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HomeMy WebLinkAbout04-2495PAMELA M. HEDRICK, Plaintiff VS. KEITH A. HEDRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: Z2V-,2 9-5-- CtGw! IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 PAMELA M. HEDRICK, Plaintiff vs. KEITH A. HEDRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 04- Q2ygs? IN DIVORCE COMPLAINT UNDER $3301 OF THE DIVORCE CODE 1. Plaintiff is PAMELA M. HEDRICK currently residing at 342 Doubling Gap Road, Newville, County of Cumberland, Pennsylvania. 2. Defendant is KEITH A. HEDRICK currently residing at 342 Doubling Gap Road, Newville, County of Cumberland, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 1, 2001, in Newville, County of Cumberland, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(6) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by §3301(a)(6) of the Divorce Code. COUNT II REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(2) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The Defendant has committed adultery. 13. This action is not collusive as defined by §3301(a)(2) of the Divorce Code. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the parties is irretrievably broken. 16. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) of the Divorce Code. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502, §3503, OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant are the owners of the following real estate in the Commonwealth of Pennsylvania: 342 Doubling Gap Road, Newville, County of Cumberland, Pennsylvania. 19. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors, including the respective incomes of the parties. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. The public policy of the commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 22. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 23. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to §3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: BY: G/? /-, '-. CHARLES E. PETRIE, ESQUIRE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE PAMELA M. HEDRICK I v Npl) N c .- n T ri 4: PAMELA M. HEDRICK, : IN THE COURT OF' COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH A. HEDRICK, NO. 2004-2495 CIVIL TERM Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis L. Long, Prothonotary: Please enter my appearance on behalf of the defendant, KEITH A. HEDRICK, in the above captioned case. Respectfully submitted, IRWIN & By: Marcus McKnigh 60 West omfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: June 16, 2004 PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH A. HEDRICK, NO. 2004-2495 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 IRWIN & By: Marcus A. M5Xnight, ]III, Es 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 16, 2004 ` CJs C 7 -? r` 3:' J1 y; C... `L` ^R r?'11 .,- 'Ct ? 1Q 1, G'' iii-? ? -? _?} FJj rs? _ s l ?1 ? PAMELA M. HEDRICK, Plaintiff Vs. KEITH A. HEDRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 04-2495 CIVIL TERM IN CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE, COUNT I, COUNT II, COUNT III, COUNT IV, and COUNT IV, on behalf of the Defendant, KEITH A. HEDRICK. I certify that I am authorized to do so. Service was made on the 5th day of June, 2004, by U.S. First Class Mail, Postage Prepaid. ATTORNEY FOR DEFENDANT ?, ? r' o ' o n _ - 1 r -T--{ " ` .. *- tai r -o m ? J Y I T_ n . t ,, -' ?_1 rte, .?ti'1 ?? ? ? =t (`J ?,? ? `? PAMELA M. HEDRICK, PlaintifVRespondent V. KEITH A. HEDRICK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-2494 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Petitioner, Keith A. Hedrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Custody. 1. The Petitioner, Keith A. Hedrick, is an adult individual with an address of 170 East South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Pamela M. Hedrick, is an adult individual with an address of 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The Petitioner desires that the parties have shared legal custody of the minor child, Cassandra A. Hedrick. 5. The Petitioner desires primary physical custody of the minor child, Cassandra A,. Hedrick. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Keith A. Hedrick, respectfully requests that he be awarded primary physical custody and shared legal custody of Cassandra A. Hedrick, as provided herein, with periods of temporary physical custody to Respondent as provided herein. Respectfully submitted, IRWIN & McNNIGHT By: Marcus K. McKnfkbVTII, Esquire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 30, 2004 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. KEITH A. HEDRICK Date: June 30, 2004 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. V IrZ3 PAMELA M. HEDRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH A. HEDRICK DEFENDANT 04-2495 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 24, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 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/ Jacqueline M. Verney. Esq, mnc 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 0t .Z ltd 61 -WIF "I" ho- y/-L '04 a-6/?(- ho // -L PAMELA M HEDRICK, Plaintiff V. KEITH A. HEDRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004••2495 CIVIL TERM IN DIVORCE The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I Participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understan d that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: '•' 2004 3;L ? ? KEITH A. HEDRICK PAMELA M HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. • CIVIL ACTION - LAW KEITH A. HEDRICK, 2004-2495 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 2,20041. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June . 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: (/ AjL ?$ ,12004 KEITH A. HEDRICK ` ? C J C:_1 i._l 17 (_) "'{ ? s ?Ii? J -C1iii ??? 'Yfi. a-. ?i 4".l ., ---1 C1 Ir r ?i PAMELA M HEDRICK, Plaintiff V. KEITH A. HEDRICK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004-2495 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: (5? 4e1L.0 -'s. O , 2004 G ys4vo KEITH A. HEDRICK Defendant e?j li C l Ldp Ll - . .. 113 , cs. i_ I CJ DEC 0 7 200 PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2495 CIVIL TERM KEITH A. HEDRICK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7th day of December, 2004, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, kA ?,acqu ine M. Verney, Esquire, Custody onciliator 10 _'`__ 1-1 MARITAL SETTLEMENT AGREEMENT AGREEMENT made this /f ~ day of WOkA. , 2004, by between KEITH A. HEDRICK, hereinafter called "Husband," and PAMELA M. HEDRICK, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times to live separate and apart from the other party at such place or places as be or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shall be free from authority and control, direct or indirect, by the other, as fully as if he or were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the owner of the items of personal property currently in his possession. Wife) shall be the sole owner of the items of personal property currently in her possession. Except as outlined in this paragraph, the parties have heretofore divided) their personalty to their mutual satisfaction, and hereafter each shall own enjoy, independently of any claim or right of the other, all items of property of every kind, which are now owned or held or which may belong or come to him or her, with full power of disposition as if he or shF were unmarried. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall own and enjoy, independently of any claim or right of the other, all tangible or intangible, real, personal or mixed, acquired by him or her, or not marital assets were utilized in the acquisition, since the date of parties' separation, or if not separated, the date of the execution of this Agreement, with full power in him or her to dispose of the same as fully a effectively, in all respects and for all purposes as though he or she were unmarried; and each party hereby waives, releases, renounces and foreve abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 2 7. NO-FAULT DIVORCE - The parties acknowledge that their is irretrievably broken and that they shall secure a mutual consent divorce pursuant to the terms of Section 3301(c) of the Divorce Code in V*ife's Cumberland County divorce action docketed to number 04-2495 Civil filed on June 2, 2004. Upon the signing of this Agreement or upon the p ssage of ninety (90) days from Husband's receipt of Wife's Complaint in Divorce whichever shall last occur, the parties shall execute and file all documen s and papers, including affidavits of consent, so that a divorce decree may be ei tered 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties wn at this time or owned as of the date of separation, and that each party ha the right to have all such property valued by means of appraisals or otherwis . Both parties understand that they have the right to have a court hold hea ing: and make decisions on the matters covered by this Agreement. Both part es understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or best interests, and that the Agreement is not the result of any fraud, undue influence exercised by either party upon the other or by any other is, or 3 person or persons upon either party. Both parties hereby waive the fo procedural rights: a. The right to obtain an inventory and appraisement of and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Ryles of Civil Procedure. e. The right to have the court determine which property is and which is non-marital, and equitably distribute between the parties property which the court determines to be marital, and to set aside to party that property which the court determines to be the parties' non property. f. The right to have the court decide any other rights, privileges, or obligations covered by this Agreement and/or arising out c marital relationship, including but not limited to possible claims for dive child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs expenses. 4 9. PENSION BENEFITS - Husband and Wife agree that each shat execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, 401(k), IRA, or any otl plan or account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of th paragraph. Each party appoints the other as the attorney-in-fact for the purpose of consenting to any election under any plan under the applicat section 417 of the Internal Revenue Code or the applicable section of the Employee Income Security Act of 1974. It is specifically agreed that eact party's rights under their respective retirement plans constitute their ow separate property. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any d bts and obligations arising during the marriage and in accordance therewith my obligation being paid by a party shall continue to be so paid and said par shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsib ity of the party who has incurred or may hereafter incur it, and each agrees to ay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and 5 liabilities. From the date of execution of this Agreement, each party shad use only those credit cards and accounts for which that party is individuallylliable and the parties agree to cooperate in closing any remaining accounts provide for joint liability. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which H his estate may be responsible and she shall indemnify and save Hu or harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmles. from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are owners of real estate known and numbered as 342 Doubling Gap Road, Newville, County of Cumberland, Pennsylvania. Wife shall be the sole ow er of said real estate. Husband shall transfer all of his right, title, and interest n said real estate by deed. Wife further agrees to be fully and solely responsible for payment of debts and expenses associated with the real estate, including but not to 6 the mortgage debt, taxes, insurance, and maintenance. Wife agrees to old Husband harmless from any liability arising out of Wife's failure to pay ny of these expenses. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or pen Ities assessed as a result of any error in the reporting of income and/or in th preparation of any tax return by the other party during the years in whi h they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTAT - Wife does hereby remise, release, quitclaim and forever discharge Husba d and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the mar tal relationship, whether arising out of any former contracts, engagements, r liabilities of Husband, or by way of dower or claim in the nature of dower widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except onl the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as 'I e personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 7 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge ife and her estate of and from any and every claim of any nature and kind what oever, including but not limited to any claim arising out of the marital relation hip, -,vhether arising out of any former contracts, engagements or liabilities o Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or nder the intestate laws, or the right to elect against Wife's will or any other cl ims of an v nature whatsoever, except only the rights accruing to Husband and r this Agreement. Husband hereby waives and renounces any preference or ri ht to claim appointment or to qualify as the personal representative of Wife, o r to administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SEPARATION/ DIVORCE - This agreement is not predicated o divorce. It is specifically understood and agreed by and between the part s hereto, and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated pc nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provi d, however, that nothing contained in this Agreement shall prevent or preclu e either of the parties hereto from commencing, instituting or prosecuting a y action or actions for divorce, whether absolute or otherwise, upon just, leg 1 8 and proper ground, nor to prevent either party from defendant any such action which has been, may or shall be instituted by the other party, or from any just or proper defense thereto, It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation i? made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she forever be estopped from any illegality or unenforceability as to all or any part of this Agreement. 18. EQUITABLE DIVISION OF PROPERTY - By this Agreement, parties have intended to effect an equitable division of their marital This division is not intended by the parties to constitute in any way a salf or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from causes of action, claims, rights or demands whatsoever in law or in equi 9 which either of the parties have, or have ever had, against the other any and all rights under the Pennsylvania Domestic Relations Code, spousal support, alimony, alimony pendente lite, equitable distribution property and counsel fees. 20. BREACH - If either party breaches any provision of this then he or she shall have the right to sue for damages for such breach, 4r seek such other remedy or relief as may be available. Counsel fees and costs )of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to other party within a reasonable time period (presumed to be thirty (30) after such request is made) any and all further instruments including dud(s) or releases which may reasonably be required to give full force and effect1to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being en into voluntarily, and that it is not the result of any duress or undue influ The parties acknowledge that full disclosure has been made and they hay been furnished with all information relating to the financial affairs of the which has been requested and that counsel for each of the parties have 10 reviewed the document, or, in the absence of counsel, the party has or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers,) covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in and executed with the same formality as this Agreement. The failure of party to insist on strict performance of any of the provisions of this Agre shall not be construed as a waiver of any subsequent default for the san or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is to be invalid or unenforceable, all other provisions shall nevertheless in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of his provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27. INTENT OF PARTIES - It is the intention of the parties hereto this Agreement is a complete and final disposition of their property rights not a mere Separation Agreement. 11 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Div( which shall be entered. The parties understand and agree that this Agr shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining ac rights of enforcement and the parties understand that the provisions of Agreement shall not be subject to any modification, unless specifically f for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that for purposes of enforcement of any of the foregoing terms regarding economic claims, in ludin equitable distribution, alimony, alimony pendente lite, spousal support and/or counsel fees, expenses and costs, this action may be transferred pursua It to Pa.R.C.P. Rule 1920.2 to any county in which the plaintiff or the defenda it resides or upon which the parties have agreed. 30. HEADINGS NOT PART OF AGREEMENT - Any headings prec ding the text of the several paragraphs and subparagraphs hereof, are inserte solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EA 1'H PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMEN 12 SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDEIJED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. PAMELA M. HEDRICK KEITH A. HEDRICK 13 COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF DAUPHIN 2? 4- On this, the `? dday of 2004, before me this undersigned officer, personally appeared PAMELA M. HEDRICK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, hand and official seal. -- -: tOe Seal PLO Kelly P. Robobeds rts, Notary PB%tanQ BpTOI V a MWxmer, Pane Assooia" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the 11th day of October, 2004, before me this undersigned officer, personally appeared KEITH A. HEDRICK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Mahe L Noel, Notary Pubic CadWe Boro. Cumberland Cou PAMELA M HEDRICK, Plaintiff V. : IN THE COURT OF COMMON PLI CUMBERLAND COUNTY, PENNSYL CIVIL ACTION - LAW 2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed 2, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 unsworn falsification to authorities. Date: /?. /Q - , 2004 OF June have that to PAMELA M HEDRICK PAMELA M HEDRICK, Plaintiff V. : IN THE COURT OF COMMON PLI CUMBERLAND COUNTY, PENNSYL CIVIL ACTION - LAW 2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by and that a copy of the decree will be sent to me immediately after it is filed Prothonotary. I verify that the statements made in this affidavit are true and correct. I undo false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 unworn falsification to authorities. Date: /?_ /,) - , 2004 OF the that g to PAMELA M. HEDRICK Plaintiff -1 PAMELA M. HEDRICK, Plaintiff VS. KEITH A. HEDRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 04-2495 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: June 5, 2004, by U. First Class Mail, acceptance of service signed by counsel for defendant. 3. Complete either paragraph (a) or (b): (a)(1) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: 12/10/2004; by defendant: 10/15/2004. (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c) of the Divorce Code: by plaintiff: 12/ 10/2004; by defendant: 10/15/2004. (b)(1) Date of execution of the affidavit required by §3301(d) of Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b): the (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in §3301(c) Divorce was with the prothonotary: December 13, 2004. (c) Date defendant's Waiver of Notice in §3301(c) Divorce filed with the prothonotary: October 15, 2004. CHARLES E. PETRIE ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff - N O. 04-2495 Civil T VERSUS KEITH A HEDRICK, Defendant DECREE IN DIVORCE AND NOW, /W. .liter Z Z -706 y IT IS ORDEREI AND DECREED THAT PAMELA M. HEDRICK , PLAINTIFF, AND KEITH A HEDRICK ,DEFENDAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA NOT YET BEEN ENTERED; IT IS FURTHER ORDERED that the parties' Marital ett em nt Agreement dated October 11, 2004, shall be incorporated in o, but not merqed with, this Decree in Divorce. BY THE ?.OURT: ATTE$'F: _ I J. RROTHONotrARY ?J.s/ PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN CUSTODY CUSTODY STIPULATION 7 AND NOW, this 3) day of January, 2005, the parties, KEITH A. HEDRICK and PAMELA M. HEDRICK hereby enter into the following Custody Stipulation and Agreement regarding their minor child, CASSANDRA A. HEDRICK: 1. The Defendant/Father, Keith A. Hedrick, is an adult individual who resides at 604 Philadelphia Avenue, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Plaintiff/Mother, Pamela M. Hedrick, is an adult individual who resides at 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties shall agree to have shared legal custody of the minor child, Cassandra A. Hedrick. 2 5. The Plaintiff/Mother shall inform Defendant/Father of all school and non-school activities of the child and all parent-teacher conferences at least one (1) week in advance of said conference. Plaintiff/Mother shall also notify Defendant/Father of any medical and dental appointments said child. 6. The Plaintiff/Mother shall have primary physical of the minor child, Cassandra A. Hedrick. 7. The Defendant/Father shall have temporary physical custody at times as agreed upon by the parties. As a minimum, the Father shall have custody from Friday to Sunday on alternative weekends. The Father shall also have custody for a minimum of one complete week of custody during the summer vacation of the child. 8. The parties shall equally share the transportation during the change of custody of said child. If the Defendant/Father is unable to pick up the child, any of his sisters shall pick up or deliver said child. 9. The parties shall provide for equal custody of Cassandra A. Hedrick, during all holidays pursuant to her best interest. 10. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 11. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 12. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 13. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and 4 shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 16. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: 2??t?e"?'i/:t` (SEAL) PAMELA M. HEDRICK (SEAL) KEITH A. HEDRICK RECEIVED MAY 2 6 2005 PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Lz' day of /17," 2005, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. ?` la les E. Petrie, Esq. Attorney for Plaintiff Marcus A. McKnight, II[, Esq. Attorney for Defendant By the Court, ? 1 :9 Plf I ?, I M , PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. NUMBER: 2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant CUSTODY MOTION FOR MODIFICATION OF CUSTODY ORDER NOW COMES the Plaintiff, PAMELA M. HEDRICK, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is PAMELA M. HEDRICK, who currently resides at 342 Doubling Gap Road, Newville, County of Cumberland, Pennsylvania. 2. Defendant is KEITH A. HEDRICK, who currently resides at 23 Coral Drive, Carlisle, County of Cumberland, Pennsylvania. 3. Plaintiff is the natural mother and Defendant is the natural father of a minor child, CASSANDRA A. HEDRICK, born February 15, 1997. 4. On May 27, 2005, an Order was entered by the Honorable Kevin A. Hess granting rights of primary physical custody of CASSANDRA A. HEDRICK, to the Plaintiff, and rights of partial custody to the Defendant. 5. Plaintiff seeks to modify the Order as follows: a. Requiring the child to be in the custody of the Plaintiff during the portions of Defendant's weekend custodial periods when Defendant is at work. b. Requiring Defendant to provide transportation for the child. c. Requiring Defendant to pick up the child at Plaintiff's house instead of at the babysitter's house if Defendant has the child during the week. d. The child shall not be in the care, custody and control of Defendant's girlfriend's cousin, Jade. Jade is involved in an investigation for child sexual abuse. WHEREFORE, Defendant respectfully requests that Your Honorable Court amend the Order of February 15, 1997, as set forth above. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE PAMELA M. HEDRICK ` ??.. rz?, N (? h. L4 r-j l S - S t, A PAMELA M. HEDRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH A. HEDRICK DEFENDANT 04-2495 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle Oil Tuesday, February 14, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 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/ JacgucHne M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the covet, 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 X10 hC- ?0 !°-t X10 hP PAMELA M. HEDRICK, Plaintiff/Respondent V. KEITH A. HEDRICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-2494 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION FOR CUSTODY AND NOW comes the Petitioner, Keith A. Hedrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Keith A. Hedrick, is an adult individual with an address of 23 Coral Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. The Respondent, Pamela M. Hedrick, is an adult individual with an address of 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3 The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties are currently governed by a custody Order of Court dated May 27, 2005, a copy of which is attached hereto and marked as Exhibit "A". 5. Based upon his work schedule, the Petitioner seeks to modify the existing Order to provide for custody of Cassandra Hedrick every Monday evening following school until Wednesday when he returns Cassandra to school. 6. The Petitioner also seeks restricted contact by Wes Fickes with said minor child due to his criminal background. 7. In all other respects, the Petitioner requests that the Order of Court dated May 27, 2005 remain in full force and effect. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Keith A. Hedrick, respectfully requests that he be awarded shared physical custody and shared legal custody of Cassandra A. Hedrick, as provided herein. By: Date: January 27, 2006 Marcus t4. McKni jK III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Respectfully submitted, EXHIBIT "A" RECEIVED MY 22 OA rin, ,, r r' PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this E. day of? 2005, upon presentation and consideration of the attached Custody Stipulation and Agree nt, it is hereby Ordered and Directed that it be entered as an Order of Court. AI ;'F In Test , Marcus A. McKnight, III, Esq. Attorney for Defendant Charles E. Petrie, Esq. Attorney for Plaintiff PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN CUSTODY - c; ILt CUSTODY STIPULATION •.i AND NOW, this day of January, 2005, the parties, KEITH A. HEDRICKaand c. PAMELA M. HEDRICK hereby enter into the following Custody Stipulation and Agreement' regarding their minor child, CASSANDRA A. HEDRICK: I. The Defendant/Father, Keith A. Hedrick, is an adult individual who resides at 604 Philadelphia Avenue, Chambersburg, Franklin County, Pennsylvania 17201. 2. The PlaintifffMother, Pamela M. Hedrick, is an adult individual who resides at 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties shall agree to have shared legal custody of the minor child, Cassandra A. Hedrick. 7 5. The Plaintiff/Mother shall inform Defendant/Father of all school and non-school activities of the child and all parent-teacher conferences at least one (1) week in advance of said conference. Plaintiff/Mother shall also notify Defendant/Father of any medical and dental appointments said child. 6. The Plaintiff/Mother shall have primary physical of the minor child, Cassandra A. Hedrick. 7. The Defendant/Father shall have temporary physical custody at times as agreed upon by the parties. As a minimum, the Father shall have custody from Friday to Sunday on alternative weekends. The Father shall also have custody for a minimum of one complete week of custody during the summer vacation of the child. 8. The parties shall equally share the transportation during the change of custody of said child. If the Defendant/Father is unable to pick up the child, any of his sisters shall pick up or deliver said child. 9. The parties shall provide for equal custody of Cassandra A. Hedrick, during all holidays pursuant to her best interest. 10. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 11. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 12. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 13. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and 4 shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 16. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) PAMELA M. HEDRICK ?(SEAL) KEITH A. HEDRICK VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. KEITH HEDRICK Date: JANUARY 27, 2006 PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 IRWIN & By: Marcus F. McKn" III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 27, 2006 ? X41 ? c CN t??r. N Y ' r rt . . 'i 0 -C ? am' c -r- r,.MELA M. HEDRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH A. HEDRICK DEFENDANT 04-2495 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, February 01, 2006 , upon consideration of the attached Complaint, is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle Oil Monday, February 27, 2006 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. 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. 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: Jacqueline M. Verney, Esq. Y 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 t_1 :Z i,',j Z-FDA90Z L_ -,,a1.t??? PAMELA M. HEDRICK, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2004-2490CIVIL TERM KEITH A. HEDRICK, Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION FOR CUSTODY AND NOW comes the Petitioner, Keith A. Hedrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. The Petitioner, Keith A. Hedrick, is an adult individual with an address of 23 Coral Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Pamela M. Hedrick, is an adult individual with an address of 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties are currently governed by a custody Order of Court dated May 27, 2005, a copy of which is attached hereto and marked as Exhibit "A". 5. Based upon his work schedule, the Petitioner seeks to modify the existing Order to provide for custody of Cassandra Hedrick every Monday evening following school until Wednesday when he returns Cassandra to school. 6. The Petitioner also seeks restricted contact by Wes Fickes with said minor child due to his criminal background. 7. In all other respects, the Petitioner requests that the Order of Court dated May 27, 2005 remain in full force and effect. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Keith A. Hedrick, respectfully requests that he be awarded shared physical custody and shared legal custody of Cassandra A. Hedrick, as provided herein. Respectfully submitted, By: IRWIN Marcus 1k. McKni jbt III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: January 27, 2006 Supreme Court I. D. No. 25476 EXHIBIT "A" RECEIVED MAY 2 6 ?nn? PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ? day of-/2005, upon presentation and consideration of the attached Custody Stipulation and Agree nt, it is hereby Ordered and Directed that it be entered as an Order of Court. In Tes+` ur o s t mrd hand Marcus A. McKnight, III, Esq. Attorney for Defendant Charles E. Petrie, Esq. Attorney for Plaintiff PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH A. HEDRICK, N0.2004.2495 CIVIL TERM Defendant IN CUSTODY CUSTODY STIPULATION - s? AND NOW, this day of January, 2005, the parties, KEITH A. HEDRICK and PAMELA M. HEDRICK hereby enter into the following Custody Stipulation and Agree tent regarding their minor child, CASSANDRA A. HEDRICK: 1. The Defendant/Father, Keith A. Hedrick, is an adult individual who resides at 604 Philadelphia Avenue, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Plaintiff/Mother, Pamela M. Hedrick, is an adult individual who resides at 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties shall agree to have shared legal custody of the minor child, Cassandra A. Hedrick. 2 5. The Plaintiff/Mother shall inform Defendant/Father of all school and non-school activities of the child and all parent-teacher conferences at least one (1) week in advance of said conference. Plaintiff/Mother shall also notify Defendant[Father of any medical and dental appointments said child. 6. The Plaintiff/Mother shall have primary physical of the minor child, Cassandra A. Hedrick. 7. The Defendant/Father shall have temporary physical custody at times as agreed upon by the parties. As a minimum, the Father shall have custody from Friday to Sunday on alternative weekends. The Father shall also have custody for a minimum of one complete week of custody during the summer vacation of the child. 8. The parties shall equally share the transportation during the change of custody of said child. If the Defendant/Father is unable to pick up the child, any of his sisters shall pick up or deliver said child. 9. The parties shall provide for equal custody of Cassandra A. Hedrick, during all holidays pursuant to her best interest. 10. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 11. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 12. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 13. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and 4 shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 16. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ? ?f,?l //% ?'Y,!d?'r:C? (SEAL) PAMELA M. HEDRICK (SEAL) KEITH A. HEDRICK VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KEITH HEDRICK Date: JANUARY 27, 2006 PAMELA M. HEDRICK, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.2004-2495 CIVIL TERM KEITH A. HEDRICK, Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 IRWIN & By: Marcus it McKnflgh? III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 27, 2006 Cry G c '• ,? u -Z'r Vo S -4 t ? Y r y y` y C f ? cJ? ? '> r? '`?c u l R c= U?D MAR 10` PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2495 CIVIL ACTION - LAW KEITH A. HEDRICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /Y' day of /'-la. t , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 27, 2005 shall remain in full force and effect with the following modifications. Father shall have the following periods of partial physical custody: A. Beginning March 10, 2006, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:30 p.m. The parties shall meet at the UniMart in Plainfield to exchange custody. B. Every Tuesday from after school to Wednesday at 8:00 p.m. Father shall be responsible for all transportation for this period of custody. 3. Father shall assure that the child attends all of her extracurricular activities while she is in his custody. 4. The child is to have no contact with Jade. 5. This Order has been 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, cc: Charles E. Petrie, Esquire - Counsel for Mother OL Marcus A. McKnight, III, Esquire, Counsel for Father L AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. PAMELA M. HEDRICK, Plaintiff/Respondent V. KEITH A. HEDRICK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-2494 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION FOR CUSTODY AND NOW comes the Petitioner, Keith A. Hedrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Keith A. Hedrick, is an adult individual with an address of 10 East Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent, Pamela M. Hedrick, is an adult individual with an address of 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Cassandra A. Hedrick, born February 15, 1997. 4. The parties are currently governed by a custody Order of Court dated March 14, 2006, a copy of which is attached hereto and marked as Exhibit "A". 5. The Petitioner desires that the Court issue an Order requiring family counseling for Cassandra Hedrick. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Keith A. Hedrick, respectfully requests that the Court issue an Order requiring family counseling for Cassandra A. Hedrick, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: ' Marc s A. McI squire 60 W st Po et Stre t Carlisle, Pen Ivan' 17013-3222 (717) 249-2353 Date: August 7, 2007 Supreme Court I. D. No. 25476 PAMELA M. HEDRICK; ;. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2495 CIVIL ACTION - LAW KEITH A. HEDRICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /Y e day of 112 6?.? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 27, 2005 shall remain in full force and effect with the following modifications. 2. Father shall have the following periods of partial physical custody: A. Beginning March 10. 2006, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:30 p.m. The parties shall meet at the UniMart in Plainfield to exchange custody. B. Every Tuesday from after school to Wednesday at 8:00 p.m. Father shall be responsible for all transportation for this period of custody. 3. Father shall assure that the child attends all of her extracurricular activities while she is in his custody. 4. The child is to have no contact with Jade. 5. This Order has been 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, Crn Nt ? 1! SI< tt t rxt 6 ti It x. CA It ti;`? Frothonoffirv Kevin A. I-less, J. cc: Charles E. Petrie, Esquire - Counsel for Mother Marcus A. McKnight, III, Esquire, Counsel for Father PAMELA M. HEDRICK, Plaintiff V. KEITH A. HEDRICK, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-2495 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Cassandra A. Hedrick DATE OF BIRTH CURRENTLY IN CUSTODY OF February 15, 1997 Mother 2. A Conciliation Conference was held in this matter on Nlarch 9, 2006. Mother, Pamela M. Hedrick, was present with her counsel, Charles E. Petrie, Esquire, and Father, Keith A. Hedrick, was present with counsel, Marcus A. McKnight, 111. Esquire. i. A prior Order of Court was entered by the Honorable Kevin A. I-less dated May 27, 2005 providing for shared legal custody. Mother having primary physical custody and Father having at a minimum, alternating weekends and one week in the summer. 4. The parties agreed to an Order in the form attached. Date `Jac eline M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. KEITH HEDRICK Date: August 7, 2007 -Is CC) INI C PAMELA M. HEDRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2495 CIVIL ACTION LAW KEITH A. HEDRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 13, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Thursday, September 06, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 pennanent 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: Is/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pp ;? 1 r ?'i -v 11=1d ?i 1 v' 6 V LORI 1); -1 A73- CITY f .. SEP 0 72007Z PAMELA M. HEDRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2495 CIVIL ACTION - LAW KEITH A. HEDRICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this // " day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated May 27, 2005 and March 14, 2006 shall remain in full force and effect with the following modification. 2. The parents shall cooperate with family counseling. Father shall pay any co-pay that is required not covered by insurance. Mother shall participate if requested by the counselor. Father shall be responsible to transport the child to/from counseling. 3. This Order has been 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, cc: Marcus A. McKnight, III, Esquire, Couns?El for Father Pamela M. Hedrick, pro se // 342 Doubling Gap Road Newville, PA 17241 J. (2orl'as maLl LCZL q??? fa7 WJ 11 J38 LIU AAWIUO-UOEW , 4 1 ? ••a PAMELA M. HEDRICK, Plaintiff V. KEITH A. HEDRICK, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-2495 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassandra A. Hedrick February 15, 1997 Mother 2. A Conciliation Conference was held in this matter on September 6, 2007. Father, Keith A. Hedrick, was present with counsel, Marcus A. McKnight, III, Esquire and Mother, Pamela M. Hedrick, was present pro se. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess dated May 27, 2005 and March 14, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and two evenings per week. 4. The parties agreed to an Order in the form attached. q-te Date ac line M. Verney, Esquire Custody Conciliator