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HomeMy WebLinkAbout05-2394 Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. pj- - ;l.:1 'i4 CIVIL IN DIVORCE / CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-91 08 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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. Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. ()5. :L 31 'f CIVIL IN DIVORCE / CUSTODY COUNT I COMPLAINT UNDER SECTION 3301(c) & (d) OF THE DIVORCE CODE I. Plaintiff is Jessica Lynn Herrera, an adult individual, who resides at 113 2nd Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Lawrence Mathew Herrera, an adult individual, who resides at 114 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 2002 in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II COMPLAINT FOR CUSTODY 9. Previous paragraphs are incorporated by reference. 10. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Mason Lawrence Herrera 113 2nd Street Boiling Springs, PA 7/2/01 3 yrs. 9 mos. Ragen Alexandrea Herrera 113 2nd Street Boiling Springs, PA 61l7/02 2 yrs. 10 mos. The children were born out of wedlock. II. The children are presently in the custody of Jessica Lynn Herrera, residing at 113 2nd Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 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 Jessica Herrera. Ruth & Gary Bucher & Melissa Nissel 113 2nd Street Boiling Springs, PA 21l2/04 to present Jessica & Lawrence Herrera 114 Amy Drive Carlisle, P A 6/22/02 to 2/12/04 Jessica & Lawrence Herrera 355B N. Hanover St. Carlisle, PA 3/2/01 to 6/22/02 12. The mother of the children is Jessica Lynn Herrera, residing at 113 2nd Street, Boiling Springs, Cumberland County, Pennsylvania 17007. She is married. 13. The father ofthe children is Lawrence Mathew Herrera, an adult individual, who resides at 114 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 14. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Gary & Ruth Bucher Melissa Nissel Relationship Parents Sister 15. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Joe Rosario Relationship Friend 16. 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. Plaintiff has no information of a custody proceeding concerning the children 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 children and claims to have custody or visitation rights with respect to the children. 17. 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 children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unruet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. The continuing welfare of the children will be assured if temporary physical custody is awarded to the Plaintiff pending the hearing on this Petition subject to such partial physical custody for purposes of visitation as may be mutually agreed upon the parties. WHEREFORE, Plaintiff requests this Court grant Plaintiff temporary primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: ../ )-1-o\, rM..--rAY 0 1rJA- Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 89028 Attorney for Plaintiff Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Lawrence Mathew Herrera, Defendant CIV1L ACTION - LA W No. CIVIL IN DIVORCE 1 CUSTODY NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 12, 2004, and have continued to live separate and apart; the two-year period for continued separation will be on February 12,2006. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: 6 he / aCXY7 L essica ~ynn Herrera, Plaintiff Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. CIVIL IN DIVORCE I CUSTODY DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. S 4904 relating to unsworn falsification to authorities. Date: Lawrence M. Herrera, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LA W No. CIVIL IN DIVORCE 1 CUSTODY VERIFICATION 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. Ii ~ - <;;- ~ v:> ~ ;::J -r<( ~ <0:> ~ -\-l " ~\~ ~ , V'\ ':;i ...... '" ~ .~.~~ ()<;:'" 5" '- ~ ~- 5>-- "'~ '"'" C) " ~,.,' 'C'? C-.:) " r' -", I ,0 -0 ::,'':' c;: c., o ~1l. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA LYNN HERRERA v. 05-2394 CIVIL ACTION LAW LA WRENCE MATHEW HERRERA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 13, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforc Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Conrthouse, Carlisle on. . .F~iday,_Jul1~.o.~,2~Oii_._ , the conciliator, at 10:30.AM for a Pre-Hearing Custody Conference. At such conferencc, an effort will be made to rcsolve the issues in dispute; or jfthis cannot be accomplished. to define and narrow the issues to bc heard by the court, and to enter into a temporary order. All children agc five or older mav also be present at the confercnce. Failurc to appear at the conlerence mav 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 bours prior to scheduled hearin\!. FOR THE COURT. By: /s/ Hubert X Gilrr.JX,.. Es~~_ Custody Conciliator f' 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 oftice. 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 A TTORNEY 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) 249-3 166 7?-..-.L cl.-,vn-n.'!x,' . '../ ..,."... jP???Yd ~/ p';r' / :' . IT . V/, v >0 t/,> .. ,j/7J?' 2. ~ ~l0 >vf!S- ro/Z1l ft1J?-. ~ 4r#/J:-"'V ,>'0 D'" >' ~~ Z :C 1'::1 ::: },',:U SuD,l i ~.:~Hl J,:,: .., JESSICA LYNN HERRERA, Plaintiff RECEIVED JUN 15 2005 r(\ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LAWRENCE MATHEW HERRERA, Defendant NO. 05-2394 IN CUSTODY COURT ORDER AND NOW, this -z.<I day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jessica Lynn Herrera, and the father, Lawrence Mathew Herrera, shall enjoy shared legal custody of Mason Lawrence Herrera, born July 2, 2001, and Regan Alexandria Herrera, born June 17, 2002. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy liberal periods of temporary custody of the minor children at such times and under such circumstances as agreed upon by the parties. 4. In the event the parties reach a situation where they are uuable to agree upon a schedule of visitation that is satisfactory to the father, father may at anytime petition the Court to have this case again scheduled with the Custody Conciliator for a .;1.---~. /~ /- l BY:mECO i / ,/ h , Conference. cc:.Michael J. Whare, &quire ~wrence Mathew Herrera ~ I RLED~O(;r!CE 1"\<': TH~ tp"--' '''''lY''''V VI 1: l-'!":,.):(:,,,;j';~)jr.r; 2005 JUN 20 AI'! 8: 58 C'Il'", - \...-L.:.,_: - ~ JESSICA LYNN HERRERA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LAWRENCE MATHEW HERRERA, Defendant NO. 05-2394 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 children who are the subject of this litigation is as follows: Mason Lawrence Herrera, born July 2, 2001 and Regan A1exandrea Herrera, born June 17, 2002. 2. A Conciliation Conference was held on June 3, 2005, with the following individuals in attendance: The mother, Jessica Lynn Herrera, with her counsel, Michael J. Whare, Esquire, and the father, Lawrence Mathew Herrera, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. ~/(fl tJr DATE Hubert X. Gilroy, E Custody Conciliato Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. 05-2394 CIVIL IN DIVORCE 1 CUSTODY 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. Grounds for divorce: irretrievable breakdown under S 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service, May 25, 2005, filed on October 18, 2005. 3. Date of execution of the affidavit of consent required by S 3301(c) of The Divorce Code: by the Plaintiff October 15, 2005; by the Defendant, October 15, 2005. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: October 18, 2005. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: October 18, 2005. Date: October 19, 2005 ~~e,~::-/L 155 South Hanover Street Carlisle, PAl 70 13 (717) 241-6070 Supreme Court ID No. 89028 ,-, c:::::> 0 C-,? "'n cfl 0 ::;:J {,";' t..::.' (.0 , ~l ,,~ :cij C'~ .....~ Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No.05-2394 CIVIL IN DIVORCE 1 CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of 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 herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: jOV~/JO'S (') c ....., c;::.." c::::) c.n o (-) -; co o "'n .--\ ~... I'li:D r.... ~~; , ' ~:j,~.) 0: -; 6f.l>l ~ .-< :;.-: ';? .r '-^, Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. 05-2394 CIVIL IN DIVORCE 1 CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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. S4904, relating to unsworn falsification to authorities. Date: /olt.'iboo-S . , "', C:;<.' c::> ..::..;) e...-"l --n co -- ,""'" . , ...... co -I') ..> (,..) ~,~-. .r:- (.,) Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. 05-2394 CIVIL IN DIVORCE 1 CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Datd1; /-C; -tJ'J J;!4,~ . Lawrence Herrera, Defendant Cl (0;', ~ -;) ~~{\ \'""'-) Cc::> ~ZA c?- -i... i. --' -- c::. .....-;:': :;.c: \ -/- .'.0 .~. c.;? s:-.. 'r ......------- Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. 05-2394 CIVIL IN DIVORCE 1 CUSTODY AFFIDAVIT OF CONSENT AND ACKNOWLEDGEMENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 9, 2005, and 1 acknowledge receipt of a copy ofthe same, for which I signed an Acceptance of Service on May 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 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. 94904, relating to unsworn falsification to authorities. Date: \17 ~ )~ ,! "5 o s:~~. .r'-.\ ..-' c' ~,') ~J1. o (". ~. o .un .-\ :,", r\"". -- c,) "",,:i - -" o s::- c....,) Jessica Lynn Herrera, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence Mathew Herrera, Defendant CIVIL ACTION - LAW No. 05-2394 CIVIL IN DIVORCE 1 CUSTODY ACCEPTANCE OF SERVICE I, Lawrence M. Herrera, do hereby accept service of the Complaint in Divorce/Custody in the above-captioned action and I certify that I am authorized to do so. sZ~---s- Date BY: >d~~ '" ~ Lawrence Mathew Herrera, Defendant (j (- '-> <;~; i::j'l l::'> s:.~; 8 -l -r: (-n co ~ (!? .r.- (.,) " " " " " . . " " . " " . " " " " +" +' + +. 'f + :+. . " . " . " . . " . . " . . " . " " " . . . . . . . . . . . . . . " . " . . . " . " " " " " " " " " " " " " . " " " . " " " " " " " . " " . " " " '*':+;:+. l' ;1':1'<+ ++'f+Of.+ ++ +' +''+:++''1':+ +' +.:+: '+i;f. " += +' +. 'f.:+ :+.:+ +; +' Of. 'Ii +: '+':t 1i++++.'+. :+++.+.++++ " . . " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Jessica Lvnn Herrera Plaintiff No. 05-2394 VERSUS Lawrence Matthp.w Herrera Defendant DECREE IN DIVORCE AND NOW, ~w , ~S-: IT IS ORDERED AND Z? DECREED THAT ~Jesg:j eel Lynn HArrPT;::a , PLAINTIFF. AND Lawrence Matthew Herrera , 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 OU~ a .. I , ~~~OT"O'O,^"' J. ... . '*':+:+:t'l- :+'" :+. 'f':+,:+. "':+ +' . .. :+. +' +' +. ;;: +. 'f:+':+. H '+'++''f:+'Of +'++'1':+:++:+:+:+'++++++'1':+++++ . " . . . . . . " . . . . . " . . . " . " . . . . " " " " " . " " " " " " . . . " . . " . " . . . " " . " . " " . . . . . . . . . " . " . " " " . . " . " " " " " " " " " " " " " " " " " .~.? ;;? ?'tfT'?:MJ ~q?, 5./' L c' ,)/ ?>"J":f71.jr" .2 /''}r'"'''''' ~4:p r-;? 9)' i. ~:7/ . . ,,- .- . Jessica Lynn Herrera, Now Jessica Lynn Hughes Plaintiff v. Lawrence Mathew Herrera, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO.OS-2394 CIVIL TERM CERTIFICATE OF SERVICE I, Ashley Ferguson, Certified Legal Intern, Family Law Clinic, hereby n r= 4~i` c.__ -- ~-;- t. c.~: ~ ~;, -;, ;N, - o c-., tifv`~'tllat ~- served a true and correct copy of the Petition to Modify Custody on Jessica Hughes, th Defendant, on July 30, 2010, at 567 Mountain Road, Boiling Springs, PA, 17007 by d ~ 'ositin on this date, a copy of the same in the United States mail, postage prepaid. I verify that the statements made in this Affidavit of Service aze true and corre ' to the best of my personal knowledge and belief. I understand that false statements herein az~~ made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities ~I. 30 Co `~`'~ Date ~i Ashle Fer son '~' y ~ Certified Legal Intern ',' FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 =~~ - ~~ ,: JESSICA LYNN HERRERA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA u' 2005-2394 CIVIL ACTION LAW LAWRENCE MATHEW HERRERA 1N CUSTODY DEFF..NDANT ORDER OF COURT AND NOW, Tuesday, August 10, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at_ 4th Floor ,Cumberland County Courthouse, Carlisle on Monday, August 23, 2010 at 2:30 PM for aPre-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. 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/ Hubert X. Gilro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y OU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 5ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association t--; o ~_> 32 South Bedford Street g • ~ a• 1 O Gam. Cc~ ~(~,~ te,c) 17013 l i l P li _` '' --a ' ~ '^ ~ ~; van a ennsy s e, FQXY~+- ` ~ ~ Car ~`MC- Telephone (717) 249-3166 ,, , ~ - lY~~-. ~Q.C~ "~C7 g•. Ip. ~ ~ Nati c~ - ° a ~ ~~~.. ~y ~ ~ U ~ Jessica Lynn Herrera, : IN THE COURT OF COMMON PLEAS OF Now Jessica Lynn Hughes : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. : IN CUSTODY Lawrence Mathew Herrera, Defendant : NO. 05-2394 CIVIL TERM CERTIFICATE OF SERVICE 3 I, Ashley Ferguson, Certified Legal Intern, Family Law Clinic, hereby certify that I w CIO served a copy of the August 10, 2010 Order of Court on Jessica Hughes, the Plaintiff, on August 17, 2010, at 567 Mountain Road, Boiling Springs, PA, 17007 by depositing, on this date, a copy of the same in the United States mail, postage prepaid. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities )Nate ?r"V c" . Ashley Fergus Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ~JC1' p 1[010 JESSICA LYNN HUGHES (f/k/a JESSICA LYNN HERRERA), Plaintiff vs. LAWRENCE MATHEW HERRERA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2005-2394 IN CUSTODY ~-~ c~ ..."~. ~~ ~. -gym f"r`; >' :x~! LJ`> ~' ~-, n., C:,7 C7 r~ C.., Prior Judge: The Honorable Albert H. Masland COURT ORDER r} ~ -, ` ~a .~- r~,. fin.. NOW, this ~~iday of October, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of June 20, 2005 is vacated and replaced with the following TEMPORARY order:: 1. The mother, Jessica Lynn Hughes, and the father ,Lawrence Mathew Herrera, shall enj oy shared legal custody of Mason Lawrence Herrera, born July 2, 2001, and Ragen Alexandria Herrera, born June 17, 2002. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy temporary physical custody of the minor children as follows: A. Starting Saturday, October 9, 2010, on alternating weekends for each Saturday and Sunday from 9:00 until 7:00 p.m. on Saturday and from noon until 7:00 p.m. on Sunday. B. At such other times as agreed upon between the parties. 0 ~~ '°""~ ] a`_`. ~, --~c, =~= ~t :? --1 r`~: i ~,3 4. Legal counsel for the parties shall conduct a telephone conference with the Custody Conciliator on Thursday, December 2, 1010, at 8:30 a.m. At this conference and in the event the custody situation has been going well, it is anticipated that father's periods of time will be expanded to start some overnights. 5. In the event there are any problems with the custody situation that merit immediate attention by the court, legal counsel for the parties may contact the Custody Conciliator directly who may then, as appropriate, file a supplemental report with the Court. 6. When father has custody of the minor children, the following shall apply: A. Father shall insure that there are no cats in his home on a permanent or temporary basis and take the necessary steps to insure that the allergy issues for his child Mason are addressed. B. Father shall insure that a licensed driver provides transportation for exchange custody in a motor vehicle that is registered and insured. 7. Exchange of custody shall be handled with the receiving party picking the child up at the beginning of the custody period and at the end of the custody period. 8. This order provides that both parents have shared legal custody of both minor children. Consistent with the shared legal custody arrangement, all medical providers, educational institutions dealing with the children and other appropriate entities are hereby authorized to share with both parents all information concerning the health, welfare and safety of the children. 9. In the event father is late more than thirty minutes for purposes of exchange of custody at the start of a custody period, mother is relieved from any obligation to deliver the children to the father on that day. Additionally, father shall insure that he is not working on the days that he has custody of the minor children. ~ As~l,ey ~~uso~ -~~;/y ~~ ~ Paws ~ f~~~l~y, ~. C4pres ~.a.. l~d 10~~/~v BY THE COURT, .~-> ~' ; ~o ..........,~~, Judge 1e/GC JESSICA LYNN HUGHES (f/k/a JESSICA LYNN HERRERA), Plaintiff vs. LAWRENCE MATHEW HERRERA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2005-2394 IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Mason Lawrence Herrera, born July 2, 2001, and Ragen Alexandria Herrera, born June 17, 2002. 2. A Conciliation Conference was held on September 30, 2010, with the following individuals in attendance: The mother, Jessica Lynn Hughes, with her counsel, Paul J. Helvy, Esquire, and the father, Lawrence Mathew Herrera, with his counsel, Certified Legal Intern Ashley Ferguson of the Dickinson School of Law Family Law Clinic 3. The parties agree to the entry of an Order in the form as attached. Date: l/ G~ ~ , 2010 Hubert X. Gil y, Esquire Custody Co iliator JAN 1-0 20 ? -" JESSICA LYNN HUGHES (f/k/a JESSICA LYNN HERRERA), Plaintiff vs. LAWRENCE MATHEW HERRERA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-2394 IN CUSTODY Prior Judge: The Honorable Albert H. Masland COURT ORDER AND NOW, this day of January, ?m r- c? ?y c_ ?.t m ate. ??? 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 1, 2010, shall remain in place subject to the following modifications: Father's periods of temporary custody on alternating weekends shall be from 9:00 a.m. on Saturday until 7:00 P.M. on Sunday. 2. Father will insure that the children are driven in a vehicle for purposes of exchange of custody or otherwise such that each of them will have their own seatbelts. 3. It is anticipated that father will be providing a Sunday evening dinner to the children before he returns the children to the mother Sunday evening at 7:00 p.m. 4. Father will insure that the children are able to attend any scheduled activities on the weekends he has custody and the mother shall keep father informed with respect to the children's athletic, school and related schedules. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, March 24, 2011, at 8:00 a.m. Additionally, in the event any matters develop prior to this telephone conference, legal counsel for the parties may contact the Conciliator directly to schedule a conference call in advance of this date. BY THE COURT, Y " u"" Judge cc: /Ashley Ferguson, Certified Legal Intern a-ie Paul J. Helvy, Esquire le rl CAP ?l ?'?ol? JESSICA LYNN HUGHES (f/k/a JESSICA LYNN HERRERA), Plaintiff VS. LAWRENCE MATHEW HERRERA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-2394 IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a second custody conciliation with the parties and their attorneys on January 6, 2011. Based upon that conference, the Conciliator recommends an Order in the form as attached. Date: January ", 2010 i Hubert esquire Cu onciliator JESSICA LYNN HERRERA, Plaintiff V. LAWRENCE MATTHEW HERRERA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2394 CIVIL ACTION - LAW IN CUSTODY c o 0 rn - rn MM s ? r n '0m r ?? w ? Qtv yz x'- .. > CO ;:0 McNees Wallace PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of J. Paul Helvy, Esquire, and & Nurick LLC, on behalf of Plaintiff in the above-captioned action. McNEES WALLACE & NURICK LLC By ulID Helvy 5 8 Dated:42 z // 1t t eAtftto-Irney PRAECIPE TO ENTER APPEARANCE Please enter my appearance as a pro se Plaintiff in the above-captioned action. f ssica L. Hug 7 Mountain Road Boiling Springs, PA 17007 Dated: 3 /I C1 //I CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail: Ashley Ferguson, Certified Legal Intern Megan Riesmeyer, Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 4 J Mi Ile Armour, Legal Secretary Dated: March 23, 2011