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HomeMy WebLinkAbout07-0740r TOBIE L. HICKEY, Plaintiff V. JUSTIN D. HICKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 'jilt) IN DIVORCE NOTICE CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. A& TOBIE L. HICKEY, Plaintiff V. JUSTIN D. HICKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7 Yd CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(0) AND MD OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Tobie L. Hickey, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Justin D. Hickey, representing as follows: 1. The Plaintiff is Tobie L. Hickey, an adult individual residing at 220 B Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Justin D. Hickey, an adult individual currently in the United States Military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on May 23, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 2 C WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: Supreme urt I.D. No 25476 West Pomfre nal Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: February 6, 2007 3 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. TOBIE L. HICKS Date: FEBRUARY 6, 2007 4 TOBIE L. HICKEY, Plaintiff, V. JUSTIN D. HICKEY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 79'0 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: FEBRUARY 6, 2007 ( C / c TOBIE L. HIC L. HIC Q 5 b W 1 O 1 '?J_ V' a b f r-J GJ ej r? r, T ? t .. } { TOBIE L. HICKEY, Plaintiff V. JUSTIN D. HICKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Tobie L. Hickey, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Tobie L. Hickey, is an adult individual with an address of 200 B Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Justin D. Hickey, is an adult individual in the United States Military currently serving in Iraq, Charlie Troop 3-4, Calvary APO AE 09351. 3. The parties are the natural parents of one (1) child, namely, Savannah R. Hickey, born March 24, 2004. 4. The parties were married on May 23, 1997 and separated on September 1, 2006. 5. The child is in the temporary physical custody of Plaintiff's parents, Robin and Dwaine Heberlig, 532 Baltimore Pike, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 6. The Plaintiff desires that the natural parents have shared legal custody of the minor child, Savannah R. Hickey. 7. The Plaintiff desires primary physical custody of the minor child, Savannah R. Hickey, with periods of temporary physical custody to Defendant as the parties can agree when he returns from Iraq. The Plaintiff also requires immediate custody of Savannah from her parents. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Tobie L. Hickey, respectfully requests that she be awarded primary physical custody and shared legal custody of Savannah R. Hickey, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Ma s A. M fight, III, Esquire Att e Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: February 6, 2007 y- • 41 _ VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. L TOME L. HICKEY Date: February 6, 2007 '7 ti W 1 0 `f1 i Ste? CD -rt 1 ',1 CFI TOBIE L. HICKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN D. HICKEY DEFENDANT 07-740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 16, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at- 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or 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/ john j. Mangan, jr., Esg. ? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 sue- CD- o? ?, VINVIN,-NN I ?i?ii?ti?t?Jr ? ?"?'? wy?i ic? P, Z :C Wd OZ 83d LOOT , i''1t P d } 1 :ci 3Hi ?o V TOBIE L. HICKEY V. JUSTIN D. HICKEY Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-740 CIVIL TERM IN CUSTODY PETITION FOR GRANDPARENTS' INTERVENTION IN CUSTODY ACTION 1. Petitioner is, ROBIN A. HEBERLIG, an adult individual residing at 532 Baltimore Pike, Mt. Holly Springs, Pennsylvania 17065-1027. 2. Respondents are TOBIE L. HICKEY, an adult individual residing at an address with unknown street number on Mountain Road, Mt. Holly Springs, Pennsylvania 17065, represented by Marcus A. McKnight, III, Esquire and JUSTIN D. HICKEY, an adult individual currently residing in the United States military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. 3. On or about February 6, 2007 the Respondent, Tobie L. Hickey filed a Complaint for Custody at the above docketed action. [A copy of the Custody Complaint is attached hereto as Exhibit I] 4. Though Tobie L. Hickey averred in her Custody Complaint that the child, Savannah R. Hickey, was in the physical custody of Petitioners, Robin A. Heberlig and Dwaine R. Heberlig, Tobie L. Hickey did not identify Robin A. Heberlig and Dwaine R. Heberlig as parties to the custody action. 5. Petitioner, Robin A. Heberlig seeks to become parties in the above captioned custody action and desires to file a complaint in the form as is attached hereto as Exhibit 2. 6. Petitioner has standing to intervene in this custody action for she could have been joined as an original party, and the determination of the custody action may affect her claim to custody of Savannah R. Hickey. Petitioner notes that she avers the basis for her standing as grandparent in the complaint that is attached hereto. 7. A conciliation conference in the custody action previously filed was originally scheduled by Conciliator John J. Mangan, Jr., Esquire to occur on Friday, March 16, 2007 at 2:00 p.m. 8. Petitioner understands that the original conciliation conference has been rescheduled for Friday, March 23, 2007 at 2:00 p.m.. 9. No judge of the Court of Common Pleas of Cumberland County has yet been involved in this case. 10. Respondent, Justin D. Hickey is not available to express concurrence or opposition to this Petition. Respondent, Tobie L. Hickey, though her counsel, Marcus A. McKnight III, Esq., has not expressed either concurrence or opposition to this Petition. WHEREFORE, Petitioner prays that Your Honorable Court shall grant leave to Petitioner to intervene by filing her custody complaint and that the complaint be referred to John J. Mangan, Jr., Esquire, the Conciliator for a prehearing custody conference. Respectfully submitted, ANDREWS & JOHNSON By: ylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: a rc? O &w @Dbuiu ou Robin A. Heberlig, - q?? Plaintiff 1 TOBIE L. HICKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-740 CIVIL ACTION LAW JUSTIN D. HICKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 16, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or 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/ , ohn,T. Mangan, Jr., Esq. e,J Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 EXHIBIT 11 1 1. 4 00? •"? .. TOBIE L. HICKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - ?!YO CIVIL TERM JUSTIN D. HICKEY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Tobie L. Hickey, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Tobie L. Hickey, is an adult individual with an address of 200 B Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Justin D. Hickey, is an adult individual in the United States Military currently serving in Iraq, Charlie Troop 3-4, Calvary APO AE 09351. 3. The parties are the natural parents of one (1) child, namely, Savannah R. Hickey, born March 24, 2004. 4. The parties were married on May 23, 1997 and separated on September 1, 2006. 5. The child is in the temporary physical custody of Plaintiffs parents, Robin and Dwaine Heberlig, 532 Baltimore Pike, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. L. ;a- +\ • 6. The Plaintiff desires that the natural parents have shared legal custody of the minor child, Savannah R. Hickey. 7. The Plaintiff desires primary physical custody of the minor child, Savannah R. Hickey, with periods of temporary physical custody to Defendant as the parties can agree when he returns from Iraq. The Plaintiff also requires immediate custody of Savannah from her parents. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Tobie L. Hickey, respectfully requests that she be awarded primary physical custody and shared legal custody of Savannah R. Hickey, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, By: IRWIN & McENIGHT A* III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: February 6, 2007 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. L TOBIE L. HICKEY Date: February 6, 2007 41 ROBIN A.HEBERLIG, V. Plaintiff TOBIE L. HICKEY, Plaintiff/Defendant V. JUSTIN D. HICKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION NO. 07-740 CIVIL TERM ORDER OF COURT AND NOW, , 2007, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before John J. Mangan, Esq., the conciliator, at 4t' Floor, Cumberland County Courthouse, Carlisle on the 23rd day of-March, 2007, at 2:00 o'clock, p.m., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 EXHIBIT 40 ROBIN A.HEBERLIG, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION TOBIE L. HICKEY, Plaintiff/Defendant V. JUSTIN D. HICKEY, Defendant : NO. 07-740 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Robin A. Heberlig, an adult individual residing at 532 Baltimore Pike, Mt. Holly Springs, Cumberland County, PA 17065-1027. 2. The Defendant, Tobie L. Hickey, is an adult individual residing at an address with unknown street number on Mountain Road, Mt. Holly Springs, Cumberland County, PA. 3. The Defendant, Justin D. Hickey, is an adult individual currently in the United States Military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. 4. Plaintiffs seeks custody of the following child: NAME RESIDENCE DOB AGE Savannah R. Hickey 532 Baltimore Pike, Mt. Holly Springs, PA 3/24/2004 nearly 3 [until removed at direction Pa. State police to Tobie Hickey on 3/19/2007] The child [hereinafter sometimes referred to as Savannah] was not born out of wedlock. The child was in the custody of the Plaintiff, Robin A. Heberlig, from January 3, 2007 until she were forced by a Trooper of the Pennsylvania State Police to deliver custody to Defendant, Tobie L. Hickey, on Monday, March 19, 2007. During their life, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Both Defendants Defendants and Plaintiff Both Defendants Ft. Leonardwood, MO March 2004 to Sept 2004 532 Baltimore Pike, Mt. Holly Springs, PA Sept 2004 to October 2004 Hawaii, at 3 separate addresses October 2004 to August 2006 Defendant, Tobie 532 Baltimore Pike, Mt. Holly Springs, PA September 2006 1. Hickey with Plaintiff Defendant Tobie 200B Forge Road, Boiling Springs, PA October 2006 to January 3, 2007 I. Hickey Plaintiff, Robin 532 Baltimore Pike, Mt. Holly Springs, PA Jan. 3, 2007 to March 19, 2007 A. Heberlig Defendant Tobie Mountain Rd., Mt Holly Springs, PA March 19, 2007 to present r I. Hickey, Jeremy Ayers and his daughter The mother of the child is Tobie I. Hickey, who currently has an address at 200 B Forge Road, Boiling Springs, Pa, but who is believed to be living at the home of Jeremy Ayers on Mountain Rd., Mt. Holly Springs, PA. She is married to Defendant, Justin D. Hickey, though she has commenced a divorce action at the above term and number to terminate the marriage. The father of the child is Justin D. Hickey, currently in the United States Military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. He is married. 5. The relationship of the Plaintiff to the child is that Maternal Grandmother who has had custody of the child since January 3, 2007. The Plaintiff currently resides with the following persons: Her husband, Dwaine R. Heberlig. 6. The relationship of the Defendants to the children is that of Mother and Father. The Defendant, Tobie I. Hickey, currently [Since March 19, 2007] resides with the following persons: Savannah R. Hickey, Jeremy Ayers, and his daughter. 7. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the custody complaint filed this same number by Tobie I. Hickey. 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. 8. Plaintiffs standing to pursue physical custody of her grandchild, Savannah, is based up the following as per 23 Pa.C.S.A. §5313: A. Plaintiff has genuine care and concern for Savannah. B. Plaintiff had physical custody of Savannah by virtue of the consent of Tobie I. Hickey from January 3, 2007 until March 19, 2007 when she was forced to deliver Savannah to Tobie I. Hickey by the threat of arrest by a Pennsylvania State Trooper if she did not do so. C. Plaintiff assumed responsibility for Savannah from January 2007 until March 2007 because Savannah was substantially at risk related to an untreated serious mental illness of Mother, Tobie I. Hickey. 9. The best interest and permanent welfare of Savannah will be served by granting the relief requested for the following reasons: A. Tobie I. Hickey cannot responsibly provide the consistent care that is needed by Savannah R. Hickey. B. Tobie I. Hickey has been diagnosed with Bipolar Disorder and medication has been recommended and prescribed, but she has refused to take the recommended medication. C. Tobie I. Hickey's erratic behavior threatens the welfare of Savannah R. Hickey. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. Tobie I. Hickey is represented by Marcus A. McKnight III, Esq.. 11. Plaintiff will seek an order restoring the status quo by returning custody of Savannah R. Hickey to Plaintiff pending further order of this Court WHEREFORE, Plaintiffrequests the Court to grant shared legal custody of Savannah R. Hickey to Plaintiff and Defendants and to grant physical custody of Savannah R. Hickey to Plaintiff pending the hearing. Respectfully submitted, ANDREWS & JOHNSON By: T P. Andrews, Esq. Attorney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: 7 QCOtivu OL Robin A. Heberlig, Plaintiff ROBIN A.HEBERLIG, and : IN THE COURT OF COMMON PLEAS OF DWAINE R. HEBERLIG, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CUSTODYNISITATION TOBIE L. HICKEY, Plaintiff/Defendant NO. 07-740 CIVIL TERM V. JUSTIN D. HICKEY, Defendant CERTIFICATE OF SERVICE I hereby certify that on this date, 2007, I mailed a copy of Complaint for Custody to the following person at the following address by U.S. Mail, delivered to: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Justin Hickey Charlie Troop 3-4 Calvary APO AE 09351 John J. Mangan, Jr., Esquire 57 West Pomfret Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. By: ANDREWS & JOHNSON Taylor P. Andrews, Esq. Attorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 • TOBIE L. HICKEY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JUSTIN D. HICKEY : NO. 07-740 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, fflatH 20-f'?4 , 2007, I mailed a copy of Petition to Intervene to the following person at the following address by U.S. Mail, delivered to: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Justin Hickey Charlie Troop 3-4 Calvary APO AE 09351 John J. Mangan, Jr., Esquire 57 West Pomfret Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. By: Ior P. Andrews, Esq. Attorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 r.a C=n ?' O - rt ` R . i Z p a [ ROBIN A.HEBERLIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TOBIE L. HICKEY, Plaintiff/Defendant CIVIL ACTION - LAW CUSTODYNISITATION NO. 07-740 CIVIL TERM V. JUSTIN D. HICKEY, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Robin A. Heberlig, an adult individual residing at 532 Baltimore Pike, Mt. Holly Springs, Cumberland County, PA 17065-1027. 2. The Defendant, Tobie L. Hickey, is an adult individual residing at an address with unknown street number on Mountain Road, Mt. Holly Springs, Cumberland County, PA. 3. The Defendant, Justin D. Hickey, is an adult individual currently in the United States Military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. 4. Plaintiffs seeks custody of the following child: NAME RESIDENCE DOB AGE Savannah R. Hickey 532 Baltimore Pike, Mt. Holly Springs, PA 3/24/2004 nearly 3 [until removed at direction Pa. State police to Tobie Hickey on 3/19/20071 The child [hereinafter sometimes referred to as Savannah] was not born out of wedlock. The child was in the custody of the Plaintiff, Robin A. Heberlig, from January 3, 2007 until she were forced by a Trooper of the Pennsylvania State Police to deliver custody to Defendant, Tobie L. Hickey, on Monday, March 19, 2007. During their life, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Both Defendants Defendants and Plaintiff Both Defendants Ft. Leonardwood, MO March 2004 to Sept 2004 532 Baltimore Pike, Mt. Holly Springs, PA Sept 2004 to October 2004 Hawaii, at 3 separate addresses October 2004 to August 2006 Defendant, Tobie 532 Baltimore Pike, Mt. Holly Springs, PA September 2006 1. Hickey with Plaintiff Defendant Tobie 200B Forge Road, Boiling Springs, PA October 2006 to January 3, 2007 1. Hickey Plaintiff, Robin 532 Baltimore Pike, Mt. Holly Springs, PA Jan. 3, 2007 to March 19, 2007 A. Heberlig Defendant Tobie Mountain Rd., Mt Holly Springs, PA March 19, 2007 to present 1. Hickey, Jeremy Ayers and his daughter The mother of the child is Tobie I. Hickey, who currently has an address at 200 B Forge Road, Boiling Springs, Pa, but who is believed to be living at the home of Jeremy Ayers on Mountain Rd., Mt. Holly Springs, PA. She is married to Defendant, Justin D. Hickey, though she has commenced a divorce action at the above term and number to terminate the marriage. The father of the child is Justin D. Hickey, currently in the United States Military in Iraq, Charlie Troop 3-4 Calvary, APO AE 09351. He is married. 5. The relationship of the Plaintiff to the child is that Maternal Grandmother who has had custody of the child since January 3, 2007. The Plaintiff currently resides with the following persons: Her husband, Dwaine R. Heberlig. 6. The relationship of the Defendants to the children is that of Mother and Father. The Defendant, Tobie I. Hickey, currently [Since March 19, 2007] resides with the following persons: Savannah R. Hickey, Jeremy Ayers, and his daughter. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the custody complaint filed this same number by Tobie I. Hickey. 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. 8. Plaintiff's standing to pursue physical custody of her grandchild, Savannah, is based up the following as per 23 Pa.C.S.A. §5313: A. Plaintiff has genuine care and concern for Savannah. B. Plaintiff had physical custody of Savannah by virtue of the consent of Tobie I. Hickey from January 3, 2007 until March 19, 2007 when she was forced to deliver Savannah to Tobie I. Hickey by the threat of arrest by a Pennsylvania State Trooper if she did not do so. C. Plaintiff assumed responsibility for Savannah from January 2007 until March 2007 because Savannah was substantially at risk related to an untreated serious mental illness of Mother, Tobie I. Hickey. 9. The best interest and permanent welfare of Savannah will be served by granting the relief requested for the following reasons: A. Tobie I. Hickey cannot responsibly provide the consistent care that is needed by Savannah R. Hickey. B. Tobie I. Hickey has been diagnosed with Bipolar Disorder and medication has been recommended and prescribed, but she has refused to take the recommended medication. C. Tobie I. Hickey's erratic behavior threatens the welfare of Savannah R. Hickey. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. Tobie I. Hickey is represented by Marcus A. McKnight III, Esq.. 11. Plaintiff will seek an order restoring the status quo by returning custody of Savannah R. Hickey to Plaintiff pending further order of this Court WHEREFORE, Plaintiffrequests the Court to grant shared legal custody of Savannah R. Hickey to Plaintiff and Defendants and to grant physical custody of Savannah R. Hickey to Plaintiff pending the hearing. Respectfully submitted, ANDREWS & JOHNSON By: T P. Andrews, Esq. Attorney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: ffl&rch 7 ,w(U'V 0-- gdLk? Robin A. Heberlig, Plaintiff Tl- D TOBIE L. HICKEY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JUSTIN D. HICKEY : NO. 07-740 CIVIL TERM Defendant : IN CUSTODY ORDER AND NOW, this-day of March 2007, upon consideration of the attached Petition for Intervention, the Court notes that the Plaintiff in the original action averred that the subject child was in the physical custody of the Petitioner, and this Petition for Intervention is therefore granted. Petitioner may file a Complaint in the above captioned action consistent with the Complaint O BY THE C T, L i J..,&An i lxc? \ /?. attached to their Petition and the caption on her Complpint, shall, hencefo be the caption of this action. The complaint shall be served on plaintiff's counsel today and the conciliation conference shall be conducted tomorrow. ,v j - /T --' AIN C>,3wql'V -01 O?? C?9- ce - Co. re. F Ook ?Yi? F: \FILES\DATAFILE\General\Current\ 12500\ 12500.1. pa I Created: 9/20/04 0:06PM Revised: 4/23/07 9:04AM Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Hickey ROBIN A. HEBERLIG, Plaintiff V. TOBIE L. HICKEY, V. JUSTIN D. HICKEY, Plaintiff/Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-740 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON LAW OFFICES on behalf of Defendant J in the above matter. ustin Hickey MARTSON LAW OFFICES By Thomas J. Willi ms, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 23, 2007 Attorneys for Defendant Justin Hickey CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 John J. Mangan, Jr., Esquire 57 West Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES CTBcia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 23, 2007 Cy rt a,? y t7 =.7_ C, ?) Tt t 4 Robin A. Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Tobie L. Hickey, Plaintiff/ Defendant v. 07 - 740 CIVIL ACTION LAW Justin D. Hickey, IN CUSTODY Defendant ORDER OF COURT AND NOW this a day of &4A , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and rected as follows: 1. The Father, Justin D. Hickey, the Mother, Tobie Hickey and Maternal Grandmother Robin A. Heberlig shall have shared legal custody of Savannah Hickey, born 3/24/2004. Each parry shall have an equal right, to be exercised jointly with the other parties, to make all non-emergency decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother, Tobie Hickey, and the Maternal Grandmother, Robin Heberlig, shall share physical custody Savannah. The Maternal Grandmother, Robin Heberlig, shall have periods of custody from Saturday evening at 4:30 PM until Wednesday evening at 4:00 PM. The Mother shall have periods of custody of Savannah from Wednesday evening at 4:00 PM to Saturday evening at 4:30 PM, unless otherwise agreed upon. The Maternal Grandmother shall provide the transportation for Savannah. 4. The Mother and Maternal Grandmother shall submit to a psychiatric evaluation and shall pursue a custody evaluation. The aforesaid evaluations shall be conducted by an evaluator as agreed upon by the parties. Absent in agreement, the attorneys for the parties may contact the conciliator to reconcile any disagreement on that issue. Costs of this counseling and evaluation, after any appropriate payment through insurance of the parties, shall be split equally between the parties. 4. In light of the fact that there may be some unaddressed mental health issues in Mother and possibly Maternal Grandmother, should any mental health crisis occur while Savannah is in the custody of either the Mother or Maternal Grandmother, the custodial party shall immediately contact the non-custodial party to assume custody of Savannah immediately. 5. The Mother, Tobie Hickey, is directed to comply with any recommendations for mental health treatment and/or medication prescribed by a health care professional. 6. All major holidays shall be spent with the parties and Savannah by mutual agreement. 7. The Father, Justin D. Hickey, shall be returning from his military tour in approximately May of 2007. It is ordered and directed that legal counsel for the parties shall contact the undersigned conciliator to immediately schedule a follow-up conciliation conference in regard to Father's custodial rights to Savannah. 8. The parties are ordered and directed in the event Father, Justin Hickey, should return from his tour of duty for temporary leave, the Mother and the Maternal Grandmother are to accommodate visitation with the Father and the subject child. 9. The custodial party shall ensure that Savannah has the appropriate safety restraints, or child seat, for the subject child for transportation purposes. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. This Order is entered pursuant to a Custody 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. Di bution: Z-0mas for Andrews, Esquire J Williams, Esquire arcus McKnight, Esquire John J. Mangan, Esquire C . U-1 r s LU r., i MAYA 2 2007 Robin A. Heberlig, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Tobie L. Hickey, Plaintiff/ Defendant V. NO. 07 - 740 CIVIL ACTION LAW Justin D. Hickey, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Savannah R. Hickey 3/24/2004 Shared 2. A Conciliation Conference in this matter was held on March 23, 2007 with the following individuals in: The Mother, Tobie L. Hickey, with her counsel, Marcus A. McKnight, III, Esquire, and the Maternal Grandmother, Robin A. Heberlig, with her counsel, Taylor P. Andrews, Esquire. The Father, Justin D. Hickey, was not in attendance due to his military obligations overseas. 3. The parties agreed to the entry of an Order in the form as attached. It/ Date 7 John J. gan, Esquire Custo Conciliator 4)?- F. \FILES\ 12500\12500.1.pet l Revised: 7/24/07 11:44AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Hickey TOBIE L. HICKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW JUSTIN D. HICKEY, Defendant IN DIVORCE ROBIN A. HEBERLIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TOBIE L. HICKEY, Plaintiff/Defendant V. JUSTIN D. HICKEY, Defendant NO. 07-740 CIVIL ACTION - LAW IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes MARTSON LAW OFFICES, attorneys for the Defendant in the above actions, files this Petition as follows: I . Martson Law Offices was retained by the Defendant to represent him in both divorce and custody matters, docketed to the above number. 2. Defendant has requested that Martson Law Offices withdraw as counsel as he is going to stay with his wife, Plaintiff, and daughter. Please see the e-mail from client attached hereto as Exhibit "A". 3. The Honorable Edgar B. Bayley has issued Orders in this matter. 4. Counsel for both Plaintiffs have advised that they do not oppose this Petition. WHEREFORE, Martson Law Offices prays Your Honorable Court to Order and Direct that Martson Law Offices be withdrawn as counsel of record for the Defendant in the above actions. MARTSON LAW OFFICES By Thomas J. W' iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Hickey Date: July 24, 2007 -----Original Message----- From: justin.hickey@us.army.mil [mailto:justin.hickey@us.army.mil] Sent: Wednesday, July 18, 2007 7:30 AM To: Thomas J. Williams Subject: Re: RE: SAVANNAH First, i can't thank you enough for all you have done. but, i've decided to stay with my daughter Savannah and that means Tobie too. I see no need for you to attend the custody hearing on the 19th, you can also withdraw yourself from both the custody and divorce. At this time there is nothing else i need you to do. Sorry for all of the trouble. Justin ----- Original Message ----- From: "Thomas J. Williams" <twilliams@martsonlaw.com> Date: Tuesday, July 17, 2007 11:57 Subject: RE: SAVANNAH To: justin.hickey@us.army.mil > Justin, we were recently made aware of a custody hearing for this > Thursday, July 19 on a petition filed by Tobie. I want to be certain > I understand you correctly: > 1. Do you not want me to attend that hearing? > 2. Do you want me to withdraw my appearance in the custody matter? > 3. Do you want me to withdraw my appearance in the divorce matter? > 4. Is there anything more that you need me to do? > I just need to be sure I'm doing what you want. > Thomas J. Williams > Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 > East High Street Carlisle, PA 17013 > Tel 717-243-3341 > Fax 717-243-1850 > Cell 717-503-3552 > www.MartsonLaw.com Thomas J. Williams From: justin.hickey@us.army.mil Sent: Tuesday, July 17, 2007 9:32 AM To: Thomas J. Williams Subject: Re: SAVANNAH Mr. Williams, there has been a change of plans and I'm no longer pushing for or going through with the divorce. And the custody of Savannah should no longer be an issue. Sorry for any incovince this may cause. And thank you again for all of you time and effort. If there is anything i owe you let me know. Thank you again for all you help. Justin. ----- Original Message ----- From: "Thomas J. Williams" <twilliams@martsonlaw.com> Date: Wednesday, March 14, 2007 15:30 Subject: SAVANNAH To: justin.hickey@us.army.mil > Justin, I've been in touch with custody conciliator and Tobie's atty. > A temporary order is going to be issued reflecting the existing > custody situation where Savannah is in custody of her mother. When > you get back here it will be modified. > Do you want any provision made for your parents having periods of > custody? Or leave them work that out with Tobie? > Please note my new email address which is twilliams@Martsonlaw.com > Thomas J. Williams > Martson Deardorff Williams Otto Gilroy & Faller > Martson Law Offices > 10 East High Street > Carlisle, PA 17013 2 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 John J. Mangan, Jr., Esquire 57 West Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES n is D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 24, 2007 ?.a ?? c_..- '?" -*? <?, - . ?..? _,, ?,° ,...,. ?? 't: f T! ';..y t. ` i TOBIE L. HICKEY, Plaintiff V. NO. 07-740 CIVIL ACTION - LAW JUSTIN D. HICKEY, Defendant IN DIVORCE AND CUSTODY ******************************************************************************* ROBIN A. HEBERLIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW TOBIE L. HICKEY, Plaintiff/Defendant V. JUSTIN D. HICKEY, Defendant IN CUSTODY ORDER AND NOW, this 7,71 . day of 007, upon consideration of Defendant Justin Hickey's request that Martson Law Offices withdra as counsel, it is hereby GRANTED. Martson Law Offices has leave to withdraw as counsel from the above actions. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUL 2 5 2007' BY THE ART, cc: mas J. Williams, Esc arc us McKnight, Esqu 4-,Xylor Andrews, Esquire ,J F:\FILES\12500\12500.I.pra2\mas Revised: 8/2/07 8:42AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Hickey TOBIE L. HICKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW JUSTIN D. HICKEY, Defendant IN DIVORCE ******************************************************************************* ROBIN A. HEBERLIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW TOBIE L. HICKEY, Plaintiff/Defendant V. JUSTIN D. HICKEY, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Martson Law Offices on behalf of Defendant Justin D. Hickey in the above-captioned matters per the attached Court Order of July 27, 2007. MARTSON LAW OFFICES By 1 ? ' ` j " Thomas J. ' liams, Esquire I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 2, 2007 Attorneys for Defendant Justin Hickey JUl 2 5 2007 TOBIE L. HICKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW JUSTIN D. HICKEY, Defendant IN DIVORCE AND CUSTODY ROBIN A. HEBERLIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-740 CIVIL ACTION - LAW TOBIE L. HICKEY, Plaintiff/Defendant V. : JUSTIN D. HICKEY, Defendant IN CUSTODY ORDER AND NOW, this day , 2007, upon consideration ofDefendant Justin Hickey's request that Martson Law Offices with aw as counsel, it is hereby GRANTED. Martson Law Offices has leave to withdraw as counsel from the above actions. BY THE COURT, ALI -A 119A j J cc: Thomas J. Williams, Esquire Marcus McKnight, Esquire Taylor Andrews, Esquire r' CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 Counsel for Robin A. Heberlig Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 Counsel for Tobie L. Hickey MARTSON LAW OFFICES By ;? - VL Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 2, 2007 N G G J ^ft ? { AUG 0 7 2007 Robin A. Heberlig, Plaintiff Tobie L. Hickey, Plaintiff/ Defendant V. Justin D. Hickey, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07 - 740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of , 07, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Order of Court dated May 7, 2007 is hereby VACATED. 2. The Mother, Tobie Hickey, shall have primary legal custody of Savannah Hickey, born 3/24/2004. The Mother shall have the right to make all non-emergency decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. 3. The Mother, Tobie Hickey, shall have primary physical custody Savannah. The Maternal Grandmother, Robin Heberlig, shall have periods of custody as agreed upon by the parties. 4. The minor Child Savannah Hickey, born 3/24/04 has resided in Cumberland County, Commonwealth of Pennsylvania for the requisite time to confer jurisdiction of this matter before this Honorable Court. 5. This Order is entered pursuant to a Custody 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. Distribution: .Taylor Andrews, Esquire Xarcus McKnight, Esquire 6hn J. Mangan, Esquire D .2 © c 3 Robin A. Heberlig, Plaintiff Tobie L. Hickey, Plaintiff/ Defendant V. Justin D. Hickey, Defendant Prior Judge: Edgar B. Bayley, P.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 pertaining to the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Savannah R. Hickey 3/24/2004 IN CUSTODY Shared physical custody 2. An Order of Court was entered on May 7, 2007 by the Honorable Edgar B. Bayley, P.J. pursuant to a Conciliation Conference. A status update conference was held on July 19, 2007 with the following individuals in: The Mother, Tobie L. Hickey, with her counsel, Marcus A. McKnight, III, Esquire, and the Maternal Grandmother, Robin A. Heberlig, with her counsel, Taylor P. Andrews, Esquire. The Father, Justin D. Hickey, was not in attendance due to his military obligations overseas. The parties agreed to the entry of an Order in the form as attached. O - q k Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 740 CIVIL ACTION LAW Z Jo J. gan, Esq . e Custody Conciliator