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Home My WebLink About96-03058 I ~ 1.,1 , I i:' ~ fl,.~ ,. I , 'ill fl \ \ !;1 i ,. )), '-., 1,\~ " " \ II ~ ,I , 1 ),W I, 'I ~ ,. ' , , / ,,I -tii I' ) .' " , , 1/', ,I,', 'i" I' I , I, .. i.'1 , , , , , ", " , 1,\:1\ ;;, , , 'I ,. '1,1 " " , , " , I I' " " , , , , 'I I, '1 ..' , ' ., ,>.'1 , , " , , \' , ) IJ " " " ., " ,'. , II, , ': " ,I 0... '-l <:) "'> " , , ~ ~ MAIN OFFICE 412 Erford ReNd Camp Hili, PA 17011 Stanley E. Schneider, Ed.D. Director Camp HIli: (717) 732.2917 Herahey: (717) 533.4312 Carll.le: (717) 245.2289 Chamber.burg: (717) 263.9392 FAX: (717) 732.5375 GUIDANCE ASSOCIA YES OF PENNSYLVANIA July 24, 1997 M~rk K. Emery, Esquire Fenstermacher & Associates 5232 East Trlndle Road Mechanlcsburg, PA 17055 RE: Austin Marshall Dear Mr. Emery: I am sending you a synopsis of my findings and resulting recommendations regarding Austin Marshall. I met with the Marshall family on Saturday, July 19. At that time, I Interviewed Susan Marshall and Austin In the morning and in the afternoon Interviewed Jeffrey Marshall, re-Intervlewed Austin and Interviewed Barry Dempsey, Susan's significant other. Austin was Interviewed throughout the day, He also completed a couple of custody-related Instruments Including Parent Report Cards on each of the significant adults In his IIf'.! and responded to a "Would" Questionnaire which presents a number of hypothetical situations wherein the child responds to what he thinks his mother and/or father would do In response to those situations. Susan provided background Information concerning the marriage and it's subsequent failure and Jeffrey provided similar Information as well as his experiences once he relocated to Florida after the parental separation In 1996. I also reviewed caples of Austin's report cards from Palm City Elementary School. Based on my findings, I am recommending that Austin return to Pennsylvania to live with his natural mother, Austin Is very clear in his expressed preference at this juncture for his father, seeing him in a very positive - almost Idealized - light. His father received ail A's on the Parent Report Card suggesting that Austin perceives his father to be perfect In every aspect with no weaknesses or deficiencies, He may want me to support his preference to remain In the primary physical custody of his father to be respected; however, It is not in his best Interest at this time for him to remain with his natural father in Florida. Although he and Susan apparently discussed relocation to Florida, Jeffrey made the decision to leave with Austin after he finished school In the spring/summer of 1996. I believe that Jeffrey viewed this relocation as a 'new chance' - an opportunity for a new beginning for himself and his son. Jeffrey also admitted that he was experiencing a void, an understandable loss related to the ~ ElHIIT Comprehenllve PlycholoBlcal Servlcel . DrUB and RE: Austin Marshall July 24, 1997 Page 2 demise 01 the marital relationship. It seems that he was aware that he and Susan were In difficulty but her actual leaving had a profound emotional Impact on Jeffrey. He describes It as "she abandoned the home when she left l&". This suggests Jeffrey seeing Susan's behavior as leaving not only him but Austin . whlch is contrary to the Inlormatlon provided by Susan. She expressed a continuing Interest In and concern about Austin's adjustment and performance from the time she left the marital home. She was In touch with Austin by phone on a sustained, frequent basis and also was In contact with school personnel regarding Austin's academic p,erformance. Jeffrey admitted that he was "going through quite a depression'. It Is my bellel that he experienced some disappointment in that his hopes and plans did not materialize for himself. When a parent Is deprassed, the routine tasks of parenting can leave him or her even more depleted, Jeffrey did what he could to be available for Austin and the times that he was with his son, Austin and he benefited. However, his job responsbllltles precluded Jeffrey for baing available to Austin some evenings and Saturdays necessitating Jeffrey getting a babysitter for Austin. This seemed to result in Austin not receiving the needed structure, focus and attention to complete his malor task - his school responsibilities. It Is noted that Nora Pacheco, who lives next door to Jeffrey and Austin provided substitute care taking/parenting responsibilities of Austin. However, Nora herself had to work some evenings, as did Jeffrey, and on those evenings that she had responsibility lor Austin, took him with her while she cleaned office buildings. Austin also had a set of keys to his home so that he could gain access to the home when his father was at work. It Is my understanding that Austin may have spent considerable time alone In that home playing TV (James and not getting his homework done, It Is Austin's academic performance that is a major reason lor my recommending that he return to Pennsylvania. A review of his academic performance in the lirst grade In Pennsylvania reveals no problems, concerns or deficiencies, He experienced major problems In the second grade In Floridil resulting In his having to repeat that grade. Progress reports from the school Indicates "that he comlnue5 to need direction and monitoring to complete tasks... Austin continues to day dream and practice tasks - avoidance behaviors... he has difficulty accomplishing tasks... he Is stili not meeting grade level requirements..... suggesting the need for external supervision, support and monitoring of bls schoolwork. Jeffrey Is well Intentioned but misdirected when he states that it was Austin's responsibility to complete his school work. Jeffrey also describes Austin as making up stories resulting In Austin telling his father that his homework was completed when, it appears it was not completely done. Austin Is a bright youngster who has develop.ed these avoidance behaviors to get out of doing work. The school posited their difficulty in determining whether Austin's weak academic performance may be due to learning difficulties or a preoccupation with his parent's separation and adjustment to new surroundings. They concluded that their concerns centered around these emotional Issues "contributing to Austin's academic woes". I did not find that Austin struggled with the separation Issues to the point where it impacted his behavioral response patterns to any significant degree. Jeffrey reported that Austin enjoyed going to the beach and doing things together as father and son. There Is no evidence presented that Austin himself was experiencing any emotional responses such as a depressive reaction to the separation. although this is a possibility, Typically when children are depressed it shows up In areas In addition to academic performance and also tends to ameliorate with the passage 01 time. Mrs, Clifford, Austin's teacher, noted ./ RE: Austin Marshall July 24, 1997 Page 3 : decoding difficulties and that he does better with one to one help. It Is my understending that Austin received little individual attention and assistance during the second grade. Austin also participated In a group for children of divorced or separated parents with a guidance counselor; however, there was no Information forthcoming regarding any findings concerning his participation. Jeffrey continues to state his belief that It was Austin's lack of attentiveness and effort that resulted In his poor academic performance. He also admitted that he contlnuel; to experience a void - an emotional response to the separation and Is himself In a state of transition occupationally. He Is seeking a day lob which would allow him to be at home with Austin. However, nothing Is dellnlt ve at this point. He also believes It would be good for Austin to experience a family environment. Jeffrey stated "I would love to give him a family setting. A proper family... I grew up In a stable home mother and father were always there and I would love for him to have that...". Jeffrey has no knowledge of the relationship between Susan and Barry In that regard. Jeffrey correctly Identifies and Susan reaffirms her availability to be there for Austin during school days since she works a reglJlar daytime schedule From my observation, the relationship between Susan and Barry appears to be a solid one. Barry Is a 47 year old man who has belln divorced one time. He raised three step.children and has seven grandchildren. He was married 21 years and his marriage failed because "the children grew up" and there was nothing apparently in common between the couple. He now reports that he and his ex.wlfe are "the best of friends". He has been doing accounting work for the Liquor Control Board for the past 26 years, He fulfilled the responsibility of raising step.chlldren to the point where he learned sign language due to the fact that two of the children were deaf, He relates enjoying the responsibility of being a parent and enjoys kids. There Is nothing in his history to suggest that he could not provide appropriate step"parentlng support to Austin, I observed their interaction to be pOSitive F.lI1d warm. Austin In fact awarded Barry an A for "makes me laugh a lot' - as he did award the same grade to his father. I believe that It would be in Austin's best Interest to return to Pennsylvania to live with his mother primarily during the school year. 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I V) ~~ If) i: E I,..., j'l OJ) Z::l VJ ,..- ~ Vl 1/) r-- C'.IJ) V} - t\I \) \) - -- ..,. ~ 'tl lij 0.. UJ ::;. ~ '.u ~ \u I~ Vl \u E ::J a E 'E Q) Q)::J 0 ~o c: t;)i 8 en ...... '= '0 g ~:g ~ :cr S:!: q; :J CJ) .S:? E Q) -g ~ \, . 1 ' -~ , ""f ~ M II Z::l I u I ~ I ~dl s ~ ~ 8~ III ~ 6 ~ ~~11~~8 .!!.. '-=- II: WI/)' cJ) V) I I I X .. , ..,.:; C')~ k ,..:; '''''' "'> ""'> '-;> I>< -:z I...,..... ~..., X ..:. -', -, "., -, X. -;. ' -'.,. \ II, I II: < II J I ..:z r-> V\ r.> 'I '> - c: Q) E ~ o ~ a ~,~ E nl > I/) ~Kll ~.5 z .... ... i lot ~ ~ .1 ~ .. :; ! ~ C\j--" - r I, ;l; }!!I .J ". 1", . . >. Q) ~ ~ ) I dl ~ffi8 .~~~ I I I I en - Z ~I(l .-,.. ,,, '~ \~ \~I). (J$-if' Parent's Namoe~A"''''''f _ ..(1;>. For each item, circle the grade you~ parent has earned this month, PARENT REPORT CARD 1'T:--H'e'l,!t6--me-~t1:h rot hume''/o.irk--wh.e.n_..,t-,a.s-k-'-'-J\:'-- -S" .. ,G--'--Il---E , F Understands my moods A B C 0 E . Gives me enough hugs A B C ~ E Tells me they love me A B C 0 Q) Lets me act my age A B C CJ E <II r- _.t _ m,,! C..i,nd.l .:.:' A !l ... u ! -- Q) - Keeps my secrets A B C 0 rY ,.' Helps me look my bes':. A B 0 'E \- 9. Go.<llJIS ,"-~:;,,..m'A!i"~I"""__.""""--:_ __._ _., .:A~:'lB.1 ....---.-....- .,~,...~.., ..,.......:'"'"01,-..-.."...__ . ," -' ~ ,.. . ~~sC-.._..;:l _ rF 10. Keeps the house nice jI. B G D E F 1l. Watches T.V, wi th me A B C D cY F , 12. Listens to my p.oblems A B C D (5 F 13, Tri es to explain things to me "4;) <[) C D E F 14, Doesn't scream at me when angry A B C D E CD 15, Thinks about me enough A \!) C D E F 16, Spends time with me alone A B C D E <b 17. Makes me laugh alot. G> B C D E F 18. Makes the holidays special A B c'-€J E F 19. Lets me make my own decisions A B Q) D E F 20, Help.s me make my room a special placeQ) B C D E F 2l. Helps me get up \/hen I ovet.s 1 eep Q) B C D E F 22, Treats aU t"". ghi r:i:;u ~l. .-lhe ~ B C 0 E F family fairly 23.- :AR.UDto"Cl ~\t~i--oh.:J dbO'tfL 3c:k " --.-" ..~_..._....-. ~ ;-g ..l::'._..._~_ 24, Helps me buy the things I want ~p, E c D ,4&. 1.!I'\I..d-e"r.lt'ml"'~bQ~P-'>o-r_'9~'8d,,-'; "'PfT~'.. . If-:---c--- IJ 9:~ /JU/'ll ~~ ':>b 6,.:.:t 1 ~ f 1:3 Pl.RENT REPORT CARDQ3!D 'S\lJ Pili.. M" ~"( I U Parent ':s Name~: ~i l~' ..J II ~ For each item, circle the grade your parent has earned this month. ii~"". L" '"-1::-'-~...cs-me,,_u,~~ rai' .Ja"'~dl'lIiIrlt w4"d".-.l-tr.:r~"~.:.-W~.::::&B--e-'15 Q. F __.... 2, Understand:s my mood:s 3, Give:s me enough hugs ~. Tells me they love me 0B @B ~B ~B F c o E F c o F. F c o E F 5, Let:s me act my age 6. I:s nice to my friends c D E B ~ D B ~ D A E F 7. Keeps my secrets A E F 8. Helps me look my best 9, Cook:s good meals <tUB '1). (. .. .'t:- ~ ~ B <DB F c D E F c D E F 10. Keeps the house nice c D E 11, Watches T,V, with me c D \D F D E F A B 12. Li:stens to my problems (bB Q)B D E F c 13. Tries to explain things to me c 1~, Doesn't scream at me when angry A Q::) C Q) B C .~ E\ C F D E: F 15. Thinks about me enough 16. Spends time with me alone D E F D E 17. Makes me laugh alot 18. Makes the holidays special D c:v F A B C (b B C D E F 19, Let:s me make my own decisions B (b D E F A 20, Helps me make my room a special plac:eC) B 21, Helps me get up when I oversleep ~ B n, Treats all ~ ~h; ldren in the ~ B hmtLly fairly C D E F C D E F C D E F -H-'; lU1.5w~-rn7' ~ue:i t i on~- ClL()~L ",oc'l<-__~._~ :::.. .........., ' PLI'I",,~!:.-', 'I ,-- ' 'J Wl' 24, Help~ me buy tho things I want ~ B C '.l'!r-Ul\d e r s hl~'nCj-.ahollLpcw.rr-,..gud..... _......"..,.~.,--e-. E D 25,.. PARENT REPORT CARD Parent'" Name ~)I s.""~ Ii fIlAlHrIPI ','/ I>>fIIIT -, lJ.:t For each item, circl e the grade your parent has earned this month, A a ~ 0 E A Q) C 0 E 1, He 1 ps me wi th my homewo rk IIhen I as k 2, Understands my moods 3. Gives me enough hugs A 4, Tells me they love me A 5, Lets me act my age A 6. r" nice to my friend" A 7 , Keeps my secrets A 8, Helps me look my best A 9. Cook.s good meal s A 1.0, Kee.ps the hcuse nic_e A 11, Watches T.V, with me p..~C 12. L.istens to mj" problems A B 13, Tries to explain things to me A B 14, Doesn't scream at me whe.n angry A B 15. Thinks about me enoug'h A B 16, Spends time with me a lone A a 17. Makes me laugh alot A B 18. Makes the holidays special A B 19, Lets me make my own decisions A B 20, Helps me make my room a special place A B 21. Helps me get up when r oversleep A B 22. Treats all the children in the A B family fairly 1"t 'Il...u...... n.y ~.u..e.s.t..,i.on-.9.. abou.t;.....s.e*~-._.., A" B 24, Helps me buy the things I want A B 25. Is IJnderstanding about poor grades A B B C B C B C ., B C i3 C a C B C :: C F F :~ E'D E(b EQ) E\E o ~ F ECb o o D o D o o o E F C 0 E ~ C 0 E CD C 0 E ~, C D E \b C 0 E (!) C D E~ C D E Q)' C 0 E Cb C 0 E, ~ C D E Q) C 0 E 0 C D E F C 0 F. ~ C D E ~ '- JlIN 0 .1 9JiP v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 9~. 3()ff ei.oJ~~ SUSAN MARSHALL, PI.lntlff JEFFREY MARSHALL, D.fend.nt : CIVIL ACTION. LAW : IN CUSTODY ORDER AND NOW, thls"l""'-day of \Ju1 't- . 1900. after consideration of thC!l Plaintiffs Petition for Custody with Ji;"der by Defendant. It Is hereby ordered and decreed that Plaintiff, Susan Marshall, and Defendant, Jeffrey Marshall, are granted joint legal custody of the said minor child, Austin Marshall, with primary physical of the said minor child, Austin Marshall, with the Defendant, Je"rey Marshall, subject to the following terms, conditions and periods of temporary custody in the Plaintiff, Susan Marshall: 1, The weekends of June 1 and 2. 1996; June 8 and 9, 1996; and June 15 and 16, 1996, from Saturday morning at 9:00 a.m. to Sunday evening at 7:00 p,m,; 2. Every Columbus Day weekend from the end of school on Friday to Monday at 7:00 p.m.; 3. Every other Thanksgiving weekend in odd-numbered years, commencing in 1997 from the Wednesday before Thanksgiving at 5:00 p.m, to the Sunday following Thanksgiving at 7:00 p.m,; 4, Every other Christmas holiday in even-numbered years, commencing In 1996, from the end of regularly scheduled school days. prior to Christmas to the following January 1 at 7:00 p.m.; 5, Every Easter from the end of scheduled school classes prior to Easter (which would be the end of classes on the Thursday preceding Easter if the minor child's school Is not scheduled for Friday) until Easter Sunday at 7:00 p,m.; P\AINTlff"8 ElOI8IT 6. Every summer for a period of six (6) weeks, which six (6) week period will be scheduled from approximately two (2) weeks after the end of regularly scheduled school c1aaaes and will be scheduled so that the minor child will be retumed to Defendant approximately two (2) weeks prior to the commencement of school, If poaalble, but In the event that there Is Inadequate time during the summer break from school to allow for two (2) wlileks following the end of school with the Defendant, a six (6) week period with the Plaintiff and two (2) weeks before the commencement of school with Defendant, the parties will schedule the summer visitation so that a full six (8) week period Is spent with the Plaintiff; and 7, Such other times as the parties may agree with the Intent of being If the Plaintiff r.an travel to Florida at times other than those scheduled. on reasonable notice to the Defendant, reasonable visitation will be arranged. B. Plaintiff shall have the right to unlimited telephone calls to the said minor child, Austin Marshall. 9. Defendant, Jeffrey Marshall, shall be responsible to keep Plaintiff, Susan Marshall, promptly and fully advised of significant events In the life of the said minor child, Including but not limited to, promptly providing Plaintiff with the said minor child's school celendar, report cerds, notices from school concerning progress or problems, any medlcel, physical or emotional diagnosis or treatments, awards, etc. BY THE COURT: I.f" 9, 'ftf.~ tYk..1 ~ J, TRUEOOPY FROM RECOftD lit T",tlhlOl'lY whereOl,l '*' unt. ~ 1. hind .....~"....~._~ PJ;fi,~tJ. = , . . '. \ . I ,I , , . '''0 l,' '~, "I. .f( . "I' " , ~ ',',I' ,~, .. of' , " I " '. ~ '. .~,\ ':" , f' .. f l~ J ,~.. " ,Ill" '1" , . " I, I~' , ,~ I: \ I d,' \ " j , :ft ~ ' ~l' !' ! I,' ..., , , , I ,I, } ~, I , l'laintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN R, MARSHALL, v, I, NO. 96-3058 JEFFREY G. MARSHALL, Defendant ACTION IN CUSTODY QRDER Q.f.._C.Q!J.B.T AND NO~I, _ ,1\\0' . i2.~ .L~~ I- ._' upon consideration of the attached cnmp1ai'nt,'lt is hereby direct;fld that the part1es and their respective counsel appear befon; " Q),,,"v,, <" ~",~,I"'I 1!3::L.. , the conclliator, at ~ ~ W ("'1<''''...5L- rv'e[I-',o:':~''':1 ,_..ii~___Jl~.:"::'_,_ _____on the ::!r-cldayof 0,-( t"rn""C ._' 19_~_, at I P,(l'1. ,M., for a Pre-Hearing Custody Conference. At such conference, at effort will be made to resolve the issues in dlsputej or if thifl '=annot be accompl ished, t,o def ine and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five (5) or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a tem~orary or permanent order, FOR THE COURT: I I .' By: al.~~ ~ Llj5'(. Custody - conc'fG~~- -~f' The Court of Common Pleas of Cumberland County is required by law to comply wlth the Amerlcans ~Iith Disabilities Act of 1990. For information about accesciible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before tho court, You must attend the scheduled conference or hearing, " , YOU SHOULD TAI{E TH I S PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ailE, GO 'ro OR TELEPHONE THF.; OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTR\>.TOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 SUSAN R. MARSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA plaintiff, v. JEFFREY G. MARSHALL, NO, 96-3058 Defendant ACTION IN CUSTODY COMPLAINT AND NOW comas Susan R. Marshall, by and through her attorneys, the Offices of Fenstermacher and Associates, and fileS this Complaint for Modification of Custody, as follows: 1. Plaintiff Susan n. Marshall currently resides at 301 North Progress Avenue, Harrisburg, Pennsylvania 17109, From 1983 to May 1996 Plaintiff resided at 152 Stonehouse Road, Carlisle, Cumberland county, Pennsylvania 17013. 2, Defendant Jeffrey G, Marshall, cu~rently resides at 1126 South West Tiburan Way, Palm City, Florida 34990, 3, Plaintiff seeks majority physical custody and shared legal custody of the following child: Austin Marshall, date of birth November 3, 1988 4, The child was not born out of wedlock, 5. The child, Austin Marshall, is presently in the ~rimary physical custody of Defendant Jeffrey G. Marshall, and is in the joint legal custody of both parties, pursuant to a stipulation of the parties and entered as an Order of Court on June 5, 1996. A copy of said Order is attached and incorporated herein as Exhibit "A", I I 6. The child, Austin Marshall, resided at 152 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 from birth to June, 1996, , t , ' ,I 1 , ! 7, The relationship of the Plaintiff to the child is of I natural mother. 8, The relationship of the Defendant to the child is of natural father. 9, The Plaintiff has no information of a custody proceeding concerninq the child pending in a Court of the Commonwealth, or any other state. 10. 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. 11, The best interests and permanent welfare of the child will be served by granting the relief requested, for the following reasons: a. The arrangement of providing physical custody to Defendant has been unsuccessful as he is incapable of providing a suitable household. b. Defendant has failed to involve Plaintiff in the life decisions of thu child. c. Defendant has breached the Custody Order by not promptly and fully advising Plaintiff of significant life events of PA,L!Q.,(R cnmn BD, F' "'17-787-1415 ~v 6 '95 \:18 P,04I04 II, Every lummer for _!*loci of tIx (8) ___, which IIx (15) week porlod Wi' be loheduIed from ~rOlCim""v two (2) IlMUI Iter thl end of regularly .chedul~ IOhooI c11"" Ind wiN be lChIduled 10 thllt thl mk10r child Will be ,.uned to O...ncllflt approldmetlly two (2) WMlca prior 10 the commenCement of IchoOl, If , , ' poealble, but In the event thlt thjn IIlnldequltltlma dullng the ILlTlmer brea!c from IClhooI to alloW for two (2) WIIklI folIowInQ the end of lChool with the Defendant, a abe (8) week period wfth the PII/~ Ifld two (2) WMIcI before' the commencenwnt of eohool with ~ndant. thl ~ will Ichedule till IUml1llr vlllt8tlon 10 that . fUll abc (e) __ period II apent with IhIPllllnlltf; and 7, Such othar Ii"," I' thl partlM InIY Igree with the Intent of bIIna If thl . Pl8Intllr can tra"" to Florida It tlm.. ottIlr than lhoM lOhIduled, on reuonabll nab to thl Defendant, realonlble vt..-tIon will be arranged. 8. PlalntllY .hln hlVI the right tg unllniad telephonl calli to the ..Id minor . dllldj Au.tln MltlhaU. e. . Defandant, jeffrey.....h.... IhaII be reaponllble to, keep pralntltt', Su"". , . MalShall, p.umptly and fully ~ of 1lgI~ wenta In thl life 0' thl ..Id, minor, child, Includlno but not Ilmit.cl tol pnll't'lPIti prollicllng Plllntll'f with thl ..Id minor chld'l lChool calender, report cardl, nOUoH from lChool concerning progr... 01' problem., . any madlcal, phYltcal or emotion. dlagnoell or 1reItments.1 awan:ll, lto, BY 1l1E COUIU: ~g.. _.. ~ 'ROM ftlCOf'D 1 ""Ii , ill ''** _ tIllllV.... ~~',~ . ;= ..' '.. j' ....9 IS" 7 11 78'7 I <ll ~ II-O~-96 10: J~AW P004 .09 " ~ " ~ .... I'::':~ c: .~, .. <:'j I~ .:J '.j 9.1 - ..).;e " r- a:: \~~! (' .:T L, )m ..p p- :'q i.J 0 (, r;, ;.:: ;;j; , L~ .0 a C5 0' \', .. , " , , " " " ., , , ", !' " ,I, 'I,' ," , I, ' , " , ~il .... ~ ~ -I ~; i' ~rJ ~ c ~ ~' L ~I~~~ -~ . I~ ~ ,~','~~": I' ~ II 'iIi ~ r jE ~ ~, . s~.;j ~ J I~ . Cl a: I ~ . ~ i!l i , ' I' , " I' 1 " 'I' , , , ' ,I " ~ " . , , . , " . " , , " , ,-. . . !' L _' ',-j ," ...' . I , .. l : '., -, "(\" .. SUSAN R. MARSHALL, Plaintiff IN THE COURT OF CXXolMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 96-3058 CIVIL TERM JEFFREY G. MARSHALL, Defendant CIVIL ACTION - LAW IN CUSTODY <ltDBR OF 0CXRl' AND tof, this \ ~l. day of A ~ , : t upon coneideration of the attached Custody ~listion ordered and directed as follows: , 1997, Report, it is 1. A Hesl:'ing is scheduled in Court Room No. , of the CUni:lerland County Court House, on the .P1:5'1Ut./ day of 1997, at '1;0" o'clock, _-'L.m., at wh1cFitIiiie'testimony be taken, At the Heal:'ing, the Mother, Susan R. Marshall, shall be deemed to be the moving pal:'ty and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing ceunsel a Memorandum setting fOl:'th their position on custody, list of witnesses who will be called to testify at the HGaring and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2, In the event the Mother seeks to obtain a custody evaluati.:>n to be pel:'formed by a professional of her choice and at hel:' cost, the Father shall cooperate in the evaluation process for purposes of the required number of sessions. 3. In the event either party retains an expert or obtains any supplemental repol:'t in connection with the evaluation of the custody. situation, the identity of the expert and copy of the report must be provided to opposing counsel at least ten (10) days prior to the Hearing date. An expel:'t will not be permitted to testify at the hearing unless a written report is pl:'ovided to opposing counsel within the foregoing time frame. The pal:'ties may stipulate to the admission of a profellsional's written report into the recoro in lieu of that professional's testimony. 4, This Court's priol:' Order dated June 4, 1996 shall continue in effect pending Hearing with the clal:'ification that the Mother's period of swrrner custody shall begin at the termination of the regular school year and shall not be delayed for purposes of sUll'l11er school or additional tutol:'ing fol:' the Child, BY THE COURT, Ji!!r:((o olu.{, Mark K. Emery, Esquire - Counsel for Mother 1!"I1"'''' (7.....".,c..{ Michael A. Scherer, Eaquil:'e - Counsel for Father ,-//.2~/q /1. wI :'1". cc: ~~--'!. 'Y),drR("/ f/alJ,11-'4....- F'/}:D (',I::" ~" r' .rrr/l'\r~ ":, :, "ii'~rl oI' I 97~r:?21 , , 1:'?7 CLA'I:"", '. { /'/'/''''''/1'''''' I .. ~ 'i/\UI ..\I~\,\U~ " ..I " , " ., I,: ". 'I I I' , , " . SUSAN R. MARSHALL, Plaintiff IN THE CXlURT OF <n>lMOO PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA vs, NO. 96-3058 CIVIL TERM . , JEFFREY G. MARSHALL, Defendant I CIVIL ACTION - LAW IN cusrooy PRI<lt JtIXlB: J. WeIIley Oler aBl'a)lC aJlCILIATIQI SlMIARY RBl'(RT IN AOCDUWlCB WI'l'H CDmI!RLAND <XlIln' RllL8 OP CIVIL EWJo'" -lIB 1915.3-8, the undersigned Custody Conciliator submits the following report I 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NMB IlM.'B ~ BIRTH aJUU!Nl'Ly IN am'OOY ~ Austin Marshall November 3, 1988 Def.endant/Father 2. A second Conciliation Conference was held on April 17, 1997 with the following individuals in attendance: The Mother, Susan R. Marshall, with her counsel, Mark K. Emery, Esquire, and the Father's counsel, Michael A. Scherer, Esquire. The Father, Jeffrey G, Marshall, who resides in Palm City, Florida, participated in the Conference by telephone. 3. This Court previously entered an Order in this case on June 4, 1996 under which the parties shared legal custody and the Father had primary physical custody of the Child. The Mother filed a petition for Modification of the CUstody Order on November 14, 1996 and a Conciliation conference was held on December 3, 1996. As a result of the Conference, the Mother agreed to maintain the existing Order in reliance upon information and assurances provided by the Father by telephone at the COI\ferftnce. The Mother has renewed her request for modification of the existing Order based upon issues which the parties were not able to resolve at the conciliation Conference, Due to the long distance involved between the party's residences, there is little room for compromise on the parties' positions and a Hearing will be necessary in this matter. 4, The Mothl\lr's pOSition on custody is as follows: The Mother stated that she agreed to the existing custody arrangements in June 1996 (under which thll Father relocated with the 50n to Florida) based upon the Mother's understanding that the Father haa substantial financial opportunities in Florida with his brother who I'll ready resided there. According to the Mother, those opportunities aid not materialize and the expected benefits to the son were not fulfilled. The Mother believes it would be in the Child's best interest if he were to resiae with her in Pennsylvania auring the school year and with his Father in Florida during the sunmer. Tho Mother expressed concern that the 50n spends much of his time (every other weekday night and alternating Saturdays) with a babysitter aue to the , ! , , I, pj~1 " ~ :::l II ~~ f f~ g ~ Il .~ I Vi < , 11 I: A. . l..l . I ;E pf pj! ~ r ~ '~I ~ = .~ ~ ~ ~~~ lA, t, ~ j . I.? ..., ~I~ . Dl I ! ~ !2 " ' , , , ' , , , " ' ..". .,1 .. . . . I . , . " ' ~ .. . ' <G U , ;J9tA ~t .. . .. ,. \ SUSAN R. MARSHALL, I IN THE COURT OF CCloIl1OO PLEAS OF Plaintiff I ClI'1BERLAND COUNTY, PENNSYLVANIA I t/8~ I NO. 96-3058 CIVIL TERM I JEFFREY G. MARSIIAI,L, I CIVIL ACTION - LAW Defendant I IN CUSTODY CIUlI:!R c:I 00lRl' AND 101, this (. 'f( cllnllideration of the attached and directed as follows: day of Custody , 1996, upon it ill ordered Thill Court's prior Order c:Jat.ed June 4, 1996 shall continue in effect without modification. BY THE <XXlRT, J cc: Mark K. Emery, Esquire - Counsel f r Plaintiff/Mother Robert O'Brien, Esquire - Counllel for Defendant/Father ~, 11./4.lq~ .u.w- ,. . " (.', ,'.) I i;. ." (',..I, I , " , .. ( . ,1 ,...., c: , ':/) ;1 I :1 , " :i.:' , I ''" , fI .. .. " ,} (:J :~~ , ' " , ~ , " ~ ,. , .. "I , ., , .. , ',," .1" , ',. ..\,. l>. ,.....- ... !" Jl " .: 'j j , ~ ;r;~ '... .~ 0(' ,\ , , .,1.1' Fl. " ,I ,I, , " ~ " , Jt; ~ ~r ~ I I , rt ,\\.,., ':Ii, " ~l' ! 1 " :' , , ..j . " ," ~I'" ."I't'l:.... , , I,. , " I ,,~ ~ . I "I , " : }, >, " I I I I SUSAN R, MARSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERf,AND COUNTY / PENN~YI.VANIA Plaintiff, v, JEFFREY G. MARSHALL, NO. 915-3058 Dafendant ACTION IN CUSTODY ORDER O~" COURT AND NOW,'.:') I I '-\ I q --, . , upon consideration of the attached motion, it ls--hereliy directedthat the parties and th~ir, respective counsel appear before l'( \\,.,jl~\ 'S, \, \"11(~ f"~~\~__ _" ____, the concUrator, at ,::::8 ~ ~..!~ (""'l\-,(\,\\l' \~. L'j on tile ~_ day of 1\ C \ \ _, _I 19 '1'., at --Sf: OC'J ~,M., for a Pre-Hear ng Custody Conference. At suCh conference, at 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 ff ve (5) 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 'rHE COURT: By~;-D(1bf1\. r} ~,ll~(~' (\,l):) Custody C~11a or The Court of Common Pleas of Cumberland County is required by law to comply with the Americans ~,ith 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 seventy-two (72) hours prior to any hearing or business before the court. You ml!st attend the scheduled conference or hearing. 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 SE'!' FORTH BELOW 'TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 6. Plaintiff wishes to move this matter forward to trial, and therefore requests a Custody Conciliation Conference to address the issues to be raised at trial, " WHEREFORE, Plaintiff Susan R. Marshall respectfully requests this Honorable Court issue an Order scheduling a pre- hearing custody conciliation conference, Respectfully Submitted, '.1 FENSTERMACHER ANO ASSOCIATES ,. , /' '" 'Y'~. '. / /' B. ,y'/ S ,,J-' /, , y. / ," '" ././.,.,.. ./~ Mark 1<. Emery c/. Supreme Court 10 #72787 5232 East Trindla Road Mechanicsburg, PA 17055 (717) 691-5400 DATE: March 7, 1997 'J :1 j ~I ' I.., I: ..., ._1' i.,. -, t- I."'J') ,r: r ,"; '.. , f"':. c;:, , " " '! C,;!. , (/1 ~'l ~ d " ,I. I ..... ,. Ll, ,... r.; ( J en (,i " "j. 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L'" , SUSAN R. MARSHALL, Plaintiff v. JEFFRBY G. MARSHALL, Defendant I 1 'I 1 1 1 1 IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. 96-3058 CIVIL TBRM ORDER OF COURT ANb NOW, thiB 22.., 1 day of April, 1997, upon agreement of counsel, the hearing previously echeduled in this matter for June 23; 1997, is RESCHEDULED to Wedneeday, July 30, 1997, at 9100 a.m., in Courtroom No, 5, Cumberland County Courthouee, Carlisle, Penneylvania. Mark K. Emerr' Eeq. 5232 Eaet Tr ndle Road Mechaniceburg, PA 17055 Attorney for Plaintiff Robert L. O'Brien, Eeq, 17 Weet South Street Carlisle, PA 17013 Attorney for Defendant Irc , ",""'-''i' ,J, ~.,~~; '" , BY THE COURT, ( t' Wesley e~;""" ~J.., 't/a3/n , ~.~, (') '-0 .::') t': -.I It JI' "':"':1 I'U . (111'1: , I 'i4_'] ..:-~ ,J) ) ::(~ ",' '.) ~,~" ~, I",j " .\ t~"( , ." ':n ~; ;.: 1.-,- -, ,. ~ C') ,""'1. .. ~".) ';1'11 . 'n '.::J :~ 'It :..; ....-.1___"....-..,,....',.,,._10 r:;; " him C\T;CS " '.''','''1,' {"i'( n, I ~ .~, ,I' " , , " 'I. ~I! ' ,I L' . C'~,t.. ~, , I ' " : . I J,' I ' \, I-'U'ldSil.V,\'ili\ " , I " , , 'I A , " '" I' " I, ,p j , , , , , " , , ,,' ,.' \1, " " l~' ;:l,: ., I':', ;'r 1\' ~ I. I j' "It ,. ,. " f ,Ii'" " .' " " , , .. , "' ."", II 'l1rJCl6 of . SUSAN MARSHALL, PI.lntlff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~& :~sY' 6ljt/A~-I#, : CIVIL ACTION. LAW : IN CUSTODY v, JEFFREY MARSHALL, Defend.nt ORDER AND NOW, this ~ day of 1'1.> 11 (.. , 1996, after consideration of the Plaintiffs Petition for Custody with Joinder by Defendant, it Is hereby ordered and decreed that Plaintiff, Susan Marshall, and Defendant, Jeffrey Marshall, are granted Joint legal custody of the said minor child, Austin Marshall, with primary physical of the said minor child, Austin Marshall, with the Defendant, Jeffrey Marshall, subject to the following ,tarms, conditions and periods of temporary custody In the Plaintiff, Susan Marshall: 1, The weekends of June 1 and 2, 1996; June 8 and 9, 1996; and June 15 and 16, 1996, from Saturday morning at 9:00 a,m, to Sunday evening at 7:00 p,m,; 2. Every Columbus Day weekend from the end of school on Friday to Monday at 7:00 p.m.; 3. Every other Thanksgiving weekend in odd-numbered years, commencing In 1997 from the Wednesday before Thanksgiving at 5:00 p.m. to the Sunday following Thanksgiving at 7:00 p.m.; 4. Every other Christmas holiday in even-numbered years, commencing In 1996, from the end of regularly scheduled school days, prior to Christmas to the following January 1 at 7:00 p.m.; 5. Every Easter from the end of scheduled school classes prior to Easter (which would be the end of classes on the Thursday preceding Easter If the minor child's school is not scheduled for Friday) until Easter Sunday at 7:00 p.m,; FllED-Omce OF' THE' rl.r.1n V:NOTN1Y :,! r- 96 JlJtJ -~ AH 81 10 I' CUMi.;tjli.i,...; (,l,U1Jl'f P!::NNSYLVANIA ',' ,I: " " " , , " ',I, , " " " "II ~ '.; ;,. ,) , i , \\ ~ ~ '~ \-) I ~ ~ I") ~ ~ .~ IV\ ~~ ~~ ~! ~ ~ " , " , , 1-,.' I' , j :1, , ~~ '1 .~. . ~~ ~ iL ~I ~ . a~ ~~~ ~ ~~ ifi . I ~~ . ~ ~ ~ ~ Ii . II I ~ g E. ~ !; o ::> U Ei~ I z ~ . ~ m . ~~ 2 ;1 i " " . . NICHOLAS & "'()REI\I;\~ , I. ',:l86~f ./ . '. 8. During the period from his birth until the present, the said minor child, Austin Marshall, has resided at 152 Stone House Road, Carlisle, Cumberland County, Pennsylvania; from his birth until May, 1996, Plaintiff, Susan Marshall, and Defendant, Jeffrey Marshall, have resided with the said minor child. During the month of May, 1996, Plaintiff, Susan Marshall, separated from Defendant, Jeffrey Marshall, and since that time, the minor child has continued to reside at 152 Stone House Road, Carlisle, Cumberland County, Pennsylvania with Defendant, Jeffrey Marshall. 9. Defendant has advised Plaintiff that Defendant plans to relocate to the state of Florida on or about June 20, 1996, and desires to take the said minor child, Austin Marshall, with him. 10. No person(s) not a party to this transaction are known to the Plaintiff to have had physical custody or claims to custody or visitation with regard to the said minor children. 11. The best Interest and permanent welfare of the said child will be served by granting Joint legal custody to Plaintiff and Defendant and physical custody of the said minor child, Austin Marshall, as set forth hereinafter: (A) Primary physical custody of the child to be In Defendant, Jeffrey Marshall, subject to periods of temporary physical custody In the Plaintiff, Susan Marshall, as follows: (I) The weekends of June 1 and 2, 1996; June 8 and 9, 1996; and June 15 and 16, 1996, from Saturday morning at 9:00 a.m. to Sunday evening at 7:00 p.m.; (iI) Every Columbus Day weekend from the end of school on Friday to Monday at 7:00 p.m.; (Iii) Every other Thanksgiving weekend In odd-numbered years, commencing in 1997 from the Wednesday before Thanksgiving at 5:00 p.m. to the Sunday following Thanksgiving at 7:00 p.m,; (Iv) Every other Christmas holiday In even-numbered years, commencing in 1996, from the end of regularly scheduled school days prior to Christmas to the following January 1 at 7:00 p.m.; (v) Every Easter from the end of scheduled school classes prior to Easter (which would be the end of classes on the Thursday preceding Easter If the minor child's school Is not scheduled for Friday) until Easter Sunday at 7:00 p.m.; " (vi) Every summer for a period of six (6) weeks, which six (6) week period will be scheduled from approximately two (2) weeks after the end of regularly scheduled school classes and will be scheduled, If possible, so that the minor child will be returned to Defendant approximately two (2) weeks prior to the commencement of school, but In the event that there Is Inadequate time during the summer school break to allow for two (2) weeks following the end of school with the Defendant, a six (6) week period with the Plaintiff and two (2) weeks before the commencement of school with the Defendant, the parties will schedule the summer visitation so that a full six (6) week period Is spent with the Plaintiff; (vii) Such other times as the parties may agree with the Intent of being that, If the Plaintiff can travel to Florida at times other than those scheduled, on reasonable notice to the Defendant, reasonable visitation will be arranged. (6) Plaintiff shall have the right to unlimited telephone calls to the said minor child, Austin Marshall. (C) Defendant, Jeffrey Marshall, shall be responsible to keep Plaintiff, Susan Marshall, promptly and fully advised of significant events In the life of the said minor child, Including but not limited to, promptly providing Plaintiff with the said minor child's school calendar, report cards, notices from school concerning . , I" , I " ~i ~ ! i ~~ ~~ ~ . ~ e~ ~~I . ~I ~~If~ f~ II i I ~~ ~~[ . !; ~ ] ~~ o ~ ~ ~I ~ !!i Ilt ~ Z J: ~ . ~~ ~ .,;" ~ ~ '. , ~. .'~ . ~ NICHOI.A!i & FOREMAN . .. I . 1 LIRtI.. ,iliN I) :"'\1 I. ,. SUSAN MARSHALL, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION. LAW : IN CUSTODY JEFFREY MARSHALL, Defendant JOINDER FOR CUSTODY AND NOW, comes Defendant, Jeffrey Marshall, and respectfully represents as follows: 1. The Defendant Is an adult Individual, presently residing at 152 Stone House Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is the father of the minor child, Austin Marshall, born November 3. 1988, and presently approximately seven and one-half (7 1/2) years of age. The mother of the child Is the Plaintiff to the above-captioned action, Susan Marshall. 3. Defendant, Jeffrey Marshall, has reviewed the Petition of Plaintiff, Susan Marshall, for joint legal custody and primary physical custody of the said minor child In Defendant, with periods of temporary custody In Plaintiff, and other conditions, and Joins In the request of Plaintiff for the same. 4. Plaintiff and Defendant agree that such a custody arrangement with the conditions set forth In Plaintiffs Petition is In the best interest of the said minor child, Austin Marshall. 5. The said minor child has resided, from his birth until May, 1996, with Plaintiff and Defendant at 152 Stone House Road, Carlisle, Cumberland County, Pennsylvania; from May, 1996, until the present, the said minor child has resided at the same address with Defendant, Jeffrey Marshall. I. I f I VERIFICATION I verify that the statements made In this Pleading are true and correct. I undel'8tand thllt false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. " \ I ( \ (f.'/I.\.J( Dated: " ," .. false and unfulfilled. By way of further response, it is admitted ~hat Respondent was aware that Petitioner would relocate, with Austin, to Florida. This was agreed upen based upon Petitioner's representation that his brother, KAnneth Marohall, would provide housing for them, and also help Petitioner find employment. At the time of the June 4, 1996 OrdAr, Petltionet" was unemployed. However, p~titianer Wft9 asked to leave his brother's residence due to his refusal to control or discipline Austin, and Petitioner'S failure to look for employment, 5. Denied. Austin has b90n in Florida since on or about July 1, 1996. The Complaint at bar was filed on November 14, 1996. The issues were therefore raised over seven (7) months ago, and again raised at the December 3, 1996 conciliation conference. At no time prior to the date of the instant petition did Petitioner raise an issue of jurisdiction. The Court. has set a hearing date for J,uly 30, 1997. Further pursuant to the current Custody order, Austin will be in Pennsylvania on the hearing date, as RAspondent has custody of Austin during the summer months. The part ies have agreed to submit to an expert custody evaluation, to be conducted by Dr. Stanley Schneider of Guidance Associates of Pennsylvania. The evaluation is scheduled to occur on July 19, 1997. The matters vlhich petitioner asserts have a greater jurisdiction~l nexus with Florida may he addressed simply through the testimony of petl tioner, or through hi s answers to Interrogatories previously served. Further, petitioner has made no attempt, or ~howing why such attempt could not be made, to adduce any allegedly necessary testimony by deposition as allowed under 23 Pa. C.B.A. S5359. 6. Admitted that Respondent has a concarn over Austin's school performance ovnr the past year. All r8cords and information regarding th,~t performance an! ('Asily obtRinabl'J, in fact, such documents have already been provided by the Bchool to Respondent. Further, evidence relating to Austin'S school performance prior to the 1996/1997 school year ace presont in Pennsylvania, as Austin had previously attended school in Cumberland county. By way of further response, Respondent incorporates paragraph 5 fully herein. 7 . Denip,d. Petitioner sets forth an incorrect conclusion of la'.~. It is assumed that Petit.ioner is citing to 23 Pa. C.S.A. 55343. under such statute, the home state is: "The state .in which the chi ld immediately' preceding the time involved lived with hii parents, a pacunt or a person acting as parent, or in an institution, foe at least six (6) consecutive months 23 Pa. C.S.A. ~5342" The home state of a child is deterMined at the date the action is commenced. fuLl! Hatto\!!U_Y,..._tl<!.tJ,Q!Jm, 295 Pa. Super. 169, 175, 441 A.2d. 403, 406 (1982). This proceeding was instituted on Noveniber 14, 1996. At that time Austin had been in Florida fOL only approximately foue (4) months. As such Pennsylvania was the , home state of Austin at the time this Complaint was filed. 'l'hls Court has jl.lcisdiction over t.his matter under 23 Pa. C.S,A. S5344 (a)(l)(i) and (li), as Pennsylvania was the home state of Austin on November 14, 1996. This home state jurisdiction predominates any other alleged basis for judsdiction. IUA~jL.ll,,- Black, 441 Pa, Super. 158, 365, 657 A.2d 964, 968 (1995). 8. Denied. Petitioner sets fort.h an incorrect conclusion of law. It is assumed t.hat petitioner is citing tCl 23 Pa, C.S.A. S5348. This Court is not an inconvenient forum, as it is t.he home state of Austin Marshall. Austin lived in Pennsylvania from his birth on November 3, 1988 to July of 1996. At the timl~ this action \'las commenced Austin, and Pet. it ioner, had Ii ved 1:1 Florida for only four (4) months. All evidence needed to determine this matter may be presented by Petitioner, personally, or through school records which are readily availablo for review hy this Court. The school records of Au"tin for years prior to 1996 are available for this Court as the s~hool was located in Cumberland County. Addit ionally, the test,imony of K,:;nneth Marshall, whom petitioner was residing with of thfi t.ime the Complaint was filed, will be presented by Respondent. petitioner makes no showing as to what evidence to which t.o this Court does not have access. Dr. Stanley Schn'l ider I of Guidance Associates of Pennsylvania located in Cumberland county, i9 scheduled to conduct a custody evaluation involving all parties. This evid8nce is best presented to thJ.s Court.. Pet I. t loner' refused t.O sat. up such evaluation in 1"lor ida, daspi te Respr:lOdent agreeing t.o trave 1 t.o Florida for such procedure. It is assumed that petitioner is citing co 23 Pa, C.S.A. S5348(g). It is denJ.ed that Pennsylvania is ~n inconvenient forum. " WTIFICATE-9l.....[~ AND NOW, this '3 __ day of July, 1997, I, Mark K. Emary, Esquire, hereby certify that I have served the foregoing plaintiff/Respondent Susan R. Marshall' B Answer to Defendant I s Petition Requesting Review of Judsdictlon by man ing a true and correct copy by United States first clnss mall, postage prepaid, addressed as follows: ROBERT O'BRIEN, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISI~, PA 17013 Respectfully submitted, FENSTER~IAr.HER AND ASSOCIATES ~'''''~''''''/ /~Jt~ .- /' R: - .'" L. 7.~.-::;;;-~ Y ,,...::1kW;f.Z --/"-. - -,---- Mar ' . maory Supreme Court I,D. #72787 5232 East Trindle Road M~chanicsbur.g, PA 17055 (717) 6')1-5400 Attorney for plaintiff , ij , I " , , " .... OJ r." ~l~ U'. ~:~ ..', " " I; t~ \lJ~) : , (OJ''' .... , I" , . .... , \~\.~ cy'} (' , " I "" I ~ ~ r [II , " , " .;, ~ -'- , ,. .' , II (" ':J (" f,:;<; \..) , " ,,' " , ' ,I , ' 'I 'I " , , , " " ,.' " " " '>, '0 t,. -'j , , .' u( ('; (, , I I r, ',,~ j " ri" , f '. , I r '-' '.' (I, I' III I I << I :. I iii I "" I ~ I ... I ~ Q., . .... ." 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I verify that the statements made In the foregoing P9tltlon 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 ofl8 Pa, C,S, ~ 4904, relating to unsworn falsification to authorities, ~')!~ Robert L 'Brien, Esquire Attorney for Jeffrey G. Marshall Dated:~ " " . - . ., SUSAN R. MARSHALL, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 96-3058 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY " V. JEFFREY G. MARSHALL, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, comes Robert L. O'Brien, Esquire, attorney for Jeffrey G, Marshall, and certifies that he did this 19th day of June, 1997, make service of the Petition Requesting Review of Jurisdiction and Order of Court upon Mark K. Emery, Esquire, attorney for Susan R. Marshall, to his offices located at 5232 East Trind\e Road, Mechanlcsburg, Pennsylvania, 17055, by placing same In the U,S. First Class Mall, postage prepaid. O'BRIEN, BARIC & SCHERER ~~ ' . . BY: Jo6.d ;;J 03..' ___ Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 , , , " " , , ' , ' , , .' , is: '.Il r: ~ N .. r:',,,;, ~'-? N _,J,'" ~t) I ) r~, '.;',.' 0,. .' .- }: ... ,; en ' .' ~ f.) j.t. I.;j::,-:O Ei: " .. ' ..r1i r':" ~1 : L.. II, .... t!.>,} () 0' () ., ;, t IJ' 1~,1 1'\ t" ,:1: ~:' ' "I ! " ,-',I \!. , 'i'l ,'j,' ,\l. P 'Vi '" \~l..! {('. ". 'Ii;, ," ft!. r,I" !c.. " - . . " ~ or- :.i\ rn _Cl;r1r:':- -,",' , q" JIll ~ IJ ;,,', I!i; ~ S CI"\'" " '.11\',' .I'.,r -, \\Jli,,!(I:1 'l!II' "I( ,,' , " , , " " " , " " I, I I 4. Due to the forngoinq schadule, a clustody ollaluation inllollling tho? mothor, father and child could nO\: be achedlJlod until July, 1997. 5. A custocly ellaluation is scheduled t')r July 19, 1997, to be conducted by or. Stanley ~. Scheld~r of auidonce Associates of Pennsylllania, Ii. Or. Schp.ider I <5 report cannot be ClII,!lilable he fore July 24, 1997, which is untiwlly under the Court's April 18, 1997 Order. "/. Defcmdant I s coun:'iol, Rob,,':t 0 I fH'iell, has consented to an axtonsion to July 24, 1997 to submit Dc. Scheider's expo:t custody ellaluation. fl. Such Clxtension WQuld allOl'/ th~l Court to conduct a full hC!aring, 113 schedulod, on July 30, 1997. WHEREFORE, ?J aintH f , Susan IL Marsha 11 respectfully requests this Honorable Cour.t amend it's Order of April 18, 1997 to allow the submission of Dr. Scheider's expert custodyeval uation by no later. than July 24, 1997. Respectfully Hubmitted, FENSTERMACHER AND ASSOCIATES ~ ." ,.-' ,//' By: /?r,;, /' /.d ...~--~ . -~--'-~~_..__.._- ~la r.k !C HI'" [Y Supreme eoure I.D. #72787 5232 F.ast Trindle Road' Hechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: /'- 3- &( l SUSAN R. MARSHALL, Plaintiff IN THB COURT OF CXX>lIQl PLEAS OF CUMBBllLANO COONTY, PENNSYLVANIA VS. NO. 96-3058 CIVIL TERM JBFFREY G. MARSHALL, Defendsnt : CIVIL ACTIOO - LAW IN CUsrODY ~ fX' cnm AND lOf, this ~ day of upon cOllllideration of t~ CUstody ordered and directed as follows: n b: ~. , 1997, Concl'PfailOll Report, it is 1. A Hearing is scheduled in Cour;t Roan No. ~' of the C\m'berland County Court House, on the .:nlltt day of ....' 1997, at ~ o'clock, --l3.-.m., at which time testimony n t s case will be taken. At \:he Hearing, the Mother, Susan R. Marshall, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties Ilhall file with the Court and opposing counsel a Memorandum setting forth their position on custody, list of witnesses who will be called to testify at the Hearing and a swrmary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. In the event the Mother seeks to obtain a custody evaluation to be performed by a profeseional of her choice and at her cost, the Father I!hall cooperate in the evaluation process for purposes of the required nurrtJer of Bessione. 3. In the event either party retains an expert or obtains any supplemental report in connection with the evaluation of the cuetody situation, the identity of. the expert and copy of the report must be provided to opposing couneel at leaet ten (10) days prior to the Hearing date. An expert will not be permitted to testify at tho hearing unlees a written report is provided to opposing counsel within the foregoing time frame. The partiee mey stipulate to the acbission of a professional's written report into the record in lieu of that prOfessional's teetimony. 4. This Court'/J prior Order dated June 4, 1996 shall continue in effect pending Hearing with the clarification that the Mother'e period of sunmer custody shall begin at the termination of the regular echool year and shall not be delayed for purposes of sUllll1er school or additional Tm~r~p~r F'itc5~WtoRD In TCflm"ny \',Imenf, I hMe unto 5lIlt my hand BY THE CaJRT, and Ihd s~al of said Court at Carlisle, Pa. Thls,9.J~.day oL..~, 19jJ I IS /2, I, ~~ ~~ r- 'N""."~':C""""'-l..,~~~ J. W ley 0 er 'tf ' ---0 PrOlhonotlry cc: Mark K. Emery, Eequlre - Counsel for Mother Michael A. Scherer, Esquire - Counsel for Father " !,'I ,,\ JJ' I" ^'j ,';l .' 'AI I. f;" , I ;, d ,. Ii! I,' I I , " " " ,'I " " I , EXHIBIT "e" 't', IJ ~-:,; ',I I , " -,( ;t, ~ If I, , I '" , , , , t , ,~J, , " '.j 1-' " , , I I ,I " , " I, 'I ", e. . Every lummer for . pertod of tIx (8) weekI, Which IIx (8) week period W.I be loheduled from IIpPr~lCIm"'lV two (2) WMk. Iter the ~d of~ regullr1y lChedu/lId . IClhooI c:II.... Ind wi" be lChIduled 10 lhet thl rMtor cfltld WIll be retumId to OefIIndant IPplOldm8tltlv two (2) weekI prior to the, commencement of Ichoo~ If poMlbIe, but In the event that thjn IIln8dequ. time dullng th. llerner b....jc flam IChooI to IIIIow for two (2) ~ followInG the end of lChool with the Defendlnt. . Ibc (e) week period with the PI8I,. end tWo (2)weekI before the COnwnll'lOllment of. eohool with o.t.ndll'lt. the ~, will ,ct*lule 111. lummer vllltatlon"lO thet a fUn Ibc (8) week period IIItpent with thePI.llnt1ft; and . 7. Such other tll'llM a. the pertlu IIIIY .g.... with the Intent of being If the . PlIlIntlff cen travel to F10IIda '" tlmel other thin thole lCheduled, on reuonebte notice to the Defendant, ,.e.onable v11~tlon will be arranged. . 8. Pl8lnt1lf Ihan hive ~ rtght to unllmltl8d telephone calls to the ..Id minor . child, Aultln Mmhall. 9. . Defendlnt. jeffnly ,.,.hllll, .....11 be ,..pona~ to. keep' PI_lntlff, Su..." MIrIheH, pt",,~1y and fuUy ~ ~ ~ eYenta 11'1 the life of the ..Id. minor, child, Includll\f;l but not tlmlbld tol promptly prcMdlng Plaintiff with the Mid minor chld'l lChool calend8r, report cardl, nCltIpel from lChool. 9O"cemlng progr... or probMml, . any medlCll, phYllea1 or emotion.. dlegflOl\$ OI'treetments.. awards, ItO. BY lltE COURT: /<r/ () . .JfM/tJ! tJ./u..,! ~ '-r-~ . .' 'J . . , ' , ' _ ~ FAOM AICQI'D iji1"'~U;~'-ilv.~~~"~;:'.~~- 11III .~ _ ." :L 9 . ~~,~ = -, ,..,.., ;. '. ' ,;:-' ,".\"',: . ':'" I( I ' ~.. " 'i " . .. " , "j.' ,-,: ..95'" 717 787 141~ 11-08-98 10:38AM '004.09 I, , , " ," , , ...' f'" .~ t' ~I': I" i " , . , .. I 1l.11':, l~J , " ,.0 {I, .,' 1""'1 .. "'0 i l'T/' ,- V') COI', I ~ ,. " ~, ",/ " f ~' Ii..:... I ~ ;} " r- U 0' U , , , ,I \ . ,'. SUSAN R. MARSHALL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . v. . CIVIL ACTION - LAW . 1 IN CUSTODY JEFFREY G. MARSHALL, 1 Defendant 1 No. 96-3058 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 1997, upon coneideration of the Defendant's petition requesting review of jurisdiction, which in 8u~stance has been said to reque.t the Court to transfer venue in this ca.e to Florida on grounds of forum non conveniens, is denied. Defendant's oral motion in court on this date for coete and attorney's fees, which is also contained in the afore.aid petition, is deem8d premature and may be raised at a later time, if Defendant's counsel feels it appropriate. By the MARX K. EMERY, ESQUIRE For the Plaintiff ROBERT L. O'BRIEN, ESQUIRE For the Defendant (,-.....u:....., ,.,,:<Mf~.l1fI'llq'1. ~(J- .&.f. wcy !':I.I i') f~ (:/: " '1 , I' I . "1'/"'" " ,:11 ,9HIIr, ..1. (:111117 r'l't. , , ~, ~h,;'.1 " ; ! ,H.J~('';~J i'i '. '/ r, I' "1~ 1 r! )1 ii " 'I, , , , I , " \, ! I " ",1 " , " " , " 'I, I. , ,'I' , , " t.'. I,' II '.. F r.1 ,I ).., I \" r, 1>,'., , , " " , , I' "I. I, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LN CUSTODY SUSAN R. MARSHALL, plaintiff JEFFREY G. MARSHALL, Defendant No. 96-3058 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 1997, upon consideration of Plaintiff's request for modification of custody with respect to the parties' child, Austin Jeffrey Marshall (d.o.b. November 3, 1988), and following a hearing held on July 30, 1997, it is ORDERED a~d DIRECTED as follows: 1. Paragraph six of the Order of Court dated June 4, 1996, respecting Plaintiff'a periods of temporary custody during the summer, is AMENDED to read in its entirety: 6. Every summer for a period beginning one week after the end of school and ending one week before the beginning of school, with the exception of a one-week period in the middle of the summer to be chosen by the Defendant. 2. In all other respects, the Order of Court dated June 4, 1996, shall remain in full force and effect. By the Court, J MARK K. EMERY, ESQUIRE For the Plaintiff ROBERT L. O'BRIEN, ESQUIRE For the Defendant ~.... ('I>\<w.'<l. '8/tJ q'/, .j!.. f>. wcy 0.:: nu r: ('rI'::C;_~' ",,, '" ''''', "I)V j, ,/11 f 97 i!/fG ...f ,If '1,/111 1/ I 17 ""/\' , , 'V~l iL", 1: . F'U,\,;..,'{' /.;,'), ,;, ,.,/ "I,I! :, " ','