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HomeMy WebLinkAbout04-0742 II 'I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 7Jf~ CIVIL TERM CIVIL ACTION-LAW IN CUSTODY JASON M. HERSHEY, Plaintiff MICHELLE L. SAFFEL, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Jason M. Hershey, an adult individual, residing at 9 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Michelle L. Saffel, an adult individual residing at 116 East Willow Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present residence Age Alexander Joseph Saffel 116 East Willow Street Carlisle, Pennsylvania 2 months The child's birthdate is December 22, 2003. The child was born out of wedlock. The child is presently in the custody of Defendant, who resides at 116 East Willow Street, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Michelle L. Saffel Cathy Saffel 116 East Willow Street Carlisle, Pennsylvania birth to present !I 'I The natural mother of the child is Michelle L. Saffel, currently residing at 116 East Willow Street, Carlisle, Cumberland County, Pennsylvania. She is not married to the Plaintiff. The natural father of the child is Jason M. Hershey, currently residing at 9 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. He is not married to the Defendant. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship father Bill Hershey Judy Hershey mother 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Cathy Saffel mother 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other 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 or claims to have custody or visitation rights with respect to the child. II 'I 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: z.1 (~ 10'1 ~(,~ Michael A Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/hershey/custody.pld :1 'I VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not rny own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsifications to authorities. DATE:$6'/O L/ ~~~~ iY (.J '69 \l 'i ..... r--.. ;-~.:) p C-:J' '-_J !,~ ...';'. ""-. - Ii .J:::: lrt I;: ;;:'-, ,--:.' --.] \) .- "'-"'0 () ") ~ ~ (" 'l'n 'v 0 ~ : ~, ),\' t 0 - i P- {. J - ., J- ......J -. --<.: JASON M. HERSHEY PLAINTIFF IN IHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-742 CIVIL ACTION LAW MIHCELLE L. SAFFEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlmsel appear betoreJacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 18,2004 at 9:30 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 hearinll. FOR THE COLlRT, By: Isl Jacqueline 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~~ fp ___~,N~r/ ~ $5C.c ..h:;z ~ ~u.. dr;l. ~-C" ~~ '7-~~,)ro frV'-5e'c "AJJln(~ ",1 r,,' . .~ ; ':-:: /, ! /"1 J.... .'I',J t:?") U! ('M? I] ,~ ." ,Cj "" - 'J.I "/ntnz '. ~v '~J.:J U' ),)":'1.') (ii'''U:.-.J I /".' I -., 1/ '(\ ..J ; ".:",":, -, J-LVCQ '::;r~Ll. j,-,' -.""I,:L~lo-Gjli.:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON HERSHEY PLAINTIFF VS MICHELLE SAFFEL, DEFENDANT No: 04-742 CIVIL ACTION LAW ACTION IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY I. In response to paragraph one of Plaintiffs complaint, Defendant admits the same. 2. In response to paragraph two of Defendants complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant responds as follows. Defendant admits that Alexander Joseph Saffel was born out of wedlock as as result of the relationship between the parties on December 22, 2003. Defendant further admits that the minor child has resided with her exclusively since his birth. Defendant further states that she is the proper party to have the custody. care and control of the minor child Alexander Joseph Saffel. 4. In response to paragraph four of Plaintiffs Complaint, Defendant admits the same. 5. In response to paragraph five of Plaintiffs Complaint Defendant admits the same. 6. In response to paragraph six of Plaintiffs Complaint, Defendant neither admits nor denies the same as she is without sufficient information to form a belief as to the truth of this allegation. 7. In response to paragraph seven of Plaintiffs Complaint, Defendant admits the same. WHEREFORE, Defendant respectfully requests that the Plaintiff be granted Limited and supervised visitation with the minor child only. Date: ~ l~;~I.a.d "". e' Orr Law Offices 50 East High Street Carlisle, P A 17013 717-258-8558 I.D.68721 ~C1. VERIFICA nON Michelle Saffel, states that she has read the above Answer to Complaint for Custody and states that she is the Defendant in this matter and the statements made herein are true and accurate and her answer is made Subject to the penalties of 18 PA C.S. 4904, relating to unsworn falsification to authorities. Dated this day of March, 2004. m~ ~~~ Michelle L. Saffel 0 "', C:~J C~ C:;~J . ~ .......-.. ;;i.J N '.' 5;:; <;";} :::i Cl -, CO V MAR 1 8 2004 V JASON M. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-742 CIVIL TERM MICHELLE L. SAFFEL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this zzv dayof,.,.,~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Jason M. Hershey, and the Mothler, Michelle L. Saffel, shall have shared legal custody of Alexander Joseph Saffel, born December 22,2003. 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 ~md religion. 2. Mother shall have primary physical custody of the Child. 3. custody: Father shall have the following phased in peliod of partial physical A. Phase I-for the first two months: 1. Beginning March 20, 2004 and continuing until May 15, 2004 every Saturday from 8:00 a.m. to 12:100 noon. 2. Beginning March 23, 2004 and continuing until May 19, 2004 every Tuesday and Wednesday from 4:00 p.m. to 8:00 p.m. 3. Said periods shall be supervised by Father's parents, except during transportation. B. Phase II-for the next two months: 1. Beginning May 25,2004 every Tuesday and Wednesday from 4:00 p.m. to 8:00 p.m. 2. Beginning Friday, May 21, 2004 overnight every Friday at 4:00 p.m. to Saturday at 4:00 p.m. 3, Said periods are not supervised. C. Phase III i:~!~ED-Cf:FiCE OF THr:: P,~'OTj'!n>\cn/'J1"{ 20D!, Ni'tll 22 P;'i 2: 117 1. Beginning July 27, 2004 every Tuesdlay and Wednesday from 4:00 p.m. to 8:00 p.m. 2. Beginning July 24, 2004 and alternating weekends thereafter, from Saturday at 8:00 a.m. to Monday moming when Father shall transport the Child to daycare. 3. Said periods are not supervised. 4. Father shall be responsible for transportation on Tuesdays and Wednesdays. The parties shall share transportation as agreed for all other times. 5. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd nwnbered years. Mother shall have Block A in odd nwnbered years and Block B in even nwnbered years. 6. Thanksgiving shall be split from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. 7. Mother shall always have physical custody of the Child on Mother's Day; Father shall always have physical custody of the Child on Father's Day. In he event Mother's Day or Father's Day falls on an altemating weekend of the other parent, the parties shall swap weekends to effectuate this paragraph. 8. Mother shall always have physical custody of the Child on Memorial Day from 9:00 a.m. to 5:00 p.m, The parties shall split July 4th from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed. Father shall always have physical custody of the Child on Labor Day from 9:00 a.m. to 5:00 p.m. 9. Each party shall have physical custody ofth.e Child on the Child's birthday for at least 2 hours. 10. Neither party may conswne alcohol or use illegal drugs immediately before or during their periods of physical custody. 11. This Order is entered pursuant to an agreem,:nt 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 ofthis Order shall control. cc: Michael A. Scherer, Esquire, for Father Richard R. Gan, Esquire, for Mother ?~ ~~.b~ ~~~ BY THE COURT, -r,4J J. JASON M. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ V. : 2003-742 CIVIL TERM MICHELLE L. SAFFEL, Defendant : CIVIL ACTION - lL.A W : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexander Joseph Saffel December 22, 2003 Mother 2. A Conciliation Conference was held in this matter on March 18, 2004, with the following individuals in attendance: The Father, Jason M. Hershey, with his counsel, Michael A. Scherer, Esquire and the Mother, Michelle L. Saffel, with her counsel, Richard R, Gan, Esquire. 3. The parties agreed to an Order in the form as attached. 3 ~ I 't /01 Date hli~e ;~:;ES~~ Custody Conciliator , ACKNOWLEDGEMENT OF MODIFIES TERMS Date: April 25, 2005 Dear, Reference is made to the order befween us dated, March 2200, 2004. This letter will acknowledge that the order is modified and superseded by the following agreed change in terms: I) The Father, Jason M. Hershey, and the Mother Michelle L. Saffel shall have shared legal and physical custody equally 50% ofthe time of their son, Alexander Joseph Saffel, born December 22,2003. 2) Father's time starting on Tuesday at 4:00 p,rn. until the following Tuesday at 4:00 p.m. Then the Mother shall have the child on Tuesday at 4:00 p.m. until the following Tuesday at 4:00 p.rn., switching off every other week. 3) On the Tuesday that either parent starts their week, it is that parent's responsibility to pick the child up, unless other arrangements have been made 24 hours in advance and is agreed upon by both parents. 4) Each parent is also responsible for all work time missed due to any illness or appointments the child may have during their time of physical custody. 5) Each parent during their time of physical custody shall be responsible for all daycare responsibilities including all costs associated. 6) Each parent shall claim Alex on their tax return every other year, Father claiming on even numbered years starting in 2006, and the Mother claiming on odd numbered years starting in 2007. 7) Easter shall be split into two blocks. Block A being from 9:00 a.rn. until 3:00 p.m. Block B being from 3:00 p.rn. until 9:00 p.m., switching off every other year. .. All other terms shall remain as stated. Unless I immediately hear from you to the contrary, in writing, I shall assume said modification is mutually agreeable, and I shall proceed accordingly on the modified term. Please acknowledge same below and return one copy for my file. Very truly yours, S/ 'J- 'IjJ ( ?-ftv~ The foregoing modification is acknowledged: ...1 -n -:y::::, ~ (;-I,. :-~ ~ ~ ~ <V, (,,'. "- ~ ~ '0-. ~ "' ~ t<J ~ --. ., -. '\ ~ .., '^ ;:: -......:;;' . , -- RECEIVED MAY 25 7nr~/ , JASON M. HERSHEY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004.742 CIVIL TERM MICHELLE L. SAFFEL, Defendant :CML ACTION - LAW :IN CUSTODY ORDER OF COURT AND NOW, this z.&.' day of ~, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jason M. Hershey, and the Mother, Michelle L. Saffel, shall have shared legal and physical custody equally 50% of the time of their son, Alexander Joseph Saffel, born December 22, 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 heahh, education and religion. 2. The Father shall have physical custody from Tuesday at 4:00 p.rn. until the following Tuesday at 4:00 p.rn. The Mother shall have custody from Tuesday at 4:00 p.rn. until the following Tuesday at 4:00 p.rn., switching off every other week. 3. On the Tuesday that either parent starts their week it is that parents responsibility to pick up the child unless other arrangements have been made 24 hours prior and must be agreed on by both parents. 4. Each parent during their time of custody shall be responsible for all daycare responsibilities including all costs associated. 5. Each parent is also responsible for all work time missed due to any illness or appoints the child may have during their time of physical custody. 6. Each parent shall claim the child on their tax return every other year, Father claiming on even numbered years starting in 2006, Mother claiming on odd numbered years. 7. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas day at 12:00 noon. Block B shall be from Christmas day at 12:00 noon to December 26, at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. - '..,.....n" ;. ,,:~i'Jj IV 92 :6 ~i~ L (, .~ \/IBOOl Ab'V10;<C't.iJ:k;d 3Hl ;\0 3::)'!~.;:lC~'~(T:nlj - " 1 Mother shall have Block A in odd numbered years and Block B in even numbered years. 8. Thanksgiving shall be split from 9:00 a.m. to 3:00 p.rn. and 3:00 p.m. to 9:00 p.rn. as agreed by the parties. 9. Easter shall be split from 9:00 a.rn. to 3:00 p.rn. and 3:00 p.rn. to 9:00 p.m. as agreed by the parties. 10. Mother shall always have physical custody of the Child on Mother's Day; Father shall always have physical custody the Child on Father's Day. In the event Mother's Day or Father's Day fulls on an ahemating weekend of the other parent, the parties shall swap weekends to effectuate this paragraph. II. Mother shall always have physical custody of the Child on Memorial Day from 9:00 a.rn. to 5:00 p.rn. The parties shall split July 4th from 9:00 a.rn. to 3:00 p.rn. and 3:00 p.rn. to 9:00 p.rn. as agreed. Father shall always have physical custody of the Child on Labor Day from 9:00 a.rn. to 5:00 p.rn. 12. Each party shall have physical custody of the Child on the Child's birthday for at least 2 hours. 13. On shared holidays each parent must travel one way or meet halfway as agreed by the parties. 14. Neither party may consume alcohol or use illegal drugs immediately before or during their periods of physical custody. IS. 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 tenus of this Order shall control. BY THE COURT, .4;/ JASON M. HERSHEY, Plaintiff vs. MICHELLE 1. SAFFEL, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS 0 F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-742 CIVIL IN CUSTODY " ORDER ..Jf,..rrl- day of Ml!1; 2005, it appearing that our order of May 26, 2005, was entered in error, same is VACATED in its entirety. ~on M. Hershey 9 Partridge Circle Carlisle, PA 17013 ~ichelle 1. Saffel 116 E. Willow Street Carlisle, P A 17013 .;.(acqueline Verney, Esquire Conciliator :r1m BY THE COURT, ~ -r. "7;:- .6-. :.-) 'l:~ "':;-'}'J;3 C) --?\ '''-.e,." <";?1' <t~; o--"':;'~'?<"') ..'.'\'-JA....,. ,'...'~~ ....... ;~~ v ~ ~_ cP~ '<;J ~ oJ>-~ _ q"'r. '\ ~-'6_ -:tb q:c't;- ~ ~~~ ~ 'b ~ . JASON M. HERSHEY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004-742 CIVIL TERM MICHELLE L. SAFFEL, Defendant :CIVIL ACTION - LAW :IN CUSTODY PETITION OF MODIFICATION OF CUSTODY I Jason M. Hershey wish to petition the court for a modification of custody of my son, Alexander Joseph Saffel, born December 22, 2003. I would like to have him 50% of the time equally shared with his mother Michelle 1. Saffe!. My reasons for this is as followed: 1. As his father I feel all responsibilities concerning Alex should be shared equally. 2. I am now already having my son more then the original order states for me to have him; she appears to be comfortable with me having him as she asks me to keep him extra. 3. I feel that Michelle having Alex as much as she does seems to be too much for her. Her personal attitude and activities have lead me to believe this. Sincerely, Jason M. Hershey ~~~ ?/ ~ ~ v\ c::::> '*=' 1::-0> <;: ~ lS: -::v.. ~ -, ~ t. ~ " "\ ~ s:, ~ V'~ <;l,~ ..c:: a I..!j "-.:; :< 0 ....> f? """ ,,~ ~ ~. --' -v 6~ '- -;J:-n \~,l::; \-: c: rnf:: :;,e , -or<:1 - :;01, l.l) e,,;l -2, ~ ~: \..., ,.r'4'"' ~ [j~} ~,,';' -"'~ ~~.~~,~" ....' ~~ --=-u;l..J J;;" of'll _.~ .,';:", 0 ?; :.2 N .'<. , JASON M. HERSHEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-742 CIVIL ACTION LAW MICHELLE L. SAFFEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 15, 2005 , upon consideration ofthe 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 Tuesday. July 05. 2005 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 detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT, By: Isl .::Y Tacqueline M. Vemev. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 . ~ -< ~e?,r7 ~ ~ ~ ~ Sf"?I-,? ~7b ~ ~ ~ 4-,;mJ 517'1/ ~ {~lt'l!~,~i(:!':;//'~il'?r'~ t:~;~;i;~!~,~n8 I I :c Hd 91 Nnr SOOl Al:Nl.ONOHlObd 3Hl dO j:)I:L:!O-031I:l RECEIVED JUL 0520( J JASON M. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHELLE L. SAFFEL, Defendant : NO. 2004-742 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 1~-tA day of ~ ,2005, upon consideration of the attached Custody Concili IOn port, It IS ordered and dlfected as follows: 1. A Hearing is scheduled in Court Room No. 'I , of the Cumberland County Court House, on the I~ day of (flI'.A:l../dA..../ , 2005, at /: 30 o'clock, L. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Cowrt 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. Pending further Order of Court or agreemtmt of the parties, the prior Order of Court shall remain in full force and effect with the following modifications: 3. Father shall have alternating weekends from Friday at 4:00 p.m. to Monday morning when Father will be responsible for getting the child to daycare. Father shall also have physical custody of the child overnight every Tuesday evening to Wednesday morning when Father shall take the child to daycare. 4. Easter shall be shared by the parties from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 5. The parties may modifY this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Vlr\V~\lASi'-,-H\'.:Jd I I N('r ,.-, ,""." ;~'.'-.'."n" 1\.1. ~ ,J ,,';.' f"- ':::1\1 V 00: 1/ ~i~ C I lnrsoDz AtJV.lO~;O:Lc;id 3Hl :iO :J::l::J:!O-03lIJ cc: Jason M. Hershey, pro se 202 West North Street Carlisle, PA 17013 Michelle 1. Saffel, pro se 116 East Willow Street Carlisle, PA 17013 BY THE COURT, 114- ~ ~_ 1_/3-Ds' ~, J. JASON M. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHELLE L. SAFFEL, Defendant : NO. 2004-742 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Alexander Joseph Saffel December 22, 2003 Mother 2. A Conciliation Conference was held July 5, 2005 with fhe following individuals in attendance: The Father, Jason M. Hershey, pro se, and the Mother, Michelle 1. Saffel, pro se. 3. The Court previously entered an Order ofConrt on March 22,2004, providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on an alternating weekend basis, 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that he can care for the child and deserves equal time with the child. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends, Friday to Monday and one overnight every week. Mofher maintains that a weekend on/week off schedule would not provide the child with a stable, nurturing schedule. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father alternating weekends, Friday to Monday morning, and every Tuesday overnight. It is expected thaf the Hearing will require one half day. 1-<) -05 Date Q-- . C ~ M. i/lA~Oi ~.. Verney, Esquire Custody Conciliator JASON M. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V MICHELLE L. SAFFEL, Defendant CIVIL ACTION - LAW NO. 2004-742 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 14th day of October, 2005, after hearing, the motion of the plaintiff for modification of custody is granted in part, to the extent that our order of March 22, 2004, is modified to provide that on those periods of custody commencing on Tuesday at 4:00 p.m. he shall have custody of Alex until 8:00 p.m. on Wednesday. The balance of his motion for modification is denied, and the order of March 22, 2004, shall remain in full force and effect. By the Court, ~hn Broujos, Esquire For the Plaintiff ~ichelle L. :bg ~ t.; :u! f) l;t J ",r.1 c,r',f,? .'...,..J J!J\j'....