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HomeMy WebLinkAbout01-6291OSCAR HERNANDEZ, Plaintiff JENNIFER R. SMITH, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- 6.2 ~ I CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Oscar Hemandez, an adult individual currently residing at 115 Cranberry Road, Aspers, Adams County, Pennsylvania 17304. 2. Defendant is Jennifer R. Smith, an adult individual currently residing at 4615 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff is the natural Father of the child, Erica Hope Smith, bom August 8, 1998. 4. 5. lengths of time: NAME Oscar Hemandez Jennifer Smith Jennifer Smith The child was bom out of wedlock. Since birth, the child has resided with the following persons for the following DATER Birth to August 3, 1999 August 3, 1999 to present single. The natural Mother of the child is the Defendant, who resides as foresaid. She is 7. The natural Father of the child is the Plaintiff, who resides as foresaid. He is single. 8. The relationship of the Plaintiff to the child is that of natural Father. The Plaintiff currently resides with alone. 9. The relationship of the Defendant to the child is that of natural Mother. The Defendant currently resides with the child. It is unknown whether the Plaimiff lives with anyone other than the child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Oscar Hemandez, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: R~ubmitted, Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are tree 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. OSCAR HERNANDEZ, Pla~ffflff OSCAR HERNANDEZ PLAINTIFF V. JENNIFER R. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-6291 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Thursday, November 15, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Varney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 05, 2001 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ lacaueline M. Vernev. Esa. ~ ~A, 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 LAW OFFICES OF ~VhSLITSKY AND DIEHL ONE WEST HIGH STREET, SUITE 208 CARLISLE, ,PENNSYJ. VANIA ~7013 OSCAR 11ERNANDEZ, Plaintiff JENNIFER R. SMITH, Defendant : IN TIlE COUP¥1' OF COMMON PLEAS O1: : CUMBERLANI) COUNTY. PENNSYI,VANIA : NO. 2001-6291 CIVIL '1 k:P,M : CIVIl, ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 14th day of November 2001, comes Thomas S. Dichl, Esquire, Attorncy lbr thc Plaintiff; Oscar Ilernandez, and states that he had cause to be mailed a certified copy ora Complaint tbr Custody to the Defcndant, Jennifer R. Smith, by certified, restrictcd delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on November 10, 2001. Respectfully submitted, k'Ui'Jmas S. Diehi Attorney tbr the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX Sent To · Comp4ete ~tems 1, 2, and 3. Also comfllete item 4 if P.e~tltcted Delivery I$ desired. · P~nt your name and address on the revere so that we can return th® card to you. · Attach tills card to the back of ~® mailpiece, ~ on tile front if space permits. 1. ArUo~ Addn~a~d to: JENNIFER R. SMITH 4615 SOUPH CLEARVIEW DRIVE CAMP HILL, PA 17011 17 r-I yea ~ add~a belo~ i"l No 2. Article Number PS Form 3811, March 2001 7000 1670 0001 8780 DEC 0 $ 2Ul , d) OSCAR HERNANDEZ, Plaintiff V. JENNIFER R. (SMITH) MACHEMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this rT," day of ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Oscar Hemandez, and the Mother, Jennifer R. (Smith) Machemer, shall have shared legal custody of Erika Hope Smith, bom August 16, 1998. 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 her health, education and religion. 3. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of supervised physical custody, with his Mother acting as supervisor: A. Saturday, December 15, 2001 from 4:30 p.m. to 8:30 p.m. B. Thursday, December 27, 2001 from 4:30 p.m. to 8:30 p.m. C. Saturday, December 29, 2001 for a period of eight (8) hours at times agreed by the parties, and on alternating Saturdays thereafter for eight (8) hours. 5. Father shall obtain an anger management evaluation from a provider agreed to by the parties. Father shall follow the recommendations of the evaluation. Once Father's therapist is satisfied that Father's anger is under control, Father shall be entitled to nnsupervised alternating weekends with the child, at times agreed by the parties. 6. Father shall provide all transportation until Mother is physically able to drive at which time transportation shall be shared as agreed by the parties. 7. 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. VlNV/\-IA~qNN~d BY THE COURT, cc: Thomas S. Diehl, Esquire, Counsel for Father Timothy J. Colgan, Esquire, Counsel for Mother~. OSCAR HERNANDEZ, Plaintiff V. JENNIFER R. (SMITH) MACHEMER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2001-6291 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erika Hope Smith August 16, 1998 Mother 2. A Conciliation Conference was held in this matter on December 5, 2001, with the following individuals in attendance: The Father, Oscar Hemandez, with his counsel, Thomas S. Diehl, Esquire; and Timothy J. Colgan, Esquire on behalf of Mother, Jennifer R. (Smith) Machemer, who was present by phone due to a medical restriction. 3. The parties agreed to entry of an Order in the form as attached. Date ~acq~line M. Vemey, Esquire Custody Conciliator OSCAR HERNANDEZ, Plaintiff/Petitioner JENNIFER R. (SMITH) MACHEMER, Defendant/Respondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, Oscar Hemandez, by and through his counsel, Thomas S. Diehl, Esquire, who petitions this Honorbal Court as follows: 1. Petitioner is Oscar Hernandez, an adult individual currently residing at 115 Cranberry Road, Aspers, Adams County, Pennsylvania 17304. 2. Respondent is Jennifer R. (Smith) Machemer, an adult individual currently residing at 4615 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The Petitioner is the natural Father of the child, Erika Hope Smith, bom August 16,1998. 4. The parties are currently subject to a Custody Order dated December 12, 2001, which was the result of an agreement reached at a Custody Conciliation Conference held on December 5, 2001. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit 'A.' 5 Other than as noted above, there have been no additional actions relative to custody of the within named child in any jurisdiction to the Petitioner's knowledge. follows: Among the reasons why the Petitioner desires a modification to the Order are as (a) Paragraph 5 of the Order dated December 12, 2001, required Father to obtain anger management counseling prior to his receiving periods of partial, unsupervised, physical custody of the child on alternating weekends: (b) Accordingly, Father obtained such counseling through James W. Eash, LSW, of Riegler, Shienvold & Associates. (c) Father has since received a letter dated March 26, 2002, from James W. Eash, LSW, indicating that no further anger management counseling is recommended at this time. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit 'B.' 7. The natural Father of the child is Oscar Hemandez. He is single. 8. The natural Mother of the child is Jennifer R. (Smith) Machemer. She is married. 9. The relationship of the Petitioner to the child is that of natural Father. The natural Father currently resides with his parents. 10. The relationship of the Respondent to the child is that of natural Mother. The natural Mother currently resides with her husband. 11. The Petitioner has not participated as a party or a witness in any other capacity in litigation concerning the child except as noted above. 12. Petitioner has no information of any custody proceeding conceming the child pending in any Court of this Commonwealth. 13. The child's best interest and permanent welfare would be significantly improved by modifying the existing Custody Order by providing the child more contact with Father. WHEREFORE, Petitioner, Oscar Hernandez, respectfully requests this Honorable Court to enter an Order scheduling the parties for a Custody Conciliation to address modifying the existing custody order. Respectfully submitted, 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. O!CAR~HERN ND~EZ,~,I~ti ff EXHIBIT A OSCAa'm A EZ, Plaintiff JENNIFER R. (SMITH) MACHEMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this I ~'~ day of~, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Oscar Hernandez, and the Mother, Jennifer R. (Smith) Machemer, shall have shared legal custody of Erika Hope Smith, born August 16, 1998. 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 her health, education and religion. 3. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of supervised physical custody, with his Mother acting as supervisor: A. Saturday, December 15, 2001 from 4:30 p.m. to 8:30 p.m. B. Thursday, December 27, 2001 from 4:30 p.m. to 8:30 p.m. C. Saturday, December 29, 2001 for a period of eight (8) hours at times agreed by the parties, and on alternating Saturdays thereafter for eight (8) hours. 5. Father shall obtain an anger management evaluation from a provider agreed to by the parties. Father shall follow the recommendations of the evaluation. Once Father's therapist is satisfied that Father's anger is under control, Father shall be entitled to unsupervised alternating weekends with the child, at times agreed by the parties. 6. Father shall provide all transportation until Mother is physically able to drive at which time transportation shall be shared as agreed by the parties. 7. 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. RECEIVED BY THE COURT, I J. cc: Thomas S. Diehl, Esquire, Counsel for Father Timothy J. Colgan, Esquire, Counsel for Mother TRUE COPY 'I~ROM RECORD In Testimony whereo)~, I h~.r~. ~'-,.?o set my hand and t~el seal of said/Court at Carlisle, Pa. OSCAR HERNANDEZ, Plaintiff V. ~r~IF~.R ~ (SMm~ MAC)I~.MER, Defendant PRIOR JUDGE: None : IN ~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-6291 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIl. PROCEDURE 1915.3-8, the undemigned Custody Conciliator submits the following 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 Erika Hope Smith August 16, 1998 Mother 2. A Conciliation Conference was held in this matter on December 5, 2001, with the following individuals in attendance: The Father, Oscar Hernandez, with his counsel, Thomas S. Diehl, Esquire; and Timothy $. Colgan, Esquire on behalf of Mother, Jennifer R. (Smith) Machemer, who was present by phone due to a medical restriction. 3. The parties agreed to entry of an Order in the form as attached. Date ~)tacq~line M. Vemey, Esquire Custody Conciliator EXHIBIT B Riegler · Shie'nvold & Associates March 26, 2002 Thomas DieM, Esq. 1 West High Street Suite 208 Carlisle, PA 17013 RE: Oscar Hernandez Dear Thomas: Elliot Riegler, F;h.D. (1'948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Michael J. Asken, Ph.D. Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW, BCD Tracy Richards, QCSW, LCSW Don Lawrence, LSW Dyanne Seymore, QCSW, LSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LSW, BCD Lisa R. Paponetti, MA As you requested I am writing to confirm that I have met with Oscar Hernandez to evaluate his mental status and determine, if there is any psychopathology related to the allegations of physical abuse again~ his fo~mer girlfriend and child. Mr. Hernandez was referred pursuant to a court order as part of a custody order dated 12 December, 2001. His initial visit was positive and he was cooperative. He was aware of the purpose of his visit and was oriented to three spheres. He was able to answer all questions, was insightful, and understood the difference between right and wrong. In addition to the interview, Mr. Hernandez completed an MMPI-2 personality inventory. Oscar reported that he met Jennifer in 1999. He said that a_f[er dating for a "short period" they began living together, alld Jennifer became pregllallt. He said that after the baby was born they began to experience "money problems." They eventually separated with Jennifer retaining custody of the child. Oscar stated that he had no contact with his daughter until September, 2001 when he began to pursue visitation in court. During that process, Jennifer indicated to the court that Oscar had been verbally and physically abusive with her. He claims, however, that he never hit or raised his voice in anger against Jennifer or her family. He denies any other physical assaults or aggression. Oscar reports that he was born in Florida as the youngest of four children. He was raised by his natural parents. The family settled in the Gettysburg area while Oscar was in elementary school. His parents and siblings continue to live in the Gettysburg area in close proximity to one another. He states that his family was "close" and "loving". He says he was never hit or abused as a child. Although the MMPI-2 results were valid, Oscar appeared to present himself in an improbably favorable light. Similar patterns of answers indicate a very psychologically naive person who is denying common human l~allties. Individuals with this profile present themselves as controlled, responsible, easygoing and stable. Interpersonally they are friendly and interested in people, but avoid deep emotional involvement. Conflicts can occur with people who have different beliefs. Based on the present information, there is no reason to suspect an anger management problem or problem with abuse. There is evidence of some defensiveness and a low likelihood to admit faults as presented in his MMPI-2. However, this finding is tempered by the lack of corroborating evidence of abuse, such as past allegations of abuse, police reports, or arrests. In addition, Oscar notes that he has a cordial and cooperative relationship with the mother of his first child. There is APR 0 4 2002 2151 Linglesto~vnRoad. Suite200 - [tarrisburg, Pennsylvania 17110 · (717)540-1313 · Fax: (717) 540-1416 no apparem evidence of abuse in that relationship. Based on these findings there is no recommendation for further anger management counseling. Iffurtber evidence were forthcoming, this recommendation would be reconsidered. If you have any questions regarding this evaluation or recommendotion, please feel free to call. CERTIFICATE OF SERVICE I hereby certify this 8th day of May 2002, that a tree and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: Timothy J. Colgan, Esquire One South Baltimore Dillsburg, PA 17019 Ki~b~rly L. Ho~ghr//J Legal Assistant OSCAR HERNANDEZ PLAINTIFF V. JENNIFER R. (SMITH) MACHEMER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6291 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cnmherland County Courthouse, Carlisle on Tuesday, June 04, 2002 at 10:30 AM for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney. . 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 heating 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 OSCAR HERNANDEZ, Plaintiff V. JENNIFER R. (SMITH) MACHEMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this /t~ day of ~ ~ ,2002, upon consideration of the attached Custody Conciliafion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~ , of the Cumberland County Court House, on the ~W-/ff day of ~ ,2002, at c~ , 023 o'clock ~4~ . M., at which time testimony willd~e tak~. For purposes of this Hearing, Mother shall be deemed the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. A Pre-trial conference is scheduled in C?~.~ , of the C,umberl ~a~,d_ County Court House, on the /',a~ day of 426tf~.~ ,2002 at Q. oD o clock )8~ . M., to discuss the procedural iss~l~is matter. 3. Pending further Order of Court or agreement of the parties the following shall remain in effect. 4. The prior Order of Court dated December 12, 2001 is hereby vacated. 5. The Father, Oscar Hemandez, and the Mother, Jennifer R. (Smith) Machemer, shall have shared legal custody of Erika Hope Smith, born August 16, 1998. 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 her health, education and religion. 3. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of partial physical custody: A. Beginning Friday, June 7, 2002, two consecutive weekends fi.om Friday at 4:00 p.m. to Sunday at 6:00 p.m. and continuing thereafter on an alternating weekend schedule at the same days and times. B. Beginning June 11, 2002 every Tuesday from 4:00 p.m. to 8:00 p.m. C. July 4, 2002 fi.om 9:00 a.m. to 7:00 p.m. D. July 25, 2002 from 4:00 p.m. overnight and continue through Father's regular weekend. 5. The parties shall share transportation such that they will meet at the McDonald's in Dillsburg at the exchange times, unless otherwise agreed by the parties. 6. 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: Thomas S. Diehl, Esquire, ounsel for Fath~///- Timothy J. Colgan, Esquire, Counsel for Mother Jo JUl O 5 2002 OSCAR HERNANDEZ, Plaintiff V. JENNIFER R. (SMITH) MACHEMER, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-6291 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erika Hope Smith August 16, 1998 Mother 2. A Conciliation Conference was held in this matter on June 4, 2002, with the following individuals in attendance: The Father, Oscar Hernandez, with his counsel, Thomas S. Diehl, Esquire; and Mother, Jennifer R. (Smith) Machemer, with her counsel, Timothy J. Colgan, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated December 12, 2001 which provided for shared legal custody with Mother having primary physical custody and Father having periods of supervised visitation pending an evaluation for anger management. 4. Father's position on custody is as follows: Father received a favorable evaluation and was seeking through his Petition for Modification, alternating weekends and one evening per week. However, Mother recently informed Father that she believed her current husband is the Father of the child in question, not the Petitioner herein. Father maintains that regardless of the outcome of any paternity testing, Mother should be estopped from asserting paternity due to the passage of time. Also, Father has been paying support voluntarily since 1999, a few months after Mother and child moved from his residence, and by court Order since December, 2001. Father believes it would not be in the child's best interest to terminate his custody/parental rights. In addition, Mother recently asked to relocate the child to North Carolina, as her present Husband has been transferred by his company. Father rejects the offer of physical custody for the summer, the Christmas holiday and spring break. He believes that Mother is relocating just to deny him custody of the child. Mother's current husband turned down a prior offer of promotion with his company to Louisiana to remain in this area. Both parties' families live in the immediate area. There are no family members living in the Durham, North Carolina area. Father claims there is prior history of Mother denying custody. Father is now seeking primary physical custody 5. Mother's position on custody is as follows: She seeks to relocate to North Carolina where her husband has been offered a promotion and salary increase from $34,500.00 to $50,000.00 annually with Coventry Health Care. Mother stays at home to care for her three children: one child is older than Erika, and of school age, with a different father; one child is younger than Erika, whose father is Mother's current husband. Mother has only recently asserted that her current husband is the father of Erika. Mother seeks to terminate Father, Oscar Hernandez' right to custody or parental rights. Mother's counsel intends to research the state of the law regarding paternity in such situations and file the appropriate Petition to overturn Father's rights to custody. Although Mother disputes the dates which Father voluntarily paid support prior to a support Order being entered, she admits that he has paid support since 1999. Mother recently withdrew her support action against Father. Mother seeks primary physical custody and the right to relocate. She has not filed a Petition for relocation or modification of the present custody Order. 6. Both parties seek a pre-trial conference to discuss the complex issues presented by this factual situation regarding paternity. 7. The Conciliator suggests an Order in the form as attached scheduling a pre-trial conference, a hearing and granting the parties shared legal custody, Mother with primary physical custody and Father with alternating weekends and one evening per week. It is expected that the hearing will require one day. Date J~cqt&line M. Vemey, Esquire Custody Conciliator OSCAR HERNANDEZ, Plaintiff Vo JENNIFER R. (SMITH) MACHEMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 : CIVIL TERM : CIVIL ACTION _ LAW .' : IN CUSTODy STIPULATIO~ AND NOW, comes the Plaintiff, Oscar Hernandez, by and through his counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. Plaintiff is Oscar Hernandez, an adult individual currently residing at 115 Cranberry Road, Aspers, Adams County, Pennsylvania 17304. 2. Defendant is Jennifer R. (Smith) Machemer, an adult individual currently residing at 4615 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff filed a Petition for Modification on May 10, 2002. 4. This matter is scheduled to be heard before the Honorable Kevin A. Hess on July 25, 2002. 5 The Plaintiff is represented by Thomas S. Diehl, Esquire, and the Defendant is represented by Timothy j. Co/gan, Esquire. 2002. 6. The part/es mutually agree to dismiss the hearing currently scheduled for July 25, JOL-8~-8808 13:18 PI~OM:NILEY LENOX COLSAN 7174380486 FRI31'I : M]~LIT~ ~ IM~"-L FI3.X NO. : TO: 717 8~0 08~3 P.008~008 Jul. 24 ~ 11:4~ P4 WHkREFOB,.E, partws i~pe~ffull? requests r.his Honnrabl¢ Court t~ dismiss the hearing ¢~rrm~tly schedule for July 25, 2002. Eaap~effully submitted, JUL 2 3 2002 A~torn{y for th{ Piai~iff O~ W~ High S~eet, SWm 208 Pos; 0~ Box 12~ Carlisle, P~sylv~ia 17013 (717) ~0-0~33 Timothy $, Attorney for Oa~ 8o~h B~timom 8~et Dill~b~q, Pennsylv~i~ 17019 (71 ~ 432-~66 OSCAR HERNANDEZ, Plaintiff Vo JENNIFER R. (SMITH) MACHEMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6291 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this Stipulation, dismissed. Z.q ' day of July 2002, upon review and consideration of the attached the above-captioned parties' hearing scheduled for July 25, 2002 is hereby BY THE COURT: Jo cc: .~omas S. Diehl, Esquire ~nothy J. Colgan, Esquire 7-.2q-0 ;z