or restrict the ability of the parties to mutually agree on alternative parenting
arrangements. If for any reason the parties cannot agree, the terms of this
Custody Agreement will be followed.
11. During any period of custody or visitation, the parties shall not possess or use
any controlled substance, nor shall they consume alcoholic beverages to the
point of intoxication, or subject the child to any unlawful activities. The parties
shall use their best efforts to assure that other household members and/or
houseguests comply with this prohibition.
12. The parties further agree to, and do hereby submit to the jurisdiction of the courts
of the Commonwealth of Pennsylvania for purposes of the instant matter, and
that the Commonwealth of Pennsylvania shall be the "home state" of the Child for
all purposes.
13. The parties agree that this Stipulation shall be made an Order of the Court.
4
IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby,
Mother and Father have executed this Custody Agreement as of the day and year first
above written.
WITNESS:
C& - I
MOTHER:
V0
ryn n Cochran
FATHER:
&-C-6,
Marc B. Cochran
5
WITNESS:
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MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1866
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothontary:
Transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint in Divorce: service was accepted
by Defendant's counsel on April 20, 2005. An Acceptance of Service was filed
on April 26, 2005.
3. Date of Execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by plaintiff August 19, 2005; by defendant August 4, 2005.
4. Related claims pending: none.
5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: July 12, 2005.
Date Defendant's Waiver of Notice was filed with the Prothonotary: August 5,
2005.
Respectfully Submitted,
WIX, WENGEf3 & OF.?IDNER
Date: 8124 /o s
By:,
508 Noah Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vi. : NO. 05-1866
BRYN ANN COCHRAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Praecipe to Transmit Record was sent by first
class mail this day to the following:
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
WIX, WENGER & WEIDNER
Date: f/zk1 By: I 1
/Q Holly Pilsitz, Legal Assistant
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
MARC B. COCHRAN.
Plaintiff
No. 05-1866
VERSUS
BRYN ANN COCHRAN,
DECREE IN
DIVORCE
AND NOW, ZOOS, IT IS ORDERED AND
DECREED THAT Marc B. Cochran
, PLAINTIFF,
AND Bryn Ann Cochran DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement dated June 30, 2005, a copy of which is
attached hereto, is incorporated herein by reference, but not merged into
this Decree in Divorce.
BY THE COURT:
Vl/
ATTE D J.
ROTHONOTARY
-VW 7-P?79
MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-1866
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY AGREEMENT
DUE TO ANTICIPATED RELOCATION
1. Petitioner is Bryn Ann Cochran, an adult individual who currently resides at
500 Geneva Drive, Apartment F8, Mechanicsburg, PA 17055 (hereinafter referred to as
"Mother").
2. Respondent is Marc B. Cochran, an adult individual who currently resides at 3
Sunset Drive, Mechanicsburg, PA 17050 (hereinafter referred to as "Father").
3. The parties are the natural parents of a minor child, Michael (born May 3,
2001) (hereinafter referred to as "Child").
4. On June 30, 2005, the parties entered into a custody agreement which was
incorporated into their Marital Settlement Agreement under the above caption.
5. Since that time, the parties have modified the custody agreement. The couple
currently share custody as follows: Mother has Child four nights a week, Wednesday night
through Sunday, and Father has custody three nights a week, Sunday night through
Wednesday.
6. Mother has not participated as a party or witness, or in any other capacity, in
any other litigation regarding the custody of Child in this or any other court.
7. Mother does not know of any person not a party to the proceedings who has
physical custody of Child or claims to have custodial or visitation rights with respect to Child.
2
8. Mother has made a determination that it is in both her and Child's best
interests to relocate approximately 100 miles from their current residence in Mechanicsburg,
Pennsylvania to Loudoun County, Virginia at the end of the 08/09 school year to reside with
Mother's fiance, Khoi Nguyen. Such determination was made by consideration of the
following:
A. This relocation will greatly improve Mother and Child's standard of living. As
a result of the divorce, Mother has struggled financially. She does not receive
child support and she has limited income. Due to these circumstances,
Mother and Child must live in subsidized housing and Mother has safety
concerns for Child and herself. Conversely, upon relocation, Mother and
Child will reside in a comfortable four bedroom, three and a half bath home
owned by Mr. Nguyen, which is located in a safe, family-oriented
neighborhood. This home will provide Child with his own bedroom and
bathroom.
B. Mother is concerned about her current employment. As an employee of Sun
Motor Cars, she is concerned about a lay-off due to the economic down-turn,
particularly in the auto industry. Mother has determined that there are better
employment opportunities for her in the Loudoun County area.
C. Currently, Mother must employ a babysitter to put Child on and off the bus. In
Virginia, Child will attend Mill Run Elementary which is within walking distance
of the home. Additionally, Loudoun County school system is considered one
of the best in the country.
D. Mr. Nguyen will provide stability to Child's life as he has maintained stable
employment as a senior programming manager for AOL since 2000. His
occupation provides substantial financial support while allowing Mr. Nguyen a
3
flexible schedule giving him the ability to aid Mother in the care of Child.
Mother has lived alone as a single parent since the divorce and she will
greatly benefit from the companionship and assistance of Mr. Nguyen.
E. Mother and Father have amicably decided custodial matters in the past and
Mother feels they will continue to do so following relocation.
F. During the school year, Father's custodial time with Child can easily be
continued with minimal driving time required to meet half-way for custody
exchanges on alternating weekends. Father can have expanded weekend
visitation as Father's weekends can be scheduled for weekends in which
Child has off school on Mondays or Fridays, e.g., Veterans Day,
Thanksgiving, Easter vacation, and Teacher In-Service days.
G. Any loss of Father's current custodial time can be compensated for during the
school holiday time periods and during the summer as Mother is agreeable to
Father's custodial time period to include the majority of the summer vacation.
Mother is agreeable to allowing as much custodial time during school breaks
as Father desires, with the only exception being to allow for vacation time for
Mother, Child and Mr. Nguyen.
9. The parties' current custody arrangement as incorporated in the parties'
marital agreement pursuant to their divorce, states that any relocation over thirty (30) miles
from their current locations requires ninety (90) days written notice to the other party in
order to reach a mutually satisfactory arrangement. If an arrangement cannot be reached,
the parties agreed that the Court of Common Pleas of Cumberland County Pennsylvania
shall have jurisdiction over them to fashion an appropriate order. In accordance with the
custody agreement, Mother attempted to reach an amicable resolution with Father which
would allow Mother and Child to relocate while providing ample custodial time for Father.
4
However no such arrangement could be reached.
WHEREFORE, Plaintiff, Bryn Ann Cochran, respectfully requests Your Honorable
Court to modify the existing Custody Agreement as follows:
A. Grant Mother and Father shared legal custody;
B. Grant Mother primary physical custody during the school year, allowing for
liberal custodial time for Father on alternating weekends as well as during
school breaks;
C. Grant Mother permission to relocate to the Loudoun County, Virginia area
with Child;
D. Grant Mother and Father shared physical custody during the summer, with
extensive custodial time for Father during such time, as well as any other
relief the Court may deem proper.
Respectfully submitted:
MCNEES WALLACE & NURICK LLC
By:
Debr
Attorney I No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
Attorneys for Petitioner
Dated: April 14, 2009
5
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand that false statements are
made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to
authorities.
Bryn C hra
Dated: '?? V , 2009
CERTIFICATE OF SERVICE
AND NOW, on this 14th day of April, 2009, 1 hereby certify that I have served a
true and correct copy of the foregoing document by first class mail, postage paid, as
follows:
Jeffrey C. Clark, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
D
eanne M. Barnhart
7 T'-P- "OTARY
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MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-1866
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY AGREEMENT
DUE TO ANTICIPATED RELOCATION
1. Petitioner is Bryn Ann Cochran, an adult individual who currently resides at
500 Geneva Drive, Apartment F8, Mechanicsburg, PA 17055 (hereinafter referred to as
"Mother").
2. Respondent is Marc B. Cochran, an adult individual who currently resides at 3
Sunset Drive, Mechanicsburg, PA 17050 (hereinafter referred to as "Father").
3. The parties are the natural parents of a minor child, Michael (born May 3,
2001) (hereinafter referred to as "Child").
4. On June 30, 2005, the parties entered into a custody agreement which was
incorporated into their Marital Settlement Agreement under the above caption.
5. Since that time, the parties have modified the custody agreement. The couple
currently share custody as follows: Mother has Child four nights a week, Wednesday night
through Sunday, and Father has custody three nights a week, Sunday night through
Wednesday.
6. Mother has not participated as a party or witness, or in any other capacity, in
any other litigation regarding the custody of Child in this or any other court.
7. Mother does not know of any person not a party to the proceedings who has
physical custody of Child or claims to have custodial or visitation rights with respect to Child.
2
8. Mother has made a determination that it is in both her and Child's best
interests to relocate approximately 100 miles from their current residence in Mechanicsburg,
Pennsylvania to Loudoun County, Virginia at the end of the 08/09 school year to reside with
Mother's fiance, Khoi Nguyen. Such determination was made by consideration of the
following:
A. This relocation will greatly improve Mother and Child's standard of living. As
a result of the divorce, Mother has struggled financially. She does not receive
child support and she has limited income. Due to these circumstances,
Mother and Child must live in subsidized housing and Mother has safety
concerns for Child and herself. Conversely, upon relocation, Mother and
Child will reside in a comfortable four bedroom, three and a half bath home
owned by Mr. Nguyen, which is located in a safe, family-oriented
neighborhood. This home will provide Child with his own bedroom and
bathroom.
B. Mother is concerned about her current employment. As an employee of Sun
Motor Cars, she is concerned about a lay-off due to the economic down-turn,
particularly in the auto industry. Mother has determined that there are better
employment opportunities for her in the Loudoun County area.
C. Currently, Mother must employ a babysitter to put Child on and off the bus. In
Virginia, Child will attend Mill Run Elementary which is within walking distance
of the home. Additionally, Loudoun County school system is considered one
of the best in the country.
D. Mr. Nguyen will provide stability to Child's life as he has maintained stable
employment as a senior programming manager for AOL since 2000. His
occupation provides substantial financial support while allowing Mr. Nguyen a
3
flexible schedule giving him the ability to aid Mother in the care of Child.
Mother has lived alone as a single parent since the divorce and she will
greatly benefit from the companionship and assistance of Mr. Nguyen.
E. Mother and Father have amicably decided custodial matters in the past and
Mother feels they will continue to do so following relocation.
F. During the school year, Father's custodial time with Child can easily be
continued with minimal driving time required to meet half-way for custody
exchanges on alternating weekends. Father can have expanded weekend
visitation as Father's weekends can be scheduled for weekends in which
Child has off school on Mondays or Fridays, e.g., Veterans Day,
Thanksgiving, Easter vacation, and Teacher In-Service days.
G. Any loss of Father's current custodial time can be compensated for during the
school holiday time periods and during the summer as Mother is agreeable to
Father's custodial time period to include the majority of the summer vacation.
Mother is agreeable to allowing as much custodial time during school breaks
as Father desires, with the only exception being to allow for vacation time for
Mother, Child and Mr. Nguyen.
9. The parties' current custody arrangement as incorporated in the parties'
marital agreement pursuant to their divorce, states that any relocation over thirty (30) miles
from their current locations requires ninety (90) days written notice to the other party in
order to reach a mutually satisfactory arrangement. If an arrangement cannot be reached,
the parties agreed that the Court of Common Pleas of Cumberland County Pennsylvania
shall have jurisdiction over them to fashion an appropriate order. In accordance with the
custody agreement, Mother attempted to reach an amicable resolution with Father which
would allow Mother and Child to relocate while providing ample custodial time for Father.
4
However no such arrangement could be reached.
WHEREFORE, Plaintiff, Bryn Ann Cochran, respectfully requests Your Honorable
Court to modify the existing Custody Agreement as follows:
A. Grant Mother and Father shared legal custody;
B. Grant Mother primary physical custody during the school year, allowing for
liberal custodial time for Father on alternating weekends as well as during
school breaks;
C. Grant Mother permission to relocate to the Loudoun County, Virginia area
with Child;
D. Grant Mother and Father shared physical custody during the summer, with
extensive custodial time for Father during such time, as well as any other
relief the Court may deem proper.
Respectfully submitted:
MCNEES WALLACE & NURICK LLC
By: -
Debr
Attorney rINo!166378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
Attorneys for Petitioner
Dated: April 14, 2009
5
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand that false statements are
made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to
authorities.
6ift Wil
Bryn C hra
Dated: 411C)/ '2009
CERTIFICATE OF SERVICE
AND NOW, on this 14"' day of April, 2009, I hereby certify that I have served a
true and correct copy of the foregoing document by first class mail, postage paid, as
follows:
Jeffrey C. Clark, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845 -M - ku"
eanne ML..' B
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MARC B. COCHRAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2005-1866 CIVIL ACTION LAW
BRYN ANN COCHRAN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 29, 2009 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
ALE&-;.ter;-,i c
OF THt o,!ARY
20+9 APR 21 2= 13
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t JUN 0 4 2009dr
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
BRYNN ANN COCHRAN, NO.2005-1866
Defendant IN CUSTODY
PRIOR JUDGE: J. Wesley Oler
COURT ORDER
AND NOW, this day of June, 2009, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse
on the 27' day of August, 2009 at 9:30 a.m. continuing until noon, and a second
hearing if necessaryon September 2, 2009, commencing at 1:30 p.m. and continuing
until 4:30 p.m. as necessary. At this hearing, the mother shall be the moving party
and shall proceed initially with testimony. Counsel for the parties shall file with the
Court and opposing counsel a memorandum setting forth the history of custody in
this case, the issues currently before the Court, a summary of each parties position
on these issues, a list of witnesses who will be called to testify on behalf of each party
and a summary of the anticipated testimony of each witness. This memorandum shall
be filed at least ten days prior to the mentioned hearing date.
2. Pending further order of this court, this court's prior order of June 30, 2005, shall
remain in effect.
3. In the event either party desires to have a custody evaluation performed in advance
of the hearing and that party is willing to incur the expenses of the evaluation, the
other must party must cooperate in the evaluation and also insure that the minor child
and any significant others that the evaluator needs to meet with are involved in the
evaluation. If a party proceeds with a custody evaluation at their own expense, they
r ~
may file an appropriate petition with the court at some point requesting that the court
allocate a portion of the expenses against other party.
BY THE COURT,
cc: ebra D. Cantor Esquire
Jeff
rey C. Clark, Esquire
4
FILED-OF UE:
OF ?FIE RRoT-,n'?3oTARY
2009 JUN -9 AM l t : 3 7
CUm&- -- :.! a :TNT'
PENNSY VANEA
MARC B. COCHRAN,
Plaintiff
VS.
BRYNN ANN COCHRAN,
Defendant
PRIOR JUDGE: J. Wesley Oler
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.2005-1866
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE 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:
Michael Cochran, born May 3, 2001.
2. A Conciliation Conference was held on May 29, 2009, with the following individuals
in attendance:
The mother, Brynn Ann Cochran, with her counsel, Debra D. Cantor, Esquire, and
the father, Marc B. Cochran, who appeared with his counsel, Jeffrey C. Clark,
Esquire.
3. This is a relocation case. The parties have been under a custody order since 2001 and
the mother is now relocating to Virginia. She is seeking primary custody during the
school year once she relocates. Father does not agree on the relocation and suggests
that if the mother leaves the child should stay with the father and he should be the
primary custodian. A hearing is necessary and the Conciliator recommends an Order
in the form as attached.
3
Date: (t , 2009 (;??
Hubert X. Gilro , Esquire
Custody Conciliator
Wix, Wenger & Weidner
Jeffrey C. Clark, I.D. # 89277
jclark@wwwpalaw.com
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
MARC B. COCHRAN,
Plaintiff/Respondent
V.
BRYN ANN COCHRAN,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1866
: CIVIL ACTION - CUSTODY
MOTION PURSUANT TO PA.R.C.P. 1915.8
AND NOW comes Plaintiff/Respondent, Marc B. Cochran, by and through his
attorneys, Wix, Wenger & Weidner, and files this Motion stating as follows:
1. The Honorable J. Wesley Oler, Jr., has ruled upon all matters at issue in this
case.
2. Defendant/Petitioner, Bryn Ann Cochran, filed a Petition for Modification of
Custody Agreement Due to Anticipated Relocation on April 15, 2009, seeking
to relocate from Mechanicsburg, Pennsylvania, to Loudoun County, Virginia.
3. A conciliation was held on May 29, 2009, after which the Court issued an
Order scheduling the matter for a hearing on August 27, 2009, and
September 2, 2009 (if necessary).
4. The Order also stated the following in relation to a custody evaluation:
In the event either party desires to have a custody evaluation performed in
advance of the hearing and that party is willing to incur the expenses of the
evaluation, the other party must cooperate in the evaluation and also insure
that the minor child and any significant others that the evaluator needs to
meet with are involved in the evaluation. If a party proceeds with a custody
evaluation at their own expense, they may file an appropriate petition with the
court at some point requesting that the court allocate a portion of the
expenses against the other party.
5. Under Pa.R.C.P. 1915.8, in addition to the Court's authority to order
participation in an evaluation by an expert, "the Court shall consider all
appropriate factors including the following, if applicable: (1) the allocation of
the costs ... attendant to the undertaking of the evaluation and preparation of
the resultant report and court testimony of any appointed expert."
6. Respondent believes that a custody evaluation is appropriate and will aid the
parties in resolving the dispute or, alternatively, will aid the Court in making its
determination.
7. However, although Respondent believes that an evaluation is appropriate, he
is not capable of paying the full costs himself, which would be approximately
$4,000.00 - $6,000.00.
8. Accordingly, Respondent brings this Motion to request that this Court allocate
the costs of the evaluation between the parties prior to retention of an
evaluator with both being responsible for one-half of the costs.
9. Under the circumstances, considering that it is Plaintiff's desire to relocate to
Virginia, it is fair and reasonable to allocate at least one-half of the evaluation
costs to her.
10. Respondent would suggest that either Riegler, Shienvold & Associates or
Interworks should perform the custody evaluation.
11. The concurrence of Petitioner's attorney to this Motion was sought and
denied.
WHEREFORE, Respondent, Marc B. Cochran, respectfully requests that this
Honorable Court enter an Order requiring Petitioner, Bryn A. Cochran, to pay for one-
half of the cost of a custody evaluation.
Respectfully Submitted,
WIX, WENGER & W
Date: By:
Jeffre ar D.#89277
508 N nd Street
P.O. 0 45
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff/Respondent
MARC B. COCHRAN,
Plaintiff/Respondent
V.
BRYN ANN COCHRAN,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1866
: CIVIL ACTION -CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion Pursuant to Pa.R.C.P. 1915.8 was sent by
first class mail, postage prepaid, this day to the following:
Debra D. Cantor, Esquire
McNees Wallace & Nurick, LLC
100 Pine Street
Harrisburg, PA 17101
Attorneys for Defendant/Petitioner
WIX, WENGER & WEIDNER
Date: i By: a I &m3u4mao
Harva Owings Bau man, aralegal
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
F:\jcc\1489 (Cochran, Marc)\15234 (Custody)\Motion Pursuant to PaRCP 1915.8.doc
i rr
?F HE .?
M3
l
MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-1866 CIVIL TERM
IN RE: MOTION PURSUANT TO PA. R.C.P. 1915.8
ORDER OF COURT
AND NOW, this 18`" day of June, 2009, upon consideration of Plaintiff's Motion
Pursuant to Pa. R.C.P. 1915.8, a Rule is hereby issued upon Defendant to show cause
why the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for Thursday, July 16, 2009, at
9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
-"Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
, Debra D. Cantor, Esq.
100 Pine Street
Harrisburg, PA 17101
Attorney for Defendant
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(/ C,
J. ?esley Oler Jr.,
RLE;
OF TH a -"STA Y
2009 JUN 18 P ri 1; 0 9
MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 05-1866 CIVIL TERM
IN RE: MOTION PURSUANT TO PA. R.C.P. 1915.8
ORDER OF COURT
AND NOW, this 25 h day of June, 2009, upon request of Debra D. Cantor, Esq.,
attorney for Defendant, and with no objection from Jeffrey C. Clark, Esq., attorney for
Plaintiff, the hearing in the above matter previously scheduled for July 16, 2009, is
rescheduled to Tuesday, July 28, 2009, at 10:00 a.m., in Courtroom No. 1, Cumberland
County Courthouse, Carlisle, Pennsylvania.
Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorney for Plaintiff
Debra D. Cantor, Esq.
100 Pine Street
Harrisburg, PA 17101
Attorney for Defendant
:rc
BY THE COURT,
aF TNTTnRY
2009 JTA 25 Pill 2: 04
Cep..+', L".. ..
McNEES Wallace & Nurick LLC
By: Debra D. Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
dcantor@mwn.com
Attorneys for Defendant
MARC B. COCHRAN, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-1866
BRYN ANN COCHRAN,
Defendant/Petitioner CIVIL ACTION -CUSTODY
NOTICE TO PLEAD
TO: Marc B. Cochran, Plaintiff, and Jeffrey C. Clark, Esquire, his attorney:
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
McNEES WALLACE & NURICK LLC
By
Debra . ntor
I.D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 (fax)
dcantor _mwn.com
Attorneys for Defendant,
Bryn Ann Cochran
Dated: _7/a 4/0
McNEES Wallace & Nurick LLC
By: Debra D. Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
dcantorOmwn.com
Attorneys for Defendant
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-1866
BRYN ANN COCHRAN,
Defendant/Petitioner CIVIL ACTION -CUSTODY
DEFENDANT'S RESPONSE TO PLAINTIFF'S
MOTION PURSUANT TO PA. R.C.P. 1915.8
AND NOW comes Defendant, Bryn Ann Cochran, by and through her attorneys,
McNees Wallace & Nurick LLC, and files this response to Plaintiffs Motion Pursuant to Pa.
R.C.P. 1915.8, and in support avers as follows:
1. Admitted.
2. Admitted.
3. Admitted. By way of further answer, at the conciliation conference it was
discussed that Defendant would cooperate in a custody evaluation but did not have the
funds necessary to pay for such evaluation. This message was also conveyed between
counsel prior to the conciliation.
4. Admitted. By way of further answer, at no time has Plaintiff sought to
proceed with a custody evaluation and instead chose to file this Motion seeking the division
of the expense prior to the initiation of any evaluation. Defendant believes such action was
done in an attempt to delay the hearing.
5. Denied, as no responsive pleading is needed.
6. Denied. After reasonable investigation Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments set forth in this
paragraph, and, therefore, the averments are denied.
7. Denied. After reasonable investigation Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments set forth in this
paragraph, and, therefore, the averments are denied.
8. Denied. After reasonable investigation Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments set forth in this
paragraph, and, therefore, the averments are denied.
9. Denied. Defendant does not have the means necessary to pay for an
evaluation and counsel was advised of such prior to the conciliation conference. She
currently earns $12.00/hour, and resides in subsidized housing. Since the parties'
separation, Plaintiff has not paid any child support, thus contributing to the poor economic
circumstances of Defendant.
10. Denied.
11. Admitted.
WHEREFORE, Defendant, Bryn Ann Cochran, requests that this Honorable Court
deny Plaintiffs Motion.
NEW MATTER
12. Paragraphs 1-11, above, are incorporated herein as set forth at length.
13. Defendant stands ready to cooperate with a custody evaluation but does not
have the financial means to pay such an expense.
14. Defendant will not agree to a continuance of the custody trial set for
August 27 and September 2, 2009.
15. Under Pa. R.C.P. 1915.4 and Plowman v. Plowman, Defendant is entitled to
a prompt hearing of this case.
16. Should this Court enter an order authorizing the custody evaluation, the trial
should still be held, thus allowing the Court to make a preliminary determination on custody.
WHEREFORE, Defendant, Bryn Ann Cochran, requests that this Honorable Court
deny Plaintiffs Motion.
McNEES WALLACE & NURICK LLC
By
De antor
I.D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 (fax)
dcantor ,mwn.com
Attorneys for Defendant,
Bryn Ann Cochran
Dated: -71A 10 1
Jul,22. 2009 11:42AM Sun Motorcars
No-9018 P. 2/2
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Sryn A. c n
Dated: JAzpp 9
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served via first class U.S. mail, postage pre-paid, upon the
following:
Jeffrey C. Clark, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-084
J nne M. Barnhart, Legal Secretary
Dated: 1/'?f/oq
P G-
OF THE F-'` t O ARY
2009 JUL 24 AM 1 ! : 04
/ t? r
Wix, Wenger & Weidner
Jeffrey C. Clark, I.D. # 89277
jclark@wwwpalaw.com
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
MARC B. COCHRAN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRYN ANN COCHRAN,
Defendant/Petitioner
NO. 05-1866
CIVIL ACTION - CUSTODY
PRAECIPE TO WITHDRAW MOTION
To the Prothonotary:
Please mark the Motion Pursuant to Pa.R.C.P. 1915.8, filed June 16, 2009, as
withdrawn.
Respectfully Submi ted,
NER
WIX, WEN V5.
Date: By.
Jeffrey C #89277
508 Nortreet
P.O. Bo Harrisburg, PA 1
7108-0845
(717) 234-4182
Attorneys for Plaintiff/Respondent
MARC B. COCHRAN,
Plaintiff/Respondent
V.
BRYN ANN COCHRAN,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-1866
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion Pursuant to Pa.R.C.P. 1915.8 was sent by
first class mail, postage prepaid, this day to the following:
Debra D. Cantor, Esquire
McNees Wallace & Nurick, LLC
100 Pine Street
Harrisburg, PA 17101
Attorneys for Defendant/Petitioner
WIX, WENGER & WEIDNER
n
Date:C U9 By:
Harva Owings Baughman, Paralegal
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
F:\jcc\1489 (Cochran, Marc)\15234 (Custody)\Praecipe to Withdraw Motion Pursuant to PaRCP 1915.8.doc
OF THE
)TARY
M9 JUL 28 AM 8: 32
CJ,v Y
FL, C ?: ?- r
MARC B. COCHRAN,
Plaintiff
V.
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 05-1866 CIVIL TERM
IN RE: MOTION PURSUANT TO PA. R.C.P. 1915.8
ORDER OF COURT
AND NOW, this 27th day of July, 2009, upon consideration of the attached letter
from Jeffrey C. Clark, Esq., attorney for Plaintiff, the hearing scheduled for July 28,
2009, is cancelled.
?Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorney for Plaintiff
./ Debra D. Cantor, Esq.
100 Pine Street
Harrisburg, PA 17101
Attorney for Defendant
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C 17 1-G.3 rn?t
BY THE COURT,
.
4OlJr.,
W
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?S ?? 1?r? ?? ?;?;' 6?O1
??i?it?, ,. , ? -???ia;i ?!-?. ?C
?.,_-,,
JUL-27-2009 11:32AM FROM-
RICHARD H. WIX
STEVEN C WILDS
THERESA L. SHADE WIX'
DAVID R. GETZ
STEPHEN j DZLJRANlN
JEFFREY C. CLARA
PETER G HCWLAND
Nw M yn= W' i," mean. Lar
WIX, WENGER & WEIDNER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
508 NORTH SECOND STREET
POST OFFICE BOX 845
HARRISBURG, PENNSYLVANIA 17108-0845
(717) 234-1182
FAX (717) 234.4224
www.wwwpaiaw,com
July 27, 2009
The Honorable J. Wesley filer, Jr. Via Fax Transmittal
Cumberland County Courthouse (797) 240-6462
1 Courthouse Square
Carlisle, PA 17013
RE: Marc B, Cochran v. Bryn Ann Cochran
Docket No. 05-1866
Our File No,: 1489 - 15234
Your Honor:
T-606 P.002/004 F-421
THOMAS G„ WENGER
DEAN A. WEIDNER
ROBERT C, SPITZER
Of Counecl
Subumn 01%0:
4705 DUKE STRUT
HARRISBURG, PA 17100-3041
(717)652.5455
Our client has determined to withdraw the Motion Pursuant to Pa.R.C.P. 1915.8
filed on June 16, 2009. Accordingly, please cancel the hearing scheduled for tomorrow,
July 281", at 10:00 a.m. I have discussed the matter with Debra D, Cantor, Esquire,
attorney for Bryn Cochran, and she does not oppose the withdrawal of the Motion or
cancellation of the hearing.
Please find enclosed 2 copy of a Praecipe, which we are mailing for filing today.
Sincerely,
W ix,
By:
JeffreN
JCC/hjob
Enclosure
cc: Debra D_ Canter, Esquire (via fax)
Mr. Marc Cochran
idner
JUL-27:2009 11:32AM FROM-
T-606 P.003/004 F-421
Wix, Wenger & Weidner
Jeffrey C. Clark, I.D. # 89277
jclark@wwwpalaw.com
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-1866
BRYN ANN COCHRAN, ;
Defendant/Petitioner CIVIL ACTION - CUSTODY
PRAECIPE TO WITHDRAW MOTION
To the Prothonotary:
Please mark the Motion Pursuant to Pa.R.C.P. 199 5.8, filed June 16, 2009, as
withdrawn.
Date: '-] 12) I 1
Respectfully Submi ted,
WIX, WENQ , ?IDNER
Jeffrey C ar I_D. #89277
508 Nort o d Street
P.O. Box 5
Harrisburg, PA 1,7108-0845
(717) 234-4182
Attorneys for Plaintiff/Respondent
MARC B. COCHRAN,
Plaintiff
v
BRYN ANN COCHRAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005-1866 CIVIL TERM
IN CUSTODY
IN RE: RECORD TO REMAIN OPEN
ORDER OF COURT
AND NOW, this 27th day of August, 2009, upon
consideration of Defendant's Petition for Modification of Custody
Agreement Due to Anticipated Relocation, and following an initial
period of hearing, which has not yet been completed, the record
shall remain open, and an additional period of hearing, as
previously scheduled, shall be held on September 2, 2009,
commencing at 1:30 p.m.
It is noted that at the time of adjournment on
today's date Plaintiff's counsel was subjecting Defendant to
Cross Examination, and that Petitioner's (that is Defendant's)
Exhibits 1 through 9 had been identified and admitted. No other
exhibits had been identified or admitted.
It is noted further that Plaintiff's counsel has
requested that the stenographer transcribe and file the notes of
testimony from today's proceeding. Defendant's counsel has not
requested a copy of the notes of testimony.
By the Court,
Aeffrey C. Clark, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
For Plaintiff
/ebra D. Cantor, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
For Defendant
mae
RL ED -,)1' FICF
OF TNF PF"= T ` .. NOTARY
2009 AUG 28 Ph 2: 0
f" I "tom jd i
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
2005-1866 CIVIL TERM
BRYN ANN COCHRAN,
Defendant IN CUSTODY
IN RE: RECORD DECLARED CLOSED
ORDER OF COURT
AND NOW, this 2nd day of September, 2009, upon
consideration of Defendant's Petition for Modification of Custody
Agreement due to Anticipated Relocation, and following a second
period of hearing, the record is declared closed, and the matter
is taken under advisement.
Jeffrey C. Clark Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
F9r Plaintiff
.//Debra D. Cantor, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
For Defendant
:mae
(2, 1 ( ,
t LC
9/1
By the Court,
^ JJ.
J. Wesley Olk Jr J.
1
RLED-?t*'r-lC,E
OF THE PROTHONOTARY
109 SEP -4 PM 1: 28
CWB L.f'w„•s : COUNTY
PENNSYLVANA
Ve • ..
MARC B. COCHRAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYN ANN COCHRAN,
Defendant NO. 05-1866 CIVIL TERM
IN RE: DEFENDANT'S PETITION FOR MODIFICATION
DUE TO ANTICIPATED RELOCATION
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 14"' day of September, 2009, upon consideration of Defendant's
Petition for Modification of Custody Agreement Due to Anticipated Relocation, with
respect to the parties' child, Michael Cochran (d.o.b. May 3, 2001), and following a
hearing held on August 27, 2009, and September 2, 2009, and the parties having at this
time joint legal custody and a basically shared physical custody arrangement with respect
to the child, and the court employing a modified form of the Gruber* analysis as set forth
in McAlister v. McAlister, 2000 PA Super 42, 747 A.2d 390, and the court finding (a) that
Defendant's desire to acquire primary physical custody of the child and relocate his and
Defendant's residence to Auburn, Virginia, is not motivated by a desire to frustrate the
visitation rights or impede the development of a healthy relationship between the child
and Plaintiff, (b) that the change in the custodial status of the child with respect to
Plaintiff and Defendant which would be occasioned by Defendant's acquisition of
primary physical custody and relocation of the child to Virginia would not significantly
improve the quality of life for the child and would in fact be detrimental to it, and (c) that
Defendant's acquisition of primary physical custody of the child and relocation of him to
Virginia would significantly affect in an adverse way a continuing, meaningful
relationship between the child and Plaintiff, Defendant's petition to modify custody is
denied.
Gruber v. Gruber, 400 Pa. Super. 174, 583 A.2d 434 (1990).
of
BY THE COURT,
Wesley Olen J .
Jeffrey C. Clark, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
/Attorney for Plaintiff
? Debra D. Cantor, Esq.
100 Pine Street
Harrisburg, PA 17101
Attorney for Defendant
:rc
ea ? Es ,n?.t
P
2009 SEP 16 PM S: 0 %A;
i7v
MARC B. COCHRAN : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V. :
: NO. 05-1866
BRYN ANN COCHRAN
Defendant : CUSTODY/VISITATION
ORDER
AND NOW, this day of , 2009, it is hereby
ORDERED AND DECREED that the attached Stipulation for Custody is made an
Order of this Court and said Stipulation is adopted in its entirety and incorporated
herein as an Order of Court.
BY THE COURT:
J.
Distribution:
Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166,
Harrisburg, Pa., 17108-1166; (717) 237-5297 (phone); (717) 260-1667 (fax); dcanto@mwn.com
.leffrey C. Clark, Esquire, Wix Wenger & Weidner, 508 North Second Street, P.O. Box 845,
Harrisburg, Pa., 17108-0845; (717) 234-4182 (phone); (717) 234-4224 (fax), jclarkewwwpalaw.com
6C
!?/jSlO j?
OF ? ?If
M9 NOV 18 PM 3: 2 7
PENNSYLVANA
MARC B. COCHRAN : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V. :
NO. 05-1866
BRYN ANN COCHRAN
Defendant : CUSTODYNiSITATION
CUSTODY STIPULATION
This Stipulation and Custody Agreement is made this W'-- day of
2009, by and between Marc B. Cochran (hereinafter "Father"),
and Bryn Ann Cochran (hereinafter "Mother");
WHEREAS, Mother and Father are the natural parents of Michael Cochran,
date of birth: May 3, 2001 (hereinafter the "Child");
WHEREAS, the parties have reached an agreement in regard to custody with
consideration of the best interests of Michael;
WHEREAS, Mother and Father desire to execute and set forth the terms of
their agreement relative to the future care, custody and visitation of the Child in the
present Custody Stipulation; and
WHEREAS, both parties desire the provisions of the present Custody
Stipulation be approved by the Honorable Court of Common Pleas of Cumberland
County and entered as a Court Order.
NOW THEREFORE, the parties, intending to be legally bound, and in
consideration of the mutual promises and agreements contained herein, hereby
agree as follows:
Legal Custody: Mother and Father shall share joint legal custody of
Michael. Mother and Father shall make major decisions regarding Michael,
including, but not necessarily limited to, Michael's health, welfare, education,
religious training and upbringing, jointly, after discussion and consultation with the
other, with a view toward obtaining and following a harmonious policy within
Michael's best interest. Neither party shall impair the other Parent's right to shared
legal custody of Michael. Except in emergency circumstances, the Parents are
prohibited from making decisions regarding Michael's medical needs and activities
unilaterally. The Parents shall notify the other of any activity or circumstances
concerning the Child that could reasonably be expected to be of concern to the
other. Each Parent shall be entitled to complete and full information from any doctor,
dentist, teacher or other school official, professional or authority and to have copies
of any reports or information given to either Parent as authorized by statute. Day-to-
day decisions shall be made by the Parent exercising custody at that time. In the
event of medical emergency, the Parent exercising custody shall have the right to
make medical decisions but shall notify the other Parent as soon as possible.
2. Physical custody:
A. Father shall be granted primary physical custody in
Mechanicsburg, Pennsylvania, during the school year. Mother shall have partial
custody the first and third weekends of each month from 7:00 p.m. on Friday until
6:00 p.m. on Sunday. For the purposes of this subparagraph, the first weekend shall
be defined as the weekend including and following the first Friday of a month.
Should Mother's weekend coincide with school holidays, Mother shall receive
custody the evening before the school holiday begins at 7:00 p.m. until the evening
before school begins at 6;00 p.m.
B. In the event the Child's school has a half-day, Mother may elect
to pick the Child up from the school at the time the students are dismissed, and
spend the afternoon with him in the Mechanicsburg area, returning custody to Father
at 6:00 p.m. at Father's residence. Mother shall provide all transportation for any
such half-days.
C. Mother shall have partial custody of the Child for the winter
break and spring recess. Mother shall receive custody the evening before the school
break begins at 7:00 p.m. until the evening before school begins at 6:00 p.m. The
parties acknowledge that the school utilizes the winter and spring breaks as potential
snow make-up days. If the school uses any day as a school make-up day, the Child
shall attend school, and Mother shall not receive custody for that day. If all days of a
break or recess are used as snow make-up days, Mother shall not receive custody
unless it is the first or third weekend as set forth above in subparagraph A.
D. Summer: Father shall have custody of the Child for the
following periods in the Summer. (1) the seven days immediately following the last
day of school; (2) the seven days immediately preceding the first day of school; (3)
seven consecutive days in the month of July from Monday at 9:00 a.m. until Sunday
at 8:00 p.m. during the week that includes July 11th; and, (4) one weekend in August
from Friday at 7:00 p.m. through Sunday at 8:00p.m. during the weekend that
includes or immediately follows August 16th. Mother shall have custody of the Child
during all other days of the Summer, except as otherwise provided herein.
E. Holidays:
Thanksgiving: In even numbered years, Mother shall
have the Child from 8:00 p.m. on Thanksgiving Day until 6:00 p.m. on the day before
school resumes. In odd numbered years, Mother shall have the Child from 7:00 p.m.
the evening before the first day the Child has off from school for Thanksgiving break
until 11:00 a.m. on the Sunday following Thanksgiving.
ii. Christmas: In even numbered years, Mother shall have
the Child from 7:00 p.m. the evening before the first day the Child has off from
school for the Christmas break until 6:00 p.m. on the fourth day prior to school
resuming (in other words, the intent of this provision is to give Father three full days
at the end of the Christmas break to spend with the Child), In odd numbered years,
Mother shall have the Child from 7:00 p.m. on December 2r until 6:00 p.m. on the
day before school resumes from the Christmas break.
iii. Mother's Day shall be with Mother; Father's Day shall be
with Father. These holidays shall encompass the weekend from Friday at 7:00 p.m.
until Sunday at 7:00 p.m.
iv. Mother shall have the Child during tabor Day weekend,
which shall be from 7:00 p.m. on the evening of the last day of school until the
following Monday at 7:00 p.m. Father shall have the Child during the Memorial Day
weekend.
3. Telephone gontact: During Father's periods of custody, Mother shall
be entitled to phone contact with the Child no less than three occasions per week.
Mother has provided the Child with a cell phone for contact and Mother and Father
will arrange video conferencing utilizing a web cam so that each may see the Child
when making the call if they so wish. During Mother's period of summer custody,
Father shall be entitled to phone contact no less than three occasions per week.
The parties will also readily generally permit phone contact between parent,
grandparent and the Child by request of the Child, his parent, or grandparent. The
parties shall strive to maintain open communication between Michael, his parents
and his grandparents. Each parent shall keep the other informed of the address and
telephone number where the child will be during their custody.
4. The parties shall keep each other informed regarding all babysitters
and provide names, addresses and telephone numbers of all child care providers.
5. Disparaging Remgrks: Both parties shall refrain from making
derogatory comments about the other party in the presence of the Child and shall
prevent third parties from making such comments in the presence of the Child
(whether the Child is sleeping or awake) or otherwise harass or interfere with the
parties' periods of partial custody.
6. Transportation: The parties shall share the transportation of Michael,
meeting half way between the two homes at the Shamrock Restaurant on Route 15
in Thurmont, Maryland. Transportation shall be shared for all overnight custodial
exchanges.
7. Counseling: The parties agree that they will consult with a counselor or
therapist, who maintains an office in Mechanicsburg, Pennsylvania, or the
surrounding area, to determine whether the Child needs, or would benefit from,
counseling. The parties shall follow a plan of counseling as recommended by the
counselor. The parties will use a counselor recommended by Michael's pediatrician.
The parties shall share equally any cost not covered by insurance. Each parent will
cooperate and participate in counseling as requested by the counselor.
8. Roc n: If either party desires to establish a residence more than
30 miles from their residences in Mechanicsburg, Pa and Loundon County, Virginia,
the party shall give notice to the other party at least 90 days prior to the proposed
relocation.
9. During any period of custody, the parties shall not possess or use any
controlled substance, nor shall they consume alcoholic beverages to the point of
intoxication, or subject the child to any unlawful activities. The parties shall use their
best efforts to assure that other household members and /or houseguests comply
with this provision.
10. The parties may decide different time arrangements other than those
provided for in the Custody Stipulation and make decisions for the Child whenever
they mutually agree to do so. Nothing in this Custody Stipulation is understood to
limit or restrict the ability of the parties to mutually agree on alternative parenting
arrangements. If for any reason the parties cannot agree, the terms of this Custody
Stipulation will be followed.
WHEREFORE, the parties intending to be legally bound thereby, and with the
desire that this Stipulation be entered as an Order of Court, hereby set their hand
and seals and on the date first written above.
Dated:
WITNESS
Dated: UP101
MA RC 97COCHRAN
1
Y ANN COCHRAN
F:4cc\1489 (Cochran, Marc)\15234 (Custody)\Custody Stipulation (final).doc
BLED- ORFICE
OF THE Pf3OTHMTAAY
2009 NOV 18 FM 3: 28
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Gil Kreiter d/b/a
Bloomingdale Road Judgment Recovery
291 14th Street
Brooklyn,NY 11215-4911
(718) 360-1354 voice
(718) 788 0859 facsimile
Plaintiff in Pro Per
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLAIMS RECOVERY SYSTEMS ) No. 2005-01886
Plaintiff )
.vs. )
KRISTI HASLOCK )
Defendant
PRAECIPE TO MARK JUDGMENT TO THE USE OF ASSIGNEE
TO THE OFFICE OF THE PROTHONOTARY:
In accordance with the Assignment of Judgment duly executed by the original Judgment
Creditor, CLAIMS RECOVERY SYSTEMS, and attached hereto, kindly mark the
judgment in the above case to the use of Gil Kreiter d/b/a Bloomingdale Road Judgement
Recovery, upon payment of your costs only.
The precise address for Gil Kreiter d/b/a Bloomingdale Road Judgement Recovery is set
forth above the caption.
Y
Dated: the 21"of January, 2014 ell v IZ5 LL4 --
Gil Kreiter d/b/a Bloomingdale
Road Judgement Recovery, Plaintiff
In Pro Per
CIP
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLAIMS RECOVERY SYSTEMS
Plaintiff No. 2005-01886
vs.
CIVIL ACTION
KRISTI HASLOCK
Defendant
ASSIGNMENT OF JUDGMENT
CLAIMS RECOVERY SYSTEMS, the judgment creditor and assignor, whose address is
8 East Main Street, Carnegie, PA, 15106, sold, transferred and assigned to Bloomingdale Road
Judgment Recovery, all title, right and interest in the judgment entered on or about 4/12/2005, in
the County of CUMBERLAND, Commonwealth of Pennsylvania, Docket Number 2005-01886,
and against judgment debtor(s) KRISTI HASLOCK, whose last known address is 20 LOIS LN,
MECHANICSBURG, PA, 17050, and further warrant that the amount of$ 2,070.28 is unpaid,
due and owing, plus costs and interest accrued from the date of judgment to the date of
satisfaction. I further authorize and empower the prothonotary or any attorney on behalf of the
assignee to mark the judgment to the assignee's use.
Witness my signature this le5�& day of December, 2
Claims Recovery Systems, Inc.
Craig Barr resident
Sworn to and subscribed
before me this day of
December, 2013.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLAIMS RECOVERY SYSTEMS ) No. 2005-01886
Plaintiff )
.vs. )
KRISTI HASLOCK )
Defendant )
CERTIFICATE OF SERVICE
I hereby certify that service of a true and correct copy of the foregoing Assignment of
Judgment and Praecipe to Mark Judgment to the Use of the Assignee was made on
the 21" of January, 2014 by United States first class mail, postage paid, to the parties in
the above captioned matter to:
Defendant: KRISTI HASLOCK
20 LOIS LN
MECHANICSBURG, PA 17050
I understand that false statements herein are subject to the penalties of 18 Pa.C.S. para
4904 relating to unworn falsification to authorities.
Gil Kreiter d/b/a Bloomingdale
Road Judgment Recovery
291 14th Street
Brooklyn,NY 11215-4911
(718) 360-1354 voice
(718788 0859 facsimile
'"� UNITEDSTATES Certific-, tea
J I
POSTAL SERVICEe M
This Certificate of Mailing provides evidence that mail has been presented is LISPS®f
This form may be used for domestic and international mall. c
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From: ^
_ M N
-� � Gil Kreiter. �, -
29114 Street
t� Broo n, NY 11215-4911 _ :�
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To: N•. c-Nr-��
_ KRISTI HASLOCK z' "{oo
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PS Form 3817,April 2007 PSN 7530-02-000-9065
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