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HomeMy WebLinkAbout08-4597ANNA K, SLOBODIAN, Plaintiff V. LUCAS SLOBODIAN, Defendant COMPLAINT IN CUSTODY 1. Plaintiff is Anna K. Slobodian, an adult individual residing at 32 W. Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Lucas Slododian, an adult individual residing at 2015 Yale Avenue, Camp Hill, Pennsylvania 17011. 3. The parties are the natural parents of the following minor child: Isabella Slobodian, born August 23, 2006 (hereinafter, "the child"). 4. The child was not born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 32 W. Simpson Street, Mechanicsburg, Pennsylvania 17055. 6. During the past five years, the child has resided with the following persons and at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ll g', y CIVIL ACTION - CHILD CUSTODY the following addresses: Names Addresses Dates Anna K. Slobodian Lucas Slobodian Anna K. Slobodian Shara Eltringham. Jerry Eltringham 2015 Yale Avenue Camp Hill, PA 17011 32 W. Simpson Street Mechanicsburg, PA 17055 08/23/06 - 7/9/08 7/9/08 - present 7. The mother of the child is Plaintiff Anna K. Slobodian, residing with the child at 32 W. Simpson Street, Mechanicsburg, Pennsylvania 17055. She is married. 8. The father of the child is Defendant Lucas Slobodian, who resides at 2015 Yale Avenue, Camp Hill, Pennsylvania 17011. He is married. 9. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Shara Eltringham Friend Jerry Eltringham Friend 10. The relationship of the Defendant to the child is that of father. The Defendant currently resides by himself. 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the child cannot be adequately cared for by Defendant, who lives in a home which is unkept and filthy; b) the father has engaged in conduct which is verbally and emotionally abusive; c) the father has made little attempt to see his daughter; and d) the emotional, physical and/or spiritual development of the child will be enhanced by granting primary physical and legal custody of the child to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to her primary physical and legal custody of the child, Isabella Slobodian. Respectfully submitted, (2? X. ?L/ Joh M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Anna K. Slobodian Dated: July 31, 2008 VERIFICATION The undersigned hereby states that she is the Plaintiff in the foregoing Custody action and that, as such, she is authorized to execute this Verification and that any factual statements contained in the preceding Complaint In Custody are true to the best of my knowledge, information and belief. I understand that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to aut orities. Anna K. Slobodian ANNA K. SLOBODIAN, Plaintiff V. LUCAS SLOBODIAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Complaint In Custody," on the below-named individual in the manned indicated. VIA CERTIFIED and FIRST CLASS MAIL POSTAGE PREPAID Lucas Slobodian 2015 Yale Avenue Camp Hill, PA 17011 - Q? W. 4, Joh . Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Anna K. Slobodian Dated: July 31, 2008 t N O 'J IN- Ul Q C'? n..a Cx3 CS_ t sl r-_: :t 3 ANNA K. SLOBODIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. LUCAS SLOBODIAN DEFENDANT 2008-4597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 09, 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/ ohn . Man an r. 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 VWAIP+td AMOO SO .E Wd L- snv OR MVIGNOHIOW 3Hi d4 5EC 01200867 ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant ORDER OF COURT 0 AND NOW this -/ ` day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Lucas Slobodian, and the Mother, Anna Slobodian, shall have shared legal custody of Isabella Slobodian, born 08/23/2006. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, contact numbers, the residence address of the Child and of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Monday after Father gets off of work until Thursday morning. All regular physical custody exchanges shall occur at Isabella's daycare. Father shall pick up Isabella Monday after Father gets off of work and Father shall transport Isabella to daycare Thursday morning. Mother is responsible for taking Isabella to daycare Mondays, picking Isabella up from daycare Thursdays and transporting to and from daycare Fridays. Father is responsible for transporting Isabella from daycare Mondays, taking Isabella to and from daycare Tuesdays and Wednesdays and for dropping Isabella off at day care Thursday morning. b. The parties may alter said physical custody schedule of the Child as the parties may mutually agree. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The non-custodial parent shall pick up the Child at the other parent's residence for the holiday exchanges. 5. Each parent shall have two periods of vacation with the Child per year. One period shall be for ten (10) consecutive days and the other period shall be for seven (7) consecutive days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter these vacation times and advance notice by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Relocation: The parties have come to an agreement regarding the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Each parent shall ensure that the Child has safe and secure living accommodations when the Child is in their care. Should either parent not be able to provide safe and stable living accommodations for the Child, absent mutual agreement, either parent may request a status conference with the assigned conciliator to assist in determining the Child's best interest to ascertain an appropriate physical custodial schedule. 12. This Order is entered pursuant to 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. stribution: '91, JJ9n Kerr, Esquire ?Harold Irwin, Esquire ?John J. Mangan, Esquire Oo p lies en*ac e L l?IK?DS c U-: -_ `- ?: ' i t` ?"y ?j t..J S..- HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da I" Half From 9 am until 3 m Father Mother Easter Da 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving l st From 9 am Wednesday until 9 am Father Father Half Thanksgiving Da Thanksgiving 2" From 9 am on Thanksgiving Day Mother Mother half until 9 am Friday Christmas is Half From noon on 12/23 until 10 pm Father Father 12/24 Christmas 2" Half From 10 m 12/24 until 9 am 12/26 Mother Mother New Year's Eve Father Mother New Year's Da Father Mother Child's Birthday Mother shall celebrate the Child's Birthday the day of her Birthday and Father shall celebrate the following Friday from 4 m until 8 m Mother's Day From 8 pm on Saturday until Mother Mother Monday 9 am Father's Day From 8 pm on Saturday until Father Father Monda 9 am ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Slobodian 08/23/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 05, 2008 with the following individuals in attendance: The Mother, Anna K. Slobodian, with her counsel, John Kerr, Esq. The Father, Lucas Slobodian, with his counsel, Harold Irwin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?i zz 2 8' Date ANNA K. SLOBODIAN, Plaintiff V LUCAS SLOBODIAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4597 CIVIL ACTION LAW IN CUSTODY PLAINTIFF'S APPLICATION FOR EMERGENCY OR SPECIAL RELIEF AND NOW, comes Anna K. Slobodian, Plaintiff in the captioned action, by her counsel, John M. Kerr, Esquire, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, and files the within Application For Emergency or Special Relief, the nature of which is as follows: 1. Plaintiff is Anna K. Slobodian, an adult individual residing at 252 E. Crestwood Drive, Apartment A-8, Camp Hill, Pennsylvania 17011. 2. Defendant is Lucas Slobodian, an adult individual residing at 2015 Yale Avenue, Camp Hill, Pennsylvania 17011. 3. Pursuant to an Order of Court, dated December 4, 2008 (see copy appended to this document), Plaintiff was granted primary physical custody of the parties minor child, Isabella Slobodian, born August 23, 2006. 4. The Custody Order contained two provisions which sought to guarantee the safety of the minor child while in Father's partial physical custody: tlrl M. eff 5020 Potter Road sutte 109 Mechanicsburg, PA 17o5s Rr : 717.788.4,008 FAx: 717.788.4088 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/ be under the influence of alcoholic beverages to the point of intoxication.... 11. Each parent shall ensure that the Child has safe and secure living accommodations when the Child is in their care.... 5. The quoted provisions were placed in the Custody Order as a result of Plaintiff's h hn M. err 5020 Potter Road suue 109 MedVw*MbtVg, PA 17055 PHONE: 717.788.4008 FAx: 717.788.4066 concerns over the condition of Father's residence while her daughter was in his custody, as well as the lifestyle he was maintaining. 6. On Thursday evening, February 5, 2009, at approximately 8:00 p.m., as she was arriving to retrieve Isabella, Plaintiff noticed a marijuana plant in Defendant's bedroom. His door was open and the plant was in plain view. Defendant slammed the door shut, as Plaintiff asked him about the plant. 7. Plaintiff promptly telephoned the Camp Hill Police Department, who arrived by 8:45 p.m. and found potting soil on the floor and suspected manufacturing of marijuana. Although a search warrant could be obtained, they explained to Plaintiff that they did not have the manpower to execute the warrant and that Defendant remained under investigation. 8. In addition, the condition of Isabella's room was appalling. There was a mattress on the floor with no sheets, with no bed in her room. Diapers were scattered over the floor. 9. When Plaintiff arrives for the custody exchange, her daughter often is dirty and unkept. Defendant demands that Plaintiff remit a portion of the child support in order for him to feed his daughter. 10. Plaintiff has since learned that Defendant has been taking their daughter outside Pennsylvania to music fests where individuals take illegal drugs in her presence. 11. Plaintiff believes that her daughter is not safe in the custody of her Father, who neglects her in favor of an alternate lifestyle. She is kept in a dirty environment during Father's periods of partial physical custody and not properly fed. WHEREFORE, Plaintiff Anna K. Slobodian requests that the Court modify the existing Custody Order by restricting Defendant father's periods of physical custody to supervised visitation by an established social service agency. Respectfully submitted, J fn M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: February 9, 2009 otul M.e17 5020 Rorer Road suue 108 mechanicsbuM PA 17QS5 Flk a : 717.788.4008 Fnx: 717.766.4088 VERIFICATION The undersigned hereby states that she is the Petitioner in the foregoing Petition For Special Relief and that, as such, she is authorized to execute this Verification and that any factual statements contained in the preceding Petition For Special Relief are true to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unswo"Isification to authorities. CEC 012008 (3 ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Lucas Slobodian, and the Mother, Anna Slobodian, shall have shared legal custody of Isabella Slobodian, born 08/23/2006. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, contact numbers, the residence address of the Child and of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Monday after Father gets off of work until Thursday morning. All regular physical custody exchanges shall occur at Isabella's daycare. Father shall pick up Isabella Monday after Father gets off of work and Father shall transport Isabella to daycare Thursday morning. Mother is responsible for taking Isabella to daycare Mondays, picking Isabella up from daycare Thursdays and transporting to and from daycare Fridays. Father is responsible for transporting Isabella from daycare Mondays, taking Isabella to and from daycare Tuesdays and Wednesdays and for dropping Isabella off at day care Thursday morning. b. The parties may alter said physical custody schedule of the Child as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The non-custodial parent shall pick up the Child at the other parent's residence for the holiday exchanges. 5. Each parent shall have two periods of vacation with the Child per year. One period shall be for ten (10) consecutive days and the other period shall be for seven (7) consecutive days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter these vacation times and advance notice by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other parry, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Relocation: The parties have come to an agreement regarding the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Each parent shall ensure that the Child has safe and secure living accommodations when the Child is in their care. Should either parent not be able to provide safe and stable living accommodations for the Child, absent mutual agreement, either parent may request a status conference with the assigned conciliator to assist in determining the Child's best interest to ascertain an appropriate physical custodial schedule. 12. This Order is entered pursuant to 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, Distribution: John Kerr, Esquire Harold Irwin, Esquire John J. Mangan, Esquire "W41 G w ?!''?##gti?lrlt HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving 1 S From 9 am Wednesday until 9 am Father Father Half Thanksgiving Da Thanksgiving 2° From 9 am on Thanksgiving Day Mother Mother half until 9 am Friday Christmas 1 Half From noon on 12/23 until 10 pm Father Father 12/24 Christmas 2° Half From 10 m 12/24 until 9 am 12/26 Mother Mother New Year's Eve Father Mother New Year's Da Father Mother Child's Birthday Mother shall celebrate the Child's Birthday the day of her Birthday and Father shall celebrate the following Fri da from 4 m until 8 m Mother's Day From 8 pm on Saturday until Mother Mother Monday 9 am Father's Day From 8 pm on Saturday until Father Father Monday 9 am ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant CUSTODY CONCILIATION g6 MARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CWM PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Slobodian 08/23/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 05, 2008 with the following individuals in attendance: The Mother, Anna K. Slobodian, with her counsel, John Kerr, Esq. The Father, Lucas Slobodian, with his counsel, Harold Irwin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date 44S 64 . , 44 C4 ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiff's Application For Emergency or Special Relief," on the below-named individuals in the manner indicated: Via Regular Mail: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Lucas Slobodian 2015 Yale Avenue Camp Hill, PA 17011 QC x /'L otln M.?err 5020 Potter Road sutte 108 Medlar?i[sbmg. PA 17oss PFD: 717.788.4008 FAx: 717.788.4088 Dated: February 9, 2009 Jo M. Kerr, Esquire 5 20 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Aa g c ANNA K. SLOBODIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4597 CIVIL ACTION LAW LUCAS SLOBODIAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 24, 2009 at 1:00 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. 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/ John-1. Man an r. Es q- Custody Conciliator IV' 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 A&j ANNA K. SLOBODIAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4597 CIVIL TERM LUCAS SLOBODIAN IN CUSTODY Defendant NOTICE TO PLEAD To: Anna K. Slobodian c/o John M. Kerr, Esquire 5020 Ritter Road Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Defendant's Counterclaim to Plaintiff's Application for Emergency or Special Relief within twenty (20) days from service hereof or a judgment may be entered against you. BY: Char es Rector, quire _ 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: 1 /.,) 0 0 f ANNA K. SLOBODIAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4597 CIVIL TERM LUCAS SLOBODIAN IN CUSTODY Defendant DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S APPLICATION FOR EMERGENCY OR SPECL4L RELIEF AND NOW, comes the Defendant, Lucas Slobodian, by and through his attorney Charles Rector, Esquire, and files the following Answer & Counterclaim to Plaintiff's Application for Emergency or Special Relief: Answer 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, the Custody Order contained various provisions to guarantee the safety of the minor child while in Mother's physical custody. 5. Denied. Paragraph 5 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, the agreement of the parties entered as an Order of Court on December 4, 2008, is part of a standard Cumberland County Order and addresses the concerns of both parties. 6. Admitted in part and Denied in part. It is admitted that Plaintiff arrived to pick up the parties' minor child, Isabella, at 8:00 pm on Thursday, February 5, 2009. It is denied that Defendant was in possession of a marijuana plant and proof thereof is demanded and the same is deemed denied. By way of further answer, the potted soil contained weeds from the yard and Defendant intended to use these materials and a compact fluorescent bulb to grow seeds as an educational project for the minor child. See Exhibit "A," photo attached. 7. Admitted. By way of further answer, Defendant consented to a search by the Camp Hill Police of the potted plant. The alleged "grow lamp" is in fact an energy efficient reading lamp which was looked at by the Police. The Police also looked, inter alia, at the potted plant, alleged by Plaintiff to be marijuana, and left the plant and the home and have never returned. The weeds from the yard have not been designated by the Pennsylvania legislature as "controlled substances." 8. Denied. The averments of Paragraph 8 are specifically denied and proof thereof is demanded. Isabella's room is clean and Isabella sleeps on a twin size mattress currently positioned on the floor so that she does not injure herself by rolling off a high bed. By way of further answer, Isabella's paternal grandparents are at the house often and can attest to its' cleanliness. 9. Denied. The averments of Paragraph 9 are denied and proof thereof is demanded. By way of further answer, Isabella, while in Defendant's custody, bathes often, brushes her teeth daily and washes her hands throughout the day. 10. Denied. The averments of Paragraph 10 are denied and proof thereof is demanded. By way of further answer, Defendant has never taken the minor child out of state to a concert or music fest and proof thereof is demanded and the same is deemed denied. 11. Denied. The averments of Paragraph 11 are specifically denied and proof thereof is demanded. By way of further answer, these averments are demonstrably false and Plaintiff has a history of lying and engaging in gross exaggerations and otherwise aberrant behavior including irrational thought, previous suicide attempts, and physical violence towards Defendant, all of which behavior resulted in the parties separation. WHEREFORE, Defendant respectfully requests that Plaintiff's Application for Emergency or Special Relief be denied with prejudice. Counterclaim - Contemn 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. On February 9, 2009, Plaintiff filed an Application for Emergency or Special Relief. 14. No Interim Order has been entered by the Court and the Order of Custody of December 4, 2008, remains in full force and effect. 15. Plaintiff, in violation of the Order of December 4, 2008, has unilaterally refused to permit Defendant to have any contact with his daughter, and in fact, has obstructed all contact between Father and Daughter for the preceding two (2) weeks prior to the filing of this Pleading. Defendant, at present, is unsure of the minor child's whereabouts. 16. Plaintiff's obstructive conduct constitutes contempt of the Custody Order dated December 4, 2008. 17. Defendant has retained counsel to represent his interests in attempting to enforce the current Order of Custody. WHEREFORE, Defendant respectfully requests Your Honorable Court to adjudge Plaintiff in Contempt of Court, to Order Plaintiff to pay Defendant's attorneys fees, and for such other relief as the Court deems just and appropriate. Counterclaim - Primary Physical Custody 18. Paragraphs 1 through 17 are incorporated herein by reference as if set forth in full. 19. Plaintiff s continued failure and refusal to comply with the Custody Order of December 4, 2008, constitutes contemptuous behavior and obstruction of Defendant's rights of custody pursuant to said Order. 20. Plaintiff s obstructive conduct constitutes sufficient grounds upon which to grant Defendant primary physical custody. WHEREFORE, Defendant respectfully requests Your Honorable Court to grant him primary physical custody of the parties' minor child. Date: : °3o d P RESPECTFULLY SU ITTED: I;PAWles Rector, squi -(ID # 39121) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Lucas Slobodian Date: 2l 4' CERTIFICATE OF SERVICE I, Tammy Faust, Paralegal for Charles Rector, Esquire, do hereby certify that on the 20th day of February, 2009, I caused a true and correct copy of the within Answer & Counterclaim to Plaintiff's Application for Emergency or Special Relief to be served upon the Plaintiff's counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: John M. Kerr, Esquire 5020 Ritter Road Mechanicsburg, PA 17055 By: Tammy S. Fa Law Offices of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: r- + ? ?. _ , 1 :a r } . "".? ., „ .. °.'S ?? T. ?~ ? Y 1_? r- ?_ `{•, '' C'. ` I . ,? . ?? . ? . . ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, : IN CUSTODY Defendant PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM AND NOW, comes Anna K. Slobodian, Plaintiff in the captioned action, by her counsel, John M. Kerr, Esquire, and files the within Answer To Defendant's Counterclaim, the nature of which is as follows: Counterclaim - Contempt 12. No answer required. 13. ADMITTED. 14. ADMITTED. It is admitted that no interim Order has been entered by the Court. 15. DENIED. Plaintiff has acted to protect the safety and security of her daughter. It ?offi.d hn M. err 5020 RNW Road suite 108 MedtanWsbng. PA 17055 Fttom: 717.788.4008 Fnx: 717.766.4066 was Defendant's actions which made this necessary and precipitated the present court action, in that he violated paragraph 11 of the Order of December 4, 2008, by failing to "ensure that the Child has safe and secure living accommodations when the Child is in their care." In fact, as described by Officer Lane Pryor of the Camp Hill Police Department in the comments to the Dispatch Incident Report, for February 5, 2009, "[f]rom all the information obtained and actions/behavior of Lucas [Slobodian] it is apparent that Lucas [Slobodian]is involved in drug activity." This took place during Defendant's period of partial physical custody. If Plaintiff failed to take action, she would be subject to possible adverse action by Cumberland County Children & Youth Services. When Defendant proposed growing marijuana while they were still together, Plaintiff explained this simple fact to him. By way of further answer, Defendant knew precisely where his daughter was during this time period and never attempted to make telephone contact with her, which certainly would not have been denied. In fact, in an e-mail message, dated February 22, 2009, Plaintiff chided him for "taking a vacation as a father". it was Defendant who was ill and could not exercise his custody rights originally (February 9, 2009) and who made no further efforts to see his daughter. 16. DENIED. The allegation at paragraph 16 of the Defendant's Counterclaim represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 17. DENIED. Plaintiff lacks sufficient information to form a belief as to the truth of the averment at paragraph 17 of Defendant's Counterclaim. Defendant was represented by Harold S. Irwin, 111, Esquire at the initial Conciliation and to Plaintiff's knowledge, this individual has never withdrawn his representation. WHEREFORE, Plaintiff requests that the Court enter an Order finding that Defendant's drug activity constitutes a violation of the Order entered December 4, 2008. Counterclaim - Primary Physical Custody 18. No answer required. 19. DENIED. The allegation contained at paragraph 19 of Defendant's Counterclaim L? OtBo d M.Kerr 5020 Rorer woad Sutle 108 Med1anksbtu$. PA 17055 Pwom: 717.766.4008 FAx: 717.766.4066 represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 20. DENIED. The allegation contained at paragraph 20 of Defendant's Counterclaim represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant's aberrant lifestyle precludes him from exercising primary physical custody and, indeed, he is incapable of taking care of his daughter. Her well-being and safety requires that any periods of partial custody be only as supervised by a mature individual who will protect Isabella in the event that Defendant will not. Respectfully submitted, V W. ?L Jo n M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: March 2, 2009 >.?.d tut M. err 5020 Potter Road suue 109 Mediwitsbu[$, PA 17055 PHom: 717.766.4008 FAx: 717.766.4066 00 VERIFICATION The undersigned hereby states that she is the Plaintiff/Petitioner in the foregoing Custody Action and that, as such, she is authorized to execute this Verification and that any factual statements contained in the preceding "Plaintiffs Answer To Deferndant's Counterclaim" are true to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. 17 n aldn r . 4%. ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiffs Reply To Defendant's Counterclaim," on the below-named individual in the manner indicated: Via Regular Mail and by Fascimile Charles Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 ut? x ?L J en M. Kerr, Esquire 020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: March 2, 2009 -?? tui M.Perr 5020 R1110 Road sure 109 MechardcSbuit PA 17055 PHOM: 717.788.4008 FAx: 717.788.4088 nae o s 2ooe y d ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this ? day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 07 day of , 2009 at 1,'k wn/pm in Courtroom number 4 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be 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 five days prior to the hearing date. 3. Legal Custody: The Father, Lucas Slobodian, and the Mother, Anna Slobodian, shall have shared legal custody of Isabella Slobodian, born 08/23/2006. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, contact numbers, the residence address of the Child and of 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. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Monday after Father gets off of work until Thursday evening when Mother gets off of work. The custodial exchanges shall occur at each of the parent's residences with the non-custodial parent picking Isabella up. It is understood that the exchange locations and times may be altered by mutual agreement as circumstances change. b. The parties may alter said physical custody schedule of the Child as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The non-custodial parent shall pick up the Child at the other parent's residence for the holiday exchanges. 7. Each parent shall have two periods of vacation with the Child per year. One period shall be for ten (10) consecutive days and the other period shall be for seven (7) consecutive days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter these vacation times and advance notice by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. Relocation: The parties have come to an agreement regarding the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Each parent shall ensure that the Child has safe and secure living accommodations when the Child is in their care. 14. Both parents have agreed, and are directed, to submit to a follicle drug test performed by an appropriate laboratory upon request by either parent one time every sixty (60) days for a period of six (6) months of the date of this Order. Each parent shall be responsible for the expenses of their own drug tests. Once the results are obtained, the parent tested shall immediately transmit the results to the other parent. 15. The parents have agreed, and are directed, to schedule and participate in parenting classes with a mutually agreed upon facility/agency. In the absence of agreement, the parents shall utilize ParentWorks in New Cumberland. 16. Each parent shall have the right to request a custody evaluation by a mutually-agreed upon evaluator. The cost of said evaluation shall be bome by the requesting parent absent a judicial determination or agreement otherwise. 17. All claims submitted by the parties, including but not limited to contempt allegations, are preserved and not waived. 18. Should both parties agree that the scheduled hearing with the undersigned Judge become not appropriate or necessary, the parties have a right to contact the assigned conciliator to schedule an status conference. 19. This Order is entered pursuant to 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. istribution: J hn Kerr, Esquire ZC?arles Rector, Esquire hn J. Mangan, Esquire (?4P6U m??L By the Court, / 1-0 7? ? r HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving 1 S From 9 am Wednesday until 9 am Father Father Half Thanksgiving Da Thanksgiving 2° From 9 am on Thanksgiving Day Mother Mother half until 9 am Friday Christmas is Half From noon on 12/23 until 10 pm Father Father 12/24 Christmas 2° Half From 10 m 12/24 until 9 am 12/26 Mother Mother New Year's Eve Father Mother New Year's Da Father Mother Child's Birthday Mother shall celebrate the Child's Birthday the day of her Birthday and Father shall celebrate the following Friday from 4 m until 8 m Mother's Day From 8 pm on Saturday until Mother Mother Monday 9 am Father's Day From 8 pm on Saturday until Father Father Monday 9 am ANNA K. SLOBODIAN, Plaintiff V. LUCAS SLOBODIAN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4597 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Isabella Slobodian 08/23/2006 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 05, 2008, an Order was issued December 04, 2008 and a conciliation conference was held March 04, 2009 with the following individuals in attendance: The Mother, Anna K. Slobodian, with her counsel, John Kerr, Esq. The Father, Lucas Slobodian, with his counsel, Charles Rector, Esq. 3. Mother's position on physical custody is as follows: Mother alleges that Father may be involved in illicit drug activity. Mother alleges that Father does not properly care for Isabella when she is in his care. Mother asserts that she has observed an unkempt and dirty residence when she comes to pick up Isabella. Mother asserts that Father does not have adequate food for Isabella when she is in his care. Mother at this point does not believe that any overnights are appropriate for Isabella with Father. 4. Father's position on physical custody is as follows: Father asserts that Mother is in contempt of the prior Order by withholding Isabella from him and denying him contact. Father asserts that Mother's allegation of "drug activity" is false. Father asserts that Mother is controlling and that he offers Isabella a safe and loving environment. Father indicates that his residence is clean and appropriate for Isabella. Father asserts that he does have adequate food and sleeping arrangements for Isabella. Father would like the status quo from the former order to resume. Father would also like to have make up time for the time that Mother has denied him physical custody. 5. Both parents have agreed to participate in parenting classes and both have agreed to submit to follicle drug tests upon the request of the other parent. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 7• The proposed recommended order ma contain memorandum with the Judge to whom the mr requirement that the has been assi Parties file apre-trial fined. f41 Date John J an, Esquire Cust Y C nciliator Custody asreement. 1. Daily schedule (non holiday) 1.1. Isabella will stay with Katie Thursday afternoon until Monday afternoon. 1.2. Isabella will stay with Lucas Monday afternoon until Thursday morning. 1.3. Every other week Isabella will stay with Lucas until Friday morning. 1.4. Katie is to drop Isabella off with Lucas no more then 1 hour after his work ends on Monday. 1.5. Katie is responsible for taking Isabella to and from daycare on days Isabella stay with her on Mondays and Fridays and for picking Isabella up from daycare Thursdays and very other Friday. 1.6. Lucas is responsible for taking Isabella to and from daycare on days Isabella stay with him on Tuesdays and Wednesdays and for dropping Isabella off at daycare on Thu sdays and every other Friday. 2. Vacatio s 2.1'. Either parent is allowed to take Isabella on vacations with out the others app oval provided: a) he other parent is notified b) arrangements have been made for Isabella's absence from daycare/school c) e vacation does not run over into the other parents time. Isabella must be back in time to be dropped off or picked up by the other parent at the normally scheduled time as defined in section 1 above. 2.2. Vacations that will run into the other parents time must be agreed on 2 weeks prio to the vacation time. Both a) and b) above apply. 2.3. Time missed due to vacation or other prearranged event is to be made up no more then one week after the event unless otherwise agreed upon. 2.4. Set vacations: a) he last full week of June Isabella is to stay with Katie from Saturday through the Mowing Monday, 10 days. • Lucas is to keep Isabella the previous Thursday and Friday. • Normal schedule resumes the last Monday of the vacation b) he first full week of August Isabella is to stay with Lucas from Friday through the Ilowing Sunday, 10 days. c) hese predefined vacation times may be used for vacation time. All rules from 2.1 2.5. Each parent is entitled to 1 additional week vacation following the rules set in 2.1-?A 3. Holiday 3.1. Holidays are to alternate each year unless otherwise agreed upon with the following exceptions: a) others day Isabella will spend with Katie b) athers day Isabella will spend with Lucas c) hanksgiving Isabella will spend the Wednesday before with Lucas and Thursday with T d) istmas eve, Christmas, New Years: The 23`d and 24th of December Isabella will spend with Lucas until IOpm on December 24th December 25 th Isabella will spend with Katie. z • New Years Eve and New Years day are to be spent with alternate parents, on alternate years unless otherwise agreed upon. Ex: If Isia spends New Years Eve with Katie, she will spend New years day with Lucas. The following year will be reversed. 4. Misc 4.1. All school/daycare related decisions are to be made jointly and agreed upon by bot parents. 4.2. This agreement may be altered at any time with the approval by both parents. 4.3. All points in this agreement may be temporarily altered/waived on a case by cas basis when an agreement is reached by both parents. 4.4. Lucas will claim Isabella as dependent for tax purposes. Katie will receive half of t e portion of the tax refund received due to the dependent tax credit. 4.5. Should one parent not have a permanent residence (house or rental agreement) Isab Ila is to stay with the other parent overnight regardless of the daily schedule unless othe ise agreed upon by both parents. a) he parent without residence is entitled to visitation and entitled to take Isabella during t e day according to the normal schedule. b) I abella must be returned to the other parent no later then 1 hour past normal bed time nless otherwise previously agreed upon. C) he parent without residence may pick up Isabella the next morning no earlier then lam nless otherwise previously agreed upon. d) side from sleeping arrangements for Isabella, all rules still apply including the general s hedule and holiday schedule. L ,9 ?-I?r0'7 Date ? of Dat 4 + Y • Amendment 1 to Custody Agreement This endment is applicable to Section 1, Daily Schedule (non holiday) of the original custody agreement. A 1 other provisions are to remain unchanged. 1. Isabella is to be picked up by Lucas, or a party acting on his behalf, no later then 1 hour after his shift ends Mondays that he would normally be responsible for Isabella from Katie's residence. 2. Katie, or a party acting on her behalf, is to pick up Isabella no later then 8:30pm Thursdays or Fridays, as the normal schedule provides for, from Lucas's residence. 3. All pickups are to take place outside the residence of the parent relinquishing custody. 4. Isabella is to be ready for the pickup such that no parent will have to wait more then l Omin to pick up Isabella. an °s G Gq Date Dat 2009 MAY 26 i t' 3: 5:" MAY 2 7 2000 ANNA K. SLOBODIAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4597 CIVIL TERM LUCAS SLOBODIAN IN CUSTODY Defendant ORDER OF COURT AND NOW, this ZJ*day of M , 2009, upon consideration of the attached Custody Agreement executed by the parties which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Agreement is hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. BY THE COURT: .?I Hess, J. (7 CIO L Li Qom. ` J Y v7 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LUCAS P. SLOBODIAN, NO. 2008-4597 C= M ? A R, ` " Defendant/Respondent ? - ? - ., r cnr , tV ? 1 A ? MOTION TO TRANSFER VENUE ; a C 5>4= rv AND NOW, comes the Plaintiff/Petitioner, Anna K. Slobodian n/k/a Anna R H &`'rliug, ANNA K. HEBERLING, formerly ANNA K. SLOBODIAN Plaintiff/Petitioner vs. by her 4ttorneys, Buzgon Davis Law Offices, and files the following Motion, averring as follows: l . Petitioner has resided with the child in Lebanon County since June 28, 2009. 2. Petitioner is married and owns her home in Lebanon County. 3. Petitioner and the child's step-father's immediate family all reside in Lebanon County and have significant contact with the child. 4. The child is enrolled in school in Lebanon County. 5. At a future custody trial in this matter, all of Petitioner's witnesses would be from Lebanot County. 6. For the convenience of all the witnesses and evidence to be produced and in the interest of judicial economy and efficiency, Petitioner hereby requests that this case be transferred to the Lebanon County Court of Common Pleas for all future litigation in this matter. 7. A Petition for Modification of a Custody Order is being filed simultaneously with this Motion. I 8. Respondent was mailed a proposed Stipulation for Custody recently and contacted the undgrsigned's office indicating he would not be signing it. It is unknown whether Respondent is currently represented by counsel. WHEREFORE, Plaintiff requests the Court enter an order transferring this case and the pending; Petition for Modification of a Custody Order to the Court of Common Pleas of Lebanon County. BUZGON DAVIS LAW OFFICES BY: r David R. Warner, Jr., Esquire-Attorney I.D. #206212 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: warner@buzgondavis.com Attorneys for Plaintiff/Petitioner ANNA K. HEBERLING, IN THE COURT OF COMMON PLEAS OF formerly ANNA K. SLOBODIAN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION LUCAS P. SLOBODIAN, NO. 2008-4597 Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY Of LEBANON ) I, ASHLEY M. LONG, an employee of Buzgon Davis Law Offices, 525 South Eighth Street,. Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and §ay that I mailed on August X), 2012, to the Office of the Prothonotary of Cumberland County, Pennsylvania, the original and one true and correct copy of MOTION TO 'T'RANSFER VENt1E AND PROPOSED ORDER and that I provided the Prothonotary with a stamped envelope addressed to: Mr. Lucas P. Slobodian, 2015 Yale Avenue, Camp Hill, Pennsylvania, 17011. Sworn to and subscribed before me this 7--0 day of August AD., 2012. ( A M (riq c;?/--, ASHLEY LO Y awtl j " Notar Oblic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy Sholley, Notary Public City of Lebanon, Lebanon County My Commission Expires Sept. 19, 2014 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES FILED-OFFICE OF THE PROTHONOTARY ANNA K. HEBERLING, formerly ANNA K. SLOBODIAN, Plaintiff/Petitioner vs. LUCAS P. SLOBODIAN, Defendant/Respondent 2012 AUG 22 PPS 2: 05 CUM$EIL AyyfhIVff& fi i ?T OF COMMON PLEAS OF P ? ?LT MA AND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION : NO. 20084597 !PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes the Petitioner, Anna K. Slobodian n/k/a Anna K. Heberling, by her attorneys; Buzgon Davis Law Offices, and files the following Petition, averring as follows: 1. The Petition of Anna K. Slobodian n/k/a Anna K. Heberling respectfully represents that on DeceMber 4, 2008, an Order of Court was entered for custody, a true and correct copy of which Odder is attached. 2. This Order should be modified because: (a) Petitioner has been the primary caregiver for the child and the parties have made nAmerous verbal changes and agreements to the existing Order; (b) Petitioner is concerned about the living conditions at Respondent's residence; (a) Any other matter which may later be presented at a hearing. Petitioner is simultaneously filing a Motion to Transfer Venue to Lebanon County. WHEREFORE, Petitioner requests that your Honorable Court modify the existing Order for custody because it will be in the best interests of the parties' child. BOZGON DAVIS LAW OFFICES BY: ??--- `-' --? David R. Warner, Jr., Esquire Attorney I.D. #206212 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 AOrTd a,? E-mail: warner@buzgondavis.com $3 ttorneys for Plaintiff QMC'I? VC)0/0 ?# a7 q 701 VERIFICATION 1, ANNA K. HEBERLING, do hereby verify that I am the Plaintiff in the within action, and that the facts set forth in the foregoing Petition for Modification of a Custody Order are true and cogrect 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. §4904 relating to unsworn falsific4tion to authorities. I t' Date: I llo lam. CSC 1200 3 ? ANNA K. SLOBODIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4597 CIVIL ACTION LAW LUCAS SLO?ODIAN, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Leizal ustod : The Feher, Lucas Slobodian, and the Mother, Anna Slobodian, shall have shared, legal custody of Isabella Slobodian, born 08/23/2006. The parties shall have an equal right tc make all major non-emergency decisions affecting the Child's general well-being includiing, but not limited to, all decisions regarding her health, education and religion. Pursuapt to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and inform, tion pertaining to the Child including, but not limited to, medical, dental, religious or school (records, contact numbers, the residence address of the Child and of the other parent. To the extOnt 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 mjake the records and information of reasonable use to the other parent. 2. Phvsic4l Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Monday after Father gets off of work until Thursday morning. All regular physical custody exchanges shall occur at Isabella's daycare. Father shall pick up Isabella Monday after Father gets off of work and Father shall transport Isabella to daycare Thursday morning. Mother is responsible for taking Isabella to daycare Mondays, picking Isabella up from daycare Thursdays and transporting to and from daycare Fridays. Father is responsible for transporting Isabella from daycare Mondays, tatting 1sabeha, to and from daycare Tuesdays and Wednesdays and for dropping Isabella off at day care Thursday morning. b. The parties may alter said physical custody schedule of the Child as the parties may mutually agree. The noncustodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed u, on. The non-custodial parent shall pick up the Child at the other parent's residence for the h?liday exchanges. Each parent shall have two periods of vacation with the Child per year. One period shall be for ten (10) 4onsecutive days and the other period shall be for seven (7) consecutive days. The requestin parent shall give the other parent 30 days advance notice of the requested time and this vaca?on period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter these vacation times and advance notice by mutual agreement. 6. In theevent the custodial parent should take the Child out of state, the custodial parent shall notify! the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neith4r party may say or do anything nor permit a third party to do or say anything that may estra4e the Child from the other party, or injure the opinion of the Child as to the other party, or mad hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parenVin the presence of the Child. 8. In theevent of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Relocation: The parties have come to an agreement regarding the custody portions of this Order leased upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least nihety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the ghanged circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction: over them to fashion an appropriate custody Order. 10. Drtroll,rd y periods of custody or visitation, the parties shall not possess or use non-prescribed cosubstances or consume/be under the influence of alcoholic beverages to the point of intoxiction. The parties shall likewise assure, to the extent possible, that other household membes and/or house guests comply with this provision. !I. Each parent shall ensure that the Child has safe and secure living accommodations when the Child islin their care. Should either parent not be able to provide safe and stable living accommodations for the Child, absent mutual agreement, either parent may request a status confereAce with the assigned conciliator to assist in determining the Child's best interest to ascertain an appropriate physical custodial schedule. 12. This Order is entered pursuant to 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, ?ae? Distribution: John Kerr, Esquire Harold Irwinj, Esquire John J. Mangan, Esquire HOLIDAY AND TIMES EVEN ODD SPECIAL AYS YEARS YEARS Easter Da 15; Half From 9 am until 3 m Father Mother Easter Day 21 ; a Half From 3 m until 9 m Mother Father Memorial Da ' From 9 am until 9 pm Father Mother Inde endenc Day From 9 am until 9 m Mother Father Labor Day From 9 am until 9 m Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving I" From 9 am. Wednesday until 9 am Father Father Half Thanksgiving Day Thanksgiving12° From 9 am on Thanksgiving Day Mother Mother half until 9 am Friday Christmas 1st alf From noon on 12/23 until 10 pm Father Father 12/24 Christmas 2n ;Half From 10 m 12/24 until 9 am 12/26 Mother Mother New Year's E -e Father Mother New Year's ay Father Mother Child's Birth ay Mother shall celebrate the Child's Birthday the day of her Birthday and Father shall celebrate the following Friday from 4 pm until 8 pm Mother's Day', From 8 pm on Saturday until Mother I Mother j Monday 9 am Father's Day From 8 pm on Saturday until Father Father Monday 9 am ANNA K. SLQBODIAN, plaintiff v. LUCAS SLOBIODIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4597 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is Os follows: me Date of Birth Currently in the Custody of Isabella Slobodian 08/23/2006 Primary Mother 2. A,i Conciliation Conference was held with regard to this matter on September 05, 2008 with the following individuals in attendance: The Mother, Anna K. Slobodian, with her counsel, John Kerr, Esq. The Father, Lucas Slobodian. with his counsel, Harold Irwin, Esq. The parties agreed to the entry of an Order in the form as attached. 2 Date ANNA K. HFBERLING, formerly ANNA K. SLOBODIAN Plaintiff vs. LUCAS P. SLOBODIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION NO. 2008-4597 AFFIDAVIT OF SERVICE COMMONW,EALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, AS "LEY M. LONG, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and slay that I mailed on. Augustab , 2012, to the Office of the Prothonotary of Cumberland County, Pennsylvania, the original and one true and correct copy of PETITION FOR MODIFICATION OF A CUS*ODY ORDER AND ORDER FOR APPOINTMENT OF CONCILIATOR and that I provided the `Prothonotary with a stamped envelope addressed to: Mr. Lucas P. Slobodian, 2015 Yale Avenue, Camjp Hill, Pennsylvania, 17011. ASIILE LONG Sworn to and subscribed before me this 'ZO day of August A.D., 2012. Notar blic COMMONWEALTH O PENNSYLVANIA ? Notary Public , Lebanon county om- TION OF NOTARB=S M, ASSOQA ANNA K. HEBERLING F/K/A ANNA K. SLOBODIAN PLAINTIFF V. LUCAS P. SLOBODIAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN~p • 2008-4597 CIVIL ACTION LAW ~,,,,. . '~' IN CUSTODY • '~".~~ --1 -C ORDER OF COURT N ~ cC'~ ~` G w a~ 0 _ ~-rs UD ~ C11 ~y ~~ GJi ~,.~ AND NOW, Wednesday, August 29, 2012 ,upon consideration of the attached Comply it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the c at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 19, 2012 at 1 for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in di: if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a ter 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 hearinng. FOR THE COURT, By: /s/ John J. MJr., Esq~ Custody Conciliator ~~""__ The Court of Common Pleas of Cumberland County is required by law to comply with the Amy with Disabilites Act of 1990. For information about accessible facilities and reasonable accorrimodations available to disabled individuals having business before the court, please contact our office. all arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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 / ~~~d ~. ~~Olnc°~i ~"~• Telephone (717) 249-3166 /~~~as P~ S/D~~~~ ~~ /~~~ /~p~h y ~ ~'o~~ s /~a~l~Q/ iator, PM or ~/~ //z IA F,L~.t1-flF~'iCE ~~' THE ~RBTHaNOT~R ~' ~8l1 SEP -7 PM 12~ ! CU P'ENNSY LAN ~ TY ANNA K. HEBERLING, IN THE COURT OF COMMON PLEAS OF formerly ANNA K. SLOBODIAN Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -FAMILY DIVISION LUCAS P. SLOBODIAN, N0.2008-4597 Defendant/Respondent ORDER AND NOW, this '7 ~ day of 2012, upon consideration of the foregoing Motion to Transfer Venue, it is hereby ORDERED that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within z ° days of this date; (3) the petition shall be decided under Pa.R.C.P. 206.7; (4) depositions shall be completed within 'YS days of this date; (5) argument shall beheld on ~~~nc/.t.U~/ ~~, 2012, at <3 ~ 3 ~ o'clock ~M. in Courtroom ~ of the-beb~e~ County Courthouse. C.vw~rvl a. l (6) notice of the entry of this Order shall be provided to all parties by the petitioner. BY THE C URT, / ~c~S P~ .~/o~od•an J / ~tv; d ~. ~Ar~ ter, ~~_ ~s~ ------ __ ANNA K. SLOBODIAN, N/K/A IN THE COURT OF COMMON PLEAS OF ANNA K. HEBERLING CUMBERLAND COUNTY, PF,NNSYLVANIA Plaintiff : ~~• No. 08-4597 CIVIL ACTION LAW LUCAS SLOBODIAN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this 3"~ day of December 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. The scheduled hearing on November 08, 2012 in regard to transferring venue is hereby CANCELLED and the Motion to Transfer Venue was withdrawn, without prejudice. Cumberland County shall retain jurisdiction. 3. Leal Custody: The Father, Lucas Slobodian, and the Mother, Anna Slobodian, shall have shared legal custody of Isabella Slobodian, born 08/23/2006. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, contact numbers, the residence address of the Child and of the other parent. Te 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. 4. Physical Custody: Mother and Father shall arrange physical custody of Isabella as follows: a. School Year Schedule: Mother shall have primary physical custody. On a repeating four week schedule, in week one, Father shall have custody from 6:00 pm Friday until 5:00 pm Sunday, week two from 6:00 pm Friday until 8:00 am Sunday, week three from 6:00 pm Friday until 5:00 pm Sunday and week four from 6:00 pm Friday until 8:00 am Sunday. The holiday schedule set forth below shall supercede the School Year Schedule; but shall not otherwise modify such schedule. That is, if a holiday or other event that interferes with the established repeating four week schedule, the parties shall continue with the repeating four week schedule set forth as if the holiday or other event had not occurred. b. Summertime Schedule: Father shall have primary physical custody. On a repeating four week schedule, in week one, Mother shall have custody from 5:00 pm Sunday unti16:30 pm Tuesday, week two from 8:00 am Sunday until 6:30 pm Tuesday, week three from 5:00 pm Sunday until 6:30 pm Tuesday and week four from 8:00 am Sunday until 6:30 pm Tuesday. In the event Isabella attends a day camp, Mother will pick child up from the camp at the end of usual camp hours. Father will pick child up on Sunday as per usual Sunday schedule (alternating weeks 8 am or 5 pm). Should Child attend an overnight summer camp, Mother will drop child off at camp and Father will pick her up. Both parents may attend parents' night. All camp arrangements must be mutually agreed upon by both parents prior to enrolling the child. In the event either party's work schedule changes, the summer schedule shall be renegotiated in light: of such changes and every effort will be made to ensure the each party has at least one(1) full day with the Child during his or her day(s) off; provided however, any change shall not change Father's primary custody with five (5) overnights and the overnight visits shall be consecutive. In order to avoid interfering with vacation or other summer plans, any change in the summer schedule shall be completed at least. two (2) weeks before the end of the Child's school year. c. The Child shall remain in her current school district with Mother. d. The custodial parent shall drop off Isabella at the end of his/her custodial periods, unless otherwise set forth herein. e. The parties may alter said physical custody schedule of the Child as the parties may muhially agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis without being intrusive into the custodial parent's time. During all such calls, the non- custodial parent shall encourage the physical time with the custodial parent. 6. Holidays: The parties shall follow the alternating yearly holiday schedule as set forth in the chart below. HOLIDAYS TIMES EVEN ODD AND SPECIAL YEARS YEARS DAYS Easter Day ls` Half Mother will pick up Child Saturday Mother Mother night 8pm. Easter Day 2" Father will pick up Child on Father Father Half Sunday at noon. Memorial Day Father will keep the Child until 5 Father Father pm on the Monday of this holiday weekend Independence Day Parent will have 9 am the 4 - 9 am Mother Father the 5`n Labor Day Father will keep the Child until 5 Father Father pm on the Monday of this holiday weekend Halloween Trick or treating will be with Mother Mother Mother each year. Thanksgiving 1St Mother will drop child of after Father Father Half school on Wednesday before 'Thanksgiving, Father will have child until 9 am until Thanksgiving Day Thanksgiving 2° Mother will pick child up 9 am on Mother Mother half 'Thanksgiving Day and have child until Father picks child up at 5 pm Friday the day after Thanksgiving Christmas 1St Half From 9 am or 6 pm (depending on a Father Father regular school day or not) on 12/23 until 10 pm 12/24 Christmas 2" Half From 10 pm 12/24 until 9 am Mother Mother 12/27 New Year's Eve gam New Year's Eve until Spm Father New Year's Dav Father New Year's Day Spm New Year's Day. If New Father Year's Day falls on a Friday or Father Saturday, Father shall keep the Child until Sunday and drop off per the regular schedule Child's Birthday Mother shall celebrate the Child's Mother Mother (August 23) Birthday the day of her Birthday from 9 am to 9 pm and Father shall <;elebrate the following Friday from 4 pm until 8 pm Mother's Day Father will return child at 5 pm Mother Mother Saturday night, previous to Mother's Day. Father's Day Mother will pick up Child 9 am Father Father Monday morning, following Father's day. * December 27th return could possibly change if Isabella is going to Cherry Hill, NJ to visit her Great Grandmother. Mother will agree to this only if Christmas happens to fall on a Friday (where this visit normally falls on the Saturday after Christmas). If this happens Father will provide written notice of 1 month to Mother notifying her of this trip and when they will be leaving. Child will never leave sooner than 5 pm on December 26th on these occasions. Each parent shall have one period of vacation with the Child per year for seven (7) consecutive days (to be from 5 pm on one Sunday to the following Sunday at Spm, which will include and not be in addition to, any otherwise scheduled custody days). The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation period shall supersede the regular physical custody schedule. Additionally, Each parent will have two floating vacation days (a vacation day will be a 24 hour period from 9:00 am -9:00 am), to be used anytime of the year. In order to use these vacation days the Parent must provide two weeks written notice. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter these vacation times and advance notice by mutual agreement. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent at least twenty-four hours before departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child, regardless of whether the Child is sleeping or awake. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Each parent shall ensure that the Child has safe and secure living accommodations when the Child is in their care. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify ~he-ovisions of this Order by mutual consent. In the absence of mutual consent, the terms of = ~thiser shall control. _:_ ~-- ,~a ~ By the r-~,,,,,-f _. ~. ~~ -> .- r~ =~ ._ -- - _. _ c..,. '~. -~ Disttibu`fi"on: " / David Warner, Esquire, 525 South Eighth St., P.O. Box 49, Lebanon, PA 17042-0049 Stephen Dzuranin, Esquire, 508 N. Second St., Harrisburg, PA 17101 /John J. Mangan, Esquire ANNA K. SLOBODIAN, N/K/A ANNA K. HEBERLING Plaintiff v. LUCAS SLOBODIAN, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4597 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b}, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Slobodian 08/23/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September O5, 2008, an Order was issued December 04, 2008, a conciliation conference was held March 04, 2009, an Order issued March 10, 2009, an agreement was reached prior to hearing, an Order issued May 28, 2009, a proposed agreement was signed by the parties 07/01/11 but not filed with the Court, both parties filed petitions to modify, Mother filed a motion to transfer venue to Lebanon County to be heard November 08, 2012 and a conciliation was held October 16, 2012 with the following individuals in attendance: The Mother, Anna K. Slobodian, with her counsel, David Warner, Esq. The Father, Lucas Slobodian, with his counsel, Stephen Dzuranin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~ z ~,~/z Date _ ._ John . M gan, Esquire Cus dy onciliator