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HomeMy WebLinkAbout02-3844LAWRENCE M. HERRERA Plaintiff VS. JESSICA C. HELLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL TERM CIVIL ACTION-LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Lawrence M. Herrera, residing at 114 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is 3essica C. Neller, residing at the last known address of 231 North 40th Street, Harrisburg, 17111, Dauphin County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence Aqe Kayla Rochelle Mary Herrera 231 North 40th Street, Harrisburg, PA 17111 3 years The child was born on June 25, 1999. She is presently in the custody of Jessica C. Heller who resides at the last known address of 231 North 40th Street, Harrisburg, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name 1. Lawrence M. Herrera Jessica C. Heller 2. Jessica C. Heller Address 107C North Hanover Street Carlisle, PA 17013 80 Daisy Lane Dover, PA 17315 Date June 25, 1999 November1999 November1999 February2000 3. 3essica C. Heller 4. 3essica C. Heller 5. ]essica C. Heller 6. Lawrence M. Herrera 7. Lawrence M. Herrera Crane's Gap Road Carlisle, PA 17013 Airport Road Carlisle, PA 17013 Marilyn Drive Carlisle, PA 17013 12 North Hanover Street Carlisle, PA 17013 3538 North Hanover Street Carlisle, PA 17013 February 2000 - April 2000 April 2000 - .lune 2000 3une 2000 - December 2000 December 2000 - May 2001 May 2001 - June 2002 The mother of the child is Jessica C. Heller, currently residing at the last known address of 231 North zl.0th Street, Harrisburg, Pennsylvania, 17111. She is not married. The father of the child is Lawrence M. Herrera, currently residing at 114 Amy Drive, Carlisle, Pennsylvania, 17013. He is not married. 4. The relationship of Plaintiff to the child is that of Father. He currently resides with his fiancee, .lessica Bucher. 5. The relationship of Defendant to the child is that of Mother. It is unknown who she resides with at the present time. 6. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in another court, in that, a Protection from Abuse Order was entered in York County, Pennsylvania on November 3, 1999 granting primary physical custody of Kayla to her mother and awarding her father partial physical custody in the form of visitation every weekend. That order expired November 3, 2000. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The father has been a primary caregiver of the child from his birth. He has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clothing 4.) arranged medical care, including trips to physicians b. The child has a psychological bond with Father; c. Since June 2, 2002, the father has had no contact with the child; d. Mother has not been accommodating to Father to allow for his visitation; e. Father would provide a stable environment for the child; f. The mother has not acted in the child's best interest by denying the father contact with the child since June 2, 2002; Mother has repeatedly been uncooperative in reaching agreements regarding the custody of Kayla and other issues involving their relationship; 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant him primary physical custody of their child. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: Kara W. Haggerty, Esquire C.J~ (~' I.D. #869:[4 8 South Hanover Street, Suite 204 Carlisle, PA ~.7013 (717) 249-0900 Attorney for Plaintiff LAWRENCE M. HERRERA : Plaintiff : VS. JESSICA C. HELLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL TERM CIVIL ACTION-LAW VERIFICATION I, Lawrence M. Herrera, hereby verify that the facts set forth in the foregoing Custody Complaint 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 of 18 Pa.C.S. [4904, relating to unsxvorn falsification to authorities. Date: Lawrence M Herrera LAWRENCE M. HERRERA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA JESSICA C. HELLER Defendant vs. : NO. CIVIL TERM : : CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this 12th day of August, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: B Certified Mail: Jessica c. Heller 231 North 40th Street Harrisburg, PA 17111 Date:~ By First Class Mail: Jessica c. Heller 231 North 40th Street Harrisburg, PA 17111 Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 .4tlornejfor Plain/iff C~ LAWRENCE M. HERRERA PLAINTIFF JESSICA C. HELLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3844 CIVIL ACTION LAW : IN CUSTODY _. ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 10, 2002 at 9:30 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 al~l>ear 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT, By: /s/ ]acqueline M. Vern~, Esq. ·c~t/ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP I 0 2DD2 LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 2002-3844 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ~t¢ ,'~ t.J' ,2002, upon consideration of the attached Custody ConciliatiorI Report, it is ordered and directed as follows: 1. The Father, Lawrence M. Herrara, and the Mother, Jessica C. Heller, shall have shared legal custody of Kayla Rochelle Mary Herrera, born June 25, 1999. 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. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child on the following schedule: A. Every weekend except the first weekend of every month, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the Child for Block A in even numbered years and Block B in odd numbered years. Mother shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. 6. The Thanksgiving holiday shall be split and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall physical custody of the child during the earlier time in even numbered years and the later time in odd numbered years. Mother shall have physical custody of the Child for the later time in even numbered years and the earlier time in odd numbered years. 7. Each party shall be entitled to three hours with the Child on her birthday. the Child. Transportation shall be shared such that the receiving party shall transport 9. Both parties shall always keep the other advised of their current address and telephone number. 10. Both parties are entitled to liberal telephone contact with the Child. 11. This Order is entered pursuant to Father's request and Mother's failure to appear at the Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:/4'ohn A. Aborn, Esquire, Counsel for Father -essica C. Heller, pro se 231 North 40th Street AptE-1 . _-"X~, ~_ Harrisburg, PA 17111 x[ LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3844 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 CUSTODY OF Kayla Rochelle Mary Herrara June 25, 1999 Mother 2. A Conciliation Conference was held in this matter on September 10, 2002, with the following individuals in attendance: The Father, Lawrence M. Herrara, with his counsel, John A. Aborn, Esquire. Mother, although notified of the conference did not appear. 3. Father had primary physical custody of the child for approximately 18 months, until June, 2002 when Mother took the child for her weekend and failed to return her. Mother has failed to provide access of the child to Father since June, 2002. Father requested an Order in the form as attached. Date line M. Vemey, Custody Conciliator LAWRENCE M. HERRARA, Plaintiff JESSICA C. I-lRl .l 1~,, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUlqTY, PENNSYLVANIA : : No. 02-38~.'! CIVILTERM : : CIVIL ACTIOlq - AT LAW : CUSTODY PETITION TO MOl~li~r CII~TOI)Y (~Ri~i~.R AND ~OW, ~e P~6o~, J~i~ Co~os, ~, a~ ~ f~lo~ ~ s~ of~ P~o~ 1. Follo~ a ~~ ~ ~ ~ ~e ~le J. W~I~ 01~, Jr., on ~~ 11, 2~ ~b~ A). 2. ~ ~i~ c~ shoed ~ ~i~ c~ for~ fo~o~ ~ ~ ~ 1 l, 2~ ~ of ~ ~ ~ ~ ~ci~on of P~6o~, ~, ~ m ~~~on ~ ~ ~or ~L ~d ~ ~ive ~ ~fi~ of a ~ncil~on b. Pefifion~ ~ ~ ~ e~d's ~ ~ ~ b~ ~d is ~le m ~de a ~ ~ ~~ ~ ~i~ ~ ~ofio~, ~ R~nd~t c. ~ c~ld ~i~ mle~ ~ P~fi~ ~ J~e 2, 2ffi2 ~ ~~ 12, 2ffi2 ~ R~t ~om~ P~fio~ ~g him ~ ph~ c~. & ~ J~y 23, 2~2 P~fi~ for ~ch a c~ ~~ is ~fly ~ ~ ~n~ 30, 2~2. WHEREFORE, Petitioner respectfully requests this Honorable Court to vacate or modify the Septexnber 11, 2002 such that she is granted primary physical custody of her d~%ohl~r subject to the partial custody rights of Respondent. Respectfully subniimxl, AT'FORNEY FOR PETITIONER/DEFENDANT 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct ID No. 68735 LAWRF3xlCE M. HERRARA, Plaintiff JESSICA C. HELLER, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3E~.~ CIVIL TERM CIVIL ACTION - AT LAW CUSTODY VERlglCATION I, Jessica C. Heller, 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 of 18 Pa. C.S. § 4904, relating to un~wom falsification to authorities. Date: ~ -~ff~ t~. Signature: $¢ssie~ C. H¢ller LAWRENCE M. I-IERRARA, Plaintiff ]ESSICA C. ~-L~-R, Defendant : THE COURT OF COMMON pI.EAS OF : CUMB~,iAND COUNTY, PENNSYLVANIA : No. 02-38~.~.CIVILTERM : CIVIL ACTION- AT LAW : CUSTODY CP]~TW~CATE OF ~gl:~VICF. I, Jearm6 B. Costopoulos, Esqui~, hc~by ~ ~ ~s day I scrv¢~l a copy of thc attached Order of Court upon the ~ and in th~ mann~, indical~l b~low, which seavi¢~ ~fisfics the r~lttirean~nts of thc: PA Rules of Civil Preccdt~ by ¢L~aoMting a copy of th~ same with the United Sta__~s_ Post Offie~ at Harrisburg, Pennsylvania, through first class mail, prel~d, and addresscM as follows: John A. Aborn, Esquire ABOM & KUTULAKIS 8 S. Hanover Str~L Suite 204 Carlisle, PA 17013 BY: DATED: AITORNEY FOR PETITIONEqI/DEFENDANT 1400 N. Second Sheet Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 69735 EXHIBIT a LAWRENCE M. HERRARA, Plaintiff JESSICA C. HELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3844 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ,:00:,upo consideration of the attached Custody Concdmt~on Report, it is ordered and directed as follows: 1. The Father, Lawrence M. Herrara, and the Mother, Jessica C. Heller, shall have shared legal custody of Kayla Rochelle Mary Herrera, born Jtme 25, 1999. 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 m~d religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child on the ~bllowing schedule: A. Every weekend except the first weekend of every month, fi'om Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be/'rom Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be fi-om Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the Child for Block A in even numbered years and Block B in odd numbered years. Mother shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. 6. The Thanksgiving holiday shall be split and alternated fi'om 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall physical custody of the child during the earlier time in even numbered years and the later time in odd nmnbered years. Mother shall have physical custody of the Child for the later time in even numbered years and the earlier time in odd numbered years. 8. the Child. 9. Each party shall be entitled to three hours with the Child on her birthday. Transportation shall be shared such that the receiving party shall trausport Both parties shall always keep the other advised of their current address and telephone number. 10. Both parties are entitled to liberal telephone contact with the Child. 11. This Order is entered pursuant to Father's request m~d Mother's failure to appear at the Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jol~ A. Abom, Esquire, Counsel for Fatlier Jessica C. Heller, pro se 231 North 40Ih Street Apt E- 1 Harrisburg, PA 17111 LAWRENCE M. HERRARA PLAINTIFF JESSICA C. HELLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3844 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Friday, October 04, 2002 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 29, 2002 at 10:30 AM for a Pre-Heating 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: ~si ]acqueline M. Vernev. Esa~ Custody Conciliat'or ~¢" 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 ATI'ORNEY 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 NOV' 0 2002 V LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3844 CIVIL TERM CIVIL ACTION - ]LAW IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~ '~-~,, ,~ -, [l,,,~ ~ ,2002, upon consideration of the attached Custody Concili'ation-Repor~ i~is ordered and directed as follows: 1. The prior Order of Court dated September 11, 2002 is hereby vacated and replaced in its entirely with the following: 2. The Father, Lawrence M. Herrara, and the Mother, Jessica C. Heller, shall have shared legal custody of Kayla Rochelle Mary Herrera, bom June 25, 1999. 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. 3. The parties shall have shared physical custody of the Child on a 3/4/4/3 alternating schedule. Said schedule shall begin Wednesday, November 6, 2002 with Mother having the three days and alternating thereafter as afi>resaid. As a result of this schedule, Mother shall always have the Child on Wednesday, Thursday and Friday; Father shall always have the Child on Sunday, Monday and Tuesday. The parties shall alternate custody of the Child on Saturdays. The pickup time shall be 3:00 p.m. unless otherwise agreed by the parties. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the Child for Block B in even numbered years and Block A in odd numbered years. Mother shall have physical custody of the Child for B][ock B in odd numbered years and Block A in even numbered years. 5. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. 6. The Thanksgiving holiday shall be split and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall physical custody of the child during the earlier time in even numbered years and the later time in odd numbered years. Mother shall have physical custody of the Child for the later time in even numbered years and the earlier time in odd numbered years. 7. The parties shall be entitled to two (2) non-consecutive weeks during the year, provided they give the other party thirty (30) days prior notice. 8. Each party shall be entitled to three hours with the Child on her birthday. 9. The parties shall alternate Memorial Day, July 4th, and Labor Day with Father having Memorial Day in 2003. 10. the Child. Transportation shall be shared such that the receiving party shall transport 11. Both parties shall always keep the other advised of their current address and telephone number. 12. Both parties are entitled to liberal telephone contact with the Child. 13. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J~ley Oler[~r~, ~,-, cc: John A. Aborn, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire LAWRENCE M. HERRARA, Plaintiff JESSICA C. HELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3844 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 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 Kayla Rochelle Mary Herrara June 25, 1999 Father 2. A Conciliation Conference was held in this matter on November 1, 2002, with the following individuals in attendance: The Father, Lawrence M. Herrara, with his counsel, John A. Abom, Esquire; Mother, Jessica C. Heller, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr., previously entered an Order of Court dated September 11, 2002 granting the parties shared legal custody, Father primary physical custody and Mother alternating weekends and holidays. 4. The parties agreed to an Order in the form as attached. Date · Vemey, Esquire Custody Conciliator LAWRENCE M. HERRARA, Plaintiff VS. JESSICA C. HELLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-3844 CIVIL TERM : : C1V1L ACTION - AT LAW : CUSTODY PETITION TO MO1)IFV CITgTOD¥ ORDER AND NOW, the Petitioner, Jessica C. Heller, by and through her attorney, Jeann~ B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Following a preheating custody conference before Jacqueline Vemey, an Order of Court was entered by the Honorable J. Wesley Oler, Jr., on November 5, 2002 (Exhibit A). 2. Paragraph 3 of the November 5, 2002 Order should be modified such that Petitioner should be granted primary physical custody subject to three weekends per month with Respondent supervised by his wife, Jessica Herrara, tbr the following reasons: a. Respondent neglects the child when in his custody in that he leaves her unattended while he sleeps. Recently, Petitioner arrived at Respondent's home to pick up the child. When she knocked on the door, it was answered by her four year old daughter. The child told Petitioner that her father was asleep. Petitioner was uncomfortable entering the house, so she asked the child to go in and wake him. The child returned stating that she could not wake him. Petitioner entered the residence and shook Respondent awake. Petitioner smelled the odor of an alcoholic beverage c,n Respondent's breath. Petitioner also observed in plain view at least eight dirty diapers strewn about the room as well as feces on one of Respondent's two other children (ages one and two) who Dated: Jeann~ B. Costopoulos, Esquire ATTORNEY FOR PETFIIONER/DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 6873:5 LAWRENCE M. HERRARA, Plaintiff VS. JESSICA C. HELLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-3844 C]?v'IL TERM : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Jessica C. Heller, 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 of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: Signature: x_/~t/3/oc.c~ /~--~ (~Jessica C/Heller LAWRENCE M. HERRARA, Plaintiff VS. JESSICA C. HELLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3844 CIVIL TERM : CIVIL ACTION - AT LAW : CUSTODY CERTIFICATF, OF ~qERVTCE I, Jeann~ B. Costopoulos, Esquire, hereby certify that this; day I served a copy of the attached Order of Court upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by deposit'mg a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, throu~ first class mail, prepaid, and addressed as follows: John A. Abom, Esquire ABOM & KUTULAKIS 36 South Hanover Street Carlisle, PA 17013 BY: Je~mn~ B. Costopoulos, Esquire ATTORNEY FOR PETITIONER/DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 EXHIBIT A NOV 0 ~ 200~ '~ LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3844 CIVIL TERM : : CIVIL ACTION - iLAW : : IN CUSTODY ORDER OF COURT AND NOW, this d' a,- day of 7'Lc~v-c4~,4~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 11, 2002 is hereby vacated and replaced in its entirely with the following: 2. The Father, Lawrence M. Herrara, and the IVlother, Jessica C. Heller, shall have shared legal custody of Kayla Rochelle Mary Herrera, bom June 25, 1999. Each parent shall have an equal right, to be exercised jointly witlzt 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. 3. The parties shall have shared physical custody of the Child on a 3/4/4/3 alternating schedule. Said schedule shall begin Wednesday, November 6, 2002 with Mother having the three days and alternating thereafter as aforesaid. As a result of this schedule, Mother s .13all always have the Child on Wednesday, Thttrsday and Friday; Father shall always have the Child on Sunday, Monday. and Tuesday. The parties shall alternate custody of the Child on Saturdays. The pickfip time shall be 3:00 p.m. unless otherwise agreed by the parties. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the Child for Block B in even numbered years and Block A in odd numbered years. Mother shall have physical custody of the Child for Block B in odd numbered years and Block A in even numbered years. 5. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. 6. The Thanksgiving holiday shall be split and alternated fi'om 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall physical custody of the child during the earlier time in even numbered years and the later time in odd numbered years. Mother shall have physical custody of the Child for the later time in even numbered years and the earlier time in odd numbered years. 7. The parties shall be entitled to two (2) non-consecutive weeks during the year, provided they give the other party thirty (30) days prior notice. 8. Each party shall be entitled to three hours with the Child on her birthday. 9. The parties shall alternate Memorial Day, Jul:/4th, and Labor Day with Father having Memorial Day in 2003. 10. the Child. Transportation shall be shared such that the receiving party shall transport 11. Both parties shall always keep the other advised of their current address and telephone number. 12. Both parties are entitled to liberal telephone contact with the Child. 13. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this ,Order shall control. BY THE COURT, Wesley Oler, Jr.{ ' ' J. cc: John A. Abom, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3844 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Concilia'~or submits the following report: 1. The pertinent information concerning the Chi'.[d who is the subject of this litigation is as follows: NAME DATE OF BIRTH Kayla Rochelle Mary Herrara June 25, 1999 CURRENTLY 1N CUSTODY OF Father 2. A Conciliation Conference was held in 5.his matter on November 1, 2002, with the following individuals in attendance: The Father, Lawrence M. Herrara, with his counsel, John A. Aborn, Esquire; Mother, .lessica C. Heller, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr., previously entered an Order of Court dated September 1 l, 2002 granting the parties shared legal custody, Father primary physical custody and Mother alternating weekends and holidays. 4. The parties agreed to an Order in the form as attached. Date dacqt{~l'me M. Cemey, Esqu' Custody Conciliator LAWRENCE M. HERRARA PLAINTIFF V. JESSICA C. HELLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-3844 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Thursday, September 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 29, 2003 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 def'me 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/ ]acqueline M. Verney. 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, pleas,: 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 ~I-IE 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 OCT 003 LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3844 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this -~L~j ~ day of ~' ~ -~ ('?5 ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 5, 2002 is hereby vacated and replaced in its entirely with the following: 2. The Father, Lawrence M. Herrara, and the Mother, Jessica C. Heller, shall have shared legal custody of Kayla Rochelle Mary Herrera, bom June 25, 1999. 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. 3. Mother shall have primary physical custody of the Child. 4. Beginning Thursday, October 9, 2003, Father shall have periods of partial physical custody every week from Thursday at 6:00 p.m. to Sunday at 6:00 p.m. Provided however that Father is responsible for taking the child to and picking up the child at HACC daycare on every Friday. 5. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the Child for Block B in even numbered years and Block A in odd numbered years. Mother shall have physical custody of the Child for Block B in odd numbered years and Block A in even numbered years. 6. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. 7. The Thanksgiving holiday shall be split and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall physical custody of the child during the earlier time in even numbered years and the later time in odd numbered years. Mother shall have physical custody of the Child for the later time in even numbered years and the earlier time in odd numbered years. 8. The parties shall be entitled to two (2) non-consecutive weeks during the year, provided they give the other party thirty (30) days prior notice. 9. Each party shall be entitled to three hours with the Child on her birthday. 10. The parties shall alternate Memorial Day, July 4th, and Labor Day with Father having Memorial Day in 2003. 11. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise specified in this Order. 12. Both parties shall always keep the other advised of their current address and telephone number. 13. Both parties are entitled to liberal telephone contact with the Child. 14. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for December 2, 2003 at 8:30 a.m. cc: Jeanne B. Costopoulos, Esquire Lawrence M. Herrera, pro se 114 Amy Drive Carlisle, PA 17013 BY THE COURT,- /;,., Wesley Oler, Jl:~-:z2 J' LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3844 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY pRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Kayla Rochelle Mary Herrara June 25, 1999 CURKENTLY IN CUSTODY OF shared 2. A Conciliation Conference was held in this. matter on September 29, 2003, with the following individuals in attendance: The Mother, Jessica C. Heller, with her counsel, Jeanne B. Costopoulos, Esquire, and Father, Lawrence M. Herrara, pro se. 3. The Honorable J. Wesley Oler, Jr., previously entered an Order of Court dated November 5, 2002 granting the parties shared legal and physical custody. 4. The parties agreed to an Order in the form as attached. Date Custody Conciliator LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3844 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~1"(' , ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 2, 2003 shall remain in full force and effect with the following modification to Paragraph 4: 2. Father shall have periods of partial physical' custody every week from Friday after school to Sunday at 6:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jessica C. Heller, pro se 2431 Penn Street Harrisburg, PA 17110 Lawrence M. Herrara, pro se 114 Amy Drive Carlisle, PA 17013 BY THE COURT. I/t/Wesley Ole~"J~., DEC 0 2 2003 LAWRENCE M. HERRARA, Plaintiff V. JESSICA C. HELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-3844 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oier, Jr., J .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Kayla Rochelle Mary Herrara June 25, 1999 CURPd~NTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on December 2, 2003, with the following individuals in attendance: The Mother, Jessica C. Heller, pro se, and Father, Lawrence M. Herrara, pro se. 3. The Honorable J. Wesley Oler, Jr., previously entered an Order of Court dated October 2, 2003 granting shared legal custody and Mo:hher primary physical custody with Father having periods of partial physical custody every week, Thursday to Sunday. 4. The parties agreed to an Order in the form as attached. Date ~cq~eline M. V;rney, Esquire Custody Conciliator