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HomeMy WebLinkAbout02-3278 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Barbara A. Merrel, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: Plaintiff, Barbara A. Merrel, is an adult individual presently residing at 11 Larch Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since August 2001. Defendant, Dennis E. Merrel, is an adult individual presently residing at 11 Larch Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since August 2001. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on August 6, 1988, in Akron, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. Although presently residing at the same address, the parties have lived separate and apart since January 1, 1999. WEIGLE & ASSOCIATES, AC. ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquir~ Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEI(3LE ~ ASSOCIATES, RC, ATTORNEYS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom falsification to authorities. Dated: Barbara A. Merrel, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS Patricia A. Frey, being duly sworn according to law, deposes and says that on July 17, 2002, a tree and attested copy of Complaint in Divorce and Notice to Defend and Claim Rights was served upon the Defendant, Dennis E. Merrel. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: 11 Larch Drive, Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." Patricia A. Frey Sworn to and subscribed before me this 22nd day of July, 2002. Notary Public "'-~ .......... :0 ~ ~-..' ,~-"~ -. ~ '. NotarialS . Palrida LTome, Nolapj Pul~c _8~em~urg Boro. Cumberland County M~ Commi~ion Expires June 7, 2004 WEIGLE & ASSOCIATES, RE. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE PROOF O~ ~RVICE m ,.El I'M m I'1-1 RLW Postage Merre[ Certified Fee Re~um Receipt Fee (Endorsement Required) Restored DelNe~ Fee (Endorsement Required) Total Postage & Fees 0257 05 Hem Dennis E. Merrel Street, Apt. No.; or PO Box No. 1I Larch Drive PA 17257 07/16/2002 . C.,omplete Iteme 1, 2, and 3. Also oornpl~e Rem 4 If Restricted O~llv~y la ckS. · Pflnt your name and ad~maa on the reveme so that we can return the card to you. · Attach this card to the back of the mallptece, 1. Ntlcle ~ to: Dennis E. Merrel 11 Larch Drive Shippensburg, PA 17257 RI O~ L t ECEIV _U JUL 18 2002 I 'F ~. ~ 7g~ 1530 0003 5~2 63~1; ~~) ~ ~ ~11, ~gu= 2~1 ~N~e~tic R~m R~m ~IBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, : CIVIL ACTION - LAW Plaintiff : : v. : NO. 02-3278 CIVIL TERM DENNIS E. MERREL, : Defendant : IN DIVORCE AFFIDAVrY OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Barbara A. Merrel, Plaintiff WEIGLE En ASSOCIATES, ~C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(e) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divome is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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. Dated: Barbara A. Merrel, Plaintiff WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE statements herein are made falsification to authorities. AFFIDAVIT OF CONSENT A complaim in divorce under § 3301(c) of the Divorce Code was filed on July 11, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom Dated: De'~-~E. Merrel, Defendant WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER 3301 e AND 3301 d OF THE DIVO CE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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. Dennis E. Merrel, Defendant WEIGLE & ASSOCIATES, P-C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant To the Prothonotary: CIVIL ACTION - LAW NO. 02-3278 CIVIL TERM IN DIVORCE .PRAECIPE TO TRANSMIT RECORB decree: Transmit the record, together with the following information, to the court for entry of a divorce Grounds for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. Date and manner of service of the complaint: July 17, 2002, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Cod,:: by Plaintiff, October 16, 2002; and by Defendant, October 16, 2002. Related claims pending: None Date Plaintiff's Waiver in § 3301(c) Divorce was filed with the prothonotary: October 21, 2002 Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: October 21, 2002 WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esq~re / Attorney for Plaintiff Attorney ID # 49634 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 BARBARA A. HERREI., Plaintiff VERSUS DENNIS E. I~RREL, Defendznt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. 02-3278 DECREE IN DIVORCE AND NOW, ,_200?, It '$ ORDERED AND DECREED THAT BARBARA A. t4ERREL __, PLAINTIFF, AND DENIqXS E. HERREL , DEFENDANT, ArE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JurISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; ~o~e BY THE COURT://~/ . ~~ PROTH O NOTARi' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, : CIVIL ACTION - LAW Plaintiff : v. : NO. 02-3278 DENNIS E. MERREL, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Barbara A. Merrel, presently residing at 11 Larch Drive, Shippensburg, Cumberland County, Pennsylvania 17257. The Defendant is Dennis E. Merrel, presently residing at 15850 North Thompson Peak Parkway 1105, Scottsdale, Arizona 85260. Plaintiff seeks custody of the following children: NAME Jennifer Madilyn Merrel PRESENT RESIDENCE 11 Larch Drive Shippensburg, PA 17257 AGE 11 years DOB: 3/16/92 Ian Matthew Merrel 11 Larch Drive Shippensburg, PA 17257 9 years DOB: 10/5/93 The children were not bom outside the bonds of matrimony. The children are presently in the custody of Plaintiff, who resides at 11 Larch Drive, Shippensburg, Pennsylvania 17257. During the past five years, the children have resided with the following persons and at the following addresses: NAME Barbara A. Merrel Jennifer M. Merrel and Ian M. Merrel ADDRESS 11 Larch Drive Shippensburg, PA 17257 DATE December 2002 to present WEIGLE & ASSOCIATES. P,C.-- ATTORNEYS AT LAW -- 426 F--~ST KING STREET -- SHIPPENSBURG, PA 17257-1397 o Barbara A. Men'el Dennis A. Merrel Jennifer M. Merrel Ian M. Merrel and 11 Larch Drive Shippensburg, AP 17257 August 2001 to December, 2002 Barbara A. Merrel Dennis A. Merrel Jennifer M. Merrel Ian M. Merrel and 306 East Orange Slreet Shippensburg, PA 17257 1998 to July 2001 The mother of the children is Barbara A. Merrel, currently residing at 11 Larch Drive, Shippensburg, Pennsylvania 17257. She is divorced from Defendant and single. The father of the children is Dennis E. Merrel, currently residing at 15850 North Thompson Peak Parkway 1105, Scottsdale, Arizona 85260. He is divorced from Plaintiff and single. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: NAME Jennifer Madilyn Merrel Ian Matthew Merrel RELATIONSHIP daughter son The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: NAME Judith (last name unknown) Jared (last name unknown) RELATIONSHIP Girlfriend Girlfriend's son Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 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. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has been the primary caretaker of the children since birth. B. The children presently reside with Plaintiff C. Plaintiff is better able to care for the needs of the children. D. Defendant resides in Arizona. WEIGLE & ASSOCIATES. RC. -- ATTORNEYS AT LAW -- 126 EAST KING STRI--ET -- SHIPPENSBURG, PA 17257-1397 o 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 as parties to this action. WHEREFORE, Plaintiff requests the Court to grant both legal and primary physical custody of the minor children to the Plaintiff. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquir~ Attorney for Plaintiff I.D.#49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. I)ated: ~/Jl ~,'! t) $ BARBARA A. MERREL WEIGLE & ASSOCIATES, P.E.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397 BARBARA A. MERREL : PLAINTIFF : DENNIS E. MERREL : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3278 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2003 , upon. consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 05, 2003 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 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/ Hubert X. Gilroy, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. {}2-3278 IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF CUMBERLAND ' SS Patricia A. Frey, being duly sworn according to law, deposes and says that on May 9, 2003, a true and attested copy of Order of Court was served upon the Defendant, Dennis E. Merrel. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Dennis E. Merrel 15850 North Thompson Peak Parkway 1105 Scottsdale, AZ 85260 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." Patricia A. Frey Sworn to and subscribed before me this 13th day of May 2003. Notary Public Patricia I_Tome, Notary Public . Shlemmabu~ Boro, Cumbeda~l CountY -l~3mmis~on Expires June 7, 2004 WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant CIVIL ACTION - LAW NO. 02-3278 IN CUSTODY PROOF OF SERVICE RLW Postage 025'/ MF, P~E~]gtified Fee I~ Postmark Here Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~'8.38 05ttOStt~13 Sent To Mr. D~nnis E. Merrell Street, Apt. No.; , , ~om~.15850 N. Thompson Peak Pkwy 1105 .~..~,.~,. ~p~- ......................................................................... Scottsdale, Arizona 85260 · ~ Rm~ 1, 2, and 3. Aim) cemglete ~ 4 if Restricted Delivery is de~. · Pfln~ your name and address on ~ reveme · o that we can return the card to you. · Attach this card to the back of the mailpiece, or o~ the front if space permits. 1. Article Addressed to: Mr. Dennis E. Merrell 15850 N. Thompson Peak Pkwyll05 Scottsdale, Arizona 85260 eceived by (Printed Name) D. Is de#very address d item 17 If YES, enter delivery address below: ]~ of ~ r-I yee [] No RESTRICTED ~Certifled Mail I-I Express Mail [] Registered [] Return Receipt for Merohandllm I-1 Insured Mail [] C.O.D. · Restricted Delivery? (Extra Fee)_ WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 BARBARA A. MERREL, Plaintiff V DENNIS E. MERREL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3278 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this l! .~t day of June, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Barbara A. Merrel, and the Father, Dennis E. Merrel, shall enjoy shared legal custody of Jennifer M. Merrel, born March 16, 1992; and Ian M. Merrel, born October 5, 1993. 2. Mother shah enjoy primary physical custody of the minor children. Father shall enjoy periods of temporary physical custody with the minor children as follows: Ae For a period of at least three (3) weeks during the summer months when children may visit Father in Arizona. Father shall pay the costs of transportation in order to have the children delivered to and from Arizona. In the event Father is in the Shippeusburg area and gives Mother at least four (4) days notice in advance, Father shall have the opportunity to enjoy reasonable periods of custody with the minor children to include overnight visitation. C. At such other times as agreed upon by the parties. In the event counsel for the parties desire to address any other issues with the conciliator, counsel for the parties may contact the conciliator directly and schedule a telephone conference call between the attorneys and the conciliator. 5. The children shall not be left alone with the Maternal Grandfather. Each parent shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. CC: Richard L. Webber, Jr., Esquire Joan Carey, Esquire BY THE COURT, BARBARA A. MERREL, Plaintiff DENNIS E. MERREL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 02 - 3278 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jennifer M. Merrei, born March 16, 1992; and Ian M. Merrel, born October 5, 1993. A Conciliation Conference was held on June 5, 2003, with the following individuals in attendance: The Mother, Barbara A. Merrel, with her counsel, Richard L. Webber, Jr., Esquire; and Attorney Joan E. Carey who appeared on behalf of the Father, Dennis E. Merrel. The parties separated in December of last year, but were divorced in October of last year. Recently Father has relocated to Arizona. Mother indicates Father developed a romantic interest with a woman in Arizona and that was the basis for the relocation. Father had been working in Harrisburg and living in Cmnberland County for the past few years. Attorney Carey suggested that Father may seek primary physical custody of the minor children. We attempted to get the Father on the phone for a conference/speaker call arrangement. Although Mr. Merrel had represented to his attorney that he would be available during the time of the custody conciliation conference, we were unable to reach him by phone. There is an issue with respect to the children going to Arizona. Mother wanted to make sure there was a custody order in place befor~ she would allow the children to visit their Father. The conciliator will recommend an order addressing an opportunity for the children to visit Father. If Father intend to pursue primary physical custody of the minor children, counsel for the Father can contact the conciliator and initiate another custody conciliation conference via a telephone conference call between counsel and the conciliator. 6. The conciliator recommends the entry of an order in the form as attached. bert X. ~tilroy,~ Esquire Custody Conciliator