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HomeMy WebLinkAbout08-3364Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- 3 3 G y L t n-l 7-cy, CIVIL ACTION - LAW LINDA KAY HOLMES, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff, John C. Marsh, is an adult individual currently residing at 416 Oxford Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant, Linda Kay Holmes, is an adult individual currently residing at 604 North Baltimore Avenue, Apt. D, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Michelle E. Marsh, who was born on August 1, 2001. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Address Relationship Dates 416 Oxford Road, Gardners, PA Parties Birth -2004 604 North Baltimore St., Mt. Holly, PA Mother 2006-Present 4. The relationship of the Plaintiff to the child is that of Father. He is single and living separately. The Plaintiff currently resides with the following: Name Relationship N/A 5. The relationship of the Defendant to the child is that of Mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Michelle E. Marsh Daughter David Hackman Boyfriend 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by issuing an Order granting Plaintiff custody of the minor child every weekend as per the status quo. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order granting Plaintiff custody of the minor child every weekend as per the status quo. MARTSON LAW OFFICES By lQdA2 Jenni L pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date:S-z:'- (jo Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 4hn. Marsh FAFILESTliimts\13055 ] Marsh\13055.1.cuscom 169. ? C w rv?/ c -7 77 JOHN C. MARSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3364 CIVIL ACTION LAW LINDA KAY HOLMES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 27, 2008 at 9:00 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/ John . Man an r. Es o. 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 ?INrAIA )dNrIOn 0' =Z ltd 5- Nltf 8001 AHV1G?v +l?' d 3a do JUN 2 7 20081 . JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3364 CIVIL ACTION - LAW LINDA KAY HOLMES nikla LINDA KAY HACKMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW this 7 day of 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. LEGAL CUSTODY The parties hereby agree to share legal custody of the minor child, Michelle E. Marsh, who was born onAugust 1, 2001. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well- being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage Michelle to participate in the plan hereby agreed and ordered. 2 10NVA-RSNN3d Z Z :1 Wd L- Inn 001 ANIO V"OW KL kJ 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Father's name shall be listed with the school as the alternate parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when Michelle is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Neither parent shall drink to the point of intoxication during their custodial period. 3 II. PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Father shall have custody of Michelle from 6:00 p.m. on Friday until noon on Sunday on alternating weekends. 2. Father shall have an additional 14 days of custody throughout the summer to be used at his discretion upon one week's notice to Mother. 3. Holidays will be shared and/or alternated as agreed upon by the parties. 4. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to her parents at any time she desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory 4 arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: C ennifer Spears, Esq. da Kay Hackman, 604 North Baltimore Ave., Apt. D, Mount Holly Springs, PA 17035 ohhn J. Mangan, Esq. - A 5 JOHN C. MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: V. CUSTODY CONCILIATION SUMMARY REPORT 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michelle E. Marsh 08/01/2001 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 27, 2008 with the following individuals in attendance: The Mother, Linda Kay Hackman, pro se The Father, John C. Marsh, with his counsel, Jennifer Spears, Esq. : NO. 2008-3364 : CIVIL ACTION - LAW : IN CUSTODY 3. The parties have come to an agreement and the undersigned recommends the entry of an Order in the form as attached. Date John an Esquire Custo y Conciliator F' FILES,Chentss 13055 1 Marsh,13055. Lcontemptpetition Revised' 945e09 6.34AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN C. MARSH, Plaintiff/Petitioner V. LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3364 CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, John C. Marsh, by and through his attorneys, MARTSON LAW OFFICES, and files this Petition for Contempt: 1. Plaintiff/Petitioner, John C. Marsh,(hereinafter, "Father") is an adult individual currently residing at 416 Oxford Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant/Respondent Linda Kay Holmes n/k/a Linda Kay Hackman, (hereinafter, "Mother") is an adult individual currently residing at 604 North Baltimore Avenue, Apt. D, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties are the parents of Michelle E. Marsh, who was born on August 1, 2001. 4. A Custody Order in this case was entered on July 7, 2008, a copy of which is attached hereto and marked as Exhibit "A." 5. Since that Order, Mother has on numerous occasions refused to allow Father custody of Michelle for his weekend custody. 6. Father had one week of vacation with his daughter; however, Mother would not allow him to have a second week of vacation with his daughter pursuant to Order. 7. Mother took a vacation period with Michelle during Father's weekend of September 12 and 13, 2009; however, she refuses Father to have make-up time with his daughter. There is no provision for Mother to take vacation over Father's weekend as the schedule is that Father only has the child on alternating weekends year-round. 8. The Honorable Kevin A. Hess signed the Order of July 7, 2008. WHEREFORE, Father prays Your Honorable Court to hold Mother in contempt of the Court's Custody Order issued in this case, give Father a make-up weekend and an extra seven-day period over the child's Christmas/winter break from school and to reimburse Father for the cost of his out-of-pocket expenses incurred in enforcing said Order. Date:611 ? ;D ? (? MARTSON LAW OFFICES By Jenni er L. Spears, Esquire I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION The foregoing Petition for Contempt is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. JQ4K C. Marsh F:\FILES\Chents\I3055 J Marsh\13055, Lcontemptpetition CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Petition for Contempt was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Linda K. Hackman 604 North Baltimore Avenue Apt. D Mt. Holly Springs, PA 17065 MARTSON DEARDORFF WILLIAMS & OTTO By is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: -1 I'uH IMF W*SMMM SEP 38 P# 3t 03 3 -3 ?/ ?7? a JOHN C. MARSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3364 CIVIL ACTION LAW LINDA KAY HOLMES N/K/A LINDA KAY HACKMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 11, 2009 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _ john J. Mangan, r., Es q. 11 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 OF THE F,OTARY 20D9 OCT -8 A 11: S 4 Ga4 y (26PY mac ( C 4a . d uc) Oe x ? ROBINSON & GERALDO KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorneys for Defendant JOHN C. MARSH, Plaintiff V. LINDA KAY HOLMES n/k/a, LINDA KAY HACKMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3364 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER AND COUNTER-PETITION TO PLAINTIFF'S PETITION FOR CONTEMPT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that Mother has ever refused to allow Father custody of the child for his weekend. 6. Denied. Pursuant to the parties' Custody Order, a copy of which is attached to Father's petition, Father is entitled to fourteen (14) days of custody with the child during her summer break. Father took one full seven (7) day period and the rest of the days were taken one or two at a time throughout the summer. A copy of Mother's custody calendar indicating the days taken by Father is attached hereto, made a part hereof and marked Exhibit "A." 7. Denied. It is denied Mother took a period of vacation over Father's weekend. Mother indicated to Father that she had a family event on said weekend and asked that Father switch weekends with her. Father agreed and Mother attended her event. However, the following weekend, when Father was expected to take his weekend with the child, he did not show up nor did he call or answer his phone when Mother called. Father showed up the following weekend, which should have been Mother's due to the switch, but she allowed Father to take the child for the weekend. 8. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff s requested relief. COUNTER-PETITION FOR CONTEMPT 9. Defendant hereby incorporates the preceding paragraphs by reference as if more fully set forth herein at length. 10. Paragraph 10 of the parties' July 7, 2008, custody order states that neither party shall drink to the point of intoxication during their custodial period. 11. Mother believes, and therefore avers, that Father has, on numerous occasions, driven with the child while he was in a state of intoxication. Father routinely delivers the child home after his custodial periods when he is in a drunken state. In addition, the child has reported to Mother that Father drinks throughout his periods of custody and that he virtually ignores her when they are together. WHEREFORE, Mother respectfully requests that this Honorable Court hold Father in contempt of the July 7, 2008 Order of Court; require Father to undergo treatment for alcoholism; restrict Father's custodial periods to supervised only until completing said treatment; and require Father to pay Mother's reasonable attorney's fees in the amount of $1,000.00 for the preparation and presentation of this Answer and Counter-Petition. Respectfully submitted: & GERALDO Date: November 6, 2009 By: KR4%STOPHER"T. SkIULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Defendant VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 4 Linda Kay Hackm .a i Na O w o ? N W + 'P r+ tN31 v 0 r o r g c. N C fl. N a g Q OD w ?. o l p, r r ? p ? a r.. ' ?d ??I w P" V O N ?.. U1 OD w a O 0 CL 0 0% %0 NN) C31 A N a g v o w C ? C a y11 A T ' N N N 00 V c N V ? 00 N ? v T g g W N \T w p. ?O N v 0 CERTIFICATE OF SERVICE I, Kristopher T. Smull, do hereby certify that on the 10th day of November, 2009, I caused a true and correct copy of the Answer and Counter-Petition to be served upon the following individual(s) by first class mail and facsimile: Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-1850 Respectfully submitted, ROBINSON GERALDO E By: Kristo er T. Smull, Esquire FILE -?: r,F TpF? r :,. *, ;?rARY 2009 NOV 10 A4,;11 *. i 7 JOHN C. MARSH, V. Plaintiff LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant Prior Judge: Kevin A. Hess, J. NOV J 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3364 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this 19 ` day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. By agreement, Father's Petition for Contempt is hereby DISMISSED. II. LEGAL CUSTODY The parties hereby agree to share legal custody of the minor child, Michelle E. Marsh, who was born on August 1, 2001. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well- being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory 2 or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage Michelle to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Father's name shall be listed with the school as the alternate parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when Michelle is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 3 10. Neither parent shall drink to the point of intoxication during their custodial period. III. PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Father shall have custody of Michelle from 6:00 p.m. on Friday until noon on Sunday on alternating weekends. 2. Father shall have an additional 14 days of custody throughout the summer to be used at his discretion upon one week's notice to Mother. 3. Holidays will be shared and/or alternated as agreed upon by the parties. For Christmas 2009, Father shall have physical custody from noon on 12/25/09 until 6:00 pm on 12/28/09 and from 6:00 pm 12/30/09 until 01/01/10 at 6:00 pm. Each parent shall have physical custody on Mother's Day and Father's Day from 9:00 am until 6:00 pm on their respective days. 4. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. IV. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to her parents at any time she desires. 4 V. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: Jennifer Spears, Esq. Xnstopher Smull, Esq. ?hn J. Mangan, Esq. J 5 JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3364 CIVIL ACTION - LAW LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant IN CUSTODY Prior Judge: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody o Michelle E. Marsh 08/01/2001 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 27, 2008, an Order of Court issued July 7, 2008, Father filed a Petition for Contempt and a conference was held November 11, 2009 with the following individuals in attendance: The Mother, Linda Kay Hackman, with her counsel, Kristopher Smull, Esq. The Father, John C. Marsh, with his counsel, Jennifer Spears, Esq. 3. The parties have come to an agreement and the undersigned recommends the entry of an Order in the form as attached. Date John J. an, Esquire Custod Co ciliator RLEJ-Oi=r"- CE OF THE F"OTHO NOJTARY 2009 NOY 19 AH 11: 12 "i:.(`•! Y?Vvik ABOM CSZ' j?LITLiLAKIS Kara W. Haggerty, U.Nuirc Attornev I.D. #: 86914 2 West I Iigh Strcet Carlisle, PA 17013 (717) 249-09(N) JOHN C. MARSH, Plaintiff V. LINDA KAY HOLMES, n/k/a LINDA KAY HACKMAN, Defendant 211 FEB 24 PM 1: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2008-3364 : CIVIL ACTION -LAW : IN CUSTODY Please withdraw my appearance on behalf of the Plaintiff, John C. Marsh, in the above-captioned matter. ZI i DA,n,- L0 Respectfully submitted, i !I ? Jennifer L. Spears, Esquire Martson Law Office 10 E. High Street Carlisle, PA 17013 (717) 243-3341 Attorney ID# L Please enter my appearance on behalf of the Plaintiff, John C. Marsh, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAras, L.L.P. I?w ??' F ?ru?Kc h ?- Kara W. Haggerty, Esgr' e.? 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 86914 JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF 1 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3364 CIVIL ACTION - LAW LINDA KAY HOLMES nWa C LINDA KAY HACKMAN, co Defendant IN CUSTODY ^ rn zm --x ,,- s,- rn .- xM r er i„r-- Prior Judge: Kevin A. Hess, P.J. co, r M CJ = ?' ORDER OF COURT C AND NOW this Lo' day of May 2011, upon consideration of the attached Custoo --.?x Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. II. In regard to docket number 2010-6107 (Protection From Abuse Order), Father, John C. Marsh, is permitted to have contact, both physical and telephonic, with the subject Child, Michelle Marsh, born 08/01/2001, pursuant to the custodial arrangement as set forth below and shall not be deemed to be a violation of the PFA Order. Furthermore, John C. Marsh, shall be entitled to contact with Linda Hackman as long as said contact strictly and exclusively pertains to custodial matters and is done in a non-threatening, non- harassing peaceful manner. III. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Michelle E. Marsh, who was born on August 1, 2001. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared 2 legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well- being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage Michelle to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Father's name shall be listed with the school as the alternate parent to be contacted in the event of an emergency and to be notified regarding school events. 3 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when Michelle is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Neither parent shall drink to the point of intoxication during their custodial period. IV. PHYSICAL CUSTODY Pending further Order of Court, Mother shall have primary physical custody and Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. The parents shall communicate to arrange exact agreeable times; Father shall have visitation/custody of Michelle for a period of four (4) hours at paternal grandmother Jeanne Hillary's residence at a minimum on alternating Saturdays. The parties have agreed to try to have this visitation between Father and Child every Saturday as their respective schedules permit. 2. Father is expressly permitted to go to Michelle's school to have lunch with her and to attend Michelle's school/extra-curricular activities. 3. Holidays will be shared and/or alternated as agreed upon by the parties. Each parent shall have physical custody on Mother's Day and Father's Day from 9:00 am until 6:00 pm on their respective days. 4. Each parent shall have physical custody of the child for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. 4 V. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to her parents at any time she desires. At a minimum, the parties have agreed that Michelle will call Father at 6:00 pm so that they can communicate. VI. Counseling: The parties have agreed to engage in therapeutic family counseling with an agreed upon professional. Both parents shall sign authorizations to engage in counseling. The cost of the counseling, after appropriate payment through insurance, shall be split equally between the parties. VII. Drug and Alcohol Evaluation: Father has agreed to, and shall, undergo a drug and alcohol evaluation with an appropriate professional. Prior to completion of the evaluation, Father shall sign an authorization for Mother, or her counsel, to provide a written statement to the evaluator for consideration. VIII. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. IX. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. X. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent 5 at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. XI. A status conference with the assigned conciliator is hereby scheduled for July 26 2011 at 10:00 am at the Cumberland County Court of Common Pleas. BY THE COURT: r4)4 J. Cc: Kara Haggerty, Esq. ? John Kerr, Esq. John J. Mangan, Esq. ?qies MaLLXJ 5/?6wh 0rk 6 JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3364 CIVIL ACTION - LAW LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant IN CUSTODY Prior Judge: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Michelle E. Marsh 08/01/2001 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 27, 2008, an Order of Court issued July 7, 2008, Father filed a Petition for Contempt, a conference was held November 11, 2009, an Order issued November 19, 2011 and a conference was held May 06, 2011 with the following individuals in attendance: The Mother, Linda Kay Hackman, with her counsel, John Kerr, Esq. The Father, John C. Marsh, with his counsel, Kara Haggerty, Esq. 3. The parties have come to an agreement and the undersigned recommends the entry of an Order in the form as attached. Date Jo J. an n, Esquire st y Conciliator JOHN C. MARSH, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LINDA KAY HOLMES n/k/a LINDA KAY HACKMAN, Defendant Prior Judge: Kevin A. Hess, P.J. NO. 2008-3364 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW this /I " day of October 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. II. In regard to docket number 2010-6107 (Protection From Abuse Order), Father, John C. Marsh, is permitted to have contact, both physical and telephonic, with the subject Child, Michelle Marsh, born 08/01/2001, pursuant to the custodial arrangement as set forth below and shall not be deemed to be a violation of the PFA Order. Furthermore, John C. Marsh, shall be entitled to contact with Linda Hackman as long as said contact strictly and exclusively pertains to custodial matters and is done in a non-threatening, non- harassing peaceful manner. III. LEGAL CUSTODY I . The parties hereby agree to share legal custody of the minor child, Michelle E. Marsh, who was born on August 1, 2001. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared U 2 legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well- being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage Michelle to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance„ However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Father's name shall be listed with the school as the alternate parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a. time when Michelle is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Neither parent shall drink to the point of intoxication during their custodial period. IV. PHYSICAL CUSTODY Pending further Order of Court, Mother shall have primary physical custody and Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: The parties have agreed to begin therapeutic family counseling prior to Father beginning his custodial periods/visitation with Michelle. Father shall contact and set up an intake appointment with the Stevens Center by the end of the first week of August 2011. The Stevens Center shall be in contact with Mother to schedule her appointments. Once the counseling has begun and there is no objection by the professionals, or rather there is no recommendation to the contrary, the following visitation/physical custody schedule shall apply for Father. 2. The parents shall communicate to arrange exact agreeable times; Father shall have visitation/custody of Michelle for a period of four (4) hours at paternal grandmother Jeanne Hillary's residence at a minimum on alternating Saturdays. The parties have agreed to try to have this visitation between Father and Child every Saturday as their respective schedules permit. Father is expressly permitted to go to Michelle's school to have lunch with her and to attend Michelle's school/extra-curricular activities. 4. Holidays will be shared and/or alternated as agreed upon by the parties. Each parent shall have 4 physical custody on Mother's Day and Father's Day from 9:00 am until 6:00 pm on their respective days. 5. Each parent shall have physical custody of the child for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. 6. Father shall have additional visitation/custody of Michelle upon agreement of the parties under such circumstances and durations as appropriate. V. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to her parents at any time she desires. At a minimum, the parties have agreed that Michelle will call Father at 6:00 pm so that they can communicate. VI. Counseling: The parties have agreed to engage in therapeutic family counseling with an agreed upon professional. Both parents shall sign authorizations to engage in counseling. The cost of the counseling, after appropriate payment through insurance, shall be split equally between the parties. VII. Drug and Alcohol Evaluation: Father has agreed to, and shall, undergo a drug and alcohol evaluation with an appropriate professional. Prior to completion of the evaluation, Father shall sign an authorization for Mother, or her counsel, to provide a written statement to the evaluator for consideration. VIII. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. IX. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. X. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. XI. A status conference with the assigned conciliator is hereby scheduled for November 04, 2011 at 2.30 pm at the Cumberland County Court of Common Pleas. Cc Kara Haggerty, Esq. John Kerr, Esq. John J. Mangan, Esq. Copies "Jed 10//I/)/ 44c- BY THE COURT: J. s rn 071 Q (7 ) -? y - c n '^?.. ?•?'? '?.""? r"^ eta 6 Ln i_ JOHN C. MARSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3364 CIVIL ACTION - LAW LINDA KAY HOLMES n/k/a : LINDA KAY HACKMAN, Defendant IN CUSTODY Prior Judge: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Michelle E. Marsh 08/01/2001 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 27, 2008, an Order of Court issued July 7, 2008, Father filed a Petition for Contempt, a conference was held November 11, 2009, an Order issued November 19, 2011, a conference was held May 06, 2011, an Order issued May 20, 2011 and a conference was held July 26, 2011 with the following individuals in attendance: The Mother, Linda Kay Hackman, with her counsel, John Kerr, Esq. The Father, John C. Marsh, with his counsel, Kara Haggerty, Esq. 3. The parties have come to an agreement and the undersigned recommends the entry of an Order in the form as attached. l? -?/ Date Joh#dy , Esquire Cus iator