HomeMy WebLinkAbout02-1281CHRISTINA M. TEMES
PLAINTIFF
Vs.
ROBERT A. TEMES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.2002-I.b°! CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUSTODY AND PETITION TO
ESTABLISH JURISDICTION
1. Plaintiff is Christina M. Temes, an adult individual, currently residing at 111
South Walnut Street, Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Robert A. Temes, an adult individual, currently residing at 8838
Dove Cove Drive, Las Vegas, Nevada 89129. Plaintiff seeks custody of the following
child: Hunter Moore O'Riley Temes, age 1, born Mamh 12, 2001, at Holy Spirit
Hospital, Camp Hill, Pennsylvania..
The child was born while the parties were married.
The child is presently in the primary custody of the Plaintiff.
During the past five years, or since the child's birth, he has resided with
the following persons at the following addresses:
(a) From his birth to the age of two months with the Plaintiff and her
family in Mechanicsburg, Cumberland County, PA.
(b) The Plaintiff and Hunter joined her husband and they all lived in
Huxley, Iowa until mid September, 2001.
(c) From mid September until mid December, 2001, the parties moved
temporarily to Las Vegas. The Plaintiff and Hunter separated from the Defendant to
reestablish their home in Pennsylvania in mid December, 2001 and they have remained
at their current address since that time.
4. The relationship of the Plaintiff to the child is that of natural mother. She and
Hunter reside with her mother, Karen Garrett, stepfather, Jeff Garrett and sister,
Michelle Brunner.
5. The relationship of the Defendant to child is that of natural father. He resides
with his parent's Janet and Marlin Temes.
6. The Defendant has recently filed a pro se divorce and custody action in
Nevada, a copy is attached hereto. Plaintiff in the instant action seeks to establish
jurisdiction in Pennsylvania as the child's home state and alleges the following.
(A) Hunter has spent in excess of five months of his first year of life in
Pennsylvania and less than three months in Nevada. The parties move to Nevada was
a temporary move and the Plaintiff left Nevada with the consent of the Defendant to
reestablish a home in Pennsylvania. At the time of the separation it was planned that
the Defendant would join the Plaintiff and Hunter in Pennsylvania. After her return to
Pennsylvania the Plaintiff determined that the marriage was irretrievably broken and
told the Defendant she no longer wanted to live with him.
(B) The Defendant has a transient life style in that he is an over the
road truck driver. The parties frequent moves were occasioned by the Defendant's
demands and there is a good chance that he will leave Nevada.
(C) The parties have no family members in Nevada and the Plaintiff
and Hunter have the support of her parents and other friends and family in Cumberland
County. Accordingly, there is substantial evidence concerning the future care,
protection, training and personal relationships relating to Hunter in Pennsylvania.
(D) Pennsylvania has substantially more elements supporting home
state jurisdiction than Nevada and it is in the best interest of Hunter that the Court of
Cumberland County establish jurisdiction to determine matters relating to his care and
custody.
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.
7. The best interest and permanent welfare of the child will be served by
granting the relief requested because:
(a) The Mother has always been the primary caretaker of Hunter.
(b) The Father has a transient life style and no real fixed abode.
8. 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. All other persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this action and
the right to intervene.
NAME ADDRESS BASIS OF CLAIM
None
WHEREFORE, Plaintiff requests your Honorable Court to:
A) grant primary legal and physical custody of the child to the
Mother;
B) establish a visitation schedule for the Father;
C) grant such other relief as is just and in the best interest of the
child.
D) set a court hearing to establish jurisdiction in Pennsylvania.
Respectfully submitted,
Date:
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
(717) 249-6873
rob/domesticJtemes.cus
I verify that the statements made in the foregoing Complaint for
Custody and Petition to Establish Jurisdiction are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
Christina M. Temes
. cc,2-. . District Court
0 S+,"Jc"- ,'voc~ r, e "~-~,,',o,eS
Defend,mt.
CLARK COUNTY~ NEVADA
Case No.
Dept. No.
D281194
JOINT PRELIMINARY INJUNCTION
NOTICE! THIS INgUNCTION IS EFFECTIVE UPON THF~ PARTY REQUF~TING SAME WHEN ISSUED AN~
AGAINST THE OTHER PARTY V*~IEN SERVED. THIS INJUNCTION SHALL la _I~fAIN IN EFFECT FROI~
THE TIME OF ITS ISSUANCE UNTIL TRIAL OR UNTIL DISSOLVED OR MODIFIED BY THE COURT.
DISOBEDIENCE OF THIS INJUNCTION IS PUNISHABLE BY CONTEMPT.
TO: Plaintiff and Defendant:
YOU ARE HEREBY PROtHBITED AND RESTRAINED FROM:
1. Transferring, encumbering, concealing, selling or otherwise disposing of any of your joint, common or
community property, except in the usual course of business or for the necessities of life, without the written
consent of the parties or the permission of the court.
2. Molesting, harassing, disturbing the peace of or committing an assault or battery upon your spouse or your child
or step-child.
3. Removing any child of the parties then residing in the State of Nevada with an intent or effect to deprive the court
of jurisdiction as to said child without the prior written consent of the parties or the advance permL~sion of the
Submitted
SHIRLEY B. PARRAG ,~UIl~,, CLERK OF ~C..~URT
By: UNDA t,'~,:,:;-~ ', ',~'~Z - V/EBB
By~ Clark County Family Court
(SIGNATURE) 601 N. Pecos
Lns Yegns~ NV 8~101
STAT/~ OF )
' A~'[~oAVIT OF SERVICE
.., , being duly sworn, says: That ail time herein affiant was and is a
c~ of the Uni~i States, over 18 years of age, not a party to nor interested in the proceeding in which this affidavit is made.
Thnt_ affiallt rw. eived a copy of the Joint Prellmlnnry Injunction on the. day of ,. and
served the same on the day of , __ by:
(Affiant must complete the appropriate paragraph)
Deliv .et~m~ and leaving a copy with the Plaintiff/Defendant
addr~s): _at (state
Servin~ the Plaintiff/Defendant
and le~vin8 a copy with by personally delivering
, n person of suitable age and
discretion residing at the Phlath'~'/Defeadant's usual place of abode located at (state address):
SU~SOm~ AND SWORN to before me this
day of
Signature of person making service
~OTARY PUBLIC in and for said County and State
My commission expires:
[SEAL)
District Court
CLARK COUNTY. NEYAD&
o
. u ~ ~
Dept. No.
SUMMONS
NOTICE! YOU HAVE Bl/i~q SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEIN¢
l~&RD UNLESS YOU RESPOND wrrFffN 20 DAYS. READ ~ INFORMATION BELOW.
TO TIlE DEFENDANT(S): A civil Complaint b~s been filed by the Plaintiff(s) agnlnst yOU for the relief set forth in th.
Complaint.
1. If you ~ntend to def~l~i tbi8 lawsoit, within ~ ~ys ~r thi, ~mmo~ is ~ on you, exclmive of~ Oy c
s~i~, y~ rsust do ~e follo~:
1. File wi~ ~ Cl~rk of ~s Co~, whose ~ is ~o~ ~low, a fo~ ~i~n ~ ~ ~
C~p~ ~ ~o~ ~ ~e ~ of ~e Co~, ~ ~e ~r~ ~g f~.
2. S~e a c~y of yo~ ~ u~n ~e aRo~y who~ ~ ~ ~&ess is ~o~ ~low.
2. Unless you respond, your default will be entered upon application of the Plnlntiff(s) and this Court may enter
judg~nent against you for the relief demanded in the Complaint, which could result in the taking of money or property c
other relief requested in the Complaint.
3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your respom
may be filed on time.
4. The State of Nevada, its political subdivisions, agencies, officers, employees, board members, ¢ommi-~gio
members and legislators, each have 45 days after service of this Stzmmolls within which to file an Answer or othe
responsive pleading to the Corspl&int.
Submitted by:
City/Sml~JZlp:
Attorney for:.
By:
SK~IJty B. PARRAGUIRRE, CLERK OF COUR[
,..,i'~;JA MARTtNET/~--~
Family Court Complex
601 North Peeos Road
Las Vegas, NV 89101
NO~i'E: ~ sm-vice is by publication, ~dd a brief S~Ill~D~
See Rules of' Civil Procedure 4Co)~ - of lac o~t,~f of the act/on.
Revisml 7/~9/Ji
STATE OF. )
* )ss:
COUNTY OF )
AFFIDAVIT OF SERVICE
, being duly sworn, says: That at all times herein affiant was and is a citize
of the United States, over 18 years of age, not a party to nor interested in the proceeding in which th~ affidavit
m~de. That Lfrmnt received copy(ies) of the Summons and Complaint,
Oil the ,,
day of,, , ~ and served the same on the day of
, by:
-- (Affiant must complete the appropriate paragraph)
D~iverin5 and leaving a copy with the Defendant
(~tate addren)
2. Se'ring the Defendant _ by persomily deltvefl~ and leavina a cop
with . , , a person of suitable age and discretion residing at th
Defendant s usual place of abode located at: (state address)
(Use paragraph 3 for service upon agent, completing A or B)
Serving the Dd'andant b~ personally delivering and itaving a cop
at (state address)
a. With proce~ , an agent lawfull
designated by statute to accept service of
b. With .. , p.mm~n, t to NRS 14.020 as a person of suitable age an
discretion at the above addr-~s, which aaaress m the addre~___ of the resident agent as shown on t~
current certificate of desJ?ation filed with the S~cretary of State.
4. Personally depositing a copy in a marl box of the United States Post Omce, enclosed in a sealed envelope, postM
prepaid (Check appropriate method): .
addpm~ to the Defendant
is (state address)
I~ Ordinary mail
[~ Certified marl, mum receipt requested
[] Registered mall, return receipt requested
at Defendant's last known address whic
SUBSCRIBED AND SWORN to before me thi~
day of
Notary Public in and for the
County of,,
State of Nevada
Signature of person maidna service
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COMD
(Your name)~
(Address') ~'~',~"i~' ./~,~c/~ ~ oc)~ O~C
~ Proper Pe~on
DISTRICT COURT
CLARK COUNTY, NEVADA
)
Plaintiff, )
)
Defen~t, )
)
CASE NO.:
DEPT. NO.:
94
COMPLAINT FOR DIVORCE
COMES NOW Plaintiff, (your name) ,~ _~b('~.l'"~L T_I~J~ ,in Proper
Person as and for a Complaint for Divorce against Defendant, and alleges as follows:
1. That Plaintiff, for a period of more 'than slx weeks immediately preceding the filing of
this action, hn8 been and now is an actual, bona fide resident of the State of Nevada, County of
Clark, and has been actually physically present and domiciled in Nevada for more than six (6) weeks
prior to the filing of this action.
2. That Plaintiff ~nd Defendant were married on the (day) ~
day
of
(month)
/~],~_.~ ,(year) /~q9 in (cit~ and state ofwedding) LOQ.~ /~a~?/~'~/'/C~ /
, and have been and still are husband and wife.
3. That there are (number) ~ minor children who are either the issue of this
marriage or have been adopted by the parties a~,d (cimle one) Plainti~s not
currently
pregnant. The nnme(s)and date(s)of birth of the child(mn)are: (name)~~()~.~/Y~IF)J~ (--,)'~l~
,( ateofb ) 3/l&/O! ;(name)
(C) Ch~ County Family Law Self-Help Center
ILquary 2, 2001
ALL lUGHT$ RF~E~RV~D
Com~.3vflxt (#16)
Please call tho ~clf-Holp Center to confirm mos~ currant ve~.
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minor child(ren).
, (date of birth) ; and (name).
, (date of birth)
(CHECK ONLY ONE BOX)
The parties are fit a~d proper persons to be awarded joint legal custody of the
OR
[ ] (Circle one) Plaintiff/Defendant is a fit and proper person to be awarded sole
legal custody of the minor child(ren).
5. (CHECK ONLY ONE BOX)
[ ] The parties are fit and proper persons to be awarded joint physical custody of the
minor child(ten). Plaintiff should have visitation as follows: (must have days and times)
Defendant should have visitation as follows: (must have days and times).
OR
~]~Circle one~efendant is a fit and proper person to be awarded primary
physical custody of the minor child(mn). (Circle one) Plalnti~should have visitation as
follows: (must have day~ and times)
OR
[ ] (Circle one) Plaintiff/Defendant is a fit and proper person to be awarded sole
physical custody of the minor child(ren).
6. That the holiday visitation, when in conflict with thc above, will take precedence, and
should be as follows: (must specify days and times)
O Clark County Family Law Self-Help Center
~tauary 2, 2001
ALL RIGHTS RESERVED
call tl~ Scl f-~-Ielp C~nl~r m confirm mo~t currant vm~io~.
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For each of the holidays listed below, Plaintiff should have visitation in the even-numbered
years and Defendant should have visitation in the odd-numbered years:
¢.
until
until
from
from
For each of the holidays listed below, Defendant should have visitation in the even-numbered
years and Plaimiff should have visitation in the odd-numbered years:
a. C ~ ~_-'['- (~-,,_ from
~om
from
b:
from
until
Plaintiff should have visitation every year for the following holidays:
a. from
until
until
from
bo
O Cl~rk Couaty ~'~mily law ,~1 f-Help C~nmr
J~rm~, 2. 2001
ALL RIOHT~ I~$RRVI~D
from
ComV,.p~.3wpd (#~6)
call thc Self-Help Ccnlcr to confirm m~ current
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until
d, from
until
Defendant should have visitation eveD, year for the following holidays:
a. from
until
until
from
C. from
until
d. from
until
7. That (circle one) Plaintiff/Defendant should pay child support in the amount of
(amount) Sc 2 ~_ '~er month as and for child support; '~.4~ %
(CHECK ONLY ONE BOX)
'~ That the amount of child in 7 is in
support
paragraph
compliance
with
NRS
125B.070 and is (circle one~25%/29% of (circle one)Plaintiff's/Defendant's gross monthly
income;
OR
[ ] That under the statutory formula, (circle one) Plaintiff/Defendant would be
obligated to pay (amount) $ per month for child support. That amount should be changed
because (please see NRS 125B.080 fo~/ the only reasons that you can deviate from the formula)
This amount of child support meets the child(ren)'s financial needs;
O Clagt County Family Law .~lf, Hidp Center
lanul~,y 2, 200 I
ALL RIGHTS K.~ERVED
t
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10,
That (circle one~efendant should maintain medical and dental insurance
for the minor child(ren), if available. Any deductibles and expenses not covered by
insurance should be paid by equally by both parties.
(CI-IECK ONLY ONE BOX)
[~ That there is no community property to be adjudicated by the Court.
OR
[ ] That there is community property which needs to be divided by the Court and
should be divided as follows:
A. To Plaintiff:
B, To Defendant:
1.
There may be additional community assets of the parties, the exact amounts and descriptions
of which are presently unknown to Plaintiff. Plaintiffa~ks permission of this Court to amend this
Complaint to insert this information when it becomes known to Plaintiffor at the time of trial.
I 1. (CHECK ONLY ONE BOX)
[~ That there are no community debts to be adjudicated by the Court.
OR
[ ] That there are community debts which need to be adjudicated by the Court and
should be divided as follows:
~) Cla6c County Family Law Self-Help C~nt~
Sanmu7 2, 2001
ALL RIOHT~ R~$£RV~D
Comkpe,3wpd
Uae o~ly mo~ currant
Please call Ih~ Self-Help C~mer to
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Bo
To Plaintiff:
1.
2.
3.
4.
5.
6.
To Defendant:
1.
2.
3.
4.
5.
6.
There may be additional community debts of the parties, the exact amounts and descriptions
of which are presently unknown to Plaintiff. Plaintiff asks permission of this Court to amend this
Complaint to insert this information when it becomes known to Plaintiffor at the time of trial.
12. (CHECK ONLY ONE BOX)
[~ That neither party should be awarded spousal support.
OR
[ ] That Plaintiff requests spousal support in the amount of $ per month
for (number of years/months) (circle one) months/years.
13. (CHECK ONLY ONE BOX)
[ ] That (circle one that applies to wife) Plai?ff_.~)et~Bdan~)should not have her
fo,,,er or maiden name restored.
~) Clark County Family Law Self. Help Center
January 2, 2001
ALL RIGI-rI~ RESRRVED
OR
Comkln3~l (#16)
Usg only most curront vnn~ion
Please call the ~lf-Help ~ntcr to ~nfl~ m~t c~t v~.
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[ ] That (circle one that applies to wife) Plainti~ould have her former
or maiden name of
r~stored to he~r
oa
[ ] That (circle one that applies to wife) Plaintiff/Defendant never changed her name
and therefore should retain her current name.
! 4. (CHECK ONLY ONE BOX)
]~ That during the course of said marriage, the tastes, mental disposition, views,
likes and dislikes of Plaintiff and Defendant have become so widely divergent that the parties have
become incompatible in marriage to such an extent that it is impossible for them to live together as
husband and wife; that the incompatibility between Plaintiff and Defendant is so great that there is
no possibility of reconciliation between them.
OR
[ ] That the parties have lived separate and apart for more than one year and it is
impossible for them to live together as husband and wife; there is no possibility of reconciliation.
WHEREFORE, Plaintiff prays for a Judgement as follows:
1. That the marriage existing between Plaintiff and Defendant be dissolved and that
Plaintiff be granted an absolute Decree of Divorce and that each of the parties be restored to the
status ora single, unmarried person;
2. That the Court grant the relief requested in this Complaint; and
3. For such othez: relief as the Court finds to be just and proper.
DATED this (day)~ day of (month) , (year) ....
By:
Your signature)
Your name)
(Address)
(Telephone)
///
Plaintiff in Proper Person
~ Cl~f~ County Fimiiy Law Self-Help Cem~r
January 2,
ALL RIGHTS P-.E,S~RVHD
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STATE OF NEVADA
COUNTY OF CLARK
(Your name) Q,o~¢-/-
deposes and says:
)
)
)
~-.o~'~.o' I~t~ ~', under penalties of perjury, being first duly sworn
That (circle one)~she is the Plaintiffin the above-entitled action; that (circle one)/l~she
has read the foregoing Complaint for Divorce and knows the contents thereof; that the same is true
of (circle one){~aer own knowledge, except for those matters therein contained stated upon
information and belief, and as to those matters, (circle one)~she believes them to be true.
DATED this ..~ day of (month)/~c.,cc ~ ,(year)
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By:
(Your signaturel ~{5~..~_-'Y"-'~. ~
(Your name) '~~~~~-
SUBSCKIB~ED and SWORN to before
me this ~ day of
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~} Clltk Count~ F~nily Law S~lf-Help Center
Janus/2, 2O01
ALL lUOHT$ R~ERVED
U~e only ~
Pleas~ ¢~11 the $¢lf. Noll~ C~n~r to confirm mo~ cutw. nt v~si~n.
CHRISTINA M. TEMES :
PLAINTIFF :
:
V.
: 02-1281
:
ROBERT A. TEMES
DEFENDANT : IN CUSTODY
:
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
AND NOW, Tuesday, March 19, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 17, 2002 at 3:30 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. 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/
lacaueline M. Vernev. Esa. ~
- ' Custody Conciliator ' 0 '
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 ATrORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
CHRISTINA M. TEMES,
Plaintiff
V.
ROBERT A. TEMES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
: NO. 2002-1281 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this / 9" day of ,~j~,'t ,2002, upon
consideration of the attached Custody Conciliatl'on Report, it is ordered and directed as
follows:
1. Mother, Christina M. Temes, shall have sole legal custody of Hunter
Moore O'Riley Temes, bom March 12, 2001.
child.
Mother, Christina M. Temes, shall have primary physical custody of the
3. Father shall have periods of visitation and partial physical custody as the
parties agree.
4. This Order is entered pursuant to Mother's request at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
i~A. Hess,
cc' obert L. O'Brien, Esquire, ~~~~N/
b counsel for Mother
err A. Temes
8838 Dove Cove Drive ~
Las Vegas, NV 89129 ~'/9 't~, ~--- ~"~
CHRISTINA M. TEMES,
Plaintiff
V.
ROBERT A. TEMES,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
APR 1 8 ZO0
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2002-1281 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
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
Hunter Moore O'Riley Temes March 12, 2001
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on April 17, 2002. The
following people were present at the conference: Mother, Christina M. Temes was
present with her counsel, Robert L. O'Brien, Esquire. Father, Robert A. Temes, although
served with notice of the conference did not appear.
3. Mother requested the entry of an Order in the form as attached.
Date
~l{cqu~line M. Vemey, Esquire
Custody Conciliator