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HomeMy WebLinkAbout08-4576MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 4?%06 - GUY D. HUBER, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Marie E. Huber, residing at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Guy D. Huber, residing at 1212 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks primary physical custody and shared legal custody of the following children: Name Present Address Age Alexandria Huber 2307 Claridge Court 13 Years Enola, PA 17025 Matthew Huber 2307 Claridge Court 10 Years Enola, PA 17025 Sydney Huber 2307 Claridge Court 7 Years Enola, PA 17025 Miranda Huber 2307 Claridge Court 5 Years Enola, PA 17025 4. The children were not born out of wedlock. The children are presently in the custody of Marie E. Huber, who resides at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania, 17025. 5. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Marie E. Huber 2307 Claridge Court 7/11/08 to present Enola, PA 17025 Marie E. Huber 2307 Claridge Court 10/07 - 7/11/08 Guy D. Huber Enola, PA 17025 Marie E. Huber 1277 Summit Way 6/07 -10/07 Guy D. Huber Mechanicsburg, PA 17050 Marie E. Huber 1212 Summit Way 12/04 - 6/07 Guy D. Huber Mechanicsburg, PA 17050 Marie E. Huber 5465 Bonny Rigg Court 12/97 - 12/04 Guy D. Huber Mechanicsburg, PA 17050 6. The mother of the children is currently residing at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania 17025. She is married. 7. The father of the children is currently residing at 1212 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married. 8. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the four children. 9. The relationship of Defendant to the children is that of father. Defendant currently resides by himself. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation, concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody and shared legal custody of the minor children. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: '08 By- MARGT M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff VERIFICATION I, Marie E. Huber, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Marie E. Huber DATE: 7 -a-9 -08 > - ? ? a ,, ., ?.? n ?_ t., .? ..a ?.-? ? -, «r '?'. i`^' ??' ,?"' , ?. ? ?; MARIE E. HUBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. GUY D. HUBER DEFENDANT • 2008-4576 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 01, 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 Thursday, September 04, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 6 S . Z j ?`,! - S A V 0 a 0 Z SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110-1778 (717) 234-2401 sn?itel!cri?a?llp.coin ;demm?.(!??s?s Llp, ?cm i Attorneys for Defendant MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. 08-4576 GUY D. HUBER, ; DEFENDANT CIVIL ACTION - CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes Defendant, Guy D. Huber, by and through his counsel Smigel, Anderson & Sacks, and files the following Answer to Complaint for Custody and in support thereof avers as follows: 1. Denied. Defendant denies that Plaintiff is residing at 2307 Claridge Court, Enola, PA. Plaintiff left that address on or about August 13, 2008 and the residence is now vacant. 2. Admitted. 3. Admitted in part and denied in part. Defendant admits that Plaintiff properly identified the children in her Complaint. Defendant denies that the children have been residing with Plaintiff since the parties separated. The children have spent at least as much time with Defendant as they have with Plaintiff since the parties separated. 4. Admitted in part and denied in part. Defendant admits that the children were not born out of wedlock. Defendant denies that the children are currently in Plaintiff's custody, since the children have spent at least as much time with Defendant as they have with Plaintiff since the parties separated. Defendant denies that Plaintiff currently resides at 2307 Claridge Court, Enola, PA. 5. Admitted in part and denied in part. Defendant admits that the children resided with both parties at the addresses stated by Plaintiff until on or about July 11, 2008. Defendant denies that the children have resided with Plaintiff at 2307 Claridge Court, Enola, PA since July 11, 2008, since the children have spent at least as much time with Defendant as with Plaintiff since the parties separated. 6. Admitted in part and denied in part. Defendant admits that Plaintiff is married to Defendant. Defendant denies that Plaintiff currently resides at 2307 Claridge Court, Enola, PA. 7. Admitted. 8. Admitted in part and denied in part. Defendant admits that Plaintiff is the children's mother. Defendant denies that the children reside with Plaintiff, since the children have spent at least as much time with Defendant as with Plaintiff since the parties separated. 9. Admitted in part and denied in part. Defendant admits that he is the children's father. Defendant denies that he resides alone, since the children have spent at least as much time with Defendant as with Plaintiff since the parties separated. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. Defendant denies that granting the relief requested by Plaintiff would serve the children's best interest and permanent welfare. 14. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court grant shared legal custody of the children to Plaintiff and Defendant and equally shared physical custody of the children to both parties. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: 7 _ By. eRoy S igel, Esquire I.D. 09617 e Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant VERIFICATION I, Guy D. Huber, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsificion to authorities. Date: R I Z-7 10S D. MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4576 GUY D. HUBER, ; DEFENDANT CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answer to Plaintiff's Complaint for Custody on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP By: LeRoy migel, Esquire I.D. 09617 Ja pz§ R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ?.w I -TI _ -T7 ,=1 .` co a ? F P () 5 ? t" 0 8? MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, Defendant : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of _4?c , 2008. upon consideration of the attached Custody Conciliatiofn eport, it is ordered and directed as follows: 1. The Mother, Marie E. Huber and the Father, Guy D. Huber, shall have shared legal custody of Alexandria Huber, born July 21, 1995, Matthew Huber, born July 24, 1998, Sydney Huber, born May 18, 2001, and Miranda Huber, born June 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Both parents shall discuss and agree whether a child/children can participate in a sleepover after being made aware of the host family and telephone number where the child can be reached. , 2. The parents shall have shared physical custody on the following schedule: A. Alternating weekends from Friday after school to Monday when school begins. Mother shall have the first weekend, September 5, 2008. ?. sl l r +? ?A?.?' f+ t A t ? _.... , ., ?, 1 ?? ??a? B. Mother shall always have physical custody on Monday and Tuesday overnight. C. Father shall always have physical custody on Wednesday and Thursday overnight. D. Such other times as the parties agree. 3. The parties shall cooperate with family therapeutic counseling, to include co-parenting issues. Counsel for the parties shall agree on the therapist. 4. The parties shall have liberal telephone contact with the children. 5. The parents shall discuss educational, medical, counseling, custodial, and extracurricular activities of the children every Sunday at 9:00 p.m. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 6, 2008 at 9:30 a.m. cc:)Jargaret M. Simok, Esquire, Cot -'James R. Demmel, Esquire, Counsel for Father P QllO/ OS BY TRF. COURT. MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4576 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Huber July 21, 1995 shared Matthew Huber July 24, 1998 shared Sydney Huber May 18, 2001 shared Miranda Huber June 13, 2003 shared 2. A Conciliation Conference was held in this matter on September 4, 2008, with the following in attendance: The Mother, Marie E. Huber, with her counsel, Margaret M. Simok, Esquire, and the Father, Guy D. Huber, with his counsel, James R. Demmel, Esquire. 3. The parties agreed to an Order in the form as attached. 9-5..0Sr Date cqu ne M. Verney, Esquire Custody Conciliator NOV 17 20066 MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4576 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 14b C day of 1KI Ott , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Temporary Order of Court dated September 9, 2008 shall remain in full force and effect with the following additional provisions. 2. The parents shall cooperate with a custody evaluation performed by a custody evaluator agreed to by counsel for the parties. The parties shall share the expense of the evaluation equally, but part of Mother's equal portion will be to provide the retainer if applicable. 3. Thanksgiving shall be shared such that Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 4. The Christmas holiday shall be shared such that Mother shall have physical custody of the children from 9:00 p.m. Christmas Eve until 3:00 p.m. Christmas Day. Father shall have physical custody of the children from 3:00 p.m. Christmas Day to 5:00 p.m. on December 26. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for March 13, 2009 at 9:30 a.m. cc: Donald Kissinger, Esquire, Coun; Z ? :1 d 9 1 AON BOOZ James R. Demmel Esquire Counsel for Father Cop" vnwtLL . MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4576 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Huber July 21, 1995 shared Matthew Huber July 24, 1998 shared Sydney Huber May 18, 2001 shared Miranda Huber June 13, 2003 shared 2. A Conciliation Conference was held in this matter on November 13, 2008, with the following in attendance: The Mother, Marie E. Huber, with her counsel, Donald Kissinger, Esquire, and the Father, Guy D. Huber, with his counsel, James R. Demmel, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered a Temporary Order of Court dated September 9, 2008 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. i /-I Date ac eline M. Verney, Esquire Custody Conciliator APR 7 7 200$, Y? MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4576 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of ?I V\ r or , 2009, upon consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows: I . The prior Orders of Court dated September 9, 2008 and November 18, 2008 shall remain in full force and effect with the following additional provisions. 2. The parents shall have appropriate car seats for the children and assure that they are used by the children. 3. The parties shall have reasonable telephone contact with the children. Reasonable telephone contact means not more than a 15 minute conversation with each child prior to that child's established bedtime. 4. If a child is absent from school, the custodial parent shall notify the non- custodial parent as soon as practicable. 5. The non-custodial parent will not appear at the custodial parent's home unless both parents agree. 6. Changes in the custodial schedule shall be discussed by the parents, not the children. 7. The non-custodial parent shall not infringe on the custodial parent's time with the children. 8. The parties shall cooperate and participate in resuming family therapeutic counseling with a licensed psychologist. The parties shall share the out-of-pocket costs equally. 9. Mother shall have physical custody of the children on Memorial Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the children on July 4 h from 9:00 a.m. to 9:00 p.m. LO LLJ r Cl- lV 10. Each party shall have two non-consecutive weeks in the summer, provided they give the other parent 30 days prior notice. A week is defined as seven overnights from Saturday to Saturday. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 21, 2009 at 9:30 a.m. BY THE COURT, z J. Wejley Oler, Jr., cc: Donald Kissinger, Esquire, Counsel for Mother ames R. Demmel, Esquire, Counsel for Father c4T t *ex MS.t LL MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Huber July 21, 1995 shared Matthew Huber July 24, 1998 shared Sydney Huber May 18, 2001 shared Miranda Huber June 13, 2003 shared 2. A Conciliation Conference was held in this matter on April 21, 2009, with the following in attendance: The Mother, Marie E. Huber, with her counsel, Donald Kissinger, Esquire, and the Father, Guy D. Huber, with his counsel, James R. Demmel, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated September 9, 2008 and November 18, 2008 providing for shared legal and shared physical custody and a custody evaluation. 4. The parties agreed to an Order in the form as attached. Date )a?c q ineM. e y, Esquire Custody Conciliator SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 lsmigel a,saslln.com idemmelnsasllpcom Attorneys for Defendant MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08-4576 CIVIL ACTION- CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, and files the following Petition for Leave to Withdraw As Counsel and in support thereof avers as follows: 1. Petitioner is James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, in the above-captioned case. 2. Plaintiff is Marie E. Huber, currently residing at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant is Guy D. Huber, currently residing at 1212 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about August 4, 2008, Petitioner was engaged pursuant to a written fee agreement (the "Engagement Letter") to represent Defendant in the above-captioned action and a divorce matter docketed at 08-2893. A true and correct copy of the Engagement Letter is attached hereto as Exhibit «A 5. Petitioner has acted in all respects in accordance with the terms of the engagement with Defendant. 6. Defendant has nevertheless filed to honor his obligations pursuant to the engagement in that he has failed to pay Petitioner's legal fees when due. This affirmative duty is incorporated in the Engagement Letter. 7. Petition has mailed regular invoices to Defendant setting forth (a) the description of services rendered on Defendant's behalf, (b) the amounts charged for such services, and (c) all disbursements made by Petitioner in connection with his representation of Defendant. 8. Petitioner has written to and spoken to Defendant in an attempt to arrange payment for services rendered and to gain cooperation with the case; however, Petitioner has been unsuccessful. 9. Defendant made partial payments in the amount of $7,000.00, but after deducting such partial payments, an unpaid balance of $32,197.25 (the "Balance") remains due on both the above captioned matter and the divorce matter. 10. Despite Petitioner's numerous attempts by telephone and letter to arrange payment of the Balance, Defendant has failed and refused to make full payment of those amounts due and owing. 11. Defendant's failure to cooperate with Petitioner in all respects has rendered Petitioner unable to perform his obligations in this case. 12. Rule of Professional Conduct 1.16(a)(1) authorizes an attorney to withdraw as counsel if the representation will result in a violation of the rules of professional conduct, such as the creation of a conflict of interest. 13. Rule of Professional Conduct 1.16(b)(5) authorizes an attorney to withdraw as counsel if the representation will result in an unreasonable financial burden on the attorney. 14. Rule of Professional Conduct 1.16(b)(6) authorizes an attorney to withdraw as counsel for good cause. 15. By virtue of the foregoing, Petitioner has several valid reasons to withdraw in this action, and Petitioner does not believe that these issues will change, as Defendant has had several months to remedy the foregoing issues and has failed to do so. 16. The Honorable J. Wesley Oler, Jr. has previously entered a ruling in this matter. 17. Plaintiff s counsel does not object to Petitioner's request to withdraw. WHEREFORE, Petitioner respectfully requests that the Court enter the attached form of Order, permitting Petitioner to withdraw as counsel of record. Date: l 3 /01 Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: eRo Smigel, Esquire I.D. 09617 es R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant E?kib?4 SMIGEL, ANDERSON LEROY SMIGEL. ESQUIRE & SACKS LLP 1'17()RNEYS AT LAW PHONE: (717) 234-2401, TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: Ismine1@4sas1lp.com www.sasllp.com July 24, 2008 Mr. Guy Huber 1212 Summit Way ?lcc;la J sburg, PA 1.70io Dear Guy: This letter will formalize and confirm our recent discussions in our offices concerning our representation of you in your domestic matter. As I indicated to you, I am not in a position to quote you a specific fee for our professional services due to the uncertain nature of your case. We will represent you on an hourly basis. My present hourly rate is $300.00 and James R. Demmel's rate is currently $225.00 an hour. This hourly rate may be subject to increase in the future as we experience rising costs and overhead expenses. Costs and fees will be itemized and billed on 'a monthly basis. Billings are computed in fractions of hours of not less than one-tenth of an hour. The time expended includes necessary time required for conferences, telephone calls, preparation of pleadings and documents, research, preparation and attendance at court proceedings, and, if necessary, travel time and other matters related to your case. If some of the work on your case can be done by a paralegal or by a law clerk, whose hourly rates are substantially lower than mine, the overall fee will be lower to the extent that their time is utilized. Paralegal time is billed at $125.00 per hour and law clerk services are billed at $100.00 per hour. Any out-of-pocket expenses such as filing fees, transcripts, photocopies, long distance phone calls, on-line research charges and, if necessary, appraisals and accounting fCes will be charged to you at cost in addition to the fee. A replenishing retainer in the amount of $10,000.00 will be required to secure our representation in beginning work on your case. Your retainer will include the initial consultation and the balance will be credited to your account for payment of services and costs as they are incurred in the future. Should your case be settled quickly, any sums in excess of the costs and 'lees incurred will be refunded to you. In the event that the fees and costs exceed the retainer, we will require an additional retainer to secure our on-going representation. Outstanding balances beyond ninety (90) days will be charged 1.5% per month. We reserve the right to withdraw our representation in the event that requested payments are not made on a timely basis. 4431 North Front Street, Harrisburg, Pennsylvania 17110-1709 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP Mr. Guy Huber July 24, 2008 Page 2 It is our standard practice to keep you informed as to the progress of your case. We shall provide you with copies of all correspondence, pleadings and other documents which are received by or sent from this office so that you will be able to maintain your own complete file. Likewise, copies of emails of significance and importance are forwarded to you on a routine basis. The copies sent to you will constitute a client file. If at the end of our engagement you request additional copies of files maintained in our office, the copying will be done at your expense. All private notes, memoranda, impressions and opinions of counsel created during the course of representation will remain the property of the firm. Every effort will be made by this firm to handle your case efficiently and in accordance with the highest legal and ethical standards. Your case will also be held in the strictest confidence. In the event that any court documents are forwarded to you as a party to this litigation, it is essential that you immediately forward them to us in order that we may be kept current with your case and ensure that we can take timely action to protect your rights. There may be times when you call that I am not available to speak with you. Please be assured, however, that I will return your call as soon as possible, hopefully the same day. If you are merely passing on information, please feel free to speak with my paralegal, Vicky Fitz or James R. Demmel's assistant, Shawna Thomas. If the terms of this letter accurately represent your understanding of the terms of our representation, and you have no questions to be answered or clarified, please countersign this letter and return the original to us in the enclosed envelope with the retainer. Keep a copy of this letter for yourself so that we will have a mutual memorandum of our understanding in our representation of you. I look forward to working with you in this matter. Sincerely, j LeRoy Smigel LRS:JRD:smt Accepts 2008. MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4576 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that on the 3 day of September, 2009 I served a true and correct copy of Petition for Leave to Withdraw as Counsel by depositing same in the U.S. Mail, postage prepaid for first class mail, on the following: GUY HUBER 1212 SUMMIT WAY MECHANICSBURG, PA 17050 DONALD T. KISSINGER, ESQUIRE HOWETT, KISSINGER & HOLST, P.C. P.O. BOX 810 HARRISBURG, PA 17108 SMIGEL, ANDERSON & SACKS, LLP By: ar]__Q - Smigel, Esquire I.D. 09617 ('Le F4, es R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant Fl rFICE OF THE' PROIHDN0TAP.Y 2409 SEP -8 PM Z: 04 Viii:!:.. PENNZ x`LVANIA s IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. NO. 08-4576 GUY D. HUBER, DEFENDANT CIVIL ACTION- CUSTODY RULE TO SHOW CAUSE AND NOW, this - -L day of s??? . , 2009, upon consideration of the Petition for Leave to Withdraw as Counsel, a Rule is hereby issued on Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within L I days of this order. BY THE COURT: MARIE E. HUBER, PLAINTIFF J. 7Q?g SEA' i 0 P??, ,?•!? {{? ? ... i'tu 9 /o c - 00PIE's- mat LL --L iw? i ?1.IC!ss?,?.?r? SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Rquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 lsmieelCa]sasllp.com jdemmel asasllo.com Attorneys for Defendant MARIE E. HUBER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. NO. 08-4576 GUY D. HUBER, DEFENDANT CIVIL ACTION - CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, and files the following Motion to Make Rule Absolute and in support thereof avers as follows: 1. On September 8, 2009, James R. Demmel, Counsel for Defendant, filed a Petition for Leave to Withdraw as Counsel. 2. This Court issued a Rule to Show Cause on September 10, 2009, requiring both parties to show cause why the Petition for Leave to Withdraw as Counsel should not be granted within twenty-one (21) days of service. 3. The Rule to Show Cause was served on Plaintiff's counsel and Defendant on September 14, 2009. 4. Neither party filed an answer to the Petition for Leave to Withdraw as Counsel. 5. Pursuant to Pa.R.C.P. §206.7, if an answer is not filed, "all averments of fact in the petition may be deemed admitted ... and the court shall enter an appropriate order." 6. The Honorable Wesley Oler has previously ruled in this matter. 7. Plaintiffs counsel does not object to this Motion. WHEREFORE, Defendant's counsel, James R. Demmel, Esquire respectfully requests that this Honorable Court issue the attached Order, permitting Petitioner to withdraw as counsel of record. Respectfully submitted, Date: 0 K0I SMIGEL, ANDERSON & SACKS, LLP By: ecRoy migel, Esquire I.D. 09617 s R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4576 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that on the 8 day of October, 2009 I served a true and correct copy of Motion to Make Rule Absolute by depositing same in the U.S. Mail, postage prepaid for first class mail, on the following: GUY HUBER 1212 SUMMIT WAY MECHANICSBURG, PA 17050 DONALD T. KISSINGER, ESQUIRE HOWETT, KISSINGER & HOLST, P.C. P.O. BOX 810 HARRISBURG, PA 17108 SMIGEL, ANDERSON & SACKS, LLP By: Q: )_ L_ L eRoy migel, Esquire I.D. 09617 J R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ?. r 3ki 00 :Z llJ C 1 130 6002 l OCT 14 2009 MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08-4576 CIVIL ACTION - CUSTODY ORDER AND NOW, this I day of !9 LA- 2009, upon consideration of the Motion to Make Rule Absolute, said Motion is hereby granted. Defendant's counsel is hereby granted leave to withdraw as counsel. ribution: J es R. Demmel, Esquire, as counsel for Defendant, 4431 N. Front St., Harrisburg, PA 17110 ,/1? ld T. Kissinger, Esquire, as counsel for Plaintiff, P.O. Box 810, 17108 Huber, Plaintiff, 1212 Summit Way, Mechanicsburg, PA 17050 Cn (iF-s myl[CCL l0/! sjoq -/-yi BY THE COURT: FILE h ; r.: I s (;E IAPY 2009 OC f 15 Ph 3' 19 i._ y r w MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4576 GUY D. HUBER, DEFENDANT CIVIL ACTION - CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Defendant, Guy D. Huber, in the above-captioned action pursuant to this Honorable Court's Order dated October 14, 2009, granting leave of counsel to do so. Date: 0 Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: I_P oy Smn' el, Esquire I.D. 0961.7 J es . emmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant RL` t - 2009 OCT 22 sit ?31: 42 . V MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant DEC 212009 I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4576 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of _ I )e C' , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated September 9, 2008, November 18, 2008 and April 24, 2009 shall remain in full force and effect with the following additional provisions. 2. Mother shall have physical custody of the children on Christmas Eve, 2009 from 9:00 p.m. to Christmas Day at 1:00 p.m. Father shall have physical custody of the children from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. 3. Father shall have physical custody of the children for the next two Christmases from Christmas Eve to Christmas Day at times agreed to by the parties. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, - ?L 0 J. )IVI §ley Oler, Jr., J. cc: becca McClincy Darr, Esquire, Counsel for Mother Guy Huber, pro se 1212 Summit Way Mechanicsburg, PA 17050 ea ate, ay A c MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Huber July 21, 1995 shared Matthew Huber July 24, 1998 shared Sydney Huber May 18, 2001 shared Miranda Huber June 13, 2003 shared 2. A telephone Conciliation Conference was held in this matter on December 17, 2009, with the following in attendance: Mother's counsel, Rebecca McClincy Darr, Esquire and the Father, Guy D. Huber, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated September 9, 2008 and November 18, 2008, and April 24, 2009 providing for shared legal and shared physical custody and a custody evaluation. 4. The parties agreed to an Order in the form as attached. Ja-17-09 Date ac line M. Verney, Esquire Custody Conciliator TAPY 1009 DEC 22 PHI 2: 23 .i,*r ?t Rl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -- C) C-- - i MARIE E. HUBER, ) K.- Plaintiff ) NO. 2008-4576', v. ) GUY D. HUBER, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION STIPULATION FOR PARENT COORDINATION AND NOW, this day of , 2010, the parties agreeing it is in the best interests of their children, Alexandria Huber, born July 21, 1995; Matthew Huber, born July 24, 1998; Sydney Huber, born May 18, 2001; and Miranda Huber, born June 13, 2003, that a parent coordinator be appointed to assist them in implementing the custodial arrangement set forth in the various custody orders dated September 9, 2008, November 18, 2008, April 24, 2009 and December 22, 2009, and managing the day-to-day parenting issues on which they do not agree, or both, the following is STIPULATED: 1. APPOINTMENT AND TERM: Arnold T. Shienvold, Ph.D., of Riegler Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, Pennsylvania 17110, is hereby appointed as Parent Coordinator until the expiration of twenty-four (24) months, the resignation of the Parent Coordinator, written agreement of both parties, or termination by the Court, whichever first occurs. Both parties shall execute any and all releases required by the Parent Coordinator to facilitate his appointment and duties hereunder. Counsel for the parties shall provide copies of all relevant Orders and Pleadings in this action to the Parent Coordinator within ten (10) days of the order of appointment. 2. ROLE AS PARENT COORDINATOR: Parent Coordination involves several components: A. The Parent Coordinator attempts to resolve issues arising out of the custody order through facilitation, consultation, coaching and education, all of which are non- decision making functions. B. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the issue, the Parent Coordinator shall resolve the dispute by providing a binding Decision in accordance with the decision making process set forth herein. C. The Parent Coordinator does not function as a psychotherapist, counselor, attorney, mediator, or advocate of the parties, the children or the family; however the Parent Coordinator is permitted and encouraged to facilitate communication and agreement by the parties whenever possible using meditation techniques, and shall always act in a manner conducive to the best interests of the children. 3. SCOPE: The Parent Coordinator is authorized to make binding decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variations from the schedule for a special event or particular circumstance; C. Minor long term adjustments to the physical custody as set forth in the current custody order, not to exceed two (2) days per month; 2 D. Disputes concerning the children's schooling or education; E. The children's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child-care arrangements; G. Clothing, equipment, toys and personal possessions; H. Discipline and behavior management of the children; L Information exchange (school, health, social, etc.) and communication about the children; J. Arrangements for health care reimbursements; K. Clarification of provisions in the current order, including, but not limited to, holiday and vacation plans; L. Communication with the children when they are in the other household; M. Coordination of additional services for either of the parents or the children (e.g., Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc); and N. Other related custody issues as the parties mutually agree, in writing, to submit to the Parent Coordinator. 4. EXCLUSIONS FROM PARENT COORDINATOR'S ROLE: A. The following specific issues are excluded from the Parent Coordinator's function and decision-making authority except as set forth below in subparagraph (B): 3 A change in legal custody decision-making authority set forth in the current custody order; ii. A change in primary physical custody set forth in the current custody order; iii. Changes in the ordered custody schedule (parenting time) which substantially reduce or expand the children's time with one or both parents; and iv. The impact on the current custody order as a result of a change in the geographical residence (relocation) of the children. B. The parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parent Coordinator for his facilitation and recommendation. Any such recommendation shall be non-binding, unless the parties agree to the result and enter a stipulation to be made an order of court. NON-CONFIDENTIALITY OF COMMUNICATIONS: All communications from the parties, their attorneys, or both, to the Parent Coordinator and/or from the Parent Coordinator to the parties, their attorneys, or both, shall not be deemed confidential, but, rather, shall be admissible in evidence under the Rules of Evidence and the Rules of Court. In addition, the Parent Coordinator is authorized to communicate with the Court as to compliance. 6. SOURCES OF INFORMATION: Each party is to provide the Parent Coordinator with all information requested by the Parent Coordinator, including the signing of all releases requested for collateral contacts. The Parent Coordinator is authorized to have contact with any professional or other individual he deems necessary to perform the duties as Parent Coordinator (e.g., the children, therapists, physicians, childcare providers, teachers, family members, etc.). 4 7. DECISION-MAKING PROCESS: A. PROTOCOL: The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the meetings, and whether they will be conducted in person or by telephone. Both parties shall participate in the dispute resolution process defined by the Parent Coordinator in accordance with the principle of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to the welfare of the children. In the event a party is given notice of a session but does not attend, the Parent Coordinator may make a Decision despite that party's absence. B. ORAL AND WRITTEN COMMUNICATIONS WITH THE PARENT COORDINATOR: The parties and their attorneys shall have the right to initiate or receive oral ex parte communication with or from the Parent Coordinator. The facts and substance of such communication shall simultaneously be made known to the other party and confirmed in writing between counsel should the communication be initiated by the attorneys. Any party or counsel may communicate in writing with the Parent Coordinator provided that a copy is given to the other party simultaneously therewith. Copies of any documents, tape recordings or other material which one party gives to the Parent Coordinator must also be accessible to the other party or his or her attorney. All communications with the Parent Coordinator shall be governed by the non-confidentiality provisions of paragraph 5, above. C. DECISIONS: Decisions made by the Parent Coordinator, if in writing, shall be binding and effective when signed by the Parent Coordinator. Decisions need not be in writing and may be made orally if circumstances involving severe time constraints and/or possible emergencies so warrant. Oral decisions shall be binding and effective when made in a fashion communicated to both parties, and such decisions shall be further confirmed in writing to both parties and counsel as soon as possible. Written decisions shall have the effect of an Order of Court, and a copy of each Decision shall be filed with the Prothonotary's Office to be docketed at the captioned docket number. If requested by either party, the Parent Coordinator will then issue a written Report setting forth the reasons for a decision, which report shall be made within 5 days of the issuance of the Decision. JUDICIAL REVIEW: A. In the event a party objects to a Decision by the Parent Coordinator, the parties and counsel, if requested by the parties, shall meet and confer with the Parent Coordinator to attempt to resolve the objections. If the issues are resolved, a written stipulation shall be prepared by the Parent Coordinator or counsel and submitted to the Court to be entered as an Order. Such a stipulation shall modify the prior Decision by the Parent Coordinator, in whole or in part, as set forth in the stipulation. B. If a party continues to object to a Decision by the Parent Coordinator, that party may file with the Court a motion for review attaching a copy of the Decision, the Report (if any) and stating all objections with particularity and clarity. The Decision shall remain in effect unless and until changed by the Court. The Court shall conduct a 6 trial de novo on the disputed issues. The Court will then make an independent determination whether the Parent Coordinator's Decision is contrary to fact or the law. The burden of proof shall be on the moving party. The Court may delegate such review to its regularly appointed Masters or Conciliators where it deems appropriate. C. The procedure set forth in section 8 is mandatory and cannot be waived by the parties absent their mutual written agreement. 9. QUASI-JUDICIAL IMMUNITY: The Parent Coordinator is considered an Officer of the Court and, as such, has quasi-judicial immunity. The Parent Coordinator cannot be sued based on his actions performed pursuant to this stipulation and Order. 10. CHILD ABUSE REPORTING: The Parent Coordinator is required to report to the appropriate child welfare authority/legal authority if he has a reasonable suspicion that a child or an adult may be in danger of harm or abuse. 11. TESTIMONY: The Parent Coordinator can be compelled by the Court, upon good cause shown by either or both parties, to testify in any proceeding concerning the substance of any agreement reached during the Parent Coordination process and/or to confirm any decision and the reasons for such decision made during the Parent Coordination process. Moreover, the Parent Coordinator may testify in proceedings regarding compliance with the enforcement of this stipulation; proceedings regarding the termination of the Parent Coordinator's services; or concerning the payment of the Parent Coordinator's fees. All testimony by the Parent Coordinator in connection with any such proceeding shall be deemed expert testimony, and paid accordingly. Allocation of such fees shall be in accordance with this stipulation unless the Court directs otherwise. 7 12. ALLOCATION OF FEES: The parties will share fees of the Parent Coordinator as follows: 50% by Father and 50% by Mother, subject to re-allocation by the Parent Coordinator, or the Court, if it determines one party has disproportionately caused the need for services. In the discretion of the Parent Coordinator, the Parent Coordinator may charge for missed appointments or appointments canceled on fewer than 24 hours notice. If one party unilaterally cancels on less than 24 hours notice or misses a scheduled appointment, that party shall be solely responsible for any charges assessed by the Parent Coordinator. 13. PAYMENTS: The parties will pay the Parent Coordinator on an ongoing basis in an amount to be determined by the Parent Coordinator as services are rendered. The Parent Coordinator shall report to the Court in writing, with a copy sent to both parties and both counsel, on matters concerning a party's apparent failure to cooperate in making such payments as may become due under this stipulation, and the Court shall have the continuing authority under the Rules of Court to sanction a party for non-cooperation or non-compliance. 14. GRIEVANCES: A. If either party has a complaint about the way the Parent Coordinator is dealing with him or her or regarding the performance or actions of the Parent Coordinator (as distinct from a disagreement with a Decision of the Parent Coordinator), that party must discuss the matter with the Parent Coordinator in person before pursuing it in any other manner. 8 B. If, after discussion, the party remains unsatisfied, he or she must then submit a written letter detailing the complaint or grievance to the Parent Coordinator, copies of which shall be provided to the other party, to both counsel (if any), and to the attorney for the children, if one exists. The Parent Coordinator will then within 20 days provide a written response of the grievance to both parties, counsel, and the attorney for the children, if any. C. If appropriate, given the circumstances, the Parent Coordinator will then meet with the parties and all counsel (if any) to discuss the matter. D. If the grievance or complaint is not resolved after this meeting, the complaining party may proceed by noticed motion to the Court for removal of the Parent Coordinator as specified below. E. The Court shall reserve jurisdiction to determine if either or both parties and/or the Parent Coordinator shall ultimately be responsible for all or a portion of said Parent Coordinator's time and costs spent in responding to the grievance and the Parent Coordinator's attorneys' fees, if any. F. Neither party shall complain about the Parent Coordinator to the Parent Coordinator's licensing board without first complying with the above grievance procedures. 15. TERMINATION: Neither parent may unilaterally terminate the services of the Parent Coordinator; however, they may do so by mutual agreement or by order of Court. The Parent Coordinator may withdraw from service at any time, upon ten (10) days' notice to the parties and the Court, if he determines resignation to be in the best interests of the children, or he is unable to serve the parties. Provided the grievance procedure set forth in Paragraph 14 has been complied with, if either party has a grievance with the Parent Coordinator that has not been resolved informally and privately, then that party may file a motion with the Court to request the removal of the Parent Coordinator. 9 Removal shall only be granted upon good cause shown, such as the Parent Coordinator has acted outside the scope of his authority, has an irreconcilable conflict of interest, is unable to be impartial or has acted contrary to the best interests of the children's. Disappointment with the Parent Coordinator's decision is not grounds for removal. The opposing party and the Parent Coordinator shall be given notice of the motion and may file any and all appropriate responses. The Court may rule on the pleadings submitted or may hold an evidentiary hearing, as it deems appropriate. 16. ACCEPTANCE: The parties acknowledge each has reviewed the foregoing terms and conditions and has had the opportunity to consult with counsel, if he or she has chosen to do so. By signing below, each party agrees to the appointment of Arnold T. Shienvold, Ph.D., as the Parent Coordinator, to fully cooperate with the Parent Coordinator and to comply with the terms and conditions set forth in this Stipulation. The parties authorize the entry of this Stipulation as an Order of Court, enforceable by its terms. Signatures: MOTHER: Marie E. Huber Date: Date: 157/ U 10 I agree to my appointment as the Parent Coordinator as set forth above. I will not undertake services until this Stipulation is entered as an Order of Court. Date: (LU I W (2i?-= C_? Arnold T. Shienvold, Ph.D. Parent Coordinator 11 117, MAY ?x,10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, ) Plaintiff ) NO. 2008-4576 V. ) GUY D. HUBER, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION ORDER OF COURT RE: PARENT COORDINATION AND NOW, this day of , 2010, upon BY THE COURT: Distributi n: onald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17101, (717) 234-2616 Guy D. Huber, 212 North 21" Street, Camp Hill, PA 17011, (717) 884-1223 ?rnold T. Shienvold, Ph.D., 2151 Lingletown Road, Suite 200, Harrisburg, PA 2711 F (717) 540-1313 -Yl ?-r, t ev ertat LL 10 consideration of the parties' Stipulation for Parent Coordination, and finding that Parent Coordination is in the best interest of the children, it is hereby ORDERED and DECREED that said Stipulation is APPROVED and that its terms are hereby ADOPTED as and Order of Court. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MARIE E. HUBER, ) ;.,~ ~ ' ;,,a ~~ Amy Plaintiff ) , ;,~ _~ .~. ~.~ 1~: ~- °,~,' v. ) No. 2008-4576 ,;;, ' ~' ~ cr; '-' .-~ ) w GUY D. HUBER, ,4 Defendant ) ~ ' .~ ~' ---~ P`TT' .~.~, ~ ;~. .., _. Petition for Contempt and Modification 1. Petitioner is Plaintiff, MARIE E. HUBER, who currently resides at 2307 Claridge Court, Enola, Cumberland County, PA 17025. 2. Respondent is Defendant, GUY D. HUBER, who currently resides at 212 N. 21St Street, Camp Hili, Cumberland County, PA 17011. 3. Petitioner and Respondent are the natural parents of the following children: Name Age ALEXANDRIA M. HUBER 15 years MATTHEW R. HUBER 12 years SYDNEY H. HUBER 9 years MIRANDA R. HUBER 7 years 4. A custody order was entered on 7/30/2008, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Our Custody Conciliator, Jackie Verney, mandated co-parenting counseling in her 9/9/2008 order. To comply with this order we've been attended to by two separate co-parenting counselors who both stated after a period of time that they could not help us. Subsequently, a Parent Coordinator was appointed. We began Parent Coordination with Arnie Sheinvold in July 2010. A message received from Mr Sheinvold's office on 11/2/2010 stated that because Defendant (Mr Huber) has not paid for services already rendered and because Defendant has not responded to a recent letter ~'7~•0~ Pl~pl~F easy 1z~`as~8y9 DA4i4:nn ~nr rnn4ow~w+ n.~~ *I~n/,+~inn4inn pnno Z n~~. requesting action on several items (including payment), he could not continue as our appointed Parent Coordinator as stipulated in our court filing on 5/24/2010 and agreed to by Defendant. Additional areas where Defendant has violated the custody order is his lack of sharing school information in his possession with Plaintiff, lack of notification to Plaintiff when a child is absent or late from school and not limiting his telephone contact with the children prior to their established bedtime. 6. Petitioner seeks to modify the custody order because: After 2.5 yeazs of attempting to co-parent with Defendant with the assistance of significant counseling resources, time has shown this to be an impossible task. The same major issues have remained unresolved due to Defendant's refiisal to cooperate on any level. The children are consistently allowed to stay home from school (or are tazdy) while at Defendant's house (which have resulted in unlawful absences), Defendant doesn't follow up to ensure the children complete their homework and have the necessary supplies they need for school, Defendant doesn't enforce the concept that getting good grades is important. Defendaat doesn't communicate or provide information that comes home from school and fights about every issue just for the sake of fighting. Defendant refuses to take responsibility for anything which is why there's been no progress towazd resolving our parenting issues. 7. Petitioner believes the custody order should be changed as follows: Plaintiff would like to have primary custody of the children on school nights to ensure they attend school, have completed their homework, have all the supplies they need for the day, have a good night's rest and are dressed appropriately for the day ahead. This will ensure that both parents will have access to appropriate communications from the schools (as Plaintiff takes full responsibility for alerting Defendant to parent teacher conferences, report cazds, etc) and that the children are given the opportunity to succeed. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: /~ 6/U /~ MARIE E. HUBER, Plaintiff pnff+inr~ fnr ~ne~•nmr4 ~ar~~ ~i(n~i~i r.f4in~ pnno /~ n~~. Verification I, MARIE E. HLTBER, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date: ~ ~ .w (~ MARIE E. HUBER, Plaintiff Dotitinw ~nr rnwtomr~t nr~~ */~nai~in.a4ynr~ pone ~ of ~. Tue, November 2, 2010 9:40:47 AM venous issues From: "RSAPSY~aol.com" <RSAPSY~aol.c~m> A~ to Corrtac:ts To: mgmechanic~yahoo.oom; smb696~yahoo.com cc: rsapar~enting~aol.com You each have been writing to me n3garding issues of concern to you. More specifically, Marie has some concerns about the status of Guy's house and who is living there, and Guy is conc~med about the schools the children will be attending in the future should each of you move. I agree that these are important issues that need discussing. However, I am receiving no payment from Guy with respect to the services that I have given in the past and 1 have received tro response from him with respect to the letter I sent regarding his payment and how services would be paid for in the future. To expect me to continue as your PC without appropr~be compensation, or without any discussion as to how compensation can occur is unrealistic. You signed a stipulation for a PC and I wiN certainly set an appointment and see you, but only if my payment is guaranteed. I have avoided writing th your attorneys on this issue, first because ! do not know if you are still using attorneys, and second because I did not want you to incur the cyst. I could write directly to the court, but 1 am unsure that there is any terse pending, so a judge would not get involved.. If you want me to help you with these situations, please contact the office anal make the appropriate arrangements, including setting a future appointment Arnold Shienvoki, Parenting Cooridinator. Riegler, Shienvold & Associates FJ7rrich~irn iJG 1!9'1 (i MARIE E. HUBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C-) C_- y Q V. 2008-4576 CIVIL ACTION LAW =M C --i -70 f •c - rn M GUY D. HUBER cn -<> rn t"" ? IN CUSTODY { Q DEFENDANT = o . o z 3 ORDER OF COURT -C L' <I AND NOW, Friday, November 12, 2010 , upon consideration of the attached Compla int, 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 Thursday, December 09, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ 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. j1-1.7 6 yg( C* 'Z N U Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DEC 13 2010 DEC 10 2010 MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of DGG . , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the ? day of Qjpnt-;Qi , 2011, at . v o'clock, -, . M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Orders of Court dated September 9, 2008, November 18, 2008, April 24, 2009 and December 22, 2009 shall remain in full force and effect. 3. 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, /cc: Marie E. Huber, pro se, 2307 Claridge Court Enola, PA 17025 /Elizabeth S. Beckley, Esquire, Counsel for Father r0p,i led Ceti 800,01 10 ? I bY? w eM r° r- rn 'C -a =--n 7-c= am' M MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria M. Huber July 21, 1995 shared Matthew R. Huber July 24, 1998 shared Sydney H. Huber May 18, 2001 shared Miranda R. Huber June 13, 2003 shared 2. A Conciliation Conference was held December 9, 2010 with the following individuals in attendance: The Mother, Marie E. Huber, pro se, and the Father, Guy D. Huber, with his counsel, Elizabeth S. Beckley, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated September 9, 2008, November 18, 2008, April 24, 2009 and December 22, 2009 providing for shared legal and shared physical custody on a 2/2/3 schedule. Mother filed a Petition for Contempt and Modification. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody during the school year and shared physical custody in the summer and a finding of contempt against Father. Mother withdrew the contempt petition relating to co-parenting counseling, but continues to assert that Father has failed to share school information, has failed to advise when the children are absent or late for school and has failed to limit his telephone calls to the children. Mother believes that Father provides too lax of supervision of children especially as regards their education. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having alternating weekends. Father asserts that the children have expressed an interest to live primarily with him. Father denies the allegations of contempt. Father wishes to have a custody evaluation performed and is willing to pay for one-half of the cost, but Mother does not have the financial resources to pay one-half of the cost for a custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. ra-9-ia Date acqu line M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIL, MARIE E. HUBER, Plaintiff ) NO. 2008-4576 CIVIL TER r r CD_q y. GUY D. HUBER, ) CIVIL ACTION - LAW 77 c-) rr] --- Defendant ) IN CUSTODY -- PLAINTIFF'S PETITION FOR CUSTODY EVALUATION PURSUANT TO PA.R.Civ.P.1915.8 AND NOW, comes Plaintiff, Marie E. Huber, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 and in support thereof avers as follows: Petitioner is Marie E. Huber ("Mother"), Plaintiff in the above-captioned custody action. 2. Respondent is Guy D. Huber ("Father"), Defendant in the above-captioned custody action. The parents are the biological parents of four minor children, namely, Alexandria Huber, Matthew Huber, Sydney Huber, and Miranda Huber. 4. Pursuant to custody orders dated September 9, 2008, November 18, 2008, April 24, 2009, and December 22, 2009, the parties share legal and physical custody of their children. 5. By Stipulation and Order dated May 26, 2010, the parties appointed Dr. Arnold T. Shienvold, Ph.D., of Riegler Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, Pennsylvania, 17110, as Parenting Coordinator, which appointments lasts 24 months. A copy of the parties' May 26, 2010 Stipulation and Order for Parent Coordination is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 6. By agreement dated October 11, 2010, the parties reaffirmed their shared legal and physical custodial arrangement. 7. In late 2010, however, Mother filed a pro se petition for modification seeking primary physical custody during the school year and shared physical for the remainder of the year. 8. At a conciliation conference on December 9, 2010, before Jacqueline Verney, Esquire, Father asserted his position that he should be awarded primary physical custody and his desire to have a custody evaluation performed in support of his requested relief and expressed his willingness to pay one-half of the costs. 9. After said conciliation conference Mother contacted the undersigned counsel to discuss re-engagement of the undersigned for representation in the matter. 10. On January 17, 2011, Mother's counsel spoke to Father's counsel, Elizabeth Beckley, Esquire, of Beckley & Madden, 212 North 3`d Street, P.O. Box 11998, Harrisburg, Pennsylvania 17101-1505, about moving forward with a custody evaluation as advanced by Father at the conciliation conference, and Father's counsel advised she and her client did not agree to the performance of a custody evaluation. 11. Pursuant to Rule 1915.8 of the Pennsylvania Rules of Civil Procedure, the Court may order the children and the parties to a custody action to submit to and fully participate in an evaluation, including, but not limited to, a comprehensive custody evaluation. 12. A comprehensive custody evaluation to be performed by Dr. Robert M. Gordon, ABPP, Diplomat in Clinical Psychology and Psychoanalysis, the Institute for Advance Psychological Training, 1259 South Cedar Crest Boulevard, #325, Allentown, Pennsylvania 2 18103, (610) 821-8015, is imperative and in the children's best interests in light of, inter-alia, the following: a. Father has failed to parent the children appropriately, as, inter-alia, he routinely fails to ensure the children attend school during his periods of custody, which failure has resulted in the children becoming truant; b. Additionally, due to Father's lax parenting, the children have been tardy for school on multiple occasions to the extent the school has threatened to take appropriate action; C. Father has failed to abide by the parties' shared legal custody by refusing to share school information; d. Mother believes Father engages in alienating behavior and is enmeshed with the children; e. Due to the question of alienation and enmeshment, it is essential that a licensed psychologist, who is an expert in such matters, investigate the claims and evaluate the parties and the children; f. Wife's proposed evaluator, Dr. Gordon, is a nationally recognized expert on psychological testing, which testing will be critical in an evaluation between the parties in light of the pending allegations; and g. Unlike the Court, an evaluator has the luxury of spending substantial time with the parties and the children to investigate what custodial arrangement will facilitate the children's psychological best interests. 13. Mother believes, and therefore avers, the parties should be equally responsible for the costs of any evaluation to be performed by Dr. Gordon. 14. Under the law, this Court is obligated to make a full and exhaustive record when this case proceeds to hearing, and a custody evaluation, particularly the recommendations of an evaluator who has the luxury of spending significant time with the children and the parties, is a critical piece of evidence necessary in order for this Court to develop an exhaustive record and address the issue of what current custodial arrangement is in the children's best interests. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order directing the following: That the parties and the minor children participate in, and avail themselves to, a comprehensive custody evaluation to be performed by Dr. Robert M. Gordon, ABPP, Diplomat in Clinical Psychology and Psychoanalysis, the Institute for Advance Psychological Training, 1259 South Cedar Crest Boulevard, #325, Allentown, Pennsylvania 18103, (610) 821- 8015 2. That the cost of said evaluation be allocated equally between the parties. 3. That the evaluator make specific recommendations as to what legal and physical custodial arrangement is in the best interests of the minor children. 4. Any other relief the Court deems equitable and appropriate under the circumstances. ectfully submitted, Date: Donal . Kissinger, Es re HOWETT, KISSINGE & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Marie E. Huber 4 NT.RIFICATI O I, ?Marie E. Huber, hereby sw.-ar and of mm that the facts contained in the foregoing Plaintiffs Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsifieation to authorities. DATE / Marie E. Huber ?????? MAY 2 5 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant NO. 2008-4576 CIVIL ACTION - LAW IN CUSTODYNISITATION ORDER OF COURT RE: PARENT COORDINATION AND NOW, this day of 2010, upon consideration of the parties' Stipulation for Parent Coordination, and finding that Parent Coordination is in the best interest of the children, it is hereby ORDERED and DECREED that said Stipulation is APPROVED and that its terms are hereby ADOPTED as and Order of Court. BY THE COURT: Distribution: Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17101, (717) 234-2616 Guy D. Huber, 212 North 21" Street, Camp Hill, PA 17011, (717) 884-1223 Arnold T. Shienvold, Ph.D., 2151 Lingletown Road, Suite 200, Harrisburg, PA 17110, (717) 540-1313 TRUE COPY FROM RECORD In Testimony whereof, 1 hen unto set my hand and the se of said rt at Carlisle, Pa. Tws4Zt day of , 20. Protho tary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY LV?NIA MARIE E. HUBER, ) Plaintiff V. GUY D. HUBER, Defendant NO. 2008-4576 CIVIL ACTION - LAW IN CUSTODYNISITATION STIPULATION FOR PARENT COORDINATION ; Z_1 AND NOW, this day of , 2010, the parties agreeing it is in the best interests of their children, Alexandria Huber, born July 21, 1995; Matthew Huber, born July 24, 1998; Sydney Huber, born May 18, 2001; and Miranda Huber, born June 13, 2003, that a parent coordinator be appointed to assist them in implementing the custodial arrangement set forth in the various custody orders dated September 9, 2008, November 18, 2008, April 24, 2009 and December 22, 2009, and managing the day-to-day parenting issues on which they do not agree, or both, the following is STIPULATED: 1. APPOINTMENT AND TERM: Arnold T. Shienvold, Ph.D., of Riegler Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, Pennsylvania 17110, is hereby appointed as Parent Coordinator until the expiration of twenty-four (24) months, the resignation of the Parent Coordinator, written agreement of both parties, or termination by the Court, whichever first occurs. Both parties shall execute any and all releases required by the Parent Coordinator to facilitate his appointment and duties hereunder. Counsel for the parties shall provide copies of all relevant Orders and Pleadings in this action to the Parent Coordinator within ten (10) days of the order of appointment. 2. ROLE AS PARENT COORDINATOR: Parent Coordination involves several components: A. The Parent Coordinator attempts to resolve issues arising out of the custody order through facilitation, consultation, coaching and education, all of which are non- decision making functions. B. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the issue, the Parent Coordinator shall resolve the dispute by providing a binding Decision in accordance with the decision making process set forth herein. C. The Parent Coordinator does not function as a psychotherapist, counselor, attorney, mediator, or advocate of the parties, the children or the family; however the Parent Coordinator is permitted and encouraged to facilitate communication and agreement by the parties whenever possible using meditation techniques, and shall always act in a manner conducive to the best interests of the children. 3. SCOPE: The Parent Coordinator is authorized to make binding decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variations from the schedule for a special event or particular circumstance; C. Minor long term adjustments to the physical custody as set forth in the current custody order, not to exceed two (2) days per month; 2 D. Disputes concerning the children's schooling or education; E. The children's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child-care arrangements; G. Clothing, equipment, toys and personal possessions; H. Discipline and behavior management of the children; I. Information exchange (school, health, social, etc.) and communication about the children; J. Arrangements for health care reimbursements; K. Clarification of provisions in the current order, including, but not limited to, holiday and vacation plans; L. Communication with the children when they are in the other household; M. Coordination of additional services for either of the parents or the children (e.g., Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc); and N. Other related custody issues as the parties mutually agree, in writing, to submit to the Parent Coordinator. 4. EXCLUSIONS FROM PARENT COORDINATOR'S ROLE: A. The following specific issues are excluded from the Parent Coordinator's function and decision-making authority except as set forth below in subparagraph (B): 3 A change in legal custody decision-making authority set forth in the current custody order; ii. A change in primary physical custody set forth in the current custody order; iii. Changes in the ordered custody schedule (parenting time) which substantially reduce or expand the children's time with one or both parents; and iv. The impact on the current custody order as a result of a change in the geographical residence (relocation) of the children. B. The parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parent Coordinator for his facilitation and recommendation. Any such recommendation shall be non-binding, unless the parties agree to the result and enter a stipulation to be made an order of court. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: All communications from the parties, their attorneys, or both, to the Parent Coordinator and/or from the Parent Coordinator to the parties, their attorneys, or both, shall not be deemed confidential, but, rather, shall be admissible in evidence under the Rules of Evidence and the Rules of Court. In addition, the Parent Coordinator is authorized to communicate with the Court as to compliance. 6. SOURCES OF INFORMATION: Each party is to provide the Parent Coordinator with all information requested by the Parent Coordinator, including the signing of all releases requested for collateral contacts. The Parent Coordinator is authorized to have contact with any professional or other individual he deems necessary to perform the duties as Parent Coordinator (e.g., the children, therapists, physicians, childcare providers, teachers, family members, etc.). 4 7. DECISION-MAKING PROCESS: A. PROTOCOL: The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the meetings, and whether they will be conducted in person or by telephone. Both parties shall participate in the dispute resolution process defined by the Parent Coordinator in accordance with the principle of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to the welfare of the children. In the event a party is given notice of a session but does not attend, the Parent Coordinator may make a Decision despite that party's absence. B. ORAL AND WRITTEN COMMUNICATIONS WITH THE PARENT COORDINATOR: The parties and their attorneys shall have the right to initiate or receive oral ex parte communication with or from the Parent Coordinator. The facts and substance of such communication shall simultaneously be made known to the other party and confirmed in writing between counsel should the communication be initiated by the attorneys. Any party or counsel may communicate in writing with the Parent Coordinator provided that a copy is given to the other party simultaneously therewith. Copies of any documents, tape recordings or other material which one party gives to the Parent Coordinator must also be accessible to the other party or his or her attorney. All communications with the Parent Coordinator shall be governed by the non-confidentiality provisions of paragraph 5, above. 5 C. DECISIONS: Decisions made by the Parent Coordinator, if in writing, shall be binding and effective when signed by the Parent Coordinator. Decisions need not be in writing and may be made orally if circumstances involving severe time constraints and/or possible emergencies so warrant. Oral decisions shall be binding and effective when made in a fashion communicated to both parties, and such decisions shall be further confirmed in writing to both parties and counsel as soon as possible. Written decisions shall have the effect of an Order of Court, and a copy of each Decision shall be filed with the Prothonotary's Office to be docketed at the captioned docket number. If requested by either party, the Parent Coordinator will then issue a written Report setting forth the reasons for a decision, which report shall be made within 5 days of the issuance of the Decision. 8. JUDICIAL REVIEW: A. In the event a party objects to a Decision by the Parent Coordinator, the parties and counsel, if requested by the parties, shall meet and confer with the Parent Coordinator to attempt to resolve the objections. If the issues are resolved, a written stipulation shall be prepared by the Parent Coordinator or counsel and submitted to the Court to be entered as an Order. Such a stipulation shall modify the prior Decision by the Parent Coordinator, in whole or in part, as set forth in the stipulation. B. If a party continues to object to a Decision by the Parent Coordinator, that party may file with the Court a motion for review attaching a copy of the Decision, the Report (if any) and stating all objections with particularity and clarity. The Decision shall remain in effect unless and until changed by the Court. The Court shall conduct a 6 trial de novo on the disputed issues. The Court will then make an independent determination whether the Parent Coordinator's Decision is contrary to fact or the law. The burden of proof shall be on the moving party. The Court may delegate such review to its regularly appointed Masters or Conciliators where it deems appropriate. C. The procedure set forth in section 8 is mandatory and cannot be waived by the parties absent their mutual written agreement. 9. QUASI-JUDICIAL IMMUNITY: The Parent Coordinator is considered an Officer of the Court and, as such, has quasi-judicial immunity. The Parent Coordinator cannot be sued based on his actions performed pursuant to this stipulation and Order. 10. CHILD ABUSE REPORTING: The Parent Coordinator is required to report to the appropriate child welfare authority/legal authority if he has a reasonable suspicion that a child or an adult may be in danger of harm or abuse. 11. TESTIMONY: The Parent Coordinator can be compelled by the Court, upon good cause shown by either or both parties, to testify in any proceeding concerning the substance of any agreement reached during the Parent Coordination process and/or to confirm any decision and the reasons for such decision made during the Parent Coordination process. Moreover, the Parent Coordinator may testify in proceedings regarding compliance with the enforcement of this stipulation; proceedings regarding the termination of the Parent Coordinator's services; or concerning the payment of the Parent Coordinator's fees. All testimony by the Parent Coordinator in connection with any such proceeding shall be deemed expert testimony, and paid accordingly. Allocation of such fees shall be in accordance with this stipulation unless the Court directs otherwise. 7 12. ALLOCATION OF FEES: The parties will share fees of the Parent Coordinator as follows: 50% by Father and 50% by Mother, subject to re-allocation by the Parent Coordinator, or the Court, if it determines one party has disproportionately caused the need for services. In the discretion of the Parent Coordinator, the Parent Coordinator may charge for missed appointments or appointments canceled on fewer than 24 hours notice. If one party unilaterally cancels on less than 24 hours notice or misses a scheduled appointment, that party shall be solely responsible for any charges assessed by the Parent Coordinator. 13. PAYMENTS: The parties will pay the Parent Coordinator on an ongoing basis in an amount to be determined by the Parent Coordinator as services are rendered. The Parent Coordinator shall report to the Court in writing, with a copy sent to both parties and both counsel, on matters concerning a party's apparent failure to cooperate in making such payments as may become due under this stipulation, and the Court shall have the continuing authority under the Rules of Court to sanction a party for non-cooperation or non-compliance. 14. GRIEVANCES: A. If either party has a complaint about the way the Parent Coordinator is dealing with him or her or regarding the performance or actions of the Parent Coordinator (as distinct from a disagreement with a Decision of the Parent Coordinator), that party must discuss the matter with the Parent Coordinator in person before pursuing it in any other manner. 8 B. If, after discussion, the party remains unsatisfied, he or she must then submit a written letter detailing the complaint or grievance to the Parent Coordinator, copies of which shall be provided to the other party, to both counsel (if any), and to the attorney for the children, if one exists. The Parent Coordinator will then within 20 days provide a written response of the grievance to both parties, counsel, and the attorney for the children, if any. C. If appropriate, given the circumstances, the Parent Coordinator will then meet with the parties and all counsel (if any) to discuss the matter. D. If the grievance or complaint is not resolved after this meeting, the complaining party may proceed by noticed motion to the Court for removal of the Parent Coordinator as specified below. E. The Court shall reserve jurisdiction to determine if either or both parties and/or the Parent Coordinator shall ultimately be responsible for all or a portion of said Parent Coordinator's time and costs spent in responding to the grievance and the Parent Coordinator's attorneys' fees, if any. F. Neither party shall complain about the Parent Coordinator to the Parent Coordinator's licensing board without first complying with the above grievance procedures. 15. TERMINATION: Neither parent may unilaterally terminate the services of the Parent Coordinator; however, they may do so by mutual agreement or by order of Court. The Parent Coordinator may withdraw from service at any time, upon ten (10) days' notice to the parties and the Court, if he determines resignation to be in the best interests of the children, or he is unable to serve the parties. Provided the grievance procedure set forth in Paragraph 14 has been complied with, if either party has a grievance with the Parent Coordinator that has not been resolved informally and privately, then that party may file a motion with the Court to request the removal of the Parent Coordinator. 9 Removal shall only be granted upon good cause shown, such as the Parent Coordinator has acted outside the scope of his authority, has an irreconcilable conflict of interest, is unable to be impartial or has acted contrary to the best interests of the children's. Disappointment with the Parent Coordinator's decision is not grounds for removal. The opposing party and the Parent Coordinator shall be given notice of the motion and may file any and all appropriate responses. The Court may rule on the pleadings submitted or may hold an evidentiary hearing, as it deems appropriate. 16. ACCEPTANCE: The parties acknowledge each has reviewed the foregoing terms and conditions and has had the opportunity to consult with counsel, if he or she has chosen to do so. By signing below, each party agrees to the appointment of Arnold T. Shienvold, Ph.D., as the Parent Coordinator, to fully cooperate with the Parent Coordinator and to comply with the terms and conditions set forth in this Stipulation. The parties authorize the entry of this Stipulation as an Order of Court, enforceable by its terms. Signatures: MOTHER: Marie E. Huber FA' Guy . Huber Date: 4l " l o s Date: 10 I agree to my appointment as the Parent Coordinator as set forth above. I will not undertake services until this Stipulation is entered as an Order of Court. Date: ? l 2-,c f/C Arnold T. Shienvold, Ph.D. Parent Coordinator II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, Plaintiff ) V. ) GUY D. HUBER, ) Defendant ) NO. 2008-4576 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Marie E. Huber, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 was served upon Elizabeth S. Beckley, Esquire, counsel for Guy D. Huber, Defendant, by depositing same in the United States mail, first class, on January 20, 2011, addressed as follows: Elizabeth S. Beckley, Esquire Beckley & Madden 212 North 3`d Street P.O. Box 11998 Harrisburg, PA 17101-1505 Date: fz;7-0 /-1Z Donal T. Kissinger, Es re HOWETT, KISSINGER HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Marie E. Huber MARIE E. HUBER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE GUY D. HUBER, Defendant :NO. 2008 - 4576 DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR CUSTODY EVALUATION PURSUANT TO PA.R.Civ.P. 1915.8 AND NOW comes the Defendant, Guy D. Huber, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire and Beckley & Madden, of Counsel, files this Response to Plaintiff's Petition for Custody Evaluation Pursuant to PA.R.Civ.P. 1915.8, in which he avers as follows: r-? .C, 1. Admitted. 2. Admitted. ? d w ' CO x --I CJ 3. Admitted. By way of further response, Alexandria is 15 years old, Matthew is 12 years old, Sydney is 9 years old and Miranda is 7 years old. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. Father did request primary physical custody of the parties' children; however, Father indicated that he was willing to participate in a custody evaluation back when the custody action began in 2008, In fact, the parties both agreed to the same and to split the costs as per the Court's November 18, 2008, Order. However, when Husband scheduled the custody evaluation process with Dr. Shienvold's office, Wife refused to participate in the same indicating that she had no money. Father is no longer willing to participate in an evaluation and he believes Mother is now requesting an evaluation for the sole purpose of delaying the trial of this matter scheduled April 15, 2011. A true and correct copy of the Court's November 18, 2008, Order is attached hereto, marked as Exhibit A and incorporated herein. 9. Denied. After reasonable investigation, Father is without information or knowledge sufficient to a belief as to whether the averment contained in Paragraph 9 is true and correct and demands strict proof thereof, if material, at the hearing of this matter. 10. Denied as stated. Father's counsel did speak with Mother's counsel and indicated that Father's willingness to participate in a custody evaluation dated back to 2008 when the parties agreed to the same, but the Mother did not cooperate in having the evaluation performed. Father's counsel explained to Mother's counsel that he is no longer willing to participate in the same because Mother did not cooperate when he scheduled it the first time and Father believes that Mother is using the custody evaluation as a tactic to delay the custody trial. 11. Admitted. 12. Denied. 2 a. Denied. Father has not failed to parent the children appropriately. The children have missed a number of days from school, but the overwhelming majority of those absences have been excused. The children are not truant; b. Denied as stated. It is admitted that the children have been late for school during both parties' custodial periods, however, the times when the children have been tardy when in Father's custody have been due to a medical appointment, or to Father allowing the children to get additional rest because they were not well and so that they did not miss an entire day of school. There have been instances where the parties' oldest daughter has been tardy transferring between classes. C. Denied. Mother contacted the children's schools and had them make her the primary contact even though the parties share both legal and physical custody. Mother is actually the one that fails to provide Father with information so that Father will miss the children's activities. d. Denied. Father does not engage in alienating behavior. To the contrary, Father constantly reminds the children to respect Mother. After reasonable investigation, Father is without information or knowledge sufficient to form a belief as to whether Mother believes Father is "enmeshed with the children." e. Denied. Three of the parties' four children are already in counseling with Dr. Shienvold's office. Mother will not agree to allow the fourth child to participate in counseling. If there were, in fact, a question of alienation and enmeshment, the same would have already been discovered by Dr. Shienvold and his staff. f. Denied. After reasonable investigation, Father is without information or knowledge sufficient to a belief as to whether the averment contained in Paragraph 12 f is true and correct and demands strict proof thereof if material at the hearing of this matter. By way of further response, Wife's has not included in her petition any information concerning Dr. Gordon. Wife has not averred that Dr. Gordon routinely performs custody evaluations.. 3 I g. Denied as stated. Wife had the opportunity to have the evaluation performed in 2009 and refused to participate in the same. Wife is only now trying to have an evaluation done as a method to delay the custody trial. Father believes and therefore avers that the testimony which will be adduced at the hearing of this matter will enable the Court to make an informed custody determination. 13. Denied. On the contrary, Mother had the opportunity to have an evaluation performed and the cost to be split by the parties. She refused to participate in the same. Because Mother has not set forth in her petition any substantive, much less compelling, reason why an evaluation should now be performed, if the Court Orders the parties to participate in a custody evaluation, then the same should be paid for in full by Mother. 14. Denied as stated. It is admitted that under the law the Court is obligated to make a full and exhaustive record when this case proceeds to a hearing. It is denied that a custody evaluation is a critical piece of evidence necessary to enable the Court to address the issue of what current custodial arrangement will serve the children's best interests. While in some cases custody evaluations can be helpful to the Court, the majority of all custody cases proceed without a custody evaluation. The evidence to be adduced at the hearing in this matter will enable the Court to make an informed custody determination. 4 WHEREFORE, Defendant respectfully requests the Court to enter an Order, in the form attached hereto as Exhibit B, denying Defendant's petition. DATED: ?Imrldt4ll Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 VERIFICATION I, Guy D. Huber, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. oArED alp/ten ?????? /? Nov MARIE E. HUBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GUY D. HUBER, Defendant : NO. 20084576 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this --j1 t day of consideration of the attached Custody Conciliation Report, it is ordered and dire ted as follows: 1. The prior Temporary Order of Court dated September 9, 2008 shall remain in full force and effect with the following additional provisions. 2. The parents shall cooperate with a custody evaluation performed by a custody evaluator agreed to by counsel for the parties. The parties shall share the expense of the evaluation equally, but part of Mother's equal portion will be to provide the retainer if applicable. 3. Thanksgiving shall be shared such that Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 4. The Christmas holiday shall be shared such that Mother shall have physical custody of the children from 9:00 p.m. Christmas Eve until 3:00 p.m. Christmas Day. Father shall have physical custody of the children from 3:00 p.m. Christmas Day to 5:00 p.m. on December 26. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for March 13, 2009 at 9:30 a.m. cc: Donald Kissinger, Esquire, Couns 172008 i? ZJames R. Demmel, Esquire, Counsel for Father I rs m'a t LL ?r??ela8 RLED-OHFICE OF THE PF-1174MMARY 2008 NOV 18 PM 1: 4 2 GUM 'S; J-3" 1NTY iT ?X ?'? :?'! MARIE E. HUBER, :IN THE COURT OF COMMON PLEAS OF' Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :CUSTODY GUY D. HUBER, Defendant :NO. ORDER OF COURT AND NOW this _ day of 2011, upon consideration of the Petition for Custody Evaluation Pursuant to Pa.R.CivP. 1915.8 filed by Plaintiff and the Response to the same filed by Defendant, it is hereby ordered that said petition is DENIED. BY THE COURT: , J. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 DATED: c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, ) ,= C=; Plaintiff ) NO. 2008-4576 CIVIL TERPA,. ? .; x . I ` CIVIL ACTION - LAW -, GUY D. HUBER, IN CUSTODYc-? - Defendant ) C- - c PLAINTIFF'S MOTION TO WITHDRAW PETITION FOR CONTEMPT AND MODIFICATION AND TO CANCEL HEARING AND NOW, comes Plaintiff, Marie E. Huber, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Plaintiff's Motion to Withdraw Petition for Contempt and Modification and to Cancel Hearing and in support thereof avers as follows: 1. Plaintiff filed a pro se Petition for Contempt and Modification on November 5, 2010. 2. A custody conciliation conference was held before Custody Conciliator Jacqueline M. Verney, Esquire on December 9, 2010. On that same date, Ms. Verney prepared a Custody Conciliation Summary Report recommending that a hearing be held on this matter. Said hearing was scheduled before the Honorable J. Wesley Oler, Jr. for April 15, 2011 at 1:30 p.m. 3. On January 21, 2011, the undersigned entered his appearance by filing Plaintiff's Petition for Custody Evaluation Pursuant to Pa.R.CIV.P. 1915.8. 4. On February 18, 2011, opposing counsel, Elizabeth S. Beckley, Esquire filed Defendant's Response to Plaintiff's Petition for Custody Evaluation Pursuant to Pa.R.CIV.P. 1915.8. 5. Pursuant to this Court's Order of May 26, 2010, Arnold T. Shienvold, Ph.D. was appointed Parent Coordinator. The parties have subsequently agreed to submit all ongoing disputes to Dr. Shienvold. 6. The parties and their counsel have agreed that the pending Petition for Contempt and Modification should be withdrawn, and the hearing scheduled before the Honorable J. Wesley Oler, Jr. should be canceled. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order directing the following: 1. Mother's Petition for Contempt and Modification should be withdrawn; and 2. The hearing scheduled to be held before the Honorable J. Wesley Oler, Jr. should be canceled. Respectfully submitted, Date: Donald T. Kissinger, Es e HOWETT, KISSINGE1, HOLST, P.C. 91 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Marie E. Huber VERIFICATION I, Donald T. Kissinger, Esquire, hereby swear and affirm that the facts contained in the foregoing Plaintiffs Motion to Withdraw Petition for Contempt and Modification and to Cancel Hearing are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Donald T. Kissinger, Esqui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant NO. 2008-4576 CIVIL TERM CIVIL ACTION - :LAW IN CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Marie E. Huber, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Withdraw Petition for Contempt and Modification and to Cancel Hearing was served upon Elizabeth S. Beckley, Esquire, counsel for Guy D. Huber, Defendant, by depositing same in the United States mail, first class, on March 31, 2011, addressed as follows: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN 212 North 3`d Street P.O. Box 11998 Harrisburg, PA 17101-1505 "=-Z? Date: Donald T. Kissinger, Es ire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Marie E. Huber Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Marie E. Huber F'LEO-GFFIC T HE P'"TH).N?TFafIgy 2-011 APR -5 PM 2: 1, CUMBERLAND COUNTY PENNSYLVANIA JUDGE OLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, Plaintiff ) V. ) GUY D. HUBER, ) Defendant ) NO. 2008-4576 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 4 day of , 2011, upon consideration of Plaintiffs Motion to Withdraw Petition for Contempt and Modification and to Can) cel Hearing, it is hereby O EKED and DECREED that said Petition is GRANTED. end ?r`' G ?'?? '? is + 2C-;? tr r Is e- BY THE COURT: 1c T Distribution: Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108, 234-2616 Elizabeth S. Beckley, Esquire, P.O. Box 11998, Harrisburg, PA 17101-1505, 233-7691 cop, 7/5 0 MARIE E. HUBER, IN THE COURT OF COMMON PLEAS 05 ,,,,, CD Plaintiff CUMBERLAND COUNTY, PENNSYLIA° V. NO.: 2008-4576 -CIVIL TERM ?r -b GUY D. HUBER, CIVIL ACTION - LAW ..?, Defendant IN CUSTODY r M --+ w n TO THE PROTHONOTARY OF S AID COURT: Please withdraw my appearance on behalf of the Plaintiff, Marie E. Huber, in the above-captioned matter. DINE T 2_3111 Respectfully submitted, Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Attorney ID#47937 Please enter my appearance on behalf of the Plaintiff, Marie E. Huber, in the above-captioned matter. Respectfully submitted, DATE. ei 2662 i (l ABom & KUTULAjus, L.L.P. Michelle L. So er, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 MARIE E. HUBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2008-4576 - CIVIL TERM GUY D. HUBER, CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW, this -Od- Q_ day of _, 2011, upon consideration of Petitioner- 4 Attorney's Motion to Withdraw Representation as Counsel, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., is hereby withdrawn as counsel for Plaintiff, Marie E. Huber. Plaintiff shall be considered pro se unless and until she retains counsel. cc: ? elle L. Sommer Esquire Elizabeth S. Beckley, Esquire pll,:2- L ?1 r-?tiCa C7 ,??`? f- C`J rJ BY THE COURT, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARIE E. HUBER, ) Plaintiff v. ) No. 2008-4576 r-,Ico M „1 - ;-r, GUY D. HUBER, °3 C:) Defendant ~ Petition for Contempt 1. Petitioner is Plaintiff, MARIE E. HUBER, who currently resides at 1200 Kings Circle, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Defendant, GUY D. HUBER, who currently resides at 212 N 21 St Street, Camp Hill, Cumberland County, PA 17011. 3. Petitioner and Respondent are the natural parents of the following children: Name Age ALEXANDRIA M. HUBER 16 years MATTHEW R. HUBER 13 years SYDNEY H. HUBER 10 years MIRANDA R. HUBER 8 years 4. A custody order was entered on 12/22/2009, 4/24/2009, 11/18/2008 & 9/9/2008, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Mr Huber has not allowed Ms Huber her designated custodial time with Matthew on a consistent basis since 8/24/2011. This was brought to his legal counsel's attention on 9/27/11 and his counsel has failed to rectify the situation (counsel's response confirming knowledge of the custody order contempt is attached). ~ 74 . ooPI114 c uh ~~~a6 In addition, Mr Huber continues to disregard the notification provision in the 4/24/2009 order I Petition for Contempt Page 3 of 5 stating he is to notify the non-custodial parent as soon as possible when a child is absent from school. He also does not comply with the requirement in the 9/9/2008 order directing both parents to share educational records and/or report cards received by the other parent. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: Lll CAG~~ .lC MARIE E. HtJBER, Plaintiff Verification I, MARIE E. HUBER, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: I~ o7Vp/// MARIE E. HLJBER, Plaintiff , Petition for Contempt Page 4 of 5 f~' i.."- . BECSLEY& MADDEN AzmoizxEYs Am Law caaxBIMes cbvxT 212 Noxxa rrmo[tn ro.wr 031Ksc3 so~ usm HAixrsBURG. PxNivsYi.vAr7ra 17io8-iL99s P80NE. (7I7) 4337691 FABs /9171 93.'h3790 FlI~ NO. E-MAIIs Ldd&7~.~B.Ltt 52380 t3ctober 10, 201I Michelle L. Sommer, Esquire AbOm & Kutulakis 2 West High Street C, diiisie, rci iivi.i RE: Guy and Marie Huber Dear :vlichelle: I have now had an opporhuiity to discuss your Ietter af September 27, 2011, with my ciient as weki as your telephone call of Iast week, T'Il aeldr~ss the issues in the order in u=hiLh you addressedthem, in your letter. ' - • . , ; • : =~~c ` . - i: A.il . ..:s: r•= il ~ You:are coT-rect in•statihg~tt~at~:lQat~l;ew"has afl~%S&zit~Lb ~J ~igi~~ca~~ Custodrai tirne;,%ith.::P:arie sinee:the ~fih~s situa6ori•'`siarted ba-ek in Jurae,: Marie's,b.oyfiipnd'harasse3 ~1-40i~was Yiving at . . her qld house. Unforturiately, neither Marie ncr her boyfriend has made any effort to fix this situafion. This has been an c;ngoing issue all sumtner Iong. I had spoken with Don Kissinger, Esquir.e about ;getting Marie to contact Dr_ Casey Shienvold, Matt's counselor, but that never happened. YVith regard to the childre'n's absences and attendanee, we offei the following: •Most af the chiIdren were late twicz d-ue once tU Ehe flooaing and some roads 'deing cl`osed and seconcily ciue to thz tact that a~.y~ lost power at his home on one of the school days {Camp HiII Schuoi Distliet was actually closed ai the beginning of the year because of nc.~ power}. . : Guy did take ali; of the. children oui =of; scho :=ea:rky orie da~ for Marie's cz-iuiinatheanng. .,:.Two ,..of. .the.cJsildin,-n wer~e: pwye-anii; v,riessei3 -N4 behavzor and: were : -prepared,to. testify- zo =V,~~._ ~rrcIs`'iip other two at the same time as neiiher party :iac any.one avai:ab~e to pi:,k ther~ up. . - , . - BECKL.EY&MADDEN Michelle L. Sommer, Esquixe . October 10, 2011 Page 2 • Matt was absent from school for three days due to strep tllroat and his absence was excused. • Sydney missed two days of school due to illness and her absence was excused; • Miranda naissed school one day due to illness and her absence was excused. • Ale-Xand~A n4issed. wLmQl-Qne:;~av,,dtxe. albservqe- -WW ;;-.C,,-;;ed. • At the beginning of the school year, Matt did turn in his first assignment Iate because he thought it was due on a Friday, but it was actually due on Wednesday_ He has recovered from that and is now carrying a B average. • With regard to Miranda's ckeerleading, she has missed some of her practices. Marie taok it upon herseif to also sign Miranda up for soccer without any consultation with Guy. Soccez is 5-6.15 and cheerieading is from 6-7:15. In order-: to pack up Miranda and her things from soccer arid get her to cheerleading zt takes a good 20 minutes to go from place ta place. The?-e ar.e . some:: nights where she has been too tired and doesn'; want to go to cheerleading so Guy has not foxced her to do sa Marie should've discussed this with Guy before signing her up for both activities because having them back to back like that is very wn.fair to Miranda. • Sydney missed Girl Scouts once when she was sick. , It is important to remember that the children axe going to get sick from time to time. They may even pass it back and forth between them.. The parties never discussed the. 6 tke~ ~Mr ssiilia S&Jol. 16 C~x8 w'aS to nr&-e sjare•'thal an- y absences that occurred were exctised absences and thwt the times they are tardy are kept to a minimuum. From what I know about the children's attendance this }=ear and the times they have been tardy, it appears as if they are doing what everyone agreed they would do last year during the school year. The other thing that we need to consider here is that most of the chiidren's activities occur during Guy's cusfodial periods. He ks happy to f.a.ke them, but there are going to be times when not every child makes every activ7ty or they are late because there are four chiidren involved. If 1Vfarie is willing ta pitch in and help with the transportation that would be acceptable, but Guy has asked her to take the children to other things and she has been unwilling to do so. F..~. BECKI~EY& MADDEN Michelle L. Somrner, Esquire October 10, 2011 Page 3 In addition, Marie is often late for the cus#ody exchange which also causes the children to be late for or miss their activities dependi.ng on how late Marie actually is and where the chiidren need to go. Please #ell her to try and be on tune so that she doesn't interfere with the children attending their activities. I trust you received a copy of #he letter from Dr. Shienvold who stands ready and willing to resume the parties' parent: coordination.. They are under an agreement to. participate in the same until well into next year. I realize that youi client is currently ander °a no-coiit.act nider wi#ia C?uy, bu±' this :~5 sQ mething.,s}e dU enLi*e~ly.op be_ own: . She can't now use her own bad behauior as an excuse to not participate in parent coordination. As I told you, I spoke with Jay Abom, Esquire, in August and told him to I~ do whatever he could to make it so the parties' could go back to Dr. Shienvold. Guy is more than willing to participate in the same and will agree to contact with Marie for that purpose only. As I also told you, nothing is going to get better with Matt and Marie unless Marie does something to work things out with him. Dr. Casey Shienvold made it clear fhat he has no problem with Marie bringing Matt to his sessions and meeting with Marie Lifkerward, i wouid strongly suggest that you have Marie set something up. Before school started;.Ivlatt was going regularly sornetimes once a wee~~ and sometimes every ather week~depending on avaiiability. The girls also go to counseling with Miss Shannon at Dr. Shienvold's office which Marie does not participate in. If Marie wants to have some family counseling with her children, then we would suggest that she arrange to do so through Dr. Shienvold's office as the children already go there and feel comfortable fhere. With regaxd to your offez to change the current custody arrangement, Guy will not agree ta the same. H.e believes i.t Is in tb-e children's best interest to continue ta speaid an. equal amount of time vvith him_ Matt did brealt his ann Iast week. Guy sent Marie multiple text messages throughout the evening giving her updates on Matt's condi#ion. He then took Matt to OIP the following day which he also told Marie that he was gaing to do. Guy has asked Marie multiple times for copies of the children's health insurance cards whicb she has failed and refused fo provide hiui. Will you please have Marie pravide Guy with copies of the same as soan as possible. We don'ti understand why Marie hasn't already done this. BECKLEY BL MADDE N Nlichelle L. Sommer, Esquire October 10, 2011 Page 4 Dwring our telephone call you asked about Sydney's eye therapy. During their sessions wi#h Dr. Shienvold, Guy agreed to get this started which he did do and has paid in excess of $3,004.00 on account. He was under the impression that he and Marie were going to split this cost. Mazie later refused to do the same. Guy was not aware that Marie paid anything on this account. He will seek a payment history from the provider which demonstrates what has been paid on account. He does know that they owe about $420A0 and he made arrangements to make payments on the same. He has never received notice about any judgment agairist them. We would ask that you provide us witli thIs id-flr,~.~ort. . . , You shou.ld lnow that Miranda is also supposed to have the eye tlierapy. Since Guy paid for Sydney's, he told Marie that she should pay for Miranda's. Marie refused and then went and told Miranda that she couldn't have the eye therapy because her fa#her refused to pay for the same. Guy believes that Miranda should also receive this therapy and that Marie should pay for the same since he paid for Sydney's. On another matter, Guy has not xrioved, but he is looking to move closer to the children's schools. When he f~nds a place, we will certainly make sure that Marie has the new address. ' , I Going forward, we strongly suggest that Marie take whatever step is necessary so that #he parties can go back to Dr. Shienvold for parent coordination as she has obiigated herself to do so. Should you have any questions, please do not hesitate to call. Very truly yours, BECKLE & DEN : izabeth . "Liesl" Beckley cc: Mr. Guy D. Huber MARIE E. HUBER, : IN THE COURT OF COMiVION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2048-4576 CIVIL ACTION - LAW GUY D. HUBER, . Defendant : IN CtiSTODY ORDER OF COURT AND NOW, this ay of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated September 9, 2008, November 18, 200$ and Apri124, 2009 shall remain in full force and effect with the following additional provisions. ~ 2. Mother shall have physical custody of the children on Christmas Eve, 'I 2009 from 9:00 p.m. to Christmas Day at I:OQ p.m. Father shall have physical custody of the children from Christmas Day at 1:00 p.nn. to December 26 at 1:00 p.m. 3. Father shall have physical custody of the children far the next two Christmases from Christmas Eve to Christrrias Day at times agreed to by the parties. 4. This Order is entered Pursuant to an agreement of the arties at a Custod P Y 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, J. sley OIer, Jr., J. cc: Rebecca McClincy Darr, Esquire, Counsel for Mother Guy Huber, pro se 1212 Summit Way Mechanicsburg, PA 17050 iX`` ±'sryay ~ AEff'li ~.i . > ?s~r z,7 ?','.;t?5 * . ,~a ~Q?.. . . . . . ~ . • " 'y^,. t,yc, 8;•,:r-•~3~€~'` 1 MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of ~ , 2009, upon consideration of the attached Custody Concili ion Report, it is ordered and directed as fcl,cws: 1. The prior Orders of Court dated September 9, 2008 and November 18, 2008 shall remain in full force and effect with the following additional provisions. 2. The parents shall have appropriate car seats for the children and assure that they are used by the children. 3. The parties shall have reasonable telephone contact with the children. Reasonable telephone contact means not more than a 15 minute conversation with each child prior to that child's established bedtime. 4. If a child is absent from school, the custodial parent shall notify the non- custodial parent as soou as practicable. I 5. The non-custodial parent will not appear at the custodial parent's home ' unless both parents agree. 6. Changes in the custodial schedule shall be discussed by the parents, not the children. 7. The non-custodial parent shall not infringe on the custodial parent's time with the children. 8. The parties shall cooperate and participate in resuming family therapeutic counseling with a licensed psychologist. The parties shall share the out-of-pocket costs equally. 9. Mother shall have physical custody of the children on Memorial Day from ' 9:00 a.rn. to 9:00 p.m. Father shall have physical custody of the children on July 4th from 9:00 a.m. to 9:00 p.m. 10. Each party shall have two non-consecutive weeks in the summer, provided they give the other parent 30 days prior notice. A week is defined as seven overnights from Saturday to Saturday. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 21, 2009 at 9:30 am. BY THE COURT, /c / /,)~j _~o Z_/ J. W y Oler, Jr., J. cc: Donald Kissinger, Esquire, Counsel for Mother James R. Demmel, Esquire, Counsel for Father ik ' ; MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, . Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Huber July 21, 1995 shared Matthew Huber July 24, 1998 shared , Sydney Huber May 18, 2001 shared ' Miranda Huber June 13, 2003 shared 2. A Conciliation Conference was held in this matter on April 21, 2009, with the following in attendance: The Mother, Marie E. Huber, with her counsel, Donald Kissinaer, Esq_uire, and the Father, Guy D. Huber, with his counsel, James R. DemmeI, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated September 9, 2008 and November 18, 2008 providing for shared legal and shared physical custody and a custody evaluation. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator . . 1 Nov 17 20086 MARIE E. HUBER, : IN THE COURT QF COMMON PLEAS OF Plaintiff : CUMBERLAND COiTNTY, PENNSYLVANIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, , Defendant : IN CUSTODY ORDER OF COURT ~ AND NOW, this 1b t day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Temporary Order of Court dated September 9, 2008 shall remain in full force and effect with the following additional provisions. 2. The parents shall cooperate with a custody evaluation performed by a custody evaluator agreed to by counsel for the parties. The parties shall share the expense of the evaluation equally, but part of Mother's equal portion will be to provide the retainer if applicable. 3. Thanksgiving shall be shared such that Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the chiidren from 3:00 p.m. to 9:00 p.m. 4. The Christmas holiday shall be shared such that Mother shall have physical custody of the children frorn 9:00 p.m. Christmas Eve unti13:00 p.m. Christmas Day. Father shall have physical custod of the children from 3• Y .00 . m. C p hristmas Day to 5:00 P.m. on December 26. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for March 13, 2009 at 9:30 am. BY THE COU T, - / J. cc: Donald Kissinger, Esquire, Counsel fo Mother , ~ . Date: SFP ~ ~ : ~jj Scan: p~_ MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF ' Plaintiff : CUMBERLAND COUNTY, PENNSYLVA1vIA V. : NO. 2008-4576 CIVIL ACTION - LAW GUY D. HUBER, . Defendant : IN CUSTODY S E P l l 2008 TEMPORARY ORDER OF COURT AND NOW, this day of , 2008_ upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. Tlie Mother, Marie E. Huber and the Father, Guy D. Huber, shal! have shared legal custody of Alexandria Huber, born July 21, 1995, Matthew Huber, born July 24, 1998, Sydney Huber, born May 18, 2001, and Miranda Huber, born June 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuaiit to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to niake the records and information of reasonable use to the other parent. Both parents shall be entitled to fiill participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to fiill and complete information from any physician, dentist, teacher or authority and copies ofany reports given to them as parents including, but not liniited to: medical records, birth certificates, school or educational attendance reeords or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Both parents shall discuss and agree whether a child/chitdren can participate in a sleepover after being made aware of the host family and telephone number where the child can be reached. 2. The parents shall have shared physica{ custody on the fo(lowing schedule: A. Alternating weekends from Friday after school to Monday when school begins. Mother shall have the first weekend. September 5, 2008. . , B. Mother shall always have physical custody on Monday and Tuesday overnight. C. Father shall always have physical custody on Wednesday and Tht?rsday overnight. D. Such other times as the parties agree. 3. The parties shall cooperate with family therapeutic counseling, to include co-parenting issues. Counsel for the parties shall agree on the therapist. 4. The parties shall have liberal telephone contact with the children. 5. The parents shall discuss educational, medical, counseling. custodial, and extracurricular activities of the children every Sunday at 9:00 p.m. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mt?tuai consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 6, 2008 at 9:30 a.m. BY THE COURT, I ~ J. cc: Margaret M. Simok, Esquire, Counsel for Mother James R. Demmel, Esquire, Counsel for Father ` . . !:.~k.~1~ S . ? •.i:'t"1 7 ,K..;'~~'. "~7 ~yy~ r1 , Pa ',i•'~.i~./~ ~ ~ 1 . : ....:V ~ . . - - ~ . . . MARIE E. HUBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r.a C) C_- o u' 2008-4576 CIVIL ACTION LAW r'F c{D da GUY D. HUBER r-: z i IN CUSTODY A 3 CD DEFEINDANT jc? T, N m ORDER OF COURT AND NOW, _ Friday, November 04, 2011 , upon consideration of the attached Comp laint, 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 Tuesday, December 06, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , gqueline M. Verney, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW" TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 /? Telephone (717) 249-3166 ?Cet k cop fifd / A P ? o ?I?4? (70 II P ? ? cJ /? 7/fir ?C'o c1 (mood KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com MARIE E. HUBER, Plaintiff, V. GUY D. HUBER, Defendant. t!!;' 12F7?B2 1 Ell L5 CUIk1KL:'RLAN0 COUNTY E EINNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4576 IN CUSTODY TO THE HONORABLE ALBERT H. MASLAND, JUDGE OF SAID COURT: MOTION TO CONCOLIDATE THE SCHEDULED CONTEMPT HEARING WITH A HEARING TO MODIFY CUSTODY Plaintiff, Marie E. Huber, by and through her attorney, Hilary Vesell, Esquire, and the law firm KOPE AND ASSOCIATES, LLC, respectfully request the following: 1. Petitioner is Marie E. Huber, an adult individual and the natural Mother who currently resides at 1200 Kings Circle, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Guy D. Huber, an adult individual and the natural Father who currently resides at 212 North 21 st, Camp Hill, Cumberland County, PA 17011. 3. The children are Alexandria born on July 21, 1995, Matthew R. Huber born July 24, 1998, Sydney H. Huber born May 18, 2001, and Miranda R. Huber born June 13, 2003. The parents currently have a shared custody schedule and are splitting their time between the Mother's house at 1200 Kings Circle, Mechanicsburg, Cumberland County, PA 17050 and the Father's house at 212 North 21st, Camp Hill, Cumberland County, PA 17011. 4. Petitioner seeks to have the existing Custody Stipulation modified giving her primary physical custody of the children. 5. The children are presently in the custody of both the Petitioner, Marie E. Huber, who currently resides at 1200 Kings Circle, Mechanicsburg, Cumberland County, PA 17050 and the Respondent, Guy D. Huber, who currently resides at resides at 212 North 21st, Camp Hill, Cumberland County, PA 17011. 6. For the past five (5) years the children have resided at the following addresses with the following persons: Person(s) Addresses Dates Mother 1200 Kings Circle August 2011 -present Mechanicsburg, PA 17050 4380 Roth Farm Village Circle July 2011-August 2011 Mechanicsburg, PA 17050 2307 Claridge Court April 2010-July 2011 Enola, PA 17025 3605 Wansford Road August 2009-April 2010 Mechanicsburg, PA 17050 2307 Claridge Court October 2007-August Enola, PA 17025 2009 Father 212 North 21s' April 2011-present Camp Hill, PA 17011 1212 Summit Way July 2008-April 2011 Mechanicsburg, PA 17050 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody of the children or visitation rights with respect to the child. 8. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated September 9, 2008, November 18, 2008, April 24, 2009 and December 22, 2009 providing shared legal and shared physical custody on a 2/2/3 schedule. 9. The provisions of the Order are as follows: a) Mother and Father have shared physical custody of the children. 10. The best interest and permanent welfare of the children will be served by modifying the Custody Order because: a) The children are not being required to attend school in the father's physical custody. b) The youngest two children are not being fed breakfast before school at their father's house nor will the father pack the children school lunches if necessary. c) The eldest two children, as a result, are attempting to care for the younger children and, therefore, being parentified while at the father's house. d) The children are not being brought to their extracurricular activities in a timely manner in the father's custody (i.e. Sydney has not been attending Girl Scout Troop meetings and Miranda missed or was late to several cheerleading practices). See Exhibit "A" consisting of an email documenting Miranda's absence from cheerleading practices and Sydney's absences from Girl Scout meetings; e) The children's sporting equipment is being lost and not returned in a timely manner while the children are in the father's physical custody. f) The father is not currently working and, as a result, taking money from the children while they are in his physical custody. g) The father bought a horse for Alexandra, but can no longer pay to board the horse as he is not currently working and historically has not been able to maintain employment. Alexandra may, as a result, be developing anxiety as a result of the unknown fate of her pet. Currently, over $3,000 is owned for boarding and feed of the horse. h) The father is currently periodically withholding custody of Matthew R. Huber depending upon the father's schedule. i) The children are also all regularly becoming sick with stomach aches while in the physical custody of the father and not attending school as a result. j) The mother would be the parent to facilitate visitation of the children, thereby alleviating anxiety, which is developing in at least two of the children as a result of the ongoing conflict. k) The father currently will not facilitate phone contact between the mother and the children during his visitation periods and is now using the no contact order between the mother and father as a reason to circumvent the current custody order requiring said phone contact. 1) The father's house doesn't have adequate sleeping provisions for the children and as a result the ten-year old girl may still be sleeping with the father as she has difficulty falling asleep by herself at the mother's house. m) The eight-year old is not taking showers and therefore, not keeping proper hygiene at the father's house. n) The father leaves the two youngest children home alone in the morning for about forty (40) minutes, while he takes the two eldest children to school. Because there are no landlines, the two youngest children are, as a result, left at the father's house alone without any means of communication. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of pendency of this action and the right to intervene: None. 12. A hearing is currently scheduled on March 19, 2012 at 1:30 p.m. in courtroom 1 of the Cumberland County courthouse to hear to Petitioner's contempt issue regarding the father not sharing custody of Matthew R. Huber. 13. A conciliation conference was already held on the contempt issue on December 6, 2011 and the parties were unable to come up with an adequate resolution themselves. 14. The Petitioner now wishes to have the contempt and custody modification matter heard together at the March hearing as the children are missing many days of school. See Exhibit "8" consisting of the children's school attendance records. 15. Because the parties were unable to resolve their disputes successfully in the conciliation on December 6, 2011, judicial economy and the best interest of the children would be served by hearing these matters together. 16. Further, the parties were unable to complete co-parenting due to their communication difficulties. WHEREFORE, the Petitioner respectfully requests this Honorable Court to consolidate the scheduled contempt hearing with a hearing to modify the custody schedule, thereby granting primary physical custody to Petitioner. Respectfully submitted, KOPE & ASSOCIATES, LLC By: jzdAt??i J?QLU Hilary Vesel squire Attorney for Petitioner Dated: Hilary Vesell From: Huber, Marie E [marie.huber@highmark.com] Sent: Tuesday, February 07, 2012 1:45 PM To: hvesell@kopelaw.com Subject: FW: Miranda's Attendance at Cheer Practices Throughout the Year Documentation of Guy's lack of cooperation with Miranda's cheer practices/events. I have not received the modification request in the mail yet as of yesterday. Marie Huber Sr. Financial Analyst IT Cost 11anagement & .%nalysis (717)302-2425 From: Tina Smith f ailto•tmsmith73ahotmail.com1 Sent: Tuesday, February 07, 2012 1:28 PM To: Huber, Marie E Subject: Re: Miranda's Attendance at Cheer Practices Throughout the Year To whom this may concern; Miranda missed several practices and/or was late by 45 minutes or so to practice when she was with her father. There were several times when we had cheer competitions out of town and he wouldn't accompany her on the trip, but wouldn't allow her mother to take her either. This made it hard for us, the advisors, to make sure we could transport her to and from the competitions. There were times when Miranda didn't know what to do because she missed so many of our practices. When she was signed up for cheerleading there was a commitment from everyone that you had to be at all practice and cheer trips unless sick. Most times we heard nothing from her father. We would send emails to both parents so everyone knew about all upcoming events. He was uncooperative most of the time. There was one trip that we had called dad and told him before hand that we could take Miranda to the competition but couldn't bring her home. He made a big issue and wouldn't let her mom bring her back since she was already there with us nor did he make other arrangements for her return trip. These times made it difficult to work with him but at the same time Miranda was part of the team and we needed her to be there. When she was with her mother, there were no issues. Miranda's mom was there on time and with us at every trip whether she had Miranda or not. This was a big help to us. Thanks, PWW Advisors Sent from my iPhone On Feb 3, 2012, at 4:13 PM, "Huber, Marie E" <marie.huber@highmark.com> wrote: Would you be able to summarize for me the difficulties we've had throughout the year trying to obtain cooperation from Miranda's father to ensure Miranda's attendance at cheer practices & events? I'd really appreciate your feedback. I am trying to ensure we don't have to all go through this again.... Thanks! Marie Huber Sr. Financial Analyst IT Cost Management & Analysis (717)3112-2425 This e-mail and any attachments to it are confidential and are intended solely for use of the individual or entity to whom they are addressed. If you have received this e-mail in error, please notify the sender immediately and then delete it. If you are not the intended recipient, you must not keep, use, disclose, copy or distribute this e-mail without the author's prior permission. The views expressed in this e-mail message do not necessarily represent: the views of Highmark Inc., its subsidiaries, or affiliates. 2 Hilary Vesell From: Huber, Marie E [marie.huber@highmark.com) Sent: Wednesday, February 08, 2012 11:49 AM To: hvesell@kopelaw.com Subject: FW: How's Sydney? Another exhibit we should include for item d). Marie Huber Sr. Financial Analyst IT Cost Management & Analysis (717)302-2425 From: mgmechanicC&yahoo.com [mailto:mgmechanic@yahoo.coml Sent: Wednesday, February 08, 2012 11:48 AM To: Huber, Marie E Subject: Fw: How's Sydney? Connected by DROID on Verizon Wireless -----Original message----- From: Becky Thompson <beckvthompson(aD-verizon.net> To: &apos;Marie Huber&apos; <mgmechanic(ZDyahoo.com>, &apos;Guy Huber&apos; <smb696 .yahoo.com> Sent: Fri, Feb 3, 2012 20:57:02 GMT+00:00 Subject: How's Sydney? Marie and Guy, Hello! Hope this note finds both you and the children well. I was absent from our last GS meeting due to a work commitment, but noticed that Sydney had not signed in on the attendance log. Is everything OK w/her? She has missed the last three meetings (including last week) and I wanted to check in and make sure that it wasn't due to something that might have happened at a meeting, unbeknownst to the Leaders. It could also be that she has another commitment on Thursday nights, which is fine as well. Just wanted to make sure that everything is OK. Sydney is due to present at our next meeting on Feb. 9th w/Blakeley and Kalie. Please let me know if she'll not be able to attend so I can let those girls know. It will be up to them if they want to postpone until Sydney returns or go on as scheduled. Sydney is also due to present at our March 8th meeting. (I told her that I could help her with that presentation. It involves showing the girls how to take measurements using a measuring tape in the event that they would want to make clothes in the future.) We've all been missing Sydney and her sunshine at our meetings. Hope to hear from you soon, Becky Thompson Leader, Troop # 11358 717.448.9961 This e-mail and any attachments to it are confidential and are intended solely for use of the individual or entity to whom they are addressed. If you have rece=ived this e-mail in error, please notify the sender immediately and then delete it. If you are not the intended recipient, you must not keep, use, disclose, copy or distribute this e-mail without the author's prior permission. The views expressed in this e-mail message do not necessarily represent the views of Highmark Inc., its subsidiaries, or affiliates. z ate ABSENCE REPORT - 11-12 Student Id: 223640 Huber,?Helen Phone: Shaull Elementary Grade: 05 Hmrm:223 Day Cd STime ETime Med Exc Remarks 717-576-4877 stsdqab Age: 10 App to Att 01/20/2012 91 Friday Al Y stomach cramps Y Full Day, Excused 01/19/2012 90 Thursday Al Y stomach cramps Y Full Day, Excused 01/12/2012 86 Thursday Tl 11:58 Y feeling better N Tardy, Excused 01/06/2012 82 Friday ED 02:30 Y dr appt N Early Dismissal 12/21/2011 77 Wednesday PE 09:45 01:30 Y dr appt N Partial - Excused 12/20/2011 76 Tuesday PE 11:45 01:38 M dr appt N Partial - Excused 12/19/2011 75 Monday Al Y illness Y Full Day, Excused 12/05/2011 65 Monday Al Y illness Y Full Day, Excused 12/02/2011 64 Friday Al Y illness Y Full Day, Excused 11/11/2011 53 Friday Al Y illness Y Full Day, Excused 11/10/2011 52 Thursday Al Y illness Y Full Day, Excused 10/24/2011 40 Monday Al Y fever, stomach ache Y Full Day, Excused 10/21/2011 39 Friday Tl 11:00 Y feeling better N Tardy, Excused 10/12/2011 32 Wednesday ED 02:15 Y dr appt N Early Dismissal 10/12/2011 32 Wednesday Tl 10:55 M dr appt N Tardy, Excused 10/07/2011 30 Friday T2 10:28 Y late Y Tardy, Unexcused 09/30/2011 26 Friday Al Y fever Y Full Day, Excused 09/23/2011 21 Friday Al Y fever Y Full Day, Excused 09/15/2011 15 Thursday T2 09:02 Y late Y Tardy, Unexcused 09/14/2011 14 Wednesday ED 02:00 Y court N Early Dismissal 09/09/2011 11 Friday T1 11:39 Y feeling better N Tardy, Excused 09/08/2011 10 Thursday Al Y flooding Y Full Day, Excused 08/30/2011 5 Tuesday PE 11:30 01:30 M dr appt N Partial - Excused 08/29/2011 4 Monday T1 10:33 Y no power - Irene N Tardy, Excused 01/24/2012 01:5'1:51 PM Cumberland Valley School District Page 1 --A P P L I E D-- Excused: 11.00 Unexcused: 0 Unlawful: 0 Other: 0 Total: 11.00 N 0 T A P P L I E D Excused: 0.06 Unexcused: 0 Unlawful: 0 Partial: 0 Tardy: 7.00 Other: 0 Total: 7.06 T U '1' A L A 13 J Z N (- z 5 Excused: 11.06 Unexcused: 0 Unlawful: 0 Partial: 0 Tardy: 7.00 Other: 0 Total: 18.06 * - Absence occurxed in a building different from the student's current status building ABSENCE REPORT - 11-12 Student Id: 225846 Huber, Regan Phone: 717-576-4877 stsdqab Shaull Elementary Grade: 03 Hmrm:205 Age: 8 Date Day Cd STime ETime Med Exc Remarks App to Att 01/20/2012 91 Friday Al Y illness Y Full Day, Excused 01/12/2012 86 Thursday T1 11:17 Y feeling better N Tardy, Excused 12/20/2011 76 Tuesday PE 11:45 01:38 M dr appt N Partial - Excused 12/19/2011 75 Monday T2 09:52 Y late Y Tardy, Unexcused 12/05/2011 65 Monday Al Y illness Y Full Day, Excused 12/02/2011 64 Friday T1 09:50 Y feeling better N Tardy, Excused 11/11/2011 53 Friday Al Y illness Y Full Day, Excused 11/10/2011 52 Thursday T1 11:10 Y feeling better N Tardy, Excused 11/09/2011 rpm 51 Wednesday Al Y strep throat Y Full Day, Excused 11/08/2011 50 Tuesday Al Y s=ep throat Y Full Day, Excused 10/21/2011 39 Friday Tl 11:00 Y feeling better N Tardy, Excused 10/12/2011 32 Wednesday ED 02:15 Y dr appt N Early Dismissal 10/07/2011 30 Friday T2 10:28 Y late Y Tardy, Unexcused 09/30/2011 26 Friday Al Y fever y Full Day, Excused 09/15/2011 15 Thursday T2 09:02 Y late Y Tardy, Unexcused 09/14/2011 14 Wednesday ED 02:00 Y court N Early Dismissal 09/09/2011 11 Friday T2 11:39 Y late Y Tardy, Unexcused 09/08/2011 10 Thursday Al Y flooding Y Full Day, Excused --A P P L I E D-- N O T A P P L I E D T O T A L A B S E N C E S Excused: 7.00 Unexcused: 0 Unlawful: 0 Other: 0 Total: 7.00 Excused: 0.03 Unexcused: 0 Unlawful: 0 Partial: 0 Tardy: 8.00 Other: 0 Total: 8.03 Excused: 7.03 Unexcused: 0 Unlawful: 0 Partial: 0 Tardy: 8.00 Other: 0 Total: 15.03 * - Absence occurred in a building different from the student's current status building 01/24/2012 01:5x:28 PM Cumberland valley School District Page 1 , Cumberland Valley School District - Attendance Page 1 of 2 CUMBERLAND VALLEY SCHOOL DISTRICT Horne Personal School Academics Good Morning, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Progress Report Report Card Calendar Cumulative Atte ndance Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Peri od: 1st Marking Period Date Class Attendance Absent Arrival Departure Excuse Received 10/28/2011 Homeroom Present 10/27/2011 Homeroom Tardy, Unexcused 09:50 10/26/2011 Homeroom Present 10/25/2011 Homeroom Full Day, Excused Yes ( 1.0) Yes 10/24/2011 Homeroom Present 10/21/2011 Homeroom Present 10/20/2011 Homeroom Present 10/19/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 10/18/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 10117/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 10/14/2011 Homeroom Present 10/13/2011 Homeroom Present 10/12/2011 Homeroom Present 10/11/2011 Homeroom Present 10/07/2011 Homeroom Present 10/06/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 10/04/2011 Homeroom Present 10/03/2011 Homeroom Present 09/30/2011 Homeroom Present 09/29/2011 Homeroom Present 09128/2011 Homeroom Present 09/27/2011 Homeroom Present 09126/2011 Homeroom Present 09/2312011 Homeroom Full Day, Excused Yes ( 1.0) Medical 09/22/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 09/21/2011 Homeroom Full Day, Excused Yes ( 1.0) Medical 09/20/2011 Homeroom Present 09/19/2011 Homeroom Present 09/16/2011 Homeroom Present 09/15/2011 Homeroom Present 09/14/2011 Homeroom Early Dismissal Yes ( 0.0) 01:10 Yes 09/13/2011 Homeroom Present 09/12/2011 Homeroom Present https:Hschoolbook.cvschools.org/eschoolbooklscbklstudentlattendancedetail.cfm?&STID=... 1/24/2012 Cumberland Valley School District - Attendance 09/09/2011 Homeroom Present 09/08/2011 Homeroom Full Day, Excused 09/07/2011 Homeroom Present 09/06/2011 Homeroom Present 09/01/2011 Homeroom Present 08/31/2011 Homeroom Early Dismissal 08/30/2011 Homeroom Present 08/29/2011 Homeroom Tardy, Excused 08/26/2011 Homeroom Present 08/25/2011 Homeroom Present 08/24/2011 Homeroom Present Yes ( 1.0) Yes ( 0.0) 02:30 10:50 Total 9.0 Attendance records will be updated by 4:00pm each day. This site chose VeriSign SSL YeNffi3fyrs for secure e-commerce and Y #1ifYh confidential communications. ABOUT SSL CERTIFICATES Page 2 of 2 Yes Yes I January 24, 2012 10:01 AM (Time remaining: 1 hour 0 minute(s)) 02011 DK/ Management All Rights Reserved For Licensed Use Only Cumberland Valley School District - Attendance Page 1 of 2 C: MBERL.AND VALLEY SCHOOL DISTRICT Horne Personal School Academics Good Morning, Ms. Hubert ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Progress Report Report Card Calendars Cumulative Attendance Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Peri od: 2nd Marking Period Date Class Attendance Absent Arrival Departure 01/17/2012 Homeroom Present 01/13/2012 Homeroom Present 01/12/2012 Homeroom Present 01/11/2012 Homeroom Full Day, Excused Yes ( 1.0) 01/10/2012 Homeroom Present 01/09/2012 Homeroom Present 01/06/2012 Homeroom Present 01/05/2012 Homeroom Present 01/04/2012 Homeroom Present 01103/2012 Homeroom Tardy, Excused 09:40 12/22/2011 Homeroom Present 12/21/2011 Homeroom Present 12/20/2011 Homeroom Present 112/19/2011 Homeroom Present 12/16/2011 Homeroom Present 12/15/2011 Homeroom Present 12/14/2011 Homeroom Present 12/13/2011 Homeroom Full Day, Excused Yes ( 1.0) 12/12/2011 Homeroom Present 12/09/2011 Homeroom Present 12/08/2011 Homeroom Present 12/0712011 Homeroom Present 12/06/2011 Homeroom Tardy, Excused 09:25 12/05/2011 Homeroom Full Day, Excused Yes ( 1.0) 12/02/2011 Homeroom Present 12/01/2011 Homeroom Present 11/30/2011 Homeroom Present 11/29/2011 Homeroom Present 11/22/2011 Homeroom Present 11/21/2011 Homeroom Present 11/18/2011 Homeroom Present 11/17/2011 Homeroom Present 11/16/2011 Homeroom Present Excuse Received Yes Yes Yes https:Hschoolbook.cvschools.org/eschoolbooklscbklstudentlattendancedetaii.cfm?&STID=... 1/24/2012 Cumberland Valley School District - Attendance 11/15/2011 Homeroom Present 11/14/2011 Homeroom Present 11/11/2011 Homeroom Present 11/10/2011 Homeroom Present 11/09/2011 Homeroom Present 11/08/2011 Homeroom Present 11/04/2011 Homeroom Full Day, Excused Yes ( 1.0) 11/03/2011 Homeroom Tardy, Excused 11/02/2011 Homeroom Present 11/01/2011 Homeroom Present 10/31/2011 Homeroom Present Total 4.0 08:55 Attendance records will be updated by 4:00pm each day. veriiettge TirvtttAt? vsRa?r This site chose VeriSign SSL for secure e-commerce and confidential communications. ABOUT SSL CERTIFICATES Page 2 of 2 Yes ' January 24, 2012 10:00 AM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only Cumberland Valley School District - Attendance Page I of 1 CUMBERLAND VALLEY SCHOOL DISTRICT Home Personal School Academics Good Morning, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Motes Progress Report Report Card Calendar Cumulative Attendance Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Period: 3rd Marking Period Date Class Attendance Absent Arrival Departure Excuse Received 01/24/2012 Homeroom Present 01/23/2012 Homeroom Full Day, Excused Yes ( 1.0) Yes 01/20/2012 Homeroom Full Day, Excused Yes ( 1.0) Yes 01/19/2012 Homeroom Full Day, Excused Yes ( 1.0) Yes 01/18/2012 Homeroom Tardy, Unexcused 07:48 Total 3.0 Attendance records will be updated by 4:00pm each day. 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Cumberland Valley School District - Attendance Page 1 of 2 -"' C:UMBERL.AND VALLEY SC"001- DISTRICT Home Personal School Academics Good Afternoon, Ms. Huber! 7 ?X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar Cumulative Attendance Daily Attendance Attendance for: Alexandria M Huber Marking Period: Date Class Attendance Absent Arrival Departure Excuse Received 10/28/2011 Study Hall Present 10/27/2011 Health & Pe 11 Full Day, Excused Yes ( 1.0) Yes 10/26/2011 Study Hall Present 10/25/2011 Health & Pe 11 Present 10/24/2011 Study Hall Present 10/21/2011 Health & Pe 11 Present 10/20/2011 Study Hall Tardy, Excused 10:40 10/19/2011 Health & Pe 11 Present 10/18/2011 Study Hall Present 10/17/2011 Health & Pe 11 Present 10/14/2011 Study Hall Present 10/13/2011 Health & Pe 11 Present 10/12/2011 Homeroom Present 10/11/2011 Health & Pe 11 Present 10/07/2011 Study Hall Present 10/06/2011 Health & Pe 11 Present 10/04/2011 Study Hall Present 10/03/2011 Health & Pe 11 Full Day, Unlawful Yes ( 1.0) 09/30/2011 Study Hall Present 09/29/2011 Homeroom Present 09/28/2011 Study Hall Present 09/27/2011 Health & Pe 11 Present 09/26/2011 Study Hall Present 09/23/2011 Health & Pe 11 Present 09/22/2011 Study Hall Present 09/21/2011 Health & Pe 11 Present 09/20/2011 Study Hall Present 09/16/2011 Study Hall Present 09/15/2011 Health & Pe 11 Present 09/14/2011 Homeroom Half Day, Excused Yes ( 0.5) 03:00 01:30 Yes 09/13/2011 Health & Pe 11 Present 09/12/2011 Study Hall Present 09/09/2011 Health & Pe 11 Present https://schoolbook.cvschools.org/eSchoolBooklscbklstudentlattendancedetail.cfm?STID=20... 2/1/2012 Cumberland Valley School District - Attendance 09/08/2011 Study Hall Full Day, Excused Yes ( 1.0) 09/07/2011 Health & Pe 11 Present 09/06/2011 Study Hall Present 09/01/2011 Health & Pe 11 Present 08/31/2011 Study Hall Present 08130/2011 Health & Pe 11 Present 08/29/2011 Study Hall Present 08/26/2011 Homeroom Present 08/25/2011 Homeroom Present 08/24/2011 Homeroom Present Total .5 Page 2 of 2 Yes Daily attendance not required in eSchoolbook for Periods 2-9. tCi?n t r+u ?rted VERIFY 0 This site chose VeriSign SSL for secure e-commerce and confidential communications. ABOUT SSL CERTIFICATES February 01, 2012 02:04 PM (Time remaining: 1 hour 0 minute(s)) ©2011 DKI Management All Rights Reserved For Licensed Use Only Cumberland Valley School District - Attendance Page 1 of 2 CUMBERLAND VALLEY SC400L DISTRICT IN. Home Personal School Academics Good Afternoon, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar Cumulative Attendance Daily Attendance Attendance fair: Alexandria M Huber Marking Period: Date Class Attendance Absent Arrival Departure Excuse Received 01/17/2012 Study Hall Present 01/11/2012 Health & Pe 11 Present 01/10/2012 Study Hall Present 01/09/2012 Health & Pe 11 Nurse Dismissal Yes ( 0.5) 03:00 01/06/2012 Study Hall Present 01/05/2012 Health & Pe 11 Present 01/04/2012 Study Hall Present 01/0312012 Health & Pe 11 Present 12/22/2011 Study Hall Present 12/21/2011 Health & Pe 11 Partial - Excused Yes ( 0.0) 01:21 12/2012011 Study Hall Present 12119/2011 Health & Pe 11 Present 12/1612011 Study Hall Present 12/15/2011 Health & Pe 11 Present 12114/2011 Study Hall Present 12/13/2011 Health & Pe 11 Present 12/12/2011 Study Hall Present 12/09/2011 Health & Pe 11 Tardy, Excused 09:06 12/08/2011 Study Hall Half Day, Excused Yes ( 0.5) 11:05 Tardy, Excused 11:05 12/07/2011 Health & Pe 11 Present 12/06/2011 Study Hall Present 12/05/2011 Health & Pe 11 Present 12/0212011 Study Hall Half Day, Excused Yes ( 0.5) 12:27 12/0112011 Health & Pe 11 Present 11/30/2011 Study Hall Present 11/29/2011 Health & Pe 11 Present 11/22/2011 Study Hall Present 11/21/2011 Health & Pe 11 Present 11/1812011 Study Hall Present 11/17/2011 Health & Pe 11 Half Day, Excused Yes ( 0.5) 11:18 Tardy, Excused 11:18 11/16/2011 Study Hall Present 08:50 10:00 Medical 07:55 10:00 Medical 07:55 https:llschoolbook.cvschools.org/eSchoolBooklscbklstudentlattendancedetail.cfm?&STID=... 2/1/2012 Cumberland Valley School District - Attendance 11/15/2011 Health & Pe 11 Present 11/14/2011 Study Hall Present 11/11/2011 Health & Pe 11 Present 11/10/2011 Study Hall Present 11/09/2011 Health & Pe 11 Present 11/08/2011 Study Hall Present 11/04/2011 Health & Pe 11 Half Day, Excused Yes ( 0.5) 11:09 11/03/2011 Study Hall Present 11/02/2011 Health & Pe 11 Present 11/01/2011 Study Hall Present 10/31/2011 Health & Pe 11 Present Total 2.5 07:55 Daily attendance not required in eSchoolbook for Periods 2-9. Ysr#?I?Fst 13ttl? nett???r r This site chose VeriSign SSL for secure e-commerce and confidential communications. ABOUT SSL CERTIFICATES Page 2 of 2 February 01, 2012 02:05 PM (Time remaining: 1 hour 0 minute(s)) 02011 DKJ Management All Rights Reserved For Licensed Use 641 Cumberland Valley School District - Attendance Page 1 of 1 CUMBERLAND VALLEY SCHOOL DtSTRICT Home Personal School Academics Good Afternoon, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Progress Report Report Card Calendar Cumulative Attendance Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Period: 3rd Mark ing Period Date Class Attendance Absent Arrival Departure Excuse Received 02/01/2012 Homeroom Tardy, Unexcused 07:46 01/31/2012 Homeroom Present 01/30/2012 Homeroom Present 01/27/2012 Homeroom Present 01/26/2012 Homeroom Present 01/25/2012 Homeroom Present 01/24/2012 Homeroom Present 01/23/2012 Homeroom Full Day, Excused Yes ( 1.0) Medical 01/20/2012 Homeroom Full Day, Excused Yes ( 1.0) Medical 01/19/2012 Homeroom Full Day, Excused Yes ( 1.0) Medical 01/18/2012 Homeroom Tardy, Unexcused 07:48 Total 3.0 Attendance records will be updated by 4:00pm each day. This site chose VeriSign SSL Q Truetad tSn for secure e-commerce and r?s confidential communications. YERIT? ABOUT SSL CERTIFICATES February 01, 2012 02:13 PM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only https:llschoolbook.cvschools.org/eschoolbooklscbklstudentlattendancedetail.cfin?STID=16... 2/l/2012 Cumberland Valley School District - Attendance Page 1 of 1 UMBERLAND VALLEY SCHOOL DISTRICT Home Porsonal School Academics Good Afternoon, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar Cumulative Attendance Daily Attendance Attendance for: Alexandr ia M Huber Marking Period: Date Class Attendance Absent Arrival Departure Excuse Received 02/01/2012 Health & Pe 11 Present 01/31/2012 Study Hall Present 01/30/2012 Health & Pe 11 Present 01/27/2012 Study Hall Present 01/26/2012 Health & Pe 11 Half Day, Excused Yes ( 0.5) 12:03 07:55 Tardy, Excused 12:03 01/25/2012 Study Hall Present 01/24/2012 Health & Pe 11 Present 01/23/2012 Study Hall Present 01/20/2012 Health & Pe 11 Present 01/19/2012 Study Hall Half Day, Excused Yes ( 0.5) 11:35 07:55 Tardy, Excused 11:35 01/18/2012 Health & Pe 11 Present Total 1.0 Daily attendance not required in eSchoolbook for Periods 2-9. This site cho se VeriSign SSL lgr? *d for secure e-commerce and NTru confidential communications. VERIFTr ABOUT SSL CERTIFICATES February 01, 2012 02:05 PM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only https://schoolbook.cvschools.org/eSchoolBooklscbklstudentlattendancedetail.cfm?&STID=... 2/1/2012 Cumberland Valley School District - Attendance Page 1 of 1 CUMBERLAND ''VALLEY SCHOOL [3t!$TRMCT Home Personal School Academics Good Morning, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar Daily Attendance Attendance for: Alexandria M Huber Marking Period 1 2 3 4 Total Present 39.5 39.5 4.5 0.0 83.5 Absent 3.5 2.5 0.5 0.0 6.5 Total Days 43.0 42.0 5.0 0.0 90.0 Tardy 1.0 3.0 1.0 0.0 5.0 Daily attendance not required in eSchoolbook for Periods 2-9. Click on a Marking Period to view day-by-day attendance This site chose VeriSign SSL for sec ure e-commerce and QN confidential communications. ?a1?w. . ABOUT SSL CERTIFICATES January 24, 2012 09:59 AM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only https://schoolbook.cvschools.orgleSchoolBooklscbk/studentlattendancedisplay.cfm?STID... 1/24/2012 Cumberland Valley School District - Attendance Page 1 of 1 CUMBERLAND VALLEY SCHOOL DISTRICT C Home Persona! School Academics Good Morning, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Progress Report Report Card Calendar Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Period 1 2 3 4 Total Present 35.0 40.0 2.0 0.0 77.0 Absent 9.0 4.0 3.0 0.0 16.0 Total Days 44.0 44.0 5.0 0.0 93.0 Tardy 2.0 3.0 1.0 0.0 6.0 Attendance records will be updated by 4:00pm each day. Click on a Marking Period to view day-by-day attendance This site chose VeriSign SSL YRrISI?t? Trvstad for secure e-commerce and confidential communications. vcR?sT ABOUT SSL CERTIFICATES January 24, 2012 10:00 AM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only https://schoolbook.cvschools.orgleschoolbook/scbklstudentlattendancedisplay.cfm?stid= l 6... 1/24/2012 Cumberland Valley School District - Attendance Page 1 of 1 CUMBERLAND VALLEY SCHOOL DISTRICT Home Personal School Academics Good Afternoon, Ms. Huber! ? X Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar Daily Attendance Attendance for': Alexandria M Huber Marking Period 1 2 3 4 Total Present 39.5 39.5 10.0 0.0 89.0 Absent 3.5 2.5 1.0 0.0 7.0 Total Days 43.0 42.0 11.0 0.0 96.0 Tardy 1.0 3.0 2.0 0.0 6.0 Daily attendance not required in eSchoolbook for Periods 2-9. Click on a Marking Period to view day-by-day attendance This site chose VeriSign SSL Yarl3lq n for secure e-commerce and T?ustset confidential communications. Yca?sr?? ABOUT SSL CERTIFICATES February 01, 2012 02:04 PM (Time remaining: 1 hour 0 minute(s)) ©2011 DKI Management Alt Rights Reserved For Licensed Use Only https:Hschoolbook.cvschools.orgleSchoolBooklscbklstudentlattendancedisplay.cfm?STID=... 2/l/2012 Cumberland Valley School District - Attendance Page 1 of 1 UMBERL.AND VALLEY SCH1 104 DISTRICT Nome Personal School Academics Good Afternoon, Ms. Huber! ? X Alexandria 11001M Profile Schedule Assignments Attendance Grades Notes Progress Report Report Card Calendar Daily Attendance Attendance for: Matthew R (Matt) Huber Marking Period 1 2 3 4 Total Present 35.0 40.0 8.0 0.0 83.0 Absent 9.0 4.0 3.0 0.0 16.0 Total Days 44.0 44.0 11.0 0.0 99.0 Tardy 2.0 3.0 2.0 0.0 7.0 Attendance records will be updated by 4:00pm each day. Click on a Marking Period to view day-by-day attendance This site chose VeriSign SSL VariSl» for secure e-commerce and Trp tistl confidential communications. ABOUT SSL CERTIFICATES February 01, 2012 02:13 PM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management All Rights Reserved For Licensed Use Only https://schoolb+Kok.cvschools.org/eschoolbooklscbklstudentlattendancedisplay.cfm?STID=1... 2/1/2012 Cumberland Valley School District - Report Card Page 1 of 1 UMBERLAND VALLEY SCHOOL DISTRICT Home Personal School Academics Good Afternoon, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Report Card Calendar m7 Semester 1 Exam 1st Marking Period 2nd Marking Period Grade Course Subject Instructor Score Grade Score Grade Score Grade 1062/2/30 *AP American Treher, Kate 69 0 77 C 80 C History (Comments) 0031/3/30 *AP English Lang Dominick, 69 40 73 D 88 B and Comp Rachele (Comments) 4046/1/30 *AP Spanish IV Gross, 56 go 51 r Christopher (Comments) Late, Poor, Or Incomplete Late, Poor, Or Incomplete Assignments Assignments 3041/3/30 *HPre Calc/Trig Sawyer, 65 00 73 D lW Cerise (Comments) 2023/14/30 Biology L2 Futato, 93 A 91 B 93 A Margaret (Comments) Satisfactory Student Satisfactory Student Behavior Behavior Courteous / Cooperative Participates Well In Class 6020/2/30 Drawing & Rubinic, 90 B 97 A Painting Angela (Comments) 5571/3/30 Driver Trng S1 Rimpfel, 93 A 96 A Elizabeth (Comments) Courteous / Cooperative 5560/2/30 Grad Proj A-K Bullock, Brian 90 B 97 A (Comments) 5011/1/30 Health & Pe 11 Meck, Diann 98 A 84 C (Comments) Puts Forth Effort Grades updated once per week This site chose Ve riSign SSL V+etlffily? for secure e-commerce and ?'rsa?tad confidential communications. YBRiRY? ABOUT SSL CERTIFICATES February 01, 2012 02:06 PM (Time remaining: 1 hour 0 minute(s)) 02011 DKI Management AR Rights Reserved For Licensed Use Only https:Hschoolbook.evschools.org/eSchoolBooklscbklstudentlreportcarddisplay.cfm?STID=2... 2/1/2012 Cumberland Valley School District - Report Card Page 1 of 1 UIVIBER1 D VALLEY SCHOOL OL a?, Di utsTRtc-r C Home Personal School Academics Good Afternoon, Ms. Huber! ? X Alexandria Matthew Profile Schedule Assignments Attendance Grades Notes Progress Report ReportCard Calendar Report Card for: iv 1st Marking Period 2nd Marking Period Course Subject Instructor Score Grade Score Grade 7040/1/20 Academic Literacy Yoder, Lauren 84 C 80 C 7R(A) (Comments) 1713/1/20 Computer 7R Harrell, Susan 92 B (Comments) 1714/2/20 FCS 17R Hoffman, 77 C Gabrielle (Comments) Low Test/Quiz/Project Grades Displays Consistent Effort 1715/3/20 FCS II 7R Morret, 97 A Jessica (Comments) Pleasure to Have in Class 7032/1/20 Lang Arts 7R(C) Lyon, Joni 82 C 85 C (Comments) More Effort and Home Study Needed Positive Attitude Displays Consistent Effort 1716/4/20 Music 7R Stahl, Craig 96 A (Comments) 7194/1/20 Phys. Ed. 7R (2) Orfanos, Mike 98 A 89 B (Comments) 7004/1/20 Pre-Algebra 7R Roth, Natalie 84 C 89 B (E) (Comments) Positive Attitude Pleasure to Have in Class 7011/1/20 Science 7R(B) Jackson, 89 B 88 B Brian (Comments) Satisfactory Behavior Positive Attitude 7023/1/20 Soc St 7R(D) Uhrich, 87 B 82 C Thomas (Comments) Positive Attitude Not Working to Potential Grade records will be updated once per week. This site chose VeriSign SSL ?n ed for secure e-commerce and eN confidential communications. 6 NIIF Y? y ABOUT SSL CERTIFICATES February 01, 2012 02:14 PM (rime remaining: 1 hour 0 minute(s)) 02011 DK/ Management All Rights Reserved For Licensed Use Only https:Hschoolbook.cvschools.orgleschoolbook/scbk/studentlreportcarddisplay.cfm?STID=1... 2/l/2012 MARIE E. HUBER IN THE COURT OFCOMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4576 CIVIL ACTION LAW : M CJ-:;v CV D. HUBER IN CUSTODY `-`?- DF;FFNDANT mac-, a .`:Cl? ORDER OF COURT --- "? AND NOW, Thursday, February 23, 2012 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Office, 1901 State St., Camp Hill PA 17011 on Friday, March 30, 2012 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 ofa 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. z6 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. &?. COPY 001?&el iay (YalGepc ? vCa By: /s/ Melissa P. Greevys Esq. Custody Conciliator Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 epncl?&1-101- a/z y/Z MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4576 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2012, after hearing on mother's petition for special relief seeking to find father in contempt for failing to send the minor child, Matthew R. Huber, date of birth July 24, 1998, to spend court ordered time with mother, and after our conference with the minor in chambers, we find that father's conduct was not willful and did not rise to the level of contempt. We further find that father encouraged Matthew to visit with his mother, but that Matthew refused for reasons that the Court deems understandable and justifiable. Because the encouragement of father has not been successful to date, we direct that it is in Matthew's best interest for the parties to cooperate fully with Mr. Casey Shienvold in counseling designed to reunify Matthew with mother. The parties shall also use their best efforts to ensure that Matthew cooperates with this process. The parties shall contact Mr. Shi.envold prior to the custody conciliation scheduled for March 30, 2012, so that they may both report to the conciliator of their progress with respect to the aforesaid counseling. The Court refrains from directing the minor daughters of the parties to see a specific counselor or psychologist at this point in time. However, we do find that it is in their best interest to receive counseling. Therefore, we direct the parties to use their best efforts to agree upon a counselor or I psychologist for the girls. To the extent that they are able to do so prior to the conciliation on March 30, they shall apprise the conciliator of their efforts in that respect. If they are unable to agree on a counselor, the conciliator shall make a recommendation to the Court. The Court directs both parties to use their best efforts to ensure that all four children attend school on a regular basis and that they have no unexcused absences. The Court realizes that all children incur illnesses from time to time; however, we are concerned greatly with the amount of absences that all four children have for this current school year. Finally, given the contentious nature of this matter, the parties are advised to enroll, as needed, in private therapeutic counseling to maintain their optimum mental health as parents. Hilary P. Vesell, Esquire For Plaintiff V Guy D. Huber, pro se 212 North 21st Street Camp Hill, PA 17011 Melissa P. Greevy, Esquire prs L7 E;p i e'S ma, By the Court, Albert H. Masla d, J. cv 'nW cn ? ra -<y rv '? - 0 C,.,3 ,M- ?a C-1 - ?Qy'L MARIE E. HUBER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GUY D. HUBER, 7!0 DEFENDANT 08-45N CIVIL TERM ORDER OF COURT AND NOW, this / lyk day of April, 2012, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number / of the Cumberland County Courthouse, on the 96t day of ` ? , 2012, at /:00 o'clock P.M., at which time testimony will a taken. For the purposes of the hearing, the Mother, Marie E. Huber, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness and a proposed parenting plan. These memoranda, lists of exhibits, lists of witnesses and summaries of anticipated testimony of each witness and proposed parenting plan shall be filed at least twenty days prior to the hearing date. Prior to receiving testimony from the parties, the court will speak to the minor children, individually, in chambers. The court will do so with a court report present but outside the presence of counsel and the parties. However, if the parties are unable to agree to their absence and the absence of counsel from the court's interview, no discussions will be held with the children. The parties may advise the children that the judge desires to hear the perspective of the children. Otherwise, the parties and their counsel are directed to do no coaching of the children or pressure them to say anything to the court. 2. Children's activities. The parties shall use Google calendars to communicate with regard to the children's activities and schedules. Mother shall initially set up the calendars, and email Father with information regarding how he can access the calendar. Thereafter, both parties shall be responsible for updates to the calendar reflecting any additions, changes or adjustments in a timely fashion. Father shall arrange transportation for Matthew's participation in rugby events. Commencing in April 2012 and all even-numbered months, Father shall have responsibility for getting Matthew and Alex to their activities and Mother shall have responsibility for getting Sydney and Miranda to their activities. Commencing in May and all odd-numbered months, Father shall have responsibility for getting Sydney and Miranda to their activities and Mother shall have responsibility for getting Matthew and Alex to their activities. The responsibility for getting the children to their activities also extends to being sure that they have all necessary sports equipment, permission forms etc. to facilitate the children's participation in any given activity. 3. The parties have agreed, and the Court orders, that Matthew participate in counseling with Dr. Kasey Shienvold to address the estrangement in the relationship between he and his Mother. Mother, Marie E. Huber, shall participate as directed by Dr. Kasey Shienvold. Mother shall be responsible for scheduling these appointments. Father will be responsible to see to it that Matthew is in attendance at the designated time of each appointment. 4. The girls shall participate in psychological counseling with Dr. Pauline Wallin, provided that she is a participant in the parties' behavioral health insurance plan. In the event that Dr. Wallin does not participate in the parties' behavioral health insurance plan, the girls shall receive psychological care from Dr. Kenneth Small. Mother shall be responsible for arranging the appointments for the girls. With regard to arranging transportation to the appointments, the parties shall use the same arrangement that they have agreed to for the children's sports and activities in paragraph 2 above. 5. Relocation. A. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. B. Both parents are always encouraged to reside close to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. D. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 6. Neither party will transport the children in a motor vehicle unless the party possesses a valid Pennsylvania driver's license and the vehicle is properly insured. Within ten (10) days of the date of the order, Father shall submit to counsel for Mother and the court verification that he possesses a valid Pennsylvania driver's license. BY THE COURT: Albert . Maslan , J. Dist: ? Hilary P. Vesell, Esquire, Kope & Associates, LLC, 395 St. John's Church Road, Suite 101, Camp Hill, PA 17011 ? Guy D. Huber, 212 North 21st Street, Camp Hill, PA 17011 MARIE E. HUBER, Plaintiff V. GUY D. HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4576 CIVIL TERM 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 THE CUSTODY OF Alexandria Huber July 21, 1995 Mother and Father Matthew R. Huber July 24, 1998 Mother and Father Sydney Huber May 18, 2001 Mother and Father Miranda Huber June 13, 2003 Mother and Father 2. Mother filed a Petition for Modification of the Custody Order on February 21, 2012. Mother is seeking primary custody. A Conciliation Conference was held on March 30, 2012. Father, Guy D. Huber, participated pro se. Mother, Marie E. Huber, was represented by Hillary Vesell, Esquire. 3. Mother's position on custody is as follows: Mother's position is that she should have primary physical custody because the children are having serious problems with school attendance. She also reports that the younger children are not being provided with breakfast or lunch during Father's custodial time and that the children are not regularly brought to their extracurricular activities in a timely fashion. She also reports that there is a problem with sporting equipment not being returned, which interferes with the children's participation. In Mother's opinion, the children are suffering from anxiety which manifests itself in stomach aches, various illnesses and poor school attendance. Mother reports that Father does not facilitate telephone contact with the children during her periods of custody and does not have adequate sleep arrangements for the children. Mother further complains that the eight year old is not getting showered on a regular basis and that the two younger children are left at home unsupervised in the morning while Father takes the older children to school. NO. 08-4576 CIVIL TERM 4. Father's position on custody is as follows: Father's position is that the schedule should remain the same. He will not agree to any reduction in his custodial time with the children. 5. The parties had a contempt hearing on March 19, 2012 before the Honorable Albert H. Masland. The parties have reached an agreement with regard to counseling for their son and daughters and some allocation of responsibility of the parents with regard to getting the children and their equipment to their various activities. Because they have not reached an agreement with regard to Mother's Petition to seek primary physical custody of the children, a hearing will be necessary. ?l h Date Melissa Peel Greevy, Esqui Custody Conciliator :489815 MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GUY D. HUBER, vs. : NO. 2008-4576 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT - PARENTING PLAN AND NOW, this day of May, 2011, following the Court's conversations on May 9, 2012 with the minor children, Alexandria, Matthew, Sydney and Miranda, and a subsequent discussion/negotiation session with the parents in open court, the parties were able to reach an agreement regarding the physical and legal custodial responsibilities of their children, and therefore it is ORDERED AND DECREED, in the children's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. Notwithstanding the obligation to consult, pursuant to discussions in open court, Mother shall select the counselor for the parties' daughters and shall promptly notify Father of her choice. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 16 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall, to the extent possible, avoid contact with such individuals of poor character. It sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of their children. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to desperately cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. The parents shall, at all times, consider the children's best interests, and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone." C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite to major events in the children's lives, including but not limited to graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than thirty (30) minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: The Court has reviewed prior court orders dated September 9, 2008, April 24, 2009, November 18, 2009 and December 22, 2009 and incorporates the terms contained therein with the terms agreed upon by the parties on May 9, 2012: a. The parties shall share physical custody of the children, with Mother having primary physical custodial responsibility during the school year. b. During the school year, Father shall have partial physical custodial responsibilities for their children following school each day until 7:30 p.m. when he shall see that they are returned to Mother. These periods of after-school custody are subject to the children's extra-curricular activities, in accordance with the following schedule: i) In May of 2012 and in all odd-numbered months, Father shall have responsibility for transporting Sydney and Miranda to their activities and Mother shall have the responsibility for transporting Alexandria and Matthew to their activities. In June of 2012 and for all even-numbered months during the school year Father will be responsible for Alexandria and Matthew and Mother will be responsible for Sydney and Miranda ii) Pursuant to prior orders of court, the parries shall continue to alternate weekends during the school year from Friday after school until Monday when school begins. C. Summer: The parties shall share physical custody of the children during the summer months as follows: i) The parties shall continue to alternate weekends. ii) Mother shall always have physical custody on Monday and Tuesday overnight. iii) Father shall always have physical custody on Wednesday and Thursday overnight. iv) Each parent shall have two non-consecutive weeks of vacation time period with their children, provided they give the other parent at least 30 days prior notice. Mother shall have first choice of her weeks during even-numbered years and Father shall have first choice of his weeks during odd-numbered years. In 2012, Father will be entitled to a third week of vacation time with the children. v) If Alexandria is required to attend summer school in 2012, she will either transport herself or be transported to Mother's residence by 9:00 p.m. on any evening prior to the required class(es). d. Holidays: The parties will abide by prior Orders of Court with respect to the holiday schedule, which are summarized below: i) Thanksgiving Day: Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father will have physical custody from 3:00 p.m. to 9:00 p.m. ii) Christmas: Mother will have physical custodial responsibilities for their children on Christmas Eve from 9:00 p.m. until Christmas Day at 1:00 p.m. and Father will have physical custodial responsibilities for their children from Christmas Day at 1:00 p.m. to December 26' at 1:00 p.m. Major gifts should be discussed and coordinated between the parents. iii) Memorial Da rand July 4': Mother will have physical custody of their children on Memorial Day from 9:00 a.m. to 9:00 p.m.; and Father will have physical custody for their children on July 4ffi from 9:00 a.m. to 9:00 p.m. e. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their children on Mother's Day weekend and Father will have physical custodial responsibilities for their children on Father's Day weekend. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor children. g. If a parent is unable to keep an appointed exchange time or other appointment for the children, they should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. 6. Transportation: a. Unless otherwise agreed, the parent relinquishing custodial responsibility shall drive the children to the other parent's residence. b. Both parents shall insure that the children use appropriate seat belts or when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, games, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Safe : a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. C. Both parents shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www. darkness2light. com . 11. Illegal Drugs Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. C. The parties shall continue to utilize Google calendars to communicate with regard to the children's activities. Both parties are responsible for updating the calendar to reflect any additions, changes or adjustments in a timely fashion. 13. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. e. Father's pending move to Dauphin County is authorized, with the understanding that the school-year changes in the custodial arrangements (as set forth in paragraph 4) are the result of this move. Upon final consummation of the move, Father shall immediately report his new address to Mother. Should Father thereafter relocate to Cumberland County, in general, or the Cumberland Valley School District, in particular, the parties are encouraged to revisit the school-year schedule. If an agreement cannot be reached, the matter shall be submitted to conciliation. 14. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co- parent their children in accordance with this order. C. The parents shall enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the children. 15. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their children. d. Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order may, prior to returning to conciliation, be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (NDS at 233-8255). e. If a dispute about the practical application of this Order cannot be resolved, the parents may request the appointment of a Parenting Coordinator under separate Order or submit this matter to conciliation. mvt: 16. Conte a. The rules of conduct set forth in this Court Order are binding on both parties as are all other provisions. Therefore, both parents shall carefully read this order in its entirety, paying particular attention to the provisions of paragraph 2, and shall provide a notarized statement to the other parent that they have read it, within 30 days of the date of this Order. The parents shall include in that statement an affirmation that they read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www darkness21i hg t, com pursuant to paragraph 10. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY T COURT: 0 Albert H. Masland, Judge Distribution: ? Attorney for Plaintiff: Hilary P. Vesell, Esquire, 395 St. John's Church Road, Suite 101, Camp Hill, PA 17011 1/Defendant: Guy D. Huber, 212 North 21" Street, Camp Hill, PA 17011 Melissa Peel Greevy, Esquire r ,. 9 Custody Conciliator ' ; ( n r 1 c` •• r4 f.n w. N' MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-4576 CIVIL ACTION -LAW GUY D. HUBER, Defendant : IN CUSTODY ORDER OF COURT - PARENTING PLAN AND NOW, this Zeday of May, 2012,1 following the Court's conversations on May 9, 2012 with the minor children, Alexandria, Matthew, Sydney and Miranda, and a subsequent discussion/negotiation session with the parents in open court, the parties were able to reach an agreement regarding the physical and legal custodial responsibilities of their children, and therefore it is ORDERED AND DECREED, in the children's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. Notwithstanding the obligation to consult, pursuant to discussions in open court, Mother shall select the counselor for the parties' daughters and shall promptly notify Father of her choice. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, ' The court reissues this order solely to correct the date of the order filed on May 10 2012, which mistakenly carried the date of May 10, 201 1. dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 16 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall, to the extent possible, avoid contact with such individuals of poor character. It sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of their children. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to desperately cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. The parents shall, at all times, consider the children's best interests, and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone." C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite to major events in the children's lives, including but not limited to graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than thirty (30) minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: The Court has reviewed prior court orders dated September 9, 2008, April 24, 2009, November 18, 2009 and December 22, 2009 and incorporates the terms contained therein with the terms agreed upon by the parties on May 9, 2012: a. The parties shall share physical custody of the children, with Mother having primary physical custodial responsibility during the school year. b. During the school year, Father shall have partial physical custodial responsibilities for their children following school each day until 7:30 p.m. when he shall see that they are returned to Mother. These periods of after-school custody are subject to the children's extra-curricular activities, in accordance with the following schedule: i) In May of 2012 and in all odd-numbered months, Father shall have responsibility for transporting Sydney and Miranda to their activities and Mother shall have the responsibility for transporting Alexandria and Matthew to their activities. In June of 2012 and for all even-numbered months during the school year Father will be responsible for Alexandria and Matthew and Mother will be responsible for Sydney and Miranda ii) Pursuant to prior orders of court, the parties shall continue to alternate weekends during the school year from Friday after school until Monday when school begins. C. Summer: The parties shall share physical custody of the children during the summer months as follows: i) The parties shall continue to alternate weekends. ii) Mother shall always have physical custody on Monday and Tuesday overnight. iii) Father shall always have physical custody on Wednesday and Thursday overnight. iv) Each parent shall have two non-consecutive weeks of vacation time period with their children, provided they give the other parent at least 30 days prior notice. Mother shall have first choice of her weeks during even-numbered years and Father shall have first choice of his weeks during odd-numbered years. In 2012, Father will be entitled to a third week of vacation time with the children. v) If Alexandria is required to attend summer school in 2012, she will either transport herself or be transported to Mother's residence by 9:00 p.m. on any evening prior to the required class(es). d. Holidays: The parties will abide by prior Orders of Court with respect to the holiday schedule, which are summarized below: i) Thanksgiving Day: Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father will have physical custody from 3:00 p.m. to 9:00 p.m. ii) Christmas: Mother will have physical custodial responsibilities for their children on Christmas Eve from 9:00 p.m. until Christmas Day at 1:00 p.m. and Father will have physical custodial responsibilities for their children from Christmas Day at 1:00 p.m. to December 26' at 1:00 p.m. Major gifts should be discussed and coordinated between the parents. iii) Memorial Day and July 4: Mother will have physical custody of their children on Memorial Day from 9:00 a.m. to 9:00 p.m.; and Father will have physical custody for their children on July e from 9:00 a.m. to 9:00 p.m. e. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their children on Mother's Day weekend and Father will have physical custodial responsibilities for their children on Father's Day weekend. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor children. g. If a parent is unable to keep an appointed exchange time or other appointment for the children, they should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. 6. Transportation: a. Unless otherwise agreed, the parent relinquishing custodial responsibility shall drive the children to the other parent's residence. 7. b. Both parents shall insure that the children use appropriate seat belts or when being transported in vehicles by that parent or others. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, games, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Safe : a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. C. Both parents shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www. darkness2light. com . 11. Illegal Drugs. Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. C. The parties shall continue to utilize Google calendars to communicate with regard to the children's activities. Both parties are responsible for updating the calendar to reflect any additions, changes or adjustments in a timely fashion. 13. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. e. Father's pending move to Dauphin County is authorized, with the understanding that the school-year changes in the custodial arrangements (as set forth in paragraph 4) are the result of this move. Upon final consummation of the move, Father shall immediately report his new address to Mother. Should Father thereafter relocate to Cumberland County, in general, or the Cumberland Valley School District, in particular, the parties are encouraged to revisit the school-year schedule. If an agreement cannot be reached, the matter shall be submitted to conciliation. 14. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co- parent their children in accordance with this order. C. The parents shall enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the children. 15. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their children. d. Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order may, prior to returning to conciliation, be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (NDS at 233-8255). e. If a dispute about the practical application of this Order cannot be resolved, the parents may request the appointment of a Parenting Coordinator under separate Order or submit this matter to conciliation. 16. Contempt: a. The rules of conduct set forth in this Court Order are binding on both parties as are all other provisions. Therefore, both parents shall carefully read this order in its entirety, paying particular attention to the provisions of paragraph 2, and shall provide a notarized statement to the other parent that they have read it, within 30 days of the date of this Order. The parents shall include in that statement an affirmation that they read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www. darkness2light. com pursuant to paragraph 10. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: . Masland, Ju ge Albert istribution: D ?Attorney for Plaintiff. Hilary P. Vesell, Esquire, 395 St. John's Church Road, Suite 101, Camp Hill, PA 17011 Defendant: Guy D. Huber, 212 North 2? Street, Camp Hill, PA 17011 /Melissa Peel Greevy, Esquire Custody Conciliator - T; rn s?• T-1 ?? --: Zn- - <° Y c-n so• -; w KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com MARIE E. HUBER, Plaintiff, V. GUY D. HUBER, Defendant. t'vr.P y 1 THE PROTHON0,?1At , 2012 JUG 18 PM 31 I OU t414S LVAN A P Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI, NO. 08-4576 : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COMES Hilary Vesell, Esquire, of Kope & Associates, LLC, and file the following Petition for Leave to Withdraw as Counsel and in support thereof avers follows: 1. Petitioner is Hilary Vesell, Esquire, of Kope & Associates, LLC, who is prese counsel of record for Plaintiff, Marie Huber, in the above-captioned matter. 2. Respondent is Marie Huber, Plaintiff in the above-captioned matter, with address of 1200 Kings Circle, Mechanicsburg, PA 17050. 3. Petitioner has represented Respondent, Marie Huber, pursuant to the ab4 docketed civil action since on or about January 24, 2012. 4 :ly n Petitioner represented Respondent in a contempt action regarding the previous custody order and a modification of custody action. 5. Both actions were heard before this Honorable Court. Contempt was not foun . However, an Order of Court - Parenting Plan was entered by the Court on May 1 , 2012. 6. Plaintiff now wishes to proceed pro se with any contempt issues that she have regarding the Court Order entered May 14, 2012. 7. Petitioner avers that Respondent will not be prejudiced by Petitioner's withdraw 1 as there is currently nothing pending in the case. 8. Defendant has through these proceedings represented himself pro-se. Howev r, Petitioner has asked the Defendant that all contact between them be in writing after a phone message that the Petitioner considered threatening. Therefore, the Petitioner has not attempted to reach the Defendant regarding whether he concurs with t Ns motion. 9. Petitioner's withdrawal as counsel for Respondent will have no material adve effect on Respondents' interests pursuant to Pennsylvania Rule of Professio Conduct 1.16. 10. Petitioner respectfully requests that she be allowed to withdraw as counsel for Respondent in this matter. 11. All previous matters in the above-referenced case have been heard by J Masland. WHEREFORE, Petitioner respectfully requests that this Honorable Court Hilary Vesell, Esquire, of Kope & Associates, LLC, to withdraw as counsel Respondent, Marie Huber. Respectfully submitted, Date: Hilary Vesel squire KOPE & AS CIATES, LLC Supreme Court ID #308358 it CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire, hereby certify that on July 17, 2012, 1 served copy of the within Petition for Leave to Withdraw as Counsel via regular U.S. First Cla, mail, postage prepaid, addressed as follows: Guy D. Huber 212 North 21St Street Camp Hill, PA 17011 Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Hilary Ves I, Esquire ' 395 St. Jo ns Church Road Suite 101 Camp Hill, PA 17011 (717) 751-7573 a MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4587 CIVIL TERM ORDER OF COURT AND NOW, this 2 y day of July, 2012, upon consideration of the Petition for Leave to Withdraw as Counsel, a Rule is issued on Plaintiff and Defendant to show cause why the within relief should not be granted. Rule returnable twenty (20) days from service. By the Court, Albert H. Masland, J. Hilary P. Vesell, Esquire Kope & Associates, LLC 395 St. John's Church Road, Suite 101 Camp Hill, PA 17011 Guy D. Huber 212 North 21St Street Camp Hill, PA 17011 :saa/roo,;e C. R"e, ?L KOPE Sti ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesel I(d,~kopelaw. corn ~~Z AUG 20 A~ ~~ 2~ ~UMB~i~~.At~U Cu~~m ~'~ ;~~ttt~SYLV~tsi ~`. Attorney for Plaintiff MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI v. NO. 08-4576 GUY D. HUBER, Defendant. IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Hilary Vesell, Esquire, of Kope & Associates, LLC, and the following Motion to Make Rule Absolute in support thereof avers as follows: 1. Petitioner is Hilary Vesell, Esquire, of Kope 8~ Associates, LLC, who is presen counsel of record for Plaintiff, Marie Huber, in the above-captioned matter. 2. Respondent is Marie Huber, Plaintiff in the above-captioned matter, with ; address of 1200 Kings Circle, Mechanicsburg, PA 17050. 3. On July 18, 2012, Petitioner filed a Petition for Leave to Withdraw as counsel the above-captioned matter, which was served via U.S. Mail, Postage Pre-paid, fi class, upon Guy Huber. 4. The Honorable Albert H. Masland, issued a Rule to Show Cause regarding Motion on July 24, 2012, returnable twenty (20) days from the date of the Order. 5. A copy of the Motion and Rule was served via U.S. Mail upon Guy Huber. 6. The motion was returned as return to sender not deliverable as addressed. in 7. Mr. Huber has not updated the docket with his current address. 8. However, Mr. Huber's address is now believed to be 4401 Fritchey Harrisburg, PA. 9. Although the allotted time frame within which Respondent, Jason Bennett, respond has now elapsed. WHEREFORE, Petitioner Hilary Vesell, respectfully requests his Court make the Rule Absolu#e and thereby grant Petitioner Leave to Withdraw Counsel in the above-captioned matter. Respectfully submitted, Kope & Associates By: Hilary Vesell, uire Counsel for PI i tiff 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion Make Rule Absolure has been mailed by U.S. Mail to counsel of record via first mail, postage pre-paid, this ~~ay of August, 2012. Guy Huber 4401 Fritchey Street Harrisburg, PA 17109 KOPE 8~ ASSOCIATES By: Hilary Vesell, uire Counsel for intiff ~~- ~s~d ~'~~~ ~~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion ~~to Make Rule Absolute has been mailed by U.S. Mail to counsel of record via first cla~s mail, postage pre-paid, thisd ~ lay of August, 2012. Marie E. Huber 1200 Kings Circle Mechanicsburg, PA 17050 KOPE & ASSOCIATES By: Hilary Vesel , squire Counsel for aintiff c ,~ 3 ~.' c~'~ .~ ~." ~ r~ a ~~ 3 X ~ --C ~;- - --t i*i -~' ~= ~,:.y a ~° ~-, -r, t _~:_ MARIE E. HUGER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-4576 • GUY D. HUBER ~ ~ N °- {. ~' ~' , Defendant. IN CUSTODY ~~ ~ ~ z~ "~ -vrn ~ ~ ~ JUDGE OF SAID COURT: TO THE HONORABLE ALBERT H. MASLAND ~ ~ , ~° y, ~~ EMERGENCY PETITI ON FOR SPECIAL RELIEF v Plaintiff, Marie E. Huber, respectfully requests the following: ~' ~ ~- -- 1. Petitioner is Marie E. Huber, an adult individual and the natural Mother, who currently resides at 1200 Kings Circle, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Guy D. Huber, an adult individual and the natural Father, who has a last known address of 4401 Fritchey Street, Harrisburg, Dauphin County, PA 17109. 3. The chi{dren are: Alexandria bom on July 21, 1995, Matthew R. Huber bom July 24, 1998, Sydney H. Huber bom May 18, 2001, and Miranda R. Huber bom June 13, 2003. Mother was granted physical custody of the children during the school year in the custody order dated May 10, 2012. A shared custody schedule with Father continues during the summer months. 4. Due to continued custody difficu~ies and lack of compliance from Father in fo{lowing the custody order(s) Mother filed a petition for contempt on October 2, 2012. As part of the contempt petition, Mother respectfully requested the Court to require Father to submit to psychological and drug testing prior to the contempt hearing so results could be reviewed by the Court and taken into consideration during the hearing. 5. Parent's met for a conciliation conference with Jacqueline Vemey, Esq. on November 7"' 2012. Petitioner was instructed that an Emergency Petition for Special Relief was required to process the request noted in #4 above. 6. Just cation for Petitioner's request is: Because of Mr Huber's continued aggressive and unreasonable behavior which has escalated unchecked over the past 4+ years without resolution regardless of intervention from counselor's, parent coordinators, facilitators, mediators, lawyers andlor court orders, Petitioner respectfully requests the Court to require Mr Huber to submit to psychological and drug testing prior to scheduling a contempt hearing so actual progress can finally be made to ensuring the children are able to thrive in a No-Conflict Zone where their best interests are primary. • Mr Huber regularly exhibits all of the h~hlighted symptoms that suggest or are associated with mental disorders shown below. (It is possible 100% of ~~ $3 ~~~P ~ P/~f' CAS h the symptoms could exist however Petitioner has not directly witnessed those that are not highlighted.) Symptoms of mental disorders vary depending on the type and severity of the condition. Some general symptoms that may suggest a mental illness include: • Confused thinking • Long-lae~HHng sac#re~es cu uribelbifity • Extremely high and kriv moods • Ext~assve fear, wont, ~ ~~Y • Soda! withdrawal • Dramatic. ctlar~as in eating or sleeping habits • Stt+ong feelir of ahger • Delusions or hallucinations (seeing or hearing things that are not really there) • Incx+easing inab~ily to cope witlt daiity problems and ~ctlvities • Thoughts of suicide • Denial of obvious problems • Many unexplained physical problems • Abuse of drugs and/or alcohol • In addition, Mr Huber consistently exhibits all the following characteristics of drug abuse • Dishonesty • Endless financial problems • Lack of interest in finding employment ~ improving his situation • Erratic behaviors • Drastic Mood Swings • Significant weight loss without exercise • Extreme Hostility 8 Aggressive Behavior • Ranting Emails/texts at all hours of the morning showing lack of regular sleeping habits • No lasting relationships • Extreme Paranoia • Lack of focus (inability to answer simple questions) • Mr Huber has had a history of using illegal drugs in his past. These problems led to counseling and the recommendation that he attend Narcotics Anonymous to gain additional help with these issues. 7. WHEREFORE, the Petitioner respectfully requests this Honorable Court to require Mr Huber to submit to psychiatric and drug testing at a court appointed facility/provider so results are available at the to be scheduled contempt hearing. Respectfully submitted, ~ F~~ Marie E. Huber Dated: I (~/a/dD/a VERIFICATION I, Marie E. Huber, the Plaintiff in this matter, have read the foregoing Emergency Petition for Special Relief. I verify that my averments in this Emergency Petition for Special Relif are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: /I /AZ l-~ ;%~~~~ ~~ Marie E. Huber MARIE E. HUBER, Plaintiff v. GUY D. HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-4576 CIVIL ACTION -LAW IN CUSTODY ~~ORDER O/F~C'OURT AND NOW, this ~~~ "day of / !/~/!~°~~7 ~~_, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. ~ , of the Cumberland County Court House, on the I /~ day of L , 2013 , at - 3 U o'clock, (~.. M., at which time testimony w' 1 be taken. G~ or purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party) shall file with the Court and opposing counsel (or party) 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. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Order of Court-Parenting Plan dated May 14, 2012 shall remain in full force and effect. 3. 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, J. c. cc: Marie E. Huber, pro se, ~ ~ "~ 1200 Kings Circle -tip ~ ~.; Mechanicsburg, PA 17050 ~~ ~ s w /Guy D. Huber, pro se tom„ ~ ~ ~.::~ 4401 Fritchey Street ~~ ~ ~ ~ ~, - ca Harrisburg, PA 17109 '~~ ~ :~ ~~; {--~-~~ -?. = ~ c ~ ~..; w ~~, .~- ~-~ ~: ~~ MARIE E. HUBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2008-4576 CIVIL ACTION -LAW GUY D. HUBER, , Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria M. Huber July 21, 1995 Mother Matthew R. Huber July 24, 1998 Father Sydney H. Huber May 18, 2001 Mother Miranda R. Huber June 13, 2003 Mother 2. A Conciliation Conference was held November 7, 2012 with the following individuals in attendance: The Mother, Marie E. Huber, pro se, and the Father, Guy D. Huber, pro se. 3. The Honorable Albert H. Masland previously entered an Order of Court- Parenting Plan dated May 14, 2012 providing for shared legal custody, Mother having primary physical custody during the school year with Father having alternating weekends and every day after school. In the summer the parties alternate custody on a 2/2/3 schedule. 4. Mother has filed for Contempt and Modification. The issues to be determined at the hearing are: A. Whether Father is in contempt of the Court Order. B. Whether the physical custody schedule during the school year should be modified. 5. Mother's position on custody is as follows: Mother maintains that Father has failed to send Matthew for his court ordered physical custody periods with her and other violations of the Court Order as outlined in her pleading, including Father's alleged failure to transport the children to their extracurricular activities. In addition Mother seeks a schedule during the school year providing for her to have primary physical custody with Father having alternating weekends, thus eliminating Father's periods of custody after school every day. She complains that sometimes he does not exercise his time after school but fails to notify her accordingly, thus leaving the younger children at home after school without an adult to supervise. She further maintains that since Matthew has been living with Father exclusively, his school attendance has been sporadic resulting in poor performance in school. Mother does admit that Alexandria has not been seeing her Father and that Mother enrolled her in private school without consulting with Father. Mother also requests Father have a psychological evaluation and a drug test before the next hearing. Both parties admit to some confusion over the provision in the Order of Court regarding transportation for extracurricular activities. They have also amended the weekend schedule for Father to be from Friday to Sunday instead of Monday as indicated in the Court Order. E>. Father's position on custody is as follows: Father requests the physical custody schedule during the school year be a 2/2/3 alternating schedule. Father maintains that Matthew does not want to exercise his periods of custody with his Mother. Father denies the other alleged violations of the Court Order in Mother's petition. Father complains that Mother does not send Alexandria for Father's periods of custody. Both parties agree that Matthew should continue with his counseling. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. ,~• ° i ~ - r ~t - ~ Z- ~:_-~--~ ~~ . ~ ~~'_ ~.r_. Date acqu ne M. Verney, Esquire `~ Custody Conciliator MARIE E. HUBER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. GUY D. HUBER, ~8-y~~!° DEFENDANT CIVIL TERM ORDER OF COURT AND NOW, this ~~~ day of November, 2012, upon consideration of Plaintiff s Emergency Petition for Special Relief, "to require [Defendant] to submit to psychiatric and drug testing at a court appointed facility/provider so results are available at the to be scheduled contempt hearing[,]" the Motion is DENIED because it presents insufficient corroborated facts to constitute an emergency that would warrant special relief prior to the hearing scheduled for January 11, 2013. Although we take no action at this time based on Plaintiff's opinions alone, the parties may present evidence on this issue at the aforesaid hearing. Bye Court, Albert H. Masland, J. / Pro se Marie E. Huber ~ c ~ e~ , 1200 Kings Circle r~W ~ ~ -~; Mechanicsburg, PA 17050 ~~' ~~ ° ~ rn___ ~~ ~ ~ ~1 Guy D. Huber, Pro se .cam z. 4401 Fritchey Street ~~ ~ ~'!~ ' Harrisburg, PA 17109 y.~ ~;~ ~;~ -, :sal ~ ;C'-S /' Aaa ~ /~ r%9/i ~ ~ °' -~~