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HomeMy WebLinkAbout06-6744ROBERT L. WEIDNER, JR. and : IN THE COURT OF COMMON PLEAS OF LINDA K. WEIDNER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACT29VIy LAW : NO. 2006 - CIVIL TERM HEATHER L. NASH, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW come the plaintiffs, by their attorney, Harold S. Irwin, III, Esquire, and file this complaint and agreement for custody, representing as follows: 1. The plaintiffs are ROBERT L. WEIDNER, JR. and LINDA K. WEIDNER, adult individuals with a current address of 106 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is HEATHER L. NASH, an adult individual currently residing at 15 South Baltimore Avenue, Apartment 4, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The natural parents of the minor child, NEO G. MORENO (born August 23, 2002), are Miguel A. Moreno, currently residing in Las Vegas, Nevada, and the defendant, Heather L. Nash. 4. The parents of the child were not married at the birth of the child, but separated on or about 2004. The child has resided primarily with the defendant since that time. 5. On June 30, 2005, this Court entered a custody order wherein it provided, inter alia, that the parents of the child have shared legal custody, the father has primary physical custody during the school year and the mother has primary physical custody during the summer months. A copy of said Order is incorporated herein by reference and attached hereto as Exhibit "A". 6. The father has given his consent to a modification of the present custody arrangement as requested herein. A copy of the father's consent is incorporated herein and attached hereto as Exhibit "B" 7. The plaintiffs have not participated as parties, witnesses or in any other capacity in other litigation concerning the custody of the child in this or another court. 8. The plaintiffs have no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 9. The plaintiffs do 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, except as stated herein. 10. The plaintiffs believe and therefore aver that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiffs have primary physical custody of the child and that the defendants have temporary physical custody of the child in accordance with their mutual agreement hereinafter set forth. 11. All parties, as evidenced by their joint execution of this complaint or attached consent, have mutually agreed upon the following amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The father, MIGUEL A. MORENO, and the mother, HEATHER L. NASH, and the plaintiffs, ROBERT L. WEIDNER, JR. and LINDA K. WEIDNER, shall share legal custody of the minor child, NEO G. MORENO (born August 23, 2002). Joint legal custody means that all parties shall jointly share the right of control of the child and shall share in making decisions of importance in the life of the child, including educational, medical and religious decisions. All parties shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to-day living shall be made by the party then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Plaintiffs shall have primary physical custody of the child. C. The Mother and Father shall have temporary physical custody and visitation of the child on a liberal basis as mutually agreed between the parties from time to time. D. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from one or more of the other parties or hinder the natural development of the child's love or affection for one or more of the other parties. G. The parties agree that this arrangement is for the best interests and welfare of the child at this time due to the financial situation of the parents and for other reasons, that this agreement will in no way otherwise effect the parental rights of the parents and it will never be used by any of the parties in an effort to negatively affect the rights, duties and privileges of the parents. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid without the requirement of a custody conciliation or hearing. October, 2006 HAROLD S. IRWIN,`R Attorney for Plaintiffs VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. N X, Y 2006 nc t -- RZI , , 2006 l IVA? "2006 ?• !J?''?"?-`" (SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND J. On this, the day of October, 2006, before me, the undersigned officer, personally appeared ROBERT L. WEIDNER, JR. and LINDA K. WEIDNER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Public v Notarial Seal Jane Adams, Notary Public COMMONWEALTH OF PENNSYLV Carlisle Boro, Cumberland County Commission Expires Sept. 6, 2008 COUNTY OF CUMBERLAND On this, the 24 day of October, 2006, before me, the undersigned officer, personally appeared HEATHER L. NASH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Public Notarial Seal Jane Adams, Notary Public Carlisle Boro, Cumberlan-' County My Commission Expires Sept. 6, 2008 RECEIVED JUN 2 g 2005 .?f HEATHER LYNN NASH, Plaintiff v MIGUEL ANGEL MORENO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2510 : IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this 30 ?' day of u , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Heather Lynn Nash, and the father, Miguel Angel Moreno, shall enjoy shared legal custody of Neo Gambit Moreno, born August 23, 2000. 2. The father, Miguel Angel Moreno, shall have primary physical custody of the minor child during the school year with mother having primary physical custody of the minor child during the summer months. 3. For the summer, mother shall obtain custody of the minor child four days after the Memorial Day holiday with custody returned to the father at or near August 23rd of each year, with the August 23'd date (which is the birthday of the child) to alternate each year so that one year the mother still has custody on the birthday, and the following year the child shall be returned to the father for the birthday. 4. Mother shall also have custody of the minor child for two weeks over the Christmas holiday on an alternating yearly basis so that mother spends Christmas with the minor child every two years. 5. On at least 30 days notice to the father, mother shall also be able to exercise custody with the minor child for one week in California. 6. Except as set forth above, father shall enjoy primary physical custody of the minor child in California. 7. The parent receiving the child on an exchange of custody shall handle transportation for the particular exchange. 8. The parties may modify this schedule as they agree. Absent an agreement, this schedule shall control. In the event either party desires to modify this custody arrangement and the parties are unable to reach an agreement on a modification, either party may petition the Court to have the case again scheduled with a Custody Conciliator. BY THE COURT, s? udge Cc: Grace E. D'Alo, Esquire Mr. Miguel Angel Moreno In T timorry whorwf, t kart _wiW sM 1 e ;,id the xM, of sa°,1 d: # , PA. Proton mN HEATHER LYNN NASH, Plaintiff v MIGUEL ANGEL MORENO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2510 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Neo Gambit Moreno, born August 23, 2000 2. A Conciliation Conference was held on June 24, 2005, with the following individuals in attendance: The mother, Heather Lynn Nash, with her counsel, Grace E. D'Alo The father appeared via telephone. 3. The parties agreed to the entry of an Order in the form as attached. Date Hubert X. Gi oy, Esquire Custody Conciliator ROBERT L. WEIDNER, JR. and : IN THE COURT OF COMMON PLEAS OF LINDA K. WEIDNER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ?. : CIVIL ACTION - LAW NO. 2006 - CIVIL TERM HEATHER L. NASH, . Defendant : IN CUSTODY CONSENT I, MIGUEL A. MORENO, being over the age of eighteen years, certify the following: 1. My name is MIGUEL A. MORENO. 2. 1 am 26 years old (Date of Birth: September 29, 1980). 3. My marital status is single. 4. 1 am the natural father of NEO G. MORENO, the child which is the subject of this matter. 5. 1 hereby voluntarily and unconditionally consent to the custody modification set forth in the petition of Robert L. Weidner, Jr. and Linda K. Weidner. 7. 1 understand that by signing this consent I am giving up none of my parental rights. 8. 1 agree that that this arrangement is for the best interests and welfare of the child at this time due to financial and other reasons, that it will in no way otherwise effect my parental rights and that this agreement will never be used by any of the parties in an effort to negatively affect the rights, duties and privileges of the parents. 9. 1 enter into this consent with the knowledge that the Court will sign the order modifying my custody rights without a hearing. 10. 1 have read and understood the above and am signing it as a free and voluntary act. Alef 2006 WITNESSED BY: Address and Relationship of Witness A% % F. OAMM MV APr. a/9,1 445 VEGr43 W aq/Dy PUATroNSX P : Mf-ND Address and Relationship of Witness Address and Relationship of Witness - - Q5 .010 T ROBERT L. WEIDNER, JR., IN THE COURT OF COMMON PLEAS OF And LINDA K. WEIDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW HEATHER L. NASH, Defendant NO. 06-6744 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of December, 2006, upon consideration of the Complaint for Custody filed November 22, 2006, in the above-captioned matter, and of the "Verification and Confirmation of Agreement" executed by Robert L. Weidner, Jr., Linda K. Weidner, and (apparently) Heather L. Nash, and it appearing (a) that the said complaint has substituted Robert L. Weidner, Jr. and Linda K. Weidner as Plaintiffs for the original Plaintiff, Heather Lynn Nash, (b) that the original Defendant, Miguel Angel Moreno, the natural father, has been omitted as a party on the new complaint, (c) that the natural father was given primary physical custody of the child in question by order of court dated June 30, 2005, and (d) that the purported consent of the natural father to the new "agreement" has been omitted from the recent filing, the proposed order for custody of Neo G. Moreno (d.o.b. August 23, 2002), is denied, without prejudice. BY THE COURT, c J esley Ol Jr., J. blNVAIASNN?d 90 :Z Wd I - 030 90021 301-jY V..A H I Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Robert L. Weidner, Jr. Linda K. Weidner 106 N. Baltimore Avenue Mt. Holly Springs, PA 17065 Heather L. Nash 15 S. Baltimore Avenue Apt. 4 Mt. Holly Springs, PA 17065 Miguel Moreno 728 Nelson Apt. C N. Las Vegas, NV 89030 rc ROBERT L. WEIDNER LINDA K. WEIDNER, Plaintiffs/Respondents V. HEATHER LYNN NASH, Defendant/Petitioner V. MIGUEL ANGEL MORENO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 06-6744 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petitioner Heather Nash, by her attorneys, the Family Law Clinic, respectfully represents that on February 23, 2007, an Order of Court was entered for custody of Neo G.' Moreno (hereinafter Child), born August 23, 2002, a true and correct copy of which is attached. Under the existing Order, Plaintiffs have primary physical custody of the child. Defendant (hereinafter Mother), has temporary physical custody of the child. Mother is to have temporary physical custody and visitation of the child on a liberal basis as mutually agreed between the parties' from time to time. 2. This Order should be modified because: a. Child, who is 6 years old, spends every weekend with Mother, and Mother is as involved as she can be in Child's life. b. Mother has Child for extended periods during school breaks of Child. c. Mother has made herself mentally and financially prepared to have primary custody of Child, d. As Child grows, he has become confused with the current situation at hand and needs to be with Mother who is prepared to nurture him. e. Mother is expecting to give birth within the next three (3) weeks to a child who will be Child's half sibling. Child and his sibling should be together. f. Mother had primary physical custody of Child until June 2005. g. Mother appreciates what the Plaintiffs have done but believes it is now in the best interest of Child that she have primary physical custody. h. Mother has prepared for the transition of Child by arranging for a pediatrician in her area and by contacting and obtaining all necessary information from the local school. i. Mother can offer Child a stable household. j. Mother is not in the same set of circumstances that lead to the decision to allow custody to be given to Plaintiffs. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant her primary physical custody because it will be in the best interest of the child. Date: Victor Davi son II Certified Legal Intern MEG RIESMEYER THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date D Heathe fed e""? -' f 1 t °F"; ?'?.7 i.?_,S ?, ? i..; ROBERT L. WEIDNER LINDA K. WEIDNER, Plaintiffs/Respondents V. HEATHER LYNN NASH, Defendant/Petitioner V. MIGUEL ANGEL MORENO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 06-6744 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Heather Lynn Nash, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 21,21 A09, Resp9cct y titted, Victor Davidson II Certified Legal Intern MEGA RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?• ° ? : ? , '?' .--? ? ^ 4"' 4 .. 1`? .... "#??' : ' ?,e .? : _•.-f .. -??"tT ' .w- .- 4 :v v r 1 T`*-` ... ROBERT L. WIDNER, LINDA K. WEIDNER . IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-6744 CIVIL ACTION LAW HEATHER LYNN NASH, MIGUEL ANGEL MORENO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 03, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, !Ls. 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 ,16 Ai 9 S :z wj a ! 8va 60oz 0-L/)/.r zo©? ®I -E- ROBERT L. WEIDNER LINDA K. WEIDNER, Plaintiffs/Respondents V. HEATHER LYNN NASH, Defendant/Petitioner V. MIGUEL ANGEL MORENO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 06-6744 CIVIL TERM AFFIDAVIT OF SERVICE I, Victor Davidson II, hereby certify that I served a true and correct copy of the Petition to Modify, on Miguel Angel Moreno, by certified mail requesting restricted return receipt at: 3725 Sorrowing Sparrow Ct., North Las Vegas, NV 89032 on Wednesday April 22, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities Date: o L-ol M9 APR 23 At! iO. 14 ROBERT L. WEIDNER LINDA K. WEIDNER, Plaintiffs/Respondents V. HEATHER LYNN NASH, Defendant/Petitioner V. MIGUEL ANGEL MORENO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 06-6744 CIVIL TERM AFFIDAVIT OF SERVICE I, Victor Davidson II, hereby certify that I served a true and correct copy of the Petition to Modify, on Harold S. Irwin, III, Esquire, attorney for Robert L. Weidner and Linda K. Weidner, by certified mail requesting restricted return receipt at: 64 South Pitt Street, Carlisle, PA 17013' on Wednesday April 22, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 41 4 ED, OF [ F ,. ,.• 2009 PR 23 h 13: '} 6 MAY 1 3 2009 ROBERT L. WEIDNER and IN THE COURT OF COMMON PLEAS OF LINDA K. WEIDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW HEATHER LYNN NASH and MIGUEL ANGEL MORENO, NO. 2006-6744 Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler COURT ORDER AND NOW, this _4a - day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the day of August, 2009 at L!1-4m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. In the event the parties believe there will exist an opportunity to resolve the case, the parties will meet with the custody conciliator again on Thursday, August 6, 2009 at 8:30 a.m. However, if legal counsel for the parties both agree in August that a second conciliation will be meaningless, they may notify the conciliator and cancel the conciliation conference. 3. Pending further Order of this Court, this court's prior order of February 23, 2007, shall remain in place subject to the following modifications relating to physical custody of the child: Lr) 4 . LO .F L!J I% 13..3 Li- N A. For the remainder of the school year, physical custody shall be handled with the parties continuing the status quo such that the minor child is residing with the Weidners on a full-time basis but that the mother is provided custody on weekends and at other times consistent with what has been happening over the past few months. B. Commencing June 14, 2009, and pending further order of this court, the mother shall have physical custody on an alternating week basis with the mother having custody from June 14 at 6:00 p.m. unless agreed by the parties for another exchange time until June 21 at 6:00 p.m. when custody of the minor child shall be delivered back to the Weidners. The parties shall alternate custody on a week on/week off basis until the hearing. However, in the event when mother has custody that she is not available because of work or otherwise and her live-in boyfriend is not available to provide care for the child, the mother shall contact the Weidners and provide them with the first opportunity to provide care for the minor child when the mother and/or her boyfriend is working. BY THE COURT, cc: ?V- or Davidson, II, Student Attorney arold S. Irwin, III, Esquire (20 ates rnVtL S/15 f vq ROBERT L. WEIDNER and LINDA K. WEIDNER, Plaintiff vs. HEATHER LYNN NASH and MIGUEL ANGEL MORENO, Defendant PRIOR JUDGE: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6744 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Neo G. Moreno, born August 23, 2002 2. A Conciliation Conference was held on May 8, 2009, with the following individuals in attendance: The mother, Heather Lynn Nash, who appeared with her student attorney, Victor Davidson, II, from the Dickinson School of Law Family Law Clinic, Robert L. Weidner, Jr. and Linda K. Weidner, with their counsel, Harold S. Irwin, III, Esquire, and the father, Miguel Angel Moreno, was not present. 3. There is an existing order from February of 2007 which gives the mother and father and the Weidners shared legal custody of the minor child. This is a unique case in that the Weidners are not blood relatives of the minor child. They have been taking care of the minor child for quite a period of time and the mother is now seeking primary custody. The parties are unable to reach an agreement and a hearing is required. r 4. Pending the hearing, the conciliator believes it would be in the best interest of all parties involved if the mother did have some additional time with the minor child so that the court would be able to examine at the hearing what issues, if any, are present when the mother has custody of the child. Accordingly, the conciliator recommends an Order in the form as attached. Date: May () '2009 A"') Hubert X. Gilroy, Esquire Custody Conciliator AUG 0 6 2009 t? ROBERT L. WEIDNER and IN THE COURT OF COMMON PLEAS OF LINDA K. WEIDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW HEATHER LYNN NASH and MIGUEL ANGEL MORENO, NO. 2006-6744 Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler COURT ORDER AND NOW, this day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Custody Agreement attached hereto and marked Exhibit `A' is incorporated as an order of Court and enforceable as an Order of Court. In the event any party in the future desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. 2. The Hearing scheduled for August 17, 2009, at 1:30 p.m. is cancelled. cc ah Rosko, Certified Legal Intern Dickinson School of Law Family Law Clinic Harold S. Irwin, III, Esquire COP,." ,'ylatICCL eft/e:)? BY THE COURT, OF THE 2N9 U! --7 Ali !G: 54 IG7