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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9~-1101 CIVIL
W. LEE ORSTEIN,
PLAINTIFF
BARBARA Z. ORSTEIN,
DEFENDANT
CUSTODY
ORDER OF C;YURor
AND NOW, this ~ day elf ()th/'_ , 1994, in
consideration of the attached Stipulation, it is hereby
ordered and decreed as follows:
1. The provisions of Paragraph 3(a) of the July 6, 1994
Custody Order entered in the above roatter shall be deleted and
in lieu thereof the following new Bubpa=agraph 3(a) shall be
inserted:
(a) The father shall have at his residence at
416 Hillside Drive, New Cumberland, Pennsylvania,
the portable air filtration system Honeywell model
number F59A, console portable unit, and shall have
said filtration system running and operational at
least one hour prior to the children's arrival for
his partial custodial periods and at all times
during the said partial custodial period.
,.
~61 II; 85 12130
DIANE G, RADCLIFF
ATIORNEY.AT.LAW
"'41 TRINnLF. ROAn 1
CAMP IIILl. PA 17011
2. In all other respect3 the provisions of the July 6,
1994 Custody Order are hereby reaffirmed.
BY THE COURT:
J.
DIANE G, RADCLIFF
ATTORNEY.AT.LAW
SHI TRINnu: ROAlI
CAMP lULL. PA 17011
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IN TIIf: COU3.'r OF COMMON PLEAS OF
CUMBIlIUJlND COUNTY, PENNSYLVANIA
NO. 94-1J01 CIVIL
W. LEE ORSTEIN,
PLAINTIFF
BARBARA Z. ORSTEIN,
DEFENDANT
CUSTom'
STIPULATION FOR 11!!p_In~TIOR
QLCUSTODY ORDER j!ATllJL@lrT 6. 19514
NOW, this 17:!1~ay of rc~6.JJuu _'
1994, c.)me
AND
the partieB who stipulate and agl:lIe ~El :Eollows:
1. The provisions of paragr:.!Ip:' :l(a) of the July 6, 1994
Custody Order entered in the abovo Il'at-::er shall be deleted and
in lieu thnreof the following' ne\l e;ubp,!I::agraph 3(a) shall be
inserted:
(a) The father shall IUave at his residence at
416 Hillside Drive, New CllIrl)l!rland, pennsylvania,
the portable air filtrut:i.on systelll Honeywell model
number F59A, console pOl.t.abl.e unit, and shall have
llaid filtration syut;em running and operational at
:Least one hour prior to t,h~1 children's arrival for
his partial custodial periods and at all times
during the said partia:. cu~todia1 period.
DIANE G, RADCLIFF
ATTORNEY.AT.LAW
!ua TRINnu: ROAn
CAMP 11I1.1.. PA 17011
3
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2. In all other respects the provisionB of the July 6,
1994 Custody Order shall be reaffirmed,
3. The provisions of this Stipulation shall be entered
as an Order of Court.
IN WITNESS WHEREOF, the parties, each intending to be
legally bound hereby, have hereunto set their hands and seals
the day aforesaid written.
ESS:
.1Lv ~O~
W. LEE ORSTEIN
(SEAL)
(M11~
~fftaaA~
B SA ,ORSTEIN
(SEAL)
DIANE C, RADCLIFF
ATTORNEY.AT.LAW
'H8 TRINnLE ROAn
CAMP lULL. PA nOli
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APR 29 1994
~
W, LEE ORSTEIN. ) IN THE COURT OF COMMON
plaintiff ) PLEAS OF CUMBERLAND
) COUNTY. PENNSYLVANIA
VS. )
) NO, 94-1101 CIVIL
BARBARA Z, ORSTEIN, )
Defendant ) CUSTODY
OIlDBIl OF COUllT
AND NOW tbis Z ill day of
/Jr': l
, 1994, a bearing is bereby scheduled in
tbe above matter to be beld in Court Room No, ,:r'of the Cumberland County Court House
in Carlisle. Pennsylvania, commencing at /:30 o'clock {!.m.. on ~d."1..,h?"
I tbe M::L day of C)w2-",f- . 1994,
I Counsel for each of the parties is directed to file with tbe Court and serve upon
i!oPPosing counsel. at least twenty (20) days prior to tbe date of tbe bearing. a list of
II witnesses they intend to call at the hearing, which list shall include the name,
I' address. daytime and bome phone number of the witness. and a general summary of tbe
I nature of the witness's testimony,
By the Court,
,
Diane Radcliff, Esquire
Attorney for Plaintiff
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John J. Connelly, Jr,. Esquire
Attorney for Defendant
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APR 29 1994,
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO, 94-1101 CIVIL
LEE ORSTEIN,
Plaintiff
)
)
)
)
)
)
)
CUSTODY
vs,
BARBARA Z, ORSTEIN,
Defendant
JUDGE PREVIOUSLY ASSIGNED: None
CONCILIATOR CONPBRENCB StJHHARY REPORT
I
,I IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-B(b), the
II undersigned Custody Conciliator submits the following report:
1, The pertinent information concerning the children who are the subject of this
litigation is as follows:
I CURRENTLY IN
I NAME BIRTHDATE CUSTODY OF
I Andrea C, Orstein 14 October 1982 Defendant/Mother
II Jessica L, Orstein 14 October 1982 Defendant/Mother
II 2. A Conciliation Conference was held on 18 April 1994 and the fOllowing
:1 individuals were present: the Plaintiff and his attorney Diane Radcliff, Esquire; the
II Defendant and her attorney, John J, Connelly, Jr" Esquire,
I 3, There is no dispute about primary custody of the children, There is no
II dispute that the father should have periods of partial custody and he only seeks
I! alternating weekends and a traditional schedule, The only dispute is over a
i!
1'1' prohibition, contained in the present custody agreement between the parties, in which
I the father agrees not to expose the children to second hand smoke,
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. 4, The mother suffers from "end-stage emphysema" and is currently awaiting a lung
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II transplant, Her mother and sister died at young ages of complications of this
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!! disorder, which appears to be hereditary. Her two children by a prior marriage have
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both developed respiratory complications which she believes are related to this
problem, She claims her condition is greatly aggravated by exposure to second hand
tobacco smoke and she wants these two children protected from such exposure,
5. At the time of the divorce. in late 1993, the father agreed to a prohibition
in the property settlement agreement which prevented him from exposing the children to
I second hand smoke. Since that time. he has taken up residence with a fiancee who
smokes and, because of health problems of her own, cannot easily leave her home (where
the father now lives) to smoke elsewhere, This was not a problem for several months.
because the fiancee agreed not to smoke in the house while the children were present,
II She is no longer able or willing to do that and the father wants the non-smoking
II prohibition lifted,
II 6, The father has purchased an air filtration system which he claims will protect
I the daughters from the effects of second-hand smoke, The mother denies the system will
I
tI be effective,
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7, The parties tried several compromises, but none of them would satisfy both
parties, Try as I might. I could not come up with any "middle ground" which would
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Ii satisfy both parties, I am afraid that a hearing, and a decision by the Judge on this
i
!point. is the only alternative,
I 8. The hearing in this matter may take a half day because each party will have
I to produce some expert testimony about the effects, or non-effects, on the girls of
second-hand smoke exposure, I have prepared an order scheduling a hearing and
requiring an exchange of witness information,
29 April 1994
~O1)
Samuel L, Andes
Custody Conciliator
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II, LBB ORSTBIN,
Plaintiff
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IN THB COURT OF COMMON
PLBAS OF CUMBBRLAND
COUNTY, PBNNSYLVANIA
vs,
NO.
94-1101 CIVIL
BARBARA Z. ORSTBIN,
II Defendant
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!! AND NOll this day of
j:
lithe above matter to be held in Court Room No.
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Ii in Carlisle, Pennsylvania, commencing at
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I: Counsel for each of the parties is directed to file with the Court and serve upon
Ii opposing counsel, at least twenty (201 days prior to the date of the hearing, a list of
,
CUSTODY
ORDBR OF COURT
, 1994, a hearing is hereby scheduled in
of the Cumberland County Court House
o'clock _.m" on
day of
, 1994.
iwitnesses they intend to call at the hearing, which list shall include the name,
,
,
,address, daytime and home phone number of the witness, and a general 6ummary of the
Ii
ii nature of the witness's testimony.
By the Court,
, Diane Radcliff, Esquire
Attorney for Plaintiff
John J. Connelly, Jr" Esquire
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. II 0 I Cvv;i. / q Cj <f
W. LEE ORSTEIN,
PLAINTIFF
BARBARA Z. ORSTEIN,
DEFENDANT
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of Plaintiff's Complaint,
it is hereby directed that the parties anp tneir respective
counsel appear befor~ ~c"nlA('1 L. ~,d(-~ f,!.<(. the Custody
Conciliator, on the . 'i7 ~ day of 1'7J7 I l , 1994, at :!f'PJ
-l\, "S. .0 - , .
for a 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 ages five (5) or older may, at the request of
either party, be present at the conference, Failure to
appear at the conference may provide grounds for the entry
of a temporary or permanent order.
FOR THE COURT:
DATED: g-L}.cl" BY: Arn...-te-/"'; {J..JJ24....(j'1
Custody Conc1liator ~~~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
DIANE G, RADCLIFF
ATTORNEV.AT.LAW
SUA TIUNUU: ROAn
(:AMP lilLI., PA 17011
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Hillside
Road,
New
Cumberland,
Cumberland
County,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 110 I d-'v:..e , tj'i'f
W. LEE ORSTEIN,
PLAINTIFF
BARBARA Z. ORSTEIN,
DEFENDANT
CIVIL ACTION - LAW
CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff is W, LEE ORSTEIN, residing at 416
Pennsylvania.
2. The Defendant is BARBARA Z. ORSTEIN, residing at
702 Cocklin Streetr Mechanicsburg,
Cumberland County,
Pennsylvania,
3. Plaintiff seeks custody of the following children:
NAME PLACE OF RESIDENCE AGE D.O,B.
Andrea C, Orstein 702 Cocklin Street 11 10/14/82
Mechanicsburg, PA
Jessica L, Orstein 702 cocklin Street
Mechanicsburg, PA 11 10/14/82
The children were not born out of wedlock.
The children are presently in the custody of BARBARA Z,
ORSTEIN who resideB at 702 Cocklin street, Mechanicsburg,
Cumberland County, Pennsylvania.
During the past five years, the children have resided
with the following persons and at the following addresses:
DIANE G, RADCLIFF
ATTORNU-AT-I.AW
'''8 TRINUU: ROAn
C:AMP 1111.1.. PA 17011
2
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PERSONS ADDRESSES DATES
Barbara Z. Orstein 702 Cocklin Street 1/1993 to
Mechanicsburg, PA Present
Barbara Z. Orstein 702 Cocklin Street 1987 to
W, Lee Orstein Mechanicsburg, PA 1/1993
The mother of the children is BARBARA Z. ORSTEIN
currently residing at 702 Cocklin Street, Mechanicsburg,
Cumberland County, Pennsylvania.
She is divorced.
The father of the children is W, LEE ORSTEIN currently
residing at 416 Hillside Drive, New Cumberland, Cumberland
County, Pennsylvania.
He is divorced.
4. The relationship of Oefendant to the children is
that of mother.
The Defendant currently resides with the
following persons:
NAMES
RELATIONSHIP
Andrea C, Orstein
Jessica L. Orstein
Daughter
Daughter
5. The relationship of Plaintiff to the children is
that of father.
The Plaintiff currently resides with the
following persons:
DIANE G, RADCLIFF
ArrORNEY.AT.LAW
H48 TRINHU: ROAn
C.AMP 11I1.1., PA 17011
3
NAMES
RELATIONSHIP
Gloria Stuart
Donald Sinunons
Fiance
Fiance's son
6. Plaintiff has not participated as a party or
witness, or in another capacity, in other litigation
concerning the custody of the children in this or another
court.
The parties, however, entered into a Property
Settlement Agreement dated October 17, 1993, which contained
provisions pertaining to custody, which agreement was
incorporated into the divorce decree,
A true and correct
copy of the pertinent pages of the property Settlement
Agreement are attached as Exhibit "A" and a true and correct
copy of the divorce decree is attached as Exhibit "B".
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this
Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to
the children.
DIANE G, RADCLIFF
ATTORNF.Y.AT.J.AW
'4011 'fRINIJI.f. ROMI
(,.AMP 11I1.1.. PA 17011
7 , The best interest and permanent welfare of the
children will be served by granting the relief requested
because:
4
a. The children will benefit by having a loving and
close relationship with their father.
b. The mother has inappropriately restricted the
plaintiff's partial custody rights set forth in
the aforesaid Agreement, refusing to allow him to
have custody in his current home because of a
dispute over the issue of exposure to second hand
smoke.
B. Each parent whose parental rights to the children
have not been terminated and the person who has physical
custody of the children have been named a part to this
action.
WHEREFORE, plaintiff requests the Court to grant
partial custody and shared legal custody of the children to
the plaintiff.
submitted,
DIANE G, RADCLIFF
ATTORNEY-AT-LAW
'4411 TRINIlI.F. ROAn
(,.AMP 11I1.1.. fA 17011
5
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DIANE G, RADCLIFF
A'ITORNE\'.AT.LAW
u.. TRINDI.E ROAD
CAMP lULl.. PA 17011
VERIFICATION
W, Lee Orstein
verifies
the
that
statements made in thiB Complaint are true and correct.
W. Lee Orste!n
understandB
that
false
statements herein are made subject to the penalties of 18
Pa, C,S. Section 4904, relating to unsworn falsification to
authorities,
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ffiQemTY~ITLEMENT .8y~~MliliI
THIS AGREEMENT, mode this.2li doy of !l(J!/I/J, h)
, 1993, by and
betwelln W, LEE ORSTEIN, hereinaltlll c:alllld "Hushand". and BARBARA Z, ORSTEIN.
hereinafter called "Wile",
WITNESSETH:
WHEREAS, Husband and Wife were legally married on December 17. 1981;
WHEREAS. two childrllll, AndlCo C, Orstein date of birth October 14. 1982
and Jessica L. Orslllin date of birth October 14, 1982, were born of this marriage;
WHEREAS, differences have arisen between Husband and Wile in consequence
of which they desire to livll separulll and aport from each other; and
WHEREAS, Husband and Wile dusire to settle and determine their rights and
ohligations.
NOW THEREFORE, in considuration of the premises and covenants contained
herein. it is agreed by and between the parties hereto that:
1, SEPARAI1Q..N,
It shall be lawful for each party ot all times hereafter to live separate and apart
from each other at such ploce as he or she from time to time shall choose or deem fit.
The foregoing provision shall nOI be taken as an admission on the part of either party
of the lawfulness or unlawfulness 01 the causes leadino to their living apart.
2, INTERFERENCg~,
Each party shall be free hom interference, authority and control by the other.
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the porties that the policies shall renmin in full force and effect and Wife shall retain
the policy with $50,000,00 amount of death benefit, policy number 0075152, and
sholl designate her children as equal beneficiaries,
Ilusband shall retain the lIollle Insurance of Boston decreasing term policy
number 29-0000208280 wilh an approximate $9,000,00 10 $11,000,00 amoLlnt of
death henefit and the Mulual Benefit Association policy number 0074495 with a
dealh benefit amount of $5,000,00 and shall designate his children as eqLlal
beneficiariBs,
Neither party shall cilm;ol the said policies or borrow against them and the
beneficiary designation shall he irrevocable,
10, COllEGtiDlICA TtQNAL.Ii~f~~,
Each of the parties shall contrihute to the college educational expenses of thBir
childrlln, Andrea C, Orstein and Jessica L. Orslein, in Ilroportlon that their Incomes
bear to each olher at the lime the expense Is gllllerated after taking Into account all
grants, loans, scholarships and the childrlln's cOlllribulion,
11, CUSTODY ANIlJLtmATillN,
The parties shall enjoy shared leg ill custody of the minor children, Andrea C.
Orstein date of birth Octoher 14, 1982 and Jessica L. Orstein date of birth Octobsr
14, 1982, with primary physical custody in Wife suhject to the following parllal
physical cllstolly of Hushilnd liS follows:
5
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a, Husband shull Illlvu physical custody on his long weekends from work
beginnin{) Friday al 4:00 P,II1, unlil Sunday al 5:00 P,II1, The long weekends as
relcf/ud 10 occur approximaluly evory six weeks,
ll, During Iho six week po/iml referenced in SUb-paragraph a, Husband shall
havo IWo weekends from SUlurduy UI 3:00 /1,111, un Iii Sunday at 5:00 p,m,
c, Husband shall have Iho childwn on Ihe day before his day off at 4:00
P,II1, un Iii 5:00 p,m, on his day off. During the school year, he will return the children
to school, and during Ihe surnrnor, Ihoy willbo rolurned to Wife at 5:00 p,m,
d, In tho evolll Monday is Husband's day off, he will have the children from
12:00 Noon on Sunday and will lake lhe children to school the fOllowing morning,
In Ihc event il is during Iho SUnlll1er Ilr a clay off from school, the children will be
roluflled to Wifo al 5:00 P,II1.
e, Chrislmas. EaslOl illHI Thanksgiving shall be spenl with Wife. Memorial
Day, Lilbor Day and July Fourlh shall be sllenl wilh Husband from the day before the
holiday untlllhe evening of Ihu holiday, The limos 10 be agreed upon by the parties,
f. Olher limes as mutually ilureed upon by the parties,
g, Two weeks in Iho surnll1ur 10 be consecutive or separate at Husband's
election wilh sixty days notice 10 Wife of tho limes and dates of the summer periOds
of partial custody,
h, Husband aurees Ihat hu shall nOI expose the children to second hand
smoke during his periods of Jlartiul custudy,
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respeCls this Agruement shall bu validllnd continue in full force, effect and operation,
31, fNTRY AS .fAfiIllf.Jlf.G~,
It is the Intention of the pUrlies that this Agreement shall survive any action for
divurcu which may be Instituted or prosucuted by either party and no order. judgement
or decree of divorce, temporary, Iinal ur pllrmllnllnt, shall affect or modify the financial
terms of this Agreement, This Aureement shull he mado a part of any sLlch jLldgment
or decree of final divorce,
32, DOMESTIC RELATIQN~ODE OF THE COMMONWEALTH OF
PENNSYLVANIA,
Except as specifically provided in this Agreement, each party waives any claim
they may have against the othor undor the Domestic Relations Code of the
Commonweallh of Ponnsylvllniu il1l:ludino, bUI not limited to, alimony. alimony
pendente Iilo, counsel fees, cuSls and uCluitablu distribution of marital property,
IN WITNESS WHEREOF, the parties hereto, intending to be legally bOLlnd
hereby, have hereunto set their hands and sellls the day and year first above written,
WITNESS:
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w, Lee Orstein
13
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 'Jll (Ii i tIn i ),
ss,
On this, the.M day of (-Ia/blll.\.J
, 1993, before me, a Notary PLlblic,
personally appeared W, Lee Orstein, known \0 me to be the person whose name Is
subscribed to the within Property Setllelllent Agreement and acknowledged that he
execuwd the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
~/)"),~ /)JUJU./)J
. OT ARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
1I0TARIAL SEAL
JEAN t. Mllrllll, Nllor, PubllG
lIuti,b'll, OJU~'lIn Clunl,
M CIh",\i"iu E. irCl Se \, la, 1995
ss,
COUNTY OF DAUPHIN
On this, IheJJJl day of If 0/ Ii It'.~ '
I 1993, before me, a Notary PLlblic,
personally appeared Barbara Z, Orstein, known to me to be the person whose name
is subscribed to the within Property Setllement Agreement and acknowledged that
she executed the same for the purposes there:ln contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
~(I J~) 7(.J)),O~;J),-_.
, NOT ARY PUBLIC
NorAillAl SfAL
JEAN ~. Monu/. 11:1.." PubliG
IIJI'I'I:.bt.fl. UJUti'.lll CDunly
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNSYLVANIA
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W. LEE OIlSTEIN,
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DECREE IN
DIVORCE
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AND NOW, . . , , . . . .No\'anoec 17.. . . , . .. " 19.93,." it is ordered and
decreed that.., .. ., .,. !1!'!.\J!'!.~I~,. 111'~!<<:i.'~ . .. .,. . . "., ,," '" ,." plaintiff,
and. . . .. .. .\y, ,I.,a,e, P.I'?II'\11 .. . . .. . . . . . . . . .... .. ., . ,. .. ,., """, defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action lor which a final order has nor yet
been entered;
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 1101 CIVIL 1994
W. LEE ORSTEIN,
PLAINTIFF
BARBARA Z. ORSTEIN,
DEFENDANT
CIVIL ACTION - LAW
CUSTODY
CBRTIFICATB OF SBRVICB
I hereby certify that a true and correct copy of the
Complaint in Custody has been served upon the Defendant,
BARBARA Z, ORSTEINr by Certified Mail, Restricted Delivery
on the 21st day of March, 1994,
The return receipt is
attached hereto as Exhibit "A" and made a part hereof.
Respectfully submitted,
.,
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'----...Je..- A_":':....- ~\- .
DIANE 9 RAD , ESQUI
\ '344B Tri d1e Road
"Camp-H~ , PA 17011
(717) 737-0100
Attorney for Plaintiff
DIANE C, RADCLIFF
ATTORNEY-AT.LAW
SHA TRINULf. ROAD
CAMP 11I1.1., PA 17011
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DOMESTIC RETURN RECEIPT
llIANE (;, RAIICLIFF
ATroRNI:Y.AT.I.AW
5H" TRINUI.I: ROAn
CA~II' 11I1.1.. I'A 17011
EXHIBIT "A"
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W. LEE ORSTEIN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYr PENNSYLVANIA
NO, 94-1101 CIVIL
vs,
BARBARA Z. ORSTEIN,
DEFENDANT
CIVIL ACTION - l,AW
CUSTODY
PLAINTIFF'S WITNtSS LIST
1. W, Lee orBtein
P,O, Box 641
Camp Hill, PA 17001-0641
Mr, Orstein will testify as to the general background of
this case, investigations he has performed as to second hand
smoke and the removal thereof through HEPA air filtration
systems, both as he currently had and that which he proposes
to install, He will also testify as to the limited exposure
to the children to smoke and how he feels this exposure is
negligible with the filtration system.
The plaintiff reserves the right to call other witnesses
upon receipt and review of the Defendant's witness list,
Respectfully submitted,
\
\LL_
DIll.t-TJ;' r:
"3448 Tri d1e Road
earn Hill, PA 17011
(717) -0100
1.D, No, 32112
Attorney for plaintiff
DIANE C, RADCLIFF
ATTORNEY-AT.LAW
'448 TRINUI.E ROAn
CAMP 11I1.". PA 17011
\
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy
of the foregoing document upon the persons and in the manner
indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing
a copy of the same in the United States Mail, Shiremanstown,
Pennsylvania, with first-class postage, prepaid, as follows:
JOHN J CONNELLY, JR., ESQUIRE
CONNELLY, REID & SPADE
10B-112 WALNUT STREET
HARRISBURG PA 17101
D'to., ~ (">-8 (cd
DIANE G, RAnCLlH
A1TORNI:\'.AT.I,AW
3U8 TRINIJU: ROAn
CAMP 1111.1.. "A 17011
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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
.-
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I
I
I
I
94-1101 CIVIL
--.J
W. LEE ORSTEIN,
Plaintiff
BARBARA Z. ORSTEIN,
Defendant
c....._'
CUSTODY
'/.:
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IN RE: CUSTODY
c.r.>
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ORDER OF COURT
AND NOW, this 6th day of July, 1994, upon consideration
of the custody complaint filed in the above-captioned matter
with respect to custody of the parties' two children, Andrea C.
Orstein, born October 14, 1982, and Jessica L. Orstein, born
october 14, 19B2, and following a court proceeding at which the
Plaintiff and Defendant presented their respective positions, it
is ordered and directed as followsl
1. Legal custody of the parties' children shall be
shared jointly.
2. Primary physical custody of the said children shall
be in the mother, Barbara Z. Orstein, with temporary physical
custody being in the father, W. Lee Orstein, at such times as
the parties mutually agree.
3. During the father's periods of temporary custody,
the following conditions shall be observed:
a. The father shall have installed at his
residence, 416 Hillside Drive, New Cumberland, Pennsylvania, a
Hepa Shield 600 air filtration system.
b. No individuals shall be permitted to smoke in
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the same room as the children.
c. No one will be permitted to smoke in a confined
area with the children, including but not limited to a motor
vehicle, motel room or restaurant.
By the Court,
Diane G. Radcliff, Esquire - ~ ~L~ ~~ 7/71~~f.
Counsel for Plaintiff ~
John J. Connelly, Jr., Esquire.. - c.:.f(r """"':Q...t, '1 h /9 q. ;,
Counsel for Defendant J.".
W. Lee Orstein
416 Hillside Drive
New Cumberland, PA
- ~~~ 'lls/Ci'l,
17070 ""f'.
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