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HomeMy WebLinkAbout01-0061hummer custody complaint Novemb~:r 30, 2006' tjb ANDREW HUMMER, Plaintiff VS. : SHERA MARIE MILLER, : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW NO. 200~ _ ~,( CIVIL ACTION IN CUSTODY COMPLAINT FOR CUSTODY SAIDIS 1. The Plaintiff is ANDREW HUMMER, residing at 206 a Lincoln Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is SHERA MARIE MILLER, residing at 50 East Barrens Valley Road, Dillsburg, York County, Pennsylvania. 3. The Plaintiff seeks custody of the following child, BREEAHNA GABRIELLE HUMMER, born February 21,2000, who resides with mother, SHERA MARIE MILLER, residing at 50 East Barrens Valley Road, Dillsburg, York County, Pennsylvania. The child was born out of wedlock. The child is presently in the custody of mother, SHERA MARIE MILLER, residing at 50 East Barrens Valley Road, Dillsburg, York County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME Shera Marie Miller David and Shirleen Miller (maternal grandparents) Carrie and Mike Kreeger (maternal aunt and uncle) Raven Berry and Damien Kreeger (cousins) ADDRESS 50 East Barrens Valley Rd. Dillsburg, Pennsylvania FROM/TO Birth to 3/20/00 c:~wp51 \hyde\complaint.cus file #5310-97-01 January 2,2001 C~PA NAME ADDRESS FROM/TO Shere Marie Miller Andrew Hummer 526 Chestnut Street Mt. Holly Springs, Pennsylvania Shere Marie Miller Andrew Hummer 206 A Lincoln Street Carlisle, Pennsylvania Shere Marie Miller 50 East Barrens Valley Rd. David and Shirleen Miller Dillsburg, Pennsylvania (maternal grandparents) Carrie and Mike Kreeger (maternal aunt and uncle) Raven Berry and Damien Kreeger (cousins) 3/20/00 to 7/2000 7/2000 to 11/25/00 11/25/00 to present The mother of the child is SHERA MARIE MILLER, residing at 50 East Barrens ValJey Road, Dillsburg, York County, Pennsylvania. She is not married. The father of the child is ANDREW HUMMER, residing at 206 a Lincoln Street, Carlisle, Cumberland County, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with no other person. 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person(s): David and Shideen Miller (maternal grandparents), Carrie and Mike Kreeger (matemal aunt and uncle), Raven Berry and Damien Kreeger (cousins). c:\wpSl\hyde\complaint.cus file #5310-974} 1 December 5,2000 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 8, The 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The Plaintiff can best provide for the spiritual, physical and emotional needs of child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 c:\wp51\hyde\complaint.cus file #5310-97-01 'December'5,2000 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Andrew Hummer SAIDIS Cat~lgle~ PA C) (L ANDREW HLrMMER PLAINTIFF V. SHERA MARIE MILLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-61 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, this 5th day of January ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 6th day of February ,2001, at 11:00 a.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FORTHECOURT, By: /si 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANDREW ltUMMER, Plaintiff SHERA MARIE MILLER, Defendant CUMBER LAND COUNTY PENNSYLVANIA CIVIL TERM NO.~t~I' IN THE COURT OF CO1VE~ON PLEAS OF CONSENT ORDER PURSUANT TO PA.R.C.P. NO, 1915.7 AND NOW, TO WIT, this ~ ¥" day of ¢,*,,~'~ ,2004, pursuant to the Stipulation and Agreement of the parties, it is hereby ORDERED, ADJUDGED, and DECREED, as follows: 1. The parties are the parents of the following minor children, TO WIT: Nmme Addres~ Birth Date Breeahna Gabrielle Hummer 50 E. Barrens Valley Rd. Dillsburg, PA 17019 February 21, 2000 Chcycnna Mae Hummer 50 E. Barrens Valley Rd. Dillsburg, PA 17019 March 5, 2001 2. "Legal Custody," as that term is defined in the "Pennsylvania Domestic Relations Code", 23 Pa.C.S.A. Section 530l et ~e.q. is to be shared by the part/es. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Children, including educational, medical, and religious decisions. Each party shall notify the other of any medical, dental, optical, and other appointments of the Ch/ldren with health care providers, sufficiently in advance thereof so that the other party can attend. Both parents shall be entitled to equal access to the Children's school, medical, dental, and other important records. As soon as practical after receipt by a party, copies of the Children's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Notw/thstanding that both parents share legal custody, non-major decisions involving the Children's day-m-day living shall be made by the parent then having custody, consistent with the other provisions of this ORDER. 3. "Majority Physical Custody" as that term is defined in the "Pennsylvania Domestic Relations Code", 23 Pa.C.S.A. Section 5301 ~ seq. is to granted to the Mother, Shera Marie Miller. 4. Father, Andrew Hummer, shall have the right to "Partial Physical Custody" and shall exercise that right in the following manner: Every other weekend from Saturday 9:00 A.M. until Monday at 5:00 P.M. Every other holiday, being New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, from 9:00 A.M. to 8:00 P.M. Father's holiday rotation shall begin with New Years Day. During the Christ/nas holiday, in ODD numbered years, Father shall have the Children from Christmas Eve, December 24, from 5:00 P.M. until Christmas Day, December 25, at Noon. This provision shall supercede all other custody schedules. During the Christmas holiday, in EVEN numbered years, Father shall have the Children from Christmas Day, December 25, at Noon until December 26, at 6:00 P.M. This provision shall supercede all other custody schedules. Two weeks during the usual school summer vacation upon 30 days written notice to Mother. Mother shall have two weeks of summer vacation upon 30 days written notice to Father. The first in time to claim weeks shall prevail in the event of a conflict. Mother shall have Mother's Day and Father shall have Father's Day from Noon to 6:00 P.M. This provision shall superced all other custody schedules. At all other times mutually agreed upon by the parties. Neither party shall unreasonably withhold consent regarding this paragraph. 5. Transportation of the children to and from the custodial home shall be by agreement of the parties. 6. Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Children from the other parent, their spouse or relatives, or injure the Children's opinion of the other party or which may hamper the free and natural development of the Children's love and respect for the other parent. The parties shall not use the Children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 7. Each party shall confer w/th the other on all matters of importance relating to the Children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number, within 24 hours of any such change, in order to facilitate communication concerning the welfare of the Children and visitation~ Each party agrees to supply the name, address and phone numbers of any persons in whose care the Children will be on an overnight basis other than w/th related family members, and for each person or entity which may provide day care for the Children Furthermore, each parent shall provide to the other the address and phone number where the Children can be reached in the event either parent takes the Children from the general area for vacations or other family trips. Neither parent shall remove the Children from the Commonwealth of Pennsylvania without notification and consent of the other parent. 8. Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Children at any time, any party then having custody of the Children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a Children to bed for a period in excess of twenty-four (24) hours and/or which requires the Children to go to the doctor. 9. The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Ch/ldren in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 10. The parties are free to modify the terms of this Order, but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the Children and with each other in the event of a disagreement. 11. Parties agree that the Commonwealth of Pennsylvania shall have jurisdiction of this case as long as one of the parents resides in the Commonwealth. IT IS SO ORDERED. BY THE COURT: 0 m ANDREW HUMMER, Plaintiff SHERA MARIE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBER LAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 201-61 PETrr oN TO EN R CONSENT O ER PURSUANT TO PA.ILC. P, NO. 1915.7 AND NOW, TO WIT, this ~'~" day of January, 2004, come the parties, and pray that this Honorable Court enter the attached Order for the following reasons: 1. The Plaintiff is Andrew Hummer, who resides at 415 MeClane Road, P.O. Box 82, Mt. Holly Springs, PA 17065. 2, The Defendant is Shera Marie Mil/er, who resides at 50 E. Barrens Valley Road, Dillsburg, Pa 17019. 3. The Plaintiff and Defendant desire to enter into a custody arrangement of the following children, TO WIT: Nlune Breeahna Gabrielle Hummer 50 E. Barrens Valley Rd. Dillsburg, PA 17019 Birth Date February 21, 2000 Cheyenna Mae Hummer 50 E. Barrens Valley Rd. Dillsburg, PA 17019 March 5, 2001 4. The Plaintiff and the Defendant agree that they are voluntarily entering into this agreement, full know/edge of the consequences, and request this Court to enter the Order accompanying this Stipulation, which Order memorializes the agreement of the part/es. The Plaintiff and the Defendant consent to the entry of this Order without having to appear in open court. 5. This Order is a change in physical custody and is intended to supercede and replace prior Order of the Court in this case dated April 9, 2001. WHEREFORE, the Plaintiff and the Defendant request the Court to enter the attached Order. WITNESS: Andrew Hummer Shera Marie Miller COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK :SS On this, the ir,' ~- day of f/a',~,u~ v/~ ,2004, before me, the undersigned officer, a Notary Public in and for said County and Commonwealth, personally appeared Andrew Hummer, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he bas executed the foregoing Petition to Enter Consent Order for the purposes therein contained. IN WITNESS WHEREOF I have hereunto set my hand and official seal. My Commission Expires: / CO~O~~ OF PE~S~V~ Notary Public SS NOTARIAL SEAL PAUUNE E. DUCKWORTH, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES DECEMBER 3, 2005 Notary Public My Commission Expires: COUNTY OF YORK Onthis, the 6'-)/~ dayof ~/~/t~z~ ,2004, beforeme, theundersigned officer, a Notary Public in and for said Co[mty and C6flamonwealth, personally appeared Shera Marie Miller, known to me, (or sat/sfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she has executed the foregoing Petition to Enter Consent Order for the purposes therein contained. IN WITNESS WHEREOF I have hereunto set my hand and official seal. ANDREW HUMMER, Plaintiff vs. SHERA MARIE MILLER, Defendant IN THE COURT OF COMMCIN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-61 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~ [COW, this day of ~.~./4, x;./~ _~ , 2001, upon consideraticn of the attached Custody Concillatlorf/Report, it is ordered and directed as follows: 1. A Hearing is scheduled in ~C~o~rt Room # ~ , of the Cumberland ,County Court House, on the ~9 day of ~3~'~ , 2001, at ~.~ o'clock, __~_.m., at which time testimony will be taken. For purposes of the Hearing, the Father, Andrew Hummer, 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 o~ 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 ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Father, Andrew Hummer, and the Mother, Shera Marie Miller, shall have shared legal custody of Breeahna Gabrielle H~m~aer, born February 21, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Pending further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: During each week, the Father shall pick up the Child either frc~ the Mother or the maternal grandparents in the morning at a time to be arranged by agreement (with the exception of Monday mornings when the Father already has custody for the weekend) and the Father shall return the Child to the Mother's custody before he goes to work in the afternoo~ at the place and time arranged by agreamant of the parties. The parties shall alternate having custody of the Child on weekends, beginning with the Mother having custody during the first weekend in February 2001. The Father's weekend periods of custody shall run from Saturday morning at 9:00 a.m. through Monday afternoon before the Father goes to work. Unless otherwise agreed between the parties, the parties shall share providing transportation for weekend periods of custody, with the Mother being responsible for arranging transportation of the Child to the Father's residence on Saturday morning. 4. The parties may modify the temporary custody arrangements set forth in this Order by mutual agreement. In the absence of mutual consent, the ter~s of this Order shall control. 5. In the event the parties and counsel agree that an additional Conciliation Conference would be useful in resolving all of the outstanding custody issues by agreement prior to the Hearing, counsel for either party may contact the Conciliator to schedule the additional Conference. BY THE COURT, cc: Carol J. Lindsay, Esquire - Counsel for Father Victor A. Neubaum, Esquire - Counsel for Mother ANDREW HUMMER, Plaintiff vs. SHERA MARIE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-61 CIVIL TERM : : CIVIL ACTION- LAW : IN CUSTODY ~ (~,~ILIATI(2~ S~MAR~ ~ 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: Breeahna C~brielle Htmm~r February 21, 2000 Mother 2. A Conciliatio~ Conference was held o~ January 31, 2001, with the following individuals in attendance: The Father, Andrew Huraner, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Shera Marie Miller, with her counsel, Victor A. Neubaum, Esquire. 3. The Father filed this Petition seeking shared physical custody of the parties' 11 month old Child. The parties separated at the end of November, 2000, at which time the Mother moved, with the Child, to her parents' residence in Dillsburg. The Mother is currently pregnant with the parties' second child, whose birth is expected in March. The parties considered several possible custody arrangements at the Conference but ultimately were not able to agree on an ongoing schedule, even On a trial basis with a subsequent review. Therefore, it will be necessary to schedule a Hearing in this matter. 4. The Father's position on custody is as follows: The Father proposed that the parties share custody of the Child on an alternating weekly basis. The Father indicated that at the time of the filing of this Complaint, both parties worked second shift hours and the Child's daily schedule was adjusted accordingly. Although the Mother has changed her work schedule to a morning to early afternoon time frame, the Father believes the Child would have sufficient time over weekends during the alternating weeks to adjust to the other parent's schedule. Alternatively, the Father believes that the Mother should return to her prior work schedule which would maintain a more regular schedule for the Child if the parties were to share custody on a weekly basis. The Father indicated that prior to the parties' separation, both parties cared for the Child equally. Therefore, the Father does not believe that the Mother's current custody of the Child should be considered the status quo for purposes of resolving the custody issues. The Father expressed concern about the Mother's mental health and her continued ability to provide care for the Child, especially in light of the upcoming birth of the parties' second child. The Father requests that the Court enter an order providing for a shared physical custody schedule on a weekly basis. 5. The Mother's position on custody is as follows: The Mother seeks primary physica/ custody of the Child and proposed that the Father have partial custody on alternating weekends and holidays. The Mother opposed the Father's suggest/on of shared custody. The Mother expressed concern that the Child is too young to adjust to both households on a weekly basis particularly in light of the differing work schedules. The Mother stated that she changed her hours to daytime because the earlier shift, which she prefers, became available at her place of employment. The Mother stated that the Child goes to daycare during her work hours and the Child's maternal grandmother assists in providing transportation. The Mother indicated that she will be leaving her employment for approximately six weeks in early March due to the birth of the parties' second child. The Mother requests that the Court order that she have primary physical custody with an alternating weekend partial custody schedule for the Father due to the Child's young age and need for stability. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter and also providing temporary custody arrangements pending the Hearing. It should be noted that although both parties indicated a willingness to try the recommended arrangement on an interim basis, it is recognized that the transportation arrangements are somewhat burdensome for the Father. There do not appear to be any alternatives to effectuate this particular schedule at this time. It is expected that the Hearing will require at least one-half day. The Conciliator is hopeful that after having followed a set custody schedule for a period of weeks pending the Hearing, the parties may be able to make the necessary adjustments by agreement without the need for the Hearing. One difficulty in this case is that the parties separated very recently. The parties have never tried an established custody schedule which could give them useful experience in making adjustments that may be necessary for the Child's benefit. Dawn S. Sunday, Esqulre Custody Conciliator c:\urpSlShyde\comp]aint.cus file #5310~97-01 March22,2001 ANDREW HUMMER, Plaintiff VS. SHERA MARIE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -z~O0'~/-~, / CIVIL ACTION IN CUSTODY CERTIFICATE OF SERVICE AND now, this 2.~ 'z--- day of ..//C~& , 2001, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, SHERA MARIE MILLER, on January 20, 2001, with the Complaint in Custody by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Shera Marie Miller 50 East Barrens Valley Road Dillsburg, PA 17019 and proof thereof, the signed Return Receipt Card, is attached hereto. ~I)IS ~sle, pA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By iC~i~dsay, Esqui-¢~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 ANDREW HUMMER, Plaintiff VS. SHERA MARIE MILLER,.' Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3000' ~/-6,/ ClVILACTION IN CUSTODY PROOF OF SERVICE · C~mplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · ~ your name and address on the reverse ao that we can return the card to you, · At. ch th~s card to the back of the mailpiece, er ~n the front if space permits. 2. A~cie Number (Copy from sen/t~e/abe/) PS Fom~ 3811, July 1~ D. Is dellvery address dJffem~t fmm ltem l? ~[-~ ¥ee If YE~, ente~ delivenj addmes below: [] No 4. Restricted Delivery? ~--tra r-ee] ~ ANDREW HUMMER, Plaintiff VS. SHERA MARIE MILLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-61 CIVIL CIVIL ACTION - LAW IN RE: CUSTODY ORDER AND NOW, this lq' day of February, 2001, it appearing that the court is unavailable on April 4, 2001, hearing in the above matter is continued to Thursday, April 12, 2001, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Carol J. Lindsay, Esquire For the Plaintiff Victor A. Neubaum, Esquire For the Defendant :tim ANDREW HUMMER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200t -61 CIVIL ACTION IN CUSTODY VSo SHERA MARIE MILLER, Defendant STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are Andrew Hummer, hereinafter Father, of 206 A Linc~n Stfeet/~ -~ ~ ~ -,~ Carlisle, Pennsylvania 17013, and Shera Made Miller, hereinafter Mother, of 50 East Barrens Valley Road, Dillsburg, Pennsylvania. 2. They are the parents of two children, Breeahna Gabrielle Hummer, bom February 21, 2000, and Cheyenna Mae Hummer, born March 5, 2001. 3. The parties shall share legal and physical custody of the children. 4. Father shall exercise custody of the children every week day from approximately 7:45 a.m. till approximately 2:00 p.m. and on alternating weekends from 9:00 a.m. on Saturday until Monday at approximately 2:00 p.m. when Father will drop the children off at Mother's residence pdor to going to work. 5. Father shall transport the children for his weekday custody times, and Mother shall provide the children to the Father on alternating weekends when she shall deliver the children to Father's residence. 6. The parties will share holidays. 7. The parties may modify the temporary custody arrangements set out herein by mutual agreement, but in the absence of mutual agreement, the terms of the Order shall control. 8. The parties wish the terms of this Stipulation to be entered as an Order of Court in lieu of the headng scheduled for April 12, 2001 at 9:30 a.m. In the event that the Stipulation cannot be executed by both parties and forwarded to the Court by April 4, 2001, the parties agree to a general continuance to permit them to complete the formality of obtaining a Court Order. Witness: Andrew Hummer Shera Made Miller 26W~ ~ sm~ Ca~ble~ PA ANDREW HUMMER, V$, SHERA MARIE MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 61 CIVIL ACTION IN CUSTODY ORDER OF COURT AND NOW this ? ~' day of ,~.. ,,,'/ , 200~), upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court,