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HomeMy WebLinkAbout08-2934ANDREW J. MARSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, v. NO.2008 - .3 `1 C7NNSYLVANIA IL TERM STACY J. MARSHALL, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Andrew J. Marshall, an adult individual who currently resides at 541 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Stacy J. Marshall, an adult individual who currently resides at 801 N. College Street, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff seeks shared custody the Parties' daughter, Caitlyn N?. Marshall, who i currently resides with Defendant at 801 N. College Street, Carlisle, Cumberland County, Pennsylvania. Caitlyn M. Marshall was born on July 12, 2004 and is three O years of age. The child was born out of wedlock. The child is presently in the custody of Defendant who resides at the address as described in paragraph two (2). During the past three (3) years, the child has resided at all times with Plaintiff and Defendant at the following addresses: a. 541 N. Bedford St., Carlisle, PA 2006- b. 1950b Fry Loop Ave., Carlisle, PA 2004- The parties are married and there is not currently an action pending in divorce. 4. The relationship of Plaintiff to the child is that of father by Plaintiff currently lives alone at the address as described in paragraph one (1). The relationship of Defendant to the child is that of natural I I'Defendant currently lives with her mother, sister and the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to these proceedings custody of the child or claims to have custody or visitation rights with 7. The best interest and permanent welfare of the child will be relief requested because Plaintiff and Defendant have shared equally in as attending classes and medical appointments prior to birth WHEREFORE, Plaintiff requests that this Honorable Court grant custody and shared physical custody of the child. Respectfully O' Robert J. I.D. 2034 19 West Carlisle, (717) 24! Attorney pending in a has physical to the child. by granting the the child as well iff shared legal C& , Esquire South Street PA 17013 >-6873 for Plaintiff ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant : IN THE COURT OF COMM CUMBERLAND COUNTY, NO. 2008 - C CIVIL ACTION -LAW IN CUSTODY PLEAS OF 1NSYLVANIA TERM VERIFICATION I Andrew J. Marshall, verify that the statements made in the foregoi g Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. 0!?Or? Marshall Date: I of May, 2008 0 so t err, ?,. m taD 3 _ c IN -I- ANDREW J. MARSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY J. MARSHALL DEFENDANT 2008-2934 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 16, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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/ ac ueline M. Verne 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'or 'op VINVAWINN3d L £ • 1 Wd S 1 AN BOOZ J? C?i ' i 1,,; d ?Kl ?O SHERIFF'S RETURN - REGULAR CASE NO: 2008-02934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARSHALL ANDREW J VS MARSHALL STACY J BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MARSHALL STACY J the DEFENDANT , at 092 900 HOURS, on the 12th day of may 2008 at 801 N COLLEGE STREET CARLISLE, PA 17013 by handing to STACY MARSHALL a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge j/a0/a.F 18.00 5.00 .59 10.00 00 33.5-9 So Answers: R. Thomas Kline Sworn and Subscibed to before me this day of 05/13/2008 OBRIEN BARIC SCHERER By: ??&) r Deputy Sheriff , ___ A.D. ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2934 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Stacy J. Marshall, in the above-captioned matter. Respectfully Submitted, Mary M as, Esq Saidis, A r & Lindsay Attorney ID #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Dated: 1 xaI a.0d12r c`Z an an -n ril ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2934 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AMENDED CUSTODY COMPLAINT 1. Plaintiff is Andrew J. Marshall, an adult individual who currently resides at 541 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Stacy J. Marshall, an adult individual who currently resides at 801 N. College Street, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant is Scott Tackett, an adult individual who currently resides at 8125 Albatross Road, Fort Myers, Florida 33967. 4. Plaintiff seeks shared custody the parties' daughter, Caitlyn M. Marshall, who currently resides with Defendant Stacy Marshall at 801 N. College Street, Carlisle, Cumberland County, Pennsylvania. Caitlyn M. Marshall was born on July 12, 2004 and is three (3) years of age. The child was born out of wedlock. The child is presently in the custody of Defendant Stacy Marshall who resides at the address as described in paragraph two (2). During the past three (3) years, the child has resided at all times with Plaintiff and Defendant Stacy Marshall, at the following addresses: a. 541 N. Bedford St., Carlisle, PA 2006 -2008 b. 1950b Fry Loop Ave., Carlisle, PA 2004 -2006 Plaintiff Andrew Marshall and Defendant Stacy Marshall are married and there is not currently an action pending in divorce. 5. The relationship of Plaintiff to the child is that of father by estoppel. Plaintiff currently lives alone at the address as described in paragraph one (1). 6. The relationship of Defendant Stacy Marshall to the child is that of natural mother. Defendant Stacy Marshall currently lives with her mother, sister and the child at the address as described in paragraph two (2). 7. The relationship of Defendant Scott Tackett to the child is presumably that of natural father. The living situation of Defendant Scott Tackett is unknown as to Plaintiff other than that he resides at the address as described in paragraph three (3). 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. Indeed, Defendant Scott Tackett has never had physical custody of the child nor has he ever asserted any claims or visitation rights with respect to the child. Furthermore, Defendant Stacy Marshall has never asked for nor received any support from Defendant Scott Tackett. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. Plaintiff and Defendant Stacy Marshall attended prenatal classes and medical appointments as a couple prior to the child's birth; b. Plaintiff and Defendant Stacy Marshall lived with Plaintiff's family while Defendant Stacy Marshall was pregnant; C. Shortly after the child's birth, Plaintiff and Defendant Stacy Marshall rented an apartment of their own; d. Approximately a year after the child's birth, Plaintiff and Defendant Stacy Marshall were married; C. Plaintiff and Defendant Stacy Marshall shared equally in raising, nurturing and supporting the child; f. Since birth, Plaintiff's family has been an integral part of the child's life; and g. Since birth, Defendant Scott Tackett has neither exercised custody rights nor supported the child financially or otherwise. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff shared legal custody and shared physical custody of the child. Respectfully submitted, O'BRIE , BARIC & S Roberti. Dailey?.c?ui I.D. 203418 v 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2934 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Andrew J. Marshall, verify that the statements made in the foregoing Amended Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. ZZ, ./?? An rew J. Marshall Date: 3 q of June, 2008 % d JUN 2 0 2008 ANDREW J. MARSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2934 CIVIL ACTION - LAW STACY J. MARSHALL, Defendant : IN CUSTODY ORDER OF COURT I 16L AND NOW, this A I day of (,V?tQ , 2008, upon consideration of the attached Custody Concili lion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the 31'2'? day of , 2008, at 4,S o'clock, L. M., at which time testimony will tak n. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. In the event that Mother files Preliminary Objections, they shall be heard at the same time as the custody matter. Pre-trial Memoranda and Briefs in support of or opposition to the Preliminary Objections shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Stacy J. Marshall shall have sole legal and sole physical custody of the child, Caitlyn M. Marshall, born July 12, 2004. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Robert J. Dailey, Esquire, counsel for Plaintiff .-v arylou Matas, Esquire, counsel for Mother a5 P i es •nv t1,DcL Co ?.,7 D ?. S "- 1 l A sax N •?1 C\j C°. N CJ YV t ? ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2934 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caitlyn M. Marshall July 12, 2004 Mother 2. A Conciliation Conference was held June 19, 2008 with the following individuals in attendance: The Plaintiff, Andrew J. Marshall, with his counsel, Robert J. Dailey, Esquire, and the Mother, Stacy J. Marshall, with her counsel, Marylou Matas, Esquire. 3. Plaintiffs position on custody is as follows: He claims to be the father by estoppel. He seeks shared legal and shared physical custody of the child. He maintains that he has cared equally for the child since her birth. He admits that he is not the biological father, but moved in with Mother around the time of the child's birth. The parties were married one year after child was born. 4. Mother's position on custody is as follows: She seeks sole legal and sole physical custody of the child. She maintains that Plaintiff is no more than a step-father who has no custodial rights. 5. The Conciliator recommended that Mother's counsel file Preliminary Objections. There may be some facts in dispute, so a hearing is necessary to rule on the Preliminary Objections. The Conciliator recommends an Order in the form as attached Ift scheduling a Hearing and granting Mother sole legal and sole physical custody. It is expected that the Hearing will require one-half day. ? -/? Date ac eline M. Verney, Esquire Custody Conciliator J ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2934 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY The Honorable Judge Bayley PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Stacy J. Marshall, by and through her counsel, Marylou Matas, and the law firm of Saidis, Flower & Lindsay, and files the following Preliminary Objections to the Amended Complaint for Custody: 1. Objection pursuant to 23 Pa.C.S.A. §5303(a)--Standing. Plaintiff, Andrew Marshall, does not have standing to bring a Complaint for Custody. He is not the biological parent of the child at issue, nor is he the parent by estoppel. He does not have genuine care and concern for the child. He has not assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child and it is not in the best interest of the child to be in the custody of Plaintiff. SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 2. Objection pursuant to 23 Pa.C.S.A. §5304--Standing. Plaintiff, Andrew Marshall, does not have standing to bring a Complaint for Custody requesting shared physical and shared legal custody of the minor child. He is not the biological parent of the child at issue, nor is he the parent by estoppel. The Defendant, Stacy Marshall, natural mother of the child, and Defendant, Scott Tackett, biological father of the child, have not agreed to an award of shared custody to Plaintiff. He does not have genuine care and concern for the child. He has not assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child and it is not in the best interest of the child to be in the custody of Plaintiff. WHEREFORE, Defendant, Stacy Marshall, prays this Honorable Court to dismiss the Complaint. SAIDIS, FLOWER & LINDSAY A r f Ma atas, s e Suprem ourt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: SAIDIS, FLOWER & LINDSAY n'r?NR uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this day of July, 2008, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Robert J. Dailey, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 Scott Tackett 8125 Albatross Road Fort Myers, Florida 33967 SAIDIS, FLOWER & LINDSAY Mary u y , Esqu Supremt ID No. 84919 26 WesStreet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ?.+ruw 26 West High Street Carlisle, PA {'? .C q ,?. -`=, ? f :rte ? ?.4 ?v. r-<? ? r_ r? ,. 4?, ; ?. ; ?-? -x? .,? 4NDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2934 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY The Honorable Judge Bayley STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year SAMIS, FLOWER & LINDSAY ATR)191 0--1AW 26 West High Street Carlisle, PA hereinafter set forth, by and between ANDREW J. MARSHALL (hereinafter referred to as "Father") and STACY J. MARSHALL (hereinafter referred to as "Mother"). Scott Tackett is the biological father of the child but is relieved from all responsibility as ANDREW J. MARSHALL is determined to be the legal father. Mr. Marshall shall hereafter sign an acknowledgment of paternity that shall become part and parcel of this Stipulation and Agreement. Failure of Father to sign said acknowledgment of paternity shall void this Stipulation and Agreement, relieve Father from any support due herein, and keep this custody matter open for future litigation. WHEREAS, Mother is the natural parent and Father is the parent by estoppel of the following child: Caitlyn Marshall, born July 12, 2004; WHEREAS, the parties live separate and apart, and wish to enter into a II comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1.) Joint Legal Custody. Mother and Father shall exercise shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2.) Physical Custody. Mother shall have primary physical custody of the child. Mother currently works day shift. Father shall have partial physical custody of the child. Father currently works swing shift as follows: a.) 1St Shift - Monday through Friday, 6:30 a.m. - 2:30 p.m.; b.) 2nd Shift - Monday through Friday, 2:30 p.m. -10:30 p.m.; and c.) 3`d Shift - Sunday through Thursday, 10:30 p.m. - 6:30 a.m. In order to re-acclimate the child to Father, Father's partial physical custody SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA schedule shall begin as follows: a.) Saturday, August 2"d, from 9:00 a.m. to 7:00 p.m.; b.) Monday, August 4th, from 8:00 a.m. to 7:00 p.m.; c.) Wednesday, August 6th, from 8:00 a.m. to 7:00 p.m.; d.) Saturday, August 9th, from 9:00 a.m. to 7:00 p.m.; e.) Monday, August 11th, from 3:00 p.m. to 7:00 p.m.; f.) Wednesday, August 13th, from 3:00 p.m. to 7:00 p.m.; g.) Friday, August 15th, from 3:00 p.m. to Saturday, August 16th at 7:00 p.m.; h.) Monday, August 18th, from 8:00 a.m. to 2:00 p.m.; i.) Wednesday, August 20th, from 8:00 a.m. to 2:00 p.m.; and j.) Saturday, August 23rd, from 9:00 a.m. to 7:00 p.m. On Sunday, August 24th, Father's 3rd shift work shall begin. Thereafter, the parties shall abide by the following 3-week schedule, created in order to maximize Father's and Mother's time with the child, during the 2008/2009 school year: a.) Father's custody during 15t shift: i.) Monday and Wednesday, from 3:00 p.m. - overnight. b.) Father's custody during 2nd shift: i.) Father shall be entitled to have custody of the child on the weekday mornings until noon or afternoon until 2:00 p.m., provided that Father's custody does not interfere with the child's pre-school classes*; and Father shall be entitled to visit the child during his lunch break at 8:00 p.m., provided Father gives Mother advance notice and Mother acquiesces. c.) Father's custody during 3`d shift: i.) Monday and Wednesday, from 3:00 p.m. - 7:00 p.m. The parents shall equally share the weekends on an alternating basis. Weekends shall begin Friday after the parent's work or the child's pre-school classes*, whichever are later, until Sunday evening at 7:00 p.m. Mother shall have the first weekend, beginning on Friday, August 29, 2008. During the 2009 summer, Father shall enjoy additional periods of custody during 2"d shift weekday mornings, from 8:00 a.m. to 2:00 p.m., since the child will merely be attending daycare, not pre-school. Father and Mother shall each be entitled to have custody of the child for two (2) SAIDIS, FLOWER & LINDSAY .v u 26 West High Street Carlisle, PA non-consecutive weeks during the summer school break each year upon providing at least thirty (30) days advance notice to the other. * Pre-school shall take place '/z of the day and daycare shall take place the other'/? of the day. Either parent may pick the child up during daycare hours; neither parent shall disturb the child during pre-school hours. The parents agree that the child shall attend St. Pat's pre-school class for the 2008/2009 year. n 3.) Alternate Holidays: Each parent shall also have the right of partial custody on alternate holidays throughout the year the holidays being: Memorial Day, the Independence Day holiday, and Labor Day. Custody on these holidays shall be exercised from 9:00 a.m. until 7:00 p.m. with Father to have custody on the first holiday, that being the Labor Day holiday. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. a.) Thanksgiving: In odd numbered years, the child shall spend Thanksgiving Day from 7:00 p.m. the Wednesday prior to Thanksgiving until 7:00 p.m. Thanksgiving Day with Father. In even numbered years, the child shall spend Thanksgiving from 7:00 p.m. Wednesday prior to Thanksgiving until 7:00 p.m. with Mother. The balance of the Thanksgiving holiday is defined as the period of time from 7:00 pm. Thanksgiving Day until 7:00 pm. the Sunday following Thanksgiving. In odd numbered years, Mother shall have partial custody of the child, and in even numbered years, Father shall have partial custody of the child. b.) Christmas: Mother shall have custody of the child from 2:00 p.m. on SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA December 24 h until 2:00 p.m. on Christmas Day, and Father shall have custody of the child from 2:00 p.m. on Christmas Day until 2:00 pm. on December 26tH c.) Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 7:00 in the evening. d.) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. 4.) Transportation: Unless otherwise provided for in this Order, the relinquishing party shall be responsible to deliver the child to the receiving party or daycare, whichever is appropriate. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5.) Late for Exchange. In the event any party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the child. 6.) Extracurricular Activities. Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child SAIIIDIS, FLOWER & LINDSAY T •lA 26 West High Street Carlisle, PA wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities that take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity that occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child o timely attend the activity. 7.) Telephone Calls: Both parties are expected to use common sense in SAIDIS, FLOWER & LINDSAY nruw 26 West High Street Carlisle, PA scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. Phone calls initiated by a parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. 8.) Disparaging Remarks. Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use the child to send verbal messages to the other parent about the custody situation or changes in the custody schedule. 9.) Financial Care of Child. At the time of execution of this Agreement, Father shall begin to pay child support to Mother pursuant to the execution of a Domestic Relations Support Agreement and through wage attachment collected by PaSCDU the amount of $600 per month, payable biweekly, or in accordance with his regularly scheduled wages. This amount is modifiable pursuant to Domestic Relations guidelines and in the event of a change in circumstance of either party, including but not limited to, the medical care, education, or financial care of the child, or a change in occupation, health insurance, educational expenses, or residence of a party. 10.) Tax Dependency. For so long as Mother is the primary custodian, she shall claim the child as a dependent on her taxes every year. 10.) Mutual Consultation. Each party shall confer with the other on all SAIDIS, DOWER & LINDSAY ,,TIO?S•AT tAW 26 West High Street Carlisle, PA matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two hours, and for each person or entity which may provide day care for a child, excluding current day care providers, relatives, or public school institutions. 11.) Illness of Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 12.). Welfare of Child To Be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 13.) Smoke/Drink/Illeaal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 14.). Modification of Order. The parties are free to modify the terms of this SAIDIS, FLOWER & LINDSAY ,vuw 26 West High Street Carlisle, PA order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and with each other in the event of a disagreement. 15.) The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court in the Court of Common Pleas of Cumberland County and that the Court of Common Pleas of Cumberland County has jurisdiction over the matter of custody of the child. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation in three (3) counterparts, each of which shall constitute an original. 7j 31 Date AND EW J. MARSHALL Witness tI Date S CY Kqj3HALL SAMIS, FLOWER & LINDSAY A •IAV?' 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF t t M I?R? ?LZ.[?1L_ On this_a) day of , 2008, before me, the undersigned officer, personally appeared ANDRE J. MARSHALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N BA1t8A1t L PAN COMMONWEALTH OF PENNSYLVANIA : caiwe ROM , PA consh" J=e7. 11 SS COUNTY OFL rn h F r ??n On this j?day of -4L 4-1 2008, before me, the undersigned officer, personally appeared STACY MARSHALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Notary Public NOTARM SEAL BARBARA L ME1., NMy Pailia Carlisle Born, Cambe&W Cow PA M Commission Expines Jm 7 2_ I1 .. ... ,_ . verify that the statements made in this Stipulation and Agreement for Custody are ;rue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. ANDREW J. MARSHALL I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 7 STACY MA SALL FI? RR & LINDSAY 26 West High Street Carlisle, PA (r ? ??.J C_.'v + ? C',?7 .... ?. i?• L.W. ?? .».. ? Y? ` f___. ? lad !? F.?.....? ?? ..?"' . ?4A `u? ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2934 - CIVIL TERM CIVIL ACTION - LAW IN CUSTODY The Honorable Judge Bayley ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of 2008, upon consideration of the attached Stipulation for Custody and on motion of Marylou Matas, Esquire, counsel for Defendnat, Stacy J. Marshall, and Andrew J. Marshall, Plaintiff and Scott Tackett, Defendant, it is hereby ordered, adjudged and decreed that the terms, conditions, and provisions of the attache Stipulation for Custody dated July 31, 2008 are adopted as an Order of Court. CO J. SAMIS, LINDSAY 26 West High Street Carlisle, PA LL, f - U 3 r - Ll- ? C ? ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-2934 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY The Honorable Judge Bayley (7) .J rV C -'D c? r- W STIPULATION AND AGREEMENT FOR CUSTODY OD {{ c:, THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ANDREW J. MARSHALL (hereinafter referred to as "Father") and STACY J. MARSHALL (hereinafter referred to as "Mother"). Scott Tackett is the biological father of the child but is relieved from all responsibility as ANDREW J. MARSHALL is determined to be the legal father. Mr. Marshall shall hereafter sign an acknowledgment of paternity that shall become part and parcel of this Stipulation and Agreement. Failure of Father to sign said acknowledgment of paternity shall void this Stipulation and Agreement, relieve Father from any support due herein, and keep this custody matter open for future litigation. WHEREAS, Mother is the natural parent and Father is the parent by estoppel of the following child: Caitlyn Marshall, born July 12, 2004; WHEREAS, the parties live separate and apart, and wish to enter into a SAIDIS, TOWER & LINDSAY ATTOBNL"F,APIAW 26 West High Street Carlisle, PA comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1.) Joint Legal Custody. Mother and Father shall exercise shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with T 7--- J =r; .a M.^ the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2.) Physical Custody. Mother shall have primary physical custody of the I child. Mother currently works day shift. Father shall have partial physical custody of the child. Father currently works swing shift as follows: a.) 1st Shift - Monday through Friday, 6:30 a.m. - 2:30 p.m.; b.) 2nd Shift - Monday through Friday, 2:30 p.m. - 10:30 p.m.; and c.) 3rd Shift - Sunday through Thursday, 10:30 p.m. - 6:30 a.m. In order to re-acclimate the child to Father, Father's partial physical custody SAIDIS, ;LOWER & LINDSAY ts•,vuw 26 West High Street Carlisle, PA schedule shall begin as follows: a.) Saturday, August 2"d, from 9:00 a.m. to 7:00 p.m.; b.) Monday, August 4th, from 8:00 a.m. to 7:00 p.m.; c.) Wednesday, August 6th, from 8:00 a.m. to 7:00 p.m.; d.) Saturday, August 9th, from 9:00 a.m. to 7:00 p.m.; e.) Monday, August 11th, from 3:00 p.m. to 7:00 p.m.; f.) Wednesday, August 13th, from 3:00 p.m. to 7:00 p.m.; g.) Friday, August 15th, from 3:00 p.m. to Saturday, August 16th at 7:00 p.m.; h.) Monday, August 18th, from 8:00 a.m. to 2:00 p.m.; i.) Wednesday, August 20th, from 8:00 a.m. to 2:00 p.m.; and j.) Saturday, August 23rd, from 9:00 a.m. to 7:00 p.m. On Sunday, August 24th, Father's Td shift work shall begin. Thereafter, the parties shall abide by the following 3-week schedule, created in order to maximize Father's and Mother's time with the child, during the 2008/2009 school year: a.) Father's custody during 1" shift: i.) Monday and Wednesday, from 3:00 p.m. -.overnight. b.) Father's custody during 2"d shift: i.) Father shall be entitled to have custody of the child on the weekday mornings until noon or afternoon until 2:00 p.m., provided that Father's custody does not interfere with the child's pre-school classes*; and ii.) Father shall be entitled to visit the child during his lunch break at 8:00 p.m., provided Father gives Mother advance notice and Mother acquiesces. c.) Father's custody during 3rd shift: i.) Monday and Wednesday, from 3:00 p.m. - 7:00 p.m. The parents shall equally share the weekends on an alternating basis. Weekends shall begin Friday after the parent's work or the child's pre-school classes*, whichever are later, until Sunday evening at 7:00 p.m. Mother shall have the first weekend, beginning on Friday, August 29, 2008. During the 2009 summer, Father shall enjoy additional periods of custody during 2nd shift weekday mornings, from 8:00 a.m. to 2:00 p.m., since the child will merely be attending daycare, not pre-school. Father and Mother shall each be entitled to have custody of the child for two (2) SAIDIS, LOWER & LINDSAY 16 West High Street Carlisle, PA non-consecutive weeks during the summer school break each year upon providing at least thirty (30) days advance notice to the other. * Pre-school shall take place %Z of the day and daycare shall take place the other %2 of the day. Either parent may pick the child up during daycare hours; neither parent shall disturb the child during pre-school hours. The parents agree that the child shall attend St. Pat's pre-school class for the 2008/2009 year. 3.) Alternate Holidays: Each parent shall also have the right of partial custody on alternate holidays throughout the year the holidays being: Memorial Day, the Independence Day holiday, and Labor Day. Custody on these holidays shall be exercised from 9:00 a.m. until 7:00 p.m. with Father to have custody on the first holiday, that being the Labor Day holiday. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. a.) Thanksgiving: In odd numbered years, the child shall spend Thanksgiving Day from 7:00 p.m. the Wednesday prior to Thanksgiving until 7:00 p.m. Thanksgiving Day with Father. In even numbered years, the child shall spend Thanksgiving from 7:00 p.m. Wednesday prior to Thanksgiving until 7:00 p.m. with Mother. The balance of the Thanksgiving holiday is defined as the period of time from 7:00 pm. Thanksgiving Day until 7:00 pm. the Sunday following Thanksgiving. In odd numbered years, Mother shall have partial custody of the child, and in even numbered years, Father shall have partial custody of the child. b.) Christmas: Mother shall have custody of the child from 2:00 p.m. on SAIDIS, ZJOWER & LINDSAY arrow?rs•,vuw 26 West High Street Carlisle, PA December 24`h until 2:00 p.m. on Christmas Day, and Father shall have custody of the child from 2:00 p.m. on Christmas Day until 2:00 pm. on December 261h c.) Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial: custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 7:00 in the evening. d.) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. 4.) Transportation: Unless otherwise provided for in this Order, the relinquishing party shall be responsible to deliver the child to the receiving party or daycare, whichever is appropriate. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5.) Late for Exchange. In the event any party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the child. 6.) Extracurricular Activities. Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child SAIDIS, SOWER & LINDSAY errow?evs•,vuw 26 West High Street Carlisle, PA wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities that take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity that occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child o timely attend the activity. 7.) Telephone Calls: Both parties are expected to use common sense in SAIDIS, TOWER & LINDSAY ATf3W&l5•A - AW 26 West High Street Carlisle, PA scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. Phone calls initiated by a parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. 8.) Disparaging Remarks. Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use the child to send verbal messages to the other parent about the custody situation or changes in the custody schedule. 9.) Financial Care of Child. At the time of execution of this Agreement, Father shall begin to pay child support to Mother pursuant to the execution of a Domestic Relations Support Agreement and through wage attachment collected by PaSCDU the amount of $600 per month, payable biweekly, or in accordance with his regularly scheduled wages. This amount is modifiable pursuant to Domestic Relations guidelines and in the event of a change in circumstance of either party, including but not limited to, the medical care, education, or financial care of the child, or a change in occupation, health insurance, educational expenses, or residence of a party. 10.) Tax Dependency. For so long as Mother is the primary custodian, she shall claim the child as a dependent on her taxes every year. 10.) Mutual Consultation. Each party shall confer with the other on all SA 31S, TOWER & LEVDS" Af1UWffYS•ATUW 26 West High Street Carlisle, PA matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two hours, and for each person or entity which may provide day care for a child, excluding current day care providers, relatives, or public school institutions. 11.) Illness of Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 12.). Welfare of Child To Be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 13.) Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 14.). Modification of Order. The parties are free to modify the terms of this SAIDIS, WVMR & LINDSAY errow.?s•?vuw 26 West High Street Carlisle, PA order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or schedule shall be. In the event that one or the other does not consent to a change, that does not can each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. ANDREW J. MARSHALL I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. STACY MARRHSALL SAMILS, LOWER & LINDSAY erronr??5•?•uw 26 West High Street Carlisle, PA ANDREW J. MARSHALL, Plaintiff V. STACY J. MARSHALL, Defendant V. SCOTT TACKETT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 2934 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY Defendant Substitution of Counsel / Change in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Andrew J. Marshall, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdaileyCcr,gerberlawoffice. com Date: 29th of August, 2008 To the Prothonotary: Praecipe for Withdrawal of Appearance Please withdrawal my appearance on behalf of Andrew J. Marshall, Plaintiff. Date: 29th of August, 2008 CERTIFICATE OF SERVICE I hereby certify that on the day of 2008, I, Andrea M. Earrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S of Address U.S. mail, postage prepaid, to the party listed below, as follows: Marylou Matas, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Scott Tackett 8125 Albatross Road Fort Myers, Florida 33967 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea . Barrick C?:? ?? ? x ., ' 5 pry y+ ?"?.j i?1 -Y^5 `- ?..?N r + ?+?, ?„ . -4. ...a;.f ?P . %. STACY J. MARSHALL, Plaintiff V. ANDREW J. MARSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2934 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Substitution of Counsel l Change in Address Without Leave of Court (Rule 1012(b)(2)(ii)) To the Prothonotary: Praecipe for Entry of Appearance Please enter my appearance on behalf of Andrew J. Marshall, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdail eyggerberlawoffice.com Date: 29`h of August, 2008 Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Andrew J. Marshall, Plaintiff. O'Brien, Baric & Date: 29th of August, 2008 CERTIFICATE OF SERVICE I hereby certify that on the 6?-k day of 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the substitution of Counsel/Change of Address Without Leave of Court (Rule 10 1 2(b)(2)(ii)), by first class U. S. mail, postage prepaid, to the party listed below, as follows: Marylou Matas, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 4A&ndrreaiia?rrrick C?D -c ca C,n} -a