HomeMy WebLinkAbout00-01672
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Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Defendant
: CIVIL ACTION LAW
; NO. \~ ld- CIVIL .).ooc)
: CUSTODY VISITATION
* JCl~ 1\["0\6
ORDER OF COURT
And now, this :<'\~~I()\), upon consideration ofthe attached complaint, it is hereby directed
that the above parties and their respective counsel appear before
Esquire, the conciliator, at ',' ,
Pennsylvania, on the \ \ day of tJo'-! , 2000, " A.M./cP.iVD
for a Pre-hearing Custody Conference. At sJch conference, an effort will be made to resol~
issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: ct')~\\W'-sA,.h,(,(\~~
Custody Conciliator . l, ~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
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MAR .t 1 200atjJ
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
DONNA BREHM,
Plaintiff
JOHN ARNOLD,
Defendant
NO. 00- /1,. 7~ CIVIL TERM
ORDER OF COURT
AND NOW, this
day of
,2000, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at
, Cumberland County
Courthouse,
on the
day of
, 2000, at
m., for a Pre-Hearing
Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
into a temporary order. Either party may bring the children who are the subject of this custody action
to the conference, but the children's attendance is not mandatory. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKETIDS PAPER TO YOUR LAWYER 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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DONNA BREHM,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
JOHN ARNOLD,
Defendant
: NO. 00-
CIVIL TERM
MOTION FOR CUSTODY CONCILIATION
The plaintiff, Donna Brehm, by and through her attorneys, the Family Law Clinic, moves the
court pursuant to Rwe 1915.3 - I (b) to schedwe a custody conciliation.
Respectfully submitted,
.~~
Stacy Barker
Certified Legal tern
[ THOMAS M. PL CE
rROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/243-2968
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MAR 2 1 200W
DONNA BREHM,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
JOHN ARNOLD,
Defendant
: NO. 00- If.. 7J..... CIVIL TERM
ORDER OF COURT
You are ordered to appe
, _.m., for
to obtain custody of the children:
You, John d, defendant, have been sued in
Randy Arnold and Jessic
, on
,at_
a conciliati or mediation co
a pretr' conference.
a ng before the court.
l\JoTICE To DEFEtVr)
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
BY THE COURT:
Date:
J.
.
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Donna Brehm,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: IN CUSTODY
John Arnold,
Defendant
: NO. 00- /f.1.:zcIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Donna Brehm, by her attorneys, the Family Law Clinic, sets forth the following
cause of action:
1. The plaintiff is Donna Brehm, residing at 1391 Grandview Ct, Carlisle, Cumberland
County, Pennsylvania.
2. The defendant is John Arnold, residing at 1075 West Penn Blvd, Uniontown, Fayette
County, Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Date of Birth
Randy Arnold
Jessica Arnold
1391 Grandview Ct
Carlisle, P A 17013
1391 Grandview Ct
Carlisle, PA 17013
5/11/90
1/29/96
The children were bom out of wedlock.
The children are presently in the custody of Donna Brehm.
During the past five years, the children have resided with the following persons and at the
following addresses:
Persons
Addresses
Dates
Donna Brehm
1391 Grandview Court
Carlisle, PA 17013
10/99 - present
Donna Brehm
Marlene Brehm
16 Peiper's Court
Carlisle, PA 17013
7/99 - 10/99
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Donna Brehm
15 Westminister Court
Carlisle, P A 17013
6/99 - 7/99
Donna Brehm
John Arnold
15 Westminister Court
Carlisle, P A 17013
2/95 - 6/99
4. The relationship of the plaintiff to the children is that of mother. She is single. She
currently resides with the following persons:
Name
Relationship
Randy Arnold
Son
Jessica Arnold
Daughter
5. The relationship of defendant to the child is that of father. He is single. He currently
resides with the following persons:
Name
Paul Lucas
Relationship
Friend
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
Plaintiff 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.
7. The best interest and permanent welfare ofthe children will be served by granting the
relief requested because:
a) Plaintiff has been the primary caretaker of the children since birth;
b) Plaintiff is willing to accept custody of the children;
c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the
children;
d) Plaintiff and defendant have an informal custody agreement whereby plaintiffhas primary
custody of the children and defendant exercises partial custody;
e) Plaintiff provides the children with a home with adequate moral, emotional and physical
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surroundings as required to meet the children's needs;
f) Defendant has not indicated to plaintiff an interest in exercising custody of the children.
8. Each parent whose parental rights to the children have not been terminated and the person
who has physical custody of the children have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant to her
primary custody of the children.
Date: 3/11/00
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Stacy B er
Certi ed Le a1 In rn
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R""HOMAS . PLA E
\\ll ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: .3 - I 7 ~ () D
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MAR 2 1 2000 t>b
DONNA BREHM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
JOHN ARNOLD,
Defendant
: NO. OO-J{..7~IVIL TERM
AFFIDA TIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
I. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain fimds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Donna Brehm
Address: 1391 Grandview Ct, Carlisle, PA 17013
Social Security No.: 195-54-0168
(b) Employment
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: 1994
Salary or wages per month: minimum wage
Type of work: Woolworth restaurant employee, McDonalds employee
(c) Other income within the past twelve months
Business or profession: $0
Other self-employment: $0
Interest: $0
Dividends: $0
Pension and annuities: $0
Social security benefits: $0
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Support payments: $228 per month (only receives $50 because assistance
agency collects the rest)
Disability payments: $0
Unemployment compensation and supplemental benefits: $0
Workman's compensation: $0
Public Assistance: $403
Other: $0
(d) Other contributions to household support
Contributions from children: $0
Contributions from parents: $0
Other contributions: $0
(e) Property owned
Cash: $0
Checking account: $0
Savings account: $0
Certificates of deposit: $0
Stocks, bonds: $0
Motor vehicle: Make, Year 1987 Mercury Linx & 1985 Plymouth Voyager
Cost, Amount Owed $0, $0
Other: $0
(1) Debts and obligations
Rent: $17
Loans: $0
Electricity: $50
Heat: $0 ( energy assistance)
Phone: $50
Food Stamps: $286
Food Not Covered by Food Stamps: $0
Medical Expenses: $0
Transportation Expenses: $100
Car Insurance $40
(g) Persons dependent upon you for support
Children, if any:
Name: Age:
Randy Arnold
Jessica Arnold
9
4
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to
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unsworn falsification to authorities.
DateJ~ 17~OO
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Donna Brehm
Petitioner
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MAR 2 1 2000tiJ
DONNA BREHM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOHN ARNOLD
Defendant
NO. 00- Il:. 7~ CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Donna Brehm, Plaintiff, to proceed in forma pauperis.
I, Stacy Barker, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am
providing free legal services to the party. The party's affidavit showing inability to pay the costs
oflitigation is attached hereto.
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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Donna Brehm,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
John Arnold,
Defendant
: NO. 00-1672
CIVIL TERM
VERIFICATION OF SERVICE
Understanding that the making of any false statement would subject me to the penalties of
18 Pa. C.S. 94904 (relating to unsworn falsification to authorities), the undersigned verifies that
Stacy Barker mailed a true copy of the Complaint for Custody, In Forma Pauperis Petition, and the
Affidavit Supporting the In Forma Pauperis Petition on the Defendant by placing the same in the
U.S. Mail, certified noZ333 7foS Sb>,"restricted delivery, return receipt requested, postage prepaid,
on the 24th day of March, 2000 addressed as follows:
John L. Arnold
1075 West Penn Blvd
Uniontown, PA 15401
Sender's receipt no. ?- 33jS7(;S505is attached hereto and incorporated by reference.
On the ~ day of A-p r-I I ,2000, green return receipt no233g7~~as delivered
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to the Family Law Clinic, bearing the signature 00 hn L- - A Ino I d and showing a date of
service of
2 !d-8Joo
. The return receipt is attached hereto and incorporated by reference.
St~ fJruIuv
Certified Legal Intem
F AMIL Y LAW CLINIC
45 N. Pitt St.
Carlisle, P A 17013
717-243-2968
Dated:
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II Complete items 1, 2, and 3. Also complete -..
item 4 if RestrIcted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Art'fcle Addressed to:
s del' ery address different from Item 11
If YES, enter delivery address below:
D Agent
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DONNA BREHM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . NO. 00-1672 CIVIL TERM
.
:
JOHN ARNOLD, . CIVIL ACTION - LAW
.
Defendant . CUSTODY
.
AND NCIIJ, this
consideration of the attached
and directed as follows:
ORDER OF COURT
"Z.~ r J
day of
Custody
conci~a~i1n
, 2000, upon
Report, it is ordered
1. The Mother, Donna Brehm, and the Father, John Arnold, shall have
shared legal custody of Randy Arnold, born May 11, 1990, and Jessica
Arnold, born January 29, 1996. Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education, and religion.
2. The parties shall have physical custody of the Children in
accordance with the following schedule:
A. The Father shall have custody of the Children On alternating
weekends, beginning May 19, 2000, from Friday at 6:00 p.m.
through Sunday at 6:00 p.m. Until such time as the Father
moves out of his parents' home and into his own residence, the
parties agree that the Children shall sleep at the Mother's
residence during the Father's periods of weekend custody.
B. The Father shall have custody of the Children every week On
Monday and Thursday from 5:00 p.m. until 8:00 p.m. and at any
other times arranged by agreement of the parties.
C. The Mother shall have custody of the Children at all times not
otherwise specified for the Father under this Order.
3. The parties shall share or alternate having custody of the
Children on holidays as follows:
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A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day. at 10:00 a.m., and Segment B, which
shall run from Christmas Day at 10:00 a.m. through December 26
at 12:00 nOOn. The Mother shall have custody of the Children
during Segment. A in even numbered years and during Segment B
in odd numbered years. The Father shall have custody of the
Children during Segment A in odd numbered years and during
segment B in even numbered years.
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B. ALTERNATING HOLIDAYS: The parties shall alternate having
custody of the Children from 9:00 a.m. until 8:00 p.m. On the
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following holidays: Easter, Memorial Day, July 4th, Labor Day
and Thanksgiving Day. The alternating holiday schedule shall
begin with the Mother having custody of the Children on
Memorial Day in 2000.
C. MarHER'S DAY/FATHER'S DAY: The Mother shall have custody of
the Children every year on Mother's Day from 9:00 a.m. until
8:00 p.m. and the Father shall have custody of the Children
every year on Father's Day from 9:00 a.m. until 8:00 p.m.
D. In the event the Father's period of holiday custody falls
irmnediately before or after his regular period of weekend
custody, the Father's period of holiday/regular custody shall
run continuously.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
4. After the Father moves out of his parents' home and obtains his
own cesidence, the Father shall be entitled to have custody of the Children
for one full week every summer during each of the months of June, July and
August. The Father shall provide the Mother with at least one week advance
notice of the week he has selected for extended custody under this
provision. The Father's periods of custody under this provision shall be
in addition to his alternating weekly and weekday periOds of custody under
the cegular schedule.
5. The parent who does not have custody shall be entitled to have
reasonable telephone contact with the Children.
6. Each party shall ensure that the other party has his or her
current address and telephone number at all times.
7. Neither party shall do or say anything which may estrange the
Children from the other parent, injure the opinion of the Children as to
the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent. Each parent shall ensure
that third parties also comply with this provision during his or her
periods of custody.
8. 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 consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
cc: Stacy Barker, Legal Intern and Do d Marritz,
J.
Joan Carey, Esquire - Counsel for Father
ire - Counsel for
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OONNA BREHM, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 00-1672 CIVIL TERM
:
JOHN ARNOLD, : CIVIL ACTION - LAW
Defendant : CUSTODY
CUSTODY OCl'lCILIATIOO SUMMARY REPCRL'
IN ACCDRDANCE WITH CUMBERLAND CXXlNTY RULE OF crvn. PROCEOORE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRm
ClJRR1!NrLY IN CUSTODY OF
Randy Arnold
Jessica Arnold
May 11, 1990
January 29, 1996
Mother
Mother
2. A Conciliation Conference was held on May 11, 2000, with the
following individuals in attendance: The Mother, Donna Brehm, with her
counsel, Stacy Barker, Legal Intern, and Donald Marritz, Esquire, and the
Father, John Arnold, with his counsel, Joan Carey, Esquire, who
participated by telephone.
3. The parties agreed to entry of an Order in the form as attached.
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Dawn S. sunday, Esquire
Custody Conciliator
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