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HomeMy WebLinkAbout05-629705 - 1'a4 7 6v 1,i1i.yy, AMONG THE RECORDS AND PROCEEDINGS enrolled in the Court of Common Pleas in and for the COUNTY OF LYCOMING in the Com- monwealth of Pennsylvania to No....44nZO.154-- ---------------------------- ----- ---19..-.--, is contained the following: Lejeana Sue Sherman Warren W. Sherman VS. Lana M. Sherman George Stojkovich Jr (Originals of all case documents are attached) State of Pennsylvania, t u: Lycoming County j Certified from the Records of the Court of Co+nnwn Pleas of Lyconwng County, under my hand and seat of said Court, at the city of WiAanuPort, this ........... 9th ................................. day of ......... November X0.... 2005 ........... -Prothonotary r w COURT OF COMMON PLEAS OF LYCOMING COUNTY 11/09/05 9:42 AM OFFICIAL DOCKET ENTRIES FOR CASE NO. 04-20169 PAGE 1 LEJEANA SUE SHERMAN WARREN W. SHERMAN VS LANA M. SHERMAN GEORGE STOJKOVICH JR 2/06/2004 PETITION FOR CHILD CUSTODY FILED. 2/19/2004 ORDER DIRECTING HEARING FILED. 2/19/2004 NOTICE UNDER PRCP 236 ISSUED. 2/19/2004 AFFIDAVIT OF SERVICE FILED. 2/27/2004 AMENDED COMPLAINT FILED. 3/08/2004 AFFIDAVIT OF SERVICE FILED. 3/10/2004 ACCEPTANCE OF SERVICE FILED. 3/10/2004 PRELIMINARY OBJECTIONS FILED. 3/11/2004 ORDER RE CUSTODY CONFERENCE FILED. 3/11/2004 NOTICE UNDER PRCP 236 ISSUED. 3/12/2004 ORDER DIRECTING HEARING FILED. 3/12/2004 NOTICE UNDER PRCP 236 ISSUED. 3/30/2004 ANSWER TO PRELIMINARY OBJECTIONS FILED 3/30/2004 PRELIMINARY OBJECTIONS FILED. 4/01/2004 ORDER OF NON-COMPLIANCE FILED. 4/01/2004 NOTICE UNDER PRCP 236 ISSUED. 4/05/2004 PRELIMINARY OBJECTIONS FILED. 4/06/2004 AFFIDAVIT OF SERVICE FILED. 4/06/2004 AFFIDAVIT OF SERVICE FILED. 4/07/2004 PRELIMINARY OBJECTIONS FILED. 4/08/2004 ORDER DIRECTING HEARING FILED. David K. Irwin Judge Richard A. Gray William J. Burd, Proth. David K. Irwin David K. Irwin Bradley S. Hillman Bradley S. Hillman Judge Richard A. Gray William J. Burd, Proth. Judge Richard A. Gray William J. Burd, Proth. David K. Irwin David K. Irwin Judge Richard A. Gray William J. Burd, Proth. Janice R. Yaw Janice R. Yaw Janice R. Yaw David K. Irwin Judge William S. Kieser COURT OF COMMON PLEAS OF LYCOMING COUNTY 11/09/05 9:42 AM OFFICIAL DOCKET ENTRIES FOR CASE NO. 04-20169 PAGE 2 4/08/2004 NOTICE UNDER PRCP 236 ISSUED. 4/12/2004 BRIEF FILED. 4/13/2004 BRIEF FILED. 4/13/2004 ORDER RE FILING OF BRIEFS FILED. 4/13/2004 NOTICE UNDER PRCP 236 ISSUED. 4/15/2004 ORDER DIRECTING HEARING FILED. 4/15/2004 NOTICE UNDER PROP 236 ISSUED. 4/20/2004 BRIEF FILED. 4/20/2004 BRIEF FILED. William J. Burd, David K. Irwin Bradley S. Hillm Judge Richard A. William J. Burd, Judge Richard A. William J. Burd, David K. Irwin Janice R. Yaw Proth. an Gray Proth. Gray Proth. 4/22/2004 SHERIFF'S RETURN FILED. 4/27/2004 OPINION AND ORDER RE PRELIMINARY OBJECTIONS FILED. Judge Richard A. Gray 4/27/2004 NOTICE UNDER PRCP 9025 ISSUED. William J. Burd, Proth. 4/27/2004 CONTINUANCE FILED. Judge Richard A. Gray 4/27/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 7/06/2004 ORDER RE PRELIMINARY OBJECTIONS FILED. Judge Richard A. Gray 7/06/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 7/27/2004 ORDER RE CUSTODY CONFERENCE FILED. Judge Richard A. Gray 7/27/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 8/27/2004 PRE-TRIAL STATEMENT FILED. Janice R. Yaw 8/30/2004 PRE-TRIAL STATEMENT FILED. Plaintiff 8/31/2004 PRE-TRIAL STATEMENT FILED. David K. Irwin 8/31/2004 PRE-TRIAL STATEMENT FILED. Bradley S. Hillman 9/09/2004 ORDER RE PRE-TRIAL CONFERENCE FILED. Judge Dudley N. Anderson 9/09/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 11/17/2004 ORDER RE PRE-TRIAL CONFERENCE FILED. Judge Dudley N. Anderson COURT OF COMMON PLEAS OF LYCOMING COUNTY 11/09/05 9:42 AM OFFICIAL DOCKET ENTRIES FOR CASE NO. 04-20169 PAGE 3 11/17/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 11/24/2004 PRE-TRIAL STATEMENT FILED. David K. Irwin 12/01/2004 PRE-TRIAL STATEMENT FILED. Bradley S. Hillman 12/01/2004 MOTION TO COMPEL PRODUCTION OF DOCUMENTS FILED. Bradley S. Hillman 12/01/2004 ORDER RE PRODUCTION OF DOCUMENTS FILED. Judge Richard A. Gray 12/01/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 12/02/2004 AFFIDAVIT OF SERVICE FILED. Bradley S. Hillman 12/09/2004 ORDER RE CHILD CUSTODY FILED. Judge Richard A. Gray 12/09/2004 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 9/19/2005 MOTION FOR CHANGE OF VENUE FILED. Mark A. Mateya 9/26/2005 ORDER OF NON-COMPLIANCE FILED. Judge Richard A. Gray 9/26/2005 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 10/06/2005 ORDER DIRECTING HEARING FILED. Judge Richard A. Gray 10/06/2005 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. 11/02/2005 ORDER RE MOTION FOR CHANGE OF VENUE OR VENIRE FILED. Judge Richard A. Gray 11/02/2005 NOTICE UNDER PRCP 236 ISSUED. William J. Burd, Proth. LEJEANA SUE SHERMAN TEFFT and No. 04-20,169 f WARREN W. SHERMAN V VS LANA M. SHERMAN and GEORGE STOJKOVICH Motion to Change Venue ORDER AND NOW, this 20th day of October, 2005, after testimony and argument, the motion to change venue filed by Defendant, Lana Sherman Tefft is granted. It has been represented to the Court that Defendant will be filing a petition for partial custody and telephone privileges. Although, a trial was held in this Court in December of 2004, since then, the child resided with father in Cumberland County, has attended school in Cumberland nty, and has a counselor and physician in Cumberland County. In short, County is now the most appropriate County to examine the best interest of M. Stojkovich. This Court therefore relinquishes jurisdiction and the Prothonotary is DIRECTED transfer the records to the Court of Common Pleas of Cumberland County for further \Court Administrator William J. Burd, Prothonary ,A4ark A. Mateya, Esquire .David Irwin, Esquire ,Bradley S. Hillman, Esquire B The urt ichard A. ray, 6Z/ 1r G ?? o z a Judgei.-.- o= GJ nrr' - ? oC v, ' p G 64 COURT OF COMMON PLEAS, LYCOMING COUNTY, PENNSYLVANIA MOTION COVER SHEET Caption (may be abbreviated) Docket No. !l4_20, 169 Case assigned to Judge ? none ? Family Court Hearing Officer LANA M. allERMAN, ET AL. 1. Name of filing party: LANA M. SHERMAN TEFFT LEJEANA SUE SHERMAN, ET AL., vs. 2. Filing party's attorney: MARK A _ MATFYA, ESQUIRE 3. Type of filing: PFTTTTON FOR CHANAF OF VENUE 4. The following is/are requested: ? Argument I7 Evidentiary Hearing ? Court conference mule to show cause ? Entry of uncontested order (attach supporting documentation) ? Expedited consideration. State the basis: 7 Attach this cover sheet to original motion previously filed on: 9/ 19 / 0 5 5. Time required: 6. Name and addresses of filing and all counsel of record and unrepresented parties: DAVID IRWIN ESQ 125 E 3RD ST WILLIAMSPORT PA 17701 BRADLEY S. HILLMAN, ESQ 33 W 3RD STREET #202 WILLIAMSPORT, PA 17701 Cuh A yn g . ? Continued on separate sheet. ORDER 1. _ An argument _ factual hearing _ court conference is scheduled for T OC (t t _ 10 at _m. in courtroom no. ,T-, Lycoming County Courthouse, Williamsport, PA. 2. Briefs are to be filed by the following dates: Filing party Responding party(ies) 3. - A rule is issued upon respondent to show cause why the petitioner is not entitled to the relief requested. 4. _ A response to the motion/ etitior shall be Igd 'thin days. 5. _ Other 6 Jud ate cc: ALL PARTIES OR OTHERS BE SER WITH NOTICE MUST BE DESIGNATED IN "6." ABOVE. Froth. and Clerk f' Mark A. Mateya CP Willia J Burd Prothonotary Lyco ing County Courthouse Fir Floor W liamsport PA 17701 Attorney at Law Post Office Box 127 Boiling Springs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 September 29, 2005 Re: Sherman v. Sherman-Tefft, et al. Custody Action No. 04-20,169 Dear Mr. Burd, Enclosed herewith please find an original and three (3) copies of a Motion Cover Sheet which should have been attached to the Petition for Change of Venue which was filed recently in the above-referenced action. Please accept the original for filing and return the remaining time-stamped copies to me in the enclosed self- addressed stamped envelope. Thank you for your assistance in this regard. Please feel free to contact me if you have any questions or are in need of additional information. I may be reached at (717) 241-6500 or by e-mail at mmateya(c?verizonmail.com. iSAinlccerely, Mark A. Mateya, Esq. MAM/aa Enclosure www.matcyafamilylaw.com IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA Plaintiffs VS. Defendants N=Includes tion shall be taken on the attached matter, filed on , until such: a Cover Sheet in conformance with Rule L205.2(b)B. NO. O7`ab? 1109 ORDER OF NON-COMPLIANCE ORDER OF NON-C0MPLL41VCE Includes a Rule to Show Cause in proper form; see Pa. R.C.P. 206.5/L206.4(c). Includes an Initial Case Monitoring Notice and Order in conformance with Rule 205.6(b)A. Includes an Order to Appear before the Custody Conference Officer for a conference, in conformance with Pa.R.C.P. 1915.3. Includes an Order to Appear before the Court for a Custody Contempt hearing, in conformance with PaR.C.P. 1915.12. e 0 Other. ^N' D -- o w Date: L 3 X00 cc: Filing Party NOTE: Lycoming County Rules of Court, tog et r with applicable forms can and downloaded in proper format at www.lvcolaw.org. Cc .'p P4lc l(a1-cyp- Esp. LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : LYCOMING COUNTY, PENNSYLVANIA NO. 04-20,169 CIVIL ACTION - LAW :CUSTODY ORDER AND NOW upon consideration of the Petition for Change of Venue, IT IS HEREBY ORDERED AND DECREED that the Petition for Change of Venue is hereby GRANTED. IT IS FURTHER ORDERED that the Prothonotary shall reproduce the record and forward the complete record to the Prothonotary of Cumberland County, Pennsylvania for further disposition. BY THE COURT: J. LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants IN THE COURT OF COMMON PLEAS LYCOMING COUNTY, PENNSYLVANIA : NO. 04-20,169 : CIVIL ACTION - LAW :CUSTODY rn .a 0 6 ,-, M oC - MOTION FOR CHANGE OF VENUE NOW COMES Lana M. Tefft, by and through her counsel, Mark A. Mateya, Esquire, and files this Motion for Change of Venue and in support avers the following: 1. A custody trial was held in the present matter which resulted in an Order of Court dated December 7, 2004. Defendant George Stojkovich was awarded legal custody and primary physical custody of Natasha M. Stojkovich. A copy of said Order of Court is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Defendant, George Stojkovich along with the parties child Natasha M. Stojkovich, presently reside at Ten Cabin Lane, Shippensburg, Cumberland County, Pennsylvania. 3. Defendant, George Stojkovich, instituted a separate action against Lana M. Tefft through the Office of Domestic Relations of Cumberland County seeking child support. 4. Defendant, Lana M. Tefft, by and through her counsel, intends to file a Petition to Modify the Custody Order of December 7, 2004. 5. Cumberland County, Pennsylvania is the proper jurisdiction since: a. The Defendant George Stojkovich resides in Cumberland County, Pennsylvania; and b. Defendant George Stojkovich has initiated legal actions against Lana M. Tefft through the Cumberland County Office of Domestic Relations and has established a court record with Cumberland County. WHEREFORE, upon consideration of the foregoing, it is respectfully requested that the record in the above-referenced matter be transferred to Cumberland County, Pennsylvania as soon as can practicably be done. Respectfully submitted, V A O Mark A. Mateya, Esq e Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: Counsel for Defendant Lana M. Tefft b5t24/2085 10:36 413-568-7962 WICKLES PRINT & COPY r'Hut ni IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff v. LANA M. ' N and GEORGE STOJKOVICH, Defendants No. 04-20,169 _o ORDEEt 0 AND NOW, this 710 day of December, 2004, after a custody trial at wtiictt Mother did not appear, the following order takes immediate effect and supersedes any prior custody order. This order involves the child, Natasha M. Stojkovich, born on January 26, 1989. The parties are: Leicana Suc and Warren W. Sherman, the Matemal Grandparents; Lana M. Sherman, the Mother; and George Stojkovich, the Father. Father shall have legal custody and primary physical custody of Natasha. 2. Grandparents shall have partial physical custody as follows: A. One weekend each month. The weekend shall begin at 6:00 p.m. on the third Friday of the month, and shall end at 6:00 p.m. on the following Sunday. The titst weekend visit shall occur on,fanua y 21, 2005. Grandparents shall not receive this monthly weekend during the month of December, nor during any summer month in which they have exercised Custody of Natasha. B. For four weeks each summer, which may be consecutive or non- consecutive. The weeks shall be chosen after discussion with Father and consideration of the child's need for summer school or tutoring. If the EXHIBR A WIUKLr, reei?.? « - , __. _- -,... ... 1., .ate-aoa-ioo? parties cannot agree on the weeks, Grandparents shall choose the weeks by June I" of each year. However. the weeks shall not conflict with the educational needs of the child, such as summer school or tutoring. C. From 6:00 p.m. on December 26"' until 6:00 p.m. on December 30"' each year. D. At other times, as agreed upon by the parties. 3. As the court finds Mother unfit at this time, the court will not grant Mother any partial physical custody. Mother is ordered to undergo counseling to address her abusive relationship with the child. Oncc the counselor has deemed her appropriate to exercise partial physical custody, she may petition for custody time, 4. Mother shall have reasonable telephone contact with the child. 5. Grandparents shall have reasonable telephone contact with the child. Natasha shall be enrolled in counseling with a counselor in the Shippensburo area, and shall attend at least five counseling sessions. The counselor shall be agreed upon by Father and Grandparents. At least two of the counseling sessions shall be attended by Natasha alone, after that time, Father or Grandparents may be included, at the discretion of the counselor. Costs shall be paid by Father. Grandparents shall have access to any information issued by the counselor concerning Natasha. T Father and Grandparents shall meet to exchange the child at Angie's Truck Stop or another location agreed upon by the parties. UJ14414uno in:ab 4ia-bb8-1962 WICKLES PRINT & COPY PAGE 03 t COURT, Gray, I cc: David Irwin, Esq. Bradley Hillman, Esq. ? Lana Shennan 193 Russell St. Springfield, MA 01104 3 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants IN THE COURT OF COMMON PLEAS LYCOMING COUNTY, PENNSYLVANIA : NO. 04-20,169 : CIVIL ACTION - LAW CUSTODY CERTIFICATE OF CONCURRENCE/NONCONCURRENCE I, Mark A. Mateya, attorney for Lana M. Sherman Tefft telephoned David K. Irwin, counsel for Plaintiffs and Bradley Hillman, counsel for Defendant George Stojkovich and requested their concurrence in the Motion for Change of Venue in the above-referenced matter. Attorney Irwin indicated that he does not concur in the request for a change of venue. To the date of this writing, Attorney Hillman has neither given his concurrence or non-concurrence in the Motion for Change of Venue. It is believed that Attorney Hillman will not concur in the Motion for Change of Venue. Respectfully submitted, Mark A. Mateya, Esqu e Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Lana Sherman Tefft el I (? ? (,X,- Date: CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Petition for Change of Venue was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: David Irwin Esquire 125 E. 3rd Street Williamsport PA 17701 Bradley S Hillman Esquire 33W3 d Street #202 Williamsport PA 17701 Lq?- A.U Mark A. Mateya, Esq e Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: J/? o? Mark A. Mateya Attorney at Law Post Office Box 127 Boiling Springs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 September 15, 2005 William J Burd Prothonotary Lycoming County Courthouse First Floor Williamsport PA 17701 Re: Sherman v. Sherman-Tefft, et al. Custody Action No. 04-20,169 Dear Mr. Burd, Enclosed herewith please find an original and three (3) copies of a Petition for Change of Venue in the above-referenced action. Please accept the original for filing and return the remaining time-stamped copies to me in the enclosed self-addressed stamped envelope. Thank you for your assistance in this regard. Please feel free to contact me if you have any questions or are in need of additional information. I may be reached at (717) 241-6500 or by e-mail at mmateyagverizonmail. com. Sincerely, Mark A. Mateya, Esq. MAM/aa Enclosure www.mateyafamilylaw.com IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff V. No. 04-20.169 LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants ORDER AND NOW, this 7°i day of December, 2004, after a custody trial at which Mother did not appear, the following order takes immediate effect and supersedes any prior custody order. This order involves the child, Natasha M. Stojkovich, born on January 26, 1989. The parties are: Lejeana Sue and Warren W. Sherman, the Maternal Grandparents; Lana M. Sherman, the Mother; and George Stojkovich, the Father. Father shall have legal custody and primary physical custody of Natasha. 2. Grandparents shall have partial physical custody as follows: A. One weekend each month. The weekend shall begin at 6:00 p.m. on the third Friday of the month, and shall end at 6:00 p.m. on the following Sunday. The first weekend visit shall occur on January 21, 2005. Grandparents shall not receive this monthly weekend during the month of December, nor during any summer month in which they have exercised custody of Natasha. B. For four weeks each summer, which may be consecutive or non- consecutive. The weeks shall be chosen after discussion with Father and consideration of the child's need for summer school or tutoring. If the parties cannot agree on the weeks, Grandparents shall choose the weeks by June 1" of each year. However, the weeks shall not conflict with the educational needs of the child, such as summer school or tutoring. C. From 6:00 p.m. on December 26°i until 6:00 p.m. on December 30°' each year. D. At other times, as agreed upon by the parties. 3. As the court finds Mother unfit at this time, the court will not grant Mother any partial physical custody. Mother is ordered to undergo counseling to address her abusive relationship with the child. Once the counselor has deemed her appropriate to exercise partial physical custody, she may petition for custody time. 4. Mother shall have reasonable telephone contact with the child. 5. Grandparents shall have reasonable telephone contact with the child. 6. Natasha shall be enrolled in counseling with a counselor in the Shippensburg area, and shall attend at least five counseling sessions. The counselor shall be agreed upon by Father and Grandparents. At least two of the counseling sessions shall be attended by Natasha alone, after that time, Father or Grandparents may be included, at the discretion of the counselor. Costs shall be paid by Father. Grandparents shall have access to any infomration issued by the counselor concerning Natasha. 7. Father and Grandparents shall meet to exchange the child at Angie's Truck Stop or another location agreed upon by the parties. I E COURT, D / Gray, J cc: Aavid Irwin, Esq. Aradley Hillman, Esq. Cana Sherman 198 Russell St. Springfield, MA 01 104 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff(s) vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendant(s) IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04-20,169 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bradley S. Hillman, Esquire, hereby certify that on the 1 sr day of December, 2004, a true and correct copy of the Petition for Emergency Special Relief and Order has been served upon Lana M. Sherman, Defendant at 198 Russell Street, Springfield, Massachusetts 01104 by Federal Express. CASALE & BONNER, P.C. I3pad1ey, /HillmAn<fsquire, I.D. #63909 ,33 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 CASH I & o(INNER liC. ,AI I')PNEYS a GoUNSrI _ (,W; A7 I AV, SUIT} 202 33 WESF THIRU SIMF41 WILLIAMSPOHI. I'A 1/: 11 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff(s) VS. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendant(s) IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, P NNSYLVANIA NO. 04-20,169 CIVIL ACTION - LAW IN CUSTODY ORDER, AND NOW, this _ r day of December, 2004, it is hereby ORDERED and DIRECTED based upon review of the attached Petition for Emergency Special Relief, the same is hereby GRANTED and the Defendant/Respondent, Lana M. Sherman is hereby Ordered to provide at the time she presents herself for trial in the above referenced custody case, the updated report cards including, but not limited to, 2003-2004 and the first quarter of the 2004-2005, school year including all records of attendance, counseling and disciplinary records and any other documents the school district may have for the minor child, Natasha Stojkovich. BY COURT f J. cc: !Bradley S. Hillman, Esquire /Plavid K. Irwin, Esquire -.,-I?ana M. Sherman, Defendant/Respondent LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff(s) VS. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendant(s) IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04-20,169 CIVIL ACTION - LAW i7 IN CUSTODY w PETITION FOR EMERGENCY SPECIAL RELIEF 1. The Petitioner, George Stojkovich, Jr. (father) is the Defendant in the above- captioned matter and is represented by Bradley S. Hillman, Esquire. 2. The Respondent, Lejeana Sue Sherman and Warren W. Sherman (maternal grandparents) are the Plaintiffs the above-captioned matter and is represented by David K. Irwin, Esquire. 3. The Respondent, Lana M. Sherman (mother) is the Defendant in the above- captioned matter and is currently without counsel. 4. A custody trial is scheduled to begin on Monday, December 6, 2004. 5. Petitioner has attempted to obtain school records since Respondent (mother) has moved the minor child to Massachusetts. 6. At the pre-trial conference, it was understood that the Petitioner would be able to obtain said school records by virtue of being father. GASALF & HONNER I'C AT IORNFYS & GOUNSE HE. AT I AW SLJIIF 2W 33 WCSI 1111Rp SIFCF I WILI.IAMSPORI. PA 1 //OI W 7. Unfortunately, upon Petitioner attempting to contact the school district in Massachusetts to obtain the school records, the Petitioner was told that Respondent (mother) directed that no information from the school was to be given to Petitioner. 8. When the custodial parent is blocking the information being released, Massachusetts requires the non-custodial parent to submit affidavits that include a written request, a certified copy of the probate court order and an affidavit of the non-custodial parent that no temporary or permanent protective order is in effect restricting access to the custodial parent. Additionally, there is a 21 day wait for the records. 9. With trial scheduled for Monday, December 6, 2004, it is virtually impossible to meet the requirements of Massachusetts and that as it is the Petitioner's belief that Respondent (mother) is directing the school not to release the information we request that the court enter an Order that Respondent (mother) is required to provide the information at the time she appears for trial. 10. The Respondent (grandparents) through their attorney David K. Irwin agrees with the request and we respectfully request that the Court enter an Order requiring Respondent (mother) to produce documents, including but not limited to, report cards, records of attendance, counseling and disciplinary records and any other documents the school district may have for the minor child, Natasha Stojkovich for the school year 2003- 2004 and the first quarter of the 2004-2005 school year. CASALL & DONNER PC AT IOHNESC; & COUNSFL?O aS AT I AIN SUITE 202 -33 WE ST IHIRIJ SIREET WI LLIAMSI'OFO PA 1.7101 WHEREFORE, the Petitioner prays the Honorable Court enter an Order requiring Respondent (mother) to produce the requested documents. Respectfully submitted, CASALE & BONNER. P.C. $radley S. Hillman, Esquire, I.D. #63909 Attorney for Petitioner 33 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 cASAI F & ooNNl If PC AI f'FIN wS & 000NR I ^k`; AT ! w, SUIIF 202- 13 WEST TIIiHp STHCCI WII_ LIAMSPOI<I. NA 1 /01 I verify that I am the attorney for the Petitioner, George Stojkovich, Jr. in the above- captioned matter and that as such I am authorized to make this verification on his behalf; that the statements made in this Petition for Emergency Special Relief are true and correct; and i understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. CASALE & BONNER, P.C. B : adley S. Hillman, Esquire Attorney for George Stojkovich, Jr. I.D. #63909 DATE: December 1, 2004 CASALE & HONNI ii I'C AI IONNI YS & couNLLL.I W A' I AA SUIfE 202 33 WF Sf TIIIIAIJ SFFCCI WIL LIAMSFOF'I. I'A 1 //OI LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff(s) vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendant(s) IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04-20,169 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bradley S. Hillman, Esquire, hereby certify that on the I" day of December, 2004, a true and correct copy of the foregoing Petition for Emergency Special Relief was served upon Lana M. Sherman, Respondent at 198 Russell Street, Springfield, Massachusetts 01104 and David K. Irwin, Esquire, attorney for Plaintiff, by placing the same in his mailbox located in the Prothonotary's Office at the Lycoming County Courthouse, Williamsport, Pennsylvania. CASALE & BONNER, P.C. ( Br y S. Hillman, Esquire, I.D. #63909 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 cA;A( I & HONNI J-0 I'c Al IOHNFYB 4 couN;rl (nay Al AA SIJIIF 202 33 WFSI 1HIM) E]Hl r1 WLL lIAMS, G-I!. PA 1 //OI IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendant No. 04-20 69; 9021 297 F7 -; III,D' o ORDER cn cn AND NOW, this 16`s day of November, 2004, after a pre-trial conference at which Mother did not appear, it is hereby ordered as follows: The oral motion of Janice Yaw, Esq., to withdraw as counsel for Mother, is granted. 2. Mother is ordered to ensure that the child is present to be interviewed by the judge at the time of trial. Mother is also forewarned that if she fails to have the child present, or fails to appear herself, it is likely an adverse ruling will be made against her regarding custody, and she may be assessed court costs. Furthermore, if she is subpoenaed and fails to appear, a bench warrant may be issued for her arrest. BY THE COURT, 7 f Dudley N. nderson, J. cc: Janice Yaw, Esq. v David Irwin, Esq. Bradley Hillman, Esq. "Lana Sherman 198 Russell St. Springfield, MA 01104 T l R / IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants ORDER No. 04-20,169 90-21,297 -? r v AND NOW, this 3"' day of September, 2004, after a pre-trial conference, trial is scheduled for December 6, 2004, December 7, 2004, and December 8, 2004, beginning at 9:00 a.m. each day, in Courtroom #5. All exhibits shall be pre-marked and copies provided to opposing counsel one week before trial. Mother shall ensure the child is present for an interview with the judge at trial. Another pre-trial conference is scheduled for November 16, 2004 at 2:30 p.m., in Courtroom #2. Mother desires to have a psychological evaluation performed. Therefore, she is ordered to immediately make arrangements for the evaluation. The evaluation shall be performed by the psychologist of Mother's choice; however, the psychologist must be local. All parties shall cooperate with the psychologist and shall ensure the cooperation of the child and any other persons deemed appropriate by the psychologist. The psychologist is requested to complete the evaluation by November 9, 2004. Mother shall inform the psychologist of this deadline at the time of the initial arrangements. The initial expense of the evaluation shall be borne by Mother, who shall have the right to request the court to direct otherwise at a later date. ft It is further ordered that Thanksgiving visitation shall be as follows: Father and Mother shall meet to exchange the child at the New Baltimore Service Center, located near the pull-off area at the starting point of the New York Turnpike, at 5:00 p.m. on November 24, 2004. Father shall deliver the child to Grandparents' residence at 2:00 p.m. on November 27, 2004. The Grandparents and Mother shall meet to exchange the child at 5:00 p.m. on November 28, 2004, at the New Baltimore Service Center, located near the pull- off area at the starting point of the New York Turnpike. BY THE COURT, Dudley N. nderson, J, cc: an ice Yaw, Esq. _,Bavid Irwin, Esq. Bradley Hillman, Esq. I 1-4 IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants No. 04- ,169 0 J C7 r r" ORDER 77 W W AND NOW, this 23 a day of July, 2004, after a custody conference with all LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff parties along with their attorneys, the following order takes immediate effect and supersedes any prior custody order. This order involves the child, Natasha M. Stojkovich, born on January 26, 1989. The parties are: Lejeana Sue and Warren W. Sherman, the Maternal Grandparents; Lana M. Sherman, the Mother; and George Stojkovich, the Father. 1. Mother and Father shall share legal custody of their child, Natasha M. Stojkovich, born on January 26, 1989. Both parties shall consult with each other and participate in making major decisions affecting the child, including decisions on health, education, religious upbringing, and extracurricular activities. Both parties shall have access to the child's educational and medical records. Both parties shall work together to promote the child's best interest. 2. Mother shall have primary physical custody. .v Father shall have partial physical custody and Grandparents shall have partial physical custody as follows: A. Father shall have custody beginning at noon on August 8, 2004, at which time Mother and Father shall meet to exchange the child at the pull-off area at the starting point of the New York Turnpike. B. Grandparents shall have custody from 5:00 p.m. on August 18, 2004, at which time they shall pick the child up at Father's residence. C. Grandparents shall retain custody until noon on August 22, 2004, at which time Grandparents and Mother shall meet to exchange the child at the pull-off area at the starting point of the New York Turnpike. 4. A custody pre-trial conference is scheduled for September 3, 2004 at 10:00 A.M., in Courtroom #2. Each party shall file a pre-trial memorandum and provide the opposing parties with a copy at least one week prior to the pre-trial conference. AS HEARD BY THE CUSTODY CONFERENCE OFFICER, 71? Q ?P?, I./ D Jacq es, q. APPROVED BY THE COURT, 4 Clinton W. Smith, for 'c and A. Gray, J. cc: ,Jarntce Yaw, Esq. avid Irwin, Esq. adley Hillman, Esq. 2 IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. No. 04-20,169 LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants ORDER AND NOW, this b day of July, 2004, the Preliminary Objections relating to venue are dismissed, as both Massachusetts and Cumberland County have relinquished jurisdiction and venue, and Lycoming County hereby accepts jurisdiction and venue. It is noted that the delay in resolving this matter was due to the fact that this court's letter to the Hampden County court was received at the courthouse, but not forwarded to the family court judge until inquiries were made by the undersigned judge some time later. cc: David Irwin, Esq. Janice Yaw, Esq. Bradley Hillman, Esq. i Go G' w - cn _- J RV TPP CCU TPT i t LYCOMING COUNTY COURT OF COMMON PLEAS APPLICATION FOR CONTINUANCE FOR CIVIL CASE CRIMINAL CASE _X _FAMILY CASE OTHER DO NOT DETACH COPIES PRIOR TO COURT ACTION LEJEANA SUE SHERMAN and IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, LYCOMING COUNTY, PENNSYLVANIA Plaintiff j vs. NO. 04 - 20,169 LANA M. SHERMAN and CIVIL ACTION - LAW GEORGE STOJKOVICH JR., IN CUSTODY Defendant I. This application is hereby made to continue the Trial X _ Hearing Argument Conference Sentencing scheduled for May 6, 2004 at 9:00 a.m. before Judge Gray in the above-referenced matter. IL Basis for this application: Attorney for Plaintiffs will be out of town on a personal matter on this date and therefore unavailable to attend this hearing. This personal matter cannot be rescheduled. LeJeana S. & Warren W. Sherman, Plaintiffs ? r David X Irwin, Esquire III. Application is ( not opposed ) for the following reason: Per Attorney Irwin's telephone conversation with Attorney Janice Yaw' s office, Attorney Yaw is not opposed to this continuance request. Lana M. Sherman, Defendant Janice R. Yaw, Esquire Application is ( not opposed ) for the following reason: Per Attorney Irwin's telephone conversation with Attorney Hillman, Attorney Hillman does not oppose this continuance request. GeergE'Stoikovich, Jr., Defendant Bradley S. Hillman, Z ' ? L7 N tL .L. d CD i C-3 p ti (APPLIES TO CRIMINAL CASES ONLY) IV. THE DEFENDANT ADMITS THAT HE/SHE KNOWS THAT HE/SHE HAS A SPEEDY TRIAL RIGHT TO HAVE THIS CASE TRIED WITHIN 180 DAYS FROM THE DATE THE CRIMINAL COMPLAINT AGAINST HIM/HER WAS FILED WITH THE DISTRICT JUSTICE AND THAT HE/SHE HEREBY GIVES UP THAT SPEEDY TRIAL RIGHT TO HAVE HIS/HER CASE TRIED WITHIN THE 180 DAYS FOR THE PERIOD OF THIS CONTINUANCE, IT IF IS GRANTED. THIS CONTINUANCE IS REQUESTED TO AND INCLUDING (Month) (Day) (Year) Sworn to and subscribed before me this day of , 2004. Signature of Defense Counsel V. Action taken by Court: AND NOW, this day of , 2004, The application for continuance is denied. The application for continuance is granted and this case i continued. Counsel are hereby attached for this proceeding_.pn $"?c6y -Z '36µn*I.CQ'S J. Date Ju e' Signat fre cc: eumt-sse+,? David K. Irwin, Esquire, Attorney for Plaiptfffs Janice R. Yaw, Esquire, Attorney for DeferAant, Lana M. Sherman Bradley S. Hillman, Esquire, Attorney for De jondant, George Stojkovich, Jr. a IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. No. 04-20,169 /LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants OPINION This case involves Preliminary Objections to the custody complaint tiled by Mother and Father to the Maternal Grandparents' petition for primary physical custody. Both sets of preliminary objections raise the issue of standing and lack of jurisdiction. The preliminary objections regarding standing will be dismissed, as grandparents have automatic standing. See R.M. v. Baxter. 777 A.2d 446 (Pa. 2001) and Malone v. Stonerook, 2004 Pa. Super. LEXIS 162 (2004). Regarding jurisdiction, Pennsylvania clearly has jurisdiction under 23 Pa.C.S.A. Y C,, U3 §5344(a)(1)(ii) and probably under (2) as well.' However, it is highly doubtful this court has venue under Rule 1915.2 and 23 Pa.C.S.A. §5364 (Intrastate application of §5344.) See Dincer v. Dincer, 701 A.2d 210 tPa. 1997) (visitation with grandparents in state not enough to establish jurisdiction under §5344(x)(2)). However, the plaintiffs will have an opportunity to introduce evidence regarding the child's connections to this county at an upcoming hearing. It is noted, however, that as stated in the Comment to §5344, the child must have maximum rather then minimum contact with the state (or county). N 4 ?c tOfcogS?e -Massachusetts may also have jurisdiction under §5344(a)(2). [L o ` c ORDER AND NOW, this ?z day of April, 2004, it is hereby ordered that: (I) Count I of the Preliminary Objections filed by Lana Sherman is dismissed, (2) Count I of the Preliminary Objections filed by George Stojkovich is dismissed, and (3) The Preliminary Objections to George Stojkovich's Preliminary Objections are dismissed. A factual hearing shall be held on May 19, 2004 at 3:30 p.m., in Courtroom #5, to resolve the issue of venue. cc: Dana Jacques, Esq., Hon. Richard A. Sir; David Irwin, s Janice Yawf?' Bradley Hilil an Gary Weber, sq. J. 2 >* w SHERIFF'S RETURN LEJEANA SUE SHERMAN and WARREN W. SHERMAN, PLAINTTFP vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY No. 04-20169 Term, 20 COMPLAINT IN CUSTODY & COURT ORDER Issued February 19, 2004 DEFENDANT RxtMW) k March 11 2904; '1 .30 P.M., NOW, ------MARCH ,1 20.04 I CHARLES T._ BREWER,.. High Sheriff of Lycoming County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLA County, Pennsylvania, to execute this Writ. This deputation being made at the request and risk of the Plaintiff. George Stojkovich, Jr., 10 Cabin Lane, Shippensburg, Pa. 17257. Defendant's alleged address is AFFIDAVIT OF SERVICE April 6, 2004, see return endorsed hereon by Sheriff of Cumberland County and made a part of this return. So Answers, Charles T. Brewer, SHERIFF OF LYCOMING COUNTY, PENNA. SHERIFF'S COSTS: Lycoming County - $28,00 Cumberland County - 34.99 $62.99 PAID 4/6/04 N Ckl1 12243 w u? Sheriff, Lycoming County, PennsyWania ? SHERIFF'S RETURN - REGULAR CASE NO: 2004-00128 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERMAN LEJEANA SUE VS SHERMAN LANA M ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of A Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT STOJKOVICH GEORGE JR was served upon the DEFENDANT , at 0015:41 HOURS, on the 5th day of March , 2004 at 10 CABIN LANE SHIPPENSBURG. PA 17257 GEORGE STOJKOVICH by handing to a true and attested copy of ORDER OF COURT together with AMENDED NOTICE & COMPLAINT IN CUSTODY and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 14.49 Affidavit 2.50 Surcharge .00 .00 34.99 Sworn and Subscribed to before me? this C (??day of A.D. Notary So Answers: R. Thomas Kline 03/10/2004 ELION, WAYNE, GRIECO, CARLUCCI By: D pu y She iff NOTARIAL SEAL CLAUPAA BRFWBAKER NOTARY PUBLIC CarGsie Boln Cumr erland County My comminsiaa Expires April 4. ?ODr IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNA. LEJEANA SUE SHERMAN and WARREN W. SHERMAN Plaintiffs V. LANA M. SHERMAN AND GEORGE STOJKOVICH, JR. Defendants No. 04-20,169 O R D E R AND NOW, this day of April, 2004, after argument, the parties are directed to file Briefs or Supplemental Briefs within seven (7) days from this date on the jurisdictional issues under 23 Pa. C.S. §5344 and §5347. Similarly, the parties shall advise the Court within seven (7) days from this date of their willingness to participate in an expedited interview of the child by the Court in order to determine custody. The Court Scheduling Technician shall schedule three (3) hours of time in May for a hearing on the standing question and other issues. C HE U is and A. Gray, JudglQ v ,-?fanice Yaw, Esquire avid Irwin, Esquire $rad Hillman, Esquire /Nancy Borgess, Court Scheduiing LYCOMING COUNTY COURT OF COMMONPLEAS LOCAL RULE L206 COVER SHEET LEJEANA SUE SHERMAN and Docket Number: 04 - 20,169 WARREN W. SHERMAN, Plaintiffs CIVIL ACTION - LAW vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendants IN DIVORCE 1. Name of filing party: Plaintiffs, LeJeana Sue & Warren W. Sherman 2. Filing party's attorney: David K. Irwin, Esquire 3. Type of filing: Preliminary Objections to Defendant, Lana M. Sherman's Preliminary Objections 4. The following is/are required: ( ) Issuance of a Rule To Show Cause - 6. Name and addresses of all counsel of See Pa.R.C.P. No. 206 for form / record and unrepresented parties (,, Argument (Continue on separate sheet.) ( ) Evidentiary Hearing ( ) Court Conference 11-Kavid K. Irwin, Esquire ( ) Entry of Order in an uncontested 125 East Third Street matter or upon agreement of the Williamsport, PA 17701 parties (attach Order and all supporting documentation) ,Ef'adley S. Hillman, Esquire ( ) Expedited Considerations. State the 33 W. Third St., Suite 202 basis: Williamsport, PA 17701 S. 'lime Required:_ tce R. Yaw, Esquire 140 East Third Street Williamsport, PA 17701 ORDER 1. /An _ argument _ factual hearing ourt conference is scheduled for 6,gji / at l.3 a..min Courtroom No. Lycoming County Courthouse, Williamsport, PA. 2. Briefs are to be filed by the following dates: Filing Party: Responding Party(ies): 3. A Rule To Show Cause or other Order is issued as attached. 4. Other: t D to ge cc Cou t Scheduling David K. Irwin, Esquire -- Bradley S. Hillman, Esquire - i - -_ Janice R. Yaw, Esquire .C ?J LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS TO DEFENDANT LANA M. SHERMAN'S PRELIMINARY OBJECTIONS AND NOW, comes LeJeana Sue Sherman and Warren W. Sherman, Plaintiffs in the above-captioned matter by and through their attorney, David K. Irwin, Esquire and hereby files Preliminary Objections to the Preliminary Objections filed by Defendant, Lana M. Sherman on April 5, 2004 and in support thereof represents: 1. Plaintiffs filed their Complaint in the Court Of Common Pleas on February 6, 2004. 2. Plaintiffs filed an Amended Complaint on February 27, 2004. 3. The Amended Complaint was served on Defendant, Lana M. Sherman on February 28, 2004. The copy of the Affidavit of Personal Service is attached hereto and marked as Exhibit "A„ 4. Defendant, Lana M. Sherman filed Preliminary Objections to the above-referenced matter on April 5, 2004. 5. The Defendant's Preliminary Objections were filed in violation of Pa. R. C. P. 1026(a) in that they were not filed within twenty (20) days of service of either the original or amended Complaint. 0 0 1 J - GJ Vii. ? CD r C 00 < 6. In addition, the Defendant alleges that jurisdiction is not proper in Pennsylvania as the child has resided for six months in Massachusetts. The Defendant does not deny that the child resided in Pennsylvania within six months prior to filing either the original or the amended Complaint. In fact, in a hearing in front of the Court Of Common Pleas Of' Lycoming County, Pennsylvania on a Protection From Abuse action held on February 13, 2004, testimony was presented that the child resided in Pennsylvania as recently as October 2003. WHEREFORE, Plaintiffs pray this Honorable Court strike the Preliminary Objections filed by Defendant, Lana M. Sherman. Respectfully submitted. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney Jor Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 Date: 11 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff VS. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE, COURT OF CONNON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION • LAW IN CUSTODY AFFIDAVIT OF PERSONAL SERVICE STATE OF MASSACHUSETTS SS COUNTY OF Constable Scott D. Goodkowsky, being duly sworn according to law, deposes and says that he is an adult over the age of eighteen (18) years; that he served the Complaint in Custody, the Amended Complaint in Custody and the Order scheduling a Custody Conference in this matter for March 11, 2004 at 1:30 p.m. in Room 403 of the Lycoming County Courthouse filed in the above matter on Defendant, Lana M. Sherman personally by handing to her a true and correct copy thereof and informing her of its contents at 198 Russell Street, Springfield, Massachusetts 01104 or. February 28, 2004 at 6:33 p.m. Deponent further avers that at the time pI-Aervice the said Defendant. Lana M. Sherman identified herself to deponent. Scott D. SWORN TO AND SUBSCRIBED BEFORE; ME THIS <HD DAY I I 2N Va±t ryPublic S?anley A. Szlachetka My Commission Expires: July 25, 2008 EXHIBIT cr LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, David K. Irwin, Esquire, Attorney for Plaintiffs, hereby certify that on the day of , 2004, a true and correct copy of the foregoing Answer To Preliminary Objections To Defendant, Lana M. Sherman's Preliminary Objections was served on Janice R. Yaw, Esquire, Attorney for Defendant, Lana M. Sherman by placing a copy in her mailbox in the Prothonotary's Office at the Lycoming County Courthouse and served upon Bradley S. Hillman, Esquire, Attorney for Defendant, George Stojkovich, Jr., by placing a copy in his mailbox in the Prothonotary's Office at the Lycoming County Courthouse. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 Date: IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, PLAINTIFF(s) V. LANA M. SHERMAN and GEORGE STOJKOVICH, DEFENDANT(S) NO. 04-20,169 CERTIFICATE OF SERVICE AND NOW, comes Janice Ramin Yaw, Esquire, Attorney for the Lana M. Shermna and George Stojkovich, in the above captioned matter, and certifies that true and correct copy of the within Preliminary Objections has been served upon Dave Irwin, Esquire, Attorney for Lejeana Sue Sherman and Brad Hillman, Esquire, Attorney for Warren W. Sherman by placing a copy in the attorneys' mail boxes located at the Prothonotary's office at the Lycoming County Court House. LEPLEY, ENGELMAN & YAW Janice ID 5 and George Stojkovich Date: April 6, 2004 IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, PI "NTIFF(s) V. NO. 04-20,169 / I.ANA M. SHERMAN and GEORGE STOJKOVICH, DEFENDANT(s) CERTIFICATE OF SERVICE w AND NOW, comes Janice Ramin Yaw, Esquire, Attorney for the Lana M. Shermna and George Stojkovich, in the above captioned matter, and certifies that true and correct copy of the within Preliminary Objections has been served upon Dave Irwin, Esquire, Attorney for Lejeana Sue Sherman and Brad Hillman, Esquire, Attorney for Warren W. Sherman by placing a copy in the attorneys' mail boxes located at the Prothonotary's office at the Lycoming County Court House. LEPLEY, ENGELMAN & YAW Janice in Yaw, quire A ey ID 52679 t' o A,orney for M. Sherman and George Stojkovich Date: April 6, 2004 LYCOMING COUNTY COURT OF COMMON PLEAS LOCAL RULE L206 COVER SHEET - LEJEANA SUE SHERMAN and WARREN W. SHERMAN, - a PLAINTIFF(s) NO.04-20,164 - - V. LANA M. SHERMAN and GEORGE STOJKOVICH, - DEFENDANT(s) w Case Assigned to Judge _n6 1. Name of filing party: Lana M. Sherman 2. Filing party's attorney: Janice R. Yaw, Esquire of The following is/are required: ] Issuance of a rule to show cause - See Pa.R.C.P. No. 206.5 for form Argument Evidentiary Hearing Court Conference Entry of order in an uncontested matter or upon agreement of the parties (attach order and all supporting documentation) Expedited consideration. St 4e the basis: e/5 .5J,0,* h lU iyi Time required: PI 0 6. Name and addresses of all counsel of record and unrepresented parties (continue on separate sheet.) Ice R. Yaw, Esquire(2) / 140 East Third Street Williamsport, Pa 17701 Lejeana Sue Sherman 594 Holmes Hollow Riad Hughesville, PA 17737 ORDEK 1. A argument factual hearing _ court conference is scheduled for 6 (J at ?. in courtroom no. S , Lycoming County Courthouse, illiamsport , PA. 2. Briefs are to be filed by the following dates: Filing party Responding party(ies) 3. A rule to show cause or other order is issued as attached. 4. THE FILING PARTY SHALL SERVE A COPY OF THIS EXECUTED AND ATTACHED ORDER SCHEDULING ORDER ON ALL CO SEL OR UNREPRESENTED PARTIES. 4A_ Judge Date Cc: All parties V<ourt Scheduling Technician f IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA vs. NO. 41 . R iI'it di.,L ,(t NON-COMPLIANCE ORDER ORDER OF NON-COMPLIANCE No further action shall be taken on the attached matter, filed on 30 until such: V Includes a Cover Sheet in conformance with Rule L206. Includes a Rule to Show Cause in proper form; see Pa. R.C.P. 206.5/L206.5. Includes an Initial Case Monitoring Notice and Order in conformance with Rule L1007. Includes an Order to Appear before the Custody Conference Officer for a conference, in conformance with Pa.R.C.P. 1915.3. Includes an Order to Appear before the Court for a Custody Contempt hearing, in conformance with Pa.R.C.P. 1915.12. Includes in the Order to Appear the language required by Rule L1914B. Includes a certificate of concurrence and/or a verification as provided by Rule L1049D. Other. Date: cc: NOTE: a O ! 7F M O BY fH COU T, - i 1 l lea ? >arty Lycommg County Rules of Court, together w applicable forms can be found at www.lycolaw.orx. c LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaint vs. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS FILED BY DEFENDANT. GEORGE STOJKOVICH. JR. 1. Plaintiffs filed a Complaint in Custody in the above-captioned action in the Court Of Common Pleas Of Lycoming County on February 6, 2004. 2. The Complaint was served on the Defendant through his counsel, on February 13, 2004. A copy of an Acceptance of Service in said matter is attached hereto and marked as Exhibit "A". 3. On March 10, 2004 Defendant, George Stcjkovich, Jr. filed Preliminary Objections to the Complaint In Custody (as well as an Amended Complaint In Custody) alleging that the Plaintiffs lacked standing and that the Court Of Common Pleas Of Lycoming County lacked jurisdiction to hear the claims raised. 4. The Defendant's Preliminary Objections were filed in violation of Pa. R. C. P. 1026(a) in that they were not filed within twenty (20) days of the service of the original Complaint. WHEREFORE, Plaintiffs pray this Honorable Court strike the Defendant's Preliminary f- z QO i V C1 r z tL 0 J Objections as they are in violation of Pa. R. C. P. 1028(a)(2). 0 C y-c:c a d JI--; Respectfully submitted, ELION, WAYNE, GRIECO, CARL UCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street, Williamsport, PA 17701 DATE: 3130- 01 (570) 326-2443 J . - & l rc,T-in, LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendants IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Bradley S. Hillman, Esquire, accepted service of the Custody Complaint on behalf of my client, Defendant, George Stojkovich, Jr. on February 13, 2004. CASALE & .'4ttorney for Defendant: George Stojkovich, Jr. 33 W. Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 Date: a41' F'Documents\dknSheman, Jean S.04-0109 PPA-CustodyWeceptance of Service 2-19-04.doe VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I e_a,,.., S . SN- Lejeana S. Sherman Warren W. Sherman Date:_ 0 avch 2.=Loy LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, David K. Irwin, Esquire, Attorney for Plaintiffs, hereby certify that on the C&A,day of 1?- C 2004, a true and correct copy of the foregoing Preliminary Objections To Preliminary Objections Filed By Defendant, George Stojkovich, Jr. was served on Bradley S. Hillman, Esquire, by placing a copy in his mailbox in the Prothonotary's Office at the Lycoming County Courthouse and served upon Defendant, Lana M. Sherman at her last know address of: 198 Russell Street, Springfield, Massachusetts 01104. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. ?C David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street, Williamsport, PA 17701 (570) 326-2443 DATE: I'avc O ' CY. f LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN CUSTODY ANSWER TO PRELIMINARY OBJECTIONS 1. Said averment is a conclusion of law to which no responsive pleading is necessary. To the extent a responsive pleading is necessary, it is denied that the Plaintiffs lack standing to pursue primary custody and strict proof thereof is demanded at trial. 2. Said averment is a conclusion of law to which no responsive pleading is necessary. To the extent a responsive pleading is necessary, it is denied that the Court Of Common Pleas Of Lycoming County, Pennsylvania lacks jurisdiction to hear claims raised and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs, LeJeana S. and Warren W. Sherman move to dismiss Defendant, George Stojkovich's Preliminary Objections. I Date: cv ?U 1-1 Respectfully submitted. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P. C. David K. Irwin, Esquire 3? = 5 0 I.D. #55862 :3L TI Attorneyfor Plaintiffs ",--- W U5 125 East Third Street o fT Williamsport, PA 17701 ?..-.1? . + op (570) 326-2443 . . = Z - :. ' < o W VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my lmowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Lejeana S. Sherman 16/ Gvwti Warren W. Sherman Date: f . `. c _VA .3c; 7 OQ 1 LEJEANA SUE SHERMAN and IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, LYCOMING COUNTY, PENNSYLVANIA Plaintiff vs. NO. 04 - 20,169 CIVIL ACTION - LAW LANA M. SHERMAN and GEORGE STOJKOVICH JR., IN CUSTODY Defendant CERTIFICATE OF SERVICE 1, David K. Irwin, Esquire, Attorney for Plaintiffs, hereby certify that on the day of ltovc?l 2004, a true and correct copy of the foregoing Answer To Preliminary Objections was served on Bradley S. Hillman, Esquire, by placing a copy in his mailbox in the Prothonotary's Office at the Lycoming County Courthouse and served upon Defendant, Lana M. Sherman at her last know address of: 198 Russell Street, Springfield, Massachusetts 01104. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, RC. td C David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 Date: N# uC, -?o > IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. No. 04-20,169 LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendants ORDER AND NOW, this l 1 m day of March, 2004, the custody conference scheduled for this date is stayed, pending resolution of the Preliminary Objections. BY TILE COURT A cc: !avid Irwin, Esq. ,Bradley Hillman, Esq. _,--Janice Yaw, Esq. LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendants IN THE COURT OF COMMON PLEAS OF LYCOMING COUNT, PENNSYLVANIA NO. 04-20,169 IN CUSTODY LOCAL RULE L206 COVER SHEET 1. Name of Filing Party: 2. Filing Party's Attorney: 3. Type of Filing: George Stojkovich, Jr. Bradley S. Hillman, Esquire Preliminary Objections V u? r_ 4. The following is/are required: Issuance of a Rule to Show Cause (See Pa. R.C.P. 206.5 for form) Argument - Evidentiary Hearing Court Conference - Entry of Order in an Uncontested Matter or upon agreement of the Parties (attach Order and all supporting documentation) - Expedited Consideration. State the basis: 6. Names and Addresses of all counsel of record and unrepresented parties. (Continue on separate sheet). Bradley S. Hillman, Esquire 33 West Third Street, Ste. 202 Williamsport, PA 17701 avid K. Irwin, Esquire 125 East Third Street Williamsport, PA 17701 5. Time Required: ORDER 1. An Argument Factual Hearing Court Conference is scheduled for OM 2004, at -3 o'clock /,.M. in Courtroom No. ? , Lycoming County Courthouse, Williamsport, Pennsylvania. ? 02. Briefs are to be filed by the following dates: d 6r, Filing Party: Responding Party(ics): 3. A Rule to Show Cause or other Order is issued as attached. 117 BY J. cc: Bradley S. Hillman, Esquire David K. Irwin, Esquire an .7a•.i? Ye v,?lt, LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, : LYCOMING COUNTY, PENNSYLVANIA Plaintiffs NO. 04-20,169 vs. LANA M. SHERMAN and -- GEORGE STOJKOVICH, JR., Defendants : IN CUSTODY > .v PRELIMINARY OBJECTIONS TO COMPLAINT IN CUSTODY AND AMENDED COMPLAINT IN CUSTODY 1. The Plaintiffs, who are the maternal grandparents of the subject minor child, lack standing to pursue primary custody of the minor child. 2. The Court of Common Pleas ofLycoming County, Pennsylvania, lacks jurisdiction to hear the claims raised. WHEREFORE, Defendant, George Stojkovich, Jr., moves to strike said pleading. Respectfully submitted, CASALE & BONNER, P.C. adley S. illman, Esquire, I.D. 463909 33 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 CASAI F & BONNE I< HC. - ATTOPNFYS & COUNSF I_LORS Al I AW SUITE JOl d3 Wf-;I THIRD STRFFI - WILLIAM9-0RF PA 1 Y/OI I verify that I am the attorney for George Stojkovich, Jr. in the above-captioned matter and that as such I am authorized to make this verification on his behalf; that the statements made in this Preliminary Objections are true and correct; and I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to i unsworn falsifications to authorities. CASALE & BONNER, P.C. Bra S. Hilhkan, ire, I orney for George Stojkovich, Jr. 33 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 DATE: CASALE & HONNEH HC. - ATTOHNEYS & COUNSEI I ORS AT LAW SUIT[' .u. 33 WEST THIRD STREET - WILL AMS1 I INT. PA 17 711 CERTIFICATE OF SERVICE I, Bradley S. Hillman, Esquire, hereby certify that on the l Oth day of March, 2004, a true and correct copy of the foregoing Preliminary Objections was served upon David K. Irwin, Esquire, by placing the same in his mailbox located in the Prothonotary's Office at the Lycoming County Courthouse, Williamsport, Pennsylvania. CASALE & BONNER, P.C. i5radley S. Hillman, Esquire, I.D. #63909 33 West Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 CASALE & BONNER PC. Al URNEVS a COUNSELI ORS AT I,AW SUIIE 20' 33 WE>T THIRU SFREE'T WILLIAMSFORI. PA. 1 '101 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendants IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Bradley S. Hillman, Esquire, accepted service of the Custody Complaint on behalf of my client, Defendant, George Stojkovich, Jr. on February 13, 2004. CASALE & Date: Ittorney for Defendant : George Stojkovich, Jr. 33 W. Third Street, Suite 202 Williamsport, PA 17701 (570) 326-7044 F:\Documents\dki\Sherman, Jean S. 04-0109 PFA-Custody\Acceptance of Service 2-19-04Aoc n =J O 1V LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff VS. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF PERSONAL SERVICE STATE OF MASSACHUSETTS ss COUNTY OF ell Constable Scott D. Goodkowsky, being duly sworn according to law, deposes and says that he is an adult over the age of eighteen (IS) year.;; that he served the Complaint in Custody, the Amended Complaint in Custody and the Order scheduling a Custody Conference in this matter for March 11, 2004 at 1:30 p.m. in Room 403 of the Lycoming County Courthouse filed in the above matter on Defendant, Lana M. Sherman personally by handing to her a true and correct copy thereof and informing her of its contents at 198 Russell Street, Springfield, Massachusetts 01104 or. February 28, 2004 at 6:33 p.m. Deponent further avers that at the time of pk4etvice the said Defendant, Lana M. Sherman identified herself to deponent. Scott D. SWORtV TO AND SUBSCRIBED BEFORE ME THIS-4V DAY .Va!tiry Public S`anley A. Szlachetka My Commission Expires: July 25, 2008 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. LANA M. SHERMAN and GEORGE STOJKOVICH JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTYhPENNSYLVANIA NO. 04 - 20,169 CIVIL ACTION - LAW IN CUSTODY ri N J e_ AMENDED COMPLAINT IN CUSTODY D The Plaintiffs are husband and wife, residing at 594 Holmes Hollow Road, Hugh(uyille,. co Lycoming County, Pennsylvania 17737. 2. The Defendant, Lana M. Sherman is an adult individual residing at 198 Russell Street, Springfield, Massachusetts 01104. 3. The Defendant, George Stojkovich, Jr. is an adult individual whose last known address is: 10, Cabin Lane, Shippensburg, Pennsylvania 17257. 4. Plaintiffs seek custody of the following child: Name Present Residence Natasha M. Stojkovich, 198 Russell Street, Springfield, MA 01104 The child was not bom out of wedlock. Age 15 The child is presently in the custody of the Defendant, Lana M. Sherman, who resides at 198 Russell Street, Springfield, Massachusetts 01104. The mother of the child is Lana M. Sherman currently residing at 198 Russell Street, Springfield, Massachusetts 01104. She is divorced. The father of the child is George Stojkvoch, Jr., currently believed to be residing at 10 Cabin Lane, Shippensburg, Pennsylvania 17257. He is divorced. 5. The relationship of Defendant, Lana M. Sherman to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Boyfriend 6. The relationship of Defendant, George Stojkovich, Jr. to the child is that of Father. It is believed that the Father has had no contact with the minor child for a period of time in excess of five (5) years. It is unknown who the Father resides with. 7. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Name Relationship None, other then each other. Plaintiffs have standing to pursue this matter pursuant to 23 Pa. C.S. § 5313(b) in that they: a. Have genuine care and concern for the minor child b. Began a long standing relationship with the child with the consent of the child's mother; and Have assumed the roles and responsibilities of the child's parents for approximately seven (7) years and provided for the physical, emotional and social needs of the child during that time deemed. Also, it is necessary to assume responsibility for the child who is substantially at risk due to parental abuse and neglect. More specifically, the child has gone approximately five (5) years with no contact with her father (other than at a recent hearing pursuant to a Protection From Abuse Order). Also, the child has alleged both physical and emotional abuse while in the custody of her mother in both Pennsylvania and Massachusetts. It is believed that there is currently a pending investigation by Massachusetts Children & Youth regarding that matter. 12. It is believed that a prior custody action solely between the Defendants granted Defendant, Lana M. I Stojkovich} Sherman primary physical custody of the minor child and Defendant, George P. Stojkovich, Jr. partial custody. That matter is docketed at Lycoming County Civil Action Number 90- 21,297. WHEREFORE, Plaintiff requests this Honorable Court to grant custody of the minor child to them. Respectfully submitted, ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 DATE: f f?ei? v ?? 7,00_T P? u WHEREFORE, Plaintiff requests this Honorable Court to grant custody of the minor child to them. Respectfully submitted, ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 DATE: 6? II VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. C, Lejeana/?. Sherman " J -/? OA- , Warren W. Sherman- 11 Date: A vdrt 1 LEJEANA SUE SHERMAN and IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, LYCOMING COUNTY, PENNSYLVANIA Plaintiffs NO. 04 - 20,169 vs. CIVIL ACTION - LAW LANA M. SHERMAN and / GEORGE STOJKOVICH, JR., IN CUSTODY / Defendants CERTIFICATE OF SERVICE I, David K. Irwin, Esquire, Attorney for Plaintiffs, hereby certify that on the 13th day of February, 2004, a true and correct copy of the foregoing Complaint in Custody was personally served on the Defendant, Lana M. Sherman, by David K. Irwin, Esquire. ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiffs 125 East Third Street Williamsport, PA 17701 (570) 326-2443 Date: a- I I- oq F:\Docunnents\dki\Sherman, Jean S. 04-0109 PFA-Custody\Cenifieate of Service 2-19-04.doe O c_ - LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff vs. LANA M. SHERMAN and GEORGE STOJKOVICH, JR., Defendant IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA NO. 04 -20 169 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT You, Lana M. Sherman and George Stojkovich, Defendants, have been sued in Court to obtain custody of Natasha M. Stojkovich. You are ordered to appear in person at the Lycoming County Courthouse, 48 West Third Street, Williamsport, Lycoming County, Pennsylvania on / at ?O k.M., in Room Number V63 for l3 a custody conference. ? a pretrial conference. ? a hearing before the Court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER CONTACT: -? o o ? Pennsylvania Bar Association -it ?j Lawyer Referral Service rn 100 South Street D ' - -0 C 'C P.O. Box 186 o Harrisburg, PA 17108-0186 Telephone (800) 692-7375 cn < IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID THROUGH: Legal Services Offices 329 Market Street Williamsport, PA 17701 Telephone (570) 323-8741 AMERICANS WITH DISABILITIES ACT of 1990 The Court of Common Pleas of Lycoming County is required by law to comply with the Americans with Disabilities Act of 1990. For information about the 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. DATE: cc: David K. Irwin, Esquire (a) Lana M. Sherman, Defendant 198 Russell Street Springfield, MA 01104 George Stojkovich, Jr., Defendant 42 Thompson Creek Drive Shippensburg, PA 17257 BY THE COURT, LEJEANA SUE SHERMAN and IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, LYCOMING COUNTY, PENNSYLVANIA Plaintiff vs. NO. 04 -2 0 16 9 CIVIL ACTION - LAW LANA M. SHERMAN and GEORGE STOJKOVICH JR., IN CUSTODY o Defendant - -r, COMPLAINT IN CUSTODY C- - 1. The Plaintiffs are husband and wife, residing at 594 Holmes Hollow azl; Huousville, Lycoming County, Pennsylvania 17737. Cr 2. The Defendant, Lana M. Sherman is an adult individual residing at 198 Russell Street, Springfield, Massachusetts 01104. 3. The Defendant, George Stojkovich, Jr, is an adult individual whose last known address is: 42 Thompson Creek Drive, Shippensburg, Pennsylvania 17257. 4. Plaintiffs seek custody of the following child: Name Present Residence Age Natasha M. Stojkovich, 594 Holmes Hollow Road, Hughesville, PA 17737 15 The child was not born out of wedlock. The child is presently in the custody of the Plaintiffs, who reside at 594 Holmes Hollow Road, Hughesville, Lycoming County, Pennsylvania 17737. The child is in the Plaintiffs' custody pursuant to a temporary Protection From Abuse Order dated February 4, 2004. The mother of the child is Lana M. Sherman currently residing at 198 Russell Street, Springfield, Massachusetts 01104. She is divorced. The father of the child is George Stojkvoch, Jr., currently believed to be residing at 42 Thompson Creek Drive, Shippensburg, Pennsylvania 17257. His marital status is unknown. 5. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Name Relationship Natasha M. Stojkovich Granddaughter 6. The relationship of Defendant, Lana M. Sherman to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Boyfriend 7. The relationship of Defendant, George Stojkovich, Jr. to the child is that of Father. It is believed that the Father has had no contact with the minor child for a period of time in excess of five (5) years. 8. Plaintiffs have participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Specifically, the Plaintiffs were granted custody of the minor child pursuant to a temporary Petition For Protection From Abuse Order dated February 4, 2004. A second hearing on the Protection From Abuse action is scheduled before the Court Of Common Pleas on February 13, 2004. This matter is docket at Lycoming County Number 04-20,160. Plaintiff has information of a custody proceeding concerning the child pending in a Court of this Commonwealth. The Court, term and number, and its relationship to this action is: Protection From Abuse action, Lycoming County, Pennsylvania, 04-20,160. Plaintiffs do not know of any 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: it is believed that the child's father has had no contact with her for a period of time in excess of five (5) years. The child's mother has provided an unstable living environment and currently has a Petition For Protection From Abuse filed in which she is the Defendant. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 10. For the past five (5) years the minor child has lived at the following addresses: (a.) From 1998 to October 3, 2003 with Defendant, Lana M. Sherman, in Sullivan County, Pennsylvania. (b) From October 4, 2003 through January 30, 2004 with Defendant, Lana M. Sherman, at 198 Russell Street, Springfield, Massachusetts 01104. (c.) From January 31, 2004 through the present, with the Plaintiffs at 594 Holmes Hollow Road, Hughesville, Pennsylvania 17737. WHEREFORE, Plaintiff requests this Honorable Court to grant custody of the minor child to them. Respectfully submitted, ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN & IRWIN, P.C. David K. Irwin, Esquire I.D. #55862 Attorney for Plaintiff 125 East Third Street Williamsport, PA 17701 (570) 326-2443 DATE: i( (t ( D4 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: f U. _ VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. -?EIQ 14112 1 - Lejea a S. Sherman Date: ru G 1 - G, j r\ V 7 (?V T-- H ? .a - ti LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN TEFFT and GEORGE STOJKOVICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- ?a47 CIVIL ACTION - LAW :CUSTODY PETITION TO MODIFY CUSTODY ORDER OF DECEMBER 7, 2004 NOW COMES, Defendant/Petitioner, Lana M. Tefft, (hereinafter referred to as Petitioner), by and through her counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner herein is Lana Tefft, who is the natural mother of the minor child, namely Natasha M. Stojkovich, born January 26, 1989, agel6. 2. Defendant/Respondent herein is George Stojkovich, who is the natural father of the minor child, namely Natasha M. Stojkovich, born January 26, 1989, age 16. 3. The parties herein are the parents of the following minor child: Name Present Address Age DOB Natasha M. Stojkovich 10 Cabin Lane, 16 %26/89 Shippensburg PA 4. An Order of Court was issued on December 7, 2004, in Lycoming County, Pennsylvania granting to Defendant/Respondent legal and primary physical custody of the child. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. Petitioner has completed counseling with Counselor, Maryanne Popko, as required by the above-referenced Custody Order. 6. Counselor Maryanne Popko deems Petitioner fit to parent the child. See Exhibit "B" attached hereto and incorporated herein by reference. 7. Petitioner had full physical custody of child from birth until December 7, 2004. 8. Defendant/Respondent was not involved the child's life until shortly prior to December 7, 2004. 9. Petitioner did not attend the hearing which resulted in the Order referenced above in Lycoming County, as Plaintiff had given birth to a daughter with her new husband only one month prior to the hearing. 10. Petitioner was the primary care giver of the child for the majority of the child's life until the hearing resulting in the Order dated December 7, 2004. 11. The present matter originated in Lycoming County, Pennsylvania. After hearing held on Petitioner's Motion for Change of Venue, an Order was issued on October 20, 2005, granting the Petition for Change of Venue to Cumberland County, Pennsylvania. A copy of said Order is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. Defendant/Respondent greatly restricts the child's access to the Petitioner, only permitting very limited phone contact, and only when child is using a speaker phone. 13. Petitioner avers and believes that Defendant/Respondent is present when he permits Petitioner to speak with child, as described in paragraph 11 above. Defendant/Respondent never permits private telephone contact between child and Petitioner. 14. Defendant/Respondent acts in a controlling manner with the child where the Petitioner is concerned, and will not permit the child free access to communication with Petitioner. 15. Petitioner believes and avers that it is child's desire to return to her mother, the Petitioner herein. 16. Presently, Petitioner has no physical contact with the child. WHEREFORE, Petitioner requests this Honorable Court enter an Order granting a Custody Conciliation as soon as practicably possible. Respectfully submitted, Lt k - k- - Mark A. Mateya, quire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: rzl-? 0 VERIFICATION I, Lana M. Tefft, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Star. Ann. § 4904 relating to unsworn falsification to authorities. Lana M. Tefft Date: M/ 4007, IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiff v No. 04-20,169 LANA M. S4EkMXN -and GEORGE STOJKOVICH, Defendants ORDER -s AND NOW, this 7°' day of December, 2004, after a custody trial at which Mother did not appear, the following order takes itntnediate effect and supersedes any prior custody order. This order involves the child, Natasha M. Stojkovich, born on January 26, 1989. The parties are: Lejeana Sue and Warren W. Sherman, the Matemal Grandparents; Lana M. Sherman, the Mother; and George Stojkovich, the Father. Father shall have legal custody and primary physical custody of Natasha. 2. Grandparents shall have partial physical custody as follows: A. One weekend each month. The weekend shall begin at 6:00 p.m. on the third Friday of the month, and shall end at 6:00 p.m. on the following Sunday. The first weekend visit shall Occur on Januarv 21, 2005. Grandparents shall not receive this monthly weekend during the month of December, nor during any sumnicr month in which they have exercised custody of Natasha. B. For four weeks each smnmer, which may he consecutive or non- consecutive. The weeks shall be chosen after discussion with Father and consideration of the child's need fir summer school or tutoring. if the parties cannot agree on the weeks, Grandparents shall choose the weeks by June i" ofeach year. However, the weeks shall not conflict with the educational needs of the child, such as summer school or tutoring. C. From 6:00 p.m. on December 26"' until 6:00 p.m. on December 30`r' each year. D. At other times, as agreed upon by the parties. 3. As the court finds Mother unfit at this time, the court will not grant Mother any partial physical custody. Mother is ordered to undergo counseling to address her abusive relationship with the child. Once the counselor has deemed her appropriate to exercise partial physical custody, she may petition for custody time, 4. Mother shall have reasonable telephone contact with the child. 5. Grandparents shall have reasonable telephone contact with the child. 6. Natasha shall be enrolled in counseling with a counselor in the 5hippensburg area, and shall attend at least five counseling sessions. The counselor shall be agreed upon by Father and Grandparents. At least two of the counseling sessions shall be attended by Natasha alone; after that time, Father or Grandparents may be inclrtded, at the discretion of the counselor. Costs ,hall he paid by father. Grandparents shall have access to any information issued by the counselor concerning Natasha. 7. Father and Grandparents shall meet to exchange the child at Angie's Truck Stop or another location agreed upon by the parties. W1GKLt5 MINI & UUr? BY,THE COURT, t b•7"' Gray, J. M David Irwin, Esq. Bradley Hillman, Esq. Lana Shennan 198 Russell St. Springfield, MA 01104 3 (b7h n lul 7117970/05 lax 1137 s2707S 14 o,rioin Meeting complex behavioral health needs July 20, 2005 Judge Richard A. Gray, Court of Common Pleas of Lycoming County, PA and other interested parties: have been seeing Lana Tefft since June 22, 2005 at the Agawam Counseling,,,%,,,,, Center in Agawam, Massachusetts for weekly individual therapy sessions. (I " Mrs. Tefft has been very invested in her treatment, always arriving early for her sessions, and has never missed an appointment. She presents as highly open and engaged during her counseling sessions, and has been working very hard to achieve her treatment goals. She has reported experiencing a great deal of anxiety since she lost custody of her sixteen year old daughter Natasha in December to her ex-husband and her parents. She has remarried and has a seven and a half month old daughter. She has tearfully expressed during each session that she wants her daughters to be given the opportunity to get to know and love each other as sisters. Sincerely, Marianne J. Popko, Licensed Mental Health Counselor AGAWAM COUNSELING CENTER G member of Behavioral Health Network, Inc, EXHIBIT M S,,,thwick Slmet PO Bo, 81 7eedmg I1iII, MA 01030 1 (-1113.786.6.110 lax 41 3 7899623 e-mad au (II " r" "" FILE COV IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY. PENNSYLVANIA LEJEANA SUE SHERMAN TEFFT and WARREN W. SHERMAN No. 04-20,168 VS LANA M. SHERMAN and GEORGE STOJKOVICH Motion to Change Venue ORDER AND NOW, this 20i' day of October, 2005, after testimony and argument, the motion to change venue filed by Defendant, Lana Sherman Tefft is granted. It has been represented to the Court that Defendant will be filing a petition for partial custody and telephone privileges. Although, a trial was held in this Court in December of 2004, since then, the child has resided with father in Cumberland County, has attended school in Cumberland County, and has a counselor and physician in Cumberland County. In short, Cumberland County is now the most appropriate County to examine the best interest of Natasha M. Stojkovich. This Court therefore relinquishes jurisdiction and the Prothonotary is DIRECTED to transfer the records to the Court of Common Pleas of Cumberland County for further action. By The Court, cc: Court Administrator William J. Burd, Prothonary Mark A. Mateya, Esquire Da3v.id Irwin, Esquire Bradley S. Hillman, Esquir Ims Richard A. Gray, ??ca V, QoG 2 O K 1 N F O -rc C'J 0 3 ? iL F G? c? 0o c S CERTIFICATE OR SERVICE I, hereby certify that I have served a copy of the foregoing Petition to Modify Custody was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: David Irwin Esquire 125 E. Yd Street Williamsport PA 17701 Bradley S Hillman Esquire 33 W 3`d Street 4202 Williamsport PA 17701 c*L - Mark A. Mateya, Esquire Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: ?a "y 01 V (? !V ^ V i ?? r :i r-, .? a , ? r,' i i C% i , .,7 V LEJEANA SUE SHERMAN AND WARREN IN THE COURT OF COMMON PLEAS OF W. SHERMAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6297 CIVIL ACTION LAW LANA M. SHERMAN TEFFT AND GEORGE STOJKOVICH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday December 14, 2005 , 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 OD Friday, January 13, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/_ Hubert X._Gilroy?Esq. 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 7/ /&/- --*,- /&:?? 4(p/ AN L li ZD06 LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS OF r WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. NO. 05-6297 CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, : Defendants ORDER OF COURT AND NOW, this day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is cheduled in Courtroom No. 2 of the Cumberland County Courthouse on the `3!a day of AL It , 2006, at 0 .m. At this hearing the Mother shall the moving party and shall proceed initially with testimony. Counsel for the partshall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the Order of the Lycoming County Court entered at docket number 04-20,169, dated December 7, 2004, shall remain in effect subject to the following modifications: A. When the Maternal Grandparents have custody of the minor child on weekends, the Mother may visit the minor child at the Maternal Grandparents' home. A condition of this visitation is that the Maternal Grandparents shall be present at all times when the Mother is with the minor child. B. Mother shall, through her counsel, provide a release to Father's counsel relative to any counseling services that Mother has obtained relative to counseling that has taken place since December of 2004. C. In the event Father desires Mother to undergo any type of evaluation or counseling sessions prior to the hearing in the above matter, and if Father makes arrangements with respect to the financial payment for those sessions, Mother shall cooperate in those sessions subject, however, to, reasonable accommodation to the fact that Mother resides in Massactuge"t Edgar Cc: ,/.lane Adams, Esquire (Q ark Mateya, Esquire ?PGir. & Mrs. Warren W. Sherman ,y? I LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS OF WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v NO. 05-6297 CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, : Defendants 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: Natasha M. Stojkovich, born January 26, 1989 2. A Conciliation Conference was held on January 13, 20W, with the following individuals in attendance: The Natural Father, George Stojkovich, with his counsel, Jane Adams, Esquire The Mother, Lana M. Tefft, with her counsel, Mark A. Mateya, Esquire The Maternal Grandparents, Lejeanna Sue Sherman and Warren W. Sherman who appeared without counsel 3. This case is a transfer from Lycoming County. In December of 2004, Lycoming County awarded custody of the minor child to the Father with the Maternal Grandparents having custody of the minor child one weekend each month by virtue of a December 7, 2004 Order. Prior to that time, the Father went long periods of time without having any custody of the minor child. Since the December 2004 Order, the Mother has had limited custody of the minor child. 4. The Mother now seeks periods of temporary custody with the minor child. Father suggests the minor child does not want to go to visit with her mother, that the minor child would have problems if she is visiting the Mother, that the Mother should undergo some type of psychological evaluation before the Mother should visit with the child. Father has expressed additional concerns relative to the advisability of Mother having contact with the child. 5. Although there is an obvious problem between the Maternal Grandparents and the Mother, the Maternal Grandparents indicated at the custody conciliation that they would be willing to have their daughter come to their house when they have custody of the minor child in order to have the Mother visit with the minor child. Mother is in agreement with that proposal. However, Father would not agree and has requested a hearing. 6. The Conciliator conferred with Judge Bayley relative to the circumstances of this case. Based upon that conference, the Conciliator recommends on Order in the form as attached. Date: January r Y , 2006 L T yl?q Hubert X. Gilr , Esquire Custody Con ' iator LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. TEFFT, formerly Lana M. Sherman, and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6297 CIVIL ACTION - LAW : IN CUSTODY CUSTODY AGREEMENT AND STIPULATION Plaintiffs LeJeana Sue Sherman and Warren W. Sherman (hereinafter "Grandparents") and Defendants Lana M. Tefft (hereinafter "Mother") and George Stojkovich (hereinafter "Father") agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to the minor child, Natasha M. Stojkovicch, (hereinafter "Child") born January 26, 1989. 1. Father shall have legal custody of the child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Father shall make until further Order of this Court. 2. Father shall have primary physical custody of the child subject to periods of visitation by Mother as stated in the previous Custody Order, dated January 23, 2006. In addition, mother shall have partial physical custody for one (1) week during June, 2006, from June 17, 2006 through June 24, 2006. 3. Father and mother shall share the cost of transporting child from father's residence to mother's residence and back again. 4. A future conciliation will be scheduled on or about the final week of June, 2006, at the convenience of the Court appointed Custody Conciliator. 5. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality as this stipulation regarding custody/visitation. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother represented by Mark A. Mateya, Esquire. Father is represented by Attorney Jane Adams. 9. The parties agree that the Cumberland County Court of Common Pleas will retain jurisdiction in any dispute whatever involving Child or custody of the Child. 10. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Date Date i ess Date Date Witness Date Date Witness Date Date Witness LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. TEFFT, formerly Lana M. Sherman, and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6297 : CIVIL ACTION - LAW : IN CUSTODY CUSTODY AGREEMENT AND STIPULATION Plaintiffs LeJeana Sue Sherman and Warren W. Sherman (hereinafter "Grandparents") and Defendants Lana M. Tefft (hereinafter "Mother") and George Stojkovich (hereinafter "Father") agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to the minor child, Natasha M. Stojkovicch, (hereinafter "Child") born January 26, 1989. 1. Father shall have legal custody of the child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Father shall make until further Order of this Court. 2. Father shall have primary physical custody of the child subject to periods of visitation by Mother as stated in the previous Custody Order, dated January 23, 2006. In addition, mother shall have partial physical custody for one (1) week during June, 2006, from June 17, 2006 through June 24, 2006. 3. Father and mother shall share the cost of transporting child from father's residence to mother's residence and back again. 4. A future conciliation will be scheduled on or about the final week of June, 2006, at the convenience of the Court appointed Custody Conciliator. 5. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality as this stipulation regarding custody/visitation. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother represented by Mark A. Mateya, Esquire. Father is represented by Attorney Jane Adams. 9. The parties agree that the Cumberland County Court of Common Pleas will retain jurisdiction in any dispute whatever involving Child or custody of the Child. 10. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Date Date sb fa Date Sh 6 Date Date Date Date Date Witness Witness Witness d` • l) LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. TEFFT, formerly Lana M. Sherman, and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6297 CIVIL ACTION - LAW : IN CUSTODY CUSTODY AGREEMENT AND STIPULATION Plaintiffs LeJeana Sue Sherman and Warren W. Sherman (hereinafter "Grandparents") and Defendants Lana M. Tefft (hereinafter "Mother") and George Stojkovich (hereinafter "Father") agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to the minor child, Natasha M. Stojkovicch, (hereinafter "Child") born January 26, 1989. 1. Father shall have legal custody of the child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the child's growth. and including but not limited to medical treatment, education and religious training, are major decisions which Father shall make until further Order of this Court. 2. Father shall have primary physical custody of the child subject to periods of visitation by Mother as stated in the previous Custody Order, dated January 23, 2006. In addition, mother shall have partial physical custody for one (1) week during June, 2006, from June 17, 2006 through June 24, 2006. 3. Father and mother shall share the cost of transporting child from father's residence to mother's residence and back again. 4. A future conciliation will be scheduled on or about the final week of June, 2006, at the convenience of the Court appointed Custody Conciliator. 5. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality as this *t stipulation regarding custody/visitation. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother represented by Mark A. Mateya, Esquire. Father is represented by Attorney Jane Adams. 9. The parties agree that the Cumberland County Court of Common Pleas will retain jurisdiction in any dispute whatever involving Child or custody of the Child. 10. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Date Date Date Date s-4 47 Date z5 /C) 6 Date Date Date Witness Witness Witness Witness C7 ND rn'33 _ ?rn rn -,, -T, m LEJEANA SUE SHERMAN and :IN THE COURT OF COMMOAX, IN-- k1 - WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-6297 Vs. : CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, Defendants ORDER AND NOW this lj day of 11M AK-j , 2006, upon consideration presentation of the within Child Custody Stipulation d Agreement, entered into by the parties on May 1, 2006, a copy of which is attached as "Exhibit A", IT IS HEREBY ORDERED that the terms and provisions of the same are hereby approved and incorporated by reference in the present Order of Court, as fully as though, and with the same force and effect as if such Order had been entered after Petition, Notice and Hearing. IT IS FURTHER ORDERED that a Custody Conciliation shall be scheduled before Hubert Gilroy, Esquire for Friday, June 30, 2006, at 10:30 a.m. MAY 1 7 2006 U? a ?- ;7_ t- ? S ? T ? u3 ? ? ? Gt_ "} ?2 ?^' r ?. -?: a,? F^ ? ..n N U j D I f LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. TEFFT, formerly Lana M. Sherman, and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6297 CIVIL ACTION - LAW : IN CUSTODY PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW The Petition of Mark A. Mateya, Esquire, respectfully represents the following: 1. The above-referenced action was originally filed in Lycoming County, Pennsylvania. Petitioner herein was retained on or about February 25, 2005, by Defendant Lana M. Tefft to represent her in this matter. 2. Since that date, Petitioner has communicated with Defendant, both in writing and by telephone and personal communication on numerous occasions. Defendant has presently not followed through with her agreements and averments to Petitioner. 3. The case is presently listed for a Domestic Relations hearing in the near future and Petitioner is unable to adequately prepare due to lack of cooperation with the Defendant. 4. Petitioner's continued representation of Defendant has been rendered unreasonably difficult by lack of good faith communication with the client, and good causes exists therefore under Rule 1.16( c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 5. Despite a fee agreement requiring payment by Defendant for Petitioner's services Defendant has fallen seriously behind in making said payments to Petitioner. r . +r 6. The continued representation of Defendant without timely payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner, and good cause exists therefore under Rule 1.16( c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 7. The Honorable Judge Bayley has previously ruled on various issues regarding this case. 8. Plaintiffs herein are represented by David Irwin, Esquire, and additional Defendant George Stojkovich is represented by Jane Adams, Esquire. Attorney Adams concurs in Petitioner's Petition for Withdrawal of Appearance. Attorney Irwin was not available to either give his concurrence or non-concurrence for Petitioner's Withdrawal of Appearance from this action. WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to withdraw his appearance for Defendant Lana Tefft in this action. Date: N I;Y-7 Respectfully submitted, a, K- Mark A. Mateya, Esquire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax . ( , - ..0 LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs V. LANA M. SHERMAN and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : LYCOMING COUNTY, PENNSYLVANIA : NO. 04-20,169 : CIVIL ACTION - LAW :CUSTODY CERTIFICATE OF CONCURRENCE/NONCONCURRENCE 1, Mark A. Mateya, attorney for Lana M. Sherman Tefft telephoned David K. Irwin, counsel for Plaintiffs and Jane Adams, counsel for Defendant George Stojkovich and requested their concurrence in the Petition for Leave to Withdraw Appearance in the above-referenced matter. Attorney Irwin was not available to either give his concurrence or non-concurrence. Attorney Jane Adams gave her concurrence in the Petition for Leave to Withdraw Appearance. Respectfully submitted, Uk. Mark A. Mateya, Esqu Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Lana Sherman Tefft Date: r ( { - 46 CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing document was served on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Jane Adams Esquire 36 South Pitt Street Carlisle PA 17013 David Irwin Esquire 125 E. 3rd Street Williamsport PA 17701 X , a7- Mark A. Mateya, Esquii? Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: e I V f i? Zip, om LEJEANA SUE SHERMAN and WARREN W. SHERMAN, PLAINTIFFS V. LANA M. TEFFT, formerly LANA M SHERMAN, AND GEORGE STOJKOVICH, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6297 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2007, a Rule is entered against Lana M. Tefft to show cause why the within petition for leave to withdraw should not be granted. Rule returnable ten (10) days after service. avid Irwin, Esquire 125 E. 3`d Street Williamsport, PA 17701 For Plaintiffs d'ane Adams, Esquire V For George Stojkovich ? Mark A. Mateya, Esquire For Lana Sherman Tefft J :sal P,. i. Al"ll t? Z CL- c t cv LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 05-6297 VS. : CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, Defendants MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Mark A. Mateya, Esquire, and respectfully represents: 1. That on or about September 14, 2007, Petitioner filed a Petition for Leave to Withdraw representation of Defendant Lana M. Tefft, in the above-referenced action. 2. A Rule to Show Cause was issued by this Honorable Court on September 19, 2007, returnable after 10 days of service to show why the relief requested should not be granted. 3. No response to the Rule was filed and the requisite ten (10) days has passed in which the parties in interest could respond to same. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order granting Petitioner leave to withdraw his appearance for Defendant Lana Tefft in the above- referenced action. Respectfully submitted, 4X_ Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: `? S CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the MOTION TO MAKE RULE ABSOLUTE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Jane Adams Esquire 36 South Pitt Street Carlisle PA 17013 David Irwin Esquire 125 E. 3`d Street Williamsport PA 17701 Lana Tefft 14 Soisalo Road Chester MA 01011 ?'L k' Kc? Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff DATED: (d 6 9 C'} :` :, ci? LEJEANA SUE SHERMAN and WARREN W. SHERMAN, Plaintiffs VS. LANA M. TEFFT, formerly Lana M. Sherman, and GEORGE STOJKOVICH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6297 : CIVIL ACTION - LAW IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Mark A. Mateya, Esquire, and respectfully represents: 1. That on or about September 14, 2007, Petitioner filed a Petition for Leave to Withdraw representation of Defendant Lana M. Tefft, in the above-referenced action. 2. A Rule to Show Cause was issued by this Honorable Court on September 19, 2007, returnable after 10 days of service to show why the relief requested should not be granted. 3. No response to the Rule was filed and the requisite ten (10) days has passed in which the parties in interest could respond to same. 4. The Honorable Judge Bayley has previously ruled on various issues regarding this case. 5. Plaintiffs herein are represented by David Irwin, Esquire, and additional Defendant George Stojkovich is represented by Jane Adams, Esquire. Attorney Adams concurs in Petitioner's Petition for Withdrawal of Appearance. Attorney Irwin was not available to either give his concurrence or non-concurrence for Petitioner's Withdrawal of Appearance from this action. Neither party has filed an Objection to the Movant's Petition to Withdraw Representation in this matter. dIA WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order granting Petitioner leave to withdraw his appearance for Defendant Lana Tefft in the above- referenced action. Respectfully submitted, -W-C Mark A. Matey Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: to zz O-? CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the MOTION TO MAKE RULE ABSOLUTE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Jane Adams Esquire 36 South Pitt Street Carlisle PA 17013 David Irwin Esquire 125 E. 3rd Street Williamsport PA 17701 Lana Tefft 14 Soisalo Road Chester MA 01011 1?- Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff DATED: iZ7' 6? t-? --4 M MI M f'. 1CD w _ ?-,fir -rh C(OPY LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 05-6297 VS. : CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, Defendants ORDER AND NOW, this day of , 2007, pursuant to Petitioner's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that the relief requested is granted as follows: a. Petitioner is granted leave to withdraw his appearance for Defendant Lana Tefft in this action. BY THE COURT: J. I • ' OCT E510071V a. r LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 05-6297 VS. : CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, Defendants ORDER AND NOW, this?L-Vday of e2ce!?? 2007, pursuant to Petitioner's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that the relief requested is granted as follows: a. Petitioner is granted leave to withdraw his appearance for Defendant Lana Tefft in this action. ?- Cc) LLJ y iV. tJ . ?y CD : C1 LL- N ? F? LEJEANA SUE SHERMAN and : IN THE COURT OF COMMON PLEAS WARREN W. SHERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 05-6297 VS. : CIVIL ACTION - LAW LANA M. TEFFT, formerly Lana M. : IN CUSTODY Sherman, and GEORGE STOJKOVICH, Defendants AMENDMENT TO MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Mark A. Mateya, Esquire, and respectfully amends the Motion to Make Rule Absolute as follows: 2. A Rule to Show Cause was issued by The Honorable Edgar B. Bayley on September 19, 2007, returnable after 10 days of service to show why the relief requested should not be granted. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order granting Petitioner leave to withdraw his appearance for Defendant Lana Tefft in the above- referenced action. Respectfully submitted, Mark A. Mateya, Esquire P.O. Box 127 (/ Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: 10 /7- - 6 7 r CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the MOTION TO MAKE RULE ABSOLUTE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Jane Adams Esquire 36 South Pitt Street Carlisle PA 17013 David Irwin Esquire 125 E. 3rd Street Williamsport PA 17701 Lana Tefft 14 Soisalo Road Chester MA 01011 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff DATED: ` ? /70 (()? :. cz:d I ?i r IL r