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HomeMy WebLinkAbout04-1749JOYCE L. TRINEN, Plaintiff VS, MICHAEL I. TRINEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes JOYCE L. TRINEN, by her attorney, Samuel L. Andes, and makes the following Complaint for custody based upon the following: 1. The Plaintiff is JOYCE L. TRINEN, who resides at 347 East Meadow Drive in Mechanicsburg, Pennsylvania. 2. The Defendant is MICHAEL I. TRINEN who resides at 347 East Meadow Drive in Mechanicsburg, Pennsylvania. 3. The parties are the parents of one minor child, Sarah Marie Trinen, age 15, born 2 September 1988. 4. The Plaintiff and Defendant are husband and wife, having been married on 6 May 1988. 5. Plaintiff seeks an award of primary legal and physical custody of the minor child for the reasons set forth in her Petition for Relocation which is filed contemporaneously herewith, the averments of which are incorporated herein by reference. 6. The child was not born out of wedlock and is presently in the custody of the Plaintiff. 7. During the past five years, the minor child has resided with the following persons at the following addresses: 1988 to present 347 East Meadow Drive Plaintiff & Defendant Mechanicsburg, Pa 17055 6. The father of the child is the Defendant who resides at the address set out above. He is married to the Plaintiff. 9. The mother of the child is the Plaintiff who resides at the address set out above. She is married to the Defendant. The Plaintiff is the natural mother of the child. Plaintiff currently resides with 10. the child. 11. The Defendant is the natural father of the child. Defendant currently resides with the child. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this court to grant her primary legal and physical custody of the minor child, Sarah Marie Trinen. Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street 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: .IOYCE L. TRINEN : PLAINTIFF : : V. MICHAEL I. TRINEN : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 26, 2004 at 10:30 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 THECOURT~ By: /s/ Dawn S. Sunday. Esq mhc 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 TI~IS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 JOYCE L. TRINEN, Plaintiff VS. MICHAEL I. TRINEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. IN CUSTODY PETITION FOR RELOCATION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Relocation in this matter, for leave to relocate with the child to Beaver County, Pennsylvania, all based upon the following: 1. The moving party herein is the Plaintiff, Joyce L. Trinen. The responding party herein is the Defendant, Michael I. Trinen. 2. The parties are the parents of one minor child, Sarah Marie Trinen, age 15, born 2 September 1988. 3. Plaintiff and Defendant and the child reside in the marital residence at 347 East Meadow Drive. Plaintiff desires to move out of the marital residence and take the minor child with her and to relocate with the child to the home of Plaintiff's family in Beaver, Beaver County, Pennsylvania, for the following reasons: A. Plaintiff and Defendant are not able to pay their existing obligations and their realistic living expenses. As a result of that, they are suffering severe financial problems and hardships which make it impractical for them to maintain their present home and to adequately support their child. B. The Defendant is emotionally abusive of both Plaintiff and the child, which makes it impossible for Plaintiff and the child to continue to reside in the same residence with Defendant. Defendant's abuse consists of threats of violence against both Plaintiff and the parties minor child and actual physical confrontations with the child. C. Both Plaintiff and the child are physically and emotionally afraid of the Defendant because of his abuse of them and the threats he has made to them. D. As a result of the emotional abuse she has suffered at the hands of the Defendant, the child is suffering severe problems. She has recently diagnosed of suffering from depression, her school performance and grads have shown a decline, her social life has declined and she has developed severe anxiety and insecurity. Plaintiff believes the only way to properly address these problems and to provide an adequate and proper home for her daughter is to move from the family residence. She is not able to make that move without the financial and emotional support of her family. 4. Plaintiff plans to move to the home of her parents, Edward and Elsie Deffenbaugh at 26 C Street, Beaver, Beaver County, Pennsylvania. She has arranged employment there and has a safe, secure, and financially affordable place 1[o live. 5. Plaintiff has discussed the matter with the parties' minor child and the minor child wishes to relocate to Beaver and get away from the Defendant. 6. This matter has become urgent because of th,e deterioration in the child's emotional and personal condition. Plaintiff wishes to relocate with the child to Beaver County immediately. WHEREFORE, Petitioner prays this court to approve her relocation, with the child, to Beaver County, Pennsylvania. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street 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). JOYCE L. TRINEN, Plaintiff MICllAEL L TRINEN, Defendant : IN ~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1749 : : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant Michael I Trhaen in the above captioned child custody action. Respectfully submiitted, DALEY ZUCKEI~ & GINGRICH, LLC Cara A. Boyanow~&i,lEsquire Supreme Court ID. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 JOYCE L. TRINEN, Plaintiff MICHAEL L TRINEN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1749 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY APPLICATION FOR SPECIAL RELIEF IN ~ NATURE OF A WRIT OF NE EXEAT Pursuant to Pennsylvania Rule of Civil Procedure 1915.13 and Plowman v. Plowman, 409 Pa. Super. 143, 597 A. 2d 701 (1991), Defendant petitions the court to enter an order as follows: 1. PlaintiffJoyce L. Trinen ("Mother") currently resides at 347 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant Michael I. Trinen ("Father") currently resides at 347 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the parents of one minor child, namely, Sarah Marie Trinen, bom on September 2, 1988. 4. On or about April 22, 2004, Plaintiff filed a Complaint in Custody requesting primary legal and physical custody of the minor child be awarded to her. 5, Concurrent with the filing of the Complaint in Custody, Plaintiff also filed a Petition for Relocation requesting that she be permitted to relocate with the minor child to Beaver, Pennsylvania. 6. Plaintiff averred that the relocation was necessary due to financial reasons and for abuse reasons, i.e., Defendam was emotionally abusive toward Plalmiff and the minor child. 7. Defendant avers that he has never physically or emotionally abused the Plaintiff or the minor child. Defendant believes that a majority of the "emotional abuse" and depression experienced by the minor child revolves around the derogatory comments made by Plaintiff about Defendant to the minor child. 8. Defendant believes that if be and the minor child are able to participate in counseling together and are able to spend time with each other, away from Plaimiff, they will be able to repair their relationship, Obviously, Defendant and the minor child cannot participate in joint counseling iftbe minor child relocates to Beaver, Pennsylvania. 9. Defendant has been advised by Plaintiff that she has already secured a residence and employment in Beaver, Pennsylvania. 10, Defendant believes that Plaintiffis anxious to relocate to Beaver, Pennsylvania, and at the end of the school year, Plaintiffwill leave the Mechanicsburg area with the child and go to Beaver, Pennsylvania. 11. Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991) requires an evidentiary hearing before the custodial parent relocates. See also, Zalenlco v. White, __ Pa. Super.. 701 A.2d 227 (1997). 12. This court has authority to enter an order for a writ of ne exeat pending a Plowman hearing, See Pa. R,C.P. 1915.13 and Explanatory Notes. See also Plowman, 409 Pa. Super. At 152, 597 A.2d at 706 (maintenance of non-primary custodian's relationship with children may be accomplished only fi.the court decides custody before children are moved from jurisdiction). 13. The parties are currently scheduled to appear before Dawn S. Sunday, Esquire, at a custody conciliation conference, on June 16, 2004. Defendant is requesting that Plaintiffbe enjoined from removing the child fi.om the Mechanicsburg area, without his written consent, prior to the custody conciliation conference. WHEREFORE, Defendant, Michael I. Trinan, requests the Court to enter an order enjoining Plaintiff, Joyce L. Trinen, from removing the child from her current residence, unless Plaintiff receives written permission from Defendant prior to doing so, pending the outcome of the June 16, 2004 custody conciliation conference, and/or a Plowman heating, if deemed Respectfully submitted, DALEY ZUCKER & GINGRICH, LLC (/~Cara A~/. B ~, .-.~oyanowsk/, Esquke0~' 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant JUN-03-04 TRU 02:31P~ OffRISTNRS NORTHERST Ffl× NO, 7178385828 P, O1 Jun, 3. 2004 2:50P~ DALE¥ ]UCKER GIN~RICH LLC No.J}81 P. 6/6 JOYCE L. TRINEN, Plaintiff MICHAEL L TRINEN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1749 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT consideration of Defendant's Application for Special Relief, and pursuant to Pennsylvania Rule of Civil Procedure 1915.13 and Plowman v. Plowman, 409 Pa. Super; 143, 597 A.2d 701 (1991), the Court GRANTS the writ of ne exeat, cz ......... :':-': · share &egm uno physical custody of the nnnor c.md. gl. JOYCE L. TRINEN Plaintiff VS. MICHAEL I. TRINEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, this ~ 2~ia~iofn~dered and directed as f~,llo2w0~..4 upon consideration of the attached Custody Co ' ' - , 1. The Mother, Joyce L. Trinen, and the Father, Michael I. Trinen, shall have shared legal custody of Sarah Marie Trinen, born September 2, 1988. Each parent shall have an equal right, to exercised jointly with the other parent, to make all major non-emergency decisions affecting the be Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have periods of custody with the Child as agreed between the parties. 4. The Mother may relocate with the Child to Beaver, Beaver County, Pennsylvania and enroll the Child in the appropriate school district. 5. The parties acknowledge that it is their goal for the Father and the Child to work through individual counseling/therapy in Preparation for joint counseling to repair the Father-Daughter relationship. The Mother shall provide the Father with names of counselors in the Beaver County area for Sarah's individual counseling and the parties shall select the counselor by agreement. The parties shall obtain recommendations from the individual counselors for the Father and Child as to the timing of initiation of joint counseling. The parties shall sign any authorizations deemed necessary for exchange of information between the counselors. 6. The parties shall cooperate in selecting a joint counselor and scheduling joint sessions for the Father and Daughter when recommended by the individual counselom. The Mother agrees to cooperate with and be supportive of the Child's preparation for joint counseling with the Father. 7. The parties agree that this Court will retain jurisdiction over this custody matter despite the M ' ' other s relocation with the Child to Beaver County. 8. Neither party shall do or say anything which may estrange the Child fi.om the other parent, injure the opinion of the Child as to the other parent, or hamper the fi.ce and natural development of the C ' ~ hild s love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Counsel for either party may contact the conciliator to schedule an additional custody conciliation conference upon receipt of recommendations from t]he counselors for the Father and Daughter regarding initiation of joint counseling. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido cc: L:~a A. Boyanowski, Esquire ~ Counsel for Father · -ff'amuel L. Andes, Esquire - Counsel for Mother JOYCE L. TR1NEN Plaintiff VS. MICHAEL I. TRINEN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW IN CUSTODY C.~USTODY CONCILIATION SUMMARy REPORT follows: IN ACCORDANCE WITH CU PROCEDURE 1915 3-8, the undersigned Custo MB.E..,..R_.L_.AND CO.UNTY RULE OF CIVIL · dy Concd~ator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as NAME Sarah Marie Tr/nen DATE OF BIRTH September 2, 1988 CU..~_~__~E__NTLY IN CUSTODY OF Mother/Father 2. A conciliation conference was held on June 16, 2004, with the following individuals in attendance: The Mother, Joyce L. Trinen, with her counsel, Samuel L. Andes, Esquire, and the Father, Michael I. Trinen, with his counsel, Cara A. Boyanowski, Esquire. 3. The parties agreed to entry of an Order in the form as attached. · Sunday, Esquire Custody Conciliator JOYCE L. TRINEN, Plaintiff MICHAEL L TRINEN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1749 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, comes Defendant Michael I. Trinen, by and through his attorney, Cara A. Boyanowsld, Esquire, and respectfully represents: 1. The Defendant/Petitioner is Michael I. Trinen, an adult individual who resides at 808 W. Oak Street, Palmyra, Pennsylvania 17078. 2. The Plaintiff/Respondent is Joyce L. Trinen, an ~utult individual who resides at 35 D Street, Beaver, Pennsylvania 15009. At the time of the custody conciliation conference, Plaintiff/Respondent and the minor child were residing in Mechanicsburg, Cumberland County, In August, 2004, Plaintiff/Respondent and the ~xdnor child relocated to Beaver, Pennsylvania. Pennsylvania. 3. The parties are the natural parents of one minor child, namely, Sarah Marie Trinen, bom on September 2, 1988. 4. On July 9, 2004, The Honorable Edward E. GUido entered an Order of Court awarding Defendant/Petitioner and PlaintiflgRespondent shared h,'gal custody, PlalntiflTRespondent primary physical custody, and Defendant/Petitioner periods of partial physical custody of the minor child, Sarah Made Trinen, as agreed upon between the parties. A tree and correct copy of the order is attached to this petition as Exhibit "A." 5. At the custody conciliation conference, it was agrced that Defendant/Petitioner and Sarah Marie required both individual and joint counseling sessions, to repair the Father/Daughter relationship. 6. Since the date of the custody conciliation conference, Defendant/Petitioner has been participating in individual counseling sessions with Cases/Shi~mvold, of Riegler Shienvold and Associates, in anticipation of participating in joint counseling sessions with Sarah Marie. 7. Since the date of the custody conciliation conference, Sarah Made has only participated in a total of two individual counseling sessions, in anticipation of participating in joint counseling sessions with Defendant/Petitioner. 8. Paragraph Five of the Order of Court reiterates the sentiment that the Father/Daughter relationship is in need of repair and requires the participation of Father and Daughter in both individual counseling sessions, and eventually joint counseling ~;ssions to repair the estrangement. The paragraph further directs PlaintifffRespondent to provide Defendant/Petitioner with names of counselors in the Beaver County area so they can mutually selec~ which counselor shall be hired to counsel Sarah Marie. 9. In September, 2004, the parties hired Dr. Lyuns, to work with Sarah Marie. She attended two counseling sessions with her. 10. In September, 2004, Defendant/Petitioner discovered, through his own actions, that Sarah Marie was no longer participating in individual counseling sessions with her therapist. Plaintiff/Respondent never informed Defendant/Petitioner of this fact. 11. On or about October 6, 2004, around 3:00 p.m., Plaintiff/Respondent contacted Defendant/Petitioner to inform him that she had made an appointment with another counselor for Sarah Made. The appointment was to take place in Beaver, Permsylvania, at 7:00 p.m., on the same day as the telephone call. 12. Defendant/Petitioner was not able to make the appointment with such short notice, and he canceled it. Thereafter, Defendant/Petitioner discovered that the counselor did not know that the reason for the counseling was to reunify Defendant/Petitioner and Sarah Made, and upon learning this, declined to participate in the counseling. 13. Paragraph Five of the Custody Order specifically states that "the parties shall select Sarah Made's counselor by agreement." 14. Plaintiff/Respondent willfully failed to abide by these terms when she unilaterally chose a counselor for Sarah Marie, unilaterally scheduled an appointment for her, and only informed Defendant/Petitioner of these things, atter the fact. 15. Paragraph One of the Order of Court directs the parties to jointly make all major non- emergency derisions affecting the minor child's well being. 16. Since the entrance of the order of court, PlaintiftTRespondent has precluded Defendant/Petitioner from participating in the picking of Sarah h~arie's classes, has failed to provide him with her new telephone number, has precluded him from participating in the picking of extracurricular school activities and failed to provide him with activity calendars or schedules, and has failed to request his input in Sarah Made's joining ora church. 17. Paragraph Eight of the Order of Court directs both parties to refrain from making derogatory comments about the other parent while in the presence oftbe minor child. 18. Defendant/Petitioner is aware of several incid~lts in which Plaintiff/Respondent berated him and belittled him on the telephone, while Sarah Miarie can be heard speaking in the background. 19. Since the entrance oftbe Order of Court, Defendant/Petitioner has been precluded from participating in his child's life in the simplest of ways, i.e., discussing course selection, the joining of extracurricular activities and their schedules, and the pi,:king of physicians and counselors. Additionally, he has been precluded from seeing Sarah Marie for a period in excess of three months or speaking with her by telephone, due to the reunification issue, which remains stagnant due to PlaintiffTRespondent's actions. 20. Defendant/Petitioner believes that without court intervention, he will continue to be precluded from participating in his daughter's life and any hope for a future reconciliation will be destroyed. 21. Defendant/Petitioner is requesting that he be permitted to contact Sarah Marie by telephone once a week, that Plaintiff/Respondent be directed to i%rward to Defendant/Petitioner any and all records, documents, or information pertaining to school grades, extracurricular activity schedules, school functions, etc., within five (5) days ofreccipt of same, and that Plaintiff/Respondent be directed to consult with Defendant/Petitioner prior to hiring any doctors or counselors for Sarah Marie or scheduling any appointments for same. 22. The plalntiff./Petitioner is expected to expend Seven Hundred Fitty ($750.00) Dollars in legal fees and expenses to pursue this contempt action. WHEREFORE, Defendant/Petitioner requests that Plaintiff/Respondent be held in contempt of court, directed to comply with the terms of the Order of Court, dated July 9, 2004, and pay to the Defendant/Petitioner the sum of Seven Hundred Fitly ($750.00) !Dollars in legal fee reimbursement for costs of this action. Respectfully mbmitted, DALEY ZUCKER & GINGRICH, LLC C a A. Boyanow]~ki, Esquire Supreme Court ID. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Defendant/Petitioner VERIFICATION I, Michael I. Trinen, verif~ that the facts and statements contained in the foregoing Petition for Civil Contempt are tree and correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Michael I. Trinen JOYCE L. TRINEN Plaintiff VS. MICHAEL I. TRINEN Defendant ~ T~E COU~.T O~ CO~*V[ON ?LEAS OF CUMBERLAI~D COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~X day of ~ , 2004, upon consideration of the attached Custody Conciliation Rel~ort, i~s ordered and directed as follows: 1. The Mother, Joyce L. Trinen, and the Father, Michael I. Tfinen, shall have shared legal custody of Sarah Made Trinen, bom September 2, 1988. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisio~ regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have periods of custody with the Child as agreed between the parties. 4. The Mother may relocate with the Child to Beaver, Beaver County, Permsylvaaia and enroll the Child in the appropriate school district. 5. The parties acknowledge that it is their goal for the Father and the Child to work through individual counseling/therapy in preparation for joint counseling to repair the Father-Daughter relationship. The Mother shall provide the Father with names of counselors in the Beaver County area for Sarah's individual counseling and the parties Shall select the counselor by agreement. The parties shall obtain recommendations fxom the individual counselors for the Father and Child as to the timing of initiation of joint counseling. The parties shall sign any anthorizations deemed necessary for exchange of information between the counselors. 6. The parties shall cooperate in selecting a joint counselor and scheduling joint sessions for the Father and Daughter when recommended by the individual counselors. The Mother agrees to cooperate with and be supportive of the Child's preparation for joint counseling with the Father. 7. The parties agree that this Court will retain jurisdiction over this custody matter despite the Mother's relocation with the Child to Beaver County. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Ctfild comply with this provision. 9. Counsel for either party may contact the conciliator to schedule an additional custody conciliation conference upon receipt of recommendations from the counselors for the Father and Daughter regarding initiation of joint counseling. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by' mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido Jo cc: Cara A. Boyanowski, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Tes!..mony. v~l~ereof, I here unto.~et my hand ~ the ~ieal of sa~ Court at Carlisle, pa. / JOYCE L. TRINEN Plaintiff VS. IN THE COLIRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW MICHAEL I. TRINEN Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCH JATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915 3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Sarah Marie Trinen The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH September 2, 1988 CURRENTLY IN CUSTODY OF Mother/Father 2. A conciliation conference was held on June 16, 200.4, with the following individuals in attendance: The Mother, Joyce L. Trinen, with her counsel, Samuel L. Andes, Esquire, and the Father, Michael I. Trinen, with his counsel, Cara A. Boyanowski, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire O Custody Conciliator JOYCE L. TRINEN PLAINTIFF V. MICHAEL I. TRINEN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, November 23, 2004 at 2:00 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 tbe court, and to enter into a temporary order. All children al~e five or older may also be vresent 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,. FORTHECOURT. By: Is~ Dawn $. Sut~dayi Esq. 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 DEC 0 2 2004 JOYCE L. TRINEN ' Plaintiff ' VS. ' MICHAEL I. TRINEN · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this __l~--ex~ day of'"'l~,,~lp.,~... _r~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 9, 2004 shall cor[tinue in effect as modified by this Order. 2. The Mother shall make arrangements for the Child to participate in individual counseling for the purpose of addressing issues which have arisen between the Father and the Child from the Child's perspective, to provide an opportunity for the Child to discuss issues of concern with an uninvolved third party, to prepare the Child and assess the Child's readiness to eventually engage in joint counseling with the Father in the future and to communicate with the Father's individual counselor concerning the Child's needs and interests. The Mother shall contact potential counselors on or before December 1, 2004 in order to select a professional as soon as possible. The Mother shall request that the selected counselor contact Casey Shienvold, the Father's counselor, to coordinate and finalize the counselor selection. The frequency of the Child's counseling sessions shall be set by recommendation of the Child's counselor. The Father shall not contact the Child's counselor directly but shall instead obtain any necessary information or communication with the Child's counselor through the Father's counselor. 3. The Father shall neither contact the Child by telephone nor require the Child to contact him by telephone unless such arrangements are made through the involvement and recommendation of the counselors. The Father may continue to communicate with the Child by mail. 4. The parties shall communicate with each other concerning the Child by e-mail, with the exception of emergencies requiring telephone communication. The Mother shall keep the Father informed of all developments concerning the Child through e-mail at least one time per week. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CO Edward E. Guido J. cc: rCeara A. Boyanowski, Esquire - Counsel for Father t,Agamuel L. Andes, Esquire - Counsel for Mother JOYCE L. TRINEN Plaintiff VS. MICHAEL I. TRINEN Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1749 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sarah Marie Trinen September 2, 1988 Mother 2. A conciliation conference was held on November 23, 2004, with the following individuals in attendance: The Mother, Joyce L. Trinen, with her counsel, Samuel L. Andes, Esquire, and the Father, Michael I. Trinen, with his counsel, Cara A. Boyanowski, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator