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HomeMy WebLinkAbout05-3510MATTHEW BROWNEWELL Plaintiff VS. KYLIE BROWNEWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO.? - ;yam l0 CIVIL TERM IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNBYS•AT-LAW 26 W. High Street Carlisle, PA MATTHEW BROWNEWELL Plaintiff V5. KYLIE BROWNEWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Matthew Brownewell, residing at 19 Hidden Noll Road, Carlisle, Pennsylvania 17013. 2, The Defendant is Kylie Brownewell, residing at 5526 Wagners Gap Road, Landisburg, Pennsylvania 17040. 3. The Plaintiff seeks custody of the following child, Madison Brownewell, born December 28, 2004. 4. The child was not born out of wedlock. The child is presently in the custody of her Mother who resides at 5526 Wagners Gap Road, Landisburg, Pennsylvania. Since birth Madison has resided with the following persons and at the following addresses: Name Address FromfTo Matthew Brownewell 19 Hidden Noll Road Birth to July 1, 2005 K lie Brownewell Carlisle, Pennsylvania Kylie Brownewell and other 5526 Wagners Gap Road July 1, 2005 to present unknown persons and her Landisburg, Pennsylvania daughter Ka lee Barni er SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA The mother of the child is Kylie Brownewell, currently residing at 5526 Wagners Gap Road, Landisburg, Pennsylvania. She is married. The father of the child is Matthew Brownewell, currently residing at 19 Hidden Noll Road, Carlisle, Pennsylvania. He is married. 5. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following person(s): No other person. 6. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person(s): boyfriend and her daughter Kaylee Barniger. 7. Plaintiff has not participated as a ;party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 8. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 9. The 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 child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can best provide for the child's physical, emotional, spiritual and intellectual welfare. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•APLAW 26 W. High Street Carlisle, PA 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY By: Carol J. Lind a? 0#44693 26 West Hi treet Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA VERIFICATION I, Matthew Brownewell, the undersigned, hereby verify that the statements made herein 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. O7- ?i oS Matthew Brownew , Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA 'o Cl_1 i? J 1 CJs;7 -< W S-` h, I? MATTHEW BROWNEWELL Plai ntifflPetitioner Vs. KYLIE BROWNEWELL Defendant\Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY PETITION FOR SPECIAL. RELIEF Now comes MATTHEW BROWNEWELL , by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties are Matthew Brownewell, 119 Hidden Noll Road, Carlisle, Pennsylvania 17013 and Kylie Brownewell, 5526 Wagners Gap Road, Landisburg, Pennsylvania 17040. 2. The parties are parents of a child, Madison Brownewell, bom December 28, 2004. 3. The Petitioner has filed a complaint for custody a copy of which is attached hereto as Exhibit "A". 4. On July 1, 2005, without notice to Petitioner, Respondent moved from the marital home taking with her the parties' infant child, Madison Brownewell. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 5. Respondent refuses to permit Petitioner to see the child. 6. Since Madison's birth in December 2004, Petitioner has been her primary caregiver because his work permitted him to care for her during the day while Respondent worked. As a result, the child has not been placed in daycare. 7. Upon information and belief, the child is placed with a daycare provider the identity of whom the Respondent refuses to reveal to Petitioner. 8. The best interest and permanent welfare of the child would be served by providing to the Petitioner custody of the child pending a conciliation conference. WHEREFORE, Petitioner prays this Honorable Court to grant temporary custody of the child to Petitioner. SAIDIS, S;HUFF, FLOWER & LINDSAY Attorneys for Petitioner ? By: IDA!44693 26 West Hig Stree Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Matthew Brownewell, Plaintiff Date: Z-11-05 SAIDIS SHUFF, FLOWER & LINDSAY ATri)Rians-AT•LAW 26 W. High Street Carlisle, PA MATTHEW BROWNEWELL Plaintiff VS. KYLIE BROWNEWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ArrOANEYS•ATaLAW 26 W. High Street Carlisle, PA MATTHEW BROWNEWELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. CIVIL TERM KYLIE BROWNEWELL Defendant IN CUSTODY ORDER OF COURT AND now, this day of 2005, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of , 2005, at o'clock m. 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. For the Court, By:_ Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (717) 240.6200 AMERICANS WITH DISABILITIES ACT OF 1990 SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. By the Court, J. Date: MATTHEW BROWNEWELL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. CIVIL TERM KYLIE BROWNEWELL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Matthew Brownewell„ residing at 19 Hidden Noll Road, Carlisle, Pennsylvania 17013. 2. The Defendant is Kylie Brownewell, residing at 5526 Wagners Gap Road, Landisburg, Pennsylvania 17040. 3. The Plaintiff seeks custody of the following child, Madison Brownewell, born December 28, 2004. 4. The child was not born out of wedlock. The child is presently in the custody of her Mother who resides at 5526 Wagners Gap Road, Landisburg, Pennsylvania. Since birth Madison has resided with the following persons and at the following addresses: Name Address From(To Matthew Brownewell 19 Hidden Noll Road Birth to July 1, 2005 K lie Brownewell Carlisle, Pennsylvania Kylie Brownewell and other 5526 Wagners Gap Road July 1, 2005 to present unknown persons and her Landisburg, Pennsylvania daughter Ka lee Barni er SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS-AT•LAW 26 W. High Street Carlisle, PA The mother of the child is Kylie Brownewell, currently residing at 5526 Wagners Gap Road, Landisburg, Pennsylvania. She is married. The father of the child is Matthew Brownewell, currently residing at 19 Hidden Noll Road, Carlisle, Pennsylvania. He is married. 5. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following perrson(s): No other person. 6. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person(s): boyfriend and her daughter Kaylee Barnicier. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 8. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 9. The 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 child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can best provide for the child's physical, emotional, spiritual and intellectual welfare. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•IAW 26 W. High Street Carlisle, PA By: ID #44693 / / 26 West Hi tre, Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, Matthew Brownewell, the undersigned, hereby verify that the statements made herein 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. 07-'1 - o, Matthew Brownew , Petitioner SAIDIS SNUFF, FLOWER & LINDSAY ATITIRNEYS•AT•LAW 26 W. High Street Carlisle, PA ri Y 're i1 J I V - MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KYLIE BROWNEWELL, Defendant NO. 05-3510 CIVIL TERM ORDER OF COURT AND NOW, this 14`h day of July, 2005, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Monday, August 1, 2005, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Kylie Brownewell 5526 Wagners Gap Road Landisburg, PA 17040 Defendant, pro se :rc Z 1 =h I'M ° P iilf BE At e v ` t;i ic; IHI ?O MATTHEW BROWNEWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KYLIE BROWNEWELL DEFENDANT 05-3510 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 25, 2005 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 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: ls/ acqucKneM. Verney, Esc ?? 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 1 h -£ add 8 ! Inr 5002 -- J/- 4 Sa Sr-? 3?1a.??-q?Illa MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KYLIE BROWNEWELL Defendant : NO. 05-3510 CIVIL TERM CUSTODY STIPULATION AND AGREEMENT AND NOW, The above named parties, being duly represented by counsel hereby agree and stipulate to the following: 1. Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. 2. Mother and Father shall share legal custody of the child. 3. A hearing on Plaintiff's Petition for Special Relief is scheduled for August 1, 2005. The parties hereby agree that there is no longer a need for the scheduled emergency hearing and the within custody terms shall remain in effect until the custody conciliation of August 25, 2005. 4. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child as per the following schedule: A. Sunday 11:00 a.m. - 8:00 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. B. Monday and Tuesday 4:00 p.m. - 8:30 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. 5. The above schedule shall begin at 11:00 a.m. Sunday, July 31, 2005. 6. The parties hereby agree to the above terms being entered as a court order. Date: q I a Ak)1=5 Date:-7-071-05' 1C?r?l?.n? a? 4 Kylie Brownewell Matthew Brownewell ,?. „,. ?> 4. ,_ c? -, ?° -?a ??;? _,,;T, ?_ ': ?' -?; ;? ?> `%sr?, z o ..? v1ATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CYLIE BROWNEWELL, Defendant NO. 05-3510 CIVIL TERM ORDER OF COURT AND NOW, this I" day of August, 2005, upon consideration of the attached letter rom Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing August 1, 2005, is cancelled. arol J. Lindsay, Esq. ".6 West High Street 'arlisle, PA 17013 ttorney for Plaintiff egan A.E. Malone, Esq. 1 East Louther Street ite 101 rlisle, PA 17013 orney for Defendant O BY THE COURT, .v . , 43i -mub 15:45 FoxN E. SLM ROBECiT C SAIDIS GEOFFREY $. SFIi1FF iAME3 D. FLOWER, JR :AROLJ. MMAY BRIAN C. CA14t:X :Y GEORGE F. 00UMA6, IA MAT'.rKEW J. BSFMUANt MOMASRROWER f ACLYN SWTli 7172436510 SAIDIS SHLFF FLOWER LAW OFFICES SAIDIS, SHUFF, FLOVMR & LINDSAY A PROF86SIONAL CO RPORA77ON 26 WEST SIGH STREET CARLISLE, PRNNRYI VANiA 17013 TELEPuoNL- (717) 2436222- FA('SIWLE: M 7) 743-6486 EMAIL: aMorney®as:kl-Jaw.com www.sso-law.com July 29, 2605 Mail Via Facsimile 2411MU) and First-Cm The Honordble J. Wesley Oier, Jr, Cumberland County Court House One Courthouse Square Carlisle, PA 17013 Re: Brownewell v. Brownewell Docket No. 2005-3510, Civil Term Dear Judge tiler: PAGE 02/04 CAMP HILL OFFECE4 2109 MARKer STFMT CAMP HU L. PA 17MI TELEPIIONEz (i 17)737.UM FACMM I; (917)737.3407 tW O xq cam. lllglu R.p? REnx To CARLISLE The parties in the above-referenced matter have this day entered into a Custody Stipulation and Agrccment, a copy of which is enclosed herewith. Therefore, the hearing which is scheduled for Monday, August 1, 2005, at 3:15 p.m. is no longer necessary. F;espectfully submitted, WDIS, SHUFF, FLOWER & LINDSAY ?t l t:a. JI n d 'ov ClUse Enclosure cc: Megan A. E. Malone, Esq. (w/enc, via facsimi e) Matthew Brownewell (w/enc.) ,)RECEIVED AUG 0 3 2003 ° MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : CIVIL ACTION - LAW KYLIE BROWNEWELL Defendant : NO. 05-3510 CIVIL TERM ORDER AND NOW, this day of , 2005, based on the stipulation of the parties, the Court hereby Orders as follows: 1. Mother and Father shall share legal custody of the child, Madison Brownewell, bom December 28, 2004. 2. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child as per the following schedule: A. Sunday 11:00 a.m. - 8:00 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. B. Monday and Tuesday 4:00 p.m. - 8:30 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. 3. The above schedule shall begin at 11:00 a.m. Sunday, July 31, 2005. V By the Court, ,,,_ *: t6 (? S?- CJ r .. ; ]- .ry y, u.. a -?y; __. - r? F- U_ .._ r._? L7 r,? t7 MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KYLIE BROWNEWELL Defendant : NO. 05-3510 CIVIL TERM CUSTODY STIPULATION AND AGREEMENT AND NOW, The above named parties, being duly represented by counsel hereby agree and stipulate to the following: 1. Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. 2. Mother and Father shall share legal custody of the child. 3. A hearing on Plaintiff s Petition for Special Relief is scheduled for August 1, 2005. The parties hereby agree that there is no longer a need for the scheduled emergency hearing and the within custody terms shall remain in effect until the custody conciliation of August 25, 2005. 4. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child as per the following schedule: A. Sunday 11:00 a.m. - 8:00 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. B. Monday and Tuesday 4:00 p.m. - 8:30 p.m., Mother shall take the child to Father's home and Father shall return the child to Mother's home at the appropriate times. 5. The above schedule shall begin at 11:00 a.m. Sunday, July 31, 2005. 6. The parties hereby agree to the above terms being entered as a court order. Date: " 1_ IoqA1,0" Date: 7- ag - 0,5 IC s- lR ay,m l c 0,Q-- j Kylie Brownewell d- ' V --- Matthew Brownewell ? ??? c _ vu ?,:.-t?. _?, ,_ ., nti,-- ;t: 4v :• •???..ll 1 ?.5?. ?? ? ? ??. _ 11? , .-^ r ? ` ? : C ' l L C??" ?'?..?- MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3510 CIVIL TERM CUSTODY STIPULATION AND AGREEMENT AND NOW, The above named parties, being duly represented by counsel hereby agree and stipulate to the following: Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. 2. Mother and Father shall share legal custody of the child. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child from Sunday at 11:00 a.m. to Wednesday morning between 7:00 a.m and 8:00 a.m. when Father shall drop off the child at the Tiny Bumpkins daycare center. Mother shall transport the child to Father's home Sunday morning. Father shall do nothing to cause the child an unapproved absence from daycare. 4. Holidays shall be shared according to the following schedule: A, Memorial Day and Labor Day - Father shall have custody of the child. B. New Year's Day and Fourth of July - The period of custody shall be from 800 a. 111 to 8:00 p.m. Mother shall have custody of the child in odd numbered years and Father shall have custody of the child in even numbered years. C. Mother's Dav - Mother shall have custody of the child until 8:00 p.m. at which time she will take the child to Father's home. D. Father's Dav - Father shall have custody of the child beginning at 9:00 a.m. at which time Mother will take the child to Father's home. E. Easter - Father shall have custody of the child from 8:30 a.m. - 1:00 p.m. Mother shall have custody of the child from 1:00 p.m. - 8:00 p.m. Father shall pick up the child from Mother's home in the morning. Mother shall pick up the child from Father's home at 1:00 p.m. Father shall pick up the child from Mother's home at 8:00 p.m. w F. Thanksgiving -Mother shall have custody of the child Thanksgiving day until 2:30 p. m. at which time she will deliver the child to Father's home. Father shall have custody of the child from 2:30 p.m. Thanksgiving day until the day after Thanksgiving at 2:30 p.m at which time he wilt deliver the child to Mother's home. G. Christmas - Mother shall have custody of the child from 12:00 p.m. on December 24"' to 12:00 p.m. on December 25th. Father shall have custody of the child from 12:00 p m - 8:30 p.m. on December 25th. H. Child's Birthday - December 29' - The period of custody shall be from 8:00 a.m to 8:00 p.m. Mother shall have custody of the child during this period in even numbered years and Father shall have custody of the child during this period in odd numbered years. Vacation Time - Each party shall have the option to take two uninterrupted ten-day vacation times with the child during the year. Mother shall notify Father by March 1" of the time period she intends to spend with the child. Father shall notify Mother as soon as he is notified by his employer of the vacation time he may take. In 2006, Mother shall custody of the child from 6/11/06 to 6/17/06 uninterrupted for her vacation time. If this schedule changes, Mother shall contact Father as soon as possible to relay such changes. 6. Neither party shall disparage the other parent, or allow third parties to do so, while in the presence of the child. If medical treatment is necessary for the child, the custodial parent shall make any necessary medical appointments and take the child to those appointments. The custodial parent shall notify the non-custodial parent of all medical appointments as soon as possible. If Father is at work when the child has a medical appointment, Mother shall contact Father at work at 249-8033. 8. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. Father shall contact maternal Grandmother to relay information regarding the child to Mother. Such information shall include, but not be limited to, changes in the custody schedule, medical appointments, changes in the child's daycare schedule, and/or changes in the exchange locations. 10. The parties may modify the above schedule by mutual agreement. it. The parties hereby agree to the above terms being entered as a court order. Date: Date: 7 1 7 V C, AdAyv Meg Malone, Esquire Attorney for Kylie Brownewell Carol Li say, Esquire Attorney or Matthew Brownewell AN 18 2006 y In.'J20LUG!; MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL IN THE COURT OF COMMON PLEAS OF Yj CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW Defendant : NO. 05-3510 CIVIL TERM ORDER AND NOW, this Z o day of zn 2006, based on the stipulation of the parties, the Court hereby Orders as follows: Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. 2. Mother and Father shall share legal custody of the child. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child from Sunday at 11:00 a. m. to Wednesday morning between 7:00 a in. and 8:00 a.m. when Father shall drop off the child at the Tiny Bumpkins daycare center. Mother shall transport the child to Father's home Sunday morning. Father shall do nothing to cause the child an unapproved absence from daycare. Holidays shall be shared according to the following schedule: A. Memorial Day and Labor Day - Father shall have custody of the child. B. New Year's Day and Fourth of July- The period of custody shall be from 8:00 a.m to 8:00 p.m. Mother shall have custody of the child in odd numbered years and Father shall have custody of the child in even numbered years. C. Mother's Day - Mother shall have custody of the child until 8:00 p.m. at which time she will take the child to Father's home. D. Father's Dav - Father shall have custody of the child beginning at 9:00 a.m. at which time Mother will take the child to Father's home. E. Easter - Father shall have custody of the child from 8:30 a.m. - 1:00 p.m. Mother shall have custody of the child from 1:00 p.m. - 8:00 p.m. Father shall pick up the child from Mother's home in the morning. Mother shall pick up the child from Father's home at 100 p.m. Father shall pick up the child from Mother's home at 8:00 p.m. F. Thanksgiving - Mother shall have custody of the child Thanksgiving day until 230 p in. _ 4 IuI" at which time she will deliver the child to Father's home. Father shall have custody of the child from 230 p.m. Thanksgiving day until the day after Thanksgiving at 2:30 p.m. at which time he will deliver the child to Mother's home. G. Christmas - Mother shall have custody of the child from 12:00 p.m. on December 24"' to 12:00 p.m. on December 25". Father shall have custody of the child from 12:00 p m - 8:30 p.m. on December 25'. H. Child's Birthdav - December 28' - The period of custody shall be from 8:00 a. m to 8:00 p.m. Mother shall have custody of the child during this period in even numbered years and Father shall have custody of the child during this period in odd numbered years. 5. Vacation Time - Each party shall have the option to take two uninterrupted ten-day vacation times with the child during the year Mother shall notify Father by March I" of the time period she intends to spend with the child. In 2006, Mother shall custody of the child from 6/11/06 to 6/17/06 uninterrupted for her vacation time. If this schedule changes, Mother shall contact Father as soon as possible to relay such changes 6. Neither party shall disparage the other parent, or allow third parties to do so, while in the presence of the child. If medical treatment is necessary for the child, the custodial parent shall make any necessary medical appointments and take the child to those appointments. The custodial parent shall notify the non-custodial parent of all medical appointments as soon as possible. If Father is at work when the child has a medical appointment, Mother shall contact Father at work at 249-8033. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. Father shall contact maternal Grandmother to relay information regarding the child to Mother. Such information shall include, but not be limited to, changes in the custody schedule, medical appointments, changes in the child's daycare schedule, and/or changes in the exchange locations. 10. The parties may modify the above schedule by mutual agreement. 11. The parties hereby agree to the above terms being entered as a court order. O\ ?a Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3510 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND FINDING OF CONTEMPT AND NOW, comes Petitioner, Matthew Brownewell, by and through his attorneys, Martson Law Offices, and avers as follows: Petitioner is Matthew Brownewell, father who currently resides at 19 Hidden Noll Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Kylie Brownewell, mother, who currently resides at 816 Pintail Drive, Newport, PA 17074-9527. 3. The child of the parties is Madison Brownewell, born December 28, 2004. 4. The parties are still married and separated on July 1, 2005 when Mother left the marital home with the child without notice to father. 5. Father filed a Complaint for Custody and a Petition for Special Relief after Mother left because she refused him access to the child. 6. The parties entered into a Custody Stipulation which was the basis for an Order of Court signed by Judge Oler on August 4, 2005. 7. A subsequent Order of Court was entered on January 20, 2006 based upon a new agreement between the parties. This Order is attached hereto as Exhibit "A." 8. The parties have made several modifications to the January 20, 2006 Order based upon mutual agreement. Those modifications were signed by both parties and are attached hereto as Exhibit "B." 9. The parties had agreed that Father would have the child every weekday while Mother was at work and therefore daycare was not necessary. 10. Subsequent to the birth of Father's second child with his girlfriend, Mother refused to abide by the mutual agreement made that Father had the child on weekdays and unilaterally placed the child in childcare. 11. Father is unaware of the childcare provider or the address or condition of the home Mother lives in. 12. Mother is consistently violating the Order by refusing to follow the exchange times set. 13. Mother unilaterally decides when and where Father will get the child for his custodial periods. 14. Father believes and therefore avers that Mother is upset that the child was excited to have a baby sister at Father's house, and therefore she does not let him see the child. 15. Mother has another child, Kaylee Barninger, who is 6 years old. 16. Father believes and therefore avers that Mother has been reported to and investigated several times by Children & Youth Services with regard to both Madison and Kaylee. 17. Mother is currently living with her boyfriend in Newport, and prior to moving in there, Mother has had numerous boyfriends moving in and out of the residence she maintained in Landisburg. 18. Father is concerned for the child's welfare with Mother's behavior ofbringing various men to live with her or moving in with new men. 19. Father has had to call the North Middleton Township Police to assist and enforce the Order in many of the custody exchanges. 20. Mother is often argumentative and uncooperative at custody exchanges. 21. Father is concerned for the child's welfare because she returns home from Mother's exhausted, needing a 4-5 hour nap, which leads Father to believe the child is not getting to bed at a decent time or not able to sleep during the night at Mother's. 22. Mother returns the child to Father in dirty clothing with unkempt hair. 23. When Mother returns the child to Father the child is extremely hungry, and Father believes Mother is not providing adequate meals and nutrition for the child. 24. Mother has been taking the child to the pediatrician and not notifying Father of the visits. 25. Father is concerned about the child's welfare due to Mother's history of drug use and requests that Mother submit to random drug testing. 26. In March of 2007, Mother blacked out while with the child for an hour, which Father believes may have been drug-related. 27. Mother has had the child in approximately 6 day cares to date, which is another reason Father was to provide the child care during the work week. 28. Mother has changed phone numbers at least six (6) times in the past three (3) years and did not notify Father of changes right away. 29. Mother refused to give Father custody on July 4, 2008. 30. Father requests primary physical custody of the child because he believes he is the better and more stable caretaker for the child. 31. Father requests that Mother have an alternating weekend schedule with the child because she is unable to care for the child properly for longer periods of time. 32. Father requests that the Court find Mother in contempt for continuous violations of the custody exchange times. 33. The Honorable J. Wesley Oler, Jr., has signed the previous orders in this matter. 34. Mother is currently unrepresented, therefore, no notice of the petition was given to her in advance of its filing. WHEREFORE, Father requests this Honorable Court schedule a hearing and grant him primary physical custody of the child pending said hearing, with Mother having the child on alternating weekends. Respectfully submitted, MARTSON LAW OFFICES By Je i r Spears, Esquire 10 E t igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 8, 2008 JAN 2 A M6 MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KYLIE BROWNEWELL Defendant : NO. 05-3510 CIVIL TERM ORDER AND NOW, this day of Qam , 2006, based on the stipulation of the parties, the Court hereby Orders as follows: 2 4 Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. Mother and Father shall share legal custody of the child. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child from Sunday at 11:00 a. m. to Wednesday morning between 7:00 a. m. and 8:00 a.m. when Father shall drop off the child at the Tiny Bumpkins daycare center. Mother shall transport the child to Father's home Sunday morning. Father shall do nothing to cause the child an unapproved absence from daycare. Holidays shall be shared according to the following schedule: A. Memorial Day and Labor Day- Father shall have custody of the child. B. New Year's Day and Fourth of July_- The period of custody shall be from 8:00 a. m. to 8:00 p.m. Mother shall have custody of the child in odd numbered years and Father shall have custody of the child in even numbered years. C. Mother's Day - Mother shall have custody of the child until 8:00 p.m. at which time she will take the child to Father's home. D. Father's Day - Father shall have custody of the child beginning at 9:00 a.m. at which time Mother will take the child to Father's home. E. Easter - Father shall have custody of the child from 8:30 a.m. - 1:00 p.m. Mother shall have custody of the child from 1:00 p.m. - 8:00 p.m. Father shall pick up the child from Mother's home in the morning. Mother shall pick up the child from Father's home at 1:00 p.m. Father shall pick up the child from Mother's home at 8:00 p.m. F. Thanksgiving - Mother shall have custody of the child Thanksgiving day until 2:30 p.m. EXHIBIT "A" at which time she will deliver the child to Father's home. Father shall have custody of the child from 2:30 p.m. Thanksgiving day until the day after Thanksgiving at 2:30 p.m. at which time he will deliver the child to Mother's home. G. Christmas - Mother shall have custody of the child from 12:00 p.m. on December 24"' to 12:00 p.m. on December 25. Father shall have custody of the child from 12:00 p. m. - 8:30 p.m. on December 25`t'. H. Child's Birthday - December 28' - The period of custody shall be from 8:00 a.m. to 8:00 p.m. Mother shall have custody of the child during this period in even numbered years and Father shall have custody of the child during this period in odd numbered years. Vacation Time - Each party shall have the option to take two uninterrupted ten-day vacation times with the child during the year. Mother shall notify Father by March l " of the time period she intends to spend with the child. In 2006, Mother shall custody of the child from 6/11/06 to 6/17/06 uninterrupted for her vacation time. If this schedule changes, Mother shall contact Father as soon as possible to relay such changes. 6. Neither party shall disparage the other parent, or allow third parties to do so, while in the presence of the child. 7. If medical treatment is necessary for the child, the custodial parent shall make any necessary medical appointments and take the child to those appointments. The custodial parent shall notify the non-custodial parent of all medical appointments as soon as possible. If Father is at work when the child has a medical appointment, Mother shall contact Father at work at 249-8033. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. 9. Father shall contact maternal Grandmother to relay information regarding the child to Mother. Such information shall include, but not be limited to, changes in the custody schedule, medical appointments, changes in the child's daycare schedule, and/or changes in the exchange locations. 10 11 The parties may modify the above schedule by mutual agreement. The parties hereby agree to the above terms being entered as a court order. MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3510 CIVIL TERM CUSTODY STIPULATION AND AGREEMENT AND NOW, The above named parties, being duly represented by counsel hereby agree and stipulate to the following: Matthew Brownewell, hereinafter Father, and Kylie Brownewell, hereinafter Mother, are the parents of one minor child, Madison Brownewell, born December 28, 2004. 2. Mother and Father shall share legal custody of the child. 3. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child from Sunday at 11:00 a.m. to Wednesday morning' between 7:00 a.m. and 8:00 a.m. when Father shall drop off the child at the Tiny Bumpkins daycare center. Mother shall transport the child to Father's home Sunday morning. Father shall do nothing to cause the child an unapproved absence from daycare. 4. Holidays shall be shared according to the following schedule: A. Memorial Day and Labor Day - Father shall have custody of the child. B. New Year's Day and Fourth of July - The period of custody shall be from 8:00 a. m. to 8:00 p.m. Mother shall have custody of the child in odd numbered years and Father shall have custody of the child in even numbered years. C. Mother's Dav -Mother shall have custody of the child until 8:00 p.m. at which time she will take the child to Father's home. D. Father's Dav - Father shall have custody of the child beginning at 9:00 a.m, at which time Mother will take the child to Father's home. E. Easter - Father shall have custody of the child from 8:30 a.m. - 1:00 p.m. Mother shall have custody of the child from 1:00 p.m. - 8:00 p.m. Father shall pick up the child from Mother', hunk iii the morning. Mother shall pick up the child from Father's home at I :00 p.m. Father shall pick up the child from Mother's home at 8:00 p.m. F. Thanksaivin - Mother shall have custody of the child Thanksgiving day until 2:30 p.m. at which time she will deliver the child to Father's home. Father shall have custody of the child from 2:30 p.m. Thanksgiving day until the day after Thanksgiving at 2:30 p.m. at which time he will deliver the child to Mother's home. G. Christmas - Mother shall have custody of the child from 12:00 p.m. on December 24"' to 12:00 p.m. on December 25`x. Father shall have custody of the child from 12:00 p.m. - 8:30 p.m. on December 25'x'. H. Child's Birthday - December 28h- The period of custody shall be from 8:00 a.m. to 8:00 p.m. Mother shall have custody of the child during this period in even numbered years and Father shall have custody of the child during this period in odd numbered years. 5. Vacation Time - Each party shall have the option to take two uninterrupted ten-day vacation times with the child during the year. Mother shall notify Father by March 1" of the time period she intends to spend with the child. Father shall notify Mother as soon as he is notified by his employer of the vacation time he may take. In 2006, Mother shall custody of the child from 6/11/06 to 6/17/06 uninterrupted for her vacation time. If this schedule changes, Mother shall contact Father as soon as possible to relay such changes. 6. Neither party shall disparage the other parent, or allow third parties to do so, while in the presence of the child. 7. If medical treatment is necessary for the child, the custodial parent shall make any necessary medical appointments and take the child to those appointments. The custodial parent shall notify the non-custodial parent of all medical appointments as soon as possible. If Father is at work when the child has a medical appointment, Mother shall contact Father at work at 249-8033. 8. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. 9. Father shall contact maternal Grandmother to relay information regarding the child to Mother. Such information shall include, but not be limited to, changes in the custody schedule, medical appointments, changes in the child's daycare schedule, and/or changes in the exchange locations. 10. The parties may modify the above schedule by mutual agreement. 11. The parties hereby agree to the above terms being entered as a court order. Date: (/ ?(C Ai-Im Me Malone, Esquire Attorney for Kylie Brownewell Date: 17 C/ Carol/Lis say, Esquire Atto e or Matthew Brownewell 11/25/2007 I Kylie Brownewell agree that Matthew Brownewell has Madison Brownewell instead of me providing daycare for her. I understand that Madison will be in Matthews care from 6:30am to3:20pm every Wednesday, Thursday and Friday and that this was my idea for him to take her. I will drop Madison off in the morning at Matthews house and he will drop Madison off at evenings at Allen Distribution Center in Carlisle at the specified times above. Along with this agreement all child support shall be suspended/ terminated immediately starting November 25, 2007. If theirs any arrears they shall be dismissed. By signing this paper I Kylie Brownewell agree to all of the terms above. This does not also alter the court ordered custody agreement for other days, times, holidays, Vacation, and Etc. Ky ie Browne(wwell Data C\ ?.T Matthew Brownewell Date CIL COUNri OF Ind suID;Zcl??u COMMONWEALTH OF PENNSY! VANIA NOTARIAL SEAL PATRICIA J. STEURY, NOTARY PIJBUC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES JULY t 3, 2101 t EXHIBIT "B° VERIFICATION The foregoing Petition for Special Relief and Finding of Contempt is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. , e?4 Matthew R. Brownewell FARLESUicnts\13090 Brownewell\13090.I.cu9tOdyPet.wPd CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiffs Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kylie M. Brownewell 816 Pintail Drive Newport, PA 17074-9527 MARTSON LAW OFFICES By Ami J. a Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 8, 2008 ll? v r T 7 80 o 7 cil f I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3510 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of July, 2008, upon consideration of Plaintiff's Petition MATTHEW BROWNEWELL, Plaintiff V. : KYLIE BROWNEWELL, Defendant : for Special Relief and Finding of Contempt, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for an expedited conciliation conference. BY THE COURT, XJennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff -- Kylie M. Brownewell 816 Pintail Drive Newport, PA 17074-9527 Defendant, pro Se Court Administrator--`? 7 :rc eo E's ,matter- ., ^7?rc. ?oS C- 1 :9 wv 9 ! nr BOOT i ?{ f f ?, ;';' 1n?+ 1 ,,,d ?'t !'M1 ??Y.kO.dY ?L,?? ..A.?43 .i MATTHEW BROWNEWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KYLIE BROWNEWELL DEFENDANT 2005-3510 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, July 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 22, 2008 at 1:00 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/ john j. Mangan, r. Es q. VIAL 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 ?' ?b irY? ?.,? ?-? ?? ? . ,? - .; .a? r ?/ ?? ?? ?' ? ? ? ?,? E3 ?? { SJ+ ..1ti.?'. .J ??.,? ?? AUG 0 4 ZOO?y„ O MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this K day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: I . All prior Orders of Court issued in this matter are hereby VACATED and Father's Petition for Contempt is hereby held in abeyance. The parties are cautioned that any significant violation of the instant Order will result in a Contempt hearing with the possibility of sanctions. 2. Legal Custody: The Father, Matthew Brownewell, and the Mother, Kylie Brownewell, shall have shared legal custody of Madison Brownewell, bom 12/28/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father and Mother shall arrange physical custody of the Child as follows on a repeating two week schedule: a. Commencing August 2, 2008, Father shall have physical custody of the Child from noon on Sunday until Wednesday August 5, 2008 at noon. b. Commencing August 9, 2008, Father shall have physical custody of the Child from noon on Sunday until Thursday August 12, 2008 at noon. C. For the Sunday exchanges, Mother shall bring the Child to North Middleton Police Station at noon and for the Wednesday or Thursday exchanges, Father shall bring the Child to the Super 7 gas station in Newport at noon. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached. 6. Each parent shall have the option to take two uninterrupted ten-day vacation times with the Child per year. The requesting parent shall notify the other parent by March 1 of each year of the requested vacation period. This vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first Lp is Ni-i; J, 013' :1 Wd S- SnV SON .-. providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the Child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 12. An updated conference is hereby scheduled for September 29, 2008 at 9:00 am at the Court of Common Pleas in Carlisle, PA. Distribution: ne Adams, Esq. ?a ?n fer Spears, Esq. ,,Ahn J. Mangan, Esquire y HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1$ Half Father from 8:30 am until 12:00 m Father Father Easter Day 2n Half Mother from 12:00 pm until 8 pm Mother Mother Father shall pick the child up in the morning at Mother's and Mother shall pick up the Child from Father's house at 12:00 pm and then Father shall pick the Child up from Mother's house at 8 m. Memorial Da Father Father Independence Da From 8 am until 8 m Father Mother Labor Da Father Father Thanksgiving Is Mother has until 2:30 pm and shall Mother Mother Half take the Child to Father's house Thanksgiving 2° From 2:30 pm until the day after Father Father half Thanksgiving at 2:30 pm at which time Father shall bring the Child to Mother's house. Christmas 1 S Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2° Half From noon on 12/25 until 8:30 pm Father Father 12/25 New Year's day From 8 am until 8 m Father Mother Mother's Day Until 8 pm when Mother take child Mother Mother to Father Father's Day From 9 am when Mother takes Child Father Father to Father Birthday 8:00 am until 8:00 m Mother Father MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Brownewell 12/28/2004 Mother and Father 2. A Conciliation Conference was held with regard to a petition for special relief and contempt filed by Father on July 30, 2008 with the following individuals in attendance: The Mother, Kylie Brownewell, with her counsel, Jane Adams, Esq. The Father, Matthew Brownewell, with his counsel, Jennifer Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esq C to y Conciliator Cc C 0 1200d MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-3510 CIVIL ACTION LAW KYLIE BROWNEWELL, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court issued in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Matthew Brownewell, and the Mother, Kylie Brownewell, shall have shared legal custody of Madison Brownewell, born 12/28/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father and Mother shall arrange physical custody of the Child as follows on a repeating two week schedule: a. Commencing August 2, 2008, Father shall have physical custody of the Child from noon on Sunday until Wednesday August 5, 2008 at noon. b. Commencing August 9, 2008, Father shall have physical custody of the Child from noon on Sunday until Thursday August 12, 2008 at noon. C. The custodial parent shall transport the Child for the exchanges to the other parent's residence; however, should this arrangement not work out to the parents' mutual satisfaction, for the Sunday exchanges, Mother shall bring the Child to North Middleton Police Station at noon and for the Wednesday or Thursday exchanges, Father shall bring the Child to the Super 7 gas station in Newport at noon. It is understood that an appropriate third party representative for a parent may also transport the Child for the exchanges. d. The parents may alter said schedule as necessary or proper by mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached. C?l 6. Each parent shall have the option to take two uninterrupted ten-day vacation times with the Child per year. The requesting parent shall notify the other parent by March 1 of each year of the requested vacation period. This vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the Child to the other party, the non-custodial party may contact the local or state police to enforce this custody order. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, / f' f a Distribution: Jane Adams, Esq. Jennifer Spears, Esq. , Ar t,4 John J. Mangan, Esq. 1 ' j Hut, HOLIDAYS AND IM%IES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half Mother until 2:00 pm on Easter Mother Mother Sunda Easter Day 2" Half Father from 2:00 pm on Easter Father Father Sunda Memorial Day Father Father Independence Da From 8 am until 8 m Father Mother Labor Da Father Father Thanksgiving 1St Mother has until 2:30 pm and shall Mother Mother Half take the Child to Father's house Thanksgiving 2" From 2:30 pm until the day after Father Father half Thanksgiving at 2:30 pm at which time Father shall bring the Child to Mother's house. Christmas 1St Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2" Half From noon on 12/25 until noon on Father Father 12/26 New Year's day From 8 am until 8 m Father Mother Mother's Day Until 8 pm when Mother takes child Mother Mother to Father Father's Day From 9 am when Mother takes Child Father Father to Father Birthday 8:00 am until 8:00 m Mother Father MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII., PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o Madison Brownewell 12/28/2004 Mother and Father 2. A Conciliation Conference was held with regard to a petition for special relief and contempt filed by Father on July 30, 2008, an Order was issued August 4, 2008 and a status conference was held November 14, 2008 with the following individuals in attendance: The Mother, Kylie Brownewell, with her counsel, Jane Adams, Esq. The Father, Matthew Brownewell, with his counsel, Jennifer Spears, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. Date John gan, Esquire Cu ody onciliator F1LE_,n-0--1_;r,c: Jt" ? it i .._ ? ? 1!r??l?•?! .z 2010 FEB 19 AN I I: II' i JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadamsCvgmail.com MATTHEW BROWNEWELL, Plaintiff vs. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 3510 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Kylie Brownewell, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Kylie Brownewell, (hereinafter referred to as "Mother") is the Defendant in the above-captioned matter, and is an adult individual currently residing at 1431 McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Matthew Brownewell, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and is currently residing at 19 Hidden Noll Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. This matter concerns the following child: Madison Brownewell, born December 28, 2004. 4. The parties are subject to an Order of Court dated December 2, 2008, which was a result of the parties' agreement. 710, oa PQ a4l LIB ? ??a-? 5. Since the entry of the prior Order, there has been a substantial change of circumstances in that: (a) The child will be attending kindergarten in the fall of 2010 and the current shared schedule would be difficult to maintain during the school year. (b) Mother has moved to a different residence. (c)Father has indicated that he would agree to a new arrangement, which better suits the schedules of the parties. 6. Mother is requesting that the current custody Order be modified. 7. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the child. 10. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure the child's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Date: q r)IIb 7 ,d ne Adams, Esquire 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Respectfully suh VERIFICATION I verify that the statements made in this Petition 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: Kylie ownewell, Petitioner MATTHEW BROWNEWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KYLIE BROWNEWELL DEFENDANT 2005-3510 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 24, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 23, 2010 at 1:00 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 he 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/ John . Man an r. Es. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF THE PROTHO??QRRY 2010 MAR -I PM 3: 05 CUP?i w. 4. a: J JN'TY PEN P v ti i Y I. .VAN A el? Zy nr MATTHEW BROWNEWELL IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3510 Civil Term KYLIE BROWNEWELL, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW COMES the Petitioner, Jane Adams, Esquire, and files the above- referenced Petition and represents that: 1. Petitioner is Jane Adams, Esquire, (hereinafter "Counsel"), an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania, having a principal place of business located at 17 W. South St., Carlisle, Pa. 17013 2. Petitioner is currently attorney of record for Kylie Brownewell, Defendant, (hereinafter "Mother"), in the above-captioned matter, 3. Plaintiff, Matthew Brownewell, (hereinafter "Father") is currently represented by Jennifer Spears, Esquire. 4. On or about July 17, 2008, Counsel and Mother entered into a fee agreement, pursuant to a prior conciliation and divorce. 5. The fee agreement provided that Counsel may discontinue services if payment is not made. 6. A full day hearing regarding custody is scheduled before this Honorable Court for Thursday, August 5, 2010 at 9:30 a.m. 7. On or about June 29, 2010, Counsel set Mother an updated Fee Agreement and Proposal. 8. Since sending the agreement, Mother contacted Counsel to indicate she would not be able to continue honoring the fee agreement in place or sign the new agreement. 9. Counsel anticipates up to seven hours in court and up to eight hours of preparation for the upcoming court date. 10. Counsel does not fee she can adequately prepare or adequately represent Mother if she is not being compensated in accordance with the parties' previous fee agreement. 1.1. Mother was consulted regarding Counsel's withdrawal of appearance and she understands and consents. 12. Counsel has prepared Mother's file and will be providing all relevant materials to Mother this week. 13. Father's counsel, Jennifer Spears, Esquire, was consulted and does not object to the withdrawal. 7. This matter was previously assigned to Judge Oler. WHEREFORE, Jane Adams, Esquire requests permission to withdraw her appearance from the above-captioned matter. Respectfully Submitted, p.~, ~laol to J n Adams, Esquire .D. No. 79465 17 .South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER CERTIFICATE OF SERVICE AND NOW, this July 20, 2010, I, Jane Adams, Attorney for Kylie Brownewell, hereby certify that a copy of this PETITION is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Jennifer Spears, Esquire 10 East High St. Carlisle, Pa. 17013 FATHER'S ATTORNEY Kylie Brownewell 1431 McClure's Gap Road Carlisle, Pa. 17015 DEFENDANT ,d'an Adams, Esquire I.D. 0. 79465 17 .South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER S JUI 21 2~f ~ MATTHEW BROWNEWELL IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3510 Civil Term KYLIE BROWNEWELL, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW, this ~ day of ,~ , 2010, upon consideration of the within Petition, Jane Adams, Esquire, counsel for Plaintiff, is permitted to withdraw as counsel for Kylie Brownewell. cc: Jennifer Spears, Esquire 'Jane Adams, Esquire vK~/,~c Qro~ner~el/ (~ p; ~s /K.a; led 7~~a/i0 ~,~G c? a , ; ~ . -, - -- ;my r -_' r ~, n-A G N ~T ~i_ - --) ~':, ~~~ BY THE COURT: FIB ~ `~ , Q~ 3'.t~ G ' Cu"y~ ~ A,~ ~ ' ~. . . ^ SANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com --------------------------------------- MATTHEW BROWNEWELL, Plaintiff vs. KYLIE BROWNEWELL, Defenrdant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 3510 Civil Term CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Kylie Brownewell. oa~e ~ /23(~d C Respectfully Submitted: J e Adams, Esquire . . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 JUL 212010 } MATTHEW BROWNEWELL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3510 Civil Term KYLIE BROWNEWELL, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW, this ~~' S day of , 2010, upon consideration of the within Petition, Jane Adlams, Esquire, counsel for Plaintiff, is permitted to withdraw as counsel for Kylie Brown well. BY THE COURT: ~s~ jd ~i~ ~,~ - J. ~~XC cc: Jennifer Spears, Esquire Jane Adams, Esquire MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KYLIE BROWNEWELL, Defendant CIVIL ACTION -LAW NO.OS-3510 CIVIL TERM ORDER OF COURT AND NOW, this 9~' day of August, 2010, upon consideration of Defendant's Petition for Modification of Custody, filed February 19, 2010, with respect to the parties' child, and following a hearing held on August 5, 2010, it is ordered and directed as follows: 1. The custodial terms of the order of court dated May 9, 2010, shall remain in full force and effect, except as modified hereafter; 2. Neither party shall inflict corporal punishment upon the child, nor permit the child to be subjected to corporal punishment; and 3. The parties' child shall attend school in the Big Spring School District. BY THE COURT, ~' ,~ ~' ~iC. J. esley Ol z; Jr. / Jennifer L. Spears, Esq. ~~'_'- 10East High Street =~' ~ `-' '-` Carlisle, PA 17013 _~ ~ ;., Attorney for Plaintiff ~--- ~1 c`= vKylie M. Brownewell ~ 1431 McClure's Gap Road J ~_° ~ ~- ' _ Carlisle, PA 17015 # W ~` Defendant, pro Se C't>Py ,~,.Q,: Ica' ffi%o :rc ~~. MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2005-3510 CIVIL TERM KYLIE BROWNEWELL, Defendant IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 5th day of August, 2010, upon consideration of Defendant's Petition for Modification of Custody with respect to the parties' child, Madison Brownewell (date of birth, December 28, 2004) and following a hearing, the record is declared closed, and the matter is taken under advisement. ~ Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiff / Kylie Brownewell 1431 McClures Gap Road Carlisle, PA 17013 Defendant, pros e :mae ~p~es tM.Q.'l~c+' ~~i~ ~id By the Court, MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-3510 CIVIL TERM Assigned Judge IN CUSTODY Hon. J. WesleycQleor. cn c _CS W `*1 M :r m rn M OF CUST jOY ;° s"- CD PETITION FOR MODIFICATION Esquire, respectfully represents, as follows: .? F TO THE HONORABLE, THE JUDGES OF SAID COURT:' The Petition of KYLIE BROWNEWELL by her attorney, Wayne . §&de' 1. Petitioner KYLIE BROWNEWELL is an adult individual and the Mother herein who resides at 1431 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent MATTHEW BROWNEWELL is an adult individual and the Father herein who resides at 230 Horseshoe Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. On May 7, 2010, your Honorable Court in the person of the Honorable J. Wesley WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Oler, Jr., J., entered an Order herein, a true copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 4. On November 8, 2010, Respondent was convicted in a bench trial before the Honorable Edward E. Guido, J., of indecent assault of a person less than 16 years of age, indecent assault without consent, and corruption of minors. 5. Respondent is scheduled for sentencing on February 8, 2011, and Petitioner believes and therefore avers that Respondent will be sentenced to incarceration. 6. Petitioner requests that Your Honorable Court award the following relief: (a) Primary legal and physical custody of the child to Petitioner; (b) Transfer of the schooling of the child from the Big Spring School District to the Carlisle Area School District; (c) Implementation of the provisions of 23 Pa.C.S. § 5303 regarding conviction of the enumerated criminal offences; and (d) Supervised partial custody of Respondent with the child. 7. Petitioner believes and therefore avers that the experience under the existing Order WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 indicates that the requested modifications would serve the best interests and general welfare of the child for the following reasons: -2- (a) The child would be protected from Respondent's sexual misconduct; and (b) The child would have more stability living with the mother who is available to meet the needs of the child as a stay-at-home mother. 8. In filing this petition, counsel for Petitioner is entering his appearance for Petitioner specially for the limited purpose of resolution of the issues of custody as a result of the incarceration of Respondent and at the trial court level only. WHEREFORE, Petitioner requests that your Honorable Court modify the existing Order as requested hereinabove. 1??114t Wayne F. ade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- I verify that the statements made in this Petition for Modification of Custody 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: February A , 2011 Kylie WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MAY 0 5 2010 MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 744 day of May 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custod Conciliation Conference. A Custody Hearing is hereby scheduled on the day of , 2010 at dam/pin Courtroom number 1 in the Cumberland Cou y Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. Legal Custody: The Father, Matthew Brownewell, and the Mother, Kylie Brownewell, shall have shared legal custody of Madison Brownewell, born 12/28/2004.1 The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terns of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent'', shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Father and Mother shall arrange physical custody of the Child as follows on a repeating two week schedule: a. Commencing August 2, 2008, Father shall have physical custody of the Child from noon on Sunday until Wednesday August 5, 2008 at noon. b. Commencing August 9, 2008, Father shall have physical custody of the Child from noon on Sunday until Thursday August 12, 2008 at noon. C. The custodial parent shall transport the Child for the exchanges to the other parent's residence; however, should this arrangement not work out to the parents' mutual satisfaction, the parents shall exchange custody at the North Middleton Police Station at the designated times. It is understood that an appropriate third party representative for a parent may also transport the Child for the exchanges. EXHIBIT "A" d. The parents may alter said schedule as necessary or proper by mutual agreement. 5. The non-custodial parent shall have liberal telephone contact with the 'Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed. Each parent shall have the option to take two uninterrupted ten-day vacation times with the Child per year. The requesting parent shall notify the other parent by 'March 1 of each year of the requested vacation period. This vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours -of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other' parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the Child to the other party (without a reasonable explanation), the non-custodial party may contact the local or state police to enforce this custody order. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: Jane Adams, Esq. TRUE C FROM RECORD In Testimony whereof, l here unto set my hand Jennifer Spears, Esq, and the I of oaid Cogrt at Carlisle, Pa. John J. Mangan, Esq. This. 21' day, of_( j, , 20 L- . / ?? ttw ?y ( Pro HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half Mother until 2:00 pm on Easter Mother Mother Sunda Easter Day 2 Half Father from 2:00 pm on Easter Father Father Sunday Memorial Day Father Father Independence Day From 8 ain until 8 m Father Mother Labor Day Father Father Thanksgiving 1St Mother has until 2:30 pm and shall Mother Mother Half take the Child to Father's house Thanksgiving 2n From 2:30 pm until the day after Father Father half Thanksgiving at 2:30 pm at which time Father shall bring the Child to Mother's house. Christmas 1St Half From noon on 12/24 to noon on Mother Mother 12/25 Christ 'as 2n Half From noon on 12/25 until noon on Father Father 12/26 New Year's day From 8 am until 8 pm Father Mother Mother's Day Until 8 pm when Mother takes child Mother Mother to Father Father's Day From 9 am when Mother takes Child Father Father to Father Birthday 8:00 am until 8:00 m Mother Father MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPQRT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Brownewell 12/28/2004 Mother and Father 2. A Conciliation Conference was held with regard to a petition for special relief and contempt filed by Father on July 30, 2008, an Order was issued August 4, 2008, a status conference was held November 14, 2008, an Order was issued December 02, 2008 and a conciliation conference was held April 26, 2010 with the following individuals in attendance: The Mother, Kylie Brownewell, with her counsel, Jane Adam's, Esq. The Father, Matthew Brownewell, with his counsel, Katie Maxwell, Esq. 3. Mother's position on custody is as follows: Mother requests a modification of the current custody situation so that the Child may attend school in the district where she resides. Madison will begin kindergarten in the fall and Mother wants the Child to attend Bell Aire Elementary. Mother indicates that she is a say at home mother for the subject Child and an eight year half- sister. Mother would like to have custody mainly throughout the week so that the Child has a consistent schedule. Mother indicated that she would be flexible in regard to trying to maximize Father's time with Madison and offered every weekend to Father with the possibility that Father would have shared or even primary custody during the summertime. Additionally, Mother indicated that she would assist Father transporting the Child to or from school when the Child was to be in Father's custody. Mother also indicates that she has some concerns regarding Children and Youth involvement (which concerns were unfounded in regard to Father and Madison) and possible charges against Father and his girlfriend. 4. Father's position on custody is as follows: Father requests that the status quo remain in place, with a shared physical custody arrangement. Father is adamant that he has at least the same amount of time with Madison that Mother has. Father requests that Madison attend school where he is going to reside, which is in the Big Spring School District. Father indicates that his work schedule would make it almost impossible for him to be able to'pick Madison up from school if Madison attends in the Carlisle School District. However, if Madison were to attend Big Spring, a bus would transport Madison to and fi•om school and that there is someone to assist him when Madison is done with school. Father asserts that the Child is doing very well in his care and he does not want to alter the current custodial situation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. d Date John J. n , Es uire Custod Conciliator MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 05-3510 CIVIL TERM KYLIE BROWNEWELL, : Assigned Judge: Hon. J. Wesley Oler, Jr. Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PA UPERIS TO: David D. Buell, Prothonotary Please allow Defendant KYLIE BROWNEWELL to proceed in forma pauperis. The Cumberland County Bar Association indicates that Defendant is unable to pay WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 the costs, and free legal services are being provided to Defendant by the undersigned. Date: February 2, 2011 - 141, /cCZ & Wayne F hade, Esquire - Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 c `--.) Attorney for Defendant zM r r' rrn : -? D r o (n C:r ?p 3 Tt , Qlc) ,. FAFB.ESTlients\13090 Brownewell\13090.1\13090.1.motion to withdraw 1.1LE0-0FFKr L: _ T.117 i J 1 Hf l 'i 1, i 'T' F t ?'. ,•Ie 20 11 FEQ 14 PEA 1: 2 2 :1JMBERL.A B i;Ui l P( r'EN SYL.VA111 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3510 CIVIL ACTION - LAW IN CUSTODY MOTION TO WITHDRAW AS COUNSEL AND NOW, comes MARTSON LAW OFFICES, who petitions this Court for leave to withdraw as counsel for Plaintiff, Matthew Brownewell, in the above-captioned matter and in support thereof avers as follows: 1. Plaintiff is Matthew Brownewell and is currently represented by Jennifer L. Spears, Esquire, of Martson Law Offices. 2. Defendant is Kylie Brownewell and she is represented by Wayne Shade, Esquire. 3. Petitioner Jennifer L. Spears, Esquire, of Martson Law Offices began representing Plaintiff in July, 2008, for custody and divorce matters. 4. Plaintiff currently has a significant balance owed to Petitioner, some of which has been owed for over six months. 5. A custody conciliation conference has been scheduled for March 4, 2011. 6. Petitioner cannot continue representing Plaintiff with a significant balance due as more fees and expenses will be incurred for the preparation and attendance of the upcoming custody conciliation conference. 7. Petitioner wishes to withdraw her representation of Plaintiff in the above action. 8. Petitioner has informed counsel for Defendant, Wayne Shade, Esquire,of her intention to withdraw as counsel and he has no objection. 9. The Honorable J. Wesley Oler, Jr., has issued Orders in this action. WHEREFORE, Martson Law Offices respectfully requests this Honorable Court to grant her Motion to Withdraw Representation as Counsel of Plaintiff in the above matter. MARTSON LAW OFFICES Jenni er Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Z 1 q Attorneys for Defendant Date: ? VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Na4---) Jennife . Spears, Esquire Dated: Z d? << CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Withdraw served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Mr. Matthew Brownewell 230 Horseshoe Road Carlisle, PA 17015 MARTSON LAW OFFICES GBy Tricia . ckenroad Ten East igh Street Carlisle, PA 17013 (717) 243-3341 Dated: February 14, 2011 F:\FILES\Clients\13090 Brownewell\13090.1\13090. Lmotion to make rule absolute Pv Jennifer L. Spears, Esquire m rT1, r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 73 _ rn MARTSON LAW OFFICES I.D. 87445 10 East High Street _ V Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3510 CIVIL ACTION - LAW : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes MARTSON LAW OFFICES, and files this Motion to Make Rule Absolute and in support thereof, states as follows: 1. Petitioner-Attorney filed a Petition to Withdraw Appearance on or about February 14, 2011, requesting this Court to withdraw her appearance as counsel for Plaintiff Matthew Brownewell. 2. In a Rule to Show Cause entered on February 16, 2011, this Court granted the Plaintiff and Defendant's counsel five (5) days to file a response to the Petitioner-Attorney's Petition. 3. The Petitioner-Attorney served the Rule on Plaintiff and Defendant's counsel on or about February 18, 2011. 4. Plaintiff executed a Consent to the withdrawal of Petitioner -Attorney. Said Consent is attached hereto as Exhibit "A." 5. To date, neither Plaintiff nor Defendant's counsel have filed a response to this Court's Rule with the Prothonotary. 6. The Honorable J. Wesley Oler, Jr., has issued Orders in this action. WHEREFORE, Jennifer L. Spears, Esquire, of MARTSON LAW OFFICES respectfully requests this Honorable Court to grant her Motion to Make Rule Absolute to allow her to withdraw as counsel of record for Plaintiff in the above matter. MARTSON LAW OFFICES sy i Jennifer L. S ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ? ? 11 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ?. NO. 05-3510 CIVIL ACTION - LAW KYLIE BROWNEWELL, Defendant IN CUSTODY CONSENT I consent to the withdrawal of my counsel, Jennifer L. Spears, Esquire, of Martson Law Offices. Matthew Brownewell EXHIBIT "A" VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. enn L. PSpe?ar?s, Esquire /I ? ( ( Dated: "1 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Mr. Matthew Brownewell 230 Horseshoe Road Carlisle, PA 17015 MARTSON LAW OFFICES By Tri ' Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4 ?6 i MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3510 CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this Z? day of f( ?, , 2011, upon consideration of the Petitioner- Attorney's Motion to Make Rule Absolute, it is hereby Ordered that Petitioner, Jennifer L. Spears, Esquire, of Martson Law Offices is granted leave to withdraw as counsel, and hereby is withdrawn as counsel for Plaintiff, Matthew Brownewell. cc: ?Jennifer L. Spears, Esquire - Attorney for Plaintiff ? Wayne Shade, Esquire - Attorney for Defendant ? Matthew Brownewell, Plaintiff P; PS iwao ied a?a?fi? RV16 -, ??_, .:, 2 ) RV TNF. C01 TR T -1 0, MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-3510 CIVIL ACTION LA)@ C) _n KYLIE BROWNEWELL, : IN CUSTODY x? ? rnF Defendant ter- ;;Urn r- ° Prior Judge: J. Wesley Oler, Jr., J. -? p ORDER OF COURT AND NOW this day of A ril 2011 u on consid r ti f th tt h d C' f _ p , p e a on o e a ac e tisto y Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the - & day of , 2011 at 9 am/pm in Courtroom number 1 in the Cumberland C unty ourt of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Matthew Brownewell, and the Mother, Kylie Brownewell, shall have shared legal custody of Madison Brownewell, born 12/28/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of Madison subject to Father's partial physical visitation/custody supervised as follows: a. Father shall have supervised visitation with Madison every Wednesday from 4:00 pm until 8:00 pm with Father and supervisor picking Madison up from school and the parties meeting again at 8:00 pm with Mother picking the Child up from church, Friday from 4:00 pm until 8:00 pm with Father and supervisor picking up from school and the parties meeting at the North Middleton Police Station at 8:00 pm and Sunday from 3:00 pm meeting at the North Middleton Police Station until 8:00 pm with Mother picking up from church. b. If there is no school on a Wednesday or Friday, the parties shall meet at the police station to begin Father's periods. C. Father's supervisors shall be Martie and Glenn Young in the absence of agreement. The parties may select another appropriate supervisor as mutually agreed upon. 5. Madison Brownewell shall attend Mother's school district (Carlisle School District) pending further Order of Court absent agreement otherwise. 6. Father shall undergo an evaluation with a qualified professional to ascertain whether Father poses a risk of harm to Madison based upon his recent criminal conviction. The selected professional shall render a report, recommendation/opinion and testimony to this Court to further determine the appropriate custodial arrangement between Father and Mother. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as mutually agreed. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. If one party refuses or fails after two hours of a regularly scheduled exchange to provide the Child to the other party (without a reasonable explanation), the non-custodial party may contact the local or state police to enforce this custody order. 12. A telephone conference is hereby scheduled with the assigned conciliator April 12, 2011 at 11:00 am. The conciliator shall initiate the call. 13. This Order shall not prejudice Father's custodial position in further litigation if there is a substantial change in Father's current criminal issues. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Robert Cullen, Esq. Wayne Shade, Esq. John J. Mangan, Esq. C? 4 « a MATTHEW BROWNEWELL, Plaintiff V. KYLIE BROWNEWELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3510 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Madison Brownewell 12/28/2004 Currently in the Custody of Mother and Father 2. A Conciliation Conference was held with regard to a petition for special relief and contempt filed by Father on July 30, 2008, an Order was issued August 4, 2008, a status conference was held November 14, 2008, an Order was issued December 02, 2008, a conciliation conference was held April 26, 2010, an Order issued May 07, 2010, an Order issued after hearing August 05, 2010 and a conference was held March 16, 2011 with the following individuals in attendance: The Mother, Kylie Brownewell, with her counsel, Wayne Shade, Esq. The Father, Matthew Brownewell, with his counsel, Robert Cullen, Esq. 3. Mother's position on custody is as follows: Mother requests a modification of the current custody situation based upon Father's recent trial and criminal conviction. Mother requests that Father only have supervised contact with his daughter pending an evaluation and further hearing and Order of Court. Mother also requests that Madison attend her school district rather that Father's, where Madison currently attends. 4. Father's position on custody is as follows: Father requests that the status quo remain in place, with a shared physical custody arrangement. Father is adamant that he is not a threat to the welfare of his daughter and indicates that there is a PCRA hearing in the beginning of April 2011 asking for a new trial. Father requests that the assigned conciliator schedule a telephone conference soon to get an update on possible "supervisors" and whether the supervision is necessary per the outcome of the PCRA hearing. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. ?- 2A Date jCuod g Esquire onciliator MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL- AtgA V. : NO.05-3510 CIVIL ACTION LAW -- KYLIE BROWNEWELL, : IN CUSTODY "CZ Q 4 Defendant r- o - n g-n te C v to -a z o , MOTION TO CONTINUE CUSTODY HEARING AND NOW, comes Matthew Brownewell, by and through his counsel, Robert A. Kulling, Esquire and in support of his Motion to Continue Custody Hearing avers as follows: 1. A Custody Hearing is scheduled for July 7, 2011, for the above captioned matter. 2. Undersigned counsel recently received Defendant's risk assessment report and needs more time to review said report. 3. Undersigned counsel's expert witness will be unavailable to testify on July 7, 2011. 4. The Commonwealth will not be prejudiced by the continuance. 5. Wayne Shade, Esquire, the defendant's attorney, has been contacted and he does not concur with this continuance request. Date: a'01' Respectfully submitted, ROMINGER & ASSOCIATES RobertA. K , Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Plaintiff MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 05-3510 CIVIL ACTION LAW KYLIE BROWNEWELL, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, do hereby certify that I served a copy of the Motion upon the following, addressed as follows: Wayne Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 VIA FACSIMILE: 717-249-0017 Dated: ra$ Respectfully submitted, ROMINGER & ASSOCIATES OA(e)le- Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Defendant MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA rz C= V. :NO. 05-3510 CIVIL ACTION LAW -a= - s-n c. KYLIE BROWNEWELL, : IN CUSTODY v Defendant ?a =r-J ?rn w AMENDED MOTION TO CONTINUE CUSTODY HEARING AND NOW, comes Matthew Brownewell, by and through his counsel, Robert A. Kulling, Esquire and in support of his Motion to Continue Custody Hearing avers as follows: 1. A Custody Hearing is scheduled for July 7, 2011, for the above captioned matter. 2. Undersigned counsel recently received Defendant's risk assessment report and needs more time to review said report. 3. Undersigned counsel's expert witness will be unavailable to testify on July 7, 2011. 4. The Commonwealth will not be prejudiced by the continuance. 5. A Motion to Continue was originally filed on June 28, 2011. 6. Undersigned Counsel was under the mistaken belief that Wayne Shade, Esquire, the defendant's attorney, was contacted and he did not concur with this continuance request. 7. Undersigned counsel has been informed that Defendant's counsel would consent to a continuance. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's request for a continuance. Date: bf Respectfully submitted, ROMINGER & ASSOCIATES A Robert A. Kulli squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Plaintiff MATTHEW BROWNEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 05-3510 CIVIL ACTION LAW KYLIE BROWNEWELL, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, do hereby certify that I served a copy of the Motion upon the following, addressed as follows: Wayne Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 VIA FACSIMILE: 717-249-0017 Respectfully submitted, ROMINGER & ASSOCIATES A -Y Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 // Attorney for Defendant Dated: to ?? J MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KYLIE BROWNEWELL, Defendant CIVIL ACTION - LAW NO.05-3510 CIVIL TERM ORDER OF COURT AND NOW, this 29`h day of June, 2011, upon consideration of Defendant's Motion To Continue Custody Hearing, and the court's calendar being unable to accommodate a rescheduled hearing prior to October, 2011, the motion is denied. BY THE COURT, Robert A. Kulling, Esq. i C ?fL J. Wesley Oler, Yr. J. 155 South Hanover Street _ Carlisle, PA 17013 w °- Attorney for Plaintiff rn ==" ac -urn V Wayne Shade, Esq. e ? °. {°+ 53 West Pomfret Street za s ? Carlisle, PA 17013 XZ5 Attorney for Defendant E sq. John J. Mangan, Custody Conciliator C rc ?p /na led A-PlL MATTHEW BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KYLIE BROWNEWELL, Defendant CIVIL ACTION - LAW NO. 05-3510 CIVIL TERM ORDER OF COURT AND NOW, this 29`x' day of June, 2011, upon consideration of Plaintiff's Amended Motion To Continue Custody Hearing, and with no objection from Wayne F. Shade, Esq., attorney for Defendant, the hearing previously scheduled for July 7, 2011, is continued to Monday, October 24, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Robert A. Kulling, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Y Wayne Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant V John J. Mangan, Esq. Custody Conciliator c rna' z? ?CS Zo I'B'C w c? x? ca w CD a-=i := F Or l D --CT9Fr*dfff;FH-=WmI :rc eo p; es led b130111 BY THE COURT,