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HomeMy WebLinkAbout09-0283JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff BRUCE E. GESSNER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No ?4 - cK MALLORY F. SHERMAN, CIVIL ACTION - AT LAW Defendant CUSTODY COMPLAINT IN CUSTODY (2-1 U., L 6 W'2-'0' l AND NOW, comes Plaintiff, Bruce E. Gessner, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Bruce E. Gessner, is an adult individual currently residing at 466 Scotch Pine Road, Dillsburg, York County, Pennsylvania, 17019. 2. Defendant, Mallory F. Sherman, is an adult individual currently residing at 32 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There is one (1) dependent child from this marriage, namely Jake N. Sherman, born February 19, 2005. 4. The parties were never married to one another. The child was born out of wedlock. 5. The child is currently in the custody of Defendant, Mallory F. Sherman, at 32 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. Since birth, the child has resided at 32 Central Boulevard, Camp Hill, Cumberland 1 County, Pennsylvania, 17011, with the following individuals: Mallory F. Sherman (Defendant), Theresa Sherman (Defendant's mother), Kingsley Sherman (Defendant's father), Miles Sherman (Defendant's brother), and Frank Sherman (Defendant's brother). 7. Plaintiff is the natural father of the child and he currently resides at 466 Scotch Pine Road, Dillsburg, York County, Pennsylvania, 17019. Plaintiff resides with the following individuals: Amy Knudsen (Plaintiff s girlfriend), Dakota Gessner (Plaintiff s child with Amy, born May 9, 2008), Tammy Gessner (Plaintiff' other), Sarah Gessner (Plaintiff s sister), and Kenneth Wesley (Sarah's boyfriend). 8. Defendant is the natural mother of the child and she currently resides at 32 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania, 17011, with the following individuals: Mallory F. Sherman (Defendant), Theresa Sherman (Defendant's mother), Kingsley Sherman (Defendant's father), Miles Sherman (Defendant's brother), and Frank Sherman (Defendant's brother). 9. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. 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. 12. The best interest and permanent welfare of the child will be served by granting shared legal and physical custody of the child to Plaintiff. 2 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Bruce E. Gessner, respectfully requests this Honorable Court to grant him shared legal and shared physical custody of the parties' son. Respectfully Submitted: Date: ! 101,1;7f By: JEANNE B. COSTOPOULOS, ESQ Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff 3 VERIFICATION I, Bruce E. Gessner, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: /- 2 o - O cf Bruce E. Gessner u . `?" -, ' -?-„-., c_.. _ t7 ? _?. ,?! ?`'> :r° -- V '` .?, -?-; ???.. i ,? '_ ?,, ' ?_ ?' n? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff BRUCE E. GESSNER, Plaintiff vs. MALLORY F. SHERMAN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No OQ ^ ag3 : CIVIL ACTION - AT LAW C?n : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Bruce E. Gessner, Plaintiff, to proceed in forma pauperis. I, Jeanne B. Costopoulos, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Dated: /1--2 By: JEANNE B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ? ?? ?, ° - x-? r?? _ _. s?? -- sv K ?.. ? -? ?y ` _ S . ??, ?? .+c ??? BRUCE E. GESSNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-283 CIVIL ACTION LAW MALLORY F. SHERMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 2t,'2009 , 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, February 25, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunder, Esq. tll? 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 4l out accessible facilities and reasonable accommodations available to disabled individuals having 6usiness'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 4QV a? AiN n t 0 :1 Wd 8Z NVP 6002 1, ' t r ti r ;..?r'..;1 :-IJHl K) BRUCE E. GESSNER Plaintiff V. MALLORY F. SHERMAN, Defendant Dear Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-283 CIVILACTION LAW IN CUSTODY ENTRY OF APPEARANCE Please ENTER the Appearance of Audrey L. Buglione, Esquire on behalf of Defendant, Mallory F. Sherman, in the above captioned matter and designate the address listed below as the place where papers, process and notices may be served. BY. Audrey L. glione, quire Attorney I. No. 206587 4075 Linglestown Road, #207 Harrisburg, PA 17112 Telephone: (717) 798-8529 Counsel for Defendant r.? f;J C MAR 16 2008 BRUCE E. GESSNER Plaintiff VS. MALLORY F. SHERMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-283 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 16 - day of ww,? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Mallory F. Sherman, and the Father, Bruce E. Gessner, shall have shared legal custody of Jake N. Sherman, born February 19, 2005. Major decisions concerning the Child including, but not necessarily limited to, his 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 Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child 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 Mother shall have primary physical custody of the Child. The Father shall have partial physical custody of the Child in accordance with the following gradually expanding schedule: A. To reinitiate contact between the Father and the Child initially, the Father shall have an initial period of contact with the Child on Saturday, March 14, 2009 from 12:00 noon until 3:00 p.m. For the purposes of this period, the Father shall meet the Mother and the Child at the Mother's residence and the Mother may be present during the entire period of custody. On Sunday, March 15, 2009, the Mother shall bring the Child to the Father's residence from 4:30 p.m. until 6:00 p.m., during which period the Mother may be present. B. Phase 1: Beginning on Saturday, March 28, 2009 and continuing through Phase 3, the Father shall have custody of the Child on alternating weekends on both Saturday and Sunday. 1?), During Phase 1, the Father shall meet the Mother and the Child at the Mother's residence on Saturday, March 28 at 12:00 noon and the Father shall spend time with the Child, with the Mother present, until 3:30 p.m. In addition, the Father shall have contact with the Child on Sunday, March 29 from 12:00 noon until 3:30 p.m., with the Mother present, at a location agreed upon between the parties. After the foregoing periods of custody, the Mother shall determine whether the Child is ready to proceed to the expanded Phase 2 schedule beginning on April 11, 2009. If the Child is not ready, as determined by the Mother, the parties shall continue the Phase 1 schedule for two (2) more alternating weekends before beginning Phase 2. C. Phase 2: During Phase 2, on alternating weekends, the Father shall have contact with the Child with both parties present on Saturday from 12:00 noon until 3:30 p.m. for which the Father shall meet the Mother and Child at the Mother's residence. In addition, the Father shall have custody of the Child on Sunday of the same weekend from 4:00 p.m. until 7:30 p.m., for which the Mother shall transport the Child to the Father's residence at the beginning of the custodial period and the Father shall return the Child to the Mother's residence at the end of the period of custody. The parties shall follow the Phase 2 schedule for four (4) alternating weekends, unless the Mother determines that the Child is not ready to proceed to Phase 3 and elects to continue the Phase 2 schedule for an additional four (4) alternating weekends or a total of eight (8) additional weeks. D. Phase 3: For four (4) alternating weekends, the Father shall have custody of the Child, with the Mother present, on Saturday from 12:00 noon until 3:30 p.m., at which time the Father shall retain custody for an overnight period from Saturday at 3:30 until Sunday at 12:00 noon. The Mother may elect to extend the Phase 3 schedule for an additional four (4) alternating weekends if she believes that the Child is not ready to expand the schedule further. E. Phase 4: Upon completion of the Phase 3 custody schedule and continuing thereafter on an ongoing basis, the Father shall have partial custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 12:00 noon. 4. Unless otherwise indicated in this Order, the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. In the event the parties are unable to agree as to the Child's readiness to expand the partial custody schedule to the next phase, beyond the option to extend each phase for an additional cycle as provided above, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to address the issue. 6. The parties shall share having custody of the Child on holidays as follows: A. Christmas/Thanks ivin /Eg aster: The parties shall share having custody over the Christmas, Thanksgiving and Easter holidays as arranged by agreement. B. Independence Day: The Mother shall have custody of the Child on July 40' every year for her family party and fireworks and the Father shall have custody of the Child on July 5 h for a celebration or on another day for the purpose of taking the Child to the fireworks. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 10:00 a.m. until 6:00 p.m. D. Parents' Birthdays: Each parent shall be entitled to have custody of the Child for at least three (3) hours on his or her birthday. E. Child's Birthday: In the event the Child's birthday falls on the Mother's period of custody, the Father shall be entitled to have custody of the Child for at least three (3) hours on the day before or the day after the Child's birthday. In the event the Child's birthday falls on the Father's weekend period of custody, the Mother shall be entitled to have custody of the Child on his birthday from 12:00 noon until 6:00 p.m. F. Halloween Trick or Treat Night: In every year, the Mother shall have custody of the Child for Halloween Trick or Treat Night. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The parties acknowledge that the Mother has scheduled a period of vacation in December 2009 with the Child and agree that in the event the vacation period falls on the Father's weekend period of partial custody, the parties shall cooperate to exchange weekends. 8. The Father's overnight periods of custody shall not begin until the Father has obtained a separate bed for the Child at the Father's residence. 9. The Father shall adhere to the Child's bedtime schedule as set by the Mother, which is currently between 8:30 p.m. and 9:00 p.m. 10. The Mother shall provide to the Father any prescriptions and other medication that the Child will need during periods of custody with the Father and the Father shall ensure that the Child receives the prescribed doses of the medication. 11. Neither party shall smoke in the presence of the Child or in the residence where the Child is staying during periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision. The parties agree that the Father's girlfriend, Amy K., shall not be present during periods of custody which are not taking place at the Father's residence. The Father shall ensure that Amy K. does not have or use the Mother's cell phone number. 12. The parties agree that they shall communicate directly with each other concerning all issues related to the Child. 13. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 14. 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. cc: /T- ,,anne B. Costopoulos, Esquire - Counsel for Father udrey Buglione, Esquire - Counsel for Mother n 1..0?J i ?S rri?L?V I cr ! iJ J3 LL. ?'? KL . E) C.i._ N BRUCE E. GESSNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-283 CIVIL ACTION LAW MALLORY F. SHERMAN Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jake N. Sherman February 19, 2005 Mother 2. A custody conciliation conference was held on March 9, 2009, with the following individuals in attendance: the Father, Bruce E. Gessner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Mallory F. Sherman, with her counsel, Audrey Buglione, Esquire. 3. The parties agreed to entry of an Order in the form as attached. P 6't 6't a- (y, a-Ck)e) Date Dawn S?an-?4 0?? . Sunday, Esquire Custody Conciliator ~r • BRUCE E. GESSNER, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No.2009-283 MALLORY F. SHERMAN, :CIVIL ACTION - AT LAW Defendant :CUSTODY ORDER OF COURT 0 AND NOW, this ` day of Q ~,~,,, , 2010, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. BY THE COURT: Distribution: ./ Je e B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 aiy Catherine Scott, Esq., Harrisburg Law Clinic, 3605 Vartan Way, Harrisburg, PA 17110 ~~'es 7~/~!D ~~ ~~~ L~ C N o ~- J_ .-y < O t 7 '~ ~~~ ~-' `-"+ f7' r: ~.?w .- _ +~a _ ~- .% N ~'> C --~ JUL 2 6 2010 BRUCE E. GESSNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-283 CIVIL ACTION LAW MALLORY F. SHERMAN Defendant IN CUSTODY ORDER AND NOW, this 16th day of July, 2010 ,the conciliator, being advised by Plaintiffls counsel that all custody issues have been resolved by Stipulation between the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator t~ ~ :: c ~ ~ ~, ,~, , -- tv _i7+ ,~ , -,t ~ ~.::. '. ` _ ;~ .. -- BRUCE E. GESSNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF ,-v NO. 2009-283 Mco VS. , -ern CIVIL ACTION LAW"-' MALLORY F. SHERMAN, .w,. `? . =• 3C r__3 _n 7--) CD - C-_ try DEFENDANT IN CUSTODY + 4 -: PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT PURSUANT TO Pa. R.C.P. NO. 1012(c) and (d) AND NOW, comes Petitioner, Mary Catherine Scott, Esq., and Widener Civil Law Clinic, and hereby petitions the Court as follows: 1. Petitioner is counsel for the above-named Defendant, with an address of 3605 Vartan Way, 2nd Floor, Harrisburg, Pennsylvania 17110. 2. Defendant is Mallory F. Sherman, who is currently residing at 621 Range End Road Unit #6, Dillsburg, Pennsylvania 17019. 3. Plaintiff is Bruce E. Gessner who is represented by Jeanne' B. Costopoulos, Esquire. 4. Petitioner represented Defendant at a custody conference November 3, 2009 and then in a Stipulation for an Agreed Order of Custody. 5. Pursuant to Pa. R.C.P. No. 1012, Petitioner may not withdraw as counsel without leave of court unless another attorney is entering their appearance. 6. Petitioner has sent notice to Defendant of Plaintiffs Petition to Modify Custody by letter May 5, 2011 and of this court's order of the custody conference scheduled for Thursday, June 9, 2011 at 3:30 pm. 7. Petitioner has also become aware that Defendant's financial situation precludes Petitioner from continuing to represent her as her income exceeds the indigency criteria established for clinical representation in this office. WHEREFORE, Petitioner respectfully requests this Honorable Court allow her appearance as counsel for Defendant in this matter to be withdrawn. Date: -6 -/.? / `// Mary Cath ne Scott, Sup ising Attorney ID #77581 Widener University School of Law Harrisburg Civil Law Clinic 3605 Vartan Way, 2"d Floor Harrisburg, PA 17110 lawclinichb(cD-mail.widener edu 717-541-0320 Bruce E. Gessner, Plaintiff V. Mallory F. Sherman, Defendant : In the Court of Common Pleas of : Cumberland County, Pennsylvania Docket Number: 2009-283 C-3 Civil Action - Law s : 4>7 ? In Custody ORDER AND NOW, this N C] f • r. I day of i-S!, s , 2011, upon consideration of the foregoing Petition for Leave to Withdraw as Counsel, it is hereby ORDERED that: 1. A Rule is issued upon Respondents to show cause why Petitioner is not entitled to the relief requested in the attached Petition. 2. Said Rule is returnable Z days from service hereof. 3. Service of this Rule shall be performed by Attorney Scott on Plaintiff and Defendant by ordinary first class mail, postage pre-paid, in conformity with PA R. C. P. 440. BY THE COURT: J. --f -? PTl r° -r, FYI _7 _ Distribution: Jeanne B. Costopoulos, Esq. 130 Gettysburg Pike, Ste. C. Mechanicsburg PA 17055-5653 Mary Catherine Scott, Esq., Harrisburg Civil Law Clinic, 3605 Vartan Way, Harrisburg PA 17110 ? Mallory F. Sherman, 621 Range End Road, Unit #6, Dillsburg PA 17019 Mailed C°p4p ?u I Ipl? 4 BRUCE E. GESSNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF t NO. 2009-283 -3 q VS. r7j r- CIVIL ACTION LAW ' CD ? r ,z 7 - " MALLORY F. SHERMAN, 5 - ` C? n CD (Drri DEFENDANT IN CUSTODY k f? PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT PURSUANT TO Pa. R.C.P. NO. 1012(c) and (d) AND NOW, comes Petitioner, Mary Catherine Scott, Esq., and Widener Civil Law Clinic, and hereby petitions the Court as follows: 1. Petitioner is counsel for the above-named Defendant, with an address of 3605 Vartan Way, 2nd Floor, Harrisburg, Pennsylvania 17110. 2. Defendant is Mallory F. Sherman, who is currently residing at 621 Range End Road Unit #6, Dillsburg, Pennsylvania 17019. 3. Plaintiff is Bruce E. Gessner who is represented by Jeanne' B. Costopoulos, Esquire. 4. Petitioner represented Defendant at a custody conference November 3, 2009 and then in a Stipulation for an Agreed Order of Custody. 5. Pursuant to Pa. R.C.P. No. 1012, Petitioner may not withdraw as counsel without leave of court unless another attorney is entering their appearance. 6. Petitioner has sent notice to Defendant of Plaintiffs Petition to Modify Custody by letter May 5, 2011 and of this court's order of the custody conference scheduled for Thursday, June 9, 2011 at 3:30 pm. 7. Petitioner has also become aware that Defendant's financial situation precludes Petitioner from continuing to represent her as her income exceeds the indigency criteria established for clinical representation in this office. WHEREFORE, Petitioner respectfully requests this Honorable Court allow her appearance as counsel for Defendant in this matter to be withdrawn. Date: -5-1-31111 Nz-4 / d. l Mary Cathone Scott, Supw'Gising Attorney I D #77581 Widener University School of Law Harrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17110 Iawclinichb(o)-mail.widener.edu 717-541-0320 BRUCE E. GESSNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-283 CIVIL ACTION LAW MALLORY F. SHERMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this L ' day of Q" , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 9, 2009 and July 1, 2010, are vacated and replaced with this Order. 2. The Father, Bruce E. Gessner, and the Mother, Mallory F. Sherman, shall have shared legal custody of Jake N. Sherman, born February 19, 2005. Major decisions concerning the Child including, but not necessarily limited to, his 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 Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child 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. 3. On a trial basis, pending the follow-up custody conciliation conference scheduled in this Order, beginning on Friday, July 1, 2011, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place every Friday at a time to be arranged by agreement. The alternating weekly schedule shall begin with the Mother having custody on July 1. 4. Throughout the summer school break, the parties agree that the Child shall continue to attend the Camp Glacier Summer Camp and shall each pay for camp during his or her respective custodial weeks. 5. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on August 4, 2011 at 4:00 p.m. for the purpose of reviewing the trial shared physical custody schedule and determining whether it is in the Child's best interests to continue the shared schedule into the school year. Pending agreement of the parties or further Order of the Court, the existing school year schedule under which the Mother has primary physical custody and the Father has partial physical on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:00 p.m., shall continue in effect. 6. The parties shall share having custody of the Child on holidays as follows: A. Christmas/Thanks ivin Easter: The Father shall have a period of custody with the Child each year on Christmas, Thanksgiving and Easter for at least three hours with the specific times to be arranged by agreement. In even-numbered years, the Father may schedule his period of custody on Thanksgiving to take place over his family Thanksgiving dinner time. B. Independence Day: The Mother shall have custody of the Child on July 4th every year for her family party and fireworks and the Father shall have custody of the Child on July 5th for a celebration or on another day for the purpose of taking the Child to the fireworks. C. Mother's Day/Father's Day_: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 10:00 a.m. until 6:00 p.m. D. Parents' Birthdays: Each parent shall be entitled to have custody of the Child for at least three hours on his or her birthday. E. Child's Birthday: In the event the Child's birthday falls on the Mother's period of custody, the Father shall be entitled to have custody of the Child for at least three hours on the day before or the day after the Child's birthday. In the event the Child's birthday falls on the Father's weekend period of custody, the Mother shall be entitled to have custody of the Child on his birthday from 12:00 noon until 6:00 p.m. F. Halloween Trick or Treat Night: In every year, the Mother shall have custody of the Child for Halloween Trick or Treat Night. G. The Holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The Mother shall provide to the Father any prescriptions and other medication that the Child will need during periods of custody with the Father and the Father shall ensure that the Child receives the prescribed doses of medication. 8. Neither party shall smoke in the presence of the Child or in the residence where the Child is staying during periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision. 9. The parties agree that they shall communicate directly with each other concerning all issues related to the Child. 10. Unless otherwise agreed, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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, -,? "4,4" Kevin . Hess J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Mallory F. Sherman - Mother Cl) IP P! ma ' (?d 7 I ? ro --4 , ? ,, rc ? ca C? a C AC7 C) x-Cl) O ?.c co BRUCE E. GESSNER vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009-283 CIVIL ACTION LAW MALLORY F. SHERMAN Defendant Prior Judge: Kevin A. Hess IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jake N. Sherman DATE OF BIRTH February 19, 2005 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on June 28, 2011, with the following individuals in attendance: the Father, Bruce E. Gessner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Mallory F. Sherman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 9 god Date Dawn S. Sunday, Esqui Custody Conciliator HARRISBURG CIVIL LAW CLINIC WIDENER UNIVERSITY SCHOOL OF LAW 3605 VARTAN WAY, 2ND FLOOR HARRISBURG, PA 17110 (717) 541-0320 BRUCE E. GESSNER, PLAINTIFF VS. ??I lu {?po?ONOtAR' Y ° bl ?`?11,ItJa 13 A? 10? ??? P E?+NS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2009-283 MALLORY F. SHERMAN, CIVIL ACTION LAW DEFENDANT IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, and Mary Catherine Scott, Esquire, and respectfully petitions this Honorable Court as follows: 1. On June 2, 2011, Petitioner filed a Petition of Counsel for Leave to Withdraw Appearance. 2. A Rule to Show Cause was entered on June 7, 2011. (A copy is attached hereto as Exhibit "A") 3. Petitioner served counsel for Respondent, Jeanne B. Costopoulos, Esquire, and Defendant Mallory F. Sherman, with a copy of the Rule to Show Cause on June 13, 2011. (A copy of the Certificate of Service is attached hereto as Exhibit "B".) 4. More than twenty (20) days have passed since counsel for Respondent and Defendant were served with the Rule to Show Cause and both have failed to respond. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order to make the Rule absolute and grant Petitioner's Petition of Counsel for Leave to Withdraw Appearance. DATE: 7 - 1 / - i/ A ? ?; ? ,- ? , "t? Mary Ca ine Scott, E ire ID #77581 : In the Court of Common Pleas of Bruce E. Gessner, : Cumberland County, Pennsylvania Plalnd f Docket Number. 2009-283 V. Civil Action - Law Mallory F. Sherman, Defendant : In Custody AND NOW, this day of ?jbne , 2011, upon consideration of the foregoing Petition for Leave to Withdraw as Counsel, it is hereby ORDERED that: 1. A Rule is issued upon Respondents to show cause why Petitioner is not entitled to the relief requested in the attached Petition. 2. Said Rule is returnable ao days from service hereof. 3. Service of this Rule shall be performed by Attorney Scott on Plaintiff and Defendant by ordinary first class mail, postage pre-paid, in conformity with PA R.C.P. 440. BY THE COURT: ?s 1tP.UGC. ?. NPR J. Distribution: Jeanne B. Costopoulos, Esq. 130 Gettysburg Pike, Ste. C. Mechanicsburg PA 17055-5653 Mary Catherine Scott, Esq., Harrisburg Civil Law Clinic, 3605 Vartan Way, Harrisburg PA 17110 Mallory F. Sherman, 621 Range End Road, Unit #6, Dilisburg PA 17019 HARRISBURG CIVIL LAW CLINIC WIDENER UNIVERSITY SCHOOL OF LAW 3605 VARTAN WAY, 2ND FLOOR HARRISBURG, PA 17110 (717) 541-0320 LAWCLINICHB91MAIL.WIDENER.EDU BRUCE E. GESSNER, PLAINTIFF VS. MALLORY F. SHERMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2009-283 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mary Catherine Scott, Attorney for the Defendant, Mallory F. Sherman, in the above- captioned matter, do hereby certify that I have this day served the Defendant with a true and correct copy of the Rule to Show Cause on her Petition to Withdraw as Counsel, by placing the same in the U.S. Mail, first class, postage prepaid, and addressed as follows: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Ste C Mechanicsburg, PA 17055-5653 Date: _ ' 113111 Mallory F. Sherman 621 Range End Road, Unite #6 Dillsburg, PA 17019 - )*A/- - --#-- q Zij..-'?' Mary Catheri a Cott, Esquir ID # 7758 BRUCE E. GESSNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 2009-283 VS. CIVIL ACTION LAW MALLORY F. SHERMAN, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Motion to Make Rule Absolute proposed Order by regular first-class mail, postage pre-paid; addressed as follows which service satisfied the requirements of Pa.R.Civ.P. 440: Mallory Sherman 621 Range End Road #6 Dillsburg, PA 17oig Date: Jeanne' B. Costopoulos, Esquire 13o Gettysburg Pike, Suite C Mechanicsburg, PA 17o55?-5653 ?- /. r7zz- _? li? Mary therine Scott, S ervising Attorney Widener University School of Law Harrisburg Civil Law Clinic 3605 Vartan Way, Suite 201 Harrisburg, PA 17110 Tel. (717) 541-0320 Iawclinichb()-mail.widener.edu BRUCE E. GESSNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF DOCKET NO. 2009-283 VS. ? zW rte- row, MALLORY F. SHERMAN, CIVIL ACTION LAW co --, c? DEFENDANT IN CUSTODY '-5-n g N rn ORDER AND NOW, this 1 day of ,2011, the Rule entered by this Court on June 7, 2011, is hereby made absolute and therefore, it is ordered and decreed that Petitioner is permitted to withdraw her appearance of record for the Defendant in all matters she has made an appearance. BY THE COURT: J. Distribution: Jeanne Costopoulos, Esq., 130 Gettysburg Pike, Ste. C, Mechanicsburg PA 17055-5653 ? Mary Catherine Scott, Esq., Harrisburg Civil Law Clinic, 3605 Vartan Way, Harrisburg PA 17110 Mallory F. Sherman, 621 Range End Road, Unit #6, Dillsburg PA 17019 C6 pi rs xk cz IPd V /9"A r A?/ L