HomeMy WebLinkAbout07-0107KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(beam@kopelaw.com
JEREMY T. STOUFFER,
Plaintiff,
vs.
LAUREN BRUNZO,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. C)7-167
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff is Jeremy T. Stouffer residing at 18 Courtney Drive, Shippensburg,
Cumberland County, Pennsylvania.
2. The Defendant is Lauren Brunzo residing at 30 Briarcliff Drive, Shippensburg,
Cumberland County, Pennsylvania.
3. Plaintiff seeks 50-50 shared physical and legal custody of the following child:
NAME PRESENT RESIDENCE AGE
Ethan C. Stouffer 30 Briarcliff Drive 5 years
Shippensburg, PA D.O.B. 3/25/2001
4. Ethan C. Stouffer (hereinafter the "Child") was born out of wedlock.
5. The Child is presently residing with Defendant.
6. During the past five years, the Child has resided with the following persons and
at the following addresses, with the following approximated dates:
1 of 6
PERSONS ADDRESSES DATES
Lauren Brunzo 30 Briarcliff Drive October 2006 -
Matt Brunzo Shippensburg, PA Present
Lisa Brunzo
Lauren Brunzo Unknown October 2004 -
Frank (Brunzo's boyfriend) Hagerstown, MD October 2006
Lauren Brunzo 30 Briarcliff Drive Sept./Oct. 2001 -
Matt Brunzo Shippensburg, PA October 2004
Lisa Brunzo
Jeremy T. Stouffer 24 Town Mills Birth - Sept./Oct. 2001
Lauren Brunzo Shippensburg, PA
7. The mother of the Child is Lauren Brunzo, currently residing at 30 Briarcliff Drive,
Shippensburg, Cumberland County, Pennsylvania. She is not married.
8. The father of the Child is Jeremy T. Stouffer, currently residing at 18 Courtney
Drive, Shippensburg, Cumberland County, Pennsylvania. He is not married.
9. The relationship of Plaintiff to the Child is that of Father. The Plaintiff currently
resides with the following persons:
NAME
Sue Foster
Seth Flagle
Brandy Foster
RELATIONSHIP
Girlfriend
"Step-son"
"Step-daughter'
2of6
10. The relationship of Defendant to the Child is that of Mother. The Defendant
currently resides with the following persons:
NAME RELATIONSHIP
Matt Brunzo Father
Lisa Brunzo Mother
Ethan C. Stouffer Child
11. Plaintiff has not participated as a party in previous litigation concerning the
custody of the Child.
12. Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the Child or claims to have custody or visitation rights with
respect to the Child.
13. Plaintiff is requesting shared 50/50 legal and physical custody of the Child.
14. Should the Defendant move her residence outside of the county, Plaintiff is
requesting full physical and legal custody of the Child.
15. Plaintiff is requesting custody of the Child to be shared over all holidays, on the
birthday of the Child, and on every Father's Day and Plaintiff's birthday.
16. Plaintiff is requesting that a custodial exchange location be selected for all
custodial exchanges. Plaintiff does not wish to receive custody at Defendant's
residence as Defendant's parents have threatened Plaintiff upon previous
custodial exchanges.
17. Plaintiff further requests that custodial exchanges be on Sunday nights at 8 pm.
3 of 6
18. Prior to this Complaint, Plaintiff and Defendant had shared physical custody of
the Child according to agreement. Plaintiff and Defendant had alternated holiday
custody of the Child.
19. On Christmas Eve, 2006, when Plaintiff was to receive custody of the Child and
the Child's half-sister, Emily N. Stouffer, Defendant requested the Plaintiff
relinquish custody for a couple of hours so that she could take the Child
Christmas shopping. Upon relinquishing custody, Defendant informed Plaintiff
that not only would Defendant not be returning the Child to Plaintiff for Christmas,
but that she would not return the Child into Plaintiffs custody until she was court-
ordered to do so.
20. Defendant moved with the Child to Maryland for approximately 2 years with the
Child without providing notice or an address to Plaintiff so that Plaintiff could
retain contact with the Child.
21. Defendant has routinely failed to provide Plaintiff with information concerning the
Child's daycare, supervision, and welfare.
22. The best interest and permanent welfare of the Child will be served by granting
the relief requested because:
a) The mental and emotional well being of the Child will be served if he
continues to have contact with the Plaintiff. The mental and emotional
well-being of the Child will be further If he has constant and regular
contact with the Plaintiff;
4 of 6
b) Plaintiff is able to provide a stable and safe home and emotional
environment for the Child;
c) Plaintiff and his girlfriend are expecting a son in April. It will be in the best
interests of the Child if he is able to build the foundation of a solid
relationship with his soon-to-be-born half-brother;
d) The mental and emotion well-being of the Child will also be served if the
Child is able to maintain a relationship with Plaintiffs daughter and the
Child's half-sister, Emily N. Stouffer. Plaintiff shares custody of said sister;
e) Plaintiff has the facilities to provide for the care, comfort and control of the
Child, as well as the intention and desire to do so;
f) Defendant does not permit the relationship between Plaintiff and the Child
to be fostered when the Child is in her care; and
g) Defendant's family prevents Plaintiff from receiving contact or custody of
the Child when the Child is with Defendant.
23. Each parent whose parental rights to the Child have not been terminated and the
persons who have physical custody of the Child have been named as parties to
this action.
WHEREFORE, Plaintiff requests that this Honorable Court grant the following
relief:
a) Award Plaintiff 50-50 shared physical and legal custody of the child;
b) Award Plaintiff custody of the Child shared over all holidays, on the
birthday of the Child, and on every Father's Day and Plaintiffs birthday;
5 of 6
c) Order a set location for all custodial exchanges away from Defendant's
residence; and
d) Order custodial exchanges to occur every other Sunday at 8 p.m.
Respectfully Submitted,
KOP
Dated: 1 Z2// By:
i
6of6
01/02/2007 18:15 717-761-7572 KOPE & ASSOCATE5 wA(Sc le/la
YMIFICATION
i, Jeremy T. Stouffer, the Plaintiff in this matter, have read the foregoing
Complaint. I verify that my averments in this Complaint are true and correct and based
upon my personal knowledge. I understand that any false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to
authorities,
Dated: -Z 07
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JEREMY T. STOUFFER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 07-107 CIVIL ACTION LAW
LAUREN BRUNZO IN CUSTODY
DEFFNDANT
ORDER OF COURT
AND NOW. Thursday, January 11, 2007 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County urthouse, Carlisle on Thursday, February 15, 2007 at 8:30 AM
_ ....---_- - --
_Go . for a Pre.-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinp_.
FOR THE COURT.
By: /s/ _ Hubert X. Gilro Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTII 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
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(beam@kopelaw.com
JEREMY T. STOUFFER,
Plaintiff,
vs.
LAUREN BRUNZO,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 07-107
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT AND RETURN OF SERVICE
AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Jeremy T.
Stouffer, Plaintiff, and states that service of the Custody Complaint in this matter was made by
him upon Defendant, Lauren Brunzo, by posting the same in the U.S. Mail, postage prepaid, at
Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 0892, Return Receipt Requested on
January 13, 2007, to her mailing address, at 30 Briarcliff Drive, Shippensburg, PA 17257, which
mail was received by Defendant on January 13, 2007, all in accordance with PA.R.C.P. 412 and
403. The mailing receipt and the return receipt or true copies thereof of the acceptance of
service bearing the signature of the Defendant are attached hereto and made part hereof,
together with the cover letter mailed to Defendant.
ESLE J. BEAM, Esq.
Attor v for Plaintiff
j,
DOPE
ASSOCIATES
LAW OFFICES LLc
January 11, 2007
VIA REGULAR AND CERTIFIED MAIL
Lauren Brunzo
30 Briarcliff Drive
Shippensburg, PA
iRe: Stouffer v. Bruno
No. 07-107 (in custody)
Dear Mr. Brunzo,
I represent Jeremy Stouffer in the above captioned matter for custody. Enclosed and served upon
you is the Custody Complaint that has been filed with the Cumberland County Court of Common
Pleas. I am sending these papers to you directly because I have no information that you are
represented by an attorney.
I am also enclosing an Acceptance of Service for this Complaint Please sign and return in the
enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service
or sign the receipt for the certified letter, this office will have to officially serve this Complaintby
Sheriff at your place of residence.
If you have any questions, please feel free to contact me. But, please be aware that I cannot give
you legal advice because I represent Mr. Stouffer. Thank-you for your kind attention to this
matter.
Sincerely,
Kope &ssociate,p, LLC
Esquire
Enclosure
Cc: Jeremy Stouffer
Smart Representation
466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011
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MAR 1 9 2007 *1
JEREMY T. STOUFFER,
Plaintiff
v .
LAUREN BRUNZO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-107
IN CUSTODY
COURT ORDER
AND NOW, this day of March, 2007, upon consideration of the attached Custody
Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 7' of the Cumberland County
Courthouse on the f? day of (16 .64 , 2007 at ZI?d a.m. At this hearing, the
father shall be the moving party ands all proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on these issues, a list of witnesses who will be called
to testify on behalf of each party and a summary of the anticipated testimony of each
witness. This memorandum shall be filed at least five days prior to the mentioned
hearing date.
2. Pending further Order of this Court, the following temporary Custody Order is
entered:
a. The father, Jeremy T. Stouffer, and the mother, Lauren Brunzo, shall
enjoy shared legal custody of Ethan C. Stouffer, born March 25, 2001.
b. The mother shall enjoy primary physical custody of the minor child.
c. The father shall enjoy temporary physical custody of the minor child as
follows:
t
i. From 10:00 a.m. on Saturday morning when father shall pick up the
minor child until Monday when the father shall drop the child off at
kindergarten at or about 12:15 p.m.
03.E "I
ii. At such other times as agreed upon by the parties.
BY THE COURT,
41j-
ccsley I Beam, Esquire
,Kathan C. Wolf, Esquire
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F:\FILES\DATAFILE\General\Current\12321\Stoutter Y. Bruno CondUation Report-Order.wpd
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JEREMY T. STOUFFER,
Plaintiff
v
LAUREN BRUNZO,
Defendant .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-107
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Ethan C. Stouffer, born March 25, 2001.
2. A Conciliation Conference was held on March 12, 2007, with the following
individuals in attendance:
The father, Jeremy T. Stouffer, with his counsel, Lesley J. Beam, Esquire, and the
mother, Lauren Brunzo, with her counsel, Nathan C. Wolf, Esquire.
3. The parties have been working under an informal custody agreement since the child
was born. Primarily, the mother has enjoyed primary physical custody of the minor
child. Father has had periods of temporary custody which have included alternating
weekends and shared holidays.
4. Father is now seeking a shared physical custody arrangement. He is seeking a 50/50
custody situation. Mother is willing to maybe expand father's time but is unwilling
to give father a true 50% physical Custody Order. Father is insistent that he wants
to proceed with a hearing and a hearing should be scheduled. The Conciliator
recommends an Order in the form as attached.
1?
DATE: Marcl,44, 2007
- ///1 @0 -
Hubert X. Gir , Esquire
Custody Con! liator
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
JEREMY T. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LAUREN BRUNZO, NO. 2007-0107
Defendant IN CUSTODY
MOTION FOR CONTINUANCE
NOW comes the Defendant, by her attorney, Nathan C. Wolf, Esquire, and presents the
following motion for continuance of the July 18, 2007 custody hearing, representing as follows:
1. The defendant/petitioner is Lauren Brunzo, an adult individual residing at 30 Briar Cliff Drive,
Shippensburg, PA 17257.
2. The plaintiff/respondent is Jeremy T. Stouffer, an adult individual with a mailing address at 18
Courtney Lane, Shippensburg, PA 17257.
3. The parties are the natural parents of one minor child, namely: Ethan C. Stouffer. Age: 6
years. D.O.B. 3/25/2007.
4. The plaintiff filed a custody complaint on January 5, 2007, and a custody conciliation
conference was held on March 22, 2007. From this conference, a temporary Custody Order was
entered, and an Order was issued scheduling the case for a hearing before the Honorable Kevin A.
Hess on July 18, 2007 at 9:30 a.m.
5. Petitioner and Defendant Lauren Brunzo is currently pregnant, the date of confinement
estimated by her primary caregiver, Katrina N. Haslett, M.D., is June 25, 2007.
6. Dr. Haslett has specifically requested that the date of the hearing be moved after August 1,
2007, as evidenced by the letter attached herewith as Exhibit "A".
7. Counsel for the Plaintiff, Lesley J. Beam, Esquire, has been contacted and concurs with the
filing of this motion.
WHEREFORE, Defendant, Lauren Brunzo, respectfully requests that the Court issue an
Order to continue the custody hearing currently scheduled for July 18, 2007, for a period of no less
than two weeks.
Dated: June2 , 2007
Respectfully submitted,
WOLF & WMV
NathatiT.
10 West Hi
I.D. No. 87380
(717) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this
motion are true and correct to the best of my knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to
authorities.
June _,n, 2007
TO:2414437 P:2,2
KW tone
omens Care
part of the Keystone Healthcare Network
Re: Lauren M Brundzo dob 9-10-61
To Whom It May Concern:
Ms Lauren M Brundzo is currently pregnant. Her estimated date of confinement is July 25,
2007,
it is our understanding that she has "proceedings in progress" and we request that the court
date please be placed at least after August 111. This will allow her to have a normal delivery
and to avoid any problems around the time of her due date or delivery of her child,
CZ4
Katrina N Haslett, M. D.
Leading the wc?? to a healthier communiy
KdXsione Yvanen's Cere a 5 Norland AwntiP, riulte 101 a Chambersbuig, NA 111u1
Tel: 717-217-6830 • Fax; 717 21) 6915 • www*cystonchealth.org
XWX
JUN-20-2007 04:18P FROM:
e
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDAN'T'
JEREMY T. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LAUREN BRUNZO, NO. 2007-0107
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of
Defendant's Motion for Continuance upon the following person and in the matter indicated:
SERVICE BY U.S. MAIL:
Lesley J. Beam, Esquire
Kope & Associates, LLC
4660 Trindle Road, Suite 201
Camp FO, PA 17011
Respectfully submitted,
WOLF &
Dated: JuU412007
By:
NaWn C OV4 squi
10 West treet
Carlisl , 17013
Supr Court I.D. No. 87380
(717) 1-4436
Attorney for Defendant
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JEREMY T. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LAUREN BRUNZO, NO. 2007-0107
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this Q day of , 2007, upon consideration of the attached
Motion, it is hereby ordered that the custody heari nfor July 18, 2007 at 9:30 am, be
rescheduled to 9 , 2007, at 4 0 Q. Y77.
BY THE COURT:
Distribution:
LesleyJ. Beam, Esquire
For the Plaintiff
Nathan C Wolf, Esquire
For the Defendant
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A.
HESS, J.
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JEREMY T. STOUFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 07-107 CIVIL
LAUREN M. BRUNDZO,
Defendant
ORDER
AND NOW, this /v r day of August, 2007, after hearing, it is ordered and directed
that the parties shall share legal custody of their child, Ethan Cole Stouffer, born March 25,
2001. Primary physical custody of said child shall be in his mother, the defendant, Lauren M.
Brundzo, with periods of partial custody in the father, the plaintiff, Jeremy T. Stouffer, as
follows:
1. On alternating weekends, said schedule is to continue as heretofore, from 10:00 a.m.
on Saturday morning until Monday when the father shall drop the child off at school.
2. On the remaining Saturdays of the month during the mother's working hours as the
parties shall agree and if they cannot agree, from 10:00 a.m. until 7:00 p.m., but with the
understanding that if the mother shall elect overtime work on the following Sunday, the father to
retain custody of the child for that weekend and to return the child to the mother upon her return
from work.
3. The parties shall share custody of said child on holidays as they shall agree, and in the
event they cannot agree, as follows:
a. In 2007 and odd years thereafter, mother shall have custody of the child on
Thanksgiving Day from 8:30 a.m. until 8:30 p.m., and father shall have custody of the child for
the same time period on even-numbered years.
b. In 2007 and odd years thereafter, father shall have custody of the child from 12:00
noon on Christmas Eve until 12:00 noon on Christmas Day and mother shall have custody of the
child from 12:00 noon on Christmas Day until 12:00 noon on December 26. The parties shall
alternate their Christmas holiday blocks each year thereafter.
c. In 2007 and odd years thereafter, father shall have custody of the child from 8:30
a.m. until 8:30 p.m. on Easter Sunday. Mother shall have custody of the child for the same time
period on even-numbered years.
d. In odd-numbered years beginning with New Year's Eve 2007-2008, father shall
have custody of the child on New Year's Eve an New Year's Day beginning at 5:00 p.m. on New
Year's Eve, until 5:00 o'clock p.m. on New Year's Day, and Independence Day from 5:00 p.m.
on July 3 until 8:00 p.m. on July 4, and mother shall have custody of the child on Memorial Day
and Labor Day from 5:00 p.m. the evening before the holiday until 8:00 p.m. on the holiday.
e. In even-numbered years beginning with New Year's Eve 2008-2009, mother shall
have custody of the child on New Year's Eve and New Year's Day beginning at 5:00 p.m. on
New Year's Eve until 5:00 p.m. on New Year's Day, and Independence Day from 5:00 p.m. on
July 3 until 8:00 p.m. on July 4, and father shall have custody of the child on Memorial Day and
Labor Day from 5:00 p.m. the evening before the holiday until 8:00 p.m. on the holiday.
4. During the summer vacation from school, commencing on the second weekend after
the last day of school until one week prior to commencement of school in the fall, the parties
shall alternate weeks of custody with custody exchanges commencing on Sundays at 5:00 p.m.,
the first week to commence with the father and to alternate thereafter.
4b
Nothing herein shall prohibit the parties from agreeing to additional or different periods
of partial custody as the need shall, from time to time, arise.
BY THE COURT,
4?4
Kevin A. Hess, J.
Jey J. Beam, Esquire
For the Plaintiff
/athan C.
For the De
Am