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BRIAN M. DeARMENT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
No, '/1', ~ 'iL' \' C<;" ( 7-;,,-
KELLY DeARMENT,
Defendant
IN CUSTODY
COMl'LAI~OR-C.UST.OD.Y
AND NOW, comes Brian M, DeArment, by his attorneys, Caldwell
& Kearns, P.C., and respectfully represents as follows:
1, The Plaintiff, Brian M. DeArment, is an adult individual,
presently residing at 237 Herman Avenue, Lemoyne, Cumberland
County, Pennsylvania 17043,
2. The Defendant, Kelly DeArment, is an adult individual,
presently residing at 211 East Main Street, Shiremanstown,
Cumberland County, Pennsylvania 17011,
3. The following minor child is the subject of this
Complaint:
Name
Pr~~pnt: AddrPRR
Birth Dat..
Tyler James DeArment
211 East Main Street
3/22/97
The aforementioned minor child was born out of wedlock, and
the Plaintiff and Defendant thereafter married on November 8, 1997.
The aforementioned child is presently in the physical custody
of the Defendant who resides at 211 East Main Street,
Shiremanstown, Cumberland County, Pennsylvania, 17011,
4, From the date of his birth on March 22, 1997, the child
has resided with his natural moth"l' and natural fatchel' at 211 East
Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011,
until on or about August 28, 1998, and, thereafter the minor child
has resided for equal periods of time with his natural mother, the
Defendant, at 211 East Main Street, Shiremanstown, Pennsylvania,
17011, and with his natural father, the Plaintiff, temporarily at
94 Range End Drive, Dillsburg, York County, Pennsylvania, 17019,
and more recently, at the Plaintiff's current address at 237 Herman
Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
5, The relationship of the Plaintiff to the subject minor
child is that of natural father,
6, The relationship of the Defendant to the subject minor
child is that of natural mother.
7, The Plaintiff has not participated as a party or witness,
or in any other capacity, in other litigation concerning the
custody of the child in this or any other Court, Plaintiff has no
information of a custody proceeding concerning the child 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
child or claims to have custody or visitation rights with respect
to the child,
VERIFICATION
I, BRIAN M, DeARMENT, vet'ify that the averments milde in this
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false stat.ements herein
are made subject to the penalties of 18 Pa, C.S, 4904, relating to
unsworn falsification to authorities.
Date:
/~' . :;'1 - '10'
JiM M iJJlvv-
Brian M, DeArment
105369-1
Mrs. Kelly DeArment
211 East Main street
\ Shiremanstown, PA 17011
; Iii' iIi' j
1/", 'Ill !
iUl: d Iii
DOMESTIC RETURN REC
. u.8.G.P,O, 1888-212-885
UEl: ~:i 1~\l1l $
BRIAN M. OoARMOO,
Plaintiff
: IN TUE <XlURT 01' <XlMMCtl PLf'.AS OF
CUMBERLAND COONTY, PENNSYLVANIA
va.
NO. 98-6405
CIVIL 1992
KELLY OoARMOO,
DeCendant
CUS1'ODY
aIDER OF CXlURT
AND NOW, this 22nd day of December, 1998, the conciliator, being
advised by counsel that all custody issu"s have been resolved by agreement
of the parties, hereby relinquishes jurisdiction in this case. The CUstody
Conciliation scheduled for today, December 22, 1998 is canceled.
FOR THE COURT,
~
Dawn S. Sunday, :::!;:;r
custody Conciliator
BRIAN M, lJ('ARMENT,
Plaintiff
IN TilE COIII<T OF COMMON PLEAS
CUMBERLAND ('OIJNTY, PENNSYLVAN IA
CIVIL ,\CTI(lN L^~I
V:I.
NO, 98'G40~ CIVIL
KELL Y DeARMENT,
Defendant
CUSTODY/VISITATION
AND NOW, this
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ORDElLOF__COURT
j...". - -"?r'"
day of if--'- -v--
, 199"
pursuant to the Stipulation of the Plaintiff and Defendant, and
their respective counsel, attached hereto, and upon the further
recommendation of the Custody Conciliator, Dawn S, Sunday,
Esquire, it is ORDERED AND DECREED as follows:
1, The parties shall have shared legal custody of the
subject minor child: Tyler James DeArment, born March 22, 1997,
The parties shall consult with each other relative to all
important decisions concerning the subject minor child, including
such matters as health, education and religion.
2, The Defendant, Kelly DeArment, shall have primary
physical custody of Tyler James DeArment.
3, The Plaintiff, Brian M, DeArment, shall have partial
physical custody of Tyler James DeArment,
4, The primary physical custody and partial physical
custody of Tyler James DeArment shall be shared by his Father
BRIAN M, I),'ARMENT,
1'1 dint 1 f f
IN 1'111' ('(lUln ell-' COMMON PLEAS
(,UMnEI~l.ANil "OlIN'! '{, PENNSYLVANIA
CIVIL A('TIOIl l.A\'1
V:l.
KELLY DeARMENT,
Defendant
NO, 9H.(;,IO', CIVIL
CUSTODY/VISITATION
ORDER. OF, COURT
,I iI'\ 1.,.,. - -?r-
AND NO\'I, this ~_ day of -if-'- .v-
, 199f.
pursuant to the Stipulation o[ the Plaintiff and Defendant, and
their respective counsel, attached hereto, and upon the further
recommendation of the Custody Conciliator, Dawn S. Sunday,
Esquire, it is ORDERED AND DECREED as follows:
1. The parties shall have shared legal custody of the
subject minor child: Tyler James DeArment, born March 22, 1997,
The parties shall consult with each other relative to all
important decisions concerning the subject minor child, including
suc~ matters as healt~, education and religion.
2, The Defendant, Kelly DeArment, shall have primary
physical custody of Tyler James DeArment,
3, The Plaintiff, Brian M. DeArment, shall have partial
physical custody of Tyler James DeArment,
4. The primary physical custody and partial physical
custody of Tyler James DeArment shall be shared by his Father
(Plaintiff) dnd Mot h.., (1J..I"nd,ult I bdfIC.d upon t Ii" lolloWIIl(!
srhecllllf"
On ,,11(':n.lI(' SdlurddYu ...It 9:00 a.tn., Fdt JH't' nllall have
physical Clwt:ody of Tylel', and shall retain t:hdt phYGical
custody until approximately 3:15 p,m. on t:h" irnmecHately
following Mond.1Y, at which time, Mother shall l'eacC]uire
phYSical custody of Tyler, On the immediat"l y following
Tuesday, Wednesday, Thursday and Friday, beginning at 9:00
a,m" Father shall have physical custody of Tyler until
approximately 3:15 p,m, on each of those days, at whiCh time
Mother shall reacquire physical custody of Tyler, and shall
retain phYSical custody of Tyler through the entire weekend,
until Monday morning at 9:00 a.m, when Father shall, once
again, reacquire physical custody of Tyler until
approximately 3:15 p,m, of that same day (Monday), when
Mother shall reacquire custody of Tyler, Thereafter, the
parties will share physical custody of Tyler upon a day to
day and week to week basis which shall continue to repeat in
accordance with the foregoing schedule,
5, The parties will cooperate with each other and to the
,
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greatest extent Possible, shall share equally in the transporting
of Tyler to the respective residences of Mother and Father for
the Illll'pOH(' of ('u"lII]('f1(','rnent 0'" tC1"rllin<lt ion of penu,l!; of phynical
custody,
G, Th.. P,llt "." ,,1,>111 COOpOl",1Lt' with "dch oth"," in atTanglng
a schedule of phYUIC<l1 custody of Tyler during major holiday
periods throughout the year, including but not limited to
Christmas Day, Easter Day, Memorial Day, Labor Day, Thanksgiving
Day, and Tyler's birthday. Such arrangements for physical
custody of Tyler shall make provision for each parent to have
physical custody of Tyler upon each hOliday or shall provide that
the parents shall alternate physical custody of Tyler upon those
holidays,
7, Nothing herein contained shall prevent either party from
seeking a future modification of this Order upon a significant
change of circumstances, nor shall anything contained in this
Order be construed to prevent the parties from reaching mutual
agreement as to modifications of their respective periods of
physical custody with their son,
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IN TilE ('onn OF ('O'I,\I0~ I'I.EAS
('!1i\IIlEIU.A~/) ('()(I;\oTy,I'E~NSYI.\'ANIA
/IIUAN 1lI':,\IU!Jo:;\OT,
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ClISTOJ)Y
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('1\'/1. ACT/ON -I.A W -- IN
KEI.LY QlIAIU,ES,
l1~f~I"I""1
nETlJI{N OF SEIH'ICE
On rhe _L'Z""" day of August, 2005. I. David Rudy, Proccss Scrvcr. servcd
KEI.L Y QIJAnLES, with thc Complaint "'r Modification or Custody hy
/Ildv., Ir/(/,,,- \
.fbNO,tJ (, To @:>51€JJ g''0.f!J!10..\ R"'5.101"'."-,,1l. jI<'M<..)(manncr of servicc) at
0111 p 11!l.tI.l~~..L_._.s.jLLP,!:.111I'1N:' TO,<J.",)'_...n n____.' al ~"s-:. Em. (timc
of service),
I verify that the statcments in rhis return of service arc true and correct. I
understand that lillse statemcnts herein arc made suhject 10 the penalties of 18 Pa, C.8.A,
~4904 relating to unsworn J,lIsilicarion 10 authoritics,
Datc: R-17-0S'
~fo~
. '
IlRIAN nI'AI(~IENT
1'1.i\INTIH
I ~ Till' l'< Il;lU OF l'< )~I~I(lS Pl.h\S 01
CU~IIIEI(I.ASD COli STY, I'ENNSYI.V ANIA
v.
911-(,~1I5 CI\'II. ,\( 'TlOS 1.,\ \\'
KELLY QUi\'U,ES
DI'I'!',SU,ISI
IN CUSTODY
ORIlElt OF COllin
AND NOW,
._.._~~~~~~t!~r~ ~~~gusW-,-,20lJ~_,______. upon ..:onsidcration ofthc attached Complaint,
il is hereby direeled that parlies and their respeelive counsel appear bci'ore lJawn S, SundllY, Es'l' , the eoncilialor,
al___.__ 39 West Main ~treet'_'~I..,~hanic~.!'.!l:, I'A 1705~_. on _.!,I1!'rsday, September 08, 2005 at 10:00 AM
1'01' a pre-Ilearing Custody Conference. At such eonlerenee, an em,,( will be made 10 resolve the issues in dispute: or
if this c:mnot be aceomplishcd, to deline and narrow Ihe issues 10 be heard by the court, and to enter inlo a tcmporary
order. All children Hj.!,C Ii\'e or older ma\' also be present at the conl'crcllcc. Failure to uppcar at the conference mav
provide grounds for entfY of a temporary or permanent on.h:r.
The court herehy directs the parties to furnish any and all existinl: Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator ~8 hours IJrior to scheduled heariul!.
FOR TilE COURT,
By: ~__!2",vn S, SlInd:lJ'J.lIHl,---'/ i'\\
Custody Conciliator ~~
The Courl of Common Picas of Cumberland County is rcquired by law 10 comply with the Americans
with Disabilites Ael of 1990. ror information abotllacccssible l"cilities and reasonable accommodations
available to disabled individuals having business berore the court, pkas~ contact our oflice. All arrangements
must be made at least 72 hours prior to any hcaring or business before Ihe court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE T1-lIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFrlCE SET
FORTH BELOW TO rIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland Counly Bar Association
32 South Bedllml Street
Carlisle, Pennsyll'ania l7013
Telephone (717) 2-19,3166
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RECEIVED f.UG 08 200tr
5
IN TilE COllin OF COMi\lON PLEAS
ClIMllImL\1\1> COIINn', PENNSYLVANIA
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B1UAN I>EAHMENT,
Plaintiff
NO, 1)8-(,.1115 CIVIL
v,
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CIVIL ACTION - LAW -- IN C\JSTOI)Y
KELLY QUAHLES,
Defem.hmt
OIU1lm OF COllIn
AND NOW TH[S _ day 01'__ ,2005, upon consideration oflhe attached
Complaht, it is hereby directed thaI Ihe parties and Iheir respective counsel appear belore
. the conciliator. at on the
day or , 200 I at ,M.. 1(" a I're-!learing Custody
Conference. At slIch conference. an efrort will be made to resolve the isslIes ill dispute: or if this cannot he
accomplished, to define and narrow the isslIes to be he:.m.! by the COllrt. and to cl1h:r into a temporary order.
All children age live (5) or older may also be present at the conference, Failure to appear allhe conlcrence
may provide grounds for entry of a temporary or permanent order.
BY TIlE COURT,
By:
Custody Conciliator
The Court of COlli moo Pleas of Dauflhill COllllly is required by law to COlli ply with the
Americans with l>isabilities Act of 1990. For information abollt accessible facilities ,md reasonable
accommodations available 10 disabled individuals having bllsiness before the cOllrt, fllease eOlltact
ollr office, All arrallgemeuts IIIl1st be made at least 72 hours flrior to .1IIY hearing or bllsiness hefore
lhe COllrt, You mllst attend Ihe schedlllcd conferencc or hearing,
YOU SHOULD TAKE THIS PAI'EI{ TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF[CE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY liAR ASSOC[ATlON
2 Liberty Avcnue
Carlisle,l'A 17013
717,249,3[66
"
IN TilE COlmT OF COMMON PLEAS
ClIMBEIU,ANJ) COUNT\'.PENNS\'LV ANIA
IlIUAN I>EARMENT.
1'llIinliff
KELLY QUARLES,
J)cfcndant
)
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CIVIL ACTION - LAW --IN CIISTOI>Y
NO, 1)1I-(,-In5 CIVIL
\',
COMPLAINT FOR MOJ}JFICATION OF CUSTODY
AND NOW, comes Plaintiff: Brian DeArment. hy and thl'Ough his <lllorney, Thomas M,
Clark. Esquire of Wiley. Lenox, Colgan & Marzzacco. P.C.. and liIes the instant Complaint fi,r
Modification of Custody. and in support thcreof: avers as filllows:
I, The Plaintiff is Brian DeArment. who currenlly resides at 104 South 15'h Street. Camp lIill.
Pennsylvania, 170 II.
2. The Defendant is Kelly Quarles formerly Kelly DeArment. who currently resides at211 East
Main Street, Shiremanstown, Pennsylvania, 17011,
3, PlaintilTseeks primary physical custody of the ti)llowing child: Tyler DeArment, born on
March 22.1997,
The child was born out of wedlock.
During the past five (5) years. the child has resided with the following persons at the following
addresses:
A. From 1997 until 1999. Tyler DeArment resided with both parents Kelly Quarles at
211 East Main Street. Shiremanstown, Pennsylvania, 17011.
.'
Il. From l'JI)I) until Prcscnl, ooth parcnts halC sharl'd cuslody of Tylcr DcAnucnt, and having
rcsidcd atthc li,"owing:
(I,) From 1'Jl)I} untill'rcsidcnt. Tylcr DcArmcnt has rcsitbl with Kclly Quarks at 211 blst
Main Strcct. Shircmanstown, Pcnnsylvania, 17011 and with IIrian Ik'Armcntlr.lIn 1l)1}1} II11til2002 at
424 Ilddeman Boulevard, New Cumocrland. Pennsylvania 17070.
C. From 20D2 untill'resenl. Tyler DeArmenl has resided wilh Brian DeArmenlatl O~ South 15'10
Street, Camp lIill, Pennsylvania, 17011.
Thc mother of the child is Kelly ()uarlcs, who is currently rcsiding at 211 East Main Strccl.
Shiremunslown. I'cnnsylvunia, 170 II,
She is single,
The Fmher of the child is I3rian DeArmcnt. who is currently residing at 104 South 15'10 Street. Cum I'
Hill. Pennsylvuniu, 170 II.
He is murried,
16, The relntionship ofPlaintitTto the child is thut of Futher,
17. The relntionship of Detcndunt to the child is thut of Mother,
18, Pluintiff has not purticipmed as a purt)' or witness. or in another eupacit)', in other iitigution
concerning the custody of the child in this or unother court.
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Plaintiffhas no information ofa custody proceeding concel'lling the child pending in a eourl Oflhis
Commonwealth or un)' other stute,
Pluintiffdoes not know ofa person not u purt)' to the proceedings who has ph)'sical custody oflhe
child or claims to have eustod)' or visitution rights with rcspcetlo the child,
19, The best interest and pennunent welfure of thc child will he served hy granting Plainliff
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primary physical cuslody orthe minor child he cause I3rian DeArmcnt has played an uclive and nurturing role
.'
B. From \')I)l) lInlilPrcscnl, bolb parcnls havc sharcd cuslod) of lyleI'I Jc:\nncnl. ami having
rcsidcd atlhc 1l,lIo\\ing:
(I.) From 1l)1)1) lIntilPrcsidcnl, Tylcr IJcAmll'nl has rcsidcd wilh Kclly Qnarlcs at 211 Fast
Main Slrcd, Shircmanslo\\n, Pcnnsylvania. 170 II and II ilh BrianlJc:\nl1l'nl from Il)l)llunlil :!002 at
424 Heldcman Boulcvard. Ncw Cumbcrland, Pcnnsylvania 17070.
C. From 2002 lInlilPrcscnl, Tyler DCI\rmcnl has rcsidcd wilh Brian DcMmcnt at 104 Soulh 15111
Slrcct, Camp I !ill, Pcnnsylvania, 170 II.
Thc moth~r of thc child is Kclly Quarlcs, who is currcntly rcsiding al 2 II Fasl Main Strccl.
Shircmanstown, Pcnnsylvania. 170 II,
Shc is singlc.
Thc Fathcr ofthc child is Brian DcArmcnt, who is currcntly rcsiding al 104 South 15'11 Slrcct, Camp
Hill, Pcnnsylvania. 170 II.
He is married.
16. The relationship of PlainlitTlo lhe child is thaI of Fathcr.
17. Thc r~lationship of Dctcndantlo lhc child is lhatof Mothcr.
18, PlainlitThas not participatcd as a party or witncss, or in anolhcr capacity. in othcr litigation
conccrning thc custody of thc child in this or anolher courl.
Plaintiffhas no information ofa cuslody procecding conceming the child pending in a court of this
Commonwealth or any other stale,
Plainliff docs not know of a personnol a parly 10 the proceedings who has physical custody of thc
child or claims 10 havc custody or visitation rights with rcspccllO the child,
19. The best interesl and permancnl welfare of lhc child will bc served by granting Plaintiff
primary physical custody orthc minor child bccause Brian DeArmcnl has played an activc and nurluring rolc
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in thc dcvclopmcnt of his child and thc ability of a continucd relationship would be in the best intcrest or:hc
child,
20, Each parent whose parenlal rights to the child has not been terminated and the person who has
phy~ical custody of the child has been named as parties to this action,
WHEREFORE. Plaintiff respcctfully requests This Ilonorahle ('ourl to grant primary
physical custody ofthc minor child to the Plaintiff,
Respectfully submilled.
WI LEY, LENOX, COLGAN &MAHZZACCO,
p,c.
Datcd:
i/~
.
Thomas M. Clark, Esquire
130 Wcst Church Strect
Dillsburg. PA 17019
(717) 432-9666
I.D, # 85211
"
inthc dcvelopmcntofhis child and the anility ofa colllinucd relationship would he inlhe nesl inlercstofthe
child,
20, Each parent whose parental rights tothc child has not hecntcrminalcd and the person who has
physical CUSllllly oflhc child has hccnnamcd as partics lolhis action.
WIIElu:n>lU:. Plaintiff rcspectfully rCljuests This lIouoranlc ('ourt to grant prlllmry
physical cuslody of the minor child to the Plaintiff.
Respectlidly sunmilled,
WILEY, LENOX, COU;AN &MARZZACCO,
",C,
Dated:
Thomas M, Clark, Esquire
130 West Church Streel
()i IIsburg. P A 17019
(717) 432-96(,(,
J.D. H X5211
"
VERIFICA TION
I. Brian M ,DcArmcnl, vcrif)' thatthc statcmcnts madc in this Complaint arc trm: ami corrcct to
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thc bcst ofm)' knowlcdgc. inf(lfI11alion. and hclicf. lundcrstand that t"lsc statcmcnts hcrcin arc madc
subjcctlO thc pcnaltics of 18 Pa, CS, '4904, relating to unsworn falsification to authoritics.
Datc:~
~~
BRIAN M, DcARMENT
Plaintiff
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KELLY QIIAIU,ES,
Ih'fcndllnl
: ('1\'11. ,\(''1'10:-; - LA W
: IN ('1ISTOIlY
OIWEn OF ('Ollln
AND NO\\', Ihis.~ day or ,I?~, ~' 2()~5, il i: I~
ORDERED and DECREED Ihal: I!r:~ ~~~~ 1::::1 , d,~llll,..lhal
II"~~"~~' ,1~.~ ~;~"'" Ilf()r""":f"",,rl to 'Ihieh Ih~.1 i;,if'wlal;oJ)
awJ (t,ld').! ;,1 dtt,.d,(d. Ulld 1,.;,ICh docs hcrcny stipulate ami agree dUll lilt..: s.tid old~, "re,.urt.
wll'il~ dgR"'1 irrt(,.y -,wi til"g l:ty the Court. ~:hnll hereun~r g.o';l.'rn thdl ,\,..-,pl..d;\\,. 1\..lulil.n::.-Mips
with lh,.ir Illinnt:..c.hil~~mcf D~.^ fl11lJnt.
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KELLY QIIAIU.ES,
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: 1:'10 CTSTOJ)Y
ClISTOJ)Y STII'IILATIO:'lO AC;REI':\IE:'iT
I. I'llIintiff, BRIAN M, D~AR:\lENT, (h~rcinalkr rdi:rr~d to as ");athd' or "par~nt"),
and Ddi:ndant, KELLY <,ll JARLES, (h~rcinali~rrderr~d to as "\loth~r" or "par~nt"),
shall sharc Icgal custody ofthcir minor child, Tyler Jamcs DcArmcnt. horn :\ larch 22.
1997,
2, Mothcr and Fathcr agrcc that th~ major dccisions conccrning th~ child's h~alth.
\Vcllilrc. cducation. rcligious training and upbringing shall bc madc hy th~ parcnts
jointly. ancr discussion and consultation with cach oth~r. with a vicw towards
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obtaining and lilllowing a harmonious policy in thc child's hcst int~rcsts,
3, Each parcnt agrccs to kccp thc othcr par~nt inli1l'l11~d ofthc pro!!rcss of th~ child's
education and social adjusll11cnts.
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4, Elich parent agrccs not to impair thc othcr parent's right to sharc Icgal custody ofthc
child,
5, Each parent agrccs to givc support 10 onc anoth~r inthcir rolc as parcnts and to takc
into account thc conscnsus ofthc othcr lilr thc physical and cmotional wcll,hcing of
thc child,
6. Thc parcnts agrcc not to alicnatc thc aflections or thc child IiII' th~ othcr parent.
7, Each parent shall notil)' the othcr of any ofLhc child's activitics lhat could rcasonably
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be expel:led 10 be ot' sigllilkalll ,'oll(ern III Ihc othcr parell\.
ll. hleh parcnl agrccs 10 lIulil) Ihc IIth"I' it' Ihc child is in\III\,'d in any signilkant
aCI,:ilk'lll. injury or illl1l'~S 1 hI..' pan.'111'; "prl'I..' to 1:00 P":I";I 1 1..' ill sharil1!! all~ llr the
child's I11cdkal insllrancc InlOl'lllation, In addition, it'thc child has hccnlllcsclihcd
l11edkalion. Ihc ellslodiall'arCnl agrecs 10 dispcnsc said I11cdicalion pnrsnanllo Ihc
prescribing doctor's orders.
<), Each parcnt shall have cqnal rights and ;ICCCSS to visit thc child ir thc child is
confined to a I11cdical institlltion so long as said visits arc consistcnt with I11cdieal
advice.
Ill. The parcnts shall have shared physical custody or the chillI in accordancc wilh the
t'ollowing sehedole:
ALTERNATE WEEKENI>S:
On alternating weekends frolll Friday at 3:00 1',111, until Monday a13:00 p,lll..
commencing the Friday 1()!Iowing the signing or the Custody Stipulation
Agreement.
WEEKI>A YS:
Father shall have clIstody every Tuesday and Thursday rrolll 3:00 p.lll, until
3:001'.111, the rollowing day,
Mother shall have custody every Monday and Wednesday t'rol11 3:00 p.lll.
until 3:00 p.l11, the following day,
HOLmA YS:
The parties shall alternate Holidays, Father shall have the Iirst Holiday being
Labor nay 2005,
,
.
MOTIIEI('S 11,\ Y ,\:'IiIlI:..\TIIEIt'S 1M Y:
1\lolhcr shall al\\a~' halc Ihc righl of panial cllslod~ Oil ~10Ihl'r\ Da).
Falhcr Shall ahla~, hall' Ih,' righl of panial l'lI'l"d~ on I'alhds I '::~. I hc
righls lIfpanial clI'llId~ ,hall hI' c,cII'i,cd Ih'Ill'1:l11J a.llI. lImil X:IJIJ p.lll.
CIIIUSTMAS:
In cvcn numhcrcd ~cars. ~lolhcr shall halc Ihc righl of cuslody fWIll
Ikcclllncr 24'10 alnoonlhwugh Ilcccmhcr 25'" alnoon, Ililh Falhcr having
cuslody Ihllll Ilcccmhcr 25'10 alnlllllllhrough Dcccmbcr 2(,'10 alnooll. In odd
numbcrcd ycars. Falhcr shall have Ihc righl ofcuslody from Dcccmbcr 24'10 al
noon Ihrough Ilcccmhcr 25'10 al noon. wilh ~Iolhcr having cllslody from
Decemher 15111 at 1100n through Dcccmhl;'r 261h al 1100n.
SUMMER:
Each party shall bc cntitled 10 a onc-wcck period 0(' uni11lerruplcd cllslody
during each summcr upon 31J days advance II'riltcnnoliee 10 Ihe othcr party.
These weeks shall not be eonsecutivc unlcss otherwise agreed to by the
parties. In the cvenl ofa eonllie!. thc party lirsl giving notiec shall prevail.
OTHER TIMES:
At any other times Ihat the parties by mutual agreement can agree.
II. During thc time that a parent docs not havc physical custody o('the child, said parent
shall havc thc right to spcak with thc chi Id by telephonc and/or e-mail on a liberal
basis as mutually agrced upon by the partics.
12. Neither parent shall abuse alcohol or use illegal substanccs while the child is in his or
her custody. No party shall smoke in any part of a eonlincd arca
.
.
\\ ilh Ihe ..:hild prc\",'ut alld IH:ith....1' pan~ ,h.11I p...'11II11 al1tllhf.'! 11I.'''\lIlIlu \l1ltlh' in ;1II~ 1'.11'
uf a \.'onlilll'd arca \\ ith Ihl' \.'hild j1h,,'''lI.'lIl
13. Shollld cilhcr parcnl bc lInal ailablc 10 COlrc IiII' Ihe child during Ihcircuslodial pcri"d.
thc olhcr parcm will halc Ihc righl "r liI,1 rL'lilSallo car,' li.r 1111' child. \\'h,'n onc
parI) will bc lInablc 10 CiII'C IiII' Ihc child IiII' a pcriod c,cccding Ihc (51 hOllrs,lhat
party shall ealllhc nOll-cushldial pany and inl(lIirc as 10 Ilhclhcr Ihc 11"Il-ClISlodial
parcnt w:mts 10 carc Ii. I' thc child.
14. The panics arc I'ree 10lllodil) Ihc lerllls "I' Ihi, Ordcr hul in "rder to do '''. Ihe ('ourl
makes it clear (hat both parties mllst he il1l.:olllp!c..'lc agrccmcl1llo any ne\\ tcrl11~. Thai
means hoth parties must consent 011 \\ hallhc new terms of the custody arrangement or
visilation schedulc shall be.
In the event Ihat one or the other docs not consent to a change. that docs not mean each
follows Iheir own idea as 10 whallhey think Ihe arrangcmenls ,hould he. This ^greemenl
and Court Order is sct out in dctail so hoth parlics havc illo rclcr 10 and 10 govcrn Iheir
relationship with the child and Ilith each olhcr inlhe cvenl ora disagrcement.
15. The Court ol'Col11l11on Picas ol'Cumberland COllnty. Pcnnsylvania shall retain solc
jurisdiction ovcr this casc.
16. This Agreement shall be construed and govcrncd by the laws ol'thc COl11mon\Vcallh of
Pennsylvania.
17. Both parcnts have had the opportunity to consult with and oblain thc adviec of
separate Icgal counsel prior to signing this Agreement.
ifESS
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
BRIAN DEARMENT,
Plaintiff
NO. 98-6405 CIVIL
v.
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CIVIL ACTION - LAW -- IN CUSTODY
KELLY QUARLES,
Defendant
COMPLAINT FOR MODIFICATION OF CUSTODY
AND NOW, comes Plaintiff, Brian DeArment, by and through his attorney, Thomas M.
Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.c., and files the instant Complaint for
Modification of Custody, and in support thereof, avers as follows:
I. The Plaintiff is Brian DeArment, who currently resides at 104 South 15th Street, Camp Hill,
Pennsylvania, 170l1.
2. The Defendant is Kelly Quarles formerly Kelly DeArment, who currently resides at 211 East
Main Street, Shiremanstown, Pennsylvania, 1 70 I l.
3. Plaintiff seeks primary physical custody of the following child: Tyler DeArment, born on
March 22, 1997.
The child was born out of wedlock.
During the past five (5) years, the child has resided with the following persons at the following
addresses:
A. Prom 1997 until 1999, Tyler DeArment resided with both parents Kelly Quarles at
211 East Main Street, Shiremanstown, Pennsylvania, 17011.
B. From 1999 until Present, both parents have shared custody of Tyler DeArment, and having
resided at the following:
(1.) From 1999 until President, Tyler DeArment has resided with Kelly Quarles at 21 lEast
Main Street, Shiremanstown, Pennsylvania, 170 1 I and with Brian DeArment from 1999 until 2002 at
424 Heideman Boulevard, New Cumberland, Pennsylvania 17070.
C. From 2002 until Present, Tyler DeArment has resided with Brian DeArment at 104 South l5th
Street, Camp Hill, Pennsylvania, 170 1 1.
The mother of the child is Kelly Quarles, who is currently residing at 211 East Main Street,
Shiremanstown, Pennsylvania, 1 70 11.
She is single.
The Father of the child is Brian DeArment, who is currently residing at 104 South 15th Street, Camp
Hill, Pennsylvania, l70l1.
He is married.
16. The relationship of Plaintiff to the child is that of Father.
17. The relationship of Defendant to the child is that of Mother.
18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a court of this
Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical custody of the
child or claims to have custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be served by granting Plaintiff
primary physical custody ofthe minor child because Brian DeArment has played an active and nurturing role
in the development of his child and the ability of a continued relationship would be in the best interest of the
child.
20. Each parent whose parental rights to the child has not been terminated and the person who has
physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant primary
physical custody ofthe minor child to the Plaintiff.
Respectfully submitted,
WILEY, LENOX, COLGAN &MARZZACCO,
P.c.
Dated:
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Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PAl 7019
(717) 432-9666
I.D. # 85211
VERIFICATION
I, Brian M .DeArment, verify that the statements made in this Complaint are true and correct to
the best of my knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities.
Date:
c;<'k )05
I I
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BRIAN M. DeARMENT
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
BRIAN DEARMENT,
Plaintiff
NO. 98-6405 CIVIL
v.
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CIVIL ACTION - LAW -- IN
CUSTODY
KELLY QUARLES,
Defendant
RETURN OF SERVICE
On the I~ day of August, 2005, I, David Rudy, Process Server, served
KELLY QUARLES. with the Complaint for Modification of Custody by
/ MVI-T mf1.t.€.. \
IItWOIN" TO HUSSlt,.} &LH'IIeJJfll:l l..F~IOI^," M ,,~(manner of service) at
&/1 E Ml1liJ Sl S, 1-I,1I<f:.M ,*Al<;,ow..J
, at S:,)s- Em. (time
of service).
I verify that the statements in this return of service are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
~4904 relating to unsworn falsification to authorities.
Date: 8-/'7 - Os
()JJi!~
DAVID RUDY
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BRIAN DEARMENT
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
98-6405 CIVIL ACTION LAW
KELLY QUARLES
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, August 17, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mecbanicsbu'l~, PA 17055 on Tbursday, September 08, 2005
, the conciliator,
at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sundav. Esn. " v(\
Custody Conci~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AffORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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BRIAN M. DeARMENT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No. 98-6405 CIVIL
KELL Y QUARLES,
Defendant
; CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY STIPULATION AGREEMENT
I. Plaintiff, BRIAN M. DeARMENT, (hereinafter referred to as "Father" or "parent"),
and Defendant, KELLY QUARLES, (hereinafter referred to as "Mother" or "parent"),
shall share legal custody of their minor child, Tyler James DeArment, born March 22,
1997.
2. Mother and Father agree that the major decisions concerning the child's health,
welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards
obtaining and following a harmonious policy in the child's best interests.
3. Each parent agrees to keep the other parent informed of the progress of the child's
education and social adjustments.
4. Each parent agrees not to impair the other parent's right to share legal custody of the
child.
5. Each parent agrees to give support to one another in their role as parents and to take
into account the consensus of the other for the physical and emotional well-being of
the child.
6. The parents agree not to alienate the affections of the child for the other parent.
7. Each parent shall notifY the other of any of the child's activities that could reasonably
be expected to be of significant concern to the other parent.
8. Each parent agrees to notifY the other if the child is involved in any significant
accident, injury or illness. The parents agree: to cooperate in sharing any of the
child's medical insurance information. In addition, if the child has been prescribed
medication, the custodial parent agrees to dispense said medication pursuant to the
prescribing doctor's orders.
9. Each parent shall have equal rights and access to visit the child if the child is
confined to a medical institution so long as said visits are consistent with medical
advice.
10. The parents shall have shared physical custody of the child in accordance with the
following schedule:
ALTERNATE WEEKENDS:
On alternating weekends from Friday at 3 :00 p.m. until Monday at 3 :00 p.m.,
commencing the Friday following the signing of the Custody Stipulation
Agreement.
WEEKDAYS:
Father shall have custody every Tuesday and Thursday from 3 :00 p.m. until
3:00 p.m. the following day.
Mother shall have custody every Monday and Wednesday from 3:00 p.m.
until 3:00 p.m. the following day.
HOLIDAYS:
The parties shall alternate Holidays, Father shall have the first Holiday being
Labor Day 2005.
MOTHER'S DAY AND FATHER'S DAY:
Mother shaH always have the right of partial custody on Mother's Day.
Father ShaH always have the right of partial custody on Father's Day. The
rights of partial custody shaH be exercised from 9:00 a.m. until 8:00 p.m.
CHRISTMAS:
In even numbered years, Mother shaLl have the right of custody from
December 24'h at noon through Decemb'~r 25th at noon, with Father having
custody from December 25th at noon through December 26th at noon. In odd
numbered years, Father shaH have the right of custody from December 24th at
noon through December 25th at noon, with Mother having custody from
December 25th at noon through December 26th at noon.
SUMMER:
Each party shaH be entitled to a one-week period of uninterrupted custody
during each summer Upon 30 days advance written notice to the other party.
These weeks shaH not be consecutive unless otherwise agreed to by the
parties. In the event of a conflict, the party first giving notice shaH prevail.
OTHER TIMES:
At any other times that the parties by mutual agreement can agree.
II. During the time that a parent does not have physical custody of the child, said parent
shaH have the right to speak with the child by telephone and/or e-mail on a liberal
basis as mutuaHy agreed upon by the parties.
l2. Neither parent shall abuse alcohol or use iHegal substances while the child is in his or
her custody. No party shall smoke in any part of a confined area
with the child present and neither party shall permit another person to smoke in any part
of a confined area with the child present.
13. Should either parent be unavailable to care for the child during their custodial period,
the other parent wi]] have the right of first refusal to care for the child. When one
party will be unable to care for the child for a period exceeding five (5) hours, that
party shall ca]] the non-custodial party and inquire as to whether the non-custodial
parent wants to care for the child.
14. The parties are free to modify the terms of this Order but in order to do so, the Court
makes it clear that both parties must be in complete agreement to any new terms. That
means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This Agreement
and Court Order is set out in detail so both parties have it to refer to and to govern their
relationship with the child and with each other in the event of a disagreement.
15. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain sole
jurisdiction over this case.
16. This Agreement sha]] be construed and govemed by the laws of the Commonwealth of
Pennsylvania.
17. Both parents have had the opportunity to consult with and obtain the advice of
separate legal counsel prior to signing this Agreement.
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jRECE\\fED SEP 092005
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN DEARMENT
vs.
98-6405
CIVIL ACTION LAW
KELLY QUARLES
Defendant
IN CUSTODY
ORDER
AND NOW, this 6th day of Sentember,2005 ,the conciliator, being advised by
plaintiffs counsel that all custody issues have been resolved by agreement between the parties, hereby
relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 8, 2005 is
cancelled.
FOR THE COURT,
(),~
Dawn S. Sunday, EsqUire
Custody Conciliator
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BRIAN M. DeARMENT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: No. 98-6405 CIVIL
KELLY QUARLES,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~ _ day of (:J~ ~ . 20~5. it i; h~
ORDERED and DECREED that: Brj~ ~~~;~:~:~l~~) 8@@lm that
tb~?"~Q~V t~v~c ~:rm "fnnipr "fr~'l];( tg 'PRioR tki3 E;tilllollation
(}Rd C(1,l~s{,nt ~~ Mt~d~....d, aad ccu,;h does nerebY stIpulate and agree lhm the said Old\..-! vI' Col.rL
U'~'iR. i:ig~'@g ii;i:l1~<j <:\nQ tll~g B~r t.l.1e Ce'tl-ft, shall Bereafter gS1'erfl H."l~ 1\""jJv,-,l~ Vv l\.JatiBHS:Mips
with thplT mlnnr ..hilr1 Tyl~r T:;l~~~ D@^^~fJ.1.:lQRt. '.
BY THE COURT
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