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Home My WebLink About09-0120a SCOTT ALLEN HERSHBERGER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW CUSTODY/VISITATION CRYSTAL LYNN HERSHBERGER, Defendant : NO. 09- ~~d CIVIL TERM 1. The Plaintiff is Scott Allen Hershberger, Jr., hereinafter referred to as the father, residing at 6606 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. COMPLAINT FOR CUSTODY 2. The Defendant is Crystal Lynn Hershberger, hereinafter referred to as the mother, residing at 11 Manor Street, Enola., Pennsylvania 17025. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE Jacob Tyler Hershberger 11 Manor Street, Enola, PA 17025 09/10/08 4 mos. 4. The child was not born out of wedlock. 5. The child is presently in the custody of Crystal Lynn Hershberger. 6. During his life, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Scott Hershberger 6606 Carlisle Pike, Mechanicsburg, PA Crystal Hershberger Ruth Bretzman (father's mother) Mike Bretzman (father's step father) Crystal Hershberger 11 Manor Street, Enola, PA 17025 Nancy Clark (friend) Charles Clark Birth to 1/7/09 01 /07/09 to Present 7. The mother of the child is Crystal Lynn Hershberger, currently residing at 11 Manor Street, Enola, Pennsylvania 17025. She is married. 8. The father of the child is Scott Allen Hershberger, currently residing at 6606 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. He is married. 9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Ruth Bretrman and Mike Bretrman. 10. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Jacob Hershberger, Nancy Clark and Charles Clark. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and C. The Defendant left with the child, in the middle of an ice storm, without telling Plaintiff where she was going with child. D. The Defendant does not have adequate clothing, formula and/or supplies to care for the child. E. The Defendant does not have an appropriate place for the child to sleep. F. The Defendant gave Physical Custody of her older child to the father's parents and only sees the child under supervised visitation, according to an Order of Court, 07-4218, Civil Term, signed by Judge Ebert. G. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff subject to structured partial custody by the Defendant pending the hearing. Ily submitted, 1 By: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein aze made subject to the penalties of 28 Pa. Cons. Stat. s. 4904 relating to un-sworn falsification to authorities. ~, Scott A. Hershberger, Jr. Plaintiff t ~ . ` ~ t ~ ~ ' 1 .•~ ~ ~ ~ ~ ~' a --~1 t~- ~ n '~= ~.~ ~ ~ ~~. ~~~ `' ;-~ ~~ :.~. SCOTT ALLEN HERSHBERGER, ]R., Plaintiff/Petitioner v. CRYSTAL LYNN HERSHBERGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09- /gyp Civil Action EMERGENCY PETITION FOR RELIEF 1. Petitioner is Scott Allen Hershberger, Jr., Plaintiff in the. above captioned matter. 2. Respondent is Crystal Lynn Hershberger, Defendant in the above captioned matter. 3. The parties were married on or about November 13, 2007, and were separated on or about January 7, 2009. 4. There is one minor child of the marriage, Jacob Tyler Hershberger, age 4 months, date of birth September 10, 2008. 5. Petitioner intends to file a Complaint for Custody simultaneously with the filing of this petition, and incorporates by reference the averments in the complaint. 6. On January 6, 2009, the Respondent informed the Petitioner that she was leaving with the child. She left the home in the middle of an ice storm without the child having proper clothing. Additionally, she did not indicate where she was taking the child nor did she give any reason for this erratic behavior. 7. On that day, Respondent took very little personal belongings for her or the minor child. It is believed that she took a couple diapers, two (2) outfits for the baby, a bottle and a half a can of formula for the baby. VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 0 DATE: l ~ f G y Scott A. Hershberger, Petitioner ~~ GREGORY J. SHEAFFER & IN THE COURT OF COMMON PLEAS OF SONYA L. SHEAFFER CUMBERLAND COUNTY, PENNSYLVANIA Plaiatigs v. . No. 07 -~ CIVIL TERM CRYSTAL L. WILLS & CHARLES M. CUSTER, JR. Defendinb IN CUSTODY ORDER OF COURT ~1 AND NOW, this ~-3 day of ~~~_, 2007 consideration of the within Complaint and the Stipulation and Agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: 1. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Grandparents, Gregory J. Sheaffer and Sonya L. Sheaffer, will have sole legal custody of Child as defined in 23 Pa. C.S.A. 85,~Q2. A11 decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Grandparents shall make. (b) Grandparents shall have sole legal and primary physical custody of the Child. (c) Mother and Father, Crystal L. Wills and Charles M. Custer, Jr., shall have periods of visitation as agreed upon by the parties. 2. Each party shall have reasonable telephone and a-mail access to the Child. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child are protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. PLAINTIFF'S EXHIBIT ~rA~~ ~~ 4. Each party shall not make any disparaging remarks or allow others to make aay disparaging remarks concerning the Child's parents in front of the Child. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. ~~ ~ ~. Distribution: ~hael O. Palermo, Jr., Esquire tal L. Wills & Charles M. Custer, Jr. p ~,2,3-4 ~G 'U~ Y+i~ G~ ti~l ~1i`1L ~~,~ ,-. ,~ ~ is 3w. ~o ~'~ ~~~-;i31t~ ~ ~ ~ c ~ ~, 8 ~ ~ .m t..• ~ ' ~,~, J W .+~ SCOTT ALLEN HERSHBERGER, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-120 CIVIL TERM • CRYSTAL LYNN HERSHBERGER, Defendant : CUSTODY SCOTT ALLEN HERSHBERGER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2013-6895 CIVIL TERM • CRYSTAL LYNN HERSHBERGER, Defendant : CUSTODY CRYSTAL LYNN HERSHBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2013-7017 • irk • i SCOTT ALLEN HERSHBERGER, JR., • v��= Defendant : CUSTODY <.. MOTION FOR CONSOLIDATION 1. The above-captioned matters are all cases pertaining to the custody of the minor children, Jacob Tyler Hershberger, born September 10, 2008 and Sarah Marie Hershberger, born September 5, 2010. 2. By agreement at a conciliation conference on January 7, 2014, the parties are requesting that the court consolidate all three matters to Docket Number 2009-120. 3. Copies of this Motion and any subsequent Order will be provided to Attorney Paul On, who represented Scott Hershberger, Attorney Jessica Holst, who represented Crystal Hershberger and Attorney Dawn Sunday who is the conciliator assigned to this case. WHEREFORE, it is requested that the Court grant this request and consolidate all three actions to the action docketed to Docket Number 2009-120. Respectfully submitted, Jessic Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 SCOTT ALLEN HERSHBERGER, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-120 CIVIL TERM CRYSTAL LYNN HERSHBERGER, Defendant : CUSTODY SCOTT ALLEN HERSHBERGER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • NO. 2013-6895 CIVIL TERM • CRYSTAL LYNN HERSHBERGER, Defendant : CUSTODY CRYSTAL LYNN HERSHBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2013-7017 • SCOTT ALLEN HERSHBERGER, JR., Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Ho1st, do hereby swear that I served the following person with a Complaint For Custody by USPS First Class Mail, to the person and addresses below: Paul B. Orr, Esquire Dawn Sunday, Esquire 50 East High Street 38 West Main Street Carlisle, PA 17013 Mechanicsburg, PA 17055 I, Jessica Ho1st, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ' \ ` Signature: i SCOTT ALLEN HERSHBERGER, JR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-120 CIVIL TERM CRYSTAL LYNN HERSHBERGER, Defendant CUSTODY SCOTT ALLEN HERSHBERGER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2013-6895 CIVIL TERM CRYSTAL LYNN HERSHBERGER, Defendant CUSTODY CRYSTAL LYNN HERSHBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANLA VS. NO. 2013-7017 W SCOTT ALLEN HERSHBERGER, JR., Defendant CUSTODY : IN-) ORDER OF COURT AND NOW, this/eday of January 2014, upon consideration of the attached Motion, it is hereby ORDERED and DECREED that the three matters in the above-referenced captions are consolidated at Docket Number 2009-120 and all further filings in these matters shall be captioned to that Docket Number. By the Court, Albert H. Masland, dge tribution: J sica C. D. Holst, Esquire, 401 East Louther Street, Ste 103, Carlisle, PA 17013 ul B. Orr, Esquire, 50 East High Street, Carlisle, PA 17013 >_�ISawn S. Sunday, Esquire, 39 West Main Street, Mechanicsburg, PA 17055 SCOTT ALLEN HERSHBERGER,JR, : IN COURT OF COMMON PENNSYLVANIA Plaintiff : NO. 2009-120 CIVIL ACTION—LAW CRYSTAL LYNN HERSHBERGER, • Defendant : IN CUSTODY WITHDRAWAL/ENTRY OF APPEARANCE Please withdraw my appearance for Plaintiff, Scott Allen Hershberger in the above- captioned Matter ca • t ro Date: Bradford Orr, Esquire 50.< 50 East High Street .. Irev Carlisle, PA 17013 (717)258-8558 ID# 71786 Please enter my appearance for Plaintiff, Scott Allen Hershberger in the above-captioned matter. Respectfully Submitted, DEYO &KULLING /-22- - / Y Date: Robert A. Kul in Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 ID# 308874 Distribution: Dawn S. Sunday, Esquire Jessica C. D. Hoist, Esquire Paul B. Orr, Esquire f. SCOTT ALLEN HERSHBERGER JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-120 CIVIL ACTION LAW CRYSTAL LYNN HERSHBERGER Defendant IN CUSTODY X ORDER OF COURT AND NOW, this day of e 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 6, 2013, regarding custody of Sarah shall continue in effect as modified by this Order. The prior Order of this Court dated November 23, 2009, regarding custody of Jacob shall continue in effect without modification, except as otherwise agreed between the parties. 2. The Mother shall enroll in a course of parenting classes with a provider selected by the Mother by February 28, 2014. The Mother shall promptly confirm the enrollment with the Father through counsel, and shall complete the parenting classes in a timely manner. 3. The Father shall make arrangements to obtain a .home study, conducted by an appropriate agency, regarding the Mother's new residence into which she is planning to move on March 1, 2014. The Father shall advise the Mother of the date and time of the home study through counsel in advance. The Father shall also share the results of the home study promptly with the Mother through counsel. 4. Upon completion of the home study and parenting classes as provided in this Order, counsel for either party may contact the conciliator to schedule a follow-up custody conciliation conference to establish ongoing custodial arrangements for Sarah if the parties are unable to do so by agreement. 5. This Order contemplates that the Mother will have completed her move to the new residence in Mechanicsburg by March 5, 2014. In the event the Mother does not move into her new residence by that date, the Father's counsel may contact the conciliator to request the scheduling of a hearing or an additional custody conciliation conference at that time. 6. The parties agree that they shall take all necessary steps to obtain medical insurance for Sarah as soon as possible. 7. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. This provision is not intended to apply to the anticipated relocation of the Mother to her new residence in Mechanicsburg by March 5, 2014. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. cc: obert A. Kulling Esquire—Counsel for Father ✓Pamela Fleck Esquire —Counsel for Mother a/V SCOTT ALLEN HERSHBERGER JR. IN 'THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-120 CIVIL ACTION LAW CRYSTAL LYNN HERSHBERGER Defendant IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Jacob Hershberger 2008 Father Sarah Hershberger 2010 Father/Mother 2. The initial custody conciliation conference was held in this matter on January 7, 2014, with the following individuals in attendance: the Father, Scott Hershberger Jr., with his counsel, Paul Orr Esquire, and the Mother, Crystal Hershberger, with her counsel, Jessica Holst Esquire. The subjects of this initial conference were the Father's Complaint for Custody regarding Sarah only (the 2009 action only pertains to the parties' older Child, Jacob), and the Mother's Complaint with regard to Sarah. Both parties sought primary physical custody of the Child. The Father had also filed a Petition for Special Relief on which this Court entered an Order dated December 6, 2013 after hearing under which the parties had shared physical custody of Sarah on alternating weeks pending further Order of Court. 3. As each party filed their Custody Complaints to separate Docket Numbers and there was a preexisting Docket Number from the 2009 Custody action involving Jacob, it was determined at the conference that counsel would take the necessary steps to consolidate all of the outstanding custody filings under the initial 2009 Docket Number. The Court consolidated the actions under Docket Number 2009-120 by Order dated January 14, 2014. 4. Finally, at the initial conference on January 7, 2014, it was determined that the Father's counsel had previously represented the Mother in a custody action. Due to the potential conflict of interest, the Father agreed to obtain new counsel and the custody conciliation conference would be reconvened at that time. 5. The reconvened custody conciliation conference tools place on February 18, 2014, with the following individuals in attendance: the Father, Scott Hershberger Jr., with his counsel, Robert A. Kulling Esquire, and the Mother, Crystal Hershberger, with her counsel, Pamela Fleck Esquire. 6. At the February 18, 2014 conference, the parties agreed to entry of an Order in the form as attached. Date ��— Dawn S. Sunday, Esquire Custody Conciliator SCOTT ALLEN HERSHBERGER vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009 -120 CIVIL ACTION LAW CRYSTAL LYNN HERSHBERGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4,2 �t day of /n4.- ri 4 , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 25, 2014 shall continue in effect as modified by this Order. 2. The Mother's periods of physical custody set forth in the prior Order shall be contingent upon the Mother's move out of her parents' residence to her boyfriend's residence on or before Sunday, March 23, 2014. The Mother's periods of custody shall be exercised at her boyfriend's home rather than at her parents' home. This schedule shall continue for a limited period of 90 days from the date of this Order to enable the Mother to have additional time to obtain another residence as previously contemplated in the prior Order of this Court. In the event the Mother is unable to obtain a new residence within that time period, it is anticipated that the Mother's counsel will file a petition for an additional custody conciliation conference to address the situation at that time. In the event a conciliation conference has been requested but cannot be scheduled prior to expiration of the 90 day period, the temporary schedule shall continue uninterrupted through the date of the conciliation conference. BY THE COURT, Albert H. Masland cc: �obert A. Kulling Esquire — Counsel for Father ./ Paul Edger Esquire — Counsel for Mother eO DES' 1e2.t SCOTT ALLEN HERSHBERGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009 -120 CIVIL ACTION LAW CRYSTAL LYNN HERSHBERGER Defendant IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME Jacob Hershberger Sarah Hershberger BIRTH YEAR CURRENTLY IN CUSTODY OF 2008 2010 Father Father /Mother 2. This custody conciliation conference was scheduled at the request of the Father pursuant to paragraph 5 of the prior Order of this Court dated February 25, 2014 which provided for an additional conference in the event the Mother did not move to a new residence by March 5 as contemplated by that Order. The additional conference was held on March 18, 2014, with the following individuals in attendance: the Father, Scott Allen Hershberger, with his counsel, Robert A. Kulling Esquire, and the Mother, Crystal Lynn Hershberger, with her counsel, Paul D. Edger Esquire. Date 3. The parties agreed to entry of an Order in the form as attached. f k 1 c , L L _ ( ) • Dawn S. Sunday, Esquire Custody Conciliator MIDPENN LEGAL SERVICES By: Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant F R I O OFF lei.. GF THE PROTHONOTARY 211111 JUL 21+ ill 6 CUMBERLAND COUNTY PENNSYLVANIA IF SCOTT ALLEN HERSHBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-120 CIVIL TERM - LAW CRYSTAL LYNN HERSHBERGER : Defendant : IN CUSTODY Prior Judge: Hon. Albert H. Masland PETITION FOR MODIFICATION AND NOW comes the Defendant, Crystal Lynn Hershberger, by and through her attorney Paul D. Edger, Esquire of MidPenn Legal Services, and avers the following in support of her Petition for Modification: 1. The Plaintiff is Scott Allen Hershberger (hereinafter "Father"), an adult individual with a record address of 6606 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant/Petitioner is Crystal Lynn Hershberger (hereinafter "Mother"), an adult individual with a record address of 155 Salem Church Road, Lot 26, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the natural parents of minor children, Sarah Hershberger, whose date of birth is September 15, 2010, and Jacob Hershberger, whose date of birth is September 10, 2008 (hereinafter the "Children"). 4. The parties attended a custody conciliation before Dawn Sunday, Esquire on March 18, 2014, at which time an agreement was reached that if Mother was unable to move in with her paramour, Father would assume primary custody of the Children, and Mother would have physical custody on alternating weekends. 5. Mother has purchased a home located at 317 Hogestown Road, Mechanicsburg, Pennsylvania on or around July 14, 2014. 6. Mother's new residence is located within the same school district and elementary school which Father's residence sits. 7. School busing is available at both Mother and Father's residence, and would be available for the Children for the upcoming school year. 8. Further, Mother has concerns of Father's current living arrangements for the Children. 9. Since the previous Order, Children have resided with Father and are currently sharing a bedroom with two additional female children. All four children (one male, three female) are sleeping in the same bedroom. 10. Mother's new residence will not require the Children to share a bedroom with two (2) additional children. 11. Further, it has come to Mother's attention that Father is working a substantial time during the day when the Children are home, and are being cared for by paternal grandparents or Father's paramour. 12. Mother is available during the day and is able to care for the Children while Father is working. 13. Mother has notified Father that he may inspect the home at his convenience, to alleviate any concerns Father has about the newly purchased property. As of the date of this Petition, Father has not visited the property. 14. Undersigned counsel contacted Robert Kulling, Esquire, counsel for Father, on June 25, 2014 concerning Defendant's proposal. Attorney Kulling responded stating that the Defendant is not in agreement with a shared physical custody arrangement, but could not reiterate why. 15. Mother seeks to modify the March 26, 2014 Custody Order to include terms which include: a. shared legal custody; b. shared physical custody on a week on/week off basis; c. reasonable holiday schedule; and d. any other terms the Court deems to be in the best interests of the Children. WHEREFORE, the Defendant Crystal Lynn Hershberger respectfully requests this Honorable Court to modify the March 26, 2014 order with terms that are in the best interests of the Children. Date: /2 3I 1 Respectfully Submitted, Mi enn Le`" Services Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant VERIFICATION I, Crystal Lynn Hershberger, verify that the statements made in the above pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 2-3 7/7 Crystal Lynn Hershberger, Defendant SCOTT ALLEN HERSHBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-120 CIVIL TERM - LAW CRYSTAL LYNN HERSHBERGER : Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Crystal Hershberger, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or .pled no contest or was adjudicated delinquent where the record is publicly available pursuant to. the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 0 0 (relating to criminal homicide) 18 Pa.C.S. § 2702 0 ❑ (relating to aggravated assault) 18 Pa.C.S. § 2706 ❑ ❑ (relating to terroristic threats) 18 Pa.C.S. § 2709.1 0 (relating to stalking) "fl co c— rn -04 -71 -< Check Crime Se f Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges O 18 Pa.C.S. § 2901 0 0 (relating to kidnapping) O 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) 18 Pa.C.S. § 2903 (relating to false imprisonment) • 18 Pa.C.S. § 2910 0 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. § 3121 0 0 (relating to rape) O 18 Pa.C.S. § 3122.1 0 0 (relating to statutory sexual assault) 18 Pa.C.S. § 3123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 (relating to. sexual assault) Check Crime Se f Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges O 18 Pa.C.S. § 3125 0 0 (relating to aggravated indecent assault) 18 Pa.C.S. § 3126 0 0 (relating to indecent assault) O 18 Pa.C.S. § 3127 (relating to indecent exposure) 18 Pa.C.S. § 3129 0 0 (relating to sexual intercourse with animal) O 18 Pa.C.S. § 3130 0 0 (relating to conduct relating to sex offenders) • 18 Pa.C.S. § 3301 0 0 (relating to arson and related offenses) 18 Pa.C.S. § 4302 (relating to incest) 18 Pa.C.S. § 4303 0 (relating to concealing death of child) Check Crime Self Other Date of conviction, Sentence all that . household guilty plea, no apply member contest plea or pending charges 0 18 Pa.C.S. § 4304 (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) ❑ (relating to prostitution and related offenses) 18 Pa.C.S. §5903(b)/(d) 0 (relating to obscene and other sexual materials and performances) 18 Pa.C.S. § 6301 (relating to corruption of minors) 18 Pa.C.S. § 6312 (relating to sexual abuse of children) 18 Pa.C.S. § 6318 0 (relating to unlawful contact with minor) 0 0 18 Pa.C.S. § 6320 0 0 (relating to sexual exploitation of children) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) Driving under the ❑ influence of drugs or alcohol Manufacture, sale., delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where? Check Self Other Date all that household apply member ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5... If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. SCOTT ALLEN HERSHBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-120 CIVIL TERM - LAW CRYSTAL LYNN HERSHBERGER : Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Paul D. Edger, Esquire, Attorney for the Defendant Crystal Lynn Hershberger, state that I did mail a copy of the foregoing document upon the following individual(s) and in the manner indicated below: USPS First Class Mail Robert Kulling, Esq. Deyo & Kulling 401 E. Louther Street, Suite 209 Carlisle, PA 17013 Pau . Edge quire SCOTT ALLEN HERSHBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-120 CIVIL TERM - LAW CRYSTAL LYNN HERSHBERGER Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPER'S To the Prothonotary: Kindly allow Crystal Hershberger, Defendant in the above -captioned matter, to proceed in forma pauperis. I, Paul D. Edger, Esquire of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: -1-3./1-1 Respectfully Submitted, Mieenn Legal rrvices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant c F rri m Ori SCOTT ALLEN HERSHBERGER PLAINTIFF V. CRYSTAL LYNN HERSHBERGER DEFENDANT IN THE COURT OF COMMON PLEAS OF C., CUMBERLAND COUNTY, PENNSYLVAJSIX moo zrri) �r �D �C. Zc) -•G 2009-120 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT N CJ v7 AND NOW, Monday, July 28, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 27, 2014 2:00 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.r A Custody Conciliator j' 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. ,& pi Ps /odsoc/ o �o %�iJy o MdPeo, o So eda?- f, 7m//y Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Sc044 / Rff Ptisk,Nber3er : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. RUOq ao eCkILy" I(sk6e,3er • r,30.e. JDefendant : IN CUSTODY CIVIL TERM CRIMINAL RECORD / ABUSE HISTORY VERIFICATION IS"IfO', hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 0 0 (relating to criminal homicide) ❑ 18 Pa.C.S. & 2702 ❑ 0 (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 0 ❑ (relating to stalking) CA) ca Check Crime all that apply Sel 18 Pa.C.S. § 2901 0 (relating to kidnapping) Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) 0 18 Pa.C.S. § 2903 (relating to false imprisonment) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structurel 0 18 Pa.C.S. § 3121 (relating to rape) 0 18 Pa.C.S. 3122.1 0 0 (relating to statutory sexual assault) 18 Pa.C.S. ,5 3123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 (relating to sexual assault) Check Crime all that apply Sel 18 Pa.C.S. § 3125 El (relating to aggravated indecent assault) Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. § 3126 0 0 (relating to indecent assault) 18 Pa.C.S. § 3127 0 0 (relating to indecent exposure) 18 Pa.C.S. § 3129 0 0 (relating to sexual intercourse with animal) 0 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders1 0 18 Pa.C.S. § 3301 0 0 (relating to arson and related offensesi 18 Pa.C.S. § 4302 (relating to incest) 18 Pa.C.S. 4 4303 0 (relating to concealing death of child) Check Crime all that apply Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. § 4304 0 0 (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) 0 0 (relating to prostitution and related offenses) 0 18 Pa.C.S. §5903(b)/(d) 0 0 (relating to obscene and other sexual materials and performances) 18 Pa.C.S. § 6301 (relating to corruption of minors) 0 18 Pa.C.S. § 6312 (relating to sexual abuse of children) 18 Pa.C.S. § 6318 0 (relating to unlawful contact with minor) 18 Pa.C.S. § 6320 0 0 (relating to sexual exploitation of children) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 23 Pa.C.S. § 6114 0 ❑ (relating to contempt for violation of protection order or agreement) O Driving under the 0 0 influence of drugs or alcohol ❑ Manufacture, sale, 0 0 delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & 0 ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the 0 0 Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth 0 El OAQoundta Agency or similar agency in Pennsylvania or another jurisdiction. Where? C M ICA6 "' Check all that apply Self Other Date household member 0 Other: ❑ 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminaliabuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. SCOTT ALLEN HERSHBERGER • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2009-120 CIVIL ACTION LAW CRYSTAL LYNN HERSHBERGER : r" Defendant • IN CUSTODY -71 ORDER OF COURT AND NOW, this v2"641 day of , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 25, 2014 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for Jacob to participate in counseling with a professional selected by agreement between the parties as soon as possible. The purpose of the counseling shall be to assess the Child's emotional wellbeing and provide guidance to the parents in managing their co-parenting relationship in a manner that will promote Jacob's wellbeing in an effort to expand his contact with the Mother. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Friday after school through Sunday at 7:30 p.m. and every Thursday evening from after school until 7:30 p.m. The Thursday evening periods of custody shall take place on three consecutive Thursdays and then the Thursday periods of custody shall be expanded to overnight until the following morning unless Jacob's counselor indicates that it would be detrimental to his wellbeing. On Thursdays and alternating Fridays, the Mother's period of custody with Sarah shall begin no later than noon as Sarah is not yet in school. The parties shall work out arrangements for the Mother to obtain custody of Sarah on those days by agreement with the Mother providing transportation to pick up the Child if she is able to do so. The exchanges of custody on Thursday evenings (until they become overnights) and Sunday evenings shall take place at the Sheetz on the Carlisle Pike in Mechanicsburg unless otherwise agreed. The alternating weekend schedule shall begin with the Father having custody of the Children on the weekend beginning September 26, 2014. 4. The Mother shall make arrangements with the Child's school to have Jacob take the bus to the Mother's residence on every Thursday and on alternating Fridays. The Mother shall provide a copy of this Order to the school if required. 5. The parties shall conduct all custody exchanges in a civil cooperative manner and shall permit, when necessary, third party responsible adults who are familiar to the Children to participate in providing transportation. 6. The Father shall be entitled to have custody of the Children for his wedding day. If the wedding falls on the Mother's regular period of custody, the parties shall cooperate in making arrangements for makeup time for the Mother as soon as possible thereafter. 7. Immediately following the custody conciliation conference, the Father shall be entitled to view the inside of the Mother's current residence to confirm that it is adequate for the safety and welfare of the Children. It is anticipated that the Father's counsel will accompany the Father to promote civility and cooperation. 8. After the parties have followed the partial custody schedule set forth in this Order for a period of 10 weeks, counsel for either party may contact the conciliator to schedule a follow-up custody conciliation conference to review the custodial arrangements if necessary at that time. 9. No party shall be permitted to relocate the residence of the Children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Children consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. BY THE COURT, Albert . Masland J. cc: " aul D. Edger Esquire—Counsel for Mother Robert A. Kulling Esquire—Counsel for Father es t tit/ i0/2/,y 231 SCOTT ALLEN HERSHBERGER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • • vs. : 2009-120 CIVIL ACTION LAW • CRYSTAL LYNN HERSHBERGER • Defendant : IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Sarah Hershberger 2010 Father Jacob Hershberger 2008 Father 2. A custody conciliation conference was held on September 23, 2014, with the following individuals in attendance: the Father, Scott Allen Hershberger, with his counsel, Robert A. Kulling Esquire, and the Mother, Crystal Lynn Hershberger, with her counsel, Paul D. Edger Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SCOTT A. HERSHBERGER, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY,PENNSYIVANIA v. . NO: 2009-120 `r'c r� ter= CRYSTAL L. HERSHBERGER, : CIVIL ACTION—LAW e Respondent/Defendant : CUSTODY _._ PETITION FOR EMERGENCY RELIEF _ • AND NOW, comes the Petitioner, Scott Hershberger, by and through his counsel, Robert A. Kulling,Esquire, of DEYO &KULLING,and in his Petition Emergency Relief avers as follows: 1. Petitioner is Scott Hershberger, Plaintiff in the above captioned matter,who resides at 6606 Carlisle Pike, Mechanicsburg, PA 17050. 2. Respondent is Crystal L. Hershberger, Defendant in the above captioned matter who resides at 155 Salem Church Road, Mechanicsburg, PA 17050. 3. The parties are the natural parents of Jacob Hershberger(age 6) and Sarah Hershberger(age 4). 4. On Sunday, December 14, 2014, Silverspring Township Police were called by Petitioner to report child abuse by Respondent. 5. The Child, Jacob reported to Petitioner and the police that he is being"beat up" while at Respondents. He indicated his Mother and her boyfriend would hit him in the face, groin and back with a sneaker and fly swatter. 6. The Child, Jacob also reported that Respondent threatened to kill him with a fishing rod,by wrapping the fishing line around his neck and choking him. 7. The Child indicated that if he told anyone about Respondent's actions, she would "drown him." i 8. Silver Spring Township Police forwarded this report to Children and Youth Services, who responded back with a photograph of welts on Jacob's back. 9. Petitioner avers that the Police Department is still investigating the matter,though no criminal charges are currently filed. 10. Children and Youth Services(CYS) is involved in the case the Child made the same statements to them. The child also stated that he fears to return to Respondent's home. 11. CYS is investigating this case, and it is believed they will take Court action immediately. 12. Father avers that this abuse is being done to both children while they are in the custody of Respondent. 13. Petitioner fears for the physical and emotional welfare of the child, and believes it is at serious risk while with Respondent. 14. Petitioner believes it is in the best interest of the Child for him to take temporary sole physical custody of the Child until this matter is resolved. WHEREFORE, Petitioner respectfully requests this Honorable Court temporarily transfer sole physical custody of the child to him,pending further hearing on this matter. Respectfully Submitted, J DEYO & KULLING Date: /ZI LZ/ �e Robert A. Ku ing, Esquire 401 East Louther Street, Suite 209 Carlisle, PA 17013 ID# 308874 717-386-5639 Attorney for Petitioner VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: J ) a l i g Scott A.A. Hershberger, Petitioner SCOTT A. HERSHBERGER, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2009-120 CRYSTAL L. HERSHBERGER, : CIVIL ACTION—LAW Respondent/Defendant : CUSTODY CERTIFICATE OF SERVICE I certify that I served a copy of the Petition for Emergency Relief to the following individual at the following address via facsimile. Paul D. Edger,Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, Pennsylvania 17013 Facsimile: 717-243-8026 Respectfully Submitted, DEYO & KULLING Date: IL'?Z' /V Robert A. Kul mg, Esquire 401 East Louther Street, Suite 209 Carlisle, PA 17013 ID#308874 717-386-5639 Attorney for Petitioner SOH A . i-ifisiveriler- : IN THE COURT OF COMMON PLEAS Plainstiff CUMBERLAND COUNTY, PA • Vs : No. 1ck) CIVIL TERM Citisi L. 1.1e,c46c,r,. , CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD ABUSE HISTORY VERIFICATION 5C6 PerSkbe/W. , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 7 18 Pa.C.S. Ch. 25 IT ITT (relatingto criminal homicide) IT 18 Pa.C.S. §2702 IT IT , (relating to aggravated assault) 18 Pa.C.S. §2706 IT r-- f\-) .:4:17 L77 frelating to terroristic threats) IT 18 Pa.C.S. §2709.1 IT r— (relating to stalking) ITT 18 Pa.C.S. §2901 ITT ITT (relating to kidnapping) ITT 18 Pa.C.S. §2902 ITT ITT (relating to unlawful restraint) 7 18 Pa.C.S. §2903 IT IT (relating to false imprisonment) IT 18 Pa.C.S. §2910 ITT ITT (relating to luring a child into a motor vehicle or structurel IT 18 Pa.C.S. §3121 r- (relating to rape) ITT 18 Pa.C.S. §3122.1 IT r- relating to statutory sexual assault) ITT 18 Pa.C.S. §3123 IT IT (relating to involuntary deviate sexual intercourse) ITT 18 Pa.C.S. §3124.1 r-- IT (relating to sexual assault) ITT 18 Pa.C.S. §3125 r- IT - (relating to aggravated indecent assault) ITT 18 Pa.C.S. §3126 ITT ITT (relating to indecent assault) IT 18 Pa.C.S. §3127 ITT IT (relating to indecent exposure) ITT 18 Pa.C.S. §3129 IT ITT (relating to sexual intercourse with animals), ITT 18 Pa.C.S. §3130 ITT ITT: (relating to conduct relating to sex offenders) ITT 18 Pa.C.S. §3301 r-- ITT (relatingto arson and related offenses1 ITT 18 Pa.C.S. §4302 ITT ITT (relating to incest) ITT 18 Pa.C.S. §4303 ITT ITT frelating to concealing death of childl 1— 18 Pa.C.S. §4304 ITT ITT (relating to endangering welfare of children) ITT 18 Pa.C.S. §4305 1ITT — (relating to dealing in infant children) ITT 18 Pa.C.S. §5902(b) ITT 1— (relating to prostitution and related offenses) ITT 18 Pa.C.S. §5903 ITT 7 fc) or (d) (relating to obscene and other sexual materials and performances) ITT 18 Pa.C.S. §5301 ITT ITT (relating to corruption of minors) 17 18 Pa.C.S. §6312 r r (relating to sexual abuse of children) r 18 Pa.C.S. §6318 r ET (relating to unlawful contact with minor) 18 Pa.C.S. §6320 r r (relating to sexual exploitation of children) 23 Pa.C.S. §6114 r r. (relating to contempt for violation of Protection order or agreement) 17 Driving under the r r influence of drugs or alcohol Manufacture, sale, r r delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth r Agency or similar agency in Pennsylvania or similar statute in another jurisdiction r Abusive conduct as defined under the r r Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction IT Other: IT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal /abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or 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. Signature 5c6-Tr A FJeiib Printed Name SCOTT A. HERSHBERGER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL L. HERSHBERGER, DEFENDANT/RESPONDENT : 09-0120 CIVIL TERM ORDER OF COURT 30 day of December, 2014, upon consideration of AND NOW, this the Petition for Emergency Relief filed by Father on December 22, 2014, which was not referred to the court until December 29, 2014, and in Tight of actions taken at a hearing on December 22, 2014 before the Cumberland County Office of Children and Youth Services (CYS) we ORDER AND DIRECT as follows: 1. Pursuant to arrangements made with CYS, Mother's periods of partial custody with the children shall be supervised by the maternal grandfather until further order of court or authorization by CYS. 2. A hearing on this matter is scheduled for January 15, 2015, at 2:30 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Robert A. Kulling, Esquire For Plaintiff — Paul D. Edger, Esquire For Defendant :sal ire.41t1..ca..., as ry' By the Court, Albert H. Mas and, J. < OD -,# SCOTT A. HERSHBERGER, Plaintiff • • IN THE COURT OF COMMON PLEAS: -::OF • • CUMBERLAND COUNTY, PENNSAVA JA- rico c_ V. CIVIL ACTION - LAWS CRYSTAL L. HERSHBERGER, Defendant NO. 09-0120 CIVIL TERM >CD ORDER OF COURT C AND NOW, this 15th day of January, 2015, the parties having convened on Plaintiff's Petition for Emergency Relief, and it being represented to the Court that the underlying concern has been addressed by the Cumberland County Office of Children and Youth Service (CYS), the request of Plaintiff to withdraw the motion is granted. Defendant's oral request for counsel fees based on the alleged frivolous nature of the Petition for Emergency Relief is denied at this time without prejudice. The parties having agreed to bypass the conciliation process, we schedule a hearing for February 20, 2015, at 9:30 a.m. Defendant may raise the issue of counsel fees at that time. Pending that hearing, we direct the parties to proceed with the recommendation by CYS for parenting counseling and to follow any recommendations of the provider of that counseling. We further direct the parties, in the absence of a pretrial conference, to use their best efforts, to streamline the issues that will be presented at the hearing. Finally, we direct the parties to file pretrial memos in accordance with local rules on or before February 13, 2015. By the Court, Albert H. Masland, J. bert A. Kulling, Esquire For Plaintiff ,./---1D-aul D. Edger, Esquire For Defendant prs