HomeMy WebLinkAbout95-06244
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I
2'000 B. PAULUS,
Plaintiff
V
I IN 'l'HB COUR'l' 01' CONNON PLUS 01'
ICUIIBBRLAND COUN'l'Y, PBNNSlfLVANIA
I
ICIVIL AC'l'ION - LA"
I
INOI 6244 CIVIL 1995
I IN CUS2'ODY
D8SIRBB DIA.,
Defendant
Prior Judgel J. "ealey Oler, Jr.
CGWCZLL\!l'ICW CCWIZRIlIrc:z BlNfARr 1U:PaR2'
IN ACCORlJANCB "I'I'H 'I'HB CUHBBRLAND COUN'l'Y CIVIL RULE 01' PROCBDUU
1915.3-B(b), the underaigned Cuatody Conciliator aubmita the
following report I
1 . 2'he pertinent information pertaining to the child who ia the
aubject of thia litigation ia aa followal
Nyaaha Jonee Paulua, born Nay 16, 1993.
2. A Conciliation Conference waa held on November 18, 1997, with
the fOllowing individuala in attendance I
'l'he Father, 'l'odd B. PaUlua, with hia counael, "illi.. 2'.
'I'ully, Baquire; and the Nother, Deairee Dia., with her
counael, Nichael R. Rundle, Baquire.
3. 'l'he partiea were before the CUatody Conciliator in Narch of
1996 at which time they received an agreuent on cuatody. 2'he
agreuent provided that Nother llfOuld have primary phyaical
cuatody with Father having liberal perioda of teJlporary
phyaical cuatody. Father now petitiona the Court to e~and
hi. time of phy.ical cuatody to an arrange.ent that tIOuld .ake
the phy.ical cuatody eituation a SO/50 aplit. '1'0 do .0,
Father i. requeating one additional day per week whioh tIOuld
accoapli.h auch a 50/50 arrange.ent. Nother ia reaiatant to
Father'a requeat and ia of the poaition that the exiating
Order ahoUld remain in effect.
,. A hearing i. neceaaary. A hearing ahould take no .ore that
one day.
(It. ;J()/ 9'7
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.
. :
TODD E. PAULUS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DESIREE DIAZ,
Defendant
CUSTODY/VISITATION
NO. qrJ:'. I ''\1 IL.l ~ I'
Lli -:I -, l '-,,~.,., Ii:" p ,
ORDBR or COURT
MID IIOW, ~~Vh"\"'" J, \(\q5 , upon consideration of
the attached Complaint, it is hereby directed that the pafties
and their respective counsel appear before --1Il,L(1 i -1-. !,. (~'Y t~.
, the conciliator, at tlth .rlo~l (\""~.(,,.
(""", '~o..\Sf on the ~"'\ day of Irl-:!..",rnhtr ,
199b7 at . f :30 o'ClOCK, ~.m" 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.
FOR THE COURT:
By' -;1~lft.J:.e~1
The court of Common Pleas of cumberland county is required by law
to comply with the Americans with Disabilities 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 hour.s prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYP.R 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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
Nav L J ~Il PH '95
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TODD E. PAULUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DESIREE DIAZ,
Defendant
NO.
COMPLAIMT roa CU8TODY
1. The Plaintiff is Todd E. Paulus, residinq at 14
westminster court, carlisle, Cumberland county, Pennsylvania.
2. The Defendant is Desiree Diaz, residinq at 529 First
Street, Carlisle, Cumberland County, Pennsylvania.
3. plaintiff seeks custody of the followinq child:
HDA PreBent Residence
6a
Nyasha Jonee Paulus 529 First street, carlisle,
Pennsylvania
D.O.B.
5/16/93
The child was born out of wedlock.
The child is presently in the custody of Defendant who
resides at 529 First street, carlisle, Pennsylvania.
Durinq the past five years, the child has resided with the
followinq persons and at the followinq addresses:
Persons
Addresses
Dates
and 1288 High Street
Boilinq springs, PA
the child
5/16/93 thru 9/93
/Usine Paulus
Paul Paulus,
plaintiff and
Defendant, and
Plaintiff, Defendant
and child
14 Westminster Court
Carlisle, PA
529 First Street
Carlisle, PA
9/93 to 2/94
Defendant and child
2/94 to 4/94
custody of the child in this or another court.
6b. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
6c. 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 for the following
reasons:
A. Plaintiff has undertaken and performed the parental
responsibilities for the child;
B. Plaintiff is best able to provide the care and nurture
which the child needs for healthy development;
C. A Court ordered determination of custody is required to
avoid continuing conflict between the parties regarding parental
responsibility for custody.
D. Plaintiff and Defendant had a shared custody arrangement
for many months until Defendant, without cause or justification,
suddenly decided that Plaintiff could not have custody of child
except for brief intervals at Defendant's residence;
E. Should Defendant refuse to share custody with Plaintiff
pending the conference/hearing, primary physical custody should
be awarded to Plaintiff, who is willing to allow Defendant to
have partial custody.
F. There is a bond of love and affection between Plaintiff
and his daughter and Plaintiff wants to spend significant amounts
of time with his daughter so that this bond may be maintained.
-.-'".... .
. ..
VIlRIPICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the pellalties of lB Pa.C.S. 54904, relating
to unsworn falsification to authorities.
DATE:
/0/.3/ )9.1-
, I
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~odd E. aulus, Plaintiff
-
JAN 1 1 Fig:]';'
FILED CFfiCE "
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TODD E. PAULUS,
PlaintiU
: IN THE COURT OF COMMON PLEAS OF
:CUHBERLAND COUNTY, PENNSYLVANIA
v
:
:NO. 6244 - CIVIL - 1995
DESIREE DIAB,
Defendant
.
.
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOli, this --1l!!e day of .3""u.", , 19!Jfj, upon consideration of
the attached Custody ConcrrratIOri' Report, it is ordered and
directed as follows:
1. The following Custody Order shall be a Temporary Order
pending further Order of this Court after a second
Custody Conciliation Conference which will be held
on February 9, 1996, at 8:30 A.M.
2. The Mother, Desiree Diaz, and the Father, Todd E. Paulus,
shall enjoy shared legal custody of Nyasha Jonae Paulus,
born May 16, 1993.
3. Physical custody shall be handled with the Mother enjoying
primary physical custody and the Father enjoying temporary
physical custody as tollows:
A. December 22 at 4 P.M. through December 24 at 6 P.M.
B. December 25 from 10 A.M. until 4 P.M.
C. December 26 at 6 P.M. until December 29 at noon.
D. January 1 at noon until January 2 in the morning when
the Father shall deliver the child to the designated
daycare center.
E. Thereafter on alternating weekends from Thursday
evening at 5 P.M. until Monday morning when the
Father shall deliver the child to the daycare center.
Additionally, one evening every week, which would be
from 5 P.M. until the following morning. Absent an
agreement between the parties, the evening shall be
Tuesday following the weekend when the Mother has
custody, but Thursday evening following the weekend
when the Father has custody.
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4. 2'he parties can agree between themselves to modify the above
schedule. However, absent an agreement, the above schedule
.hall control. 2'he above schedule is an interim Order and
shall not prejudice the parties in any way in the event this
case is brought before the Court for a Hearing.
BY THE COURT,
Stephen B. Lipson, Esquire
Joan Carey, Esquire
~
'l'ODD E. PAULUS,
Plaintiff
:IN THE COURT OF CONNON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 6244 - CIVIL - 1995
DESIREE DIAZ,
Defendant
.
.
.
.
:CIVIL ACTION - CUS'l'ODY
CONCILIA'J!ION CONJ'I:RENCI: BVNofARY REPOR'J!
IN ACCORDANCE flUH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the child who is the subject
of this litigation is as follows:
Nyasha Jonee Paulus, born May 16, 1993.
2. A Conciliation Conference was held on December 22, 1995, with
the following individuals in attendance:
The Father, Todd E. Paulus, with his counsel, Stephen Lipson,
Esquire, and the Mother, Desiree Dia2, with her counsel, Joan
Carey, Esquire. .
3. The parties were unable to reach an agreement. Ho_ver, the
case is not ripe for Hearing because both party's work/school
schedule is still in question. The Conciliator feels that an
Interim Order is appropriate and the parties should then llIeet
for a second Conciliation Conference.
4. The Conciliator recommends an Order in the form as attached.
DA'J!E
Hubert X. Gilroy, Esquire
Custody Conciliator
-
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5. The Christm.. holiday shall be divided into two segments being
trom Christmas Eve at 10,00 a.m. until Christmas Day at 10:00
a.m., and Christmas Day at 10/00 a.m. until December 26 at
10,00 a.m. These segments shall be alternated between the
pa;:ties with the "ather having the tirst segment and the
Hother having the second segment in December ot 1996.
6. Hajor holidays ot Thanksgiving, New Year's Day, Easter,
Hemorial Day, July 4th and Labor Day shall be shared equally
between the parties under a time trame trom 9,00 a.m. until
3,00 p.m. and 3,00 p.m. until g,OO p.m. Absent agreement by
the parties to the contrary, Hother shall have the time in the
atternoon on the holidays.
7. Hother shall ttnjoy custody on Hother's Day trom 9,00 a.m.
until S,OO p.m. and Father shall enjoy the same on Father's
Day. This provision shall supersede any other provision ot
this Order.
S. The custodial parent shall arrange that the non-custodial
parent shall have a reasonable period ot time with the minor
child on the child's birthday.
9. Bach parent shall be entitled to one week ot vacation time
with the minor child. At least 30 days' notice shall be given
to the other parent with respect to exercising this vacation.
10. In the event one party is going to have custody on a holiday
and desires to use that holiday tor a long weekend out ot the
area, the other party shall attempt to acconunodate that
request by exchanging a weekend or otherwise trying to provide
a suitable accommodation for a long weekend.
11. The party shall give the other party at least three months'
notice in writing it there is a decision made to relocate out
ot the Commonwealth ot Pennsylvania.
12. In the event either party takes the minor child out ot the
Commonwealth ot Pennsylvania on an overnight stay, they shall
notity the other parent in advance with respect to the address
and phone number as to where they will be staying.
ALED-OFFICE
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I IN THE COURT or COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 6244 CIVIL 1995
I
I CIVIL ACTION - LAW
I
I IN CUSTODY
I
TODD E. PAULUS,
Plaintiff/Petitioner
DESIREE DIAZ,
Defendant/Re.pondent.
.
.
.ft'J:'!IOII ft)Il CU.lfODY
AND NOW, co.e. the petitioner, TODD E. PAULUS, by and
through hi. attorney., MANCKE, WAGNER, HERSHEY' TULLY, and file.
the following Petition for CU.todYI
1. Your Petitioner, TODD E. PAULUS, i. an adult
individual having a. an addr... P.O. Box 419, Carli.le,
cuaberland County, Penn.ylvania, and i. the natural father of
Nya.ha Jonee Paulu., born May 16, 1993.
2. The Re.pondent, DESIREE DIAZ, i. an adult
individual currently residing at College Park Apart.ent.,
Carli.le, cuabarland County, P.nn.ylvania, and i. the natural
.other of Nya.ha Jonee Paulus, born May 16, 1993.
3. On March 29, 1996, the Court of Common Plea. of
cuaberland county, entered an order, a copy of which i. attached
hereto, incorporated herein by reference, .ade a part hereof, and
.arked a. Exhibit A, .etting forth the rights of the re.pective
partie. concerning shared legal custody, primary phy.ical cu.tody
and period. of temporary physical custody.
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4. The petitioner herein believea and therefore avera
that it i. in the beat intereat of hi. daughter to grant hia
Petition .eeking ahared phyaical cuatody in that he ia requeating
every Tue.day evening from 5:00 p.m. until the next morning at
9:00 a... in addition to the Court Order of March 29, 1996.
5. By modifying the current order to add the Tueaday
into Wedne.day morning will effectuate an equal time that both
partie. have with the child, which is believed to be in the beat
intere.t of the child.
WHEREFORE, Petitioner praya thia Court to grant hia
requeat for ahared phy.ical cuatody of hia minor child.
Reapectfully aubmitted,
Zaqu re
Attorney for Petitioner
DATE:
0/ 5/ 11
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VDUIC&...IOII
I verify that the statements made in the foregoing
docuaent are true and correct. I understand that false
state.ents herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
/J -I? LJ~t ../
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v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 6244 CIVIL 1995
IN CUSTODY
TODD E. PAULUS
Plaintiff
DESIREE DIAZ,
Defendant
AND NOW, this .s it.
ORDER OF COURT
day of March, 1998, upon relation of P.
Richard Wagner, Esquire, attorney for Plaintiff, that the matter
scheduled for Friday, March 6, 1998 at 1:30 p.m. has been resolved
by agreement of the parties, the hearing scheduled for Friday,
March 6, 1998 at 1:30 p.m, is CANCELLED.
BY THE COURT,
P. Richard Wagner, Esq.
2233 N. Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Michael R. Rundle
28 S. Pitt St,
P.O. Box 208
Carlisle, PA 17013
Attorney for Defendant
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TODD E, PAULUS
PLAINTIfF
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
V,
95-62.... CIVIL ACTION LAW
DESIREE DIAZ
I>EfENDANT
IN CUSTODY
ORnER OF COURT
AND NOW, Tunday, January 11,2005 , upon considernlion oflhe altaehed Complaint,
it is hereby directed that parties and Iheir respective counsel appear before Hubert X, Gilroy, Elq. . Ihe coneilialor,
at 4tll Floor. Cumberland County Courthoule, Cull.le on Thundav, Fehruuv 03. 2005 at 8:30 AM
for a Pre-Hearing Cuslody Conference. At such conl~renee, an elTort will be made 10 resolve Ihe issues in dispule; or
If this cannot be accomplished. to deline and narrow the issues 10 be heard by the court, and 10 elller into a temporary
order. All children aile live or older may also be presenl lit the eonl~renee, Failure to appear ullhe eonl~renee muy
provide grounds tor entry ofu lemporary or permunent order.
The court hereby directs Ihe parlin to furnish nny nnd nil existing Protection from Abuse orden,
Spedal Relief ordin. and Custody orden 10 the conclllator"8 houn prior to scheduled henrlnll,
FOR TIlE COURT.
By: 1.1
Hubcn X. Gilrov.Ji!!b-
Cuslody Coneilintor
The Court of Common Pleas of Cumberland CmllllY is required by law 10 comply with the Americans
with Disabilites Act of 1990. For inlonnallon ubout uccessible Iileilities und reusonuble uecommodalions
available to disabled individuals huving business before the court. please conlael our olTIee. All arrangements
must be made at leust 72 hours prior 10 nn)' hearing or business before the court. You must uttel1lt Ihe scheduled
cont~rence or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP,
Cumberlund County Uur Assoeiutilln
32 Smllh Iledlilrd Slreel
Curl isle, Pennsylvuniu 170 I 3
Telephone (717) 149.3166
IILW-0iF:CE
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Todd E. Paulus,
Plaintiff/Petitioner
: IN TIlE COURT OF COMMON PI.EAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO, 6244-1995
Desiree Dinz..
Defendant/Respondent
: CIVIL ACTION. CUSTODY
ORDER OF COURT
AND NOW, this day of ,2005, upon consideration
of the attached Complaint, It is hereby directed that the parties and their respective
counsel appear before ' Esq., the Conciliator, at
on the day of
2005, at .M., for a Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to
define and narrow the issues to be heard by the Court, and to enter into a temporary
order. Failure to appear at the Conference may prOVide grounds for entry of a
temporary or permanent order.
FOR TIlE COURT.
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For inlimnation about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact our olliee, All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must allend the scheduled conference or heuring.
YOU SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IIA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP.
Cumberland County Bar Association
32 South Bedliml Street
Carlisle.PA 17013
(717) 249-3166
b. Petitioner seeks to increase vacation to two weeks vacation per-year for each
parent while maintaining the 30 day advance written notice prior to the vacation;
c. Petitioner requests that the holidays as outlined at the governing Mareh 29, 1996
custody order be maintained;
d. Petitioner is seeking to modify the controlling orJer of court dated Mareh 29,
1996 relative to custody that is attached herein as exhibit one incorpomted as fully
set forth.
9. The Petitioner believes and therefore avers that the best interest of the ehild will
involve granting the above requested relief sinee the child hus articulated a desire to
live with her luther one week and alternating with her mother one week.
10. The recommended modilieation lor custody would reduce the tmnsporting of the
child between residence und it would pmvide for a greater stability between the ehild
and her parents without frequent interruptions from the current custody order.
1 I. The child has established bonds with the stepbrother and stepsister.
Wherefore, petitioner requests your honorable Court modily the Mareh 29, 1996 Order by
granting Petitioner's request for shared physical custody of his daughter, Nyasha JonL'C Paulus; it
is requested that the modilication include extending vacation to a two week period during the
course of the year while maintaining the holidays as they arc set out in the Mareh 29, 1996 Court
Order.
,j..- J., )-
Dale
Respect'
C
en R. Waltz. ~squi
Turo Law Ollice
28 South I)itt Street
Curlisle,l'A 17013
5. The Christmas holiday shall be divided into two segments being
from Christmas Eve at 10:00 a.m. until Christmas Day at 10:00
a.m., and Christmas Day at 10:00 a.m. until December 26 at
10:00 a.m. These segments shall be alternated between the
parties with the Father having the first segment and the
Mother having the second segment in December of 1996.
6. Major holidays of Thanksgiving, New Year's Day, Easter,
Memorial Day, July 4th and Labor Day shall be shared equally
between the parties under a time frame from 9:00 a.m. until
:; :00 p.m. and 3 :00 p.m. unci:! ~ :00 p.m. ' Jlb.s"nt ag.t'aement by
the parties to the contrary, Mother shall have the time in the
afternoon on the holidays.
7. Mother shall enjoy custody on Mother's Day from 9 :00 a.m.
until 5:00 p.m. and Father shall enjoy the same on Father's
Day. This provision shall supersede any other provision of
this Order.
8. The custodial parent shall arrange that the non-custodial
parent shall have a reason~ble period of time with the minor
child on the child's birthday.
9. Each parent shall be entitled to one week of vacation time
with the minor child. At least 30 days' notice shall be given
to the other parent with respect to exercising this vacation.
10. In the event one party is going to have custody on a holiday
and desires to use that holiday for a long weekend out of the
area, the other party shall attempt to accommodate that
request by exchanging a weekend or otherwise trying to provide
a suitable accommodation for a long weekend.
11. The party shall give the ocher party at least three months'
notic" in writing if there is a decision made to relocate out
of the Commonwealth of Pennsylvania.
12. In the event either party takes the minor child out of the
Commonwealth of Pennsylvania on an overnight stay, they shall
notify the other parent in advance with respect to the address
and phone number as to where they will be staying.
.
v
'Y
FES 0 8 2005
fJ'1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
...
TODD E. PAULUS,
PlllatllY
DESIREE DlAZ,
Dereadlat
NO. 95-6144
IN CUSTODY
COURT ORDER
AND NOW, tbIs ~ day or Febnaary, 1005, upoa c:oaaideratloa or the attached
CUItody CoadUatloa report, It Is ordered aad directed IS rollows:
1. A hearia& Is lICbeduled In Court Room No. 1 or the Cumberland COUDty Court House
OR the j'ld day or ~ ,2005 at !J.;Ju,m. At tbIs hearia&, the Father
abaU be the movlna party aad shall proceed InItlaUy with testlmoay. Couasel ror the
partielI abaU me with the Court aad oPPOSID& couasela memoraadum settia& rorth
the history or cUltody In this case, the Issues currently Wore the Court, a list or
witaesses wbo will be called to testiry OR bebaIr or each party aad a SllmllUlry or
aatldpated t-1mnay or each witness. ThIs memoraadum abaU be med at least nve
daya prior to the meotloaed hearia& date.
1. PendIDJ rurther Order or tbIs Court, tbIs Court's prior Order or Mardi 19, 1996
shall remain In effect subject to the rouowina modIncatloos:
a. On excbaa&e or custody, the parent recelvlD& custody shall pick up the minor
cbUd unless aareed otherwise by the parties.
10
.
b. DurlD& the summer moatbs, each party shall el\!oy a coatlnuoUl period or two
weeks or summer vacatloa with the minor cbUd, the times to be arraaaed
betWeeIl the partlca upoD tblrty daya wrltteD aotke.
BY THE COURT,
J
t;e.LDJa:ll E. Berry, &quire
..... ,.t(icbard D. Koch, &quire
~
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,;/1olb5' A.A.I
.
TODD E. PAULUS,
Plllntlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 95-6144
IN CUSTODY
v
DESIREE DlAZ,
Derendlnt
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the uadenlped CUItody ConclUator submits the rollowln&
report:
1. The pertinent Inrormatlon pertalplnll to the cbUd who Is the subject or this Utiptlon
Is IS rouows:
Nyasba Paulus, born May 16, 1993.
1. A ConcUlatlon Conference WIS held on February 3, 2005, with the rollowln&
individuals In attendance:
The Father, Todd E. Paulus, with his attorney, Richard Koch, Esquire, aad the
Mother, DesIree DIu, with her attorney, DIrk Berry, Esquire.
3. The parties have been worlda& uader a Court Order since 1996. The Father desires
to modU'y that Court Order with respect to a request to have the physical cUltody
situation revolve arouad a week on/week off basis or sometbln& Ilona those Ones.
Mother beUeves the order bas been worklnllDd Is uawWlD& to modify the Order at
tbIs point. However, the ..rtles have aareed on a rew minor modIncatloDS of the
endlnll order wbkb will be Incorporated Into the attached proposed Order.
4. The ConcUlator recommends an Order In the rorm as attached.
;J-1-0~
DATE
Hubert X. GUroy, Esquire
Custody Conciliator
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACTION - LA W
TODD E, PAULUS.
Plaintiff
DESIREE DlAZ.
Defendant
NO, 95-6244 CIVIL TERM
IN RE: CUSTODY HEARING
ORDER OF COURT
AND NOW, this Illh day of April. 2005, upon consideration of the stipulation
filed in this matter on April 8. 2005. the hearing scheduled for April 14. 2005. is
cancelled.
BY THE COURT.
...<falen Waltz, Esq.
28 South Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
.ASirk Berry, Esq,
44 South Hanover Street
Carlisle, P A 17013
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ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
TODD E. PAULUS,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: NO. 6244-1995
DESIREE DIAZ,
Defendant/Respondent
: CIVIL ACTION - CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, comes Plaintiff/Petitioner Todd E. Paulus, by and through his
attorney Galen R. Waltz, Esquire and requests this Honorable Court to grant the
following special relief:
1. A Custody Order was entered by this Honorable Court on April 8, 2005
regarding the Petitioner Todd E. Paulus and Respondent Desiree Diaz.
2. Paragraph 11 of the April 8, 2005 Custody Order states: On exchanges of
custody, the parent receiving shall pick up the minor child unless agreed otherwise by
the parties. (Exhibit "A" attached and incorporated herein as if fully set forth.)
3. Petitioner lives at 16 Enck Drive, Boiling Springs, Cumberland County,
Pennsylvania.
4. Respondent lives at 4 James Drive, Newville, Cumberland County,
Pennsylvania.
5. The total distance between the Petitioner's home and the Respondent's
home is approximately 19 miles. (See Exhibit "B" attached and incorporated herein as if
fully set forth.)
6. Petitioner travels a distance of approximately 38 miles round trip.
7. A 17 day driving history for the petitioner is as follows:
· September 12, 2006 - pick up; 19.5 miles each way; 39
miles total
· September 13, 2006 - drop off; 19.5 miles each way; 39
miles total
· September 14, 2006 - p.m. pick up; 19.5 miles each way; 39
miles total
· September 1S, 2006 - a.m. and p.m. pick up; 19.5 miles
each way traveled twice for a total of 78
miles
· September 18, 2006 - a.m. drop off; 19.5 miles each way;
39 miles total
· September 21, 2006 - p.m. pick up; 19.5 miles each way; 39
miles total
· September 22, 2006 - a.m. drop off; 19.5 miles each way;
39 miles total
· September 26, 2006 - p.m. pick up; 19.5 miles each way; 39
miles total
· September 27, 2006 - a.m. drop off; 19.5 miles each way;
39miles total
· September 28, 2006 - p.m. pick up; 19.5 miles each way; 39
miles total
8. Petitioner has been compelled to transport child 429 miles within a 17 -day
period without Respondent sharing in the transportation.
9. Respondent refuses to share in the transportation of the child.
10. Paragraph S of the April 11, 100S Order may need "times for exchange"
revised to accommodate both parents schedules.
THEREFORE. Petitioner respectfully requests this Honorable Court direct
Respondent to share the burden of transportation with the Petitioner. Petitioner
requests that the Court amend the April 8, 2005 Custody Order, specifically paragraph
11, directing that the transportation of the child be the responsibility of both Petitioner
and Respondent on an alternating schedule; furthermore, Petitioner requests that the
Respondent be ordered to pay Petitioners costs and attorney fees for filling and
pursuing the Petition for Special Relief herein.
Respectfully Submitted,
Date: 14r/a4
)
Galen R. Waltz, Esquire
Attorney for Petioner/Plaintiff
Turo Law Office
GRWaltz@TuroLaw.com
rr
VERI FICA liON
I verify that the statements made in the foregoing Petition for Special Relief are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
9 - :2 g - o?
Date
Q?;t ;24-
T dd E. Paul I
04/0:U ;20(1:} 10: ,jri FAX 7172452165
llmo L~W OFFICES
l4J 002
RECEIVED APR 082005
rJAA
ToddE Paulus,
PlaintiffiPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBE.qLAt~JD COUNTY, PENNSYl VANtA
v.
: NO. 6244-1995
Desiree Diaz.
DefendantIRe.spondent
: CIVil ACTION - CUSTODY
COURT ORDER
AND NOW. this ~)... day of. A p;t J . , 2005, it is hereby ordered
and directed as follows:
1. This courfs prior Order dated March 29, 1996 and February 10,2005 are
vacated.
2. Nyasha Jonee Paulus. who was bom May 16, 1993 is the natural child of
Todd E. Pauius, Plaintiff, and Desiree Diaz. Defendant.
3. Shared legal custody of the child as contemplated by the Act of October 30,
1985, P.L 264, 23 P.S.~1, at $SQ., wilibe in both of the parties, as the
natural parents.
4. Primary physical custody of the child shan be in the mother.
5. Father shall have the following periods of partial custody:
a. Alternating weekends. from Thursday at 5:00p.m. until Monday at
9:00am. On those dates Ylhen mothers work/school requires her to be
involved on Monday moming, mother can notify father and mother can pick
the child up at a time later than 9:00am on Monday moming.
b. One evening every week which will be from noon until the following
morning at 9:00a.m. Absent an agreement between the parties, the evening
shall be Tuesday following the weekend when the mother has custOdy, but
Thursday 9VerltOg following the weekend when father has custody. When the
fat.~ starts schoolt the starur.g time for the mid-week period. of temporary
custody Shall beginat-5:00 .p.ffi.
EXHIBIT
I ; 'A "
04/ 01/ 200~; 1 n : c1:1 FP..x 7172452165
TURO L1W OFFICES
!4J 003
6. The Christmas holiday shaH be divlded into two segments being from
Christmas Eve at 10:00a.m. until Christmas Day at 10:00 a.m. and Christmas
Day at 10:00 a.m. until December 26 at 10:00 a.m. These segments shall be
alternated betweM tr.e parties with the mother having the second segment
and the father having the first segment in December 2005.
7. Major holidays of New Year's Day, Easter, Memoria' Day, 4th of July, Labor
Day and Thank....~iving Day, shall be shared equally between the parties under
time frame from 9:00a.m. until 3:00p.m. and 3:oop.m_ until 9:oop.m_ Absent
agreement by the parties to the contrary, mother shail have the time in the
afternoon on the holidays.
8. Mother shan enjoy custody on Mother's Day from 9:00 a.m. until 5:00p.m. and
father shall enjoy the same on Father's Day. This provision shall supersede
any other provision of this Order.
9. The custodial parent shall arrange that the non-custodial parent shall have
reasonable period of time with the minor child on the minor child's birthday.
10. Each parent shalf be entitled to two weeks of vacation time with ti-te minor
child_ The vacation time can be consecutive or non-consecutiv9. At least 30
days advance notice shall be given to the other parent with respect to
exercising this vacation_
11. On exchanges of custody, the parent receiving shall pick up the minor child
unless agreed otherwise by the parties.
12. In the event that aria party is going to have custody on a holiday and desires
to use that holiday for a long weekend out of the area, the other party shall
attempt to accommodate li1atrequest by exchanging a weekend or .otherwise
trying to Pt"V~ide a suitable accomrnodationfor a long vleekend.
13. The party 5\'1all give the -other party atiQast ihre&months notice in writing if
there is a decision made to relocate out of. the Commonwealth of
Pennsylvania.
14. In the event that either party takes the minor child out of the Commonwealth of
Pennsylvania on an over night stay, they shall notify the other parent in
04,101/200"" ]'0' t':, F,&",l 7172452185
TURO LAW OFFICES
~004
advance with respect to the address and phone number as to where they wlii
be staying_
15. This agreement can be changed when the parties mutually agree to the
change_
16. This order is entered pursuant to an agreement reached by the parties
subsequent to the February 3, 2005 custody conciliation conference. In the
event that either party desires to modify this order, that party may petition this
court to have the case again referred to a custody conciliator.
BYTHE COURT
t5! ;-Bt~IJ,d. t.
J. Wesley Oler) Jr. J ge
Cc: Galen) R. Waltz, Esquire
Dirk Berry, Esquire
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Todd E. Paulus,
PlaintiffJPetitioner
f} ~-'.
: IN THE COURT OF COMMON PL~-S ~
: CUMBERlAND COUNlY, PENN~tV~
.. . :;:.:.;)
Desiree Di~
~ndanURespondent
: CIVIL ACTION - CUSTODY
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CUSTODY STIPULATION
The parties stipulate to tl)e attached Court Order ar.d request that all prior Court
Orders be vacated.
/ 1- f/5
CP-lP~
Todd E. Paulus
Date
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Date
Driving Directions from 16 Enck Dr, Boiling Springs, P A to 4 James Dr, Newville, P ^
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CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Petition for Special Relief, by depositing same in the United States Mail, Certified
Return Receipt Requested on the a::;q-J4 day of ')p~~.....k.-, 2006, from Carlisle,
Pennsylvania, addressed as follows:
Desiree Diaz
4 James Drive
Newville, PA 17241
TURD LAW OFFICES
)
en R. Waltz, E uire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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TODD E. PAULUS,
Plaintiff
...
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
DESIREE DIAZ,
Defendant
NO. 95-6244 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of October, 2006, upon consideration of Plaintiffs
Petition for Special Relief, this matter is referred to the custody conciliation process
pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this
referral.
BY THE COURT,
~en R. Waltz, Esq.
28 South Pitt Street
Carlisle, P A 17013
Attorney for Plaintiff
~iree Diaz
4 James Drive
Newville, P A 17241
Defendant, pro Se
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TODD E. PAULUS
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-6244 CIVIL ACTION LAW
DESIREE DIAZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, October 09,2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 16, 2006
, the conciliator,
at 8:30 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 hearinl!.
FOR THE COURT.
By: Isl
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 infonnation 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 A TTORNEY AT ONCE. IF YOU DO NOT
HA VE 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
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 6244 -1995 CIVIL TERM
TODD E. PAULUS
PlaintifflPetitioner
DESIREE DIAl-ORTIZ
DefendanMRespondent
: CIVIL ACTION - LAW
: IN CUSTODY
ANSWER WITH NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted
4. Admitted.
5. Admitted in part and Denied in part. It is admitted that the approximate distance
between the two residences is 18-19 miles. It is Denied that the distances with respect to
the school pick-up drop-off issue are the same.
6. Admitted in part and Denied in part. It is admitted that the approximate round trip
distance between the two residences is 36-38 miles. It is Denied that the distances with
respect to the school pick-up drop-off issue are the same.
7. Denied and strict proofthereofis demanded at trial. To the extent that further
response may be required or desired, 6 of the 10 instances listed were the transportation
that is indisputably father's per paragraph 11 of the current custody Order (which father
references in paragraph 2 of his instant petition), 3 of the instances are for drop off at the
school after father enjoyed overnight custody (and see new matter), and the remaining
instance (September 18, 2006) is false.
8. Denied and strict proof thereof is demanded at trial. Father has not been
compelled to transport and respondent has properly shared in transport.
9. Denied and strict proof thereof is demanded at trial. This allegation is completely
false and highly inflammatory. Father, who is fully aware of the falsity of this allegation,
should be required to pay mother's attorney fees necessitated by the defense thereof.
10. Denied in part and admitted in part. It is admitted that some parts of the Order
may need to be modified. It is denied that the proper part(s) needing modification is, or
is limited to, paragraph (5) of the existing custody Order.
NEW MATTER
11. Paragraphs one (1) through ten (10) are herby incorporated as if fully set forth.
12. Prior to this year, the child has been attending a private Christian school in
Carlisle, which has now closed.
13. Father refused to pay half tuition for the child to attend Carlisle Christian
Academy, which is located on the outskirts of Carlisle.
14. Father's refusal to share in the tuition forced the child to attend public school,
which by district boundaries is in the Big Spring school district.
15. The child is happy and well adjusted to her school in Big Spring school district.
16. Further moves of the child to a different school at this time would to detrimental
to needs and welfare of the child.
17. The Order should be modified so that it is clear that the parent with the preceding
overnight custody is responsible for ensuring that the child is at school at the proper time
on the morning following the overnight custody.
WHEREFORE, Desiree Diaz-Ortiz, natural mother of the subject child, Nyasha Paulus,
respectfully requests that this Honorable Court modify the existing custody order so that
it is clear that the parent with the preceding overnight custody is responsible for ensuring
that the child is at school at the proper time on the morning following the overnight
custody.
ATTORNEY'S FEES
18. Paragraphs one (1) through (17) are hereby incorporated as if fully set forth.
19. Paragraphs 8 and 9 of father's instant petition contain blatant falsehoods, of which
father was fully aware, and paragraph 7 of father's instant petition contains such
misrepresentation by omission of material facts that the overall effect is bordering on
falsehood as well.
20. Accordingly, mother has acquired attorney's fees and other costs in time and
emotional distress by having to defend against allegations that Petitioner knows are false.
WHEREFORE~ Desiree Diaz-Ortiz~ natural mother of the subject child~ Nyasha Paulus~
respectfully requests that this Honorable Court order Petitioner to pay mother~ s costs and
attorney fees for defense of the instant petition.
Respectfully Submitted~
~DIRKBERR~ESQ._
Dirk E. Berry ~ Esquire
Attorney for Natural MotherlRespondent
44 S. Hanover Street
Carlisle~ P A 17013
(717) 243-4448
TODD E. PAULUS
PlaintifflPetitioner
v.
DESIREE DIAl-ORTIZ
DefendantIRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 6244 -1995 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certify that on this day Defendant's Answer
was served by fIrst class mail, postage pre-paid, upon the following persons:
Galen R. Waltz, Esquire
28 S. Pitt Street
Carlisle, P A 17013
Hubert X. Gilroy, Esquire
Broujos & Gilroy
4 North Hanover Street
Carlisle, PA 17013
Date: 10 - 2 7- 0 (
~
Dirk E. Berry, Esquire
Attorney for Defendant
44 S. Hanover St.
Carlisle, PAl 70 13
(717) 243-4448
~
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11
TODD E. PAULUS,
Plaintiff/Petitioner
fENNSYLVANIA
!
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
v.
: NO. 6244-1995
ESIREE DIAZ,
Defendant/Respondent
: CIVIL ACTION - CUSTODY
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
o THE PROTHONOTARY:
Please withdraw my appearance in the above-captioned matter on behalf of the
laintiff/Petitioner.
Respectfully Submitted
TURO LAW OFFICES
c
Galen R. Waltz, Es
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
PRAECIPE FOR ENTRY OF APPEARANCE
o THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Thomas J. Williams, Esquire, on behalf of the
laintiff/Petitioner in the above-captioned case.
Respectfully Submitted
THOMAS J. WILLIAMS
'1~ ~ JJ
Thomas J. Willi s, Esquire
10 E. High Street
Carlisle, P A 17013
(717) 243-3341
....
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RECE\\/EL
MO~ 09 2006
MOWO
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office
at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Galen R. Waltz, Esquire
Turo Law Office
28 South Pitt Street
Carlisle, PA 17013
Hubert X. Gilroy, Esquire
BROUJOS & GILROY, P.C.
Four North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
~jJ~
T . 'a D. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: November 15,2006
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TODD E. PAULUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
NO. 1995-6244
CIVIL ACTION - LAW
DESIREE DIAZ-ORTIZ,
Defendant
IN CUSTODY
COURT ORDER
AND NOW, this 2..2....,1 day of November, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that this Court's prior Order of April
8, 2005 shall remain in place subject to the following modifications:
1. On exchange of custody, the following rules shall apply:
A. During the summer months and on all non-school days (excluding normal
holiday schedules as set forth below), exchange of custody shall be at the
Maternal Grandmother's home in Carlisle. If the Maternal Grandmother
is not available, it is the Mother's obligation to handle transportation for
exchange of custody at those times. The time for exchange in the afternoon
shall be 4:15 at the Maternal Grandmother's home, with the understanding
that if Mother cannot get the child to the Grandmother's home by 4:15 the
Mother shall be obligated to transport the child to Father's house.
B. Exchange of custody pursuant to major holidays as set forth in the April 8,
2005 Order shall remain the same relative to transportation requirements.
C. On school days, Father shall handle transportation for exchange of custody.
2. Neither parent shall disparage the other parent in the presence of the minor child
nor shall either parent interfere with any communications the minor child is
having with their other parent. Additionally, both parents shall ensure that their
spouses or significant others or other individuals shall not act in a manner that
disparages the other parent to the child.
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3. Both parents shall be under the obligation of providing all information they have
concerning the child to the other parent relative to school, health, social activities
and related matters.
4. This Order and the shared custody arrangement as set forth in the April 8, 2005
Order is such that the school district and medical providers for the minor child are
hereby authorized to share with both parents any and all information concerning
the minor child.
5. Additionally, it is recognized that the parties themselves have modified the existing
custody arrangement relative to some days and times for exchange of custody, and
the existing arrangement between the parties shall continue regardless of the
specific language of the prior Order.
BY THE COURT,
JI/
fA../~
. Wesley 01
Cc: ~mas Williams, Esquire
vl9irk Berry, Esquire
~
.
TODD E. PAULUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 1995-6244
CIVIL ACTION - LAW
DESIREE DIAZ-ORTIZ,
Defendant
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Nyasha Jonee Paulus, born May 16, 1993
2. A Conciliation Conference was held on November 16, 2006 with the following
individuals in attendance:
The Mother, Desiree Diaz-Ortiz, with her counsel, Dirk Berry, Esquire
The Father, Todd E. Paulus, with his counsel, Thomas Williams, Esquire
3. The parties agree to an entry of an Order in the form as attached.
Date: November~, 2006
Hubert X. G' oy, Esquire
Custody C cilia tor