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HomeMy WebLinkAbout05-0667 JE1MY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05 - fd-7 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jeimy Fernandez, residing at 58 N. Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Pedro Fernandez, residing at 4 Spartan Ave., Lakewood, NJ 08701. 3. Plaintiff seeks custody of the following child: Name Angelo M. Fernandez Present Residence 58 N. Orange Street Carlisle, PA 17013 DOB 9-29-03 Age I yr. 4 mos. The child was not born out of wedlock. 4. The child is presently in the custody of Jeimy Fernandez, residing at 58 N. Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jeimy & Pedro Fernandez 4 Spartan Ave. Lakewood, NJ 08701 Birth to 4/30/04 Jeimy Fernandez 58 N. Orange St. Carlisle, P A 17013 4/30/04 to present 5. The mother of the child is Jeimy Fernandez, residing at 58 N. Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the child is Pedro Fernandez, residing at 4 Spartan Ave., Lakewood, NJ 08701. He is married. 6. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Paul A. Hernandez Relationship Brother 7. The relationship of defendant to the child is that off ather. The defendant currently resides with the following persons. Name ~anuel Fernandez ~anue Fernandez Relationship Father Brother 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child to date. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the Defendant may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff requests this Court grant primary physical custody with Mother and partial physical custody with 7Father at times agreed upon by the parties or deemed appropriate by the Court. Respectfully submitted, Date: {, - L-I-o f ') Mark F. Bayley, ESqtllfe 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court 10 # 87663 Attorney for Plaintiff VERIFICA nON I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. V,(J~'d2-(, ez, Plaintiff - ~ tV\L rz~ <....0 ~ -0 <>v- fi) \) ~ () ifl. -- -- V) \::;J ~ r J .-.\ ~,t, -r-l i.~....c\)\~'..9 f':?;l), V -0' "rl..:.,"~id -." :'-\'~'\\ '~,~-1 -T"~ .>.~ ~, r-.' C~ -';'_::} ,':....'1- -n rn t..1.:1 \ -' (;..,? (~') ':-:n CJ - JEIMY FERNANDEZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-667 CIVIL ACTION LAW PEDRO FERNANDEZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 10,2005 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle _ on Thursday. February 17, 2005 . the conciliator. at 10:30 AM for a Pre-Hcaring 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 penn anent order. The court hereby directs the parties to furnish any and all existinl: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: /s/ Hubert X. GiJrov, Esq. Custody Conciliator -=r\ The Court of Common Pleas of Cumberland County is required by law (0 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 COllli, 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 HA VE 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 Bedtt)fd Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 I 66 ,~ ("4r?' ;f, 'fr j...J?,Jp'.-.rl!f'/ "'~.) r . '/ (I''' ;p ~ ,;<J JI . t / !Ill? t /lfJ~7Y!1 7~7vl/"'}<J ,7/ l /' k2 12J7 .~7 1. '/lpf'>'>yf/ ~" .f??')?; )'/ .(-0. r./i:/ 71/' ('/ ' 7' , . . l' 1\.)... n! ,-""\ U I ._~, .:\ }' W~ I"l',; ;1 JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY COURT ORDER AND NOW, this 10' day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Pedro Fernandez, and the mother, Jeimy Fernandez, shall enjoy shared legal custody of Angelo M. Fernandez, born September 29,2003. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy liberal periods of temporary custody with the minor child at such times as agreed upon by the parties. 4. In the event the father is dissatisfied with the amount of custody of the child provided to him by the mother, the father may request another custody conciliation be set in this case. Father may do that either by filing a petition or contacting the Conciliator directly in writing to request another conference. 5. It is noted that there is a question with respect to whether father received notice of the conciliation conference. In the event father wants to contest the entry of this order and wants to assert more custody rights that are not provided to him under this order, father may file a petition with the Court to have the case scheduled again before the Custody Conciliator at which time this order shall not in any way prejudice father's position. BY THE COURT, .44 cc: ~rk F. Bayley, Esquire ~dro Fernandez ~ ---- , , - JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I9I5.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Angelo M. Fernandez, born September 29, 2003. 2. A Conciliation Conference was held on March 4, 2005, with the following individuals in attendance: The mother, Jeimy Fernandez, with her counsel, Mark Bayley. The father did not appear and there may even be an issue with respect to the father receiving notice with respect to the scheduled conciliation date. 3. The mother related that the parties have been separated since September of 2004 and that she has had custody of Angelo since that time. She indicates father has had periods of temporary custody with Angelo pursuant to a schedule that the parties themselves work onto Based upon this information, the Conciliator recommends an order in the form as attached. s( ) I 0 ~ DATE JE1MY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 2005 - 667 CIVIL IN CUSTODY PETITION FOR MOTHER TO ASSUME PRIMARY LEGAL CUSTODY FOR THE SOLE PURPOSE OF OBTAINING A PASSPORT And now, comes Jeimy Fernandez, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Petition, avers as follows: I. Pursuant to a conciliation recommendation, the Honorable Kevin A. Hess entered the first and only Order in connection with the above custody action on March 10,2005. 2. Said Order grants the parties shared legal custody and grants Mother primary physical custody with temporary custody by Father at times agrc:ed upon by the parties. (Attached as Exhibit "A".) 3. Mother is originally from Columbia and moved to the United States in July of2000. 4. The parties were married in October of2002 and separated in September of2004 and were subsequently divorced. 5. After the parties' separation, Mother remained in Cumberland County and Father moved out of the state; Father is currently living in the State of New Jersey. 6. Since the parties' separation and since the March 10,2005 Court Order, Father has exercised temporary custody with the child by agreement on various occasions. 7. Mother now wishes to take a vacation to Columbia for the purpose of seeing and introducing the child to family in that country. 8. Mother cannot obtain a U. S. Passport for the child without Father signing the application or without an Order granting Primary Legal Custody. 9. Father has refused to sign off on the child's passport application. 10. Mother continues to develop strong ties with this area:, Mother is currently employed with two full-time jobs in Cumberland County. II. Mother respects Father's right to take part in the child's life and loves living in this country; she has absolutely no plan of absconding to Columbia or any other place with the child. 12. Mother simply wishes to take a vacation and visit family with the child in her home country . WHEREFORE, Mother respectfully requests that the Court grant her primary legal custody for the sole purpose of obtaining a Passport for the child. Respectfully submitted, Date: t L~ [~/O~ ~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Comt ID # 87663 Attorney for Plaintiff VERIFICATION I verifY that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 9 4904 relating to unsworn falsification to authorities. IQ l::ZblOlJ ~,~-: ,,- PA ~Y'a(j't~t-. ~dez, Plaintiff JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 2005 - 667 CIVIL IN CUSTODY CERTIFICATE OF SERVICE !, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certifY that 1 this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pedro Fernandez c/o Manuel Fernandez 500 Clifton Ave., Apt. #105 Lakewood, NJ 08701 l/G (Z-zq~a;- Mark F. Bayley, Esquir Attorney for Plaintiff Dated: ,~ '. "~I oen" Y' ~(~ JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY COURT ORDER AND NOW, this JQl:h day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Pedro Fernandez, and the mother, Jeimy Fernandez, shall enjoy shared legal custody of Angelo M. Fernandez, born September 29, 2003. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy liberal periods of temporary custody with the minor child at such times as agreed upon by the parties. 4. In the event the father is dissatisfied with the amount of custody of the child provided to him by the mother, the father may request another custody conciliation be set in this case. Father may do that either by filing a petition or contacting the Conciliator directly in writing to request another conference. 5. It is noted that there is a question with respect to whether father received notice of the conciliation conference. In the event father wants to contest the entry of this order and wants to assert more custody rights that are not provided to him under this order, father may lIile a petition with the Court to have the case scheduled again before the Custody Conciliator at which ti."Ile this order shall not in any way prejudice father's position. BY mE COURT, ~ Judge e x..1f)~11 '1 All cc: Mark F. Bayley, Esquire it; r,'. Pedro Fernandez :','.J~, JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY 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 child who is the subject of this litigation is as follows: Angelo M. Fernandez, born September 29, 2003. 2. A Conciliation Conference was held on March 4, 2005, with the following individuals in attendance: The mother, Jeimy Fernandez, with her counsel, Mark Bayley. The father did not appear and there may even be an issue with respect to the father receiving notice with respect to the scheduled conciliation date. 3. The mother related that the parties have been separated since September of 2004 and that she has had custody of Angelo since that time. She indicates father has had periods of temporary custody with Angelo pursuant to a schedule that the parties themselves work out. Based upon this information, the Conciliator recommends an order in the form as attached. 3(;/ O~ DATE q1V>1 Hubert X. ~~~:Z: Esquire Custody c/tor ~ Q f' ~ L ~ ~ '<A "-.,II. o <:> o .~ ~ !f ~ r.. -..;; o ,- ~-- r-'" ,:,',"l c::) c..i' c:: 1':\ ,-') \"....) ....0 ....(. ..-~ o "It .-' :r: --1'1 \",11 ::;.::: _r'Jrn ,,-) " i ';\(,~; '~~~~~;~'~\ '.' ~~:-\ ~~ c..) --, JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, Defendant IN CUSTODY IN RE: PETITION TO ASSUME PRIMARY LEGAL CUSTODY ORDER AND NOW, this /0' day of January, 2006, a rule is issued on the defendant to show why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, - 4;1 D,QLP \' \ () , \ 'l :\j t1d 0 . MARK F. BAYLEY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, DEFENDANT IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Jeimy Fernandez, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Motion avers as follows: 1. Petitioner filed her Petition for Mother to Assume Primary Legal Custody for the Sole Purpose of Obtaining a Passport on December 29, 2005. (said Petition is attached as Exhibit "A"). 2. The Court issued Rule to Show Cause on Defendant why the relief requested in said Petition ought not to be granted on January 10, 2006. (Order attached as Exhibit "B"). 3. It has been well over a month since undersigned counsel served Defendant with the above Order at the address Defendant last provided undersigned counsel. 4. To date, Defendant has failed to respond to the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that the Rule issued on January 1 0, 2006 be made absolute and that Petitioner be granted the relief sought in her Petition filed December 29, 2005. Dated: ~- ~ \ -Up Respectfully submitted, IRWIN & BAYLEY MM' F. "'yloy, E"'I~ 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court LD. # 87663 MARK F. BAYLEY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, DEFENDANT IN CUSTODY ATTORNEY VERIFICATION MARK F. SA YLEY, ESQUIRE, states that he is the attorney for Jeimy Fernandez, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: S ~ ~l- D0 . MARK F. BAYLEY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Jeimy Fernandez, Plaintiff, do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pedro Fernandez 235 E. Fourth Street Lakewood, NJ 08701 lAA Dated: ~-s\-u(p Mark F. Bayley, Esquire Attorney for Petitioner ,-' . , -' C') ..,.... -n :~ ~'" .. ...,,~I , "./ -T' - <J , .. , ., r" -;~J r-..:> '< JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 2005 - 667 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this day of ,200_, Jeimy Fernandez is hereby granted primary legal custody of Angelo M. Fernandez, born September 29, 2003, for the purpose of obtaining a U. S. Passport for Angelo M. Fernandez. The parties will continue to share legal custody with regard to matters not pertaining to the Passport. BY THE COURT: J. t XH) l\/7 ') F(~!~~ "['On 0"\' T I -, )', LJ U I'y". }'\ r C ~ . J l__ !\ ~ c 'I~I (: ;'-"):> ^')!} L L, "~ '~l,)!/) "~-~/-!;/" / f U t/" _1- -- (,4 C- .... ) V'I./LA~1' '.1..-- A" '- .r {Jilt I) &XH//J,IT "A II JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 2005 - 667 CIVIL IN CUSTODY o r-;-I n '" \.D n c~ ,...., c, .::;:::) :;--,-~ PETITION FOR MOTHER TO ASSUME PRIMARY LEGAL CUSTODY FOR THE SOLE PURPOSE OF OBTAINING A PASSPORT- .' -( And now, comes Jeimy Fernandez, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Petition, avers as follows: 1. Pursuant to a conciliation recommendation, the Honorable Kevin A. Hess entered the first and only Order in connection with the above custody action on March 10,2005. 2. Said Order grants the parties shared legal custody and grants Mother primary physical custody with temporary custody by Father at times agreed upon by the parties. (Attached as Exhibit "A".) 3. Mother is originally from Columbia and moved to the United States in July of 2000. 4. The parties were married in October of2002 and separated in September of2004 and were subsequently divorced. 5. After the parties' separation, Mother remained in Cumberland County and Father moved out of the state; Father is currently living in the State of New Jersey. 6. Since the parties' separation and since the March 10,2005 Court Order, Father has exercised temporary custody with the child by agreement on various occasions. v o -n .-1 I-n rll;= -r~ fn ;,'~;:~~~ : -'" -:-2.1 " ;CJ ;-_"jlT1 ~~ -< w ~ -.J 7. Mother now wishes to take a vacation to Columbia for the purpose of seeing and introducing the child to family in that country. 8. Mother cannot obtain a U. S. Passport for the child without Father signing the application or without an Order granting Primary Legal Custody. 9. Father has refused to sign off on the child's passport application. 10. Mother continues to develop strong ties with this area; Mother is currently employed with two full-time jobs in Cumberland County. 11. Mother respects Father's right to take part in the child's life and loves living in this country; she has absolutely no plan of absconding to Columbia or any other place with the child. 12. Mother simply wishes to take a vacation and visit family with the child in her home country. WHEREFORE, Mother respectfully requests that the Court grant her primary legal custody for the sole purpose of obtaining a Passport for the child. Respectfully submitted, Date: l Z~ [1/0~ Ul/.r Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 170/3 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. - I - ,,' ,- l':{ '/.'t' ,\..__'1) ,- \. ,~ ...---.-' \ .V. "I'f' - :=-1-- ..\ ,,\('t' 7, /1,lllH,~/ ~- ,It,!{)I;'L'.r ,A ! Jeifuy F ertlandez, Plaintiff JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 2005 - 667 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pedro Fernandez c/o Manuel Fernandez 500 Clifton Ave., Apt. #105 Lakewood, NJ 08701 l;;~D (Z-Z9~a;- Mark F. Bayley, Esquir Attorney for Plaintiff Dated: ,>' i;'" 1 't,n~ :i" ~,!- -~ JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY COURT ORDER AND NOW, this J.QJ:h day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Pedro Fernandez, and the mother, Jeimy Fernandez, shall enjoy shared legal custody of Angelo M. Fernandez, born September 29,2003. 2. The mother shall enjoy primary physical custody of the minor "ilild. 3. The father shall enjoy liberal periods of temporary custody with the minor child at such times as agreed upon by the parties. 4. In the event the father is dissatisfied with the amount of custody of the child provided to him by the mother, the father may request another custody conciliation be set in this case. Father may do that either by filing a petition or contacting the Conciliator directly in writing to request another conference. 5. It is noted that there is a question with respect to whether father received notice of the conciliation conference. In the event father wants to contest the entry of this order and wants to assert more custody rights that are not provided to him under this order, father may fIle a petition with the Court to have the case scheduled again before the Custody Conciliator at which ti.lue this order shall not in any way prejudice father's positi.on. BY THE COURT, J5J ~"in s:1.~ Judge '.1-' .,." , , n .j. ,; cc: Mark F. Bayley, Esquire Pedro Fernandez h\ T..'::'.'- )., -' ~.",.: h~;-o"->~ .,..-,";,j EX/fJI1II 11 A J} JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PEDRO FERNANDEZ, Defendant NO. 2005 - 667 IN CUSTODY 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 child who is the subject of this litigation is as follows: Angelo M. Fernandez, born September 29,2003. 2. A Conciliation Conference was held on March 4, 2005, with the following individuals in attendance: The mother, Jeimy Fernandez, with her counsel, Mark Bayley. The father did not appear and there may even be an issue with respect to the father receiving notice with respect to the scheduled conciliation date. 3. The mother related that the parties have been separated since September of 2004 and that she has had custody of Angelo since that time. She indicates father has had periods of temporary custody with Angelo pursuant to a schedule that the parties themselves work out. Based upon this information, the Conciliator recommends an order in the form as attached. 3/;1 0 ~ DATE ~~~l!~ JEIMY FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, Defendant IN CUSTODY IN RE: PETITION TO ASSUME PRIMARY LEGAL CUSTODY ORDER AND NOW, this 10' day of January, 2006, a rule is issued on the defendant to show why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, .4;1 e iCHI(J IT II ~ J I. J I ,- . . . MARK F. BAYLEY, ESQUIRE ATTORNEY ID NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF A n ^--C G::'.:E,VED APR \, u L,ij <:( ~\ JEIMY FERNANDEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-667 CIVIL PEDRO FERNANDEZ, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW this ,- day of A:p"? , 2006, the Defendant having failed to respond to the Rule to Show Cause issued January 10, 2006 within twenty (20) days of Service of said rule, the Rule is made absolute. Jeimy Fernandez is hereby granted primary legal custody of Angelo M. Fernandez, born September 29, 2003, for the purpose of obtaining a U. S. passport for Angelo M. Fernandez. The parties will continue to share legal custody with regard to matters not pertaining to the passport. By the Court: pistribution: Jt'v1ark F. Bayley, Esquire jedro Fernandez 4tL J. ,~\J rJ/)\l .,.,..1:-,'.... 'i10 6 il .r"'1 '-Il~' )\... ";) Lil 9- ~')d'i JGDZ AU.\!',.l,'~" =:-!1 :!Ci