HomeMy WebLinkAbout98-02442
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CHERIE J. DREIBELBIS,
1)laintitl'
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CIVIL ACTION. LA W
:CLJSTODY
;NO. ') r .:2'/'(.2 (~I'J h.--
DANIEL L. DREIBELBIS
Defendant
COMPLAINT FOR CUSTODY
AND NOW Climes the Plaintiff, Cherie J. Dreibelbis, who, by and through her
attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley &
Madden, of Counsel, files this Complaint for Custody, and In support thereof avers as
follows:
I. The Plaintiff is Cherie J. Dreibelbis, who is an adult individual residing at
1910 Lula Lane, Bnola, Cumberland County, Pennsylvania 17025.
2. The Defendant is Daniel L. Dreibelbis, who is an adult individual residing
at 1873 Market Street Extended, Highspire, Dauphin County, Pennsylvania 17034.
3. TIle Plaintiff and the Defendant are husband and wife.
4. Plaintiff and Defendant are the parents of one minor child, Brenon
William Dreibelbis, who was bom on August 12, 1995, and is currently two years old.
Brenon was not bom out of wedlock. Plaintiff is Brenon's mother; Defendant is his
father.
5. Brenon Dreibelbis currently resides with Plaintiff and his matemal
grandparents, William L. and Carol A. Kimmel, at 1910 Lula Lane, Enola, Cumberland
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County, Pennsylvania. He has lived at that address since MlIrch 12, 1998. Prior to thllt
time he lived with Plaintiff lInd Defendllnt at 117 West Orecn Street, Meclmnicsbul'g,
Cumberhmd County, Pennsylvllnia for about seven months. Befol'o the plll'tios moved to
tho Green Street lIddress, they all lived with tho mllternal g1'llndparents at 1910 Lula LlIne,
Enola, Cumberlllnd County, Pennsylvania since the pllrties mllrried on FcbrulIry 4, 1995.
6. Plaintiff seeks primary physical custody, and shared legal custody, of
Brenon William Ol'eibelvis.
7. Plaintiff has not partidpated liS a party, witness or in another capacity in
other litigation concerning the custody of Brenon Dreibelbis in this or any other court.
8. Plaintiff has no knowledge of any other custody proceeding concerning
Brenon Dreibelbis pending in a court of this Commonwelllth.
9. Plaintiff does not know of any person not 1I party to these proceedings who
has physical custody of, 01' who claims to have custody or visitation rights with respect to,
Brenon Dreibelbis.
10. A warding to Plaintiff primary physical custody and shared legal custody of
Brenon Dreibelbis will serve his best interest and permanent welfare for the following
reasons:
A. Plaintiff has a close and loving bond with Brenon
Dreibelbis, lInd has been his primllry caretaker since his birth.
B. Because Plaintiff is gainfully employed as a personal care
assistant, Plaintiff has the financial ability to ensure that all of Brenon's
needs are met. Plaintiff also has the financial ability to ensure that Brenon
.
OOMMONWEAI,1'H OF I'llNNA:
COUNTY OF DAlJPllIN:
SHERIfo'F'S RE'I'URN
NO, 09??-T-1998
PAOlI
other county No. 9B-?44?
AND NOW: May 1,
III 98 ,lit 8 1?4
AM.
SgRVIID '('1m
UPON
W IT HI N _____._.,,_,_CoI11J21.1!!:n~ _ f.C), r_.c:!!;l~(),l1..t"._
",~-,-"""-'-----" --...._~....~._....,--' -,., -.-
Daniel Dreibelbis
13\' PERSONAI,I,y
HANDING TO Him
A TRUll ATTESTED COpy OF THE OHlOlNAI, Complaint for custody
AND MAKING KNOWN TO
him
Tim CONTENTS THEREOF AT
1873 Market st. Extended
Highspire, PA. 17034
SO ~RS
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- __,____... __T_ ...."....._-..."_.._._.,---~---._-
SHERIFF OF DAUPHIN COUNTY, PENNA
BY
".._-~..-..- .__....._-_._---~,. ..-~-_._......~. .--., "..--..
DEPUTY SIIERIFF
Sworn and subscribed to
before me this day of 19
PROTHONOTARY
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CHERIE J, DREIBELBIS,
. Petitioner/Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
I
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: NO, 98-2442 CIVIL TERM
DANIEL L. DREIBELBIS,
RespondenVDefendanl
: CIVIL ACTION - LAW
: CUSTODY
ORDER,QE COURT
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AND NOW, Ihls.J.L.. day of r~:~')()0~',)L. 1999, In consideration of the
attached petition, II Is hereby directed thai the parties and their respective counsel
appear beforeY\\~~C~~ ~~__a custody conciliator, at
~. ~\ \K"'" \. ~_ . on the l day of
():~')o~(' , 1999, at 1 \ I CD~. 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 COllrt and
to enter Into a temporary order. Failure to appear at this conference may provide
grounds for entry of a temporary or permanent order.
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By the Court:
~~"~JJi1 _
Custody Conciliator ~(~ oj
YOU SHOULD TAKE THIS PAPER TO YOUR L.AWYER 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, PA 17013
717-249.3166
CHERIE J, DREIBELBIS,
Petitioner/Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98.2442 CIVIL TERM
: CIVIL ACTION. LAW
: CUSTODY
V.
DANIEL L. DREIBELBIS,
RespondenUDefendant
.eEIlJJON TO MODIFy..oRDER OF CUSTODY
AND NOW, comes the Plaintiff, Cherie J, Dreibelbis, by and through her
attorney, Charles Rector, Esquire, and files a Petition to Modify Order of Custody, and in
support thereof, avers the following:
1. Plaintiff 15 Cherie J, Dreibelbis, mother, who currently resides at 1910
Lula Lane, Enola, Pennsylvania, 17025.
2. DefEmdantls Daniel L. Dreibelbis, father, who currentiy resides at 21 W,
High Street, Middletown, Pennsylvania, 17057.
3. The parties hereto are the parents of the minor child Brenon William
Dreibelbis (DOB 6/12/95), who currentiy resides at 1910 Lula Lane, Enola,
Pennsylvania.
4. On June 23,1998, tho Court entered an Ordor of Custody, granting
primary physical custody to Petitioner and periods of temporary physical custody to
Respondent. A true and correct copy of this Order Is marked Exhibit "A," attached
hereto, and made part thereof,
6. The best Interests and permanent welfare of the minor child will be
served with a modification of Father's current periods of temporary physical custody
because:
a. Petllloner Is having great difficulty making plans to engage In acllvltles
with the minor child under the current Order;
b. The current Order, although specifying Father's days off from work, does
not specify Mother's days off from work which currenlly are alternating
Wednesdays and Fridays and which creates scheduling conflicts for
Mother In planning activities with the minor child;
c. Petllloner believes and therefore avers that Father Is requesting
temporary physical custody for his days off that he Is In fact working;
d. Father's work schedule at Pepsi and lime off are neither consistent nor
predictable; and
e. Petitioner believes and therefore avers that Respondent has an
expanded work territory covering the Lancaster County area rather than
his previous area of Enola, Cumberland County, Pennsylvania.
6. The best Interests and permanent welfare of the child, Brenon William
Dreibelbis, will be served by a modlficallon of the Court's Order to a standard alternating
weekend schedule of temporary physical custody with Father.
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. ClmRIE}, DREIBELBIS,
PlalntllT
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
NO, 98.2442 CIVIL TERM
DANIEL L, DREIBELBIS,
Defendant '.
CIVil, ACTION -.. LA W
IN CUSTODY
QlmEI~
AND NOW, this ---~fS_ day or_llQ.'!..L-k.. r ,1999, upon receipt of the
Conciliator's Report, It appm.ring thnt the pllrties have reached nn agreelllent liS to an interim
Order which was dictated in their pl'l1sencc nnd approved hy them, it is hereby ordered and
directed as follows:
I. The pnrties shall coopel'llte inlhe cOlllpletion of II custody evaluation to
he performed hy Deb Salelllor Inner Works. Thc parties shall evenly share the
cost of this evaluation. The evalualor is to provide the parties' eounsellll1d the
Conciliator with a copy or the reporl. The parties agree that they will cooperate in
getting this evaluation completed in a timely fnshion,
2. The parties shllll reeollvene for II custody conellllltion conferllncc
hefore Michllel L. Bangs, ES1luirc, 011 ThursdllY, Fchrunry 3, 2000, llt 9:00
a.m.
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CHERIE J, DREIBELBIS,
Pl!lintifT,
IN TIm COURT OF COMMON 1'1 ,EAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
v,
No. 98.2442 Civil Term
DANIEL L. DREIBELBIS,
Defendant.
IN CUSTODY
ORDER OF COURT
AND NOW, this 7.1 it- _ _ day of ';-.)01.1 s..i__, 2000 upon
consideration ofthc attached Custod~oneiliation Summary Report it is hereby directed und ordcred
us follows:
I. Mother, Cherie J. Driebelbis and Futher, Daniel L. Dreibelbis, shall have shured legul
custody of the minor child, Brenon William Dreibelbis, born Augusl12, 1995.
2. Mother shall have primary physical custody subject to Father's pcriods of pflrlial
physical custody which shall be arranged as follows:
a. Father shall have the child for vacation until August 12, 2000 at 3 :001'.111.
when Father shall return the child to Mother.
b. To commence August 14,2000 on alternating weeks following Mother's
custodial weekend, Father shall have custody from Monday at 8:00 a.m. until Tuesday at 9:00 1',111.
e. To commence on August 19, 2000, Father shall have custody 11'0111 Saturuuy
at 8:00 a.m. until Tuesdays at 9:00 p.m. on alternating weeks.
3. The following holidays shall be alternuted: Fourth of July. Labor Day, Christmus Eve,
New Year's Day, and Memorial Day. The custodial period for these holidays shall be from 8:00 U.I11.
until 9:00 p.tn,
4. The following holidays shall be shared on un A/B schedule: Easter, till' child's
birthday, Thanksgiving, and Christmas Day. Segment A shall be from 8:00 a.m. until 3:001'.111,;
Segment B shall be from 3:00 p.m. until 9:00 p.m.
.
No. 98.2442
S. Mother shull huvc the child on Mother's Day; Futher shull huve the child on Futher's
Day. If the holiduy docs not coincide with the purent's custodial wl'ekend, thc custodiultil11c Ill!'
thcsc holidays shull bc from 8:00 a.m. until 9:00 p,m.
6. Futhcr will provide tnmsportation as his schedule permits. On those occasions wlwn
Father's sehcdule will not permit, it shall be pennissible for his mothcr Wundu Snyder, or his wi Ie,
Kristy D. Dreibelbis to providc trunsportation incidcnt to his pcriods of l~ustody.
7. Ncithcr purty shall do or suy unything which muy estrange thc child froll1lhe other
parent, injurc the ol)inion of thc child us to thc othcr parcnt, or humpcr the f1'ec and natural
dcvelopmcnt ofthc child's love und rcspeet for the other purcnt. Euch parcnt shull cllsurc Ilmt third
purties also comply with this provision during his or her periods of custody.
8. The purties shull promptly complctc thc custody cvuluution which thcy have bcgulI
with Inner Works us described in the Ordcr of November 4, 1999,
9. This Order shall rcmain in effect for u minimum of sixty (60) duys, following which
the parties shall huvc the option of reconvening the Custody Conciliution, prior to scheduling a
hearing before the Court.
BY THE COURT, .
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Distribution: 1fj-tst
Brian S. Walk, Esquire, I 08-112 Walnut Street, Harrisburg, P A 17101
C"""~ RooI", """Ire 1104 F,m~,d A", "It, 203, C~F 2;:11JJ
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4690
CIVIL ACTION - LAW
CUSTODY
KATHY JOAN WHITLEY,
Plaintiff
BRIAN K, MILLER, JR.,
Defendant
CUSTODY CONCIL~TION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-6, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this
litigation Is as follows:
NAM.e
OAIfj)F BIRTH
CURRENT!.YlN CUSTODY OF
Monica Miller
August 10, 1997
Mother
2. A Custody Conciliation Conference was held on August 6, 2000, with the
foliowlng Individuals in attendance: The Mother, Kathy Joan Whitley, and her counsel, Judith
A. Calkin, Esquire. Father dio not appear. No counsel appeared for Father,
3. Procedural History: The Complaint In Custody was filed on July 11, 2000, The
Order scheduling this Conference was filed July 13, 2000. The Conference has not been
continued from Its original scheduling date of August 8, 2000. Counsel for the Plaintiff/ Mother
flied a Petition for Special Relief on July 11, 2000. An Order of July 11, 2000, ordered and
decreed Plaintiff/Mother to be awarded legal and physical custody of the Child pending a
Custody Hearing. This Order further directed that ail police departments were requested to
enforce this Order by taking all means necessary to locate Brian K. Miller, Jr., and the minor
Child, returning the Child to Plaintiff/Mother. Mother served Father with Custody Order
scheduling the Custody Conciliation Conference of August 8, 2000, and the Order granting
Special Relief to Mother dated July 11, 2000, via restricted delivery certified mail and re9ular
mall on July 28, 2000. The green card indicating that Father has in fact been served has not
yet been returned by the Postal Service. Counsel for Plaintiff has also attempted to contact
the Defendant through his mother in Maryland seeking to know his whereabouts so that he
could be notified of the hearing. However, Defendant's mother claims she did not know where
he was presentiy residing. Therefore, counsel for Plaintiff served Defendant at the last known
address for his mother in Maryland, Approximately one and one-half hours following the
contact Plaintiff's counsel had with Defendant's mother, Defendant contacted the Plaintiff by
telephone. He has indicated to Plaintiff that he is aware that he has certified mail waiting for
him.
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AUG J 82000)
\!\J
KATHY JOAN WHITLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00.4890
CIVIL ACTION - LAW
CUSTODY
VB.
BRIAN K, MILLER, JR.,
Defendant
ORDER OF QQU.RI
AND NOW, this ,___ day of ____, 2000, based on the Petition for
Special Relief and the Complaint in Custody, It Is hereby ordered and decreed as follows:
1. Plalntiff/Mother will continue to have legal and physical custody of Monica
Miller, born August 10, 1997.
2, Ail appropriate police departments are requested to enforce this Order,
3. This Order Is temporary in nature, In the event that Father wishes to modify this
Order, an additional Custody Conciliation Conference may be scheduled upon his proper
petition filed with the Cumberland County Court of Common Pleas.
4.
matter.
The Cumberland County Court of Common Pleas shall retain jurisdiction of this
BY THE COURT,
Kevin A. Hess, J.
z~ CnP.'i (0 ?r'
~u.lJ,fee 10 ~
p (P uo.r.Jr~c.'. L
i4et~. .~
KATHY JOAN WHITLEY,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4890
BRIAN K, MILLER, JR"
Defendant
CIVIL ACTION - LAW
CUSTODY
~.uSTODY-CONCILIAI1QN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RUL.E OF CIVIL PROCEDURE
1915.3.,8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE QE.fHlill:l
kURROOL Y IN C!J..STODY OF
Monica Miller
August 10, 1997
Mother
2. A Custody Conciliation Conference was held on August 8, 2000, with the
following Individuals in attendance: The Mother, Kathy Joan Whitley, and her counsel, Judith
A. Calkin, Esquire. Father did not appear. No counsel appeared for Father,
3. Procedural History: The Complaint in Custody was flied on July 11, 2000. The
Order SCheduling this Conference was flied July 13, 2000. The Conference has not been
continued from Its original schedUling date of August 8, 2000. Counsel for the Plaintiff/ Mother
flied a Petition for Special Relief on July '11, 2000. An Order of July 11, 2000, ordered and
decreed Plaintiff/Mother to be awarded legal and physical custody of the Child pending a
Custody Hearing. This Order further directed that all police departments were requested to
enforce this Order by taking all means necessary to locate Brian K, Miller, Jr., and the minor
Child, returning the Child to Plaintiff/Mother. Mother served Father with Custody Order
scheduling the Custody Conciliation Conference of August 8, 2000, and the Order granting
Special Relief to Mother dated ,Iuly 11, 2000, via restricted delivery certified mall and regular
mall on July 28, 2000. The green card indicating that Father has in fact been served has not
yet been returned by the Postal Service. Counsel for Plaintiff has also attempted to contact
the Defendant through his mother in Maryland seeking to know his whereabouts so that he
could be notified of the hearing. However, Defendant's mother claims she did not know where
he was presently residing. Therefore, counsel for Plaintiff served Defendant at the last known
address for his mother in Maryland. Approximately one and one-half hours fOllowing the
contact Plaintiffs counsel had with Defendant's mother, Defendant contacted the Plaintiff by
telephone. He has indicated to Plaintiff that he is aware that he has certified mail waiting for
him.
!lUG] B 200~
<::V'
KATHY JOAN WHITLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4890
CIVIL ACTION - LAW
CUSTODY
vs.
BRIAN K. MILLER. JR.,
Defendant
CUSTODY CONCILIATION SUMMARY REP..QRI
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the underSigned Custody Conciliator submits the following report:
1. The pertinent Information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTI:l
August 10, 1997
CURRENTLY IN CUSTODY OF
Monica Miller
Mother
2. A Custody Conciliation Conference was held on August 8, 2000, with the
fOlloWing Individuals In attendance: The Mother, Kathy Joan Whitiey, and her counsel, Judith
A Calkin, Esquire. Father did not appear. No counsel appeared for Father.
3. Procedural History: The Complaint in Custody was flied on July 11, 2000, The
Order schedUling this Conference was flied July 13, 2000. The Conference has not been
continued from Its original scheduling date of August 8, 2000. Counsel for the Plaintiffl Mother
filed a Petition for Special Relief on July 11, 2000. An Order of July 11, 2000, ordered and
decreed Plaintiff/Mother to be awarded legal and physical custody of the Child pending a
Custody Hearing. This Order further directed that all police departments were requested to
enforce this Order by taking all means necessary to locate Brian K. Miller, Jr., and the minor
Child, returning the Child to Plaintiff/Mother. Mother served Father with Custody Order
scheduling the Custody Conciliation ConferElnce of August 8, 2000, and the Order granting
Special Relief to Mother dated July 11, 2000, via restricted delivery certified mall and regular
mall on July 28, 2000. The green card Indicating that Father has in fact been served has not
yet been returned by the Postal Service. Counsel for Plaintiff has also attempted to contact
the Defendant through his mother in Maryland seeking to know his whereabouts so that he
could be notified of the hearing. However, Defendant's mother claims she did not know where
he was presentiy residing. Therefore, counsel for Plaintiff served Defendant at the last known
address for his mother in Maryland. Approximately one and one-half hours following the
contact Plalntifrs counsel had with Defendant's mother, Defendant contacted the Plaintiff by
telephone. He has indicated to Plaintiff that he is aware that he has certified mall waiting for
him.
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CHERIE J. DREIBEl.BlS
Pl.AlNT"'F
V,
DANIEL L. DRElBELIlIS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-2442 CIVIL ACTION LA W
IN CUSTODY
.oRDER 0I100l!lIT
AND NOW, this 26th duy of -~II!'!'1._ , 200 I, upon considcration of the nttuehed Compluint,
it is hereby directed thut the parties und their respeetivc counsel [lppe[lr het(lrc _Mellssal''-.Qrecvy, Es~, the eonciliut
ut 214 Sc.!'atc A.venuc, Sullc lOS, Camp Hl!h!~IJOIl_ on thc Sth day OrM8r~, 2001, at ):OO-l!.m,
for a Pre-Hcaring Custody Confercncc. At such contercncl', un effort will bc mndc to resolvc thc issucs in dispute; or
if this cunnot bc accomplished, to de tine and nurl'Ow Ihc issues to bc hCllrd by the courl, und to enter into [I tempornry
order. All children age tivcor older may also bc present [It the confcrencc. FlIilure to appellI' ut the eonferenec muy
provide grounds for cntry of u temporary or permanent ordcl'.
FOR THE COURT,
By: IsI
MclilliLP..s.rr~e'l!Ji. Esd
Custody ConcililltoTr
The Court of Common Picas ofCumbcrl[lnd County is required bylaw to comply with the Americans
with Disabilites Act of 1990. For information about nccessible fllcilitics und reasonable nceommodations
uvailable to disabled indivJduuls h[lving business bcforc the cOlllt, plcuse contact our oftiec. All al'l'llngcments
must be mude ut least 72 hours prior to nny heuring or busincss before the court. You must nttend the
scheduled conference or heuring.
YOU SHOULD TAKE THIS PAPER TO YOUR ATf'ORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumbcrland County Bar Association
2 Liberty Avenuc
Carlisle, Pcnnsylvania 17013
Telephonc (717) 249-3166
6, By Order dated August 21,2000, the Court confirmed the parties'
agreement regarding an Interim schedule of custody and further Ordered that "the
partlellhall promptly complete the cUltody evaluation which they have begun
with Innerworks as described In the Order of Novomber 4,1999" (See Exhibit "B"
attached),
7, Deborah L. Salem, MHS, CAC, of Innerworks conllrms that the Defendant
has not complied with the Court's directive to participate in the completion of the custody
evaluation and, 111 fact, did not appear, nor call to cancel, a session with Mrs. Salem
scheduled for December 2, 2000. The Respondent owes Innerworks $640.00 to date
(See Exhibit "c" attached),
8. Respondent continues to willfully fall and refuse to obey the Court's
previous Orders.
9. On Tuesday, January 16, 2001, Respondent refused to return the child to
Petitioner and violated the current custody Order.
10. Respondent has been and continues to be financially able to make full
payments to the evaluator with respect to said Orders,
11. Respondent's conduct In refusing to comply with the Order requiring his
cooperation and the prompt compldion of the evaluation constitutes bad faith and
obdurate and vexatious conduct for which attorneys fees lTlay be awarded pursuant to
42 Pa.C.S. ~ 2503.
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CHERIE J. DREIBELBIS,
Plnlntiff,
rN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 98-2442 Civil Term
DANIEL L, DREIBELBIS,
Defendant.
IN CUSTODY
ORDER OF COURT
AND NOW, this _~_--1/~~_ duy of
consideration of the attaehed Custody Conciliation Summary Report 't
as follows:
__, 2000 upon
hereby directed nnd ordered
1. Mother, Cherie J. Driebelbis and Father, Daniel L. Dreibelbis, shall havc shared legal
custody of the minor child, Brenon William Dreibelbis, born August 12, 1995.
2. Mother shall have primary physical custody subject to Futher's periods of purtiul
physical custody which shall bc arranged as follows:
a. Father shall have the child for vacation until August 12, 2000 ut 3 :00 1'.111.
when Father shull return the child to Mother.
b. To commence August 14, 2000 on alternating weeks following Mother's
custodial weekend, Father shall have custody from Monday at 8:00 a.m. until Tuesduy at 9:00 p.m,
c. To commence on August 19,2000, Futher shall huve custndy from Saturday
al 8:00 a.m. until Tuesdays at 9:00 p.m. on ahemuting wceks.
3. The following holidays shall be altemated: Fourth of July, Labor Duy, Christmas Eve,
New Year's Day, and Mcmorial Duy, The custodial period for these holidays shall be from 8:00 a.m.
until 9:00 p.m.
4. The following holidays shall be shared on un A/B schedulc: Euster, the child's
birthday, Thunksgiving, and Christmus Day. Segment A shall be from 8:00 a.m. until 3:00 p.I11.;
Segment B shull be from 3:00 p.m. until 9:00 1'.111.
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No. 98-2442
5, Mother shall have the child on Mother's Duy; Futher shall have the child on Puther's
Day, If the holiduy does not eoincide with thc parent's custodiul weekend, the custodiul timc for
these holidays shall be from 8:00 a.m, until 9:00 p.m.
6. Father will provide transportation as his schedule permits. On thosc occasions when
Father's sehedule will not permit, it shall be pcrmissiblc for his mother Wanda Snyder, or his wifll,
Kristy D. Drcibelbis to provide transportation incident to his pcriods of custody.
7, Neither party shall do or say anything which may estrange the child from the other
parent, injure the opinion of the child us to the other parent, or h[lmper the frec and natural
development of the child's love and respect for the other parent. Elich parent slmll ensure thut third
parties also comply with this provision during his or her periods of custody.
8. The partics shall promptly complete the custody evaluation which they h[lve begun
with Inner Works as described in the Order of November 4, 1999.
9, This Order shall remain in effect for a minimum of sixty (60) duys, following which
the parties shllll have the option of reconvening the Cu~tody Conciliation, prior to scheduling u
hearing before the Court.
(C)J'~J,
J.
Distribution:
Brian S, Walk, Esquire, 108-112 Walnut Street, Harrisburg, PA 17101
Charles Rector, Esquire 1104 Fernwood Ave. Suite 203, Camp Hill, P A 17011.6912
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liI1d th . s"ol of said Courl ~Car1isle, Pa,
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CHERIE J. DREIBELBIS,
Petitioner/Plaintiff
IN THE COURT OF coMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98-2442 CIVIL TERM
: CIVIL ACTION. LAW
: CUBTODY
V.
DANIEL L. DREIBELBIS,
Respondent/Defendant
UTlI1QrtFOR.QQHTf1MPI
AND NOW, comes the Petltlonllr, Cherlo J. Dreibelbis, by and through her
attorney, Charles Rector, Esquire, and flies the following potltlon for Contempt and In
support thereof avers the following:
1. Petitioner Is Plaintiff, Cherie .1. Dreibelbis, In the above.referenced malter.
2. Respondent Is Defendant, Daniel L. Dreibelbis, In the above-referenced
matter.
3. The parties are the parents of a minor child, Brenon William Dreibelbis
(DOB 8/12/95),
4. On November 4,1999, Your Honorable Court entered an Order which
required il1W.UJ1!!, that the parties cooperate In completing a custody evaluation In a
timely fashion with Deborah L, Salem, MHS, CAC of Innerworks (See Exhibit "A"
attached),
5. Thereafter, and as a result of Respondent's refusal to cooperate with the
custody evaluation process, a Conciliation was held on August 7, 2000, before Melissa
Peel Greevy, Esquire, at which time Respondent agreed to again cooperate with the
Custody Evaluation process.
4, .."
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CHERIE J, DREIBELBIS,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No, 98-2442 Civil Term
ORDER OFC01JRT
AND NOW, this _ 1./~t _ day of
consideration of the attaehed Custody Coneiliation Summary Report 't
as follows:
, 2000 upon
hereby direeted and ordered
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DANIEL L, DREIBELBIS,
Defendant.
IN CUSTODY
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1. Mother, Cherie J. Driebelbis and Father, Daniel L. Dreibelbis, shall hllve shared legal
custody of the minor child, Brenon William Dreibelbis, born August 12, 1995.
2. Mother shall have primary physical eustody subject to Father's petiods of partial
physical custody which shall he arranged as follows:
a. Father shall have the child for vacation until August 12,2000 at 3:00 p.m.
when Father shaH return the child to Mother.
b. To commence August 14, 2000 on alternating weeks following Mother's
custodial weekend, Father shall have eustody from Monday at 8:00 a.m. until Tuesday at 9:00 p.m.
c. To commence on August 19,2000, Father shall have custody from Saturday
at 8:00 a.m. until Tuesdays at 9:00 p.m. on alternating weeks.
3. The following holidays shall be alternated: Fourth of July, Labor Day, Christmas Eve,
New Year's Day, and Memorial Day. The custodial period for these holidays shall be from 8:00 a.m.
until 9:00 p.m.
4. The following holidays shall be shared on an A/B schedule: Euster, the child's
birthday, Thanksgiving, and Christmas Day. Segment A shall be from 8:00 a.m. until 3:00 p.m.;
Segment B shall bc from 3:00 p.m. until 9:00 p.m.
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No, 98.2442
S. Mother shall have the child on Mother's Day; Father shall have the child on Father's
Day, trthe holiday does not coincide with the parent's custodial weekend, the custodial timc for
these holidays shall be from 8:00 a.m. until 9:00 p,m.
6~ Father wUl provide transportation as his schedule pemlils. On those occa.~ions when
Father's schedule will not penn it. it shall be permissible for his mother Wanda Snyder, or his wife,
Kristy D. Dreibelbis to provide transportation incident to his periods of custody.
7, Neither party shall do or say anything which may estrange the child from the other
parent, Injure the opinion of the child as to the other parent, or hamper the free and nut ural
development of the child'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. The parties shall promptly complete the custody evaluation which they have begun
with Inner Works as described in the Order of November 4, 1999.
9, This Order shall remain in effect for a minimum of sixty (60) days, following which
the parties shall have the option of reconvening the Custody Conciliation, prior to scheduling a
hearing before the Court.
BY THE COURT,
'l"'Ol~J
Distribution:
Brian S. Walk, Esquire, 108.112 Walnut Street, Harrisburg, PA 17101
Charles Rector, Esquire 1104 Femwood Ave, Suite 203, Camp Hill, PA 17011-6912
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and Ih. sdal of said Court ~Carlisle, Pa.
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AUG! '~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2442
CIVIL ACTION - LAW
CUSTODY
CHERIE J, DREIBELBIS,
Plaintiff
vs.
DANIEL L. DREIBELBIS,
ORDER QE-C..QUBI
AND NOW, this 3~_ day of _11 ~ a ~ r" t , 2001, upon
consideration of the aUached Custody Conciliation ~ mmary Report, It Is hereby' ordered and
directed as follows:
1. Legal Custody. The parties, Cherie J. Dreibelbis and Daniel L. Dreibelbis, shall
have shared legal custody of the minor Child, Brenon William Dreibelbis, born August 12,
1995, Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being including, but
not limited to, all decisions regarding his health, education and religion, Pursuant to the terms
of Pa. C. S. S 5309, each parent shall be entitled to all records and Information pertaining to
the Child including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or Information, that parent sl1all be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Cu~. Mother shall have primary phYSical custody subject to Father's
rights of partial phYSical custody. Effective August 31,2001, Father shall have custody on
alternate weekends from Friday at 6:00 p.m, until Sunday at 8:30 p.m. and on Wednesdays
from after school until 6:30 p.m. Father's Wednesday custody during the summer or non-
school days shall be from 8:00 a.m. untl/6:30 p.m.
3. ~portatlon. Unless otherwise agreed, Father shall piCk up and return the Child
to Mother at Mother's home.
. 4. In the event that the Child has a sport or extracurricular activities such as soccer,
which occur during his period of custody, Father agrees to transport the Child to these
activities and allow him to continue to partiCipate In them during his custodial time.
5. tlolldays. The following holidays shall alternate beginning with Labor Day 2001:
Labor Day, Christmas Eve, New Year's Day, Memorial Day and Independence Day. The
custody for these periods of time shall be from 8:00 a,m. until 8:00 p,m. The following
holidays shall be shared by the parties at such times as they may agree: