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HomeMy WebLinkAbout07-1432BONNIE L. PECHART and THOMAS PECHART, Plaintiffs vs. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7- /Sf ?.2 Tt<.? IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the above-named Plaintiffs, BONNIE L. PECHART and THOMAS PECHART, by their attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiffs are BONNIE L. PECHART and THOMAS PECHART, husband and wife, adult individuals who resides at 1866 Copenhaffer Road in Dover, Pennsylvania. 2. The Defendants are AIMEE DeARMENT and LEE MICHAEL DeARMENT, husband and wife, adult individuals who reside at 1388 Simpson Ferry Road in New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiffs are the parents of the Defendant Lee Michael DeArment. 4. This matter involves the custody of the minor child, Noah DeArment, age 5, born 1 November 2001. The Defendants are the biological parents of the child and the Plaintiffs are the paternal grandparents of the child. 5. Since his birth, the child has resided at the following locations with the following persons: November 2001 -January 2003 January 2003 - June 2004 June 2004 - June 2005 June 2005 to present Miller's Trailer Park Defendants Etters, PA 1866 Copenhaffer Road Plaintiffs Dover, PA 14616 th Street Defendants New Cumberland, PA 1388 Simpson Ferry Road Defendants New Cumberland, PA 6. The child was not born out of wedlock. 7. The Plaintiffs are the paternal grandparents of the children. Plaintiffs currently live alone at the above address except for the times that the child is in their custody. 8. The Defendants are the biological parents of the child. Defendants live alone, with the child, at the address listed for them above. 9. Custody of this child was the subject of a dependency matter before the Court of Common Pleas of York County, Pennsylvania, entered to No. 25 JADP 2003. In that action, based upon a finding that the Defendants could not properly care for the child, the court entered an order granting physical custody to the Plaintiff Bonnie L. Pechart. Thereafter, by subsequent orders entered in that action, physical custody of the child was transferred to the Defendant Lee Michael DeArment. Other than these proceedings, Plaintiffs are not aware of any other action involving the custody of the child or claims for the child's custody. In addition, this Court, in a Protection from Abuse action filed by Aimee DeArment against Lee Michael DeArment, to No. 2007-1245. In that action, Plaintiff believed that an order was entered which granted temporary physical custody of the child to Aimee DeArment. Otherwise, Plaintiffs are not aware of any litigation involving the custody of the child. 10. The Defendant Aimee DeArment has a long-standing drug habit and addiction which has prevented her from providing proper care for the child and continues to prevent her from doing so. The York County court, in the action sited above, specifically found that and required the Defendant Aimee DeArment to seek help for her drug problem. Plaintiffs believe that her drug problem continues and that she has not received or sought any effective help for the problem. 11. Defendants constantly fight, including physical fights, in the presence of the child. As a result, the child does not have a happy, stable, or calm home life but is constantly exposed to tumultuous and erratic conduct by both Defendants. 12. Plaintiffs have standing to bring this action because such action is in the best interest of the child, the Plaintiffs have genuine care and concern for the child, the Plaintiffs' relationship with the child began with both the consent of the parents and pursuant to an order of court, and because the Plaintiffs, for twelve months or more, assumed the role and responsibility of the child's parent, providing for the physical, emotional, and social needs of the child. 13. Plaintiffs seek an award of shared legal and shared physical custody of the child, granting them physical custody of the child every weekend from Saturday morning until Monday morning. Such an award will be in the best interests of the child for the following reasons: A. The Defendants have demonstrated, by their conduct, including the drug addiction of Aimee DeArment, the constantly fighting among themselves, and their other personal problems that they are unable to care for the child without assistance from Plaintiffs; and B. The Defendant Aimee DeArment has behaved irrationally with regard to the child, taking the child outside the Commonwealth of Pennsylvania without the consent of any of the parties and contrary to the provisions of the orders entered by the Court of Common Pleas of York County; and C. Because of the neglect and mistreatment of the child by the Defendants, the child suffers serious emotional problems which make the continued involvement in his life of the Plaintiffs a necessity; and D. Plaintiffs have provided the only stability in the child's life and are the only parties who can provide a stable and suitable home and environment for the child; and E. The child has spent almost every weekend with the Plaintiffs, pursuant to private arrangements made by the parties, from Saturday morning until Monday morning, for a period of more than two years. WHEREFORE, Plaintiffs prays this court to award them primary legal and primary physical custody of the minor child, Noah DeArment, born 1 November 2001. 1?-? Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: a+ laow ykk6e? - BONNIE L. PECHART I verify that the statements made in this document are true and correct. 1 understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: z , THOMAS PEC R i!. BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY JOINDER The undersigned Lee Michael DeArment represents that he is the father of the child Noah DeArment, born 1 November 2001. He was granted physical custody of this child by the Court of Common Pleas of York County, in a child dependency action, in 2004. He believes that the best interest of his child Noah is to have Noah's physical custody returned to the Plaintiffs in this matter, Bonnie L. Pechart and Thomas Pechart, and he hereby joins in their petition seeking primary legal and primary physical custody of the child. He believes this will be in the best interest of the child because the child's mother, Aimee DeArment, has a serious drug and emotional problems and cannot provide proper care for the child. c0 Lee Michael DeArment ?'? r.? c ? ,.?? ' ? - . ? -.J n 1/ V _ .L ?i? -? i ?"` l ?.J C'? ( '" ? y ? ? -;-,, r e _ _? , Q, ?-"` J --- -C G' BONNIE L. PECHART AND THOMAS IN THE COURT OF COMMON PLEAS OF PECHART PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1432 CIVIL ACTION LAW AIMEE DEARMENT AND LEE MICHAEL DEARMENT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 06, 2007 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mandan, Jr., Esq I lift Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 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 kw )o VXY ?5 w gp IN 9 1 .Z Hd £Z 8VW LOOZ AdVIQ aUn LO-'-'d BIKl J0 v? BONNIE L. PECHART and THOMAS PECHART, Plaintiffs vs. AIMEE DeARMENT and LEE MICHAEL DeARM ENT, Defendants STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1432 Civil Term IN CUSTODY AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the court shall enter the attached Order to resolve the matters of custody raised in the petition filed by the Plaintiffs in this matter. S el L. des Sa I L. A s ?G ce D'Alo ti S 1-oj Bonnie L. Pechart Thomas Pechart Aimee DeArme t L- ich el eArrnent Co _z 77 APR 2 4 2007 BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL ) DeARMENT, ) Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1432 Civil Term IN CUSTODY ORDER OF COURT yh AND NOW, this X? day of _ Not*,\ , 2007, upon the agreement of the parties as expressed in their written stipulation which is attached to this Order, we hereby order and decree in this matter as follows: 1. The Plaintiffs Bonnie L. Pechart and Thomas Pechart shall have physical custody of the child who is the subject of this action, Noah DeArment, born 1 November 2001, every weekend from Saturday at 9:00 a.m. until Monday at 9:00 a.m. In addition, they shall have physical custody of the child for up to two weeks each year for purposes of vacation. Further, they shall have such additional periods of physical custody of the child as the parties to this action may agree in the future. 2. During the times that Bonnie L. Pechart and Thomas Pechart have physical custody of the child, they shall have all rights and responsibilities for legal custody of the child as well, including the right to make decisions regarding his medical treatment and health care, on the condition that, in the event of an emergency which requires them to exercise their rights of legal custody, they shall promptly notify and consult with child's parents, the Defendants. 3. The parties are directed to cooperate with each other to implement and follow the terms of this order in an effort to provide for the best interests of the child. BY THE COURT, %k . --? ??a 1? J. DISTRIBUTION: vola,muel L. Andes, Esquire (Attorney for Plaintiffs) 525 North 12m Street, P.O. Box 168, Lemoyne, PA 17043 J Grace D'Alo, Esquire (Attorney for Defendant, Aimee DeArment) L,pgal Services, 401 Louther Street, Carlisle, PA 17013 e Michael DeArment, pro se 1866 Copenhaffer Road, Dover, PA 17315 7,0 -6 WV 5Z 88V LODZ I HVIU vU -1,U 1d -Hl. ?O 301.:IUO-{13113 J WP BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1432 Civil Term IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and petition the court to modify its order of 25 April 2007 and to grant them full legal and physical custody of the minor child, who is the subject of this action as follows: 1. The Petitioners herein are the original Plaintiffs. They are the paternal grandparents of the child, Noah DeArment, born 1 November 2001, and currently six years of age, who is the subject of this litigation. 2. The Respondents are Aimee DeArment and Lee Michael DeArment, the Defendants. Their current address is 1388 Simpson Ferry Road in New Cumberland, Cumberland County, Pennsylvania. 3. By an order dated 25 April 2007, this Court, by the Honorable M.L. Ebert, Jr., Judge, granted Plaintiffs periods of partial or temporary physical and legal custody of the child, Noah DeArment. The court did that on the Stipulation of the parties which was reached after Plaintiffs commenced this action seeking such an award. 4. Since the entry of that order, circumstances have changed significantly which require further action to protect the interests of the child. Those circumstances include: A. The Defendant Aimee DeArment is addicted to illegal drugs and has become further involved with them and has engaged in related criminal activity. Petitioners believe that she has taken the child with her on trips to purchase drugs, has taken drugs in the child's presence, and has allowed the child to be exposed to drug addicts and other criminals. n B. The child's father, the Defendant Lee Michael DeArment has demonstrated an inability to control the conduct of Aimee DeArment in such a way as to protect the child from her illegal and irresponsible conduct. C. The Defendants have been unable to provide properly for the child, have left him alone for various periods of time, and have exposed him to serious criminal conduct. D. The conduct of the Defendants described above has had an adverse effect upon the child. Not only has the child been exposed to illegal drug activity and been left alone for periods of time, but the child has developed a nervous reaction to the instability of the Defendants' home. 5. Plaintiffs have been involved with the child for most of his life and, on several occasions in the past, the child has resided in their home and in their custody. Plaintiffs are well able to care for the child and meet his reasonable needs. WHEREFORE, Plaintiffs pray this court to modify its order of 25 April 2007 and to award them primary physical and legal custody of the minor child, Noah DeArment, born 1 November 2001. Sa uel L. An s Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 Jor .r I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). /$?/ Date: BONNIE L. PECHART 0 1 APR 2 4 2007 BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. '07-1432 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this X? day of _ AQi.\ , 2007, upon the agreement of the parties as expressed in their written stipulation which is attached to this Order, we hereby order and decree in this matter as follows: 1. The Plaintiffs Bonnie L. Pechart and Thomas Pechart shall have physical custody of the child who is the subject of this action, Noah DeArment, born 1 November 2001, every weekend from Saturday at 9:00 a.m. until Monday at 9:00 a.m. In addition, they shall have physical custody of the child for up to two weeks each year for purposes of vacation. Further, they shall have such additional periods of physical custody of the child as the parties to this action may agree in the future. 2. During the times that Bonnie L. Pechart and Thomas Pechart have physical custody of the child, they shall have all rights and responsibilities for legal custody of the child as well, including the right to make decisions regarding his medical treatment and health care, on the condition that, in the event of an emergency which requires them to exercise their rights of legal custody, they shall promptly notify and consult with child's parents, the Defendants. 3. The parties are directed to cooperate with each other to implement and follow the terms of this order in an effort to provide for the best interests of the child. BY THE COURT, DISTRIBUTION: V950'muel L. Andes, Esquire (Attorney for Plaintiffs) 525 North 121h Street, P.O. Box 168, Lemoyne, PA 17043 Grace D'Alo, Esquire (Attorney for Defendant, Aimee DeArment) icOpal Services, 401 Louther Street, Carlisle, PA 17013 e Michael DeArment, pro se 1866 Copenhaffer Road, Dover, PA 17315 t9 't CN Nli v BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1432 Civil Term IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and petition the court for emergency relief in the above matter, based upon the following: 1. The Petitioners herein are the Plaintiffs. The Respondents herein are the Defendants. 2. Plaintiffs are the paternal grandparents of the child who is the subject of this litigation, Noah DeArment, now age 6, born 1 November 2001. 3. Plaintiffs have been extensively involved in the child's life since his birth. On several occasions the child has lived with them, in their home and in their custody. Moreover, the Plaintiffs have been awarded periods of custody of the child by this Court, in the present action, by the Court of Common Pleas of York County in an action there. 4. Plaintiffs seek an award of immediate physical and legal custody of the minor child to protect his best interests, for the following reasons: A. The mother of the child, Aimee DeArment is addicted to illegal drugs. She purchases drugs from criminals, associates with criminals, and has depleted the assets of both Defendants to continue her drug consumption and feed her drug habit. B. As a result of the conduct of the Defendant Aimee DeArment, the child has been neglected and left alone at the home without proper supervision on several occasions. r C. As a result of the conduct of the Defendant Aimee DeArment, Plaintiffs believe the child has been exposed to criminal transactions, such as the purchase and sale of illegal drugs, and criminal persons and elements. Plaintiffs believe that Aimee DeArment has taken the child with her on the occasions when she purchases illegal drugs. Plaintiffs believe those drugs include cocaine, crack cocaine, and other illegal drugs. D. The Defendant Lee Michael DeArment has been unable, or unwilling, to control the conduct of his wife Aimee DeArment. As a result, he has failed to intervene to protect the child from the illegal and dangerous conduct of Aimee DeArment. E. Plaintiffs believe, from some of the comments made by the child, that the child has seen his mother purchase and consume illegal drugs and has been exposed to other drug addicts and other criminals when with his mother. F. Over the past few months, the child has manifested nervous twitches, stuttering, and other obvious signs of distress which Plaintiffs believe are caused by his continued presence in the home of the Defendants. 5. Plaintiffs believe that the child is in imminent danger as long as he continues to reside with the Defendants, primarily because of the drug habits and illegal conduct of Aimee DeArment and the inability of Lee Michael DeArment to control his wife and protect the child. 6. In the past, when threatened with custody actions, Aimee DeArment has taken the child out of the Commonwealth of Pennsylvania and attempted to conceal the whereabouts of the child from the child's father, Lee Michael DeArment and the Plaintiffs. Plaintiffs are concerned that, if Aimee DeArment becomes aware of their filing of this Petition before some order is entered to protect the child she may, again, attempt to flee the jurisdiction of this court with the child. 7. Plaintiffs are ready and able to provide for the child to protect him from the illegal, immoral, and otherwise improper conduct of both of the Defendants. r WHEREFORE, Plaintiffs petition this court to award them temporary legal and physical custody of the child Noah DeArment, born 1 November 2001, pending further order of court. Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) BONNIE L. PECHART, being duly sworn according to law, deposes and says that she is the Plaintiff herein and that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. - ?g'? r/ Bonnie L. Pechart Sworn to and subscribed befor me this 16tK day of , 2007. Notary 01blic. AMY M. MAgKMW WTAAYPAW • L wwo., CUMOMAW M1f M E1MM1 . M?rw w?rw.r. JAW OMM "MTCM AOMW .M YMA, ,J? .8 AM e?.INAIAC?? YM c?J 1 v tz ?V V Q R C5 M !;J ,f Q C)m BONNIE L. PECHART and IN THE COURT OF COMMON PLEAS OF THOMAS PECHART, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 07-1432 CIVIL AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants IN CUSTODY ORDER OF COURT AND NOW, this 21St day of November, 2007, upon consideration of the Plaintiffs' Petition for Emergency Relief, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Thursday, December 20, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. IT IS FURTHER ORDERED AND DIRECTED that pending the hearing, this Court's previous order of April 25, 2007, shall be strictly adhered to. Defendants are specifically ordered that they shall not remove the child from the Commonwealth of Pennsylvania. ASamuel L. Andes, Esquire Attorney for Plaintiffs e Michael DeArment J ?A-rmee DeArment \ Defendants J 1388 Simpson Ferry Road New Cumberland, PA 17070 bas ?Grace b' RLO By the Court, - \N* %t U4 M. L. Ebert, Jr., J. Z 1 :6 WV 9Z AON LODZ ht3 'j t t? ,.,, J :;.Ili O joi i-0- P ~ BONNIE L. PECHART AND THOMAS IN THE COURT OF COMMON PLEAS OF PECHART PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-1432 CIVIL ACTION LAW AIMEE DEARMENT AND LEE MICHAEL DEARMENT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 21, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 02, 2008 at 11:00 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 the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY /s/ ohn . Man an r. Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1.990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1.7013 Telephone (717) 249-3166 V? GP, Cam' Of -1/ LO- o£ • /J `' ? •? ?`?? Qv? ?k??? ??13JG BONNIE L. PECHART and THOMAS PECHART, Plaintiffs VS. AIMEE DeARMENT and LEE MICHAEL DeARMENT, Defendants PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1432 Civil Term IN CUSTODY Please withdraw the Petition to Modify Custody Order and the Petition for Emergency Relief filed by the Petitioners, Bonnie L. Pechart and Thomas Pechart on 20 November 2007. 5 December 2007 Samuel L. Andes" Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 C c AT' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA- Plaintiff vs. ROBERT DOUGLAS Defendant No.: 07-1956-CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I. D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05595807 ... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No.: 07-1956-CIVIL ROBERT DOUGLAS Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subs ribed before me this day of No ' NO ARY P C WELTMAN, WEINBERG & REIS CO., L.P.A. By: 1, t d-- ) William T. Molc a Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05595807 C?i?d?u??wlfv ? h Vr k-jU1 vSyLVAN1A CityOf Ptftburgh,Akgi.,A,yCOY My COrni-r esim Expire:: Ji.iy 15, 2010 klu,nW-, Fi nnsylvanla As,,,;- ,ai,un of Pjolad" 04 t' -r t 144 Lit V + ? tsJ _ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Resurgent Capital Services, L.P. VS. Jamie L. Bollinger and John/Jane Doe No. 07-2148 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Steven K. Eisenberg, Es (Name and Address) 261 Old York Road, Ste. 410 The Pavilion, Jenkintown, PA 19046 (b) for defendants: Matthew J. Eshelman, Esq. (Name and Address) P.O. Box 1080, Camp Hill, PA 17001-1080 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Steven K. Eisenberg, Esq. 4175736 Print your name Plaintiff Attorney for Date: 12/5/2007 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is resisted. ?? ' ?? `? ? T c? .,,.a .._ _? ? ,?> ? , ?.? ?+ ?s • L? ?t.?e `' ...? ?? ?h.? "`? Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive. Harrisburg, PA 17109 (717) 657-4795 smeiltonaa4 mmglaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. MILLER, Plaintiff V. LINCOLN S. MILLER Jr., Defendant No. 07-2170 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this 6th day of December, 2007, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Jennifer L. Carl, paralegal at Daley Zucker Meilton Miner & Gingrich, LLC, who being duly sworn according to law, deposes and says that on May 30, 2007, she mailed a certified and reinstated copy of a Complaint in Divorce to Lincoln S. Miller, Jr., 913 Peachtree Drive, Mechanicsburg, PA 17055-7504, by restricted delivery, certified mail no. 7004 2890 0001 3911 0544, return receipt requested, and the same was received on May 31, 2007 by him, as indicated by the return receipt card which is attached hereto. Je ife L. Carl Sworn to and subscribed before me this 6th day of Dece er, 2007. Notary Public (SEAL) w1?s OF PENNSYLVANIA RIAL SEAL Gloda I++II Rine, Notary Public Loves'- Township, Iaupbin CwV Commission ns NOvanber 15, 2011 J ,lJoniesuc Mail Only: No Insurance Coverage Provided) f-I r-q rM RON oil lie Milli it Q' M All) Pomp $ ; a M ceruned Fee C3 05 / bowft ROOW FOB o ? a ..5 Here rrt (End _ C3 I (Endor 118' equlre e IL Total Postage & Fees $ ° °Cr,nC.....n.J:....! :._I} r, r.-- -- 1.l ?-A so to we Ow rs4JrA. ' 'cant.. ?• B. RGMWd by( i MWW C. ¦ Attodh thie card to the be ok of 14 *mlpWM L-1 N CLSL ?1 / ?7 or on the front K specs permits.. D. Is dMvwy addlass dlFrwlt fiom Nam 11 ? Yes 1. Artlds MdlaMSd ? N YK antes d*my a0m a below: ? No CC) n ?1 3 PeGCJnAYr-c m a c hcu) -? (-6bu iPfl ?. a ?' 0 Rd m A.oalpt for Mwdwdes RfSTR CT16 o a to rl Md a co.D. DELIVM 4. R ld -o/sd t)drwy? OD•a Fb* YYa 2. ppolaNurd?s? t?ow 7004 2890 0001 3911 0544 ?eaallesl?ba? _ _ -- t? t11or'rn . lksOnilrY 7004 t)oaudto tMae ttaesat ?saaws??s a . (i, i BONNIE L. PECHART and THOMAS PECHART Plaintiffs V. AIMEE DeARMENT and LEE MICHAEL DeARMENT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1432 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY C rnm rn rn . ? ao o PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant Aimee DeArment in the above matter, representing her regarding Plaintiffs' Petition for Emergency Relief. DATE: January 10, 2012 Amy is, Esquire Att for Defendant /oly Supreme Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 BONNIE L. PECHART and : IN THE COURT OF COMMON PLEAS OF THOMAS PECHART : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 1 r"M C_ V. : No. 07-1432 CIVIL TERM :zm sn m > -a ? AIMEE DeARMENT and : CIVIL ACTION-LAW -< ?-- °' --+ LEE MICHAEL DeARMEN T C " Defendants : IN CUSTODY =C) r CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Aimee DeArment, hereby certify that on January 11, 2012, I served a copy of my Entry of Appearance by regular, first class mail, to the following address: Samuel Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Respectfully Submitted, LEG 1- 4 ice Date Ztt k H' s, Esquire o r Plaintiff Sup eyCt. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 BONNIE L. PECHART and THOMAS PECHART, Plaintiffs V. AIMEE DEARMENT, Defendant Prior Judge: M.L. Ebert, Jr., J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1432 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 1 S day of February 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Court hearing currently scheduled for 02/06/12 is hereby generally continued for a period of sixty days from the date of this Order. In the event neither party contacts the Court to schedule a hearing within the time frame, the petition is deemed to be DISMISSED. 2. Legal Custod : The Grandparents, Bonnie and Thomas Pechart, shall have primary legal custody of Noah DeArment, born 11/01/2001. The Grandparents shall have the right 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. The Grandparents specifically have the right to engage Noah in an evaluation/assessment with Penn State Hershey Medical Center. However, pursuant to the terms of 23 Pa.C.S. §5309, each party, including Mother,, 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 party. To the extent one party has possession of any such records or infonnation, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information. of reasonable use to the other party. Physical Custody: The Grandparents shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have visitation with Noah on Monday and/or Wednesday from 4:00 pm until 7:00 pm with Grandparents transporting to and from Mother's residence. Mother shall also be permitted to spend lunchtime with Noah at his school. b. Mother shall have physical custody/visitation of the Child at such other times as the parties may mutually agree. 4. Evaluations and Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. Additionally, Noah shall engage in an assessment/evaluation with Penn State Hershey Medical Center to ascertain what, if any, individual counseling is needed. The parties shall abide by the recommendations of the evaluator. Mother shall continue to engage in her own individual/ D&A counseling until successfully discharged. In the event that Grandparents request an evaluation of Mother if one of Mother's convictions that falls under 23 § 5303 (b) and (c) that requires the appointment of a qualified professional to provide counseling/evaluation, Mother shall do so. The Court shall take testimony from said professional prior to determining an appropriate Order for custody. The non--custodial party shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent: in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. This Order is entered pursuant to 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. Distribution: ?Amy Hirakis, Esquire, The Family Law Center Samuel Andes, Esquire John J. Mangan., Esquire ('7 led e r? t,.J By the Court, BONNIE L. PECHART and THOMAS PECHART, Plaintiffs V. AIMEE DEARMENT, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ PENNSYLVANIA No. 07-1432 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child wiio is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Noah DeArment 11/01/2001 Primary Grandparents 2. An Order of Court issued 04/25/2007, an Order issued December 08, 2011 and a Conciliation Conference was held with regard to this matter on January 20, 2012 with the following individuals in attendance: The Grandparents, Bonnie and Thomas Pechart, with their counsel, Samuel Andes, Esq. The Mother, Aimee DeArment, with her counsel, Amy Hirakis, Esq. 3. The parties agreed to the entry of an Order in the form as attached. h A Date John4KM4/n,Esquire Cust dy encilialor T olL E 1)-U r H C.:.. �NO3 AM #0. C13 CUrMSERLAtiD' =JiNf Y PENNSYLVA 11A BONNIE L. PECHART and ) IN THE COURT OF COMMON THOMAS PECHART, ) PLEAS OF CUMBERLAND Plaintiffs ) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. ) NO. 07-1432 Civil Term AIMEE DeARMENT, ) Defendant ) IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L. Andes, and petitions the court to modify its order of 1 February 2012, based upon the following: 1. The Petitioner herein are the Plaintiffs. The Respondent is the Defendant Aimee DeAnnent. 2. By an order dated 1 February 2012, a copy of which is attached hereto and marked as EXHIBIT A, this court awarded Plaintiffs primary legal and physical custody of their grandson, Noah DeArment, born I November 2001. The Defendant, who is the biological mother of the child, was granted brief periods of temporary custody. 3. Since the entry of that order, the Defendant has not seen the child on a consistent and regular basis. The defendant has been in prison at the York County Prison for approximately four months at the end of 2012 and has been in prison-,there again since sometime in April 2013. 4. Plaintiffs wish to add Heather and Joseph Rodriguez as parties to this action and want the court to award them shared legal and physical custody of the child along with Plaintiffs, who reside at 75 Sarah Drive, Dover, Pennsylvania 17315. Plaintiffs believes that such an arrangement would be in the child's best interest for several reasons, which include: A. Heather and Joseph Rodriguez are close to the child and the child spends time with them at their home. B. When one of the Plaintiffs is not available to care for the child, or to assist him with homework or other activities, Heather Rodriguez is the person who supplies that backup care. C. Mr. and Mrs. Rodriguez function as substitute parents for the child, when Plaintiffs are not available,because the child's biological father is dead and his biological mother is not involved in his life in any helpful or useful way. 5. The child has a strong bond with Mr. and Mrs. Rodriguez and Plaintiffs wish to foster and strengthen that bond. 6. For the reasons set forth above, Plaintiffs believe if is in the best interests of Noah for Heather and Joseph Rodriguez to be added to parties to this action and to be awarded shared legal and physical custody of Noah. WHEREFORE, Plaintiffs pray this court to modify its prior order to award shared legal and physical custody of the child Noah DeAnnent, born 1 November 2001, to Plaintiffs and to Heather and Joseph Rodriguez. Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12`' Street P.O. Box 168 Lemoyne, Pa 17043 -(717) 761-5361 i I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: { ° BONNIE L. ECHART I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: © 13 THOMAS PECHART BONNIE L. PECHART and THOMAS IN THE COURT OF COMMON PLEAS OF PECHART, Plaintiffs CUMBERLAND COUNTY,PENNSYLVANIA V. No. 07-1432 CIVIL ACTION LAW AIMEE DEARMENT, IN CUSTODY Defendant Prior Judge: M.L. Ebert,Jr., J. ORDER OF COURT AND NOW this day of February 2012,upon consideration of the attached Custody Conciliation Report,it is Ordered and Directed as follows: 1. The Court hearing currently scheduled for 02/06/12 is hereby generally continued for a period of sixty days from the date of this Order. In the event neither party contacts the Court to schedule a hearing within the time frame, the petition is deemed to be DISMISSED. 2. Legal Custody: The Grandparents, Bonnie and Thomas Pechart, shall have primary legal custody of Noah DeArment,born 11/01/2001. The Grandparents shall have the right 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. The Grandparents specifically have the right to engage Noah in an evaluation/assessment with Penn State Hershey Medical Center. However,pursuant to the terms of 23 Pa.C.S. §5309, each party, including Mother, 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 party. To the extent one party has possession of any such records or information,that party shall be required to share the same, or copies thereof, with the other parry within such reasonable time as to make the records and information of reasonable use to the other party. 3. Physical Custody: The Grandparents shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have visitation with Noah on Monday and/or Wednesday from 4:00 pm until 7:00 pm with Grandparents transporting to and from Mother's residence. Mother shall also be permitted to spend lunchtime with Noah at his school. b. Mother shall have physical custody/visitation of the Child at such other times as the parties may mutually agree. 4. Evaluations and Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. Additionally,Noah shall engage in an assessment/evaluation with Penn State Hershey Medical Center to ascertain what, if any, individual counseling is needed. The parties shall abide by the recommendations of the evaluator. Mother shall continue to engage in her own individual/D&A counseling until successfully discharged. In the event that Grandparents request an evaluation of Mother if one of Mother's convictions that falls under 23 § 5303 (b).and(c)that requires the appointment of a qualified professional to provide counseling/evaluation, Mother shall do so. The Court shall take testimony from said professional prior to determining an appropriate Order for custody. 5. The non-custodial party shall have liberal telephone contact with the Child'on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 7. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency,the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure,to the extent possible,that other household members and/or house guests comply with this provision. 10. This Order is entered pursuant to 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, J. Distribution: Amy Hirakis, Esquire, The Family Law Center Samuel Andes, Esquire John J. Mangan, Esquire M:co r-Z 1 Q E� � �j _K °. CO (z:> TRUE COPY FROM RECORD In Testimony whereof, I here unto set m and the seal of said Y hand This L_ ur�,,�/Carlisle,Pa, day of!` 20/a? Prothonotary BONNIE L. PECHART and THOMAS IN THE COURT OF COMMON PLEAS OF PECHART, Plaintiffs CUMBERLAND COUNTY,PENNSYLVANIA . . V. No. 07-1432 CIVIL ACTION LAW AIMEE DEARMENT, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr.,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Noah DeArment 11/01/2001 Primary Grandparents 2. An Order of Court issued 04/25/2007, an Order issued December 08;2011 and a Conciliation Conference was held with regard to this matter on January 20,2012 with the following individuals in attendance: The Grandparents, Bonnie and Thomas Pechart, with their counsel, Samuel Andes, Esq. The Mother,Aimee DeArment, with her counsel, Amy Hirakis, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John . M. , Esquire Cust dy onciliator BONNIE L. PECHART AND THOMAS IN THE COURT OF COMMON PLEAS OF PECHART r., PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIN, r' V. 2007-1432 CiViL ACTION LAW ems- < =:ZZ AIMEE DEARMENT . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,June 05,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,July 16,2013 2:30 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john J. Mangan,Jr., Esq.,e Custody Conciliator Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT.AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 o De Telephone (717) 249-3166 BONNIE L. and THOMAS PECHART and : IN THE COURT OF COMMON PLEAS OF HEATHER and JOSEPH RODRIGUEZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 07-1432 CIVIL ACTION LAW AIMEE DEARMENT, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr„ J. `` ORDER OF COURT 1Ca AND NOW this day of July 2013,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Grandparents, Bonnie and Thomas Pechart, and aunt and uncle, Heather and Joseph Rodriguez shall have shared legal custody of Noah DeArment,born 11/01/2001. The Grandparents and aunt and uncle shall have the equal right 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. The Grandparents and aunt and uncle specifically have the right to engage Noah in an evaluation/assessment with Penn State Hershey Medical Center. However,pursuant to the terms of 23 Pa.C.S. §5309, each party, including Mother, 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 party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 2. Physical Custody: The Grandparents, Bonnie and Thomas Pechart, and the aunt and uncle, Heather and Joseph Rodriguez, shall have shared physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody/visitation of the Child at such times as the parties may mutually agree. 3. Evaluations and Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. Additionally,Noah shall engage in an assessment/evaluation with Penn State Hershey Medical Center to ascertain what,if any, individual counseling is needed. The parties shall abide by the recommendations of the evaluator. Mother shall continue to engage in her own individual/D&A counseling until successfully discharged. In the event that Grandparents or aunt/uncle request an evaluation of Mother if one of Mother's convictions that falls under 23 § 5303 (b) and (c) that requires the appointment of a qualified professional to provide counseling/evaluation, Mother shall do so.. The Court shall take testimony from said professional prior to determining an appropriate Order for custody. 4. The non-custodial party shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parties shall arrange the holiday schedule as'mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation,the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure,to the extent possible, that other household members and/or house guests comply with this provision. 9. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must.follow the procedures required by 23 Pa.C.S. §5337. 10. This Order is entered pursuant to 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. Nothing in this Order shall prevent Mother from asserting her custodial rights when, or if, Mother is able to do so. By the Court, Distribution: ; vleather and Joseph Rodriguez, 75 Sarah Dr., Dover,PA 17315 U, ra ./Samuel Andes, Esquire Aimee DeArment, Inmate# 78246, 3400 Concord Rd.,York, PA 17402 -ea CD John J. Mangan, Esquire 13 0� BONNIE L. and THOMAS PECHART and : IN THE COURT OF COMMON PLEAS OF HEATHER and JOSEPH RODRIGUEZ CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. No. 07-1432 CIVIL ACTION LAW AIMEE DEARMENT,, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr.,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Noah DeArment 11/01/2001 Primary Grandparents 2. An Order of Court issued 04/25/2007, an Order issued December 08, 2011, a Conciliation Conference was held with regard to this matter on January 20, 2012, an Order issued February 01, 2012 and a conference was held July 16, 2013 with the following individuals in attendance: The paternal Grandparents, Bonnie and Thomas Pechart, with their counsel, Samuel Andes, Esq. The paternal aunt and uncle Heather and Joseph Rodriguez The Mother,Aimee DeArment, did not appear 3. The parties agreed to the entry of an Order in the form as attached. 7 Date John/. M gan, Esquire Cu ody,/Conciliator