Loading...
HomeMy WebLinkAbout07-0429Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. 07-41a-q CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Dana Heberling, residing at 102 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Jameson Christopher, residing at 821 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Jayden Christopher 102 Virginia Avenue 6-26-03 3 Years Carlisle, Pa 17013 The child was not born out of wedlock The child is presently in the custody of Dana Heberling, residing at 102 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Dana Heberling & Jameson Christopher 821 Factory Street Carlisle, Pa 17013 Birth to June/July 2006 Dana Heberlig 102 Virginia Avenue June/July 2006 to Present Carlisle, Pa 17013 4. The mother of the child is Dana Heberling, residing at 102 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. She is unmarried. The father of the child is Jameson Christopher, residing at 821 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. He is unmarried. 5. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Linda Bouder Mother 6. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Himself 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for a healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & WHARE Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. ; CIVIL ACTION - LAW Jameson Christopher, No. CIVIL Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint 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. Dana Heberlig, Plainti Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jameson Christopher 821 Factory Street Carlisle, Pa 17013 Date: ?? /?'' Z dvl Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff O 35. 1 'C7 O -? too ?. C ;. 41, ? .Q W ?? DANA HEBERLIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-429 CIVIL ACTION LAW JAMESON CHRISTOPHER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 21, 2007 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f 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/ Dawn S. Sunda Es q. 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 ? I :C, Uld 1,2 Rol FID S8 200i ?e DANA HEBERLIG Plaintiff vs. JAMESON CHRISTOPHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this MA day of t'V4.r , 2007, upon consideration of the attached Custody Conciliation Report, it is order k and directed as follows: 1. The Mother, Dana Heberlig, and the Father, Jameson Christopher, shall have shared legal custody of Jayden Christopher, born June 26, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: During weeks when the Father works from 7:00 a.m. until 3:00 p.m., the Father shall have custody of the Child Monday through Friday each day from 3:30 p.m. through 9:00 p.m. and during weeks when the Father works from 3:00 p.m. until 11:00 p.m., the Father shall have custody Monday through Friday each day from between 9:00 a.m. and 10:00 a.m. through 2:00 p.m. In addition, the Father shall have custody of the Child on alternating weekends from Friday through Sunday, with the times to be arranged by agreement between the parties. The Mother shall have custody of the Child at all times not specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The parties shall equally share having custody of the Child on Thanksgiving Day every year. C. The parties shall equally share or alternate having custody of the Child on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6 4. Each parent shall be entitled to have custody of the Child for 2 non-consecutive weeks each summer upon providing at least 30 days advance notice to the other party. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 5. In the event either parent intends to relocate his or her residence more than 25 miles farther from the other party's residence, that parent shall provide at least 60 days advance notice to the other parent of the intended relocation to enable the parties to adjust the custodial arrangements by agreement or obtain review of the proposed relocation through the legal process. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. The Father may file a Petition for an additional custody conciliation conference if the Father seeks to review or adjust the custodial arrangements set forth in this Order. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: t? . Rominger, Esquire - Counsel for Mother J eson Christopher, Father AI,1i? ; .F rYt, no 61 :Z ild LZ 833 LOOT AdVIO ',')i' i.l r d :IHI. JO DANA HEBERLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-429 CIVIL ACTION LAW JAMESON CHRISTOPHER Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jayden Christopher June 26, 2003 Mother/Father 2. A custody conciliation conference was held on February 21, 2007 with the following individuals in attendance: the Mother, Dana Heberlig, with her counsel, Karl E. Rominger, Esquire. The Father, Jameson Christopher did not attend the conference or contact the conciliator. The Mother's counsel confirmed that the Father was personally served with notice of the Mother's Petition and the conference date. 3. The Mother represented that she was seeking only to confirm the current custodial arrangements to which the parties had previously agreed and have been following. 4. Based upon the representations of the Mother and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. J-Pvv -7 , Qoo 7 Date Dawn S. Sunday, Esquire Custody Conciliator Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. 07429 CIVIL Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Dana Heberlig, who resides at 102 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Jameson Christopher, who resides at 821 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On February 27, 2007, the Honorable M. L. Ebert, Jr. entered an Order of Court attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Mother is now working day shift and the prior schedule was based on her old work hours. b. The Child will start kindergarten in the fall and the current schedule will not work for the start of school, as it has that child up to late. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Court Order of February 27, 2007, to better accommodate Mother's schedule and school. Date: January 22, 2008 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-5070 Supreme Court ID # 81924 Attorney for Plaintiff Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. 07-429 CIVIL Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. 1` { Date: Dana Heberlig, Plaintiff t 07112007K j DA'iTA HEBERLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-429 CIVIL ACTION LAW JAMESON CHRISTOPHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this J , 2007, upon J71? i1A)4jiAA1Z day of V consideration of the attached Custody Conciliation Report, it is order d and directed as follows: 1. The Mother, Dana Heberlig, and the Father, Jameson Christopher, shall have shared legal custody of Jayden Christopher, born June 26, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: During weeks when the Father works from 7:00 a.m. until 3:00 p.m., the Father shall have custody of the Child Monday through Friday each day from 3:30 p.m. through 9:00 p.m. and during weeks when the Father works from 3:00 p.m. until 11:00 p.m., the Father shall have custody Monday through Friday each day from between 9:00 a.m. and 10:00 a.m. through 2:00 p.m. In addition, the Father shall have custody of the Child on alternating weekends from Friday through Sunday, with the times to be arranged by agreement between the parties. The Mother shall have custody of the Child at all times not specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The parties shall equally share having custody of the Child on Thanksgiving Day every year. C. The parties shall equally share or alternate having custody of the Child on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. E?bs} °pM 1 • 4. Each parent shall be entitled to have custody of the Child for 2 non-consecutive weeks each summer upon providing at least 30 days advance notice to the other party. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 5. In the event either parent intends to relocate his or her residence more than 25 miles farther from the other party's residence, that parent shall provide at least 60 days advance notice to the other parent of the intended relocation to enable the parties to adjust the custodial arrangements by agreement or obtain review of the proposed relocation through the legal process. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. The Father may file a Petition for an additional custody conciliation conference if the Father seeks to review or adjust the custodial arrangements set forth in this Order. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S J. cc: Karl E. Rominger, Esquire - Counsel for Mother Jameson Christopher, Father fi'ClE COPY In Testimony V,!, the se', I' Fqf `" RICORD 3 :. v hard DANA HEBERLIG Plaintiff VS. JAMESON CHRISTOPHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-429 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jayden Christopher June 26, 2003 Mother/Father 2. A custody conciliation conference was held on February 21, 2007 with the following individuals in attendance: the Mother, Dana Heberlig, with her counsel, Karl E. Rominger, Esquire. The Father, Jameson Christopher did not attend the conference or contact the conciliator. The Mother's counsel confirmed that the Father was personally served with notice of the Mother's Petition and the conference date. 3. The Mother represented that she was seeking only to confirm the current custodial arrangements to which the parties had previously agreed and have been following. 4. Based upon the representations of the Mother and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Dana Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. 07-429 CIVII., Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Dana Heberlig, do hereby certify that I this day served a copy of the Pefi on to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Jameson Christopher 821 Factory Street Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: January 22, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff W 09 Ca DANA HEBERLIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMESON CHRISTOPHER DEFENDANT 2007-0429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 27, 2008 at 9:00 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. 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/ Dawn S. Sunday, 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 c Hz I" 24 J DANA HEBERLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-0429 CIVIL ACTION LAW JAMESON CHRISTOPHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z S" day of M 2008, upon tip & consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 27, 2007, shall continue in effect, with the exception of paragraph 2, which is modified and replaced by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During weeks when the Father works from 7:00 a.m. until 3:00 p.m., the Father shall have custody of the Child on Monday, Wednesday and Friday from 3:30 p.m. through 7:30 p.m. B. During weeks when the Father works from 3:00 p.m. until 11:00 p.m., the Father shall have custody of the Child Monday through Friday from when the Mother brings the Child to the Father's residence before work until the Mother picks up the Child after work each day. C. The Father shall have custody of the Child on alternating weekends from Friday through Monday. D. The Mother shall have custody of the Child at all times not specified for the Father in this provision. 3. The parties shall cooperate in making any necessary adjustments to the custody schedule for the upcoming school year when the Child begins kindergarten. In the event the parties are unable to resolve all of the school year schedule issues by agreement, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to address the school year schedule if necessary. 4. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, `,` M. L. Ebert, Jr. cc: 46rl E. Rominger, Esquire, Counsel for Mother Meson Christopher, Father 4 t4 ? ',u 6? ttJ 9 1 :,1 d SZ M OOOZ DANA HEBERLIG Plaintiff VS. JAMESON CHRISTOPHER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-0429 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jayden Christopher June 26, 2003 Mother/Father 2. A custody conciliation conference was held on March 19, 2008, with the following individuals in attendance: the Mother, Dana Heberlig, with her counsel, Karl E. Rominger, Esquire, and the Father, Jameson Christopher, who is not represented by counsel in this matter. The Child, Jayden Christopher, was also at the conference. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Dana Heberlig, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jameson Christopher, No. 07-429 CIVIL Defendant IN CUSTODY EMEGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Dana Heberlig, by and through her counsel, Karl E. Rominger, Esquire and in support of her Emergency Petition for Special Relief avers as follows: 1. Your Petitioner is Dana Heberlig who resides at 160 East Pomfret Street, Carlisle, PA but is moving on September 1, 2008, to 121 Briar Patch Drive, Carlisle, PA. 2. Respondent/Defendant is Jameson Christopher who resides at 821 Factory Street, Carlisle, PA. 3. Petitioner, through counsel, Karl E. Rominger, Esquire filed a Petition to Modify Custody on January 24, 2008, in the Cumberland County Court of Common Pleas. 4. On or about March 19, 2008, Petitioner and Respondent attended a Custody Conciliation with Dawn S. Sunday, Esquire as the Custody Conciliator. 5. As a result of the Custody Conciliation an Order of court was entered on or about March 25, 2008, by the Honorable Judge Ebert. (Attached as Exhibit "A"). 6. The March 25, 2008, Custody Order granted, Plaintiff and Respondent, physical custody of the minor child, Jayden Christopher as outlined in the attached Order of Court. By operation Mother has more custody than Father. 7. Petitioner is in the process of enrolling the child, Jayden Christopher in kindergarten in the school district where she will begin residing on September 1, 2008. (See attached Lease) 8. Petitioner asserts that Respondent has informed her that he will be taking the child out of the kindergarten school district that Petitioner is enrolling the child in and placing the child in the school district where he resides. 9. Removing the child from the school district where Petitioner will be residing will not be in the best interest of the child. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a temporary order directing the father not to take the child out of the school district he is currently being enrolled in, or such other Orders as the Court deems necessary and schedule a hearing on this matter. Respectfully, submitted, RONIINGER & ASSOCIATES, Date:8-- Zl- G 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Dana Heberlig, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW Jameson Christopher, No. 07-429 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Dana Heberlig, do hereby certify that I this day served a copy of this Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jameson Christopher 821 Factory Street Carlisle, PA 17013 Respectfully submitted, ROMINGER & ASSOCIATES, Date: (f?" Z ?--& Karl -E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff t 2 4 2008' DANA HEBERLIG IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-0429 CIVIL ACTION LAW JAMESON CHRISTOPHER Defendant IN CUSTODY ORDER OF COURT 3. The parties shall cooperate in making any necessary adjustments to the custody schedule for the upcoming school year when the Child begins kindergarten. In the event the parties are unable to resolve all of the school year schedule issues by agreement, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to address the school year schedule if necessary. PETITIONER'S 0 EXHIBIT a AND NOW, this ^2,6, A day of -A AA , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 27, 2007, shall continue in effect, with the exception of paragraph 2, which is modified and replaced by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During weeks when the Father works from 7:00 a.m. until 3:00 p.m., the Father shall have custody of the Child on Monday, Wednesday and Friday from 3:30 p.m. through 7:30 p.m. B. During weeks when the Father works from 3:00 p.m. until 11:00 p.m., the Father shall have custody of the Child Monday through Friday from when the Mother brings the Child to the Father's residence before work until the Mother picks up the Child after work each day. C. The Father shall have custody of the Child on alternating weekends from Friday through Monday. D. The Mother shall have custody of the Child at all times not specified for the Father in this provision. 4. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, )s M. L. ert, Jr. J. cc: Karl E. Rominger, Esquire, Counsel for Mother Jameson Christopher, Father TRUE, copy r nom, PEOORD In Testimony wherccf, :U - O set my hand an the seal of Id I4 at far Pa. T i 012 -)f n.0a'0J ' . . 0. - - . ... PProthon ary DANA HEBERLIG Plaintiff VS. JAMESON CHRISTOPHER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-0429 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jayden Christopher June 26, 2003 Mother/Father 2. A custody conciliation conference was held on March 19, 2008, with the following individuals in attendance: the Mother, Dana Heberlig, with her counsel, Karl E. Rominger, Esquire, and the Father, Jameson Christopher, who is not represented by counsel in this matter. The Child, Jayden Christopher, was also at the conference. 3. The parties agreed to entry of an Order in the form as attached. kIva, al LL-,Jl Date Dawn S. Sunday, Esquire Custody Conciliator ALL-STATE LEGAL® m =p w z -a m C6 s d Z E 9. -21 $ 5` Iwo# m ? s IaA ll e7 • , W' Hill B +. a Q I t mw ?g g ?s . g it ? . pit I o h m ? m > y ???alelsac?aaoo?? 9 THE lit g ? 1U?aal ? o o?,gg :-fR $iR R lop- s ? ? R1R111( JRa ? 0 C < °x A I« E ? n onm>m m vnma? nma??m>v? fill NMM ?1? f? r g9n S? .?. Ss N «« ??5? Nww i.LLa . a N s I j ffil I ? N v 7 i ?y 1 } E d n m a? m> ,e m o ? mad n m > ?m>po n m > ?_ z fie X 3 3 E 6g .8 ? a8 & ??? 0. g g?. it s s $ a - $ 8 $ $ lit; n m>? v?,m a o n m >?nm > nm >gnma???m a? m> ?n ?+ fill E? c, ?R E? Gig f ?. ?R ? ???? ?.• .? ?? 333 ? ? s ;a flig P` 3 9' 8 $6•• ?RS ?? ? s trill a not r 11 5 S 5 r?3 7 F'rQ A 0 • C7 O sT?r-? As Q ?y r..a xp- x m Ga CD ? 1 DANA HEBERLIG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMESON CHRISTOPHER NO. 07-0429 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21s` day of August, 2008, upon consideration of the Plaintiff's Emergency Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Defendant Jameson Christopher to show cause why the Relief requested by the Plaintiff should not be granted; 2. Defendant shall file an Answer to this Petition on or before September 5, 2008; 3. This matter shall be scheduled for a custody conciliation hearing as soon as possible. 4. Pending the custody conciliation hearing, the child shall be enrolled in the Cumberland Valley School District. By the Court, VA,, -4, ?, M. L. Ebert, Jr., J. oe-6l E. Rominger, Esquire Attorney for Plaintiff eson Christopher Defendant Court Administrator bas 6 e- xl;c ?1?,?c6 ?aS ge :01 WV Zz 00y gooz q G "'Hi -jr DANA HEBERLIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. JAMESON CHRISTOPHER DEFENDANT 2007-429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 23, 2008 at 10:00 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. 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/ Dawn S. Sunda Es . 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 40140?? _* -E lr-IPW I Alw f /,Or? . - ?, ? 10,4? itv ?7- t7w 4v -,W,? PE •? v$m ez ,env U,boz OCT 2 7 2008 61 DANA HEBERLIG Plaintiff vs. JAMESON CHRISTOPHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this i? 11 consideration of the attached Custod ncay of ,, c ob L? 2008, upon Y ihation Report, it is ordered and directed as follows: The prior Order of this Court dated March 25, 2008 shall continue in effect. 2. The Child shall remain enrolled in the Cumberland Valley School District pending further Order of Court or agreement of the parties. BY THE COURT, ?v? ??04 M. L. Ebert, Jr. J cc: Karl E. Rominger, Esquire - Counsel for Mother Jameson Christopher - Father 67" :9 wv 62" 130 Haz DANA HEBERLIG Plaintiff vs. JAMESON CHRISTOPHER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-429 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jayden Christopher June 26, 2003 Mother/Father 2. A custody conciliation conference was held on October 22, 2008, with the following individuals in attendance: the Mother, Dana Heberlig, with her counsel, Karl E. Rominger, Esquire. The Father, Jameson Christopher, did not attend the conference or contact the conciliator. 3. The Mother filed this Emergency Petition for Special Relief seeking to enroll the Child in the Cumberland Valley School District beginning in the 2008-2009 school year. This Court entered an interim Order on August 21, 2008 requiring Mother to file a Rule to Show Cause and the Father to answer by a certain date. The Court also referred the matter for conciliation and issued a temporary Order, pending the conciliation conference, requiring that the Child be enrolled in the Cumberland Valley School District. 4. The Mother and her counsel stated at the conference that the Father had not filed an Answer to the Rule to Show Cause and since issuance of the August 21, 2008 Order, has not taken any action to object to the Child's continued enrollment in the Cumberland Valley School District. 5. Based upon the representations of the Mother and her counsel at the conference, the fact that the Mother has custody of the Child for more than 50% of the time under the existing Order dated March 25, 2008, the attendance of the Child in the Cumberland Valley School District since the beginning of this school year and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached continuing the Order entered by the Court on August 21, 2008. D ,2,3 Pvo i:" Date Dawn S. Sunday, Esquire Custody Conciliator