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HomeMy WebLinkAbout05-3740RACHEL BROWNE, Plaintiff JOSEPH BROWNE VS. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. P,)' - .3 74/o C+.r.-L Jl>^? CIVIL ACTION - CUSTODY ti Cus+c6y Corip Cal (-4- E Plaintiff is Rachel Browne whose current address at 836 Highland Court Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is the natural Mother of the Minor Child, as identified and defined in paragraph 3 below. 2. Defendant is Joseph Browne whose current address is 3714 Wynnewood Drive, Greensboro, North Carolina 27408. Defendant is the natural Father of the Minor Child identified in paragraph 3 below. 3. The child who is the subject of this proceeding is Joshua Browne (the "Minor Child"born September 23, 1998). The Minor Child was born prior to the marriage of Plaintiff and Defendant. 4. During the past six (6) years the Minor Child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Mother Dilsburg, PA Sept. 1998 - Nov. 1999 Mother and Father Greensboro, NC Dec. 1999 -March 2000 Mother and Father Allentown, PA April 2000 - Jan. 2001 Mother and Father Phoenixville, PA Feb. 2001- Feb. 2003 Mother Phoenixville, PA Feb. 2003 - Sept. 2003 Mother Mechanicsburg, PA Sept. 2003 - present 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, other than as captioned above. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 6. The best interest and permanent welfare of the Minor Child will be served by granting the relief requested because the Petitioner can provide a stable, safe, and secure environment and can provide for the children's emotional, psychological and spiritual needs. Further, the child views the Petitioner as a source of stability, a source of love, and a source of emotional support. 7. In mid June 2005 Defendant took the Minor child for summer vacation. The parties had previously agreed that Defendant would have the Minor Child until July 24, 2005. 8. Defendant has been exercising his period of summer vacation with the Minor Child at his parent's house which is located at P.O. Box 50, Valleylee, Maryland 20692. 9. Plaintiff contacted Defendant to confirm arrangements for the exchange of the Minor Child on July 24, 2005. Defendant is now indicating that he will not be returning the Minor Child to Plaintiff as agreed. 10. Plaintiff believes and therefore avers that Defendant will maintain physical custody of the Minor Child indefinitely without intervention from this Honorable Court. 11 . Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff, Rachel Browne, respectfully requests this Honorable Court to grant immediate custody of the Minor child to, Plaintiff, Rachel Browne, grant Plaintiff immediate physical custody of Joshua Browne and such other Orders as are deemed just and proper. Date: l X-V 5 Respectfully submitted, VAN ECK & VAN ECK, P.C. Y Melissa . Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd. Suite B. Harrisburg, PA 17112 (717)540-5406 VERIFICATION ?rI,?R?achel Browne, verify that the statements made in the foregoing 5 5 f i is`huue and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404, relating to unswom falsification to authorities. Date: /' ?i t?? Rachel Browne ?? ?°? 1 ^ .1 .-V ? ? ri i1 ?? ?? ?? ? ?„`? , ? r ? "??` l ^, ? ?rT1 ? . ? ? i...? y ? ( 1 4 ` ? ? V1 W ? 1 ? ?? ? "`?.. RACHEL BROWNE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE, DEFENDANT 05-3740 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2005, a Rule is issued upon defendant, Joseph Browne to show cause, if any he has, why plaintiff's emergency petition for custody should not be granted. Rule returnable at a hearing in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 11:00 a.m., Tuesday, August 2, 2005. :sal ay Edgar B , J. 0 '< ?v +?= ' _ i C. „??. '' , 4' 3 ?,? r, -i: raj" t tS? .7` {`.: 3- i ==j t-• 41_ ,? ? , ?7 RACHEL BROWNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE DEFENDANT 05-3740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 27, 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 4tb Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 30, 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: /s/ acqueAne M. Verney, Esq. y? 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 w4 L;o RECE!`.'ED S ° r? P) 20C? RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL TERM JOSEPH BROWNE, ; CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this V day of 2005, upon consideration of the attached Custody Conciliation eport, it is or eyed and directed as follows: 1. The Mother, Rachel Browne, and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23„ 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. parties. 3. Father shall have periods of partial physical custody as agreed by the cce.lissa L. Van Eck, Esquire, Counsel for Mother seph Browne, pro se 3714 Wynnewood Drive ^ Greensboro, NC 27408 J Q.c`?ep' l??l ?O? FILDD -- E OF THE t'.'f a qqy 2005 SEP -6 AM it. 42 RECE!VED Dr C g'05 ? RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRE-NTLY IN CUSTODY OF Joshua Browne September 23, 1998 Mother 2. A Conciliation Conference was held in this matter on August 30, 2005, with the following individuals in attendance: Mother's counsel, Melissa L. Van Eck, Esquire. Neither Mother, Rachel Browne, nor Father, Joseph Browne appeared. 3. The Honorable Edgar B. Bayley entered a Rule to Show Cause why Mother's emergency petition should not be granted on July 25, 2005. Said Rule was returnable at a hearing scheduled for August 2, 2005. Said hearing was cancelled because Father returned the child. 4. Mother's counsel requested an Order in the form as attached. Date cqu me M. Verney, Esquire Custody Conciliator 7 RACHEL BROWNE, Plaintiff vs. JOSEPH BROWNE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3740 CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER The Petition to Modify Custody Order of Rachel Browne, by and through her counsel, Van Eck & Van Eck, P.C., for Custody of Joshua Browne is as follows: Petitioner is Rachel Browne ("Petitioner") who currently resides at 836 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Respondent is Joseph Browne ("Respondent') whose current address is 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. The child who is the subject of this proceeding is Joshua Browne, age seven (7) years, born to the Petitioner and Respondent on September 23, 1998. 4. On September 6, 2005, an Order was entered granting Petitioner and Respondent with shared legal custody and Petitioner primary physical custody of the subject of the minor child. Said Order further granted Respondent periods of partial physical custody as agreed on by the parties. A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "A". 5. Petitioner requests an Order modifying custody of the minor child such that disagreements regarding custody between Petitioner and Respondent might be fully addressed. WHEREFORE, Rachel Browne, respectfully requests this Honorable Court to modify the existing Order of Custody to more fully address disagreements regarding custody between the parties to this matter, pending the regular Custody Conciliation procedure and such other Orders as are deemed just and proper. Date: -di" Respectfully submitted, VAN ECK & VAN ECK, P.C. l Melissa . Van Eck, Esquire I.D. #85869 P. O. Box 6662 Harrisburg, PA 17112 Telephone: (717) 540-5406 Attorney for Petitioner VERIFICATION I, Rachel Browne, verify that the statements made in the foregoing PETITION TO MODIFY CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: _A .' 4" ? U" ? J11 x`11- i R hel Browne ? ? i \O^} (vet ? i t v O ? ' ?.•?? ? ? ?L? RACHEL BROWNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE DEFENDANT 05-3740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, -Friday, February 24, 2006 , upon consideration ofthe artached 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, March 23, 2006 at 9:30 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 hearinLr. FOR THE COURT. By: lsl ?cquebne M. Verney, Bsq_; j ?_ Custody Conciliators 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 k-v MAY 0 5 2006 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS Off" Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -!?I- day of MPA , 2006, upon consideration of the attached Custody Conciliation Report, 1% is ordered and directed as follows: The prior Order of Court dated September 6, 2005 is hereby vacated. 2. The Mother, Rachel Browne and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides. Additionally, the child will be exposed to limited practices of the parents' religions as the parties agree. 3. During the school year, Mother shall have primary physical custody of the child. 4. During the school year, Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree. 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. 6, Holidays shall take precedence over the preceding schedule. 7. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 8. Mother shall always have physical custody of the child on Easter and Christmas Eve to Christmas evening. 9. Father shall always have physical custody of the child on Thanksgiving and from Christmas Day in the evening to New Year's Day, at times agreed by the parties. 10. July 4a' shall be alternated by the parties from year to year. Father shall physical custody of the child on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week, the calls shall be between 5:00 p.m. to 8:00 p.m. 12. This Order is entered pursuant to an agreement of the parties at 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. 06 0 ?o rn v N ? cc: Rachel Browne, pro se 836 Highland Court Mechanicsburg, PA 17050 Joseph Browne, pro se 3714 Wynnewood Drive Greensboro, NC 27408 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Browne September 23, 1998 Mother 2. A Conciliation Conference was held in this matter on May 4, 2006, with the following individuals in attendance: Mother, Rachel Browne, pro se and Father, Joseph Browne, pro se. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 6, 2005 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody as the parties agreed. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator RACHEL BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740 Civil Term CIVIL ACTION - LAW CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Rachel Browne, Plaintiff in the above-captioned action, and Mother of the minor child, with a current address of 836 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Respondent is Joseph Browne, Defendant in the above-captioned action, and Father of the minor child, with a current address of 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. The Petition of Rachel Browne respectfully represents that on the 9th day of May, 2006, an Order of Court was entered for the custody and visitation of the subject minor child, Joshua Browne (dob 9/23/98), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. It is believed, and therefore averred, that the Respondent is unrepresented. 5. This Order should be modified because: A. Defendant/Father's residence being in Greensboro, North Carolina has resulted in the schedule, as contained in the existing Order, not being followed. B. The entry of an Order which can be followed, given the distance between the parties, and which can be relied upon, is in the best interest of the minor child. C. The anticipated schedule for the upcoming summer is unreasonable, given the distance between the parties and should be altered in order to lessen the extended periods of time in which the child will be separated by either or both parents. w WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation. Respectfully submitted, G, P. f--. Date: k AAA, Intnt. mg, squ e P. OBox 984 Harrisburg, PA 17108 (717) 236-8000 lrr ,? N. Second Street house Suite VERIFICATION I, Rachel Browne, hereby acknowledge that I am the Petitioner in the foregoing action; lliat i have read the roregoing Petition for Modification of a Custody Ordcr; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of is 11a. C.S. Seetion 4904, relating i() unsworn falsification to authorities. ;v Zack 13rownc Dated, ?? EY,Nbt+ A 2 s MAY 0 5 2006 113y: RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2005-3740: 'CIVIL 'TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of _gAlz , 2006, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 6, 2005 is hereby vacated. 2. The Mother, Rachel Browne and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides. Additionally, the child will be exposed to limited practices of the parents' religions as the parties agree. 3. During the school year, Mother shall have primary physical custody of the child. i? 4. During the school year, Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree. 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. 6. Holidays shall take precedence over the preceding schedule.. 7. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 8. M0- ther-shall -always have physicalcustody of the child on. Easter and Christmas Eve to Christmas evening. 9. Father shall always have physical custody of the child on Thanksgiving and from Christmas Day in the evening to New Year's Day, at times agreed by the parties. 10. July 4th shall be alternated by the parties from year to year. Father shall physical custody of the child on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week, the calls shall be between 5:00 p.m. to 8:00 p.m. 12. This Order is entered pursuant to an agreement of the parties at 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, !n T.,c s? E gar B. B ley, a cc: Rachel Browne, pro se 836 Highland Court Mechanicsburg, PA 17050 Joseph Browne, pro se 3714 Wynnewood Drive Greensboro, NC 27408 RACHEL BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-3740 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as o11-ow-s: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Browne September 23, 1998 Mother 2. A Conciliation Conference was held in this matter on May 4, 2006, with the following individuals in attendance: Mother, Rachel Browne, pro se and Father, Joseph Browne, pro se. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 6, 2005 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody as the parties agreed. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator 1( W s „? t i 4 iz C rl { FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff RACHEL BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3740 Civil Term CIVIL ACTION - LAW CUSTODY ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the above-captioned Plaintiff, Rachel Browne. 1 Date: W AU -2 Respectfully submitted, FRIEDMAN & KING, P.C. Jo F. King, Esquire ' 0 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ti RACHEL BROWNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE DEFENDANT 05-3740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 24, 2007 , 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 Tuesday, February. 27, 2007 at 9:30 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: /s/ ac ueline M. Verne 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 ILL 'i _? I .C trid, f,Z'IV,C LODZ AZT, .. :a ?,HI FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 E-mail: friedmanandking@hotmail.com RACHEL BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740 Civil Term CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, John F. King, Esquire, hereby certify that on January 25, 2007, I served a copy of the Order of Court and Petition for Modification of a Custody Order, upon the Defendant, by depositing same in the United States Mail, first class, postage prepaid, with a copy by Certified Mail (No. 7004 0750 0002 8071 7929), return receipt requested, addressed as follows: Joseph Browne 3714 Wynnewood Drive Greensboro, NC 27408 The Domestic Return Receipt (green card) has not yet been received. The regular mailing has not been returned, and therefore is deemed to have been received by the Defendant. ly - Date: I 'n rN. Esquij Street arrsurg, A 17108 (7 17) 236-8000 t? ° Q t.?,.? 'ma'r== f cf'N AM S8 207 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL ACTION - LAW JOSEPH BROWNE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this , day of in" , 2007, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in CourtRoom No. a , of the Cumberland County Court House, on the -10?6 day of (IZVO , 2007, at 1.3Z) o'clock, P . M., at which time testimony will be taken. 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 9, 2006 shall remain in full force and effect with the following modifications. 3. Paragraph 2 of the prior Order of Court shall be amended to include the following: The parents agree that the child shall receive counseling from Jim Smith of Capital Area Counseling Services. 4. Paragraph 4 shall be deleted in its entirety and replaced with the following: During the school year, Father shall have partial physical custody on alternating weekends from Friday between 5:00 p.m. and 8:00 p.m. to Sunday between 5:00 p.m. and 7:00 p.m. During transit, Father, or his wife, shall call Mother with the estimated time of arrival. In the event that Father or wife cannot pick up the child on Friday as indicated, the weekend shall be forfeited. In the event that there is a school holiday, Father's weekend shall be extended to Thursday or Monday at the same times as indicated. 5. Paragraph 8 shall be deleted in its entirety and replaced with the following: Mother shall have physical custody of the child for Christmas until December 26. Father shall notify Mother by Christmas Eve what time he will pick up the child on December 26, with a three hour window for arrival time. Father shall have physical 4 custody of the child from December 26 until the day before school begins to be returned between 5:00 p.m. and 7:00 p.m. 6. Paragraph 9 shall be deleted in its entirety and replaced with the following: Father shall physical custody of the child for Thanksgiving from between 5:00 p.m. and 8:00 p.m. the Wednesday before Thanksgiving to Sunday with a return time between 5:00 p.m. and 7:00 p.m. 7. Paragraph 11 shall be deleted in its entirety and replaced with the following: Each parent shall have the right to place a telephone call to the child every day. In the event that the child is unavailable and /or a phone message is left, the custodial parent shall insure that the child returns the telephone call before bedtime. 8. In the event that Father provides air transportation for any of his custodial periods, Mother shall transport the child to BWI Airport, provided Father has given Mother at least 10-day prior notice. However, at no time will the child be taken out of school to accommodate air travel. 9. Neither party shall do or say anything nor permit a third party to do or say anything that may estrange the child from the other party, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. Neither party shall discuss the custodial arrangement with the child or in the child's presence, nor permit a third party to discuss the custodial arrangement with or in the presence of the child. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE Edgar B. Bayley, \"P.J. cc,,,4hn King, Esquire, counsel for Mother eph Browne, pro se 3714 Wynnewood Drive rol? Greensboro, NC 27408 J C -5 C ?r RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL ACTION - LAW JOSEPH BROWNE, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Browne September 23, 1998 Mother 2. A Conciliation Conference was held February 27, 2007 with the following individuals in attendance: The Mother, Rachel Browne, with her counsel, John King, Esquire, and the Father, Joseph Browne, pro se. 3. The Honorable Edgar B. Bayley, President Judge previously entered an Order of Court dated May 9, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, holidays and eight weeks in the summer. 4. Mother's position on custody is as follows: Mother seeks a reduction in Father's 8-week summer custody. Mother asserts that the child wishes to play football and practice begins the last week in July. This would reduce Father's summer physical custodial period to approximately 6 weeks. 5. Father's position on custody is as follows: Father seeks to maintain his 8- week physical custody period indicating that his time with his son is very important to him. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and modifying the prior Order of Court as agreed by the parties at the conciliation conference. It is expected that the Hearing will require one-half day. a 7 0 Date acq e?ine M. Verney, Esquire Cust y Conciliator From: FRIEDMAN & KING, P.C. John F. King, Esquire I D #61919 600 N. Second Street Penthouse Suite P. 0. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-80001Fax: 04/19/2007 10:07 #147 P.003/004 Attorney for Plaintiff (717) 236-8080 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE, Defendant NO, 2005-3740 Civil Term CIVIL ACTION - LAW :CUSTODY STIPULATION AND NOW, this day of , 2007, the Plaintiff, Rachel Browne (hereinafter "Mother"), and the Defendant, Joseph Browne (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor child, Joshua Browne, born on September 23, 1998, it is hereby stipulated as follows: 1. During the school year, Mother shall have primary physical custody of the child. 2. During the school year, Father shall have partial physical custody of the child for purposes of visitation on alternating weekends from Friday between 5:00 p.m. and 8:00 p.m. until Sunday between 5:00 p.m. and 7:00 p.m. Father will provide all transportation for said visits except that, should Father choose to fly the child for said visits, Mother will provide transportation to and from Baltimore Washington International Airport, one time per month, with ten days advance notice to Mother by Father. During transit for each visit, Father or his wife shall call Mother with the estimated time of arrival. In the event that Father or his wife can not pick up the child on Friday during the hours indicated, the weekend shall be forfeited. From: 04/19/2007 10:07 #147 P.004/004 3. During the child's summer vacation, beginning the day school recesses, Father shall have primary physical custody of the child. Mother shall have the right to no more than three weekends during his time, which weekends will be determined by Mother, with at least two weeks prior notice to Father. Father will return the child to the primary physical custody of Mother on July 29, 2007, and in all years thereafter, on the last Sunday in July. 4. The parties shall alternate having partial custody of the child on the Fourth of July, commencing in 2007 when Mother shall have partial custody of the child for the Fourth of July. When Mother has partial custody of the child for the Fourth of July, said holiday shall be deemed to include the weekend closest thereto. 5. All terms contained in the March 1, 2007 Order of Court which are not altered herein, remain in effect. 6. The parties express their consent to the terms and conditions contained herein, and their understanding that this document shall be submitted to the Cumberland County Court of Common Pleas for entry as an Order of Court. Rach Browne Plaintiff ; Attorney for Plainti ?i ?? a 7 Date Date' JFK:ka Joseph Browne, pro r-e Defen t r Pt; 0 2op(n RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 Civil Term JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER AND NOW, this O day of Vq 1, , 2007, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties, are adopted as an Order of Court. DISTRIBUTION: John F. King, Esq., P.O. Box 984, Harrisburg, PA 17108, (717) 236-8000 -/ e-mail: friedmanandking2hotmail.com Joseph Browne, pro se, 3714 Wynnewood Drive, Greensboro, NC 27408 - (336) 324-4718 - e-mail: cooperbrowne .hotmail.com LUC F-^- ? ;,tom LL_ O N RACHEL BROWNE, Plaintiff/Respondent VS. JOSEPH BROWNE, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3740 : CIVIL ACTION -LAW : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW, comes Petitioner/Father, Joseph Browne, by and through his attorney, Diane S. Baker, Esquire, and files this Petition, based upon the following: 1. Respondent, Rachel Browne, is an adult individual residing at 490 Nauvoo Rd. Lewisberry, Pennsylvania. Mother is represented by John King, Esquire. 2. Petitioner (Father), Joseph Browne, is an adult individual residing at 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. Father seeks primary custody of Joshua Browne, born September 23, 1998. The parties are the natural parents of the child who was born of the marriage of the parties. The child is currently in the primary custody of Mother however is with Father for his summer period of partial physical custody. 4. The current Court Order dated March 1, 2007, a copy of which is attached hereto as Exhibit A, provides that the parties share legal custody, with Father having periods of partial physical custody on alternate weekends, including all long-school holiday weekends and the summer vacation period. The Order further provides that Father may provide air transportation for any of his custodial periods and, if so, Mother shall transport the child to BWI Airport to accommodate the air travel. 3 5. Since the filing of the last Petition in this matter, the child has resided with the following persons and at the following addresses: Mother Rachel Browne 490 Nauvoo Rd May 2007- Ben Gaumer Lewisberry, Pa 17339 March, 2008 Mother Rachel Browne unknown March, 2008- Unknown individuals June 9, 2009 Father Joseph Browne 3714Wynnewood Dr. June 9, 2008- Erika Levitan Greensboro, NC 27408 present 6. Respondent Mother is in contempt of the current Order as follows: a. On June 7, 2007, Father was scheduled to pick the child up to begin summer vacation. Father was having medical issues and was not able to travel to Pennsylvania to pick the child up and thus Father requested that Mother take the child to BWI Airport where he would meet the child for a return flight. Mother refused to take the child to the airport. b. On or about Aug 6th 2007, Father notified Mother that he would be traveling by vehicle to Harrisburg where he would pick the child up for a regularly scheduled extended weekend. Mother refused to allow Father to see the child. C. On or about September 15, 2007, Father had reason to travel to Pennsylvania and requested that the child be made available. Mother told him that it was not his regular alternating weekend and he would not be able to see the child. d. On or about October 8`" 2007, Father notified Mother that he would be traveling to Pennsylvania to pick the child up for a regularly scheduled alternating weekend visit. Mother advised that the child would not be made available because she had other plans, e. On or about Dec 1" 2007, Father purchased a round-trip air fare ticket for the child to travel for the Christmas holiday from BWI Airport to RDU-Durham, North Carolina 4 and notified Mother of the travel itinerary. On or about December 24, 2007, Mother notified Father that she would not take the child to the airport for the scheduled visit. Instead, Father was forced to travel by vehicle to Harrisburg to pick the child up and then returned the child via vehicle after the holidays. The air fare ticket money was forfeited. f. On or about March 1St 2007, the parties agreed that the child would travel via air to Father's residence for the Easter Holiday break scheduled to begin on March 19, 2008. Father immediately booked the necessary flight and notified Mother of the itinerary. On or about March 16, 2008, Mother's husband contacted Father and indicated that Mother was ill and they would not be taking the child to the airport. Reservations were cancelled and the ticket was forfeited. g. On or about April 14th 2007, Father notified Mother that he had booked a flight via BWI Airport for the child to travel to visit him. The flight was scheduled to depart on April 25, 2008, and return on April 28th. Mother then notified Father that she would not be taking the child to BWI Airport and wished for the child to fly out of Harrisburg. Father reminded Mother that BWI flights are direct to RDU-Durham, but that all flights out of Harrisburg require connections and layovers which are not feasible for the minor child to travel alone. Mother still refused to allow the visit. h. On or about April 14th 2007, Father notified Mother that he had scheduled a flight for the child to visit him the weekend of May 16, 2008, through May 18, 2008, and provided Mother with the itinerary. On April 17th 2007, Mother notified Father that she would not be taking the child to the airport because Mother would be out of town celebrating her 5 wedding anniversary on that date. Mother further indicated that the child was too busy anyway to visit with his Father. In June, 2008, Father learned that in March, 2008, Mother had separated from her current husband and that she and the child had resided at an unknown address with unknown individuals since that time. Mother failed to notify Father that she and the child had moved and to date has failed to provide Father with a current address or phone number. In June, 2008, Father learned of the move from the child who indicated that he was not supposed to tell his father that they had moved. J. In March, 2008, Father began having more difficulties than usual with phone contact with the child. Father had previously provided the child with a cell phone in order to facilitate phone contact however the phone was turned off most times when Father called and calls were returned very infrequently. The child later told Father that he was not allowed to tell his Father that he and Mother had moved and that his phone contact with Father was limited because Mother feared Father would be told of the move and Mother's lack of a permanent residence. k. To date, Father has not been provided with a current address for the child or an indication where, if returned to Mother's custody in the fall, he will be living and attending school. 7. In addition to Respondent Mother's ongoing failures to comply with the current custody order, Father believes that Mother is currently unable to provide for the needs of the child. Specifically, Mother recently advised Father that she had been having severe mental and physical health issues including a diagnosis of anorexia and that she is taking several 6 prescription tranquilizers because of mental health issues. Father seeks primary physical custody as he believes that he is better able to provide for the best interests of the child. 8. Petitioner has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner does not know of a person not party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. Each parent whose parental rights to the child that has not been terminated and the person who has physical custody of the child has been named as parties to this action. 10. Petitioner requests Respondent be held in contempt and that primary physical custody of the child immediately be transferred to him. The best interest and permanent welfare of the child will be served by granting this relief because Petitioner can provide a safe home and a stable and loving environment for the child and through her actions Respondent has made it clear that she refuses to cooperate or promote Petitioner's relationship with the child. Furthermore, Mother has demonstrated that her personal life is unstable and that she is unable to provide a permanent home for the child. 10. Petitioner has incurred attorney's fees in the amount of Six Hundred ($600.00) Dollars for the preparation of this Petition and attendance at a custody conference and will continue to incur costs and expenses. Also, Petitioner has forfeited airline tickets valued at $570.00 as a result of Respondent's unilateral cancelation of visits. 7 WHEREFORE, the Petitioner/Father requests Your Honorable Court issue an Order finding Respondent/Mother in contempt of the current Custody Order and directing sanctions, counsel fees and modification of custody as may be necessary to best address the needs of the child. DATE: 7111?0 K 8 Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I verify that the statements made in this Petition for Contempt and Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. JOSEPH 9 FED S8 2007 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, V. ; NO. 2005-3740 CIVIL ACTION - LAW JOSEPH BROWNE,. Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 131 - da of-4fl,"11 IN ? Y , 2007, upon consideration of the attached Custody Concili on Report, it is ordered and directed as follows: 1. A Hearing is sched led in Court oom o., of the Cumberland County CoRurt House, on the ` day of , 2007, at L,p o'clock, r . M., at which time testimony will b taken. 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 ten days prior to the Hearing date. 2. Pending further Order of Court'or agreement of the parties, the prior Order of Court dated May 9, 2006 shall remain in full force and effect with the following modifications. 3. Paragraph 2 of the prior Order of Court shall be amended to include the following: The parents agree that the child shall receive counseling from Jim Smith of Capital Area Counseling Services. 4. Paragraph 4 shall be deleted in its entirety and replaced with the following: During the school year, Father shall have partial physical custody on alternating weekends from Friday between 5:00 p.m. and 8:00 p.m. to Sunday between 5:00 p.m. and 7:00 p.m. During transit, Father, or his wife, shall call Mother, with the estimated time of arrival. In the event that Father or wife cannot pick up the child on Friday as indicated, the weekend shall be forfeited. In the event that there is a school. holiday, Father's weekend shall be extended to Thursday or Monday at the same times as indicated. 5. Paragraph 8 shall be deleted in its entirety and replaced with the following: Mother shall have physical custody of the child for Christmas until December 26. Father shall notify Mother by Christmas Eve what time he will pick up the child on December 26, with a three hour window for arrival time. Father shall have physical 7 7 , YHIRI } A custody of the child from December 26 until the day before school begins to be returned between 5:00 p.m. and 7:00 p.m. 6. Paragraph, 9 shall, be deleted in its entirety and replaced with the following: Father shall physical custody of the child for Thanksgiving from between 5:00 p.m. and 8:00 p.m. the Wednesday before Thanksgiving to Sunday with a return time between 5:00 p.m. and 7:00 p.m. 7. Paragraph I 1 shall be deleted in its entirety and replaced with the following: Each parent shall have the right to place a telephone call to the child every day. In the event that the child is unavailable and /or a phone message is left, the custodial parent shall insure that the child returns the telephone call before bedtime. 8, In the event that Father provides air transportation for any of his custodial periods, Mother shall transport the child to BWI Airport, provided Father has given Mother at least 10-day prior notice. However, at no time will the child be taken out of school to accommodate air travel, 9. Neither party shall do or say anything nor permit a third party to do or say anything that may estrange the child from the other party, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. Neither party shall discuss the custodial arrangement with the child or in the child's presence, nor permit a third party to discuss the custodial arrangement with or in the presence of the child. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control, cc: John King, Esquire, counsel for Mother Joseph Browne, pro se 3714 Wynnewood Drive Greensboro, NC 27408 `A'WE 'C V - . FRON RECORD In Testlman i ! l; :..:?^ to set my hand slat! -seal o` ,,. `arlisle;. Pa. • - Potwtar? . ,I,- ,. 1 1: T JID 0 6 20RACHEL BROWNS, : IN THE COURT OF COMMON P Plaftwtiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ( day of.. nill , 2006, upon o consideration of the attached Custody ConciliatioP rt, it is ordered and directed as follows: The prior Order of Court dated September 6, 2005 is hereby vacated. 2. The Mother, Rachel Browne and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23, 1998. Each parent shall have an equal right, to be exercised, jointly with the other parent, to make all major non emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical./treatment placating meetings and evaluations with. regard to the nninor child. Each parent shall• he entitled to full and complete information from any physician,, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides. Additionally, the child will be exposed to limited practices of the parents' religions as the parties agree. During the school year., Mother shall have primary physical custody of the child. 4. During the school year, Father, shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree. 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. 6. f-lolidays shall take precedence over the preceding schedule. 7. Mother shall have physical custody of the child on. Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 8. Mother shall always have physical custody of the child on Easter and Christmas Eve to Christmas evening. 9. Father shall always have physical custody of the child on Thanksgiving and from Christmas Day in the evening to New Year's Day, at ti.tnes agreed by the parties. 10. July 41h shall be alternated by the parties from year to year. Father shall physical custody of the ch..ild on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week, the calls shall be between 5:00 p.m. to 8:00 p.m. 12. This Order is entered pursuant to an agreement of the parties at 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, Xv-y Z. . "' iA 'r?: C 11 hand Edgar B. 13 ey, J la ot.13?Parh? . RACHEL BROWNE, Plaintiff/Respondent VS. JOSEPH BROWNE, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2005-3740 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this 1A day of C? _ y , 2008, a true and correct copy of the foregoing document was served on the following person by United States Mail, postage prepaid, addressed as follows: John King, Esquire Friedman & King, P.C. P.O. Box 984 Harrisburg, PA 17108 Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 -7- "a RACHEL BROWNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH BROWNE DEFENDANT 2005-3740 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 Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 25, 2008 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. 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/ Jacqueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 11 ?..h :7 try +t z 1 K&J i .i1.d rki 4L APR ? 9 2009#) RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL ACTION - LAW JOSEPH BROWNE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 291h day of April, 2007, the Conciliator being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac eline M. Verney, Esquire, Cu y Conciliator F(l.F C' i=fUF OF THE- R =,v? HOV,7,ARY 2009 MAY -t, P 1: 2 9 Hynum Law Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 (717) 774-0788 - fax debm ahynumpc.com Attorney for Petitioner / Defendant Joseph Browne RACHEL BROWNE, Plaintiff / Respondent _v_ JOSEPH BROWNE, Defendant / Respondent r- T1 -A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740-CIVIL TERM CIVIL ACTION -LAW IN CUSTODY FATHER'S PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 AND NOW, comes Defendant/ Petitioner Joseph Browne, by and through his counsel, Hynum Law and Debra R. Mehaffie, Esquire, who hereby files the following Petition for Emergency Custody Relief in support thereof avers as follows: 1. The Plaintiff / Respondent is Rachel E. Browne, n/k/a Rachel E. Lee, who currently resides at 444 Bosler Avenue, Lemoyne, Pennsylvania 17043. 2. The Defendant / Petitioner is Joseph Brown, ("Father"), who currently resides at 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. The parties are the natural parents of one child, namely Joshua Browne, age 12, born September 12, 1998. 4. On May 9, 2006 the Honorable Edgar B. Bayley entered a Custody Order awarding ?'?O. 06 pc?_ &Wy f shared legal custody to the parties. The Order further provides that during the school year Mother has primary custody and Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permit and at other times as agreed by the parties. During the summer, beginning the day school recesses, Father shall have primary physical custody of Joshua for eight consecutive weeks. During the summer, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of Joshua for the remaining summer weeks until school starts and Father shall revert to his alternating weekends and one overnight schedule. The parties were also granted periods of custody during holidays. A true and correct copy of the Custody Order is attached hereto and marked Exhibit "A'. 5. Following entry of the Custody Order and from 2005-2008, Father drove from North Carolina to Pennsylvania nearly every other weekend and holidays to exercise custody of Joshua as provided in the Order. 6. Over the years, Joshua became very well adapted and developed close friends and relationships with individuals in North Carolina. 7. In 2008 Joshua expressed interest in moving to North Carolina. 8. Joshua arrived in Greensboro, North Carolina after his last day of grade school in 2009. He spent the entire summer with Father and his Wife in North Carolina and then commenced sixth grade at Mendenhall Hall school in the fall of 2009. 9. Joshua's relocation from Pennsylvania to North Carolina was agreed upon by Mother 2 I w and Father. Indeed, Mother admits in paragraph 9 of her Emergency Petition for Contempt, filed with this Court on June 1., 2011 that the parties "mutually agreed to exchange the visitation schedules. Permitting the Father to have primary physical custody of the child during the school year, and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer." 10. Since May / June 2009 Joshua has remained in his Father's primary physical custody in North Carolina, where the child is happy and secure in his environment. 11. Since May / June 2009 Mother has exercised custody on a inconsistent basis and has not shown much interest in spending time with the child. During the summer of 2009 Mother did not request to see Joshua and she called very little. In the summer of 2010 Father attempted to coordinate dates with Mother for Joshua. After some difficulties, dates were agreed upon. However, Mother asked Father if Joshua could come back to North Carolina because both Mother and child were "bored." 12. Since May / June 2009 Father has and continues to encourage and foster a relationship between Mother and Joshua. Father has not unreasonably denied Mother access to the child. Rather, Father has been very accommodating and has attempted to work cooperatively with Mother so that Joshua can spend time with her. 13. In April 2011 Mother notified Father that she intended to enroll Joshua in a Pennsylvania cyber school. Father objected to this as Joshua does very well in his current school placement and Father did not agree that cyber school would be in Joshua's best interests. 14. Father filed a Petition for Registration of Foreign Child Custody Order in the Gulford 3 I County Court in the State of North Carolina. A hearing is scheduled in North Carolina on July 5, 2011 to address Father's Petition. A true and correct copy of the Petition and Order is attached hereto and marked Exhibit "B". 15. In May 2011 Father e-mailed Mother to try to coordinate dates for Mother's summer visitation. Mother did not cooperate in scheduling dates for the summer. 16. Mother's delay in scheduling a summer custody schedule is not in the best interest of the child. Joshua enjoys golf camp, vacating in Southern Maryland with his cousins, enjoying an annual vacation to Cape May and other summer activities, which must be scheduled so that he child does not miss out. Moreover, Joshua recently visited his orthodontist and has a visit scheduled for the 3rd week of July for braces. 17. Mother called Father in May 20, 2011 and told Father that she did not want Joshua for the summer. Father again requested that the parties discuss a summer schedule. Mother replied "nope" and hung up the phone. 18. On June 1, 2011 :Mother filed an Emergency Petition for Contempt requesting that this Court find Father in contempt of the Custody Order and to order Father abide by the original agreed upon Custody Order. A copy of Mother's Petition is attached hereto and marked Exhibit «C 19. On June 8, 2011 Mother threatened Father over the telephone that the police will be at Father's door on June 17, 2011 if the child is not in Pennsylvania. 20. On June 9, 2011 Mother told Joshua that she will be driving to North Carolina and picking him up for the summer next weekend. Mother told the child he will be attending cyber school next year and that the child had no choice in the matter. Joshua explained to Mother that 4 he had plans to attend a pool party next Friday and Mother said she could care less and was coming to get him. 21. Father is concerned that Mother will attempt to remove the minor child from his safe and secure home in North Carolina, enroll him in cyber school and not return the child to Father. 22. Given that Joshua has been in his Father's primary physical custody since 2009 as mutually agreed to by the parties, it is submitted that it is contrary to the best interest of the child to be arbitrarily removed from his home based upon Mother's unilateral decision to change the party's agreement. 23. Additionally, if Mother insists upon following the custody order, Father is actually entitled to primary custody at this time, as the Order provides that Father has primary physical custody of the child for eight weeks in the summer. Therefore, Mother would not be entitled to remove the child from Father's custody until her first alternating weekend. 24. The best interests of the child require that this Court grant Father emergency relief in the form of awarding him primary physical custody pending a hearing before this Honorable Court to address Father's Petition to Modify the Existing Custody Order (which is being filed simultaneously with this Petition) and ordering that neither party withdraw the child from his current school nor enroll him in cyber school. 25. The Honorable Albert H. Masland has most recently been assigned to Mother's Contempt Petition. 5 WHEREFORE, Petitioner Joseph Browne respectfully requests this Honorable Court grant him temporary emergency primary custody of the minor child pending a hearing before the court and order that neither party shall withdraw the minor child from his current school nor enroll the child in cyber school. Date: Respectfully submitted: LAW 2 08 N. Third Street U fl sburg, PA 17110 le: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com Counsel for Defendant Joseph Browne 6 RACHEL BROWNE, Plaintiff / Respondent _v_ JOSEPH BROWNE, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3740-CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Debra R. Mehaffie, Esquire, hereby verifies and states that: 1. She is counsel for Defendant Joseph Browne in the above-captioned matter. 2. Mr. Browne has reviewed the foregoing Emergency Petition via e-mail and verified that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. 3. Mr. Browne has authorized the undersigned to make this verification on his behalf and his original verification will be subsequently filed to substitute this Attorney Verification. 4. The facts set forth in the foregoing Petition are known to be true and correct to the best of the undersigned's knowledge, information and belief. 5. The undersigned is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. ubm'tted: Respectful7?,b Date: / 'D 0ra R. Mehaffie, Esquire ?. No. 90951 2 08 North 3?d Street arrisburg, PA 17110 Tele: (717) 774-1357 Ex? ?-E,?T- A Jun, 8.' 2011 1:'.7PM TOWN PLACE SUITES :,_.:No. 9429. P. MAY 0 5 2006 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ;NO. 2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , AQ4?? , 2006, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: The prior Order of Court dated September 6, 2005 is hereby vacated. 2. The Mother, Rachel Browne and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23, 1993. Each parent shall have all equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of ally reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides. Additionally, the child will be exposed to limited practices of the parents' religions as the parties agree. 3. During the school year, Mother shall have primary physical custody of the child. ?Gn, 8.1 20' 1 1:17PN TOWN PLACE SUITES No. 9429 P. 11 4. During the school year, Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree. 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her' location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. Holidays shall take precedence over the preceding schedule. 7. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. . 8. Mother shall always have physical custody of the child on Easter and Christmas Eve to Christmas evening. 9. Father shall always have physical custody of the child on Thanksgiving and from Christmas Day in the evening to New Year's Day, at times agreed by the parties. 10. July 4?h shall be alternated by the parties from year to year. Father shall physical custody of the child on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week; the calls shall be between 5:00 P.M. to 8:00 p,m. 12. This Order is entered pursuant to an agreement of the parties at 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, n E gar B. B ley, ?.. Jun: 8.' 2011 1:18PM TOWN PLACE SUITES STATE OF NORTH CAROLINA GUILFORD Name And Address Of Plelntlry JOSEPH BROWNE 3714 WYNNEWOOD DRIVE GREENSBORO, NC 27408 RACHEL LEE 444 BOSLER AVENUE LEMOYNE PA 17043 i- 9.w County vm my x f AM II F- Foreign n P, D • C MOTION TO CONTEST VALIDITY OF A REGISTERED FOREIGN CHILD :,,....,..??> CUSTODY ORDER AND NOTICE OF HEARING Slate Or Country In Which ro reign Child Custody Order PENNSYLVANIA Name And Adaress Of Person Racelwng Notice, if Differ No. 9429 P. 16' ? ti!e No, l I I CVD In The General Court Of Justice District Court Division fired in OU 042707 G.S. The undersigned states as follows: 1. I contest the validity of the foreign child custody order registered in the above captioned matter. 2. The foreign child custody order is not valid and should not be confirmed because: (NOTE TO PERSON FILING THIS MOTION: You must check at least one of the following.) ® The issuing court did not have jurisdiction to enter the order. ® The foreign child custody order has been vacated, stayed or modified by a court with appropriate jurisdiction. 0 1 was entitled to notice but was not given appropriate notice in the proceedings when the foreign child custody order was entered. 3. 1 request a hearing to contest t validity of the foreign child custody order. Sion e OrPlnq Name (Typ 052511 RACHEL E. LEE C1=RTIFICATF r%P cc01nrIc certify that this Motion To Contest Validity Of A Registered Foreign Child Custody Order And Notice Of Nearing has been served on the plaintiff named above by depositing a copy in a post-paid, properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. ala - lP' I . Deputy CSC & Assistant CSC Cleric Of Superior Court ? Other NOTICE TO: ,PLAINTIFF r'o DEFENDANT ' OTHER 0 OTHER You are notified to appear at the date, time and place shown below for a hearing on the above Motion To Contest Validity Of A Registered Foreign Child Custody Order. Date Of Hearing - Time Or eating ® AM Dale 'O/NoticePM Place OfHeanng Signature /p-kccn?? Ccu ( L Q, ? - cot, ? Deputy CSC Asslslanf CSC 0 Clerk Of Superior Court AOC•CV-663, New 12/06 ® 2006 Atlministrative Office of the Courts (e f, fii1 1 1[f1At Tnuni ni.nr n... vL 1• U. ?vI i i. iu,ivi IVVVN rL. h?C No. 9429 U?Z) STATE OF NORTH CAROLINA File No. GUILFORD County i In The General court of justice District Court Division Name And Address Or Plalnar? JOSEPH BROWNE c/o Kevin R. Brackett, Attorney at Law 1101 W. Market Street Greensboro, NC 27403 P ETITION FOR REGISTRATION OF VERSUS Name And Address Of Defendant F REIGN CHILD CUSTODY ORDER RACHEL BROWNE (LEE) 444 Bosler Ave., Lemoyne, PA 17043 G.S.5OA-305 State Or County In Mich Foreign Child Custody Order Entered to Foreign; hlld Custody Order Entered in OMrar State Or County PENNSYLVANIA 04/27/07 Pursuant to G.S. 50A-305(a), the-undersigned states that: 1. I request registration of a child custody order entered In nother state or country; 2. 1 have attached two (2) copies, including one (1) cenified copy, of the for eign custody order; 3. The following is the name and address of any parent or p arson acting a a parent who has been awarded custody or visitation in the attached foreign custody order. NOTE: Each person listed must be served with a Notice of Re istration Of Fo eign Child Custody Order, AOC-CV-661. Name Of Parent/Person Awarded CuatodylVlshation Addra d Of ParanliPerson Awarded CustodyNisltation RACHEL BROWNE (LEE) * 4 Bosler Ave. Lemoyne, PA 17043 JOSEPH BROWNE 97 14 Wynnewoo Dr. Greensboro, NC 27405 I 4. Under penalty of perjury, I stele that.to the best of my kn wledge and be ief, the attached custody order has not been modified. u RiFICATIQ I, the undersigned being first duly,swom, depose and say that am the plainti in this matter, that I have read and understand this Petition For Registration Of Foreign Child Custddy Order and now the Conte is to be true of my personal knowledge, except for those matters and things set forth upon Information and belief, and as to thos matters and things, I believe them to be true. SWORN/AFFIRMED AND SUBSCRIBED TO SEFORE E nature VIN. P 06100 ?N I/ , // Date I Slgna er'or(A ed 1 o r! Na P nq / • , 9 zo / r SE )ROWNE ? A ?oMry on EKPlres Date My Comm7 ` • 1- / 2 - 7-401 • V . SEAL County 1lrnare tadzed . GK,1?' Z ., ? NOTICE TO CLERK OF SUPERIOR COUNT: ? ?,` ; Upon receipt of this completed motion and attached documents, the to Ign child cult order must be rated as a foreign Judgrfllt?RI ?r with one copy of any accompanying documents and information, regardless oft eirform. ll In addition, the Berk must direct the plaintiff to serve a Notice, Of Regi !ration Of Forei gn Child Custody Order (AOC-CV--661) upon all of the persons listed in Paragraph 3 of this Patition and upon dafendant if di rent. II IMPORTANT: The Notice Of Registration Of Foreign Child Custo Order will info the recipient of his or her right to contest the validity of the foreign order, If a timely request for hearing to contest the validity of th foreign order is; of filed, the registration is confirmed as a matter of law, and the person requesting registration and ell persons served with the Noti a of Registretio Of Foreign Child Custody Order MUST BE NOTIFIED BY THE COURT of the confirmation. Form AOC-Cv-664 Order Confi O ng Registraflo OrDenyingCont-rtmatlon Or Reg/station Of Foreign Child Custody Order is available fora judge to sign. The clerk must nosy al persons who rec eived Notice Of Registration Of Foreign Child Custody Order and the plaintiff that the foreign child custody order has been con6rme , i AOC-CV-660, New 10/06 ., i 4? 2006 Administrative Office of the Courts ?x ? ? ?? -? An, 8. 2011 1: 17PM TOWN PLACE SUITES No. 9429 P. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA. RACHEL E. BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant. NO.: 2005-3740 ,Y a srn. zrn r P ?- M r ,n D ri Ala CIVIL ACTION - LAW z o C-D .Yy c_ W CUSTODY .. l?rx C. L PETITION FU CON?EMPT AND NOW, comes Plaintiff, Rachel E. Lee, and avers the following in support of her Petition: l . Rachel E. Lee, hereinafter refined to as "Motlter," is an adult individual residing at 444 Bosler Avenue, Lernoyne, Pennsylvania. 2. Joseph Browne, hereinafter referred to as "Father," is an adult individual residing at 3714 Wynnewood Drive, Greensboro, North Carolina. 3. The parties are the parents of Joshua Lee, born September 23, 1998. 4. The parties entered into a Custody Agreement on May 9, 2006. This Agreement was signed into an Order of the Court on May 9, 2006. A true and correct copy of the Custody Order is attached hereto and incorporated herein as "Exhibit A." 5. The parties have joint legal and joint physical custody of the minor child. 6. Paragraph 3 of the Custody Order states. that "during the school year, Mother shall have primary physical custody of the child-" `un. F 2011 17PM TOWN PLACE SUITES No. 9429 P. 13 7. Paragraph 4 of the Custody Order states that "during the school year, Father shal have alternating weekends froth Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree." 8. Paragraph 5 of the Custody Order states "during the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend'and one overnight schedule." 9. On or about May, 2009, Mother and Father iutually agreed to exchange visitation schedules. Permitting the Father to have primary physical custody of the child during the school year,. and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer. 10. On or about August, 2009 the mutually agreed upon exchange began. 11. After the 2009-2010 school year, the Father made plans and reservations, such as golf camp, for the child during the summer, which infringed on the Mother's visitation time making it impossible for the Mother to spend the quality time with her child as stated in the attached Custody Order and verbally modified by the parties. 12. On May 10, 2011 Father filed with The General Court of Justice District Court Division, Guilford County, North Carolina, a Motion for U.C.C.J.E.A_ Registration, Docket No. I l CVD6353, lull, 8.'2011 17PN TOWN PLACE SUITES No. 9429 P 12 13. It is Mother's belief that Father filed the Motion for U.C.C.J.E.A. Registration to change the jurisdiction of the current custody action. 14. It is also Mother's belief that Father filed the Motion for U.C.C.J.E.A. with the knowledge that she does mot have the financial means to travel to North Carolina to properly defend her rights. 15. It is also Mother's belief that Father has prevented Mother from having her custodial time so he can present to the court in North Carolina that Pennsylvania no longer has an interest in keeping jurisdiction. 16. Mother further believes that Father is attempting to strain the relationship between her and her child. 17. Father has already signed the minor child for activities during Mother's custodial time for the 2011 summer break. 18. Clearly, Father has not abided by the agreed upon Custody Agreement in order to establish his rights for complete and full custody. WHEREFORE, Mother requests this Honorable Court to find Father in contempt of the Custody Order and to order Father to abide by the original agreed upon Custody. Order. Respectfully submitted, ., Date: l? ?( RACHEL BROWNE Jun, 8.' 2011 1,18PN TOWN PLACE SUITES No. 9429 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL E. BROWNE,, Plaintiff NO.. V. JOSEPH BROWNE, Defendant. CIVIL ACTION - LAW CUSTODY P. I? L CERTIFICATE OF SERVICE I, Rachel E. Browne., hereby certify that a true and correct copy of the Petition for Contempt was served this date on the below named, by placing same in the United States mail, certified, postage prepaid thereon, addressed as follows: JOSEPH BROWNE. 3714 Wynnewood Drive Greensboro, NC 27408 Date: 1 I( CC C?u?• RACHEL E. BROWNE 'ian? S. 2011 1:18PW TOWN PLACE SUITES No. 9429 P. 15 VERIFICATION I, Rachel Browne, verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S Section 4904, relating to unswom falsification to authorities. Date; / ?/ _ I S -),-a-- R CHEL S OWNS ,- ii ,A Hynum Law Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 (717) 774-0788 - fax debm uhynumpc.com Attorney for Petitioner / Defendant Joseph Browne ~1L[D-CC`r F!? rx - 5 , 13 PILI I: RACHEL BROWNE, Plaintiff / Respondent _V_ JOSEPH BROWNE, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3740-CIVIL TERM CIVIL ACTION -LAW IN CUSTODY FATHER'S PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes Defendant/ Petitioner Joseph Browne, by and through his counsel, Hynum Law and Debra R. Mehaffie, Esquire, who hereby files the following Petition for Modification of Existing Custody Order and in support thereof avers as follows: 1. The Plaintiff / Respondent is Rachel E. Browne, n/k/a Rachel E. Lee, who currently resides at 444 Bosler Avenue, Lemoyne, Pennsylvania 17043. 2. The Defendant / Petitioner is Joseph Brown, ("Father"), who currently resides at 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. The parties are the natural parents of one child, namely Joshua Browne, age 12, born September 12, 1998. 4. On May 9, 2006 the Honorable Edgar B. Bayley entered a Custody Order awarding shared legal custody to the parties. The Order further provides that during the school year Mother has primary custody and Father shall have alternating weekends from Friday at a time agreed by ?`7v. ao ?LR?I y 1 cam' .?r.L? the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permit and at other times as agreed by the parties. During the summer, beginning the day school recesses, Father shall have primary physical custody of Joshua for eight consecutive weeks. During the summer, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of Joshua for the remaining summer weeks until school starts and Father shall revert to his alternating weekends and one overnight schedule. The parties were also granted periods of custody during holidays. A true and correct copy of the Custody Order is attached hereto and marked Exhibit "A'. 5. Following entry of the Custody Order and from 2005-2008, Father drove from North Carolina to Pennsylvania nearly every other weekend and holidays to exercise custody of Joshua as provided in the Order. 6. Over the years, Joshua became very well adapted and developed close friends and relationships with individuals in North Carolina. 7. In 2008 Joshua expressed interest in moving to North Carolina. 8. Joshua arrived in Greensboro, North Carolina after his last day of grade school in 2009. He spent the entire summer with Father and his Wife in North Carolina and then commenced sixth grade at Mendenhall Hall school in the fall of 2009. 9. Joshua's relocation from Pennsylvania to North Carolina was agreed upon by Mother and Father. Indeed, Mother admits in paragraph 9 of her Emergency Petition for Contempt, filed with this Court on June 1, 2011 that the parties "mutually agreed to exchange the visitation schedules. Permitting the Father to have primary physical custody of the child during the school 2 t year, and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer." 10. Since May / June 2009 Joshua has remained in his Father's primary physical custody in North Carolina, where the child is happy and secure in his environment. 11. Since May / June 2009 Mother has exercised custody on a inconsistent basis and has not shown much interest in spending time with the child. During the summer of 2009 Mother did not request to see Joshua and she called very little. In the summer of 2010 Father attempted to coordinate dates with Mother for Joshua. After some difficulties, dates were agreed upon. However, Mother asked Father if Joshua could come back to North Carolina because both Mother and child were "bored." 12. Since May / June 2009 Father has and continues to encourage and foster a relationship between Mother and Joshua. Father has not unreasonably denied Mother access to the child. Rather, Father has been very accommodating and has attempted to work cooperatively with Mother so that Joshua can spend time with her. 13. In April 2011 Mother notified Father that she intended to enroll Joshua in a Pennsylvania cyber school. Father objected to this as Joshua does very well in his current school placement and Father did not agree that cyber school would be in Joshua's best interests. 14. Father filed a Petition for Registration of Foreign Child Custody Order in the Gulford County Court in the State of North Carolina. A hearing is scheduled in North Carolina on July 5, 2011 to address Father's Petition. A true and correct copy of the Petition and Order is attached hereto and marked Exhibit "B". 15. In May 2011 Father e-mailed Mother to try to coordinate dates for Mother's summer visitation. Mother did not cooperate in scheduling dates for the summer. 3 16. Mother's delay in scheduling a summer custody schedule is not in the best interest of the child. Joshua enjoys golf camp, vacating in Southern Maryland with his cousins, enjoying an annual vacation to Cape May and other summer activities, which must be scheduled so that he child does not miss out. Moreover, Joshua recently visited his orthodontist and has a visit scheduled for the 3rd week of July for braces. 17. Mother called Father in May 20, 2011 and told Father that she did not want Joshua for the summer. Father again requested that the parties discuss a summer schedule. Mother replied "nope" and hung up the phone. 18. On June 1, 2011 Mother filed an Emergency Petition for Contempt requesting that this Court find Father in contempt of the Custody Order and to order Father abide by the original agreed upon Custody Order. A copy of Mother's Petition is attached hereto and marked Exhibit «C 19. On June 8, 2011 Mother threatened Father via telephone that the police will be at Father's door on June 17, 2011 if the child is not in Pennsylvania. 20. On June 9, 2011 Mother told Joshua that she will be driving to North Carolina and picking him up for the summer next weekend. Mother told the child he will be attending cyber school next year and that the child had no choice in the matter. Joshua explained to Mother that he had plans to attend a pool party next Friday and Mother said she could care less and was coming to get him. 21. Father is concerned that Mother will attempt to remove the minor child from his safe and secure home in North Carolina, enroll him in cyber school and not return the child to Father. 22. Given that Joshua has been in his Father's primary physical custody since 2009 as 4 mutually agreed to by the parties, it is submitted that it is contrary to the best interest of the child to be arbitrarily removed from his home based upon Mother's unilateral decision to change the party's agreement. 23. Additionally, if Mother insists upon following the custody order, Father is actually entitled to primary custody at this time, as the Order provides that Father has primary physical custody of the child for eight weeks in the summer. Therefore, Mother would not be entitled to remove the child from Father's custody until her first alternating weekend. 24. The best interest and permanent welfare of the minor child requires modification of the existing Custody Order to reflect the status quo custody arrangement that has been in place in since May 2009 and provide that Father have primary physical custody of the minor child during the school year and that Mother have periods of partial custody during the summer for eight weeks, provided that she exercises said custody. 25. Neither Father nor any member of her household has been convicted of or has pleaded guilty or no contest to any of the enumerated offenses found at 23 Pa. C.S.A. Section 5329(a) or of an offense in another jurisdiction substantially equivalent to the enumerated offenses. 26. The Honorable Albert H. Masland has most recently been assigned to Mother's Contempt Petition. WHEREFORE, Petitioner Joseph Browne respectfully requests this Honorable Court modify the existing custody order to reflect the status quo custody arrangement that has been in place since May 2009 whereby Father has enjoyed primary physical custody during the school year with Mother having the right to exercise periods of partial custody on alternating weekends throughout the school year and awarding Mother primary physical custody in the summer for 5 eight weeks, with Father having the right to exercise periods partial custody on alternating weekends. Date: Respectfully submitted: LAW We R. Whaffie, EsquireL/ N. Third Street a burg, PA 17110 e : (717) 774-1357 x: 717) 774-0788 de m@hynumpc.com Counsel for Defendant Joseph Browne 6 r RACHEL BROWNE, Plaintiff / Respondent _v_ JOSEPH BROWNE, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740-CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Debra R. Mehaffie, Esquire, hereby verifies and states that: 1. She is counsel for Defendant Joseph Browne in the above-captioned matter. 2. Mr. Browne has reviewed the foregoing Petition to Modify Existing Custody Order via e-mail and verified that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief 3. Mr. Browne has authorized the undersigned to make this verification on his behalf and his original verification will be subsequently filed to substitute this Attorney Verification. 4. The facts set forth in the foregoing Petition are known to be true and correct to the best of the undersigned's knowledge, information and belief. 5. The undersigned is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Respectfull sub fitted: Date: ]?Ara R. Mehaffie, Esquire .D. No. 90951 2608 North 3rd Street )Iarrisburg, PA 17110 Tele: (717) 774-1357 f CERTIFICATE OF SERVICE I hereby certify that on this 10t' day of June, 2011 I served the foregoing Petition to Modify Existing Custody Order, by first class mail, postage prepaid upon the individual(s) indicated below, addressed as follows: Rachel Lee 444 Bosler Avenue Lemoyne, Periy,gylvania 17043 Date: (( bra R. M affie, El No. 90951 a 'H um Law 26 8 N. Third Street sburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com K , ?, ) ?---c Jun, 8. 20 11 17PM TOWN PLACE SUITES :_:No, 9429 P. 8.- MAY 0 5 2006 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ;NO, 2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 6, 2005 is hereby vacated. 2. The Mother, Rachel Browne and the Father, Joseph Browne, shall have shared legal custody of Joshua Browne, born September 23, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major norn- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion- Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each, parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally. each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides. Additionally, the child will be exposed to limited practices of the parents' religions as the parties agree. During the school year, Mother shall have primary physical custody of the child. Jun 8. 2011 1:17PWI TOWN PLACE SUITES No. 9429 P. 11 4. During the school year, Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree. 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her'location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. Holidays shall tale precedence over the preceding schedule. 7. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 9. Mother shall always have physical custody of the child on Easter and Christmas Eve to Christmas evening. 9. Father shall always have physical custody of the child on Thanksgiving and from Christmas Day in the evening to New Year's Day, at times agreed by the parties. 10. July 4'h shall be alternated by the parties from year to year. Father shall physical custody of the child on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week', the calls shall be between 5:00 p.m. to 8:00 p.m. 12. This Order is entered pursuant to an agreement of the parties at 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, r n I Edgar B. B fey, E)( AIL'UIT Jun. S. 2011 1:18PM TOWN PLACE SUITES STATE OF NORTH CAROLINA GUILFORD Name And Address Of Plelntllf JOSEPH BROWNE 3714 WYNNEWOOD DRIVE GREENSBORO, NC 27408 Name And Address Of Defendant RACHEL LEE 444 BOSLER AVENUE LEMOYNE PA 17043 Or Country Name County F @ L 0 GilA'f 1M 1= I No. 9429 P. 16 In The General Court Of Justice District Court Division C I; f i.. F O R D S:. C MOTION TO CONTEST VALIDITY OF A REGISTERED FOREIGN CHILD ' CUSTODY ORDER AND NOTICE OF HEARING PENNSYLVANIA Foreign Order Entered Jn Oft 042707 G.S.50A-305(d) The undersigned states as follows: 1. I contest the validity of the foreign child custody order registered in the above captioned matter. 2. The foreign child custody order is not valid and should not be confirmed because: (NOTE TO PERSON FILING THIS MOTION: You must check at least one of the following.) ® The issuing court did not have jurisdiction to enter the order. ® The foreign child custody order has been vacated, stayed or modified by a court with appropriate jurisdiction. ? I was entitled to notice but was not given appropriate notice in the proceedings when the foreign child custody order was entered. 3, 1 request a hearing to contest t validity of the foreign child custody order. )ale Si?n Name frvae OrPnnn 052511 RACHEL E. LEE I certify that this Motion To Contest Validity Of A Registered Foreign Child Custody Order And Notice Of Hearing has been served on the plaintiff named above by depositing a copy in a post-paid, properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. Date ? Deputy CSC & Assistant CSC I'e--? E] ClerkOfSupedorCourt F1 Other OF NOTICE TO: APLAINTIFF IX DEFENDANT 11 OTHER ? OTHER You are notified to appear at the date, time and place shown below for a hearing on the above Motion To Contest Validity Of A Registered Foreign Child Custody Order. IS OfNeaannnng Trme Or eating AM Date OfNOece l-"•?\1 .(0 ?PM L?.?•? ice ofHearing Signature s?1 COU s? s CS1? r Cl 1/-e ? Deputy CSC Assistant CSC ? Clerk Of Superior Court AOC•CV-663, New 12/06 ® 2006 Atlministrative Office of the Courts J n n n? ? ? . r n. w un, o. LU I I I : IDrlvl iNIN rLHUt JU1 I tJ No. 9419 l P. 7\ STATE OF NORTH CAROLINA File NO. GUILFORD County i In The General Court Of Justice District Court Division Name Ano AM= Or A sintllr JOSEPH BROWNE c/o Kevin R. Brackett, Attorney at Law 1101 W. Market Street Greensboro, NC 27403 P ETITION FOR REGISTRATION OF VERSUS Nome And Addnm Ct Defendant F OREIGN CHILD CUSTODY ORDER RACHEL BROWNE (LEE) 444 Bosler Ave., Lemoyne, PA 17043 ' G.S. 50A-305 State Or Country In Which Foreign Chill Custody Order Entered Oats Foreign; hlld Custody Order Entered In OCror State Or Country PENNSYLVANIA 04/27/07 Pursuant to G.S. 50A-305(a), the-undersigned states that: 1. 1 request registration of a child custody order entered in pother stale or country; 2. 1 have attached two (2) copies, including one (1) certified copy, of the for ign custody order, 3. The following is the name and address of any parent or p arson acting a a parent who has been awarded custody or visitation in the attached foreign custody order. NOTE: Each person listed must be served with a Not/ca of Re istretion Of Fo eign Child Custody Order, AOC-CV-601. Name Of Parent/Parson Awarded Custodylylohation Addre a of ParandPorson Awarded CustodyNlsltation RACHEL BROWNE (LEE) 4 Bosler Ave. Lemoyne, PA 17043 JOSEPH BROWNE 37 14 Wynnewoo Dr. Greensboro, NC 27405 I 4. Under penalty of perjury, I stole that.to the best of my kn wledge and be ief, the attached custody order has not been modified. V, RIFICATIO I, the undersigned being first duly;swom, depose and say that am the plaint' in this matter, that I have read and understand this Petition For Registration Of Foreign Child Custcidy Order and now the conte is to be true of my personal knowledge, except for those matters and things set forth upon Information and belief, and as to thos matters and things, I believe them to be true. eture • ? IIIIt1 j SWORNIAFFIRMED AND SUBSCRIBED TO.I9EFORE E ? r 1 A Date Sfgna eraor? A tl To ¢t No p nq ,,?,y A Z Z 0o r j SE IRO WNE • VaNoter Date my Comm' on Expli es w y • • County where larized SEAL Ufa- NOTICE TO CLERK OF SUPERIOR COURT; Upon receipt of this completed motion and attached documents, tha to ign child custo order must be filed as a loroign /udgrYtblR,livr with one copy of any accompanying documents and information, regardless of l eirform. l r In addition, the clerk must direct the plpintiff to serve a Nodco Of Regi tratlon Of Forei gn Child Custody Order (AOC-CV--661) upon all of the persons listed in Paragraph 3 of this Petition and upon defendant, if di reel. I I IMPORTANT: The Notice Of Rsgistratibn Of Foreign Child Custo Order will Info the recipient of his or her right to contest the validity of the foreign order, If a timely request for hearing to conteafthe validity of th foreign order is; of filed, the registration is confirmed as a matter of law, and the person requesting registration and all persons soryed with the Noti a ofPsgistretior. Of Foreign Child Custody Order MUST BE NOTIFIED BY THE COURT of the conFrmallon. Form AOC-CV-664 Order Confrr ng Reglstratfo?nlll Or DenyingConfrrmation OrRagistrotion of Foreign Child Custody Order is available for a judge to sign. The clerk must notify a 1 persons who re ceived Notice Of Registration Of Foreign Chad Custody Order and the plaintiff that the foreign child custody order hat been confirme d i AOC-CV-660, New 10/06 ® 2006 Mrnlnistrabve Office of the Courts eX - 1E) Jun, 8, 2011 1,17PM TOWN PLACE SUITES No-9429 P. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL E. BROWNE, Plaintiff V. JOSEPH BROWNE, Defendant. C NO.: 2005-3740 r s ?. xm 2 ?r CIVIL ACTION -LAW y` o o Z C-) CUSTODY ? .; N 73, PETITION F, R CONTEMPT AND NOW, comes Plaintiffs Rachel E. Lee, and avers the following in support of her Petition; 1. Rachel E. Lee, hereinafter referred to as "Mother," is an adult individual residing at 444 Bosler Avenue, Lemoyne, Pennsylvania. 2. Joseph Browne, hereinafter referred to as "Father," is an adult individual residing at 3714 Wynnewood Drive, Greensboro, North Carolina. 3. The parties are the parents of Joshua Lee, born September 23, 1998. 4. The parties entered into a Custody Agreement on May 9, 2006. This Agreement was signed into an Order of the Court on May 9, 2006. A true and correct copy of the Custody Order is attached hereto and incorporated herein as "Exhibit A." 5. The parties have joint legal and joint physical custody of the minor child. 6. Paragraph 3 of the Custody Order states. that "during the school year, Mother shall have primary physical custody of the child-" Jun, 8, 2011 1:17PM TOWN PLACE SUITES No,9429 P. 13 7. Paragraph 4 of the Custody Order states that "during the school year, Father shal have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree." 8_ Paragraph 5 of the Custody Order states "during the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend"*and one overnight schedule." 9. On or about May, 2009, Mother and Father mutually agreed to exchange visitation schedules. Permitting the Father to have primary physical custody of the child during the school year,. and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer. 10. On or about August, 2009 the mutually agreed upon exchange began. 11. After the 2009-2010 school year, the Father made plans and reservations, such as golf camp, for the child during the sumrrer, which infringed on the Mother's visitation time making it impossible for the Mother to spend the quality time with her child as stated in the attached Custody Order and verbally modified by the parties. 12. On May 10, 2011 Father filed with The General Court of Justice District Court Division, Guilford County, North Carolina, a Motion for U.C.C_J.E.A_ Registration, Docket No. 11 CVD6353, Jun. S. 2011 ':17PN TOWN PLACE SUITES No.9429 P. 12 13. It is Mother's belief that Father filed the Motion for U.C.C.J.E.A. Registration to change the jurisdiction of the current custody action. 14. It is also Mother's belief that Father filed the Motion for U.C.C.J.E.A. with the knowledge that she does not have the financial means to travel to North Carolina to properly defend her rights. 15. It is also Mother's belief that Father has prevented Mother from having her custodial time so he can present to the court in North Carolina that Pennsylvania no longer has an interest in keeping jurisdiction. 16. Mother further believes that Father is attempting to strain the relationship between her and her child. 17. Father has already signed the minor child for activities during Mother's custodial time for the 2011 summer bream. 18. Clearly, Father has not abided by the agreed upon Custody Agreement in order to establish his rights for complete and full custody. WHEREFORE, Mother requests this Honorable Court to find Father in contempt of the Custody Order and to order Father to abide by the original agreed upon Custody Order. Respectfully submitted, Date: l? / C, - 6 1 kt,?, RACHEL BROWNE Jun. 8. 2011 '':18PM TOWN PLACE SUITES No. 9429 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL E. BROWNE,. Plaintiff I NO.. V. JOSEPH BROWNE, Defendant. CML ACTION - LAW CUSTODY P. ( L CERTIFICATE OF SERVICE I, Rachel E. Browne., hereby certify that a true and correct copy of the Petition for Contempt was served this date on the below named, by placing same in the United States mail, certified, postage prepaid thereon, addressed as follows: JOSEPH BROWNE 3714 Wynnewood Drive Greensboro, NC 27408 Date: C RACHEL E. BROWNE Jun. 8. 2011 1:18PM TOWN PLACE SUITES No. 9429 P. 15 VERIFICATION 1, Rachel Browne, verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: iMCMEL'B OWNE . A Q d 0 L 11 TO THE PLAINTIFF: PURSUANT TO PA. R.C.P. 1026, YOU ARE HEREBY GIVEN NOTICE TO PLEAD IN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WIT 20 DAYS, OR A JUDGMENT MAY BEE ERED AGAINST YOU. for Defendant Hynum Law Debra R. Mehaffie, Esquire Attorney I. D. No. 90951 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 (717) 774-0788 - fax debm(ahynumpc.com Attorney for Defendant Joseph Browne RACHEL BROWNE, Plaintiff -v- JOSEPH BROWNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740-CIVIL TERM CIVIL ACTION - LAW IN CUSTODY FATHER'S PRELIMINARY OBJECTIONS TO MOTHER'S EMERGENCY PETITION FOR CONTEMPT AND NOW, comes Defendant Joseph Browne, by and through his counsel, Hynum Law and Debra R. Mehaffie, Esquire, who hereby files the following Preliminary Objection to Mother's Emergency Petition for Contempt in support thereof avers as follows: 11 1. The Plaintiff is Rachel E. Browne, n/k/a Rachel E. Lee, who currently resides at 444 Bosler Avenue, Lemoyne, Pennsylvania 17043. 2. The Defendant is Joseph Brown, ("Father"), who currently resides at 3714 Wynnewood Drive, Greensboro, North Carolina 27408. 3. The parties are the natural parents of one child, namely Joshua Browne, age 12, born September 12, 1998. 4. On May 9, 2006 the Honorable Edgar B. Bayley entered a Custody Order awarding shared legal custody to the parties. The Order further provides that during the school year Mother has primary custody and Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening per week if his schedule and location permit and at other times as agreed by the parties. During the summer, beginning the day school recesses, Father shall have primary physical custody of Joshua for eight consecutive weeks. During the summer, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of Joshua for the remaining summer weeks until school starts and Father shall revert to his alternating weekends and one overnight schedule. The parties were also granted periods of custody during holidays. A true and correct copy of the Custody Order is attached hereto and marked Exhibit "A'. 5. Following entry of the Custody Order and from 2005-2008, Father drove from North Carolina to Pennsylvania nearly every other weekend and holidays to exercise custody of Joshua as provided in the Order. 6. Over the years, Joshua became very well adapted and developed close friends and relationships with individuals in North Carolina. 7. In 2008 Joshua expressed interest in moving to North Carolina. 8. Joshua arrived in Greensboro, North Carolina after his last day of grade school in 2009. He spent the entire summer with Father and his Wife in North Carolina and then commenced sixth grade at Mendenhall Hall school in the fall of 2009. 9. Joshua's relocation from Pennsylvania to North Carolina was agreed upon by Mother and Father. Indeed, Mother admits in paragraph 9 of her Emergency Petition for Contempt, filed with this Court on June 1, 2011 that the parties "mutually agreed to exchange the visitation schedules. Permitting the Father to have primary physical custody of the child during the school year, and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer." 10. Since May / June 2009 Joshua has remained in his Father's primary physical custody in North Carolina, where the child is happy and secure in his environment. 11. Since May / June 2009 Mother has exercised custody on a inconsistent basis and has not shown much interest in spending time with the child. During the summer of 2009 Mother did not request to see Joshua and she called very little. In the summer of 2010 Father attempted to coordinate dates with Mother for Joshua. After some difficulties, dates were agreed upon. However, Mother asked Father if Joshua could come back to North Carolina because both Mother and child were "bored." 12. Since May / June 2009 Father has and continues to encourage and foster a relationship between Mother and Joshua. Father has not unreasonably denied Mother access to the child. Rather, Father has been very accommodating and has attempted to work cooperatively with Mother so that Joshua can spend time with her. 13. In April 2011 Mother notified Father that she intended to enroll Joshua in a Pennsylvania cyber school. Father objected to this as Joshua does very well in his current school placement and Father did not agree that cyber school would be in Joshua's best interests. 14. Father filed a Petition for Registration of Foreign Child Custody Order in the Gulford County Court in the State of North Carolina. A hearing is scheduled in North Carolina on July 5, 2011 to address Father's Petition. A true and correct copy of the Petition and Order is attached hereto and marked Exhibit "B". 15. In May 2011 Father e-mailed Mother to try to coordinate dates for Mother's summer visitation. Mother did not cooperate in scheduling dates for the summer. 16. Mother's delay in scheduling a summer custody schedule is not in the best interest of the child. Joshua enjoys golf camp, vacating in Southern Maryland with his cousins, enjoying an annual vacation to Cape May and other summer activities, which must be scheduled so that he child does not miss out. Moreover, Joshua recently visited his orthodontist and has a visit scheduled for the 3rd week of July for braces. 17. Mother called Father in May 20, 2011 and told Father that she did not want Joshua for the summer. Father again requested that the parties discuss a summer schedule. Mother replied "nope" and hung up the phone. 18. On June 1, 2011 Mother filed an Emergency Petition for Contempt requesting that this Court find Father in contempt of the Custody Order and to order Father abide by the original agreed upon Custody Order. A copy of Mother's Petition is attached hereto and marked Exhibit «C 19. It is respectfully submitted that this Honorable Court lacks jurisdiction pursuant to Pennsylvania's Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. §5401 et seq. A Pennsylvania Court can only enforce a custody order if Pennsylvania is the home state of the child on the date of the commencement of the proceeding. The "home state" of a child is defined as "[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding." 23 Pa. C.S. §5402. Here, the subject minor child has resided with his Father in North Carolina upon the express mutual agreement of the parties since May 2009. Therefore, this Court lacks jurisdiction to enforce the existing Pennsylvania custody order and cannot find Father in contempt. WHEREFORE, Joseph Browne respectfully requests this Honorable Court sustain his preliminary objection to Mother's Emergency Petition for Contempt on the basis that this Court lacks jurisdiction to enforce the Custody Order. Date: F Respectfully submitted: LAW l IV-4 /I treet V:(717) ffie, Esquire 17110 -1357 0788 c.com Counsel for Defendant Joseph Browne CERTIFICATE OF SERVICE I hereby certify that on this 10'h day of June, 2011 1 served the foregoing Preliminary Objection, by first class mail, postage prepaid upon the individual(s) indicated below, addressed as follows: Rachel Lee 444 Bosler Avenue Lemoyne, Pennsylvania 17043 d Date: P-05fa R. Mehaf fe, Esquire I.D. No. 90951 Hynum Law 2608 N. Third Street IHarrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com ?x? i?i? jun. S. 2011 1 ? 17Mii TOWN1 PLACE SUITES ;,:No. 9429 P, MAY 0 5 2006 RACHEL BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. V. ; NO, 2005-3740 CIVIL TERM JOSEPH BROWNE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: The prior Order of Court dated September 6, 2005 is hereby vacated, 1 The Mother, Rachel Browne and the FatheI, Joseph Browne, shall have shared legal custody of Joshua Browne, bom September 23, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to inake all major nor)- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion- Pursuant to the terms of 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 the otherparent. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child, -'ach parent shad! be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, scbool or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall be raised as a Christian being permitted to practice but not declare either religion of the parent unless he so decides, Additionally, the child will be exposed to limited practices of the parents' religions as the parties-agree. During the school year, Mother shall have primary physical custody of the child. Jun. '8. 2011 1:17PN TOWN PLACE SUITES No. 9429 P. 11 4. During the school year, Father shall have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 p.m. and one overnight or evening, per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree, 5. During the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks. During said period, Mother shall have partial physical custody pn alternating weekends from Friday to Sunday at times agreed by the parties one overnight per week and such other times as the parties agree, provided her'location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend and one overnight schedule. Holidays shall take precedence over the precedir?g schedule. 7. Mother shall have physical custody of the child on Mother's Da}; Father shall have physical custody -of the child on Father's Day, both at times agreed by the parties. . 6. Mother shall always have physical custody of the child on Easter and Christmas Eve to Christmas evening. 9 L. Father shall always have physical custody of the child on Thanksgiving and frorn Christmas Day in the evening to New Year's Day, at times agreed by the parties. 10. July 0 shall be alternated by the parties from year to year. Father shall physical, custody of the child on July 4, 2006. 11. Both parties shall be entitled to liberal telephone contact with the child. During the week; the calls shall be between 5:00 p.m. to 8:00 p.m, 12. This Order is entered pursuant to an agreement of the parties at 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, -rte. - 1-.y `: -, ' r; •- n. T ?. ..`i??ll ? ? w>r XN?? t Jun. 6. 20 11 1;16PM TOWN PLACE SUITES STATE OF NORTH CAROLINA GUILFORD County Name And AVorass Of Pialndlr JOSEPH BROWNE c/o Kevin R, Braokett, Attorney at Law 1101 W. Market Street Greensboro. NC 27403 RACHEL BROWNE (LEE) 444 Bosler Ave., Lemoyne, PA 17043 PENNSYLVANIA Pursuant to G.S. 50A-305(a), the -undersigned states that: 1, I request registration of a child custody order entered In f 2. 1 have attached two (2) copies, including one (1) certified 3. The following is the name and address of any parent or p the attached foreign custody order: NOTE: Each person lislad must be served with a Notice of Re No. 9429 t P. 7? r71e AID. In The General Court Of Justice District Court Division 'ION FOR REGISTRATION OF IGN CHILD CUSTODY ORDER Bred In Otte 04/27/07 G.S. 5OA-305 r state or untry; of the fo Ign custody order; acting a Zia parent who has been awarded custody or visitation in Of Folelgn Child Custody Order, AOGCV--681. Name Of Parent/Parson Awarded Cuetodoishatlon I Addre?s Of ParantlParson Awarded CustodyNishation RACHEL BROWNE (LEE) 1444 Bosler Ave. Lemoyne, PA 17043 JOSEPH BROWNE 3 14 Wynnewoo Dr. Greensboro, NC 27405 4. Under penalty of perjury, I stpie that.to the best of my I, the undersigned being first duly,swom, depose and say that Petition For Registration Of Foreign Child Custody Order and those matters and things set forth upon Information and belief, SWORNiAFFIRMED AND SUBSCRIBED TO BEFORE Date Slgnety/eAr e7or Aut adToM1 Date My Commi? on Expires i notery / ' - / Z - SEAL NOTICE TO CLERK OF SUPERIOR COURT: Upon receipt of this completed motion and attached documents, the A copy of any accompanying documents and information, regardless of In addition, the clerk must direct the plaintiff to serve a Notice Of Reg persons listed in Paragraph 3 of this Petition and upon dalendant, if of IMPORTANT: The Notice Of Registration Of Foreign Child Custo foreign order, If a timely request for hearing to contest.the validity of tt the person requesting registration and all persons served with the Not THE COURT of the confirmation. Form ADGCV-664 Order Conbrn Custody Order is avallab)v for a judge to sign. The Clark rnvst notify e and the plaintifr that the foreign child custody order haS been conhane AOC-CV-660. New 10106 l ' ® 2006 A0rn1nis1.ra6ve Ofho? of the Couris and belief, the attached custody order has not been modified, am the plaint' in this matter, that I have read and understand this now the Cantu is to be true of my personal knowledge, except for and as to thos; matters and things, I believe them to be true. V ? =G ?G 2 011111111, z ?j ID sign child cuslogy ,,, order must be filed as a foreign judge/ ITr with one lair fort. 1I 1l itrat/on Of Fore Ut ?? n Child Custody Order (AOC-CV-661) upon all of the Brant. li Order will info the recipient of his or her right to conlast the validity of the foreign order is; p ot filed, the registration is confirmed as a matter oflaw, and e of Registration( Of Foreign Child Custody Order MUST BE NOTIFIED BY ng Registratlorll Or Denying Confirm ation Or Reg/stretion Of Foreign Child persons who re. i i 1 i i eived Notice Of Registration Of Foreign Child Custody Order I Jun. 0. 2011 1:18PN TOWN PLACE SUITES STATE OF NORTH CAROLINA No. No, 9429 P. 416' GUILFORD County ' ,- LJ In The General Court Of Justice District Court Division Name And Address OfPletnd7 TOSEPHBROWNE T )1 MAY MAY 2M ( C 3714 Vr NNEWOOD DRIVE GREENSBORO, NC 2740 C ? i i r. 0 P j C 0 ., MOTION TO CONTEST VALIDITY VERSUS OF A REGISTERED FOREIGN CHILD Name And AddressOfDefendant R.ACBELLBE CUSTODY ORDER AND CUSTODY ORDER AND 444 BOSLER AVENUE NOTICE OF HEARING LEMOYNE PA 17043 State OrCounlry In Whlelt Foretgn Chlld Custody Order Entered PENNSYLVANIA Name And Address Of Person Recelving Nahce, IfDiHelent Man Detandani Foreign l hild Custody Order Enlered in Otherstete or 042707 G.S. 50A-305(d) ..._ _..__._.?.........,.,..? ?.? --n VVo, 1, I contest the validity of the foreign child custody order registered in the above captioned matter. 2. The foreign child custody order is not valid and should not be confirmed because: (NOTE To PERSON FILING THIS MOTION: You must check at least one of the following.) ® The issuing court did not have jurisdiction to enter the order. ® The foreign child custody order has been vacated, stayed or modified by a court with appropriate jurisdiction- ? I was entitled to notice but was not given appropriate notice in the proceedings when the foreign child custody order was entered. 3. 1 request a hearing to contest t validity of the foreign child custody order. 052511 RACHEL E. LEE I certify that this Motion To Contest Validity ofA Registered Foreign Child Custody Order And Notice Of Hearing has been served on the plaintiff named above by depositing a copy in a post-paid, properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. Dora o,,._ ?P•I. ? Deputy CSC & ASSIStant CSC ?J?? ? Clerk 0f Supedor Court ? Other NOTICE TO: VPLAINTIFF L DEFENDANT ? OTHER ? OTHER You are notified to appear at the date, time and place shown below for a hearing on the above Motion To Contest Validity Of A Registered Foreign Child Custody Order. Dale Ofheanng r? rime 0r sang AM Dsle Of Noflce ?PM Place OfHeenn_q SiQneJure ? Depup' CSC 10 Asslstant CSC ? Clerk 01 Suoenor Court AOC•CV-663, New 12/06 (?, 2006 Aoministrative Ofllm of the Courts EX: E) C Jun, 8. 20 11 1:17PN TOWN PLACE SUITES No. 9429 P. 9 Vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL E. BROWNE, Plaintiff cD NO.: 2005-3740 `' o s V. cn --a ? CIVIL ACTION -LAW JOSEPH BROWNE, .Y, c ca m Defendant. CUSTODY N -? PETITION F R CON?EMPT AND NOW, comes Plaintiff, Rachel E_ Lee, and avers the following in support of her Petition: J . Rachel E. Lee, hereinafter r6med to as "Mother," is an adult individual residing at 444 Bosler Avenue, Lemoyne, Pennsylvania, 2. Joseph Browne, hereinafter referred to as "Father," is an adult individual residing at 3714 Wynnewood Drive, Greensboro, North Carolina. 3. The parties are the parents of Joshua Lee, born September 23, 1998. 4. The parties entered into a Custody Agreement on May 9, 2006. This Agreement was signed into an Order of the Court on May 9, 2006. A true and correct copy of the Custody Order is attached hereto and incorporated herein as "Exhibit A." 5 The parties have joint legal and joint physical custody of the minor child. 6. Paragraph 3 of the Custody Order states that "during the school year, Mother shall have primary ph-ysical custody of the child-" cur:. 'S. 20 11 1:17PY, TOWN PLACE SUITES No. 9429 P. 13 7. Paragraph 4 of the Custody Order states that "during the school year, Father shal, have alternating weekends from Friday at a time agreed by the parties to Sunday at 6:00 pxn, and one overnight or evening, per week if his schedule and location permits, at times agreed by the parties and such other times as the parties agree." 8. Paragraph 5 of the Custody Order states "during the summer, beginning the day school recesses, Father shall have primary physical custody of the child for eight (8) consecutive weeks- During said period, Mother shall have partial physical custody on alternating weekends from Friday to Sunday at times agreed by the parties, one overnight per week and such other times as the parties agree, provided her location permits. Mother shall have primary physical custody of the child for the remaining summer weeks until school starts and Father shall revert to his alternating weekend'and one overnight schedule." 9. On or about May, 2009, Mother and Father mutually agreed to exchange visitation schedules. Permitting the Father to have primary physical custody of the child during the school year,. and the Mother to have primary physical custody of the child during eight (8) consecutive weeks during the summer. 10. On or about August, 2009 the mutually agreed upon exchange began. 11. After the 2009-2010 school year, the Father made plans and reservations, such as golf camp, for the child during the summer, which infringed on the Mother's visitation time making it impossible for the Mother to spend the quality time with her child as stated in the attached Custody Order and verbally modified by the parties. 12. On May 10, 2011 Father filed with The General Court of Justice District Court Division, Guilford County, North Carolina, a Motion for U.C.C.I.E.A. Registration, Dockeet No. 17 CVD6353, gun. 8. 2011 1:17PN TOWN PLACE SUITES No 9429 P. 12 13. It is Mother's belief that Father filed the Motion for U.C.C.J.E.A. Registration to change the jurisdiction of the current custody action. 14. It is also Mother's belief that Father filed the Motion for U.C.C.J.E.A. with the knowledge that she does not have the financial means to travel to North Carolina to properly defend her rights, 15. It is also Mother's belief that Father has prevented Mother from having her custodial time so he can present to the court in North Carolina that Pennsylvania no longer has an interest in keeping jurisdiction. 16. Mother further believes that Father is attempting to strain the relationship between her and her child. 17. Father has already signed the minor child for activities during Mother's custodial time for the 2011 summer break. 18. Clearly, Father has not abided by the agreed upon Custody Agreement in order to establish his rights for complete and full custody. WHEREFORE, Mother requests this Honorable Court to find Father, in contempt of the Custody Order and to order Father to abide by the original agreed upon Custody. Order. Respectfully submitted, ? / '0,, r! 0 Date: l? / ?/ I d} 1?e ?i.,U RACHEL BROWNE ?011 1:18PNi TOWN PLACE SUITES No. 9429 P. 14 L IN THE COURT OF COMMON PLEAS OF CUMEERLANA COUNTY, PENNSYLVANIA RACHEL E. BROWNE, Plaintiff NO., V. JOSEPH BROWNE, Defendant. CI«L ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Rachel E. Browne., hereby certify that a trae and correct copy of the Petition for Contempt was served this date on the below named, by placing same in the United States mail, certified, postage prepaid thereon, addressed as follows; JOSEPH BROWN: 3714 Wynnewood Drive Greensboro, NC 27408 I Date: CP I Il??1 RACHEL E. BROWNE ur 8. 2011 1:18PM TOWN PLACE SUITES No. 9429 P. 15 L VERIFICATION 1, Rachel Browne, verify that the statements made in this Petition for Contempt are true and cozrect. I understand that false statements herein are made subject to the penalties of 18 P&C.S Section. 4904, relating to unswom falsification to authorities. Date; rl lJ { ?AA R CHEL B OWNE RACHEL BROWNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANJ4 V. 2005-3740 CIVIL ACTION LAW '-rr JOSEPH BROWNE b ?. IN CUSTODY 7r "'D DEFENDAN T .: 1 4 t';'? ORDER OF COURT AND NOW, Wednesday, June 15, 2011 , upon consideration of the attached Co mplai nt, 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 Tuesday, July 26, 2011 at 10:30 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. 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/ ac ueline M. Verne 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 ilew /0 1h, 4.4f45 e Telephone (717) 249-3166 dQ?'? cep ma ?? J ?c0! p ' ,41/L r '? ey' -046 RACHEL E. BROWNE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ?:. ` ::ass m r"n r r JOSEPH BROWNE, = -,r ' DEFENDANT 05-3740 CIVIL TERM e cT ° ORDER OF COURT C (-- - ° AND NOW, this day of June, 2011, before the cgbrtWe mother's emergency petition for contempt, father's preliminary objections thereto and father's petition for emergency custody relief. Because father filed a petition for registration of foreign custody order in the General Court of Justice, District Court Division, Guilford County, North Carolina, docketed at 11 CVD 6353, with a hearing scheduled for July 5, 2011, and because North Carolina may be the home state of the child pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, we defer action in this matter until after the aforesaid petition is addressed by the General Court of Justice in North Carolina. By the Court, Albert H. Masland, J. Rachel E. Browne 444 Bosler Avenue Lemoyne, PA 17043 µ (? (oil Debra Mehaffie, Esquire For Defendant Court Administrator In :saa RACHEL BROWNE, Plaintiff / Respondent _v_ JOSEPH BROWNE, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3740-CIVIL TERM i cv r'n CIVIL ACTION - LAW c... ` r- r= IN CUSTODY cis -tea C -- -t t:) AFFIDAVIT OF SERVICE C:) I, Debra R. Mehaffie, Esquire, attorney for Joseph Browne, being duly sworn acc1@6rdia to law, depose and say that a true and correct copy of 1) Father's Preliminary Objections to Mother's Emergency Petition for Contempt, 2) Father's Petition for Modification of Existing Custody Order, 3) Father's Petition for Emergency Custody Relief, 4) Judge Masland's Order of Court dated June 15, 2011 and the 5) Order of Court scheduling a custody conciliation conference for July 26, 2011, in the above-captioned action was served via Certified Mail, Return Receipt, upon Rachel Browne, n.k.a. Rachel Lee, on July 1, 2011 as evidenced by the attached green card and printout from www.usps.com. To the best of my knowledge, information and believe, the signature on the attached green card is that of Rachel Lee. Date: A1ASNN3d , vet ?01?? 9- 71Ef ?i O v31 Ht X10 lDef5ra R. Mehaffie, Esquire +? 1)? No. 90951 260 North 3rd Street H sburg, PA 17110 e: (717) 774-1357 ax. (717) 774-0788 Debm(a)liynumpc.com i' i i US]'S - Track & Confirm Page 1 of 1 2 U TEDSTAMS Home I Help I POST/.1L SERVKE? Sign in Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7006 0100 0004 5330 5761 Service(s): Certified Mail" Status: Delivered Your item was delivered at 3:32 pm on July 01, 2011 in LEMOYNE, PA 17043. Detailed Results: • Delivered, July 01, 2011, 3:32 pm, LEMOYNE, PA 17043 • Notice Left, June 24, 2011, 9:14 am, LEMOYNE, PA 17043 • Arrival at Unit, June 24, 20119 6:13 am, LEMOYNE, PA 17043 Notific?)tinn Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gs > Sitf h a-L Customer Service rcnns Gov't Services Careers Copyright`c? 2010 USPS_ All Rights Reserved. No FEAR Act EEO Data FOIF ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l7o43 GU '- Privacy Policy Terms of Use Business Customer Gateway Aft 1 ? Agent ? ? Addressee (Wn!jMNar,ne)_ _ C. Date of Delivery D. Is delivery add ? Yes If YES, enter de ad s belo ? ? No ,. o 3. rvice Type Certified Mail ? Express Mail ? egistered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7006 0100 0004 5330 5761 (Transfer from service label) -- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Track & Confirm Enter Label/Receipt Number. https://trkcnfrm2.smi.usps.com/P'TSIntemetWeb/InterLabelInquiry.do 7/5/2011 RACHEL E. BROWNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3740 CIVIL ACTION - LAW Q CD JOSEPH BROWNE, : IN CUSTODY _ Defendant > te CD rn a r - ORDER OF COURT 3>c- s o C:) -71 , x-- AND NOW, this 27`x' day of July, 2011, being advised that jurisdiction is in North Carolina, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, )atcqllineMM. Verney, Esquire, C tody Conciliator