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HomeMy WebLinkAbout06-1648 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA , - ~ .--.:-- NO. Oc.,. ) [, ,/? LvxJ / a..-. CRYSTAL 1. BROWNAWEU., Plaintiff TODD M. HALL, Defendant CIVIL ACTION. LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Crystal 1. Brownawell, who currently resides at 13 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania 17257. The Plaintiff and the minor child will be moving to another residence no later than the end of April 2006. 2. The Defendant is Todd M. Hall, who currently resides at 13 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff seeks custody of the following child: Name: Rylee Nicole Hall Date of Birth: Address: May 21, 2004 13 Red Shed Road, Shippensburg, PA 17257 4. The child was bom out of wedlock. 5. The ehild is presently in the custody of Crystal 1.. Brownawell, who resides at 13 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Crystal Brownawell and Todd Hall 13 Red Shed Road Shippensburg, P A OS/21/04 to present 7. The mother of the child is Ctystal 1. Brownawell, who resides at 13 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. 8. Mother of the child, Ctystal 1. Brownawell, is not married. 9. The father of the child is Todd M. Hall, who currently resides at 13 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. 10. Father of the child, Todd M. Hall, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Defendant currently resides with the following persons: The Plaintiff, Ctystal Brownawell, and the minor child presently reside with the defendant; however, Plaintiff/Mother and the child will be moving to another residence no later than the end of April 2006. 14. The 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 any other court. IS. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since her birth. She has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; ill. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged altemative daycare; VI. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Mother. c. Mother is able to provide a stable environment for the child. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff/Mother. Respectfully submitted, ABOM & KurULAKIS, L.L.P. D.\TE 3, 2.1 oLP Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249.0900 Attorney/or Plaintiff VERIFICATION I, Crystal L. Brownawell, verify that the statements made in this Custody Complaint 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 3 - dO -(J& ~~Aw~wep~A~Ol~ CERTIFICATE OF SERVICE AND NOW, this 2"\ gt.day of March, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First ,class mail, postage prepaid addressed to the following: Todd M. HaIl 13 Red Shed Road Shippensburg, PA 17257 Respectfully submitted, ABOM & KurULAKIS, L.L.P. ~w. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney.!or PlaintifF () ('- ~ ~ ~ '?= \.) :::r: :;0 f,) ~d N -.... -....J ~ l..Jj --_.~ =lj '-l-.' ~ --. .- <_:\ ~ - V Q-- ~. (-., ~ l ~. . .-_ I'd .>-\ :~ -- CRYSTAL L. BROWNAWELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA V. 06-1648 CIVIL ACTION LA W TODD M. HALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW.._"_.~-"nday, Marcil.27,2006___.__, upon considetation of the attached Complaint, it is hereby directed that parties and their respective eounsel appear before Hubert X. Gilroy, Esq. . the coneiliator, at_._4th"lo.o':!_c:.umberland County Courthouse, Carlisle on _.__!.hursday, May 04, 200~___.. at 8:30 AM fot a Pte-Hearing Custody Conferenee. At sueb eonferenee, an effort will be made to resolve the issues in dispute; or iftbis cannot be aecomplished. to deline and narrow the issues to be heard by the court. and to enter into a temporary order. All ehildren age live or oldct may also be present at the eonferenee. Failure to appear at the eonference mav provide grounds for entry of a temporary or permanent order. The eourt hereby direets the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the coneWator 48 hours prior to scheduled hearin!!. FOR TIrE COURT. By:..J.sI..._ Hubert X Gilrov, Esq., Custody Coneiliator i IIi'" (,\ The Court of Common Pleas of Cumberland County is requited by law to eomp!y with the Ametieans with Disabilites Act of 1990. For information about aceessible facilities and reasonable aceommodations available to disabled individuals having business before the eourl, please eontaet our office. All arrangements must be made at least 72 hours prior to any hearing or business bet()re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 170 \3 Telephone (717) 249.3166 _ ~ c.~;"JO<~' tf. -- ;.???,zn/ ~,7 ,., '. . f:Jf I' '; ,7" v /v'~cC ( mF " /ervff/ ,~ 7'0 (C ,< r~ r ~ /ppffl ~ . r~1l c'}(l LC' Z :nf"" '.,:.) LS :Z ~!d ,-; \lV'I "1,-,,, L. V (.J I'." "1~ 'J,;!\:)7 ~ ,. \,lvt> - CRYSTAL L. BROWNA WELL, Plaintiff IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW TODD M. HALL, Defendant NO. 2006-1648 IN CUSTODY COURT ORDER AND NOW, this ~ day of A.A-Z ,2006, The Conciliator being advised the parties have reached an agreement, the Con illation Conference scheduled for May 4, 2006 is cancelled and the Conciliator relinquishes jurisdiction. J2t;:.,.- Custody Conciliator r--' g <.l" -- ~~ , ~ - o -,"1 ..... -C..,., ~~~,8 ::">C) 5: C;? ~ - -,',~ ':,;~~ "::~::, I is :-< - v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA ~ NO. 010- It../ff' (]"uiL~~ CIVIL ACTION - LAW IN CUSTODY CRYST AL L. BROWNA WELL, Plaintiff TODD M. HALL, Defendant CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between CR YST AL L. BR 0 WNA WELL, (hereinafter referred to as "Mother") and TODD M. HALL, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely RYLEE NICOLE HALL, born May 21, 2004, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: v 1. Mother and Father shall have shared legal custody of the Child. 2. Mother shall have primary physical custody of the Child. 3. F ather shall exercise partial physical custody of the Child as follows: a. Every other weekend from Friday through Sunday. The times of the exchanges shall be as agreed upon by the parties. b. Every Wednesday at such times as agreed upon by the parties, with the provision that the child shall be returned to Mother no later than 8:00PM. c. At all other times as the parties may agree. 4. The parties will share all major holidays as follows: a. Thanksgiving Day: Mother shall exercise custody from 9:00AM through 3:00PM; Father shall exercise custody from 3:00PM through 9:00PM each year. b. Christmas Day: Mother shall exercise custody from 9:00AM through 3:00PM; Father shall exercise custody from 3:00PM through 9:00PM each year. c. Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. This custody schedule shall take precedence over the alternating weekend custody schedule. I 5. Transportation for the custody exchanges shall be shared such that the receiving party shall transport the Child. 6. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland county, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. - . 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~fk~~c~ LffiO& Date ~.~~4tf ~~~~ Lj-;)q-cu Date J~A'~ TODD M. HALL 0 ,.."" = ~ c: c::::::> - C1" 7;:-:..., X ~:n \JCt! mrn )> Z-:r; -< -oFn Z[ I (f).,)'"'> ~6 _/ CO rC' ..,...- :T!:a "i>", "" ;S;:t) :x @O PC: Om ;' ~ ~- =<! <..n CO -< 4. , r-;;-;c 0 '1""1' r'\ r:' rVE:' f) ~ MAY 1 0 Z006 bt; ~ CRYSTAL L. BROWNA WELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 06-1648 TODD M. HALL, Defendant CNIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this ~ day of ~ , 2006, the attached Custody Stipulation and Agreement is hereby made and Order of Court. cc: ~ 'o~ tP.\1)-- ~ o LUZ ~O '..I.- ;:r: ~~ u:W F!= t5 " o o M x: 0.. ~ Z ~<C ,:-)2 -~ J:::J ~( &:i ..JZ ~cz ,..!.jUJ G:lQ.. 2 :J o >- < :II: ...0 C) C) c:--.I ~ 1/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CRYSTAL L. BROWNA WELL, Plaintiff, No. 2006-1648 vs. TODD M. HALL, Defendant. PETITION FOR MODIFICATION OF CUSTODY STIPULATION AND AGREEMENT 1. The Petitioner, Todd M. Hall, is the Defendant in the subject action. 2. The Respondent, Crystal L. Brownawell, is the Plaintiff in the within action. 3. The parties are the parents ofa minor child, Rylee Nicole Hall, born May 21, 2004. 4. On April 29, 2006, the parties entered into a Custody Stipulation and Agreement. A copy of the aforesaid Stipulation is attached hereto as Exhibit "A" and made a part hereof. On May 10, 2006, the aforesaid Custody Stipulation and Agreement in this matter was made an Order of this Court. 5. In the aforesaid Stipulation, the Petitioner received periods of partial custody with his daughter every other weekend from Friday until Sunday, with the times of exchange being agreed upon by the parties. In addition, by agreement, the Petitioner has been able to see his daughter every Wednesday at such times as agreed upon by the parties, with the provision that the child shall be returned to the Respondent no later than 8:00 p.m. 6. At this time, the Petitioner's (Father's) work schedule has changed with his respective days off now being Sunday and Monday. The Petitioner believes, and therefore avers, that at this time, it is appropriate to amend the entered Custody Stipulation and Agreement as follows: Paragraph 2: a) The Petitioner (Father) and the Respondent (Mother) shall have shared physical custody ofthe minor child. ~ II Paragraph 3: a) The Petitioner (Father) shall have the child every Sunday morning through Tuesday at 2:00 p.m., his respective days off. On Tuesday, the Petitioner (Father) will drop the child off at the established daycare at 2:00 p.m. for pick up by Respondent (Mother) after work. b) The Respondent (Mother) shall pick up the child from daycare on Thursday and will have the child on her respective days off, Friday and Saturday and return the child to the Petitioner (Father) on Sunday mornings. c) On Wednesdays and Thursdays, the Respondent (Mother) shall drop off the subject minor child at the Petitioner's (Father's) place of residence in the mornings prior to going to work and Petitioner (Father) will drop the minor child off at the established daycare at 2:00 p.m. to be picked up by Respondent (Mother) after work. d) At all other times as the parties may agree. Paragraph 5: a) Transportation for the custody exchanges at all other times to be agreed upon by the parties. WHEREFORE, the Petitioner, Todd M. Hall, respectfully requests that this matter be scheduled for conference and/or hearing in order to address the issues set forth above. ~~M Dated: June ~d- ,2006 II I! VERIFICATION I, TODD M. HALL, verify that the statements made in the foregoing Petition 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. ~ /1 J;W Todd M. Hall Date: June dd.- ,2006 ~ v. I : IN THECO~T OF COMMON PLEAS ~ CUMBERL~COUNTy,PA ; NO. 01.- I~l{t CRYSTALL. BROWNAWELL, Plaintiff TODD M. HALL, Defendant : CIVIL ACTION . LAW : IN CUSTOm: (? :;;; _.....__,_:.;"",..."..~.....-.~,~~::<....-~~,,~ _.~{w:" ,""",~, c': ..~" __ __M,"_'."'_' "_,:~ ' , ' ~~~ '~ :;!~ Z~:0 ....... fflm til,... I :j:(~ ;;;.,> '" a:l Cl ~T' -o~. CUSTODY snpULAnON AND AlGREEMENT i8 :: ~~ ~ ~ ~ .-, ,." , ! :, nus STlPULA nON AND AGREEMENT dptered iIlto the day and year ! ". hereinafter set forth, by and between CR YSTAL L. BiWWNA WELL, (hereinafter ., referred to as "Motherb)and TODD M. HALL, (hereill~r referred to as "Fame?). WHEREAS, the parties are the natural parents ~f one child, namely RYLEE .. .-"C" .. ~{fef!/0Y~~~!;,~.~aX-~+~,fOQ~,"(h~x~i!1werreferrrcL to as "Childb);and WHEREAS, the parties live separate and ap~ and wish to enter into a. comprehensive stipulation and agreement relative to physical and legal custody of their Child. " NOW THEREFORE, in consideration of the *utual covenants, promises :1' andagreeroents as hereinafter set forth, the parties stipuIilte and agree as follows: EXHIBIT "A"" 00 'd Ol:Sl 900Z 6l uor Lt lOOtSLlL :xeJ , 1. Mother and Father shall have shared leg~ custody of the Child. . Mother shall have primary PhYsiCalcustrdY of the Child.. . Father shall ~ercise partial physical custrdy of the Child as follows: " a. Every other weekend from Priday t*ough Sunday. The times of the exchanges shall be as agreed upon by the parties. b.. EveryWednesda"at~""'imer.l$<<s~d up0d .151.. dll!'pmics,"wrt1l''''';'''r''"'' the provision that the child shall be returned to Mother no later " 2. 3. than 8:00PM. i i I i 4. c. At all other times as the parties may agree. , The parties will share all major holidays 4 follows: .. ~ D.l" Mmhu m.u ""J.. ~y from 9,00AM . I through 3:00PM; Pather shall exercise dUstody from 3:00PM through 9:00PM each year. "-"....,~"'....,;;.""'~"'i'-,c.~~,S~~~\.~~*~~ s~te:tl~c.\$e ,'~Qdy f.t:cm.9:00A..\1 " through 3:00PM; Father shall exercise qstody from 3:00PM I I ! , ! through 9:00PM each year. c. Mother shall have custody on Mother's bay. Father shall have 'j custody on Father's Day. This custody $chedule shall take 11 ',I' precedence over the alternating weekend-i custody schedule. EO'd tt:St SOOZ 6l unr LELOOESLl L:xe j 5. Transportation fouhe custodyexchang~s shall be shared such that the , , receiving pany shall transport the Child), 6. Neither pare~t shall do aJlything WhiC~ may estraJlge the Child frem the other panly, injure the opinion of the Child as to the other party, I ' . !I or which may, hamper the free and natutal development of the Child's ! leve a..'1d. affection.for t.a.. ethe-r.pany:'" ,.",. ~._~~"'_. ~-"',' '.' 7. Any modificauonor waiver of any of tht! provisions of this Agreement on a permanent basis shall be effective rnly if made in writing, and enly if executed with the same formality as this Stipulation and i Agreement. I 8. The parcies desire that this Stipulation land Agreement be made an Order of Court of the Court of Co~mon Pleas of Cumberland county, and further acknowledge that ~ Court of Common Pleas of ....,""'_.=~,"__~~m~e,rl~d>.9~UJ1~Lg9~~J..WJ~~_h~.e~i~~criPQ ov-er..me issue of custody of the parties' minor Child, whq has resicledforat least the past six (6) months in Cumberland Count)l, Pennsylvania. 9. The parties stipulate that in making this Aigceement, there has been no fraud, concealment, overreaching, coercio4, or other unfair dealing en i . the part of the other party. tlO"d iL:Si 900l 6L unr L8 L008SLLL:xe~ .'.-\ I I i i - . ' " ' 1 l , I I I ~: 10. The parties acknowledge that they h~ve read and understand the . provisions of this Agreement, Each rany acknowledges that the Agreement is fair and equitable and 4t it is not the result of any , duress or undue influence. , i I I IN WITNESS-WHEREOP;the'parties'her~~emttng..tooeregrnibb1.1ii(f';'~l'~" , I by ,the terms hereof, set forth their hands and seals'l,the day and year hereinafter I mentioned. , i I i 1 \ I WITNESSETH: ~;1.'., ~.~ ' 1../',11. (XI' Date j I. ,.---,1: . ,I' ~~ {1/~tMVlILeff ~R ),STAL. . WNAWELL '~.~....~~ .. 'I '.7:'1 ~----~~p-' .--".-:-~'~..~- C-70" ;'L"" , .~~....",:;,~,.J),:~..~tf".~ =t' ,~' ".,'l.. - ." ",'1, '.. . //-/'" .,' " Date TOOD M. HALL ' SO"d l~:S~ SOOl G~ unr LBlOOBSL~L:X.3 ~ f ~ n "" ;-::.. :::-...:1 t-:J ~--.~ C~) ,~-. "'n r :-? - { i'(j ...:" r'--,) ...", ..c. N v-, ~ ~"i: -, , .. .. (:3 __.);"-01 ~ -:::.-:-1 ,..-... :-~ ~ ~ .< CRYSTAL L. BROWNAWELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1648 CIVIL ACTION LAW TODD M. HALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 29, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective eounsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisi':., on Friday, Aueust 18, 2006 , the eoneiliator, at 8:30 AM -- for a Pre-Hearing Custody Conferenee. At such eonferenee, 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 eonferenee may provide grounds for entry of a temporary or permanent order. The eourt 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 hearine. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq.~ Cllstody Coneiliator The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disabilites Aet of 1990. For information about accessible facilities and reasonable aeeommodations available to disabled individuals having business before the eourt, please eon tact our offiee. All arrangements must be made at least 72 houts prior to any hearing or business before the court. You mllst attend the seheduled eonferenee or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 ~~Ip ~/,aY'Pr/~ ~ ~ . ._}..~ . ~-16Jfr 7- ~~'n , C."J.-:, I (. G .'.~ ,'l..i'" r "-r' \j 'J i, _i :I.ll BiH '17 . 0['. '? W. 0[:.') CRYSTAL L. BROWNA WELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TODD M. HALL, Defendant CIVIL ACTION - LAW No. 06-1648 CNIL IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY STIPULATION AND AGREEMENT AND NOW, comes Todd M. Hall, by and through his attorney, LeslieA. Tomeo, Esquire, and in support of the within Petition avers as follows: 1. PetitionerlDefendant is Todd M. Hall, who resides at 28 West Glebe Avenue, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is Crystal L. Brownawell, who is the Plaintiff in this matter. 3. On May 1,2006, the Honorable Edgar B. Bayley signed a Custody Stipulation and Agreement as a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Defendant's work schedule has changed, thus changing his days off and directly effecting said Stipulation and Agreement. b. A conciliation was scheduled for August 18, 2006, but Defendant indicated that he and Plaintiff had worked a resolution amongst themselves. c. Defendant now indicates that a mutual agreement has not been reached regarding Defendant's new work schedule. 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant modification of the Custody Order as follows: Petitioner and the Respondent have Shared physical custody of child, with an appropriate exchange schedule determined by the Court. Respectfully submitted, ROMINGER & WHARE Date: August 23, 2006 ie . Tomeo Esquire 155 South Hano er Street Carlisle, PAl 7013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner/Defendant CRYSTAL L. BROWNA WELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TODD M. HALL, Defendant CIVIL ACTION - LAW No. 06-1648 CIVIL IN CUSTODY ATTORNEY VERIFICATION Leslie A. Tomeo, Esquire, states that she is the attorney for Todd M. Hall in this action; that she makes this affidavit as attorney because she has sufficient knowledge or infonnation and belief, based upon her investigation of the matters averted or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~'4904, relating to unsworn falsification to authorities. Date: August 23, 2006 . CRYSTAL L. BROWNAWELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. TODD M. HALL, Defendant CIVIL ACTION - LAW No. 06-1648 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Petition for ModifICation of Custody Stipulation and Agreement upon the following by first class mail postage paid at Carlisle, Pennsylvania addressed as follows: Kara Haggerty, Esquire 36 S. Hanover St. Carlisle, P A 17013 Dated: August 23, 2006 'e A. Tomeo, Esquire 155 South Hano r Street Carlisle; PA 1701 3 (717) 241-6070 Supreme Court ID # 200198 Attorney for Plaintiff (") C r:... :iF -- -u-:;-: ~ rr- (, ; (~ ~ . .c)r,ro ~ ~ ~ ~s' ~ ~:c - """ ...... ? I~- ~ ~:: ~~ ~ >- ~ ~ ~ --v ~ ~ t ~ , /"-.) c:o = 0"" > c:: G") N W -0 :x <;-? .r:- ~ ~ n.., :0 <B' _.-1 fl. -r:~ ~2~ 6rn ?i5 -< RECEIVED AUG 1 8 2006 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1648 CML ACTION - LAW CRYSTAL L. BROWNA WELL, Plaintiff TODD M. HALL, Defendant IN CUSTODY ORDER ~ AND NOW, this I' day of August, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. ~. Gilroy, Esquire Custody Conciliator v11'N^l,\s,'~r.J3d AJ.NnOJ 't'i::m"Jna '1 I) : II WV 8Z ~nv 900Z Al:JIilONOHWcd 3H1 :JO 3~)I:!IO-(13l1::l , CR YST AL L. BROWNA WELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1648 CIVIL ACTION LAW TODD M. HALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 25, 2006 , upon consideration of the attaehed Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 21, 2006 , the coneiliator, at 9:30 AM for a Pre-Hearing Cllstody Conference. At sl1eh conferenee, 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 eourt, and to enter into a temporary order. All children age five or older may also be present at the eonferenee. Failure to appear at the eonference may provide grounds for entry of a temporary or pennanent 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 hearin!!. FOR THE COURT. By: /s/ Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is reqllired by law to eomply with the Americans with Disabilites Act of 1990. For infonnation abollt aeeessible facilities and reasonable aceommodations available to disabled individuals having business before the court, please contact our offiee. All arrangements must be made at least 72 hours prior to any hearing or business before the eourt. You must attend the seheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Assoeiation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ d,P-'P" 11- "": ~ ~ 7t7./- b ~# ~ ~ ~;zo~ ~ Y(/.~_p ~p ~ ~~~ ~ -J1P 1(/'1'~ Iflt,I'III-'\ "NN:Jd A1NnC"': ""~''::81''ino OS :01 t~V I - d3S 900Z AlNlOiiCHlOUd 3Hl :JO 38i:UD-(j311:l CRYSTAL L. BROWNA WELL, Plaintiff SEP 2 5 2006~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TODD M. HALL, Defendant NO. 2006-1648 IN CUSTODY COURT ORDER AND NOW, this ~ day of September, 2006, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. (') c:: 5:~ '" c::::. c::::. er- e..., rr-I -0 N -.....; o "Y1 ::r!'Y1 f71 ;==:: ]]0 -:~) I --Ie: -;:~;~~~~) ..>: f5 (5 III -, :S "'" -0 ~;"'" ~ - - CJ) CRYSTAL L. BROWNA WELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 06-1648 TODD M. HALL, Defendant CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Plaintiff, Crystal L. Brownawell, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP DATEJ1i/28/6Lc Kara W. Haggerty, E 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 86914 Date Michelle L. Somm , Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 r--..> = = <::n (/) f"'!'j -0 p.,,> 00 o "'Tl ~ rn ::!J I "um :nO '2 c) :1:+1 J-' 2;.-0 dm ~--l ~n -< -0 ::r: N (.,.'J .1:'" CRYSTAL 1. BROWNAWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TODD M. HALL, Defendant CIVIL ACTION - LAW No. 06-1648 CIVIL IN CUSTODY AMENDED STIPULATION AGREEMENT AS TO CUSTODY The defendant, Todd M. Hall hereinafter referenced as "Father," and Plaintiff, Crystal 1. Brownawell, hereinafter referenced as "Mother," hereby agree to the entry (Jfthe following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Rylee Nicole Hall, born May 21, 2004, hereinafter referenced as "Child": 1. The parties hereto agree that the best interest and continuing welfare of the Children would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. S5302. All decisions affecting the Child's growth and development, not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. s5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Child. (d) Father shall exercise periods of partial physical custody as mutually agreed upon by the parties as follows: 1. Father shall have child every Monday and Tuesday from 6a.m. to 2p.m. Mother will drop off the child every Monday and Tuesday morning at 6a.m. Every Monday and Tuesday Father will drop off the child at child's maternal grandmother's residence at 2p.m. 2. Father shall have child every other weeke.ld from Friday at 12p.m. to Sunday at 2p.m. Father will pick up the child at 12p.m. and drop the child off at Child's maternal grandmother's at 2p.m every other weekend. 2. The parties will share all m<:tior holidays as follows: a. Thanksgiving Day: Father shall exercise custody from 9a.m. to 3p.m. and Mother shall exercise custody from 3p.m. to 9p.m. each year. b. Christmas Eve and Christmas Day: Father shall exercise custody from 9a.m. to 11 :OOp.m. on Christmas Eve. Mother shall exercise custody f10m 9:00a.m. to 11 p.m. Christmas Day each year. c. Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. This custody schedule shall take precedence over the alternating weekend custody schedule. 3. The parties shall do nothing that may estrange the Children from the other party or hinder the natural development of the Children's love or affection for the other party. 4. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 5. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland county, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Father is represented by Leslie A. Tomeo, Esquire of Rominger & Whare and Mother is represented by Michelle L. Sommer, Esquire of Abom & Kutulakis. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: 11/0 %~ , , Date If /, /0 , Date I ( J 0 -:s). 0(; Date Le 'e A. Tomeo, squire ~b~~ .Cry al L. rownawell ~~}~ Michelle L. So er, Esquire ~ Date (--, ,~ () r~:;" ~:.2 1"-.) ,-::J e~'":'). C1' 2:': C) ~.-: I en C) NOV 0" 2006 fA J- CRYSTAL L. BROWNA WELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TODD M. HALL, Defendant CIVIL ACTION "- LA W No. 06-1648 CIVIL IN CUSTODY ORDER OF COURT 1. AND NOW, this ~ day of N ~ , 2006, the attached Amended Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, 1. ;' L- >- IX <: LUt~ C-2 ~~~ GJ ;==! Lt.J ..L. I.: I- lL. (J r .1 · ~ t f r ~ ,['\ (;' f'J~ f"- a " ...:r .",:.- r.., l""- I i..::J ~.. i.... ~ '-~ C-:.:J = ("-,J ""3 o CRYSTAL L. BROWNA WELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TODD M. HALL, Defendant CIVIL ACTION - LA W No. 06-1648 CIVIL IN CUSTODY AMENDED STIPULATION AGREEMENT AS TO CUSTODY The defendant, Todd M. Hall hereinafter referenced as "Father," and Plaintiff, Crystal L. Brownawell, hereinafter referenced as "Mother," hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Rylee Nicole Hall, born May 21, 2004, hereinafter referenced as "Child": 1. The parties hereto agree that the best interest and continuing welfare of the Children would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. S5302. All decisions affecting the Child's growth and development, not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. s5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Child. (d) Father shall exercise periods of partial physical custody as mutually agreed upon by the parties as follows: 1. Father shall have child every Monday and Tuesday from 6a.m. to 2p.m. Mother will drop off the child every Monday and Tuesday morning at 6a.m. Every Monday and Tuesday Father will drop off the child at child's maternal grandmother's residence at 2p.m. 2, Father shall have child every other weeke.ld from Friday at l2p.m. to Sunday at 2p.m. Father will pick up the child at l2p.m. and drop the child off at Child's maternal grandmother's at 2p.m every other weekend. 2. The parties will share all major holidays as follows: a. Thanksgiving Day: Father shall exercise custody from 9a.m. to 3p.m. and Mother shall exercise custody from 3p.m. to 9p.m. each year. b. Christmas Eve and Christmas Day: Father shall exercise custody from 9a.m. to 11 :OOp.m. on Christmas Eve. Mother shall exercise custody f10m 9:00a.m. to 11 p.m. Christmas Day each year. c. Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. This custody schedule shall take precedence over the alternating weekend custody schedule. 3. The parties shall do nothing that may estrange the Children from the other party or hinder the natural development of the Children's love or affection for the other party. 4. Any modification or waiver of any of the provisions ofthe agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 5. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland county, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part ofthe other. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Father is represented by Leslie A. Tomeo, Esquire of Rominger & Whare and Mother is represented by Michelle L. Sommer, Esquire of Abom & Kutulakis. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: I/joajov I , Date /fl,/ob Date I r J 0 -3\- OG; Date Le e A. Tomeo, squire ~.b~ fry. al L. rownawell v~~, ~ Michelle L. Som~r, Esquire ~ Date o t'~-" ." .J~,., .....-t .,./.: r-" (...;;::;; c.~ cT" ?~ <::) ~_:.: , 0" ~ ~-r r1'iS~ ......., ::1~', x:- c:)