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HomeMy WebLinkAbout02-2767 CHRISTOPHER J. BRUTKO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-2767 CIVIL ACTION LAW KARLA A. BRUTKO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 23, 2004 , upon consideration of the attached Complaint, , the conciliator, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyue, PA 17043 on Mouday, October 18, 2004 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 priior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gree~)y, Esq. Custody Conciliator mhc 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 ATl'ORNEY 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 Stlreet Carlisle, Pennsylvania n013 Telephone (717) 249..3166 ~ $P ~ ~ ~ AO.cr.p ~ ~ +/IP' ~ ~ ~lt, hI/_ (~.(; ~ I;w ~ ~ ~n /J(/.t.,("b I;flNli^lASNN3d AlNflO8 O~.l\fltG8V'jno IS: I Wd LZ d3S ~OOl ,bvIONOHlOod 3Hl :lO , - 381:HO-<J311:1 II CHRISTOPHER J. BRUTKO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 0.2-.27(,,'7 ~ - I~- KARLA A. BRUTKO, DEFENDANT IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, CHRISTOPHER J. BRUTKO, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is CHRISTOPHER J. BRUTKO, an adult individual who resides at 7 Raylen Drive in Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is KARLA A. BRUTKO, an adult individual who resides at 114 North Frederick Street in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 15 October 1995 and separated in April of 2001. 4. The Plaintiff and Defendant are the parents of two minor children, Darien Christopher Brutko, age 5, born 24 December 1996 and Kendyl Nicole Brutko, age 1 y., born 27 September 2000. 5. Plaintiff seeks an award of shared legal and physical custody of the said minor children, Darien Christopher Brutko and Kendyl Nicole Brutko. 6. The children were not born out of wedlock and are presently in the custody of the Defendant. 7. During the past five years, the minor children have resided with the following persons at the following addresses: December 1996 to April 2001 Plaintiff & Defendant 114 North Frederick Street Mechanicsburg, PA 17055 April 2001 to present primarily with Defendant 114 North Frederick Street Mechanicsburg, PA 17055 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. II . 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with his parents. 11. The Defendant is the natural mother of the children. Defendant currently resides with the children. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. He has always been directly involved in the care and upbringing of the children and wants to maintain a close relationship with them; and B. He sees the children, on average, at least three days per week, plus every other weekend but, because of his work schedule, has not been able to have them for longer periods of time and now is able to change his work schedule so he can have them with him fifty percent or more of the time; and C. He believes that, as the children grow older, it is in their best interest to spend substantial periods of time with both parents. 14. 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. WHEREFORE, CHRISTOPHER J. BRUTKO, requests this Court to grant him shared legal and physical custody of the children, Darien Christopher Brutko and Kendyl Nicole Brutko. (~.And{PY~ Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~,. 3' -oL , ff ~ l;' ~ ~ -.t '" ... \> ] ~ (') C ;.""" -r:1(;;'-: r;'ll-~/' 7,; tfj 5:,~ o N ,- i-== "'.',;0 ....- o 'n n..J ,.:.'J"J ~ c: .','" S~~',,: L:: =? , a, ,...., I.:::J fL., "'.,.' ~I'...! ., - g ~ '.C' :,.) OJ1 (,) C) )rf1 ::-=\ "'~; :<: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~ENNSYL VANIA I CHRISTOPHER J. BRUTKO V. 02-2767 CIVIL ACTION LAW KARLA A. BRUTKO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 12,2002 , upon consideratio of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa . Gree , Es. , the conciliator, at 301 Market Street. Lemoyne, PA 17043 on Tuesda ,Jul 16,2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the co , and to enter into a temporary order. All children age five or older may also be present at the conference. Failure t 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 Prote tion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sc eduled hearing. FOR THE COURT, By: IsI The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and rea onable accommodations available to disabled individuals having business before the court, please contac 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 0 CEo IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTOPHER J. BRUTKO, JUL 2 2 2002 i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2767 CIVIL TERM v. Defendant CIVIL ACTION - LAW IN CUSTODY KARLA A. BRUTKO, TEMPORARY ORDER OF COURT AND NOW, thisz. '3-1 day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Christopher J. Brutko and Karla A. Brutko, shall have shared legal custody of the minor children, Darien Christopher Brutko, born December 24, 1996 and Kendyl Nicole Brutko, born September 27, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. follows: Physical Custody. Father shall have physical custody to be arranged as A. Effective July 19, 2002, Father will have three (3) of each four (4) custodial weekends. The weekend shall be from Friday until Monday. B. Each week from 2:00 p.m. to 8:30 p.m. on Tuesday and Thursday. C. At all times not reserved to Father, Mother shall have physical custody. Mother's next custodial weekend shall commence on July 26,2002. The parties shall use this physical custody arrangement for a period of 60 days. If either party desires to reconvene the Custody Conciliation Conference within 60 days of the date of this Order, such request may be made through counsel to the Conciliator by letter. "" VlNv^lASNN3d JJ.Nno:) r.r\'\1l838\"lm SS :2 ~!d 82 -mr 20 Atl\i'.lC\\I'- :: ~)\. ,.:..:,,:'.::-!',J:n\::: -1("\ ......J NO. 02-2767 CIVIL TERM 3. Holidays. A. The parties shall alternate the following holidays: Memorial Day, Independence Day and Labor Day. The time for these holidays shall be defined as from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. B. Christmas. Christmas shall be shared on an AlB schedule. Segment A of Christmas shall be defined as December 24th from 8:00 a.m. until 1 :00 p.m. and December 24th from 8:30 p.m. until December 25th at 2:00 p.m. Segment B shall be defined as December 24th from 1 :00 p.m. to 8:30 p.m. and December 25th from 2:00 p.m. until December 26th at 2:00 p.m. In even numbered years, Father shall have Segment B and Mother shall have Segment A. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. C. Thanksgiving. Thanksgiving shall be divided into Segment A and Segment B. Segment A shall be from Wednesday after school until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00 p.m. Thanksgiving Day until Friday at 2:00 p.m. In 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. D. Easter. Easter shall be divided into two segments. Segment A shall be Saturday from 2:00 p.m. until 8:30 p.m. and Sunday from 2:00 p.m. until Monday morning. Segment B shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. 4. Vacation. Each party shall be entitled to seven (7) uninterrupted days of vacation, to include their custodial weekend, one time each summer. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties shall have scheduled conflicting vacation time, the party first providing written notice shall have the choice of summer vacation. BY THE COURT: ~muel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 !homas S. Diehl, Esquire, 1 W. High Street, Carlisle, PA 17013 J. Dist: t;:orr;t CHRISTOPHER J. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, CIVIL ACTION - LAW Defendant IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Darien Christopher Brutko Kendyl Nicole Brutko December 24, 1996 September 27,2000 Mother Mother 2. A Custody Conciliation Conference was held on July 16, 2002 pursuant to Father's filing of a Custody Complaint on June 6, 2002. Present for the conference were the Father, Christopher J. Brutko, and his counsel, Samuel L. Andes, Esquire; the Mother, Karla A. Brutko, and her counsel, Thomas S. Diehl, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 1//1#/0 :;)./ Date :160647 ~ ?~~ ~ ~7>~5rg~~ ~ r ~ ~ '~14" M;1 -;:'?l VINV,1\1J.,SNN3d )JJ'd1n ('1'1 r, ,"\n~.pCj:Alnf'\ 'I :....,".. ."," ",.~,"CJY'. V i I :" ~JV 6 I Wlf 20 AljilC\\O;- u.;~,,':,~c;~' :10 381.:J.:iO-G:rl,i:J ('() pI. ? (""'~ ,?/. ? e>() JI.? ()'1~ CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION -AT LAW : CUSTODY nF,FF,NllANT'S PF.TTTION TO MODIFY TF,MPORA~RV ORnF.R OF COITRT AND NOW, the Defendant, Karla A. Bmtko, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Karla A. Bmtko, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides :at 114 North Frederick Street, Mechanicburg, Cumberland County, Pennsylvania, 17055. 2. Respondent, Christopher J. Bmtko, Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 137 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. There are two dependent children from the rdationship of Mother and Father, namely Darien Christopher Bmtko, born December 24, 1996, and Kendyl Nicole Bmtko, born September 27, 2000, hereinafter referred to as the Children. 4. The parties previously attended a conciliation conference on July 16,2002, before Melissa Peel Greevy, Esquire, pursuant to Father's filing of a Custody Complaint on June 6, 2002. A Temporary Order of Cowt was subsequently entered on July 23, 2002. This Order is attached hereto as Exhibit A. 5. Later on the same day as the custody confenmce, July 16, 2002, the parties re- discussed the custody schedule and decided to amend paragraph 2.A. of the July 23, 2002 Order such that instead of three of every four custodial weekends as stated in the Order, Father would have alternating weekends from Friday afternoon until Monday morning. The parties also amended paragraph 2.B. of the Order such that in addition to Father having the children every Tuesday and Thursday from 2:00 p.m. to 8:30 p.m. (as stated iin the order), on the weeks Father was scheduled to have custody for the upcoming weekend he would keep the children overnight on Tuesday and on the weeks Mother was scheduled to have custody for the upcoming weekend, Father would keep the children overnight on Thursday. 6. Mother seeks to further modification to the July 23, 2002 Order by adding the following to paragraph 3 of the Order: H~l1"ween. In all even years, Mother shall have custody of Darien and Father shall have custody of Kendyl on trick-or-treat night. In all odd years, Father shall have custody of DariLen and Mother shall have custody ofKendyl on trick-or-treat night. 7. The parties have never abided by the Order as written. Instead, the parties have been following the schedule stated above since the date of the custody conciliation conference. 8. Mother is also seeking to change the end time of Father's Tuesday and Thursday custody to 8:00 p.m. instead of 8:30 p.m. 9. Mother would also like a provision added to the Order, which prevents the parties from discussing the custody case directly with the children or in the presence of the children and prevents the parties from making any disparaging remarks regarding the other parent in the presence of the (:hildren, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall not permit the children to remain in the presence of relatives and friends who are making any disparaging remarks regarding either parent in the presence of the children. WHEREFORE, Mother respectfully requests this Honorable Court to modify the Temporary Order of Court to substantially reflect thl: schedule the parties have been following for the past two years as described above with additional provisions as set forth above. Dated: fUtJ!zooY Respectfully submitted, ~ -- Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION .. AT LAW : CUSTODY VlCRTFlCATlON I, Karla A. Brutko, hereby verify that the statements made in the foregoing petition 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. 9 4904, relating to unsworn falsification to authorities. Date: f //tf/o <I f ' Si_ ~~~ ~ CHRISTOPHERJ. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION .- AT LAW : CUSTODY (;FRTTFTrATF OF SFRVTrF I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Christopher J. Brutko, Esquire 137 East Pomfret Street Carlisle, P A 17013 Dated: 11tf1/2fJOV ~ ~. BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 A.J ~ .{g, 1f- '1 ~ .l:: C) '" 0 c- = 0 "- c:::> ......- "^i"l ~ ..t::: () G? ::;:! -.l '-Tl h':'ll~:r;;! ~ -0 -<:: '""()1"C] --.) -.J :nl"-:J C) (I -.J:::: ..~ J " '!----, ~ ( :,:-:-J: r") ~~: , r......> ;.~ ~~ , ."'- ;-.1 _.-1 ~Fl -< c-,) N -< CHRISTOPHER J. BRUTKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN CUSTODY : NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant PRAECIPE TO WITHDRAW APPEARANCE To the prothonotary: Please note that, pursuant to Pa. R.C.P. 1012, Samuel L. Andes hereby withdraws his appearance as attorney of record for Christopher J. Brutko, the Plaintiff in the above captioned matter. Date: ~ 2cu9- ~.A' S,ES 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of The Family Law Clinic as counsel of record for Christopher J. Brutko, the Plaintiff in the above-captioned case. Date: lO-13-0'f ~~~'~ CHARLENE J. QUI INA Certified Legal Intern '-1h~ ~ rcJ oJ:( ~E INS .' THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013-2899 (717) 243-2968 .' C) c- ,,,' C:.> C::::.' .;:' c-=:- ('.') (}: (",) ~.,-: C,) -<. _J -~ ("') ;';1 .-..1 ~ 'i --;"1 CHRISTOPHER J. BRUTKO, Plaintiff! Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant! Respondent : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Christopher J. Brutko, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 1//-5/0'1 / / Respectfully submitted, FfvJ.&lu,~.~ CHARLENE 1. uIi A Certified Legal Intern ~tJ(L;Yt. UC J] STON- WALSH ANN ACDONALD-FOX ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ,'-" r-> () ";. ~ (',:,""'? '1::::.:":.) -n ..;:.- \-1 -.. ~- I oIOl1~_ ". C) ,- c::: .11~ -ntn ,'ri I 't1): W t') ,," ';j~ ,j """iJ ::~~ ~q ;.,,-['n _r::- ".) )::~ C;) :!~ -1';;- . . CHRISTOPHER 1. BRUTKO, Plaintiff/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant! Respondent CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION TO MODIFY TEMPORA.RY ORDER OF COURT 1. The Plaintiff/Petitioner, Christopher A. Brutko, by his attorneys, the Family Law Clinic, respectfully represents that on July 23, 2002, a Temporary Order of Court was entered for custody ofDarien Christopher Brutko, born December 24, 1996, and Kendyl Nicole Brutko, born September 27, 2000, a true and correct copy of which is attached. This Order granted Plaintiff/ Petitioner (hereinafter Father) three of every four custodial weekends, and every Tuesday and Thursday from 2:00 p.m. to 8:30 p.m. The parties subsequently privately agreed to amend the July 23,2002 Order, such that Father would have custodial periods on alternating weekends from Friday afternoon until Monday morning. Additionally, Father would have an overnight custodial period on alternating Tuesdays and Thursdays. 2. Defendant/ Respondent (hereinafter Mother), med a Petition to Modify the Temporary Order of Court on September 16,2004. The parties attended a custody conciliation on October 25,2004, before Melissa P. Gree~1, Esquire. The parties did not reach agreement. 3. The July 23,2002 Order should be modified bel~ause: a. The parties have never followed the July 23, 2002 Order. b. Father would like to have more time with his children and specifically would like shared physical custody of the children on an alternating weekly basis because he believes that such an arrangement would create a more stable environment for the children. 4. Pursuant to C.C.R.P. 206-2, the Family Law Clinic contacted the office of Jeanne Costopoulos, Esquire, counsel for Mother, to seek her concurrence with this petition. Opposing counsel does not concur with the relief requested in Father's Petition. WHEREFORE, Father respectfully requests that this Honorable Court modify the existing Temporary Order of Court, granting the parents shared physical custody on an alternating weekly basis, as it will be in the best interest of the children. Date: / / /.5'/ tV / I j) L /. J C,' ~ENE. U Certified Lega Intern ~\ LA. 1 ' UCYJI ANN riA DONALD-FOX ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications to authorities. Date: 11- 6 rc?7 4fer.t~ . . . ~ (f..- '" D [PI =0.":',' /,"7 '.' ~'/ /. l.._j, 1\ " J' \0 \.. . JUt 2 2 2002 oj I / I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2767 CIVIL TERM CHRISTOPHER J. BRUTKO, v. CIVIL ACTION - LAW KARLA A. BRUTKO, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, thisZ. 3-1 day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Christopher J. Brutko and Karla A. Brutko, shall have shared legal custody of the minor children, Darien Christopher Brutko, born December 24, 1996 and Kendyl Nicole Brutko, born September 27,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. s5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence c;lddress of the children and of the other parent. To the extemt 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. follows: Physical Custody. Father shall have physical custody to be arranged as A. Effective July 19, 2002, Father will havB three (3) of each four (4) custodial weekends. The weekend shall be from Friday until Monday. B. Each week from 2:00 p.m. to 8:30 p.m. on Tuesday and Thursday. C. At all times not reserved to Father, Mother shall have physical custody. Mother's next custodial weekend shall commence on July 26,2002. The parties shall use this physical custody arrangement for a period of 60 days. If either party desires to reconvene the Custody Conciliation Conference within 60 days of the date of this Order, such request may be made through counsel to the Conciliator by letter. NO. 02-2767 CIVIL TERM 3. Holidays. A. The parties shall alternate the following holidays: Memorial Day, Independence Day and Labor Day. The time for these holidays shall be defined as from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. B. Christmas. Christmas shall be shal-ed on an A/B schedule. Segment A of Christmas shall be defined as DecE!mber 24th from 8:00 a.m. until 1 :00 p.m. and December 24th from 8:30 p.m. until December 25th at 2:00 p.m. Segment 8 shall be defined as December 24th from 1 :00 p.m. to 8:30 p.m. and December 25th from 2:00 p.m. until December 26th at 2:00 p.m. In even numbered years, Father shall have Segment 8 and Mother shall have Segment A. In odd numbered years, Mother shall have Segment 8 and Father shall have Segment A. C. Thanksgiving. Thanksgiving shall be divided into Segment A and Segment B. Segment A shall be from Wedm~sday after school until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00 p.m. Thanksgiving Day until Friday at 2:00 p.m. In 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. D. Easter. Easter shall be divided into two segments. Segment A shall be Saturday from 2:00 p.m. until 8:30 p.m. and Sunday from 2:00 p.m. until Monday morning. Segment B shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. 4. Vacation. Each party shall be entitled to seven (7) uninterrupted days of vacation, to include their custodial weekend, one time each summer. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties shall have scheduled conflicting vacation time, the party first providing written notice shall have the choice of summer vacation. . .'" .,.~ 'C.,('.,t .', ,~.\ *-';.:',.... '; ~~ .-\ ., r'" I iN '-'.1 \. ',.,' >../ ~.. ~"i . 1l..1j: ,.;... ....J\.... .. ,~,I' ; ~;...:i1..J $,.: \uJ" \.!-~' ~ I , . i:A.....r lOll", " . - a . . .....,t ! ,......'" .,,'/(\ .~\''' my h.O.~J lr,'; 'frst_'n:}f:Y\~i:~;)ti;l.L" .~!:,:I.; '~~:'.''''.:' r.". - n- '., ~' ..,.. ,~t,...t'''~'\~ r,;J. _,,, ""L.. A'. .o:.~ t,$ ";'~;;"'1 . nt~j l ...!;~ \..,"'.;;;'1 "'>"-~" ... '1,r;U l.P~ ~'::t~'^ ".;1 ..et,n.. ~r.,; - '"V"'J~/ c, , . ,.'. '." ,.... . ~ -<_~.II~ ~J...-~~. rr!IS_~.~~y. ~11_~~7'~'___ ~ ..It..,".\'."""',,........ .(1' ". '.J~i...;,~\l. .,. BY THE COURT: Dist: iamuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 !homas S. Diehl, Esquire, 1 W. High Street, Carlisle, PA 17013 J. ')~.~ L 7'::i4-D~ l RJ\S J .. . . 0 r--,.l 0 c;> c. c":) -n J:- -- :::r:I ...., ~~, r ~ ': ""- c'.! ....,.. "Tl f"r ....~ r"r=: i I :OP:l C'.I W .D I 00 t. :":l"Tt V +-n '. :'.t:: ",~(') C <"'IT! ~.;; .s;:- '-..) -r;! :) a "'.0 .s:- ~ NOV 0 1 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2767 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CHRISTOPHER J. BRUTKO, v. KARLA A. BRUTKO, Defendant HESS, J. --- ORDER OF COURT AND NOW, this 'I . day of ~ , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Christopher J. Elrutko and Karla A. Brutko, shall have shared legal custody of the minor children, Darien Christopher Brutko, born December 24, 1996 and Kendyl Nicole Brutko, born September 27, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being inGluding, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. follows: Physical CustodY. Father shall have physiGal custody to be arranged as A. Effective October 29,2004, on alternating weekends, from Friday after school until Monday morning when the children ~Ire returned to school. B. Effective October 26, 2004, on alternating Tuesdays, from after school until Wednesday morning. C. Effective November 4, 2004, on alternatiing Thursdays, from after school until Friday morning. D. Effective October 28,2004, on alternating Thursdays, from after school until 8:30 p.m. \:r!:-r~,fl\'V\:~ j\it II'" .-, ,~--:".';'i',,\ l\J..i'\~:\::)._"~ . ,(~; 'H tV ~ I :8 !;~';f c- r,ON ~nfiZ }'..ti~/lt,., . ..In -J'."....i NO. 02-2767 CIVIL TERM E. Effective November 2, 2004, on alternating Tuesdays, from after school until 8:30 p.m. F. custody. At all times not reserved to Father, Mother shall have physical 3. Holidays. A. Alternatina Holidays. The parties shall alternate the following holidays: Memorial Day, Independence Day and !Labor Day. The time for these holidays shall be defined as from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. B. Christmas. Christmas shall be shared on an AlB schedule. Segment A of Christmas shall be defined as December 24th from 8:00 a.m. until 1 :00 p.m. and December 24th from 8:30 p.m. until December 25th at 2:00 p.m. Segment B shall be defined as December 24th from 1 :00 p.m. to 8:30 p.m. and December 25th from 2:00 p.m. until December 26th at 2:00 p.m. In even numbered years, Father shall have Segment B and Mother shall have Segment A. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. C. Thanksaivina. Thanksgiving shall be divided into Segment A and Segment B. Segment A shall be from WednE~sday after school until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00 p.m. Thanksgiving Day until Friday at 2:00 p.m. In 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. D. Easter. Easter shall be divided into two segments. Segment A shall be Saturday from 2:00 p.m. until 8:30 p.m. and Sunday from 2:00 p.m. until Monday morning. Segment B shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday. In odd numbered years, Mother shiall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. E. Halloween. In all even-numbered years, Mother shall have custody of Darien and Father shall have custody of Kendyl on Trick-or-Treat Night. In all odd-numbered years, Father shall havE~ custody of Darien and Mother shall have custody of Kendyl on Trick-or- Treat Night. NO. 02-2767 CIVIL TERM 4. Vacation. Each party shall be entitled to seven (7) uninterrupted days of vacation, to include their custodial weekend, one time Elach summer. The parties shall provide each other with thirty (30) days written notice of thElir intended vacation plans. In the event that the parties shall have scheduled conflicting vac~!tion time, the party first providing written notice shall have the choice of summer vacation. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The parties are prohibited from discussing the custody case directly with the children or in the presence of the children. 7. A hearing is scheduled in C urtroom Numbler 4 of the Cumberland County Courthouse, on the 1;tA day of I 20~ at q ~ 30 o'clock A..M., at which time testimony will be taken. For e purposes of the hearing, the Father, Christopher J. Brutko, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filf9d at least ten days prior to the hearing date. Dist: Lucy Johnston-Walsh, Esquire, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 \ . _~..' J. .J _ Jennifer Smitrovich, CLI, Family Law Clinic, 45 North Pitt Street, CarlislEl, PA 17013 / ~ r ~ Jeanne 8. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanic:sburg, PA 17055 '. 1/. (}.j -oC; ~ . ' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2767 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CHRISTOPHER J. BRUTKO, v. KARLA A. BRUTKO, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNn' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Darien Christopher Brutko Kendyl Nicole Brutko December 24,1996 September 27, 2000 Mother Mother 2. The parties' second Custody Conciliation Conference was held on October 25, 2004 after Mother filed a Petition to Modify Temporary Order of Court on September 17, 2004. Present for the conference were: the Father, Christopher J. Brutko, and his counsel from the Dickinson School of Law Family Law Clinic, Lucy Johnston-Walsh, Esquire and Jennifer Smitrovich, CLI; the Mother, Karla A. Brutko, and her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement to the addiition of language prohibiting the discussion of the custody matter with the children and to prohibit disparaging remarks regarding the parents in the presence or earshot of the minor children as well as a plan for the Halloween holiday. However, they did not reach an agreement with regard to the physical custody schedule. Therefore, a hearing will be needed. 4. Mother's Dosition on custodv is as follows: Mother reports that the schedule which has been followed for approximately two (2) years is working well with the exception of the return time on some school nights. She reports that when the children are returned at 8:30 p.m., she has a hard time getting the children settled in to bed and to sleep. This is a concern because the children must be up at 6:00 a.m. the following morning in order for the parents to be at work by 7:00 a.m. Mother also expressed concern that the parties' oldest child has come to her and told her that Father is wanting to have custody for a whole week at a time. She does not believe the child wants to change thelir current schedule. NO. 02-2767 CIVIL TERM 5. Father's position on custodY is as follows: Father's work schedule changed in May of 2004. He now works 7:00 a.m. to 3:30 p.m. Monday through Friday. Although Father did not file a Petition prior to the Conference, he reports that he has been wanting to change the schedule to a shared physical custody sched ule since his new work schedule became effective. Father sees the current schedule as flip-flopping the children back and forth. He prefers a more stable, consistent schedule such as week-on, week-off. However, in order to prevent the children from having to go an entire week without seeing either parent, he would be willing to agree to a schedule which would provide the non-custodial parent an overnight on Wednesday of the custodial parent'~; week. 6. The Conciliator provides an Order confirmin~) the present custodial schedule which the parties agree has been the status quo for quite some time. The remaining portions of the Order reflect the parties' agreement. In Iioht of Father's verbal request to modify the Custody Order, he shall, within ten (10) days of lthe Conference, file a Petition for Modification. Said Petition shall not be scheduled for an additional Custody Conciliation. Rather, the mailer shall be referred to the Court for Sj of a hearing. /O~to/(JY lftJfl[ Date / Melis:sa Peel Greevy, Esquire Custody Conciliator :238077 CHRISTOPHER J. BRUTKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S MOTION FOR CONTINUANCE Plaintiff, Christopher J. Brutko, by and through his counsel, the Family Law Clinic, hereby moves for a continuance of the custody hearing scheduled for Friday, February 11,2005 at 9:30 a.m. before the Honorable Kevin A. Hess. In support of this Motion, Plaintiff states the following: 1. On September 16,2004 Defendant filed a Petition to Modify Custody. 2. A conciliation conference was held before Custody Conciliator Melissa P. Greevy on October 25, 2004. 3. The parties were unable to reach an agreement at the conciliation conference. 4. A custody hearing was scheduled for Friday, February 11,2005 at 9:30 a.m. 5. Since Plaintiff filed his Petition for Modification, his employment has terminated. He is currently seeking employment, but does not know which shift he will be working, and therefore the hours he will be available to care for the children are uncertain at this time. 6. In accordance with Rule 206-2( c) of Cumberland County Rules of Civil Procedure, concurrence of opposing counsel Jeanne B. Costopoulos, Esquire was sought, but was not obtained. WHEREFORE, Plaintiff requests that the custody hearing scheduled for Friday, February 11, 2005 at 9:30 a.m. be continued for at least ninety days. Respectfully Submitted, January 25, 2005 ~~~ Charlene J. A uilin Certified Legal Intern Tlioma Anne Mac onald-Fox Lucy Johnston-Walsh Robert E. Rains Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (') c ;:::v ""'!'J(X~ f'"f'1 r~ ;~': ~:'; tf-:, ~~.~', r:'" ~~ ;;;c ""-'::'(-1 $- ,-;;~' ::;,;;. -'- :::! .. ...., = c:.;:;) c.n "- "'"" % N Ul ~ :r!..,-, filp::' -om :.()t-) C) ~ --J' ~~1= =n { )-::-- z\:) (5"1 _.~ "\',':>0- :J,) .< -u -,"-~ ..... Y? CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION -AT LAW : CUSTODY OF.FF.NnANT'S ANSWFR TO Rlll.F. TO SHOW TO CAnSF IN OPPOSITION TO PI.AINTIFF'S MOTION FOR CONTTNTI ANCF. AND NOW, the Defendant, Karla A. Brutko (hereinafter referred to as Mother), by and through her attorney, Jeanne B. Costopoulos, Esquire, submits the following response to the rule to show cause issued by the Hon. Kevin A. Hess on January 28, 2005: 1. Admitted 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is without sufficient information to admit or deny the averments contained in paragraph 5 of Plaintiff's motion. However, Defendant does not believe Plaintiff's employment status is a valid excuse to put off the custody hearing. Defendant and the child do not want the case to be looming over them while Plaintiff allegedly seeks employment. Defendant would prefer to have the hearing and obtain a schedule now. If Plaintiff later obtains employment and the parties cannot reach a suitable agreement that considers Plaintiff's new work schedule, then the case can be re-litigated at that time. 6. Admitted. WHEREFORE, Defendant requests Plaintiff's Motion for Continuance be denied and the hearing take place as scheduled on Friday, February 11,2005 at 9:30 a.m. RESPECTFULLY SUBMITTED: BY: a J~e B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 -".,. Dated: zh/rJ5 CHRISTOPHER 1. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION - AT LAW : CUSTODY rFRTTFTrATF OF SFRVTCF I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 BY: ~ . --."... Dated: 2 f-'/oF Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 P A Supreme Ct. 1D No. 68735 c-' c::-:::'I c,? <-'"~ ..., (4" CO \ <.oJ C) -n ..... :r: .-.-\ rne;, :(,1::') c"h :;;:j;;;-, ,,_p"l. ,~,,) '('') _;:c.O.,cn ",....,J, ~ ...'- :..~ ::.:~:: \.0 - -l CHRISTOPHER J. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW 02-2767 CIVIL KARLA A. BRUTKO, Defendant IN CUSTODY IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this zS' day of January, 2005, a rule is issued on the defendant to show cause why the relief requested in the within Motion fiJr Continuance ought not to be granted. This rule returnable five (5) days after service, BY THE COURT, :.AJ ~ (r~W \'d- o FiLECwJ~FlCE OF THE FnOTHC:-':C1T/',py ZODS JlirJ 28 P;: 3: 32 CHRISTOPHER J. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION .- LAW 02-2767 CIVIL KARLA A. BRUTKO, Defendant IN CUSTODY IN RE: PLIANTIFF'S MOTION FOR CONTINUANCE ORDER AND NOW, this 7""' day of February, 2005, in consideration of the plaintiffs motion and the answer filed thereto, the motion of the plaintiff for continuance of hearing is GRANTED. This matter to be relisted at the request of the plaintiff and if relisting is not requested within ninety (90) days, his petition to modify the custody order shall be deemed dismissed without further order of court. BY THE COURT, :rlm ~:flJ > ~~~l ~/ OJ.. -03 -o.!., ~ily Law Clinic F or the Plaintiff ~e Costopoulos, Esquire F or the Defendant -","\ \j -, CHRISTOPHER 1. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-2767 CIVIL KARLA A. BRUTKO, Defendant IN CUSTODY ORDER AND NOW, this 7' day of April, 2005, hearing in the above captioned matter is set for Wednesday, August 3, 2005, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ;rlm (Yo-rJ..1 .~ 4 'l~' {) ') Jt Family Law Clinic For the Plaintiff Jeanne Costopoulos, Esqui For the Defendant Alt'Jj;C'(': "'::'1',tiJ lJO :~ lid L - i:ldV SUOZ AHvlOiKJHlOejd ::Hi dO 381:JJO-Q311:J - CHRISTOPHER J. BRUTKO, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant CIVIL ACTION -AT LAW CUSTODY DF,FENDANT'S PFTITION FOR A FTNnTNr. OF CONTEMPT AND FOR COSTS AND FF,F,S FOR PLAINTIFF'S WTLLFTTT, FATT,TJRE TO ARTnF RV AN ORDER OF COTTRT AND NOW, the Defendant, Karla A. Brutko, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Karla A. Brutko, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides at 114 North Frederick Street, Mechanicburg, Cumberland County, Pennsylvania, 17055. 2. Respondent, Christopher J. Brutko, Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 13 7 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. There are two dependent children from the relationship of Mother and Father, namely Darien Christopher Brutko, born December 24, 1996, and Kendyl Nicole Brutko, born September 27, 2000, hereinafter referred to as the Children. 4. The parties are subject to an Order of Court dated November 4, 2004 (Attached as Exhibit A). Father has willfully violated paragraphs 4 and 5 of the November 4, 2004 Order of Court in the following manner: (a) Darian has told his babysitter that he was worried about court and that Father's wife told him about allegations Mother had made in her petition to modifY. Father asked Darien whose side he would be on when the case went to court. (b) As Mother was walking away after a conversation with Father, Father's wife called Mother a bitch and came towards her as though she wanted to physically fight her. Mother's threat to contact police ended the encounter. Father later told Darien that Mother had started a fight with his wife. Then, the following night, Father brought the children home almost I Y, hours late and Darien was tired for school the following day. Such behavior teaches the children that name calling and attacking others then blaming the victim are acceptable behaviors to emulate. (c) While with Father, Darien requested that he be permitted to contact Mother to let her know a game had been cancelled that she planned to attend. Father would not permit the call, citing that it was a long distance call, so Mother appeared for the cancelled game. Such behavior teaches the children to have a total disregard for Mother and others. (d) Father's wife informs the children not to tell other people things that have occurred. Such behavior teaches the children to be dishonest and surreptitious with Mother and others. 5. Mother has incurred legal fees and costs as a result of Father's willful contempt of the November 4,2004 Order of Court and seeks reimbursement of same. WHEREFORE, Mother respectfully requests this Honorable Court to make a finding of Contempt and award attorneys fees and costs for the preparation and litigation of this Petition. Respectfully submitted, eanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 Dated: -.J ( z 6 (0) CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION -AT LAW : CUSTODY VFRTFTC'A nON I, Karla A. Brutko, hereby verifY that the statements made in the foregoing petition 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: r; IdS/OS- / I Signature: !:{cf2A:ff~~ / Karla A. Brutko CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION -AT LAW : CUSTODY rFRTlFWATF OF SFRVWF I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 BY: L ~. Costopoulos, ESquir:--" ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 Dated: 7P6h- NOV 0 1 2004 'V' CHRISTOPHER J. BRUTKO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2767 CIVIL TERM v. CIVIL ACTION - LAW KARLA A. BRUTKO, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this /If!:' day of!1'w....1.~ , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Christopher J. Brutko and Karla A. Brutko, shall have shared legal custody of the minor children, Darien Christopher Brutko, born December 24, 1996 and Kendyl Nicole Brutko, born September 27, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S, 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. follows: Phvsical Custody. Father shall have physical custody to be arranged as A. Effective October 29, 2004, on alternating weekends, from Friday after school until Monday morning when the children are returned to school. B. Effective October 26, 2004, on alternating Tuesdays, from after school until Wednesday morning. C. Effective November 4, 2604, on alternating Thursdays, from after school until Friday morning. D. Effective October 28, 2004, on alternating Thursdays, from after school until 8:30 p.m. ;i 1 I. i, II II Ii , I I I I ] I I II II I I , I I NO. 02-2767 CIVIL TERM E. Effective November 2, 2004, on alternating Tuesdays, from after school until 8:30 p.m. F. custody. At all times not reserved to Father, Mother shall have physical 3. Holidavs. A. Alternatina Holidavs. The parties shall alternate the following holidays: Memorial Day, Independence Day and Labor Day. The time for these holidays shall be defined as from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. B. Christmas. Christmas shall be shared on an NB schedule. Segment A of Christmas shall be defined as December 24th from 8:00 a.m. until 1 :00 p.m. and December 24th from 8:30 p.m. until December 25th at 2:00 p.m. Segment B shall be defined as December 24th from 1 :00 p.m. to 8:30 p.m. and December 25th from 2:00 p.m. until December 26th at 2:00 p.m. In even numbered years, Father shall have Segment B and Mother shall have Segment A. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. C. . Thanksaivina. Thanksgiving shall be divided into Segment A and Segment B. SeQment A shall be from Wednesday after school until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00 p.m. Thanksgiving Day until Friday at 2:00 p.m. In 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. D. Easter. Easter shall be ciivided into two segments. Segment A shall be Saturday from 2:00 p.m. until 8:30 p.m. and Sunday from 2:00 p.m. until Monday morning. Segment B shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. E. Halloween. In all even-numbered years, Mother shall have custody of Darien and Father shall have custody of Kendyl on Trick-or-Treat Night. In all odd-numbered years, Father shall have custody of Darien and Mother shall have custody of Kendyl on Trick-or-Treat Night. NO. 02-2767 CIVIL TERM 4. Vacation. Each party shall be entitled to seven (7) uninterrupted days of vacation, to include their custodial weekend, one time each summer. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties shall have scheduled conflicting vacation time, the party first providing written notice shall have the choice of summer vacation. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The parties are prohibited from discussing the custody case directly with the children or in the presence of the children. 7. A hearing is, scheduled in Courtroom Number 4 ot the Cumberland County Courthouse, on the I If!; day of 1?Ru,~, , 200j!'~ at 9:3<J o'clock ,L.M.. at which time testimony will be taken. ~or the purposes of the hearing, the Father, Christopher J. Brutko, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. BY THE COURT: /5/ , / _AJ ' ') /Ci'~""'0 (, ),Je 4.a Kevin A. Hess, J. Dist: Lucy Johnston-Walsh, Esquire, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Jennifer Smitrovich, CLI, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 'tRUE COPY FROM AECOQ In T tcttmony ".llar/j(}1 I' . .., tJ ilIld ' iillilll.lOIo sot my fl<) ~ Tt r ~ "'" <<>Un ~ ,Coorlisle Pa ~ ( day ut 72o?u.",4-v . c2";' 'I -- ,#'P () n.. d0.~ , ~ f~ frotlmmnlly ~ ls\ o \ .....Ie:> k, c..., ," \"k.) '~::; {>~\ !'-' --' ~-".~ () -n ,-l :t:-r'1 r"i\~'~ -C!Tl-": - :,1...' ._:1 C,) C) CHRISTOPHER J. BRUTKO, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS OF PLAINTIFF PURSUANT TO Pa.R.c.P. ~ 1028 The Plaintiff/Respondent, Christopher J. Brutko, by his attorneys, the Family Law Clinic, respectfully represents the following in support of his preliminary objections to Defendant/Petitioner's Petition for a Finding of Contempt and for Costs and Fees for Plaintiffs Willful Failure to Abide by an Order of Court: 1. The instant matter is a custody action. 2. Defendant/Petitioner Karla A. Brutko (hereinafter "Mother"), who resides at 114 North Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania, is the mother of the children. 3. PlaintifT/Respondent Christopher J. Brutko (hereinafter "Father"), who resides at 137 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania, is the father ofthe children. 4. On July 27, 2005, Mother filed a Petition for a Finding of Contempt and for Costs and Fees for Plaintiffs Willful Failure to Abide by an Order of Court (hereinafter "Petition for Contempt"). A copy of the petition is attached as "Exhibit A." Count One-Failure to Conform to Law or Rule of Court 5. The following objections are raised pursuant to Pa.R.C.P. 9 102S(a)(2), failure of a pleading to conform to law or rule of court: a. C.C.R.P. 9 20S.2(d) requires that all motions and petitions contain a paragraph indicating that the concurrence of opposing counsel of record then blaming the victim are acceptable behaviors to emulate." Mother lacks the professional credentials necessary to competently determine the psychological effect of behavior on children; therefore, the inclusion of such a statement in the Petition for Contempt is scandalous and impertinent. c. In Paragraph Four (c) of the Petition for Contempt, Mother states that "such behavior teaches the children to have a total disregard for Mother and others." Mother lacks the professional credentials necessary to competently determine the psychological effect of behavior on children; therefore, the inclusion of such a statement in her Petition for Contempt is scandalous and impertinent. d. In Paragraph Four (d) of the Petition for Contempt, Mother states that "such behavior teaches the children to be dishonest and surreptitious with Mother and others." Mother lacks the professional credentials necessary to competently determine the psychological effect of behavior on children; therefore, the inclusion of such a statement in her Petition for Contempt is scandalous and impertinent. Count Three-Insufficient Specificity 7. The following objections are raised pursuant to Pa.R.C.P. S 1028(a)(3), insufficient specificity in a pleading: a. In Paragraph Four (a)(b)(c)and (d) of the Petition for Contempt, Mother relates various incidents which illustrate Father's alleged violation of the November 4, 2004 Order of Court. b. Mother failed to include the date, time, and location of any of the incidents alleged in Paragraph Four (a)(b)(c) and (d) of the Petition for Contempt. c. The vagueness and lack of specificity of the incidents listed in Paragraph Four of the Petition for Contempt renders it impossible for Father to properly respond to the allegations included therein. WHEREFORE, Because Mother's petition fails to conform to rule of court, contains scandalous and impertinent matter, and lacks sufficient specificity, Father respectfully requests that the Court dismiss Mother's Petition for a Finding of Contempt and for Costs and Fees for Plaintiffs Willful Failure to Abide by an Order of Court. Respectfully Submitted, 7f1.~J Dae ~1oi.E~VAc Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 CHRISTOPHER J. BRUTKO, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 02-2767 CIVIL TERM KARLA A. BRUTKO, DefendantlPetitioner CIVIL ACTION - LAW IN CUSTODY CERTIFICATION OF SERVICE I, Brenda Coppede, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the Preliminary Objections of Plaintiff Pursuant to Pa.R.C.P. ~ 1028 on Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania, by depositing a copy of the same in the United States mail and via Facsimile # (717) 790-6019 on July 29, 2005. ~~ Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVILACTION-ATLAW : CUSTODY (-~ r-> c':l C:.:::> ,;...,1' c--: o .., :.:::l ~, i' 'f-- I... _~~_l;:;_:'!, OEFFNOANT'S PlCTlTlON FOR A FTNnING OF CONTEMPT ANn FORCpST~:\Nn<, FlClCS FOR PT,ATNTlFF'S WTTJ,FTTT, FATTJJRE TO ARTOF RV AN OROKijOF CQTJR'f) " AND NOW, the Defendant, Karla A. Brutko, by and through her attorneyoJeakie K:,. C~l .,:< (..1, Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Karla A. Brutko, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides at 114 North Frederick Street, Mechanicburg, Cumberland County, Pennsylvania, 17055. 2. Respondent, Christopher J. Brutko, Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 137 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. There are two dependent children from the relationship of Mother and Father, namely Darien Christopher Brutko, born December 24, 1996, and Kendyl Nicole Brutko, born September 27,2000, hereinafter referred to as the Children. 4. The parties are subject to an Order of Court dated November 4, 2004 (Attached as Exhibit A). Father has willfully violated paragraphs 4 and 5 of the November 4, 2004 Order of Court in the following manner: (a) Darian has told his babysitter that he was worried about court and that Father's wife told him about allegations Mother had made in her petition to modify. EXHIBIT Iff Father asked Darien whose side he would be on when the case went to court. (b) As Mother was walking away after a conversation with Father, Father's wife called Mother a bitch and came towards her as though she wanted to physically fight her. Mother's threat to contact police ended the encounter. Father later told Darien that Mother had started a fight with his wife. Then, the following night, Father brought the children home almost 1 y, hours late and Darien was tired for school the following day. Such behavior teaches the children that name calling and attacking others then blaming the victim are acceptable behaviors to emulate. (c) While with Father, Darien requested that he be permitted to contact Mother to let her know a game had been cancelled that she planned to attend. Father would not permit the call, citing that it was a long distance call, so Mother appeared for the cancelled game, Such behavior teaches the children to have a total disregard for Mother and others. (d) Father's wife informs the children not to tell other people things that have occurred. Such behavior teaches the children to be dishonest and surreptitious with Mother and others. 5. Mother has incurred legal fees and costs as a result of Father's willful contempt of the November 4, 2004 Order of Court and seeks reimbursement of same. WHEREFORE, Mother respectfully requests this Honorable Court to make a finding of Contempt and award attorneys fees and costs for the preparation and litigation of this Petition. Dated: Respectfully submitted, //(26(0) eanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A Supreme Ct. ID No. 68735 CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Ys. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION - AT LAW : CUSTODY VF.RTFTC A nON I, Karla A. Brutko, hereby verify that the statements made in the foregoing petition 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. S 4904, relating to unsworn falsification to authorities. Date: r; /';S/'oS-' / I / /(1 ;: / //..-' I ,,/ ., I~ .,._J-__"'......_,. '/ Signature: 'F ),:2-~A /;/l.,J;;...- / ~arla A. Brutko CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION - AT LAW : CUSTODY rFRTTFH:ATF OF SFRVH:F I, Jeanne B. CostopouIos, Esquire, hereby certifY that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 BY: dor'" ;/ .//~' ,..0' ~_____" ~ Costopoulos, Esquire '. ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ~" .-'7/ '').- Dated: J; {" 1Cl/0 NOV 0 1 2004'Jr CHRISTOPHER J. BRUTKO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2767 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW KARLA A. BRUTKO, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this )ji? day of'-fi7I1'f'~4""j..~ , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. The parties, Christopher J. Brutko and Karla A. Brutko, shall have shared legal custody of the minor children, Darien Christopher Brutko, born December 24. 1996 and Kendyl Nicole Brutko, born September 27, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. follows: Phvsical Custody. Father shall have physical custody to be arranged as A, Effective October 29, 2004, on alternating weekends, from Friday after school until Monday morning when the children are returned to school. B. Effecfive October 26, 2004, on alternating Tuesdays, from after school until Wednesday morning. C. Effective November 4, 2604, on alternating Thursdays, from after school until Friday morning. D. Effective October 28, 2004, on alternating Thursdays, from after school until 8:30 p.m. 'I I, Ii I'; i I i Ii Ii I! I! il "( i ,( I I I II I, 'I I( II 1: NO. 02-2767 CIVIL TERM E. Effective November 2, 2004, on alternating Tuesdays, from after school until 8:30 p.m. F. custody. At all times not reserved to Father, Mother shall have physical 3. Holidavs. A. Alternatinq Holidavs. The parties shall alternate the following holidays: Memorial Day, Independence Day and Labor Day. The time for these holidays shall be defined as from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. B. Christmas. Christmas shall be shared on an NB schedule. Segment A of Christmas shall be defined as December 24th from 8:00 a.m. until 1 :00 p.m. and December 24th from 8:30 p.m. until December 25th at 2:00 p.m. Segment B shall be defined as December 24th from 1 :00 p.m. to 8:30 p.m. and December 25th from 2:00 p.m. until December 26th at 2:00 p.m. In even numbered years, Father shall have Segment B and Mother shall have Segment A. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. D. Easter. Easter shall be divided into two segments. Segment A shall be Saturday from 2:00 p.m. until 8:30 p.m. and Sunday from 2:00 p.m. until Monday morning. Segment B shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. C. Thanksqivinq. Thanksgiving shall be divided into Segment A and Segment B. Segment A shall be from Wednesday after school until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00 p.m. Thanksgiving Day until Friday at 2:00 p.m. In 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. E. Halloween. In all even-numbered years, Mother shall have custody of Darien and Father shall have custody of Kendyl on Trick-or-Treat Night. In all odd-numbered years, Father shall have custody of Darien and Mother shall have custody of Kendyl on Trick-or-Treat Night. .' NO. 02-2767 CIVIL TERM 4. Vacation. Each party shall be entitled to seven (7) uninterrupted days of vacation, to include their custodial weekend, one time each summer. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties shall have scheduled conflicting vacation time, the party first providing written notice shall have the choice of summer vacation. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The parties are prohibited from discussing the custody case directly with the children or in the presence of the children. 7. A hearing isscheduled in, Courtroom Number 4 of the Cumberland County Courthouse, on the I;'!:: day of -::;, /LUCAL<-. , 200~;" at 9:3 u o'clock L.M., at which time testimony will be taken. ~or the purposes of the hearing, the Father, Christopher J. Brutko, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro 5e shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. BY THE COURT: Is/ , .' _;,.-1 . 'J k /LU<Li'(j Ii ), _d.-J Kevin A. Hess, j. Dist: Lucy Johnston-Walsh, Esquire, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Jennifer Smitrovlch, CLI, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 'tRUE COpy FROM FiECOql Ir1 r~tlmollY wi t I' ..'. " .J , . . . 1<3T1X), lltl.llUokl SO( IT!)' fPI'l(j rill1~ t.lJe l.~ ut !laid Court ..1 c.rlJs~@ Pa ~ It, d ~Y.2 ... , ay I);f Il&t<e,"',,4 c7""c/ l --=---. .. V(/ 7 e r-.'.:' 0 C~J -' <;"'.-::;;' -\1 C~ (;..11 C.-__ ...., ,j) -:1 --- -- C_' C' 0,\ RECEIVED JUL 27 2005r CHRISTOPHER J. BRUTKO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : No. 02-2767 CIVIL TERM KARLA A. BRUTKO, Defendant : CIVIL ACTION -AT LAW : CUSTODY ORn1i'.R OF COlJRT AND NOW, this Z C . day of 1.../, ,2005, upon consideration of ( Defendant's Petition for a Finding of Contempt and for Costs and Fees for Plaintiff's Willful Failure to Abide by an Order of Court, it is hereby directed that the matter will be heard at the hearing set for Wednesday, August 3, 2005 at I :30 p.m. in Courtroom No.4 of the Cumberland County Courthouse, Carlisle, P A. BY THE COURT: ./71 IJ""'I'"''"' . ,.I,:" ' - ',: iv ZS :S !'d 82: lrr SOiJZ ::JO CHRISTOPHER J. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-2767 CIVIL KARLA A. BRUTKO, Defendant IN CUSTODY ORDER AND NOW, this l't' day of August, 2005, following hearing and careful consideration of the testimony adduced, the existing custody order in this case is amended to provide that: 1. Alternating weekend custody in the father shall extend from Thursday after school until Sunday afternoon/evening at such times as the parties shall agree and if they cannot agree at 6:00 p.m. 2. During weeks in which there is not weekend visitation, periods of physical custody in the father on Thursdays shall be extended to Friday mornings. To the extent it is not inconsistent herewith, our order of November 4, 2004, shall otherwise remain in full force and effect. BY THE COURT, :r\m "mily Law Clinic /f~;fue Plaintiff .4anne Costopoulos, Esquire For the Defendant \fi!\T';",I\~!ASh!i'-:'.-3d IJ' 'nN' (','r """"'. .,~", I .1\1, ,',,1' ',"" ".'.-I~'1i~ iu 95 :(; ~ld L I ~fW SDOl AWLONOfLL08d 3H1 :JO 30IHK1311:l