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Home My WebLink About97-07007 ,jl' \.' .l.'.'.'~" 'I"~ ,,"I 'i "'.I: "~' ~', .~' ,~ .~, .~ " ~, "~ 'I 'I'j 'I"""" t '~" , ~' \1.. ," ",I ,~ ,~ .'~ 'I iI . ,,'/;k' , :\'i~ "~1iii'h;~: I ,~',!il/ii~ '/"'li~l1 ',jj(,!~ 1,/JPr~ "ji,',ilJ i ~' , r 1;:" ",i/'Ii . . ,I~: III'~' 11,t ;/:'1,:'., ., ,.f.J y -1,"11: rrirti rllNH '00 i;i,;iMl~ d i\_~!,Rn) 'L:llfl" ,,'I";J/J r II'! ',' .H1,A~ .Ii.l'(; . .iLl! \ }f"I(/,fl "J::',;{V ) ; 1:",,1 1,1:',jj{( d/,~{9, '.";.1 'ii! ll,'}~i~r 'r'i,h" '{':; i' )11'i;j; ,lb;J~ ;',)," . tI I,rjt~'; , 'J . ",ll 1:',,-::\', , :I;l,t '., ."'[ i,'yfl"t i ~;' i', ,;,,,.,,\!t ;dll ,I 1" /friV' '1. "/ ,:, ,::'i\~e ...;Iii II ,t;h'lj; :YIJI , "::~~" ','F?jlj, ' , ,'V'l! '\: ",'I)t , r:I;;ig. 'iJ:::-;f'~i ;LI;JW'~~ ". l 'II'/;!! ,',I ~(; ,,-"J'" . :,;;il :i",:!~ "1, ",d~ ';:~lm]*~\ :"i~ ""f,'!~~ ::'}i,l}),j, "_,,,!.I I' ,~_':;_:lf> f nl!;\~ 'ill I'd[,-_JI (; );I.:',(!\'! i:!i,\',J~ -.,.:.:.J'j I)',ji,' ,,\,:/~ r)/),iil'a :rr'j~'_!IP ,':'I):i! ) 1:,y:)rU[l -dr;i"~~ 1 i"'~l ~, ,I - '" '-,'Ii ril:/L: :q-~~ I' " "I :'1 " " " i I 'i I.' , " , ji '; ,i, " II , " " " , n I: ',) I , , '1, ., , . " ., , I Jt , " " , I " I , , I' " Ii, ,. " I rt ., " ., .. , , , 1./ " " ,. " " I,' " :' 'I" , , ", , ,I' ., I I, " . ., ., '.'1 ,i " i, ~j:iJl 11:'II;\f- , : \,i:~\ t <,'j I," " " , , " 1'1 ." \~ c-,I .. -, " :aC Q~ 'Go i CS\ ~.~ ' ,', , <'" ii , " w ~ ~ 0" a CI" " " ,I " , " 'd o:~ ' ~~8~' 1.1. i~ " o ill ~ 'W iis' ~ g ~I! ~ ~ li~ ; IL~ , 'F: ~~E U , 'I , ,,' 'ji p d, " , ~ ' I ' " " '" .. 1 , , '.t, .~ "1\ CHRISTOPHER C. HETTINGER, : IN THE COURT OF COMMON PLEAS RespondentJPlalntlff : CUMBERLAND COUNTY, PENNSYLVANIA . V. : NO. 97-7007 CIVIL TERM WENDY L. GIBBS, : CIVIL ACTION - LAW Petitioner/Defendant : IN CUSTODY ORDER AND NOW, this ,29tl1day of ~)/\...J , 1999, upon consideration of the Petition for Modification of Custody Order and for Emergency ::lpecl:al Relief, It Is hereby Ordered. and Directed that: a) Petitioner, Wendy L. Gibbs, Is granted primary physical custody of the minor child, Christopher Michael Hettinger, on an Interim basis pending full hearing on this Petition; and b) A haarlng on said Petition Is hereby scheduled for the ..JJg f;J. day of '-I )/~ ,1999, at /30 o'clock, In Courtroom #--fL of the cumbe(?and County Courthouse, Carlisle, Pennsylvania, and participation In the Cumberland County custody conciliation process Is waived pending further Order of Court. J, I ~ 5. Since the entry of Your Honorable Court's Order, Respondent relocated for the third time to his current addrestlln Dauphin County on or about March 1,1999, Respondent and the minor child currently reside with Respondent's girlfriend Karen Poe, and her children. 6. Your Honorable Court retains Jurisdiction over this custody matter Inasmuch as Petitioner continues to reside In Cumberland County and Cumberland County was the domicile of the minor child In question within six (6) months prior to commencement of this proceeding.' 7, The best Interests and permanent welfare of the minor child will be served by a modification of the Court's Order by the emergency granting to mother of primary physical custody of the child on an Interim basis pending full adjudication of the case for the following reasons: a, On Thursday, April 22, 1999, the minor child contacted mother by telephone and stated that he could not go to school because he was sick. During the conversation the child broke down and cried complaining that he could not reach his father at work and that Karen Poe, his fathel"s girlfriend, after being contacted, Insisted that he go to school anyway. b. The minor child further told mother that he has been beaten on multiple occasions by Karen Poe with a beaded belt and he expressed great concern that a fl,lrther beating would occur If Respondent or his girlfriend learned that he. although sick, did not attend school on that day. During this telephone conversation, an Individual believed to be the child of Karen Poe confirmed these beatings to mother, c. Petitioner thereafter Immediately arrived at the child's home 10 determine his condition and upon entering the property observed filthy conditions Including, but not limited to, fourteen (14) empty 16 oz, Beer cans In the kitchen, three to four days of dirty dishes and a foul odor In the home, Further, the child's room appeared to be filthy with soiled clothing strewn throughout. 1 Pa.R.C.P, 1915,2 (a)(1)(1I) d. Upon arrival at the Lyall J. Fink Elementary School In Middletown, Pennsylvania, the child experienced a complete emotional breakdown at which time the school nurse and school counselor, Mrs. Crangnole were Immedletely summoned, At this time, the minor child complelned of the abusive treatment at Respondent's home at the hands of Karen Poe, and his complete frustration about that situation and his desire to reside permanently with his mother. The child further stated that hili father was never at home and that he was constantly being berated by Karen Poe and beaten with a beaded belt and threatened with beatings with a horse whip. He stated that his father and Karen Poe leave for work at approximately 5:30 a,m. to 6:00 a.m, and do not return home until late In the evening. e. While describing this Incident, the child continued to cry uncontrollably and, until restrained, allempted to pound his head onto the school table. f. At this time, Petitioner and school officials both learned that although the minor child had been pre'/Iously diagnosed with Attention Deficient Disorder, had previously received prescription medication and counseling for said disorder while In the care of mother, that all medication and counseling had been terminated. School officials advised mother that they were completely unaware of the child's medical history and had received no such Information from Respondent. They further advised rnother that they were unaware of the fact that the child had been enrolled In three different School Districts during the school year. g. On April 27, 1999, the child again experienced an emotional breakdown while at school, at which tlmB the school principle, Mr. Raslmas, became Involved. The child again complained of the mistreatment and beatings he was receiving at home. h, Mr. Raslmas confirmed that the minor child was performing no work while at school or at home and that his academic standing remains In serious question, I. The school principle then advised mother of his legal obligation to report these mailers to Children & Youth Services which report was dually filed byhlm.2 iI 2 Mother believes, and therefore avers, based upon Information received, that Karen Poe has been the subject of at least one unrelated Children & Youth Services Investigation. - --;---::,:.-......- ~. v. IN 'l'IlE COUIl'l' 01" cO/oUoION )?'LEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. _1:J'l~_7 00'7 <:'01.-: I T-Uvt.-..._ CIIRIS'l'OPIlEIl CIJARKE IlE'1''l'!NGER, Plnintiff WENDY LEE IlE'l''l'INGER, Defllndnnt Tl\UF.: (I'WY f.(~!)~i,'i:):C()lm I' T ,:.1 r;,:,nt \',hH.'lf, II:: ro: ":I~(' ~:\ my hMd ~.,d 'lll~ ~.~I ol6a!d (olJrt ct (arllsle, 1'0, '; . Ti;~; ;,:,;,()nJ,,, day of""..~,~i.k..; '19,~.. . . .' "':',,:? , " ..Jb;\O/~, ",(;!,....,fr.7..udM-!>I.."............, 0 R D E B.')t ,,~.::.~:.~:...:.,. ',,~; '~"". pro~NonoICa.OryN..S.'I.D. ER' ~ "'1" "I'O'l ,",.', 0... ". O~. TilE FOREGOING S'l'IPULATIOH, .it"1s :_--'~':,"- IN DIVORCE JAN 2 9 1998bb ordered and decreed as (ollows: 1. Primary physical custody of Christopher Micha~l ~, . .' 2. Le~al Custody shall be 'sh~ted between ,the parties;.. :' :";'~i' ~lendy Le~ ,Hettinger 'shall 'have tempor'ary physic~i ::.:',I" '. . .': ).,::'. , ' ',' " . . ': c' " """.' ::;/);:;:':.:' ~u~tO:d~\Of chr~~~~,:her :M,i:h~el.~,letti\l,g~r. ev~ry other weekend:?r~m ,~':j<" .,,:~\;:,';-;i~.:'.::., p.~~~x.: ..e~ep~~~;;l9.,: SUI1~a,y::.e~e~in.:g .' ~9n'ffi.~t;\ci~g .,Jan~a,r~, 3, 19,9'~!.r:.~~~..)',:"~~i.:: .:;;A:~:,,;:;,::~.:::iev~~y(~[h~/:h6l ~..~~~ .'. exc~pt <()~:ch~'i s't~X~~hEm 'W~~~YLri~" He t tik~'-~'i :(:..>tt:',;t ';'.:,:. "." . .' ,.'..,..... '':'..... ,.': " .. ,:/"" .' :."': :':': " ,..:., ',": . . ' ;';~',':' l~:' .':. : ::~~.:.,: :,; !")::JJ1.,j;..~.7,;~;:~~rli, ." ,. shall have', temporary physical custody Chii~tmasEve' reti.ii:i-iing':\U~~; ',':'" Christopher to Christopher Clarke H~ttinger ,at the ."end' o'f'<h~ ..,,:>~l~~' , ';, . .' ,,"~'~,,~.' ";"~:::;f~~~' evening and for Chr istm'as day. ~. ".,' ,'. ~-"( - ,", Hettinger shall be confirmed in Christopher Clarke Hettinger, :.,,,' ': ' 3. 4. Each party shall have two uninterrupted non- consecutive ~'eeks during the summer months. flY THE COURT, :}A-' :ol, \(I(r8 j.c:; Ur~- ~,Ola..).,. o J. EXHIBIT I ..-B:..- ~ ~ ~ ~ ~~'.ji~;;.,. .>>:: :lO::':;':. ";.<<: .i:~ ',w.:',:+:. ',:.:. ::+:.' ':+;, -:+;. ':~;. -:.;. -:.;, .:.;, ':+:' ,:+;. ~ ~ , .:+;. .:.:. .:.;. .:.:. .~.:- .=.:- .:.;. :- .:.:,' ':+;', '.:+> .:.:. .:.:- .:.:. .:.:. .:.:- .:..."~ " ... ...... ..,--".....1: .:i " ~ .;<<. .:<<' ':..0. .:,t;. .:+:. .:.;. .:.;, .;:.t(. .:-If.. .:.:. .*. .:.:. .:+:. . .... '." ........ ,- ....... . ... -. .. . ...~. . .. ~ . . -, ... .'~ ... -, , . .., ." ~ ~ ~ ~I ~ ~ ~ $ " " $ $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~. STATE OF j~~~t COUNTY PENNA, s CHRISTOPHER CLARKE HETTINGER, PLAIN'rrFF No. Q7. 7007 II) $ .;, " \'1'1':;11." WENDY LEE HETTINGER, DEFENDANT ~ " ~ " w " $ DECREE IN DIVORCE AND NOW"" ,~y~\" <~,O,"""" 19,~ ~" it is ordered and decreed that ,~HR~?~~PI!ER, 9:,J:\F,K,E; ,f:I!>:r,'r:~N9E;~, , , , , , , , , , , , , " plaintiff, and ,,\'I~,~[?'f', ~,E;I;: , tl~,~nt'lr.;,E;R , , , . , . . , , , . , , , , . , , , , , , , , . , . , , . , '. defendant, are divorced from the bonds of matrimony. ,; ~ ,.:; ~ ~ if $ M ..' ~ ~ 8 $ ~ " ,', i!i ~ ~ The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; """,.,~~"',.,"',..,""',.,.......,',.,.,...,.,"""""""'. II y All... : ~ ~ ~ ~ ~ '. ,', ~ ~ ~ ~ '.' ~ '.' ~ ',' ~ ',' ~'1 ~ ',' ~ ~ " ~ '. ~ ',' ,. ~ ',0 ~ '. ~ ',0 ~ '.' ~ ',' ~ " ~ ',' I~ ~ ~ " ~ ~ '. ~ '. J. $ ~ I'~ ~ i~ .:.:- .:.:. .:+:. .:.:. -:.;. .:+:. .:+;. .:+;. .:.:. .:+:. .' rothonotnry ',' (1 ."'~ () ( :.~ ':~;I ", T". ;1 , --I" I ., ~..: J ' ~I") IF" "'. r_) I-~l~ r,"', 'J J -![) "',,-,1 --{(,:'j "' , \(.l ()l-.'I .. <~ , "J (J1 ~q ." J-I', .:, 'I " :' "j' "\1 , " ',/! ~. " I "" , " ':','j~ IU' ',,' 'I,' , I' ~ ,I " .. , , , 'j " , :, " " ....,';: , " ,'.1 I, (\ ',.1 ,- -~ ~ ~. 0.- - ~ 'I' I, " " 'I " i: " :1" " t ',,: , " '1,>1;'1 'I,' 'I' , /' I, ',I, ;'1, I' 'I ,,~'l; "I.' .." I, gl, ...I ~ ~U~;di!, ~ ~ S'~ ~ I:e"~", e ~ e ~ Ii. , ~'~ ~ , ~ .' , I '11:'1 " \i'( I, ,\, ,..i.,1 \1,1'.,/" '1',1 ;'1 I ,} \. , not .tn the military servlce of' tho lJllito<! tltatcH of' Amorica nor any of its allies. 6. The parties married on October 5, 1985, at Now Cumberland, Pennsylvania. 7. MINOR CHILDI The following person is minor child born of thi smarr iage : llilt:1E MZI:; m:;x DATE OF BIRT.H RES IDENeB Christopher Michael Hettinger 9 M February 25, 19UB 136 Fineview Road Camp Hill, FA 17011 8. There have been no prior actions for divorcfl or annulment instituted by either of the parties in this or any other jurisdiction. 9. This action is not collusive as defined by ~3309 of the Divorce Code. 10. Plaintiff has been advised of the availability of counseling and of his right to request such counseling. 11. The marriage of the parties is irretrievably b:roken. 2 COUNT II (ReQUests for Confirmation of Custody Under 85301. et SOq. of the Divoroe Codel 15. Count I of the Complaint ie incorporated herein by reference thereto. 16. The parties are the parents of the following unemancipated chilri, who resides with Pl.aintiff: !W:lE ~ ~ DATE OF BIRTH Christopher Michael Hettinger 9 M February 25, 1988 17. During the past five years, the child has resided with the parties and at the addresees herein indicated: fB.QM TO l.'llTH WHOM ADDRESS February 25,1988 July, 1989 Christopher Clarke llettingor 1 Clemens Drive Wendy Lee Hettinger Dillsburg, PA June, 1990 Chriotopher Clarke Hettinger 7 Mallard Court' Wendy Lee Hettinger Mechanicsburg, FA October, 1991 Christopher Clarke .'ottinger 426 Bridge Street Wendy Lee Hett in~Jer New Cumber land, PA Juiy, 1989 May, 1990 October, 1993 August., 1997 Christopher Clarke lIettinger 1854 lIolly Drive Wendy Lee Hettinger Camp Hill, PA Auyust, 1997 Present Christopher Clarke Hettinger 136 Pineview Road Camp Hill, PA 18. There are no other proceedings pending involving custody of the child in this or any other state. 4 ~mR!E!gA~!OH I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. ~4901, relating to unsworn falsification to authorities. ~ ~. ". oplo, C"'';H:''''", " , .j) , \ :,>;) " ";,;:. ., I . I J " .' I I I I {;, .. I r ,I. ; :11 :':\.l ..-., " " .. ..,~.! ' ~ . ) ~q h' -, (":, ~ 1'1. 0 U) 'II : .-1 ,/ .. \.~ ; , ~." ;'i:7J I , :, ',J ,.[." L I 11:;:1 " \.0 ':.~~ r,:) '01 ~..., ):p ..() , ,I II , .. "I ft.. ~';J ~.J ~J ~._~ f,) -< ,.j' I', I') 'II' r" " . ~ .~ " l'I ~ ....~. N \)0" 1 , , ~~' ,:;, 8~ ....... ;1-\ _, ,l: :'[- :l\: t:e " ........ ( ,..: ....; ~@ G.l~ '8 r- ' ~..~ ' I): I , .')" ".~u~~ !~; ~ L~~ ';0; \5' 17' d , 0' ,; U 0; ~ ' , ~. ::~ ;., ,I , ~ i~il , Ml~ ~~I~~ I .~ ,I ' ~~s' I,', , , ,-I, " ," j, . tn., ' , "'u,,, · " ~,..f' " CHRISTOPHER C. HETTINGER, IN THE COURT OF COMMON PLEAS RespondenVPlalntlff CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 97-7007 CIVIL TERM WENDY L. GIBBS, CIVIL ACTION - LAW Petitioner/Defendant IN CUSTODY STIPULA TION FOR AN INTERIM AGREED OROfffi.J)F CUSTODY WHEREAS, on April 29, 1999, a Petition for Modification of Custody Order and for Emergency Relief was filed by mother; and WHEREAS, on April 29,1999, the Honorable Edgar B. Bayley granted said Petition granting mother primary physical custody of the minor child, Christopher Michael Hettinger (DOB 2/25/88) and further scheduled a hearing on the various allegations contained In mother's petition for May 26, 1999; and WHEREAS, the parties are desirous of resolving on an Interim basis their differences I'egardlng custody of their minor child In all respects and further desirous 0' avoiding the necessity of a hearing for an Interim order; and WHEREAS, the parties reserve the right to request a hearing regarding the contents of Paragraph 10 of this Agreement following the completion of the Children & Youth Services Investigation; NOW THEREFORE, the parties, by and through their attorneys, stipulate and agree as follows: 1. The parties shall have Joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, Including but not limited to medical, religious and educational decisions, The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the child's best Interests, 2, Each party has a right to be kept Informed of the child's educational and medical development and shall have a right of access to the chltd's educational and medical records. Each party shall be entitled to complete and full Information concerning the child from each other and from any doctor, dentist, teacher or similar authority, and to have caples of any reports, notices or other communications given to either party as a parent. 3. Each party sholl notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other party, 4. Primary physical custody of Christopher Michael Hettinger shall be confirmed In mother, Wendy L. Gibbs, 5. Father shall have temporary physical custody of the minor child on alternating weekends from Friday evening to Sunday evening commencing Friday, May 28, 1999, To accommodate Mother's vacation schedule, Father shall also have temporary physical custody on the weekend commencing Friday, June 4, 1999. The parties shall alternate weekends thereafter with Father's next scheduled weekend commencing on Friday. June 18, 1999. The holiday schedule shall be as follows: Segment A - New Year's Day, Memorial Day, and Labor Day 1999, the child shall . be In the custody of Mother and each odd numbered year thereafter, Father shall have custody of the child In even numbered years for these holidays, ~( Segment B . Easter, July 4, and Thanksgiving the child shall be In the custody of Father during 1999 and every odd numbered year thereafter. Mother shall have custody of the child In even numbered years for these holidays. 6. The Christmas holiday shall be shared each year with alternating times as follows: a. Christmas Eve at noon until Christmas Day at noon. b. Christmas Day at noon until December 26 at noon. Father's 1999 Christmas holiday schedule shall be consistent with (a) above, 7. Each party shall have two (2) uninterrupted non-consecutive weeks during the summer months. 8. Mother shall have the minor child on Mother's Day and Father shall have the minor child on Father's Day, 9. To the extent that scheduled holidays conflict with normal weekend custody, holidays shall taka precedence. 10, Father agrees to be In the presence of the minor child at all times during the exercise of his temporary physical custody. The parties agree that this provision shall not In any way limit Father's ability to provide unsupervised time with blood relatives of the minor child Including but not limited to paternal grandparents, uncles, etc. Father further agrees to not allow the minor child to be alone at any time with any third parties who are not blood related. If the pending Children & Youth Services Investigation Is determined to be "unfounded," this paragraph shall be void unless Mother re.petltlons the Court for a hearing thereon to address this paragraph, In which case this paragraph shall remain In full force and effect until modified by further order of court, .t'r.i ~, 't' .I~~J ~.. ( l ~'i',( ,,"'r' , 'I)'~ J ' I,ll!' ~J'-r:-'~ I "f1;\!,1 ., 1;"':" '1;\' 11,<.:, I 11.;<1 " "1 'I' .. t ,I r.:1 l'~ ;' ,. -, ..,. T' ,:..:( f~') I 'h ,I ., '. " -.. ~ ...', ""; ">- ,.; '::'.l ,':) '-':; "':ti.!;: 'i'l"~i : ':"') IC' ru 'Hi 11_ ,'j U l~' , 4";'> 1/ tJ ~tI.l_"' ~~'~~ 5 ~ - Uill OtJQ~~ ~lln u. , " p ; . JAM 04. 200afP; , ., I'; ",-1 i' I: .", CHRISTOPHER C. HETTINGER, RespondenUPlalntlff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . I " V. : NO. 97.7007 CIVIL TERM . . WENDY L. GIBBS, : CIVIL ACTION. LAW Petitioner/Defendant : IN CUSTODY STIPULATION FOR AN INTERIM AGREED OROER OF CUSTQlXf WHEREAS, on April 29, 1999, a Petition for Modification of Custody Order and for Emergency Relief was filed by mother; and WHEREAS, on April 29,1 999, the Honorable Edgar B. Bayley granted said Petition granting mother primary physical custody of the minor child, Christopher Michael Hettinger (DOB 2/25/88) and further scheduled a hearing on the various allegations contained In mother's petition for May 26,1999; and WHEREAS, the parties are desirous of resolving on an Interim basis their differences regarding custody of their minor child in all respects and further desirous of avoiding the necessity of a hearing for an interim order; and WHEREAS, the parties reserve the right to request a hearing regarding the contents of Paragraph 10 of this Agreement following the completion of the Children & Youth Services Investigation; NOW THEREFORE, the parties, by and through their attorneys, stipulate and agree as follows: 1. The parties 5hall have Joint legal custody of their minor child, legal custody being defined as the legal right to make major declslon5 affecting the upbringing of the child, including but not limited to medical, religious and educational decisions, The parties agree to discuss and consult with one another on these decisions with a view to adopting a hanmonlous policy calculated to promoting the child's best Interests. 2. Each party has a right to be kept Informed of the child's educational and medical development and shall have a right of access to the child's educational and medical records. Each party shall be entitled to complete and full Information concerning the child from each other and from any doctor, dentist, teacher or similar authority, and to have caples of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the child which could reasonably be expecte~ to be of significant concern to the other party, 4. Primary physical cu~tody of Christopher Michael Hettinger shall be confirmed In mother, Wendy.L. Gibbs, 5. Father shall have temporary physical custody of the minor child on alternating weekends from Friday evening to Sunday evening commencing Friday, May 28,1999, To accommodate Mother's vacation schedule, Father shall also have temporary physical custody on the weekend commencing Friday, June 4.1999. The parties shall alternate weekends thereafter with Father's next scheduled weekend commencing on Friday, June 18, 1999. The holiday schedule shall be as follows: . , Segment A . New Year's Day, Memorial Day, and Labor Day '1999, the child shall be In the custody of Mother and each odd numbered year thereafter. Father shall have custody of the child In even numbered years for these holidays. Segment B . Easter, July 4, and Thanksgiving the child shall be In the custody of Father during 1999 and every odd numbered year thereafter. Mother shall have custody of the child In even numbered years for these holidays. 6. The Christmas holiday shall be shared each year with alternating times as follows: a. Christmas Eve at noon until Christmas Day at noon. b. Christmas Day at noon until December 26 at noon. Father's 1999 Christmas holiday schedule shall be consistent with (a) above, 7. Each party shall have two (2) uninterrupted non. consecutive weeks during the summer months. 8. Mother shall have the minor child on Mother's Day and Father shall have the minor child on Father's Day. 9. To the extent that scheduled holidays conflict with normal weekend custody, holidays shall take precedence. 10. Father agrees to be In the presence of the minor child at all times during the exercise of his temporary physical custody. The parties agree that this provision shall not In any way limit Father's ability to provide unsupervised time with blood. relatives of the minor child Including but not limited to paternal grandparents, uncles, etc. " Father further agrees to not allow the minor child to be alone at any time with any third parties who arEl not blood related. If the pending Children & Youth Services Investigation Is determined to be "unfounded," this paragraph shall be void unless Mother re-petllions . the Court for a hearing thereon to address this paragraph, In which case this paragraph shall remain In full force and effect until modified by further ordElr of court, ,. ,11. Neither party shall disparage the other party In front of the child, attempt to alienate the affections of the child from the other party, or allow third parties to attempt to alienate the affections of the child from the other party. 12. The parties agree that reasonable telephone contact shall be made available to the minor child and shall Include one telephone call per day to or from the non-custodial parent. This Stipulation shall be entered as an Order of the Court. ./ ettlng:~A~ ~/fr Esquire CHRISTOPHER C. HE'I'l'INGER, Respondent/Plaintiff . . IN THE OOURT OF CQMMct'l PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. NO. 97-7007 CIVIL TERM WENDy L. GIBBS, Petitioner/Defendant CIVIL ACTION - LAW : CUSTODY AND NCM, this '2AJ conollideration of the attached and directed as follows: ORDER OF CXXlRT .1 /? , day of ~.. Custody conciliation Report, it 2000, upon is ordered 1. The Father, Olristopher C. Hettinger, and the Mother, Wendy L. Gibbs, shall have shared legal custody of Chrietopher Michael Hettinger, born February 25, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being inclUding, but not limited to, all decisions regarding hie health, education and religion. The parties agree to discuss and COllsult with one another on these decisione with a view to adopt.ing a harmonious policy calculated to promoting the Child'a best intereet. Esch party shall have' the right to be kept informed of the Child's educational and medical development and shall have a right. of access to the Child's educational and medical recorda. Each party shall be entitled to complete and full information concerning the Child fran each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other comnunications given to either party as a parent. Each party shall notify the other of any matter relating to the Child which could reasonably be expected to be of significant concern to the other party. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday evening through Sunday evening. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHlUSTMA.S: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through Dec~mber 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. B. ALTBRNA'l'ING IIOtIDAYS: (1) EVEN NUMBERED YEARS - In even numbered yeare, the Father shall have cuetody of the Child on New Yea!:'s Day, Memorial Day and Labor Oay and the Mother shall have custody on Easter, Independence Day (observed) and Thanksgiving. (2) ODD NUMBERED YEARS - In odd numbered years, the Father shall have custody of the ChiJ.d on EBate!:', Independence Day (observed) and Thanksgiving and the Mother shall have custody on New Yeare Day, Memorial Day and Labor Day. (3) The periods of custody for holidays under this provision shall run from 12:00 noon on the day of the holiday through 12:00 noon on the day after the holiday. In the event echool is in session on the day after the holiday, the pa!:'ty who has custody of the Child for the holiday shall be responsible to transport the Child to school. In the event the party who is receiving custody of the Child for the holiday is unavailable to pick up the Child at 12:00 noon, that party shall notify the other party in advance. If the party relinquishing custody of the Child does not receive contact from the other party by 12: 30 on the day of the holiday, that party may assume the period of holiday custody has been waived and may make other arrangements for the Child for the holiday. C. MC7l'IIER'S DAY/FATfIER'S DAY: The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child ever.y year on Mothe~'s Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 uninterrupted non-consecutive weeks during each sunmer school break. 6. Neither party shall engage in excessive use of alcohol/drugs while in the presence of the Child or prior to transporting the Child. 7. The parties shall cornnunicate directly with each other concerning issues affecting the Child with a view to adopting a harmonious policy calculated to promoting the Child's best interest. 8. Neither party shall disparage the other party in the presence or hearing of the Child, attempt to alienate the affections of the Child from the other paJ:'ty, or allow third parties to attampt to alienate the affections of the Child from the other party. 9. The non-custodial parent shall be entitled to have reasonable tele~lone contact with the Child, inclUding 1 telephone call per day. CHRISTOPHER C. HETTINGER, Respondent/Plaintiff : IN 'rflE OOUIt'!' OF CO'IMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-7007 CIVIL TERM vs. . . WF..NDY L. GIBBS, Petitioner/Defendant CIVIL ACTIOO - LAW CUS'l'ODY PRIOO~: Bdgar B. Bayley Cll.S'TOOY ca<<:ILIATIctl StJoIMARY REPOOT IN ACCDUWlCB WITH CtJoIBERLAND CXUlTlC RULE Oli' CIVIL PROCEIltlRB 1915.3-8, the undersigned CUetody Conciliator submits the following report: 1. The pertinent information concerning the child who is the eubject of this litigation is as follows: NAME DATE Oli' BIRTII aJRREm.'LY IN CUSTOOY OF Christopher Michael Hettinger 2/25/88 Mother 2. A Conciliation Conference was held on March 15, 2000, with the following individuals in attendance: The Father, Christopher C. Hettinger, with his counsel, James A. Miller, Esquire, and the Mother, Wendy L. Gibbs, with her counsel, Charles Rector, Esquire. 3. 'Ihe parties agreed to entry of an order in the form as attached. ~ Is-", (}coQ Date dlu~.t,~ Dawn S. Sunday, Esqu re Custody Conciliator