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Home My WebLink About00-07666 JAN 122 BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JESSE COLIN MARSHALL, : NO. 00 - 7666 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 110` day of January, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the n day of 1 l 1?, A 2001, at '6; q S .M. at which time testimony will be taken in this case. At this hearing, the Father, Jesse Colin Marshall, shall be the moving party and shall proceed initially with testimony. The scope of the hearing shall involve all relevant matters as they relate to which parent should have primary physical custody of the minor child. Counsel for both parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this Court, the following temporary custody order is entered: A. The Mother, Bridget Harhigh, and the Father, Jesse Colin Marshall, shall enjoy shared legal custody of Ariel Marshall-Leach, born October 24, 1998. B. The Mother shall continue to enjoy primary physical custody of the minor child and may live with the minor child in Deer Park, New York in accordance with this Court's prior Order of November 30, 2000. w C. The Father shall enjoy physical custody of the minor child one week out of four weeks, the time being one of the weeks Father is off from work. The parties shall work out between themselves the exact times and procedures with respect to exchange of custody. BY cc: Galen R. Waltz, Esquire Karl E. Rominger, Esquire Edgar Bayley M \ te p\ BRIDGET HARHIGH, Plaintiff v JESSE COLIN MARSHALL, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 7666 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ariel Marshall-Leach, born October 24, 1998. 2. A Conciliation Conference was held on January 5, 2001, with the following individuals in attendance: The Mother, Bridget Harhigh, with her counsel, Galen R. Waltz, Esquire; and the Father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire. This case is somewhat complicated procedurally. Mother had filed a Complaint for Custody and at the same time had filed a Petition for Special Relief. Judge Bayley scheduled a hearing on the Petition for Special Relief and by Order of November 30, 2000 allowed the Mother to take the child to Deer Park, New York where Mother was living at the time. The case then came before the Conciliator on the Complaint for Custody. The Conciliator met with Judge Bayley to confirm procedurally how the Court wanted to handle the Custody Complaint at this time. 4. The Father now asserts that there is additional evidence that the Court should consider with respect to whether Father should be awarded primary physical custody. For purposes of the upcoming proceedings, the Court's Order of November 30, 2000 should be interpreted to be a Order entered based solely on the Petition for Special Relief and not an Order disposing of the merits of the claim with respect to which parent should have primary physical custody. The November 30, 2000 Order was limited only to the issue at that as to whether the Mother could take the child to New York where Mother was residing at the time. The Father is entitled to a hearing on the merits of the custody issue. 5. The Father works a shift where he works seven days and is off seven days. The Conciliator recommended that the Father have one week out of four with the minor child, with his time being one of the weeks that he is off work. 6. The Conciliator recommends°the entry of an order in the form as attached. DATE Hubert X. Gilroy, Esq Custody Conciliator BRIDGET HARHIGH, Plaintiff, V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 CIVIL TERM CIVIL ACTION - CUSTODY PRE-TRIAL MEMORANDUM Pursuant to the January 17, 2001 Court Order requesting the filing of a Memorandum at least five (5) days prior to the March 2, 2001 hearing date, comes Bridget Harhigh, Plaintiff, by and through her attorney, Galen R. Waltz, Esquire, who advises this Honorable Court of the following: HISTORY 1. Minor child, Aria[ Marshall-Leach, was born October 24, 1998. 2. The natural mother, Bridget Harhigh, is an adult individual who currently resides at 23 Toysome Lane, Deer Park, New York and has resided at such address since on or about October 31, 2000. 3. Neither the natural mother nor the natural father have been married to each other. 4. The natural mother, Bridget Harhigh, is married to Richard Harhigh. 5. Since the birth of the minor child, Arial Marshall-Leach, the mother has been the primary physical and legal custodian. 6. On October 30, 2000, at 8:50 A.M. a Complaint for Custody was filed on behalf of the natural mother who sought sole legal and physical custody of the minor child. 7. On October 30, 2000, at 9:06 A.M. on behalf of the natural mother, a Petition for scheduling of Plowman Hearing was filed with the Court of Common Pleas of Cumberland County, Pennsylvania. 8. On November 3, 2000 an Order was issued establishing a December 14, 2000 conciliation pre-hearing custody conference. 9. At the request of the natural mother's attorney, the December 14, 2000 pre-hearing custody conference was continued to January 5, 2001. 10. On November 30, 2000 a hearing was held before the Honorable Judge Bayley regarding the Petition for scheduling of Plowman Hearing. 11. On November 30, 2000 the Court granted the Petition of the mother to move the minor child, Arial Marshall-Leach, to Deer Park, New York. 12. Following a pre-hearing custody conference on January 5, 2001 before Hubert X. Gilroy, Esquire, a Memorandum was issued. 13. By Order of Court, dated January 17, 2001, a hearing is scheduled in Courtroom No. 2 at the Cumberland County Courthouse for March 2, 2001 at 8:45 A.M. ISSUES 14. Whether this Honorable Court can take judicial notice of the November 30, 2000 Plowman Hearing record and incorporate all of its testimony into the March 2, 2001 record? Suggested Answer: Affirmative 15. Whether it is in the best interest of the said minor child to remain with her natural mother as primary physical custodian? Suggested Answer: Affirmative. 16. Whether it is in the best interest of the said minor child to remain with her natural mother as legal custodian? Suggested Answer: Affirmative. 17. Whether natural father, an admitted alcohol abuser, drug abuser and dealer, should have increased legal and physical custody of said minor child? Suggested answer: Negative. 18. Whether the natural father, whose ability to make good decisions on his own behalf are questionable, i.e. drug use, alcohol abuse, drug dealing and driving a motor vehicle on a suspended drivers license, should be provided legal custody of said minor child? Suggested Answer: Negative. 19. Whether or not natural father, who physically and mentally abused the natural mother in front of said minor child, should receive increased physical custody of said minor child? Suggested Answer: Negative. 20. Whether the natural father's visitation with said minor child should be decreased to one weekend visitation a month? Suggested Answer: Affirmative. 21. Whether or not the minor child should continue to be exposed to high-level mold spores and supplemental kerosene heating conditions during the natural father's visitation weekend? Suggested Answer: Negative. 22. Whether or not the natural father should be required to submit to an unannounced drug test to determine his continued abuse of alcohol and drugs? Suggested Answer: Affirmative. 23. Whether or not the residence, where said minor child resides when visiting with natural father, should have performed upon it an air quality test due to potential allergic reactions of said minor child to mold, dust, cigarette smoke? Suggested Answer: Affirmative. WITNESSES/PROPOSED WITNESS TESTIMONY 24. Frank Buchner: Mr. Buchner lives in New York and has first hand knowledge of the child care provided by natural mother and her husband; in addition, Mr. Buchner will be able to attest to the stability of Mr. Harhigh's employment and the financial aspects relating to the Harhigh's relocation to New York. 25. Bridget Harhigh: Is expected to advise the Court of her constant caring and devotion towards the said minor child since birth. 26. Richard Harhigh: Mr. Harhigh will serve as a rebuttal witness 27. Danielle Johnte: Ms. Johnte will testify to the consistent love and affection both Bridget and Rick have demonstrated towards Ariel. The Plaintiff reserves the right to amend the witness/witness testimony list. A Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Respectfully Submitted TURO LAW OFFICES CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiffs Memorandum upon Karl E. Rominger, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the day of .??? vrt 2001, from Carlisle, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire Rominger Law Offices 155 South Hanover Street Carlisle, PA 17013 TURO LAW OFFICES C_ 'Gafen R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7666 CIVIL TERM JESSE COLIN MARSHALL, CIVIL ACTION CUSTODY Defendant PRE-TRIAL MEMORANDUM AND NOW, comes Jesse Collin Marshall, by and through his counsel, Karl E. Rominger, Esquire, and advises this Court of the following: HISTORY 1. This case was previously heard by the Honorable Judge Bayley, November 30, 2000. The purpose of this hearing was strictly limited to the issues of a Plowman Hearing, and permission for the minor child, Arial Marshall Leach, to move to Deer Park, New York with the Mother/Petitioner was granted. 2. A Pre-hearing Custody Conference was held on January 5, 2001, before Hubert X. Gilroy. A memorandum was issued. This Honorable Court issued an Order on January 17, 2001, scheduling a hearing for March 2, 2001 at 8:45 a.m. 3. Issues since the time of the Plowman Hearing, and only a few weeks after leaving for Deer Park, the child's mother returned for several weeks to this area indicating that she intended to leave her husband. She apparently decided to go back to her husband after several weeks of staying with her parents in Shermandsdale. Father suggests that the mother lacks the requisite maturity and stability that this child requires. Immediately after for permission to move to Deer Park, she moved back to this area for a number of weeks. If she did so on a whim, it is father's belief that this is symptomatic of the poor relationship between her and her husband. 5. Additionally, father intends to call several family members of Bridget Harhigh, who are expected to indicate that the relationship between her and her husband is abusive and tumultuous. The father submits that these issues make him the better care provider, especially given the fact that he can provide a more stable home environment, in the vicinity of the minor child's maternal and paternal grandparents and other relatives. 6. Finally, Petitioner notes that at the time of the conciliation, Bridget Harhigh had not sought additional employment or new employment in Deer Park. In fact, in the new section Proposed Witnesses, Bridget Harhigh is expected to testify to leaving the marital home on a whim, returning to Perry County for a number of weeks, and in general to the tumultuous relationship which she has with Mr. Harhigh. Robin Leach, the maternal grandmother, will be called to testify to incidents of abuse, her knowledge of the same, and her knowledge of the tumultuous relationship and her daughter's reasons for coming home immediately after being granted permission to move out of state. 7. Sherry Leach, a maternal aunt, will be called to testify to involvement with the child and her desire that the child stay in this jurisdiction. It is also expected and believed that she has information concerning the tumultuous and abusive aspects of the relationship. CONCLUSION It is expected that Petitioner's case will not take long, as Petitioner believes that the Trial Judge is more than capable of recollecting testimony solicited at the Plowman Hearing and is edified in the Trial Judge's notes. Petitioner respectfully submits that the best interests of the child will not be met by continuing to grant primary physical custody to the mother under the circumstances as they exist and happenings since the time of the Plowman Hearing. When in read in conjunction with the testimony taken in the period prior to the Plowman Hearing. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner Dated: February 27, 2001 r- BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL DEFENDANT 00-7666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of November , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 14th day of December , 2000, at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ Hubert X. Gilroy, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Cy '., !,R 00 NOV -7 N 'l 2. ?4 C±mttl-;L/AVC CJUNn-y PENNSYLVANIA d17loo %1.7.0eO j/° -2,or t BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.60* CIVIL TERM JESSE COLIN MARSHALL, CIVIL ACTION - CUSTODY Defendant ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2000, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, 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, PA 17013 (717) 249-3166 Y BRIDGET HARHIGH, Plaintiff, V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.0"1'6G CIVIL TERM CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Bridget Harhigh, an adult individual whose residence is at 4174 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jesse Colin Marshall, an adult individual whose residence is at 6 Spruce Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child, Ariel Marshall-Leach, born October 24, 1998, currently residing at 4174 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. The child is presently in the custody of Plaintiff. 5. Since the child birth, the child has resided at the following addresses: Name Address Dates Ariel Marshall-Leach 4174 Nantucket Dr. 05/2000 to present 86 Ocean Ave. N.Y. 10/24/99 to 05/2000 501 Windy Hill Rd. Pa. 10/24/98to 10/24/99 6. The relationship of the Plaintiff to the child is that of natural mother. 7. The relationship of the Defendant to the child is that of natural father. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. A Petition For Scheduling Of Plowman Hearing has been filed contemporaneously with this complaint; otherwise the Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 4 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court grant sole legal and physical custody of the minor child, Ariel, to the mother, Plaintiff herein. Respectfully Submitted O ®a Date TURD LAW OFFICES Ga en R. Waltz, Esq 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ru r. VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ?j Date` midge arhigh ° Q o f C C?% C,•, t'J BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-1666 CIVIL TERM JESSE COLIN MARSHALL, CIVIL Defendant PRE-PLOWMAN HEARES Respondent, Jesse Colin Marshall, by and th hereby provides the following information to the a Pretrial Custody Memorandum. CUSTODY his counsel, Karl E. Rominger, Esquire prior to the Plowman Hearing in form of BACKGROUND Petitioner has requested this Plowman Hearin and removed the minor child from the state of Pennsylvania, apparently to Deer Park, New York. Since doing the same, Petitioner has not provided Respondent with telephone contact number or any other means of contacting Respondent directly, nor has Petitioner updated or consulted Respondent on any of the child's needs, status or condition. It is expected to be shown at the hearing that Petitioner previously went to New York for an eight month period during which time she would Ove neither an address nor a telephone number to Respondent. Respondent was unable to contact or locate his minor child until Petitioner voluntarily returned to Pennsylvania. Respondent has been seeing the child every other weekend from approximately 7:00 p.m. on Fridays until 9:00 p.m. on Sundays. It is Respondent's wish to maintain and continue to be a material care giver to this child. In addition, Respondent has come across information which makes him desirous of obtaining primary physical custody. We will be addressing his issues at the conciliation and beyond. That said, Respondent believes that the best interest of the child would be met by temporarily vesting primary physical custody in him pending the conciliation now scheduled in front of Hubert Gilroy for December 14, 2000. Respondent plans to have the following witnesses available at the Plowman Hearing and will offer each of the following to testify as described; 1. Respondent, Jesse Colin Marshall will testify to his ability to care for the child, his desire to do so, and to the fact that previously, the Petitioner, Bridget Harhigh, has removed the child from the jurisdiction and has not allowed or maintained contact between the father and the child. 2. Carol Marshall, the paternal grandmother will testify to Jesse Marshall's ability to provide a caring and nurturing home, and also about her observations in regards to bruising on the child, Ariel and to the fact that the child has been provided for weekend visitations in a dirty and unkempt manner. 3. Bridget Harhigh, formerly Bridget Leach, will be called as on cross to testify to the numerous occasions on which she has told Respondent, the father, that she no longer wished to care for Ariel, but that she feared her husband, Rick Harhigh's reaction and she feared physical retribution if she turned the child over to her natural father. Additionally, she will be expected to testify as to several incidents of bruising and an incident where Rich Harhigh hit the child, pushing the child's tooth through the child's lip. 4. While not under subpoena, if he is in attendance at the hearing Defendant intends to call Rick Harhigh to testify about the events surrounding the striking of the child's mouth and the bruising of the child's rear end on two separate occasions. Additionally, he will be cross- examined on job availability and opportunities in Pennsylvania and those matters directly related to the Plowman question. 5. Nicole Easton will be available to testify to the bruising and filthy condition of the child on one particular weekend visitation. 6. Robin Leach, the maternal grandmother will be called to testify to the incidence of abuse and her knowledge of the same. 7. Sherry Leach, a maternal aunt will be called to testify to her involvement with the child and her desire that the child stay in this jurisdiction so that family interactions may continue, and in addition she is expected to testify and confirm that acts of abuse have occurred. CONCLUSION It is expected that Petitioner will not be able to justify the move under the standards set out by Plowman. The child's family resides in this area, and there is no family in Deer Park, New York, except for the mother and step-father. Further, Respondent has maintained active participation with the child previously. In addition, Petitioner has taken the child out of the area into an unmonitored situation, where previous acts of abuse may be repeated and more easily covered. Therefore, the best interests of the child will not be met by granting primary physical custody to the mother under the circumstances. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant BRIDGET HARHIGH, : IN TFI COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVILI ACTION -LAW JESSE COLIN MARSHALL, : NO. 00-76676 - CIVIL TERM Defendant : IN CUSTODY CERTIFICATE 0 SERVICE I hereby certify that on this date, November 29, 2 00, I mailed a copy of the Pre-Plowman Hearing Memorandum to the following person at the following address by U.S. Mail, postage prepaid: Galen R. Waltz, Esquire RON TURO LAW OFFICES 28 SouthiPitt Street Carlisle, A 17013 i arl E.1tominger, Esquire BRIDGET HARtIIGH, : IN T COURT OF COMMON PLEAS OF Plaintiff : C ERLAND COUNTY, PENNSYLVANIA UMB V. CIVILi ACTION - LAW JESSE COLIN MARSHALL, NO. 0 -76676 - CIVIL TERM Defendant IN CUSTODY I hereby certify that on this date, November 29, 2000, I mailed a copy of the Pre-Plowman Hearing Memorandum to the following person at the following address by U.S. Mail, postage prepaid: The Hon rable Edgar B. Bayley One Courthouse Square Carlisle, PA 17013 arl E. Rominger, Esquire BRIDGET HARHIGH, Plaintiff, V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 60? CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW this day of (/J/Qihr l 2000, upon consideration of the Petition for Special Scheduling of Plowman hearing as filed by Plaintiff, a hearing is hereby ordered to be held on the day ofVZOZ.`?'iin (iG? r_ , 2000, at 0 m. in Courtroom No. D of the Cumberland County Courthouse. BY THE COIF I I - 3-Ob R?g 1 jai V ri ;1vt% w?'t.iNl1 C `J t?? ? E?INSY l`! AN! R I' ,_ BRIDGET HARHIGH, Plaintiff, V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 766(1 NO.00- CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR SCHEDULING OF PLOWMAN HEARING 1. Plaintiff is Bridget Harhigh, an adult individual whose residence is at 4174 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jesse Colin Marshall, an adult individual whose residence is at 6 Spruce Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has primary custody of her daughter, Ariel Marshall-Leach (D.O.B. October 24, 1998). 4. There are no Custody Orders in existence relative hereto. 5. On or about October 31, 2000, Plaintiff will have moved from her current address and relocate to 23 Toysome Lane, Deer Park, New York. 6. Plaintiff is married to Rick Harhigh. 7. Plaintiff's husband, Rick Harhigh, accepted a new position and with an effective job start date of November 6, 2000. 8. Plaintiff, who formally worked a swing manager for McDonalds, shall transfer her position to McDonald's in New York. 9. As a direct result of the job relocation the combined salary of Plaintiff and her husband will substantially increase from its current amount. 10. The Plaintiffs husband shall receive medical benefits in the new position, a substantial year end bonus and substantial raises, all of which are non-existent at the current Pennsylvania positions; in addition there are recreation facilities available for the minor child that are in closer proximity to her New York residence then what exist at her Pennsylvania residence; there are numerous parks located near the residence and the minor child, Ariel, has friends at the new residence. 11. New York will provide similar schools that are closer to the residence than what exists in Pennsylvania and the community in Deer Park is similar to Cumberland County; The cost of living is somewhat higher in New York, however the substantial increase in salary compensates not only for the increase in the cost of living but also shall produce a significant surplus. Mother and daughter have previously lived in the relocated area for approximately eight (8) months, during which time the Defendant was aware of the relocation and did not attempt to visit the minor child. Plaintiff will provide significant time during the year and summer to the Defendant after relocation. 12. This Petition is made pursuant to the directions in Plowman v. Plowman, 409 Pa. Super 143, 597 A. 2d 71 (1991), providing for a full evidentiary hearing which should be held either prior to the proposed relocation or shortly after the relocation. WHEREFORE, Plaintiff respectfully requests this Honorable Court to hold a hearing and, after hearing, allow the proposed relocation. Respectfully submitted, TURO LAW OFFICES Z Date Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition For Scheduling Of Plowman Hearing are true and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Date Bridg arhigh CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for Scheduling of Plowman Hearing upon Jesse Colin Marshall, by depositing same in the United States Mail, first class, postage pre-paid on the 27th day of October, 2000, from Carlisle, Pennsylvania, addressed as follows: Jesse Colin Marshall 6 Spruce Drive Carlisle, PA 17013 C-- 28 South Pitt Streat Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff TURO LAW OFFICES c a ? - n z n-; C/3 e'• O '": C, Z O ? (i c l ?) p < t1 { BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-766 CIVIL TERM CIVIL ACTION CUSTODY PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant, Jesse Colin Marshall. Date: November 29, 2000 Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL, DEFENDANT 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this Td day of November, 2000, following a hearing on the merits, the petition of Bridget Harhigh to move Ariel Marshall-Leach, born October 24, 1998, to Deer Park, New York, IS GRANTED. By the Gburt, %- Edgar B. Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Father :saa r BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2001, this matter having been called for a hearing, the parties having reached an agreement, the following order is entered: 1. The temporary custody order entered on January 17, 2001, is vacated. 2. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall have joint legal custody of Arial Marshall-Leach, born October 24, 1998. 3. The mother shall have primary physical custody of Arial. 4. The father shall have periods of temporary physical custody with Arial on the following schedule: a. Each summer for a period of one continuous month upon three months' advanced notice to the mother. b. One week a month, to be arranged consistent with his work schedule, and reasonable advanced notice to the mother. C. At such other times as the parties may agree 5. The father, who lives at the paternal grandmother's house, will allow at the mother's expense and upon reasonable notice, a qualified professional to conduct an air quality test at the house. The test results shall be forwarded to both the mother and the father. 6. During all periods in which the father has Arial, he will insure that she receives such proper medical care as is warranted. 7. The mother now lives in New York State. If she returns to this area, the parties agree that, until Arial goes to school, the custody schedule shall change to alternate weeks between the mother and father. If this occurs, the parties acknowledge that they will review the custody status for possible changes when the child goes to school, or, if they cannot agree at that time, will seek a modification of the order. By the Curt, Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Defendant Sheriff prs Edgar B. Bayley, J. G? o/O 1 r r_ ? l 1?••i ?-1 141 :? c)J RP "Op"MoRm"R" !? BRIDGET 11ARHIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL DEFENDANT 00-7666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 01, 2006 at 8:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. UJ/? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 a Ina y ? `? ` ? BRIDGET HARHIGH, Petitioner V. JESSE COLIN MARSHALL, Respondent JUL z (a??ab?„? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-7666 CIVIL, TERM ORDER OF COURT AND NOW, 2006, -upon consideration of the attached Petition for Modification, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of - 2006, at o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues' to be heard by the Court, and to enter into a temporary" order.' 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 32 South Bedford Street Carlisle, PA 17013 Phone:" (717) 249-3166 (800) 990-9108 M BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent PETITION TO 'MODIFY CUSTODY 1. Petitioner is Jesse Colin Marshall, who resides at 3800 Spring Road, Shermans Dale, Pennsylvania 17090. 2. Respondent is Bridget Harhigh who is believed to be currently incarcerated in the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania 17011. 3. On March 2, 2001, the Honorable Judge Edgar B. Bayley, Jr. entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) The respondent is currently believed to be incarcerated in the Dauphin County Prison. 5. The Child is currently with Petitioner for summer vacation and it would be in the best interest of the child to stay with Petitioner if and until Respondent is not incarcerated. 6.. Petitioner is a more stable care giver. 7. Petitioner lives with Paternal Grandmother and has all the resources necessary to take care of the child. 8. The best interest of the children will be served by the Court: modifying said Order. i WHEREFORE, Petitioner prays this Court grant the-modification of the Custody Order as follows: Granting Petitioner primary, physical custody of Child, Arial Marshall-Leach. Respectfully submitted, ROMINGER & WHARF Dated a('? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 11,013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner, Jesse Colin Marshall BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL, ACTION -LAW JESSE COLIN MARSHALL, 00-7666. CIVIL TERM Respondent VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to - unworn falsification to-authorities. Date: t v dew O? C2A ?! 1 esse'Colin Marshall 4 BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2001, this matter having been called for a hearing, the parties having reached an agreement, the following order is entered: 1. The temporary custody order entered on January 17, 2001, is vacated. 2. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall have joint legal custody of Arial Marshall-Leach, born October 24, 1998. 3. The mother shall have primary physical custody of Aria1. 4. The father shall have periods of temporary physical custody with Arial on the following schedule: a. Each summer for a period of one continuous month upon three months' advanced notice to the mother. b. One week a month, to be arranged consistent with his work schedule, and reasonable advanced notice to the mother. c. At such other times as the parties may agree 5. The father, who lives at the paternal grandmother's house, will allow at the mother's expense and upon reasonable notice, a qualified professional to conduct an air quality test at the house. The test results shall be forwarded to both the mother and the father. 6. During all periods in which the father has Arial, he will insure that she receives such proper medical care as is a- warranted. 7. The mother now lives in New York State. If she returns to this area, the parties agree that, until Arial goes to school, the custody schedule shall change to alternate weeks between the mother and father. If this occurs, the parties acknowledge that they will review the custody status for possible changes when the child goes to school, or, if they cannot agree at that time, will seek a modification of the order. By the Court, Edgar B. Bayley, J. Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Defendant Sheriff prs ?;tiiC•18fy BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS.. Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent CERTIFICATE OF SERVICE I, Karl E. Rom finger, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bridget Harhigh/Inmate Dauphin County Prison 501 Mall Road` Harrisburg, Pennsylvania 17101 Galen R. Waltz, Esquire Turo Law Offices 28 South. Pitt Street Carlisle, Pennsylvania 17013 Respectfully Submitted, ROMINGER& WHARE Date: Cj?? Karl ,K Rominger, Esquire 155', South Hanover Street Carlisle, Pennsylvania 17013 (717)-241=6070 Supreme Court ID # 81924 Attorney for Petitioner VP BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL : 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 1_D day of August, 2006, based on the averments in the within petition of Paul W. Leach, III and Robin Leach, the maternal grandparents of Arial Marshall-Leach, born October 24, 1998, may intervene regarding the current petition for modification filed by the father scheduled for a conciliation conference before Hubert X. Gilroy, Esquire, at 8:30 a.m., on September 1, 2006.' By the Co C V?arl E. Rominger, Esquire For Jesse Colin Marshall Edgar B. /_aul W. Leach, III, Pro se Robin Leach, Pro se 238 Swatara Street Steelton, PA 17113 /Bridget Harhigh, Pro se ( O? /1iubert X. Gilroy, Esquire Custody Conciliator Q? :sal ' We have not at this time definitively determined that the maternal grandparents have standing to seek any type of custody of Arial. Although they have petitioned to intervene, they have not themselves filed a petition seeking custody of Arial. c? ? o co ?? f S J of r Paul W. Leach, III Robin Leach 438 Swatara Street Steelton, Pa. 17113 Appearing Pro Se BRIDGET HARHIGH, Petitioner V. JESSE COLIN MARSHALL, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-7666 CIVIL TERM PETITION TO INTERVENE IN CUSTODY PROCEEDING AND NOW, comes Paul W. Leach, III and his wife, Robin Leach, appearing pro se, and jointly file this Petition To Intervene In Custody Proceeding, and in support thereof, present the following: 1. Petitioners Paul W. Leach, III, and his lawful wife, Robin Leach (hereinafter referred to jointly as "Intervenors") are the biological parents of Bridget Harhigh, the mother of the subject child, Arial Marshall-Leach, DOB: 10-24.1998. 2. By blood relations, Intervenors Paul W. Leach, III, and his lawful wife, Robin Leach, are maternal grandparents of the subject child, Arial Marshall-Leach, DOB: 10-24- 1998. 3. On March 2, 2001, an Order of Court was issued regarding the custody of the subject child, therein granting primary physical custody of the child to the mother, Bridget Harhigh. Attached as Exhibit `A" 4. Said Order granted certain and definite periods of visitation/partial custody to the subject child's biological father, the Respondent in the instant action. 5. Bridget Harhigh was recently incarcerated in the Dauphin County Jail for what the Intervenors believe to be as alleged violation(s) of a probationary condition(s). 6. Subsequent to her incarceration, Bridget Harhigh lawfully granted a Temporary Guardianship of the subject child to her parents, the Intervenors herein, to continue to care for Arial Marshall-Leach and continue to execute custody of Arial Marshall-Leach during Ms. Harhigh's anticipated brief incarceration. Attached as Exhibit "B" 7. Shortly after Bridget Harhigh's incarceration, the Defendant obtained physical custody of the subject child, Arial Marshall-Leach, as per the visitation provisions outlined in the March 2, 2001 Order of Court. 8. Upon the termination of his custodial period, the Defendant refused--and continues to refuse--to return the subject child to her home where she resides with her maternal grandparents and with whom she has resided--along with her mother--since birth. 9. On July 27, 2006, Respondent filed a Petition to Modify Custody, docketed at the above number. Attached as Exhibit "C" 10. Intevenors learned of the Petition from their daughter who received timely and proper notice at the Dauphin County Jail. 11. Pennsylvania Consolidated Statute Title 23 § 5313(a) and (b), each grant standing to the Intervenors herein to seek custody and/or visitation of the child for the following reasons: a. the child has resided with the maternal grandparents (the Intervenors herein) for a period of 12 months or more and has been subsequently removed from her home by her father. 23 Pa. C. S. §5313(x); and, b. it is in the best interests of the child to be in the custody of her maternal grandparents with whom she has resided since birth. 23 Pa. C. S. § 5313(b); and, c. the maternal grandparents have a genuine care and concern for their granddaughter 23 Pa. C. S. §5313(b)(1); and, d. the maternal grandparents' relationship with their granddaughter began with the consent of the custodial parent 23 Pa.C.S. §5313(b)(2); and, e. since birth, the maternal grandparents have provided for the physical, emotional and social needs of their granddaughter, the subject child herein. 23 Pa. C. S. § 5313(b)(3) 10. Pennsylvania Rule of Civil Procedure 1915.6(b), states in pertinent part, that "If the Court learns from the pleadings or any other source that any other person who claims to have custody or visitation rights with respect to the child is not a party to the action, it shall order that notice be given to that person of the pendency of the action and of the right to intervene therein." emphasis added WHEREFORE, Paul W. Leach, III and his wife, Robin Leach, appearing pro se, respectfully pray this Honorable Court to GRANT the right to intervene in the above-docketed action. DATE: 2006 Paul W. Leach, III Ka4?? ? Robin Leach 438 Swatara Street Steelton, Pa. 1711E Tel: 717-939-6164 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 Appearing Pro Se Appearing Pro Se BRIDGET HARHIGH, IN THE COURT Or CO?-AMN PLEAS OF Plaintiff CUIBERLAND COUNTY, PEPINSYLVA 711 V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, Defendant 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2001, this matter having been called for a hearing, the parties having reached an agreement, the following order is entered: 1. The temporary custody order entered on January 17, 2001, is vacated. 2. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall have joint legal custody of Arial Marshall-Leach, born October 24, 1998 3. The mother shall have primary physical custody of Arial. 4. The father shall have periods of temporary physical custody with Arial on the following schedule: a. Each summer for a period of one continuous month upon three months' advanced notice to the mother. b. One week a month, to be arranged consistent with his work schedule, and reasonable advanced notice to the mother. c. At such other times as the parties may agree 5. The father, who lives at the paternal grandmother's house, will allow at the mother's expense and upon reasonable notice, a qualified professional to conduct an air quality test at the house. The test results shall be forwarded to both the mother and the father. 6. During all periods in which the father has Arial, he will insure that she receives such proper medical care as is i Q warranted. 7. The mother now lives in New York State. If she returns to this area, the parties agree that, until Arial goes to school, the custody schedule shall change to alternate weeks between the mother and father. If this occurs, the parties acknowledge that they will review the custody status for possible changes when the child goes to school, or, if they cannot agree at that time, will seek a modification of the order. By the Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Defendant Sheriff prs Edgar B. Bayley, J. r' TEMYORARY GUA RDfANSHIP Commonwealth of Pennsylvania County of Dauphin County Before me, the undersigned notary public, this day, personally appeared to me known, hereby gives T porary Guardianship . d grants permission to seek any medical care, financial assistance, or other services as needs. For Name(s) To _. Name(s) 'Mis document shall remain in effect only until my release. Signature N?p`?>c. slticeo// Date Subscribed.and sworn to before me. 20 ?? This 2 day of /10`v. cOMMONWEALTH of PENNSYLVANIA No?1 Seal ??cour?ity - MYCbn Eby qpr, 28, ZOQB Member, Pennsytvanie Assoclatlan of NWM BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent PETITION TO MODIFY CUSTODY 1. Petitioner is Jesse Colin Marshall, who resides at 3800 Spring Road, Shermans' Dale;^' Pennsylvania 17090. 2. Respondent is Bridget Harhigh who is believed to be currently incarcerated in the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania 17011. 3. On March 2, 2001, the Honorable Judge Edgar B. Bayley, Jr. entered a Custody Order attached as Exhibit "A'. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) The respondent is currently believed to be incarcerated in the Dauphin County Prison. 5. The Child is currently with Petitioner for summer vacation and it would be in the best interest of the child to stay with Petitioner if and until Respondent is not incarcerated. 6. Petitioner is a more stable care giver. 7. Petitioner lives with Paternal Grandmother and has all the resources necessary to take care of the child. 8. The best interest of the children will be served by the Court modifying said Order. G WHEREFORE, Petitioner prays this Court grant the modification of the Custody Order as follows: Granting Petitioner primary, physical custody of Child, Arial Marshall-Leach. Respectfully submitted, ROMINGER & WHARE Datez::.uj;'.'di c/ dam, 2- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner, Jesse Colin Marshall BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authorities. 7 r ?. Date: 7 (? L ,I ?l ,•< %/? ?:-4 ?, esse Colin Marshall BRIDGET HARHIGH, Petitioner V. JESSE COLIN MARSHALL, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00.7666 CIVIL TERM CERTIFICATE OF SERVICE We, the undersigned, hereby certify that a true and correct copy of the foregoing PETITION TO INTERVENE IN CUSTODY PROCEEDING was served upon the Petitioner and the Respondent via United States first-class mail, postage prepaid, and addressed respectively to the following: To Petitioner: Bridget Harhigh - Inmate Dauphin County Prison 501 Mall Road Harrisburg, PA 17101 To Respondent: Karl E. Rominger, Esquire Counsel for Respondent 155 South Hanover Street Carlisle, PA 17101 DATE: /; f Lt_o? , 2006 L4 ) L, ,/,- a 5 L- - Paul W. Leach, III 91, 4L'r? Robin Leach 438 Swatara Street Steelton, Pa. 17113 Tel: 717.939-6164 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 Appearing Pro Se Appearing Pro Se T Q O O b S Tm c-? .G' w css TJ _f C> Ca rri qcp BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant sEP o 5 200 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 CIVIL ACTION - LAW : IN CUSTODY AND NOW, this t I day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of March 2, 2001 is vacated. 2. The following temporary custody Order is entered: A. The Father, Jesse Colin Marshall, shall enjoy legal custody and primary physical custody of Ari4Marshall-Leach, born October 24, 1998. B. The Maternal Grandparents, Paul W. and Robin Leach, shall enjoy periods of temporary physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and at such other times as agreed upon by the parties. C. In the event the Mother, Bridget Harhigh, is released from prison prior to any proceedings scheduled with the Court as set forth below, the Father shall work with her to provide her with reasonable periods of temporary custody pending further Order of this Court. 3. The parties shall meet again with the Custody Conciliator for a conference on Thursday, November 2, 2006 at 9:30 a.m. 4. In the event the Mother is released from prison and retains counsel, or in the event the Maternal Grandparents retain counsel prior to the conciliation conference scheduled on November 2, 2006 and they desire to accelerate the scheduling of this conciliation conference, attorneys for those parties may contact the Custody Conciliator directly to schedule a new conference. BY Edgar B. Bayley; cc: jarl E. Rominger, Esquire & Mrs. Paul W. Leach Is. Bridget Harhigh J FIG_L- r OF 11-ic ,:cv c Ci BRIDGET HARHIGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL, Defendant NO. 00-7666 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Arial Marshall-Leach, born October 24,1998 2. A Conciliation Conference was held on September 1, 2006 with the following individuals in attendance: The Mother, Bridget Harhigh, was not in attendance. She is incarcerated in the Dauphin County Prison. The Father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire The Maternal Grandparents, Paul W. and Robin Leach, who appeared without counsel 3. The history of this case is that there is a 2001 Court Order giving Mother primary physical custody. Mother and the minor child resided with the Maternal Grandparents for at least five years. During that time, Father was exercising partial custody with the minor child on alternating weekends and otherwise. Father was also paying support. In June of this year, Mother was incarcerated on a probation violation and a drug delivery charge. She is currently in Dauphin County Prison and is scheduled for Court in October. 4. Father got custody of the minor child in July once the child finished school in the district where the Maternal Grandparents were living. Father has had custody since that time. 5. Based upon a recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: September , 2006 4-VII 2uberVtx. G' oy, Esquire Custody Conciliator ?p - rlCololn grid3et Hoxhit Colin M?,rsha? ? vs 36e&, All Filings before a7 ?J? i? Have not been scanned! BRIDGET HARHIGH, Petitioner V. JESSE COLIN MARSHALL, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 00-7666 CIVIL TERM PETITION TO MODIFY CUSTODY 1. Petitioner is Jesse Colin Marshall, who resides at 3800 Spring Road, Shermans Dale, Pennsylvania 17090 2. Respondent is Bridget Harhigh who is believed to be currently incarcerated in the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania 17011. 3. On March 2, 2001, the Honorable Judge Edgar B. Bayley, Jr. entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) The respondent is currently believed to be incarcerated in the Dauphin County Prison. 5. The Child is currently with Petitioner for summer vacation and it would be in the best interest of the child to stay with Petitioner if and until Respondent is not incarcerated. 6. Petitioner is a more stable care giver. 7. Petitioner lives with Paternal Grandmother and has all the resources necessary to take care of the child. 8. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court grant the modification of the Custody Order as follows: Granting Petitioner primary, physical custody of Child, Arial Marshall-Leach. Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner, Jesse Colin Marshall BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authotities. Date: 2?04_n /ess'eolin Marshall '1?4 A?A_ BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, Defendant 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2001, this matter having been called for a hearing, the parties having reached an agreement, the following order is entered: 1. The temporary custody order entered on January 17, 2001, is vacated. 2. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall have joint legal custody of Arial Marshall-Leach, born October 24, 1998. 3. The mother shall have primary physical custody of Arial. 4. The father shall have periods of temporary physical custody with Arial on the following schedule: a. Each summer for a period of one continuous month upon three months' advanced notice to the mother. b. One week a month, to be arranged consistent with his work schedule, and reasonable advanced notice to the mother. c. At such other times as the parties may agree 5. The father, who lives at the paternal grandmother's-house, will allow at the mother's expense and upon reasonable notice, a qualified professional to conduct an air quality test at the house. The test results shall be forwarded to both the mother and the father. 6. During all periods in which the father has Arial, he will insure that she receives such proper medical care asis warranted. 7. The mother now lives in New York State. If she returns to this area, the parties agree that, until Arial goes to school, the custody schedule shall change to alternate weeks between the mother and father. If this occurs, the parties acknowledge that they will review the custody status for possible changes when the child goes to school, or, if they cannot agree at that time, will seek a modification of the order. Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Defendant Sheriff prs ?m _ Edgar B. Bayley, j. BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS. Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bridget Harhigh/Inmate Dauphin County Prison 501 Mall Road Harrisburg, Pennsylvania 17101 Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pennsylvania 17013 Date: c?'? a Respectfully Submitted, ROMINGER & WHARE 11?? Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner YY?? ?, ?i ;. d? ? 1 v "T? - (,,, .?., ?-c BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-7666 CIVIL ACTION LAW JESSE COLIN MARSHALL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 01, 2006 at 8:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. o/1- Custody Conciliator - The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 p 01 s 1.1 Paul W. Leach, III Robin Leach 438 Swatara Street Steelton, Pa. 17113 Appearing Pro Se BRIDGET HARHIGH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL, Respondent CIVIL ACTION - LAW 00-7666 CIVIL TERM PETITION TO INTERVENE IN CUSTODY PROCEEDING AND NOW, comes Paul W. Leach, III and his wife, Robin Leach, appearing pro se, and jointly file this Petition To Intervene In Custody Proceeding, and in support thereof, present the following: 1. Petitioners Paul W. Leach, III, and his lawful wife, Robin Leach (hereinafter referred to jointly as "Intervenors") are the biological parents of Bridget Harhigh, the mother of the subject child, Arial Marshall-Leach, DOB: 10-24-1998. 2. By blood relations, Intervenors Paul W. Leach, III, and his lawful wife, Robin Leach, are maternal grandparents of the subject child, Arial Marshall-Leach, DOB: 10-24- 1998. 3. On March 2, 2001, an Order of Court was issued regarding the custody of the subject child, therein granting primary physical custody of the child to the mother, Bridget Harhigh. Attached as Exhibit `A" 4. Said Order granted certain and definite periods of visitation/partial custody to the subject child's biological father, the Respondent in the instant action. 5. Bridget Harhigh was recently incarcerated in the Dauphin County Jail for what the Intervenors believe to be as alleged violation(s) of a probationary condition(s). 6. Subsequent to her incarceration, Bridget Harhigh lawfully granted a Temporary Guardianship of the subject child to her parents, the Intervenors herein, to continue to care for Arial Marshall-Leach and continue to execute custody of Arial Marshall-Leach during Ms. Harhigh's anticipated brief incarceration. Attached as Exhibit "B" 7. Shortly after Bridget Harhigh's incarceration, the Defendant obtained physical custody of the subject child, Arial Marshall-Leach, as per the visitation provisions outlined in the March 2, 2001 Order of Court. 8. Upon the termination of his custodial period, the Defendant refused--and continues to refuse--to return the subject child to her home where she resides with her maternal grandparents and with whom she has resided--along with her mother--since birth. 9. On July 27, 2006, Respondent filed a Petition to Modify Custody, docketed at the above number. Attached as Exhibit "C" 10. Intevenors learned of the Petition from their daughter who received timely and proper notice at the Dauphin County Jail. 11. Pennsylvania Consolidated Statute Title 23 § 5313(a) and (b), each grant standing to the Intervenors herein to seek custody and/or visitation of the child for the following reasons: a. the child has resided with the maternal grandparents (the Intervenors herein) for a period of 12 months or more and has been subsequently removed from her home by her father. 23 Pa.C.S. §5313(a); and, b. it is in the best interests of the child to be in the custody of her maternal grandparents with whom she has resided since birth. 23 Pa. C. S. § 5313(b); and, c. the maternal grandparents have a genuine care and concern for their granddaughter 23 Pa. C. S. §5313(b)(1); and, d. the maternal grandparents' relationship with their granddaughter began with the consent of the custodial parent 23 Pa. C. S. §5313(b)(2); and, e. since birth, the maternal grandparents have provided for the physical, emotional and social needs of their granddaughter, the subject child herein. 23 Pa. C. S. § 5313(b)(3) 10. Pennsylvania Rule of Civil Procedure 1915.6(b), states in pertinent part, that "If the Court learns from the pleadings or any other source that any other person who claims to have custody or visitation rights with respect to the child is not a party to the action, it shall order that notice be given to that person of the pendency of the action and of the right to intervene therein." emphasis added WHEREFORE, Paul W. Leach, III and his wife, Robin Leach, appearing pro se, respectfully pray this Honorable Court to GRANT the right to intervene in the above-docketed action. DATE: _Q w .2006 Paul W. Leach, III k nkw_,? ) Robin Leach 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 Appearing Pro Se Appearing Pro Se BRIDGET HAR<4IGH, IN THE COURT OF COMMON PLEAS OF Plainti f f CG'1,,I3ERLAND COUNTY, PF.NNSYLVANI V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, Defendant 00-7666 CIVIL TER?i ORDER OF COURT AND NOW, this 2nd day of March, 2001, this matter having been called for a hearing, the parties having reached an agreement, the following order is entered: 1. The temporary custody order entered on January 17, 2001, is vacated. 2. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall have joint legal custody of Arial Marshall-Leach, born October 24, 1998. 3. The mother shall have primary physical custody of Arial. 4. The father shall have periods of temporary physical custody with Arial on the following schedule: a. Each summer for a period of one continuous month upon three months' advanced notice to the mother. b. One week a month, to be arranged consistent with his work schedule, and reasonable advanced notice to the mother. c. At such other times as the parties may agree 5. The father, who lives at the paternal grandmother's house, will allow at the mother's expense and upon reasonable notice, a qualified professional to conduct an air quality test at the house. The test results shall be forwarded to both the mother and the father. 6. During all periods in which the father has Arial, he will insure that she receives such proper medical care as is warranted. 7. The mother now lives in New York State. If she returns to this area, the parties agree that, until Arial goes to school, the custody schedule shall change to alternate weeks between the mother and father. If this occurs, the parties acknowledge that they will review the custody status for possible changes when the child goes to school, or, if they cannot agree at that time, will seek a modification of the order. Galen R. Waltz, Esquire For Plaintiff Karl E. Rominger, Esquire For Defendant Sheriff prs s .?U 47 L?,t( J. .).... l f? I Edgar B. Bayley, J. . TEW0Y GuARpLANSU Commonwealth of Pennsylvania County of Dauphin County Before me, the undersigned notary public, this day, personally appeared S to me known, hereby gives T porary Guardianship d grants permission to seek any medical care, financial assistance, or other services as needs. For - .. To Name(s) l? This document shall remain in effect only until my release. ?l Signature G Date Subscribed and sworn to before me ~ -?V This I Z day of , 2006 N COMMONWEALTH nc PE,'VNSYI v4NIA Nftw S" MWk A. Sw fta 0=C W COMAWan ER*ft Apr. 28, 2008 Member, Peensylvenla Assoolallon of Np"W; ` BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM - - =?' Respondent PETITION TO MODIFY CUSTODY - 1. Petitioner is Jesse Colin Marshall, who resides at 3800 Spring Road, Shermans Dale; Pennsylvania 17090. 2. 3. 4 5 6. 7. 8 Respondent is Bridget Harhigh who is believed to be currently incarcerated in the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania 17011. On March 2, 2001, the Honorable Judge Edgar B. Bayley, Jr. entered a Custody Order attached as Exhibit "A". Since the entry of said Order, there has been a significant change in circumstances in that. a) The respondent is currently believed to be incarcerated in the Dauphin County Prison. The Child is currently with Petitioner for summer vacation and it would be in the best interest of the child to stay with Petitioner if and until Respondent is not incarcerated. Petitioner is a more stable care giver. Petitioner lives with Paternal Grandmother and has all the resources necessary to take care of the child. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court grant the modification of the Custody Order as follows: Granting Petitioner primary, physical custody of Child, Arial Marshall-Leach. Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner, Jesse Colin Marshall BRIDGET HARFUGH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unworn falsification to authorities. 7 CID Date: esse Colin Marshall • ? O BRIDGET HARHIGH, Petitioner V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSE COLIN MARSHALL, 00-7666 CIVIL TERM Respondent CERTIFICATE OF SERVICE We, the undersigned, hereby certify that a true and correct copy of the foregoing PETITION TO INTERVENE IN CUSTODY PROCEEDING was served upon the Petitioner and the Respondent via United States first-class mail, postage prepaid, and addressed respectively to the following: To Petitioner: Bridget Harhigh - Inmate Dauphin County Prison 501 Mall Road Harrisburg, PA 17101 To Respondent: Karl E. Rominger, Esquire Counsel for Respondent 155 South Hanover Street Carlisle, PA 17101 DATE: ;J -/'-f -0 rV , 2006 Paul W. Leach, III 9 4dfk_. Robin Leach 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 438 Swatara Street Steelton, Pa. 17113 Tel: 717-939-6164 Appearing Pro Se Appearing Pro Se 7; 1 09 V to O O nV cti cul ?;... 4 rv A .9- 90 Ln q T C7 T/?'?l trq C) BRIDGET HARHIGH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL : 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this U o day of August, 2006, based on the averments in the within petition of Paul W. Leach, III and Robin Leach, the maternal grandparents of Arial Marshall-Leach, born October 24, 1998, may intervene regarding the current petition for modification filed by the father scheduled for a conciliation conference before Hubert X. Gilroy, Esquire, at 8:30 a.m., on September 1, 2006.' By the Cc Edgar B. v4d E. Rominger, Esquire For Jesse Colin Marshall /-aul W. Leach, 111, Pro se Robin Leach, Pro se 238 Swatara Street ?-? Steelton, PA 17113 , /Bridget Harhigh, Pro se JWubert X. Gilroy, Esquire ?v Custody Conciliator :sal 'We have not at this time definitively determined that the maternal grandparents have standing to seek any type of custody of Arial. Although they have petitioned to intervene, they have not themselves filed a petition seeking custody of Arial. L c o' "l'b L ?.?.\ co ?J y" jy G? fa - T LU CD Cl- O N U BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant SEP 0 5 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7666 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this t ? day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of March 2, 2001 is vacated. 2. The following temporary custody Order is entered: A. The Father, Jesse Colin.Marshall, shall enjoy legal custody and primary physical custody of Arial Marshall-Leach, born October 24, 1998. B. The Maternal Grandparents, Paul W. and Robin Leach, shall enjoy periods of temporary physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and at such other times as agreed upon by the parties. C. In the event the Mother, Bridget Harhigh, is released from prison prior to any proceedings scheduled with the Court as set forth below, the Father shall work with her to provide her with reasonable periods of temporary custody pending further Order of this Court. 3. The parties shall meet again with the Custody Conciliator for a conference on Thursday, November 2, 2006 at 9:30 a.m. 4. In the event the Mother is released from prison and retains counsel, or in the event the Maternal Grandparents retain counsel prior to the conciliation conference scheduled on November 2, 2006 and they desire to accelerate the scheduling of this conciliation conference, attorneys for those parties may contact the Custody Conciliator directly to schedule a new conference. BY cc: ,/46arl E. Rominger, Esquire & Mrs. Paul W. Leach s. Bridget Harhigh Jr rt Edgar B. Bayley; ?OV o?. fG ? .. !, BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7666 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Arial Marshall-Leach, born October 24, 1998 2. A Conciliation Conference was held on September 1, 2006 with the following individuals in attendance: The Mother, Bridget Harhigh, was not in attendance. She is incarcerated in the Dauphin County Prison. The Father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire The Maternal Grandparents, Paul W. and Robin Leach, who appeared without counsel 3. The history of this case is that there is a 2001 Court Order giving Mother primary physical custody. Mother and the minor child resided with the Maternal Grandparents for at least five years. During that time, Father was exercising partial custody with the minor child on alternating weekends and otherwise. Father was also paying support. In June of this year, Mother was incarcerated on a probation violation and a drug delivery charge. She is currently in Dauphin County Prison and is scheduled for Court in October. 4. Father got custody of the minor child in July once the child finished school in the district where the Maternal Grandparents were living. Father has had custody since that time. 5. Based upon a recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: September , 2006 au6kertX%Giyoy, Esquire Custody Conciliator NOV 1 5 20D?r BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-7666 CIVIL ACTION - LAW JESSE COLIN MARSHALL, IN CUSTODY Defendant COURT ORDER AND NOW, this day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of September 11, 2006 shall remain place. 2. Upon the mother's release from prison and in the event the parties are unable to agree upon a modification of the Custody Order at that time to provide mother with time with the minor child, the mother may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE Edgar B. BayTe?; Judge cc: Karl E. Rominger, Esquire Mr. & Mrs. Paul W. Leach Ms. Bridget Harhigh iHlu.o? fr- G r?i1Lr" ? r??i?`s? Z 1 :C '?j X31 AON If C0Z JttJi ?i r, ` i ' 7 -,Hl AV c BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-7666 CIVIL ACTION - LAW JESSE COLIN MARSHALL, IN CUSTODY Defendant Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Arial Marshall-Leach, born October 24, 1998 2. A Conciliation Conference was held on November 2, 2006 with the following individuals in attendance: The Father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire and the Maternal Grandparents, Paul W. and Robin Leach, who appeared without counsel. The Mother, Bridget Harhigh, was not in attendance. She is incarcerated in the Dauphin County Prison. 5. Based upon the agreement between the parties and the recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: November / 0 , 2006 //4 ?f H ert X. G' oy, Esquire Custody Co ciliator Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff/Petitioner BRIDGET HARHIGH, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. JESSE COLIN MARSHALL, Defendant/Respondent NO. 00-7666 IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Plaintiff/Petitioner is Bridget Harhigh, an adult individual who currently resides at 542 Criswell Drive, Apt. A, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. The Defendant/Respondent is Jesse Colin Marshall, an adult individual who resides at 3800 Spring Road, Shermansdale, Cumberland County, Pennsylvania, 17090. 3. The parties are the natural parents of Ariel E. Marshall-Leach, born 10/24/98. 4. An Order of Court was entered on 9/11/06 regarding custody of the minor child. Said Order is attached hereto as Exhibit A. 5. Mother desires primary physical custody of the child. 5 WHEREFORE, Plaintiff/Petitioner Mother requests that this Honorable Court issue an Order granting Mother primary physical custody of the child to Mother with liberal visitation to Father. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 3 4q 6 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. By: llinidget high Date: 319,6 $ EXHIBIT A BRIDGET HARHIGH, Plaintiff V. C ... ?..... ,.,,,.,.m „n,.,,...,,,.. r. r.SEP 0 5 200 JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW, this t I day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of March 2, 2001 is vacated. 2. The following temporary custody Order is entered: A. The Father, Jesse Colin Marshall, shall enjoy legal custody and primary physical custody of Ari4Manhall-Leach, born October 24,1998. B. The Maternal Grandparents, Paul W. and Robin Leach, shalt enjoy periods of temporary physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 pan. and at such other times as agreed upon by the parties. C. In the event the Mother, Bridget Harhigh, is released from prison prior to any proceedings scheduled with the Court as set forth below, the Father shall work with her to provide her with reasonable periods of temporary custody pending further Order of this Court. 3. The parties shall meet again with the Custody Conciliator for a conference on Thursday, November 2, 2006 at 9:30 a.m. 4. In the event the Mother is released from prison and retains counsel, or in the event the Maternal Grandparents retain counsel prior to the conciliation conference . scheduled on November 2, 20M and they desire to accelerate the scheduling of this conciliation conference, attorneys for those parties may contact the Custody Conciliator directly to schedule a new conference. BY Edgar B. Bayley; ThT"-- - cc: arl E. Rominger, Esquire . & Mrs. Paul W. Leach V s. Bridget Harhigh , Wpi I i 1 BRIDGET HARHIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA j` V. : NO. 00-7666 CIVIL ACTION - LAW JESSE COLIN MARSHALL, IN CUSTODY Defendant Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Arial Marshall-Leach, born October 24,199$ 2. A Conciliation Conference was held on September 1, 2006 with the following individuals in attendance: The Mother, Bridget Harhigh, was not in attendance. She is incarcerated in the Dauphin County Prison. The Father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire The Maternal Grandparents, Paul W. and Robin Leach, who appeared without counsel 3. The history of this case is that there is a 2001 Court Order giving Mother primary physical custody. Mother and the minor child resided with the Maternal Grandparents for at ]cast five years. During that time, Father was exercising partial custody with the minor child on alternating weekends and otherwise. Father was also paying support. In June of this year, Mother was incarcerated on a probation violation and a drug delivery charge. She is currently in Dauphin County Prison and is scheduled for Court in October. 4. Father got custody of the minor child in July once the child finished school in the district where the Maternal Grandparents were living. Father has had custody since that time. 5. Based upon a recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. A Date: September , 2006 4-VII u ert X. G y, Esquire Custody Conciliator Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff BRIDGET HARHIGH, Plaintiff/Petitioner V. JESSE COLIN MARSHALL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 00-7666 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this A4?7day of 2009, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant By: Katherine A. Frey 'SIR ?` ?... Q QQ`` Q ?J ? ?? ,. '?+. f ?. { t ra _- n '??„ ;-cat _? , `y :'t? 1 .,? ??, _? ?? ?? BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE COLIN MARSHALL DEFENDANT 2000-7666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 01, 2009 at 10:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a_ temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -e?- Z .I l4d 9Z 8vw 60oz ?t ,X '0 4 BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant MAY 0 6 200907 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this -b i`day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of September 11, 2006, is vacated and the following order is entered: 1. The mother, Bridget Harhigh, and the father, Jesse Colin Marshall, shall enjoy shared legal custody of Ariel Marshall-Leach, born October 24, 1998. 2. 3 4 The father shall enjoy primary physical custody of the minor child. The mother shall enjoy periods of temporary physical custody of the minor child as follows: A. Alternating weekends from Friday at 6:00 p.m. until Monday morning when mother shall deliver the child to school. B. During the school year, every Tuesday evening from 6:00 p.m. until Wednesday morning when the mother shall the child to school. C. At such other times as the parties agree. During the summer months, custody shall be on a week on/week off basis with the parties sharing physical custody. 5. The holiday schedule shall be as follows: Jr A. The parties shall work between themselves to agree on a split or shared holiday arrangement for each of the major holidays. It is understood that mother shall always have Mother's Day and father shall always have Father's Day regardless of the alternating weekend schedule. B. The parties shall cooperate with respect to their respective vacation schedules from work so that they can switch the week custody during the summer to accommodate each others schedules. 6. The parties shall communicate with each other with respect to major issues concerning the child and other relevant information with at least communication being done by email. 7. The above order is entered pursuant to an agreement reached at a custody conciliation conference. In the event the parties desire to modify this order, the parties may do so as they agree. Absent an agreement, either party may petition the court to have the case again scheduled with the custody conciliator for a conference. cc: --l arl . Romir ,Mananne E. P ?? ? ' `?' a rc '- °?? ?." ? ? cry BRIDGET HARHIGH, Plaintiff V. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ariel Marshall-Leach, born October 24, 1998 2. A Conciliation Conference was held on May 1, 2009 with the following individuals in attendance: The Mother, Bridget Harhigh, with her counsel Marianne E. Rudebusch, Esquire, and the father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire. 3. Based upon the agreement of the parties, the conciliator recommends an Order in the form as attached. Date: May __S , 2009 Hubert X. G roy, Esquire Custody C nciliator f JUN 2 8 2010 BRIDGET HARHIGH, Plaintiff v. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.00-7666 CIVIL ACTION -LAW IN CUSTODY COURT ORDER AND NOW, this -~ day of June, 2010, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the ~~~` day of #2010 at byS G .m. At this hearing, the mother shall be the moving party and sha proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Also in conjunction with the memorandum required to be filed as set forth in paragraph 1 above, counsel for the parties shall brief the issue of whether mother's prior conviction and the provisions of 23 P.S. Section 5303 require this court to take any further action with respect to appointing an evaluator for the mother. This brief shall also address the issue as to what impact, if any, this court's prior order of May 6, 2009 has in light of the fact that mother's conviction predated said order. `.~~"~' ~~-~ ~/.~~~/' ~~ ~u ti~ ~~ ~ ~~- ~~h .~uy~u fora, ~~~ ~ ~,~-- c .~ o -~, A 1\) ....,., -~°i -_ r•; ~' = _: lf~ ~~ J ~'~^ i-. - ~~~7 C' ) v --~ 3. Pending further Order of this Court, this court's prior order of June 4, 2010 shall remain in effect. BY THE COURT, G Albert H. Masland, Judge cc: ~rl E. Rominger, Esquire Sheri D. Coover ,Esquire ,~~L~~L L~a9~iv '~'~" 1 BRIDGET HARHIGH, Plaintiff v. JESSE COLIN MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7666 CNIL ACTION -LAW IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CNIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ariel Marshall-Leach, born October 24, 1998 2. A Conciliation Conference was held on June 24, 2010 with the following individuals in attendance: The Mother, Bridget Harhigh, with her counsel Sheri D. Coover, Esquire, and the father, Jesse Colin Marshall, with his counsel, Karl E. Rominger, Esquire. 3. The history on this case is that there was a court order from May 6, 2009 which provided father with primary custody and mother periods of temporary custody. Mother then filed the current Petition for Modification and, at the same time, filed a Petition for Special Relief. Judge Masland held a hearing and issued an order on June 4, 2010 giving mother primary custody and father periods of temporary custody on alternating weekends. This order was issued after a short hearing, with Judge Masland reserving the right to take additional testimony if the parties were unable to resolve the case at the conciliation. 4. The parties are at odds and could not reach an agreement. There is also an issue with respect to the mother having a prior criminal conviction that may impact the custody issues. A hearing is required and the conciliator recommends an Order in the form as attached. n vN~. ~ Date: `~ o~ J , 2009 Hubert X. Gilroy, E; Custody Conciliator BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSE COLIN MARSHALL, Defendant NO. 00-7666 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of August, 2010, following a hearing concerning the custody of Ariel Marshall-Leach, date of birth 10/24/98, which included an interview of the minor child in chambers, the Court finds that it is in the best interest of the child to reside with mother, and therefore awards mother primary physical custody of the child subject to father's rights in partial. custody as hereafter described: 1. The mother and father shall have shared legal custody of Ariel Marshall-Leach. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent. shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious, or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both pare=nts shall be entitled to full participation in all educational and medical r treatment: planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full nand complete information from any physician, dentist, teacher, or authority and copies of any reports given to them as parents including, but not limited to, medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like.. 2. Father shall enjoy periods of partial custody during the school year consisting of every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The parties shall alternate major holidays, at times agreed upon by them, which shall include Christmas, New Year's, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. 4. During the summer, the parties shall alternate custody on a week on/week off basis with exchanges being made Sunday at 6:00 p.m. 5. Father shall enjoy such other periods of partial custody as are mutually agreed upon by the parties. 6. Both parties shall have liberal telephone contact with the child when she is in the custody of the other parent. 7. Transportation will be provided by the party that is to receive custody of the minor child. 8. If the parties are able to modify the provisions of this order by mutual consent, they are encouraged to do so with respect to any of its terms. However, if they are unable } to agree on a matter concerning the terms of= partial custody in paragraphs 2, 3 and 4, the Court will permit, a petition to be filed directly with the Court prior to December 31, 2010. After that date, any modification requested shall proceed through the conciliation process. By the Court, Sheri D. Coover, Esquire For Plaintiff /Karl E. Rominger, Esquire For Defendant Albert H. Masland, J. prs ??ES' m?tl4cl? [ry1 F7l ? _) =' C