HomeMy WebLinkAbout08-6327e?
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STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
CINDY L. HRIBAL, ESQUIRE
PA Supreme Court ID: 202325
61 West Louther Street
Carlisle, PA 17013
Attorneys for Plaintiff
BRIAN HELLER
Plaintiff
V.
JENNIFER HELLER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 08 - (p3d17 0 i Vi l Te r••.
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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 St.
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
I
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
BRIAN HELLER
Plaintiff
V.
JENNIFER HELLER
Defendant
CINDY L. HRIBAL, ESQUIRE
PA Supreme Court ID: 202325
61 West Louther Street
Carlisle, PA 17013
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 4 y _ ef 32'1 C 4L3 -ul
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER & 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Brian Heller, who currently resides at 1875 Douglas Dr., Carlisle,
Cumberland County, Pennsylvania.
2. Defendant is Jennifer Heller, who currently resides at 1875 Douglas Dr., Carlisle,
Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately proceeding the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 23, 1997, in Las Vegas,
Nevada.
COUNT I- DIVORCE
5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as
though set forth in full.
6. There have been no prior actions for divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, §3301 (c) in that;
a. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in such counseling.
9. Neither Party in this action is a member of the Armed Forces.
WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce.
COUNT II- EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as
though set forth in full.
11. Plaintiff and Defendant have acquired property, both real and personal, during their
marriage, which property is marital property.
12. Plaintiff and Defendant may have owned, prior to marriage, property that has
increased in value during the marriage and/or which has been exchanged for other property, that
has increased in value during the marriage, all of which property is marital property.
13. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property prior to the filing of this Complaint.
WHEREFORE, The Plaintiff requests this Honorable Court to equitably divide all marital
property.
COUNT II- CUSTODY
14. Paragraphs lthrough 13 of this Complaint are incorporated herein by reference as
though set forth in full.
15. Plaintiff seeks custody of the following child:
Name Present Residence Age
Zachary W. Heller 1875 Douglas Dr., Carlisle, PA 17013 2
The child is presently in the custody of the Plaintiff and Defendant who reside at
1875 Douglas Dr., Carlisle, Cumberland County, Pennsylvania.
During the child's entire lifetime the child has resided with the following persons
and at the following addresses:
Name Residence Date
Plaintiff and Defendant 1875Douglas Dr. November 2005- Present
Carlisle, PA 17013
The Mother of the child is the above named Defendant, currently residing at 1875
Douglas Dr., Carlisle, PA 17013.
The Father of the child is the above named Plaintiff, currently residing at 1875
Douglas Dr., Carlisle, PA 17013.
Plaintiff and Defendant are currently married to one another.
The relationship of Plaintiff to the child is that of Father.
The relationship of Defendant to the child is that of Mother.
16. Plaintiff has not participated as a party or a witness or in another capacity in any
other litigation concerning the children in this or another Court.
17. Plaintiff has no information of a Custody proceeding concerning the children
pending in this Commonwealth or any other state.
18. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
19. Each parent whose parental rights of the child have not been terminated and the
person who has physical custody have been named as parties to this action.
20. The best interest and permanent welfare of the child will be best served by granting
the primary physical custody to Plaintiff due to Defendant not being stable.
WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical
custody of the children.
Date:
ZepYe re E rtok, EIqui
tto I. o. 52651
CindHn al, Esquire
Supreme Court I.D. 202325
61 West Louther St.
Carlisle, PA 17013
(717) 249-1177
Attorneys for Plaintiff
VERIFICATION
I, Brian Heller, verify that the statements made in this Complaint are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §
4904 relating to unworn falsification to authorities.
Date: t u 2r
Brian Heller
STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE
PA Supreme Court ID: 52651 PA Supreme Court ID: 202325
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 Attorneys for Plaintiff
BRIAN HELLER
Plaintiff
V.
JENNIFER HELLER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No..
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Cindy L. Hribal, Esquire., counsel for Plaintiff, hereby certify that a copy of the
Complaint for Divorce, directed to Defendant, Jennifer Heller, was served upon Defendant at
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Defendant's residence, 1875 Douglas Dr., Carlisle, PA 17013., this C@/ day of October, 2008,
by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.
C.R.P. 1930.4(c). .
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BRIAN HELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-6327 CIVIL TERM
JENNIFER HELLER,
Defendant
IN DIVORCE AND CUSTODY
PETITION TO APPOINT A CUSTODY CONCILIATOR
AND NOW, comes the Defendant, Jennifer Heller, by and through her counsel,
Michael J. Whare, Esquire and avers as follows:
1. Petitioner/Defendant is Jennifer Heller, who currently resides at 2084 Gap
Newport Pike, Cochranville, Pennsylvania 19330.
2. Respondent is Brian Heller, who currently resides at 1875 Douglas Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the biological parents of Zachary W. Heller, born November 9,
2005.
4. On October 27, 2008 Plaintiff/Respondent filed a Complaint in Divorce and
included a custody count as part of the Complaint.
5. For unknown reasons, a conciliation conference was never scheduled.
6. Petitioner/Defendant is requesting that a custody conciliator be appointed so
that a conciliation conference can be scheduled in regards to this matter.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant
her Petition to Appoint a Custody Conciliator and schedule a conciliation conference.
Respectfully submitted,
Date: ?'' A
Michael I Whar , Esquire
37 East Pomfret Street
Carlisle, PA 17013
Supreme Ct. Id No. 89028
Attorney for Plaintiff
BRIAN HELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-6327 CIVIL TERM
JENNIFER HELLER,
Defendant
IN DIVORCE AND CUSTODY
ATTORNEY VERMCATION
I, Michael J. Whare, Esq., verify that the statements made in this Petition are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: d??-07
Michael J. ?har'f Esq.
BRIAN BELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-6327 CIVIL TERM
JENNIFER NETT ER,
Defendant
IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this
day mailed a copy of the within Petition to Appoint a Custody Conciliator upon the
following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Stephanie Chertok, Esquire
61 W. Louther Street
Carlisle, PA 17013
Dated: « -?.'O g
Michael J. Where, E wire
Attorney for Petitioner
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BRIAN HELLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER HELLER
DEFENDANT
2008-6327 CIVIL ACTION LAW
IN CUSTODY
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 8:30 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/ John J. Mangan, r.,Esq.jjjM
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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
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MAR 16 pppg o,
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BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
JENNIFER HELLER, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this 171h day of March 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Le al{z Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller, born 11/09/2005. 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 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 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: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. In week one, commencing 3/14/09, Mother shall have physical custody of
Zachary on Saturday from 8:00 am until 5:30 pm. Absent mutual agreement
otherwise, the parents shall meet for the pick up and drop off exchange at the
Turkey Hill in Hershey. Mother shall have physical custody of Zachary
Monday, Wednesday and Friday from 8:00 am until 5:00 pm. Mother shall pick
Zachary up from the Lowe's residence and drop Zachary off at Father's place of
employment at 5:00 pm.
b. In week two, Mother shall have physical custody of Zachary on Sunday from
8:00 am until 5:30 pm. Absent mutual agreement otherwise, the parents shall
meet for the pick up and drop off exchange at the Turkey Hill in Hershey.
Mother shall have physical custody of Zachary Monday, Wednesday and Friday
from 8:00 am until 5:00 pm. Mother shall pick Zachary up from the Lowe's
residence and drop Zachary off at Father's place of employment at 5:00 pm.
C. Mother shall have physical custody of the Child at such other times as the
parties may mutually agree.
3. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary.
4. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.
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5. 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.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. A status conference is hereby scheduled with the assigned conciliator on May 18, 2009 at 9:00
am at the Court of Common Pleas in Carlisle, PA 17013.
8. 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,
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Distribution:
,--Michael Whare, Esquire
/Stephanie Chertok, Esquire
,-To'hn I Mangan, Esquire
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
JENNIFER HELLER, 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:
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
Zachary W. Heller 11/09/2005 Primary Father
2. A Conciliation Conference was held with regard to this matter on March 12, 2009 with
the following individuals in attendance:
The Mother, Jennifer Heller, with her counsel, Michael Whare, Esq.
The Father, Brian Heller, with his counsel, Stephanie Chertok, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
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Date John tgEsq
Codyonciliator uir
MAY 2 6 20094
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
JENNIFER HELLER, IN CUSTODY
Defendant
Prior Judge: M. L. Ebert, Jr., J.
ORDER OF COURT
AND NOW this _L1- day of May 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller, born 11/09/2005. 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 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 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.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. In week one, commencing 3/14/09, Mother shall have physical custody of
Zachary on Saturday from 8:00 am until 5:30 pm. Absent mutual agreement
otherwise, the parents shall meet for the pick up and drop off exchange at the
Turkey Hill in Hershey. Mother shall have physical custody of Zachary
Monday, Wednesday and Friday from 8:00 am until 5:00 pm. Mother shall pick
Zachary up from the Lowe's residence and drop Zachary off at Father's place of
employment at 5:00 pm.
b. In week two, Mother shall have physical custody of Zachary on Sunday from
8:00 am until 5:30 pm. Absent mutual agreement otherwise, the parents shall
meet for the pick up and drop off exchange at the Turkey Hill in Hershey.
Mother shall have physical custody of Zachary Monday, Wednesday and Friday
from 8:00 am until 5:00 pm. Mother shall pick Zachary up from the Lowe's
residence and drop Zachary off at Father's place of employment at 5:00 pm.
C. Mother shall have physical custody of the Child at such other times as the
parties may mutually agree.
d. The Court takes specific note that the parties have not been following this
custodial schedule by agreement. In particular, Father has been flexible in order
to accommodate Mother's schedule and Father indicates that Mother has not
utilized some of her allotted custodial time with the Child. The parties may alter
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and/or expand this custodial arrangement by agreement as necessary and proper
in the Child's best interest.
4. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.
6. 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.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. 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:
X chael Whare, Esquire
,8f phanie Chertok, Esquire
Xhn J. Mangan, Esquire
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BRIAN HELLER,
Plaintiff
V.
JENNIFER HELLER,
Defendant
Prior Judge: M. L. Ebert, Jr., J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-6327 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
Zachary W. Heller 11/09/2005
Currently in the Custody of
Primary Father
2. A Conciliation Conference was held with regard to this matter on March 12, 2009, an
Order issued March 17, 2009 and a status update conference was held May 18, 2009
with the following individuals in attendance:
The Mother, Jennifer Heller, with her counsel, Michael Whare, Esq.
The Father, Brian Heller, with his counsel, Stephanie Chertok, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo gan, Esquire
C tod Conciliator
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17-? I'S
BRIAN HELLER,
Plaintiff
VS.
JENNIFER HELLER,
Defendant
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counteraffidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated in late November 2008, and have continued to live
separately and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
Date: '? - 51-- Vp
f 1LGD-OFFICL
E 1 "CjT?'0N10T . Y
'1011 F E B 14 AM a. F I
CUMBERLAND COU T ':'
BRIAN HELLER,
Plaintiff
vs.
JENNIFER HELLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED INFORMA PAUPERIS
TO THE PROTHONOTARY:
Please allow Jennifer Heller, Defendant in the above matter, to proceed informa pauperis.
The undersigned, as counsel for the said Jennifer Heller certifies that he is serving as her
attorney in a pro bono capacity because the Defendant has qualified for free legal representation
through the Mid Penn Legal Services offices and, as a result, she is unable to pay the costs and
the undersigned is providing free legal services to her.
Date:
Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12`' Street
P.O. Box 168
Lemoyne, Pa 17043
FILED-OFFICE
OF TW7- T, 0 T?'vr,a
. .
2"I I FEE, 14 AM 9: F I
BRIAN HELLER, ZFP
Plaintiff
VS.
JENNIFER HELLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
IN CUSTODY
DEFENDANT'S PETITION TO MODIFY
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
petitions the court to modify its order of 27 May 2009, based upon the following:
1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff.
2. The parties are the parents of one minor child, Zachary W. Heller, age 5, born 9
November 2005. The child is the subject of an order of this court dated 27 May 2009, a copy of
which is attached hereto and marked as EXHIBIT A.
3. Since the entry of that order, the circumstances of the child and the party have
changed to the extent that the order should be modified to grant Defendant expanded periods of
physical custody with the child. Those changes include:
A. Defendant is now employed in a regular full time position and has
sufficient income to make a suitable home for herself and the child.
B. Defendant now has suitable housing for herself and the child with
which she can provide a proper home for him.
C. Defendant's life has stabilized to the point that she can now provide a
comfortable and secure home for the child and can provide for his physical,
emotional, and other needs.
4. Defendant has a good and close relationship with the child but that relationship can be
strengthened and enhanced if she is awarded expanded periods of custody with the child.
WHEREFORE, Petitioner prays this court to grant her share physical custody of the
parties son Zachary W. Heller.
Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
P.O. Box 168
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
falsification to authorities).
Date: k 3L //
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for the
Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Andrew J. Bender, Esquire
61 West Lowther Street
Carlisle, Pa 17013
Date: p-11
Amy . Harkins
Secretary for Samuel L. Andes
EXHIBIT A
MAY [ 0 t?ua? ci
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BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
JENNIFER HELLER, IN CUSTODY
Defendant
Prior Judge: M. L. Ebert, Jr., J.
ORDER OF COURT
AND NOW this day of May 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. Legal Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller, born 11/09/2005. 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 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 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.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. In week one, commencing 3/14/09, Mother shall have physical custody of
Zachary on Saturday from 8:00 am until 5:30 pm. Absent mutual agreement
otherwise, the parents shall meet for the pick up and drop off exchange at the
Turkey Hill in Hershey. Mother shall have physical custody of Zachary
Monday, Wednesday and Friday from 8:00 am until 5:00 pm. Mother shall pick
Zachary up from the Lowe's residence and drop Zachary off at Father's place of
employment at 5:00 pm.
b. In week two, Mother shall have physical custody of Zachary on Sunday from
8:00 am until 5:30 pm. Absent mutual agreement otherwise, the parents shall
meet for the pick up and drop off exchange at the Turkey Hill in Hershey.
Mother shall have physical custody of Zachary Monday, Wednesday and Friday
from 8:00 am until 5:00 pm. Mother shall pick Zachary up from the Lowe's
residence and drop Zachary off at Father's place of employment at 5:00 pm.
C. Mother shall have physical custody of the Child at such other times as the
parties may mutually agree.
d. The Court takes specific note that the parties have not been following this
custodial schedule by agreement. In particular, Father has been flexible in order
to accommodate Mother's schedule and Father indicates that Mother has not
utilized some of her allotted custodial time with the Child. The parties may alter
r
and/or expand this custodial arrangement by agreement as necessary and proper
in the Child's best interest.
4. t: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.
6. 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.
7. in the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. 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,
IW bution:
,,Accbael Whare, Esquire
bane Chertok, Esquire
ohn I Mangan, Esquire J
l
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAV
C °
JENNIFER HELLER, : IN CUSTODY zrn rn--.,,
Defendan t N -Orn
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Prior Judge: M. L. Ebert, Jr.
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ORDER OF COURT ? c? rt
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AND NOW this 1 ---1 N
day of May 2011, upon consideration of the attached C-6stody
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. Legal Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller, born 11/09/2005. 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 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 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.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. For four (4) weeks ending in mid May 2011, on Mother's first day off from
work, she shall have custody from 9:00 am until 6:00 pm and then on her second
day off, she shall have custody from 7:00 pm the evening before her day off
until 7:00 pm on her day off.
b. Commencing mid-May 2011, Mother shall have custody on each of her two
days off per week from 7:00 pm the day before until 7:00 pm her day off. The
non-custodial parent shall pick up Zachary from the custodial parent.
C. Mother shall also be entitled to spend some time in the evenings with Zachary
by agreement of the parties.
d. Mother shall give Father at least one week advance notice of her work schedule.
e. The parties may alter and/or expand this custodial arrangement by agreement as
necessary and proper in the Child's best interest.
4. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the
absence of agreement, the parents shall adhere to the holiday schedule as attached.
6. 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.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
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,
.M?
t.pie-& ao? r J.
Distribution: I
Samuel Andes, Esquire
Andrew Bender, Esquire, 61 West Louther Street, Carlisle, PA 17013
John J. Mangan, Esquire
TIMES EVEN ODD
HOLIDAYS AND YEARS YEARS
SPECIAL DAYS
Easter Day 1St Half From 9 am until 3 m Father Mother
Easter Day 2° Half From 3 m until 9 m Mother Father
Memorial Day From 9 am until 9 m Mother Father
Independence Day From 9 am until 9 pm Father Mother
Labor Day From 9 am until 9 m Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treatin
Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother
Half m on Thanksgiving Day
Thanksgiving 2n From 2 pm on Thanksgiving Day to Mother Father
half noon the day after Thanksgiving Da
Christmas 1St Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2° Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
1St (with the 12/31 year to control the
even/odd determination)
Moth
'
D
er
s
ay 11 From 9 am until 9 m Mother Mother
Fath
'
D
er
s
ay From 9 am until 9 m Father Father
BRIAN HELLER,
Plaintiff
V.
JENNIFER HELLER,
Defendant
Prior Judge: M. L. Ebert, Jr., J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-6327
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
Zachary W. Heller 11/09/2005 Primary Father
2. A Conciliation Conference was held with regard to this matter on March 12, 2009, an
Order issued March 17, 2009, a status update conference was held May 18, 2009, an
Order issued May 27, 2009 and a conference was held April 15, 2011 with the
following individuals in attendance:
The Mother, Jennifer Heller, with her counsel, Samuel Andes, Esq.
The Father, Brian Heller, with his counsel, Andrew Bender, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
...........
., .
Date John gan, Esquire
Cus dy Conciliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BRIAN HELLER,
Plaintiff
CIVIL ACTION - LAW
NO. 08-6327
V.
JENNIFER HELLER,
Defendant
IN DIVORCE
PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this day of 2011, by and
between BRIAN HELLER, Plaintiff, hereinafter referred to as "Husband", and
JENNIFER HELLER, Defendant, hereinafter referred to as "Wife";
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife having been lawfully
married on September 23, 1997, in Las Vegas, Nevada; and
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WHEREAS, differences have arisen between Husband and Wife in consequence
of which they have decided to live separate and apart from each other; and
WHEREAS, Husband has instituted an action for a mutual consent divorce under
§ 3301(c) of the Divorce Code, which included, inter alia, a count for equitable
distribution of marital property, and is filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at number 08-6327; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations, including the settling of their property rights and other rights and obligations
of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth, and for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by each of the parties, Husband and
Wife each intending to be legally bound hereby, agree as follows:
1. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place or places as he or she may so choose. Each party shall be
free from interference, authority or control, direct or indirect, by the other as freely as if
he or she were single and unmarried. Neither shall molest the other nor compel nor
endeavor to compel the other to cohabit or dwell with him or her.
II. DIVISION OF PERSONAL PROPERTY
The parties hereby agree that they have divided between them their personal
effects, tools, equipment, household furnishing and other articles of personal property
which has been used by them, individually or in common, to their mutual satisfaction.
The parties shall retain any and all items of personal property which are currently in his
or her possession. Each shall keep the vehicle(s) that are currently in his or her
possession, and shall sign any documents necessary to allow the other to register or
insure their vehicle in their own name as sole owner. Each party agrees to be
individually liable for any debt and/or insurance associated with the vehicle that is in his
or her possession and shall indemnify and hold the other harmless from any and all
liability associated with same.
III. BANK ACCOUNTS, STOCKS, AND INVESTMENTS
A. Husband and Wife agree that each shall retain as his or her sole and separate
property free from any and all right, title, claim or interest of the other any and all stocks,
bonds, investments, sums of cash, savings accounts, checking accounts, mutual funds,
stock accounts, or any other asset of a similar nature not previously described herein, and
any other asset of a similar nature which is not specifically addressed elsewhere in this
agreement, which is titled in his or her individual name or is currently in his or her
individual possession;
2
B. Each party agrees that neither shall access the others' financial accounts in any
manner, whether electronically or by other means; and
C. The parties acknowledge and agree that they do not currently have any open
joint financial accounts, and that all joint financial accounts previously owned by the
parties have been distributed to their mutual satisfaction.
IV. REAL ESTATE
The parties own real estate at 1875 Douglas Drive, Carlisle, Cumberland County,
Pennsylvania, and have agreed that, if Husband can obtain Wife's unconditional release
from any liability on the mortgage against the property owed to PNC Mortgage, she will
transfer all of her right, title and interest in the property to Husband. To accomplish this,
the parties agree as follows:
A. Wife shall execute and deliver to Husband's attorney a Quit Claim
Deed transferring all of her right, title and interest in the property to Husband.
The Deed will be held in escrow by Husband's attorney until such time as
Husband refinances the debt secured by a mortgage against the property to obtain
Wife's release from that liability or otherwise obtains her unconditional release
from that liability.
B. Husband will take whatever steps are reasonably necessary to secure
Wife's release from the debt secured by a mortgage against the property.
C. Upon proof that Wife has been unconditionally released from liability
on the said debt, Husband's attorney is authorized to record the Quit Claim Deed
transferring the property to Husband.
The parties will cooperate to effect the transfer of the property and the release of Wife's
liability on the debt in accordance with this Paragraph. Until such time as Wife's release
from that obligation has been obtained, Husband shall pay and satisfy, in accordance with
their terms, the debts, liens and obligations against the property and shall indemnify and
save Wife harmless from any loss, cost or expense caused to her by the failure to pay
those obligations in a timely fashion.
V. PENSION/RETIREMENT
Each party shall retain as his or her separate property his or her own pension
and/or retirement accounts. The parties agree that they will sign any documentation
necessary to release and extinguish any interest that they might have in the other's
account(s).
VI. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND
POST-DIVORCE ALIMONY
Husband and Wife each waive their present and future rights to spousal support,
alimony pendente lite or post-divorce alimony.
VII. DEBTS
The parties acknowledge and agree that, other than the joint mortgage debt
referenced in Paragraph IV above which is being resolved pursuant to the terms of this
Agreement, there are no outstanding joint debts or debts for which the other may be
liable. Any debt which has been incurred by either party post-separation, or which is in
the future incurred by either party, shall be the sole responsibility of that party and that
party shall indemnify and hold the other party harmless from any and all obligation that
may result therefrom.
VIII. DEBTS NOT LISTED
Husband and Wife represent and warrant to the other that he or she has not
incurred any debt, obligation or any other liability, other than those described in this
agreement, on which the other party is or may be liable. Liability not disclosed in this
agreement will be sole responsibility of the party who has incurred or may hereafter incur
it, and such party agrees to pay said debt as it shall become due, and to indemnify and
hold the other party harmless from any and all such debt, obligation and liabilities.
4
IX. EQUITABLE DISTRIBUTION
This Agreement constitutes an equitable division of the parties' marital property.
The parties have determined that the division of their property conforms with the rights of
each party. Each party hereby acknowledges that this Agreement adequately provides for
his or her needs and is in his or her best interest, and that the Agreement is not the result
of any fraud or undue influence exercised by either party upon the other or by any other
person or persons. Both parties hereby waive the following procedural rights pursuant to
the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure:
A. the right to obtain an inventory and appraisement of all marital and
separate property;
B. the right to obtain an income and expense statement of the other party;
C. the right to have the court determine which property is marital and non-
marital, and equitably distribute between the parties that property which the court
determines to be marital; and
D. the right to have the court decide any other rights, remedies, privileges, or
obligations covered by this Agreement, including but not limited to possible
claims for divorce, spousal support, alimony, alimony pendente lite (temporary
alimony), and counsel fees, costs and expenses.
X. MUTUAL RELEASE
Husband and Wife each relinquish any right in the estate of the other, including,
any right to take under the duly executed Will of the other and any right to take under the
Intestacy laws of this or any other jurisdictions. Further, the parties have been advised by
their respective legal representatives, concerning all of their rights under the
Pennsylvania Divorce Code.
XI. LIFE INSURANCE
Husband and Wife hereby specifically release and waive any and all right, title,
claim or interest that he or she may have in and to any and all policies of insurance
owned by or insuring the life of the other including cash surrender value, if any, and
specifically waive any beneficiary designations made thereunder.
5
XII. MISCELLANEOUS
Upon the execution of this agreement, any and all property not specifically
addressed herein shall be deemed to be owned by the party to whom the property is titled,
and if untitled, the party in possession thereof.
XIII. TAX ADVICE
Husband and Wife hereby acknowledge and agree that they have had the
opportunity to obtain their own accountants, certified public accountants, tax advisors or
tax attorneys with regard to the tax implications in this agreement. Husband and Wife
acknowledge and agree that neither has been given any tax advice whatsoever by their
respective attorneys. Both parties hereby acknowledge that they have been advised by
their respective attorneys to seek their own independent tax advice regarding this
agreement.
XIV. BREACH
If either party breaches any provision of this Agreement the other party shall have
the right to sue for damages for such breach, and to seek any other remedy allowed in law
or equity. The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other for enforcing his or her rights under this Agreement
or seeking such other remedy or relief that may be available to him or her. Waiver by
one party of any breach of this Agreement by the other party shall not be deemed a
waiver of any subsequent, similar or other breach.
XV. FULL DISCLOSURE
Husband and Wife each represent and warrant to the other that he or she has had
an opportunity to obtain full and complete disclosure from the other of all assets of any
nature whatsoever in which such party has an interest, as well as all sources and amounts
of the other party's income.
XVI. DIVORCE
The parties hereby acknowledge that Husband has initiated a Divorce Action in
the Court of Common Pleas of Cumberland County, Pennsylvania filed at number 08-
6
6327, which includes a count for divorce under the § 3301(c) of the Divorce Code. It is
the intention of the parties, and the parties hereby agree, that they have resolved all
ancillary economic issues related to their Divorce. The parties agree that following the
execution of this agreement they shall each sign an Affidavit of Consent to Divorce and
Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to
Counsel for Husband, who shall promptly submit said Affidavits and Waivers to the
Court along with a Praecipe to Transmit Record, Divorce Information Sheet and any and
all documents necessary to precipitate the entry of a Divorce Decree.
XVII. REPRESENTATION OF PARTIES BY COUNSEL
Each party has had the opportunity to have legal counsel to represent them in the
negotiation and preparation of this Agreement and has either been so represented or has
voluntarily chosen not to be represented. Specifically, Husband has been represented by
Andrew J. Bender, Esquire of Allied Attorneys of Central Pennsylvania, L.L.C., and
Wife has been represented by Samuel L. Andes, Esquire. Each party has carefully read
this Agreement, has had the opportunity to discuss this Agreement with their counsel and
is completely aware of its contents and its legal ramifications.
XIII. DATE OF EXECUTION
The date of execution of this agreement shall be defined as the date upon which
the parties sign the agreement, if they do so on the same date, or if not on the same date,
then the date on which the agreement is signed by the last party to execute this
agreement.
XIX. EFFECTIVE DATE
This agreement shall become effective and binding upon the parties on the
execution date.
7
XX. EFFECT OF RECONCILIATION, CO-HABITATION OR
DIVORCE
This agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, co-habit as Husband and Wife or attempt to
effect reconciliation.
XXI. ENTIRE AGREEMENT
Husband and Wife each acknowledge that he or she has carefully read this
agreement, including any and all other documents to which it refers, such other
documents being incorporated herein by reference, that he or she has discussed its
provisions with an attorney of his or her own choosing, and has voluntarily executed this
agreement in reliance upon his or her own attorney, and that this instrument expresses the
entire agreement between the parties concerning the subjects it covers, and that this
agreement supersedes any and all prior agreements between the parties.
XXII. ADDITIONAL INSTRUMENTS
Each of the parties shall on demand or within a reasonable period thereafter,
execute and deliver any and all other documents and do or cause to be done any act that
may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party fails on demand to comply with the provisions, that party shall
pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a
result of such failure.
XXIII. MODIFICATION AND WAIVER
Modification or waiver of any provision of this Agreement shall be effective only
if made in writing and executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
XXV. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any effect whatsoever in determining the rights or obligations of the parties.
XXIV. SUCCESSORS AND ASSIGNS
This Agreement, except as otherwise expressly provided herein, shall be binding
and inure to the benefit of the respective legatees, devisees, heirs, executors,
administrators, assignees and successors in interest to the parties.
XXV. GOVERNING LAW
This Agreement shall be governed by and shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
XXVI. INCORPORATION IN DIVORCE DECREE WITHOUT
MERGER
With the approval of any Court of competent jurisdiction in which any divorce
proceeding may now be pending or which hereafter may be instituted, this Agreement
shall be incorporated in any decree of absolute divorce which may be passed by said
court. In the event that court shall fail or decline to incorporate this Agreement or any
provisions thereof in said decree, then and in that event the parties, for themselves and
their respective heirs, personal representatives and assigns, agree that they will
nevertheless abide by and carry out all the provisions thereof.
It is further agreed that regardless of whether said Agreement or any part thereof
is incorporated in any such decree, the same shall not be merged in said decree, but said
Agreement and all the terms thereof shall continue to be binding upon the parties and
their respective heirs, personal representatives and assigns.
9
IN WITNESS WHEREOF, intending to be legally bound, the parties hereto
have set their hands and seals the day and year first above written:
DATE:. hvtl _
DATE: vs 3s ??
DATE: /
DATE: 2.0 W7 2?,,
BRIAN HELLER, Plaintiff
ANDREW J. BE DER, ESQUIRE
Counsel for Plaintiff
UE L. D DIRE
Counsel for Defendant
10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PERRY
SS
On this, the 2Sdk day of MAY 2011, before me the
undersigned attorney licensed to appear before the highest court of the Commonwealth of
Pennsylvania, personally appeared, BRIAN HELLER, known to me or satisfactorily
proven to me to be the person whose name is subscribed to the within Property
Settlement Agreement, and acknowledged that he executed the same for the purposes
therein contained.
BRIAN HELLER
IN WITNESS WHEREOF, I hereunder set my hand this 254?- day of
M04 , 2011.
Attorney
PA Suprem Court ID # 30ugU5
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this ?s day of Ma.., , 2011, before me, a Notary
Public, personally appeared, As ley A . C"' 11,e , known to me (or
satisfactorily proven) to be a member of the bar of the highest court of the
Commonwealth of Pennsylvania and subscribing witness to the within instrument, and
certified that s/he was personally present when whose name
subscribed to the within instrument executed the same, and that
Q? k411W acknowledged that s/he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF I hereunto set my hand and seal.
o ry Of 'c
24, 7
12
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, the day of I Y10 , 2011, before me the
undersigned officer personally appeared, JENNIFER HELLER, known to me or
satisfactorily proven to me to be the person whose name is subscribed to the within
Property Settlement Agreement, and acknowledged that she executed the same for the
purposes therein contained.
JENNIFER HELLER
IN WITNESS WHEREOF, I hereunder set my hand and seal this Jhday of
2011.
1l5
Notary 0 blic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
AMY M. HARKINS, Notary Public
Lemoyne Soro., Cumberland C;oft
13
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
BRIAN HELLER,
Plaintiff
V.
JENNIFER HELLER,
Defendant
FILED-OFFICE
CIS' THE PROTHONOTARY
2011 JUL 13 PM 1: 0 4
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6327
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
The undersigned does hereby certify that on November 12, 2008, a true and correct copy
of a Complaint Under § 3301(c) of the Divorce Code was served upon the defendant, Jennifer
Heller, by forwarding same via U.S. Postal Service Certified Mail, return receipt requested. A
return receipt was received from the U.S. Postal Service indicating that the defendant accepted
the certified mailing on November 26, 2008. A true and correct copy of the U.S. Postal Service
return receipt is attached hereto marked as Exhibit "A" and made a part hereof.
DATE: 0'1/13/11
ANDREW J. BE DER, ESQUIRE
Attorney for Plaintiff
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
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so that we can return the card to you.
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If YES, enter delivery address below. ? No
3. Service Type
? Certified Mail ? Express Mail
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i 4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7002 2410 0003 1550 6277
(T? service
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BRIAN HELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6327
V.
JENNIFER HELLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned does hereby certify that, on the date indicated, a true and correct copy of
the foregoing Affidavit of Service was served upon the following person(s) by forwarding same
via U.S. Postal Service, first class mail, at the following address(es):
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
DATE: 0.7 1ANDRE J. BEN ER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
r= ?-
.,s 1 HE PR ?HO 07"ARY
2011 JUL 13 PM 1= 04
CUMBERLAND CUU1g1- '
PENNSYLVANIA
BRIAN HELLER,
Plaintiff
vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
JENNIFER HELLER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
and served upon the Defendant on or about
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit 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.
7 aill
Date
BRIAN HELLER
FILED-OFFICE
OF THE PROTN090TAR`,r
2011 JUL 13 PM 1: 04,
CUMBERLAND CGUNT
PENNSYLVANIA
BRIAN HELLER,
Plaintiff
VS.
JENNIFER HELLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
and served upon the Defendant on or about
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit 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
unworn falsification to authorities.
JE. ER H LL ?
Dated:
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
FILED-OFFICE'
U I E PROTHONOTARY
2011 JUL 13 PM 1: n5
CUMBERLAND COUNTY
PENNSYLVANIA
BRIAN HELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6327
V.
JENNIFER HELLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: November 26, 2008 via U.S. Postal
Service Certified Mail.
3. Complete either (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce Code: by plaintiff 07/08/11 by defendant 06/20/11
(b)(1) Date of Plaintiff's execution of the affidavit required by § 3301(d) of the
Divorce Code: ; Date of Defendant's execution of the
affidavit required by § 3301(d) of the Divorce Code: ; (2)
Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: None.
5. Complete either (a) or b).
(a) Date and manner of service of the notice of intention to file praecipe a
copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the prothonotary:
07/13/11 ; Date defendant's Waiver of Notice was
filed with the prothonotary: 07/13/11
DATE: 07113111
Andrew J. Bender, squire
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
BRIAN HELLER,
Plaintiff
V.
JENNIFER HELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6327
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned does hereby certify that, on the date indicated, a true and correct copy of
the foregoing Praecipe to Transmit Record was served upon the following person(s) by
forwarding same via U.S. Postal Service, first class mail, at the following address(es):
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
DATE: 6) 1 0
ANDREW J. B DER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
BRIAN HELLER
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER HELLER NO. 08-6327
DIVORCE DECREE
AND NOW, sL J l / W011, it is ordered and decreed that
BRIAN HEL ER , plaintiff, and
JENNIFER HELLER , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
By the Court,
?,A. //- &/? j
lJob ce. i c6?J
,mar*le ?
A44 Bei/ol8r-
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�ch1'1Sw L v�,M1
BRIAN HELLER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
JENNIFER HELLER, )
Defendant ) IN CUSTODY
PETITION TO MODIFY
AND NOW comes the above-named Defendant by her attorney, Samuel L. Andes, and
petitions the court to modify its order of 19 May 2011, based upon the following:
1. The Petitioner herein is the Defendant, whose current address is 5113' Street,
Carlisle, Pennsylvania 17013.
2. The Respondent herein is the Plaintiff, who resides at 15 Stevens Road, Camp Hill,
Pennsylvania 17011.
3. The parties are the parents of one minor child, Zachary W. Heller, born 9 November
2005. That child is the subject of an order of this court dated 19 May 2011, a copy of which is
attached hereto and marked as EXHIBIT A.
4. Since the entry of that order, the circumstances of the parties of the child have
changed significantly. Those changes include:
A. Mother's work schedule has changed.
B. Father has moved a considerable distance from his prior residence and
enrolled the child in school in Camp Hill.
C. The child is older and has activities in addition to his school time.
D. As a result of a recent move by Plaintiff, the child will be required to
change schools in the summer of 2013.
E. As a result of the changes noted above, the custody schedule set out in
this court's last order is no longer practicable to the parties and the child.
WHEREFORE, Petitioner prays this court to modify the custody order to expand her
time with the child and require the parties to share equitably in the burden of transportation for
custodial purposes.
Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12t' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
Date: /7 6152 1�2
JENNIFE LER
Aug7O?-20,12 11 :40 AM CenturyLink 7172456103 2/4
v
BRIAN HEL.LER, IN THE COURT OIL COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
J'ENNfF2R HELLER, 1N CUSTODY
Defendant .
Prior Judge: M.L.Ebert,Jr.,J.
ORD1;R OF COURT
AND NOW this r day of May 2011,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. T,egal Custody: The Father,Brian Heller, quid the Mother,Jennifer Heller,shall have shared
legal custody of Zachary W.Heller,born 11/09/2005. The parties sliall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not lin kited to,all decisions regarding bis 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 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.
3. Physical Custody_: Father shall,have primary physical custody of the Child subject to Mother's.
pazti,al physical custody as follows:
a. For four(4) weeks endh-ig in mid May 2011, on Mother's first day oft'from
work,she shall have custody from 9:00 am until 6:00 pm and then on her second
day off, she shall bave custody from 7:00 pm the evening before her day off
until 7:00 pm on her day off
b. Commencing mid-May 2011,Mother shall have custody on each of tier two
days off per week from 7:00 pm the day before until 7:00 pm her day of[. The
non-custodial parent shall pick up Zachary from the custodial parent.
G. Mother shall also be entitled to spend some time in the evenings with Zachary
by agreement of the parties.
d. Mother shall give Father at least one week advance notice of her work schedule.
e. The parties may alter and/or expand this custodial arrangement by agreement as
necessary and proper in the Child's best interest.
4. Contact: The patents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
re;ard to custodial issues with Zachary.
5. holidays: The pw-ents shall arrange a holiday schedule as mutually agreed upon. Jja the
absence of agreement,the parents shall adhere to the holiday schedule as attached.
Aug702-2Q12 11 :41 AM CenturyLink 7172456103 3/4
6. 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 inay 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 tJle 0i.i)d.
7. In the event of a medical emergency,the custodial party shall notify the other party as soon as
possible alter the emergency is handled.
8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order:by in'atxial consent. Tn the absence of mutual consent,the terms of
this Order shall control.
By the Court,
J.
Di sWbution:
Samuel Andes,Esquire
Andrew Bender,Esquire,61. West Louiher Street,Carlisle,PA 17013
John J.Mangan,Esquire
EVEN -— ODD
HOLIDAYS AND YEARS YEARS r2.
SPECIAL DAYS
Easter Day 15`Half From 9 am until pin Father _Mother
Easter Day 2" Half From 3 pnn until 9 pm Mother Ii t&i
Memorial Day From 9 am until 9 pm Mother Father fig.
_bode endence Ida From 9 am until 9 pun Father Mother � 0 0
Labor Day From 9 am until9 pm Mother Father _
Halloween From one hour before trick or Father Mother
treating to one horn after trick or
treating
Thanksgiving 1s` From 8 am Thanksgiving Day to 2 Father Mother
Half pm on' 'l wiksgiving Day
Thanksgiving P_ Froua 2 pin on Thanksgiving Day to Mother Father
half noon tlne day after Thanksgiving Da
Christmas I'atf From rioun can 12/24 to noon on Father Mather
12/25 _
Christmas 2r Ralf. From norm on 12/25 to noon on Mother Father
7.2/26
New Year's From 6 pm 12/31 until noon January Mother Father
1"(with the 12/31 year to control the
cv=- /odd determination)
Mother's Day From 9 am until 9 prn Mother Mother
Father's Day From 9 am until 9 pm _ Father Father
Aug-02-2012 11 :41 AM CenturyLink 7172456103 4/4
BRIAN IIELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff: CUMBERLAND COTJNTY,PENNSYLVANIA
V. No. 08-6327 CIVIL.ACTION LAW
JENNIFER I-IELLER, IN CUSTODY
Defendant
Prior Judge:M. L. Ebert, Jr.,J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b),the undersigned Custody Conciliator submits tlie 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
Zachary W.Heller 11/09/2005 Primary Father
2. A Conciliation Conference was held wi b regard to this matter on March '12,2009,an
Order issued March 17,2009,a status update couference was held May 18,2009,an
Order issued May 27,2009 and a conference was field April 15,2011 with the
following individuals b) attendance:
The Mother,Jennifer Heller,with her counsel, Samuel Andes,Esq.
The Father,Brian Heller,with his coiuisel,Andrew Bender,Esq.
3. The parties agreed to the envy of an Order in the foam as attached.
Date John rb Agii,,Fsquire
Cus t dy.Conciliator
[t APR 16 N1 2: 65-
CLIMBER AND C 3 jlj� y
PENNSYLVIAMA
BRIAN HELLER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. ) CIVIL ACTION - LAW
NO. 08-6327 CIVIL TERM
JENNIFER HELLER, )
Defendant ) IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow, Jennifer Heller, Defendant, to proceed in forma pauperis.
I, Samuel L. Andes, attorney for the party proceeding in forma pauperis, certify that I
believe the parry is unable to pay the costs and that I am providing free legal services to the
party.
Samuel L. Andes, Esquir
Attorney for Defendant 1 (04, 25 �3
Supreme Court, ID # 17225
525 North 12r' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
7
I
BRIAN HELLER, :IN THE COURT OF COMMON PLEAS
PLAINTIFF :CUMBERLAND COUNTY,
:PENNSYLVANIA
S
CM
VS. :NO: 08-6327 CIVIL TERM rn Q A
r'rlF
JENNIFER HELLER, 8C�
DEFENDANT
-rl
NOTICE OF APPEARANCE
Please accept this notice of my appearance on behalf of the Plaintiff, Brian
Heller, in reference to the above captioned matter.
William M. Shreve
Attorney for Defendant
Supreme Court ID # 82337
(717) 234-6001
3618 North Sixth Street
P.O. Box 5292
Harrisburg, PA 17110
'r
BRIAN HELLER, �:IN THE COURT OF COMMON PLEAS
PLAINTIFF :CUMBERLAND COUNTY,
:PENNSYLVANIA
vs. :NO: 08-6327 CIVIL TERM
JENNIFER HELLER,
DEFENDANT
CERTIFICATE OF SERVICE
AND NOW, this �---a�day of May, 2013, I, William M. Shreve,
Esquire, hereby certify that I have or will serve the within Notice of Appearance
upon the persons and in the manner indicated below:
Service by First Class Mail:
Samuel L. Andes, Esquire
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043
William M. Shreve
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENN LVANk
-u3 ZZ —�
M CM c....
V. No. 08-6327 CIVIL ACTION L�r �-= rrrtr_
Zn r ;
JENNIFER HELLER, IN CUSTODY rte- --g
Defendant Q� ��l
A �f i
Prior Judge: M. L. Ebert, Jr., J. r -
ORDER OF COURT
-lh
AND NOW this day of July 2013, 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. Legal Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller,born 11/09/2005. 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 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 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. Both parents shall notify and consult with
each other in regard to Zachary's activities.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody on each of her two days off per week. If Mother
works 8 am to 5 pm and has the following day off, the parents shall exchange
custody at 7:00 pm the day she works and have custody until 7:00 pm the days
she has off. In the event Mother works 1:00 pm until 10:00 pm and has the
following day off, the parents shall exchange custody at 8:00 am (if the parties
cannot agree on another time) the day she has off until 8:00 am (or 7:30 am if
she is working the 8 am-5 pm shift) the following day. It is understood that the
above custodial exchange times may need to be adjusted during the school year
to ensure that Zachary gets to school on time.
b. Mother shall also be entitled to spend some time in the evenings with Zachary
by agreement of the parties.
C. Mother shall give Father at least ten (10) days advance notice of her work
schedule by text. If Mother does not give Father adequate advance notice of
Mother's days off,Father has the option to refuse Mother's requested custodial
period.
d. Mother shall make all reasonable efforts through her employer to establish two
__set days off per week and if this is accomplished, Mother shall promptly notify
Father of same.
i
e. Absent agreement otherwise, the parties shall meet at the Flying J to exchange
custody at the designated times.
f. Within reason, each parent shall ensure that Zachary attends his scheduled
extracurricular activities when Zachary is in their respective custody.
g. The parties may alter and/or expand this custodial arrangement by agreement as
necessary and proper in the Child's best interest.
4. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the
absence of agreement, the parents shall adhere to the holiday schedule as attached.
6. 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.
7. Vacation: Commencing summer 2014, each parent shall have up to two consecutive weeks
(approximately 10-14 days) of vacation with the Child per summer. 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 expand this vacation time by mutual agreement.
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 are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-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.
10. 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:
,,-<muel Andes, Esquire
,,,William Shreve,Esquire
_,46hn J. Mangan, Esquire
TIMES EVEN ODD
HOLIDAYS AND YEARS YEARS
SPECIAL DAYS
Easter Day I"Half From 9 am until 3 pm Father Mother
Easter Day 2""Half From 3 pm until 9 pin Mother Father'
Memorial Day From 9 am until 9 pm Mother Father
Independence Day From 9 am until 9 pm Father Mother
Labor Day From 9 am until 9 pm Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving I" From 8 am Thanksgiving Day to 2 Father Mother
Half prn on Thanksgiving Day
From 2 pm on Thanksgiving Day to Mother
Thanksgiving 2° Father
half noon the day after Thanksgiving Day
Christmas 1'Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2" Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
I"(with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 9 pm Mother Mother
Father's Day From 9 am until 9 prn Father Father
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6327 CIVIL ACTION LAW
JENNIFER HELLER, IN CUSTODY
Defendant
Prior Judge: M. L. Ebert, Jr.,J.
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
Zachary W. Heller 11/09/2005 Primary Father
2. A Conciliation Conference was held with regard to this matter on March 12, 2009, an
Order issued March 17, 2009, a status update conference was held May 18, 2009, an
Order issued May 27, 2009, a conference was held April 15, 2011, an Order issued May
19, 2011 and a conference was held June 25, 2013 with the following individuals in
attendance:
The Mother, Jennifer Heller, with her counsel, Samuel Andes, Esq.
The Father, Brian Heller, with his counsel, Sean Quinlan, Esq., standing in for William
Shreve,Esq.
3. The undersigned recommends and parties agreed to the entry of an Order in the form as
attached. Father requests a set schedule for Mother to see their son so that the parties
can plan their respective schedules accordingly. Father indicates that he does not get
advance notice of Mother's days off. Mother indicates that with her line of work(retail)
it is impossible at this point to determine which days she will haveoff. However,
Mother agreed to provide Father her work schedule as soon as she receives it and will
promptly inform Father of her upcoming days off.
Date Jo V J.)dangan, Esquire
Cistody Conciliator
JOHN F. KING LAW, P.C.
John F. King, Esquire
ID #61919
4076 Market Street
Camp Hill, PA 17011
717-695-2222 / 71.7-695-2207 FAX
r1LED-OFFICE
LT THE PROTHONOTARY
2014 OCT 28 Ati 9: 01+
CUMBERLAND COUNTY
Attorne}E'Pi�n�Y
BRIAN HELLER, : IN THE COURT OF COMMON PLEAS
v.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-6327
JENNIFER HELLER, : CIVIL ACTION - LAW
Defendant : CUSTODY/VISITATION
PREVIOUS CONCILIATOR: John J. Mangan, Esq.
PREVIOUS JUDGE: Hon. M. L. Ebert, Jr.
DEFENDANT'S PETITION FOR MODIFICATION OF A
CUSTODY ORDER
1. The Petitioner is Jennifer Heller, Defendant in the above -captioned action, and
Mother of the minor child, Zachary W. Heller (DOB: 11/2005), with a current address of 511
Third Street, Carlisle, PA 17013.
2. The Respondent is Brian Heller, Plaintiff in the above -captioned action, and
Father of the minor children, with a current address of 15 Stevens Road, Camp Hill, PA 17011.
3 The Petition of Defendant respectfully represents that on the 9th day of July,
2013, an Order of Court was entered by the Honorable M. L. Ebert, Jr., for the custody and
visitation of the subject minor child, a true and correct copy of which is attached hereto and
marked as Exhibit "A".
4. This Order should be modified because:
A. Petitioner/Mother's current work schedule does not permit her to give
JF P
Respondent/Father a minimum of ten (10) days advance notice of her work schedule as
required in the July 9, 2013 Order of Court.
B. Respondent/Father has consistently refused Petitioner/Mother's requests for
custodial time.
C. It would be in the best interest of the child to maintain a strong mother/son
relationship.
WHEREFORE, Petitioner/Mother respectfully requests that the Court modify the existing
Order so as to provide additional clearly defined custodial periods for Petitioner/Mother.
Dated:
/Op -77/
Respectfully submitted,
JOHN F. KING LAW, P.C.
1; m F. King, Esquire
#61919
4076 Market Street
Camp Hill, PA 17011
(717) 695-2222
VERIFICATION
I, Jennifer Heller, hereby acknowledge that I am the Defendant in the foregoing action;
that I have read the foregoing Petition for Modification of Custody; and the facts stated therein
are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated: v�i , 02.
From: 10/06/2014 14:21 #860 P.004/007
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNeLi' ANIIA
-p3 w _.1
A2-1
r""-Dr—
ill
JENNIFER HELLER, IN CUSTODY rte— 1°
Defendant v,8 az_
a ¢ ��
Prior Judge: M. L. Ebert, Jr., J. x,, rn
ORDER OF COURT ...f
AND NOW this day of July 2013, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
v. No. 08-6327 CIVIL ACTION L
1. All prior Orders entered in this matter arc hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Brian Heller, and the Mother, Jennifer holler, shall have shared
legal custody of Zachary W. Heller, bom 11/09/2005. 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 his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and infonnation
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, 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
infonnation of reasonable use to the other parent. Both parents shall notify and consult with
each other in regard to Zachary's activities.
3. Physical Custody; Father shill have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody on each of her two days off per week. If Mother
works 8 am to.5 pm and has the following day off, the parents shall exchange
custody at 7:00 pm the day she works and have custody until 7:00 pm the days
she has off. In the event Mother works 1:00 pm until 10:00 pm andhas the
following day off, the parents shall exchange oustody at 8:00 am (if the parties
cannot agree on another time) the day she has off until 8:00 am (or 7:30 am if
she is worldng the 8 am -5 pm shift) the following day. It is understood that the
above custodial exchange tames may need to be adjusted during the school year
to ensure that Zachary gets to school on time.
b. Mother shall also be entitled to spend some time in the evenings with Zachary
by agreement of the parties.
c. Mother shall give Father at least ten (10) days advance notice of her work
schedule by text, If Mother does not give Father adequate advance notice of
Mother's days off; Father has the option te•refuse Mother's requested custodial
period.
d. Mother shall make all reasonable efforts through her employer to establish two
set days off per week and if this is accomplished, Mother shall promptly notify
Father of same.
From:
10/06/2014 14:22 #860 P.005/007
e. Absent agreement otherwise, the parties shall meet at the Flying 1 to exchange
custody at the designated times.
• £ Within reason, each parent shall ensure that Zachary attends his scheduled
extracurricular activities when Zachary is in their respective custody.
g. The parties may alter and/or expandthis custodial arrangement by agreement as
necessary and proper in the Child's best interest.
4. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors, The parents are
. authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary;
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the
absence of agreement, the parents shall adhere to the holiday schedule as attached.
6. , 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 Bee 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.
7. Vacation: Cortunencing summer 2014, each parent shall have up to two consecutive weeks
(approximately 10-14 days) of vacation with the Child per summer.' 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 fait 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 expand this vacation time by mutual agreement.
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 are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non -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.
10. • This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. Ici the absence of mutual consent, the terms of
this Order shall control.
By the Court, .
From:
Di tribution:
amuel Andes, Esquire
.,William Shreve, Esquire
,. J61w J. Mangan, Esquire
Copts F)Z ,` cL
7/9/3
10/0612014 14:23 11860 P.006/007
HOLIDAYS AND
SPECIAL DAYS
TIMES
EVEN
YEARS
ODD
YEARS
Easter Day 1" Half
From 9 am until 3 pmFather
�'
Mother
Easter Day 2"" Half
From 3ym until 9 pm
Mother
Father
Memorial Dax
From 9 am until 9 pm
Mother
Father
Independence Day
From 9 am until 9 pm
Father
Mother
Labor Day
From 9 am until 9 pm .
From one hour before trick or '
treating to one hour after trick or
treating
Mother
Father
Father
Mother
Halloween
Thanksgiving tat
Half
From 8 am Thanksgiving Day to 2
pm on Thanksgiving Day
Father
Mother
Thanksgiving 2"d
half
From 2 pm on Thanksgiving Day to
noon the day after Thanksgiving Day
Mother
Father
Christmas 1" Half
From noon on 12/24 to noon on
12/25
Father
Mother
Christmas 2" d Half '
From noon on 12/25 to noon on
12126
Mother
Father
New Year's
From 6 pm 12/31 until noon January
1°t (with the 12/31 year to control the
even/odd determination)
Mother
Father
Mother's Day
From 9 am until 9 pm
Mother
Mother
Father's Day
From 9 am until 9 pm
Father
Father
FILED-OF0F.
OF THE PROTHONO-TARY
BRIAN HELLER , IN THE COURT OF COMMONTIP-M 28 AM 9: 04
Plaintiff COUNTY, PENNSYLVANIA
v. NO: 08-6327 CUMBERLAND COUNTY
JENNIFER HELLER CIVIL LAW — ACTION PENNSYLVANIA
Defendant IN CUSTODY
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
I, Jennifer Heller, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any
other member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42
PA.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime
in any other jurisdiction, including pending charges:
Check
All That
Apply
Crime
18 PaC.S. Ch 25
(relating to criminal
homicide)
18 PaC.S.§2702
(relating to aggravated
assault)
18 PaC.S. §2706
(relating to terroristic
threats)
18 PaC.S. §2709.1
(relating to stalking)
Self Other Date of Sentence
Household Conviction
Member Guilty Plea, No
Contest Plea or
Pending
Charges
18 PaC.S. §2901 0 0
(relating to kidnapping)
O 18 PaC.S. §2902
(relating to unlawful
restraint)
18 PaC.S. §2903
(relating to false
imprisonment)
O 18 PaC.S. §2706
(relating to terroristic
threats)
O 18 PaC.S. §2910
(relating to luring a child
into a motor vehicle or
structure)
0 18 PaC.S. §3121
(relating to rape)
18 PaC.S. §3122.1
(relating to statutory
sexual assault)
0 18 PaC.S. §3123
(re)ating to involuntary
deviate sexual
intercourse)
18 PaC.S. §3124.1
(relating to sexual
assault)
18 PaC.S. §3125
(relating to aggravated
indecent assault)
O 0
O 0
O 0
O 0
0 0
0
0 0
0 0
0 18 PaC.S. §3126 0 0
Ll
(relating to indecent
assault)
18 PaC.S. §3127
(relating to indecent
exposure)
18 PaC.S. §3129
(relating to sexual
intercourse with animal)
18 PaC.S. §3130
(relating to conduct
relating to sex
offenders)
18 PaC.S. §3301
(relating to arson and
related offenses)
18 PaC.S. §4302
(relating to incest)
18 PaC.S. §4303
(relating to concealing
death of child)
18 PaC.S. §4304
(relating to endangering
welfare of children)
18 PaC.S. §4305
(relating to dealing in
infant children)
0 0
0 0
0 0
0 0
18 PaC.S. §5902(b) 0 0
(relating to prostitution
and related offenses)
0 18 PaC.S. §5903(c) 0 0
or (d)
(relating to obscene and
other sexual materials
and performances)
❑ 18 PaC.S. §6301
(relating to corruption
of minors)
❑ 18 PaC.S. §6312
(relating to sexual abuse
of children)
❑ 18 PaC.S. §6318
(relating to unlawful
contact with minor)
❑ 18 PaC.S. §6320
(relating to sexual
exploitation of children)
❑ 18 PaC.S. §6114
(relating to contempt for
violation of protection
order or agreement)
❑ Driving under the
influence of drugs
or alcohol
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ Manufacture, sale, ❑ ❑
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any
other member of my household have a history of violent or abusive conduct including the
following:
Check Self Other Date
All That Household
Apply Member
A finding of abuse by a
Children & Youth Agency of
similar agency in Pennsylvania
or similar statute in another
jurisdiction
Abusive conduct as defined
under the Protection from Abuse
act in Pennsylvania or similar
statute in another jurisdiction
0 0
0 0
Other: 0 0
3. Please list any evaluation, counseling or other treatment received following
conviction or finding of abuse:
4. If any conviction above applies to a household member, not a party, state that
person's name, date of birth and relationship to the child:
5. If you are aware that the other party or members of the other party's household
has or have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge, information
or belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification of authorities.
Sig
Printed Name
BRIAN HELLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 08-6327
�_
JENNIFER HELLER, : CIVIL ACTION -LAW.r
Defendant : CUSTODY/VISITATION rn a rn:
..,, _,
x
Z r N C<a
PRAECIPE TO PROCEED IN FORMA PAUPERIS A� :z7° __"
ZCa 0) C't1$
To the Prothonotary:
Kindlyallow (i (�e (f ,Defendant in the above -captioned
` M
prof b x -h o
,fttorney for Defendant, certify that I believe the
action, to proceed in forma pauperis.
!<-b'hn F �n
party is unable to pay the costs and that I am providing free legal services to the party.
John F. King, Esquire
ttorney for Defendant
4076 Market Street
Camp Hill, PA 17011
(717) 695-2222/Fax (717) 695-2207
BRIAN HELLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
V.
JENNIFER HELLER
DEFENDANT
CUMBERLAND COUNTY, PENNSYLVANIA
2008-6327 CIVIL ACTION LAWim
=rri
IN CUSTODY ter"
-C£
r�
<t
ORDER OF COURT
--E
, upon consideration of the attached Complaint, it is
AND NOW, Wednesday, October 29, 2014
CD
C-3 � r'
—4 rn
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, December 02, 2014 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT.
By: /s/
John J. Mangan, Jr., Esq.j1p%
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
/0%9,4
BRIAN HELLER,
Plaintiff
v,
JENNIFER HELLER,
Defendant
Prior Judge: M. L. Ebert, Jr., J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-6327 CIVIL ACTION I
IN CUSTODY G',_
ORDER OF COURT
AND NOW this t a ' day of December 2014, 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, Legal Custody: The Father, Brian Heller, and the Mother, Jennifer Heller, shall have shared
legal custody of Zachary W. Heller, born 11/09/2005. 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 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 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. Both parents shall notify and consult with
each other in regard to Zachary's activities.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody on hex alternating weekends off of work from
Saturday 9 am until Sunday 7 pm. If Mother is not working the evening shift on
Friday before her weekend, she shall give Father 7 days notice of this and she
shall have the weekend Friday 7 pm through Sunday 7 pm. It is understood that
Father has concerns about Mother's paramour and that it is expected that
Mother's time with Zachary is with her and Zachary.
b. Mother shall also be entitled to spend some time in the evenings with Zachary
by agreement of the parties.
c. Absent agreement otherwise, the parties shall meet at the Flying J to exchange
custody at the designated times.
Each parent shall ensure that Zachary attends his scheduled extracurricular
activities when Zachary is in their respective custody.
The parties may alter and/or expand this custodial arrangement by agreement as
necessary and proper in the Child's best interest.
e.
4. Contact: The parents are specifically authorized to have physical contact with each other for
the custody exchanges as long as there are no adverse or hostile behaviors. The parents are
authorized to have telephone contact with each other as long as the basis for the contact is in
regard to custodial issues with Zachary. The parents shall communicate not through third
parties, rather through each other about issues that pertain to Zachary's well being.
5. Each parent shall have reasonable telephone contact with Zachary when he is in the other
parent's custody.. At a bare minimum, the non-custodial parent shall have the option to call
Zachary each night for ten minutes before he goes to sleep.
6. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the
absence of agreement, the parents shall adhere to the holiday schedule as attached.
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 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. Vacation: Commencing summer 2014, each parent shall have up to two consecutive weeks
(approximately 10-14 days) of vacation with the Child per summer. 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 expand this vacation time by mutual agreement.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non -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.
11. 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.
D' ribution:
../B • n Heller, 15 Stevens Rd., Camp Hill, PA 17011
ael Gleeson, Esquire, 4076 Market Street, Camp Hill, PA 17011
ohn J. Mangan, Esquire
By the Court,
HOLIDAYS AND
SPECIAL DAYS
TIMES
EVEN
YEARS
ODD
YEARS
Easter Day 1St Half
From 9 am until 3 pm
Father
Mother
Easter Day 2nd Half
From 3 pm until 9 pm
Mother
Father
Memorial Day
From 9 am until 9 pm
Mother
Father
Independence Day
From 9 am until 9 pm
Father
Mother
Labor Day
From 9 am until 9 pm
Mother
Father
Halloween
From one hour before trick or
treating to one hour after trick or
treating
Father
Mother
Thanksgiving 1s1
Half
From 8 am Thanksgiving Day to 2
pm on Thanksgiving Day
Father
Mother
Thanksgiving 2nd
half
From 2 pm on Thanksgiving Day to
noon the day after Thanksgiving Day
Mother
Father
Christmas 1St Half
From noon on 12/24 to noon on
12/25
Father
Mother
Christmas 2nd Half
From noon on 12/25 to noon on
12/26
Mother
Father
New Year's
From 6 pm 12/31 until noon January
1 st (with the 12/31 year to control the
even/odd determination)
Mother
Father
Mother's Day
From 9 am until 9 pm
Mother
Mother
Father's Day
From 9 am until 9 pm
Father
Father
BRIAN HELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
JENNIFER HELLER,
Defendant
Prior Judge: M. L. Ebert, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-6327 CIVIL ACTION LAW
IN CUSTODY
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
Zachary W. Heller 11/09/2005 Primary Father
Currently in the Custody of
2. A Conciliation Conference was held with regard to this matter on March 12, 2009, an
Order issued March 17, 2009, a status update conference was held May 18, 2009, an
Order issued May 27, 2009, a conference was held April 15, 2011, an Order issued May
19, 2011, a conference was held June 25, 2013, an Order issued July 09, 2013 and a
conference was held December 12, 2014 with the following individuals in attendance:
The Mother, Jennifer Heller, with her counsel, Michael Gleeson, Esq.
The Father, Brian Heller, self -represented party
3. The undersigned recommends and parties agreed to the entry of an Order in the form as
attached.
John J M. gan, Esquire
Cust dy onciliator