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Home My WebLink About94-07083 defendant le'av,: and telephoned the Si Iver Spring Township Pol ice Department, h. On or ahout Novemher 211, II)CJ4, the defendllnt threatened the plaintiff slIying, "I'll kill you if I find out you were with somehody. Why do you think 0,.1. Ilid it'!," then slapped the plaintiff in the fIlCl'. The plllintiff fen red for her safety. c. On or IIhmll August 17, 1')1)4, the defemlant slapped the defendllnt on the hack of her heml wi th such force thllt she fell to the floor experiencing intense pain. The defendnnt then left the residence, returned approximately one hour Inter, walked up behind the plnintiff, ami slapped her on the hack of her he/ll /lgain, knocking her to the floor. The plaintiff feared for her s/lfety. d, On or ahout June 6, 1994, the defendant. angered because the water heater WIIS malfunct ianing, slappell, kicked and punched the plaintiff /lbaut her heml, fllce /lnd hlldy, and pulled her hair during a period of approximately 90 minutes, The plaintiff sustained multiple bruises as well as soreness about her /lrms, legs /lnd body, a blackened eye IInd soreness ahout her head as a resul t of this incident. e. since approximlltely 1984, the defend/lnt hilS /lhused the plaintiff in I"IIYS including, hut not limited to pushing, shoving, slapping, punching, kicking IInd choking her, pull ing her hili 1', restruining her, and throwing ohjects lit her. During one incident the defendllnt hellt the plnintiff, who WIIS 6 months pregn/lnt lit the time, IIbout her helld ';0 severel,\', thllt she sustnined a punctured ellrdrum, In IIddition, the defendant threatened the plaintiff ~lIying, "I'd like tll pundl you right In the llIouth, " IInd he repl'lItl'dly hils threlltl.tled to ki II tier. 5. The pili int i ff hel ieves IInd thercforl' Ilver~ thllt ~he is In immedinte and preSl'nt danger ",f IIhu~e from the defl'ndllnl ~hould ~he remnin in the home wllhout tlw defendllnt'~ exclusion, lInd thnt she is in need of protection from such IIbuse, b, The plllintiff de.' I res thllt the defendllnt he prohibited from hEIVing any direct or itnlirect contnct wiLh the plnint I ff including, but nnt I imlted to, telephone mul wri t ten clllllmunicat ions, except for the I imi ted purpose of faci I i tilt Ing custody nrrllngement~. 7. The pllllnt I 1'1' desires thllt the defendunt he enjoined from harassing /lnd st/llking the pl/lintiff, and from hllf'llssing the plaintiff's f/lmi Iy or the minor chi Idren. 8. The plaintiff desires thllt the defendunt be restrllined from entering her plllce of emploYlllent, /lnd the schools nnd dllY cllre facilities of the minor chi Idren. 9. The plllintiff desires thllt the defendant be enjoined from removing, damaging, destroying or sell ing /lny property owned joint Iy by the p/lrties or owned solely by the plaint iff. D. EXCLUSIVE POSSESSION 10. The home from which the plnint iff is nsking the Court to exclude the defendllnt is owned in the names of Plltricin A. Brockman and Christopher L. llrockmun. II. The plnint i ff current Iy hns no plllc~ to stllY wi th the chi Idren except the mllritnl home, nnd the defendant hlls friends in the aren with whom he can stllY. 21. The plllintiff hils not previously pllrticipated in any litigation concerning custody of the IIhove-mentioned chi Idren in this or any other Court. 22. The plllintiff has no knowledge of any custolly pl'llcel'dings concerning these children pending before a court in this or IIny other jurisdiction. 23. The plaint i ff dnes not know of IIny person not 1\ purty to this act ion who has physiclll custody of the chil<lren or clllims to h1\ve custody or visitlltion rights wi th respect to the chi Idren. 24. Till' hest interests und perlllllllent welfllre of the minor children will be met if custody is temporarily grantell to the plaintiff pending a hearing in this matter for reasons including: II. The plaint iff is a fi t parent who has provided for the emotional and physicul needs of the chi Idren since their births und can hest tllke cnre of the minor chi Idren. b. The defendnnt has shown by his nhuse of the pluint iff thut he is not un appropriate role model for the minor chi Idren. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.5. Y 6101 et ~QH., ns llmended, the plaintiff prnys this Ilonornble Court to grant the following rei ief: A. Grunt a Tempornry onler purslInnt to the "Protect ion from AbuRe Act:" 1. ordering the defemlant to refrnin from abusing the plllintiff and/or plucing her in fear of ahuse; 2, Ordering the defendunt to refrnin from having any direct or indire.;t contuet with the plaintiff including, hut not I imited to, telephone nnd written conllnunications, except to fllcl I itnte custody nrrnngements; J. Ordering the defemlnnt to refrnin from hllrussing lIntl stlllking the plllintiff nnd from h/trllssing the plaintiff's fllmi Iy nnd the minor children; 4. Proh i hit i nl! the dcfendnnt from enter ing the 1'1111 nt iff's plllce of employment, 11I1<1 the schools IInd dny cnre fnei II tics of the minor children; 5. Prohibiting the defendllnt from removing, dnmaging. destroying or selling property jointly owned by the parties or owned solely by the plllinUff; Ii. Grunting possession of the home locllted lit 228 Woods Drive. Mechnnicsburg, cumberlnnrl County, Pennsylvanin. to the plllint 1 1'1' to the exclusion of the defendllnt pending n final order in this mlltter; 7. ordering the dcfendllnt to stllY away from IIny residence the plllintlff lIIay in the future estllblish for herself. and R. Grunt ing telllporury custody of the minor chi Idren to the plllint iff. n. Schedule II hellring in IIcconlnnce wi th the provisions of the "Protection 1'1'011I Abuse Act," nnd, nfter such hellring, enter an order to he in effect for 11 (leriod of one yellr: I. Ordering the dl'fendllnt to refrnin frolll IIbuslng the I'llIintiff lind/or plllcing her in fenr of IIbuse. 2. Ordering the defendnnt to refrnin from hnmssing and stalking the plnint i ff nl1ll from hMnssing the pi/lint iff's fnllli Iy Ilml the lIIinor chi Idren. J. prohihi t ing the defendnnt frolll entering the plnint iff's plnce of employment, Ilnd the school s nnd dllY cnre fllc ill ties of the minor children. 4, Prohihit ing the defendnnt from removing, dllmnging, destroying or sell ing property jointly owned by the pnrt ies or owned solely by the plnintiff, 5. Grnnt ing possession of the home locnted lit 228 Woods Drive, Mechllnicsburg, Cumberlllnd County, Pennsylvllnin, to the plnintlff to the exclusion of the defendant. Ii. Ordering the defendant to stllY IlWIlY from Ilny residence the plllinl.iff may in the future establish for herself. 7. Grant ing support to the pllllnt iff and the minor children in the amount of $175.00 per week pllYllble to the plaintiff in the form of n check or money order, mniled to her residence. S. Ordering the defendllnt to PIlY Ilttorney's fees to Legal Services, Inc. The plnint i ff further Ilsks that this Pet i t ion he fi lecl and served wi thout pllyment of costs, pending II further order nt the hearing, nnd that a certified copy of this Petition Ilncl Order be delivered to the Silver Spring Township Police Oepnrtment who hns jurisdiction to enforce this Order. The plnintiff pmys for such other relief liS mllY he just ancl proper. PATRICIA A, I1H(X'KMAN, Pia int i ff I N TilE ('OllHT 01- C'OMMON PI.Et\S of C'IIMHFHI.ANII ('otJNTY, PFNNSYIVANI^ v. NO, 'l,1-7n~i1 ('IVII. 'ri'HM ('(11(1 STOPIIER I., I\HOCKMAN, IIcfendant I'HOTH'TlOS I;HO'1 AHPSE ANII ('lISTOllY ~ I'HtYrWI'HlN _Olllml\ t\Nn NOW. thh 1- _ day of I;l'hrllary. 1'l'J5. 1I,,,n considl'rat ion of the c'ons,'nt t\greelllenl of the part il's, till' followill!' Ordl'r is '''ltere.l: I, The defelalanl, ('hristnph"r I.. IIroc~lIIan, is enjoined frolll physically ahusing the plaint iff, Patricia A. IIroc~man. and/or from placing her in fear of ahllse, 2, The defl'llllant is l'njoined fnlOl having any direct or indirect contnct ",ith the plaintiff including, hllt not limitell to, telepholle and written communicatiolls, except for till' limited purpoSl' of facilitating custody arrangements. :1, The Ill'fellllant is ordered to fl'fruin from harassing anll stalking th,' plaintiff anl\ frnm harnssing the pInintiff's relatives and the minor children, -I, The defendant is prohihite,l from enlering the plaintiff's plllce of employment or the minor chi Idrens' schools or the day care fad I ities of the minor children. 5, The defellllant is prohihited from removing, damag,ing, destroying or sl'lling IIllY property OW Ill" , hy the plaintiff or jointly ownl'll by the pllrties, (i. The Ill'fendanl is excluded frolll lhe plaintiff's residence locllted at 22H Woods IIr1Vl', Medtanieshurg, Cllluherland rOllnty, Pennsylvanill. The """,,nllanl is onll'rell to StllY away from any residence the plaint i ff IIII1Y in thl' flltllre ,'stahl hh for hersel f. X. Thl'defL'ndant is orderl'd to pH~' interim '-,upporl tll tlll.' plllintiff for thl' minor childl'l'n in the Illllllllllt of ~I]~.()() per week and half the weekly child cUft' cost>.; payahle to the plaint iff ill thL' form Ill' H dH.'ck or 1lI01ll'Y ordt.'r hy ITIdi I cHch Friday pL'rlllil1g till' l'olry of i11l nrdt'r hy the ('umhcrIHlul ('ounly Pomestic Helat iOlls of rice, 'I, This order shall 1'l'llIain in effect for al"'l'iod of one Yl'ar or until modi fietlnl' tennillllll'd hy till' (\1111'1 HI''''!' flol iCl' or hl'Hring anti, t:HrI hl' cxll'rulcd heyond that tillle. if thl' (""111 finlh that lhe defendant has cOllllllittl'd another /let of Ilhusc or hllS \"'(Igllged in /I pal tern or prHt'l iet' that indiclltcs cont inuccl risk Ilf hat'ln to the plaint i rf. 10, t\ violllt ion or this Order may suhject thl! defendant to: i) IIrrest under 2.1 Pa, C.S. Yf,ll.1: i i) a private criminlll complaint lindeI' 2.1 Pa, C,S, YliI D.l: i i i) a dJllrge of indirect criminal clllltempt under 2.1 Pa. C.S, g6I14. punishahle hy imprisonmenl lip to six months and a fine of SI(JO,(JO-~1 ,000,00; IIltll iv) civi I contempt under 2.1 I'll. C.S, YliI 1-1, I. Hesumpt ion of co-residence on the part or the plaintiff and d,.fend/lnt shall not nullify the provisions of the court oilier, It. The Silver Spring Township Police Department shill I he provided with a certified copy of this Ol'ller hy the plaintiff's attorney and mny enforce this Order hy arresl fill' inllirect criminal contempt without warrllnt UIXln probahle cause thaI this Order has lll'en violatell, whether or not the viollltinn is committed in the prl'Sl'nl'l' of the pol ice officer. In the event that an arrest is lIIade unller this section, lhe defendant shill I he tllken witholltunnecessllry delay hefllre the court thaI isslled lhe order. When that court is unavailllhle, the at 10:00 a.lll. ant! the 1111",1' l'i1r..nt hil\'ill~ the lhildrelllln ('llrhtlll.IS (lilY al IO:()() 11.01. ulltilllec"lllher ]hlh al !]:()() 1ll""1. III y,'ars when thl' fillhl'r ~11I1I1 have part ial .'ustlllly Oil ('hrhllllilS Fv.. he wi lipid thl' chi Itlrl'll "I' IIrler Ill' gets Ilff work. Th.. fllther shill! hllve till' chi Idrell 1111 Christmas (lilY fnllll 111:00 '1.111. 1I1lt i I llecemllL'r 2(ith at 12:011 nllOIl in ,"It! nUlllhl'rl'd Y"lIrs, 7. The rather shall hilVl' a rllllr-Iulllr p..riod of l'uslody with l'lll:h chilt! on ttll' their hirthdays l'Hch year Itl I illlL'S to hL' ll~TL',.'clllpun hy thl' part it'S. 1\. I':a"'\ I'ilrty shill! I"lv" thl' chi It! 1"'11 for two w,."ks val'at illll each year (incllllI ill!'. a III1IX illlUlll of two wI'I'~eluls). The part ies sha!1 provide each ot her wi th .10 clnys lldvllllL'C nut ice of intcnt to cXl'I'CisL' tlwir VHent iOJl Pl!riod. II. The father may t,'lcphone the mother's residence for the limited purpose of Iliscussing custody IIrrangelllenls with her i1l1d any other informat ion pertinent to the childrellor to speak wilh till' chiltlren. The father s1ll111 limit his telephnne calls to th" chi Idl'l'1l to one eall ellch night he tween the hours nf 6:00-1\:00 p.m. 10. Th,.defendant shall not use alcnholheforeor dllring the time h,' hilS custody of the chi I<lren, II. The mother a III I father, hy mutual IIgreement, lOllY vllry from this schedule lit IIny time hut the order shall remain in effect until either I'lIrty petitions t.o have it chllnged. 12. The mother IIl1d father sltltll nolify the other or all medical Cllre the children receive while intllllt Pilrent'scare. Eachl'lIrent sltltll notify the other imltl,'diate!y of llledical elllergencies which arise whi Ie the chi Idren lire in thnt parent's carL'. 1.1, Neitlll'r Pilrty Slllll 1 do anYlhing which may est1'llnge the children from the other parent, or injul'l' Ihe ol'illioll nf the chi Id liS to the other parent or 7, The defendant agrees to stay away from any residence the plaintiff may in the future establish for hersel f, 8. The defendant agrees to pay interim support to the plaintiff for the minor children in the amount of $125,00 per week and half the cost of day care for the parties' children, payable to the plaintiff in the form of a check or money order by mail each Friday pending the entry of an order by the Cumberland County Domestic Relations Office. 9, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 10, The defendant understands that the Protection Order will remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, II, The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 12, The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman, a, The mother will have primary physical custody of the children and the parties will share legal custody, b) The father will have partial custody of all the children on alternating weekends from Friday at 6:00 p,m, until Sunday at 6:00 p.m, and at other times agreed upon by the parties, c) The parties will transfer custody of the children at a neutml location lIirced upon by the parties, Durlnl transfer of custody both parties will remain in their vehicles. d) The parties will alternate the following holidays with the father having the children from 9:00 a,m, until 8:00 p,m,: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day, The father will commence the holiday schedule with Easter, 1995, e) The parties will share the Thanksgiving Day holiday, with the father having the children from 2:00 p,m, until 10:00 p,m, f) The parties will alternate periods of custody at Christmas with one parent having the children on Christmas Eve from 10:00 a,m, until Christmas Day at 10:00 a.m, and the other parent having the children on Christmas Day at 10:00 a,m, until December 26th at 12:00 noon, In years when the father will have partial custody on Christmas Eve, he will pick the children up after he gets off work. The father will have the children on Christmas Day from 10:00 a,m, until December 26th at 12:00 noon in odd numbered years, g) The father will have a four-hour period of custody with each child on their birthdays each year at times to be agreed upon by the parties, h) Each party will have the children for two weeks vacation each year (including a maximum of two weekends), The parties will provide each other with 30 days advance notice of their intent to exercise their vacation period, i) The father may telephone the mother's residence for the limited purpose of discussing custody arrangements with her and any other information pertinent ~~ ~~>< .... .... /j ~~~ .... -~ w '''~ _:B ..... H .... ~~ ..g Ji t ~ i~~~ c !c ~ t::... ," ...... ... a I Vi "'f. !~ <:r:~ .11. I/t'" ,: ": . . . I ~ E:f ~I loI,tIl I" . ~~~~ 1Il <II , ... -g :> Il = c ,. <>: . ~ ~2 <II ~ J!J3 ;:~ :;j 11 e"l . ~ Ja ~J 1I ~ ~ 0<( ~ ~i5 ~ ~ u ~~ ~ ~ '" .... , . ... PATRICIA A. BROCKMAN, Plaintiff IN TtlE COURT OF fXXolMON PLE:AS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-7083 CIVIL TERM CHRISTOPtlER L. BROCKMAN, Defendant CIVIL ACTION - LAW CUSTODY PRIOO JUDGE: Judge George E. Hoffer CUS'l'ODY CXH:ILIATICIl SlHIARY REPCRT IN ACXDUlANCE WITII ClI1BERLAND tD.Nl'Y RULE OF CIVIL mu~I<I'lRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Jason A. Brockman Shawn M. Brockman Ryan J. Brockman Brent C. Brockman Lindsay E. Brockman February 14, 1982 July 12, 1983 April 10, 1985 March 5, 1988 November 16, 1989 Plaintiff/Mother Plaintiff/Mother plaintiff/Mother Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on August 16, 1995, with the fOllowing individuals in attendance: The Mother, Patricia A. Brockman, with her counsel, Andrew C. Sheely, Esquire, and the Father, Christopher L. Brockman, who appeared at the Conference without legal counsel. 3. This Court entered an Order dated February 7, 1995 in connection with Protection from Abuse proceedings initiated by the Mother. Under the Order, the Mother has primary physical custody of the Children and the parties share legal custody. 4. On July 7, 1995, the Mother filed a petition to Modify the existing Custody Order requesting full legal custody and supervised visitation only for the Father. The Mother alleged that the Father has been harassing her by contacting Children and Youth Services to charge her with Child Abuse. The Mother further stated that the Father denigrates her and verbally harasses her in front of the Children in violation of this Court's prior Order. The Mother also claims that the Father does not provide the parties' daughter with the necessary medication for her heart condition during his periods of partial custody. Finally, the Mother alleged that the Father has become so abusive at the Children's athletic activities that the Father has been banned from those activities and the Children prohibited from playing on certain teams. The Mother's counsel provided the Conciliator with letters indicating that the investigation performed by Children and Youth Services resulted in no finding of child abuse and that the Mother is attending counseling along with one of the Children on issues related to vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY PATRICIA A. BROCKMAN, Plaintiff CHRISTOPHER L. BROCKMAN, Defendant NO. 94 - 7083 PETITION FOR MODIFICATION OF CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. plaintiff is patricia A. Brockman, residing at 228 Woods Drive, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. Defendant is christopher L. Brockman, residing at 207R Four Seasons Lane, Enola, Cumberland county, pennsylvania 17025 3. Plaintiff seeks modification of an existing custody order concerning the following children: (a) Jason A. Brockman (b) Shawn M. Brockman (c) Ryan J. Brockman (d) Brent C. Brockman (e) Lindsay E. Brockman D.O.B. D.O.B. D.O.B. D.O.B. D.O.B. 2/14/82 7/12/83 4/10/85 3/5/88 11/16/89 The children were born during wedlock. The children are presently in the custody of Plaintiff who resides at 228 Woods Drive, Mechanicsburg, Pennsylvania. During the past five (5) years, the children have resided with the following persons and at the following addresses: Patricia A. Brockman and Christopher L. Brockman, at 228 Woods Drive, Mechanicsburg, Pennsylvania; Christopher L. Brockman, 207R Four Seasons Lane, Enola, Cumberland County, pennsylvania 17025 The mother of the children is Patricia A. Brockman, Plaintiff. She is the natural mother of the children. The father of the children is Christopher L. Brockman, Defendant. He i. the natural father of the children. 4. The relationship of Plaintiff to the children is that of The Plaintiff currently resides with the mother to sons and daughter. following persons: none. 5. The relationship of father to sons and daughter. following persons: Danielle previous marriage. Defendant to the children is that of The Defendant currently resides with the E. Ray, age 15, an adopted daughter from a 6. plaintiff has participated as a party and witness in No. 94 - 7083 docketed in Cumberland County and a copy of the relevant Orders of Court are attached hereto laS Exhibit "A". 7. The best interests and permanent welfare of the children, will be served by modifying the existing order and directing that the children's primary care, custody and control be vested in patricia A. Brockman, Plaintiff, and because of the following: (A) Plaintiff can best provide for the minor children with a more suitable, stable, helpful and proper environment than can Defendant. (B) Plaintiff is a fit parent who can best take care of her children. (C) Defendant is unable to provide the children with a reasonable living environment for overnight visits as he only has one bedroom in his apartment where he presently resides and which he shares with Danielle E. Ray, a fifteen year old girl; and 2 (D) Defendant has acted in an abusive manner at the children's recreational activities so as to cause the supervisors of such ac- tivities to bar plaintiff's children from participating in such events a. aOQcer and baseball events, including instituting restraints which constrain Defendant from the players in the dug-out; and (E) Defendant has violated and continues to violate provisions of the prior custody order dated February 7, 1995 and a protection order dated February 7, 1995; and (F) Defendant routinely disparages Plaintiff's reputation in the presence of the children; and (G) Defendant has not participated in counseling nor has he encouraged the children to participate in counseling; and (H) Respondent's conduct and behavior in the presence of the children is improper and detrimental to the childrens welfare, demons- trating that Respondent is unfit and incapable of continuing his contact with the child in accordance with the February 7, 1995 Order of Court. 8. Each parent whose parental rights to the children have not been terminated and the person with physical custody of the children have been named as parties to this petition for modification. WHEREFORE, Patricia A. Brockman, plaintiff herein, requests that your Honorable Court modify the existing custody order to require supervised visits with the children and their father, grant primary legal and physical custody of the minor children to Patricia A. 3 - ) ,.,,- \ at lO:OO a,lII, and the other parent having the chi Idren on christmas Day at \0:00 a,m. unt i I De<:emher ~6th al I~:OO noon, In years when the father shall have pnrt ial .:ustody on Christmas Eve he ',vi II pick thl' chi Ictren up <If tel' he gets off work, The father shall have the children on Christmas Day frolll 10:00 <I,m. until December ~6th fit 12:00 noon in odd numbered yellr~. -: The father shall have II four-hour pel'iodof custody with each chi Id on the' their birthdays ench year at times to be agre.,d upon by the parties, 8, Ea<:h party shull hflve the children for two weeks vflcation ea<:h year (including 11 mnximum of two weekends), The parties shall provide each other with 30 day'> udvflnce notice of intent to exercise their Vllcat ion period, 9, The father may telephone the mother's residence fc>r the: limited purpose of discuss ing custody arrangements wi th her und any other infmmat ion pert inent to the chi Idren or to speak wi th the chi Idren. The father shall 1 imi t his telephone cull s to the chi ldren to one call eflch night he tween the hours of 6:00-3:00 p,m, \0, The defendant shall not use alcohol before or during the time he has custody of the chi Idren, II, The mother nnd father, by mutual agreement. may vary from this schedule at IIllY time but the order shull remain in effect until either pflrty petitions to have it changed, 12. The mother and father shull notify the other of all medical care the chi Illr~n receive whi Ie in thut parent's <:are. Each parent shull not ify the other immellintely of medical emergencies which ,uise '.vhile the children are in that parent's care, 13. Neither Pflrty shall do anything which may estrange the children from tht< ,lther parent, or injure the opi nion "f the chi ld as to the other parent or v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-7083 CIVIL 'rERM PATHICIA 1\, BROCKMI\N, Plaintiff-Respondent: Clllt I STOPHER I" BROCKMAN, : Defendant-Petitioner: CUSTODY/VISITATION PETITION OF CHRISTOPHER BROCKMAN FOR ~ION OF CUSTODY ORDER NOW COMBS, the Defendant-Petitioner, Christopher L. Brockman, un,l prayu thia Honorable Court modify its custody order and in Ilupport thereof says: 1, Petitioner is Christopher L, Brockman, residing at 207-R, FOUl' flellflona Drive, Enola, Cumberland County, PA 17025. 2, Respondent is patricia A, Brockman, 228 Woods Drive, Mllchanicaburg, Cumberland County, PA 17055, 3, Petitioner seeks custody of the following children: l:W1E PRESENT RESIDENCE D.O.B, Jaaon Brockman 228 Woods Drive 2-14-82 Mechanicsburg, PA 17055 Ryan Brockman 228 Woods Drive 4-10-85 Mechanicsburg, PA 17055 4, The children were not born out of wedlock. 5, The children are presently in the custody of Plaintiff- Reapondent at 228 Woods Drive, Mechanicsburg, Cumberland County, PA 17055, 6, Since birth, the children have resided with the following peraons and at the following addresses: concerning the children pending in any Court, except as previously noted, 13, Petitioner does not know of a person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children, 14. The best interests and permanent welfare of the children will be served by granting the relief requested, namely, the transfer of primary rhysical custody to the Petitioner because: a, Petitioner has had an excellent and loving relationship with the two boys at all times since their birth and it is important that such relationship continue, b, Both boys have grown up playing competitive soccer on the teams that Petitioner coaches as well as and under his tutelage, c, This activity has created a strong bond between the three individuals. d, Both boys are actively engaged in other sports as well, the enjoyment of which they share with Petitioner, e. Respondent presently cares for the parties' five children, As such, it is difficult, if not impossible for the boys to participate in soccer and other sports to the extent that the boys would like to. f, petitioner believes that Respondent has evidenced a studied intent to destroy the relationship that petitioner has with his two boys, g, On more than one occasion since Respondent was awarded custody, Respondent has maliciously kicked at Jason's - 3 - legs in an attempt to injure the child, These actions were taken with full knowledge that Jason is a premier soccer player, having been ac~epted as a member of a State select team, h, On more than one occasion since Respondent was awarded custody, Respondent has, while operating a motor vehicle in which Jason was a passenger, stopped the vehicle and demanded that Jason get out of the vehicle, because he was talking about his father, i, In mid-May of 1995, after Respondent again made such a threat and after refusing to continue operating the vehicle to continue home, Jason was forced to leave the vehicle, At such time, Jason was required to knock on the door of a residence, the owner of which he did not know, to call the police, j. petitioner believes that this incident was reported to the school guidance counsellor as well as Children and Youth Services for Cumberland County, k. petitioner further believes that Respondent has evidenced a studied intent to destroy his relationship with the boys as petitioner has recently learned that during the course of living with Petitioner, his daughter by his first marriage, Danielle, frequently left telephone messages and wrote letters to Petitioner, petitioner never received those communications as Respondent threw out the letters and refused to tell petitioner that his daughter telephoned him, As a consequence, Petitioner's daughter became estranged from him, - 4 - P.~TRICIA A, BROCI\MAN. Plaint iff IN mE COURT Of COI>MlN PLEAS Of CUMBERLAND COUNTY, PENNSYL VAN 1 A v, NO, CJ.\-~08J CIVIL TERM ('lfR I sTOPHER L. BR()(,lJ>l~N, Defendant PROTECTION FROM AEl!.JSE Ao\;D CCSTODY alSTODY ORDER AND NO\\' , this 74-1-\ clay of February, 1995, upon consideration of the partie~' Consent Agreement. the following Order is entered with regard to custody of t he part ies' chi Iclrep, Jason Brockman, shawn Brockman, Ryan Brockman, BrPllt Brockman, and Linclsay Brockman, \. The plaintiff, hereinafter referred to as the mother, shall have primflry physical custody of the chi Idren, and the parties shall share legal custody, 2, The defendant, hereinafter referred to as the father, shall have partial custody of all the children on alternating weekends from friday at 6:00 p,m, until Sunday at 6:00 p,m. and at other times agreed upon by the parties. .1, The pnrties shall transfer custody of the children at a neutral location ngreed upon by the parties, During transfer of custody both pflrtie~ shall remain in their vehicles, .\, The parties shall alternate the following holidays with the father having the chi ldren from 9:00 a.m, unt i I 8:00 p,m,: New year's Dny, Easter, ~lell1orial Day. ./uly ~th. and LAbor Dny. The father shall comnlence the holida)' ~chedule with Easter. 1995, 5. The parties shall share the Thanksgiving Day holiday. with the father hflving the chi Idren from 2:00 1',10, unt i I 10:00p,m, (i, The parties shall alternate periods of custody at Christmas with one parent having the chilclren on christmas Eve from 10:00 I\,m, until Christmas Day Exhibit "A" ~ ..'! .... ( al 10:00 I\.m, IInd the other parenl hllvlng the chi ldren on Christmas Day I\t 10:00 /I,m, unl i I Occember 26th a\ 12:00 noon, In ycnrs when the father shall have [lIHI inl custod~ on ehri,'llllns Eve hI! '"i II pick tltL' chi IIlren up afler he gets off ""rk, The fnthl'r sh,tll hilve the children nn l'hris\lIIilS [lil." frill.. ICl:OO '1,11I, until !\L'c"lIIhl'r l(it h "t I ~: 00 noon in Lllld numbe red ;.""1 rs, The father shall have II four-hour ('er il,d "f custody wi th ellch chi Id on lhe their birthdays ench year nt times to he agre,..d upon by the part les, R, Elich party shall have thl! children for lwoweeki' vllcation ellch )leal' linclllding ,\ maximum of t"o weekends). The ('(\\'ties shall provide I!nch l,thl'r with 30 da)ls advance not Ice of intent to exercise th.:ir vllcat ion period, Q. The father may telephone the mother's residence f()(' th... limited purpn~... of discllssing custody Ilrrflngements with her an<I flny otlwt' information pertinent to the childrcn or to speak with thl' children, Th" father shall limit his telephone calls to the chi Idren to one call each night between the hours of 6:00-8 :00 1'. m, la, The d,dendnnt shall not use alcohol before or during the time he has custody of lhe chi Idren, II. The mother nnd father, by mutual agreement. mil)' vllry from this schedule lit any time but th" order shall remuin in effect until either party petitions to have It chnngerl. 12. The mother and father shell 1 not i fy the other of all medical care the chilltren receil'l' while in tltat pilfenl's cnre, Ea('h pnrcnt shall notify the other inmlt'llint"ly .,f medical emergencies which arise '.hi Ie the chi Idren lire in that pal'l'nt" care, 1:1, ~,,jthl.r pflny shnll 110 nnything which mny estrange the chi Idren from the nther parent, or injure the opininn "f thl' child as to the other parent or PATRICIA A, BROCKMAN. Plaint! ff' IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY. PENNSYLVANIA 94-7083 CIVIL TERM CIVIL ACTION - CUSTODY VS CHRISTOPHER L, BROCKMAN. Defendant IN RE: CUSTllDY QRllER Of CJlllRI AND NOW. October 23. 1995. 6:10 p,m,. after hearing and consideration of the testimony presented. we direct that the mother and father shore legal custody of their three boys. Joson. Shown. and Ryan, Primary physical custOdY of these boys sholl be with the father os of this moment, Each counsel is directed to furnish to the court a suggested visitation plan after negotiations between counsel, It is hoped they present 0 plan approved by both sides, On any details both sides cannot agree upon. the court will make the decision, We would like to have these proposed visitation plans within four business days of tOday's hearing, By the Court. ~. Andrew C, Sheely. Esquire 5 West Main Street ".~~~ Shiremanstown. Po, 17011 t1'~~~ for the Plaint! ff \'\~~ Barbaro Sumple-Sullivan. Esquire 549 Bridge Street New Cumberland. Po, 17070 for the Defendant :mtf 0'" c:~ '1:" .~CD:J:,. ~ %,""1;:: .z:n""O~l -Ln"" .;:') C1 Z:'-fO ~C1 ~..., ...... ";n~)~ O'"t z:oZ'~ Ji:c: ),., """'V z.... :a: ....>> ...~ = co .." - lID U'II " . PATRICIA A. BROCKMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 7M' ;) V. 94-18e3 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION - CUSTODY Defendant lti..B.E: CUSlODY QB.DER OF COUR.! AND NOW, October 31, 1995, after hearing, the following Order Is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman, 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children, Major decisions affecting the best Interests of any of the minor children, Including but not limited to, medical, religious, and educational decisions, shall be made Jointly by the parties. Each party agrees to provide the other with timely notice of critical dates and events relative to the children's educational, medical and social needs and scheduling. 2. Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with their father, Christopher L. Brockman, Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shall be with their mother, Patricia A. Brockman, 3. The parties shall alternate custody of all five children Jointly every other weekend commencing on Friday at 6:00 p.m, through Sunday at 6:00 p.m. - Exchange of custody shall occur at a location agreed to by the parties. In the event that either Jason or Ryan have a scheduled "away" soccer game during Mothe(s weekend of physical custody of the children, Mother will allow Father to transport the children to the games for their participation; any time missed by the mother (for her visitation) shall be made up In another acceptable fashion. In the event that a scheduled "home" soccer game occurs during Mothe(s weekend of physical custody of Jason and Ryan, Mother will be responsible for transporting the children to the soccer game for their participation. 4. The parties shall altemate the following holidays so that on their respective holiday, said parent shall have custody of all five children. These holidays shall be New Yea(s Day, Easter, Memorial Day, July 4th and Labor Day. The rotation shall commence with Mother having custody on New Yea(s Day, 1996. Periods of custody for either parent shall be from 9:00 a,m. to 8:00 p.m. 5. The parties shall share the Thanksgiving Day holiday, with the Plaintiff having custody of all children from 9:00 a.m. until 2:00 p,m. and Defendant having custody of all children from 2:00 p,m. until 1 0:00 p.m, 6, The Christmas holiday shall be shared between the parties and divided so that the holiday Is divided Into two segments. The parties shall altemate periods of custody at Christmas with one parent having the children on the first segment, which shall be Christmas Eve from 10:00 a.m, until Christmas Day at 10:00 a,m, The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a,m, until December 26th at 12:00 ,. noon. Mother shall have the first segment of this holiday schedule In even number years and Father shall have the first period of the holiday schedule In odd number years. 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday. All children shall be with Father on Father's Day and Mother on Mother's Day, 8. Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends. The parties shall provide the other with thirty (30) days advance notice of the requested period. 9. Each parent shall be afforded reasonable telephone contact with the children In the other parent's custody. 10. The parties shall endeavor to allow the other parent one evening per week as a period of custody between that parent and all five children. This additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities. 11, Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12, Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse (c) Ryan J. Brockman (d) Brent C. Brockman (e) Lindsay E. Brockman D.O.B. D.a.n. D.O.B. 4/10/85 3/5/88 11/16/89 On or about February 7, 1995, a Protective Order was entered upon consideration of a Consent Agreement pertaining to a protection from Abuse Complaint. In addition, the Protective Order was entered with a custody Order directing that plaintiff Mother have primary physical custody and that the parties would share legal custody. In addition, the custody Order directed Defendant undergo partial physical custody on an alternating weekend basis and as other times agreed by the parties. III. Reauested Relief plaintiff l'espectfully requests that this Honorable Court modify the existing custody order to require supervised visits w1th the children and their father and continue primary physical custody of all minor children with their mother. Plaintiff believes that Defendants counseling on an individual basis or on a family basis, combined with her continued counseling with the children, will be in the best interest of the children who are adjusting to the separation of their parents. In addition, Plaintiff is requesting supervised visitation to insure the best interest of the children. Finally, Plaintiff is requesting an Order imposing speoific relief against Defendant for further violations of the prior and any subsequent Order of Court oonoerning custody of the children. IV. ProDosed witnesses and testimony 2 Patrioia A. Brookman, Plaintiff 228 Woods Drive Heohaniosburg, PA 17055 Plaintiff will testify to those issues raised in ths custody complaint wherein she seeks primary physioal custody of the ohildren with supervised visitation for Defendant. specifically, Plaintiff will testify as to a series of events whioh have transpired since February 1995 inoluding but not limited to the affeot of Defendant's behavior on the welfare and health of the parties ohildren. She will further testify as to the childrens' general behavior, statements and actions since February of 1995. In addition, she will testify as to her counseling and counseling for the children. (1) (2) Jason Rausher, Guidance Counselor. Eagle View Middle Sohool Cumberland Valley High School 6746 carlisle Pike Mechanicsburg PA 17055 Jason Rausher is the parties oldest child's guidance counselor. He will generally testify as to the child's behavior in sohool and an incident whioh led to the filing of abuse allegations against plaintiff. In addition, he will testify as to his observations of both parents' behavior and conduot with the parties oldest child. Christina Runyon Cumberland county Children and Youth Service Human Services Building 16 West High street Carlisle, PA 17013 Chistina Runyon is employed by the Cumberland county Children and Youth Servioe. She investigated the allegations of abuse against Plaintiff and determined them to be unfounded. In addition, she conducted extensive interviews with the parties and the children. She will testify as to the statements made to her by the children and to the statement made by the parties. She will further testify as admissions made by the Defendant concerning a strip poker inoident with the ohildren. (3) 4. Jeannette Ray. 381 Torbert Rd. Fawn Grove, pa 17321 Jeannette Raye is a former spouse of Defendant Christopher Brockman. She will testify as to the defendant's behavior ooncerning their natural daughter, Dannielle. Specifically, she will testify as to the Defendant's behavior with Danielle during the 3 PATRICIA A. BROCKMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 94-7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, Defendant QUESTIONS FOR THE BROCKMAN CHILDREN PREPARED BY BARBARA SUMPLE SULLIVAN. ESOUIRE CIVIL ACTION - CUSTODY 1. How have things changed in your life since your parents have separated? 2. Do you have the chance to call your Dad when you need to since he has not been living in your home? Has your Mom ever stopped you from calling your Dad? How has she done this? Does either parent interrupt you when your speaking with the other parent? 3. Have you had any problems with either parent? Have you told anyone about this, (these) problem (s)? What did that person do? 4. What is it like to spend time with your Mother? What is it like 'to spend time with your Father? (Re: CHORES, DISCIPLINE, MEALS, HOUSE CONDITIONS) 5. What parent do you go to if you're in trouble? 6. Has any parent hurt you? Have you seen ei ther parent hurt any of your brothers or sister? 7. If I made the decision to allow you to live with your Dad, how would you feel about that? How would you feel to have to go to another school? How would you feel about being away from your younger brother and sister? ' 8. Are you angry with either of your parents? Why? 9. Has either parent made it hard for you with your friends or at soccer? Has any parent embarrassed you or made it hard for you? How? 10. Do you think counseling would help your family? ", Who speaks nicer of the other parent your Dad or your Mom? 1 II. Substantive History: Custody of the children had been originally jefined by the parties pursuant to the Consent Order of February 7, '995. After the entry of the order, Mother has exhibited a deliberate pattern to alienate the children from contact with their father, including the lack of allowing the children phone contact with him, the lack of ability to participate in soccer coached by their Father, etc. The children have described to their father occurrences of physical and emotional abuse against them by their Mother. This has lead the children to request that their Father remove them from their Mother's home and take primary physical custody of them. Father has secured suitable living arrangements for the children in the Cumberland Valley School District, the children's School District. Father is able and willing to provide for the care of the sons. Since his filing of the initial Petition in July, the third son, Ryan J. Brockman, has expressed his desire to his Father to also live wi th his brothers and his father. Defendant is also able to provide for his care and modifies his request for primary custody to so include said third son, III. Requested Relief: Defendant seeks an Order granting him primary physical custody of the three eldest children, Jason A. Brockman, Shawn M. Brockman and Ryan J. Brockman. Defendant requests periods of 2 8t 10:00 8,01, unci the other parent huving the chi Idrcn on Christmlls Day Ilt 10:00 /I,m, until Decemher 26th at 12:00 noon, In yel\rs when the fl\ther shall have pl\rt ial custody on Christmas Evo: he wi II pick the chi Iclren up after he gets off work, The father shull hllve the children on Christmlls Day from 10:00 a,m, until December 26th at 12:00 noon In odd numbered yeurs, 7, Tho: father shall have a four-hour period of custody wi th ellch chi Id on the their birthdays cllch yo:ar ut times to'he agre'Jd upon by thc parties, 8, Elich party shall hllve the children for two weeks vacation ellch yellr (including II mllxlmum of two weekends). The parties shall provide each othcr with 30 days advance notice of intent to exercise their vl\cation period, 9, The f/lther may tclephone the mother'~ residence for the limited purpose of cllscussing custody IIrrangements with her and any other information pert ino:nt to the chi Iclren or to spO:/lk wi th till' chi Idren, The father shall Ilmi t his telephone calls to the chi ldren to one CII11 each night hl.'tween the hours of 6:00-8:00 p,m, 10, Thl' do:fendllnt shaI I not use alcohol before nr during the time he has cu~tody of the chi Idren, It. The mother ancl father, by mutuIII agreement, may v/lry from this schedule at uny time but the ordcr shall remain in effect until either party p"'t i t ions to h/lv", I t changed, 12, The mother and father shall not i fy the other of all medical care the chi Illro:n reccive while In thnt pnrent's Cllr", Elich pllrent shall notify the other imm",eliato:Iy of medical emergencies which arise while the children lire in that parent's cure, 1.1, Nci ther pliny shnll elo onything which may estr/lnge the chi ldren from the other parent, or injunJ the opinion "f the child as to the other pllrent or . PATRICIA A, BROCKMAN, : IN THE COURTOF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 94.7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION. CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 31,1995, alter hearing, the following Order Is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman. 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children, Major decisions affecting the best Interests of any of the minor children, Including but not limited to, medical, religious, and educational decisions, shall be made jointly by the parties, Each party agrees to provide the other with timely notice of critical dates and events relative to the children's educational, medical and social needs and scheduling, 2. Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with their father, Christopher L. Brockman. Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shall be with their mother, Patricia A, Brockman, 3. The parties shall altemate custody of all five children jointly every other weekend commencing on Friday at 6:00 p,m, through Sunday at 6:00 p,m, PLAlNTlFPB EXHIBIT I t.."\ .;. . . Exchange of custody shalf occur at a location agreed to by the parties, In the event that either Jason or Ryan have a scheduled "away" soccer game during Mother's weekend of physIcal custody of the children, Mother will allow Fa/her to transport the children to the games for their particIpation; any time missed by the mother (for her vIsitation) shall be made up In another acceptable fashIon. In the event that a scheduled "home" soccer game occurs during Mother's weekend of physIcal custody of Jason and Ryan, Mother will be responsible for transportIng the children to the soccer game for theIr partIcipation. 4. The parties shall alternate the following holidays so that on theIr respective holiday, said parent shall have custody of all five children. These hOlidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day. The rotation shall commence with Mother having custody on New Year's Day, 1996. Periods of custody for either parent shall be from 9:00 a,m. to 8:00 p.m. 5. The parties shall share the ThanksgIving Day holiday, with the Plaintiff having custody of all children from 9:00 a.m. unlll 2:00 p,m, and Defendant having custody of all children from 2:00 p,m. until 10:00 p.m. 6. The Christmas holiday shall be shared between the parties and divIded so that the hOliday Is divided Into two segments, The parties shall alternate periods of custody at Christmas with one parent having the children on the first segment, which shall be Christmas Eve from 10:00 a,m. unlll Christmas Day at 10:00 a.m. The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a,m, unlll December 26th at 12:00 . noon, Mother shall have the first segment of this holiday schedule In even number years and Father shall have the first period of the holiday schedule In odd number years, 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday. All children shall be with Father on Father's Day and Mother on Mother's Day. 8. Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends. The parties shall provide the other with thirty (30) days advance notice of the requested period. 9. Each parent shall be afforded reasonable telephone contact with the children In the other parent's custody, 10. The parties shall endeavor to allow the other parent one evening per week as a period of custody between that parent and all five children. This additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities, 11. Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12, Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse PATRICIA A. BROCKMAN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - CUSTODY . CHRISTOPHER L. BROCKMAN, : NO. 94 - 7083 Defendant . . EMERGENCY PETITION FOR MODIFICATION OF CU8TODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Patricia A. Brockman, residing at 228 Woods Drive, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. Respondent is Christopher L. Brockman, residing at 4800 B, Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. On or about October 31, 1995, this Court entered an Order establishing the legal and physical custody of the children of Petitio- ner and Respondent. A copy is attached hereto as Exhibit "A". 4. On or about April 25, 1996, a criminal complaint was filed against Respondent by the East pennsboro Township Police Department. 5. Although Petitioner has not been able to obtain a copy of the criminal complaint, Petitioner has been advised that the criminal complaint charges Respondent with violations of the following sections of the crimes code: (a) (b) 18 Pa. C.S.A. 3121 (1) and (2) - Rape - (f'elony 1) 18 Pa. C.S.A. 3123(1) (2) and (5) - Involuntary Deviate Sexual Intercourse (Felony 1) 18 Pa. C.S.A. 4302 - Incest - (Felony 1) 18 Pa. C.S.A. 6301(a) Corruption of Minors- (MiSdemeanor 1) (c) (d) 6. A preliminary hearing is scheduled for May 1, 1996 before the Honorable Robert Manlove, in camp Hill, Pennsylvania. 7. Petitioner seeks a temporary suspension of the Order of Court dated October 31, 1995 until a hearing can be held to determine the status of the underlying criminal charges. 8. petitioner seeks to suspend the present Order of Court as it relates to Brent Brockman and Lindsay E. Brockman and seeks a temporary order granting her sole custody of such children pending a hearing. 9. Upon receipt of additional information, Petitioner reserves the right to seek modification of the prior Order of Court as it relates to all children. 10. The best interests and welfare of all children requires temporary suspension of the present Order of Court due to the serious- ness of the charges pending further review and receipt of additional information concerning said charges. WHEREFORE, Patricia A. Brockman, Petitioner, requests that this Honorable Court temporarily suspend the Order of Court dated October 31, 1995 and schedule a hearing to address the iGsues raised in this Petition. Date: APRIL 26, 1996 Andrew C. Sheely, Esq e Attorney for Plainti f 1 West Main Street Shiremanstown, PA 17011 717 - 737 - 8761 2 PATRICIA A. BROCKMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, 94-7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION - CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 31, 1995, after hearing, the following Order Is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman. 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children. Major decisions affecting the best Interests of any of the minor children, Including but not limited to, medical, religious, and educational decisions, shall be made jointly by the parties. Each party agrees to provide the other with timely notice of critical dates and events relative to the children's educational, medical and social needs and scheduling. 2, Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with their father, Christopher L. Brockman. Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shall be with their mother, Patricia A. Brockman, 3, The parties shall altemate custody of all five children jointly every other weekend commencing on Friday at 6:00 p,m, through Sunday at 6:00 p,m. EXHIBIT · A ,I Exchange of custody shall OCcur at a location agreed to by the parties; In the event that either Jason or Ryan have a scheduled 'away' Soccer game during Mother's weekend of physical custody of the children, Mother will allow Father to transport the children to the games for their participation; any time missed by the mother (for her visitation) shall be made up In another acceptable fashion. In the event that a scheduled 'home' soccer game occurs during Mother's weekend of physical custody of Jason and Ryan, Mother will be responsible for transporting the children to the soccer game for their participation, 4. The parties shall altemate the following hOlidays so that on theIr respective hOliday, said parent shall have custody of all five children. These holidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day. The rotation shall commence with Mother having custody on New Year's Day, 1996, Periods of custody for either parent shall be from 9:00 a.m. to 8:00 p.m, 5, The parties shall share the ThanksgivIng Day hOliday, with the PlaIntiff having custody of all children from 9:00 a,m, until 2:00 p,m. and Defendant having custody of all children from 2:00 p.m, until 10:00 p,rn, 6, The Christmas hOliday shall be shared between the parties and divided so that the holiday Is divided Into two segments, The parties shall alternate periods of custody at Christmas with one parent havIng the children on the first segment, which shall be Christmas Eve from 10:00 a,m, until Christmas Day at 10:00 a.m, The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a,m, until December 26th at 12:00 noon: 'Mother shall have the first segment of this holiday schedule In even number' years and Father shall have the first period of the holiday schedule In odd number years, 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday. All children shall be with Father on Father's Day and Mother on Mother's Day, 8, Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends, The parties shall provide the other with thirty (30) days advance notice of the requested period. g, Each parent shall be afforded reasonable telephone contact with the children in the other parent's custody, 10, The parties shall endeavor to allow the other parent one evening per week as a period of custody between that parent and all five children. This additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities, 11. Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12. Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse (: '. " !;'.~ Ill'':' ...:, (' [( ,- L. . l._ ( " " ( In '! I: (,: l.:: , '. j " .- , , I L. , ) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY PATRICIA A. BROCKMAN, Plaintiff CHRISTOPHER L. BROCKMAN, Defendant NO. 94 - 7083 EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is patricia A. Brockman, residing at 228 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Christopher L. Brockman, residing at 4800 B, Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. On or about October 31, 1995, this Court entered an Order establishing the legal and physical custody of the children of Petitio- ner and Respondent. A copy is attached hereto as Exhibit "A". 4. On or about April 25, 1996, a criminal complaint was filed against Respondent by the East pennsboro Township Police Department. 5. Although Petitioner has not been able to obtain a copy of the criminal complaint, Petitioner has been advised that the criminal complaint charges Respondent with violations of the following sections of the crimes code: (a) (b) 18 Pa. C.S.A. 3121 (1) and (2) - Rape - (Felony 1) 18 Pa. C.S.A. 3123(1) (2) and (5) - Involuntary Deviate Sexual Intercourse (Felony 1) 18 Pa. C.S.A. 4302 - Incest - (Felony 1) 18 Pa. C.S.A. 6301(a) Corruption of Minors- (Misdemeanor 1) (c) (d) 6. A preliminary hearing is scheduled for May 1, 1996 before the Honorable Robert Manlove, in camp Hill, Pennsylvania. 7. Petitioner seeks a temporary suspension of the Order of Court dated October 31, 1995 until a hearing can be held to determine the status of the underlying criminal charges. 8. Petitioner seeks to suspend the present Order of Court as it relates to Brent Brockman and Lindsay E. Brockman and seeks a temporary order granting her sole custody of such children pending a hearing. 9. Upon receipt of additional information, Petitioner reserves the right to seek modification of the prior Order of Court as it relates to all children. 10. The best interests and welfare of all children requires temporary suspension of the present Order of Court due to the serious- ness of the charges pending further review and receipt of additional information concerning said charges. WHEREFORE, patricia A. Brockman, Petitioner, requests that this Honorable Court temporarily suspend the Order of Court dated October 31, 1995 and schedule a hearing to address the issues raised in this Petition. Date: APRIL 26, 1996 ~ Q ~\.vA Andrew C. Sheely, Esqu~e Attorney for Plaintiff 1 West Main Street Shiremanstown, PA 17011 717 - 737 - 8761 2 PATRICIA A. BROCKMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 94-7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION - CUSTODY Defendant IN RE: CUSTODY ORDER OF COURI AND NOW, October 31, 1995, after hearlng, the following Order Is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman. 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children. Major decisions affecting the best interests of any of the minor children, Including but not limited to, medical, religious, and educational decisions, shall be made Jointly by the parties, Each party agrees to provide the other with timely notice of crltlcal dates and events relative to the children's educational, medical and social needs and scheduling. 2. Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shalf be with their father, Chrlstopher L. Brockman, Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shalf be with their mother, Patrlcla A. Brockman. 3, The parties shall alternate custody of all five children jointly every other weekend commencing on Friday at 6:00 p,m, through Sunday at 6:00 p,m. EXHIBIT · A ,I Exchange of custody shall occur at'a location agreed to by the parties, ' In the event that either Jason or Ryan have a scheduled 'away' soccer game during Mother's weekend of physical custody of the children, Mother will allow Father to transport the children to the games for their participation; any time missed by the mother (for her visitation) shall be made up In another acceptable fashion, In the event that a scheduled 'home' soccer game occurs during Mother's weekend of physical custody of Jason and Ryan, Mother will be responsible for transporting the children to the soccer game for theIr participation, 4. The parties shall altemate the following holidays so that on their respective holiday, said parent shall have custody of all five children. These hOlidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day, The rotation shall commence with Mother having custody on New Year's Day, 1996. Periods of custody for either parent shall be from 9:00 a.m, to 8:00 p,m. 5. The parties shall share the Thanksgiving Day holiday, with the Plaintiff having custody of all children from 9:00 a,m, until 2:00 p,m. and Defendant having custody of all children from 2:00 p,m. until 1 0:00 p,m. 6. The Christmas holiday shall be shared between the parties and divided so that the holiday Is divided Into two segments, The parties shall alternate periods of custody at Christmas with one parent having the children on the first segment, which shail be Christmas Eve from 10:00 a.m. until Christmas Day at 10:00 a,m, The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a,m, until December 26th at 12:00 noon, Mother shall have the first segment of this holiday schedule In even number years and Father shall have the first period of the holiday schedule In odd number years. 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday. All children shall be 'vVlth Father on Father's Day and Mother on Mother's Day, 8, Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends. The parties shall provide the other with thirty (30) days advance notice of the requested period, 9, Each parent shall bs afforded reasonable telephone contact with the children in the other parent's custody. 10. The parties shall endeavor to allow the other parent one evening per week as a period of custody between that parent and all five children. This additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities, 11, Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12, Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse (b) 18 Pa. C.S.A. 3123 (1) (2) and (5) - Involuntary Deviate Sexual Intercourse 2 (Felony 1) (c) 18 Pa. C.B.A. 4302 - Incest - (Felony 1) (d) 18 Pa. C.B.A. 6301(a) Corruption of Minors- (Misdemeanor 1) 6. On May 1, 1996, Honorable Robert Manlove bound the charges to the Courts of Common Pleas of Cumberland County. 7. On April 27, 1996, Petitioner filed an emergency petition for custody seeking a temporary suspension of the Order of Court dated October 31, 1995. 8. Following an emergency hearing on May 3, 1996, the Honorable J. Wesley Oler, Jr. entered an Order amending the prior Order as it relates to the youngest child, Lindsay, directing supervised visitation at a Y.W.C.A. facility. A copy of the Order is attached hereto as Exhibit "B". 9. The best interests and welfare of all children requires tem- porary suspension of the present Order of Court due to the seriousness of the charges pending further review and rece1pt of additional infor- mation concerning sald charges and a determination as to the affect of said charges on the welfare of the children. 10. Judge Oler's Order of Court directed a custody conciliation conference. 11. The criminal charges have resulted in substantial publicity, public awareness and concern which has affected the children. 12. The best interests and permanent welfare of the children, 2 PATRICIA A. BROCKMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 94-7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION - CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 31, 1995, after hearing, the following Order is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman. 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children. Major decisions affecting the best Interests of any of the minor children, Including but not limited to, medical, religious, and educational decisions, shall be made jointly by the parties. Each party agrees to provide the other with timely notice of critical dates and events relative to the children's educational, medical and social needs and scheduling. 2. Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with their father, Christopher L. Brockman. Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shall be with their mother, Patricia A. Brockman. 3. The parties shall altemate custody of all five children jointly every other weekend commencing on Friday at 6:00 p.m. through Sunday at 6:00 p.m. EXHIBIT · P. " Exchange of custody shall Occur at a location agreed to by the parties. In the event that either Jason or Ryan have a scheduled "away" Soccer game during Mother's weekend of physical custody of the children, Mother wl/l allow Father to transport the children to the games for their partIcipation; any time missed by the mother (for her visitation) shall be made up In another acceptable fashion. In the event that a scheduled "home" soccer game occurs during Mother's weekend of phYSical custody of Jason and Ryan, Mother wl/l be responsible for transporting the children to the soccer game for theIr participation. 4. The parties shall alternate the following holidays so that on their respective holiday, said parent shall have custody of all five children. These holidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day. The rotation shall commence with Mother having custody on New Year's Day, 1996. Periods of custody for either parent shall be from 9:00 a.m. to 8:00 p.m. 5. The parties shall share the Thanksgiving Day holiday, with the PlaIntiff having custody of all children from 9:00 a.m. until 2:00 p.m. and Defendant having custody of all children from 2:00 p.m. until 10:00 p.m. 6. The Christmas holiday shall be shared between the parties and divided so that the holiday Is divided Into two segments. The partIes shall alternate periOds of custody at Christmas with one parent having the children on the first segment, which shall be Christmas Eve from 10:00 a.m. until Christmas Day at 10:00 a.m. The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a.m. until December 26th at 12:00 noon. Mother shali have the first segment of this holiday schedule In even number years and Father shall have the first period of the holiday schedule in odd number years. 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday. All children shali be with Father on Father's Day and Mother on Mother's Day. 8. Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends. The parties shall provide the other with thirty (30) days advance notice of the requested period. 9. Each parent shali be afforded reasonable telephone contact with the children In the other parent's custody. 10. The parties shall endeavor to aliow the other parent one evening per week as a period of custody between that parent and ali five children. This additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities. 11. Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12. Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse r!i ~ ~ ~ - ~ - t I ~ ~ I~ I ~ ~ 113. ~~ ~ ~ u . "'., > mi I ,) } 11 .5 ~ ~ ~ '.. .~ ~ i I ~ iol ' . :a ~ <,!:j ;.rIt'l ~ ~ e~ 18 r- ei ,c ._ II . ~ ~ I ~ j J, I'~] ~ ~ ..:l E . :;. . ~ u ; . . . . . .. PATRICIA A. BROCKMAN, Plaintiff IN THE: COURT OF COOMON PLEAS OF CUMBERLAND CXJUNTY, pE:NNSYLVANIA vs. : CIVIL ACTION - CUSTODY / : CHRISTOPHE:R L. BROCKMAN, Defendant : NO. 94-7083 ~CJU>m OF cnJRT AND NOO, this day of consideration of the att hed Custody Conc and directed as follows: , 1996, upon rt, it is ordered 1. This Court's prior Orders dated october 3l, 1995 and May 3, 1996, are vacated. 2. The Mother, Patricia A. Brockman, and the Father, Christopher L. Brockman shall have shared legal custody of the parties' minor Children. Major decisions affecting the best interests of any of the minor Children, including but not limited to, medical, religious, and educational decisions, shall be made jointly by the parties. Bach party agrees to provide the other with timely notice of critical dates and events relative to tha Children's educational, medical, and social needs and scheduling. 3. Primary physical custody of the Children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with the Father, Christopher L. Brockman. primary physical custody of the Children, Brent Brockman and Lindsay Brockman, shall be with the Mother, patricia A. Brockman. 4. The parties shall alternate custody of Jason, Shawn, Ryan, and Brent every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The exchange of custody shall occur at a location agreed to by the parties. In the event that either Jason or Ryan have a scheduled "away" soccer game during the Mother's weekend of physical custody of the Children, the Mother will allow the Father to transport the Children to the game for their participation; any time missed by the Mother (for her period of partial custody) shall be made up in another acceptable fashion. In the event that a scheduled "home" soccer game occurs during the Mother's weekend of physical custody of Jason and Ryan, the Mother will be responsible for transporting the Children to the soccer game for their participation. The Mother shall be guaranteed two uninterrupted full weekend days (not necessarily consecutive) each month for custody with Jason, Ryan, and Shawn. For purposes of this provision, an "uninterrupted full weekend day" is defined to mean a day during which the Children have no scheduled sports activities or employment. If the uninterrupted full weekend days do not occur as part of the Mother's regularly scheduled weekend periods of custody, additional weekend days shall be scheduled during the month for partial custody with the Mother. 5. The Father shall have supervised visitation with Lindsay at a Y.W.C.A. facility or other facility approved by the Court for a period of one hour per week. The parties shall take all necessary steps to ensure that visitation under this paragraph begina as soon as possible. The other Children may be present during the Father's periods of visitation with Lindsay. The Father shall be responsible for costs related to the supervised visitation. 6. The parties shall alternate the following holidays so that on their respective holidays, they have custody of all the Children. These holidays shall be: New Year's Day, Easter, Memorial Day, July Fourth, and Labor Day. The rotation shall commence with the Mother having custody on New Year's Day 1996. Holiday custody for either parent shall be from 9:00 a.m. to 8:00 p.m. 7. The parties shall share the Thanksgiving holiday, with the Mother having custody of the Children from 9:00 a.m. until 2:00 p.m., and the Father having custody of the Children from 2:00 p.m. until lO:oo p.m. 8. The Christmas holiday shall be shared between the parties so that the holiday is divided into two segments. The parties shall alternate periods of custody at Christmas with one parent having the Children during the first segment, which shall be from Christmas Eve at 10:00 a.m. until Christmas Day at lO:OO a.m. The other parent shall have custody of the Children during the second segment of custody which shall be from Christmas Day at lO:OO a.m. until December 26th at 12:00 noon. The Mother shall have the first segment of this holiday schedule in even numbered years and the Father shall have the first segment in odd numbered years. 9. The non-custodial parent shall have each Child for a two-hour period of custody on that Child's birthday. The Children shall be with the Father on Father's Day, and the Mother on Mother's Day. 10. Each party shall have the Children for up to two weeks of uninterrupted custody each year, which period may include a maximum of two weekends. Each party shall provide the other with thirty (~O) days advance notice of the requested period. 11. Each party shall endeavor to allow the other parent one evening per week as a period of custody between that parent and the Children. This additional day of custody shall be determined by the needs of the Children in their scheduling of school, studies, soccer, and other extracurricular activities. 12. Pending further Order of Court or agreement of the parties, the foregoing paragraphs relating to partial custody with the Father over holidays, birthdays, evenings, and extended two-week periods shall not apply to Lindsay. The Father's periods of custody with Lindsay shall be limited to those provided in Paragraph 5 of this Order. l3. The non-custodial parent shall be afforded reasonable telephone contact with the Children. 14. Jason, Ryan, and Shawn shall be made available for counseling sessions scheduled by the Mother with a prOfessional counselor. The Mother shall provide the name and address of the counselor to the Father within two weeks of the date of the Custody Conciliation Conference. The Mother shall provide the Father with as much advance notice as possible of all scheduled counseling sessions. The purpose of the counseling is to address problems which have arisen in the relationships between the Mother and the three oldest Children. The Mother shall be responsible for the costs of this counseling. 15. The Father shall provide to the Mother a written schedule of Jason's and Ryan's soccer games, tournaments, and activities. The Father shall also provide to the Mother a copy of Jason's bank account statement or passbook indicating monthly activity on Jason's bank account. This information shall be provided to the Mother on a monthly basis. 16. The Mother shall provide a written schedule of Brent's sports activities to the Father. 17. Neither parent shall do or say anything to estrange the Children frcxn the other parent, to injure the opinion of the Children as to the other parent, or to hamper the free and natural development of the Children's love and respect for the other parent. 18. The parties shall refrain frcxn leaving disparaging or hostile telephone messages for the other party. The parties shall make arrangements for exchanges of custody directly with each other rather than through the Children. 19. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE COURT, cc: Andrew C. Sheely, Esq. ~ Barbara Sumple-Sullivan, Esq./ t~ ,\\~ J.t/ 'II; ,-~, . .., f C) n '. .,.... J~._ J (I]L" , . I'''';: ; .t"TI ~ ; ,- ~r:' I. I ''iJ \.<) r.:' i 2'.'~ :"~IQ .~, :d )~ . r J ..n jll1 ~ ~ I :..) - -; ';;) :l} -.... ....... .....,,. .. . LAW O~~ICII THII II 10 TIIUI COlllllc:T CO~ BARBARA SUMPLE.SULLIVAN . or THI OI\IOINIoL ... 1.'001 ITIIJlT 2 ' 19-10.11; -. . NEW CUMaERl..ANO:I'ENN8"1LVANIA 17070.11131 DEe G 1Q E1I' t, . PHONI' (717)77...1..... PAX 1717J714.701l0 , . * : IN THE COURT OF COMJoJON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA f' ":~ric\G, A, &q\::~~intiff V . . :CIVIL ACTION - LAfV' . ;No.Ql{-7lBs CIVIL 19 :CUSTODY/VISX.TATION * Chriylq.J.cr L. gflXlive"tendant " ORDER OF COURT AND NOW, this ,~a't~('t?, 1<1<;7, upon consideration of the attached complaint, it is hereby directe that the parties andn their respective counsel appear before . ,. .. of 1/""",5, S.....k~ the conciliator, at, '. . -(rA . i ~ to,M~l.... ~"""'~.....~~. on tIle ~r" day of /-c--hfl-l",r ~I , 9 ql ' at ~!OO . M. M. , or a Prehearing Custody Cdnference. At such con erence, 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference 'may provide grounds for entry of a temp,?rary or permanent order. FOR , By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAf'/YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 J ',i lr ~) ..... '". ,- I-'"' wP .. -, - "'~') ~.. ,~ ~~) ..-.. . Z 1.1.. ..I,;J: ::i" ("') r.~ :::i 8.: .'Iii I ,.. . 0:" ! -. .:'~ j::' _. . w, t;ttU 11- -J ~t~u.. .-'" 0 ,... :.j Q"'\ U .1 q ~ J g- -";.. J 1 ~ - J ~~ . ~ r::a -f ~ -r Q:. 7'<2: 5- J ,:l ~ -- - JJ1 -.J '- u N rl E ~ ..:;, ~ fL- d~J ..!:J Qj. -P -.i I &: I 'jl - "~' . .. . .to .' , '. ',' v. IN THE CUURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-7083 CIVIL TERM PATRICIA A. BROCKMAN, Plaintiff CHRISTOPHER L. BROCKMAN, Defendant CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Christopher Brockman, an individual residing at 4800-B Charles Road, Mechanicsburg, PA, 17055. 2. Respondent is Patricia Brockman, an individuaL residing at 228 Woods Drive, Mechanicsburg, PA, 17055. 3. Pursuant to Order dated October 31, 1995, of the Honorable George E. Hoffer, Petitioner was granted primary custody of his sons, Jason, Shawn, and Ryan. Respondent was also granted partial custody of his other children, Lindsay and Brent. A copy of Judge Hoffer's Order is attached hereto and incorporated herein by reference as Exhibit "A." 4. On or about April 25, 1996, Petitioner was accused of certain criminal acts which lead to Respondent filing a Petition for Emergency Relief to Suspend custody Rights in the Petitioner. 5. After hearing, the Honorable Wesley J. Oler entered an order dated May 3, 1996, which required the Petitioner only to have supervised visitation with his daughter, Lindsay. A copy of Judge Oler's Order is attached hereto as Exhibit "B." 6. A subsequent Order was entered at a conciliation. This Order is attached hereto as Exhibit "C." ,\ PATRICIA A. BROCKMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, 94-7803 CIVIL TERM CHRISTOPHER L. BROCKMAN, CIVIL ACTION. CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 31, 1995, after hearing, the following Order Is entered with regard to custody of the parties' children, Jason Brockman, Shawn Brockman, Ryan Brockman, Brent Brockman, and Lindsay Brockman. 1. The Plaintiff and Defendant shall have shared legal custody of the parties' minor children. Major decisions affecting the best interests of any of the minor " children, includIng but not limited to, medical, religious, Me educational decisions, shall be made jointly by the parties. Each ,party agrees to provide the other with , . , timely notice of critical dates and events reiatiite to the children's educational, medical and social needs and scheduling. 2. Primary physical custody of the children, Jason Brockman, Shawn Brockman, and Ryan Brockman, shall be with their father, Christopher L. Brockman. Primary physical custody of the children, Brent Brockman and Lindsay Brockman, shall be with their mother, Patricia A. Brockman. 3. The parties shall altemate custody of all five children jointly every other weekend commencing on Friday at 6:00 p.m. through Sunday at 6:00 p.m. " Exchange of custody shall occur at a location agreed to by the parties. In the event that either Jason or Ryan have a scheduled "away" soccer game during Mother's weekend of physical custody of the children, Mother will allow Father to transport the children to the games for their participation; any time missed by the mother (for her Visitation) shall be made up in another acceptable fashion. In the event that a scheduled "home" soccer game occurs during Mother's weekend of physical custody of Jason and Ryan, Mother will be responsible for transporting the children to the Soccer game for their participation. 4. The parties shall alternate the following holidays so that on their respective holiday, said parent shall have custody of all five children. These holidays shall be New Year's Day, Easter, Memorial Day, July 4th and Labor Day. The rotation shall commence with Mother having custody on New Year's Day, 1996. Periods of custody for either parent shall be frqm 9:00 a.m. to 8:00 p,m. 5. The parties shall share the ThanksgiVing Day holiday, with the Plaintiff having custody of all children from 9:00 a:m. until 2:00 p.m. and Defendant having custody of all children from 2:00 p.m. until 10:00 p.m. 6. The Christmas hOliday shall be shared between the parties and divided so that the hOliday Is divided Into two segments. The parties shall alternate periods of custody at Christmas with one parent having the children on the first segment, which shall be Christmas Eve from 10:00 a.m. until Christmas Day at 10:00 a.m. The other parent shall have the second segment of custody by being with all children on Christmas Day at 10:00 a.m. Until December 26th at 12:00 noon. Mother shall have the first segment of this holiday schedule In even number years and Father shall have the first period of the holiday schedule In odd number years. 7. The noncustodial parent shall have each child for a two hour period of custody on each child's birthday, All children shall be with Father on Father's Day and Mother on Mother's Day. 8. Each party shall have the children for two weeks of uninterrupted custody of all children each year, which period shall be a maximum of two weekends. The parties shall provide the other with thirty (30) days advance notice of the requested period, 9. Each parent shall be afforded reasonable telephone contact with the children In the other parent's custody. 10, The parties shall endeavor to allow the other. parent one evening per week as a period of custody between that parent and all five children. This I additional day of custody shall be determined by the needs of the children In their scheduling of school, studies, soccer, and other extracurricular activities. 11. Neither parent shall do anything to estrange the children from the other parent, or to Injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 12. Any restriction placed on Defendant's ability to contact the school or day care facilities of any child pursuant to paragraph 4 of the Protection from Abuse PATRICIA A. BROCKMAN, plaintiff : IN THE COURT OF ca-IMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - CUSTODY vs. CHRISTOPHER L. BROCKMAN, Defendant : NO. 94-7063 OODER OF CXXJRT AND NCM, this {fI" day of /1.. }, consideration of the attached custody concW'ri"t;fon and directed as follows: , 1996, upon Report, it is ordered 1. This court's prior Orders dated October 31, 1995 and May 3, 1996, are vacated. 2. The Mother, patricia A. Brockman, and the Father, Christopher L. Brockman shall have shared legal custody of the parties' minor Children. Major decisions affecting the best interests of any of the minor Children, including but not limited to, medical, religious, and educational decisions, shall be made jointly by the parties. Each party agrees to provide the other with timely notice of critical dates and events relative to the Children's educational, medical, and social needs and scheduling. 3. primary physical custody of the Children, Jason Brockman, Shawn Brockmall, and Ryan Brockman, shall be with the Father, Christopher L. Brockman. primary physical custody of the Children, Brent Brockman and Lindsay Brockman, shall be with the Mother, patricia A. Brockman. 4. The parties shall alternate custody of JaSon, Shawn, Ryan, and Brent every other weekend from Friday at 6:00 p.m. through sunday at 6:00 p.m. The exchange of custody shall occur at a location agreed to by the parties. ' : In the event that either Jason .or Ryan have a scheduled "away" soccer game during the Mother's weekend. of physical custody of the Children, the Mother will allow the Father to transport the Children to the game for their participation; any time missed by the Mother (for her period of partial custody) shall be made up in another acceptable fashion. In the event that a scheduled "home" soccer game occurs during the Mother's weekend of physical custody of Jason and Ryan, the Mother will be responsible for transporting the Children to the soccer game for their participation. The Mother shall be guaranteed two uninterrupted full weekend days (not necessarily consecutive) each month for custody with Jason, Ryan, and Shawn. For purposes of this provision, an "uninterrupted full weekend day" is defined to mean a day during which the Children have no scheduled sports activities or employment. If the uninterrupted full weekend days do not occur as part of the Mother's regularly scheduled weekend periods of custody, additional weekend days shall be scheduled during the month for partial custody with the Mother. 5. The Father shall have supervised visitation with Lindsay at a y.W.C.A. facility or other facility approved by the Court for a period of one hour per week. The parties shall take all necessary steps to ensure that visitation under this paragraph begins as soon as possible. The other Children may be present during the Father'S periods of visitation with Lindsay. The Father shall be responsible for costs related to the supervised visitation. 6. The parties shall alternate the following holidays so that on their respective holidays, they have custody of all the Children. These holidays shall be: New Year's Day, Easter, Memorial DaY, July Fourth, and Labor Day. The rotation shall commence with the Mother having custody on New Year's Day 1996. Holiday custody for either parent shall be from 9:00 a.m. to 8:00 p.m. 7. The parties shall share the Thanksgiving holiday, with the Mother having custody of the Children from 9:00 a.m. until 2:00 p.m., and the Father having custody of the Children from 2:00 p.m. until 10:00 p.m. B. The Christmas holiday shall be shared between the parties so that the holiday is divided into two segments. The parties shall alternate periods of custody at Christmas with one parent having the Children during the first segment, which shall be from Christmas Eve at lO:oo a.m. until Christmas Day at lO:OO a.m. The other parent shall have custody of the Children during the second segment of custody which shall be from Christmas DayaL 10:00 a.m. until December 26th at 12:00 noon. The Mother shall have the first Segment of this holiday schedule in even numbered years and the Father shall have the first Segment in odd numbered years. 9. The non-custodial parent shall have each Child for a two-hour period of custody on that Child's birthday. The Children shall be with the Father on Father'S Day, and the Mother on Mother'S Day. lO. Each party shall have the Children for up to two weeks of uninterrupted custody each year, which period may include a maximum of two weekends. Each party shall provide the other with thirty (30) days advance notice of the requested period. . ' ll. Each party shall endeavor to allow the other parent one evening per week as a period of custody between that parent and the Children. This additional day of custody shall be determined by the needs of the Children in their scheduling of school, studies, soccer, and other extracurricular activities. 12. Pending further Order of Court or agreement of the parties, the foregoing paragraphs relating to partial custody with the Father over holidays, birthdays, evenings, and extended two-week periods shall not apply to Lindsay. The Father's periods of custody with Lindsay shall be limited to those provided in paragraph 5 of this order. 13. The non-custodial parent shall be afforded reasonable telephone contact with the Children. 14. Jason, Ryan, and Shawn shall be made available for counseling sessions scheduled by the Mother with a professional counselor. The Mother " shall provide the name and address of the counselor to the Father within two weeks of the date of the CustodY conciliation Conference. The Mother shall provide the Father with ss much advance notice as possible of all scheduled counseling sessions. The purpose of the counseling is to address problems which have arisen in the relationshiPS between the Mother and the three oldest Children. The Mother shall be responsible for the costs of this counseling. lS. The Father shall provide to the Mother a written schedule of Jason's and Ryan'S soccer gameS' tournaments, and activities. The Father shall also provide to the Mother a copy of Jason's bank account statement or passboOk indicating monthly activity on Jason's bank account. This information shall be provided to the Mother on a monthly basis. 16. The Mother shall provide a writ,ten schedule of Brent'S sports activities to the Father. 17. Neither parent shall do or say anything to estrange the Children from the other parent, to injure the opinion of the Children as to the other parent, or to hamper the free and natural development of the Children'S love and respect for the other parent. lB. The parties shall refrain from leaving disparaging or hostile telephone messages for the other party. The parties shall make arrangements for exchanges of custodY directly with each other rather than through the Children. 19. This order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terma of this order shall control. " BY THE COURT, /6/ 0-"7d- f' ~I J. cc: Andrew C. Sheely, Esq, Barbara sumple-Sullivan, Esq. .,..."... ,.. In 1 "I "1PY FROM Rt:cnll~ and 'lh~l. J ' "of, I here unto set' my. hand _ , ,,' .,,,,,, a' Carl' I P Th' 1.'If< IS e, a, IS.. .,~ ,,,,..,,,,,..,, d...y 0, ~ . _~ 19",~, ......"..,,~.f1;~,..,~,' ~""i?t4. Prothonotary r 6~ <'I r': .1. (t') .' IQ N ; ..~ C .);~ ~ u.. 1::1 "- (' ,.., . '(I'l n~ I...... U N :}i~ - 1-1' L, 0;,. L.r.J ~: 0 ,..; IJ. Or) :5 0 C' 0 '. [')r!i ~~~ ..... -1 ..... ~~~~ '... ~ ... C H _. Il'\ .... ~~ ~~ E ::I..s ... 8 ~~51 !~ 1 ~ .;i. ~ t: - ~I ,it ;~ ~ ~ ~ [')~P)~ . ~! ' " ~ ' OJ l:Q , , ~ :> ;..t iJi!, ~ . !l '5 ..g ..., " ~ c ~ '- ~r~ . m ~ '. Q ~ ~ .0: ~p~~- ~U .0: tl ~ 8 ... ~ . j::l ~ ~ ~ ~ , . C') -- .... t;: ir. C'J "'- :.; . 5 .IJ'~ 1- ~Q l'"':. ',<. :1:': . :-.-: ~'- 0.- , ."\ :~.I i1: -- "':.'1 L' (Tl :!4 r-: 1-, ~.' Hij n.:'-.I/ CO u.: .:..~ u.. 1"": L>- ..'" \5 ~ .J U PATRICIA A. BROCKMAN, Plaintiff IN THE COURT OF COOtoICtl PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-7083 CIVIL TERM CHRISTOPHER L. BROCKMAN, Defendant CIVIL ACTION - LAW CUSTODY PRlOO JUDGB: George E. Hoffer CUSTOOY CXNCILIATIClI SltIMARY REPWT IN ACCX>>UlANCE WITlI CDlBERLAND CXXNl.Y RULE OF CIVIL PRJI"K1.JRE 19l5.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Children who are the subjects of this litigation is as follows: IWlE Dl\TE OF BIRTII CURRIlNl'Ly IN C1lS'l'CVY OF Jason A. Brockman Shawn M. Brockman Ryan J. Brockman Brent C. Brockman Lindsay E. Brockman February 14, 1982 July 12, 1983 April 10, 1985 March 5, 1988 November 16, 1989 Defendant/Father Defendant/Father Defendant/Father Plaintiff/Mother Plaintiff/Mother 2. A third Conciliation Conference was held on February 4, 1997, with the following individuals in attendance: The Mother, Patricia A. Brockman, with her counsel, John J. Connelly, Jr. Esquire, and the Father, Christopher L. Brockman, with his counsel, Barbara Sumple-Sullivan, Esquire. 3. This Court previously entered an Order in this matter, after Hearing, on October 3l, 1995. Under the Order, the parties had shared legal custody of the Children with the Father having primary physical custody of Jason, Shawn, and Ryan, and the Mother having primary physical custody of Brent and Lindsay. The Mother subsequently filed a Petition for Modification of that Order based upon her concerns related to certain criminal charges filed against the Father in April 1996. The Mother filed an Emergency Petition and Judge Oler issued a temporary Order on May 3, 1996 limiting the Father's periods of custody with Lindsay to one hour of supervised visitation at the Y.W.C.A. each week. The charges against the Father involved sexual activity with a teenage girl temporarily in the Father's household. The Father denies all wrongdoing and, since the criminal charges have now been dropped, filed this p~tition to restore full partial custody rights with respect to Lindsay. The parties were unable to reach an agreement at the Conference and therefore a Hearing will bE! necessary on this one issue. 4. The Father's position on custody is as follows: The Father continues to deny that he is guilty of any wrongdoing in connection with the criminial charges previously filed against him. The Father believes