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HomeMy WebLinkAbout06-1443MARK A. HERSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW BEVERLEY A. HERSH, IN DIVORCE AND CUSTODY Defendant NO. OL- 1Y92 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 I MARK A. HERSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW BEVERLEY A. HERSH, : IN DIVORCE AND CUSTODY Defendant : NO. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en ]as paginas siguientes, debe tomar action con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra per la Corte. Una decision puede tambien ser emitida en su contra per cualquier otra queja o compensation reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONEE PUEDF, OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (717) 854-8755 MARK A. HERSH, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BEVERLEY A. HERSH, Defendant CIVIL ACTION -LAW IN DIVORCE AND CUSTODY NO. 01o-NYl ?ic> LI S?411 COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE COUNTI AND NOW, this day of/?-? ;'2006, comes the Plaintiff, Mark Hersh, by his attorney, Jane M. Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Mark A. Hersh, who currently resides at 421 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Beverley A. Hersh, who currently resides at 1832 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 31, 2005 at Carlisle, Pennsylvania. 5. There was one child born between the parties prior to marriage. The child, Hunter D. Hersh, was born on December 3, 2001, age 4. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through eleven (11) are incorporated herein by reference and made a part hereof. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, the Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and for such further relief as the Court may deem equitable and just. COUNT IV COMPLAINT FOR CUSTODY 15. The Plaintiff seeks joint physical custody and joint legal custody of the following child, Hunter Hersh, age 4, born December 3, 2001. 16. The child was born prior to this marriage. 17. The child is presently in the custody of Plaintiff. 18. At the time of the child's birth, the child resided with the Plaintiff and Defendant at 1420 Bradley Drive, Carlisle, Cumberland County, Pennsylvania 17013. In March 2002, the child resided with the Plaintiff and Defendant at 1832 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania 17013. The child continued to reside at that address until the Plaintiff and Defendant separated on January 22, 2006. The child now resides with Defendant at 1832 Sterretts Gap Avenue, Carlisle, PA 17013. 19. The relationship of the Plaintiff to the child is that of natural father. 20. The relationship of the Defendant to the child is that of natural mother. 21. The Plaintiff is seeking joint legal custody of the child and joint physical custody of said child. 22. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 24. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 25. The best interest and permanent welfare of the child will be best served by granting the Plaintiffjoint physical custody andjoint legal custody so that both parties can share the responsibility of rearing their son. WHEREFORE, the Plaintiff requests your Honorable Court to grant him joint physical custody and joint legal custody of the subject child and that neither party shall remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully submitted, uwre •e Street 19 Verification t verify that the statements made in this Complaint in Divorce and Petition for custody are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4404 relating to unswom falsification to authorities. fCfG DATE: M r A. Hersh I COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Mark A. Hersh who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. /7 1 ry!' '.. L /i 1L M$rk(A. Hersh Sworn to and subscribed before m this _J! _.day of .?J{tuck. 2006. L4Z tiJ Public Y, a ? w C c C C { MARK A. HERSH IN THE. COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1443 CIVIL ACTION LAW BEVERLEY A. HERSH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 23, 2006 _, , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Cam Hill, PA 17011 on Friday April 21, 2006 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s! Melissa P. Greg_ Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules' 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 'i 10 t. v Ce'. /J JL':YO Attu t a .-.4 J WR :' ( )0(f, ?-- MARK A. HERSH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 06-1443 BEVERLY A HERSH, Defendant IN DIVORCE AND CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of the firm of Broujos & Gilroy, P.C. and Hubert X. Gilroy, Esquire as attorney for Defendant Beverly A. Hersh. Dated: March 23, 2006 // /j ?`/ Hubert X. Gi oy, Esquire Broujos & Troy, P.C. 4 N. Hano r Street Carlisle. A 17013 (717) 2,43-4574 ID # 943 Attorney for Defendant !;: 7 C; ?-? tsiJG E? _P P ? II MARK A. HERSH, Plaintiff VS. BEVERLEY A. HERSH, Defendant : IN THE. COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 06-1443 CIVIL ACTION LAW : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE i AND NOW. this,,, ay of l ?2006 personally appeared Jane M. Alexander, Esquire who sw rs according to law, that a true and correct copy of a COMPLAINT IN DIVORCE AND CUSTODY was caused to be served by certified mail with return receipt requested upon the said, BEVERLEY A. HERSH 1832 STERRETTS GAP AVENUE CARLISLE, PA 17013 on March 16, 2006 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. ane M. Alexa er, Esquiy Attorney I.D. 907355 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subscri d before me his, day of .2006. F_ MARK A. HERSH, Plaintiff VS. BEVERLEY A. HERSH, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 06-1443 CIVIL ACTION LAW IN DIVORCE AND CUSTODY PROOF OF SERVICE Ir , m r . 1 `Ln Cv 15LE '1 1 In ..D / Postage IS l 3 M nm /c dF 42.f0 M e e ee ' ? " Reci pt Fee Rt. 61.85 q (Endorsement Required) EM Ill Restricted Delivery Fee (Endorsement Required) $3.70 Iti E3 Total Postage B Fees $ f8.58 p Sent?e \ M1 at ¦ Complete items 1, 2, and 3.. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece or on the front If space permits. 1. Article Addressed to: 0 1 3a ?teccet ? 1que 'kArl?s\ `to ? 0019 r Oi Postmark Here. 03/16/2006 C/. P 5 . A S1 M1 M X O Agent LCD Mc(/? ! J 0 Addressee P Received by (P1 100d Name) C. Data of Delivery ev4vi4i • l?je? 3a-2-06 D. Is delivery 6ddress different from Item 17 0 Yes If YES, enter delivery address below: 0 No /5?a2 8 Q??/e Dr- *J1,13 sle- 3. service Type jErCentled Mall ? Express Mail (3 Registered ?iZRaMn Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) je yes z. Article ( farfrom from service, Zabel) 7004 0750 0003 6356 1739 ifxrtsrer PS Form 3811, February 2004 Domestic Return Receipt 10259ro2.M-1540 1..? i ? J `Y1 .-1 fir. T .1?- ??,? _ (,C ?V _ Ct% RECEIVED MAY 251006 MARK A. HERSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0641443 CIVIL TERM V. BEVERLEY A. HERSH, Defendant ORDER OF COURT AND NOW, this 30'61 day of to 0. of the attached Custody Conciliation Summary Re ort, it is follows: 1. Legal Custody. The parties, Mark A. Hersh and Be shared legal custody of the minor child, Hunter D. Hersh, born parent shall have an equal right, to be exercised jointly with th major non-emergency decisions affecting the child's general w limited to, all decisions regarding his health, education and relig ACTION - LAW CUSTODY 2006, upon consideration y ordered and directed as -rley A. Hersh, shall have iecember 3, 2001. Each other parent, to make all information pertaining eing including, but not Pursuant to the terms or school records, the of 23 Pa. C. S. §5309, each parent shall be entitled to all recordsian and to the child including, but not limited to, medical, dental, religi us residence address of the child and of the other parent. To possession of any such records or information, that parent sh same, or copies thereof, with the other parent within such rew records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall share physical the following schedule: A. Father shall have custody on Tuesdays and ' B. Mother shall have custody on Mondays and 1 C. Mother shall have custody on alternating May 19, 2006. Mother's custodial weekends shall comm; and continue until Father's custodial period begins on Tue: D. Father shall have custody on alternating we Friday evening when he picks up the child at Mother evening at 5:00 p.m. However, upon two weeks' notice Father's option, his custodial weekend shall be extended time per month, when the child is taken to the day care that this option shall continue to be available to Fathe months of June, July and August of 2006. The parties hav extent one parent has be required to share the able time as to make the in accordance with ursdays overnight. .dnesdays overnight. weekends commencing ce on Fridays after work kends commending from residence until Sunday ,om Father to Mother, at itil Monday morning, one %nter. The parties agree throughout the summer agreed to extend NO. 06-1443 CIVIL TERM Father's custodial weekends one time per month, until onday morning, with the understanding that if the child is having severe emotional difficulty with not returning to Mother on Sunday evening, Father will contact Moth r to arrange to return the child to Mother. 3. Vacation. Each parent shall be entitled to two uninte rupted weeks of vacation each year, and shall commence with the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting sche ules for vacation, the party first providing written notice to the other party shall have Cho ce of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 4. Holidays. In the absence of a mutual agreement regarding the sharing of holidays, the attached holiday schedule shall supercede the regul r schedule. 5. In the event that either party would like the custody reconvene, the conference may be reconvened after August 31, the Conciliator from counsel for either party. If such request is September, 2006, no further pleading shall be necessary in orc rescheduled. Request for conciliation conference after Septemt by petition. BY THE COURT: conference to D6 by a letter request to We during the month of to have the conference 30, 2006 shall be made J. Dist: .Michael A. Scherer, Esquire, 19 W. Smith Street, Carlisle, PA 17013 ,dyne M. Alexander, Esquire, 148 S. Baltimore Street, Dillsburg, PA 17019 06, r 61 = fiv 1 E RECEIVED MAY @ 5 2006 MARK A. HERSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 0641443 CIVIL TERM V. BEVERLEY A. HERSH, Defendant ACTION - LAW ICI CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULP OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child v?ho is the subject of this litigation is as follows: NAME DATE OF BIRTH Hunter D. Hersh December 3, 2001 Mother and Father 2. Father filed a Complaint for Divorce on or ab ut March 2, 2006. The Complaint included a count for custody. A Custody Conciliation onference was scheduled for April 21, 2006 but continued by concurrence of counsel until May 19, 2006. Present for the conference were: the Father, Mark A. Hersh, and his co nsel, Jane M. Alexander, Esquire; the Mother, Beverley A. Hersh, and her counsel, Micha I A. Scherer, Esquire. 3. The parties reached an agreement as to temporar attached. They further agreed that if either felt that they ni conciliation after trying the arrangement for three months, that if and faxed to the Conciliator during the month of September, 20( could be reconvened without the necessity of a new pleading conference after September 30, 2006, shall be handled a Date Melissa P Custody C in the form of an Order as :ded to return to custody written request was made a conciliation conference Requests for conciliation nal course. Greevy, Esquire :275848 MARK A. HERSH, VS. : IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY, PENNA. NO. 06-1443 Civil Term BEVERLY A. HERSH, Defendant : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 14, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: e99'-C2-0- & Beverly A. sh (?' G E MARK A. HERSH, : IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY, PENNA. VS. . NO. 06-1443 Civil Term BEVERLY A. HERSH, : CIVIL ACTION-LAW ?j61??y Defendant . IN DIVORCE ,?J t tp WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: (/ l r) r% ,U Beverly A. sh _; .:', MARK A. HERSH, : IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY, PENNA. VS. BEVERLEY A. HERSH, Defendant No. 06-1443 Civil Term CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 14, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: U'?1(d!c a.,l Q.evL? Mark A. Hersh ? ? P P O' ?? ??? ? n ? 57 Z? ?,`t -? 'fit' ?' r ? ?, ? MARK A. HERSH, : IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY, PENNA. VS. . NO. 06-1443 Civil Term BEVERLEY A. HERSH, : CIVIL ACTION-LAW Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: y/9 /06 44 Q - M ek Mark A. Hersh "tYf ? C O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. HERSH, VS. PLAINTIFF BEVERLEY A. HERSH, DEFENDANT NO. 06-1443 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 01 day of '2006 by and between Mark A. Hersh, of 421 Boxwood Court Mech icsburg, Cumberland, Pennsylvania 17050 (hereinafter referred to as "HUSBAND") and Beverley A. Hersh, of 1832 Sterretts Gap Avenue, Carlisle, Cumberland, Pennsylvania 17013 (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were married March 31, 2005 in Carlisle Cumberland County, Pennsylvania. HUSBAND instituted an action in divorce to No. 06-1443 in the Court of Common Pleas of Cumberland County, Pennsylvania on March 14, 2006. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born to this these parties: Hunter D. Hersh, age 4 born December 3, 2001. NOW, THEREFORE, in consideration of the promises and the mutual promises, Page I of 8 covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2, The terms of this Agreement and their effect have been fully explained to the HUSBAND by his counsel, Jane M. Alexander, Esquire. WIFE has been advised of her rights and the terms of this agreement by her counsel, Hubert X. Gilroy. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, Page 2 of 8 profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. 6.3) The two Visa accounts and the MasterCard account all in Husband's name have been paid in full and the accounts closed. Page 3 of 8 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully effectually, in all respects and for all purpose as if he or she were not married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: a) HUSBAND shall retain possession, title, and sole ownership to the following vehicles: 2000 Ford Explorer, Wife will sign over her interest in vehicle to Husband. b) WIFE shall retain possession, title, and sole ownership to the following vehicles: 2005 Honda Elantra which is in Husband's name. Husband will sign over his interest in vehicle. Wife shall seek refinancing of the debt on the vehicle on or before Dec 31, 2006. Wife shall hold Husband harmless from any debts, or encumbrance or costs relating to said vehicle. 7.3) Household furnishings: The parties have divided the household Page 4 of 8 furnishings to their mutual satisfaction. 7.4) Pensions: Stock options, Retirement funds, IRAs: a) Neither party will make any claim against any 401 K's, Pension Plans, Retirement Funds or any other savings plans of the other party. If any releases or other documents are required to confirm removal of spouse's interest both parties agree to cooperate in signing said documents. 8. SPOUSAL SUPPORTlALIMONY: Neither party has or will make claim for spousal support and/or alimony. 9. CUSTODY AND CHILD SUPPORT: a) Custody: of Hunter D. Hersh shall be governed by the Order of Court dated May 30, 2006 signed by Judge Ebert. These parties agree that, in addition to the terms of the order, if either parent is unable to provide day care for the child for a period in excess of four hours, the custodied parent shall contact the other parent to provide day care. b) Child Support: The support action filed in the Cumberland County Domestic Relations Office to PACSES Case Number 242108193 shall be terminated. Husband agrees to pay one half the day care and all medical expenses for the child which are not covered by insurance. 11. BANKRUPTCY: The parties hereby agree that the provision of the Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained Page 5 of 8 herein. In the event a parry files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other parry shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 12. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 13. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 14. The waiver or unenforceability of any tern, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 15. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 16. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Page 6 of 8 Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. S BY: M. for Plaintiff Hube X. Gilroy, squire Attorney for De dant // ? a. f?,I'K Mark A. Hersh, Plaintiff ear ? Beverly A. ersh, Defendant Beyerher COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the RL_ day of 2006, before me the undersigned officer, a Notary Public, in d fo aid Commonwealth and County, Personally appeared Beverly A. Hersh, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and COMMONWEALTH OF PENNSYLVANIA /Nol Notarial Seal r MY Shelly Brodcs, Notary Pudic Carlisle Bono, Cumberland County My Commission FVres Aug. 5, 2009 Member, Pennsylvania Association of Notaries Expires: F-S141 Page 7 of 8 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, the 1ot day of auel?t , 2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Mark A. Hersh, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Narumd Alexander, Notary Pudic Dillsburg Boro, York County My Commisslw Expires Apr. 7, 2010 Member. Pennsvlvanla Association of Notaries Page 8 of 8 1 w msT, s? t Gn -WM co w 55 rv MARK A. HERSH, vs. BEVERLEY A. HERSH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. : NO. 06-1443 Civil Term : CIVILACTION-LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: was sent certified mail restricted delivery and was served to the Defendant on March 22, 2006, 3. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff Aumst 9.2006 ; by defendant July 20. 2006 . b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marriage Settlement eement dated July 24 2006 signed by both parties (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: August 11 2006. Date defendant's Waiver of Notice was filed with the Prothonotary: ,rdA 992006. i Date: M. Alexan Esc A omey for Pla' tiff omey I.D. #07355 8 S. Baltimore Street illsburg, PA 17019 (717) 432-4514 c O o 4 r 10. G ?7 7( i 2:- -<, -- co iIp c {te -10 n w m { .c? %n < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STP FE OF PENNA. MARK A. HERSH No. 06 1443 VERSUS BEVERLEY A. HERSH DECREE IN DIVORCE AND NOW, ?1 VQ VS? 13 IT IS ORDERED AND DECREED THAT MARK A. HERSH PLAINTIFF, AND BEVERLEY A. HERSH DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: ATTEST: J. ROTHONOTARY ?? ,? ? ? i ? ?? ? L? ???? ? ? MARK A. HERSH, VS. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-1443 CIVIL TERM BEVERLEY A. HERSH, Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, after the entry of a Final Decree in Divorce dated August 23, 2006, hereby elects to resume the prior surname of Beverley A. Fontanella and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. / Date: September , 2006 Beverley A. ersh Beverley A. ntanella Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND On the -1A --ay of September, 2006, before me, a notary public, personally appeared the above affiant, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public 70tarybfblic Carlisle Boro, Cumberland County My Commission Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@isdc.com MARK A. HERSH, Plaintiff/Petitioner VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1443 CIVIL TERM BEVERLEY A. HERSH, n/k/a CIVIL ACTION -LAW BEVERLY A. FONTANELLA Defendant/Respondent CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff/Petitioner, MARK A. HERSH, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff/Petitioner is MARK A. HERSH (hereinafter referred to as "Father"), who resides at 212 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant/Respondent is BEVERLY A. FONTANELLA (hereinafter referred to as "Mother"), who resides at 28 North Orange Street, Carlisle, Cumberland County, Pennsylvania. 3. Mother and Father are divorced and are the parents of one child, HUNTER D. HERSH, born December 13, 2001. 4. Pursuant to a Custody Order dated May 30, 2006, issued by the Honorable M.L. Ebert, Jr., the parties were awarded shared legal and physical custody of said child. (See copy of Order, marked Exhibit "A", attached hereto and made part hereof.) 5. The best interests and welfare of the minor child would be served by placing shared physical and legal custody of the child with Father, on a week on, week off basis. 6. The minor child has resided at the following addresses since birth: (a) From birth until mid-2003 in Carlisle, Cumberland County, Pennsylvania with both parents. (b) From mid-2003 until January 21, 2006 at 1832 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania with both parents. (c) From January 21, 2006 until mid-2006 at 1832 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania with Mother and at 421 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania with Father. (d) From mid-2006 until October 2007 at 28 North Orange Street, Carlisle, Cumberland County, Pennsylvania with Mother and at 421 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania with Father. (e) From October 2007 until present at 28 North Orange Street, Carlisle, Cumberland County, Pennsylvania with Mother and at 212 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania with Father. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term and number. 9. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the hereto referenced action. 10. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that shared physical and legal custody of the minor child, HUNTER D. HERSH, be placed with both Father. Respectfully submitted, Date: March' L 2008 . ?h?L k MAX J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Page 1 of 1 01 1% MARK A. HERSH, RlaW V. BEVERLEY A. HERSH, Defendant RECEIVED MAY 25 M 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.0 1443 CIVIL TERM Chit ACTION - iA'W11 IN CUSTODY AND NOW, this day of N24 2006, upon consideration of the attached Custody Conciliation Surw sty Re it, It is hereby ordered and dkewcted as follows: 1. j=l„QWjtggy The parties, Mario A. Hersh and Bey erdey A, Hersh, Mail tuwve shared bpi custody of ft minor child, Hunter D. Harsh, bom fe co rnloer 3, 2001. Each parent shall have an equal rte, to be exercdaed jointly with the other punt, ton aH n*or nor.4mer MaW decworw affecting the chiWs general ilbeing including, but not limited to, all decisions rad}arding his hwalth, education and rellgim Pursuant to the temws of 23 Pa. C. S. §6309, each parent shag be entitled to all records and information pertaining to the chili lockidiwg, but not limited to, medical, dental, relipiot,ws or school records, the residence addrass of the child and of the other parent To the extent one parent has possession of any such records or information, that parent shall be required to abate the same, or copies thereof, with the other parent within such reasclrtable time as to make the records and information of reasonable use to the other parent, 2. Physical CtW0Y. The parties shall share physical custody in accordance with they following sdweadude: A. Farther shall have custody on Tuesdays and Thursdays overnight. B, Mother shall have custody on Mondays and wednesdays Overnight, C. Mottwer shall twee custody on alts i weeltends Commencing Mlay 19, 2006. Mother's custodial weekends shall convr*we on Fridays after work and continue until Fathees custodial period begins on Tuesdays. D. Father shalt hmm custody on ahemating wgralcends commending from Friday evenkV when he picks up the chill at MoVw* residence until Sunday evening at 5:00 p.m. Hamwer, upon two wheetcs' notices Ifrkan Father to Mofher, at Father's option, his custodial wee stand shall be extended Ontil Monday rnorr, ing, one dms per month, widen ttwe did is taken to the day care t*nter. The parties agree that this option shall continue to be available to Fathom throughout the summer months of June, July and August of 2006. The parties have agreed to extend http://records.ccpa.net/weblink_publicllmageDisplay.aspx?cache=yes&sessionkey=WLIm... 3/13/2008 Page 1 of 1 1% NO. 06-1443 CIVIL TERM Falher's custodial weekermJs one time per moth, until Monday morning, with the understanding oral if the cad is having severe emotionalgdifliartty with s reduming to Mother on Sunday evening, Father wit contact Wh6r to strange to return the tad to Mather. 3. Vim. Each parent shat be entitled to two uninti pted weeks of vacation each year, and shall commence with the vacationing parent's i custodial weaWnd. The parties shat provide each other with at least a thirty-day notiois of their planned vw ation time. In the avant that the parties have arranged con#k;&V sche*des f r vacation, the party lust providing written notice to the other party shall have dxAoe of the vacation week. Additionally, to vacationing parent shall provide a telephone numW and locaa lion where they can be reached during the vacation. 4. Hal In the absence of a auto agreerneM regarding the sharing of holidays, the attached holiday schedule sham supercade the regular sctiedulle. 5. In the event that agar party would like the custody boncillation conference to reconvene, On conference may be rsconvened after August 31, by a litter request to the Combsttur frorn counsel for either party. if such re*iW is made during the month of September, 2006, no further pleading shall be necessary in or st to to" the confarent a reschedutaed. Request for conciliation conference slier September 30, 2006 shall be made by petition. Dbw i ,,"A. Sohem E*z*o, 19 W. Snrth Elrod. Callen, PA 1?013 _,J" M. AW=ndw, Evore. US S, a11tIamme Steed, Dom. PA 17019 BY THE COURT., J. http://records. ccpa.netlweblink_public/ImageDisplay.aspx?cache=yes&sessionkey=VvLIm... 3/13/2008 O , (?1 w ? v c v s MARK A. HERSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-1443 CIVIL ACTION LAW BEVERLEY A. HERSH N/K/A BEVERLY A. FONTANELLA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 01, 2008 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF 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 fry '4?) e- ?,/, Ail ?f HIR MAY 0 82008 (fl MARK A. HERSH, Plaintiff V. BEVERLY A. HERSH N/K/A BEVERLY A. FONTANELLA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1443 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT th AND NOW, this day of ay , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 30, 2006 is hereby vacated. 2. The Father, Mark A. Hersh and the Mother, Beverly A. Hersh, n/k/a Beverly A. Fontanella, shall have shared legal custody of Hunter D. Hersh, bona December 13, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general xNell-being including, but not limited to, all decisions regarding his health, education and relitJon. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall he required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children"s parties, musical presentations, back-to-school nights, and the like. The child shall continue to attend the Carlisle School District. 3. The parents shall have shared physical custody on a week on/week off schedule beginning May 4, 2008. The exchange day and time shall be Sunday at 5:00 p.m. Father shall have the first week. During the school year, the non-custodial parent shall have physical custody of the child on Wednesday from after work until 7:30 p.m. 5 Dunn- the summer, the non-custodial parent shall have physical custody of the child on Wednesday from after work to Thursday when he shall be dropped off at day care. 4. Transportation shall be shared such that the receiving party shall transport, except for the Wednesday periods of physical custody when the parent exercising physical custody shall be responsible for all transportation. 5. Holidays shall be shared as agreed by the parties. 6. Each parent shall have two uninterrupted weeks of vacation eaca year, prox'ided they give the other parent at least 30 days prior notice and provide a location and telephone number where the child may be reached. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conci 1 iation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference may be scheduled within 90 days of this Order by either party. BY THE COURT, ?X --? ?_a M.L. Ebert, Jr., J. cc: ' ix J. Smith, Jr., Esquire, Counsel for Father ?Jeiiiiifer Spears, Esquire, Counsel for Mother ?-?F+ 1 ?' Y?1d I l£6.. 1 s L/O9 -VINVA W ??fr ' . MARK A. HERSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1443 CIVIL ACTION - LAW BEVERLY A. HERSH N/K/A BEVERLY A. FONTANELLA, : IN CUSTODY Defendant PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter D. Hersh December 13, 2001 shared 2. A Conciliation Conference was held in this matter on May 1, 2008, with the following in attendance: The Father, Mark A. Hersh, with his counsel, Max J. Smith, Jr.. Esquire and the Mother, Beverly A. Hersh, n/k/a Beverly Fontanella, with her counsel. Jennifer Spears, Esquire. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated May 30, 2006 providing for shared legal and shared physical custody of the child. 4. The parties agreed to an Order in the form as attached. -a _a III V S' o,.--.?, Date ac eline M. Verney, Esquire Custody Conciliator MARK A. HERSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1443 CIVIL ACTION - LAW BEVERLY A. HERSH, N/K/A BEVERLY A. FONTANELLA, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ine M. Verney, Esquire, Custod Conciliator RLE -61"' If"E 2009 SEP 15 A - 24' PENN'Sy