Loading...
HomeMy WebLinkAbout08-66360 CHRISTINA M. MIERZEJEWSKI, Plaintiff, VS. MARK A. PARKS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7. 6 : CIVIL ACTION - LAW : IN CHILD CUSTODY COMPLAINT IN CHILD CUSTODY AND NOW, comes Plaintiff, Christina M. Mierzejewski, by and through her counsel, Linda A. Clotfelter, who files this Complaint in Child Custody and in support thereof states the following: 1. Plaintiff is Christina M. Mierzejewski, (hereinafter "Mother"), an adult individual who resides at 1371 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Mark J. Parks, Jr., (hereinafter "Father"), an adult individual who resides at 401 S. 14'h Street, Apartment #3, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Mother seeks primary physical custody of the following children: Imam A.M. Parks, born September 6, 2008, age (1) month and Lyric N.M. Parks, born June 3, 2004, age (4) years. The children were born out of wedlock. Imani A.M. Parks is in the custody of Mother and Lyric N.M. Parks is in the custody of Father. Due to deplorable living conditions in Father's home, Mother seeks an expedited conciliation conference. During the past five (5) years, the children have resided with the following persons at the following addresses: WITH WHOM ADDRESS FROM / TO (Imani) Mother, Aunt, 1371 Old Willow Mill Road 8/08 - present Great- Grandmother Mechanicsburg, PA 17050 (Lyric) Pat. Great West Willow Street dates unknown Grandmother Carlisle, PA 17013 (part-time currently) (Lyric) Father and 401 S. 10 Street dates unknown nephew's father(Clayton) Harrisburg, PA 17112 (part-time currently) (Lyric) Father 401 S. 10 Street dates unknown Harrisburg, PA 17112 (Lyric) Mother & 401S.14 Ih Street dates unknown Father Harrisburg, PA 17112 (Lyric) Mother, Father West Willow Street dates unknown Mat. Great-grandmother Carlisle, PA 17013 (Lyric) Mother, Father, Heron Way dates unknown Pat. Great-grandmother and Carlisle, PA 17013 Maternal Uncle (Lyric) Mother, Great- 2525 Fairview Lane dates unknown Grandfather DeGeorge Mt. Penn, PA (Lyric) Mother, Father, Baltimore, MD dates unknown Great Grandmother Marcena and Shanta(Marks sister) And her 2 other children (Lyric) Mother, Father, Heron Way Circle 5/07 to unknown Uncle Jim Phillips Carlisle, PA 17013 (Lyric) Father, cousin J. Apple Court 4/07 to 5/07 Phillips, & Mother Mechanicsburg, PA 17050 (Lyric) Mother, Great 2525 Fairview Avenue dates unknown -Grandfather Mt. Penn, PA (Lyric) Father 5th Street dates unknown Reading, PA (Lyric) Father Penn Street dates unknown Reading, PA (Lyric) Father, Paternal Aunt, Muhlenburg Street dates unknown Cousins Pennsylvania (Lyric) Father, Pat. Great Grandmother (Lyric) Father, Paternal Aunt and Cousins (Lyric) Father, Pat. Great Grandmother Mother, Maternal Grandmother Spring Manor Apartments dates unknown Pennsylvania Perkiomen Avenue dates unknown Reading, PA Concord Apartments dates unknown Sinking Springs, PA 327 Friedensburg Road 6/04 to unknown Mt. Penn, PA The mother of the children is Christina M. Mierzejewski, currently residing at 1371. Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The father of the children is Mark J. Parks, Jr., currently residing at 401 S. 14th Street, Apartment #3, Harrisburg, Dauphin County, Pennsylvania 17112. 4. The relationship of the plaintiff to the Children is that of Mother. The Mother currently resides with her daughter, Imani A.M. Parks, Maternal Grandmother, Mary A. Malick and her Maternal Aunt Bridgette DeGeorge 5. The relationship of the defendant to the Children is that of Father. The Father currently resides with his daughter Lyric N.M. Parks and another adult male, Clayton, who is Father's nephew's father. 6. Mother has participated in other litigation concerning the custody of one of the children in another Court. On September 19, 2006, the Honorable Judge Scott D. Keller, Berks County Court of Common Pleas, issued an Order docketed to No. 04-10387 #2 awarding the parties shared legal custody of Lyric N.M. Parks with primary physical custody to Father and supervised visitation to Mother. This is the initial custody filing regarding the Child, Imani A.M. Parks. Mother has no information of a custody proceeding concerning the Child pending in the Court of this Commonwealth or other state except for the one listed above. Mother knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the Children would be served by granting Mother primary physical custody of the children for the following reasons: a. Mother is now able to provide her Children with the complete daily care that they need in a loving and stable home environment that includes the support structure of her family. b. Mother's contact with her daughter Lyric N.M. Parks has been limited due to the entry of an outdated Order of Court. There has been a significant change in circumstances since the entry of that Order and given the fact that Mother and Imani are in Cumberland County; Lyric has been staying with relatives in Cumberland County, and Father and Lyric recently resided in Cumberland County. Mother is initiating this action to have one Court entry unified order that is in the best interest of the Children. C. Mother currently resides in a very stable, rural home environment where the Children are provided with exceptional housing and a yard in which they can play while Father resides in a cockroach infested apartment in the city with another male. d. Father's life has been transitory as he has relocated six (6) times since 2007 and many, many times since Lyric was born. e. Father is unable to provide a suitable home for the Children and that his furniture is extremely limited to one bed, although Father, Clayton, and Lyric reside there. When Mother was living there somewhat recently, she had to sleep on an air mattress and there were no significant pieces of furniture in the household other than the one bed. f. Father does not keep adequate food within the household. Thus, with the cockroach infestation as stated above, the disrepair and the lack of necessities, Mother believes that the home is unsafe and unsanitary. g. Approximately one month ago Father demanded that Mother and their daughter remove themselves from his residence without any regard for their well-being. Mother was 8 months pregnant at the time. h. Father has a significant criminal history which includes the following: i. Possession of marijuana, simple assault, harassment/strike, shove, kick, etc. aggravated assault, manufacture, possession with intent to manufacture or deliver possession of controlled substance, use and possession of drug paraphernalia, resisting arrest, marijuana - small amount personal use, criminal attempt - escape, possession of marijuana, manufacture, possession with intent to manufacture or deliver, disorderly conduct engage in fighting, criminal mischief - tamper with property, manufacture, possession with intent to manufacture or deliver, possession of controlled substance (several incidents), theft from a motor vehicle, theft by unlawful taking movable property, receiving stolen property, possession instrument of crime with intent, loitering and prowling at night, simple assault, harassment/ strike, shove, kick, etc., aggravated assault, marijuana - small amount personal. ii. Due to his crimes Father will be unable to legally operate an automobile until 2009 and as such he cannot provide the Children with adequate transportation. Mother need only pay the necessary fee to get her license restored. iii. Due to Father's repeated crimes for drugs, Mother seeks to have him undergo regular drug tests. Mother acknowledges that she has been arrested for retail theft, underage drinking, and some incidents involving drugs, however, Mother, with the support of her family, is taking all steps necessary to remain drug-free in a positive and healthy environment where she can nurture and care for her children. 8. Each parent whose parental rights have not been terminated and the person who has physical custody to the Children have been named as parties to this action. WHEREFORE, Mother respectfully requests that this honorable Court grant the parties shared legal custody and primary physical custody of the Children to Mother with supervised visitation to Father and granting such other relief as this Court deems just and proper. Respectfully submitted, Date: LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A omey ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff CHRISTINA M. MIERZEJEWSKI, Plaintiff, VS. MARK A. PARKS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN CHILD CUSTODY VERIFICATION I, CHRISTINA M. MIERZEJEWSKI, verify that the statements in the foregoing COMPLAINT IN CHILD CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. J Date: CHRISTINA M.MIERZEJEWSKI, endant f - Y ? p ? ` rt .13 CHRISTINA M. MIERZEJEWSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6636 CIVIL ACTION LAW MARK A. PARKS, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 17, 2008 at 11:30 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/ Dawn S. Sunda Es q. 012 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 VINI V AMNN3d ? S : ! Wd ? i AO Z hr "ll MltlojNoH,1,odd 3HL JO 30H "31H DEC ss M? CHRISTINA M. MIERZEJEWSKI Plaintiff vs. MARK A. PARKS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6636 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT A AND NOW, this day of bo? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing i s heduled in Courtroom No e Cumberland County Courthouse on the day of , 2009,which time testimony will be taken. For purposes of the hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Pending the hearing and further Order of Court, the parties shall have shared legal custody of Lyric N.M. Parks, born June 3, 2004, and Imani A.M. Parks, born September 6, 2008 and the parties shall have physical custody of the Children in accordance with the following schedu A. The Father shall have primary physical custody of Lyric and the Mother shall have primary physical custody of Imani. B. The Mother shall have partial physical custody of Lyric on alternating weekends beginning December 19, 2008 from Friday at 3:00 p.m. when the Mother shall pick up the Child at daycare until Sunday at 5:00 p.m. when the Mother shall transport the Child to the Father's residence. In addition, the Mother shall have partial custody of Lyric every week from Tuesday, when the Mother shall pick up the Child at daycare at 10:00 a.m. and return the Child to daycare on Wednesday in the morning, or at least by 3:00 p.m. and from Thursday, when the Mother shall pick up the Child at daycare at 10:00 a.m. and return the Child to daycare on Friday morning or at least by 3:00 p.m. on Fridays immediately preceding the Father's weekend periods of custody. The Mother shall return Lyric to daycare in the morning on Fridays immediately preceding the Mother's weekend periods of custody so that the Child can spend time participating in daycare activities before the Mother picks her up at 3:00 for the weekend. C. The Father shall have partial physical custody of Imani on alternating weekends from Friday between 4:00 and 5:00 p.m., when the Father shall pick up the Child at the Mother's residence, until Sunday at 5:00 p.m. when the Mother shall pick up the Child at the Father's residence. When picking up the Child, the Father shall remain in the car while the Mother brings the Child to the Father. D. The alternating weekend periods of custody shall be arranged so that the Children are together every weekend. 3. The parties shall share having custody of the Children over the Christmas holiday in 2008 as follows: The Mother shall pick up Lyric from the Father's residence at 7:00 p.m. on December 22 and have custody of both Children through Christmas Day at 8:00 p.m., when the Mother shall transport the Children to the Father's residence. The Father shall have custody of both Children from Christmas Day at 8:00 p.m. through the end of his alternating weekend period of custody on Sunday at 5:00, when the Mother shall pick up Imani at the Father's residence. 4. Neither party shall remove either Child from Pennsylvania without advance notice to the other parent. 5. Counsel for either party may contact the conciliator to schedule an additional custody conciliation conference prior to the hearing if the parties agree that it would be possible to resolve the outstanding issues without the necessity of the hearing. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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. BYrHE COURT, J. cc: chael O. Palermo, Esquire - Counsel for Father ? Linda A. Clotfelter, Esquire - Counsel for Mother (2Op l i.s en a,. L t ?t??oq l, MI. 00 .C !`d 9- NVP 60OZ CHRISTINA M. MIERZEJEWSKI Plaintiff vs. MARK A. PARKS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6636 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Imani A.M. Parks Lyric N.M. Parks DATE OF BIRTH September 6, 2008 June 3, 2004 CURRENTLY IN CUSTODY OF Mother Father 2. A custody conciliation conference was held on December 17, 2008, with the following individuals in attendance: the Mother, Christina M. Mierzejewski with her counsel, Linda A. Clotfelter, Esquire and the Father, Mark A. Parks, Jr., with his counsel, Michael O. Palermo, Esquire. 3. The Mother filed this Complaint for Custody seeking primary physical custody of Imani Parks, born in September 2008 for whom no prior Order has been entered, and also the parties' older daughter, Lyric Parks, who is the subject of prior litigation in Berks County in 2006. Neither party has resided in Berks County since that time, the Mother has resided in Cumberland County for a substantial period, and the parties agree that custody matters for both Children should be resolved in a single proceeding in Cumberland County. 4. The September 19, 2006 Order entered by the Berks County Court of Common Pleas concerning the parties' daughter, Lyric, provided for the Father to have primary physical custody of the Child and for the Mother to have supervised periods of custody in accordance with the recommendations of Children and Youth Services which was involved at the time. 5. The parties were unable to reach an agreement and it will be necessary to schedule a hearing. 6. The Mother's position on custody is as follows: The Mother believes that she should have primary physical custody of both Children for several reasons. The Mother indicated that she is not working at the present time so that she can be home and available to provide care for the Children during the day. The Mother noted a significant change in her circumstances since the date of the prior Order in that now she is in a positive, drug-free environment. On the other hand, the Mother expressed concerns about the physical condition of the Father's residence. She indicated that the Father has moved six times since 2007. The Mother believes that Lyric should attend a pre-school program which is offered by the Cumberland Valley School District beginning in January. 7. The Father's position on custody is as follows: The Father believes that he should continue to have primary physical custody of Lyric, for whom he alleges he has provided the primary care since she was less than a year old. The Father does not believe the Mother can adequately provide care for the Children at this time without relying heavily on the assistance of family members. The Father noted that he has been the parent who has made the actual arrangements for Lyric's daycare in Camp Hill. The Father intends to enroll Lyric in the Scott School in Harrisburg and indicated that she is next on the waiting list for the first available opening. The Father lives in Harrisburg, works in Camp Hill and has the Child enrolled in daycare in Camp Hill. The Father stated that the pre-school program in Harrisburg would be within walking distance of his residence, which is important because the Father does not have a driver's license at this time. The Father seeks to retain primary physical custody of Lyric and to have substantial periods of custody with Imani. 8. The parties were able to agree generally on a temporary custodial arrangement for both Children pending with the only unresolved temporary issue being whether the Mother's Tuesday and Thursday periods of custody with Lyric would extend until 7:00 in the evening or continue overnight until daycare the next morning. The proposed Order reflects the conciliator's recommendation that the weekday periods of custody include the overnights pending the hearing and determination by the Court. 9. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter on both the issue of an ongoing custodial arrangement and selection of a pre-school for Lyric. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTINA M. MIERZEJEWSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-6636 CIVIL TERM V. : CIVIL ACTION - LAW MARK A. PARKS, JR., : THE HONORABLE EDWARD E. GUIDO Defendant : IN CUSTODY MOTION TO CANCEL CUSTODY HEARING AND NOW, comes Mark A. Parks, Jr., by and through his counsel, Vincent M. Monfredo, Esquire and in support of his Motion to Cancel Custody Hearing avers as follows: 1. There is a Custody Hearing scheduled for February 5, 2009, at 1:00 p.m. 2. By Order of Court dated December 24, 2008, the parties were granted permission to schedule conciliation instead of having a hearing on the matter. 3. The parties have reached an agreement to reschedule conciliation on the matter. 4. Opposing counsel, Linda A. Clotfelter has been contacted and she concurs with canceling the custody hearing. WHEREFORE, your petitioner respectfully requests that this Honorable Court cancel the Custody Hearing scheduled for February 5, 2009. Date: 30 o Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant CHRISTINA M. MIERZEJEWSKI, Plaintiff V. MARK A. PARKS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-6636 CIVIL TERM CIVIL ACTION - LAW THE HONORABLE EDWARD E. GUIDO IN CUSTODY CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion to Cancel Custody Hearing upon the following by first class mail postage paid at Carlisle, Pennsylvania addressed as follows: Date: -IAPD? Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant h,j C:, H.? s CHRISTINA M. MIERZEJEWSKI, Plaintiff v. MARK A. PARKS, JR., Defendant F?( (? Z &44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-6636 CIVIL TERM CIVIL ACTION - LAW THE HONORABLE EDWARD E. GUIDO IN CUSTODY ORDER OF COURT AND NOW, this Z day of F? "'rh , 2009, upon consideration of the within Motion scheduled for February 5, 2009, is hereby By the Court: Distribution: ? Vincent M. Monfredo, Esquire .,Xinda A. Clotfelter, Esquire ,14A. .V CAP m4d A A4m;Alo I `?F Oe-5 t?na c L?-, c =z7 R!1 the hearing ct'? 0-? J. H ci j 0- tY1lVVAIVS11}k3d, i i NJ )"r Z i .C Wd ' - 833 600Z &ViQNOHiC6d 3Hi D?-4,0-0314 ..r CHRISTINA M. MIERZEJEWSKI Plaintiff vs. MARK A. PARKS, JR. Defendant HAR 1 a 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6636 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I 1 day of P?WAA- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated December 24, 2008 is vacated and replaced with this 2. The Mother, Christina M. Mierzejewski, and the Father, Mark A. Parks, Jr., shall have shared legal custody of Lyric Parks, born June 3, 2004, and Imani Parks born September 6, 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Children's best interests. Neither party shall impair the other party's rights to shared legal custody of the Children Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have physical custody of Lyric on alternating weekends from Friday at 3:00 p.m., when the Mother shall pick up the Child at daycare until Sunday at 5:00 p.m. when the Mother shall transport the Child to the Father's residence. In addition, the Mother shall have custody of Lyric every week from Tuesday, when the Mother shall pick up the Child at school until Wednesday morning when the Mother shall return Lyric to school, and from Thursday, when the Mother shall pick up Lyric after school, until Friday morning when the Mother shall return the Child to school. The Mother shall be responsible to ensure that Lyric is transported to school on the 3 ..r Wednesday and Friday school days following the Mother's overnight periods of custody. The Father shall have custody of Lyric at all times not otherwise specified for the Mother in this provision. B. The Father shall have physical custody of Imani on alternating weekends from Friday between 4:00 and 5:00 p.m., when the Father shall pick up the Child at the Mother's residence, until Sunday at 5:00 p.m. when the Mother shall pick up the Child at the Father's residence. When picking up the Child, the Father shall remain in the car while the Mother brings the Child to the Father. The Mother shall have custody of Imani at all times not otherwise specified for the Father in this provision. The parties shall cooperate in scheduling additional periods of custody for the Father with Imani during the week when the Father is available. C. The parties shall coordinate their respective weekend periods of custody so that the Children are together every weekend. 3. In the event either party intends to relocate his or her residence, that party shall provide at least 60 days advance notice to the other parent to enable the parties to adjust the custodial schedule by agreement or to resolve any custody schedule disputes which may arise as a result of the relocation through the legal process. Neither party shall relocate either Child without the express written consent of the other parent or a Court Order authorizing the relocation. 4. Neither party shall remove either Child from the Commonwealth of Pennsylvania for an overnight period or longer during his or her period of custody without providing advance notice to the other party of the address and telephone number where the Child or Children can be contacted. 5. The parties shall cooperate in amending Imani's birth certificate to include the Father's name within two (2) weeks of the date of the custody conciliation conference. 6. The parties shall share or alternate having custody of the Children on major holidays as arranged by agreement. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edward E. Guido J. cc: Vnda A. Clotfelter, Esquire - Counsel for Mother /Lee Oesterling, Esquire - Counsel for Father . c6pt-f.S? mZd cL 3f? ??oq no 91 :c j L t avw 60oz Ably Gil4C,H s WJ 3,LU jo 3o -l'a-( lij s' , r CHRISTINA M. MIERZEJEWSKI Plaintiff VS. MARK A. PARKS, JR. Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6636 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Imani A.M. Parks September 6, 2008 Mother Lyric N.M. Parks June 3, 2004 Father 2. A custody conciliation conference was held on March 5, 2009, with the following individuals in attendance: the Mother, Christina M. Mierzejewski with her counsel, Linda A. Clotfelter, Esquire and the Father, Mark A. Parks, Jr., with his counsel, Lee Oesterling, Esquire. 3. The parties agreed to entry of an Order in the form as attached. f /1ri.?w?? ?, d6uq f Date Dawn S. Sunday, Esquire Custody Conciliator