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HomeMy WebLinkAbout02-5868MELISSA D. JACOBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY GLENN A. WOMER, r ?.? to Defendant NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Melissa D. Jacobs, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Melissa D. Jacobs, residing at 905 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendant is Glenn A. Womer, residing at 5041 5t° Avenue, Lake Ariel, Wayne County, Pennsylvania, 18436. 3. Plaintiff seeks custody of the following children: Name Present Residence Date- of Birth Matthew Jacobs-Womer 905 North Arch Street, Mechanicsburg, PA 9/17/98 Amanda Jacobs-Womer 905 North Arch Street, Mechanicsburg, PA 7/8/01 The children were born out of wedlock. The children are presently in the custody of Melissa D. Jacobs, who resides at 905 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past four years, the children have resided with the following persons and at the following addresses: Persons Address 1) Matthew Dates Melissa Jacobs 905 North Arch Street, Mechanicsburg, PA Lloyd D. Jacobs Weekdays, 6/99 - 6/00 Diane L. Jacobs Glenn Womer and Melissa Jacobs 12 W. State Street, Delmar, MD 21825 Weekends,6/99 - 2/00 Glenn Womer and Melissa Jacobs 7050 Sixty Foot Road, Pittsville, MD 21850 Weekends, 2/00 - 6/00 Melissa Jacobs 905 North Arch Street, Mechanicsburg, PA Lloyd D. Jacobs 6/00 - currently Diane L. Jacobs 2) Amanda Melissa Jacobs 905 North Arch Street, Mechanicsburg, PA 7/8/01 -currently The mother of the children is Melissa Jacobs, currently residing at 905 North Arch Street, Cumberland County, Pennsylvania, 17055. She is single. The father ofthe children is Glenn Womer, currently residing at 5041 5'Avenue, LakeAriel, Wayne County, Pennsylvania, 18436. He is married. 4. The relationship of the plaintiff to the child is that of mother. The plaintiff resides with the following persons: Name Relationship Lloyd D. Jacobs Father Diane L. Jacobs Mother Matthew A. Jacobs Son Amanda R. Jacobs Daughter 5. The relationship of defendant to the child is that of father with the following persons: Name Relationship Maria Reakes Womer Wife Elan Royster Step daughter Anthony Royster Step son Ryan C. Womer Son Brandon M. Womer Son The defendant currently resides Jessica K. Womer Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody court of this Commonwealth or any other state. proceeding concerning the children pending in a 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. 7. 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) Plaintiff provides the children with a home with the necessary moral, emotional, and physical surroundings to meet the children's needs; C) Plaintiff continues to exercise parental duties on behalf of the children and enjoys the love and affection of the children; d) Plaintiff is willing to grant the father periods of partial custody in order for the children to develop strong parent/child relationships with both parents. 8. 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 her primary physical custody of the children. Date: ?? n?, Sara Myer Certified Legal Intern O PLACE ROBER E. RAINS LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custod of my personal knowled e y Complaint are true and correct to the best g e belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C g 4904, relating to unswom falsification to authorities. Date: Gad Melissa D. Jacobs, Plainti ? MELISSA D. JACOBS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5868 CIVIL ACTION LAW GLENN A. WOMER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 15, 2003 at 10:30 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 hearing. FOR THE COURT, By: /sl _fdcgueline M. Verney, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /-Ov? r ?S 0 Z0 DEC 11 2002 MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY GLENN A. WOMER, Defendant : NO. CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Sherif: Kindly allow Melissa D. Jacobs, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the parry. Date ?a 02 Respectfully submitted, ?:L. Dj4??t-, Sara Myer Certified Legal Intern THOMA PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 on r f v _?7 FEB 0 6 2003 MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2002-5868 CIVIL TERM GLENN A. WOMER, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -4` day of Fe.L w , 2003, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The Mother, Melissa D. Jacobs, and the Father, Glenn A. Womer, shall have shared legal custody of Matthew Jacobs-Womer, born September 17, 1998 and Amanda Jacobs-Womer, born July 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the: Children. 3. Father shall have periods of partial physical custody of Matthew as follows: A. Beginning March 1, 2003 and continuing thereafter every third weekend from Saturday morning at a time agreed by the parties to Sunday at 5:30 p.m. This schedule shall continue for the months of March, April and May, 2003. B. Beginning June, 2003, and continuing thereafter every third weekend from Friday at 6:00 p.m. to Sunday at 5:30 p.m. C. Mother agrees to exchange weekends in the event Father is scheduled for weekend guard duty on his otherwise custodial weekend. Father shall provide Mother with at least one month advance notice of his selected weekend. This paragraph contemplates Father having 17 weekends per year. 4. Father shall have periods of visitation with Amanda when he picks up and drops off Matthew for his weekends and other times agreed by the parties. It is agreed that these times shall be expanded to partial physical custody including overnights as Amanda matures. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 6:00 p.m. to Christmas Day at 6:00 p.m. and Block B shall be -A cu:? ',. from Christmas Day at 6:00 p.m. to December 26 at 6:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block B in odd numbered years and Block A in even numbered years. 6. The Easter holiday shall be alternated with Father having custody in odd numbered years and Mother having custody in even numbered years. 7. Thanksgiving shall be alternated with Mother having custody in odd numbered years and Father having custody in even numbered years. However when Mother has custody, Father may pick up the children on Thursday evening and extend his weekend period of custody. 8. Mother shall have custody of the children on Mother's Day; Father shall have custody of the children on Father's Day, both at times agreed by the parties. 9. For the summer of 2003, Father shall be entitled to two long weekends, one for three overnights and one for four overnights. Thereafter, Father shall be entitled to one uninterrupted week in the summer. Father shall provide Mother with 30 days prior notice of the exercise of his summer periods. 10. Father shall be responsible for all transportation and agrees to minimize the time the child/children will be in the car. 11. Mother shall have the right to inspect Father's home for appropriateness and safety. This shall occur in February, 2003. 12. Father shall secure all guns, hunting knives, bow and arrows and tools so that they do not pose a safety hazard to the children. 13. Father shall not smoke in the car while Matthew is in the vehicle. 14. 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, J. cc: Sara Myer, certified legal intern, Counsel for M ther Lucy Johnston-Walsh, Esquire, Family Law Clinic (x-d" o -C- 3-67-0-3 Mark F. Bayley, Esquire, Counsel for Father MELISSA D. JACOBS, Plaintiff V. GLENN A. WOMER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-5868 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMAR YREPORT 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Jacobs-Womer September 17, 1998 Mother Amanda Jacobs-Womer July 8, 2001 Mother 2. A Conciliation Conference was held in this matter on February 5, 2003, with the following individuals in attendance: The Mother, Melissa D. Jacobs, with her counsel, Sara Myer, certified legal intern and Lucy Johnston-Walsh, Esquire of the Family Law Clinic and Father, Glenn A. Womer, with his counsel, Mark F. Bayley, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. vl - 6 - c) 3 Date cqu ine M. Verney, Esquire Custody Conciliator MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5868 CIVIL TERM GLENN A. WOMER, : IN CUSTODY Defendant : JUDGE: KEVIN A. HESS PETITION FOR CONTEMPT AND NOW, comes Glenn A. Womer, by and through his counsel, Michael O. Palermo, Jr., Esquire and in support of his Petition for Contempt avers as follows: 1. There was a Custody Order entered on February 7, 2003, by the Honorable Kevin A. Hess. Attached as Exhibit "A". 2. The aforementioned Order granted Petitioner, Glenn A. Womer periods of partial custody of the minor child, Matthew Jacobs-Womer born September 17, 1998, every third weekend for the months of March, April and May, 2003 from a time agreed upon by the parties on Saturday mornings until 5:30 p.m. on Sunday. Beginning June, 2003, petitioner had partial periods of custody every third weekend from Friday at 6:00 p.m. to Sunday at 5:30 p.m. 3. Petitioner was granted periods of visitation with the minor child, Amanda Jacobs- Womer born July 8, 2001, when he picked up the minor child, Matthew and other times as agreed upon by the parties. Said visitation was to have been expanded to partial physical custody including overnights as the child matured. 4. Petitioner asserts that he has only been allowed to see the minor children twice in a two year period. 5. Respondent does not communicate with Petitioner regarding the whereabouts of the children and does not allow visitation and custody as ordered by the Court. 6. On several occasions in front of witnesses, Respondent has instilled fear in both minor children by telling them, that Petitioner would kidnap them and that they would not see Respondent again. 7. Petitioner's attorney fees are in the amount of $500.00 to file this petition and attend a subsequent hearing on the matter. 8. Petitioner believes and therefore avers that his attorney fees should be paid by Respondent for being in contempt of this Honorable Court. WHEREFORE, your Petitioner respectfully requests that this Honorable Court find the Respondent in contempt of the Court Order entered on February 7, 2003, and grant Petitioner liberal visitation with the minor children. This Honorable Court should also direct that Respondent is responsible to pay attorney's fees in the amount of $500.00 to Petitioner's attorney. Date: WV. z sr .??+ Respectfully submitted, ROMINGER & ASSOCIATES Michael O Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5868 CIVIL TERM GLENN A. WOMER, : IN CUSTODY Defendant : JUDGE: KEVIN A. HESS CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr. Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle, Pennsylvania. addressed as follows: Melissa D. Jacobs 905 North Arch Street Mechanicsburg, PA 17055 Dated: i0ov 4& . Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Pale , Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner MELISSA D. JACOBS, Plaintiff v. GLENN A. WOMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5868 CIVIL TERM IN CUSTODY JUDGE: KEVIN A. HESS 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. Date: 1 07 JJ ?'," ?- Glenn A. Womer, Petitioner obo/? 3 FEB 0 6 2003 ft? MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5868 CIVIL TERM GLENN A. WOMER, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003. upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The Mother, Melissa D. Jacobs, and the Father, Glenn A. Worrier, shall have shared legal custody of Matthew Jacobs-Womer, born September 17, 1998 and Amanda Jacobs-Womer, born July 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of Matthew as follows: A. Beginning March 1, 2003 and continuing thereafter every third weekend from Saturday morning at a time agreed by the parties to Sunday at 5:30 p.m. This schedule shall continue for the months of March, April and May, 2003. B. Beginning June, 2003, and continuing thereafter every third weekend from Friday at 6:00 p.m. to Sunday at 5:30 p.m. C. Mother agrees to exchange weekends in the event Father is scheduled for weekend guard duty on his otherwise custodial weekend. Father shall provide Mother with at least one month advance notice of his selected weekend. This paragraph contemplates Father having 17 weekends per year. 4. Father shall have periods of visitation with Amanda when he picks up and drops off Matthew for his weekends and other times agreed by the parties. It is agreed that these times shall be expanded to partial physical custody including overnights as Amanda matures. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 6:00 p.m. to Christmas Day at 6:00 p.m. and Block B shall be from Christmas Day at 6:00 p.m. to December 26 at 6:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block B in odd numbered years and Block A in even numbered years. 6. The Easter holiday shall be alternated with Father having custody in odd numbered years and Mother having custody in even numbered years. 7. Thanksgiving shall be alternated with Mother having custody in odd numbered years and Father having custody in even numbered years. However when Mother has custody, Father may pick up the children on Thursday evening and extend his weekend period of custody. 8. Mother shall have custody of the children on Mother's Day; Father shall have custody of the children on Father's Day, both at times agreed by the parties. 9. For the summer of 2003, Father shall be entitled to two long weekends. one for three overnights and one for four overnights. Thereafter, Father shall be entitled to one uninterrupted week in the summer. Father shall provide Mother with 30 days prior notice of the exercise of his summer periods. 10. Father shall be responsible for all transportation and agrees to minimize the time the child/children will be in the car. 11. Mother shall have the right to inspect Father's home for appropriateness and safety. This shall occur in February, 2003. 12. Father shall secure all guns, hunting knives, bow and arrows and tools so that they do not pose a safety hazard to the children. 13. Father shall not smoke in the car while Matthew is in the vehicle. 14. 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 CMJRT, /?11/ yl?w? (1). )4?? J. cc: Sara Myer, certified legal intern, Counsel for Mother Lucy Johnston-Walsh, Esquire, Family Law Clinic Mark F. Bayley, Esquire, Counsel for Father TRUE COPS" FROM PFMRD In T lknony when t) , i lier unto ?g my hand and the tal Uf said cou t at Pe. fhi ,_.dayy o Pmthoavtar,? MELISSA D. JACOBS, Plaintiff V. GLENN A. WOMER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-5868 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8. the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litication is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthe%?' Jacobs-Womer September 17, 1998 Mother Amanda Jacobs-Womer July 8, 2001 Mother 2. A Conciliation Conference was held in this matter on February 5, 2003, with the following individuals in attendance: The Mother, Melissa D. Jacobs, with her counsel. Sara Myer, certified legal intern and Lucy Johnston-Walsh, Esquire of the Family Law Clinic and Father, Glenn A. Womer, with his counsel, Mark F. Bayley, Esquire. The parties agreed to the entry of an Order in the form as attached. Date J/acqu6line M. Verney, Esquire v Custody Conciliator -41A, c o a <, -, $ O c N rTl =' , ? ? -p {T_ MELISSA D. JACOBS • IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2002-5868 CIVIL ACTION LAW GLENN A. WOMER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, __ Friday, November 30, 2007 it is hereby directed that parties and their respective counsel appear be n consideration of the attached Complaint, at 4th Floor, Cumberland County Courthouse, Carlisle on Thu s vJacqueline M. Verney, Esq. the conciliator, ecember 20, 2007 _ at 10 ly for aPre-Hearing Custody Conference. At such conference, an effort will be, Dmad if this cannot be accomplished, to define and narrow the issues to be heard by the e to resolve the issues to dispute; or 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 fr Special Relief orders, and Custodv orders to the conciliator 48 hours prior to s °m Abuse orders, cheduled hearing. FOR THE COURT, By: /s/ ac uelrne M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to com l w' with Disabilites Act of 1990. For information about accessible facilities and reason r p c tth the Americans available to disabled individuals having business before the court, please contact our office. oce. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You conference or hearing, must attend the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHON OU DO NOT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. E THE OFFICE SET Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "q_j 4 MELISSA D. JACOBS, Plaintiff. V. GLENN A. WOMER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5868 CIVIL ACTION-LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully Submitted, Carrucoli & Associates, PC By: Kel1y M. Did, Esquire 875 Market Street, Suite 200 Lemoyne, PA 17043 717-761-1274 Supreme Court ID# 93167 Attorneys for Plaintiff Dated: f l q10 CERTIFICATE OF SERVICE AND NOW on this day of January, 2008, I, Kelly M. Dick, Esquire, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid addressed to: Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant (tom . ?t By: Kelly M. Di 875 Market Street, Suite 200 Lemoyne, PA 17043 717-761-1274 Supreme Court ID# 93167 Attorneys for Plaintiff ,- r?-? 7 i ? Vic..-, c?a r'.rr.'+ . 'C3 c...t --! -? t ? ?-- T °rs . ? .?:? ?'?t? _: _.?. ? - ?; r-' ,,.? - .C? ? - r-?G C?? JAN 2 4 2006 mY MELISSA D. JACOBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5868 CIVIL ACTION - LAW GLENN A. WOMER, . Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this ,'q' day of arc. v , 2008, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Order of Court dated February 7, 2003 is hereby vacated. 2. The Mother, Melissa D. Jacobs, and the Father, Glenn A. Womer, shall have shared legal custody of Matthew Jacobs-Womer, born September 17, 1998 and Amanda Jacobs-Womer, born July 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. Mother shall have primary physical custody of the Children. 4. Father shall have periods of partial physical custody of the Children as follows: A. Beginning Saturday, February 2, 2008 from 12:00 noon to 5:00 p.m. and continuing thereafter every third Saturday at the same times. VINV1t11SM3d A.Lwol 1 :8 WV OC Nvr 80QZ ,tE viw ow CHI. fit) 3OL B. Once Father has reoccupied his home and Maternal Grandmother has the opportunity to inspect the home, assuming the home is appropriate and safe, Father shall begin periods of partial physical custody from Saturday morning, at a time acceptable to the parties to Sunday at 5:30 p.m. and continue with this schedule every third weekend. C. After three months of the weekends allowed in paragraph 4B, Father shall have periods of partial physical custody from Friday between 6:00 -7:00 p.m. to Sunday at 5:30 p.m. This schedule shall continue thereafter every three weekends. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 6:00 p.m. to Christmas Day at 6:00 p.m. and Block B shall be from Christmas Day at 6:00 p.m. to December 26 at 6:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block B in odd numbered years and Block A in even numbered years. 6. The Easter holiday shall be alternated with Father having custody in odd numbered years and Mother having custody in even numbered years. 7. Thanksgiving shall be alternated with Mother having custody in odd numbered years and Father having custody in even numbered years. In even numbered years Father shall have the children from Wednesday evening to Sunday at 5:30 p.m. and in odd numbered years, Father shall have the children from Friday morning to Sunday at 5:30 p.m. 8. Mother shall have custody of the children on Mother's Day; Father shall have custody of the children on Father's Day, both at times agreed by the parti; s. 9. Father shall have physical custody of the children for one full week in the summer provided he give Mother 30 days prior notice and address and telephone number where the children will be. 10. Father shall be responsible for all transportation for the Saturday 12:00 noon to 5:00 p.m. custody periods. For all other transportation, the parties shall meet at Fort Indiantown Gap Exit of 18 1, unless Mother is on call for that weekend, in which case Father shall be responsible for all transportation. 11. Once construction is complete on Father's home, counsel for the parties shall arrange an inspection of Father's home by Maternal Grandmother for appropriateness and safety. 12. Father shall secure all guns, hunting knives, bow and arrows and tools so that they do not pose a safety hazard to the children. 13. Father shall not smoke in the car while Matthew is in the vehicle. 14. 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. cc: Michael O. Palermo, Esquire, Counsel for Father -Kelly McNaney Dick, Esquire, Counsel for Mother e:5 ;Lx er%?v6cL BY THE COURT. JAN 2 4 2008 MELISSA D. JACOBS, Plaintiff/Respondent V. GLENN A. WOMER, Defendant/Petitioner PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-5868 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Jacobs-Womer September 17, 1998 Mother Amanda Jacobs-Womer July 8, 2001 Mother 2. A Conciliation Conference was held in this matter on January 23, 2008, with the following individuals in attendance: The Father, Glenn A. Womer, with his counsel, Michael O. Palermo, Esquire and Mother, Melissa D. Jacobs, with her counsel, Kelly McNaney Dick, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated February 7, 2003 providing for shared legal custody, Mother having primary physical custody and Father having partial physical custody every third weekend. 4. The parties agreed to the entry of an Order in the form as attached. Date acq eline M. Verney, Esquire Custody Conciliator