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Home My WebLink About96-00380 I I 1 ~ & c.. ~ i 1 , , , . I I , 1 I I j ~ ...... ....... . I "" ~.~ C' -- J '~ ...... - '- .'-~ l-r, (") l:: ., I-~ /'. ~~ 'T ~Q (~ ;'~~::: , l~i ,'- 0:"~ ~ t'J) ~ v ~rj: " '.;:) "- ~)~~ ctt (.~ "'> .,(.~ - ;,>(j a I . ~r) 1.J1.... (oJ ), , rf~:.~ ,.;. -.... :::t- ./) '::::t- .'.. [',..itU r:= "-,. {'flU. '<tl: -, ~ u, ,n :.l 0 G~ (.1 C> Q E ..l < ~~tu~~ ... t- ::! .J ::l "'<t-i:i~ = U)cnz;:: tldi:i~ffi':;:; ...z<...z ... ~ t- .0 III o III 0:: ~I:~~e; ..l < ",.J ..l Ill'" - ;:1- tIl ~ < :: . - . , . SII.I.IKt:H &. HEINIIOI.1l ^ IIO.,.\I''t.s ^ J..: ^"' ~1~SI^n sitU I I I,^RMISIIIIIHi, 1'1 \'NSVI.\'A'\IIA 1111I1 11'1 11'1l(J~1 (71712.1.1.11..' JM! . "!i'* . :1 q 'I . . LISA M. ATTINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 ~380 CIVIL 49% T..aM...J v. KENNETH R. HERMAN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby direc ed that the parties and their respective counsel, apJlear before I I ESt; . , the Conciliator, on the rt.'1i h. day of , 199 at I P ,m., at the <IlurnnDT'" ~nd Cnl1nrv "nl1..-thQU3C, CourthOtl.31;O 5nuare, t::arll.t:ll'e,B~ ~'IM~'''I~. .."t' ~ '-,I"~'I"" '~c.o. Pennsylvania, 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, an~~~~~r.nter into a Temporary Order. All children age five or older stwa-'l also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. For the Court, /1 J.I -:~,IU' E(. By: ,--YrtlH'1-4t>>naa'1 (~l; Custody Conciliator 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. Dated: \- ~ I-'ll. COURT ADMINISTRATOR Cumberland County Court House 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 C"I'"1I"'r: fi\ [D- )ITIV';{"'....l"'I'l _. ,~.- r-,r-,'il "'''..' _.)\,'r\ c-; ~~_.:" ,. ." . , P" I). ,,1") ,.,._ L.r.r' -(l 11"1 "'0 v'- '.,ltJ r...' . , ~.. ("~- '\ \~ .ri"',' U' :'_Rr'!' :' '-:' ~'....i'~' ,I C .'l.:.J.-:';-',I" .~ , '\ ..\,,1 ',\"1 ",;:,\ .' ~:'l "d ", :;)..]?t. &J. tr-t.41.~ ~,~ ~~6, .;;..) '9.? }~.~ .IJf.zJ)/ ~ dfI J.'';);~ tb,Flj )JI~~ ~ <'4cS'~ "I.' "..'. ,~,. . LISA M. ATTINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL 1996 KENNETH R. HERMAN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS I ,( YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money ~laimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Court House 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 LISA M. ATTINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CIVIL 1996 KENNETH R. HERMAN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Lisa M. Attinger, by and through her attorney, Mark T. Silliker, and respectfully requests this Honorable Court award her custody of the subject minor children, and in support thereto, avers the following: 1. Plaintiff is Lisa M, Attinger, an adult individual residing at 52 R. Winter Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Kenneth R. Herman, Jr., an adult . individual residing at R.D. 3, Box 142, Sunbury, Northumberland County, Pennsylvania, 17801. 3, The subject minor child is Alyssa M, Attinger, born February 14, 1991. 4. The relationship of the Plaintiff to the subject minor childr__ is that of natural mother. fl"" p.'" ;;,'~'_' ..' "'M_. . 5. The relationship of the Defendant to the subject minor child... is that of natural father. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a) From the birth, until April, 1991, - the subject child resided with Plaintiff and the maternal grandmother at R.D.1, Box 1239, Herndon, Northumberland County, Pennsylvania, 17830. b) From April, 1991, until November, 1992, - the subject child resided with Plaintiff at P.O. Box 16, Dalmatia, Northumberland County, Pennsylvania. c) From November, 1992, until April, 1994, - the subject child resided with Plaintiff and Plaintiff's fiance, Mark R. Williams, at R.D. 3, Box 99, Sunbury, Northumberland County, Pennsylvania, 17801. d) From April, 1994, until April, 1995, - the subject child resided with Plaintiff at 52 R Winter Lane, Enola, Cumberland County, Pennsylvania, 17025, e) From April, 1995, until August, 1995, - the subject child resided with Plaintiff and Plaintiff's fiance, William J. Weed, at 52 R Winter Lane, Enola, Cumberland County, Pennsylvania, 17025. f) From August, 1995, until the present - the subject child has resided with Plaintiff at 52 R Winter Lane, Enola, Cumberland County, Pennsylvania, 17025. 7. There has been a prior action for custody of the subject minor child. This case was previously heard in Northumberland County, as a res'Jl t of which Plaintiff was given physical custody of subject minor child, subject to visitation rights of the Defendant. The Order is attached hereto and marked as Exhibit "A". B. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child.... 9. The Plaintiff believes, and therefore avers that she is much better able to meet the needs of the subject minor child than the Defendant. 10. The subject minor child is experiencing emotional difficulties as a result of the problems that exist between the parties and therefore we would like the Court to direct that the parties attend counselling, as well as make other appropriate modifications to the Custody Order. WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor child. Date: I() I.tler t ~~ Mark T. Silliker, Esquire 204 state street Harrisburg, PA 17101 (717) 233-1000 I.D. No.: 33671 Attorney for Plaintiff J., . , ^.~ ;""""''''~~l~':O/~~_1.' A F P IDA V I T I, Lisa M. Attinger, hereby certify that the aforegoing is 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 19 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: /-/0 -90 EXHIBIT "A" .,.'...... ,";"'~"",,'~"....'"".,. ... . J~I 15 'S'; O~1l33H'" P.2/b IN 'THE COURT OF CO""ON PLEAS OF' NORTHUI1BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KENNETH R. HERhAN, JR., PlaintUf CY 94-634 VB I LISA H. ATTINGER, Oehondant CUSTODY : o R D E R AND NOW, this 9th day of December, 1994, no exceptions having been file.d to the propo...,d Order of Court datEld November 17, 1994 regarding the Recommendation of the Cuetody HeBl'ing Officer, the recommendetions are accepted and approved and are incorporated by re!Elrenc~ ~~ th~ F~nal Order of Court, The Clerk of Court shall notify the partieD hereto of the entry of the Order In accordance ~ith th~ law. BY THE COURT. eel Eugene Droslus, EDq., Hearing William Wiest, Esq. Robert Slivlnoki, Esq. Plaintiff Defendant Court Officer Extraoted ~rom tLe '1 -r9CoX"'''s and ~rt!!jed this i' d~Y of' IJ-l<. . . 0 G' ~' .. ,19~1f "u.. .... 'ii" ...." " ,~;;;,~ ... rot.'(mc. ta:-y . It:: COmI1.'3'O', Z;'^l~ F :'(00 ," :...~ J. os lrst ,..loJay OJ JnllU3ty, 199B O~!:f.!l~ jlOC!;s:- DAT!l /H~!~ JAIl IS '% 09: )3A1'! P.)/6 ~ IN THB COURT OF COMMON PLEAS OF NOR11WMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION . LAW KENNETH R. HERMAN, JR., PLAINTIFF CV . 94 - 634 vs CUSTODY LISA M. A'ITINGER, DEFENDANT PROPOSED ORDER AND NOW, this ~ day of ---11...."e.m~",.. , 1994, upon consideration of the Custody Hearing Officers Report Recommendation and Order in accord therewith Is herewith proposed, This Order shall be entered as a Final Order unless exceptions thereto are filed by either party within ten (10) days after the effective date hereof. Effective Date:--?J //),uJ'7YJkJ i; /CJrf BY THE COURT: e 17""'O~ L J. ....... .. JHlI 1'5 '96 091 33H1'I P.4/6 IN THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY, PBNNSYLVANIA ClVo.. ACTION . LAW KENNETH R. lIERMAN, JR., PLAINTIFF vs CV . 94 - 634 CUSTODY LISA M, A'ITINOER. DEFENDANT REPORT Pursuant to the Court's order a conference was held on September 19,1994 10:30 A,M. in the Fifth Floor Hearing Room of the Northumberland County Human Services Building at which time and piace Mother appeared with her counsel, Wm, Harvey Wiest. Father appeared with his counsel, Robert H, Slivinski, The parties are the parents of Alissa M, Allinger born, February 14, 1991. Father filed a Complaint in this case requesting joint legal custody and reasonable partial custody of the child, RECOMMENDA TION Mother and Father shall share legal custody of the child [the legal right to make major decisions affecting the best interest of the child, including but not limited to. medical. religious and educational decisions]. Mother shall have physical custody of the child [the actual physical possession and control of the child], Father shall have partial custody of the child [the right to take possession of the child away from the custodial parent for a certain period of time) as follows: 1. Every other weekend from 10:00 AM. on Saturday to 7:00 P.M. on Sunday beginning effective September 24, 1994. .1..41 I~ '% O')13-lAH P.lS"'; . 2. Two nOIl.cons~utlve weeks each year commensurate with Father's vacation, with three weeks notice In advance to Mother. 3, At such other times as the parties from time to time aaree. Father shall have partial custody and Mother shall have physical custody for one half of each of the holidays of New Year. Baster, Memorial Day,luly 4th, Labor Day. Thanksgiving Day and Christmas Day. Father shall have partial custody on Father's Day from 10:00 A,M. to 7:00 P.M. and Mother shall have physical custody on Mother's Day from 10:00 A,M, to 7:00 P,M, TIle foregoing holiday and special day schedules shall supersede and take precedence over the regular physical custody and partial custody times and schedules, Transportation of the child by any person shall be in a vehicle which Is in good running condition. currently inspected, registered and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat must be used when required by law, Each parent shall provide his or her address and telephone number to the other, and in the event of any change shall notify the other within seven (7) days. Mother and Father shall have reasonable telephone calling privileges to and with each other in legitimate mailers concerning the child, and reasonable telephone calling privileges to and with the child when the child is in the custody or partial custody of the other. but she/he shall not call after 8:00 P.M. except in ca.~e of emergency. The parent having the custody or partial custody of the child shall allow the child reasonable telephone calling privileges to and with the other parent, but not · after 8:00 P,M, Each parent shall be entitled to receive from the other parent. and the other parent shall premptly provide without request, full and complete Infonnatlon concerning the child's health, education and welfare, including infonnation from any doctor, dentist, teacher, school, church, babysitter. child care provider, scouting organization, or any other organization, institution or authority, and copies of all reports and documents inCluding but not limited to birth records, medical and dental reports, and school records and Information (report cards, progress reports, disciplinary reports, schedules of activities and extra-curricular activities, etc.), and JW 15 '% 09: 301H1'1 P,b/b '. infonnatlon concerning any out of school activities or functions. U the Information concerns dates, times and places of coming events, it shal1 be provided immediately to the other parent so that the other parent will have the opportunity to attend or participate. The parent receiving the Information from the other parent shall be responsible for the costs of obtaining it, including copy costs. Neither parent shall alienate or attempt to alienate. nor allow others to alienate or attempt to alienate, the affection of the child for the other parent. Each parent shall exert evrry reasonable effort to foster a feeling of affection between me child and the other parent. November 7. 1994 pc: Wm, Harvey Wiest. Esquire Robert H, SlIvinsld, Esquire ..- ,; ...i_~~>L. " , . . , " ":~.;l':." (~ ~~ ~~~ ~I.J~ t5 . .... :JI 'l"\ ~~5~~ .... . ~; ~ "'Ii ~:!l .... ~.... ll. ~!; '... .~ ~J, ~ ~ ~ .... . c . I~ ~~ ~8 ~'iil r! ~I 1J.,1~~ ~ I'" = ~o: ' ~ ... ~ ~.J~ ; .~ ~ ~'~ ~~E ~ . ;;:! ....= 0: la Ill(, " .., .!l O\U . ' '" ~~~ z: I ~ .... .J ,?;. -.II' ~'1l - ~ 1: '1 J ;: . , .; ,ILl.' ,...., .,'(7' LISA M. A'ITINGER, Plaintiff IN THE COURT OF ro1MON PLEAS OF : CUMBERLAND CClUNTY, PENNSYLVANIA . . vs. NO. 96-380 CIVIL TERM . . KENNETH R. HERMAN, JR., : CIVIL ACTION - LAW Defendant sf;;;' OF: ~ CUf:trODY AND rot, this / ~ day of upon consideration of ..~ attached Custody ordered and directed as follows: , 1996, Report, it is l. The parties shall attend the four hour Seminar for Separating Parents conducted in DaUphin County and shall encourage the maternal and paternal grandparents to attend the seminar as well. Each party shall pay his or her own seminar costs. In addition, the parties shall participate in a minimum of eight (8) sessions of counseling to be conducted by a prOfessional counselor selected by the parties and their counsel. The parties shall schedule the first counseling session to be held within thirty (30) days of the date of the Custody Conciliation Conference. The purpose of the counseling shall be to assist the parties in developing and maintaining communication skil1s necessary to cooperate effectively in raising their minor Child. The parties shall share all unreimbursed counseling costs. 2. The Mother, Lisa M. Attinger, and the Father, Kenneth R. Herman, Jr., shall have shared legal custody of Alyssa M. Attinger, born February 14, 1991. Sharing legal custody requires that the parties consult with each other in making major decisions affecting the best interests of the Child, including, but not limited to all major medical, religious and educational decisions. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. The Father shall return the Child to the Mother's custody at 8:00 p.m. on Sunday evenings when there is no school on the Monday following the Father's period of weekend custody. 5. The parties shall alternate or share custody of the Child on holidays as follows: A. Christmas: The Father shall have custody of the Child in every year from Christmas Eve morning at 9:00 a.m. until Christmas Eve at 11:00 p.m. The Mother shall have custody of the Child every year from Christmas Eve at 11:00 p.m. through Christmas Day. The remainder of the school Christmas vacation shall be shared equally by the parties as arranged by mutual agreement. B. New Years: The Father shall have custody of the Child in even '-.' numbered years from New Years Eve at 9:00 a.m. until New Years Day at 7:00 p.m. The Mother shall have custody of the Child on the same schedule in odd numbered years. C. Easter: The Mother shall have custody of the Child on Easter weekend in even numbered years and the Father shall have custody of the Child on Easter weekend in odd numbered years. The exchange time for custody on Easter weekend shall be the same as the regular weekend schedule. The parties agree that both parties shall insure that the Child attends church on Easter Sunday in every year. D. Memorial Day/Labor Day: The party who otherwise has custody of the Child on the weekends preceding Memorial Day and Labor Day shall also have custody of the Child on the Monday holiday. When the Father has custody of the Child on Memorial and Labor Day weekends, he shall return the Child to the Mother's custody at 7:00 p.m. on the holiday. E. July 4th: The Father shall have custody of the Child on July 4th in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on the same schedule in odd numbered years. F. Thanksgiving: The Father shall have custody of the Child in even numbered years on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Thanksgiving in odd numbered years. In years when the Father has custody of the Child on a Thanksgiving Day illlllediately preceding the Father's regularly scheduled weekend custody, the Father shall have custody of the Child from Thanksgiving Day at 9:00 a.m. until the following Sunday at 7:00 p.m. G. Mother's Day/Father's Day: The Mother shall have custody of the Child in every year on Mother's Day from 9:00 a.m. until 7:00 p.m. The Father shall have custody of the Child in every year on Father's Day from 9:00 a.m. until 7:00 p.m. H. Child's birthday: Each party shall have an opportunity to have a period of extended custody with the Child as close to the Child's birthday as possible in every year. 6. The Father shall have custody of the Child for two non-consecutive weeks during each summer vacation which shall be scheduled to begin on the Father's regular periodS of weekend custody beginning on Saturday at 9:00 a.m. and ending the following Sunday at 8:00 p.m. The Father shall provide three (3) weeks advance notice to the Mother to schedule these periods of summer vacation custody. 7. The parties shall cooperate in exchanging information concerning the Child's medical bills, medical coverage and other matters related to the Child's health, education and general welfare. 8. All exchanges of custody under this Order shall take place at either the Child's residence or the maternal grandmother's residence as the circumstances require. 9. The Father shall provide all transportation for exchanges of custody under this Order. lO. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. BY THE COURT, cc: Barbara Ann Reed, Esquire Mark Silliker, Esquire " . " , , I -n . r , J '] , '. J r-.: : ~-) - , , , -'J -. : , . ~.^ r'.l . I . . : .. -. -J " .< LISA M. A'1'l'INGER, . IN THE COURT OF COOMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-380 CIVIL TERM . . . KENNETH R. HERMAN, JR., . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aJSTOOY cn.cILIATIW SlMIARY REPOOT IN AOCXImANcB Hrm CDmBRLAND CXllm'Y RULE OP CIVIL PIll) ~ 'IJRB 1915.3-8, the undersigned Custody Conciliator submits the following report: l. The relevant information pertaining to the Child who is the subject of this litigation is as follows: ~ Alyssa M. Attinger BIRTHDATE ~LYINCUS~YOF February l4, 1991 Plaintiff/Mother 2. A Conciliation Conference was held on March 20, 1996, with the following individuals in attendance: The Mother, Lisa M. Attinger, with her counsel, Mark T. Silliker, Esquire, and the Father, Kenneth R. Herman, Jr., with his counsel, Barbara Anne Reed, Esquire. 3. The parties agree to entry of an Order in the form as attached. tYlatC.J. ,.:)(~ /9fi& (C<<.v1 jLol~ Date' Dawn S. Sunday, Esquir Custody Conciliator