The URL can be used to link to this page

Home My WebLink About94-02484 .. 1 . . .~~'~~~~-~~~-~~~~--~~*'~:~~~:'~"~'.~~:~~ ~ ' ~~ ._- $ ~ 8 " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. ~ 8 ~ ~ ,.; $ $ 8 8 .', * ~ " ,', * 3 . ~ (, ~ ~ g ~ " ~ ~ ~ ~ ,.~ ,'~ ~ ~ '0' ~ ... ~ '.' ~ ',' ~ ~ '.' ~ * *- '0' J, V 1"- ;~ " " $ s " " ~ " " ~ ," ~ " CLARK D. HERMAN, CIVIL 1994 ? /7 '~<'>"< k ""~;~ ~ ~0* ~ ~...;: .;.;: ::.:. - .:.:: .:.:- ;I: -:;:: .:.:' - .:.:: ::.:. .:.:. -::.:. .:.; - .:+:.- -:+:. .:+:- .:+:. .:+:. .:+:. .:.:. .:+:. .:+:.' .:+:. -:6:' - .:+:. .:+:. .:+:. -:+:. .:+:. -:+t ," ~ Plaintiff N ll, ."9.,4:::2..4,a.~.",, w ". V~l"";llS $ STEPHANIE A. HERMAN, , i , w '0' Defendant , w '.' .' W '.' DECREE IN DIVORCE AND NOW~~.'J,,~..... 19~':1... it is ordered and $ ~ '.' ~l .. ~ I, W '0' decreed that..... ..q~:~.~: .~\':I!'';I~............................ plaintiff, and. . . . 0 . . . . 0 . . . . . . .S.t.ep.h,a.n.i.e. .A... ,H.e.r.m.a.". . . . . . . 0 . . . . . . .0. . . 0 . '. defendant, are divorced from the bonds of matrimony. w ~ W ~.# ~ '0' ~ '.' 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; ." ~ ~ ~ ". ~ ...... ~~.~~~~~~ '~~~~~~&""""""""~"" .0... ," ~ Attest: r./'-'-;'f,,'II.'tUI!. /'0r?{..". ...77 L Prothonotary w ~.' n Y T h\. Co M .' ~ ~ ". ~ I. :~ ( 0 (:4: /-.- " ~ . " '1t.tfe. IIr.Jt ?i })~ /. {/f?s- . , , . CLARK D. HERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW v STEPHANIE A. HERMAN, Defendant 94-2484 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section. ) 2. Date and manner of service of the Complaint: May 12, 1994 - First class mail - postage prepaid, upon Defendant's attorney, Keith B. DeArmond, Esquire. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 11/30/94 . , by Defendant 11/26/94 (b) ( 1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: . , (2) Date of service of the Plaintiff's affidavit upon the Defendant: . 4. Related claims pending: No claims pending. ... ~ . , , 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: N/A . Houston, Esqu re Plaintiff .. ":.~,~"-:';;-""<:"""'~" ','.., """\ ;~. ..,~ r~"" ft. \' ~, l ~ . "' ""'.... --. ~ f ~'..- IF-C'!,",',;l;:*tr.:""'~~~'~ ~',-~, ,.,i ,'. ,.~ ,~ ;,~~?~~,;,~,,:<~ -4# 'i--~~ ". ;", ..,,' ,;' )';:';:\/'.'i,;:/. '~. ,,~;E?;~~~~JM;:l~~~h;~(~tlf~~4?4~~~(~~;'" .:.;j_~ii" " ~, . ,.~, ......" -'~'- .', Dee ZO II 30 un '9~ :l::FICJ: nr"";IL :' -"~'~r'J~''';'''\;-Y ~ ,,_ . ',.' I,..,f"-.J,~!'\ Ct:).n;Ef'.l }.HO :;r'UhT'r rdi'i$y'_,Mill ,--, .,' ,~ ,1::.; . '. ~ ,.' ,... "..~ ~I "I .i' .' " ~'. ~ i;... :!-, ... "'~ ... ,;) :J-. HIlf to 'to' ,1 'lI '" .' ..{ ,~ ; - o:t -"'-,,";:;-":"'''-,-,~'-~- '~ - t tl~ :.....'r,.,' ,. .:,;.~~~ .,-". " CLARK D. HERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v : CIVIL ACTION - LAW : No.q4-~'+8"1.f T~ CIVIL 1934 STEPHANIE A. HERMAN Defendant . . . . : 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, yocr may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 . " II '. CLARK D. HERMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I v . 94-2484 CIVIL TERM . I STEPHANIE A. HBRMAN, I Defendant . IN DIVORCE . AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the attorney for the Defendant, Keith B. DeArmond, Esquire, by first class mail, postage prepaid, a copy of Acceptance of Service evidencing service being attached Said service on May 12, 1994. hereto. .../;., -4 / / r Chr1stopher C. H on, Esqu1re Attorney for Plaintiff Broujos, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed to b f h' ,~~ e ore me t 1S I 'I day of _~~ '- (rnb..L.... 1994 , . ~. . -3. "'~(.'4 ~~ary Publi'c - v .... '.',;~-,~l Sf'1. l ....." .. . . ..".. ~. r ,II (~,. NlJ1AP.Yrl':' .~ ( , LI,O,iSl(, CU~'O(p.LI'm c" . '. " I .' ~Il"''''~'''''':iYfl:~~~)f.''~~''! ~', :'. I . . "00- _.___._... " . - -- ", II ., CLARK D. HERMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUlofBERLAND COUNTY, PENNSYLVANIA . I V I 94-2484 CIVIL TERM : STEPHANIE A. HERMAN, : IN DIVORCE Plaintiff : ACCBPTANCB OF SBRVICB I, Keith B. DeArmond, Esquire, accept service of the Divorce Complaint in the above-captioned matter on behalf of my client, Stephanie A. Herman and certify that I am authorized to do so. 5;;2. A4 DArrg I ~ CJJ~ ~ E TH . ~eARMO D ;-ESQUIRE Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717 - 730-9394 -;',- ~ . .. CLARK D. HERMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V : CIVIL DIVISION - LAW . . STEPHANIE A. HERMAN, . 94-2484 CIVIL TERM . Defendant . . I IN DIVORCE AFFIDAVIT OP' CONSEN'l' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 11, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that if a c1ailll for alimony, alimony pendente lite, marital property or counsel fees or expenses hac not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I understand that I may request marriage counseling and I hereby waive any right to marriage counseling which is afforded me under the law. I verify that the statements made in this affidavit are true and correct. I understand that falBe statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 r.elating to unsworn falsificat'on to authoritil!s. DATE: \. S~~(~e- . A ai/ m/lA1 STEP IE A. HERMAN '~ ,~ ':;!" .~, -." ";" <~l,?-t';l'~- ,,', ., - ~ j- > .' ,'. " ",l) ., .;, :~:~ . """.'~,~ , ,'H. ;' " "(~y_:- - "~- 'Ii,' " f~\e, ".. ".,. ~'~',.'~!:"" , ,~ ~,'-'j 7 .-: . ':~~S;,t:;. . ~ i::~~ ",.';.., '.~' " , ',' '\-:' _/$: ," ~ ' .:t ."J' f: '-'. ,j I ,,,,,,^,,,,, ," , ~l I' lot:. ~ Z;:, ~1 't:1 ~~, .' "" '\1:1 " ~,,$,,:~' ~ ,r.. ~~ ')~, .~:: '2, ., " ,"'.. .,~ ... , ,; =;~'e. .,_ ,~,'t:i, "-~_v ~.'r."" '._:,'\. ,'j. :"'" :.) ~. ~,... -"4 '~ ;'7 - '# '~;.~ lc, . ", ,,;'~~;"~.;~i~lf ~!.i,~ ..,j,~~, A.,;~~;~,~;;l~,~"i, L ~< ,V,,",'" -'~ ~,.,,' .-,",,-",'''' _"_~,~.t~_,,,....,,,,,,,,,-,....,,..,~" '....."""Pl'j =->~=-; !,....,. ~.;.'_ .0'.> "-.' ......,..,~....."'-"'... ~l<-~.... .,., , i '. . , , W ,-I li,> , , ~ " , . '!' ~; , ;l! j,;- ')t. " .' , t[, .. I' <' " t }:', :j. + to, ! , " ,. , \-,' ,~, 'Q~Q zn U 3QA~"~ ,.<.1':: "!if. or ,I,:. 'l(,1:10ll~l'AII\ ., GUI-1!)FC~~t' ~t-I1~\'~ hIiNSYl..I,~I~ r'j -z.. \::-- .i ,'..J, ., ~~' .' '..-' " ,', :;r -~o~ .'-;, """ ',' '. ., ~'~ "':J~ ;:~ 1; ,. '.'" ~ <.1. , !:"o '} Of . \.; .' '~~ ' . ";' ., ,. ",~ :1 ., e' ,; '. -,. i' . .... " ." ii' ~~ -r""',-'T' t ~,':W'.rfi't1~f:~t':ti(t""~:"~''''~~1:T '''1~ ""1"1~' ~~1!~ 1...:.n - 1 - "j " . " '" - . _.t, ?i" J. '-----. .-- ..,' '~ '''~' <". ~~_'r"". " I ., '--' 'u " ,<, , ~'" ",,,, ~::~,'~f" , m ~ . ."'" t:{~~~::;, ::-\:J;i~' t. " ,<_r,"- --', ..?:~' '"C:i~1r:,:>,:, :'('_:-~;i!;~: '~'I' , '.~', Lr,,-'~<;, ~ ~ 1; ;~ ~....~. ',.!" - ',': ;.' '--~'",'" ," . . ,.-,_:, ~" :-, ',~:~~ai:\:~-~~~,.. ",' ., "'I, ,~v '., ".,.., ," r .'. ~. Iii" f" M i~; Ii ". <;~~~Jr~ 'I .~ .. '- .-,.;~-~ ~~~/,'~ "~i:-,tt~--. ~. . ,,\ .' ~.~ - "'I ~"_i,1" ~" ' " -.,-..;- . ~);.'" ~~,~~:~>_',>-,l .,.. .... -~ :~1:,~'- ;;~~, ,'~> . \' " :i:~;' ,\}.~ ~' ,'," ,,' '" " ,'Y :;',-,~~' :'~, ;, --~,' ~l.,: ,~,!,j;" ' "':~"\"~~~ ,,' , , ~ ,!;t~~ --e',<;- \1": '.' "..~',~ . f~t '1'''- to,} '} -,<~~ ,,',..~ ". >:,tf.i,-~l "jlt; " ; __'.;JI< '~ r . ,;,;, , ~~ .i~ ~~ , " -,~~ . <<, ;'.\" ,H.; t~~f ....1 :~H : ~ '"':':;, ::,: , ,,' ,-,1 ',.j 0;.,'. ,1' ';~,~~, :~~' ~' ",-,,' ,'i,' ~: ''',t'!;;,'' ,'iill ':/ r.~ );'f '.) 1 " , ~i 'n \ ,. , ::'~1i "S,L' .~~ ~~~ :f';-~ d't " ,.: .,.-... --,'; ~-,~ '" ~~'I t't:" .- r;f, " ';f';t ~'; l~~ ~ , C:'lf \0..-." :~',; ""~ t<1! ~.1; !:< ~:~ "'; .' ..... ~ ~. ~ .~; ~' ~ '", ,.. ,~ .' t~ "h~_ ..;,' i"i "'"' ,. ?:~ ,"'~ /; "t:' 112S :." '9~ 'n ., -;: ~EC 1.0 ", ,", ';1 .' ~': n: ? ,t;; , . .~ '~,~Fl'IC~l . Of 'lie "~~T1I~Non"'1 GUI~e,EnllHO OI';JHfY .P!:H'i~YlV~twl~ .' . , .., " , '_ ~~.v - ~.; tf , . ,.-,n'- '.~!,:~~- P~-,~~l, , "';, i,~ ; \ 1'~ :.~ J ...: , ,<(,:~: ,~\ :" ',,' , ;>1'''' 0," '1";< " ".' ,"r' , -' ," ~I: h'-;.? ,ri1' .,./ " . , .-1" ~ ,;" .. ~ , ,~ 't;'-'- '$; ~:~ ,...< , :'~,_~ ,l'~ ',~ ~,~ ! t,;. " .1 ':>.',t. ;\ " "", ..; ?: . :<., :,',.~ "t'''' .- , !,: r~', '" Ji':) !'. ';\,'" ~' j >: " .;, " ., , ,'~ ,,' " ," "' .' " " ';-f , , '~ ~ ,', '. -;." ,. " ~1 .:i ~;:;.~ ,-,!, " '" ". ,-,~ ,,") o " ....' r-: ;~ ...~ ~'t >, , ",". " ~ , . . s' to ... '" - . ,.'--" J l,l :::1 {~~; " 11 " I. I , 1 " '.'. . ~-., <'~ r :"'."" /~~~' 'A:~,:~t ~,.,.', ' ;:(~'-i- "q:"~ . , ~}.r\~, ;, \,;" ,~'->":" ' , {- ,:':~, "-;" , , ^ . ~.~- I' v I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA : I : : CIVIL ACTION - LAW ,-- If V' "\ NO. '!t(- ~ ~6 c; CIVIL IJD CLARK D. HERMAN, Plaintiff STEPHANIE A. HERMAN, Defendant o R D E R AND NOW, this \"1" day of M....y, 1994, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Samuel L. Andes, Esquire, the conciliator, at 525 South 12th Street, Lemoyne, PA, on the J16t" day of T.... nr. , 1994, at ~ P..H. , for a 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. For the Court, 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. Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 717 - 240-6200 ti~l /3 10 Ij2 rld '9~ "t;,;t ..' ~ ~ r, l . "", .r"'" ,I l'i.f "Jolt During the past five years, the children have resided with the following persons and at the following addresses: Person Clark D. Herman, Stephanie A. Herman and Ann Marie Rencevicz Clark D. Herman, Stephanie A. Herman and Ann Marie Rencevicz Address Dates 119 Peach Lane, Carlisle, PA 12/6/90 - 2/93 242 Redwood Lane, Carlisle, PA 2/93 to 1/94 1/94 to 4/19/94 Clark D. Herman and 242 Redwood Lane, Carlisle, PA Stephanie A. Herman Ann Marie Rencevicz, Sandy Miller, Julie Van Broklin, David John Van Broklin, Jonathan Lee Van Broklin Stephanie A. Herman, Ann Marie Rencevicz Sandy Miller, Julie Van Broklin, David John Van Broklin, Jonathan Lee Van Broklin Stephanie A. Herman, Ann Marie Rencevicz, Sandy Miller, Julie Van Broklin, David John Van Broklin, Jonathan Lee Van Broklin, Glenn Shade Stephanie A. Herman, Ann Marie Rencevicz and Glenn Shade 242 Redwood Lane, Carlisle, PA 4/19/94- 4/24/94 242 Redwood Lane, Carlisle, PA 4/24/94- 5/2/94 242 Redwood Lane, Carlisle, PA 5/2/94- Present The mother of the children is Stephanie A. Herman, currently residing at 242 Redwood Lane, Carlisle, PA. She is married. " " The father of the children is Clark D. Herman, currently residinq at 215 Birch Lane, Carlisle, PA. He is married. 4 The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: ~ Shirley G. Herman and Norman M. Herman Relationship Father and Mother 5 The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship Glen Shade Ann Marie Rencevicz Ashley Christine Herman Alissa Nicole Herman Boyfriend Daughter Daughter Daughter 6 The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 7 Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 8 Plaintiff does not know of a person not a party to the proceedinqs " '. who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9 The Plaintiff seeks custody of the children, as fo110wsI A. The parties shall have shared legal custody of the children. B. The Plaintiff shall have primary physical custody of the children. C. The Defendant shall have periods of partial physical custody on alternating weekends, as well as such other times as the parties can agree. 10 Each parent who has parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the children. Chr1sto h r C. ouston, Esqu re Attorney for P ff Broujos, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 '. .. '. I verify that the statements in the foregoing pleading 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. ctJ- ~, ~/U' CLARK D. HERMAN ~ ~ ''::)-.. "- '-..., (..) '" lJ) t ~ ~ ~ "- II;:) "- "'It- ~ 1t, "t.. ~ () ~ () () l.0 ~ ~ ... .- CLARK D, HBRMAN, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs, ) ) NO, 94-2484 CIVIL TBRM STBPHANIB A. HBRMAN, ) Defendant ) CUSTODY ORDER AND NOll, this '::n~ day of ~o \J~I' I I !conciliator's report, it appearing that the parties have agreed to the terms and I provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 'I II 1. II 1990, and Alissa Nicole Herman, born February 22, 1993, shall be shared by their II i parents, the Plaintiff, Clark D, Herman, and the Defendant, Stephanie A, Herman, I 2, i I mother, Stephanie A, Herman, I II 3, The father of the children, Clark D, Herman, shall have and enjoy the " 1994, upon receipt of the Legal custody of the minor children, Ashley Christine Herman, born December 6, Primary physical custody of the minor children is hereby awarded to their following periods of temporary or partial custody of both children: A, Alternating weekends, from Friday at 5:30 p,m. until Sunday at 5:30 p,m" commencing on Friday, August 5, 1994. B, Bvery Thursday evening from 5:30 p,m, until 7:30 p,m, I I C. The fOllowing holidays, on an alternating basis, from 9:00 a.m. i I' until 5:30 p,m,: Labor Day, Thanksgiving Day, Presidents Day, Memorial Day, I i and Independence Day, The schedule will start with the father having the children on Labor Day of 1994 and will alternate thereafter, On the "c","-'~'^.."., " , AUG 23 , 9 '149 AM '9~' , ' 'f:l' ',. , J; f1CE I!; ':,: '.' IHC.N~HhY CUMorn.A~~C"VSTY ;".[~W S,. i. '. ,\\(1,\ I", , ','i;;l .. t" " I, .' c, ~, !! . " . " 0' ., " , ..1" ,; .-: " , , '. ':. .' ' I, " - '. ~ . II , ~ occasions when the father's scheduled holiday falls adjacent to his weekend time with the children, the weekend will expand to include the holiday for a three-day period, D. On Father's Day each year from 9:00 a,m, until 5:30 p,m, In exchange for that, notwithstanding the other provisions of this order. the children shall be with the mother on Mother's Day each year from 9:00 a,m, until 5:30 p,m, E, Over the Christmas holiday each year as follows: (i) In even-numbered years, the father shall have the children from 3:30 p,m, on December 23rd until 3:30 p.m, on December 25th and the mother, notwithstanding the other provisions of this order, shall have the children from 3:30 p,m, on December 25th until 3:30 p,m, on December 27th. (ii) In odd-numbered years, the mother shall have the children, notwithstanding the other provisions of this order. from 3:30 p,m, on December 23rd until 3:30 p.m, on December 25th and the father shall have the children from 3:30 p,m, on December 25th until 3:30 p,m. on December 27th, F, One full week each summer on thirty (30) days' advance notice to the mother, in writing, G, Each of the parties shall be responsible to see that the children are properly protected by child safety seats or other restraint systems at all times that they are transported in a motor vehicle. Neither party shall make or tolerate disparaging remarks about the other parent to the children 2 .,,.;. " , - or in the presence of the children. The parties will cooperate to see that each of the parties have as healthy and normal a relationship with the children as can reasonably be accomplished. 4, All exchanges of custody pursuant to this order shall be made by the parties at the Uni-Hart store on the Carlisle Pike in New Kingston. Pennsylvania, The parties may change the exchange point by mutual agreement. Unless they agree mutually to some other point, however. all exchanges will take place at the Uni-Hart store, By the Court, / / / ~ . V11l>>\ /' -~t== 4l v l J, Christopher C, Houston, EsqUir] Attorney for Plaintiff t'hfUU- ",/fU.2.,( -;:: ~1Ir~JJ3Iq'f I Keith B, DeArmond, Esquire 0--- ~' 1~ Attorney for Defendant sla 3 .... CLARK D. HBRMAN, ) IN THB COURT OF COHHON Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2484 CIVIL TBRM STBPHANIB A. HERMAN, ) Defendant ) CUSTODY JUDGB PRBVIOUSLY ASSIGNED: None CONCILIATOR CONl'BRENCB SUHHAJI.Y REPORT IN ACCORDANCB WITH CUHBBRLAND COUNTY RULB OF CIVIL PROCBDURB 19l5.3-8(b), the undersigned Custody Conciliator submits the fOllowing report: 1, The pertinent information concerning the children who are the sUbject of this litigation is as follows: NAHB Ashley Christine Herman Alissa Nicole Herman BIRTHDATB CURRBNTLY IN CUSTODY OF 6 December 1990 22 February 1993 Defendant/Hother Defendant/Hother 2, A Conciliation Conference was held on 2 August 1994 and the following individuals were present: the Plaintiff and his attorney, Christopher C. Houston, I :1 Bsquire; the Defendant and her attorney, Keith B, DeArmond, Bsquire, I' 3, The parties quickly reached an agreement which, basically, continued the ;i schedule they had in effect prior to the conference. The attached order was dictated , in their presence and approved by them and their attorneys and, with the entry of that i ': order. no further action is necessary, " ,I I I! 16 August 1994 ~ Samuel L, Andes Custody Conciliator . I I I : AU B 1 8 1994 ! d,v! CLARK D, HBRMAN, ) IN THB COURT OF COHHON Plaintiff ) PLBAS OF CUHBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO, 94-2484 CIVIL TERM STBPHANIE A. HERHAN, ) Defendant ) CUSTODY JUDGE PRBVIOUSLY ASSIGNED: None CONCILIATOR CONFBllBNCB SUHKAIlY REPORT IN ACCORDANCE WITH CUHBBRLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the sUbject of this litigation is as follows: NAHE BIRTHDATE CURRENTLY IN CUSTODY OF Ashley Christine Herman Alissa Nicole Herman 6 December 1990 22 February 1993 Defendant/Hother Defendant/Hother 2, A Conciliation Conference was held on 2 August 1994 and the following individuals were present: the Plaintiff and his attorney, Christopher C, Houston, Esquire; the Defendant and her attorney, Keith B, DeArmond, Esquire, 3, The parties quickly reached an agreement which, basically, continued the schedule they had in effect prior to the conference, The attached order was dictated in their presence and approved by them and their attorneys and, with the entry of that order, no further action is necessary. 16 August 1994 ~ Samuel L, Andes Custody Conciliator CLARK D, HERMAN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEPHANIE A. SHADE, (formerly Stephanie A. Herman) , No, 94-2484 CIVIL TERM Defendant ORDER OF COURT AND NOW, this:1.'1 day of \~~e('\"\~~r , 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Ie.. e \, ',"~' , the conciliator, at .." ' \ \.' . \ A on ""-"'>N:..\ \ the day of , 199 , at. P,M" for a Pre-Hearing Custody Con erence, At such con erence, 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, FOR THE COURT, BY: rnl~_J.~, 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, SAIDIS, GUIDO, SHUFF & MAS LAND 26 W. High 51,..l ClIlli,le,PA 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, Cumberland County Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 C Fir P'I .()~" F T'. ..... ':. -( in-(';: , . I .'....., ,VI. , '. ," . jTAFiY 97 "n" '>, , ), r. 'I "j'(", . I (~. 1 n CUI,;:, W "',-':':, , . . P'':\ '..: . ....: ,",l-V ~".,...,..;j\"': ,'."..J I ." ,'\ Ilal/~? &d t~ A'~ '"1 ~ ~1 /ldV~7 j.~'c...~~ 4 d~_ jt<Al4? ~ ~..<.... //)/. 9(}:-}r~ . ;., 0' r ~.~ v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLARK D, HERMAN, Plaintiff STEPHANIE A. SHADE, (formerly Stephanie A, Herman) , No. 94-2484 CIVIL TERM Defendant COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff Clark D, Herman, by and through his attorneys Saidis, Guido, Shuff & Masland and respectfully avers the following: 1. The Plaintiff is Clark D, Herman, an adult individual residing at 5 South Spruce Lane, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant is Stephanie A, Shade (formerly Stephanie A. Herman), an adult individual residing at 13 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiff seeks custody of the following children: Name Present Residence Agg 12/6/90 Ashley Christine Herman 13 Buttonwood Lane Carlisle, PA 17013 Alissa Nicole Herman 13 Buttonwood Lane Carlisle, PA 17013 The children were not born out of wedlock, 2/22/93 SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Slrec' Cllllisle.PA The children are presently in the custody of the Defendant, Stephanie A, Shade (formerly Stephanie A, Herman), who resides at 13 Buttonwood Lane, Carlisle, Pennsylvania 17013, During the past five years, the children have resided with the following persons and at the following addresses: Persons Clark D. Herman, Stephanie A. Shade & Ann Marie Rencevicz Clark D, Herman, Stephanie A. Shade & Ann Marie Rencevicz Stephanie A, Shade, Ann Marie Rencevicz, Sandy Miller, Julie Van Broklin, David John Van Broklin, Jonathan Lee Van Broklin & Glenn Shade Stephanie A, Shade, Ann Marie Rencevicz & Glenn Shade Stephanie A, Shade, Ann Marie Rencevicz & Glenn Shade Addresses Dates 119 Peach Lane Carlisle, PA 17013 12/6/90 to 2/93 242 Redwood Lane Carlisle, PA 17013 2/93 to 4/94 242 Redwood Lane Carlisle, PA 17013 4/94 to 5/94 242 Redwood Lane Carlisle, PA 17013 5/2/94 to 7/94 13 Buttonwood Lane Carlisle, PA 17013 7/94 to the Present The mother of the children is the Defendant, currently residing at 13 Buttonwood Lane, Carlisle, Pennsylvania 17013. She is married. The father of the children is the Plaintiff, currently residing at 5 South Spruce Lane, Carlisle, Pennsylvania 17013. He is married. SAIDIS, GUIDO, SHUFF & MASLAND 26 W, High s....t Cull.le, PA 4, The relationship of Plaintiff to the children is that of father, The Plaintiff currently resides with the following persons: ~ Relationshic Wife Rebecca M, Herman 5, The relationship of Defendant to the children is that of mother, The Defendant currently resides with the following persons: ~ Relationshic Glenn Shade Ann Marie Rencevicz Ashley Christine Herman Alissa Nicole Herman Husband Daughter Daughter Daughter 6. A Custody Order had been previously entered on August 22, 1994, attached as Exhibit "A", 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have 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 children will be given notice of the pendency of this action and the right to intervene: N/A, SAIDIS, GUIDO, SHUFF & MAS LAND 26 W, High 51""'1 Carll. I., PA B. Plaintiff seeks custody of the children as follows: (a) The parties shall have shared legal custody of the children; and (b) The parties shall share equally and physical custody of the children, on an alternating-week basis, WHEREFORE, Plaintiff requests the court to grant him custody of the children. Respectfully submitted, Dated: J 1- Il(' 9?- MAS LAND Joh 26 Attorney for the Plaintiff SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Slreel C.liisle, PA CLARX D, HERMAN , ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2484 CIVIL TERM STEPHANIE A, HEllHAN, ) Defendant ) CUSTODY ORDER AND NOll, this ~~IV( day of dl.'f!LJ.,t ' 1994. upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and "provisions of this order vhich vas dictated in their presence and approved by them and their counsel, we hereby order as follows: , 1, Legal custody of the minor children, Ashley Christine Herman, born December 6, " !! 1990, and Alissa Nicole Herman, born Februar" 22, 1993. shall be shared by their 'I · 1: parents, the Plaintiff. Clark D, Herman. and the Defendant. Stephanie A. Herman. I, II " " 2. Primary physical custody of the minor children is hereby awarded to their ;" mother, Stephanie A. Herman, ii 3. The father of the children. Clark D. Herman. shall have and enjoy the " , following periods of temporary or partial custody of both children: A, Alternating weekends, from Friday at 5:30 p,m. until Sunday at 5:30 jl , " p.m., commencing on Priday. August 5, 1994. B. Every Thursday evening from 5:30 p.m, until 7:30 p,m. .- , C. The following holidays, on an alternating basis, from 9:00 a.m. until 5:30 p,m.: Labor Day. Thanksgiving Day. Presidents Day, Memorial Day. i: " 11 I' ,I ; ~ 1 and Independence Day, The schedule will start vith the father having the , . children on Labor Day of 1994 and will alternate thereafter. On the , " ~~i(;(/ n "IJ , 'I '. :" occasions when the father's scheduled holiday falls adjacent to his weekend time with the children, the weekend will expand to include the holiday for a three-day p~riod. D. On Father's Day each year from 9:00 a.m, until 5:30 p.m. In exchange for that, notwithstanding the other provisions of this order, the children shall be with the mother on Mother's Day each year from 9:00 a,m, until 5:30 p,m. Ii I' ,I I; I I I Ii !I " ii Ii II E. Over the Christmas holiday each year as follows: (i) In even-numbered years, the father shall have the children from 3:30 p.m. on December 23rd until 3:30 p.m. on December 25th and the mother, notwithstanding the other provisions of this order, shall have the children from 3:30 p.m. on December 25th until 3:30 p,m. on December 27th, (ii) In odd-numbered years, the mother shall have the children, notwithstanding the other provisions of this order, from " 3:30 p.m. on December 23rd until 3:30 p,m, on December 25th and the father shall have the children from 3:30 p.m. on December 25th until 3:30 p.m, on December 27th. F. One full week each summer on thirty (30) days' advance notice to the mother, in writing, G. Each of the parties shall be responsible to see that the children are properly protected by child safety seats or other restraint systems at " " " ., II :1 all times that they are transported in a motor vehicf~' Neither party shall make or tolerate disparaging remarks about the other parent to the children i: 11 I t t '1'11111 & ..r ", ,'. i \ ('I.' I .' , rl/) C Ii Ii I) 1 ' , ~' :,#fJ (_ )' t/r' ,." \.0, '. ,. \0./", 1~"11''',\. "I""" I' ", ,-'('\ " .- ....-\n 'IOV~~ 'c"",,,,, I\I'~.:---"'-i;~ 't:" ~c~~~.~(.:-'~ ~,T' .\ o,f 1 /" / ,~ W111'I' ~<> <) I, ! 11i.k?~ ,5 ~(}r . uJ'i-' \,,1.)') '( -r; '7'-' .J;J,^\ .) r;'j;.l.L\"" .-:-. . "'10 IiI' 01 __ I '10'" .--' or in-theJ~~~~oe-of-t1le children. The parties will cooperate to see that ea h of the parties have as healthy and normal a relationship with the , 'r)') CI('~'~ I' ~" c 1dren as can reasonably be accomplished. '--"-"" 4., All eXChange~f custody pursuant to this order shall be made by the parties at the ~~rl the Carlisle Pike in New Kingston, Pennsylvania. The parties may change the exchange point by mutual agreement. Unless they agree mutually to some other point, however, all exchanges will take place at the Uni-Mart store. By the Court, IY 1.111. ~~~ t .1;u:c t!t-L # J. 'I Christopher C. Houston, Esquire Attorney for Plaintiff I I'Keith B. DeArmond, Esquire Attorney for Defendant I (pl..r\~\' A.(l,IS'i.\) -ro.) f{lI\V\ IOI\."",.,.,CI\I'''',~S ~ .5 ~ L f.\....., \<'\ ,''', LoT - ~~.. (I) C~f\<'ij\.. p'{'/:"-'t rOI/'-r T6 ("""",'1 .~\.\,,,,,'- 1.1..11,..1 O' ~\'1,$tl) O,...l P,)c.!,.....~~ I. (-:;1 I, r.. I' J"-) - ." N"1,,;,""I:"N ',1\ ,'. ..', \ n:.,' 'vi:> ,', ','~ ....c;tb:1-T.) O;tl('''t':\~ \.....-. ",X,,"', S:~" ,,, .,:r:." RUE COPY FROM RECORD \ \ L ,,".""It '1 \ ~, v. T h OA..I 1 1\C'r" unto set my hand $.1".\, 1"'1"'-' _ InTest!m1Jnyw e"",H" .w" ," no, (TJ,"~ I!'\""\."\")I ,',<"tJ d-"e ~"'31 01 :;aId CoU\:l at l,a~lIsll', 1;11, an III ~. I.l 10.' J.3tV( da c,' ,L(. '. ". . I -Ii . . I l, .; (.,,\ ^ T" C \.....,-''1":.. ~, ,"[,1; t, ~ '" c- oj to J..\. - '-\\-0-.. l'-' ~;. '1 \, '. C. """;'\, t,"' \,..'\.\, lV. I I..... ~.... rl.~f"\. ~i,'''' \)..~ , "7 ~. '.r:IJ1)r.V..-'U ,)..-:)0 \,." I: " i I ! , , j: sla i, ~\;;. ': ~....)-~:':\'. - ~ ..~ r ..........' ..' ,;;:"_,__~.-", ",> ~'._.:>' _.~;-' ,:< :~<'-";:~'-.i".':'t._:.;.,_-:,,*~, .-.<.,/,~Tk:Ai~'j~~\ '{~'-,~Wl..",,~:t.i:. ...{~;:~'1i'''4fh~ ,,.,~j:, ~\i,ft;:~)'-~";';~;ht.i(.~ ~. - ~-,:,.....:.'.--,,-..-..,~,( . -' -.. ",,,-,-'~'----""---'.,. - ~...~~- " ALEl}QmcE OF THE fi\I)THCNOi;"qy ..;~> \'.-.! 91 NO\' \ 1 ~ra II: 5 S CUMB[Rli":'~D COiJI-.rN PENNSY\,Y/INIA ;--"< " H :;., " LS ,..,., ~\ -.:.>- ~:' ..; :-:-' ;Co' ". ~ '':"''. n '-'-~._'-~-- .r--~- ""-~::-,~~,- '~'.~""; - . to " '" - ........-, r:;J::j"C: :'I::~ c.-: ' '''; ,,~,.~! ;l'{ 98 J"~ 2u .. '10 2f) 11.1' .... C'''' V.I. :,J r:>::- :::'; U,::,,';' '\ ~jY CLARK D, HERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, ) ) ) ) ) ) ) ) CIVIL ACTION - LAW NO, 94-2484 CIVIL TERM STEPHANIE A, SHADE (formerly Stephanie A. Herman), Defendant JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E, Sheely, P.J, CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 5,3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Ashley Christine Herman Alissa Nicole Herman Defendant Defendant December 6, 1990 February 22, 1993 2, A Conciliation Conference was held on January 15, 1998, and the following individuals were present: the Plaintiff and his attorney, Johnna J, Deily, Esquire; the Defendant appeared with her attorney, Charles Rector, Esquire, 3, Items resolved by agreement: See attached Order, 4, Issues yet to be resolved: See attached Order, 5, The Plaintiff's position on custody is as follows: See allached Order, 6, The Defendant's position on custody is as follows: See attached Order, . 7. Need for separate counsel to represent child(ren): Neither party requested, 8, Need for independent psychological evaluation or counseling: See attached Order, 9, Other matters or comments: The parties arc to reconvene for another custody conciliation conference before Michacl L, Bangs, Esquire, on Thursday, April 30, 1998, at 9:00 a,m, Date: January \9, \998 Michael L, Bangs Custody Conciliator ,;, . "." '1.' . '..1I c: 1 "ll~ - i /'11',' IC): no ..I f--...ol .... _ e,:, '.,. ", i",'.. '1)' .....".~-, '_.. I \"\'<';'\ FEj\~I\~~)'L\"\~' \.'; vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CLARK D, HERMAN. PlaintilT CIVIL ACTION - LAW STEPHANIE A, SHADE (fonnerly Stephanie A, Hennan), Defendant NO, 94-2484 CIVIL TERM JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E, Sheely, P,J, CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 5,3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent infonnation concerning the child(ren) who is(arc) the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Ashley Christine Hennan Alissa Nicole Hennan December 6, 1990 February 22, 1993 Defendant Defendant 2, A Conciliation Conference was held on July 23, 1998, and the following individuals were present: the PlaintilTand his attorney, Mark W. Allshouse, Esquire; the Defendant appeared with her attorney, Thomas D, Gould, Esquire, 3, Items resolved by agreement: See attached Order, 4, Issues yet to be resolved: See attached Order, 5, The Plaintiffs position on custody is as follows: See attached Order, 6, The Defendant's position on custody is as tollows: See attached Order, , , , 7. Need for separate counsel to represent child(ren): Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, Date: July 28, 1998 Michael L. Bangs Custody Conciliator .J~ '6~O\ 0."",<<. <:,-,,,,,~',<4 JUL 2 7 200t!J.l) CLARK D, HERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : CIVIL ACTION - LAW STEPHANIE A. SHADE, Defendant : NO, 94-2484 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW,this -19 day of br./J.S+- ,2001, upon consideration of the attached Custody Conciliation Report, i; i~b}:dered and directed as follows: I. A Hearing is scheduled in Court Room No, d. of the Cumberland County Co~rt House, on the \~1- day of~ ,2001, at I " ~c) o'clock, L,M, , at which time testimony will be taken on the Petition for Civil Contempt and Modification of Custody Order, For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2, Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 3, 1998, shall continue in effect with the following additional provision, 3, The parties shall share transportation such that ollly the parties shall transport the children, Said exchanges shall take place at the Plainfield Sheetz, The parties' respective spouses shall not accompany the parties during the exchange. Thomas S, Diehl, Esquire, for Father Diane Q, RadclilT, Esquire, for Mother / ! ~'"':< ~i -.. ~ ',." \" .,'1 r ~ . - I"~ .11 \./;,. , . \ , . ~ .. ...~ " -.. .- JUl 27 2DDlfJIJ CLARK D, HERMAN. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBEltLAND COUNTY.PENNSYLV ANIA v, : CIVIL ACTION . LAW STEPHANIE A, SHADE, Defendant : NO, 94-2484 CIVIL TERM : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent infomlation concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF DlRTH CURRENTLY IN CUSTODY OF Ashley Christine Hennan Alissa Nicole Herman December 6, 1990 February 22, 1993 Mother Mother 2, A Conciliation Conference was held July 25, 2001 with the following individuals in attendance: The Father, Clark D, Hennan, with his counsel, Thomas S, Diehl, Esquire, and the Mother, Stephanie A, Shade, with her counsel, Diane G, Radcliff, Esquire, 3, The Court previously entered an Order dated August 3, 1998 by agreement of the parties at a Conciliation Conference, Said Order provides for shared legal and primary physical custody in Mother, Father has physical custody three consecutive weekends, Mother has one weekend then Father has three consecutive weekends, In the summer, the parents alternate custody weekly, Another provision of the Order requires the parents to transport the children to their scheduled activities, Mother resides in Carlisle; Father resides in Shippensburg, 4, Order, Father has filed a Petition for Civil Contempt and Modification of Custody 5, Father's position on the Contempt petition is that he was denied numerous weekends because the children had scheduled gymnastics activities, Mother claims he ^ 6,21,Ol,Shade, praecipe to Enter Appearance CLARK D, HERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1994-2484 CIVIL TERM STEPHANIE A, SHADE, CIVIL ACTION - LAW (formerly Stephanie A, Herman): Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Stephanie A, Shade, in the above captioned matter. Respectfully submitted, ~ / ESQUIRE Road A 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 Voice Mail: (717) 558-5518 I.D. No, 32112 Attorney for Defendant - 1 - CLARK D, HERMAN PLAINTIFF V, STEPHANIE A, SHADE DEFENDANT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2484 CIVIL ACTION LAW IN CUSTODY ORDER OF COlIRT AND NOW, Thursday, June 14, 2001 , upon consideration of the attached Complainl, il is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq, ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July II, 2001 at 10:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order, The court hereby directs the parlles to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to sehednled hearing, FOR TilE COURT. By: /5/ Jacqueline M. Vert/tO'. Esq. i 111 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oflice, 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 ATroRNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP, Cumberland County Bar Association 2 Liberty A venue Carlisle. Pennsylvania 17013 Telephone (717) 249-316(, '. I. d; ,I' I')~, ' , . '.... ."..... I .. ..> .-;~ CUi' '.' " , i\:'h\S~:I;ll"I-:,;Jjm loot\,\ "\ ~'/f.t7/ W' ~ /Ua.JlV $ 4 ;;JJ/ I/o/I'd/ l'ld~ 11-t~ Z, cIf;f' Ii'/( .#1 ('tPfZ7- ~ ~ ~ ~!o ~. )-- a ")- ..... ~ <\. 11 ~ \V ~. ..::- ~ 0- ..... O. ('- ." ..:J - ,..:: .. 8 - I.U(,? - ::::>~ f),. . - l)Z ~ .'.,: ~ _ i -- ...... Ui;t: :.,-- "<C 11 t"";-l 0-- $ .,"~ ( ..:. Cl;l :{-Vj 1'_;". I i~:~ ~; c:I. U, 1 :;0, ':--1(L) "Cr j': =.:J ;;)a.. -, .,. " -- 0 a .:5 u LAW O""'CES 0,. MISLITSKY AND DIEHL ONE WE8T HIGH STREET, SUITE 208 C""LlaLE. PENNSYLVANIA 17013 ., TCL..PHO".. '7171 240.01133 -FAX 17171 2.0-01103 iUf'! ' m , , '. '/iJO) rr ~ '. .. " CLARK D, lIERMAN, Pluintil1i'Petitioner : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 1994-2484 CIVIL TERM STEPHANIE A, SHADE (formerly Stephanie A, l'lerman), Defendant/Respondent : CIVIL ACTION - LA W : IN CUSTODY ORDER OF COURT AND NOW, this , upon consideration of the attuched Pelition it is hereby directed that the parties und their respeetive counsel appear before Esquire, the conciliator, at , Pennsylvania, on the day of 2001. ut AM.lP,M, for a Pre-Hearing Custody Conference, At such conlerence, an eflort 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 be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUI{ LA WYER 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 HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-910S CLARK D, IIERMAN. PlaintilTlPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 1994-2484 CIVIL TERM STEPHANIE A, SHADE (formerly Stephanie A, Hernlan). Defendant/Respondent : CIVIL ACTION - LA W : IN CUSTODY PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Clark D, Herman, by and through his legal counsel, Thomas S, Diehl, Esquire, who rcspectfully represents the following: I, The Petitioner is the above-named Plaintiff, Clark D, Herman. an adult individual currently residing at 451 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257, 2, The Respondent is the above-named Defendant. Stephanie A, Shade, an adult individual currently residing at 345 Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013, 3, The parties are the natural parents of the children, Ashley Christine Herman, born December 6, 1990; and Alissa Nicole Herman, born February 22, 1993, 4, The parties are subject to an Order of Court dated August 3, 1998, attached hereto and incorporated herein by reference as Exhibit' A', COUNT I - CONTEMPT 5, Paragraphs I through 4 are incorporated herein by reference, 6, Since the entry of the Court's Order of August 3, 1998. the children have primarily resided with the Mother, 7, Mother has routinely not pemlitled Father to exercise his periods of partial custody due to Mothcr indicllting that the children arc preoccupied with gymnastics and other extracurricular activities, 8, Mother has not released the children into Father's care contrary of the existing Court Order on the following dates: (a) Weekend of May 4, 200 I; (b) Weekend of May II. 2001; (c) Month of January 2001. except the weekend of January 26-January 28; (d) Month of February 2001, except the weekends of February 9-February II, and February 17-February 19: and (e) Month of March 2001, except the weekend of March 24-March 25, COUNT 11- MODIFICATION 9, Paragraphs I through 8 arc incorporated herein by reference, 10, Father has become aware that Mother's current husband. Glen Shade, has been inappropriately using corporal punishment to discipline the children to such an extent that the children are fearful of him, II, Father has become aware that Glen Shade also verbally abuses the children in a threatening and menacing fashion to such an extent that the children arc fearful of him, 12, Father has become aware that Glen Shade threatens to kill Plaintiff and PlaintitTs parents in front of the children, \3, Father has become aware that Glen Shade beats Defendant in front of the children, 14, Father has become aware that Defendant's house is unfit and unhealthy fo rthe children to live in, IS, The natural mother of the children is Stephanie A, Shade, She is married, 16, The natural father of the children is Clark D, Herman, He is married, 17, The relationship of the Petitioner to the children is that of natural father, The natural father currently resides with his wife and son, 18, The relationship of the Respondent to the children is that of natural mother, The natural mother currently resides with her husband and the children at issue, 19, The Petitioner is not currently participating as a party or as a witness in any other capacity in litigation concerning the children with the exception of the litigation specifically addressed above in this Petition, 20, The Petitioner has no information of a custody proceeding concerning the children pending in any other Court of this Commonwealth, 21. The Petitioner does not know of any person not a party to the proceedings who elaims to have custody or visitation rights with respect to the children, WHEREFORE, the Petitioner, Clark D, Herman, respectfully requests this Honorable Court to schedule a Custody Conciliation Conference to address the above issues, 1 Date: {O - ?-19L Respectfully submitted, C& Thomas S, Diehl, Esquire Supreme Court I.D, No, 78942 One West High Street. Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and corrccl. understand that false statements herein arc made subject to the penalties of I g Pn.C.S, ~ 4904, relating to unsworn falsification to authorities, ~~- ':?' LARK D. HE MAN, Petitioner vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CLARK D, HERMAN, Plaintiff CIVIL ACTION - LAW STEPHANIE A, SHADE (fonnerly Stephanie A, Hennan), Defendant NO, 94-2484 CIVIL TERM AND NOW, this ORDER 1v~ day of ~ 1IY- , 1998, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the tenns and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: I, All prior Orders entered in this case are vacated, 2, The parties shall share legal custody of their minor children, Ashley, d,o,b, December 6, 1990, and Alissa, d,o,b, February 22, 1993, 3, During the school year, Mother shall have primary physical custody of the minor children subject to periods of partial custody with Father as follows: A, Father shall have the children on a rotating basis such that he will have three weekends in a row, then one weekend for Mother, then Father will have three weekends in a row, and the schedule shall continue thereafter, This schedule shall be such that Father shall have the children on Friday when they arc released from school until Monday morning at which time he will be responsible to return them to school. .. ,0 B, Father shall have the children every Wednesday evening from after school until 7:00 p,m, 4, During the summer months, the parties shall alternate on a week-on, week-off basis, This alternating week-on, week-off schedule shall occur such that Father shall have the first full week beginning on the Friday after the children are released from school for the summer months, In addition, during this summer period of alternating custody, the non-custodial parent shall be entitled to a. visitation on Wednesday evening from 4:00 p,m, until 8:00 p,m, 5, The parties agree that they shall evenly share the major holidays, including the Christmas holiday, 6, Father shall have the children on Father's Day and Mother shall have the children on Mother's Day from 9:00 a,m, until 7:00 p,m, 7, The parties agree that they shall make sure that the children get to their scheduled activities when the children are in their custodial care, 8. Such other times as the parties may agree, BY THE COURT, / / / .- I ~~ J, Mark W, Allshouse, Esquire Thomas D, Gould, Esquire - C""J'~'" lM~~..( ~/'t{H ~ ,~, ) , mlb . . ~.1 CLARK D, HERMAN, PLAINTIFF V, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A, SHADE, DEFENDANT : 94-2484 CIVIL TERM ORDER OF COURT AND NOW, this ' ..2.11\. c!..... day of October, 2001, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Clark D, Herman and Stephanie A, Shade shall have shared legal custody of Ashley Herman, born December 6,1990, and Alissa Herman, born February 22,1993, (3) During summer school vacation periods, Ashley and Alissa shall be with their parents on an alternating week-on, week-off basis, (4) During the school year, the children shall live at their mother's residence, During every four-weekend cycle, the father shall have them three weekends in a row, then the mother one weekend, The father's weekends shall be from Friday after school until Sunday evening, (5) If the children are involved in outside activities on the weekends they are to be with their father during the school year, and the weeks they are to be with him during the summer, it shall be the father's decision of whether they attend those activities or are with him, (6) The parents shall share the major holidays, and the ThanksgiVing and Christmas holiday periods, The father shall always have the children on Father's Day and the mother shall always have them on Mother's Day, t:.... ..c..., (~ /w/ Edgar B, Bayf!;;J, Thomas S, Diehl, Esquire For Plaintiff Diane Radcliff, Esquire For Defendant I :saa \0,0 , ': I,' . . 'I'J , ! i,.l : .: ni " I ". C' :\L_ P", "I'; ;\Iff U.J;:....L.,.,... '.... .............., PENNSYLVA\;'A ~ 1 t1l VJ ,~d (~ ~ ~ J j ~ , . I : HAROLD I, IRWIN, III, I!IQUIRI! ATTORNBV ID NO, 2111120 3IOIT HIOH ITRBBT CARLIILB PA 17013 (717) 243-80110 ATTORNBV 'OR PLAINT'" CLARK D. HI!RMAN, Plaintiff : IN THI! COURT OF COMMON PLI!AS OF : CUMBI!RLAND COUNTY, PI!NNSYLVANIA . . Y. : CIVIL ACTION. LAW STI!PHANII! A. SHADI!, Defendant : NO. 94 - 2484 CIVIL TI!RM : IN CUSTODY snpULAnONANDAGREEMENT THIS STIPULATION AND AGREEMENT entered into this t.l ~ay of Ii...~~ ~. 2003, by and between CLARK D, HERMAN (hereinafter referred to as "Father") and STEPHANIE A, SHADE (hereinafter referred to as "Mother"), NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of two (2) children, namely, Ashley Herman (bom December 6, 1990) and Alissa Herman (born February 22, 1993); and WHEREAS, the parties hereto entered into a stipulation and agreement for the custody of the children which agreement was confirmed by Order of Court dated October 2, 2001, a copy of which Order is incorporated herein by reference and attached hereto as Exhibit "A"; and WHEREAS, the parties wish to enter into an agreement to modify their previous agreement as provided in said Order of Court, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and Intending to be legally bound, the parties hereto agree as follows: 1, The parties previous agreement and the October 2, 2001 Order of Court shall continue in full force and affect through June 1, 2003, 2, Beginning June 2, 2003, the parties shall enjoy shared physical custody of the children on an alternating weekly basis, with the children residing with the Father for the week of June 2, 2003 through June 9, 2003, with the Mother from June 9, 2003 through June 16, 2003 and alternating similarly thereafter, 3. Both children will continue to go to school In the Cumberland Valley School District, absent further mutual agreement of the parties to the contrary, 4. Beginning June 2, 2003, the Father's child support obligation shall be reduced to $250,00 per month, 5, The parties agree that the Father shall be entitled to claim Alissa Herman as an exemption on his income tax return and Mother shall be entitled to claim Ashley Herman on her income tax return as long as permitted by the Internal Revenue Code, Each party shall execute whatever documentation for this agreement that may be required by the I.R,S" if requested by the other party. 6. Both parties shall have reasonable telephone contact with the children while the children are In the other's custody, 7, The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children are protected, 8, The parties shall do nothing that may estrange the children from either party or hinder the natural development of the children's love or affection for the other party, '. .., 9. Any modification or waiver of any of the provisions of this agreement shall be effective only If made In writing and only If executed with the same formality of this agreement. 10. The parties agree that In making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 11. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has Jurisdiction over the Issue of custody of the parties' minor children and shall retain such Jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth, WITNESSETH: &),~~ CLARK O:HERMAN (SEAL) ~ " \0/ ;h;.: '.. ~ STEPH IE A~ (SEAL) f,'.,.""''"'''' EXHIBIT wWA ww , " . ' CLARK D. HERMAN, PLAINTIFF V, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. SHADE, DEFENDANT : 94-2484 CIVIL TERM pRDER OF COURT AND NOW, this ~c:!... day of October, 2001, followins; s hearing en the merits, IT IS ORD5Re::D: (1) All prior custody orders are vacated and replaced with this order, (2) Clark D. Herman and Stephanie A, Shade shall have shared legal custody of Ashley Herman, born December 6, 1990, and Alissa Herman, born February 22, 1993, (3) During summer school vacation periods, Ashley and Alissa shall be with their pEl'ents !:n an alternating week-on. week-off basis, (4) During the school year, the children shall live at their mother's residence, During every four-weekend cycle, the father shall have them three weekends in a row, then the mother one weekend, The father's weekends shall be from Friday after school until SundaY'evening, (5) If the children are involved in Outside activities on the weekends they are to be with their father during the school year, and the weeks they are to be with him during the summer, it shall be the father's decision of whether they attend those activities or are with him. (6) The parents shall share the major holidays, and the Thanksgiving and Christmas holiday periods, The father shall always have the children on Father's Day and the mother shall always have them on Mother's Day, RECEIVED .. ", . .-. By the'Court, / (~ Thomas S, Diehl. Esquire For Plaintiff I Diane Radcliff, Esquire For Defendant :saa ........,. ... : ~.1' In :..\.:.;~' ...~I -......)) ~,........ .~.:"") .. .'0 , .... . ,t t !',llIr~ """.. '.... ',3~d . '0 ....... J .