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Home My WebLink About00-05450 , NOV 1 3 2001 M MORGAN R. ESSIG, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CML ACTION-LAW IN CHILD CUSTODY TEMPORARY ORDER FOR CHILD CUSTODY AND NOW, this day of November, 2001, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody ofMakenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse of the child. It is further ORDERED that both parties shall be prohibited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further Order of Court. BY THE COURT: EDWARD E. GUIDO, J. ,'<"!>;' '-'-,~J ,-~--~ --- - , - -, - ~ , "'-. < MORGAN R. ESSIG, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTION-LAW IN CHILD CUSTODY Judge previously assigned: The Honorable Edward E. Guido Conciliator previously assigned: Dawn S, Sunday, Esquire ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before DAWN S. SUNDAY, ESQUIRE, the conciliator, at 39 W. Main Street, Mechanicsburg, Pennsylvania 17055 on the _ day of , 2001, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or of 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. 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ~.. ,~" 0 '.' , . i ,. ""-'-lli MORGAN R. ESSIG, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTION-LAW IN CHILD CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND TEMPORARY MODIFICATION OF CHILD CUSTODY ORDER AND NOW, comes PlaintiIDPetitioner, Morgan R. Essig, by and through his counsel, Law Offices of Craig A. Diehl, and files this Emergency Petition for Special Relief and Modification of Custody Order, respectfully stating in support thereofthe following: I. Petitioner/Plaintiff is Morgan R. Essig, (hereinafter referred to as the "Petitioner"), an adult individual who resides at 309 South Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-3808. 2. RespondentfDefendant is Dawnette R. Hugi" (hereinafter referred to as the "Respondent"), an adult individual who resides at 702 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the parents of one minor child, namely Makenna N. Hugi, born December 9,1999. 4. On or about March 13, 2001, an Order regarding child custody was entered by the Honorable Edward E. Guido, regarding the subject child. A true and correct copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth verbatim. ->~ ",'-. :,.' .' .,,,1-, L: ii ,-, 5. Said Order of Court awards shared legal custody to the parties with primaIy physical custody of the child to Respondent and partial custody to Petitioner. 6. The parties have been transferring custody pursuant to the schedule in the Order and Petitioner picks up the child at the day care provider's residence as provided by the terms thereof. 7. Recent events have caused Petitioner to fear for his child's safety while in the custody and control of Respondent and/or the day care provider chosen by Respondent. 8. The day care provider utilized by Respondent is an individual known as Nita. Her last name is not known by Petitioner. She is an adult individual who resides at 409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. Upon information and belief, she is private, non-licensed day care provider. 9. On Friday, November 9, 2001, when Petitioner picked up his child from the day care provider he noticed a mark on her face that he thought was dirt. However, when he tried to clean it off the child indicated that it caused pain and that she had a "boo-boo". 10. Upon arriving at Petitioner's home, he realized that the mark on the child's face was a bruise. At that time he tried to telephone Respondent to ask her about the bruise on the child's fuce, but he was unable to reach her. Photographs ofthe bruises on the child's face are available, but are not attached hereto due to the nature of this petition and privacy concerns. II. Immediately thereafter, upon changing the child's diaper, Petitioner was alarmed by a large bruise he saw on the child's right rear hip and buttocks area. Photographs of the bruises on the child's hip and buttocks are available, but are not attached hereto due to the nature of this petition and privacy concerns. 12. Petitioner immediately took the child to see a physician at the First Place Emergency Room and she was exanJined there. ::;1 , .. ->' _ ,- 'j - ~,'., , ; T' I'l I:, 13. The treating physician indicated to Petitioner that the marks were suspicious and that a report would be made to Children and Youth Services which would result in an investigation. The physician also suggested that Petitioner contact the police department. 14. Petitioner took the child home, bathed her, and put her to bed. Petitioner did not receive a return telephone call from Respondent that evening. 15. On Saturday, November 10,2001, Petitioner telephoned the Hampden Township Police Department which is the police authority in the jurisdiction where Respondent and the day care provider reside. Petitioner then went to their offices, met with Officer Shollenberger and filed a report alleging the abuse of his child. Thereafter, upon Officer Shollenberger's request, Petitioner filed a statement. A true and correct copy ofthe statement is attached hereto as Exlnbit "B" and is incorporated herein as if fully set forth. 16. A criminal investigation by the Hampden Township Police Department is now pending and at present the interviews of all interested parties are being conducted. 17. On Saturday, November 10, 2001, in the interest of averting a violent incident with Respondent, Petitioner went to the Mechanicsburg Police Department which is the police authority where he resides and informed them of the recent events. Petitioner was not contacted by Respondent until he received a telephone message from her on Saturday evening. 18. Petitioner was scheduled to return the child to Respondent on Sunday evening, but Petitioner was afraid to do so because he did not know who had caused the physical abuse of his daughter and he feared for her safety. 19. The following day was Veterans Day, so Petitioner and counsel were unable to verifY the status of the Children and Youth investigation and were also unable to file an Emergency Petition for Special Reliefwith this Honorable Court. - ,-' '.,~" i~ ., . " -~- 20. Later on Monday, November 12,200 I, Petitioner was interviewed by Audra Hennessey ofCwnberland County Children and Youth Services at his home. She indicated that the investigation of this matter is proceeding. 21. Since this incident, Petitioner has made arrangements for day care for this child with a family member for approximately the next two weeks, or until an expedited conciliation conference and/or the completion of the Children and Youth and police investigations. 21. Petitioner now seeks to have the Order of Court dated March 13, 2001, temporarily modified such that he is awarded primary physical custody of the child with supervised visitation to Respondent pending an expedited conciliation conference and the completion of the Children and Youth and police investigations of the physical abuse ofthis child. Petitioner also seeks an Order stating that neither party shall utilize the woman known as Nita as a day care provider until further Order of Court . WHEREFORE, Petitioner, Morgan R. Essig, respectfully requests that this Court temporarily modifY the current Order of Custody thereby awarding Petitioner primary physical custody with supervised visitation to Respondent pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse. Petitioner also respectfully requests that both parties be prohibited from utilizing the woman known as Nita as a day care provider for the child pending further Order of Court , and that such other relief be granted as this Honorable Court deems appropriate. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Linda A. Clotfelter, Esquire Attorney LD. No. 72963 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 'j'""",-' '..'__J'_/ VERIFICATION I, the undersigned, hereby verifY that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: /1 ~~( ~~~ MORGA R. ESSIG ~~ ~ ~;I-i fij " l-] :1 :j 11 i II I 11 II I II 11 I' IJ ij " !1 , t) ~ 1 ~j ....... . . '"'- ,~, '''.'0'-< MOR(SAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBE~AND COUNTY, PENNSYLVANIA : vs. NO. 00-5450 CIVIL TERM : DAWNETTE R. HUGI, Defendant CIVIL ACTION - LAW : IN CUSTODY aIDER OF COURT . AND N(Jq, this J3th day of '0\9:,\c.1 consideration of the attached Custody Concil1ation ana directed as follows: , 200l, upon Report, it is ordered 1. The prior Order of this Court dated October 3, 2000 is vacated and replaced with this Order. 2. The Father, Morgan R. Essig, and thE! Mother, Dawnette R. Hugi, shall have shared legal custody of Makenna N. Hugi, born December 9, 1999. Each parent shall 'have an equal right, to be exercised jointly with the ,other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., when the Mother shall pick up the Child at the Father's residence. In addition, the Father shall have custody of the Child every Wednesday from after daycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the Child to the Mother's residence. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 7. Unless otherwise provided in this Order or agreed between the parties, the party receiving custody of the Child sha.ll be responsible to provide transportation for the exchange of custody. 8. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the prcwisions of this Order by mutual consent. In the absence of mutual consent, the terms E:-~h I' b ,'t "A" ~ '. ~ ,., I"..; of this Order shall control. BY THE COURT, . /5/ aumd r sJmL Edward E. Guido, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Ccunsel for Mother ,.,,'" f"<', ,'. -{';~.':.1 ( l..",..,... t.. ',"" ,.: i". ~ ',1 I J \111'1\1,;' . ~ ~ l _ ,--... " . ., f . "nd tll" ,,,d of s,n',,; , ~-;'r I .,1....' .-,,_~~_:~~ . . . i,j haod " '.,:, C,i',"'.".\;;/ 2;';1. ..{l7Q,8,., MORGAN R. ESSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5450 -CIVIL TERM : DAWNETTE R. HUGI, Defenaant CIVIL' ACTION - LAW : IN CUSTODY PRICR JUIJGE:: Edward E. Guido CUSTODY CCtilCILIATIOO SUMMARY REPCRl' ii i; I' !1 " i1 r! Ii rj rJ III AccnIDANCE WITH COMBERLllND CXll:lNTY RUI.E OF CIVIL PROCEDURE 19l5.3-8, the unaersigneaeustody Conciliator submits the following report: 1. The pertinent information concerning the Chila who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN, CUSTODY OF Makenna N. Hugi , December 9, 1999 Mother 2. A Conciliation Conference was hela on March 6, 2001, with the following inai viauals in attenaance: The Father, Morgan R. Essig, ana the Mother, Dawnette R. Hug!. Although neither party haa counsel attencl the Conference, the Father is representea in this matter by Anarew C. Sheely, Esquire ana the Mother is representeCl by Keith O. Brenneman, Esquire. 3. The parties agreea to entry of an Oraer in the form as attachea. ; 110-<ch. Date 7 , ,KJOI , {].~~Li'-b~ Dawn S. 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I !47Uf/;V4b, /0 /V1-/.!;AJY'J". r~ p~( 70 ~r- ~ J ~ 5'S7vfi'7Jil::JrcJ w/'t:S cvt-/l'!r ~y A/.?t:5, ~ ro f'tZ<J7eG{ ~ l f1 YS@-F ,Abvp ;J/kJ61f7e?e.. ~ j<.~1:Jt? otu-- CJ?-l I /P15~ #l~ ~ ~..~~. . (~AFTSf1d~~Y 7Q~~~~. ; f ~ ~ ~r /11/ ~ ~.$T WI'15 ~ !iOt-eI~.~~~~ - , So '1l:hv.5 7TI6 fteP.J % ~ S-:<. VI j" )) I't: "13" . J ";,,~ '''', .,.c, , , MORGAN R. ESSIG, PlaintiffIRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00-5450 CML TERM DA WNETT R. HUGI, DefendantlPetitioner CIVIL ACTION-LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of facsimile and United States First Class Mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (Counsel for Respondent) LAW OFFICES OF CRAIG A. DIEHL Date: "/13/ DI BY.~~~~~ J /' ep A. Moore, ~egal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ,;~'~'i;", ^.'e" -":--~'If': ^ ~ "," -,-,,-- ~1lir~iIM'",""';"; .'~';'ii:'" iIi:" ~ .D D o ~ ~ fJ ~ "- "- ~ ,;j ........ .. ,~M".. , ,... ~~~'""""."~ "....' () c- O?" It? 2:-~~ .' l, lE:- s ::=-; -< ~,) (Jl ,.-", '''!Hi c) "-':"- - ,. ,-,} -~;-~ -i ~ ~ ; ^ ,-' ~-." , '"' .......jllll!"",-' MORGAN R. ESSIG PLAINTIFF V. DA WNETTE R. HUG! DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYL VANIA 00-5450 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 27th day of September, 2000, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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. FOR THE COURT, By: Isl Dawn S. Sunday. Esqd 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ., " f "_, ._., ,-,,~,.., : }~__ <J /5-{}C) 5-/S-.Gt) 1 IS-tJtJ .-.- . .- .,,""~- ..,~." "_., ,". "",-'"<'" ~ - - '-'-' ",Wh;_'" OF [\\ \~:n-('IFf\CE , ,_.v v' . IO.,.AIRY ppc;-n-+ji\l, 'It'\! "'0 "lit: \ 5 ~;i II: 2\ 1J j.l.,....".1 CU"IDI":PU-"I,:;, COUNTY 'ivu....', \I..... PENNSYLIff\,NIA M-~ )MJ/-I?df~ 714 ~ ~ 1(f. ~~ -&df~ 1Il~~~~_^~_ ,1 1 .".~.,Jrnl~~0'F\""!I;P8~'~'~""'~""~~$>'1'!W~w-~.~~?!;;F1:ilVfll~'Il1,,,,,,,,,",,,,~"_,,,~ ,'~ - . "_"-j ~ MORGAN R. ESSIG, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 00 - :1'-1 Q; CWJ-r;,,~ vs. DAWNETTE R. HUGI, Defendant ORDER OF COURT AND NOW, , 2000 , upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2000, at o'clock___.m., for a pre-Hearing Custody Conciliation 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. , 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 SgT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland county Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ',;-- ~ -:1'_-.- L,.: ",- -, --'tJ i I MORGAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY 00 - S'Lf!:{l) ~ J~ DAWNETTE R. HUGI, Defendant COMPLAINT/PETITION FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Morgan R. Essig, an adult individual who currently resides at 901 Spring Circle, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2. Defendant is Dawnette R. Hugi, an adult individual who currently resides at 901 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks the entry of a custody order involving a minor child, Makenna N. Hugi, D.O.B. December 9, 1999. 4. The parties presently resided together and are the natural parents of the child. 5. During the past ten (10) years, the child has resided with Plaintiff and Defendant at their residence identified above. 6. The natural mother of the child is Defendant, who resides with no other individual. 7. The natural father of the child is Plaintiff who resides with no other individual. 8. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the ....,..-.,"""..""..,,.C2.".c - - .- --'-:T/I::~:,::: ,...... - ---"~--",-, .-.,." child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. 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. 10. Defendant has recently advised Plaintiff of her determination to move from her current residence to a location in Hampden Township, Cumberland County, pennsylvania. 11. As a result of Defendant's decision to move from the parties current residence, Plaintiff and Defendant have been unable to agree upon a custody schedule, pick-up and drop-off times, transportation issues, primary physical custody, holidays, medical decisions and other legal custody issues. 12. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 13. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing that plaintiff shall have primary physical custody of the child and that Defendant shall have periods of partial physical custody activities for the following reasons: (A) Plaintiff is a fit parent who can take care of the child and who can provide them with a supportive, safe and healthy 2 ',"",". _ >,. ;~',',:-~>_~:;-ijt':': ',~:'_"\_7~;,-;"-" -, -;;::.;Uj .d~ ; environment; (B) Defendant's conduct and behavior is not in the best interest of the child in that: (i) Defendant has demonstrated a loss of control and fits of anger in the presence of the minor child; and (ii) Defendant's current job schedule is not routine and Defendant is unable to continue a regular schedule due to job responsibilities; and (iii) Defendant has disparaged Plaintiff's reputation in the presence of the child, threatening a variety of results if Plaintiff does not comply with Defendant's directives and wishes. 14. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is properly cared for, including making arrangements for day care when both parents are working. WHEREFORE, Morgan R. Essig, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants plaintiff primary physical custody with liberal periods of partial physical custody to Defendant, together with an Order requiring Defendant to undergo psychological testing and anger management counselling so as to determine whether Defendant is a danger to the child. 3 Date: August 1 ' 2000 00 '< ~l ;-:,~~:", :' - 7;,'" Respectfully submitted, Andrew C. Sheely, E Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 4 ":",,;,:',""~-! "" - -.- ~,,", "^-., ',' ~" ",:: -'I" ,_, ';: .~ _,,, _ . VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 4!!f2000 '~ ~~ ~Org~SSig if > ">>'>> -,,,--,.'.'. , .. +"">,,i""."I"liIf .,,,,,,,,<,,'! > , --".~",:,'",' ,;' i '-";~J.M:.s.k', - ,.' .! ",.",<", "'!,,',' " ",+;","""""",, "-'" ",." . ." '" " """1 . g 0 0 g 0 -1'1 :pa -om ,.- .--i ~[T1 G::; 'T' rD~ z:O I ~~,1fn w52 r ~-~~ -< '7 ~, r::c; ~ -0 20 :J;; ~] ,;15 >,0 r.;:: c')rn c ~ l:'" ""' t\:l ~ ~ i ~ -{;' ., ~ ~\ \': ~ 0, ~ v <::: 2 g c.- d p~ tr ~ , , ':& -:, '" ~ ~ '3,'" ;-.J '\>. 0\\ (C"'" t " ;, -~'"'o; , ,-,"-', , _,-.:---eo< Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THECo.URT o.F Co.MMo.N PLEAS o.F CUMBERLAND Co.UNTY, PENNSYLVANIA v. NO.: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTIo.N-LA W IN CHILD CUSTo.DY Judge previously assigned: The Honorable Edward E. Guido Conciliator previously assigned: Dawn S, Sunday, Esquire o.RDER o.F Co.URT AND NOW, this day of , 2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before DAWN S. SUNDAY, ESQUIRE, the conciliator, at 39 W. Main Street, Mechanicsburg, Pennsylvania 17055 onthe_dayof ,2001,at .m.,for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or of 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. ' 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 accororilodations 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. YO.U SHo.ULD TAKE THIS PAPER TO. yo.UR LAWYER AT o.NCE, IF YO.U DO. No.T HAVE ALA WYER o.R CANNo.T AFFo.RD o.NE, Go. TO. o.R TELEPHo.NE THE o.FFICE SET Fo.RTH BELo.W TO. FIND o.UT WHERE YO.U CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~~~ 'or li__-<-, '__' ~ - ''''U Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THE Co.URT o.F Co.MMo.N PLEAS o.F : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTIo.N-LA W : IN CHILD CUSTo.DY EMERGENCY PETITIo.N Fo.R SPECIAL RELIEF AND TEMPo.RARY Mo.DIFICATION o.F CHILD CUSTo.DY o.RDER AND NOW, comes Plaintiffi'Petitioner, Morgan R. Essig, by and through his counsel, Law Offices of Craig A. Diehl, and files this Emergency Petition for Special Relief and Modification of Custody Order, respectfully stating in support thereof the following: 1. Petitioner/Plaintiff is Morgan R. Essig, (hereinafter referred to as the "Petitioner"), an adult individual who resides at 309 South Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-3808. 2. RespondentlDefendant is Dawnette R. Hugi" (hereinafter referred to as the "Respondent"), an adult individual who resides at 702 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the parents of one minor child, namely Makenna N. Hugi, born December 9, 1999. 4. On or about March 13, 2001, an Order regarding child custody was entered by the Honorable Edward E. Guido, regarding the subject child. A true and. correct copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as iffully set forth verbatim. .'.'" "--J~' . " - ""~' "'l:..-,.<fj 5. Said Order of Court awards shared legal custody to the parties with primary physical custody of the ,child to Respondent and partial custody to Petitioner. 6. The parties have been transferring custody pursuant to the schedule in the Order and Petitioner picks up the child at the day care provider's residence as provided by the terms thereof. 7. Recent events have caused Petitioner to fear for his child's safety while in the custody and control of Respondent and/or the day care provider chosen by Respondent. 8. The day care provider utilized by Respondent is an individual known as Nita. Her last name is not known by Petitioner. She is an adult individual who resides at 409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. Upon information and belief, she is private, non-licensed day care provider. 9. On Friday, November 9 , 2001, when Petitioner picked up his child from the day care provider he noticed a mark on her face that he thought was dirt. However, when he tried to clean it off the child indicated that it caused pain and that she had a "boo-boo". 10. Upon arriving at Petitioner's home, he realized that the mark on the child's face was a bruise. At that time he tried to telephone Respondentto ask her about the bruise on the child's face, but he was unable to reach her. Photographs of the bruises on the child's face are available, but are not attached hereto due to the nature ofthispetition and privacy concerns. 11. Immediately thereafter, upon changing the child's diaper, Petitioner was alarmed by a large bruise he saw on the child's right rear hip and buttocks area. Photographs of the bruises on the child's hip and buttocks are available, but are not attached hereto due to the nature ofthis petition and privacy concerns. 12. Petitioner immediately took the child to see a physician at the First Place Emergency Room and she was examined there. - . 1[&, , - - """"' ' i.__ - '-,' ~ "' ~;,":, ,'C,,< 20. Later on Monday, November 12,2001, Petitioner was interviewed by Audra Hennessey of Cumberland County Children and Youth Services at his home. She indicated that the investigation ofthis matter is proceeding. 21. Since this incident, Petitioner has made arrangements for day care for this child with a family member for approximately the next two weeks, or until an expedited conciliation conference and/or the completion of the Children and Youth and police investigations. 21. Petitioner now seeks to have the Order of Court dated March 13, 2001, temporarily modified such that he is awarded primary physical custody of the child with supervised visitation to Respondent pending an expedited conciliation conference and the completion ofthe Children and Youth and police investigations ofthe physical abuse of this child. Petitioner also seeks an Order stating that neither party shall utilize the woman known as Nita as a day care provider until further Order of Court. WHEREFORE, Petitioner, Morgan R. Essig, respectfully requests that this Court temporarily modifY the current Order of Custody thereby awarding Petitioner primary physical custody with supervised visitation to Respondent pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse. Petitioner also respectfully requests that both parties be prohibited from utilizing the woman known as Nita as a day care provider for the child pending further Order of Court, and that such other relief be granted as this Honorable Court deems appropriate. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Linda A. Clotfelter, Esquire Attorney l.D. No. 72963 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ,~--"" , , , ' '-^,'l J' ,__ <" '" '__~riO-C';'~ VERIFICATlo.N 1, the undersigned, hereby verify tha:t the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: /1 ~h( ~F~ ~ORG R. ESSIG . ^,," '" ~'~-'-.', " -, , ^". MORGAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .. vs. .. NO. 00-5450 CIVIL TERM : DAWNETTER. HUGI, Defendant CIVIL ACTION - LAW : IN CUSTODY OODER OF <nJRT AND NCM, this 13th day of \\\o..\~ consideration of the attad1ed Custody Conciliation Report, and directed as follows: , 200l, upon it is ordered l. The prior OI::'der of this Court dated O:::tober 3, 2000 is vacated and replaced with this Order. 2. The Father, Morgan R. Essig, and the Mother, Dawnette R. Hugi, shall have shared legal custody of Makenna N. Hugi, born December 9, 1999. Each parent shall 'have an equal right, to be exercised jointly with the . other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but .not limited to, all decisions regarding her health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., when the Mother shall pick up the Child at the Father.'s residence. In addition, the Father shall have custody of the Child every Wednesday from after daycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the Child to the Mother's residence. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement.. 6. Neither party shall conswne alcohol or use illegal drugs during his or her perioda of custody with the Child. 7. Unless otherwise provided in this Order or agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for'the exchange of custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. .The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms "A" E~h I j) I't " " ", -,' -~ ~ J O~ - , ~ - .' ,'., - ; ,; 't&f, j of this Order shall control. BY THE COURT, /5/ tdLLk1JlI{ r "rJ~ Edward E. Guido, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Keith O. Brenneman, Esquire- Counsel for Mother . ;c:'i; :i';; ll"'.,".,'; '.. I ,." -j !", ~ . , I _: ~ "_ f \,.: Ii ,I t;; i,.:,.;lf;l,ql), vI'L.. . ~~~ thf~ ::jI,~i;'J. 01' wi'jd '. '!~~. '''1'~ (,3 II J~. .:v ~. ~--...... ~r~ lonotarY. r , ":"t;, ~J ',' ',oDd ..,.1, ; - --:; ~ '. "', ' ., ~-- ^ " ",:'.:!i MORGAN R. ESSIG, Plaintiff : IN THE COURT OF ClJMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : .vs. : NO. 00-5450 CIVIL TERM DAwNETTE R. HUGI, Defenoant : CIVIL ACTION ~ LAW : IN CUSTODY PRIm . JUDGE: Edward E. Guido CUS'IDDY Cl::NCILIATICN SUMMARY REPCRr IN ACCCiIDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEOORE 191~.3-8, the unoersigneo Custody Conciliator submits the following report: ,1. The pertinent information concerning the Chilo who is the subject of #his litigation is as follows: NAME DATE OF BIRTH CORREliITLY IN CUSTODY OF Mak~nna N. Hugi December 9, 1999 Mother 2. A Conciliation Conference was helo on March 6, 2001, with the following indiviouals in attenoance: The Father, Morgan R. Essig, ano the , Mother, Dawnette R. Hugi. Although neither party hao counsel attencl the conf~rence, the Father is representeo in this matter by Anorew C. Sheely, Esqu~re ana the Mother is represented by Keith O. Brenneman, Esquire. 3. lhe parties agreeo to entry of an Order in the form as attached. ; 110-<c.ft Date 7 , ,kJOI , {] ,~i-L"'--bT- Dawn S. 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NO.: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTIo.N-LA W IN CHILD CUSTo.DY CERTIFICATE o.F SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy ofthe foregoing document was served upon the opposing parties by way offacsimile and United States First Class Mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (Counsel for Respondent) LAW OFFICES OF CRAIG A. DIEHL Date: 1///&/01 I I . ~J!n By: tJ A1. ~ /J7TU .-/ ./ ep A. Moore, !zegal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 , LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE MORGAN R ESSIG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, : NO. 00-5450 CIVIL TERM DA WNETTE R HUGl, CIVIL ACTION - LAW Defendant IN CUSTODY RULE AND NOW, this 11"^ day of tJ~ ,2001, it is hereby ORDERED that a RULE is hereby issued upon Respondent Morgan R. Essig, to show cause, if any he should have, why the relief requested in the Petition For Emergency Relief and For Civil Contempt filed by Petitioner Dawnette R Hugi should not be granted. RULE RETURNABLE on the , l./~ day of 1\1 ~ , 2001 at ". ft' . ,.... o'cloc~')'M. in Courtroom No..) of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania at which time a hearing on the aforementioned Petition shall be held, J, ."'''''",0''"'_ ~, ~, II ~!. "f w ~~ > __0.' r __ ,_ w_^ ~- '"'0_0 ~,<_.,,"- r",' , , ----",,, ."_c .~- ~ "~~ ~"';;-o-""~'C1' ->-' ~ "''''''''-0'<' , . ,," ,".'~'~- 0, ",.'~-~, " CC t.J1 Lrn\' !] i~Nli:n5 Clli\.; ';'~"'-'I' ","__,-1 ("-('iUi\I'1O'), 'I\,,__~t ~tJ" ',L.I \.,..i...., I, I PENNSYLlf,'INIA /1/3.G}1 //'/3 -0/ L ~-~ . ~.#~ M-~~ ~c.'-AH~'lAd ~ ~~/71 7-'~ ,'-,,~-, . ",,- , ~~~ ~~,~~~~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .c . c_,~_;, ,> ' " , , MORGAN R. ESSIG, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 00-5450 CIVIL TERM DA WNETTE R. HUG!, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of , 2001 upon consideration of the Petition of Dawnette R Hugi, it is hereby ORDERED that Dawnette R Hugi shall have immediate custody of her daughter, Makenna N. Hugi, and that physical custody of Makenna N, Hugi shall be and remain with Dawnette R Hugi until further order of this Court, By the Court: J. I . LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE ,.,., : , . MORGAN R. ESSIG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 00-5450 CIVIL TERM DA WNETTE R, HUGI, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF AND FOR CIVIL CONTEMPT Petitioner Dawnette R. Hugi, by her attorneys, Snelbaker, Brenneman & Spare P. C, petitions this Court for emergency relief and for a fmding of civil contempt and in support thereof avers the following: I. BACKGROUND 1. Petitioner is Dawnette R. Hugi, an adult individual who resides at 701 Louisa Lane, Mechanicsburg, Pennsylvania. 2. Respondent is Morgan R. Essig, an adult individual residing at 309 South Arch Street, Mechanicsburg, Pennsylvania. 3. The parties are the natural parents of Makenna N. Hugi, born December 9, 1999. 4. The parties have shared legal and physical custody of their daughter, Makenna N. Hugi, pursuant to the terms of an Order of Court dated March 13,2001. A true and correct copy of the aforementioned Order of Court dated March 13, 2001 is attached hereto and incorporated by reference herein as "Exhibit A". 5. Petitioner Dawnette R. Hugi has primary physical custody of the parties' child, I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE " Makenna N. Hugi. II. PETITIONER FOR EMERGENCY CUSTODY RELIEF 6. On Friday, November 9, 2001 Respondent Morgan R. Essig received temporary custody of Makenna N. Hugi by picking up his daughter at the parties' daycare provider at or about 4:30 p,m. 7. Pursuant to the parties' custody arrangement as set forth in the attached Order of Court, Respondent's period of custody was to end on Sunday, November 11,2001 at 6:00 p,m, 8, Respondent has failed and refused to deliver custody of the parties' child to Petitioner Dawnette R. Hugi and has failed and refused to allow Petitioner to pick up the parties' child. 9. Respondent is in violation of this Court's Order dated March 13,2001, 10. Respondent has failed and refused to answer the telephone or otherwise communicate with Petitioner with respect to providing custody of the parties' child to Petitioner Dawnette R. Hugi. WHEREFORE, Petitioner Dawnette R. Hugi resquests this Court to issue an ex parte Order preserving the status quo of primary physical custody in Petitioner and ordering and directing that immediate physical custody of Makenna N. Hugi be given to Petitioner Dawnette R.Hugi. III. PETITION FOR CONTEMPT 11. For the reasons set forth above, Respondent Morgan R. Essig is in willful violation of this Court's Order dated March 13,2001. -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WHEREFORE, Petitioner Dawnette R. Hugi requests this Court to hold the Respondent Morgan R, Essig in contempt of Court. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Dawnette R. Hugi Date: November 13,2001 -3- ~ 1-1 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , . VERIFICATIo.N 1 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, Section 4909 relating to unsworn falsification to authorities. Date: /UvOOfHu f ~ ),00 I c, > _I , ~ _ ""'~""~: MORGAN R. ESSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-5450 CIVIL TERM : DAWNE'lTE R. BUGI, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ClIDER OF COORT AND rDf, this J3th consideration of the attached and directed as follows: day of CUstody f(\o,r~ Conciliation , 2001, upon Report, it is ordered l. The prior Order of this Court dated October 3, 2000 is vacated and replaced with this Order. 2. The Father, Morgan R. Essig, and the Mother, Dawnette R. Hugi, shall have shared legal custody of Makenna N. Hugi, born December 9, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., when the Mother shall pick up the Child at the Father's residence. In addition, the Father shall have custody of the Child every Wednesday from after daycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the Child to the Mother's residence. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 7. Unless otherwise provided in this Order or agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms EXHIBIT A .'" ',",J .' , ".'" ,"..,!Jt~'": of this Order shall control. BY THE COURT, IS/ alJ(}Arl f. CJdi;d/J Edward E. Guido, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Ccunsel for Mother , :', - ~j) -..1 .' '-- - ~"'i MORGAN R. ESSIG, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. : NO. 00-5450 CIVIL TERM . . DAWNETTE R. HUGI, Defendant : CIVIL AcrION - LAW : IN CUSTODY PRIOO JUDGE: Edward E. Guido ClJSTCVY CQilCILIATICN SUMMARY REPCRr IN AClXIIDANCE WITH CllMBERLAND CCXlNTY ROLE OF crvn. PROCEDURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH aJRRENTLY IN CUSTODY OF Makenna N. Hugi December 9, 1999 Mother 2. A Conciliation Conference was held on March 6, 2001, with the following individuals in attendance: The Father, Morgan R. Essig, and the Mother, Dawnette R. Hugi. Although neither party had counsel attend the Conference, the Father is represented in this matter by Andrew C. Sheely, Esquire and the Mother is represented by Keith o. Brenneman, Esquire. 3. lhe parties agreed to entry of an Order in the form as attached. / Y1 OAch Date 7 , ,)nOI , {1.~~ Dawn S. Sunday, EsquJ.re Custody Conciliator .-..:;".. ,.".i: :. j '--' '~. ~,~ i CERTIFICATE o.F SERVICE 1, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS, Morgan R. Essig 309 S. Arch Street Mechanicsburg, PA 17055 Andrew C. Sheely, Esquire 127 S. Market Street Mechanicsburg, PA 17055 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ,/~~'v -/1 -/ Keith 0, Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717)697-8528 Attorneys for Dawnette R. Hugi Date: November 13, 2001 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I ~~"'~'""~' "'-''',~~ c, -... ~ ~, :r '11811"'-" '~'-'li.n~Mi~~j->o ., ' "',.~, ~',"", ~">'~"'~" ,''T, '~ ",:,,-~- \~ ~. '\.., CS ~ ....... ....... "(\ ~ G\ \ , '~-l .'~' ~ ~ ~ ~ ~~~ ~~l 7 r'-' ::::/ r::: :.> , ~~~~ Z --1 -<. ~ " ." ~'. ~.. '." .~ (~ C < ';' !ll t! " c.:,:) '-'} .-J - ' > ::n -c ."-' .':"."- __'.1,,'_ . MORGAN R. ESSIG, . IN THE <XlURT OF <XlMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-5450 CIVIL TERM . : DAWNETTE R. HUGI, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ORDER OF COURT . 3~ AND Nai, th1s I day of consideration of the attached CUstody Conciliation Report, and directed as follows: Pl~ , 2001, upon it is ordered 1. The prior Order of this Court dated October 3, 2000 is vacated and replaced with this Order. 2. The Father, Morgan R. Essig, and the Mother, Dawnette R. Hugi, shall have shared legal custody of Makenna N. Hugi, bom December 9, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child'S general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekenda from Friday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., when the Mother shall pick up the Child at the Father's residence. In addition, the Father shall have custody of the Child every Wednesday from after daycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the Child to the Mother's residence. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 7. Unless otherwise provided in this Order or agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. This Order is entered pursuant to an agreement of the parties at 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 ~der shall control. ~-~ Edward E. Guido, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Keith o. Brenneman, Esquire - Counsel for Mother t~ 11~ 03-13-01 ~XS fij FILED-{)ffICE C,'c 1~.J::: DPr-iTunld()"fAr:\'Y ,\ """,I.,,--_,;h.__'-.l_JINl 0\ H~,R \ 3 PI1 Z: 2.0 CUMBERLPND COUNTY ?ENNS'llVN'l\/\ "'- ". ,~_." ~ 11: ~ ~"",~,'I'Ilj~~ _'WJi%'~~ -- ' _ , " t"~I\', ~'~'""'O;~'" < ~f:I,J MORGAN R. ESSIG, Plaintiff . . IN THE COURT OF <XlMMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA . . : vs. . . NO. 00-5450 CIVIL TERM . . DAWNETTE R. HUG!, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRICR JUDGE: Edwal:d E. Guido CUSTODY CQlCILIATICN SUMMARY REPORT IN ACCOODANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Makenna N. Hugi December 9, 1999 Mother 2. A Conciliation Conference was held on March 6, 200l, with the following individuals in attendance: The Father, Morgan R. Essig, and the Mother, Dawnette R. Hugi. Although neither party had counsel attend the Conference, the Father is represented in this matter by Andrew C. Sheely, Esquire and the Mother is represented by Keith O. Brenneman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. fnOAcA Date 7, ;)nOI , {J<.~ Dawn S. Sunday, Esquire Custody Conciliator . _ 0 ","-'. ' NOV 1 3 2001 :,& Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THE Co.URT o.F Co.MMo.N PLEAS o.F CUMBERLAND Co.UNTY, PENNSYLVANIA. v. : NO.: 00-5450 CIVIL TERM DAWNETT R. HUGI, Defendant/Petitioner CIVIL ACTION-LAW IN CHILD CUSTo.DY TEMPo.RARY o.RDER Fo.R CHILD CUSTo.DY AND NOW, this day of November, 200 I, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody ofMakenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse of the child. It is further ORDERED that both parties shall be proluoited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further Order of Court. BY THE COURT: EDWARD E. GUIDO, J. ',' " ~ ~, ~", , - ~, - -;Ii NOV 1 3 2001 .56' Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THE Co.URT OF Co.MMo.N PLEAS o.F CUMBERLAND Co.UNTY, PENNSYLVANIA v. NO.: 00-5450 CIVIL TERM DA WNETT R. HUG!, Defendant/Petitioner CIVIL ACTIo.N-LA W : IN CHILD CUSTo.DY TEMPo.RARY o.RDER Fo.R CHILD CUSTo.DY AND NOW, this day of November, 2001, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody of Makenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse of the child. It is further ORDERED that both parties shall be prohibited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further Order of Court. BY THE COURT: EDWARD E. GUIDO, J. - ',~h].". ',; ',0; 'c_' .'.. , ~~ I; NOV 1 3 2001 sc. Mo.RGAN R. ESSIG, PlaintifT/Respondent : IN THE Co.URT o.F COMMo.N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . v. NO.: 00-5450 CIVIL TERM DAWNETT R. HUGI, Defendant/Petitioner CIVIL ACTIo.N-LA W IN CHILD CUSTODY TEMPo.RARY o.RDER Fo.R CHILD CUSTo.DY AND NOW, this day of November, 2001, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody of Makenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an e".'pedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation ofthe allegations of physical abuse of the child. It is further ORDERED that both parties shall be prolnoited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further o.rder of Court. BY THE COURT: EDWARD E. GUIDO, J. ,I,~ -'W~" H' "',~-';" ,'"" 1-- - ""H"~ ~ NOV 1 3 2001 .sG Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THE Co.URT o.F Co.MMo.N PLEAS o.F CUMBERLAND Co.UNTY, PENNSYL VANIA v. : NO.: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTIo.N-LA W IN CHILD CUSTo.DY TEMPo.RARY o.RDER Fo.R CHILD CUSTo.DY AND NOW, this day of November, 2001, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody of Makenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse ofthe child. It is further ORDERED that both parties shall be prohibited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further Order of Court. BY THE COURT: EDWARD E. GUIDO, J. "" ","rn ",' ~" '-,--":-,,, "":" I ,'I' '_ ~_' " ""'j;,,'~ NOV 1 3 2001 .stY Mo.RGAN R. ESSIG, PlaintifT/Respondent IN THE COURT o.F Co.MMON PLEAS OF CUMBERLAND Co.UNTY, PENNSYLVANIA v. NO.: 00-5450 CIVIL TERM DA WNETT R. HUGI, Defendant/Petitioner CIVIL ACTION-LAW IN CHILD CUSTo.DY TEMPo.RARY o.RDER Fo.R CHILD CUSTo.DY AND No.W, this day of November, 2001, the prior Order for Child Custody dated March 13, 2001, is hereby modified such that Petitioner, Morgan R. Essig is awarded primary physical custody of Makenn N. Hugi, with supervised visitation to Respondent on a temporary basis pending an expedited conciliation conference, the completion of the Child and Youth Services investigation, and the completion of the police investigation of the allegations of physical abuse of the child. It is further ORDERED that both parties shall be prohibited from utilizing the current day care provider situate at 409 Louisa Lane, Mechanicsburg, Pennsylvania pending further Order of Court. BY THE COURT: EDWARD E. GUIDO, J. MORGAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-5450 CIVIL TERM DAWNETTE R. HUGI, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 14th day of November, 2001, after hearing, the cross-petitions of the parties are denied. Our prior custody order of March 13, 2001, shall remain in full force and effect. Provided, however, that mother is not to use her current daycare provider, Nita Lala, until further order of this Court. The parties shall use the paternal grandmother as a daycare provider on a temporary basis. The parties shall cooperate in finding another appropriate daycare provider. By the Court, ---- J. Linda A. Clotfelter, Esquire Attorney for Plaintiff Sheriff .~ ~f\:~~ ~o )/0\ \/\.\? \\ !(4~<<~ .,,":...../ l)U- --, . .. / Q~ (jflCJ L~.. .. .... ;, II. (I ........ .d.Lli LLVtJU;/ Keith O. Brenneman, Esquire Attorney for Defendant srs :,1 , I ,I .--I 'I ,I ; '~;i l1I''''',,,,,,,~~,~ ~ . ..~ -- F\LED-.OfF\CE 1'." Cf[crur->'u.\TARv ,r", :.,..,;_I..".h'l 'I il Q\ NfW \ 5 ~,I~ 8: 24 CUM\3tf\J".!\D COUl\.'1Y PENNSY0/ANIA 1>.V"l!" . ~ ~, ~, 7'" ,A ,~_ ~j,~l'UJJ!W,~Ojf~lt-'!:~~~ ]l!lIl..,":_~_ .,. "' """'~ "~_W"""_=' ~ -. " ' """'" ~ ~ ~. ;.....i ~ '0'" ~'i~Ir;'~,1i.'.J vs. RECEIVED I SEP 1 2006 I BY: : IN THE COURT OF COMMo.N PLEAS o.F : CUMBERLAND Co.UNTY, PENNSYLVANIA 00- 5tf50 : NO.~661i.32% CIVIL TERM o MORGAN R. ESSIG, Plaintiff/Petitioner DA WNETTE R. HUGI, Defendant/Respondent : CIVIL ACTION. LAW : IN CUSTo.DY o.RDER AND NOW, this Jo~ day of ~ , 2006, it is hereby ORDERED and DECREED that Pl"illlif[, Me>lg!ll'l R. Lssig i, ""'''Ided k,l1lpvlaly 15.iffiary 15ftysieal etlstucty of ~1eKeHFla N. Hagi aHa D@t@aQaat Dama@tt~ R Ungi i, HWHrrl"r1 supervised visitation as mutually _a.e1'PPrl Urg~ l?y the, parti@s uFltil D"f"ndailt ~...ull11-'h;lc::s d lJlvtJ~nl :for al~9l:g~1 J::lnrl drug _rehabll~la.l~Ou. (OR) ~ Ahearing is schedule to be held before the undersigned in Courtroom Number 3 of the 1.36 ,J Cumberland County Courthouse, Carlisle, Pennsylvania, commencing at L.m. on M C,.~:;;r:::J~ the J'{ day of ~- f' ~. - , ,2006. BY THE COURT, ,D'\9 !X~ o Edward E. Guido, Judge " I I i r II " Ii i Ii il I' )', ~~ "..,,-- ,. 'C"" ~ - ..1!IlI~fflR!llr -- " 11 F1~l-"'FICE ' ..- OF 1HE PR01HONOTARY ; (2006 SEP 20 AM 1J: 41 CUMdEHLcii'vU COUNTY PENNSYLVANIA ~ ' > _ "4~ ,~,~I!l!l ~~, ="' -l'i'ff~'~h~~~" " ,~Ol1."'f-m-"l!_"-" .,-~ . "" -"~-- .. " ~, ~ ~ ~~ ~ '''i'''~,""'l ), .. ,;;v~,r.'.'- - _L_ '~ -" I ~; ~j . . ~'~~~'-'; , . t , . Mo.RGAN R. ESSIG, Plaintiff/Petitioner vs. : IN THE Co.URT OF Co.MMo.N PLEAS o.F : CUMBERLAND Co.UNTY, PENNSYLVANIA OO-Stt50 : NO.. Z006-J296-CIVIL TERM DA WNETTE R. HUGI, Defendant/Respondent : CIVIL ACTION - lAW : IN CUSTODY PETITION Fo.R EMERGENCY CUSTo.DY RELIEF AND NOW, comes Plaintiff, Petitioner, Morgan R. Essig, by and through his counsel, 1. Petitioner is Morgan R. Essig, (hereinafter "Father") an adult individual who resides at 901 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Dawnette R. Hugi, (hereinafter "Mother"), an adult individual who resides at 1409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the parents of one (1) minor child, namely, McKenna N. Hugi, born December 9, 1999, now seven (7) years of age. 4. On November 14, 2001, after hearing cross-petitions of the parties based upon physical abuse of the child and civil contempt, this Court entered an Order confirming the prior Order yet directing that the current daycare provider would be eliminated; paternal grandmother would act as a temporary daycare provider; and the parties will cooperate in finding an appropriate alternative daycare provider. A true and correct copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 5. The effective Order between the parties regarding the schedule of physical custody was entered on March 13, 2001, upon agreement of the parties reach at conciliation. ~ 'M!, " The Order awards Mother primary physical custody with partial physical custody periods to Father as designated therein. A true and correct copy of said Order is attached hereto as Exhibit "B", and is incorporated herein as it is fully set forth. 6. The Custody Order between the parties specifically states that neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the child. 7. Mother, willfully, knowingly, with a complete disregard for the safety of the child has been consuming significant amounts of alcohol and illegal drugs while having custody of the child. 8. Mother's family members have approached Father about filing this petition because they have feared for the child's safety while in Mother's custody. Those family members have agreed to testify for Father at a hearing on this Petition. 9. Very recently, Mother has spent time with her brother and sister-in-law at their home and during those visits, they have seen mother drunk and high while she had custody of the child. 10. Mother's family members have seen Mother consume approximately one-half of a thirty pack in an evening during a visit at their home. 11. Mother's family members have seen first hand Mother's severe emotional instability during violent outbursts at their home. During these outbursts Mother screams and yells and, while in a severely intoxicated state has abruptly taken the child and left in her vehicle. 12. Mother has repeatedly endangered the welfare of this child by driving the child in a vehicle severely intoxicated. 13. Mothers violent outbursts have also been directed at the child. In November, 2001, these parties appeared before this court on an Emergency Petition for Special Relief due to " -. -iiIIlIlii6oiii- -_,~,:' physical abuse as well as a cross-petition for Contempt. During a hearing on these issues this court found that the child was physically abused during Mother's custody period, but the source of the abuse could not be identified. 14. Most recently, Mother has been emotionally abusive and mentally degrading to the child which was witnessed by the Maternal Grandmother. 15. When Mother becomes upset, she lashes out at the child and strongly disciplines the child for no apparent reason. 16. Mother's alcohol and drug abuse has been witnessed by the child as Mother consumes large amounts of alcohol and uses illegal drugs while she has custody of the child in her home. 17. The Matemal Grandmother has seen first hand Mother's conduct in consuming large quantities of alcohol and using illegal drugs in her home when the child is present. 18. Mother's conduct with her social life has also been such that the family believes that it will cause irreparable harm to the young and impressionable child. 19. Mother's relationships with men have been too numerous to count and many of these men have lived with Mother and child and or spent significant time in the household with the child present. 20. Upon information and belief, Mother's most recent boyfriend will be moving into Mother's home with Mother and the child within the next two weeks. 21. Mother's family members have seen an increase in Mother's alcohol and drug abuse during Mother's time spent with this new boyfriend. 22. Mother's recent behavior has caused severe concern among the family as to the child's safety while in Mother's custody, particularly when the boyfriend is present. , . - "'tUJ ",," . '>:c': 23. As per notice from Mother, her boyfriend is expected to arrive for an extended visit tomorrow at 5:00 a.m. As a result, the family is severely concerned for the welfare of the child as it is anticipated that Mother will attempt to stay up Friday night using alcohol and drugs so that she is awake when her boyfriend arrives at 5:00 a.m. Saturday morning. 24. Mother's emotional state has been erratic in the past but it has increased to the point where her threats of suicide have become more frequent. 25. As recently as this week, Mother told Maternal Grandmother that she intends to kill herself. Maternal grandmother is willing to testify to Mother's numerous threats of suicide and her fears that her granddaughter is unsafe while in Mother's care. 26. Mother's family members fear that Mother will deny them contact with the child due to their participation as witnesses in this matter. However, Mother's family members feel so strongly about the potential harm to his child that they feel compelled to assist Father in pursuing an Order of Court that protects his child from Mother's conduct. 27. Father has a stable home environment where he is able to safely and securely care for the child. 28. Father is willing to take any and all steps necessary to take primary custody of this child while Mother seeks the professional help she so desperately needs. 29. Father would be able to permit the maternal family more quality time with the child if he has primary custody of her. 30. Father and Mother's family members are severely concerned with the potential reaction of Mother upon filing in service of this Petition. 31. Due to Mother's likely violent outbursts upon receipt of this Petition Father seeks an expedited order of Court granting him primary physical custody of the Child and ordering ~~ ...'L" ~tr;:l'-?- 3 '" C ,,~' ~ -L ~~ 1: -4-ij ::.' , 1:'" IJ> ~ ~ ~'~ ~ . 'ti 1\.... ~ ~ f:-h ~~ ~ ~ - ~t ~-, i ~~' 'S. t - ~~, - o/~ r-' .( r: ~' II I Ii f , ~" i \: I, I' f !~ ! I ~, , ":', ,[, ,;-l ' " ~' 0"". 0 Ii ',I : I I,ll ! ! , i j i ;1 I 1:1 " I' I, (I i \1 ,I I :t ~ ~' ; .l:. ~, ~ ~ ~ ~ ~ t <::) - , I" '(l' .... ~ 3' tu i' ~ ~ , Ii: ~ :s , I' :t t \) ~ ~ - ..J ... ~ ~ ~ 'f ;: JI ~".",'i'U,~,,,",'--"'~"'<"__,,,,,,,,,,,,,",, ~~ , - <"0'-- - .&Ilili;L -, ~~olg-;, supervised visitation with Mother pending professional treatment of Mother for alcohol and drug abuse and until further Order of Court. 32. Father and Mother's family members stand ready to appear before this court as soon as administratively possible. WHEREFORE, Petitioner, Morgan R. Essig respectfully requests that this Court enter an expedited Order of Court granting him primary physical custody of his daughter, McKenna N. Hugi; awarding Respondent, Dawnette Hugi supervised visitation with the child as agreed by the parties until she completes a drug and alcohol rehabilitation program and/or until further Order of Court; and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: ~ 'nda A. Clotfelter, Esquire ttorney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner . <'" ~ ^ ::s;'t Mo.RGAN R. ESSIG, PlaintiffJPetitioner vs. : IN THE COURT o.F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3296 CIVIL TERM DA WNETTE R. HUGI, DefendantIRespondent : CIVIL ACTION -LAW : IN CUSTo.DY VERlFICATIo.N I, MORGAN R ESSIG, verifY that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: 9-1:?- O~ ~O~~G e f:iT. J_ ' ~ " > ", -I,~ 'I '" ",""'.' .e,'SEP, 14,2006 5:22PM CRAIG A DIEHL ESQ NU, II j I r, L I ; ,I ," "''''--' '0" L -~ ""Co, MORGAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'1'Y I PENNSYLVANIA v. 00-5450 CIVIL TERM DAWNETTE R. HUGI, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 14th day of November, 2001, after hearing, the cross-petitions of the parties are denied. Our _. -..' . -' p.ri<>-l?-e\iSl:od}~' or<ler-~~arch n~-' 20'0'1", shall,u:eBniaih' i:ri -Iun force and effect. Provided, however, that mother is not to use her current daycare provider, Nita Lala, until further order of this Court. The parties shall use the paternal grandmother as a daycare provider on a temporary basis, The parties shall cooperate in finding another appropriate daycare provider. By the Court, ,.I.inda. A.,-J:l~lle.xu.-Es.qui.r:e...., Attorney for Plaintiff - - _.-- :--.-"-.--.'.'--. - .... ~...'.. ~__"",,"--, - __,,__u____ ~eith O. Brenneman, Esquire /Attorney for Defendant Sheriff srs T"'!~ COP-V FROM :REct't1) I~ - , . 'oY whereo I here Q lilit f\i'; hdlia J .~al of said llu~ f .'11" flli, j~, . - il..., .,. " " ,I f2",d1l 11 It" A , , ~..' ',.. 1 ;" . ~' 'SEP, 142006 5:20PM CRAIG A DIEHL ESQ NV, II j I r, 0 MO~GAN R. ESSIG, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF CUMBEllLAND COUNn:, PENNSYLVANIA : NO. 00-5450 CIVIL TERM :' IJAWNETXE R. HUGI, Defendant : CIVIL ACTION - LAW IN CUSTODY ClIDER OF cnm . . AND l'Ol, this 13t1, day of \\\o...C~ consiClIa",ation of the attached Custody Concili"tion and directed a.s follows: , 2.001, upon Report, it is ordered 1. '!he prior order of this court dated October 3, 2000 is vacated and replaced with this QrdeJ:. 2. The Father, Morgan R. Essig, and the Mother, Dawnette R. Rugi, shall have ahared legal custody of Makenna N. Hugi, born 'December 9, 1999. Each parent shall 'have an equal right; to be eltercised jointly with the . .othez:- parent, to make all major non-emergency decil3i01ls affecting the 'Child's genez:-al well-being including, but not limited to, 'all decisions regarding her health, education and religion. 3. The Mother shall have primary physical CllStoCly of the Child. 4. The Pather shall have partial physical custody of the Child on alternating weekends frOlll Friday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., When the Mother shall pick up the Child at the li'ather's residence. In addition, the Father shall have custody of the ChilCl every" Wednesday from after:Claycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the Child to the Mother's residence. 5. The parties shall share or alternate having c:'stody of the Child on holidays as arranged by agreement. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 7. Unless otherwise provided in this Order or agreed between the parties, the ,Party Z:-E!ceiving custody of ,the Child shall be responsiblE! to provide transportation for the eltchange, of custody. 8. This Ol:'der is entez:-eO pm;suant to an ..greement: of the parties ..t a custody Conciliation COnference. The parties may modify the proviSions of this Ol:'der by l11lltual consent. In the absence of mutual consent, the terms E.1-n I bit "5" , - .' ,--< ~'__i> ~ ~;~ 'SEP, 14,2006 5:21PM CRAIG A DIEHL ESQ NU, I 11 J r, l of this order shall control. BY 'I'fiE COURT, /![d~Yl~~, r ~~ J. cc:; Mar"" C. Shedy, Esquire - CCunsel for Father Keith O. Brenneman, Esquire - ccUMel for Mother , " ,,'"'' "'~-:'\' L " ',r,!~~,.nd r '. !.....:'., ":;j ?~. , fT/ (1,,8,., .n ........ ',/' ~~'^ ..~ , , .. ~' ~ ~!!lIi(_ii1}Y MORGAN R. ESSIG, Plaintiff/Petitioner vs. : IN THE Co.URT o.F Co.MMON PLEAS o.F : CUMBERLAND Co.UNTY, PENNSYLVANIA : NO.. 2006-3296 CIVIL TERM DA WNETTE R. HUGI, DefendantjRespondent : CIVIL ACTIo.N - IAW : IN CUSTo.DY CERTIFICATE o.F SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Emergency Custody Relief was served upon the interested parties as follows: Keith O. Brenneman, Esquire Snelbaker& Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (VIA FACSIMILE AND MAIL) Dated: q /16 J 0 " I Li da A. Clotfelter, Esquire At omey ID No. 72963 5 1 East Trindle Road, Suite 100 echanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attomey for Plaintiff m<""'i~IIiiiiIlWlW""''''' ~t13 ~~m~~~~''''''-i~;M!b'8<i;l\-~illi~i![:ii!Ii;:!fill_'"' ~ Ill!li*-lili:i ~ V"-";"'- ~"i.ill n '" C C:,-::;' , .J :::.:) ~ C;.'.... -fl ~ ~ -I ~r "'- hi.:!:J - ~ co ~ C :00... ). ".,0 -..\:) C,::"'J ,-.,' "-I C", ;fIJ! ~ ~ ~j '<C VI r- . ,11 ~". - ",'~ -~~~ Mo.RGAN R. ESSIG, Plaintiff/Petitioner VS. DA WNETTE R. iroGI, Defendant/Respondent " ~ ~, : IN THE Co.URT OF COMMo.N PLEAS OF : CUMBERLAND Co.UNTY, PENNSYLVANIA : NO.. 2000-5450 CIVIL TERM : CIVIL ACTIo.N - LAW : IN CUSTo.DY o.RDER AND NOW, this~ ~ day of ~ ,2006, upon consideration of the Joint Stipulation of Custody attitched hereto, the Court hereby'incorporates the Stipulation by reference into this Order of Court. Edward E. Guido, Judge . I, .....Ujn,Wl~,"..."" If!t;!llil!i~ ,.~IT ,_,_ ~ '" t:\)..()fr\CC ,,,,,/ riLl:.:. no,n.;0\,\O\f\r\ Or irfc Ph ii' ,,' r() '2& t.V',\\' \ \ l~~h s~\ . . . '. ((\'.J"H'I r<"~'" ,"""i;.J ....!...i C\)\''''f':::~ ;~';~~l:lf"\\),\!\ r\::\-\I"V' ..i,.l!JJ':~!''i?''''i'i,g;I1!~*!i>Pr~~i~1I!llli~~M'UiII~~ ,- ~~ - I, _ ~\:",:! iJ Iii i'; " !I' Mo.RGAN R. ESSIG, PlaintifflPetitioner : IN THE Co.URT o.F COMMo.N PLEAS o.F : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.. 2000-5450 CIVIL TERM DA WNETTE R. HUGI, DefendantJRespondent : CIVIL ACTION - LAW : IN CUSTo.DY JOINT STIPULATIo.N FOR CHILD CUSTODY AND NOW, the parties, Morgan R. Essig and Dawnette R. Hugi, enter into a Joint Stipulation for Child Custody in Cumberland County, Pennsylvania, with regard to their child, Makenna N. Hugi, born December 9, 1999, now seven (7) years of age, respectfully stating in support thereof the following: 1. Plaintiff is Morgan R. Essig, (hereinafter "Father") an adult individual who resides at 901 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Dawnette R. Hugi, (hereinafter "Mother"), an adult individual who resides at 1409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the natural parents of one minor children, namely, Makeuna N. Hugi, born December 9, 1999, now age 7 years, (hereinafter referred to as the "Child"). 4. A Petition for Emergency Custody was filed by Father on September 18,2006. 5. In the interest of resolving the outstanding issues between the parties, they now seek to have an Order of Court entered that includes the terms of this Stipulation. 6. The parties have agreed to the following terms for custody of their Child: - , -, ......"J.: ~."~ A. LEGAL CUSTo.DY: The parties shall share legal custody of the Child. The parties agree that major decisions concerning their child, including, but not neces~arily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the best interest of the Child. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 PaC.S.A. ~5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutnal agreement should be made, in advance, regarding the following matters: emollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing emollment in college, authorizing a child's driver's license or purchase of an automobile, authorizing employment, authorizing a child's marriage or enlistment in the armed forces, approving a petition for emancipation, ~ 4l<1~-",<:_ authorizing foreign travel, passport application or exchange student status. B. PHYSICAL CUSTo.DY: Father shall have primary physical custody of the Child and Mother shall have partial physical custody periods as follows: 1. WEEKDAYS. Every Tuesday and Thursday from after school until the following morning when Mother delivers the Child to school in the morning, or until 7:00 p.m. when there is no school; 2. WEEKENDS. Alternating weekends from after school on Friday through 7:00 p.m. Sunday beginning September 29, 2006; and 3. OTIIER TIMES. At other times as mutually agreed by the parties. 4. HOLIDAYS. The parties agree upon the following holiday schedule, which shall supercede the regular custody schedule: a. Christmas. The parties agree that the Christmas holiday shall be divided into two custody periods. The first custody period shall be from December 241h at noon through December 251h at noon and the second custody period shall be from December 251h at noon through December 261h at noon. It is agreed that Father shall have custody of the Child during the first Christmas custody period during even numbered years and Mother shall have the second period of custody and during odd numbered years Mother shall have the first period of Christmas custody and Father shall have the second period b. Other Holidays. The parties agree to alternate the following holidays: Easter, Memorial Day, July Fourth, Labor Day, and Thanksgiving. Mother shall have Easter, July Fourth and Thanksgiving in 2007 and subsequent odd years and Father shall have Memorial Day and Labor Day. The schedule will reverse in odd numbered years. The holiday custody period shall be from 9:00 a.m. through 5:00 p.m. on the day of the holiday. d. MotherslFathers Day. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The holiday custody period shall be from 9:00 a.m. through 5:00 p.m. on the day of the holiday. 5. VACATIo.NS. The parties agree that each party shall be entitled to two (2) nonconsecutive weeks during the summer for the purpose of vacations upon at least thirty (30) days' written notice to the other party. Upon a scheduling conflict for vacations, the party first giving notice shall prevail. " '.-- - 6. ALCo.HOL AND Co.NTRo.LLED SUBSTANCES. Neither party shall consume alcoholic beverages or use controlled substances to the point of intoxication while he or she has custody of the Child. Each party also agrees to assure, to the extent possible, and that other household members and/or houseguests comply with this provision. The parties further agree that certain legitimate issues were raised in Father's Petition for Emergency Custody that must to be addressed. It is the parties' intent to address these issues without a direct court order at this time. However, if the issues are not resolved in an amicable manner to both parties' satisfuction, each party reserves the right to again petition the court on these issues. C. Unless otherwise agreed, the party receiving custody shall transport the Child. D. Neither party shall remove the Child more than two hundred (200) miles from Cumberland County (or permit a third party to do so) without the consent of the other parent. E. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their Child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. F. The parents shall organize ways for their Child to maintain her friendships, extracurricnlar activities, and other special interests, regardless of which household she may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child which might interfere with regular visitation. ~ ~..... G.: ,- G. The parents shall permit and support the Child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. H. Parents should provide one another with a phone number and address where the Child may be contacted at all times, whenever reasonably possible, including but not limited to vacations and overnights with friends. I. Each parent shall be entitled to reasonable telephone and e-mail contact with the Child when in the custody of the other parent. J. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from: making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without .~ -~ ." , tJlJ ~ ~ "'-.wi, using the Child as an intermediaries. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 7. This Agreement is binding and enforceable when signed by Dawnette R. Hugi and Morgan R. Essig. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing Joint Stipulation for Child Custody are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. WITNESSES: uvh 5/V~ -~.~ " w_.. ~Il!Jil ~f:)!C> Co.MMONWEALm o.F PENNSYLVANIA SS. Co.UNTY OF CUMBERLAND On ~ day of September, 2006, before me, the undersigned officer, personally appeared DAWNETTE R. HUGI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the COMMONWEALTH Of PENNSYLVANIA same for the purposes therein contained. NOTARIAL SEAL _ DEBRA L. BLOSNICH,NotaryA'ubllc Hampden TwP., CumbWildc{;/JURty My mmission Expires Sept,ga, 2010 ~_...YA4fA/~ Co.MMo.NWEALTH o.F PENNSYLVANIA SS. co.UNTY o.F CUMBERLAND On thisd I day of September, 2006, before me, the undersigned officer, personally appeared MORGAN R. ESSIG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH Of. PENNSYLVANIA NOTARIAL SEAL" -. . . DEBRA L. BLOSNI{!~,;;Notllry Public Hampden Twp... ~U!IIliei/andCounty My C mlsslo xP~sS,pt. 23; 2010 "J ./V ~ ~~~~~~~-"~!!!llm~iliIlI~~iit,)t(<',iiI-,~i",~'Ih;l"*",~' '~I"'ni~jr~'"'-""""="'i %'it> }~:;" ,~)):,A ",~,JH.~J.f.L,jL","",~.,>",_>~"" -'.-",'<""-",I"'--~ ~" " "',~_ ,,' Ii<<~~ "~~ }jj,~ >~~~~i " ""'" " ",,"' , 0 ......, c = ~ = ,,- "'" '1J -'. r1"JD;:r U) :r!JJ ,'>- L,l! f'71 71-'--' >:;I rn r- 0::'i~> '" -niTl i~~:'; '" l5? ~"-~ '~fO :':;:.~ >:;I ~'=H -,..j' ~.(~ ::r ':)0 ~c ..c:- tsm :z -/ ::;J '" 55 , w "< !l . . ,",-<C.,: ,~~,;" ,,',,'~' <,' ''''''.'~ {,;,"" ").:';....,''^',:'d. ~"zi :--';':,,: , ' LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 September 22, 2006 VIA FACSIMILE AND HAND-DELIVERY The Honorable Judge Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: Essig v. Hugi - Child Custody Emergency Hearing Scheduled for Monday - September 25, 2006. Dear Judge Guido: As you know, the undersigned represents Plaintiff, Morgan Essig in the above referenced custody proceeding. You had s.cheduled a brief hearing for Monday on our Petition for Emergency Custody Relief. We are writing to inform you that the parties have resolved the custody issues upon agreement. The have executed a Joint Stipulation for Child Custody and we have enclosed a courtesy copy for your review. Please note that we are filing the original with the Prothonotary on this date. As a result, we will not need to take the court's time for a hearing on Monday, September 25,2006. As always, your time and your consideration have been truly appreciated. Very truly yours, inda A. Clotfelter LAC/cal cc: Keith Brenneman, Esquire (facsimile and mail) Morgan Essig (mail only) :'$ ~i~&B':?;;Etf,iiB,,-?.;;fk13f1i~~;V~~E1t~,~:~,;\t.::~~;,BJ,::~f;;:'}""~}",,~-4,,"~\, g:tg>~ ('l -d '" ~. o:r<:;-"" 21",0""- i:. ra. ~ 0 r2~~tx, ~ /:1. Ro (i (JQ ~ t:O g .... CIJ '"1 (J) '"tl~~S >'" '" III -....SP Cl ~ ~ ~ ...c 6 :-c s. w 0 (i - 00 J,JI. t"~,, 'Jot'" c .... s::~ ~ P1!'T' 0 !I:~ > z Z "'" ;=; 0 r'S: ",r- ..... '" t:l:l m ~ 1 'TJ ~~ t" ~ . tl 00 ;11' ...,"' - ~ :;l ,,- ,-, C -l t'" g;~ ~ c t"J c ~ "'."11:::::1"",:,, *- 1::11:,'1--'.,,1 "i>' "'~, \:\1:,\ I,,,\"j *" "po, !':'::I I:,n ,.. :5:1""""11 ~ ",,,,,,. UNIr,e-b I;;I::::::JI~'% ." ""JI" <r",",,~ ' ~ ::" 'I' ,i7l ~ o I:,,~",II j ~ S f"", .;} ~ ::::J;;~~ffl" o . 'I~J ".GI ~~ :. I' ;1:::i~1 "",,,1 I",,:! '""'.1 1::::::1 ",i:) 1".1"11:::)1.,.1"1 1::::::11::1".1"".:1 .. ',: e~X2~,:\j.{W;'-it~':~{{rt{.\?f1"':~~f.&~'~W;;\~1~~~@i;~)]t~"t~~'fJr;!Wg~; I j j I I I J I 'I I j ~~;~\K\~~~~'i:Jt:S:~f,f]*r~l~;;~W!f[j~f;g'~l>I:igf2:I~~-1~;., " ~.. 0' - ;.., E:::.VlI:"' '" B~ fii '" 0"-'0 f:; ii: ~ !!'I ~5' >-g "" Q. >~Il> _0> '-Ill> . o.p-o VI _ 0000 E. W. It:::- -~ o o ""."11:::1.",,:,, *' DCI "',,,1 I::~', ""," 1..,,1 ,~,... *" I:::::JI:;:::I 1:,1:1- *- 3:1''''''''1' ..... .,,,,,,, UN/l"tb ~I'''''''I i' ~ ,,:::::1 ~J" ',",% ;JJ ",I'll ~i i8 ~(I":!~~'$ ~ ::::';;~~~D ~y '" "I:::I"'i:::I~~ =. 1"" I:~::'~I ''''.,,1 1",,:1 rn".1 (;:;::1 '\C:I i:::~::1 I ,;;:1 ~,,,r,l 1..,,) 1.,1'"!I,,;[ ~ _ _'TI1}~;C;~;t~Ii!+O:-ij(t;:;%~Jj.f1!t>'g~~?I?E.t~~5.~~~;0];\t;?:YJJ,'fP~~~rt!.qtf;: AS OF CASE# OD - &!BO HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. .. -' /oj-' .~ . 'I. .~ ",.). ;r\ I,. "" \. . ., . . MORGAN R. ESSIG, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-5450 : NO. 2886-J296-CIVIL TERM vs. DA WNE'ITE R. HUGI, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF AND NOW, comes Plaintiff, Petitioner, Morgan R. Essig, by and through his counsel, Linda A. Clotfelter, who files this Petition for Emergency Custody Relief, respectfully stating and support thereof the following: 1. Petitioner is Morgan R. Essig, (hereinafter "Father") an adult individual who resides at 901 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Dawnette R. Hugi, (hereinafter "Mother"), an adult individual who resides at 1409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the parents of one (1) minor child, namely, McKenna N. Hugi, born December 9, 1999, now seven (7) years of age. 4. On November 14, 2001, after hearing cross-petitions of the parties based upon physical abuse of the child and civil contempt, this Court entered an Order confirming the prior Order yet directing that the current daycare provider would be eliminated; paternal grandmother would act as a temporary daycare provider; and the parties will cooperate in finding an appropriate alternative daycare provider. A true and correct copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth: 5. . The effective Order between the parties regarding the schedule of physical custody was entered on March 13, 2001, upon agreement of the parties reach at conciliation. , The Order awards Mother primary physical custody with partial physical custody periods to Father as designated therein. A true and correct copy of said Order is attached hereto as Exhibit "B", and is incorporated herein as it is fully set forth. 6. The Custody Order between the parties specifically states that neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the child. 7. Mother, willfully, knowingly, with a complete disregard for the safety of the child has been consuming significant amounts of alcohol and illegal drugs while having custody of the child. 8. . Mother's family members have approached Father about filing this petition because they have feared for the child's safety while in Mother's custody. Those family members have agreed to testify for Father at a hearing on this Petition. 9. Very recently, Mother has spent time with her brother and sister-in-law at their home and during those visits, they have seen mother drunk and high while she had custody of the child. 10. Mother's family members have seen Mother consume approximately one-half of a thirty pack in an evening during a visit at their home. 11. Mother's family members have seen first hand Mother's severe emotional instability during violent outbursts at their home. During these outbursts Mother screams and yells and, while in a severely intoxicated state has abruptly taken the child and left in her vehicle. 12. Mother has repeatedly endangered the welfare of this child by driving the child in a vehicle severely intoxicated. 13. Mothers violent outbursts have also been directed at the child. In November, 2001, these parties appeared before this court on an Emergency Petition for Spedal Relief due to , . physical abuse as well as a cross-petition for Contempt. During a hearing on these issues this court found that the child was physically abused during Mother's custody period, but the source of the abuse could not be identified. 14. Most recently, Mother has been emotionally abusive and mentally degrading to the child which was witnessed by the Maternal Grandmother. 15. When Mother becomes upset, she lashes out at the child and strongly disciplines the child for no apparent reason. 16. Mother's alcohol and drug abuse has been witnessed by the child as Mother consumes large amounts of alcohol and uses illegal drugs while she has custody of the child in her home. 17. The Maternal Grandmother has seen first hand Mother's conduct in consuming large quantities of alcohol and using illegal drugs in her home when the child is present. 18. Mother's conduct with her social life has also been such that the family believes that it will cause irreparable harm to the young and impressionable child. 19. Mother's relationships with men have been too numerous to count and many of these men have lived with Mother and child and or spent significant time in the household with the child present. 20. Upon information and belief, Mother's most recent boyfriend will be moving into Mother's home with Mother and the child within the next two weeks. 21. Mother's family members have seen an increase in Mother's alcohol and drug abuse during Mother's time spent with this new boyfriend. 22. Mother's recent behavior has caused severe concern among the family as to the child's safety while in Mother's custody, particularly when the boyfriend is present. 23. As per notice from Mother, her boyfriend is expected to arrive for an extended visit tomorrow at 5:00 a.m. As a result, the family is severely concerned for the welfare of the child as it is anticipated that Mother will attempt to stay up Friday night using alcohol and drugs so that she is awake when her boyfriend arrives at 5:00 a.m. Saturday morning. 24. Mother's emotional state has been erratic in the past but it has increased to the point where her threats of suicide have become more frequent. 25. As recently as this week, Mother told Maternal Grandmother that she intends to kill herself. Maternal grandmother is willing to testify to Mother's numerous threats of suicide and her fears that her granddaughter is unsafe while in Mother's care. 26. Mother's family members fear that Mother will deny them contact with the child due to their participation as witnesses in this matter. However, Mother's family members feel so strongly about the potential harm to his child that they feel compelled to assist Father in pursuing an Order of Court that protects his child from Mother's conduct. 27. Father has a stable home environment where he is able to safely and securely care for the child. 28. Father is willing to take any and all steps necessary to take primary custody of this child while Mother seeks the professional help she so desperately needs. 29. Father would be able to permit the maternal family more quality time with the child if he has primary custody of her. 30. Father and Mother's family members are severely concerned with the potential reaction of Mother upon filing in service of this Petition. 31. Due to Mother's likely violent outbursts upon receipt of this Petition Father seeks an expedited order of Court granting him primary physical custody of the Child and ordering supervised visitation with Mother pending professional treatment of Mother for alcohol and drug abuse and until further Order of Court. 32. Father and Mother's family members stand ready to appear before this court as soon as administratively possible. WHEREFORE, Petitioner, Morgan R. Essig respectfully requests that this Court enter an expedited Order of Court granting him primary physical custody of his daughter, McKenna N. Hugi; awarding Respondent, Dawnette Hugi supervised visitation with the child as agreed by the parties until she completes a drug and alcohol rehabilitation program and/or until further Order of Court; and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: ~ nda A. Clotfelter, Esquire ttorney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner MORGAN R. ESSIG, Plaio~etitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2006-3296 CML TERM DA WNETfE R. HUGI, DefendantJRespondeot : CML ACTION -LAW : IN CUSTODY VERIFICATION I, MORGAN R. ESSIG, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: 9-/:;-: 0& ~o?L~G IF fir . (; , S C 0 14 '1 rI (\ 6 5, 220M 'v . L1. . L J J ' I . . eRA! GAD! EHL ESQ. NV, I I ) I I. L I MORGAN R. ESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I'Y, PENNSYLVANIA v. 00-5450 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DAWNETTE R. HUG I, Defendant ORDER Qf COURT AND NOW, this 14th day of November, 2001, after hearing, the cross-petitions of the parties are denied. Our , 0" p.r-i<>-F.~t'O~"" order-o'f-March -r3~-' 20Ul", shCli: lr o '!,'ema ih . 'in -fun _..---. ... --.:.-. . force and effect. Provided, however, that mother is not to use her current daycare provider, Nita Lala, until further order of this Court. The parties shall use the paternal grandmother as a daycare provider on a temporary basis. The parties shall cooperate in finding another appropriate daycare provider. By the Court, '_ __ "h, ...Linda. A,_...clo..1:Ull~-Es!lU-ix:e,... Attorney for Plaintiff - - -. "'- ," _ _.-.>0-._.. aiM ._ _-. - . .... -.. .'. .. ___....:..- . a '_"'_N'" _ ~eith O. Brenneman, Esquire /Attorney for Defendant Sheriff srs " .. III t:,)L ~1l l:J i t ,~ A 'SEP. 14.2006 5: 20PM CRAIG A DIEHL ESQ. N V. I I j t r. 0 MORGAN R. ESSIG, . IN THE <X>t]RT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . VIS. . NO. 00-5450 CIVIL TERM . :' DAWNETrE R. HUGI, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CIIDER OF cnlR'l' . . AND tUf, this }3~ day of '0\o...r~ c:onsi&iJ;ation ot the atte..c:hed Custody Conciliation and directed as follows: , 2001, upon Report, it is ordered 1. '!he prior crtIer of this court dated October 3, 2000 is vacated and replaced with this Order. 2. The Father, Morgan R. Essig, and the Mother, Oa~ette R. augi, shall have ahare.CI legal custody of Makenna N. Bugi, born'Decembet' 9, 1999. Each parent shall 'have an equal ri9ht; to be exercised jointly with the . . other parent, to make all major non-emergency decisions affecting the . Child's genez:oal well-being including, but not limited to, 'all decisions regardirY3 her health, educatioo and religion. 3. The Mother shall have primary physic~l cuatoCly of the Child. 4. The Father; shall have partial physical custody of the Child On alternating weekends frOltl Fdday, when the Father shall pick up the Child at the daycare provider by 4:20 p.m., through Sunday at 6:00 p.m., when the Mother shall pick up the Oli1d at the Father's residence. In addition, the Father IShall have custody of the Child 'every' Wedneeday fran after daycare, when the Father shall pick up the Child by 4:20 p.m. through 8:00 p.m., when the Father shall transport the ~ld to the Mother'e residence. 5. The parties shall share or alterna.te having c:1:1stody of the Child on holidays as an-anged by agreement:. 6. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 7. Unless otherwiae provided in this Ck'der or' agreed between the part:ies# the party receiving oustody of ,the Child shall be respot)5ible to provide tr:ansportation for the exchange, of custody. 8. This Order is ente!;'ed pursuant to an agreement of the partios at a CUstody Conciliation COnference. The parties may m:>dify the provisions of this Or:der by mutual consent. In the absence of mutual consent; the terms E ~ h I tJ t' t "f!J . II 'SEP. 14.2006 5:21PM CRAIG A DIEHL ESQ NV. I : J I r. ') of this order shall control. B~ TfiE COURT I /!tih:~, t. ~ J. cc; Anclrew C. Sheely, Esquire - Counsel for: Father Keith o. Brenneman I Esquire - Ccunsel for Mother . .' MORGAN R. ESSIG, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-3296 CIVIL TERM DA WNETTE R. HUGI, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Emergency Custody Relief was served upon the interested parties as follows: Keith O. Brenneman, Esquire Snelbaker& Brenneman, P .C. 44 West Main Street Mechanicsburg, PA 17055-0318 (VIA FACSIMILE AND MAIL) Dated: q I ( 5 J 0 V f Li da A. Clotfelter, Esquire At orney ID No. 72963 5 1 East Trindle Road, Suite 100 echanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ......,.,') -- J .n 'jb ( f\ ~ 1 -1- ~ V\ \11;2 ..... ~ co ~ ~ C - "P ~ ~ -.l <::l(I ~ V\ r .---- I ~~/..-...,,__,.-,., _"__':""--..,-'; vs. SEP 1 9 2006 lEI ~~ic-__~. -__J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00" 54-SO : NO.~66-3.%% CIVIL TERM o MORGAN R. ESSIG, Plaintiff/Petitioner DA WNETTE R. HUGI, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this Ju~ day of ~ ,2006, it is hereby ORDERED and DECREED that Pla~ut~ff, MOIgan R. Essig is aW'l1ded tempolc11Y primary physical Ctl~tuJy of ,McKenna N. Hugi and D@f@RGant DawRette R Hllg; j" ::Iw::Irded supervised visitation as mutually .,gerepd upon by th€ parties until Defendant wlllph::lt:;s d ploglhm for alcol:1cl ::Iud drug -t:0habil~tat~on. (OR) /~ A hearing is schedule to be held before the undersigned in Courtroom Number 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania, commencing at ~ CP--A::r::::J r41 the J:; day of CT- r ---. ~ , ,2006. 1.'30 t.m.on BY THE COURT, Edward E. Guido, Judge 'VlN'i^lASNN3d AlNnOC:' (j~.;\nH38V'lna , ~ :" \al'l OZ d3S 9nOl " , AHV10NOHlO'dd 3H.l :!O 381:!::lQ-G311::t <J MORGAN R. ESSIG, PlaintiffIPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2000-5450 CIVIL TERM DA WNETTE R. HUGI, DefendantIRespondent : CML ACTION - LAW : IN CUSTODY JOINT STIPULATION FOR CHILD CUSTODY AND NOW, the parties, Morgan R. Essig and Dawnette R. Hugi, enter into a Joint Stipulation for Child Custody in Cumberland County, Pennsylvania, with regard to their child, Makenna N. Hugi, born December 9, 1999, now seven (7) years of age, respectfully stating in support thereof the following: 1. Plaintiff is Morgan R. Essig, (hereinafter "Father") an adult individual who resides at 901 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Dawnette R. Hugi, (hereinafter "Mother"), an adult individual who resides at 1409 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the natural parents of one minor children, namely, Makenna N. Hugi, born December 9, 1999, now age 7 years, (hereinafter referred to as the "Child"). 4. A Petition for Emergency Custody was filed by Father on September 18, 2006. 5. In the interest of resolving the outstanding issues between the parties, they now seek to have an Order of Court entered that includes the terms of this Stipulation. 6. The parties have agreed to the following terms for custody of their Child: A. LEGAL CUSTODY: The parties shall share legal custody of the Child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the best interest of the Child. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. ~5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing a child's driver's license or purchase of an automobile, authorizing employment, authorizing a child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. B. PHYSICAL CUSTODY: Father shall have primary physical custody of the Child and Mother shall have partial physical custody periods as follows: 1. WEEKDA YS. Every Tuesday and Thursday from after school until the following morning when Mother delivers the Child to school in the morning, or until 7:00 p.m. when there is no school; 2. WEEKENDS. Alternating weekends from after school on Friday through 7:00 p.m. Sunday beginning September 29, 2006; and 3. OTHER TIMES. At other times as mutually agreed by the parties. 4. HOLIDA YS. The parties agree upon the following holiday schedule, which shall supercede the regular custody schedule: a. Christmas. The parties agree that the Christmas holiday shall be divided into two custody periods. The first custody period shall be from December 24th at noon through December 25th at noon and the second custody period shall be from December 25th at noon through December 26th at noon. It is agreed that Father shall have custody of the Child during the first Christmas custody period during even numbered years and Mother shall have the second period of custody and during odd numbered years Mother shall have the first period of Christmas custody and Father shall have the second period b. Other Holidays. The parties agree to alternate the following holidays: Easter, Memorial Day, July Fourth, Labor Day, and Thanksgiving. Mother shall have Easter, July Fourth and Thanksgiving in 2007 and subsequent odd years and Father shall have Memorial Day and Labor Day. The schedule will reverse in odd numbered years. The holiday custody period shall be from 9:00 am. through 5:00 p.m. on the day of the holiday. d. Mothers/Fathers Day. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The holiday custody period shall be from 9:00 a.m. through 5:00 p.m. on the day of the holiday. 5. VACATIONS. The parties agree that each party shall be entitled to two (2) nonconsecutive weeks during the summer for the purpose of vacations upon at least thirty (30) days' written notice to the other party. Upon a scheduling conflict for vacations, the party first giving notice shall prevail. 6. ALCOHOL AND CONTROLLED SUBSTANCES. Neither party shall consume alcoholic beverages or use controlled substances to the point of intoxication while he or she has custody of the Child. Each party also agrees to assure, to the extent possible, and that other household members and/or houseguests comply with this provision. The parties further agree that certain legitimate issues were raised in Father's Petition for Emergency Custody that must to be addressed. It is the parties' intent to address these issues without a direct court order at this time. However, if the issues are not resolved in an amicable manner to both parties' satisfaction, each party reserves the right to again petition the court on these issues. C. Unless otherwise agreed, the party receiving custody shall transport the Child. D. Neither party shall remove the Child more than two hundred (200) miles from Cumberland County (or permit a third party to do so) without the consent of the other parent. E. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their Child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. F. The parents shall organize ways for their Child to maintain her friendships, extracurricular activities, and other special interests, regardless of which household she may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child which might interfere with regular visitation. G. The parents shall permit and support the Child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. H. Parents should provide one another with a phone number and address where the Child may be contacted at all times, whenever reasonably possible, including but not limited to vacations and overnights with friends. 1. Each parent shall be entitled to reasonable telephone and e-mail contact with the Child when in the custody of the other parent. J. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from' making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak: respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediaries. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 7. This Agreement is binding and enforceable when signed by Dawnette R. Hugi and Morgan R. Essig. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing Joint Stipulation for Child Custody are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. WITNESSES: ~AdvcL / ' 5~~ COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND On trudL day of September, 2006, before me, the undersigned officer, personally appeared DA WNETTE R. HUGI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the COMMONWEALTH Of PENNSYLVANIA same for the purposes therein contained. NOTARIAL SEAL DEBRA L. BLOSNICH, Notary Public Hampden Twp., Cumbertand County My mmission Expires Sept. 23. 2010 ~rnryPu~~p A/~ ~ COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND On thisd I day of September, 2006, before me, the undersigned officer, personally appeared MORGAN R. ESSIG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. CONtMONWEAlTH OF -PENNSYLVANIA NOTARIAl SEAL DEBRA L. BLOSNICH,Notary Public Hampden ~WP., C~mberland County My emissIon XPlleS Sept. 23. 2010 b.J /L/ ~ o ~ <:':10-, -"_'(1:> ~Jr,! ~-::. l~" : r--..) = = c:r-- (/) f"T1 V N N ~ ~:o rnr- -om -nO ,.-) 1.) "-:1(." ..T: :+l ) (-') z ejm --I 'r:> "'D ~ ~ ""-:- N W MORGAN R. ESSIG, Plaintiff/Petitioner VS. DAWNETTE R. HUGI, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5450 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this~ ~ day of ~ ' 2006, upon consideration of the Joint Stipulation of Custody attached hereto, the Court hereby'incorporates the Stipulation by reference into this Order of Court. Edward E. Guido, Judge V!i\l\j^lAS;~rEjd '.' 'f-"~. '-'.' ,.'.:, :--"..-..'^'n" 1\ :t,.' ' :: .:-}.j1t'H v : II ~nl 92 dJS qUill "C" ,,'" 'i -" I I ::lHl -10 III 'i\i0n.I.UdO"'1 ;;J 3Jlj~o-031!:l