HomeMy WebLinkAbout05-4524Nichole M. Staley O'Gorman, Esquire
I.D. 78966
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
nstalev@pkh.com
SHANNON M. SMITH-BRIGAMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. US- °ysa?r-`v?C?l
MATTHEW B. BRIGAMAN, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW COMES Plaintiff, Shannon M. Smith-Brigaman, by her
attorneys, Purcell, Krug & Haller, and files the following
Custody Complaint:
1. Plaintiff is Shannon M. Smith-Brigaman, an adult
individual who currently resides at 955 Roxbury Road,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. Defendant is Matthew B. Brigaman, an adult individual
who currently resides at 50 Bayberry Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. Plaintiff seeks legal and physical custody of the
following child:
Name Present Residence Date of
Birth/Aae
Grace M. Brigaman 955 Roxbury Rd. 11/13/02 (age 2)
Shippensburg, PA 17110
4. The child was not born out of wedlock.
5. The child is presently in the custody of Plaintiff.
6. During the past five (5) years, the child has resided
with the following persons at the following addresses:
Name Address Dates
Shannon Smith-Brigaman 955 Roxbury Rd. 8/05-
Harrisburg, PA 17110 Present
Shannon Smith-Brigaman 50 Bayberry Dr.
and Matthew B. Brigaman Mechanicsburg, PA 17050 11/02-8/05
7. The mother of the child is Plaintiff, Shannon M. Smith-
Brigaman. Mother is married to, but separated from, the
Defendant, Matthew B. Brigaman.
8. The father of the child is Defendant, Matthew B.
Brigaman. Father is married to, but separated from, the
Plaintiff, Shannon M. Smith-Brigaman.
9. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody
of the child in this or another court.
10. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
11. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
12. The best interests and permanent welfare of the child
will be served by granting the relief requested.
13. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child 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 child will be given notice of the
pendency of this action and the right to intervene:
Name
Address
Basis of Claim
None
WHEREFORE, the Plaintiff respectfully requests this
Honorable Court to grant her physical and legal custody of the
minor child.
PURCELL, KRUG & HALLER
By 1LUAAAUZ4(-1V A41 V V vv.
ichole M. Stale 'G rman, Esq.
1719 Nort
Front reet
q %.7
Harrisbur , PA 17102
I.D. No. 79866
(717)234-4178
Date: Attorney for Plaintiff
VERIFICATION
I, Shannon Smith-Brieaman,Plaintiff in the within action,
hereby verify that the facts contained in the foregoing
COMPLAINT FOR CI1ST0r)yare true and correct to the best of my
knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
DATE:
CERTIFICATE OF SERVICE
I, JENNIE R. KELLEY, an employee of the law firm of Purcell,
Krug & Haller, counsel for Plaintiff, hereby certify that the
foregoing COMPLAINT FOR CUSTODY, was made upon the following by
Regular Mail and by Certified Mail, Restricted Delivery, Return
Receipt Requested, Postage Prepaid, on / S
Matthew B. Brigaman
50 Bayberry Rd.
Mechanicsburg, PA 17050
e nnie R. Kelley
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SHANNON M. SMITH-BRIGAMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
05-4524 CIVIL ACTION LAW
MATTHEW B. BRIGAMAN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, September 13, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at MDJ Maulove's,1901 State St., Camp Hill, PA 17011 on Friday, October 07, 2005 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ Melissa P. Gree%Esq_
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
?'? g *- p -7- ter--,;,w 4g;v -/-*,v So ">/6
7 Z'
Nichole M. Staley O'Gorman, Esquire
PA Atty. ID No. 79866
PURCELL, KRUG & HALLER
1719 N. Front Street
Harrisbura, PA 17102
Telephone: (717)234-4178
Email: nstalev@pkh.com
SHANNON M. SMITH-BRIGAMAN,
Plaintiff
vs.
MATTHEW B. BRIGAMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4524
: CIVIL ACTION - LAW
: IN CUSTODY
AFFIDAVIT OF SERVICE
I, Nichole M. Staley O'Gorman, Esquire, Attorney for the
Plaintiff, Shannon M. Smith-Brigaman, in the above action, hereby
swear and affirm that on the 1" day of September, 2005, I sent,
by certified mail, return receipt requested, restricted delivery,
a Complaint for Custody to the Defendant, Matthew B. Brigaman.
The Return Receipt Card signed by the Defendant on
September 8, 2005, is attached hereto as Exhibit "A".
PIVHOLE M. S ALEY
ID NO. 7986
ATTORNEY FOR PLAINTIFF
Sworn and subscribed to
befo e me this IL+K1 day
of , 2005.
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RECEIVED OCT 17 2005A \
SHANNON M. SMITH-BRIGAMAN,
Plaintiff
V.
MATTHEW B. BRIGAMAN,
Defendant
INTERIM ORDER OF COURT
IN CUSTODY
AND NOW, this i8' day of October, 2005, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody: The parties, Shannon M. Smith-Brigaman and Matthew B.
Brigaman, shall have shared legal custody of the minor child, Grace M. Brigaman, born
November 13, 2002. 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 her health, education and religion.
Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and
information pertaining to the child including, but not limited to, medical, dental, religious or
school records, the residence address of the child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
2. Physical Custody: Effective October 15, 2005 and continuing pending hearing
or further agreement of the parties:
A. Father shall have custody on alternating weekends from
Saturday morning at 9:00 a.m. until Monday morning when she is returned
to daycare.
B. Effective October 19, 2005, Father shall have custody from
Wednesday after school until Friday morning on alternate weeks.
C. Effective October 26, 2005, Father shall have custody on
alternating Wednesdays after school until Thursday morning when she is
returned to daycare.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4524 CIVIL TERM
CIVIL ACTION - LAW
D. When Father does not have custody, Mother shall have
custody.
?3'1, 0 7
NO. 05-4524 CIVIL TERM
3. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
4. The following holiday schedule shall supersede the regular schedule:
A. Thanksgiving. Thanksgiving shall be divided into two
segments, Segment A and Segment B. Segment A shall be from 6:00 p.m.
the day before Thanksgiving until 3:00 p.m. Thanksgiving Day. Segment B
shall be from 3:00 p.m. Thanksgiving Day until 6:00 p.m. the day after
Thanksgiving. In 2005, Father shall have Segment A and Mother shall have
Segment B.
B. Christmas. Christmas shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 23r at 9:00
a.m. until December 25th at 3:00 p.m. Segment B shall be from December
25th at 3:00 p.m. until December 26th at 8:00 a.m. In 2005, Mother shall have
Segment A and Father shall have Segment B.
5. The parties shall submit themselves and their minor child to an independent
custody evaluation. The parties shall sign all necessary releases and authorizations
requested by the custody evaluator to obtain medical and psychological information relating
to prior mental health treatment or chemical dependency treatment pertaining to the parties.
Additionally, the parties shall extend their full cooperation in completing this evaluation in a
timely fashion and in the scheduling of appointments.
6. Upon receipt of the report of the custody evaluator the parties may return to
Custody Conciliation without petition if a letter request is faxed to the Conciliator within ten
(10) days of the receipt of the report.
BY THE COURT:
J.
Dist: LA/icole M. Staley O'Gorman, Esquire, 1719 N. Front St., Harrisburg, PA 17102 lz?
Ronald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17108
l? ?
RECEIVED CCi 17 200yV?l
SHANNON M. SMITH-BRIGAMAN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4524 CIVIL TERM
V.
MATTHEW B. BRIGAMAN,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
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 THE CUSTODY OF
Grace M. Brigaman November 13, 2002 Mother
2. A Custody Conciliation Conference was scheduled for October 7, 2005
following Mother's September 1, 2005 Complaint for custody. Attending the Conciliation
Conference were: the Mother, Shannon M. Smith-Brigaman, and her counsel, Nicole M.
Staley O'Gorman, Esquire; the Father, Matthew B. Brigaman, and his counsel, Donald T.
Kissinger, Esquire.
3. Mother's position on custody is as follows: Mother claims to have been the
primary custodial parent during the marriage and she wants the custodial arrangement to
continue in that fashion. She reports that Father worked full-time and part-time jobs during
the marriage which left her with more child rearing responsibilities than Father assumed.
Mother took a child-rearing sabbatical after the birth and returned to work for the 2003-2004
school year. She also reports that she was the parent who cared for the child when she
was sick and took her to doctor's appointments. Mother's most pressing concern is her
belief that Father has chemical dependency problems. Specifically, she relates that he has
come home intoxicated as recently as June of 2005 and on one other occasion did not show
up at all when he was supposed to be caring for the parties' daughter. Although Mother did
not share specific information, Mother alleges that she has additional independent
verification of Father's continued alcohol use. Mother is employed as a teacher at the high
school level. She also teaches Wednesday evenings each week until 9:30 p.m. this
semester. She may not continue to teach on Wednesday evenings in the coming year.
Mother claims that Father had been in out-patient treatment at Mazetti and Sullivan but
prematurely discontinued the visits. She acknowledges that she monitors and keeps tabs
on Father because of her concern about his drinking. Because Father teaches on Friday
NO. 05-4524 CIVIL TERM
nights she would like to have his alternating weekends periods of custody to be from
Saturday morning at 9:00 a.m. until Sunday evening. Initially, she proposed that she pick
up the child after she is done teaching on Wednesday evenings. However, she later
compromised to agree that Father could take Grace to school the next morning rather than
have Grace woken up after Mother is done teaching to drive her back to Shippensburg
where Mother is presently residing.
4. Father's position on custody is as follows: Father resides in Mechanicsburg
and teaches ninth-grade students at the Cumberland Valley High School. Father also
teaches Friday evenings at HACC. His HACC teaching schedule for the new year has not
been determined at this time. Father seeks an equally shared physical custody schedule.
He points out the parties' similar work schedules and availability. Father is of the opinion
that since Mother's return to work in the 2003-2004 school year, he has shared equally in
childcare for the parties' daughter. Father acknowledges that he has participated in a
twelve-step program, but denies that he has ever had a chemical dependency evaluation.
Father acknowledges that he has seen a counselor at Mazetti and Sullivan in the past. He
is also scheduled to resume counseling within the next few weeks. Father would like an
equally shared custodial arrangement which would include weekday time and weekend
time. He offers to help with transportation. Father reports the status quo has changed
during the brief period these parties have been separated but says most recently that he
had custody on Wednesdays, Thursdays and one day during the weekend.
5. Inasmuch as the parties were unable to reach an agreement with regard to the
schedule of custody, specifically with regard to Mother's desire to have primary custody and
Father's desire to have shared physical custody, the parties are going to be in need of a
hearing. However, they have agreed to participate in a custody evaluation, sharing equally
in the costs. Counsel are to work on the selection of an evaluator for this purpose,
specifically with an eye toward an evaluator who has a background in chemical dependency
evaluation. Parties requested the option to return to Conciliation without further petition if
the request is made to the Conciliator within ten days of the receipt of the report. Pending
hearing, the Conciliator submits a recommended Order for the Court's review in the form as
attached.
In making this Order, the Conciliator notes that the child is not yet three and will
therefore be benefited by frequency of contact with both parents because, at this
developmental age, a child's experience of the passage of time rama ?cally slower than
that which adults experience.
Date r Melissa Peel Greevy, Esquire
Custody Conciliator
:260801
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON M. SMITH-BRIGAMAN, )
Plaintiff )
V. )
MATTHEW B. BRIGAMAN, )
Defendant )
NO. 05-4524 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODYNISITATION
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
THIS STIPULATION is made this 1(J day of R"Alk , 2008, by and
between MATTHEW B. BRIGAMAN (hereafter "Father"), of Cumberland County,
Pennsylvania, and SHANNON M. SMITH-BRIGAMAN (hereafter "Mother"), of Cumberland
County, Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto, current husband and wife who are separated and in the
process of divorcing, are the biological parents of Grace M. Brigaman, born November 13, 2002;
WHEREAS, pursuant to an interim order dated October 18, 2005 by the Court of
Common Pleas of Cumberland County, the parties share legal custody with Mother acting as
primary physical custodian subject to periods of partial custody by Father;
WHEREAS, said interim custody order further provides for the parties to undergo a
comprehensive custody evaluation, which evaluation has been performed by Deborah M. Salem
of Interworks with her report and recommendation finalized on March 16, 2006;
WHEREAS, contemporaneously herewith the parties have a executed a comprehensive
Marital Settlement Agreement to resolve all economic issues arising from their marriage;
WHEREAS, the parties are desirous of entering into this Stipulation to specifically settle
the issue of legal and physical custody of their minor child without the necessity of formal court
intervention;
WHEREAS, it is the intention of the parties to have this Stipulation entered as a final
order of court.
NOW, THEREFORE, in consideration of these premises and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, covenant and agree as follows:
1. Legal Custody. The parties shall share legal custody of their minor child,
legal custody being defined as the right to make major decisions affecting the best interests of the
child, including, but not limited to, medical, religious, moral, educational and general parenting
decisions. The parties agree to discuss and consult with one another with a view towards
adopting a harmonious policy calculated to promote the child's best interest. Each party shall
have the right to be kept informed of the child's educational, social, moral and medical
development. Each party shall be entitled to full and complete records and information
concerning the child from any doctor, dentist, teacher, treatment institution or similar authority
and have copies of reports, notices or other communications given to either parent. To effectuate
the parties' intent in this regard, each party agrees to execute, upon presentation thereof, any and
all documents necessary to facilitate the exchange of information to the other parent directly from
2
the appropriate doctor, dentist, teacher, treatment institution or similar authority. Each parent
shall notify the other of any matter relating to the child which could reasonably be expected to of
significant concern to the other. Day-to-day decisions shall be the responsibility of the parent
then having physical custody. The parent having physical custody of the child at the time of any
emergency shall have the right to make any immediate decisions necessitated thereby but shall
inform the other parent of that emergency and consult with him or her as soon as possible. Each
parent agrees to provide the other with notice of all the child's extracurricular activities, school
or otherwise, within forty-eight (48) hours of learning of such events.
2. Physical Custody. Mother shall remain the primary physical custodian of
the minor child subject to Father's periods of partial custody as set forth below:
(a). On alternating weekends from Saturday at 9:00 a.m. until
Monday morning when Father shall return the child to daycare (or take her to school);
(b). On those weeks subsequent to Father's custodial weekend, from
Wednesday after daycare (or after school) until Friday morning when Father shall return the child
to daycare (or take her to school);
(c). On those weeks that Father has his custodial weekend, from
Wednesday after daycare (or after school) until Thursday morning when Father shall return the
child to daycare (or take her to school); and
(d). On any other days, and any other times, mutually agreed upon by
the parties to effectuate the best interests of the child.
3
3. Summer. During the child's summer break (or commencing June I if the
child is not enrolled in school), Father shall have custody pursuant to a two week schedule that
provides Father with the following periods of partial custody. During the first week, Father shall
have the minor child on Wednesday after daycare (or 4:00 p.m. if not in daycare) until Friday
morning when Father shall return the child to daycare (or, if no daycare, Father shall have the
child until 4:00 p.m.); from Saturday at 9:00 a.m. until Monday morning when Father shall return
the child to daycare (or 4:00 p.m. if not in daycare). During week two, Father shall have the
child from Wednesday after daycare (or 4:00 p.m. if not in daycare) until Friday morning when
he shall return the child to daycare (or, if no daycare, Father shall have the child until 4:00 p.m.).
In addition to the summer general schedule, each parent shall also be afforded the ability to have
two continuous but non-consecutive weeks (i.e., seven days) of summer vacation. Written notice
of requested weeks of summer vacation shall be provided to other parent at least sixty (60) days
in advance of the anticipated vacation. If a conflict arises with respect to a certain week of
custody, priority shall be afforded to the parent who first provided written notice.
4. Holiday The parties shall alternate the following holidays, which
holiday period shall commence at 9:00 a.m. the day of the holiday and continue until 6:00 p.m.
the day of the holiday and shall take precedence over the regular schedule:
(a). Martin Luther King Day;
(b). Presidents' Day;
(c). Memorial Day;
4
(d). Fourth of July; and
(e). Labor Day.
In all even-numbered years, Mother shall have custody of the child for the Martin Luther King
Day, Memorial Day, and Labor Day holidays, and Father shall have custody of the child for the
Presidents' Day and Fourth of July holidays. In all odd-numbered years, Father shall have
custody of the child for the Martin Luther King Day, Memorial Day, and Labor Day holidays,
and Mother shall have custody of the child for the Presidents' Day and Fourth of July holidays
5. Mother's Day/Father's Davy. The parties agree Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. the day of the holiday until
6:00 p.m. the day of the holiday, and Father shall have custody of the child for each and every
Father's day from 9:00 a.m. the day of the holiday until 6:00 p.m. the day of the holiday. This
schedule shall take precedence over the regular schedule.
6. Easter. The parties agree to divide the Easter holiday on an equal basis
each year, which shall take precedence over the regular schedule. Segment "A" shall be from
6:00 p.m. the day before Easter until 3:00 p.m. Easter Day. Segment "B" shall be from 3:00 p.m.
Easter Day until 6:00 p.m. the day after Easter. In all even-numbered years, Father shall have
Segment "A" and Mother shall have Segment "B." In odd-numbered years, Mother shall have
Segment "A" and Father shall have Segment "B."
5
7. Thanksgiving. The parties agree to divide the Thanksgiving holiday on
an equal basis each year, which shall take precedence over the regular schedule. Segment "A"
shall be from 6:00 p.m. the day before Thanksgiving until 3:00 p.m. Thanksgiving Day. Segment
"B" shall be from 3:00 p.m. Thanksgiving Day until 6:00 p.m. the day after Thanksgiving. In all
even-numbered years, Mother shall have Segment "A" and Father shall have Segment "B." In
odd-numbered years, Father shall have Segment "A" and Mother shall have Segment "B."
8. Christmas. The parties agree to divide the Christmas holiday on an
equal basis each year, which shall take precedence over the regular schedule. Segment "A" shall
be from December 23rd at 9:00 a.m. until December 25`h at 3:00 p.m. Segment "B" shall be from
December 25`h at 3:00 p.m. until December 26"' at 8:00 a.m. In all even-numbered years, Father
shall have Segment "A" and Mother shall have Segment "B." In odd-numbered years, Mother
shall have Segment "A" and Father shall have Segment "B."
9. Children's Activities. Each parent shall ensure that the child
participates in all regularly scheduled activities during his or her periods of custody. If the
designated time for pick-up or return of the child during a scheduled activity, then pick-up or
return shall occur at the activity. Mother and Father agree to provide each other advance notice
of all scheduled activities, and they agree to consult with one another regarding the scheduling of
activities before enrolling the child in any such activities.
6
10. Transportation. Unless the parties agree otherwise, the party assuming
custody of the minor child for any periods of custody shall be responsible for the transportation.
11. Disparaging Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other party either directly to the child or in
the presence of the child. Likewise, the party shall ensure that third parties refrain from making
any disparaging or negative remarks with regard to the other party either directly to the child or in
the presence of the child. Neither party shall do or say anything which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the free and
natural development of the love and respect for the other parent. Mother and Father agree not to
discuss custody issues with the child or in the presence of the child.
12. Alcohol/Controlled Substances. For a period of twelve hours before and
continuing throughout any period of custody, Father shall not consume alcoholic beverages nor
possess or use controlled substances. Mother shall not possess or use any controlled substances,
and shall not consume alcoholic beverages to the point of intoxication during her custodial
periods. The parties shall likewise ensure, to the extent possible, that other household members
or guests do not possess or use controlled substances and do not consume alcoholic beverages to
the point of intoxication. Nothing contained herein shall prohibit the parties, other household
members or guests from possession or taking prescribed medication, as directed by a physician.
7
13. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to telephone privileges with the
child while the child is in the custody and control of the other parent. Unless the parties agree
otherwise, the non-custodial parent shall be entitled to telephone contact with the minor child
every other day that the minor child is with the other parent. Neither party shall unreasonably
restrict the other party's access to the child by telephone.
14. Notification. If either parent is going to be away overnight with the child
for two consecutive overnights or longer, that parent shall provide notice to the other parent as to
the location of the child and a number where they can be reached. Notice shall be given at least
forty-eight (48) hours in advance of the overnight travel.
15. Miscellaneous. Father agrees to engage in regular therapeutic sessions
with Rod Benner, or another therapist of Father's choice, and he agrees to continue with therapy
per the recommendations of his therapist. Mother agrees to continue with regular therapy with
Marcy Brenner or a therapist of her choice, and she agrees to continue with therapy per the
therapist's recommendations. Each party shall keep the other informed of any change in
therapist. Each party shall be entitled to periodic assurance, at the expense of the requesting
party, of the other's compliance with this paragraph. Each party shall execute an appropriate
release authorizing his or her therapist to disclose compliance or non-compliance only; no other
information about therapy or treatment shall be disclosed without the express written consent of
the party.
8
16. Family Counselor. Upon the request of either party, the parties agree to
identify a family counselor with whom they can work to resolve any conflicts which may arise
between them. The focus of the therapist's work would be to improve the ability of the parties to
work cooperatively as parents of the child and to act as a mediator of disputes.
17. Entry of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court to replace the interim custody order of
October 18, 2005.
IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day and
date first written above.
0-
I NESS
i
WITNESS
SHANNON M. SMITH-B G
9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF U
BEFORE ME, the undersigned authority, on this day personally appeared SHANNON M.
SMITH-BRIGAMAN, known to me to be the person who executed the foregoing instrument, and
who acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0. * day of
1 I lau? , 2008.
Not ublic in and for
Co nwealth of Pennsylv
Typed or printed name of Notary:
Anxia S I s
b. YVANIA
M Mmntww. PPENNS
haffer, Notary A&LNotwWWO
Expgse Jean. 2
MePennsylvania 10
COMMONWEALTH OF PENNSYLVANIA
f
COUNTY OF rAuk(OV ( L-
BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW B.
BRIGAMAN, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ? day of
(, -cL , 2008.
t? w
Notary Public in nd for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
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My commission expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
I DONNA 1. KNISELY, NOTARY PUBLIC
CITE OF HARRISBURG, DAUPHIN COUNTY
MY C0?9Ah?5S10N ExP+RES APRIL 28, 2008
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MAR 17 2008,4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON M. SMITH-BRIGAMAN,
Plaintiff
V.
MATTHEW B. BRIGAMAN,
Defendant
NO. 05-4524 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this /9 ` day of r-" , 2008, it is hereby ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Agreed Upon Custody
Order are incorporated herein and hereby made an Order of Court.
BY THE COURT:
Distribution:
v'Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616
t-,?Nichole M. Staley O'Gorman, Esquire, 1719 North Front Street, Harrisburg, PA 17102,
(717) 234-4178
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3?20?0$
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