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HomeMy WebLinkAbout08-6071r ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KAMYAR ESMAEILPOUR Plaintiff No. d - ?D I V. Civil Action- Complaint for MARYAM BAKHTIYAR Child Custody Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Kamyar Esmaeilpour, (biological father), an adult individual, sui juris, residing at 206 A Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Maryam Bakhtiyar, (biological mother), an adult individual, sui juris, with a current mailing address of 1582 Holly Pike #13, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks custody of the following child: Name Address Age Sam Kamtiin Esmaeilpour 206 A Lincoln Street 2 y/o (DOB: 11110105) Carlisle, PA 17013 4. The child was born in wedlock. 5. The child is presently in the primary physical custody of Plaintiff, Kamyar Esmaeilpour (natural father), 206 A Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17015. 6. During the last five years the child has resided with the following persons and at the following addresses: r Name Kamyar Esmaeilpour Maryam Bakhtiyar Kamyar Esmaeilpour Maryam Bakhtiyar Kamyar Esmaeilpour Address Date 205-A Geneva drive Birth to 5-08 Mechanicsburg, PA 17055 206 A Lincoln Street 5-08 to 6-08 Carlisle, PA 17013 206 A Lincoln Street 6-08 to present Carlisle, PA 17013 7. The mother of the child is Maryam Bakhtiyar. 8. She is divorced. 9. The father of the child is Kamyar Esmaeilpour. 10. He is divorced. 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Sam Kamtiin Esmaeilpour Son 12. The relationship of Defendant to child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship unknown 13. Plaintiff, Kamyar Esmaeilpour, is represented by Lee E. Oesterling, Esquire in regard to this matter. 14. Defendant, Maryam Bakhtiyar, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 15. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 16. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: 18. Plaintiff has been a responsible custodian and caregiver of the child 19. Plaintiff has maintained a relationship with the child that has provided for the child's physical, intellectual, emotional and spiritual well being. 20. Plaintiff believes that the child needs a more a consistent custody arrangement that also provides for reasonable partial custody with the child's mother. 21. 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 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: Name Address Basis of Claim NONE 22. A copy of this Complaint has been served on Defendant by certified and first class Mail. r? WHEREFORE, Plaintiff, Kamyar Esmaeilpour, requests the court grant him primary physical and Legal custody of the child. Respectfully Submitted, TES Lee E. Oeste?1?? Supreme Court ID # 71320 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff VERIFICATION Lee E. Oesterling, Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authorities. Date: /,,111q. _ f ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KAMYAR ESMAEILPOUR Plaintiff No. V. MARYAM BAKHTIYAR Defendant Civil Action- Complaint for Child Custody CERTIFICATE OF SERVICE BY CERTIFIED AND FIRST CLASS MAIL Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned Divorce, deposes and says that he mailed a copy of the Custody Complaint and Order to Attend Custody Conference filed in this matter by certified mail, restricted delivery, and first class mail to the Defendant, Maryam Bakhtiyar at 1582 Holly Pike #13, Carlisle, PA 17015 on October 9, 2008. Lee E. 0este'r1hW, Wuin 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff (7) r 1 C D "{ 7) I - 7 ? iA 4 r r7 l / ^ (J ra cn ;11 KAMYAR ESMAEILPOUR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6071 CIVIL ACTION LAW MARYAM BAKHTIYAR IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 04, 2008 _ _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearin1j. FOR THE COURT, By: is/ , jacgueline M. Verney, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contract 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 f y 4 , ;,tt?kJ NOV 0 5 2008 c, KAMYAR ESMAEILPOUR, Plaintiff V. MARYAM BAKHTIYAR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon _ ? uto consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The Father, Kamyar Esmaeilpour and the Mother, Maryam Bakhtiyar, shall have shared legal custody of Sam Kamtiin Esmaeilpour, born November 10, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 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, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as agreed by the parties. 4. Holidays, including Nooruze, shall be shared as agreed by the parties. Transportation shall be as agreed by the parties. 6. 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. J. cc:} ee E. Oesterling, Esquire, Counsel for Father /Maryam Bakhtiyar, pro se 1582 Holly Pike #13 Carlisle, PA 17015 00P I;ES M12A LQL l i f 41?g s .?fY _ • f{ ? ,r . 4 s KAMYAR ESMAEILPOUR, Plaintiff V. MARYAM BAKHTIYAR, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sam Kamtiin Esmaeilpour November 10, 2005 Father 2. A Conciliation Conference was held in this matter on November 4, 2008, with the following in attendance: The Father, Kamyar Esmaeilpour, with his counsel, Lee E. Oesterling, Esquire. Mother, although served with notice of the conference, did not appear. 3. Father requested an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant IN'! THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008 - 6071 CIVIL TERM - LAW IN CUSTODY COMPLAINT IN CUSTODY Plaintiff, Maryam Bakhtiyar, by and through her counsel, Abraham Prozesky, states the following: 1. Plaintiff, hereinafter referred to as the Mother, resides at 1582 Holly Pike, Carlisle, Cumberland County, Pennsylvania, 1'013. 2. Defendant, hereinafter referred to as the Father, currently resides at 206 A Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother and Father are the natural parents of: Sam Kamtiin Esmaeilpour, born November 10, 2005 (almost 4 years old). 4. Mother and Defendant were married in 2000 in Iran and out of this union, Sam was born in Carlisle, Pennsylvania, 17013. 5. Sam is presently in the primary physical custody of Father at 206 A Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 6. On November 6th, 2009, the Honorable Oler, J entered a custody order and inter alia ordered that Father shall have primary physical custody of Sam and Mother shall have periods of partial physical custody as agreed by the parties. 7. Father is not allowing Mother to see Sam on a regular basis and Mother is now in a position to provide for the needs of Sam. Mother can provide a safe and loving environment for Sam and would like to share primary physical custody with Father on a bi-weekly basis. 8. Since Sam's birth, he has lived with the followir!g people and during the periods mentioned hereunder: Name Address Father and Mother 611 A Geneva Drive Mechanicsburg, PA 17055 Mother 206 A Lincoln Street Carlisle, PA 17013 Father 206 A Lincoln Street Carlisle, PA 17013 Date Birth to May 2008 May 2008 to June/July 2008 June/July 2008 to present 9. Father is represented by Lee E. Oesterling, Esquire. Undersigned counsel left a message for Mr. Oesterling with regard to Mother's request but the message was not returned. The attempt to obtain a concurrence for the relief requested, failed. 10. Mother is represented by Abraham Prozesky, Ei?quire, undersigned counsel. 11. Plaintiff has no information of another custody proceeding, concerning the child, pending in a Court of this Commonwealth or a4y other Court of Law. 12. Plaintiff does not know of a person not a party to the proceedings who has i physical custody of the child or claims to have ?ustody or visitation rights with i respect to the child. 13. The best interest and permanent welfare of the gild will be served by granting the relief requested because: a. Mother and Father are both loving care givers of Sam. b. Sam needs Mother just as much as Father. c. Sam needs Mother to maintain a healthy physical, intellectual and spitual well being. 14. Mother believes that Sam needs to spend just as much time with her as with Father. 15. Mother was initially not in a financial position to do this, but have through hard work and diligence managed to achieve a position where she can care for Sam on a bi-weekly basis. 16. Mother has, to the best of her ability and limited financial means, maintained an open and caring relationship with Sam. 17. Mother has a yearning to spend more time with her son, Sam. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of Sam have been named as parties to this action. All other persons, named 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: Name Address Basis of Claim NONE 19. A copy of this Complaint has been served on Father's Counsel: Mr. Lee E. Oesterling, Esquire by certified and first class mail. WHEREFORE, Plaintiff, respectfully requests that physical custody be shared on a bi-weekly basis. RESPECTFULLY SUBMITTED ABRAHAM PROZESKY, ESQ T E LAW OFFICE OF AI;RAHXM PROZESKY 40 1 E. LOUTHER STREET CARLISLE, PA 17013 TES.: (717) 243-9400 CERTIFICATE OF SERVICE I, Abraham Prozesky, Esquire, counsel for the Petitioner in the above captioned matter, certify that on this 27th day of October, 2009, I served a copy of the foregoing Complaint in Custody upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Carlisle, Pennsylvania and addressed as follows: LEE. E. OESTERLING, ESQ 155 SOUTH HANOVER SRE: CARLISLE, PA 1701 A RAHA'M PROZESKY, ESQ T F ,LAW OFFICE OF A RAHAM PROZESKY 40 E. LOUTHER STREET CARLISLE, PA 17013 T?L: (717) 243-9400 VERIFICATION The above-named Plaintiff, Maryam gakhtiyar, verifies that the statements made in the attached Petition for special Relief and complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Mar am aakhtiyar jr,-ty P O>= r},FLEN ppol 1089OCT'8 Ai 1?: 14 OD /*/ ?o?i??sey 14/`? -?w MARYAM BAKHTIYAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAMYAR ESMAELPOUR DEFENDANT 2008-6071 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 10, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 30, 2009 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 r! I„11r ..: 2^P9 I`F] ',,f 1 2 F" 1 2• ` 9 A??Y-rq- is Ccr, #94 ? J - dew &I Is FEB 0 3 2o 10 a MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 : IN CUSTODY ORDER OF COURT CIVIL ACTION'- LW AND NOW, this day of Fe- L , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 6, 2008 is hereby vacated. a rn ca -v N 4 N 2. The Father, Kamyar Esmaeilpour and the Mother, Maryam Bakhtiyar, shall have shared legal custody of Sam Kamtiin Esmaeilpour, born November 10, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 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, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: A. Tuesday, February 2, 2010 for 8 hours. B. Every Monday from 8:00 a.m. to Wednesday at 4:30 p.m. C. Such other times as the parties agree. n, 5. Holidays, including Nooruze, shall be shared as agreed by the parties. 6. Mother shall be responsible for all transportation. 7. Neither party shall do, nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 8. Neither party may partake in illegal drugs or drink alcohol to the point of intoxication, immediately before or during their periods of physical custody. 9. 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. Another Conciliation Conference is scheduled for March 22, 2010 at 8:30 a.m. cc: raham ProzeskY, Esquire Counsel for Mother Lee E. Oesterling, Esquire, Counsel for Father cc(.D1e S 171at LCL BY THE COURT, MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Sam Kamtiin Esmaeilpour November 10, 2005 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on February 2, 2010, with the following in attendance: The Mother, Maryam Bakhtiyar, with her counsel, Abraham Prozesky, Esquire and Father, Kamyar Esmaelpour, with his counsel, Lee E. Oesterling, Esquire. 3. The Honorable J. Wesley Oler, Jr., previously entered an Order of Court dated November 6, 2008 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody as agreed by the parties. Father may be relocated for his job with Carlisle Tire and Wheel in the future. 4. The parties agreed to an Order in the form as attached. Date acq ine M. ?Vemelsquire Custody Conciliator MAR 2 2 2010 MARYAM BAKHTIY Plaintiff V. KAMYAR AND NOW, this consideration of the attac follows: 1. The prior and effect with the folloi 2. Mother sh every week supervised b3 Cumberland County Chil agree to supervise, and if parties may agree on an ii not restrict contact with 1 remain the same as in the 3. This Or( parties may modify the mutual consent, the ten scheduled for April 22, cc: raham Prozesky, Lee e E. Oesterling, I (20P, CS ,,YIA'94 3 2-2/16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . n NO. 2008-6071 CIVIL ACTION - L V _ UR, rv IN CUSTODY ORDER OF COURT day of 14 -Zjc? , 2010, upon Custody Conciliation Report, it is ordered and directed as ;r of Court dated February 4, 2010 shall remain in full force modification. 11 have supervised visitation with the child at least one hour Cumberland County Children & Youth Services, provided ren & Youth Services agrees. In the event that C&Y does not he Safety Plan permits supervised contact with Mother, the dependent supervisor. In the event that the Safety Plan does other, then Mother's periods of partial physical custody shall )rder of Court dated February 4, 2010. is entered pursuant to a Custody Conciliation Conference. The visions of this Order by mutual consent. In the absence of of this Order shall control. Another Conciliation Conference is 10 at 10:30 a.m. uire, Counsel for Mother ire, Counsel for Father -0 C' i u BY THE COURT, MARYAM BAKHTIY R, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6071 CIVIL ACTION - LAW KAMYAR ESMAEILP UR, Defendan : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. IN ACCORDAN E WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8 the undersigned Custody Conciliator submits the following report: 1. The perti litigation is as follows: NAME Sam Kamtiin 2. A Cot with the following in Abraham Prozesky, F Oesterling, Esquire. information concerning the Child who is the subject of this DATE OF BIRTH CURRENTLY IN CUSTODY OF November 10, 2005 Father ilia ion Conference was held in this matter on March 22, 2010, tte dance: The Mother, Maryam Bakhtiyar, with her counsel, quite and Father, Kamyar Esmaelpour, with his counsel, Lee E. 3. The Hoi dated February 4, 2010 physical custody and N Wednesday. 4. The parties 3 -?- -? Date le J. Wesley Oler, Jr., previously entered an Order of Court iding for shared legal custody, Father having primary having periods of partial physical custody every Monday to to an Order in the form as attached. acq line M. Verney, Esquire Custody Conciliator MAY 0'7 2010 MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 13 Itday of 1W ? `7 , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 22, 2010 is hereby vacated. The prior Order of Court dated February 4, 2010 shall remain in full force and effect with the following modification. 2. Mother shall have the following periods of partial physical custody: A. Week 1 and 3. Commencing May 10, 2010 Mother shall have physical custody of the child from Monday at 8:00 a.m. to Wednesday at 4:30 p.m. B. Week 2 and 4. Mother shall have physical custody of the child form Monday at 8:00 a.m. to Thursday at 8:30 a.m. C. Week 5 and continuing thereafter, Mother shall have physical custody from Monday at 8:00 a.m. to Thursday at 8:30 a.m. 3. 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. Another Conciliation Conference is scheduled for July 5, 2010 at 8:30 a.m. 0 N c k a Z, mac;; 4 ? 4 5 Q Z cc sham Prozesky, Esquire, Counsel for Mother Lee E. Oesterling, Esquire, Counsel for Father t ??' rn ?.t LL BY THE COURT, MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Sam Kamtiin Esmaeilpour November 10, 2005 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on May 6, 2010, with the following in attendance: The Mother, Maryam Bakhtiyar, with her counsel, Abraham Prozesky, Esquire and Father, Kamyar Esmaeilpour, with his counsel, Lee E. Oesterling, Esquire. 3. The Honorable J. Wesley Oler, Jr., previously entered Orders of Court dated February 4, 2010 and March 22, 2010 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation pending a child abuse investigation by Cumberland County Children & Youth Services. CCC&YS has completed its investigation and there was no finding of abuse. 4. The parties agreed to an Order in the form as attached. Date Jac&eline M. Verney, Esquire Custody Conciliator I MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant ,UL 072010 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of :I, f ", , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 4, 2010 and May 13, 2010 are hereby vacated, effective August 1, 2010. 2. The Mother, Maryam Bakhtiyar and the Father, Kamyar Esmaeilpour shall have shared legal custody of Sam Kamtiin Esmaeilpour, born November 10, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent,, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 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, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Beginning August 1, 2010, Mother shall have primary physical custody of the child. 4. Beginning August 1, 2010, Father shall have the following periods of partial physical custody: A. In the summer, beginning the first weekend after school recesses to one week before school begins. B. During the school recess at Christmas from the first day after school recesses to the day before school resumes. C. During Spring Break, if Father gives notice to Mother of being in the area. D. March 20 in odd numbered years. (Mother shall have physical custody in even numbered years.) E. Such other times Father is in the area. F. Such other times as the parties agree. 5. Father shall be responsible for all transportation. 6. The parties shall have liberal telephone contact. 7. 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. Wesley Oler, Jr?,,f ? J. cc: Abraham Prozesky, Esquire, Counsel for Mother Lee E. Oesterling, Esquire, Counsel for Father L £s rn?tl L MARYAM BAKHTIYAR, Plaintiff V. KAMYAR ESMAEILPOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6071 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Sam Kamtiin Esmaeilpour November 10, 2005 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on July 6, 2010, with the following in attendance: The Mother, Maryam Bakhtiyar, with her counsel, Abraham Prozesky, Esquire and Father, Kamyar Esmaeilpour, with his counsel, Lee E. Oesterling, Esquire. 3. The Honorable J. Wesley Oler, Jr., previously entered Orders of Court dated February 4, 2010 and May 13, 2010 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody three overnights per week. 4. The parties agreed to an Order in the form as attached. *7-6 -1o Date vi-Zed 2010 JUG- 9 GA) YKIO e r t Q.via2 ?9+-- tS1r 41'la4tZa-, acq ne M. Verney, Esquire Custody Conciliator (2 :04, Pry CMA-?