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HomeMy WebLinkAbout02-2313.r o. of ?q T O. °/ IS - YiNVAWNN3d hLWOO C7fi 7? 3>r?af1? ? , *Z Ind 0 t IN ZO AFIb'Cu'; ;i0t ;J "-ii j0 3*,XP&,0311j (hz? IN THE COURT OF COMMON PLEAS OF ERIN L. CORNMAN CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V 02-2313 CIVIL ACTION LAW BRENT S. CORNMAN IN CUSTODY DEFENDANT LOURT Of the attached Complaint, upon consideration Frida, Ma 10, 2002 Melissa P GreevyEsq, the conciliator, AND NOW, before arties and their respective counsel appeaz at 8 AM it is hereby directed that p PA 17043 on Tuesda ,June 18 , 2002 dispute; or m° e' 301 Market Street, Le at . At such conference, an effort will be made to resolve the issues in aring Custody Confereece the court, and to enter for a Pre-He into a temporary shed, to define and narrow the issues to be heard by appear at the conference may if this cannot be accompfi also be present at the conference. Failure to app order. All children age five or older may anent order, ose provide grounds for entry of a temporary or p from Ab' ermanent otection court hereby directs the parties to furnish any and all existing Pto scheduled hearing. orders, prior Special Relief orders, and Custody orders to the conciliator 48 hours FOR THE COURT, By; Isl Custody Conciliator f Common Pleas of For County is required by law to comply with the ss before the cou, please contact our office. Americans with Disabilites Act of 1990. or information about ss b s ore t rt duals The Court o mess befoand re reasonable court. You must hearing beemade at least ndivi. hours prior to business aval All arrangements the scheduled conference or hearing. attend the TO YOUR ATTORNEY AT ONCE. IF OFF DOSEO YOU SHOUYDOR CA THIS NNOT C PAPER ORD ONE, GO TO OR TELEPHONE THE HAVE AN ATTO OUT WHEN YOU CAN GET LEGAL HELP. FORTH BELOW TO FIND Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VERIFICATION . I, Erin L. COmman, hereby verify that the statements made in the foregoing knowledge, information and belief. I document are true and correct to the best of my penalties I S Pa. C. S. understand that false statements herein are made subject to the Section 4904, relating to unworn falsification to authorities. Erin L. Cormnan DATED: 5-10 -0";,- WHEREFORE, Plaintiff respectfully requests the court to grant her primary physical and joint legal custody of the parties' minor Child. DATED: c'IU'U'l of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 1199 17108 Harrisburg, (717) 233-7691 Respectfully submitted, <;omA. Beckley 4izath S. *Beck ey 7 28. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court. 29. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 30. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 31. The best interest and permanent welfare of the Child tawill be served ker of the Child granting the relief requested because plaintiff has been the primary since birth. 32. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene. 6 Age Name Present 1 ?/z 5340 Oxford 55 Jenna M. COmman Mechanicsburg, PA 1701 Q Mec resently in the custody of plaintiff who resides at 5340 22. The Child is p Pennsylvania 17055. oxford Circle, Apt 52 Q, Mechanicsburg, Cumberland County, 23 During the past five years, the Child has resided with the following persons and at the following addresses: Dates Address Pe-rte From birth till 4-19-02 Erin and Brent Comman 800 York Road, Lot 36 Dover, PA 24. The Mother of the child is Erin L. Comman, currently residing at 5340 Oxford Circle, Apt 52 Q, Mechanicsburg, Pennsylvania 17055 25. The Father of the Child is Brent S. Cornman, currently residing at 800 York Road, Lot 36, Dover, Pennsylvania 17315. 26 The relationship of plaintiff to the Child is that of Mother. Plaintiff currently resides with the following persons: The parties minor Child. 27. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Alone. 5 WHEREFORE, Plaintiff, Erin L. Cornman, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORC CODE 18. The averments contained in paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19 Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff, Erin L. Cornman, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until sel fees final hearing and thereupon award such additional coun, costs and expenses as deemed appropriate. COUNT V REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 21 Plaintiff seeks primary physical custody of the following Child: 4 during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, plaintiff, Erin L. Cornman, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage- 3 7. Plaintiff has been advised of the availability of counseling and that plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff s marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Erin L. Cornman, respectfully requests the Court to enter a Decree of Divorce. COUNT R EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE d in Paragraphs 1 through 10 of this Complaint are . The averments containe 1 t. The averments cOntame incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, 2 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE 0 a- 2313 .NO. COMPLAINT AND NOW comes the plaintiff, Erin L. Comman, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Erin L. Cornman, is an adult individual residing at 5340 Oxford Circle, Apt 52 Q, Mechanicsburg, Cumberland County, Pennsylvania 17512. 2. Defendant, Brent S. Cornman, is an adult individual residing at 800 York Road, Lot 36, Dover, York County, Pennsylvania 17315. 3 Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on May 13, 2000. 5 There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. ERIN L. COmm^ JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :fN DIVORCE/CUSTODY BRENT S. CORNMAN, Defendant :NO. - 2313 ?w? Q NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN es you IN m must take proIf YOU W mpt ac ish to defend against the claims You are warned that if you set forth in the following fail to do so, the case may proceed without you ann ?yrso be entered against for any be entered against you by the court. A Jbegm Plaintiff. You may lose money or other claim or relief requested in these papers by the property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A TELEPHONE THE OFFICE SET FORTH BELOW O FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-02313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNMAN ERIN L VS CORNMAN BRENT S R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CORNMAN BRENT S but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - DIVORCE County, Pennsylvania, to On June 5th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 34.60 .00 71.60 06/05/2002 BECKLEY & MADDEN So answ s• - R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this I 9? day of w aofl.t. A. D. r ' ` esr rothonotar in his bailiwick. He therefore COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771.9601 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES Erin L. 3. DEFENDANT/S/ NUMULK in Divorce SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SULD. 1* Brent S. Corrunan 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TNP., STATE AND ZIP CODE) AT 800 York Road Lot 36 Dover, PA 17315 7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? 1ST CLASS MAIL ? POSTED ?OTHER NOW May 13 20 02 I, SHERIFF C RT. AIL NTT PA, do hereby deputize the sheriff of yore COUNTY to execute to return ther=ording to law. This deputization being made at the request and risk of the plaintiff. , Q?IAL INSTRUCTIONS OR O H K??KIl??QQ------ THA W N N S ?? A p ^ ? e / ? C m CL nberland to 1 o (a s Irtd r v s anpl Mr i Penn Detroit Diesel Allison located at oyed ad, 355 Sipe R H York aven He usually returns to his POE between 3:30 and 4:00 PM. OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 4ATOR and SIGNATURE . 3rd ST. PO BOX 11998 233-7691 1 5-10-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 11 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS 5-15-02 6-9-02 16. HOW SERVED: PERSONAL (A-11 RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. ? I hereb certify a td retu a NOT FOUND because I am unable to locale the individual, company, etc. name above. (See remarks below.) 18. NAM N TITLE IDUAL ERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dpte of Service 20. Time of Service 4 .)r Date I Time I Miles I Int. I Dale I Time I Miles I Int. I Date I Time I Miles I Int. 22. r'v?w c-z? oaf 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Casts 33. Coals Due u Check No. 75.00 18.00 14.60 32.60 2.00 34.60 40.40 S,3fi 4. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund 31 SOANSWERS 11. AFFIRMED arld,sybscdbed to before rao_jhis IhA1 UL 44. Signature of 45. DA t2. day of , 20 _.-.43. De p. Sheriff 3. y - RY 46. Signature of York 470.' DATE - NOTARIALSEA.L C Sh iff MELISSA J. SHAFFER, Notary Public ounty er - City of York, York my HO WILLIAM M. 5-31-02 ConrrnissionE'ir 'A 0 06 48. Signature of Foreign 49. DATE County Sheriff 1 AC OWLEDGE RECEIPT THE SHERIF URN SIGNATURE 51. DATE RECE IVED OF AND TITLE 1. WHITE- Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office YXfC1Y i Ob ?T Wd ST ?Utj 20. .J;'ItwNS a ??, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, CIVIL ACTION -LAW Respondent/Plaintiff V. BRENT S. CORNMAN, Petitioner/Defendant NO.: 02-2313 ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Petitioner. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO PARA DEFENDER USTED HA SIDO DEMANDADO EN LA CORTE. Si desea de las quejas expuestas en la paginas siguientes, debe tomar accion antes de la audiencia fijada en ]a Directive anexa. Se le avisa que si no se defiende, el caso puede proceder sin usted y una Orden puede ser emitida por la Corte en su contra sin mas aviso por cualquier queja o compensacion reclamados en la Peticion. Unsted puede perder propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA PAPEL A SU ABOGADO DE UNA VEZ. SI NO TIENE 0 NO PURDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. Lawyer RefenW Seuvice of Cumbedand County Bar Association 2 Libefty Avenue, Cadisle, Pennsylvania 17013 Telefone No. (717) 249-3166 or (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, CIVIL ACTION -LAW Respondent/Plaintiff NO.: 02-2313 V. BRENT S. CORNMAN, Petitioner/Defendant ACTION IN DIVORCE PREID41NARY OBJECTIONS TO DIVORCE/CUSTODY COMPLAINT AND NOW, TO WIT, this day of July, 2002, comes the Petitioner/Defendant, Brent S. Comman, by and through his attorney, Michael F. Fenton, Esquire, and files the following "Preliminary Objections" to Respondent/Plaintiffs Complaint in Divorce and Custody: 1. Petitioner/Defendant, Brent S. Comman, (hereinafter referred to as "Petitioner"), is an adult individual residing at 800 York Road, Lot 36, Dover, York County, Pennsylvania 17315. 2. Respondent/Plaintiff, Erin L. Comman, (hereinafter referred to as "Respondent"), is an adult individual residing at 5340 Oxford Circle, Apt. 52Q, Mechanicsburg, Cumberland County, Pennsylvania 17512. 3. Respondent filed a Divorce and Custody Complaint on May 10, 2002. 4. Parties are the parents of Jenna M. Cornman, ( hereinafter referred to as "Child"), born October 6, 2000. (1) 5. Respondent stated in paragraph No. 23, Count V of the Divorce and Custody Complaint, that during the past five years, the Child has resided with Erin and Brent Comman at 800 York Road, Lot #36, Dover, Pennsylvania from birth till April 19, 2002. COUNT I: PRELIlVHNARY OsACTIONS TO VENUE AND ARWDICTION OF DIVORCE COMPLAINT 6. Paragraphs 1 through 5 are incorporated herein by reference as if more fully set forth. 7. The parties lived together and socialized together in York County until the Respondent separated from the Petitioner on April 19, 2002 and moved with the Child to her current address in Cumberland County. 8. Petitioner's extended family lives in York County. 9. Petitioner works in York County. 10. The marital residence is located in York County. 11. Respondent has no known extended family living in Cumberland County. 12. Respondent has no significant contacts, other than her job, in Cumberland County. 13. Petitioner and his witnesses will be inconvenienced if proceedings must be litigated in Cumberland County. 14. Petitioner believes and therefore avers that York County has subject matter jurisdiction. (2) WHEREFORE, Petitioner requests this Honorable Court to grant a change of venue and jurisdiction to York County. COUNT IM PRFiaMnvARY OBJECTIONS TO VENUE OF CUSTODY COUNT FILED IN DIVORCE COMPLAINT 15. Paragraphs 1 through 14 are incorporated herein by reference as if more fully set forth. 16. York County was the home county of the Child since birth and within six (6) months before the commencement of the above-captioned proceedings. 17. The Child was absent from York County because the Respondent removed the Child from York County on April 19, 2002, when the parties separated. 18. The parties have a more significant connection to York County than Cumberland County, in that, they have lived in York County until their separation on April 19, 2002; the marital residence is in York County; the parties socialize in York County; Petitioner's job is in York County; and, Petitioner's extended family lives in York County. 19. The Child's present and future care, protection, and personal relationships are available in York County. 20. Respondent has no known immediate family in Cumberland County. 21. York County is a more convenient forum for Petitioner because all Petitioner's witnesses live in York County. 22. Petitioner believes and therefore avers that York County has subject matter jurisdiction. (3) WHEREFORE, Petitioner requests this Honorable Court to grant the change of venue to York County, Pennsylvania from Cumberland County, Pennsylvania in order to serve the best interest of the Child. COUNT III: PRELV IINARY OBJECTIONS TO THE CUSTODY COUNT IN THE DIVORCE COMPLAINT UNDER THE UNIFORM C>IIIt,D CUSTODY JURISDICTION ACT 23. Paragraphs 1 through 22 are incorporated herein by reference as if more fully set forth. 24. The Child was born in York County, Pennsylvania. 25. The Child lived in York County until April 19, 2002 when the parties separated and the Respondent moved, with the Child, to Cumberland County. 26. The Child's home county was York County from birth until April 19, 2002. 27. York County is not only the home county of the Child but it is also the county with the most significant contacts, including Petitioner's extended family. 28. There is substantial evidence that the present and future care, protection, training & personal relationship is more available in York County. 29. Petitioner believes and therefore avers that York County has subject matter jurisdiction. WHEREFORE, Petitioner asks this Honorable Court to transfer jurisdiction of this proceeding to York County in accordance with 23 Pa. C.S.A. 5345: "Jurisdiction"; and 23 Pa. (4) C.S.A. Section 5349: "Jurisdiction Declined by Reason of Conduct, 23 Pa. C.S.A. Section 5364: "Intra State Application"; and, 23 Pa. C.S.A. Section 5348: "Inconvenient Forum" because it is in the best interest of the Child. Respectfully submitted, Mic ael F. Fenton, Esquire Sup. Ct. I.D. 953985 149 East Market Street, 2nd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Petitioner/Defendant (5) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, Respondent/Plaintiff CIVIL ACTION -LAW NO.: 02-2313 V. ACTION IN DIVORCE BRENT S. CORNMAN, Petitioner/Defendant CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, being duly sworn according to law, doth depose and say that I served a copy of the "Preliminary Objections" to the persons named below by Hand Delivery as follows: Elizabeth S. Beckley, Esquire Melissa P. Greevy, Esquire, Conciliator BECKLEY & MADDEN 301 Market Street 212 North Third St., P.O. Box 11998 Lemoyne, Pennsylvania 17043 Harrisburg, Pennsylvania 17108 Date: 1 Michddl F. Fenton, EsVuire Sup. Ct. I.D. #53985 149 East Market Street, 2nd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Petitioner/Defendant ?" C7 r n; a. t-_- !-; ?- ?? ? i,, -' ? - °Y Ci_ ; ??_. ',- __ .. ,i3 l 'C, ] _ _ `J' U : ? t ...? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, Respondent/Plaintiff CIVIL ACTION -LAW NO.: 02-2313 V. ACTION IN DIVORCE BRENT S. CORNMAN, Petitioner/Defendant ENTERY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Petitioner/Defendant, Brent S. Cornman, in the above-captioned matter. Date: Mich ail F. Fenton, squire Sup. Ct. I.D. #53985 149 East Market Street, 2nd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, Respondent/Plaintiff CIVIL ACTION -LAW NO.: 02-2313 V. ACTION IN DIVORCE BRENT S. CORNMAN, Petitioner/Defendant CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, being duly sworn according to law, doth depose and say that I mailed a copy of the "Entry of Appearance" to the Persons named below, by First Class Mail as follows: Elizabeth S. Beckley, Esquire Melissa P. Greevy, Esquire, Conciliator BECKLEY & MADDEN 301 Market Street 212 North Third St., P.O. Box 11998 Lemoyne, Pennsylvania 17043 Harrisburg, Pennsylvania 17108 Gerald S. Robinson, Esquire ROBINSON & GERALDO P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 9, 6f,,4 ,c t7 611 1 L Miclfadl F. Fenton; Esquire Sup. Ct. I.D. 453985 149 East Market Street, 2nd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Petitioner/Defendant c? w, TJ i =: r ? 1_l?rC..' _? - - _-_r .. :/? ?,?? fi !-_: , :. "^ 1_: ti \ ?\i -?1 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 10`h day of July, 2002, the Conciliator hereby continues generally the Custody Conciliation Conference presently scheduled for July 29, 2002 at 8:30 a.m. pending the outcome of Defendant's Preliminary Objections filed on July 5, 2002 in the above matter. FOR THE COURT: Y. 4-elissaPeel Greevy, Esquire Custody Conciliator Dist.: Elizabeth S. Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17101 Michael F. Fenton, Esquire, 11 E. Market Street, York, PA 17401 Taryn Dixon, Court Administrator, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 :160419 whoo, ?s #z wd i i Inr zo 3C1? 'Q_ CI?iIL? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN L. CORNMAN, CIVIL ACTION -LAW Respondent/Plaintiff NO.: 02-2313 V. ACTION IN DIVORCE BRENT S. CORNMAN, Petitioner/Defendant SCHEDULING ORDER AND NOW, TO WIT, this day of l? Gy 2002, it is hereby Ordered that a hearing on Defendant's "Preliminary Objections" is scheduled for the Z,? lv day of Aa6 x_ 2002, ag'_?) A.M , in Court Room , u2s?l ) Cu Berland County House, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013. BY THE COURT: ERIN L. CORNMAN, Plaintiff, V. BRENT S. CORNMAN, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2313-S-2002 CIVIL ACTION-Divorce PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Gerald S. Robinson, Esquire, on behalf of the Defendant in the above-captioned matter. Respectfully submitted, ROBINSON & GERALDO Date: July 12, 2002 By: Gera S. Robinson, Esq A ey I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 ERIN L. CORNMAN, Plaintiff, V. BRENT S. CORNMAN, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2313-S-2002 CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 120' day of July, 2002, I caused a true and correct copy of the Order to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street, P.O. Box 11998 Harrisburg, PA 17108 Michael F. Fenton, Esquire 149 East Market Street Second Floor York, PA 17401 Melissa P. Greevy, Esquire, Conciliator 301 Market Street Lemoyne, PA 17043 Respectfully submitted, ROBINS N & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 ? t? '? r. ? h?3 C_ ?. ? ? -.. ' 4?1 ('?S ? _-,'`- ):'; 1 ,^; r.l , f? ?J (I ?? b'INVAIASONN3d i I :zi i Inr zo AU'iIG ;-i,ouc7 :?-G1 jo DO, L :90w-C13111 ERIN L. CORNMAN, Plaintiff' V. BRENT S. CORNMAN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN DIVORCE :NO. 02-2313 PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO DIVORCE/CUSTODY COMPLAINT AND NOW comes the Plaintiff, Erin L. Comman, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Response to Defendant's Preliminary Objections to Divorce/Custody Complaint, in which she avers that: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The allegation contained in Paragraph 5 of Defendant's Preliminary Objections references a written document which speaks for itself. Any characterization of that document which is inconsistent with the contents thereof is denied. COUNTI A. RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS TO JURISDICTION OF DIVORCE COMPLAINT 6. Plaintiff incorporates herein by reference as though set forth in full her responses to Paragraphs 1-5 of Defendant's Preliminary Objections. 7. Admitted in part and denied in part. It is admitted that the parties resided together in York County until the parties separated on April 19, 2002. It is also admitted that the parties socialized in York County until their separation; however, to the extent that this allegation implies that York County is the only county the parties socialized in, the same is denied. 8. Denied as stated. It is admitted that Defendant has some relatives living in York County, but after reasonable investigation, Plaintiff is without sufficient knowledge or information sufficient to form a belief as to the truth or falsity of the averment that Defendant's entire extended family lives in York County and demands strict proof thereof, if material, at the hearing of this matter. 9. It is admitted that Defendant's employment is based in York County, however, Defendant works in whatever county he is assigned to go to. 10. Admitted. 11. Admitted. 12. Denied. To the contrary, Plaintiff lives, works and has friends in Cumberland County. Plaintiff socializes in Cumberland County and the parties' child 2 attends daycare in Cumberland County. 13. Denied. To the contrary, requiring Defendant and any witnesses he may choose to call at any hearing of this matter to travel the relatively short distance from York County to Cumberland County should not cause Defendant or Defendant's witnesses any substantial inconvenience. By way of further answer, Defendant has already willingly subjected himself to the jurisdiction of this Court by participating in a support conference by the Domestic Relations office. 14. The allegation contained in Paragraph 14 of Defendant's Preliminary Objections sets forth a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order overruling Defendant's preliminary objections to the jurisdiction and venue of Plaintiff s action for divorce. B. PRELIMINARY OBJECTION - MOTION TO STRIKE DEFENDANT'S PRELIMINARY OBJECTION TO VENUE BASED UPON DEFENDANT'S FAILURE TO CONFORM TO RULE OF COURT a. Pennsylvania Rule of Civil Procedure 1026(a) requires all preliminary objections to be filed within 20 days of service of the Complaint. Pa.R.Civ.P. 1026(a). b. Defendant filed his preliminary objections based upon improper venue 42 days after the Complaint was served upon him. C. Defendant failed to file his preliminary objection based upon venue in a 3 timely manner. d. Defendant has waived his objection to venue. Pa.R.Civ.P. 1026(a). WHEREFORE, Plaintiff respectfully requests the Court to enter an Order striking Defendant's preliminary objection based on venue for failure to conform to a rule of Court. COUNT II PRELIMINARY OBJECTIONS TO VENUE OF CUSTODY COUNT FILED IN DIVORCE COMPLAINT 15. Plaintiff hereby incorporates herein by reference as though set forth in full her responses to Paragraphs 1-14 and a-d of Defendant's preliminary objections. 16. Admitted. 17. Admitted. By way of further response, Defendant engaged in extra- marital relations and repeatedly requested that Plaintiff move out of the marital residence as Defendant owned the marital residence prior to marriage. Plaintiff, at Defendant's request, moved out of the marital residence and to Cumberland County because her employment is in Cumberland County and the parties had chosen a daycare provider in Cumberland County. 18. Denied. To the contrary, Plaintiff has a significant connection to Cumberland County. She resides with the parties' daughter, Jenna, in Cumberland County. Plaintiff works in Cumberland County. Jenna attends the day care facility 4 selected by the parties in Cumberland County friends in Cumberland County. And Plaintiff socializes with and has 19. Denied. To the contrary, Jenna spends the majority of her time living and attending daycare in Cumberland County. Plaintiff intends to continue living with Jenna and working in Cumberland County. Jenna's future time with her mother will be spent in Cumberland County. 20. Admitted. 21. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph 21 of Defendant's Preliminary Objections and demands strict proof thereof at the hearing of this matter. By way of further answer, denied. Requiring Defendant and any witnesses he may choose to call to travel the short distance from York County to Cumberland County should cause no substantial inconvenience. 22. The allegation contained in Paragraph 22 of Defendant's Preliminary Objections sets forth a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order overruling Defendant's preliminary objection to the venue of Plaintiff s custody action. 5 COUNT III PRELIMINARY OBJECTIONS TO THE CUSTODY COUNT IN THE DIVORCE COMPLAINT UNDER THE UNIFORM CHILD CUSTODY JURISDICTION ACT 23. Plaintiff incorporates herein by reference as though set forth in full her responses to Paragraphs 1-22 of Defendant's preliminary objections. 24. Denied. To the contrary, Jenna Cornman was born in Cumberland County at Holy Spirit Hospital. 25. Admitted. 26. Paragraph 26 of Defendant's preliminary objections sets forth a conclusion of law that requires no response. 27. Paragraph 27 of Defendant's preliminary objections sets forth a conclusion of law that requires no response. By way of further answer, denied. To the contrary, Cumberland County is currently the county with the most significant contacts as Plaintiff lives and works in Cumberland County, the Child lives in Cumberland County with her Mother, and the Child attends daycare in Cumberland County. 28. Denied. To the contrary, substantial evidence concerning the present and future care, protection, training and personal relationships of Jenna Comman is most readily available in Cumberland County. 29. The allegation contained in Paragraph 29 of Defendant's Preliminary Objections sets forth a conclusion of law to which no response is required. 6 WHEREFORE, Plaintiff respectfully requests the Court to enter an Order overruling Defendant's Preliminary objection to Plaintiff's custody action based on subject matter jurisdiction. DATED: August 20, 2002 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Attorneys for Erin L. Cornman 7 za th S. ec re VERIFICATION . I, Erin L. Comman, hereby 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 herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. DATED: Erin L. mman CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a copy of the foregoing document was served this day upon the person and in the manner indicated below: SERVICE BY FAX AND REGULAR MAIL: Michael F. Fenton, Esquire 149 East Market Street, 2nd Floor York, PA 17401 DATED: August 20, 2002 4lieth S. Beckley, Esquir r lL ''? ?'?' I L1 . u} COURT OF COMMON PLEAS OF ERIN L. CORNMAN, IN THE COUNTY, PENNSYLVANIA Plaintiff/Respondent CUMBERLAND ND CIVIL ACTION - LAW V. IN DIVORCE BRENT S. CORNMAN, NO 02-2313 CIVIL TERM Defendant/Petitioner ORDER OF COURT AND NOW, this 22nd day of August, 2002, the parties are given 10 days to provide us legal guidance on the issues discussed. We are specifically looking for case law dealing with the interpretation of 23 Pa. C.S.A. Section 5344 (a)(1) and (2). We further have indicated that if this issue is discretionary, we are inclined to deny the preliminary objections. If, however, we are required to transfer the case to York County under the appropriate case law, we will do so. By the Co rt. Edward E. Guido, J. /Elizabeth S. Beckley, Esquire Attorney for plaintiff/Respondent /Michael F. Fenton, Esquire Attorney for Defendant/Petitioner WILL srs uNnG 7 nhly"! 4-,Pnno 01:1 old 11 Z mu Zfl AUtIDcljjg1 (j,'- ,-, ° i 1 ERIN L. CORNMAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BRENT S. CORNMAN : NO. 2002-2313 CIVIL TERM ORDER OF COURT AND NOW, this 5THday of SEPTEMBER, 2002, defendant's preliminary objections are DISMISSED. Edward E. Guido, J. /Elizabeth S. Beckley, Esquire For the Plaintiff O piw /Michael F. Fenton, Esquire ? / -? -? For the Defendant /Melissa P. Greevy, Esquire Custody Conciliator :sld F?f_Lu t,r? ?1CE ,J 2 SEI' - J !;t` I I: 30 CL11?; _,..r;., f1 11\17 r F'?drdJY?V/Ah`Ga SEp 1 6 2002 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 12th day of September, 2002, it is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, Esquire, the Conciliator, at 301 Market Street, Lemoyne, Pennsylvania 17043 on the 23rd day of October, 2002 at 9:00 a.m. for a Custody Conciliation 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 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 BY: Melissa Peel Greevy, Esquire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dist.: Elizabeth S. Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17101 Michael F. Fenton, Esquire, 149 E. Market Street, Second Floor, York, PA 17401 Taryn Dixon, Court Administrator, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 160419-2 C_ ? 1 Lt3 L?J U b C OCT 9 2002 ERIN L. CORNMAN, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2313 CIVIL TERM BRENT S. CORNMAN, GUIDO, J. - CIVIL ACTION - LAW Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ? day of 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the minor child, Jenna M. Cornman born October 6, 2002. 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 well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so both parties are available to attend. 2. The following interim parenting schedule shall be in place pending the next custody conciliation conference or an agreement of the parties: A. Effective November 1, 2002, Father shall have custody on alternating weekends from Friday after work until Sunday at 7:00 p.m. Father's custodial weekends may be extended to Monday morning if his work schedule can be arranged to accommodate his providing transportation for the child to the day care center on Monday mornings prior to the time he must be at work. The parties themselves will provide all transportation incident to their periods of custody. NO. 02-2313 CIVIL TERM B. Father shall have custody on each Tuesday and Thursday following Father's custodial weekend, from after work until 7:00 p.m., and on each Wednesday following Mother's custodial weekend, from after work until 7:00 p.m. C. At all times when Father does not have custody, Mother shall have custody. 3. Transportation. With respect to transportation for the mid-week periods of custody, the parent receiving custody shall provide transportation. With respect to the weekend periods of custody, Father shall provide transportation at the beginning of his custodial time on Friday after work and Father shall transport the child to the day care center on Monday if he is able to arrange with his employer to do so. However, in the event the Father's custodial period ends on Sunday evenings at 7:00 p.m., Mother will provide the transportation at the commencement of her custodial period. 4. The parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving, to commence with Father having custody for the Thanksgiving holiday 2002. Inasmuch as Father has custody for the weekend following Thanksgiving 2002, it shall be permissible for Father to have a continuous period of custody to include Thanksgiving Day through the conclusion of the Thanksgiving weekend. 5. Easter. The parties will alternate custody of the child for Easter each year, to commence with Father having custody for Easter 2003 and subsequent odd-numbered years. Mother shall have custody for Easter in 2004 and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter morning during Father's Easter holiday time in order to take the child to church services after which Mother will return the child to Father for the remainder of Easter. 6. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the child to Christmas Eve church service, after which she will return the child to Father. 7. The parties shall alternate having custody of the child on the child's birthday with Father having custody in even-numbered years and Mother having custody in odd- numbered years. NO. 02-2313 CIVIL TERM 8. Each parent shall have three (3) nonconsecutive uninterrupted weeks of custody during the months of June, July and August. These uninterrupted weeks of custody must be exercised in conjunction with that parent's regular alternating weekend and shall commence with and include that parent's custodial weekend and not exceed eight (8) days in total. The parties shall provide each other with notice of their intended vacation times by April 1St of each year. In the event that the parties have scheduled conflicting or overlapping custodial times for vacation, the parent first providing written notice to the other parent shall have the choice of the vacation time. 9. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. 10. It shall be permissible for the parents to vary from this custodial schedule by their mutual agreement. In the event that one parent is unavailable for a period of four hours or more during their scheduled period of custody they shall first contact the other parent to provide for care for the child prior to contacting another third party caregiver. 11. Holidays shall take precedence over their regular schedule. 12. The parties shall refrain from offering any disparaging remarks about the other or any member of their family in the presence or ear shot of the minor child. Both parties shall, to the best of their ability, ensure that guest and family members comply with the provisions of this paragraph as well. 13. This Order is intended to be temporary in nature and has been entered pursuant to an agreement of the parties without prejudice to the right of either of the parties to petition the court for an order of primary physical custody or shared physical custody. 14. The Custody Conciliation Conference shall reconvene on Monday, December 16, 2002 at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY Edward E. Guido, J. Dist: /Elizabeth S. Beckley, Esquire, 212 North Third Street, Harrisburg, PA 17101 Brent S. Cornman, 800 York Road, Lot 36, Dover, PA 17315 QP-u`' IZ OCT 2 9 2002 ERIN L. CORNMAN, V. Plaintiff BRENT S. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jenna M. Cornman October 6, 2000 Mother 2. A Custody Conciliation Conference was held on October 23, 2002 with the following individuals in attendance: the Mother, Erin L. Cornman, and her counsel, Elizabeth S. Beckley, Esquire; the Father, Brent S. Cornman, attended and was not represented by counsel. The original Complaint in this matter was filed on May 10, 2002. Father subsequently filed Preliminary Objections on July 5, 2002. Those were dismissed in an Order of September 5, 2002 from Judge Guido. 3. After a lengthy Custody Conciliation Conference wherein the parties worked diligently, they have reached an agreement for a Temporary Order in the form as attached. Date Melissa Peel Greevy, squire Custody Conciliator 164344 f7EGfl 3 2002 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant GUIDO, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of December, 2002, upon consideration of the attached Custody Conciliation Summary Report and in appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the minor child, Jenna M. Cornman born October 6, 2000. 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 well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so both parties are available to attend. 2. The following interim parenting schedule shall be in place pending the hearing or an agreement of the parties: A. Effective December 27, 2002, Father shall have custody on alternating weekends from Friday after work (approximately 3:30 p.m.) until Monday when he takes the child to the day care center. B. Father shall have custody on each Tuesday and Thursday following Father's custodial weekend, from after work until 7:00 p.m., and on each Wednesday following Mother's custodial weekend, from after work until 7:00 p.m. NO. 02-2313 CIVIL TERM C. At all times when Father does not have custody, Mother shall have custody. D. The parties themselves shall provide all transportation incident to their periods of custody. 3. Transportation. With respect to transportation for the mid-week periods of custody, the parent receiving custody shall provide transportation. With respect to the weekend periods of custody, Father shall provide transportation at the beginning of his custodial time on Friday after work and Father shall transport the child to the day care center on Monday if he is able to arrange with his employer to do so. However, in the event the Father's custodial period ends on Sunday evenings at 7:00 p.m., Mother will provide the transportation at the commencement of her custodial period. 4. The parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving, to commence with Father having custody for the Thanksgiving holiday 2002. ' Inasmuch as Father has custody for the weekend following Thanksgiving 2002, it shall be permissible for Father to have a continuous period of custody to include Thanksgiving Day through the conclusion of the Thanksgiving weekend. 5. Easter. The parties will alternate custody of the child for Easter each year, to commence with Father having custody for Easter 2003 and subsequent odd-numbered years. Mother shall have custody for Easter in 2004 and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter morning during Father's Easter holiday time in order to take the child to church services after which Mother will return the child to Father for the remainder of Easter. 6. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the child to Christmas Eve church service, after which she will return the child to Father. 7. The parties shall alternate having custody of the child on the child's birthday with Father having custody in even-numbered years and Mother having custody in odd- numbered years. NO. 02-2313 CIVIL TERM of witnesses who are expected to testify at the hearing, a summary of the anticipated testimony of each witness and a proposed parenting schedule. These memoranda shall be filed at least ten days prior to the hearing date. BY THE Edward E. Guido, J. Dist: Erin L. Cornman, 5340 Oxford Circle, Apt. 52Q, Mechanicsburg, PA 17055 Brent S. Comman, 800 York Road, Lot 36, Dover, PA 17315 v ??y?s "i r7 pECK23 2002 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jenna M. Cornman October 6, 2000 Mother 2. A follow up Custody Conciliation Conference was held on December 16, 2002 with the following individuals in attendance: the Mother, Erin L. Cornman, and the Father, Brent S. Cornman. Both parties appeared without counsel. 3. The parties were not able to reach an agreement with regard to the parenting schedule for this child or the modification of the Order. Therefore, it appears a hearing will be necessary. 4. Estimated time for hearing - Y2 day. 5. Mother's position on custody is as follows: Mother finds the schedule in the Order of October 29, 2002 has provided what she views as much more stability to the child's life. She reports that the child is less cranky and is easier to get to sleep at night. However, she reports that on the Mondays following Father's custodial weekends that the child's sleep is disrupted with frequent times when she calls out in the night for her mother. Mother asked Father to switch custodial weekends because of an upcoming procedure where the child will have her tonsils and adenoids removed and tubes placed in her ears. She preferred to have the child stay with her that weekend because she believes that it is essential for her to provide the care for the child post operatively. She has scheduled to be off work for the period from December 27, 2002 through January 3, 2003. Throughout the conference Mother made repeated comments regarding Father's live-in girlfriend about whom she admittedly holds great hostility because she attributes Father infidelity with this woman to the breakup of the marriage. She acknowledged that things would be easier if Father was not IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW NO. 02-2313 CIVIL TERM living with this woman. She reports that the for dthe comes home talking hill to be exposed to Ith sl woman Father's girlfriend. She believes that it is bad other because her personal history includes infidelitywith abuschild's e re ationships. Motherisnfirmly believes that that she has been involved in previous opposed to any overnight periods of custody during the week with Father. This is because Father has to leave very early for his 7:00 a.m. to 3:30 p.m. shift. Mother is unwilling to assist with morning transportation to allow the child to sleep in later. She is also unwilling to allow Father's girlfriend to provide transportation to the day care center. This is because she believes that Father's girlfriend is not a safe driver. 6. Father's position on custody is as follows: Father does not like the current custodial plan because he cannot stand going for long periods of time without seeing the child. Under the present schedule, the longest period of time that he sees the child is from Wednesday He behw thfollowing Canuntil the Thursday evening preceding Mothtirmes custodl when the child weekend overn overnight. Father would also like to have more enjoys breakfast time with the child and getting her up in the morning. He proposes a week on/week off schedule. However, he would be amenable to a schedule which would provide to other equally parent Monday and Tuesday with one parent, t times. Father the share the parties alternating the weekend physical custody. With regard to Mother's request to trade custodial weekends to allow her to be the caregiver during the first several days following the child's upcoming medical procedure, Father has declined to make the weekend switch. Father feels that he is just as able to take care of the child as is the Mother. 7. The Conciliator suggested to the parties that they might consider entering mediation to provide them with more time and a neutral third party to discuss parenting plans. Father would be willing to participate in mediation. However, Mother steadfastly refuses to agree to any changes which would provide Father with overnight custodial time during the week. 8. It appears that the parties are in need of a hearing. The attached Order reflects the schedule which the parties have been following on an interim basis. The Conciliator does not make recommendations to change the Order at this time because it will be reviewed and perhaps changed by the Court after hearing. ;zJ Date Melissa Peel Greevy, Esquire Custody Conciliator 166328 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-2313 CIVIL TERM IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 10th day of February, 2003, the Defendant having requested a continuance to be able to retain counsel, hearing in this matter is continued to Thursday, March 27, 2003, at 1:00 p.m. For purposes of the hearing, the Defendant, Brett S. Cornman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties on their own, shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on the custody, a list of witnesses who are expected to testify at the hearing, a summary of the anticipated testimony of each witness, and a proposed parenting schedule. These memoranda shall be filed at least 10 days prior to the hearing date. The parties shall be entitled to file a reply memorandum within 5 days of the hearing. Pending said hearing, our order of December 26, 2002, shall remain in full force and effect. By p?Te Court, Edward E. Guido, J. Elizabeth S. Beckley, Esquire Attorney for Plaintiff/Respondent Brent S. Cornman 800 York Road, Lot 36 Dover, PA 17315 Defendant/Petitioner, Pro se srs to ?3j CIO ERIN L. CORNMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2313 CIVIL TERM BRENT S. CORNMAN, CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this 27th day of March, 2003, upon consideration of the testimony, all prior custody orders are vacated and replaced with the following: 1. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the manor child, Jenna M. Cornman, born October 6, 2000. 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 well-being, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so both parties are available to attend. 2. Mother shall have primary physical custody of the Child subject to periods of partial physical custody in the Father as follows: A. Every other weekend from Friday after work until Tuesday at the beginning of daycare. B. The Thursday following Father's custodial weekends from after work until 7:30 p.m. C. The Monday following Mother's custodial weekends from after work until 7:30 p.m. D. At such other times as the .parties may agree. 3. Father shall be responsible for all transportation to effectuate his periods of partial physical custody. He shall pick the Child up at daycare at the commencement of his periods of custody, and he or his designee shall take the Child to daycare at the end of the weekend custody. He shall return the Child to the Mother at the conclusion of the weeknight custody. The Child shall remain in the current daycare unless agreed by the parties or otherwise ordered by this Court. 4. The parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Davy and Thanksgiving. 5. Easter. The parties will alternate custody of the Child for Easter each year, to commence with Father having custody for Easter 2003 and subsequent odd-numbered years. Mother shall have custody for Easter in 2004 and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter morning during Father's Easter holiday time in order to take the Child to church services after which mother will return the Child to Father for the remainder of Easter. 6. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the Child to Christmas Eve church service, after which she will return the Child to Father. 7. The parties shall alternate having custody of the Child on the Child's birthday with Father having custody in even-numbered years and Mother having custody in odd-numbered years. 8. Each parent shall have three (3) nonconsecutive uninterrupted weeks of custody during the months of June, July and August. These uninterrupted weeks of custody must be exercised in conjunction with that parent's regular alternating weekend and shall commence with and include that parent's custodial weekend and not exceed eight (8) days in total. The parties shall provide each other with notice of their intended vacation times by April 1st of each year. In the event that the parties have scheduled conflicting or overlapping custodial times for vacation, the parent first providing written notice to the other parent shall have the choice of the vacation time. 9. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. 10. It shall be permissible for the parents to vary from this custodial schedule by their mutual agreement. In the event that one parent is unavailable for a period of four hours or more during their scheduled period of custody, they shall first contact the other parent to provide for the Child prior to contacting another third party caregiver. 11. Holidays shall take precedence over their regular schedule. 12. The parties shall refrain from offering any disparaging remarks about the other or any member of their family in the presence or earshot of the minor child. Both parties shall, to the best of their ability, ensure that guest and family members comply with the provisions of this paragraph as well. E Edward E. Guido, J. Elizabeth S. Beckley, Esquire Attorney for Plaintiff/Respondent Carol J. Lindsay, Esquire pGO 3 - 31- o,3 Attorney for Defendant/Petitioner srs ?O;. ERIN L. CORNMAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW : IN DIVORCE BRENT S. CORNMAN, Defendant :NO. 02 -- 02313 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Dated: jp--')?--oL/ 1 Erin L. C an ?> ta.J .,?? 4ti _ ? ...; i' .. -' i ?r. r' ? L `-' 7 y? ? L. .T C.N: ?:.„ C?! (, ERIN L. CORNMAN, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-02313 BRENT CORNMAN, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on May 10, 2002, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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: ZL? Lf? tJi" Y n fit- C'' c? ERIN L. CORNMAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW : IN DIVORCE BRENT S. CORNMAN, Defendant :NO. 02 -- 02313 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy 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. Dated: P- av Erin L. C an ;;a 1= J _ CJ ?? 1:--? ..r . ? - %:_ ??;c. e7 J ?;y ?:? LJ _. t3' Y i.? k' ,T C i ERIN L. CORNMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-02313 BRENT CORNMAN, Defendant. : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (e) OF THE DIVORCE CODE 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 unswom falsification to authorities. Brent Cornman, Defendant Date: r> _ ? ? :-' t -C .... ? _ {ilk==. i , ? C ?_ s? t[ ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02-2313 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION, ALIMONY AND ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES COUNTS TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution, Alimony and Alimony Pendente Lite, Counsel Fees, Costs and Expenses Counts filed in the above-captioned action. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, Attorney for Plaintiff CERTIFICATE OF SERVICE r I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Gerald S. Robinson, Esquire Robinson & Geraldo P.O. Box 5320 Harrisburg, PA 17110-5320 DATED: .??? / hz?(ieth S_ Beck e iA ) r' ?? .' ..: ..' ??\? ?I`-: ?? i? `- VI i? {.(. (?") '._?.! I .f_ t.v.1 ??. U_ C G ? u ERIN L. CORNMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE BRENT S. CORMAN, Defendant : NO. 02 -- 2313 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Brent S. Comman on May 24, 2002, by the Sheriff of York County. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on December 29, 2004; by defendant on December 24, 2004. 4. Related claims pending: All claims have been withdrawn. 5. (a) Date plaintiffs Waiver of Notice December 29, 2004, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice December 24, 2004, and it is being filed contemporaneously herewith. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Attorney for Plaintiff Respectfully submitted, CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Gerald S. Robinson, Esquire Robinson & Geraldo P.O. Box 5320 Harrisburg, PA 17110-5320 DATED: ?1'`? sS> [\i tt- 3?" ? C.3 ?? BRENT S. CORNMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. ERIN L. CORNMAN, : CIVIL ACTION- LAW IN DIVORCE Defendant. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2004, by and between Brent Comman, of Dover, York County, Pennsylvania, hereinafter referred to as "Husband," and Erin Cornman, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 13, 2000; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Gerald S. Robinson for Husband and Elizabeth Beckley for Wife. The Parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION . It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section3301 of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently 4 agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. Personal property. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. In addition, Husband agrees to pay to Wife the total sum of $1,830.00 at the rate of $305.00 per month by the 15`h day of each month for six months beginning in September 2004. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims 12. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day S (SEAL) ?B'rent S. Cornman, Plaintiff Erin L..-Cornman, Defendant and year first above written. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ILI PENNA. p a a. ERIN L. CORZM Plaintiff VERSUS BRENT COPIZM DECREE IN DIVORCE AND NOW, A"own DECREED THAT ERIN L. CORNMAN 200,5 . IT IS ORDERED AND PLAINTIFF, AND BRENT COIUPM DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The Marriage Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in . rce. sa4.: Trr No. 02-02313 ATTEST: J. PROTHONOTARY Olk ?o? ec? aa??aQ .,?,,,°? saa? aaa ERIN L. CORNMAN, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :fN CUSTODY BRENT S. CORNMAN, Defendant :NO. 02-2313 PETITION TO MODIFY CUSTODY Mother's Position An instance occurred on 8/17/2005 at the mutually agreed upon babysitter's. When I arrived early to pick up Jenna, she was alone in an unlocked room that had direct access to the outside. In order to get to the babysitter, we had to go through another small room and a steel door where the babysitter was with the other children watching TV. I informed Mr. Cornman, who stated that he did not find a problem with this instance. He had his girlfriend, Tina Fidler, confront the babysitter and they found that it was not an issue. I asked that we look into other options for daycare and Mr. Cornman refused. I am requesting that Jenna be placed in a more suitable environment for daycare. She will be starting school next year at Hampden Elementary, and I am in the process of locating a Daycare in that school district, so that she may get established. Another concern that I have is that due to Mr. Cornman's current work schedule, he is often taking naps while Jenna is under his care. Although understandable, I feel that altering the Daycare situation would be in the best interests for everyone. The current arrangement is also difficult for me, in that most days I have to go to the father's residence to pick up Jenna and by the time we get home to Mechanicsburg it is between 6:00 and 6:30pm. This makes the nightly routines quite difficult. 2. Witnesses The only anticipated testimony will be from the parties themselves in an effort to explain and support their position. Proposed Parenting Schedule Father to have child every other weekend, plus 2 days through the week while not working. For the other 3 days of the week, child to go to mutually agreed upon Daycare. For the court's information, I have attached the current parenting schedule. DATED: Respectfully submitted, 7/,??os Aa V Erin L. Cornman CURRENT PARENTING SCHEDULE Mother's: Every other weekend and every weeknight with the exception to some Thursdays. Father's Every other weekend and every weekday beginning at 7:10am. Father's work schedule is 3-11. Father then takes Jenna to mutually agreed upon babysitter for 2 hours until Tina Fidler, father's girlfriend, picks her up at approximately 4:30pm. Then mother picks her up at a halfway point at around 5:30pm on Tuesday and Thursday and picks her up on Monday, Wednesday, and Friday around 5:45pm at the father's residence. I ;) ?? ??) 1 `QV^\ \1 V ERIN L. CORNMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-2313 CIVIL ACTION LAW BRENT S. CORNMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 22, 2005 , 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's, 1901 State St., Camp Hill, PA 17011 on Thursday, October 20, 2005 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greets 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 So- CC- 6 1 z ,z 118 zz 83S Mz A??'luM1 ^ TIC 30 O ERIN L. CORNMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : No. 02-2313 BRENT CORNMAN, Defendant. : CIVIL ACTION- CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the Order for Conciliation Conference was served upon Erin Comman, the Plaintiff, on October 19, 2005 at 12 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, Dated: October 20, 2005 ROBINSON & GERALDO • By: G d S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Defendant ¦ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: ?rtN L . eor1V A)t1 /7Q5? A. Received by (P se Print Clearly) B. Dat of De' e C. Sign e X ? Agent M Addressee D. Is delivery add different from item 1? ? Yes If YES, enter delivery address below: /? No 2. Article Number (Transfer fromservic 7001 1940 0004 1686 8885 PS Form 3811, March 2001 Domestic Return Receipt EXHIBIT 3. Service Type ACertified Mail ? Express Mail ? Registered A Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) yes 102595-01-M-1424 c? ? ? ??? c? ,. _;, '=-t - ERIN L. CORNMAN, Plaintiff DEC 0 7 2005 IN THE COURT OF COMMON PLEAS d(= CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM V. BRENT S. CORNMAN, Defendant GUIDO, J. --- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 'a day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report this Court's prior Order of March 27, 2003, shall remain in full force and effect with the following additions: 1. The parties shall participate in therapeutic family counseling for a minimum of eight (8) sessions. The parties will contact the counselor no later than December 6, 2005 to schedule their first appointments. 2. In the event that the parties are able to make the appropriate progress in the therapeutic counseling and are in need of the Court's assistance to make custody decisions on their behalf, the parties will participate in an independent custody evaluation. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Dr. Pauline Wallen. The parties shall equally share the cost of the evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 3. Should the parties undertake a custody evaluation and desire to return to Conciliation rather than proceed directly to Court to resolve the matter, if a fax request is received by the Conciliator's office within ten (10) days of the receipt of the report by NO. 02-2313 CIVIL TERM counsel or the parties pro se, a Conciliation will be reconvened. Requests to reconvene after that 10-day period will be honored in response t operly filed petition and scheduled in the normal course. BY TH E. Guido, J. Dist: Erin L. Cornman, 5340 Oxford Circle, Apt. 52Q, Mechanicsburg, PA 1705, Gerald S. Robinson, Esquire, PO Box 5320, Harrisburg, PA 17110 f? _/Y ?l Cs 1.-/l i i ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant DEC 0 7 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jenna M. Cornman October 6, 2000 Mother 2. Mother filed a pro se Petition for Modification on September 20, 2005. As a result of a scheduling conflict, the Conference was continued until November 22, 2005. Attending the Conference were: the Mother, Erin L. Cornman, who attended pro se; the Father, Brent S. Cornman, and his counsel, Gerald S. Robinson, Esquire. 3. Mother's position on custody is as follows: Mother seeks to have the child removed from the present daycare provider with whom the child has been for the past two (2) years for two (2) reasons. First, she wants the child to attend a preschool in preparation for Kindergarten and first grade. The child is age five (5). Second, Mother is concerned about the level of supervision with the babysitter because there was an occasion on August 17, 2005 when the child was left alone in a room with no adult supervision and direct access to the outside through an unlocked door. Mother further complains that Father naps during his periods of custody which causes her concern regarding the attention and supervision that Jenna should be receiving from her Father. Mother would like to see the Order changed to provide Father with custody every other weekend and two (2) days a week when he is not working while the child would attend daycare/preschool three (3) days per week. Mother presently works full time and picks up the child from Father's spouse between 5:30 p.m. and 5:45 p.m. each day. They meet during the mornings for custodial exchanges at the Lower Allen Park. Mother states that she has expressed her concern to Father regarding these issues and feels that he minimizes and disregards her concerns. Mother acknowledges that communication between she and Father with regard to parenting Jenna is poor. NO. 02-2313 CIVIL TERM 4. Father's position on custody is as follows: Father works 3:30 p.m. to Midnight Monday through Friday. He acknowledges that he naps with the child sometimes during his periods of custody. However, around 2:30 in the afternoon his spouse takes Jenna and her two and a half year old sister to a babysitter for a few hours. His wife picks them up toward the end of the workday and either takes them home or to meet Jenna's mother at the Lower Allen Park. Father reports that he has the ability to change his work schedule but that it would take approximately one month notice. Neither parent has considered the possibility that the child might not be enrolled at the school of their choice despite the fact that she will be six (6) years old next October. Father has numerous complaints and concerns about Mother and her timeliness which he has apparently documented in a four (4) inch notebook. He feels strongly the child should attend school in the West Shore School District where he resides. However, despite the fact that there is no resolution to this issue, neither parent has taken any action to resolve the issue of where the child will be enrolled in school. Father downplays the incident with the babysitter and states that he would not hesitate to remove both of his children from the babysitter's care if he thought there was a safety risk. He opposes Mother's desire for the child to go to preschool and clearly views this as an attempt by Mother to take the child away from him or to reduce his time with her. He does not see the value in the child participating in any type of preschool program, even on a part time basis. 5. The parties have agreed to participate in therapeutic family counseling to address their complete inability to effectively discuss parenting decisions and concerns regarding Jenna. They will participate in this therapeutic work in an effort to reduce the conflict and tension which can only be viewed as hurting the child, and an attempt to allow the parties to maintain responsibility for decision-making regarding the child. Because school enrollment is in her future within the next several months, it is critical that the parties set aside their emotions regarding the ending of their marital relation and become serious about their responsibilities toward improving their communication abilities. Although Father has not filed any recent pleadings with the Court to change the primary custodial determination, it seems that he believes the child's best interest would be served by having her attend school from his residence. This would implicate a change in the primary custody of the child to which it is apparent Mother would not agree. In the event that the parties are not able to improve their circumstances in decision-making and need the Court to make the decisions for them with regard to their child, they have agreed to participate in a custody evaluation, equally sharing the cost. However, because Mother is pro se she is not comfortable agreeing to any particular evaluator. The parties agreed that the Conciliator could name an evaluator to be used, if necessary. The parties further agree that if an evaluation is done, that the parties could make a request to return to Conciliation if made NO. 02-2313 CIVIL TERM within ten (10) days after the report is received so that they could attempt to resolve the matter through Conciliation rather than turning over the issue to Judge Guido for decision. Father would agree to no changes in the Order at this time, nor would he agree to the child participating in any kind of preschool program or pre-Kindergarten progra'. 1a-&N Date Melissa Peel Greevy, Esquire Custody Conciliator :263809 ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant Order of the Court 2006 at o'clock. BY THE COURT: AND NOW this :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. 02-2313 File No. 44420 day of , 2006. The Plaintiff is requesting a hearing to modify the recent custody petition in regards to the custody evaluation of minor child Jenna M. Cornman DOB 10/06/00. On day of Judge ERIN L. CORNMAN, Plaintiff V. BRENT S. CORNMAN, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN CUSTODY :NO. 02-2313 PETITION TO MODIFY CUSTODY EVALUATION DUE TO ECONOMIC CONSTRAINTS 1. Mother's Position I am requesting a change in the recent order regarding Custody of minor child Jenna Cornman DOB 10/6/00. An agreement was made at the conference and subsequent order, dated December 12, 2005, to share the cost of a custody evaluation, however, I am economically unable to meet that part of the agreement. I feel that the custody evaluation is the perfect solution since the father and I cannot come to amicable decisions with regard to our child and it is with great regret that I must file this petition. A request for modification of the order is requested and due to time being of the utmost importance for Jenna starting school in August of 2006, I respectfully request a hearing as soon as possible. Attached is a copy of the order and all financial documents will be forthcoming upon request. 2. Witnesses The only anticipated testimony will be from the parties themselves in an effort to explain and support their position. DATED: Respectfully submitted, M 0.N 17, ;00o to 119 cry L?n'"`a?2? Erin L. Cornman C) r ? ' op [ ITT . 1 1 W r-y i CJ 4 MAY 1 8 2006 ERIN L. CORNMAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. BRENT S. CORNMAN, Defendant File No. 44420 :CIVIL ACTION - LAW :IN CUSTODY :NO. 02-2313 Order of the Court AND NOW this day of 2006. The Plaintiff is requesting a hearing to modify the recent custody petition in regards to the custody evaluation of minor child Jenna M. Cornman DOB 10/06/00. On lqf(4% day of , 2006 at j'* b 0 A *4•o'clock. Judge ?a OZ :6 R IZ IUW BUZ ?t iCi'vC ii d ?HI JO u ]Jlij ERIN L. CORNMAN, Plaintiff/Petitio er V. BRENT S. CORNMAN, Defendant/Respon ent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY EVALUATION ORDER OF COURT AND NPW, this 14th day of June, 2006, after hearing, we find tha# neither party is really in a position to afford the custody is DENIED. By t Edward E. Guido, J. i X-in L. Cornman 12 Hazel Circle Mechanicsburg, PA 1 055 Plaintiff/Petitionerk Pro se t Zaime D. Wassmer, EsG uire binson Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 For the Defendant/Respondent srs aluation. Consequently, Mother's petition 0 ?;Ni 4() ERIN L. CORNMAN, Plaintiff S E P 2 1 2006 IN THE COURT OF CO NFFCEAbOF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM V. BRENT S. CORNMAN, Defendant Guido, J. - - CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the minor child, Jenna M. Cornman born October 6, 2002. 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 well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so, both parties are available to attend. Should one parent take the child to the doctor, the other parent shall be notified before hand, if reasonably possible. Otherwise, the other parent is to be notified within twelve hours, either by phone or e-mail. NO. 02-2313 CIVIL TERM The child shall continue to attend school in the school district in which Father resides. Both parents names shall be listed in the school record as primary persons of contact in the event of an emergency. In the event the school is unwilling to send notices, announcements and report cards to each parent, Father shall make copes and send them to Mother within forty-eight hours of the receipt of such documents. 2. Physical Custody - School Year. A. During the school year, Father will have custody Sunday evening through Thursday night. B. Mother will have custody two of every three weekends, commencing with September 15, 2006 and September 22, 2006. Father's next custodial weekend shall begin September 29, 2006. C. For purposes of this Order, a custodial weekend begins Friday after the parent is off work and continues until Sunday evening at 7:00 p.m. D. Mother shall have custody from after work until 7:00 p.m. on Tuesdays and Thursdays preceding her custodial weekends. Mother shall also have custody on Wednesdays and Fridays from after work until 7:00 p.m. preceding Father's custodial weekend. E. The school year schedule shall begin the Sunday before school begins. The summer schedule shall begin the first Monday that school is out for summer school recess. 3. On days when school is not in session, and Father is not available, then Mother shall have the first option to take care of Jenna that day. If Mother is also not available, Father will then make arrangements for alternate care. 4. Summer Schedule. During the summer, Mother will have custody on Mondays and Tuesdays and alternating weekends. Father will have custody on Wednesdays and Thursdays and alternating weekends. The alternating weekend schedule during the summer shall begin with Mother having the first custodial weekend of summer. 5. Vacation. Each parent shall be entitled to three weeks of custody each summer for purposes of summer vacation. The parties shall provide each other with notice of their selective weeks no later than May 30th. In the event that the parties have scheduled conflicting vacation arrangements, the parent first providing written notice shall have choice of the vacation week. The weeks for vacation shall be scheduled during the time when the vacationing parent has five consecutive days of custody under the summer schedule. NO. 02-2313 CIVIL TERM 6. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties' custody litigation and child support are adult matters, which neither party shall discuss with the minor child. 8. Transportation. Transportation is to be shared by the parties by their mutual agreement. 9. Holidays. The parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. 10. Easter. The parties will alternate custody of the child for Easter each year to commence with Father having custody for Easter, 2007, and subsequent odd-numbered years. Mother will have custody for Easter, 2008, and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter Morning during Father's Easter holiday time in order to take the child to church services, after which Mother will return the child to Father for the remainder of Easter. 11. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the child to Christmas Eve church service, after which she will return the child to Father. 12. The parties shall alternate having custody of the child on the child's birthday with Father having custody in even-numbered years and Mother having custody in odd- numbered years. 13. Mother's Day and Father's Day. Jenna will be with Mother on Mother's Day and with Father on Father's Day. The custodial period for these holidays shall be from Saturday at 6:00 p.m. until Sunday at 7:00 p.m. NO. 02-2313 CIVIL TERM 14. Reasonable Telephone Access. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 15. Neither party shall relocate in a way that will require a change in the custodial schedule in the absence of 60 days written notice to the other parent. This 60-day notice provision is required in order to provide the parties with an opportunity to work out an alternative schedule, or, if necessary, to provide adequate time for bringing the matter back before the Court for the scheduling of a Plowman hearing. 16. This Order VACATES and replaces all prior Orders of custody in this matter. It shall be permissible for the parents to vary from this custodial schedule by their mutual agreement, with an eye toward a harmonious policy, focusing and placing child's interest ahead of their own. BY TH Edward E. Guido, J. Dist: Gerald S. Robinson, Esquire, P. O. Box 5320, Harrisburg, PA 17110-1709 Erin L. Cornman, 12 Hazel Circle, Mechanicsburg, PA 17050 0 1 :E Hd SZ d3jS HE ERIN L. CORNMAN, Plaintiff S E P 2 1 2006 L-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM V. BRENT S. CORNMAN, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jenna M. Cornman October 6, 2000 Father 2. A Custody Conciliation Conference was convened for September 12, 2006, following the receipt of Dr. Wallin's evaluation. Present for the conference were: the Mother, Erin L. Cornman, who participated pro se,; the Father, Brent S. Cornman, and his counsel, Gerald S. Robinson, Esquire. 3. Father's position on custody is as follows: Father reports that since the completion of the evaluation, the parties have been following the schedule provided in the evaluator's recommendation. He would like to avoid the need for a hearing and to have the parties have an Order confirming the recommended custodial schedule. 4. Mother's position on custody is as follows: Mother reports that she expects to be more available because additions to the staff at her place of employment will allow employees to return to a forty-hour work week in the very near future. She provided a letter from the Office Manager of Heritage Family Medicine to confirm a recent hiring that would have this result. Mother also indicated that she felt Father left out significant portions of his personal history that were not mentioned in the evaluator's report. She provided a letter from her brother, pointing out inconsistencies and information not included in the evaluator's report. Mother expressed her concern about the schedule because Father's work hours begin at 7:00 a.m. and Tina, Jenna's step-mother, would be the parent preparing her breakfast and getting her off to school on school days. Mother relayed that she believed Father had said that he could do this when the parties had their conciliation in November, 2005. NO. 02-2313 CIVIL TERM Although obviously very difficult for Mother, she ultimately agreed to the entry of an Order consistent with the recommendations of the custody evaluator, Dr. Wallin. Accordingly, the attached Order is agreed upon by the parties. Date Melissa Peel Greevy, Esquire Custody Conciliator :283522 ERIN L. CORNMAN, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-2313 BRENT S. CORNMAN, : Petitioner/Defendant.: CIVIL ACTION- CUSTODY PETITION FOR CONTEMPT The Petition of Brent S. Cornman, represented by and through his attorney, Jaime D. Wassmer, Esquire, respectfully represents that: 1. Petitioner is Brent S. Cornman, an adult individual and the natural Father who currently resides at 760 Kise Mill Road, York Haven, York County, Pennsylvania. 2. Respondent is Erin L. Cornman, an adult individual and the natural Mother who currently resides at 412 Reno Ave., New Cumberland, Cumberland County, Pennsylvania. 3. The minor child is in this case is Jenna M. Cornman, born October 6, 2000, and who currently resides primarily with Petitioner at 760 Kise Mill Road, York Haven, York County, Pennsylvania. 4. The parties are currently operating under a custody Order dated September 25, 2006, which dictates that Petitioner exercise primary physical custody of the minor child and Respondent exercises partial custody of the child Friday evening through Sunday evening during the school year and Mondays, Tuesdays and alternating weekends during the summer vacation, inter alia. A copy of said Order is attached as Exhibit 1. 5. Petitioner prays this Honorable Court find Respondent in contempt of the aforementioned Order and grant the Special Relief requested due to the following: a. Pursuant to paragraph one (1) of the Custody Order, the parties shall share legal custody of the child to be exercised jointly to make all non-emergency decisions affecting the child's general well-being. b. Respondent moved from her home in Hummelstown, Pennsylvania where the minor child was familiar and comfortable and had her own room, to a residence with another couple, Michael and Chris Klobetanz, where the child does not have her own bedroom or bed and where she does not know the other residents. Petitioner does not know the other residents either. C. Respondent did not consult Petitioner regarding her relocation and its effect on the child or the custodial visitation nor did she notify him until after she had moved. d. On October 17, 2008, Petitioner contacted Respondent via email to inquire about Respondent's living arrangements since Respondent's custodial periods allow for over-night visits. e. On October 17, 2008, Respondent replied to Petitioner's email by stating the child has her own separate room, "which [Petitioner] was more than welcome to come over and check out". A copy of said correspondence is attached as Exhibit 2. f. Respondent's email further stated that she wanted a conference between the parties and undersigned counsel to discuss the matter and "in the interim, to avoid certain aggravation ... [Respondent would] agree to no over-night visits". Respondent wanted the conference scheduled within the following two weeks. g. Undersigned counsel contacted both parties and scheduled a meeting that was to take place on Monday, November 3, 2008. h. On Friday, October 17, 2008, Respondent picked up the child for her visitation and had agreed to return the child by 9:00 p.m. in accordance with her previous email stating no over-night visitation would occur until after the conference; however, when Petitioner arrived to pick up the child, Respondent would not answer the door. Petitioner contacted the authorities, who arrived at Respondent's residence. Respondent did not return the child until the following Sunday evening at 7:30 p.m. i. Petitioner does not elicit details about Respondent from the child but did inquire as to how the child liked her new room at Respondent's residence. The child responded by stating Respondent does not have her own room but instead sleeps either on the floor in Respondent's room while the child sleeps in the bed or Respondent sleeps on the couch. j. Undersigned counsel contacted Respondent to discuss whether the child had her own bed or room while staying at Respondent's residence. Respondent stated that she was in the process of getting a bed for the spare bedroom, which is where Respondent will stay when the child is visiting. k. Because Respondent assured Petitioner that the child had her own space and bed when visiting with Respondent, Petitioner cancelled the conference scheduled for November 3, 2008 and contacted Respondent via email on October 24, 2007 to schedule a time when he could visit the residence and meet Mr. and Mrs. Klobetanz. A copy of said email is attached as Exhibit 3. 1. Despite stating previously that Petitioner could visit Respondent's home and meet the other residents, on November 3, 2008, Respondent emailed Petitioner to state that visiting her home and meeting the other residents was not necessary. A copy of said email is attached as Exhibit 4. M. On November 10, 2008, undersigned counsel sent correspondence to Respondent making a last request to schedule a time for Petitioner to visit her home and meet the other resident or the matter would proceed to Court. A copy of said correspondence is attached as Exhibit 5. n. Respondent called undersigned counsel Wednesday, November 12, 2008 and stated she would not allow Petitioner to visit her home without a Court Order. 6. Respondent is clearly in contempt of violating paragraph one (1) of the September 26, 2006 Order and should be made to pay Petitioner's attorney fees for preparing and filing this Petition, as well as any expense associated with attending future proceedings. 7. Petitioner's counsel's hourly rate is $175, which to date comes to $700.00 and will continue at that rate into the future. 8. Petitioner has made numerous attempts to work with Respondent and to avoid unnecessary Court intervention; however, Respondent has made it clear to both Petitioner and undersigned counsel that she will not comply with the Custody Order or co-parent with Petitioner unless mandated by this Honorable Court to do so. WHEREFORE, Petitioner respectfully requests this Honorable Court to Order Respondent to allow Petitioner to visit her home to ensure the child has appropriate accommodations during her over-night visitations with Respondent and to meet the other residents with whom Respondent resides. Petitioner also prays that this Honorable Court grant his request for counsel fees for Respondent's refusal to co-parent and unnecessarily utilize this Court to gain compliance and compel what is in the best interest of the minor child. Respectfully submitted, ROBINSON & GERALDO By:_ Q?-- Jai e . Wassmer, Esquire Att ey I.D. No. 200705 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition for Contempt and Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Brent Co an CERTIFICATE OF SERVICE +"Vk I, Jaime Wassmer, do hereby certify that on the day of November, 2008,1 caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Erin Cornman 412 Reno Ave. New Cumberland, PA 17070 Respectfully submitted, ROBINSON & GERALDO By: 0 Jaim assmer, Esq. E." ? 29 p n06, ERIN L. CORNMAN, V. Plaintiff BRENT S. CORNMAN, Guido, J. - - Defendant IN THE COURT OF COMM N"PLEAS"OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - I-AW IN CUSTODY ORDER OF COURT AND NOW, this R day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows.. 1. Legal Custody. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the minor child, Jenna M. Cornman born October 6, 2002. 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 well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so, both parties are available to attend. Should one parent take the child to the doctor, the other parent shall be notified before hand, if reasonably possible. Otherwise, the other parent is to be notified within twelve hours, either by phone or e-mail. EXHIBIT I NO. 02-2313 CIVIL TERM The child shall continue to attend school in the school district in which Father resides. Both parents names shall be listed in the school record as primary persons of contact in the event of an emergency. In the event the school is unwilling to Send notices, announcements and report cards to each parent, Father shall make copes and send them to Mother within forty-eight hours of the receipt of such documents. 2. Physical Custody - School Year. A. During the school year, Father will have custody Sunday evening through Thursday night. B. Mother will have custody two of every three weekends, commencing with September 15, 2006 and September 22, 2006. Father's next custodial weekend shall begin September 29, 2006. C. For purposes of this Order, a custodial weekend begins Friday after the parent is off work and continues until Sunday evening at 7:00 p.m. D. Mother shall have custody from after work until 7:00 p.m. on Tuesdays and Thursdays preceding her custodial weekends. Mother shall also have custody on Wednesdays and Fridays from after work until 7:00 p.m. preceding Father's custodial weekend. E. The school year schedule shall begin the Sunday before school begins. The summer schedule shall begin the first Monday that school is out for summer school recess. 3. On days when school is not in session, and Father is not available, then Mother shall have the first option to take care of Jenna that day. If Mother is also not available, Father will then make arrangements for alternate care. 4. Summer Schedule. During the summer, Mother will have custody on Mondays and Tuesdays and alternating weekends. Father will have custody on Wednesdays and Thursdays and alternating weekends. The alternating weekend schedule during the summer shall begin with Mother having the first custodial weekend of summer. 5. Vacation. Each parent shall be entitled to three weeks of custody each summer for purposes of summer vacation. The parties shall provide each other with notice of their selective weeks no later than May 30th. In the event that the parties have scheduled conflicting vacation arrangements, the parent first providing written notice shall have choice of the vacation week. The weeks for vacation shall be scheduled during the time when the vacationing parent has five consecutive days of custody under the summer schedule. NO. 02-2313 CIVIL TERM 6. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, Co the extent possible, that the other household members and/or house guests comply with this prohibition. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties' custody litigation and child support are adult matters, which neither party shall discuss with the minor child. 8. Transportation. Transportation is to be shared by the parties by their mutual agreement. 9. Holidays. The parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. 10. Easter. The parties will alternate custody of the child for Easter each year to commence with Father having custody for Easter, 2007, and subsequent odd-numbered years. Mother will have custody for Easter, 2008, and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter Morning during Father's Easter holiday time in order to take the child to church services, after which Mother will return the child to Father for the remainder of Easter. 11. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the child to Christmas Eve church service, after which she will return the child to Father. 12. The parties shall alternate having custody of the child on the child's birthday with Father having custody in even-numbered years and Mother having custody in odd- numbered years. 13. Mother's Day and Father's Day. Jenna will be with Mother on Mother's Day and with Father on Father's Day. The custodial period for these holidays shall be from Saturday at 6:00 p.m. until Sunday at 7:00 p.m. NO. 02-2313 CIVIL TERM 14. Reasonable Telephone Access. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 15. Neither party shall relocate in a way that will require a change in the custodial schedule in the absence of 60 days written notice to the other parent. This 60-day notice provision is required in order to provide the parties with an opportunity to work out an alternative schedule, or, if necessary, to provide adequate time for bringing the matter back before the Court for the scheduling of a Plowman hearing. 16. This Order VACATES and replaces all prior Orders of custody in this matter. It shall be permissible for the parents to vary from this custodial schedule by their mutual agreement, with an eye toward a harmonious policy, focusing and placing child's interest ahead of their own. BY TH Edward E. Guido, J. Dist: Gerald S. Robinson, Esquire, P. 0. Box 5320, Harrisburg, PA 17110-1709 Erin L. Cornman, 12 Hazel Circle, Mechanicsburg, PA 17050 T LOW FROM Reoof ! e,!11"Wo ,_ a1 Said G4vnt at Carte, R Page 1 of 2 Date: Fri, 17 Oct 2008 13:50:37 -0400 From: ' ornman. Erin" <elcornman.(cz;cvty.com> To: 13(`ornman, "4enndda.com Cc: jwassrner u robinson.-geraido.com Subject: RE: address 2 unnamed text/html 10.17 KB Actually Jenna does have a separate room, which you are more than welcome to come over and check out. I feel that the decision I have made is in Jenna's best interest and that taking her away from me would be more detrimental to her than anything. I have spoken to Jenna about this move on several occasions and she is happy with the new arrangements. In my opinion, Jenna will be in a loving home with good people. I have requested on several occasions to stop the child support just for a couple of months, This would allow me to get back on my feet and get medication that I need for my illness. However, you would not do that and forced me into the situation that I'm currently in. Therefore, your below comment regarding my inability to afford my own place is inappropriate. I am doing the best I can with the situation that you have placed me. Jenna is all that matters to me, she is my heart and my life and I wonder why you feel you must do this to Jenna - in the end that is who you will have a negative effect on. I'm an adult and can handle your contempt for me. All Jenna knows is that I want to spend as much time with her as possible. I will not mention anything to her regarding this topic, but I will leave it up to you to explain why she is not allowed to stay overnight with me. I hope that you will also honor your comment and not have any further discussion with her on this matter. I would like a conference set up with myself, you, and your attorney to discuss this matter and the matter of custody in the future, If you are willing, I would appreciate that you do so as soon as possible so that this important matter can be resolved. In the interim to avoid certain aggravation caused by you that would have negative impact for Jenna, I will agree to no overnights for now, I would like a conference set up within the next 2 weeks or that agreement is no longer in effect. Please do not respond to this email, save it for the conference. Thank you. Erin From: BCornman@penndda.com [mailto:BCornman@penndda.com] Sent: Friday, October 17, 2008 10:08 AM To: Cornman, Erin Cc: jwassmer@robinson-geraldo.com Subject: Re: address EXHIBIT Erin, After being in contact with my lawyer and explaining our current situation I have been advised that I have grounds for modification/possible contempt of our custody order. You living in another couple's home and sharing a room/bed with Jenna is unacceptable. I am hoping that we can come to some kind of agreement regarding this situation between ourselves without having to involve the courts. This agreement would only be http://webmail.onecommunications.net/horde/implmessage.php?actionlD=148&mailbox=... 11/13/2008 Page 2 of 2 in effect until you can provide you and Jenna a place to live on your own. Should we not be able to do this among ourselves I will continue through the courts to get this matter resolved. I am not trying to create controversy between us, however again as Jenna's father I have to do what I feel is in the best interest for Jenna. I am suggesting no overnight stays until you move back into your own place. You can continue getting Jenna for visitation on your current scheduled days however she will need to be back to me on Friday and Saturday evening by 9:00 p.m. for your weekends of custody. Your reason for moving being that you can not afford it, is not Jenna's problem and as her mother you have the responsibility to provide a stable home, clothing, food, etc. for her. I do expect any of this will be mentioned or talked about to Jenna in any such way. Jenna is the innocent child here and does not need to worry about these adult situations. Please advise if you are willing to work this out between the two of us or if I should follow through the courts. As I stated in my last email this is a very important issue. I would like to get this resolved immediately. Brent Cornman: 717-938-5390 home 717-887-4286 cell 717-580-9797 work cell bcorman@ptd.net bcornman@penndda.com This e-mail and any of its attachments contains PRIVILEGED AND CONFIDENTIAL INFORMATION belonging to the Penn Detroit Diesel Allison LLC family of companies. This e-mail is intended only for the use of the individual(s) or the entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination or copying is strictly prohibited. If you have received this in error, please notify us immediately by e-mail reply and permanently delete the original and any copy of the e-mail, its attachments, and printouts. If a phone call is required contact us at 215-335-0500. Thank you for your cooperation. Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary or privileged and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act (HIPAA). The message is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subject you to criminal or civil penalties. If you received this transmission in error, please contact the sender immediately by replying to this email and delete the material from any computer. http://webmail.onecommunications.net/horde/implmessage.php?actionID=148&mailbox=... 11/13/2008 Page 4 of 5 From: BCornman@penndda.com [mailto:BCornman@penndda.com] Sent: Friday, October 24, 2008 9:16 AM To: Cornman, Erin Subject: Re: Jenna Erin: If you have not already been notified by my lawyer that the conference has been cancelled you will be shortly. Since you have assured my lawyer that Jenna has her own room I have been advised to come to where you are living and see where Jenna will be staying while in your custody, as well as meet with the homeowners. Please reply asap on what date and time will work for you and them. Brent Cornman This e-mail and any of its attachments contains PRIVILEGED AND CONFIDENTIAL INFORMATION belonging to the Penn Detroit Diesel Allison LLC family of companies. This e-mail is intended only for the use of the individual(s) or the entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination or copying is strictly prohibited. If you have received this in error, please notify us immediately by e-mail reply and permanently delete the original and any copy of the e-mail, its attachments, and printouts. If a phone call is required contact us at 215-335-0500. Thank you for your cooperation. Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary or privileged and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act (HIPAA). The message is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subject you to criminal or civil penalties. If you received this transmission in error, please contact the sender immediately by replying to this email and delete the material from any computer. This e-mail and any of its attachments contains PRIVILEGED AND CONFIDENTIAL INFORMATION belonging to the Penn Detroit Diesel Allison LLC family of companies. This e-mail is intended only for the use of the individual(s) or the entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination or copying is strictly prohibited. If you have received this in error, please notify us immediately by e-mail reply and permanently delete the original and any copy of the e-mail, its attachments, and printouts. If a phone call is required contact us at 215-335-0500. Thank you for your cooperation. Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary or privileged and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act (HIPAA). The message is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subject you to criminal or civil penalties. If you received this transmission in error, please contact the sender immediately by replying to this email and delete the material from any computer. EXHIBIT http://webmail.onecommunications.net/horde/imp/message.php?a 11 /13/2008 Page 3 of 5 "Cornman, Erin" <elcornman@cvty.com> To <gCornman@penndda.com> 11/0312008 08:39 AM cc Subject RE: Jenna Brent, Actually, I believe that it really isn't necessary. The last 2 times that I have moved you have not had any issue. Jenna is happy and is in a very good environment for her, you need to trust my judgment ...I know that is not easy to do because I have also had to do that with you. As Jenna's parent I have made a decision that I feel is in her best interests. I really can't email much at work; so if you want to discuss this further my home email address is: elc07l1@hotmail.com Erin EXHIBIT Erin Cornman 412 Reno Ave. New Cumberland, PA 17070 Re: Cornman v Cornman Dear Ms. Cornman: November 10, 2008 This letter is in reference to the above-mentioned matter, specifically addressing the issue of your new residence. As you know, you, Brent and I were to meet at your suggestion on November 3, 2008 to discuss your new living arrangements and how it affects Jenna. Brent has repeatedly expressed concerns over whether Jenna has her own room, as well as the fact that you are living with another couple. Our meeting was cancelled based on your assurance that not only is the couple with whom you residing good people, but also that Jenna has her own room and you had a bed in a spare room. In an effort to work together for the good of your daughter, with keeping her best interests in the forefront, I supported Mr. Cornman's decision to cancel the meeting and bypass unnecessary legal action and encouraged him to make arrangements with you to meet the couple and to see the environment in which you live is satisfactory for your daughter. Mr. Cornman has made repeated attempts to try and arrange a time with you to visit your home and meet the other residents; however, you have stated that you do not feel it is necessary. Both parents of a child have the right to inspect the other parent's residence to ensure it is safe, clean, and suitable. When a parent resides with other individuals, the other parent also has the right to meet those people to ensure they do not pose a threat to the child. If you do not allow Mr. Cornman to meet the couple with whom you live and visit your residence to examine its contents to ensure Jenna's environment is clean, safe and suitable within ten (10) days of the date of this letter, we will file a petition with the Court and compel your compliance Should you wish to discuss this matter further, do not hesitate to contact me directly. Sincerely yours, Cc: Brent Cornman JDW: jdw P. O. Box 5320 Harrisburg, PA 17110-5320 www.robinson-geraldo.com ROBINSON & GERALDO By: JQ 1A Jai . Wassmer, Esquire EXHIBIT 5 67 Washington, D.C. 1316 Pennsylvania Ave., S.E. Washington, D.C. 20003 (202) 544-2889 Fax (202) 547-8342 d R? p b ERIN L. CORNMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-2313 CIVIL ACTION LAW BRENT S. CORNMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 03, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 06, 2009 at 1:30 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. 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/ Daum S. Sunda 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 I-W Ktib'i&NO -LOldd 3HI JO 3 o?a40--Om oa JAN 1 6 2009 ,-? ERIN L. CORNMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-2313 CIVIL ACTION LAW BRENT S. CORNMAN Defendant IN CUSTODY ORDER OF COURT AND NOW this day of 2009, upon consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows: 1. The prior Order of this Court dated September 25, 2006 shall continue in effect. 2. The parties agree that on January 14, 2009 at 5:00 p.m., the Father and his counsel will meet with the Mother and the family with whom she resides at the Mother's place of residence. The Father shall remain outside the residence where he will meet Mr. and Mrs. Klobetanz. The Mother will accompany the Father's counsel to the Child's room, where she stays while in her Mother's custody. 3. The parties shall continue to discuss the possibility of initiating counseling for the purpose of improving their communications and co-parenting relationship in an effort to promote the emotional well-being of the Child. BY T R , Edward E. Guido J. cc: v?lea_ii . Wassmer, Esquire - Counsel for Father in L. Cornman - Mother c tt n _ f a` 6A -% F - A 3. it w' tll dLd i 9 1 :216ld 1 Z NVf 6862 -M ERIN L. CORNMAN Plaintiff VS. BRENT S. CORNMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-2313 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jenna M. Cornman October 6, 2000 Father 2. A custody conciliation conference was held on January 6, 2009, with the following individuals in attendance: the Father, Brent S. Cornman, with his counsel, Jaime D. Wassmer, Esquire, and the Mother, Erin L. Cornman, who is not represented by counsel in this matter. 3. In an effort to resolve the issues raised by the Father in his Petition for Contempt, the parties discussed the possibility of the Father and his counsel visiting the Mother's current residence to confirm that the child has adequate accommodations. The conciliator agreed to place this matter on hold until the Mother could obtain the consent of the family with whom she currently resides. Having been notified by the Father's counsel that arrangements have been finalized to address the outstanding issues, the conciliator submits an Order in the form as attached reflecting the parties' agreement. _ i Cyrua_A.??? `d. ?DC1 / 10-e7 e? ,? 4 -1 Date r- Dawn S. Sunday, Esquire Custody Conciliator ERIN L. CORNMAN, PLAINTIFF vs, BRENT S. CORNMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 02-2313 CIVIL TERM CIVIL ACTION - LAW ACTION FOR CUSTODY PRAECIPE FOR ENTRY O ; APPEARANCE Please enter my appearance on behalf of the Plaintiff, ERIN L. CORNMAN. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July 8 2009 assn Kay Can PA I.D. # 64 4010 Ole Mechanicsburg (717) 724-2278 1 rr- t I T 1,. 1 2QQ9 IJU J "s ue • ' l1 t Erin L. Cornman, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNSYLVANIA NO. 2002 2313 Brent Cornman, Defendant. CIVIL ACTION PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE Kindly enter the appearance of Kristopher T. Smull, Esquire, on behalf of the Defendant in the above-captioned matter. Date: t 1? S l d l Respectfully submitted: ROBINSON & GERALDO Krist6pher' Smull, Esquire Attorney I.D. No. 69140 2505 N. Front Street, 2' Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Kindly withdraw the appearance of Jaime D. Black, Esquire, on behalf of the Defendant in the above-captioned matter. Date: /l 3 67 Respectfully submitted: By: J me . Black, Esquire A rney I.D. No.200705 1300 Market Street, Suite 10 Lemoyne, PA 17043 F LED--j: i=1 C', rLE OF THE PC,79-` IMF) ARY 2009 NOV 10 P 12, 0 2 ERIN L. CORNMAN, IN THE COURT OF COMMON PLS o BRENT S. CORNMAN, DEFENDANT PLAINTIFF VS. NO. 02-2313 CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, ERIN L. CORNMAN, by and through her counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff is ERIN L. CORNMAN who currently resides at 412 Reno Avenue, New Cumberland, Pennsylvania, 17070. 2. The Defendant is BRENT S. CORNMAN, who currently resides at 760 Kise Mill Road, York Haven, York County, Pennsylvania, 17370. 3. Plaintiff seeks Shared Legal Custody and Shared Physical Custody of the following child: Name OF CUMBERLAND COUNTY, G PENNSYLVANIA • C,? x: N f ;4 CIVIL ACTION -LAW > c,} IN CUSTODY ?? .r- Present Residence Date of Birth JENNA M. CORNMAN 760 Kise Mill Road October 6, 2002 York Haven, PA 4. The child was born out of wedlock. 5. The child is presently in the Primary Physical custody of Defendant who resides at 760 Kise Mill Road, York Haven, PA, 17370. 70.00 Pb A7'-"/ W 1415 0.?40863 gr:v -OM 40, T C)q ;9 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Names Address Dates Defendant 760 Kise Mill Road 2006 to Present Wife, Christina, York Haven, PA Step-Daughter, Kendra 7. The mother of the child is Plaintiff whose current address is 412 Reno Avenue, New Cumberland, Cumberland County, PA 17070. 8. Plaintiff and Defendant have never been married. 9. The father of the child is Defendant, who currently resides at 760 Kise Mill Road, York Haven, PA, 17370. 10. Defendant is married. Defendant currently resides with his wife, Christina, and his step-daughter, Kendra. 11. Plaintiff is single. Plaintiff resides alone. 12. Plaintiff has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2002-2313, the result was a custody order which is attached hereto and made a part hereof as Exhibit "A". 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Mother was awarded Shared Legal Custody of the child in the present custody order, but Father does not share information, does not share information in a timely manner or simply makes a unilateral decision without even considering Mother's input, thoughts and concerns, resulting in Mother being totally left out of any decisions in the child's life; B. Mother wanted her daughter to attend Bible Baptist School, but, Father said, No, she will be molested there and refused to consider this option; C. The child will need dental work, which is not an emergency. Mother wanted to put the child on her insurance to cover a significant part of the dental expense, Father said no, he would pay for all the dental expense and it would be done according to his decisions; D. Father's wife, Christina, makes all decisions and plans for the child's extra-curricular activities and after it is done, notifies Mother of what will occur, frequently Mother is not notified in a timely manner; E. When Father did not "like" Mother's child care provider, Father simply took off any days the child was to be with Mother and the child care provider and prevented the child from being with the child care provider which he did not "like"; F. The child had problems on the school bus with another child bullying her. Mother is never notified until after it is all done with a simple "Her Father took care of it."; G. Father never agrees to any "extra" time for Mother, example over the Christmas break, Father refused to allow Mother even a few extra hours; H. Father refuses to allow the child to be with Mother on New Years' Eve (since the present custody order does not address New Years' Eve) and continues to take the child to parties where liquor is served, despite Mother's requests to have her daughter with her; 1. Father does not share with Mother when the child is off school for any reason, specifically when the child is ill. This past winter, Father kept the child home from school, allegedly ill and then took the child to the Farm Show, not telling Mother anything; J. Father will simply not agree with anything Mother suggests or requests, often not even giving Mother the courtesy of speaking with her; K. Father's Wife states "she does not have to follow the current custody order, because she is not a party and she can do whatever she wants"; L. Although the Mother is not in the child's same school district, Mother would be able to transport the child to and from school and the child would be able to sleep longer in the morning when with Mother, due to the differences between Mother's schedule and Father and his Wife's schedules; M. Mother has great love and concern for her child and does not believe it is in her child's best interest to be raised only by her Father. 17. 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. WHEREFORE, Plaintiff, ERIN L. CORNMAN, requests this Honorable Court continue Shared Legal Custody between the parties, and grant Plaintiff, ERIN L. CORNMAN and Defendant, BRENT S. CORNMAN, SHARED PHYSICAL CUSTODY, of the minor child, JENNA M. CORNMAN. Respectfully submitted, LAW FIRM OF SUSAN KA LO. P.C. Dated: April 19, 2010 Susan Kay Candiell , Counsel for Plaint f PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: y ?y iD RIN tYWCORNMAN EXHIBIT "A" ERIN L. CORNMAN, Plaintiff SEP 2 1 2006 IN THE COURT OF COMM N`REISA- OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2313 CIVIL TERM V. BRENT S. CORNMAN, Defendant Guido, J. - - CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ?s day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Erin L. Cornman and Brent S. Cornman, shall have shared legal custody of the minor child, Jenna M. Cornman born October 6, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make a-ll major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms d 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic aihletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to coordinate the child's medical appointments in such a fashion that when it is reasonably possible to do so, both parties are available to attend. Should one parent take the child to the doctor, the other parent shall be notified before hand, if reasonably possible. Otherwise, the other parent is to be notified within twelve hours, either by phone or e-mail. .NO. 02-2313 CIVIL TERM The child shall continue to attend school in the school district in which Father resides. Both parents names shall be listed in the school record as primary persons of contact in the event of an emergency. In the event the school is unwilling to send notices, announcements and report cards to each parent, Father shall make copes and send them to Mother within forty-eight hours of the receipt of such documents. 2. Physical Custody - School Year. A. During the school year, Father will have custody Sunday evening through Thursday night. B. Mother will have custody two of every three weekends, commencing with September 15, 2006 and September 22, 2006. Father's next custodial weekend shall begin September 29, 2006. C. For purposes of this Order, a custodial weekend begins Friday after the parent is off work and continues until Sunday evening at 7:00 p.m. . D. Mother shall have custody from after work until 7:00 p.m. on Tuesdays and Thursdays preceding her custodial weekends. Mother shall also have custody on Wednesdays and Fridays from after work until 7:00 p.m. preceding Father's custodial weekend. E. The school year schedule shall begin the Sunday before school begins. The summer schedule shall begin the first Monday that school is out for summer school recess. 3. On days when school is not in session, and Father is not available, then Mother shall have the first option to take care of Jenna that day. If Mother is also not available, Father will then make arrangements for alternate care. 4. Summer Schedule. During the summer, Mother will have custody on Mondays and Tuesdays and alternating weekends. Father will have custody on Wednesdays and Thursdays and alternating weekends. The alternating weekend schedule during the summer shall begin with Mother having the first custodial weekend of summer. 5. Vacation. Each parent shall be entitled to three weeks of custody each summer for purposes of summer vacation. The parties shall provide each other with notice of their selective weeks no later than May 30th. In the event that the parties have scheduled conflicting vacation arrangements, the parent first providing written notice shall have choice of the vacation week. The weeks for vacation shall be scheduled during the time when the vacationing parent has five consecutive days of custody under the summer schedule. NO. 02-2313 CIVIL TERM 6. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties' custody litigation and child support are adult matters, which neither party shall discuss with the minor child. 8. Transportation. Transportation is to be shared by the parties by their mutual agreement. 9. Holidavs. The parties will alternate the following holidays. New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. 10. Easter. The parties will alternate custody of the child for Easter each year to commence with Father having custody for Easter, 2007, and subsequent odd-numbered years. Mother will have custody for Easter, 2008, and subsequent even-numbered years. However, Mother shall be permitted to have custody on Easter Morning during Father's Easter holiday time in order to take the chiid to church services, after which Mother will return the child to Father for the remainder of Easter. 11. Christmas. The Christmas holiday will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at ryoon. Segment B shall be from December 25th at noon until December 26th at 7:00 p.m. In *en-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. However, when Father has Segment A Mother shall be permitted to take the child to Christmas Eve church service, after which she will return the child to Father. 12. The parties shall alternate having custody of the child on the child's birthday with Father having custody in even-numbered years and Mother having custody in odd- numbered years. 13. Mother's Day and Father's Day. Jenna will be with Mother on Mother's Day and with Father on Father's Day. The custodial period for these holidays shall be from Saturday at 6:00 p.m. until Sunday at 7:00 p.m. NO. 02-2313 CIVIL TERM 14. Reasonable Telephone Access. Both parties shall have the right to reasonable ;telephone contact with the child during the other party's period of custody. The child may ;initiate a telephone call to the non-custodial parent upon their request. Neither party shall 'interfere with the other party's telephone contacts with the child. Each party shall make all ;reasonable efforts to promptly return calls or messages left by the other party regarding the 'child. 15. . Neither party shall relocate in a way that will require a change in the custodial schedule in the absence of 60 days written notice to the other parent. This 60-day notice provision is required in order to provide the parties with an opportunity to work out an ;alternative schedule, or, if necessary, to provide adequate time for bringing the matter back ,6efore the Court for the scheduling of a Plowman hearing. 16. This Order VACATES and replaces all prior Orders of custody in this matter. It shall be permissible for the parents to vary from this custodial schedule by their mutual agreement, with an eye toward a harmonious policy, focusing and placing child's interest ahead of their own. BY THVCOURT: Edward E. Guido, J. Dist: Gerald S. Robinson, Esquire, P. O. Box 5320, Harrisburg, PA 17110-1709 Erin L. Comman, 12 Hazel Circle, Mechanicsburg, PA 17050 TRIM LA)W FiJOM RECOM ' TM?IM;??MMIrOf,1 here ?s??M1? MN d IW cou at Ca lft P& 4Z add r