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HomeMy WebLinkAbout10-4060 C~,'' ,: S . LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Heather A. Kern, Plaintiff HEATHER A. KERN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. `~ .~ ~Q /a d Gam; ROBERT E. KERN, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED. IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary's at: Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 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. ~ 3 tea.. oa ~`~ ~y ~- sy G 7 , .moo I d-~1 ~~- ~/ 3 8'~-~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Heather A. Kern, Plaintiff HEATHER A. KERN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ROBERT E. KERN, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND COMPLAINT FOR CUSTODY 1. The Plaintiff is Heather A. Kern, an adult individual whose current address is 1000 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, and whose social security number is 160-66-6693. 2. The Defendant, Robert E. Kern, is an adult individual, whose current address is 210 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 172-64-9018. 3. Plaintiff and Defendant were married on April 21, 2007 in Camp Hill, Pennsylvania. 4. The Plaintiff has resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Neither Plaintiff nor Defendant are members of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There is one minor child born of the marriage; namely: Jayden Kern, born July 13, 2008 in Harrisburg, Pennsylvania. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COMPLAINT FOR CUSTODY 11. Paragraphs one (1) through ten (10) of the foregoing Complaint in Divorce are incorporated herein and made apart hereof by reference. 12. Plaintiff believes that the best interests of her son will be served by granting her primary physical custody with partial custody in the Defendant, and that a set schedule be established to avoid any conflict between the. parties. 13. Plaintiff has been the primary caretaker of the minor child since his birth. 14. The minor child has resided in Cumberland County, Pennsylvania since his birth. 15. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 16. The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 17. 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. WHEREFORE, Plaintiff respectfully prays your Honorable Court to schedule a custody conciliation conference for the establishment of a custody schedule and Order. Respectfully submitted, B Diane . Di s, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in the Complaint in Divorce 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. ~~I~- Heather A. Kern Date: June 10, 2010 ~ ,~ HEATHER A. KERN PL.~1(NTIFF ~'. ROL3ERT E. KERN I)f Ff;\'I)~NT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE:NNSYL.VANIA 2010-4060 CIVIL ACTION LAW IN CUS"I~~ODY ORDER OF COU12T GNU NO~~ , Friday, June_25, 2010 upon consideration of the attached Complaint, it is herch~~ directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, ,~t 39 West Main Street, Mechanicsburg, PA 17055 __ on __ _ Tuesday, July 27, 2010 at 3:00 PM I~or a Pre-Fl~arin~; 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 ~>rdcr. Fail~n~c 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, tit~ecial IZclic!' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. I'OR THE C'OURT~, By: /s/ Da_w_n S. Sunder-&-sue.-~' -- -Custody Conciliator t --_---- ~I~t~c Court of Common Pleas of Cumberland County is required by law to comply with the Americans ~~-ith I)isahiiites Act of 1990. For information about accessible facilities and reasonable accommodations a~~ailal7l~ to disabled individuals having b~~~siness before the court, please contact our office. All arrangements must he made at least 7? hours prior to any hearing or business before the court. You must attend the. scheduled conierei7cc or hcarint:. YOU SHOUI.~D TAKE THIS PAPER TO YOUK ATTORNEY AT ONCE. IF YOU DO NO"I~ IIAVF AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC~,SE'I~ FOIZ"I~F1 BELOIV TO FIND OIJT WI-IERE YOU CAN CiET LEGAL HELP. ~ ~' `ri Cumberland County Bar Association -~,,~: ~--- =~..~ Gp•a.5 • ~~ P~' ~`~~-~2 3? South Bedford Street ~~~~ ~`~~`'' "'~fl A~ 17 ~~$ , Carlisle, Pennsylvania 17013 ~: - ~ ,' ~' Telephone (717} 249-3 166 ~ ~-, ~" ~ =; (~ •025 • f O No~ti cR. M~-~ l e_C~ -+o p t- ~ i~`-, ~ ,~ ~~-. C~ •as~ ~ o cr~ ma,~etl -tc~ A~ s,.~n da~.. ~, AUG 0 4 2010 HEATHER A. KERN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-4060 CIVIL ACTION LAW • o ROBERT E. KERN c~ o '~~' ; :. Defendant Ili[ CUSTODY ;,,,~ ~ ~ v •'~T __ ~ __ -~ .~ . ORDER OF COURT ~= ~ ~ .-~~' AND NOW, this ~ day of 2010, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The Father, Robert E. Kern, and the Mother, Heather A. Kern, shall have shared legal custody of Jayden Kern, born July 13, 2008. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child on the following biweekly schedule: A. Week I: During Week I, the Mother shall have custody of the Child from Sunday morning at 8:00 a.m. through Thursday when the Mother shall transport the Child to daycare, and the Father shall have custody from Thursday after daycare through Saturday at 12:30 p.m. B. Week II: During Week II, the Mother shall have custody of the Child from Saturday at 12:30 p.m. through Thursday when the Mother shall transport the Child to daycare, and the Father shall have custody from Thursday after daycare through Sunday at 8:00 a.m. C. The biweekly schedule shall begin on August 5 with the Father having custody on Thursday after daycare during the second part of Week I. 3. The parties shall share having custody of the Child on holidays as follows: A. Thanks ig vine: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at a time to be arranged by agreement through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday morning at a time to be arranged by agreement. B. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at a time to be arranged by agreement through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at a time to be arranged by agreement. C. New Year's: In every year, the Father shall have custody of the Child from New Year's Eve at a time to be arranged by agreement through New Year's Day at 3:00 p.m., and the Mother shall have custody from New Year's Day at 3:00 p.m. through January 2 at a time to be arranged. D. Easter/Memorial Da /July Fourth/Labor Dav: The parties shall follow the regular schedule over the Easter, Memorial Day, July Fourth and Labor Day holidays unless otherwise arranged by agreement. E. Mother's Dav/Father's Dav: The Mother shall have custody of the Child on Mother's Day every year and the Father shall have custody of the Child on the Saturday before Father's Day every year, with the specific times to be arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each parent shall be entitled to have vacation custody with the Child for up to one week each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event either party intends to remove the Child from the local area for a vacation period, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 5. The parties agree that the Child shall attend daycare on Mondays and Thursdays to enable the Child to benefit from the additional socialization and educational experience. In the event either party intends to pick up the Child early from daycare during his or her period of custody, that parent shall notify the other parent in advance. 6. The parties agree that neither parent shall smoke in the presence of the Child in either their respective homes or automobiles. The parties shall ensure that third parties having contact with the Child comply with this provision. 7. The parties shall ensure that any firearms at his or her residence are either locked or stored out of the reach of all children in the household to ensure that the firearms are not in any way accessible to the Child. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BYw~"f~E COURTJ J. cc: - e M. Dils, Es uire -Counsel for Mother q Robert E. Kern -Father r ~ ~ £S' /1'1~ t gds/~~ ~~ Y HEATHER A. KERN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT E. KERN Defendant 2010-4060 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 Jayden Kern July 13, 2008 Mother/Father 2. A custody conciliation conference was held on July 27, 2010, with the following individuals in attendance: the Mother, Heather A. Kern, with her counsel, Diane M. Dils, Esquire, and the Father, Robert E. Kern, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ,, e2 .0 ~ C7 Date Dawn S. Sunday, Esquire Custody Conciliator ?ILI 2s I I JUN -8 PM 12: 14 LlM8ERLAND C0UI' ? 'T' NNSYLv'A IPi LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Heather A. Kern HEATHER A. KERN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2010-4060 Civil ROBERT E. KERN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the Defendant, Robert E. Kern, at his address of 210 Susquehanna Avenue, Enola, Pennsylvania 17025 by Certified Mail Restricted Delivery, Article No. 7009 1410 0000 0892 2113. Attached hereto is the return receipt executed by Robert E. Kern dated July 2, 2010. Re ectfull submitted, , B Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 ¦ Owiplete items 1, 2, and 3."Also complete iVm 4 if Restricted Delivery Is desired. P*d your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpleoe, or on the front if space permits 1. Article Addressed to: B. Received by (Printed ) C. Date of Delivery 7- 7 D. Is deltvery address ciftent from item 1? ? Yes If YES, enter delivery address below: ? No 3. Type CyrYfled Mail ? Exixeft Mail ? Registered ? ReWrn Receipt for Merchardee ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7009 1410 0000 0892 2113 (Danster from ser vrce iaW -- Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1:7 HEATHER A. KERN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10-4060 Civil ROBERT E. KERN, :CIVIL ACTION -LAW -')r--, Defendant IN DIVORCE -<T: r? AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 15, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. [ consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date; / ?A/ --- Robert E. Kern, efendant HEATHER A. KERN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS ,VAIIki vs 10-4060 Civil No . . . co ROBERT E. KERN : CIVIL ACTION -LAW -? , Defendant : IN DIVORCE r =3 "a AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 15, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by tine Cuuit acid 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 Waiver 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. ?r Date: ater A. Kern, Plaintiff HEATHER A. KERN VS. ROBERT E. KERN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-4060 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: _ Irretrievable breakdown under § (3301(c)) and -?• ?" r; a; `-' § (3301(d)(1)) of the Divorce Code. r't = M (Strike out inapplicable section.) h rte-- ' rti 2. Date and manner of service of the complaint: -< 00 Certified mail on July 2, 2010- 'p "=" 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) oP Divorce code: by plaintiff May 30, 2011 ; by defendant May 19, 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's ,§ 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Simultaneously herewith Date defendant's Waiver of Notice was filed with the Prothonotary: Z? - 9 ??y HEATHER A. KERN V. ROBERT E. KERN DIVORCE DECREE - 16:33,:z . m AND NOW, t 20// , it is ordered and decreed that HEATH & A. KERN , plaintiff, and ROBERT E. KERN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE e Court, J. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1Q-4060 Civil ? 6.16-41 eel+ eq*),j M illeW -16 >/s Ataim ? av? marled * d F "I LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 l?;1? Attorney for Heather A. Troup, Plaintiff HEATHER A. KERN, n/k/a HEATHER A. TROUP, Plaintiff vs. ROBERT E. KERN, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-4060 CIVIL ACTION -LAW CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, this day of January, 2013, comes the Plaintiff, Heather A. Kern, now known as Heather A. Troup, by her attorney, Diane M. Dils, Esquire and respectfully avers the following: 1. The Plaintiff is Heather A. Troup, an adult individual whose current address is 222 S. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Robert E. Kern, is an adult individual, whose current address is 13 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. ?# a sq'd 3. Plaintiff and Defendant were married on April 21, 2007 in Camp Hill, Pennsylvania. 4. There is one minor child born of the marriage; namely: Jayden Kern, born July 13, 2008 in Harrisburg, Pennsylvania. 5. Attached hereto and marked Exhibit "A" is a copy of an Order dated August 5, 2010 setting forth the current custodial arrangements between the parties. 6. Plaintiff believes it is best for her son to be in her primary physical custody at this time. 7. The minor child will commence school in the Fall of 2013. 8. It is believed that the Defendant is currently residing with his parents on a temporary basis, but that he will not have a residence as of the end of January, 2013. 9. The Defendant has experienced depression issues and is currently on medication for the same. 10.The Defendant had been sent home from his employment as a result of his depression issues and/or medication. I I.The Defendant has not exercised his Thursday evening visits with the minor child since October of 2012. 12. Plaintiff respectfully requests that she be granted primary physical custody of her son with Defendant visiting every other weekend from Friday at 4:30 p.m. until Sunday, when Father's parents return the child to Mother's parents after church, and an evening visit with 48 hours notice being given to Mother. 13.Plaintiff is further requesting that if Defendant is unable to pick the child up within one-half hour of the scheduled time, that Defendant forfeit his custodial period. This will prevent Mother from having to change her plans waiting for Father. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant her primary physical custody of her son. Respectfully submitted, r` B 1?. 't a 1 tom" -- /Diane M. bils, squire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 /w H EA"I'HER A. KERN vs. ROBERT E, KERN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2010-4060 CIVIL ACTION LAW Defendant IN CUSTODY 4 ORDER OF COURT AND NOW, this day of 2010, upon - 5' "I-gFt' , consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Father, Robert E. Kern, and the Mother, Heather A. Kern, shall have shared legal custody of Jayden Kern, born July 13, 2008. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child on the following biweekly schedule: A. Week I: During Week I, the Mother shall have custody of the Child from Sunday morning at 8:00 a.m. through Thursday when the Mother shall transport the Child to daycare, and the Father shall have custody from Thursday after daycare through Saturday at 12:30 p.m. B. Week II: During Week II, the Mother shall have custody of the Child from Saturday at 12:30 p.m. through Thursday when the Mother shall transport the Child to daycare, and the Father shall have custody from Thursday after daycare through Sunday at 8:00 a.m. C. The biweekly schedule shall begin on August 5 with the Father having custody on Thursday after daycare during the second part of Week I. 3 3. The parties shall share having custody of the Child on holidays as follows: A. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at a time to be arranged by agreement through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday morning at a time to be arranged by agreement. B. Christmas: In every year, the Mother shall have custody of the Child from Clistmas Eve at a time to be arranged by agreement through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at a time to be arranged by agreement. C. New Year's: In every year, the Father shall have custody of the Child from New Year' Eve at a time to be arranged by agreement thro 0 New Year's January y at 3:00 at .m., and the Mother shall have custody from New Year's Day a p a time to arranged. D. Easter/Memorial Day/July Fourth/Labor Day: The parties shall follow the regular schedule over the Easter, Memorial Day, July Fourth and Labor Day holidays unless otherwise arranged by agreement. E. Mother's Day/Father."sDay: The cuMother shall stody of the Child on the Saturday before Mother's Day every year and the Father shall have c l'ather's Day every year, with the specific times to be arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each parent shall be entitled to have vacation custody with the Child for up to one week each \ car upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event either party ??ntends to remove the Child from the local ddresse andrtelephonte number where the Child pcart the address advan.:e notice to the other parent of the contacted. 5. The parties agree that the Child shall attend daycare on Mondays and Thursdays to enable the Child to benefit from the additional socialization and educational experience. In the event either parl.v intends to pick up the Child early from daycare during his or her period of custody, that parent shall notify the other parent in advance. 6. The parties agree that neither parent shall smoke in the presence of the Child in either their respective homes or automobiles. The parties shall ensure that third parties having contact with the Child comply with this provision. I. The parties shall ensure that any firearms at his or her residence are either locked or stored out of the reach of all children in the household to ensure that the firearms are not in any way accessible to the Child. 8 Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, I J. cc. Diane M. Dils, Esquire - Counsel for Mother Robert E. Kern - Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se of said at cadib s Pa'./? This y of 20 _J G.•?- Prothono VERIFICATION I verify that the statements made in this Cr)T-T,AI--T 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. r? "TTE" n . M?gMR TROUP -? 5 Date: I- f,