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HomeMy WebLinkAbout05-0519JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. OS - SSl Civil Action - 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 claim of 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 grounds 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. SO Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO MONIKA HIERMAN: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OS -579 (_,` MONIKA HIERMAN, Defendant : Civil Action - In Divorce COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. §3301(c) 1. Jakub Hierman (hereinafter "Plaintiff'), is an adult individual residing at 307 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Monika Hierman (hereinafter "Defendant'), is an adult individual residing 307 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 17, 2001 in New Jersey. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 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. 10. Plaintiff avers that there is one child born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. c By: ??- Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Plaintiff DATED: / ,Z S j S 2 VERIFICATION I, Jakub Hierman, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unsworn falsification to authorities, By: " / r / akub Hierman DATED: I 2 S _ 2 ?- J . 4) Ti N V) "I -n O f ? films (T- 43 ? ??IfA w JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce ACCEPTANCE OF SERVICE I, Monika Hierman, the defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: S- Monika Hiennan r' ?¢ ? . ,> ? !'"? ,s "? A") ?' :? ?i . r " . ? ' ,?,: C 1 1 T'? i ,,.t G .I (r% JAKUB HIERMAN, V. IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA MONIKA HIERMAN, Respondent NO. 05-519 Civil Term Civil Action - In Divorce PETITION FOR ENTRY OF AGREEMENT 1. Petitioner is Jakub Hierman, who resides at 321 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Monika Hierman, who resides at 855 Lincoln Blvd., Apt. C, Middlesex, New Jersey. 3. Petitioner and Respondent were married on February 17, 2001. 4. The parties are the natural parents of Jakub Nick Hierman, age 3. 5. There is presently pending an action for divorce between the parties under Section 3301(c) of the Pennsylvania Divorce Code which is docketed to the above term and number. 6. On April 28, 2005, the parties entered into an agreement regarding custody and support of the child which is attached hereto and incorporated herein as Exhibit "A." 7. The best interests of the child will be served by the Court's entering said custody and support agreement as set forth at Exhibit "A" as an Order of Court. 8. Respondent has consented in writing to entering the agreement as an order of Court. Said consent is attached hereto and incorporated herein as Exhibit "B." WHEREFORE, Petitioner requests this Court to approve the foregoing agreement and make it an order of Court. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. John R. Fenstermc-kh Supreme Court LD. #29940 Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Petitioner GATED: -5 2 EXHIBIT «A» CUSTODY AND SUPPORT AGREEMENT THIS AGREEMENT made this ,G day of 2005, by and between Jakub Hierman of Mechanicsburg, Pennsylvania, hereinafter referred to as FATHER, and Monika Hierman of Middlesex, New Jersey, hereinafter referred to as MOTHER. WITNESSETH: WHEREAS, one (1) child was born of the parties' marriage, Jakub Nick Hierman. WHEREAS, the parties are desirous of establishing a custody and child support agreement, WHEREAS, each parry acknowledges that he or she has read this agreement, and that the Agreement is fair and equitable, and it is entered into knowingly and voluntarily. NOW THEREFORE, the parties have agreed to the following: Mother and Father shall share legal custody of the child. Primary physical custody shall be vested in Mother. Father shall enjoy periods of partial physical custody as set forth in this Agreement. 2. Father shall enjoy periods of partial physical custody of the child on alternating weekends from Friday beginning at 5:00 p.m. until Sunday at 5:00 pm unless the parties agree otherwise on the times for exchange of custody. 3. The summer months shall continue with the alternating weekend schedule except for a six (6) week timeframe where the parties shall make for the Father to have custody for the first two (2) weeks, the Mother to custody for the middle two (2) weeks, and the Father to have custody for the last (2) weeks. 4. The Thanksgiving holiday shall be deemed to commence at 9:00 a.m. Thanksgiving Day and end at 5:00 p.m. the subsequent Sunday, regardless of the alternating weekend schedule, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 5. The Christmas holiday shall be handled in two segments, Segment A being from 9:00 a.m. Christmas Eve until noon on Christmas Day and Segment B being from noon on Christmas Day until 5 p.m. on December 26th. Father shall have custody during Segment A in 2005 and Mother shall have custody during Segment B in 9005, with the parties alternating each year thereafter. 6. The Easter holiday shall be deemed to commence at 9:00 a.m. and end at 5:00 p.m. on Easter Day, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 7. Notwithstanding any other provision herein, Father shall enjoy custody on Memorial Day, Independence Day and Labor Day 2005, with the parties alternating each year thereafter. Mother shall enjoy custody of the minor child on his birthday in 2005, with the parties alternating each year thereafter. 9. Notwithstanding any other provision herein, Father shall always enjoy custody on Father's Day and Mother shall always enjoy custody on Mother's Day, with each day being deemed to commence at 9:00 a.m. and end at 5:00 p.m. 10. The parties shall equally share transportation for the exchange of custody, with Father picking the child up at 5:00 p.m. on the Friday of Father's Weekends and Mother picking the child up at 5:00 p.m. on the Sunday of Father's weekends, or with the parties meeting half-way both Friday and Sunday. 11. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. All school and health officials who deal with the child are expressly authorized to provide any and all information regarding the child to both parties. Each party shall notify the other of any matter 3 relating to the child which could reasonably be expected to be of significant concern to the other. 12. Each parry must provide the other with a copy of all day care and ?chool communications received by the party while the child is in his or her custody and also notify the other party with respect to all parent/teacher conferences. 13. Neither party may schedule the child for medical procedures the notification and consent of the other party, except in the cases of In the case of an emergency, the party having physical custody of the at the time of the emergency shall have the right to make any immediate decisions thereby, but shall inform the other parent of the emergency and consult him or her as soon as possible. 14. Neither party may remove the child from the United States without the written permission of the other party. 15. Father agrees to pay Mother Five Hundred ($500.00) Dollars each month as child support, until the child reaches the age of eighteen (18), and to Ourchase additional clothing and other amenities for the child as needed. 16. This Agreement shall be governed, construed and enforced under the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hand and Oals the day and date first written above. 5 EXFI?6?T if g„ JAKUB HIERMAN, V. : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-519 Civil Term MONIKA HIERMAN, Respondent Civil Action - In Divorce CONSENT TO ENTRY OF AGREEMENT I, Monika Hierman, hereby acknowledge that I am the Respondent in the fo?egoing Petition for Entry of Agreement, that I have read and understood the contents of the said Petition and that I hereby consent to the entry of the Custody and Support Agreement dated 2005, as an order of Court. OY?C Gz ??11i`7G'??? Monika Hierman, Respondent CERTIFICATE OF SERVICE AND NOW, on this 3rd day of May, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Petition for Entry of Agreement, by mailing a true and correct copy by certified and regular mail, addressed as follows: Monika Hierman 855 Lincoln Blvd, Apt. C Middlesex, New Jersey 08846 FENSTERMACHER AND ASSOCIATES, P.C. By: Shane F. Crosby J ? ?? <-, -, '=?; _ --? -- _ : r ;:,; , in . i ': _, ' -.. S= ..` r-. JAKUB HIERMAN, V. IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-519 Civil Term MONIKA HIERMAN, Respondent Civil Action - In Divorce PETITION FOR ENTRY OF AGREEMENT 1. Petitioner is Jakub Hierman, who resides at 321 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Monika Hierman, who resides at 855 Lincoln Blvd., Apt. C, Middlesex, New Jersey. 3. Petitioner and Respondent were married on February 17, 2001. 4. The parties are the natural parents of Jakub Nick Hierman, age 3. 5. There is presently pending an action for divorce between the parties under Section 3301(c) of the Pennsylvania Divorce Code which is docketed to the above term and number. 6. On April 28, 2005, the parties entered into an agreement regarding custody and support of the child which is attached hereto and incorporated herein as Exhibit "A." 7. The best interests of the child will be served by the Court's entering said custody and support agreement as set forth at Exhibit "A" as an Order of Court. 8. Respondent has consented in writing to entering the agreement as an order of Court. Said consent is attached hereto and incorporated herein as Exhibit "B." WHEREFORE, Petitioner requests this Court to approve the foregoing agreement and make it an order of Court. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. John R. Fensterma'cbe} Supreme Court I.D. #29940 Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Petitioner DATED: 2 EXHIBIT "All CUSTODY AND SUPPORT AGREEMENT THIS AGREEMENT made this day of rv 1'121` , 2005, by and between Jakub Hierman of Mechanicsburg, Pennsylvania, hereinafter referred to as FATHER, and Monika Hierman of Middlesex, New Jersey, hereinafter referred to as MOTHER. WITNESSETH: WHEREAS, one (1) child was born of the parties' marriage, Jakub Nick Hierman. WHEREAS, the parties are desirous of establishing a custody and child support agreement, WHEREAS, each party acknowledges that he or she has read this Agreement, and that the Agreement is fair and equitable, and it is entered into knowingly and voluntarily. NOW THEREFORE, the parties have agreed to the following: 1. Mother and Father shall share legal custody of the child. Primary physical custody shall be vested in Mother. Father shall enjoy periods of partial physical custody as set forth in this Agreement. 2. Father shall enjoy periods of partial physical custody of the child on alternating weekends from Friday beginning at 5:00 p.m. until Sunday at 5:00 pm unless the parties agree otherwise on the times for exchange of custody. 3. The summer months shall continue with the alternating weekend schedule except for a six (6) week timeframe where the parties shall make arrangements for the Father to have custody for the first two (2) weeks, the Mother to have custody for the middle two (2) weeks, and the Father to have custody for the last two (2) weeks. 4. The Thanksgiving holiday shall be deemed to commence at 9:00 a.m. Thanksgiving Day and end at 5:00 p.m. the subsequent Sunday, regardless of the alternating weekend schedule, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 5. The Christmas holiday shall be handled in two segments, Segment A being from 9:00 a.m. Christmas Eve until noon on Christmas Day and Segment B being from noon on Christmas Day until 5 p.m. on December 26`h. Father shall have custody during Segment A in 2005 and Mother shall have custody during Segment B in 2005, with the parties alternating each year thereafter. 6. The Easter holiday shall be deemed to commence at 9:00 a.m. and end at 5:00 p.m. on Easter Day, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 2 7. Notwithstanding any other provision herein, Father shall enjoy custody on Memorial Day, Independence Day and Labor Day 2005, with the parties alternating each year thereafter. 8. Mother shall enjoy custody of the minor child on his birthday in 2005, with the parties alternating each year thereafter. 9. Notwithstanding any other provision herein, Father shall always enjoy custody on Father's Day and Mother shall always enjoy custody on Mother's Day, with each day being deemed to commence at 9:00 a.m. and end at 5:00 p.m. 10. The parties shall equally share transportation for the exchange of custody, with Father picking the child up at 5:00 p.m. on the Friday of Father's weekends and Mother picking the child up at 5:00 p.m. on the Sunday of Father's weekends, or with the parties meeting half-way both Friday and Sunday. 11. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. All school and health officials who deal with the child are expressly authorized to provide any and all information regarding the child to both parties. Each party shall notify the other of any matter 3 relating to the child which could reasonably be expected to be of significant concern to the other. 12. Each parry must provide the other with a copy of all day care and school communications received by the party while the child is in his or her custody and also notify the other party with respect to all parent/teacher conferences. 13. Neither party may schedule the child for medical procedures without the notification and consent of the other party, except in the cases of emergencies. In the case of an emergency, the party having physical custody of the child at the time of the emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 14. Neither party may remove the child from the United States without the written permission of the other party. 15. Father agrees to pay Mother Five Hundred ($500.00) Dollars each month as child support, until the child reaches the age of eighteen (18), and to purchase additional clothing and other amenities for the child as needed. 16. This Agreement shall be governed, construed and enforced under the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and date first written above. 4 WITNESS: Monika Hierman EXHIBIT «B» JAKUB HIERMAN, V. IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-519 Civil Term MONIKA HIERMAN, Respondent Civil Action - In Divorce CONSENT TO ENTRY OF AGREEMENT I, Monika Hierman, hereby acknowledge that I am the Respondent in the foregoing Petition for Entry of Agreement, that I have read and understood the contents of the said Petition and that I hereby consent to the entry of the Custody and Support Agreement dated o« 2005, as an order of Court. Monika Hierman, Respondent CERTIFICATE OF SERVICE AND NOW, on this 3rd day of May, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Petition for Entry of Agreement, by mailing a true and correct copy by certified and regular mail, addressed as follows: Monika Hierman 855 Lincoln Blvd, Apt. C Middlesex, New Jersey 08846 FENSTERMACHER AND ASSOCIATES, P.C. By: Shane F. Crosby rte? ( i c -rf eA R E C r i v i:?u 2005 JAKUB HIERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce NOTICE 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JAKUB HIERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce ORDER OF CUSTODY 1. The Father, Jakub Hierman, and the Mother, Monika Hierman, shall enjoy shared legal custody of Jakub Nick Hierman, born April 5, 2002. 2. Primary physical custody shall be vested in Mother. 3. Father shall enjoy periods of partial physical custody as set forth below. 4. Father shall enjoy periods of partial physical custody of the child on alternating weekends from Friday beginning at 5:00 p.m. until Sunday at 5:00 p.m. unless the parties agree otherwise on the times for exchange of custody. 5. The summer months shall continue with the alternating weekend schedule except for a six (6) week timeframe where the parties shall make arrangements for Father to have custody for the first two (2) weeks, Mother to have custody for the middle two (2) weeks, and Father to have custody for the last two (2) weeks. 6. The Thanksgiving holiday shall be deemed to commence at 9:00 a.m. Thanksgiving Day and end at 5:00 p.m. the subsequent Sunday, regardless of the alternating weekend schedule, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 7. The Christmas holiday shall be handled in two segments, Segment A being from 9:00 a.m. Christmas Eve until noon on Christmas Day and Segment B being from noon on Christmas Day until 5 p.m. on December 26th. Father shall have custody during Segment A in 2005 and Mother shall have custody during Segment B in 2005, with the parties alternating each year thereafter. 8. The Easter holiday shall be deemed to commence at 9:00 a.m. and end at 5:00 p.m. on Easter Day, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 9. Notwithstanding any other provision herein, Father shall enjoy custody on Memorial Day, Independence Day and Labor Day 2005, with the parties alternating each year thereafter. 10. Mother shall enjoy custody of the minor child on his birthday in 2005, with the parties alternating each year thereafter. 11. Notwithstanding any other provision herein, Father shall always enjoy custody on Father's Day and Mother shall always enjoy custody on Mother's Day, with each day being deemed to commence at 9:00 a.m. and end at 5:00 p.m. 12. The parties shall equally share transportation for the exchange of custody, with Father picking the child up at 5:00 p.m. on the Friday of Father's weekends and Mother picking the child up at 5:00 p.m. on the Sunday of Father's weekends, or with the parties meeting half-way both Friday and Sunday. 13. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. All school and health officials who deal with the child are expressly authorized to provide any and all information regarding the child to both parties. Each party shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other. 14. Each party must provide the other with a copy of all day care and school communications received by the party while the child is in his or her custody and also notify the other party with respect to all parent/teacher conferences. 15. Neither party may schedule the child for medical procedures without the notification and consent of the other party, except in the cases of emergencies. In the case of an emergency, the party having physical custody of the child at the time of the emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 16. Neither party may remove the child from the United States without the written permission of the other party. 17. Father shall pay to Mother Five Hundred ($500.00) Dollars each month as child support, until the child reaches the age of eighteen (18), and to purchase additional clothing and other amenities for the child as needed. By the Court: JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce COMPLAINT FOR PARTIAL CUSTODY AND NOW comes the Plaintiff, by and through his attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. The plaintiff is Jakub Hierman residing at 321 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Monika Hierman residing at 855 Lincoln Blvd., Apt. C, Middlesex, New Jersey 08846. 3. Plaintiff and Defendant are the natural parents of one minor child, namely Jakub Nick Hierman, age 3. 4. The child was not born out of wedlock. 5. There is presently pending an action for divorce between the parties under Section 3301(c) of the Pennsylvania Divorce Code which is docketed to the above term and number. 6. No outstanding order of custody currently exists. 7. The child is presently residing with Defendant. 8. The child has resided with Defendant at 855 Lincoln Blvd., Apt. C., Middlesex, New Jersey since January 2005. Prior to January, 2005, the child resided with both Plaintiff and Defendant at 307 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania from the time of his birth on April 5, 2002. 9. Plaintiff is seeking partial custody of the child. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. WHEREFORE, Plaintiff respectfully requests the court to grant partial custody of the child. DATED: Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. John R. Fenstermad)_igr Supreme Court I.D. #29940 Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Plaintiff VERIFICATION I, Jakub Hierman, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unsworn falsification to authorities. Jakub Hierman, Plaintiff DATED: ?..? f) -. -: 1 'tea y n _ ?-. .,. ?. ? ;,_ ? ?- ? ,_; ? ?: _? ?, ? ,J ? ? ?- r ,....?-- RECEIVED MAY 11 2005 JAKUB HIERMAN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Respondent NO. 05-519 Civil Term Civil Action - In Divorce ORDER OF COURT AND NOW, this --12, day of , 2005, upon presentation of the foregoing Custody and Support Agreement, said Agreement is approved and made the Order of Court. WS c-D CJ ? ? U JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce ACCEPTANCE OF SERVICE I, Monika Hierman, hereby accept service of the Complaint for Partial Custody, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: OJ Monika Hierman LJ JAKUB HIERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 27, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 by the Court. A I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ?• i3_ Z s- l Q Jakub Hierman, Plaintiff v JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 3. 1 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: .2oo s - Jakub Hier'man, Plaintiff - ;- 1 JAKUB HIERMAN, V. Plaintiff MONIKA HIERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-519 Civil Term Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 27, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: V 5-//3 /0,?- Monika Hierman, Defendant _, -;. ???'. ,. , JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. DATE: Monika Hierman, Defendant C JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Defendant NO. 05-519 Civil Term Civil Action - In Divorce 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) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant accepted service of the complaint on January 31, 2005. An acceptance of service was filed with the prothonotary on February 3, 2005. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff May 13, 2005; by defendant May 13, 2005. 4. Related Claims pending: No related claims are pending. 5. Date plaintiff's Waiver of Notice was filed with the prothonotary: May 18, 2005 Date defendant's Waiver of Notice was filed with the prothonotary: May 18, 2005 DATED: FENSTERMACHER AND ASSOCIATES, P.C. By:r?- - John R. Fenstermach Supreme Court I.D. #29940 Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Plaintiff n> t ? n C'? c? cn ...?? 1 -t' GJ "'?? ^rf r C9 ??rn --i ?_ ?? ? K IN THE COURT OF COMMON PLEAS } OF CUMBERLAND COUNTY } } STATE OF PENNA. + JAKUB HIERMAN + * Plaintiff No. 2005 519 + + + } { * VERSUS + ± MONIKA HIERMAN Defendant + + } DECREE IN } DIVORCE + } * + AND NOW, `?4 I - T IS ORDERED AND + } + + DECREED THAT Jakub Hierman PLAINTIFF, + i + + AND Mnnikn Hiarmnn DEFENDANT, + * ARE DIVORCED FROM THE BONDS OF MATRIMONY. + + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + * BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT * } YET BEEN ENTERED; + None i w w ? * + } BY T COURT: + + + + + # Y + ATTEST: J. + + } R PROTHONOTARY y + # 7VV A^rpvl?? JAKUB HIERMAN, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 519 Civil Term f' CIVIL ACTION - CUSTODY MONIKA HIERMAN, Defendant COMPLAINT/PETITION FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: r? - ?3 1. Plaintiff is JAKUB HIERMAN, an adult individual who -n resides at 321 South York Street, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2. Defendant is MON I KA H I ERMAN, an adult individual who currently resides at 855 Lincoln Boulevard, Apartment C, Middlesex, New Jersey. 3. Plaintiff seeks the entry of a custody order involving the minor child, JAKUB NICK HIERMAN, D.O.B. April 5, 2002. 4. The parties were previously married, resided together in Cumberland County, and are the natural parents of the child. 5. During the past several months, the child has resided with Defendant at 855 Lincoln Boulevard, Apartment C. Middlesex, New Jersey. 6. The natural mother of the child is Defendant who resides with an unrelated, adult male named Milos Malina. 7. The natural father of the child is Plaintiff who resides with Deborah A. Hierman, his wife, and her son Aaron, age 12. 8. A current custody order exists docketed to No. 05-519 in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of the custody order is attached hereto as Exhibit "A". 9. 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. 10. Prior to Defendant's move to New Jersey, Plaintiff and Defendant agreed that the minor child would be attending school in or near Mechanicsburg, Pennsylvania so that both parents would have an active role in the child's education and Plaintiff believed that Defendant's move was temporary. 11. Plaintiff would like to enroll the minor child in kindergarten commencing with the 2007-2008 school year in the Mechanicsburg Area School District, and Defendant has not agreed to such request in accordance with their prior agreement. 12. Plaintiff is capable of providing a stable, supportive and loving environment for the child, a home with appropriate lodging and insuring the child is properly cared for and supervised if both parents are working. 13. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing that Plaintiff be granted primary physical custody of the child for the following reasons: (A) Plaintiff can provide a more stable life-style for the needs of the minor child than Defendant. (B) Defendant is presently residing with an adult individual 2 who may not have legal status in the United States. (C) Defendant's current living arrangements are not in best interest of the minor child. 14. Since moving to New Jersey, Defendant has not provided Plaintiff with consistent information concerning the minor child's health, living arrangements and activities. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 16. A more detailed custody order is in the best interest of all parties, including the establishment of vacation schedules, social schedules and changing primary physical custody from Defendant to Plaintiff. WHEREFORE, Jakub Hierman, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical custody with periods of partial physical custody to Defendant, all of which would be in the best interest of the minor child. Date: January 3 , 2007 Respectfully submitted, Andrew C. Sheely, i.re Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 VERIFICATION I verify that the statements made in this Complaint for Custody 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: January ,5 , 2007 .lk RECEIVED MAY I 'i IAI JAKUB HIERMAN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Respondent NO. 05-519 Civil Term Civil Action - In Divorce ORDER OF COURT AND NOW, this day of AIUV? , 2005, upon presentation of the foregoing Custody and Support Agreeme said Agreement is approved and made the Order of Court. By the Court: In my 1?U (?41 -411d Al, 2 ,:JJcil of said wt 71` : ?l's ; s ?a Th c .,....J.. .. 0?. .. a proth JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-519 Civil Term MONIKA HIERMAN, Respondent Civil Action - In Divorce - -;` t PETITION FOR ENTRY OF AGREEMENT 1. Petitioner is Jakub Hierman, who resides at 321 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Monika Hierman, who resides at 855 Lincoln Blvd., Apt. C, Middlesex, New Jersey. 3. Petitioner and Respondent were married on February 17, 2001. 4. The parties are the natural parents of Jakub Nick Hierman, age 3. 5. There is presently pending an action for divorce between the parties under Section 3301(c) of the Pennsylvania Divorce Code which is docketed to the above term and number. 6. On April 28, 2005, the parties entered into an agreement regarding custody and support of the child which is attached hereto and incorporated herein as Exhibit "A." 7. The best interests of the child will be served by the Court's entering said custody and support agreement as set forth at Exhibit "A" as an Order of Court. 8. Respondent has consented in writing to entering the agreement as an order of Court. Said consent is attached hereto and incorporated herein as Exhibit T." WHEREFORE, Petitioner requests this Court to approve the foregoing agreement and make it an order of Court. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By. -? John R. Fensterm Supreme Court I.D. #29940 ' Shane F. Crosby Supreme Court I.D. #92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Petitioner DATED: ? 7/ ?? 2 EXHIBIT 6W, CUSTODY AND SUPPORT AGREEMENT THIS AGREEMENT made this day of 2005, by and between Jakub Hierman of Mechanicsburg, Pennsylvania, hereinafter referred to as FATHER, and Monika Hierman of Middlesex, New Jersey, hereinafter referred to as MOTHER. WITNESSETH: WHEREAS, one (1) child was born of the parties' marriage, Jakub Nick Hierman. WHEREAS, the parties are desirous of establishing a custody and child support agreement, WHEREAS, each party acknowledges that he or she has read this Agreement, and that the Agreement is fair and equitable, and it is entered into knowingly and voluntarily. NOW THEREFORE, the parties have agreed to the following: 1. Mother and Father shall share legal custody of the child. Primary physical custody shall be vested in Mother. Father shall enjoy periods of partial physical custody as set forth in this Agreement. 2. Father shall enjoy periods of partial physical custody of the child on alternating weekends from Friday beginning at 5:00 p.m. until Sunday at 5:00 pm unless the parties agree otherwise on the times for exchange of custody. 3. The summer months shall continue with the alternating weekend schedule except for a six (6) week timeframe where the parties shall make arrangements for the Father to have custody for the first two (2) weeks, the Mother to have custody for the middle two (2) weeks, and the Father to have custody for the last two (2) weeks. 4. The Thanksgiving holiday shall be deemed to commence at 9:00 a.m. Thanksgiving Day and end at 5:00 p.m. the subsequent Sunday, regardless of the alternating weekend schedule, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 5. The Christmas holiday shall be handled in two segments, Segment A being from 9:00 a.m. Christmas Eve until noon on Christmas Day and Segment B being from noon on Christmas Day until 5 p.m. on December 26th. Father shall have custody during Segment A in 2005 and Mother shall have custody during Segment B in 2005, with the parties alternating each year thereafter. 6. The Easter holiday shall be deemed to commence at 9:00 a.m. and end at 5:00 p.m. on Easter Day, with Father enjoying custody in 2005 and the parties alternating each year thereafter. 2 7. Notwithstanding any other provision herein, Father shall enjoy custody on Memorial Day, Independence Day and Labor Day 2005, with the parties alternating each year thereafter. 8. Mother shall enjoy custody of the minor child on his birthday in 2005, with the parties alternating each year thereafter. 9. Notwithstanding any other provision herein, Father shall always enjoy custody on Father's Day and Mother shall always enjoy custody on Mother's Day, with each day being deemed to commence at 9:00 a.m. and end at 5:00 p.m. 10. The parties shall equally share transportation for the exchange of custody, with Father picking the child up at 5:00 p.m. on the Friday of Father's weekends and Mother picking the child up at 5:00 p.m. on the Sunday of Father's weekends, or with the parties meeting half-way both Friday and Sunday. 11. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. All school and health officials who deal with the child are expressly authorized to provide any and all information regarding the child to both parties. Each party shall notify the other of any matter 3 relating to the child which could reasonably be expected to be of significant concern to the other. 12. Each party must provide the other with a copy of all day care and school communications received by the party while the child is in his or her custody and also notify the other party with respect to all parent/teacher conferences. 13. Neither party may schedule the child for medical procedures without the notification and consent of the other party, except in the cases of emergencies. In the case of an emergency, the party having physical custody of the child at the time of the emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 14. Neither party may remove the child from the United States without the written permission of the other party. 15. Father agrees to pay Mother Five Hundred ($500.00) Dollars each month as child support, until the child reaches the age of eighteen (18), and to purchase additional clothing and other amenities for the child as needed. 16. This Agreement shall be governed, construed and enforced under the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and date first written above. 4 \NaT EXHIBIT "B" JAKUB HIERMAN, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. MONIKA HIERMAN, Respondent NO. 05-519 Civil Term Civil Action -- In Divorce CONSENT TO ENTRY OF AGREEMENT I, Monika Hierman, hereby acknowledge that I am the Respondent in the foregoing Petition for Entry of Agreement, that I have read and understood the contents of the said Petition and that I hereby consent to the entry of the Custody and Support Agreement dated 2005, as an order of Court. Monika Hierman, Respondent CERTIFICATE OF SERVICE AND NOW, on this 3rd day of May, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Petition for Entry of Agreement, by mailing a true and correct copy by certified and regular mail, addressed as follows: Monika Hierman 855 Lincoln Blvd, Apt. C Middlesex, New Jersey 08846 FENSTERMACHER AND ASSOCIATES, P.C. ,- Shane F. Crosby Ti a r v V ?e 4 JAKUB HIERMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-519 CIVIL ACTION LAW MONIKA HIERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 16, 2007 at 2:00 PM 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/ john j. Man an r. Es q. 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 .12 ti e a SEP 10 2007A JAKUB HIERMAN, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-519 Civil Term MONIKA: HIERMAN. Defendant : ACT10N IN CUSTODY Prior Judge- Edgar B. Bayley, P.J.. COURT ORDER AND NOW, this J day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Mon" Hierman, and the Father, Jakub Hierman, shall share legal custody of the Child, Jakub N. Hierman, date of birth 4/5/02. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's'general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited' to, medical, dental, religious or school records, the residence address of,the child and-of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies.thereof, with the other parent within such reasonable time as.to make the records and information of reasonable use to the other parent. 2. The. Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical,custody of the Child on alternating weekends from Friday 5:00,pm until Sunday 5:00 pm unless the parties may mutually agree to different exchange times. It is understood that Father may have additional custodial time as the parties may mutually agree. 4. The summer mionths shall continue with the alternating weekend schedule except for a six week tiimeframe wherethe parties shall make arrangements for the Father to have custody for the first two weeks, the Mother to have custody the second two weeks and the Father to.have custody for the last two weeks. 5. The parties. shall . share equally the transportation for the exchange of custody, with father picking. up the Child at 5:00 pm on the Friday of Father's weekends and the Mother picking the Child up at 5:00 pm on the Sunday of Father's weekends. Upon mutual agreement, the parties shall pick an exchange point half- way between their residences. Q) 6. During anyperiods of custodyor visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that.other household members and/orhouse guests comply with this provision. 7. The Thanksgiving-holiday shall begin at 9:00 Thanksgiving Day and end at 5:00 pm the subsequent Sunday,: regardless of the alternating weekend schedule, with father enjoying custody in 2007 and the parties alternating each year thereafter. The Christmas Holiday shall be arranged in two segments, segment A being from 9:00 am Christmas Eve until noon Christmas Day and Segment B from noon Christmas Day- until 5:00 pm on December 26". Father shall have custody during segment A i , 2007 and Mother shall have segment B in 2007, with the parties alternating each year thereafter. The Easter Holiday shall be deemed to commence at 9 00.am and end at 5:00 pm on Easter Day, with father enjoying custody in 2007 .and the parties alternating each year thereafter. Notwithstanding any ether provision herein, Father shall enjoy custody on Memorial Day, Fourth of July. and Labor Day in 2007, with the parties alternating each year thereafter. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:00 am and end at 5:00 pm. 8. Mother shall have custody of the Child on his birthday in 2007, with the parties alternating each year thereafter. 9. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. In the absence of agreement, the non-custodial parent shall contact the Child a minimum of four times. a week at 8:00 pm. 10. Mother. is directed to arrange for Father to view/inspect the Child's living arrangements and become acquainted with any individual(s) that may be residing with Child. 11. Neither party ,shallremove the Child from the United States without written permission of the other party. 12. In the event of a?medical Iemergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 13. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 14. This Order..is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terns of this* Order shall control. w Sh?IY? Esquire Co. vj[angan, Olin cv tl7 '- .pct 3 r La" CA l JAKUB HIERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-519 Civil Term MONIKA HIERMA T Defeat : ACT10N IN CUSTODY Prior Judger Edgar B. Bayley, P.J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915:3-8(B) the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who is the subject of this litigation is as follows: Name Date :of Birth Currently in the Custody of Jakob N. I ierman 4105702 Mother 2. A Conciliation Conference was held on February 16, 2007 with the following individuals in attendance: The Father, Jakob Hierman, with his counsel Andrew Sheely, Esquire The Mother, Monika Hierman, with her counsel, John M. Glace, EsquireThomas Gould, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: l? John gan, Esqu Custody Conciliator