HomeMy WebLinkAbout09-0228.,
JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. ,
NO. O9 - 0 ~ ~ ~ ~n-l ~...-.
HEIDI L. MARSHALL, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH
IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL
TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT
MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST
YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR
VISITATION OF YOUR CHILDREN.
WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWiV OF
THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES
OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
.- ~ ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~ `~ - d ~a p Cc.~il l ,Q-~
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT
COUNT I DIVORCE UNDER SECTION 3301 (c) AND SECTION (d) OF
THE DIVORCE CODE
1. Plaintiff is John H. Marshall, who currently resides at 626 Elliott Drive, Lewisberry,
JOHN H. MARSHALL,
Plaintiff .
vs.
HEIDI L. MARSHALL,
Defendant .
Cumberland County, Pennsylvania, 17339.
2. Defendant is Heidi L. Marshall, who current resides at 1310 Stratford Road, Camp Hill,
Cumberland County, Pennsylvania, 17011.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 22, 2004 in Boiling Springs, PA.
5. The parties are the parents of one (1) minor child: Mary G. Marshall, born on September 6,
2003.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. Plaintiff has been advised that counseling is available and that he may have the right to
request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not
request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued.
„ i
9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are:
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time,
Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at
least two (2) years.
10. Plaintiff requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the
marriage between Plaintiff and Defendant.
COUNT II -CUSTODY
11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth in full.
12. Plaintiff seeks primary physical custody of the following child: Mary G. Marshall, born on
September 6, 2003.
The child was not born out of wedlock.
The child is presently in the care and custody of Defendant.
13. During the past five (5) years, the child has resided with the following persons at the
following addresses:
A. From December 2006 until present, the child resided with Defendant at 1310 Stratford
Road, Camp Hill, Pennsylvania.
B. From birth until December 2006, the child resided with Plaintiff and Defendant at
1310 Stratford Road, Camp Hill, Pennsylvania.
14. The Father of the child is John H. Marshall, who currently resides at 636 Elliott Drive,
Lewisberry, Pennsylvania. He is married.
15. The Mother of the child is Heidi L. Marshall, who currently resides at 1310 Stratford Road,
Camp Hill, Pennsylvania. She is married.
16. The relationship of Plaintiff to the child is that of Father.
17. The relationship of Defendant to the child is that of Mother.
18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a court of this
Commonwealth or any other state.
Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the
child or claims to have custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be served by granting Plaintiff
shared physical custody of the minor child.
20. Each parent whose parental rights to the child have not been terminated and the person who
has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant shared physical
custody of the minor child to the Plaintiff.
Respectfully submitted,
COLGAN MARZZACCO LLC
ay: -
Timothy J. Co gan, uire
Attorney ID # 77944
130 West Church Street
Suite 100
Dillsburg, PA 17019
Phone: (717) 502-5000
Fax: (717) 502-5050
Dated: ~ - 6 ~
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JOHN H. MARSHALL,
Plaintiff
vs.
HEIDI L. MARSHALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION -LAW
IN DIVORCE
VERIFICATION
I, John H. Marshall, verify that the statements made in this Complaint are true and correct to the
best of my knowledge, information, acid belief. T understand that false statements herein are made
subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities.
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Date: ~ o~ ~ ~ t'I I ~ ~ ~~ ~~ 1 Vv~'~"~
JO H. MARSHALL
Pla ntiff
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JOHN H. MARSHALL,
Plaintiff
vs.
HEIDI L. MARSHALL,
Defendant
IN THE COURT OF COMM N PLEAS
CUMBERLAND COUNTY, PE SYLVANIA
NO. 2009-228
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
~i
I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and tat she served the
Notice of Intent to Request Entry of Section 330] (d) Divorce Decree on Defendant's Att mey, Gregory S.
Hazlett, Esquire, at his current address as follows: 7 West Main Street, Mechanicsburg, P 17055, by U.S.
mail, postage paid, on June 9, 2009. A copy of said information is attached hereto, marke Exhibit "A" and
made a part hereof by reference thereto.
Date: June 11, 2009
COLGAN MARZZACCO,
L. Roberts
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
On this, the 1 l `" day of June, 2009, before me, a notary public, personally appe~ed Jeanette L.
Roberts known to me or satisfactorily proven to be the whose name is subscribed to the wit m Affidavit and
acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
NOTARY $13$]~IC V
My Commission Expires:
Timothy J. Colggrf, Wotary Pub
Dillstwrg Bono, Ylp~c County
My Commission Expires . 3,
Member, Pennsylvania Assop{ , ~ of
EXHIBIT A
THE LAW OFFICES OF
COLGAPT MARZZACCO
LLC
Timothy J. Colgan
Christopher J. Marzzacco
David E. Hershey
Thomas M. Clark
Shawn M. Curry
Gregory S. Hazlett, Esquire
7 West Main Street
Mechanicsburg, PA 17055
June 9, 2009
Re: John H. Marshall v Heidi L. Marshall
Docket No.: 09-228
Dear Greg:
Please find enclosed for service upon you the Notice of Intent to Reques~ Entry of
§3301(d) Divorce Decree.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
COLGAN MARZZACCO, ;LLC
~h
by Timothy J. Colgan
TJC/jlr
Enclosure
cc: John H. Marshall (w/enclosure)
Where Every Client Mainers
130 W. Church Street, Suite 100 •Dillsburg, PA 17019 • P: 717-502-5000 • F: 717-502-5050 • Toll Free: 1-800-615-0115 • www.cmlawl.com
Offices in Dillsburg, York, liarrisbnrg, Scranton Area
JOHN H. MARSHALL,
Plaintiff
vs.
HEIDI L. MARSHALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-228
CIVIL ACTION -LAW
IN DIVORCE
NOTICE OF INTENT TO REQUEST ENTRY
OF §3301(d) DIVORCE DECREE
TO: Heidi L. Marshall
c/o Gregory S. Hazlett, Esquire
7 West Main Street
Mechanicsburg, PA 17055
You have been sued in an action for divorce. You have failed to answer the co plaint or file
acounter-affidavit to the §3301(d) affidavit. Therefore, on or after June 29, 2009, the ~ther party can
request the Court to enter a final decree in divorce.
i
If you do not file with the Prothonotary of the Court an Answer with your sign~'e notarized
or verified or acounter-affidavit by the above date, the Court can enter a final decree ~n divorce. A
counter-affidavit which you may file with the Prothonotary of the Court is attached tb this Notice.
Unless you have already filed with the Court a written claim for economic relie ,you must do
so by the above date or the Court may grant the divorce and you will lose forever the ght to ask for
economic relief. The filing of the form counter-affidavit alone does not protect y ur economic
claims.
YOU SHOULD TAKE THI5 PAPER TO YOUR LAWYER AT ONCE. IF YbU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE bFFICE STE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OFFICE MAY BE ABLE~O PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES O ELIGIBLE
PERSONS AT A REDUCED FEE OR NOT FEE.
LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATIO~1
YORK COUNTY BAR CENTER ',
137 EAST MARKET STREET
YORK, PA ] 7401
(717)854-8755
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JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS
Plaintiff 5*b1PH N COUNTY, PENNSYLVANIA
GI?nnBE?UKNn
V. NO. 2009-228
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HEIDI L. MARSHALL, CIVIL ACTION - LAW ssnr-
Defendant IN DIVORCE N -a?
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CO ??rt
AFFIDAVIT OF CONSENT z
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1. A Compl aint in Divorce under Section 3301(c) of the Divorce Code
was filed on January 16, 2009.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to
Date: p 1 q / t,
JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS
Plaintiff BAA4? COUNTY, PENNSYLVANIA
• CW?n6ERUtN?
V. NO. 2009-228
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HEIDI L. MARSHALL, CIVIL ACTION -LAW -
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Defendant IN DIVORCE Xr" .to. ?-n
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WAIVER OF NOTICE OF INTENTION TO REQUEST
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ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c
OF THE DIVORCE CODE - { &-
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit 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: ' y/ I
JOHN H. MARSHALL,
Plaintiff
V.
HEIDI L. MARSHALL,
Defendant
IN THE COURT OF COMMON PLEAS
$A?N COUNTY, PENNSYLVANIA
: NO. 2009-228
CIVIL ACTION -LAW
IN DIVORCE
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit 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: ,??115111
Heidi L. Marshall
JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS
Plaintiff B f4 COUNTY, PENNSYLVANIA
• C?mge`?t-?.1?
V. NO. 2009-228
C C
HEIDI L. MARSHALL, CIVIL ACTION -LAW R o Mw rn?
Defendant IN DIVORCE M= ? -,r-
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AFFIDAVIT OF CONSENT ? i ° -n
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1. A Compl aint in Divorce under Section 3301(c) of the Divorce ode
was filed on January 16, 2009.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: &/'S /I
-7/ Heidi L. Marsh
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MARSHALL
V.
HEIDI L. MARSHALL
: NO. 2009-228
DIVORCE DECREE
AND NOW, SQ,pttft6t 7 , 1611 , it is ordered and decreed that
JOHN H. MARSHALL , plaintiff, and
HEIDI L. MARSHALL , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The Marriage Settlement Agreement between the parties shall be incorporated
but shall not merge with the final Decree in Divorce.
By the Court,
Attest: J.
Prothonotary
eel
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JOHN H. MARSHALL, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09-228 CIVIL TERM'
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HEIDI L. MARSHALL, CIVIL ACTION -LAW rte. ? r -
Defendant/Petitioner IN CUSTODY U?. m
NOTICE Ac C:)'`'
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clai s
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney an d
filing in writing with the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property, or other rights important to you, including child custody, or child visitation.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
?A a-7 3??
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse c
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dente
de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicand(
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte I
escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquic
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CEl
DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,
ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
JOHN H. MARSHALL, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09-228 CIVIL TERM
HEIDI L. MARSHALL, : CIVIL ACTION -LAW
Defendant/Petitioner : IN CUSTODY
PETITION TO MODIFY CHILD CUSTODY
AND NOW comes the Defendant/Petitioner, Heidi L. Marshall, by and through
her attorney, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and
respectfully petitions this Honorable Court to modify its Custody Order dated February 27,
and in furtherance thereto, avers the following:
1. Petitioner/Defendant is Heidi L. Marshall, hereinafter referred to as
an adult individual residing at 1310 Strafford Road, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. Defendant/Petitioner is John H. Marshall, hereinafter referred to as "Father",
an adult individual residing at P.O. Box 133, Mount Holly Springs, Cumberland County,
Pennsylvania 17065.
3. The subject minor child is Mary G. Marshall, age 8, born September 6, 2003.
4. A Custody Order was entered by the Honorable M. L. Ebert, Jr., on
February 27, 2009. According to the current Custody Order, Mother is entitled to primary
physical custody and Father is entitled to partial physical custody every other weekend from
Friday at 5:00 p.m. until Sunday at 5:00 p.m., and on Tuesdays from 5:30 p.m. until 8:30 p.m.
The parties share legal custody as well as holidays. A copy of the Custody Order dated
February 27, 2009, marked Exhibit "A", is attached hereto and incorporated herewith.
5. The subject minor child has significant psychiatric diagnoses of Adjustment
Disorder with Mixed Disturbance of Emotions and Conduct, ADHD, Generalized Anxiety
Disorder, Post Traumatic Stress Disorder, Separation Anxiety Disorder, Disorder of Written
Expression, Disruptive Behavior Disorder, and Cognitive Disorder. Due to these diagnoses,
subject child receives counseling services through Philhaven, BHRS Services, and play ther,
with Daina Thompson.
6. Mother seeks sole legal and physical custody of the subject minor child for
following reasons:
a. Father failed to have any contact with the child from January, 2010
until January, 2011.
b. Father has failed to have any contact with the child since November I,
2011 to present.
c. Mother is frequently unable to find Father in order to acquire signatu
for consent to various services for the subject minor child. Father is frequently
living in temporary residences or homeless and living out of his car.
d. The subject minor child has made allegations of sexual abuse against
Father and prior household members in the past year.
7. It is believed and therefore averred that Father's involvement with the subject
minor child is harmful and confusing due to his frequent and extensive absences and is
not in her best interests.
WHEREFORE, Defendant/Petitioner, Heidi L. Marshall, respectfully requests
this Honorable Court award her sole physical and legal custody of the subject minor child.
Date: k67 /41--
Respectfully submitted,
THE LAW OFFICES OF
SILL ER
'stin R. einhold, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 57911
Attorney for Heidi L. Marshall
AFFIDAVIT
1, NP ? d I L ArYIl , hereby certify that the aforegoing is 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. 4909 relating to
unsworn falsifications to authorities.
Dated: J h ??-- ?%
FEB 2 ,4 Z000
JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS O]
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
V. No. 09-228 CIVIL ACTION LAW
HEIDI L. MARSHALL, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this _a day of February 2009, upon consideration of the attached Cus
Conciliation Report, it is Ordered and Directed as follows:
1 • Legal Custody: The Father, John H. Marshall, and the Mother, Heidi L. Marshall, shall h
shared legal custody of Mary G. Marshall, born 09/06/2003. The parties shall have an eqi
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her healthPursuant to the terms of 23 PaC.S. each education and religion.
§5309, parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious
school records, the residence address of the Child and of the other parent. To the extent o,
Parent has possession of any such records or information, that parent shall be required to s
the same, or copies thereof, with the other patent within such reasonable time as to make tl
records and inform of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Fatty
partial physical custody as follows:
a. Commencing Friday March 06, 2009, Father shall have physical custody on
alternating weekends from Friday 5:00 pm until Sunday 5:00 pm. If Father'
work schedule permits him to pick Mary up earlier than 5:00 pm on Friday f
day care, Fatter may do so.
b. Commencing Tuesday March 03, 2009, Father shall have physical custody e
Tuesday from 5:30 pra until 8:30 pm. If Father's work schedule permits hin
pick Awry up earlier than 5:30 pm on Tuesday from day care, Father may do
Mother shall pick Mary up at 8:30 pm, or later, whenever. her classes are ove
from Father's residence
c. Both parents are directed, and have agreed, that the custodial parent of Mary
shall directly and personally sups Mary when any other children are
around. The custodial parent shall ensure that Mary has her own room to sleA
in and that Mary shall address bathmg/hygiene and dressing issues in private.
This paragraph is intended to not only protect Mary, but other children as we]
d. Father shall have physical custody of the Child at such other times as the part
may mutually agree.
3. ho?1? The Parties are directed to continue the Child in her counseling and/or play
SPY such time as the counselor/therapist recommends successful discharge. The cos
of said counseling, after appropriate payment through insurance, shall be split equally betwee
the parties.
EXHIBIT
4. The non-custodial parent shall have liberal telephone contact with the Child on a reasona
basis. In the absence of agreement, the non-custodial parent shall contact the Child three
times per week.
5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise ml
agreed upon. If a holiday that is scheduled to be for Father falls on a Monday following
Father's weekend, Father shall have physical custody from Friday until the conclusion of
holiday on Monday.
6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The
requesting parent shall give the other parent 60 days advance notice of the requested time ax
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have -the
choice of vacation. Prior to departure; the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreem
The parties have agreed that Father shall spend his vacation time with Mary in 2009 over the
Fourth of July period.
7- In the event the custodial parent should take the Child out of state, the custodial parent shall
n
deshmoon and otify the non-cu, dial past within twenty-four hours of de ert re of the int d
a UiWhotie number at which they can be reaped.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may mod
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms
this Order shall control.
By the Court,
Distribution:
Gregory Hazlett, Esquire
Timothy Colgan, Esquire
John J. Mangan, Esquire
'Ar
'r f J.
rhi. Jw it ut ,_:.,j Cgun &I
HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
yjgS
Easter Da 1 Half From 9 am until 3 m Mother Mother
Easter Da 2 Half From 3 m until 9 m Father Father
Memorial Da From 8 am until 8 m Father Mother
Independence Da From 8 am until 8 m Mother Father
Labor Da From 8 am until 8 m Father Mother
Halloween From one hour before trick or
treating to one hour after trick or Father Mother
Thanksgiving 1
Half From 8 am Thanksgiving Day to 2
m on Thanksgiving Da Father Mother
Thanksgiving 2
half From 2 pm on Thanksgiving Day to
noon the day after Thanksgiving Da Mother Father
Christmas 1 Half From noon on 12/24 to noon on
12/25 Mother Father
Christmas 2 Half From noon on 12/25 to noon on
12126 Father Mother
New Year's From 6 pm 12/31 until noon January
1 s' (with the 12/31 year to control the
eveti/od?i demon) Mother Father
Mother's Da Fmm 8 am u n ii 8 Pin Mr Mother
Father's Da From 8 am until 8 j "Pit-&-
Father
JOHN H. MARSHALL IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-228 CIVIL ACTION LAW ril c_ i,'..
HEIDI L. MARSHALL ?>
IN CUSTODY r `=
DEFENDANT
p?fi?,a •
ORDER OF COURT
AND NOW, _ Thursday, July 26, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 24, 2012 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn . Mangan, r. Es _
lp-
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
V oA n 6,1es Awl Leo/
/¢eG
1?i
JOHN H. MARSHALL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-228 CIVIL ACTION LAW
1. e
HEIDI L. MARSHALL, N
IN CUSTODY -C
Defendant M
rn
M M
'
AN c:
Prior Judge: M.L. Ebert, Jr. J. C
a,
)
< -a CD -»
ORDER OF COURT
AND KNOW this day of September 2012, upon consideration of the atta4;?ed E?stay
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The Mother, Heidi L. Marshall, shall have sole legal custody of Mary G.
Marshall, born 09/06/2003. Mother shall have the right to make all major non-emergency
decisions affecting the Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion. However, pursuant to the terms of 23 Pa.C.S.
§5309, each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the residence address
of the Child and of 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.
2. Physical Custody: Mother shall have sole physical custody of the Child. Absent agreement of
the parties or further Order of Court, Father shall not have contact with Mary G. Marshall.
In the event circumstances change, the Court specifically notes and directs that either party may
petition the Court for a modification and a conciliation conference shall be scheduled promptly.
4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Kristin Reinhold, Esquire
John Marshall., 6 Adams Rd., Carlisle, PA 17015
John J. Mangan, Esquire
e eel
By the Court,
J.
JOHN H. MARSHALL,
Plaintiff
V.
HEIDI L. MARSHALL,
Defendant
Prior Judge: M.L. Ebert, Jr., J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-228 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Mary G. Marshall 09/06/2003 Primary Mother
2. A Conciliation Conference was held with regard to this matter on February 24, 2009, an
Order issued February 27, 2009, a conference held April 10, 2010, a conference held
August 24, 2012 with the following individuals in attendance:
The Mother, Heidi Marshall, with her counsel, Kristin Reinhold, Esq.
The Father, John Marshall, self-represented party
3. The parties agreed to the entry of an Order in the form as attached. However, the
undersigned is compelled to note that this situation is extremely unfortunate and is
reluctant to submit the proposed Order. The undersigned is not convinced the Child's
best interest is being served by ceasing contact between Father and daughter. That
being noted, the parties apparently are each satisfied with the proposed Order and
according to law, the undersigned will submit the proposed Order. In the event
circumstances change, either party shall not be prejudiced by filing a petition to modify
custody.
Date John J gan, squire
Cust _ y onciliator