The URL can be used to link to this page

Home My WebLink About09-1982 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW I- CIVIL TERM HEIDIE E. MARDIS, : NO. 09 - 12a- Defendant : IN DIVORCE NOTICE 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 in 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 w STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JASON P. MARDIS, V. HEIDIE E. MARDIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09 - S'Z CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, collies the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Jason P. Mardis, an adult individual residing at 82 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Heidie E. Mardis, an adult individual residing at 82 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on January 6, 2005, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 1 •. 6. The plaintiff avers that he has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. 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.C.S. Section 4904, relating to unsworn falsification to authorities. 2009 Jason P. Mar Plaintiff WOLF & WOLF 11 X?J-" ,fflata , 2009 BY- 166"- STACY . WOLF, QUI Supreme Court ID #8873 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff 7j- n v M W Q N""?R 4 t-= PJ W ?r f x STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant : IN THE COURT OF COMMON YLrb Ur : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.09 - ? CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar?s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to unworn falsification to authorities. 2009 Jason P. Mardis, Plaintiff r„ _7 rT. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JASON P. MARDIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. HEIDIE E. MARDIS, Defendant CIVIL ACTION - LAW : NO.09 - /?MA- CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 2009 Heidie E. Mardis, Defendant gle ovl'k and 4?sen 61,47 ? s?eclv F i OF T RFIIO-;`1'f NCTARY 2009 APR 21 Pr 2= 2 9 STACY B. WOLF, ESQUIRE ATTORNEY M NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JASON P. MARDIS, Plaintiff v. HEIDIE E. MARDIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 -1982 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA R.C.P. RULE NO. 1920.4 NOW, Jason P. Mardis, being duly sworn according to law, does depose and state: 1. That he is a competent adult. 2. That he served a certified copy of the complaint in divorce upon the defendant on April 20, 2009, by handing the copy of the complaint to the defendant. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsification to authorities. 2009 JASON P. MARDIS Plaintiff AILED--? i ' E OF THE T?py 2009 APR 2 7 i l 9: 3 31 // f s tJ'v?(Y :'tom .'?E ti( q , NOV 0 91UtU JASON P. MARDIS, IN THE COURT., OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1982 CIVIL ACTION LAW HEIDIE E. MARDIS, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this / 0 day of November 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Jason Mardis, and the Mother, Heidie Mardis, shall have shared legal custody of Ethan P. Mardis, born 03/11/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. 3. Physical Custody: Mother and Father shall share physical custody of the Child on a repeating two week schedule as follows: a. In week one, commencing Monday 11/30/09, Father shall have physical custody of Ethan from Monday until Wednesday morning. Mother shall then have custody from Wednesday until Friday morning. Father shall then have custody from Friday until Monday morning. b. In week two, Mother shall have physical custody of Ethan from Monday until Wednesday morning. Father shall then have custody from Wednesday until Friday morning. Mother shall then have custody from Friday until Monday morning. C. The custodial exchanges shall occur at Ethan's school absent agreement otherwise with the receiving parent picking him up after school. When there is no school, the parents shall continue the shared physical custody as outlined above and the exchanges shall occur at 9:00 am with the custodial parent transporting Ethan to the other parent's residence. d. The parents may alter said schedule and transportation obligations as the parties may mutually agree. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. Counseling: The parents have agreed that therapeutic family counseling (with the focus on co- parenting) with a mutually-agreed upon professional would be beneficial to the parents and Ethan. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The Father shall initiate this counseling within ten (10) days of the instant Order. 6. Each parent shall ensure that Ethan's homework is done in a timely manner and shall keep each other abreast of Ethan's educational issues. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Holiday periods shall supersede the regular physical custody schedule. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and 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 agreement. Mother has requested, and Father has agreed, that Mother shall have vacation time from December 25, 2010 at 12:00 pm until December 31, 2010. (Father shall have custody of Ethan on New Year's Eve 2010, which is contrary to the holiday schedule). 10. In the event the custodial parent should take the Child out of state, the custodial parent shall, notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. 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. The parents are cautioned that negative/hostile behavior or comments against the other parent have a detrimental effect on Ethan's emotional well-being and relationship with his parents. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, • f'' P.J. Distribution: Lynnore Seaton, Esquire, 100 Pine Street, P.O. Box 1166, 11arrisburg, PA 17108-1166 i'Andrew Sheely, Esquire, 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 ? John J. Mangan, Esquire eo pi e5 y1n q . ?` l1 1 a'? 0.? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 8 am until2 m Mother Mother Easter Da 2n Half From 2 m until 8 m Father Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother - Labor Da From 9 am until 9 m Mother Father Thanks 'vin Father Thanksgiving Da Father Father Thanksgiving Mother The weekend before or after Thanksgiving b agreement Mother Mother Christmas 1S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father Ethan's Birthday On Ethan's birthday Mother Father Ethan's Birthday The Saturday following Ethan's birthday from 12:00 pm until 6:00 m Father Mother Mother's birthday 12:00 m until 6:00 m Mother Mother Father's birthday 12:00 m until 6:00 m Father Father C"- r- ~..5 T ' ? f'3 JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1982 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: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ethan P. Mardis 03/11/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on November 23, 2009, an Order issued December 29, 2009, a conference was held May 25, 2010, an Order issued June 02, 2010 and a conference was held November 08, 2010 with the following individuals in attendance: The Mother, Heidie E. Mardis, and her counsel, Andrew Sheely, Esq. The Father, Jason P. Mardis, with his counsel, Lynnore K. Seaton, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esquir Cu tody Conciliator McNEES WALLACE & NURICK LLC W -, By: J. Paul Helvy m fir`' :;o rte, Attorney ID No. 53148 n 7DC) By: Anthony M. Hoover Attorney ID No. 307033 100 Pine Street CD P.O. Box 1166 _ _ => Harrisburg, PA 17108-1166 - CD (717) 237-5343 (717) 260-1701 (facsimile) pheivyp,mwn.com Attorneys for Plaintiff JASON P. MARDIS, IN THE COURT OF COMMON PLEA S OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. HEIDIE E. MARDIS, Defendant : NO. 09-1982 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: X Divorce Annulment Alimony Alimony Pendente Lite X Distribution of Property Support Counsel Fees Costs and Expenses And in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant has appeared in the action by her attorney Andrew C. Sheely. Esquire. (3) The statutory grounds for the divorce are: 3301(c) and/or 3301(d). (4) a. The action is contested. b. An Agreement has been reached with respect to the following claims: No agreement has been reached by the parties. c. The action is contested with respect to the following claims: Equitable Distribution; Grounds for Divorce. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: None. McNEES WALLACE & NURICK LLC By , 4 ?0 J aul Helvy .D. No. 53148 Anthony M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) phelvy(&-mwn.com Attorneys for Plaintiff Dated: November 32011 VERIFICATION I verify that the statements made in the foregoing document 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. Jason Mardi Dated: ?1 1,30 jl 1 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by e-mail and first-class mail, postage prepaid, upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Je ne Barnhart, Legal Secretary Dated: November 32011 ____ _ _-, t..a JASON P. MARDIS, THE COURT OF COMMON PLEAS OF ° -? Plaintiff 1-3 CUMBERLAND COUNTY, PENNSYLVAM c_. -n ri-; rn VS. NO. 09 - 1982 CIVIL ?N A as G HEIDIE E. MARDIS, w' v n `)-n - n Defendant IN DIVORCE =q Crr? t-n TO: J. Paul Helvy , Attorney for Plaintiff Andrew C. Sheely , Attorney for Defendant DATE: Wednesday, December 14, 2011 CERTIFICATION !F"r Which the mester has been. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Both parties have served discovery on the other. Although the Plaintiff, Jason Mardis, has responded to the Interrogatories and Request for Production of Documents filed by the Defendant, Heidie Mardis, Ms. Mardis has failed to respond to the Interrogatories and Request for Production of Documents served on her by the Plaintiff, Jason Mardis. It is anticipated that counsel for Ms. Mardis will respond to the Plaintiffs discovery requests and provide updated information regarding the value of the assets she has in her possession prior to a Master's Hearing in this matter. If Ms. Mardis refuses to respond to the Plaintiffs discovery requests, the Plaintiff, Mr. Mardis, believes that the Divorce Master has the authority to preclude her from presenting evidence regarding the assets and issues addressed in the discovery requests, and this matter can be resolved. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE C U L FOR INTIFF ( ) C NSEL FO EFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served first-class mail, postage prepaid, upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 IIAAA 4W 4mnda Felty, Leg I Sec ry Dated: January 5, 2012 L..FD-OFFICE F11 i.' T' E PROTHONOTARY MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) phelvv(&-mwn.com ahoover _mwn.com Attorneys for Plaintiff JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant 200112 JAN -9 AM 11: a 7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN CUSTODY 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 after this com0aint and notice are served, by entering written appearance personally or by attorney and 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 withc)ut you and 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 custody or visitation of your children. 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 A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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 (717) 249-3166 or (800) 990-9108 i sa $3000 a CLit Baas 9- #4 a65 Saa MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) phelyy(&-mwn.com ahooverCa)-mwn.com Attorneys for Plaintiff JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1982 HEIDIE E. MARDIS, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. BACKGROUND FACTS 1. Petitioner is Jason P. Mardis, an adult individual who currently resides at 817 Hogestown Road, Mechanicsburg, Pennsylvania 17050 ("Father") 2. Respondent is Heidie E. Mardis, an adult individual who currently resides at 82 Bonnybrook Road, Carlisle, Pennsylvania 17013 ("Mother") 3. The parties are the parents of the minor child, Ethan P. Mardis, born March 2005 ("Child"). 4. Pursuant to an Order of Court dated November 10, 2010 ("Order"), Mother and Father share legal custody, and share physical custody, on a repeating two- week schedule. A true and accurate copy of the November 10, 2010 Order is attached hereto as Exhibit A. II. FACTS RELEVANT TO MODIFICATION OF NOVEMBER 10, 2010 CUSTODY ORDER 5. Father believes and therefore avers that it is in the best interests of the Child that he be granted primary physical custody, during the school year, for reasons which include, but which are not limited to, the following: A. Mother and Father recently attended a meeting with the Child's teachers and school psychologist regarding the Child's issues in school (academic, behavioral). B. At this meeting, the parties discussed the potential causes of these issues, which included the approximate one-hour, or longer, bus ride the Child takes during Mother's days custody, and the Child's need for a calm, quiet study environment, which Father believes is not available at Mother's residence. C. Father believes that the Child's issues are significantly caused by the fact that the Child is in two homes during the school year, and this constant adjustment leads to behavioral issues and distracts the Child from completing his school work. D. For reasons stated herein, including but not limited to the Child's need for one home during the school year and Mother's inability or unwillingness to assist the Child with his school work and provide a quiet study environment, Father believes that he should be granted primary physical custody during the school year. 2 E. As an immediate measure, to alleviate both concerns (the long bus ride and need for a quiet study environment), Father offered to pick the Child up at school on Mother's days of custody, and take the Child to a quiet study environment and assist the Child with the completion of his homework. After the Child completed his homework, Father would return the Child to Mother's home. F. Father estimates that he would return the Child to Mother on her days of custody approximately the same time that the Child would return to Mother's home after the Child's one-hour, or longer, bus ride. G. Father's proposal would also alleviate many of the Child's behavioral issues, as many of the behavioral issues were occurring on the Child's one- hour bus ride to Mother's home. H. Although Father's proposal would permit Mother to spend approximately the same amount of time with the Child as she does under the current custody schedule, Mother rejected Father's proposal with no reasonable explanation. In light of the fact that Mother is either unwilling or unable to provide a calm, quiet study environment, as well as Mother necessitating the greater than one-hour bus ride to her residence, Father believes that it is in the Child's best interests for Father to be granted primary physical custody of the Child during the school year. 3 WHEREFORE, Father respectfully requests that this Honorable Court enter an Order as follows: 1. The parties shall share legal custody; 2. During the school year, Father will have primary physical custody of the Child subject to Mother's period of partial physical custody; 3. During the summer, Mother and Father will share physical custody of the Child. Respectfully submitted, McNEES WALLACE & NURICK LLC By J.,P"aul Helvy D. No. 5 8 Anthony . oover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) phelvy &-mwn.com Attorneys for Plaintiff, Jason P. Mardis Dated: January 4, 2012 4 ..... ...... . ...... ........ .. JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1982 CIVIL ACTION LAW HEIDIE E. MARDIS, IN CUSTODY Defendant . Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this /D day of November 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Jason Mardis, and the Mother, Heidie Mardis, shall have shared legal custody of Ethan P. Mardis, born 03/11/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. Physical Custody: Mother and Father shall share physical custody of the Child on a repeating two week schedule as follows: a. In week one, commencing Monday 11/30/09, Father shall have physical custody of Ethan from Monday until Wednesday morning. Mother shall then have custody from Wednesday until Friday morning. Father shall then have custody from Friday until Monday morning. b. In week two, Mother shall have physical custody of Ethan from Monday until Wednesday morning. Father shall then have custody from Wednesday until Friday morning. Mother shall then have custody from Friday until Monday morning. C. The custodial exchanges shall occur at Ethan's school absent agreement otherwise with the receiving parent picking him up after school. When there is no school, the parents shall continue the shared physical custody as outlined above and the exchanges shall occur at 9:00 am with the custodial parent transporting Ethan to the other parent's residence. d. The parents may alter said schedule and transportation obligations as the parties may mutually agree. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. Counseling: The parents have agreed that therapeutic family counseling (with the focus on co- parenting) with a mutually-agreed upon professional would be beneficial to the parents and Ethan. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The Father shall initiate this counseling within ten (10) days of the instant Order. 6. Each parent shall ensure that Ethan's homework is done in a timely manner and shall keep each other abreast of Ethan's educational issues. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Holiday periods shall supersede the regular physical custody schedule. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and 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 agreement. Mother has requested, and Father has agreed, that Mother shall have vacation time from December 25, 2010 at 12:00 pm until December 31, 2010. (Father shall have custody of Ethan on New Year's Eve 2010, which is contrary to the holiday schedule). 10. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. 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. The parents are cautioned that negative/hostile behavior or comments against the other parent have a detrimental effect on Ethan's emotional well-being and relationship with his parents. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, P.J. Distribution: Lynnore Seaton, Esquire, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 Andrew Sheely, Esquire, 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 s Half From 8 am until 2 m Mother Mother Easter Da 2 Half From 2 m until 8 Father Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Thanks 'vin Father Thanksgiving Day _ Father Father Thanksgiving Mother The weekend before or after Thanksgiving b agreement Mother Mother Christmas 1 s` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2 Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January I" (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father Ethan's Birthda On Ethan's birthday Mother Father Ethan's Birthday The Saturday following Ethan's birthday from 12:00 pm until 6:00 m Father Mother Mother's birthday 12:00 m until 6:00 m Mother Mother Father's birthda 12:00 m until 6:00 m Father Father TRUE COPY FROM RECORD b Teat ww whaeaol, l hwo uab sat my head and"a" of saw 000 at Cmue. Pr. Tr,t,...4ea„ d. 'WdyJ . Zo 10 3U*W-1 ? JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1982 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: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ethan P. Mardis 03/11/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on November 23, 2009, an Order issued December 29, 2009, a conference was held May 25, 2010, an Order issued June 02, 2010 and a conference was held November 08, 2010 with the following individuals in attendance: The Mother, Heidie E. Mardis, and her counsel, Andrew Sheely, Esq. The Father, Jason P. Mardis, with his counsel, Lynnore K. Seaton, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esquir Cu tod Conciliator VERIFICATION I verify that the statements made in the foregoing document 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. Jason Mar Dated: //q/ /,?- CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via e-mail & first class mail to: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 andrewc.sheelyO,verizon. net Counsel for Defendant 'Anne Barnhart, Legal Secretary Dated: January ?, 2012 JASON P. MARDIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1982 CIVIL ACTION LAW -.? N 2M ` rnrw -O HEIDIE E. MARDIS ?jE= Cnt- rn off' IN CUSTODY - G 2" --? DEFENDAN T ?p fir: ORDER OF COURT AND NOW, Tuesday, January 17, 2012 , upon consideration of the attached Co mplaint, 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 Tuesday, February 21, 2012 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ h AP j Mangan, It., Esq, at 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 /?e?yy C??ff'0 ?C0 0Ai G e W I ?TI J s7 P`y d / "q 0?' ; C'oey'0lac c IWO_ _ FILE D-f1??FICT Ir`.' Y Andrew C. Sheely, Esquire C-F THE P"KI il! t TH110p 127 S. Market Street P.O. Box 95 ^1 e1 18 '? 11 Mechanicsburg, PA 17055 LvI ??+? ^" ? PA ID NO. 62469 t? f ?111tS t 717-697-7050 (Phone) CUMBERLA, RD COON( !' 717-697-7065 (Fax) PENNSYLVANIA JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1982 HEIDIE E. MARDIS, : CIVIL ACTION - LAW Defendant : IN CUSTODY ANSWER AND NEW MATTER TO PETITION FOR MODIFICATION Defendant, Heidie E. Mardis, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer and New Matter to Plaintiff's Petition for Modification of an existing custody order, and respectfully states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Plaintiff/Father's position is contrary to the law, the existing custody agreement and disregards the best interest of the minor child. By way of further answer, Plaintiff/Father has refused to attend co-parenting counseling as previously ordered and repeatedly disregarded educational and medical recommendations for improving the behavior and cognitive abilities of the minor child. A. Admitted. B. Admitted/Denied in part. It is admitted that Plaintiff/Father has opinion as to custody. It is denied that Defendant/Mother cannot provide a quiet study environment as suggested by Plaintiff/Father. C. Admitted in part/Denied in part. It is admitted that Father has opinions as to the causes of the child's behavioral and educational problem. It is denied that the two homes cause the behavioral and educational problements. By way of further answer , Plaintiff/Father's refusal to attend co- parenting counseling and Plaintiff/Father's refusal to comply with professional recommendations are disruptive to the child's best interests. D. Denied. To the contrary, Plaitiff/Father's refusal to recognize and comply with the professional, medical and educational recommendations have contributed to the problem's incurred by the minor child. Plaitiff/Father's refusal to comply prior orders requiring co-parenting counseling has created additional problems for the minor child. By way of further answer, Defendant/Mother has demonstrated significant effort to identify the needs of the minor child in school in dealing with defiance and delayed cognitive abilities in school, and she has further demonstrated substantial willingness to 2 assist the minor child's educational needs. E. Admitted in Part/Denied in Part. It is admitted that Plaintiff/Father has offered to adjust the pick-up schedule of the child and participate in study activities with the child during Mother's period of custody. It is denied that Defendant/Mother is unable to provide adequate study facilities for the child who is in 1st grade. By way of further answer Plaintiff/Father has refused to participate with recommended testing to determine the existence of learning disabilities, as well as appropriate treatment for ADHD. F. Admitted in Part/Denied in Part. It is admitted that Plaintiff/Father has offered to adjust the pick-up schedule of the child and participate in study activities with the child during Mother's period of custody and to provide a shorter bus ride. Defendant/Mother denies the suggestion this will help the minor child and Defendant/Mother objects to Plaintiff/Father's refusal to participate with testing to determine the existence of learning disabilities, as well as appropriate treatment for ADHD, significant concerns which must be determined prior to any change in custody. G. Denied. To the contrary, Plaintiff/Father's refusal to comply with medical and educational recommendations is harming the cognitive and emotional development of the minor child. As opposed to determining the existence and medical 3 needs of the child, Plaintiff/Father is improperly pursuing a course of action to deprive the child from needed medical attention and to minimize Mother's contact with the child for unknown reasons. H. Denied. Defendant/Mother can provide sufficient environment for the child's study and reading needs as a 1st grader. By way of further answer, Defendant/Mother has repeatedly requested that Plaintiff/Father permit the minor child to participate in recommended testing to identify the needs of the minor child and Plaintiff/Father has refused to comply with medical and professional recommendations encouraging appropriate testing to determine if a learning disability exists. I. Denied. Mother is capable of providing a satisfactory environment to assist with the minor child's elementary educational needs. By way of further answer, Mother believes that the child should be tested for learning disabilities as recommended by licensed medical doctors and the minor child's teachers. NEW MATTER 6. The statements of fact and answers as set forth in the preceding paragraphs and subparagraphs are incorporated herein as if set forth at length. 4 7. Dr. William Benko, M.D. recommended to Plaintiff/Father and Defendant/Mother by letter dated December 16, 2,011 that the minor child should see a Neuropsychologist for psychometric testing to determine if the child has a learning disability. 8. Defendant/Mother is agreeable to permitting the minor child see a Neuropsychologist for psychometric testing. 9. Plaintiff/Father is not agreeable to permitting the minor child see a Neuropsychologist for psychometric testing. 10. Plaintiff/Father's refusal to comply with medical recommendations is negligent and contrary to the needs of the minor child. 11. Plaintiff/Father's refusal to comply with medical recommendations serves to delay the educational growth of the minor child creating potential for holding the child back from school and creates significant frustration in performing custodial parent responsibilities. 12. Plaintiff/Father's refusal to comp,!_y with medical recommendations supports Defendant/Mother's belief that Plaintiff/Father is facilitating the minor child's defiance towards Defendant/Mother and structured environments. 13. Plaintiff/Father's refusal to cooperate with co- parenting counseling violates paragraph 5 of the prior agreement and Court Order for no legitimate reason. 14. Plaintiff/Father's refusal to comply with medical 5 recommendations warrants professional counseling or co-parenting counseling to recognize the seriousness of the psychological and other needs of the minor child as recognized by Dr. Benko and the child's teachers. 15. Plaintiff/Father's inability to make positive choices for the needs of the minor child are significantly impaired by Plaintiff/Father's anger and hostility directed at Defendant/Mother warranting co-parenting counseling for both parents as required by the existing court order. WHEREFORE, Defendant/Mother respectfully requests that this Honorable Court deny Plaintiff/Father's request for modification of the current custody Order, and further: 1. Direct Plaintiff/Father to permit the child to attend and participate in any and all required testing to determine if the child has a learning disability; and 2. Direct Plaintiff/Father and Defendant/Mother to attend co-parenting classes for a minimum of 5 sessions and as directed by paragraph 5 of the current order of court; and 3. Direct that Plaintiff/Father and Defendant/Mother share legal and physical custody of the minor child pending completion of all required testing to determine the existence of any learning disabilities for the minor child. Respectfully submitted, 6 Date: January 13 , 2012 Attorney for Defendant Heidie E. Mardis, Mother 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 7 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE : January /3, 2012 JHeidie E. Mardis CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Answer upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: J. Paul Helvy, Esquire McNees, Wallace and Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: January /$ 2012 A drew C. w C? JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1982 CIVIL ACTION LAW HEIDIE E. MARDIS, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this S day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Jason Mardis, and the Mother, Heidie Mardis, shall have shared legal custody of Ethan P. Mardis, born 03/11/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. Physical Custody: Mother and Father shall share physical custody of the Child on a repeating two week schedule (2/2/5/5) as follows: a. In week one, commencing Monday 02/20/12, Father shall have physical custody of Ethan from Monday until Wednesday morning. Mother. shall then have custody from Wednesday until Friday morning. Father shall then have custody from Friday until Wednesday morning. b. In week two, Mother shall have physical custody of Ethan from Wednesday until Monday morning. C. On Wednesday and Thursday when school is in session, F,6- er shall have the 7 right to pick Ethan up after school and return Ethan to Mother at 4:45 pm. d. The custodial exchanges shall occur at Ethan's school absent agre,rhent otherwise with the receiving parent picking him up after school. When there is no school, the parents shall continue the shared physical custody as outlined above and the exchanges shall occur at 9:00 am with the custodial parent transporting Ethan to the other parent's residence. C. The parents may alter said schedule and transportation obligations as the parties may mutually agree. Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D M M M D D D D D D M M M M M 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non-custodial parent. Counseling: The parents have agreed that therapeutic family counseling (with the focus on co- parenting) with a mutually-agreed upon professional would be beneficial to the parents and Ethan. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Evaluation: The parents have agreed to have Ethan undergo psychometric testing to determine if there is a learning disability. The parents shall determine when the testing shall occur, possibly at the end of the school year. 7. Each parent shall ensure that Ethan's homework is done in a timely manner and shall keep each other abreast of Ethan's educational issues. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 9. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Holiday periods shall supersede the regular physical custody schedule. 10. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and 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 agreement. 11. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. 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. The parents are cautioned that negative/hostile behavior or comments against the other parent have a detrimental effect on Ethan's emotional well-being and relationship with his parents. 13. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 14. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, P.J. Distribution: c ?J. Paul Helvy, Esquire, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 -° ol Andrew Sheely, Esquire, 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 X r, John J. Mangan, Esquire u'r .may ? j HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 8 am until 2 pm Mother Mother Easter Day 2" Half From 2 pm until 8 pm Father Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Thanksgiving Father Thanksgiving Day Father Father Thanksgiving Mother The weekend before or after Thanksgiving by agreement Mother Mother Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father Ethan's Birthday On Ethan's birthday Mother Father Ethan's Birthday The Saturday following Ethan's birthday from 12:00 pm until 6:00 pm Father Mother Mother's birthday 12:00 m until 6:00 pm Mother Mother Father's birthday 12:00 pm until 6:00 pm Father Father ct, JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1982 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: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ethan P. Mardis 03/11/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on November 23, 2009, an Order issued December 29, 2009, a conference was held May 25, 2010, an Order issued June 02, 2010, a conference was held November 08, 2010, an Order issued November 10, 2010 and a conference was held February 21, 2012 with the following individuals in attendance: The Mother, Heidie E. Mardis, and her counsel, Andrew Sheely, Esq. The Father, Jason P. Mardis, with his counsel, J. Paul Helvy, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J gan, Esquire Cust dy onciliator tf') rte' N C? N McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) phelvy(&-mwn.com Attorneys for Plaintiff JASON P. MARDIS, V. HEIDIE E. MARDIS, Plaintiff Defendant =1Lf --OFF1C F Ti-1E P R0 [-,H . T1^11 A j' 4U12 P'AR -8 PM 12: 44 t DMBERLAND C '1'$ } F PENNSYLVA IAA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT IN COMPLIANCE WITH Pa.R.C.P. 1920.33(b) 1. PROCEDURAL AND FACTUAL BACKGROUND The Plaintiff, Jason P. Mardis, (hereinafter referred to as "Husband"), and the Defendant, Heidie E. Mardis, (hereinafter referred to as "Wife"), were married on January 6, 2005 in Carlisle, Pennsylvania. Husband is 33 having been born on April 13, 1978. Wife is 35 having been born on May 5, 1976. There is one child born of the marriage: Ethan Mardis, born March 11, 2005. Husband is employed by MCC Services as a Janitor. Wife is unemployed, collecting unemployment benefits. The parties separated on April 6, 2009. On March 30, 2009, Husband filed and served a Complaint in Divorce upon Wife based on 3301(a) and (c) of the Divorce Code. Husband then filed a petition to include equitable distribution on December 1, 2011, a 3301(d) affidavit, and a Motion for Appointment of Master, indexed to the above term and number in the Court of Common Pleas, Cumberland County, Pennsylvania. Wife did not respond to the 3301(d) affidavit. On December 5, 2011, E. Robert Elicker, II, Esquire was appointed as Divorce Master. On January 13, 2012 a Notice was sent out scheduling the Pre-Hearing Conference for March 2, 2012. On March 2, 20012 a pre-hearing conference was held, and a master's hearing was scheduled for May 8, 2012. Husband files this Pre-Trial Statement in advance of the master's hearing in accordance with Pa.R.C.P. 1920.33(b). II. MARITAL ASSET(S): A list of Marital Assets is set forth in Husband's Pre-Trial Spreadsheet, which is attached hereto as Exhibit "A." and in Husband's Inventory Statement, which is attached hereto as Exhibit "B." Ill. NON-MARITAL ASSET(S): The details relating to the non-marital assets are set forth in Husband's Pre-Trial Spreadsheet, which is attached hereto as Exhibit "A." and in Husband's Inventory Statement, which is attached hereto as Exhibit "B." IV. WITNESSES: A. The parties will testify regarding the marital assets and debts; Husband reserves the right to supplement this list prior to the Hearing if additional witnesses are identified and call as if on cross any witness listed or called by Wife. 2 V. EXHIBITS: 1. Husband's Income/Expense Statement; 2. Husband's Inventory Statement; 3. Husband's Pre-Trial Spreadsheet; 4. Documentation regarding the value of the marital residence; 5. Documentation relating to the mortgage on the marital residence; 6. Documentation relating to the line of credit secured by the marital residence; 7. Documentation relating to the parties' Members First Checking/Savings Accounts; 8. Documentation relating to the parties' Members First loan; 9. Documentation relating to Husband's 2006 Ford F-350; 10. Documentation relating to Husband's Bank of America loan for said 2006 Ford F-350; 11. Documentation relating to Wife's unemployment; 12. Documentation relating to Wife's earning capacity; 13. Documentation relating to Wife's Bank of America credit card account; and 14. Documentation relating to Husband's Capital One account; VI. HUSBAND'S INCOME AND EXPENSES: See Husband's Income and Expense Statement, Expense statement, pay stub dated March 7, 2012, and 2011 Federal Income Tax Return, attached hereto as Exhibit "C." VII. COUNSEL FEES: To be provided at trial if necessary. 3 VIII. PERSONAL PROPERTY: To be provided at trial if distribution of personal property is in dispute. IX. MARITAL DEBT(S): A detailed listing of the marital estate, including the debts and their balances, is set forth in Husband's Pre-Trial Spreadsheet, which is attached hereto as Exhibit "A." X. PROPOSED RESOLUTION: Husband is willing to waive his interest in the equity of the marital residence and will also agree to waive his right to seek contribution from Wife for the marital debt he has assumed. Respectfully Submitted, McNEES WALLACE & NURICK LLC By J. P Hel - torney I 148 Attorneys for Plaintiff Dated: March 8, 2012 4 VERIFICATION I verify that the statements made in the foregoing document 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. E Jas ardis Dated:- ?- ???? (C2 (D 0 N -J O 'hh ? 0 V, O. ICD 7 C I N N va Q- ? 0 N N O 0) co Cv o 0. CD ..0 w ? O = N 0, b. m a? O O v 0o N CA > 3 w? IN ( 1L" p 0 10 n W _ -0 O ro N on C) O ro -I C- (D N N K N N I 91 (D ff C.) O to ID O N I : r N N c CD 75 ?? O D ?N. z , N O T! O O W O 7 * TT y +V co 0 Q. ? 00 N W W ? I ? Z -.1 C = Q 6 41 4 Q Qq W - I N to .- O N O G 3 N O (D ?. O ^a . i V N ?'' o OD Q9 G fl y -4 = a (31 0) N pJ1 Nq ) O N 00 OD A ? 0 ? O ? W ..' i = ?° N -+ > > N • ? ? -s t4 >> N N N pa) N N N G to G t9 fi 0. .a N> N ?y W P O C) N NO o ? N O > ? -- 04 91 r. W = r0 ? U O K 7 '41 C1 ° oo? 0` 0 0 0 0?cu Q 0 ) 0 a? (1) 7C -? ?- Q.. 'd y r te.. a°C ::3 m ? O 0 CD 0 (A G Un 0 7 N ?. ' 0 < N O 1 SD Z CD O E 5 0 cs 0 u a ? i°v I ?I N. O p N ' tD ^d cjMg .:3 NN - t?! a a (D z N O _ S O? 00 00 ' O' i I N 0 O " Al 41 O = a C ? J n 4rqZ_ tll . CL a 6 o U) a r? CD ? m I o ° N a(A 3 .. En 0 N 0° N 3-•? K a 03ro N {? ?m t9 CD M ., 0 . %e- -0 n ?mo CD W :S rn o O 0 a O O?`N ? Oa 0 a a N& tO N h N O N 3 m cts o `'' m =3 s CD -0 w ca ro N O N ?? ?? ?? McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) phelvy(aD-mwn.com Attorneys for Plaintiff JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INVENTORY PURSUANT TO Pa. R.C.P. 1920.33(a) ® Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ® Plaintiff verifies that the statements made in this inventory are true and correct. ® Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ? 4904 relating to unsworn falsification to authorities. Date: ';?'q .-- --P- Ak .4 1 1 Jason . Mardis, Plain i JAS23625:1 ASSETS OF PARTIES ® Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ® 1. Real property ® 2. Motor vehicles ? 3. Stocks, bonds, securities and options ? 4. Certificates of deposit ® 5. Checking accounts, cash ® 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties ? 14. Personal property outside the home ? 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, workman compensation claim/award ? 17. Profit-sharing plans ? 18. Pension plans (indicate employee contribution and date plan vests) ? 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatured) ? 22. MilitaryN.A. benefits ? 23. Education benefits ® 24. Debts due, including loans, mortgages held ® 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ? 26. Other (A823625:) 2 f MARITAL PROPERTY ® Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property of all Owners 82 Bonn brook Road, Carlisle, PA Wife Member's First checking and savings accounts, Joint 2179 (AB23625:) 3 I NON-MARITAL PROPERTY ® Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Names of all Owners 1999 Oldsmobile Intrigue Husband AES student loans Husband Member's First Visa, 0011 Husband HSBC credit card Husband Bedroom set gifted b Husband's mother Husband 2011 VW CC Husband Debt owed to VW of America Husband {A823625:} 4 PROPERTY TRANSFERRED Person To Item Date of Whom Number ' Description of Property Transfer Consideration Transferred 2006 Ford F-350 Amarillo 9/08 traded in Bank of America loan on 9/08 paid off with 2006 Ford F-350 trade-in 2009 SkiDoo MX2 $4,400, which was used to pay off Member's First loan 2003 SkiDoo MX2 4/09 $2.400 1997 TI_10005 St. Bike 6/10 $3,200 non-marital {A823625:} LIABILITIES Item Number Description of Liabilities Names of All Creditors Names of All Debtors Wells Faro mortgage, 2809 Wife Sovereign line of credit, 0846 Joint Capital One, 2371 Husband Member's First Visa, 2371 Husband Bank of America, 6321 Wife {A823625:} VERIFICATION I verify that the statements made in the foregoing document 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. Ja ardis Dated: 1? 'q' (? CERTIFICATE OF SERVICE AND NOW, this 8th day of March, 2012, 1 hereby verify that I have caused a true and correct copy of the foregoing Pretrial Statement, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Amanda elty, Legal S cretary 5 ?? ?? u JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1982 HEIDI E. MARDIS, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT EMPLOYER: MCC Services ADDRESS: 1010 Chippenham Road, Mechanicsburg, PA 17050 TYPE OF WORK: Janitorial PAY PERIOD: X Weekly; _ Bi-Weekly; Monthly GROSS PAY PER PERIOD: $540/week; $2,423/month ITEMIZED PAYROLL DEDUCTIONS DESCRIPTION MONTHLY Federal Withholding $ 52 Social Security '102 Local Wage Tax 39 State Income Tax 74 Medicare 35 Retirement 0 Savings Bonds 0 Credit Union 0 Life Insurance 0 Health Insurance 0 Other 0 TOTAL: $302 DESCRIPTION MONTHLY Interest 0 Dividends 0 Pension 0 Annuity 0 Social Security 0 Rents 0 Royalties 0 Expense Account 0 Gifts 0 Unemployment Comp. 0 Worker's Comp. 0 TOTAL INCOME: $2,121/net/month (A1758956:1) EXPENSES DESCRIPTION MONTHLY HOME Morta e/rent* $ 350 Maintenance* 20 Electric* 40 Gas 0 Oil* 35 Tele hone/Cell* 144 Water/Sewer* 30 Garbage Removal 0 EMPLOYMENT Public Transportation 0 Lunch 0 TAXES Real Estate 0 Personal Property Income on Alimony) 0 INSURANCE Homeowners 0 Renters 9 Automobile 64 Life 0 Health 0 AUTOMOBILE Payments 338 Fuel 60 Repairs 17 _ MEDICAL THERAPIST Doctor/counseling 0 Dentist 0 Medicine 0 Special Needs i.e., lasses 0 EDUCATIONAL Private/Parochial School (after scholarship) 222 College 0 Religious 0 *Plaintiffs portion (these costs are shared with his fiance) {A1758956:1) DESCRIPTION MONTHLY PERSONAL Clothing $ 17 Food 125 Barber/Hairdresser 0 D cleaning 0 Incidentals/Cosmetics 0 Memberships 0 CREDIT PAYMENTS Charge Accounts 53 Credit Cards 85 LOANS Credit Union 0 MISCELLANEOUS Household Help 0 Pet Supplies and Vet Bills 80 Child Care 0 Papers/Books/Magazines 0 Entertainment 0 Pa TV 0 Vacation 125 Gifts 30 Le al Fees 286 Charitable Contributions 0 Other Child Support 230 Alimony Payments 0 TOTAL: $2,3601 {A1758956:11 PROPERTY OWNED: DESCRIPTIONS VALUE -OWNERSHIP H, W, J Checking Member's First 4.16 Husband Savings Account Member's First 5.00 Husband Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE: COMPANY POLICY NUMBER *COVERAGE H, W, J HOSPITAL Blue Cross Other Hi hmark BlueShield ZAR104071297001 Husband .MEDICAL Blue Shield Hi hmark BlueShield ZAR104071297001 Husband Other Health/Accident Disability Income Dental United Concordia ZAR104071297001 Husband Other * H = Husband; W = Wife; J = Joint; C = Child {A1758956:11 VERIFICATION I verify that the statements made in the foregoing document 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. Jas Mardis Dated: ?5 - ?/ , GA, CERTIFICATE OF SERVICE AND NOW, this 8th day of March, 2012, 1 hereby verify that I have caused a true and correct copy of the foregoing Pretrial Statement, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Amanda elty, Legal Secretary/ 5 MCC SERVICES, WC 2245 Erployee SSN ___ Status Fed/Stated Allowances/Extra Jascn F Mardis' 131 A Green ST, Mechanicsburg, PA 17055 -"-4198 Married Fed-4/0/PA-010 Pay Period: 02/13/2012 - 02/19/2012 Pay Date: 03/07/2012 Earrirngs<mdHo irs Qty _ Rate Current YTD Amount Salary 540.00 5,400.00 Deducticns_FronGross _ Current YTD Amount PA SC D J -53.08 -530.80 Taxes WESTAI3 EIT Federal Withholding Social Security E=iiployee Med--care Employee PA - Withholdirg PA - Unemployment Employee Net Pay _ Current YTD Amount -8.64 -86.40 -9.00 -81.00 -33.48 -237.60 -7.83 -78.30 -16.58 -149.22 -0.39 -3.90 -75.92 -636.42 411.00 4,232.78 Symphony, 1010 Chi ppenham Road, Mechanicsburg, PA. 17050, MCC SERVICES, INC. Mar 05 12 09:49a Damonic Industries 717-4588111 p.6 £? Department of the Treasury-Internal Revenue Service (99) u U.S. Individual Income Tax Return OMB No. 1545-0074 IRS UseOnty-Do not wreor stapein INS Spece. For the year Jan, 1-Dec. 31, 2011, or other tau year beginning 2011, ending '20 See separate instructions. Your first name and initial Last name Your social security number JASON P. MARDIS 1 7 7 1 6 6 14 1 9 8 If a joint return, spouse's fast name and initial Last name Spouse's social security number t i Home address (number and street). If you have a P.O. box, see instructions. Apt, no, Make sure the SSN(s) above 817 HOGESTOWN ROAD and on line 6c are correct, City, town or post office, state, and ZIP code. It you have a foreign address, also complete spaces below (see irstrurctions). Presidential Election Campaign MECHANICSBURG, PA. 17050 Check hem4Sw.oryour spouse ifiling Foreign country name Foreignprovince/county Foreign postal code pindy, want$3 to go to this l nd. theWq aboxbebwvdllnot citxgeyourtaxor refund. C] You ? spouse Filing Status 1 ? Single 4 ?? Head of household (with qualifying person). (See Instructions.) If 2 ? Married filing jointly (even if only one had income) the qualifying person is a child but not your dependent, enter this Check only one 3 ? Married filing separately. Enter spouse's SSN above child's name here. ? box. and full name here. ? 5 [] Qualifying wdow( er ) with dependent child Exemptions 6a ? Yourself. If someone can claim you ass dependent, do not check box 6a . Boxes checked ? Spouse on Sa and 6b 1 b No of children If more than four dependents, see instructions and check here ? ? c Dependents: (7) First name t astname '// (2) Dependent's social security number {9) Dependerd s rd7n-tbrghip to you (4) / 6 child under age 17 qualifying for chid tax credit (seeInstruttlons) ETHAN P. MARDIS Sfkl a l otai numner of exemptions cialmed Income 7 wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . 8a Taxable Interest. Attach Schedule B if required . . . . b Tax-exempt interest. Do not include on line 8a . . . 18b I Attach Form(s) W-2 here Also ga Ordinary dividends. Attach Schedule 8 if required ' ' . attach Forms b Qualified dividends . . . . . . . . . ? ? i W-20 and 10 Taxable refunds, credits, or offsets of state and local income taxes . . . . . . 1099-R if tax 11 Alimony received . . . . . . . . was withheld. 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? ? If you did not get a W-2, 14 Other gains or (losses). Attach Form 4797 . see instructions. 15a IRA distributions 158 b Taxable amount . . . 16a Pensions and annuities 16a b Taxable amount . . . 17 Rental real estate, royalties, partnerships, S corporations trusts etc. Attach Schedule E Enclose, but do 18 Farm income or (loss). Attach Schedule F . , , not attach, any payment. Also, 19 Unemployment compensation . . . . . . . . . . . . . please use 20a Social security benefits 120a I I I b Taxable amount . . . Form 10404. 21 Other Income. List type and amount 22 Combine the amounts In the far right column for lines 7 through 21. This is your total Income ? 23 Educator expenses . . . . . . 23 Adjusted Gross 24 Certain business expenses of reservists, performing artists, and Income fee-basis government officials. Attach Form 2108 or 2106-EZ 24 25 Health savings account deduction. Attach Form 8689 . 25 26 Moving expenses. Attach Form 3903 . . . . . , 26 27 Deductible part of self-employment tax. Attach Schedule SE 27 28 Self-employed SEP, SIMPLE, and qualified plans . 28 29 Self-employed health insurance deduction . . . . 29 30 Penalty on early withdrawal of savings . . . . 30 31a Alimony paid b Recipient's SSN ? 31a 32 IRA deduction . . . . . . . . . . . . . 32 33 Student loan interest deduction . . . . . , . . 33 155 O( 34 Tuition and fees. Attach Form 8917. . . . , . . 34 35 Domestic production activities deduction. Attach Form 8903 35 36 Add lines 23 through 35 . . . . . . . . . . . . . . . . . . . Ic- t\i&A.w.- A ' 37 A Subtract line 36 from line 22. This Is your adjusted gross income ? rt P on So who: • gved with you • did not live with you due to divorce or separation (see Instructions) Dependents on tic not entered above ^ Add numbers on 1 F2 Qnes above ? 7 29080 1 00 36 rnrar-v . - anal annrwork Reduction Act Notice. see separate Instructions. Cat. No. 113208 290801 00 155 00 28925 00 Form 1040 (2011) Mar 05 12 09:59a Damonic Industries 717-4588111 P,1 Form 1040 (2011) Page 2 TaX and 38 Amount from line 37 (adjusted gross income) . . . . . . . . . 38 28925 00 Credits 390 Check ( ? You were horn before January 2, 1947, E] Blind. 1 Total boxes t J if: ? Spouse was born before January 2, 1947, C] Blind. checked ? 39a Standard b If your spouse itemizes on a separate return or you were a dual-status alien, check here? 39b? for- n 40 itemized deductions (from Schedule A) or your standard deduction (see left margin) iii 40 500 0 • People who 41 Subtract fine 40 from line 38 . . . . . . . . . . . . . . . . . 41 20425 00 check any box on line 42 Exemptions. Multiply $3,700 by the number on line 6d . . . • 42 7400 00 39a or 39b or who can be 43 Taxable Income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0- 43 13025 00 clamed as a 44 Tax (see instructions). Check if any from: a ? Form(s) 8814 b ? Form 4972 c ? 962 election 44 1346 00 dependent, 45 Alternative minimum tax (see Instructions). Attach Form 6251 . . . . . . . . . 45 Instructions. ll • h h 46 Add lines 44 and 45 . . . . . . . ? 46 1346 00 ot A ers: Stn le 47 Foreign tax credit. Attach Form 1116 if required . 47 i 41 Married filing l 48 Credit for child and dependent care expenses. Attach Form 2441 48 y, separate $5,800 49 Education credits from Form 8863, line 23 49 Married filing 50 Retirement savings contributions credit. Attach Form 8880 50 Jointly or Quell. ingg 51 Child tax credit (see instructions) . . . . . . . . 51 1000 00 $11 wriclow( ,600e11, $11,60 52 Residential energy credits. Attach Form 5695 . . . . 52 ,,1! ! Head of 53 Other credits from Form: a ? 3800 b ? 8801 c ? 53 Ali 5 household, 54 Add lines 47 through 53. These are your total credits . . . . . . . . . . . . 54 1000 00 55 Subtract line 54 from line 46. If line 54 is more than line 48, enter -0 ? 346 00 Other 56 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . . 56 Taxes 57 unreported social security and Medicare tax from Form: a ? 4137 b ? 8919 57 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required 58 59a Household employment taxes from Schedule H . . . . . . . . . . . 59a b First-time homebuyer credit repayment, Attach Form 5405 if required 59b 60 Other taxes. Enter code(s) from instructions 6o 61 Add lines 55 through 60. This is our total tax 10. 61 346 00 Payments 62 Federal income tax withheld from Forms W-2 and 1099 . . 62 620 00 ^ 'I. 63 2011 estimated tax payments and amount applied from 2010 return 63 If you have a 64a Earned income credit (EIC) . . , . . ualif in 64a 1115 00 y q g child, attach Schedule EIC. b Nontaxable combat pay election 64b 65 Additional child tax credit. Attach Form 8812 . . . . . . II II II'll 65 66 American opportunity credit from Form 8853, line 14 . . . 66 67 First-time homebuyer credit from Form 5405, line 10 . . . 67 68 Amount paid with request for extension to file . . . . . 68 69 Excess social security and tier 1 Ri rrA tax withheld . . . . 69 i (I I?r 70 Credit for federal tax on fuels. Attach Form 4138 . . . . 70 71 Credits from Form: a ? 2439 b ? 8839 c ? 8801 d ? 8a85 71 72 Add lines 62, 63, 64a, and 65 through 71. These are your total p ayme nts . ? 72 1735 00 Refund 73 If line 72 is more than line 61, subtract line 61 from line 72. This is the amount you overpaid 73 1389 00 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here ? ? 74a 1369 00 Direct deposit? ? b Routing number i ? e T e: ? Checking ? Savings See ? d Account number i I I I , I Instructions, 75 Amount of line 73 you want applied to our 2012 estimated tax ? 75 Amount 76 Amount you owe. Subtract line 72 from line 61. For details on how to pay, see Instructions > Yrsu n%ma I __ I I 76 .w. .... ,v?+ nr rr 1 1 .,."Ni Third Party De you want to allow another person to discuss this return with the IRS (see instructions)? ? Yes. Complete below. ? No Designee Designee's Phone Personal identification name ? no ? number (PIN) ? Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief. Here they are true, correct, and complate. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Joint return? See Your signature Date Your occupation Daytime phone number instructions. Keep a copy for Spouse's signature. It a joint retum, both must sign. Date Spouse's occupation If the IFISstntyou an Idol" Plutectiat your records. PK en1W Paid Print/Type preparer's name I Preparer's signature Preparer -- Use Only c=um's name I? Date Check ? if 's ON ? Form 1 ILM (2011) Mar 05 12 09:59a SCHEDULE EIC (Form 1040A or 1040) Department of the Treasury Internal Revenue Service (9! Name(s) shown on return JASON P. MARDIS Damonic Industries 717-4588111 Earned Income Credit 1040A , Cualifying Child Information 1040 Complete and attach to Form 1040A or 1040 EIC only if you have a qualifying child. p.2 OM9 No. 1545-0074 12011 Attachment I;eq 43 uence No. Your social security number 177664198 Before you begin: ' Seethe instructions for Form 1040A, lines 38a and 38b, or Form 1040, lines 64a and 64b, to make sure that (a) you can take the EIC, and (b) you have a qualifying child. • Be sure the child's name on line 1 and social security number (SSN) on line 2 agree with the child's social security cud. Otherwise, at the titre we process your reran, we may reduce or disallow your EIC. If the name or SSN on the child's social security card is not correct, call the Social Security Administration at 1-800-772-1213. • If you take the EIC even though you are not eligible, you may not be allowed to take the credit for up to 10 years. See page 2 for details. • It will take us longer to process your return and issue your refund if you do not fill in all lines that apply for each qualifying child. Qualifying Child Information Child 1 Child 2 Child 3 1 Child's name First name Last name First name Last name First name Last name If you have more than three qualifying children, you only have to list three to get ETHAN P. MARDIS the maximum credit. 2 Child's SSN gg- g)- o66 The child must have an SSN as defined in the instructions for Form 1040A, lines 38a and 38b, or Form 1040, lines 64a and 64b, unless the child was born and died in 2011. If your child was born and died in 2011 and did not have an SSN, enter "Died" on this line and attach a copy of the child's birth certificate, death certificate, or hospital medical records. 3 Child's year of birth Year 2 0 0 5 Year Year lfhorn after 1992 and the chip was If born afar 1992 and the child was lfborn after 1992 and the child was younger that you (or your spouse, i filing 'ointl ), skip lines 4a and 4b; go totne 5Y younger than: you (oryour spouse, i filing /ointly), .skip liner 4a and 4b: go to bonne 5. ,murtger than you for your spouse, if fling /?uuly}, skip lines 4a and 4b; go to Tsne S. 4 a Was the child under age 24 at the end of er than you (or 2011 a student and oun ? N ? Y ? No ? Y ? Yes ? No , , y g your spouse, if filing jointly)? o. es. . es. . . Go to line 5. Go to line 4b. Go to line 5. Go to line 4b. Go to line .5. Go to line 4b. b Was the child permanently and totally disabled during any part of 2011? 1:1 El ? ? ? ? Yes. No. Yes. No. No. Yes. Go to The child is not a Go to The child is not a Go to The child is not a line S. qualifying child. lute 5. qualifying child. line 5. qualifying child. 5 Child's relationship to you (for example, son, daughter, grandchild, SON niece, nephew, foster child, etc.) 6 Number of months child lived with you in the United States during 2011 • If the child lived with you for more than half of 2011 but less than 7 months, enter "7." • If the child was born or died in 2011 and 12 months months months your home was the child's home for the entire time he or she was alive during Do not enter more than 12 Do not enter more than 12 Do not enter more titan 12 2011, enter "12." months. months. months. For Paperwork Reduction Act Notice, see your tax Cat. No. 13339M soneaun wu 1"rm ruwn or suwt zu 11 return instructions. Mar 05 12 10:00a Damonic Industries 717-4588111 p.3 a Em b 'sSSN 177-66-4198 b Empl lden icationru?nberom 25-1709816 OMB No. 1545.0008 C Employees name, address, and ZIP code 1 Wos, tips. other com 2 Fed inc tax wi#*Wd 3 Social security wages MCC SERVICES, :INC. 29080.00 620.00 29080.00 FOrm W-2 SYMPHONY 4 SSW withheld 5 Medbare wages & tl 6 Medicare tax withheld Wa e and 1010 CHIPPENHAM ROAD 1221.36 29080.00 421.66 g MECHANICSBURG 7 S l ci 8 Tax o a security tips A{bcstedtips PA. 17050- PA 17050 Statement d control number 70 Mont are benefits 11 NonqualNied plans a 2011 e Employee's name, address, and ZIP code Suit. 13 14 Otter 12b Statutory employee ? PA-SU I 19.46 JASON P MARDIS' 12C Copy 8ToBeFlied wth F 131 A GREEN ST Retirement plan .. ? T.mpo=s FEpWML MECHANICS$URG PA 17055 - 12d This information Is being hrmishedto thelntemal TI*d-padv sick pay f 11 I Revenue service. 15 State Employ4 state ID number 16 State wages, Ups, etc 17 State Income tax 18 Local wages, tips, etc 19 Local income tax 20 Locality name _ PA 7230_580____ 29080 00 892;86 ____2908000 ____ 465_28 WSTB 08MW2B2C 04109111 Department of the Treasury - IRS CERTIFICATE OF SERVICE AND NOW, this 8th day of March, 2012, I hereby verify that I have caused a true and correct copy of the foregoing Pretrial Statement, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 J A Ah-6ndla Felty, Legal Secretary 5 McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I . D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) phelvy(cD-mwn.com Attorneys for Plaintiff JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant c- . M %:10 fµ_ cn - i sue, a, C) , --, C- -CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INVENTORY PURSUANT TO Pa. R.C.P. 1920.33(a) ® Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ® Plaintiff verifies that the statements made in this inventory are true and correct. ® Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ? 4904 relating to unsworn falsification to authorities. Date: '?) 'q - 0 VIA, Jason P. Mardis, Plain {A823625:} ASSETS OF PARTIES ® Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ® 1. Real property ® 2. Motor vehicles ? 3. Stocks, bonds, securities and options ? 4. Certificates of deposit ® 5. Checking accounts, cash ® 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties ? 14. Personal property outside the home ? 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, workman compensation claim/award ? 17. Profit-sharing plans ? 18. Pension plans (indicate employee contribution and date plan vests) ? 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatured) ? 22. MilitaryN.A. benefits ? 23. Education benefits ® 24. Debts due, including loans, mortgages held ® 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ? 26. Other {A823625:) 2 MARITAL PROPERTY ® Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 82 Bonn brook Road, Carlisle, PA Wife Member's First checking and savings accounts, Joint 2179 (A823625:) 3 NON-MARITAL PROPERTY ® Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property of all Owners 1999 Oldsmobile Intrigue Husband AES student loans Husband Member's First Visa, 0011 Husband HSBC credit card Husband Bedroom set gifted b Husband's mother Husband 2011 VW CC Husband Debt owed to VW of America Husband {A823625:} 4 PROPERTY TRANSFERRED Person To Item Date of Whom Number Description of Property Transfer Consideration Transferred 2006 Ford F-350 Amarillo 9/08 traded in Bank of America loan on 9/08 paid off with 2006 Ford F-350 trade-in 2009 SkiDoo MX2 $4,400, which was used to pay off Member's First loan 2003 SkiDoo MX2 4/09 $2.400 1997 TL10005 St. Bike 6/10 $3,200 non-marital) {A823625:j LIABILITIES Item Number Description of Liabilities Names of All Creditors Names of All Debtors Wells Faro mortgage, 2809 Wife Soverei n line of credit, 0846 Joint Capital One, 2371 Husband Member's First Visa, 2371 Husband Bank of America, 6321 Wife {A823625:) VERIFICATION verify that the statements made in the foregoing document 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. Ja ardis Dated: /? 'q- (9 CERTIFICATE OF SERVICE AND NOW, this 8th day of March, 2012, 1 hereby verify that I have caused a true and correct copy of the foregoing Pretrial Statement, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Amanda elty, Legal S cretary 5 JASON P. MARDIS, Plaintiff V. HEIDI E. MARDIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT EMPLOYER: MCC Services ADDRESS: 1010 Chippenham Road, Mechanicsburg, PA 17050 TYPE OF WORK: Janitorial PAY PERIOD: X Weekly; _ Bi-Weekly; Monthly GROSS PAY PER PERIOD: $540/week; $2,423/month ITEMIZED PAYROLL DEDUCTIONS DESCRIPTION MONTHLY Federal Withholding $ 52 Social Security 102 Local Wage Tax 39 State Income Tax 74 Medicare 35 Retirement 0 Savings Bonds 0 Credit Union 0 Life Insurance 0 Health Insurance 0 Other 0 TOTAL: $302 DESCRIPTION MONTHLY Interest 0 Dividends 0 Pension 0 Annuity 0 Social Security 0 Rents 0 Royalties 0 Expense Account 0 Gifts 0 Unemployment Comp. 0 Worker's Comp. 0 TOTAL INCOME: $2,121/net/month -- r -<= CO Cf r C 7> ' -- _ sr {A1758956:1} EXPENSES DESCRIPTION MONTHLY HOME Morta e/rent* $ 350 Maintenance* 20 Electric* 40 Gas 0 Oil* 35 Tele hone/Cell* 144 Water/Sewer* 30 Garbage Removal 0 EMPLOYMENT Public Transportation 0 Lunch 0 TAXES Real Estate 0 Personal Property Income (on Alimony) 0 INSURANCE Homeowners 0 Renters 9 Automobile 64 Life 0 Health 0 AUTOMOBILE Payments 338 Fuel 60 Repairs 17 MEDICAL THERAPIST Doctor/counseling 0 Dentist 0 Medicine 0 Special Needs (i.e., lasses 0 EDUCATIONAL Private/Parochial School (after scholarshi 222 College 0 Religious 0 *Plaintiffs portion (these costs are shared with his fiance) (Al 758956:1 } FUESCRIPTION MONTHLY P NAL Clothing $ 17 Food 125 Barber/Hairdresser 0 D cleaning 0 Incidentals/Cosmetics 0 Memberships 0 CREDIT PAYMENTS Charge Accounts 53 Credit Cards 85 LOANS Credit Union 0 MISCELLANEOUS Household Help 0 Pet Supplies and Vet Bills 80 Child Care 0 Papers/Books/Magazines 0 Entertainment 0 Pa TV 0 Vacation 125 Gifts 30 Le al Fees 286 Charitable Contributions 0 Other Child Support 230 Alimony Payments 0 TOTAL: -$2,36011 {A1758956:1) PROPERTY OWNED: DESCRIPTIONS VALUE *OWNERSHIP H, W, J Checking Member's First 4.16 Husband Savings Account Member's First 5.00 Husband Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE: COMPANY POLICY NUMBER *COVERAGE H, W, J HOSPITAL Blue Cross Other Hi hmark BlueShield ZAR104071297001 Husband MEDICAL Blue Shield Hi hmark BlueShield ZAR104071297001 Husband Other Health/Accident Disability Income Dental United Concordia ZAR104071297001 Husband Other * H = Husband; W = Wife; J = Joint; C = Child {A1758956:1} VERIFICATION I verify that the statements made in the foregoing document 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. Jas Mar is Dated: - ?- CERTIFICATE OF SERVICE AND NOW, this 8tn day of March, 2012, 1 hereby verify that I have caused a true and correct copy of the foregoing Pretrial Statement, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Amanda eity, Legal Secretary 5 JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 r-? -3 C- CIVIL ACTION - LAW =-M a IN DIVORCE r--J 5 5 E") M C:. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 30, 2009. 2. The marriage of Plaintiff and Defendant is I co A Ca irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of 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.A. Section 4904 relating to unsworn falsification to the authorities. r° -4 CD -r DATE : Heidie E. Mardis JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -;, V. NO. 2009-1982 rn rri " J -< . HEIDIE E. MARDIS, CIVIL ACTION - LAW ?+y = Defendant IN DIVORCE T? C; WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE : S/Bl,-2- Heidie E. Mardis JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA V. NO. 2009-1982 v' HEIDIE E. MARDIS, : CIVIL ACTION - LAW rnm Defendant : IN DIVORCE AFFIDAVIT OF CONSENT C71 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 30, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE : Jam' Jason P. M rdis JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW: IN DIVORCE --4 -TW WAIVER OF NOTICE OF INTENTION TO REQUEST' -t ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: Jason P. 4mrd'i'Lsa JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1982 HEIDIE E. MARDIS, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this I/ day of 7&Zj, , 2012, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on May 8, 2012, the date set for a hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. By the Court, X09. Kev' A. Hess, P. J. CC: / Paul Helvy Attorney for Plaintiff drew C. Sheely Attorney for Defendant r -? . h ?. 5 JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLL,NT_? V. NO. 2009-1982 iT`i s=;f EIDIE E. MARDIS, H CIVIL ACTION - LAW (nr- 7-06 cD Defendant IN DIVORCE ' fl -- THE MASTER: Today is Tuesday, May 8, 2012. -<T]:&s is the date set for a hearing in the above-captioned divorce proceeding. Present in the hearing room are the Plaintiff, Jason P. Mardis, and his counsel, J. Paul Helvy. Also present is the Defendant, Heidie E. Mardis, and her counsel, Andrew C. Sheely. The action was commenced by the filing of a complaint in divorce on March 30, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. The divorce complaint did not raise any economic claims. With respect to grounds for divorce, although husband filed an affidavit under Section 3301(d) averring a separation in excess of two years, nevertheless, the parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree. Therefore, we will not need to proceed under the two year separation statute provisions. The affidavits and waivers will be filed by the Master's office with the Protonotary's office and the divorce can conclude under Section 3301(c) of the Domestic Relations Code. On September 1, 2011, the husband filed a petition for equitable distribution. Neither party has filed a claim for counsel fees or alimony. The parties, after negotiations, have reached an agreement with respect to the outstanding claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today, they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. The agreement is going to be transcribed and after corrections have been made of a typographical nature, the parties and counsel will be asked to return to have the parties and counsel sign the agreement affirming the terms of settlement as stated on the record. We had an off the record discussion and counsel and the parties have agreed that they are satisfied to affirm the agreement verbally after it's placed on the 2 record and will not need to return today to sign the agreement. The parties and counsel agree that the agreement can be forwarded to the Court with the order to vacate the Master's appointment without the agreement having been signed by the parties. A copy of the agreement, however, will be sent to counsel and the parties after it has been transcribed for their file and records. The parties were married on January 26, 2005, and separated on March 27, 2009. There's one minor child of the marriage, and the parties share custody of that child. Mr. Helvy. MR. HELVY: The parties have reached the following agreement: 1. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. 2. Wife represents and warrants to husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save harmless husband from any and all claims or demands incurred by her. The only exception to this representation by wife is that she acknowledges that she did take a $2,700.00 draw on the line of credit encumbering the marital residence after the date of separation and that line 3 of credit is in joint names and will be addressed later on in this agreement. 3. Husband represents and warrants to wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save harmless wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. Subject to the provisions of this agreement, each party has released and discharged and by this agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators, and assigns release and discharge the other of and from all causes of actions, claims, rights, or demands whatsoever in law or equity which either of the parties ever had or now has against the other except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this agreement. Husband and wife specifically release and waive any and all rights he or she might have to raise claims under the divorce code and any amendments thereto including, but not limited to, claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a 4 party brings an action to enforce this agreement under the divorce code does not give either party the right to raise other claims under the divorce code specifically waived and released by this paragraph. 5. The parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have previously been used by them in common and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 6. Husband agrees to transfer any and all right, title, and interest in and to the real estate located at 82 Bonnybrook Road, Carlisle, PA, now titled in wife's name alone to wife and agrees to immediately execute now or in the future any documents or papers necessary to effect such transfer of interest upon wife's request. Husband further acknowledges that he has no claim, right, interest, or title whatsoever in said property except as set forth herein and further agrees never to assert any claim to said property in the future. The 82 Bonnybook Road property is encumbered by two loans. The first loan is a mortgage with Wells Fargo, 5 account number XXX 3809 with an approximate balance of $71,000.00. Wife agrees that she shall make all payments on said loan in a timely manner and agrees to indemnify and hold husband harmless for any and all liability associated with this loan. The 82 Bonnybrook Road residence is also encumbered by a Sovereign line of credit, account number XXX 0846 that is held jointly by husband and wife. Wife agrees to make all payments on this loan in a timely manner and agrees to indemnify and hold husband harmless from any liability associated with this loan. The parties acknowledge that it is husband's desire to have his name removed from the joint Sovereign line of credit mentioned above and have agreed that there are certain conditions that may require the home to be sold. In the event that wife does not take the necessary steps to satisfy or refinance the Sovereign line of credit within 36 months of today's date, the house will promptly be listed for sale. In addition, if at any time wife fails to make the payments on the Wells Fargo mortgage or on the Sovereign line of credit within ten days of the due date of those payments, the house will be immediately listed for sale. Upon request from husband, wife will sign the necessary documents to enable husband to check on the status of both the Wells Fargo loan and the Sovereign line of 6 credit. In the event that either of the above conditions are met requiring the sale of the home, wife will have 15 days from the date of either of the events set forth above (passage of 36 months or failure to make timely payments) to select a realtor and sign a listing agreement. If wife does not select a realtor and sign a listing agreement within 15 days, husband shall have the right to select a realtor and sign a listing agreement and wife shall promptly sign said listing agreement. Failure of wife to comply with these terms will result in a breach as will be addressed later on in this agreement. The home will be listed for sale at a price to be determined by the realtor. After the first thirty days each month that passes from the date of the listing of the residence for sale, the listing price shall be reduced by two percent until such time as the home is sold. Throughout the course of wife residing in the residence and through the period of time when the house is being listed for sale, wife will continue to be solely responsible for the mortgage payment and the payment on the line of credit. Wife will also be solely responsible for making all taxes, insurance, and other payments associated with the house. 7 It is agreed by the parties that upon the sale of the house, if there are any proceeds remaining or any funds remaining in escrow on either of the two loans, those proceeds and the escrow funds will be wife's sole property. The parties further agree that in the event that the house sells for less than the combination of the payoff figures on the loans and the cost of sale and any other debts and liabilities associated with the house, that shortage shall be wife's sole responsibility and wife will indemnify and hold husband harmless for any liability associated with the shortage or the deficit between the amount owed on the house and the amount that is received from the sale. Wife acknowledges that she is currently making interest only payments on the line of credit. The parties have agreed that starting November 2012 wife will make interest payments plus an additional $120.00 per month towards the principal. Failure to comply with this provision will trigger the provision set forth herein regarding the sale of the house. Nothing herein shall prevent wife from either refinancing one or both of the loans or listing the house for sale at any point in time going forward. 7. Both husband and wife acknowledge that they have acquired vehicles, and both parties agree to waive any 8 right, title, and interest they have in the other party's vehicle. Each of the party's vehicles are titled in their own name. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take an intestacy, right to take against the will of the other, right to act as administrator or executor of the other's estate and each will, at the request of the other, execute and acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 9. This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 10. Both parties have signed affidavits of consent and waiver of notice of intention to request entry of divorce pursuant to 3301(c) of the Divorce Code 9 contemporaneous with the signing of this agreement. These documents have been provided to the Master. Upon receipt of an order vacating the divorce master's appointment as the master in this case, counsel for husband shall file a praecipe to transmit the record and file the necessary documents to obtain a decree in divorce. 11. If either party breaches any provision of this agreement, the other party shall have the right at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 12. Each of the parties shall from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 13. This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 14. Any modification or waiver of any of the provisions of this agreement shall be effective only if made 10 in writing and executed by the parties. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. The parties accept the provisions of this agreement in lieu of and in full and final settlement in satisfaction of all claims and demands they may now or hereinafter have against each other for their support and maintenance and also alimony, alimony pendente lite, counsel fees, or for any other provision for their support and maintenance and also alimony, alimony pendente lite, counsel fees, costs and expenses, and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction in any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or other jurisdiction or any other counsel fees, costs, or expenses incurred or to be charged by any counsel arising in any matter whatsoever except for the breach of this agreement. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16. It is understood and agreed that any and all property settlement agreements which may have been executed 11 prior to the date and time of this agreement are null and void and have no effect. 17. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself in his or her heirs, executors, administrators, and assigns that he or she will never at any time sue the other party or his or her heirs, executors, administrators, or assigns in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there is any absence or lack of full proper and independent representation. THE MASTER: Would you like to go on the record with your client. BY MR. HELVY: 12 Q Mr. Mardis, have you heard the agreement that was just placed on the record? A Yes. Q And do you understand the terms? A Yes. Q And do you agree with those terms? A I agree. Q And do you agree to be bound by those terms? A Yes. BY THE MASTER: Q And you understand you're bound by the terms even though there's no signature on the agreement? A Yes. Q And you're bound when you leave this room today? A Yes. THE MASTER: Mr. Sheely. BY MR. SHEELY: Q Heidie, were you present throughout the dictation of the terms of this agreement? A Yes. Q Do you understand the terms of the agreement? A Yes. Q Do you agree to the terms of the agreement? A Yes. 13 Q Do you understand you've had the opportunity to ask questions about the terms and conditions set forth in the agreement? A Yes. Q Are you under any type of medication or other undue influence which would impair your ability to understand and agree to the terms of this agreement? A No. BY THE MASTER: Q You understand you're bound even though there's no signature on the agreement? A Yes. Q That you're affirming it by saying that you understand it and when you leave here today you're bound by it? A Yes. THE MASTER: You'll get an order vacati MR. HELVY: THE MASTER: (Whereupon, 10:05 a.m.) All right. Thank you very much. ng my appointment in due course. I'll take care of finalization. Good. Thank you. the proceeding was concluded at 14 CC: Jason P. Mardis Plaintiff J. Paul Helvy Attorney for Plaintiff Heidie E. Mardis Defendant Andrew C. Sheely Attorney for Defendant JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, ANDREW C. SHEELY, ESQUIRE, hereby accept service of the Divorce Complaint docketed to the above-captioned matter on behalf of Heidie E. Mardis, Defendant, and further state that I am authorized to do in accordance with the Rules of Civil Procedure. Date: April 20, 2009 a- I Andrew C. Sheely, squire m -< > CD ?- -T d 1 '3S*tNL Q,10 CGUi I•i' I F?-fll,ISYL VANIA JASON P. MARDIS, Plaintiff V. HEIDIE E. MARDIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1982 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelyyC?mwn.com Attorneys for Plaintiff TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: see Acceptance of Service dated April 20, 2009, filed of record with this Court on May 21, 2012. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: May 8, 2012; by Defendant: May 8, 2012. Both Affidavits were filed of record on May 8, 2012. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: May 8, 2012. Date Defendant's Waiver of Notice was filed with the Prothonotary: May 8, 2012. McNEES WALLACE & NURICK LLC By Paul Helvy Attorney ID o. 5 Attorneys for Plaintiff Dated: May 23, 2012 I CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 gicellleAA/erlm?o_Zur, Paralegal Dated: May 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jason P. Mardis V. Heidie E. Mardis DIVORCE DECREE AND NOW, /V 30 ZpiZ , it is ordered and decreed that Jason P. Mardis , plaintiff, and Heidie E. Mardis 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.") None. NO. 2009-1982 By the Court, Z Attest: J S- 31. l2 - C'er ?. coy n?8? P? ?¢ 41V P S? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JASON P. MARDIS Plaintiff FILE NO. VS. HEIDIE E. MARDIS Defendant 1982 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME 2009 _ co Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 30th day of May, 2012 hereby elects to resume the prior surname of Heidie E. Chestnut and gives this written notice pursuant to the provisions of 54 P.S. 704. / J DATE: XLb? z /' Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the / ?fh day of L`uQ ? 20j Z before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Not y u c ,LL WrA M SEAL ' I3. p p?I /TT BEOCY M. KNmLY, Notary N* r " NKhwdcwxn Bo% aanberana Co. C# my cma4ulan 3 6cpkes Nw.19, mu ?`,2 769o 2 Jason Mardis, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBE,1tLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY Heidie Mardis(Chestnut), Defendant ; NO. 09— 1982 — C WITHDRAWAL AND ENTRY OF APPEARANCE � TO THE PROTHONOTARY OF SAID COURT: � c:n ; co 4 PLEASE withdraw my appearance as attorney of record for the Petitioner, Heidie Mardis (Chestnut),at the above captioned docket. Respe LSheel submitted b ew y,E sq. 127 South Market Street _ Mechianicsburg,PA 17050 Dated: PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Heidie Mardis(Chestnut), at the above captioned docket, Respec tfu y submi-- d by: Michaal Gleeson Certified Legal Into MEG RIESMLYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Dated: OZ , 0 Zo?� ZO/Z0 39dd DINI-10 MV-1 669££PZLTL OT:Z0 VTOZ/90/ZO McNEES'WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108 -1166 (717) 237 -5343 (717) 260 -1701 facsimile phelvy@mwn.com JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 -1982 HEIDIE ELIZABETH MARDIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, ( "Petitioner ") counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Plaintiff, Jason Mardis, and, in support thereof, avers as follows: 1. Jason Mardis ( "Respondent "), an adult individual, has a current mailing address of 817 Hogestown Road, Mechanicsburg, PA 17050. 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Jason Mardis for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Jason Mardis. Dated: ,3)I111 McNEES WALLACE & NURICK LLC By J. l aul Hel Attorney I.D. 53148 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first -class mail upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 andrewc.sheely(a�verizon.net Jason P. Mardis 817 Hogestown Road Mechanicsburg, PA 17050 Dated: 3151 i ti is el e Armour, 'aralegal McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108 -1166 (717) 237 -5343 (717) 260 -1701 facsimile phelvy @mwn.com JASON P. MARDIS, Plaintiff v. HEIDIE ELIZABETH MARDIS, Defendant i^F'ICE C THE PROTHO NO TA I: 2QI4MAR -6 PH 1:48 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 -1982 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, ( "Petitioner ") counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Plaintiff, Jason Mardis, and, in support thereof, avers as follows: 1. Jason Mardis ( "Respondent "), an adult individual, has a current mailing address of 817 Hogestown Road, Mechanicsburg, PA 17050. 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Jason Mardis for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Jason Mardis. Dated: 3) 5I /Li McNEES WALLACE & NURICK LLC By J. Paul Hely Attorne. : 1 53148 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first -class mail upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 andrewc.sheely(c�verizon. net Jason P. Mardis 817 Hogestown Road Mechanicsburg, PA 17050 M. Dated: 31611`4 helle Armour-, Paralegal JASON P. MARDIS, F;LEd-OFFCL OF THE TAR i 23R MR 12 AMIO: 59 CUKBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-1982 HEIDIE ELIZABETH MARDIS, Defendant • CIVIL ACTION - LAW • IN DIVORCE RULE AND NOW, this day of mstAA , 2014, upon consideration of the Petition of J. Paul Helvy for Leave to Withdraw as counsel for Jason Mardis, a Rule is hereby entered upon Jason Mardis, to show cause, if any, why the Petition should not be granted and why J. Paul Helvy, Esquire should not be permitted to withdraw as counsel for Jason Mardis. Rule returnable in Zo days of service. Distribution: BY THE COURT: ..■srPaul Helvy, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5343 (phone), (717) 260-1701 (facsimile); phelvv@mwn.com ndrew C. Sheely, 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 P. Mardis, 817 Hogestown Road, Mechanicsburg, PA 17050 az,-)1,4es 3 Jason Mardis, : IN THE COURT OF COMMON PLEAS e -} Plaintiff : CUMBERLAND COUNTY, PENNSYI I ,_ V. :CIVIL ACTION - LAW >. �,, � : IN CUSTODY r' : Heidie Mardis (Chestnut), C CD _"I Defendant : NO. 09 - 1982 CIVIL TERM 19 - . PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Heidie Mardis (Chestnut) (Mother), by her attorneys, the Community Law Clinic, and respectfully petitions this court to modify the Order of Court entered on the 5th day of March, 2012 for custody of Ethan P. Mardis, (the child) born 03/11/2005, a true and correct copy of which is attached. 1. Mother is an adult individual residing at 82 Bonnybrook Road, Carlisle, PA 17013. 2. Jason Mardis (Father) is an adult individual residing at 817 Hogestown Road, Mechanicsburg, PA 17055 3. Under the existing Order, the parties share physical custody on a repeating two week schedule. In week one, Father has physical custody of the child from Monday until Wednesday morning. Mother then has custody from Wednesday until Friday morning. Father then has custody from Friday until Wednesday morning. In week two, Mother has physical custody of the child from Wednesday until Monday morning. 4. This Order should be modified because: a. The child, who requires an individual education plan (IEP) through school, would be better served by living in Mother's district and attending Iron Forge Elementary School. b. The child would be greatly aided by stability during school weeks rather than alternating custody. To that end, Mother has allowed the child to remain at Father's house during the week, as the back-and-forth of the current custody schedule was affecting the child's performance in school. c. Mother has more time to devote to the child's school work and extracurricular activities, as it is believed that there are six people living with Father. There are only two people in Mother's residence. d. Mother has encouraged counseling through the child's school, whereas Father has not. e. Father has not ensured that the child's homework is done in a timely manner, in violation of the March 5, 2012 custody order. 5. Concurrence was not sought from the opposing attorney, as Father is believed to be unrepresented. 6. The Honorable Judge Hess has previously ruled in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the child. Date: 6 3 , 1 S 1-0 Michael Gleeson Certified Legal Intern MEGA IESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243 -2968 Fax: (717) 241 -3596 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 3 --/ g Heidie Chestnut CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, the Community Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 3 day of j'Arkr , 2014: Jason Mardis 817 Hogestown Road Mechanicsburg, PA 17055 Michael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Jason Mardis, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY Heidie Mardis (Chestnut), Defendant : NO. 09 - 1982 CIVIL TERM CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, Heidie Chestnut, 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 the 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 household conviction, member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ Sentence (Relating to criminal -Homicide) r i r rn. rr, r�, ❑ 18 Pa. C.S. §2702 ❑ ❑ (--1--- ry , w -J <?; (relating to aggravated c_) assault) ----k . z. ❑ 18 Pa.C.S. §2706 ❑ ❑ `�` (relating to terroristic threats) • 18 Pa. C.S. §2709.1 0 0 (related to stalking) O 18 Pa.C.S. §2901 0 0 (related to kidnapping) • 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) O 18 Pa.C.s. §2910 (relating to luring a child into a motor vehicle or structure) 00 O 18 Pa.C.S. §3121 0 0 (relating to rape) O 18 Pa.C.S. §1322.1 0 0 (relating to statutory sexual assault) O 18 Pa.C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 0 0 (relating to sexual assault) O 18 Pa.C.S. §3125 0 0 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 0 0 (relating to indecent assault) O 18 Pa.C.S. §3127 (relating to indecent exposure) 00 O 18 Pa. C.S. §3129 0 0 (relating to sexual intercourse with animal) O 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders 00 O 18 Pa. C.S. §3301 0 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 0 0 (relating to incest) • 18 Pa.C.S. §4303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4304 (relating to endangering welfare of children) n O 18 Pa.C.S. §4305 0 0 (relating to dealing in infant children) • 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) • 18 Pa.C.S. §5903(c) or 0 0 (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 0 0 (relating to corruption of minors) O 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) fl 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 00 O 18 Pa.C.S. §6320 0 0 (relating to sexual exploitation of children • 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) 00 LI Driving under the 0 0 influence of drugs or alcohol 0 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 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 ❑ 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 members 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. 3/121/_. Date x/fraL /I Heidie Chestnut Jason Mardis, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Heidie Mardis (Chestnut) c-'' �,' Defendant : NO. 09 -1982 CIVIL TERM -t' Cn f — PRAECIPE TO PROCEED IN FORMA PAUPERIS, TO THE PROTHONOTARY: A� C y� c= -.; ;v _ - CJ Kindly allow Heidie Mardis (Chestnut), to proceed in forma pauperis. The Community Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date f 3, 13. La / L Respectfully ub ' Id, Michael Gleeson Certified Legal Intern MEGA RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717- 243 -2968 JASON MARDIS PLAINTIFF v. HEIDIE MARDIS DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2009-1982 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 18, 2014 , 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, April 11, 2014 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 he 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/ John J. Mangan, Jr., Esq.e 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. Copses 112b4 edlirk k11141..)1 4y Par4aciis. J P1z4)qa() 3//a/I? ••••=wriel Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Jason Mardis, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : CUSTODY Heidie Mardis (n/k/a Chestnut), Defendant : NO. 09 - 1982 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of the Order of Court scheduling conciliation on Jason Mardis, Defendant, residing at 817 Hogestown Road, Mechanicsburg, PA 17055, by depositing a copy of the same in the United States mail, first class, on March 21, 2014. ichael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243 -2968 Fax: (717) 241 -3596 N CA) w1 r n Q j:' rFit ` 2014 MAR 24 0111:5 PENIS A • Utd T y McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108 -1166 (717) 237 -5343 (717) 260 -1701 facsimile phelvyAmwn.com JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS Plaintiff v. : NO. 2009 -1982 : CUMBERLAND COUNTY, PENNSYLVANIA HEIDIE ELIZABETH MARDIS, : CIVIL ACTION - LAW Defendant : IN CUSTODY AMENDED PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, ( "Petitioner ") counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Plaintiff, Jason Mardis, and, in support thereof, avers as follows: 1. Jason Mardis ( "Respondent "), an adult individual, has a current mailing address of 817 Hogestown Road, Mechanicsburg, PA 17050. 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Jason Mardis for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. 3. Attorney Michael Gleeson now represents Defendant in this case and Mr. Gleeson has no objection to Mr. Helvy being permitted to withdraw from this case. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Jason Mardis. McNEES WALLACE & NURICK LLC By Dated: March 21, 2014 aul Helvy orney I.D CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael Gleeson, Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 Jason P. Mardis 817 Hogestown Road Mechanicsburg, PA 17050 Dated: March 21, 2014 e e Armour, Paralegal F, LED-OFI ICE t Pfe0 MONO 2CR NAR 24 /AM I I: 514 CUMBERLAND COUNTY PENNSYLVANIA McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108 -1166 (717) 237 -5343 (717) 260 -1701 facsimile phelvy mwn.com JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS Plaintiff v. : NO.2009 -1982 : CUMBERLAND COUNTY, PENNSYLVANIA HEIDIE ELIZABETH MARDIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AMENDED PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, ( "Petitioner ") counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Plaintiff, Jason Mardis, and, in support thereof, avers as follows: 1. Jason Mardis ( "Respondent "), an adult individual, has a current mailing address of 817 Hogestown Road, Mechanicsburg, PA 17050. 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Jason Mardis for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. 3. Attorney Michael Gleeson now represents Defendant in this case and Mr. Gleeson has no objection to Mr. Helvy being permitted to withdraw from this case. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Jason Mardis. McNEES WALLACE & NURICK LLC By Dated: March 21, 2014 • Paul He Attorney CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael Gleeson, Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 Jason P. Mardis 817 Hogestown Road Mechanicsburg, PA 17050 Dated: March 21, 2014 our, Paralegal f o i7 1 `iE PROTHONOTA 'r`i 2OR11 MAR 26 PM 3: j WU ii3ERL.AND COUNTY PENNSYLVANIA JASON P. MARDIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.2009 -1982 HEIDIE ELIZABETH MARDIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this 24 day of i»04-r.,4 , 2014, upon consideration of the Amended Petition for Leave to Withdraw as counsel for Jason Mardis, it is hereby ORDERED and DECREED that J. Paul Helvy, Esquire is granted leave to withdraw as counsel for Jason Mardis. BY THE COURT: Distribution: Paul Helvy, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108 -1166, (717) 237 -5343 (phone), (717) 260 -1701 (facsimile); phelvy(a�mwn.com hael Gleeson, Esquire, Community Law Clinic, 371 West South Street, Carlisle, PA 17103 Juso) /12.2.2zLis 3%a,G/l�f' - ev r ri c.r fittt McNEES WALLACE & NURICK LLC By: J. Paul Helvy I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5343 (717) 260 -1701 facsimile phelvy @mwn.com JASON P. MARDIS, Plaintiff v. HEIDIE E. MARDIS, Defendant •t• E 2il'f APR -3 1*tii1l:11 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2009 -1982 : CIVIL ACTION — LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL /ENTRY OF APPEARANCE TO THE PROTHONOTARY: Per this Court's Order dated March 26, 2014 (attached hereto as Exhibit "A "), please withdraw the appearance of McNees Wallace & Nurick LLC and J. Paul Helvy on behalf of Plaintiff, Jason Mardis and enter the appearance of Jason Mardis, pro se, 817 Hogestown Road, Mechanicsburg, PA 17050, (717) 648 -5833. Dated: /14 McNEES WALLAC : CK LLC THE PRO 201111-11),R 26 Pil 3: I ClitIBERLAND COLINPT PENNSYLVANIA JASON P. MARDIS, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-1982 HEIDIE ELIZABETH MARDIS, : CIVIL ACTION - LAW IN DIVORCE . Defendant ORDER AND NOW, this 2dayof "ort..4 , 2014, upon consideration of the Amended Petition for Leave to Withdraw as counsel for Jason Mardis, it is hereby ORDERED and DECREED that J. Paul Helvy, Esquire is granted leave to withdraw as counsel for Jason Mardis. Distribution: BY THE COURT: i J. Paul Helvy, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5343 (phone), (717) 260-1701 (facsimile); phelvyAmwn.com Michael Gleeson, Esquire, Community Law Clinic, 371 West South Street, Carlisle, PA 17103 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via first-class mail, postage prepaid, upon the following: Michael Gleeson, Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 Jason P. Mardis 817 Hogestown Road Mechanicsburg, PA 17050 Dated: our, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION JASON MARDIS, NO. 09-1982 ACTION IN CUSTODY CIVIL ACTION - LAW Plaintiff C') v. r0. j rn (7) I, Jason Mardis, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: HEIDIE MARDIS (CHESTNUT), Defendant CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 270 Check all that apply 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: Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 (relating ❑ ❑ to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706 (relating to ❑ ❑ terroristic threats) ❑ 18 Pa.C.S. §2709.1 (relating ❑ ❑ to stalking) C) ❑ 18 Pa.C.S. §2901 (relating to ❑ ❑ kidnapping) ❑ 18 Pa.C.S. §2902 (relating to ❑ ❑ unlawful restraint) ❑ 18 Pa.C.S. §2903 (relating to ❑ ❑ false imprisonment) ❑ 18 Pa.C.S. §2910 (relating to ❑ ❑ luring a child into a motor vehicle or structure) Li 18 Pa.C.S. §3121 (relating to ❑ ❑ rape) ❑ 18 Pa.C.S. §3122.1 (relating ❑ ❑ to statutory sexual assault) ❑ 18 Pa.C.S. §3123 (relating to ❑ ❑ involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 (relating ❑ ❑ to sexual assault) ❑ 18 Pa.C.S. §3125 (relating to ❑ ❑ aggravated indecent assault) ❑ 18 Pa.C.S. §3126 (relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3127 (relating to ❑ ❑ indecent exposure) ❑ 18 Pa.C.S §3129 (relating to ❑ ❑ sexual intercourse with animal) ❑ 18 Pa.C.S §3130 (relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 (relating to ❑ ❑ arson and related offenses) O 18 Pa.C.S. §4302 (relating to incest) O 18 Pa.C.S. §4303 (relating to 0 LI concealing the death of child) O 18 Pa.C.S. §4304 (relating to 0 endangering welfare of children) O 18 Pa.C.S. §4305 (relating to 0 LI dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S.§6301 (relating to corruption of minors) O 18 Pa.C.S. §6312 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 (relating to LI 0 sexual exploitation of children) O 23 Pa.C.S.§6114 (relating to contempt for violation of protection order or agreement) LI 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 including the following: Check all Self Other household Date that 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 ❑ 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(ren): 5. If you are aware that the other party or members 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. �G SGv. f�,C✓'�c� Printed Name PR 10: CUMBERLAND C[<<r NT PENN'SYLV /,HIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION NO. 09-1982 ACTION IN CUSTODY CIVIL ACTION - LAW JASON MARDIS, Plaintiff v. HEIDIE MARDIS (CHESTNUT), Defendant ANSWER TO PETITION TO MODIFY CUSTODY AND COUNTERCLAIM AND NOW, comes Plaintiff, Jason Mardis, by and through his attorneys, Ream, Carr, Markey & Woloshin LLP, and files this Answer to Petition to Modify Custody And Counterclaim and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted and Denied. While the existing Custody Order granted the parties shared physical custody, in reality Father had primary physical custody of Child since approximately September 2012. Mother has partial physical custody every other weekend, which is working out well for Child. 4. Answer: i a. Admitted and Denied. While Child has an IEP, the parties agreed two years ago that the Cumberland Valley School system offered more programs for Child's special needs than Mother's current school district. When Child started second grade in 2012, he was in special education classes for all subjects. Since that time, he has moved out of special education for science and social studies. It is expected that he will also do so for Math by the end of this year. Based upon feedback from his teacher, it is anticipated that he will move out of the Reading and Writing special education classes by next year. It is unknown what Mother's school district could offer that Child is not currently receiving. b. Admitted. Mother's own averment confirms that Father has had primary custody since Child started school. In that time, Child has improved academically. Any significant change from the current status will set Child back academically and emotionally. c. Admitted and denied. While Mother has more time due to her unemployed status for over four years, she has not historically dedicated that additional time to caring for Child. For example, Child has returned to Father's house on Sunday evening with unfinished homework after spending the weekend at Mother's home. Recently, Mother gave Father one day's notice that Child had a project for Boy Scouts due the next day. Father assisted Child with completion. Father has always worked flexible hours, which allows him to be available for Child before and after school, as well as in the evening. As for living conditions, Father lives in a 4 bedroom home with his wife, Jennifer, her child, Taylor, who is eleven years old, Child and their two children together, Cameron, 2 years of age and Noah, 8 months old. (Two adults, four children, including Child.) Each Child has their own bedroom, while the infant still sleeps in Father's room. Meanwhile, Mother lives in a 3 bedroom home, with her 17 year -old daughter, Alyssa, and an unrelated adult male, who is presumed to be a boarder. Mother occasionally takes in boarders to assist with her finances. When Mother takes in boarders, Child does not have a room or bed, therefore, at nine years of age, he must sleep with Mother in her bed. d. Admitted and denied. While Mother has "encouraged" counseling, she has been inconsistent at best in following through with such counseling. Historically, Mother raises this as a concern and then notifies Father that he must handle to counseling appointments. For example, Mother set up counseling with Diakon and then she asked Father to take Child to the appointments. Regardless of Mother's behavior, Father is supportive of counseling for Child, if it is necessary. In addition to agreeing to the above counseling, Father attended an initial consultation with a psychologist at Children's Behavioral Health Services. The psychiatrist, Dr. Conte, specifically noted that Child does not need counseling at this point. The only behavioral issue is specifically between Mother and Child; therefore, Dr. Conte stated that the only counseling that would be beneficial would be counseling regarding their relationship. Dr. Conte also confirmed that it would be detrimental to Child to change schools at this point. e. Denied. Strict proof of this allegation is demanded. To the contrary, Father and his wife, Jennifer, who is a special education teacher in the Cumberland Valley School system, work diligently with Child to assist him with his homework. In fact, with their assistance, Child has progressed academically, as discussed. S. No answer required. 6. Admitted. COUNTERCLAIM 7. The answers to the averments delineated above are incorporated herein as more fully set forth at large. 8. The best interest of Child will be served by granting Father primary custody and granting Mother partial physical for the following reasons: a. By Mother's own admission, Father's had primary physical custody of Child since September 2012. In that time, Child has improved academically and emotionally at the school district where Father lives. This is presumably due to Father's involvement and the stability that Child finally has enjoyed. Status quo needs to be maintained. b. Mother and Child's relationship is not stable. Mother and Child need counseling to work specifically on their relationship, rather than Child needing counseling for any other issues. c. Child has a well - reasoned preference to live with Father and is willing to speak with the Court to state his reasons. d. Child does not have a bed at Mother's home. He has his own bedroom at Father's home. e. Mother is strictly motivated to do this to obtain additional child support. This is due to the anticipated loss of child support for her oldest child, Alyssa as well as the requirement that she must refinance a loan on her home by February 2015. If Mother is unable to refinance the loan, as anticipated, she will have to sell her home. If she sells her home, it is anticipated she may force Child to change schools again, which would be the 4th move for Child in as many years as he has attended school. WHEREFORE, Plaintiff /Father requests that this Honorable Court grant him primary physical custody of Child. Dated: 4, �, f Respectfully Submitted: Lynnor . Seaton Attorney I.D. 210241 Ream, Carr, Markey & Woloshin LLP 119 E. Market Street York, PA 17401 Attorney for Plaintiff ATTORNEY VERIFICATION Lynnore K. Seaton, Esquire, Attorney for Jason Mardis, having expressed authority to enter into this verification, verifies the foregoing Answer to Petition to Modify Custody and Counterlclaim, avers that the statements of facts therein contained are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, and that the same are true upon the signer's personal knowledge information and/or belief. Lynno Seaton, Esquire JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 -1982 CIVIL ACTION LAW (-) HEIDIE E. MARDIS, N /K/A HEIDIE E. : IN CUSTODY zco CHESTNUT, zr Defendant -<n Prior Judge: Kevin A. Hess, P.J. x c, 1 ORDER OF COURT AND NOW this Z 8* day of April 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Jason Mardis, and the Mother, Heidie Chestnut, shall have shared legal custody of Ethan P. Mardis, born 03/11/2005. The parties shall have an equal right to make all major non - emergency decisions affecting the Child's general well -being including, but not limited to, all decisions regarding his 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 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. 3. Physical Custody: Mother and Father shall arrange physical custody of the Child as follows: a. School year: On a repeating two week schedule, Mother shall have physical custody on alternating weekends from Friday 4:00 pm until Sunday 8:00 pm (the parties by agreement may extend the weekend until Monday morning with Mother bringing Ethan to school in the morning, or 9 am if no school) and during the week preceding Father's weekend, on Thursday from 4:00 pm until 8:00 pm. b. Summer schedule: Absent agreement otherwise, on a repeating four week schedule starting the first Sunday after school lets out, Mother shall have custody from Sunday 6 pm until the following Sunday 6 pm, then Father shall have custody from Sunday 6 pm until the following Sunday 6 pm, Mother then shall have custody from Sunday 6 pm until Friday 6 pm, Father then from Friday 6 pm until Sunday 6 pm, then Mother shall have custody Sunday 6 pm until Friday 6 pm and then Father shall have Friday 6 pm until Sunday 6 pm. The parties may alter the exchange times by mutual agreement. c. Each party shall ensure that Ethan has appropriate sleeping arrangements and that his homework/assignments are completed prior to school. d. Each party shall make sure that Ethan attends his regularly scheduled extra- curricular activities when he is in their respective custody. 0 1 e. The custodial exchanges shall occur by the non - custodial parent picking up Ethan from the other parent to begin custody. f. Absent written agreement otherwise, Ethan shall remain in his current school district. g. The parents may alter said schedule and transportation obligations as the parties may mutually agree. School Year Schedule (M =mom D =dad Monday Tuesday Wednesday Thursday Friday Saturday Sunday D D D D D M M M D D D D D M D D D Summertime Schedule (M =mom D =dad Sunday Monday Tuesday Wednesday Thursday Friday Saturday D M M M M M M M M D D D D D D D D M M M M M M D D D M M M M M M D D 4. Each parent shall disclose to the other parent any household member's full name and date of birth to the other parent. 5. Right of first refusal: In the event that the custodial parent should require a care - taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non - custodial parent. 6. Counseling: The parents have agreed that therapeutic family counseling (with the focus on co- parenting) with a mutually- agreed upon professional would be beneficial to the parents and Ethan. Each parent shall be an active participant in the counseling and each parent shall follow the recommendations of the counselor regarding who should participate and frequency of sessions. The parents shall engage in the counseling until successfully discharged. Ethan shall attend individual counseling as recommended as well. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. Evaluation: The parents have agreed to have Ethan undergo psychometric testing to determine if there is a learning disability. The parents shall follow the recommendations that flow from the evaluation. 8. Each parent shall ensure that Ethan's homework is done in a timely manner and shall keep each other abreast of Ethan's educational issues. 9. The non - custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 10. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Holiday periods shall supersede the regular physical custody schedule. 11. Each parent shall have two non - consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and 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 agreement. 12. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non - custodial parent within twenty -four hours of departure of the intended destination and a telephone number at which they can be reached. 13. 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. The parents are cautioned that negative/hostile behavior or comments against the other parent have a detrimental effect on Ethan's emotional well -being and relationship with his parents. 14. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 15. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 16. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child /children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 17. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: ,/rynnore Seaton, Esq., 119 E. Market Street, York, PA 17401 / fihe Community Law Clinic, Michael Gleeson, Qertified legal intern /.rohn J. Mangan, Esquire P.J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 8 am until 2 pm Mother Mother Easter Day 2nd Half From 2 pm until 8 pm Father Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Thanksgiving Father Thanksgiving Day Father Father Thanksgiving Mother The weekend before or after Thanksgiving by agreement Mother Mother Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even /odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father Ethan's Birthday On Ethan's birthday Mother Father Ethan's Birthday The Saturday following Ethan's birthday from 12:00 pm until 6:00 pm Father Mother Mother's birthday 12:00 pm until 6:00 pm Mother Mother Father's birthday 12:00 pm until 6:00 pm Father Father JASON P. MARDIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 -1982 CIVIL ACTION LAW HEIDIE E. MARDIS, N /K/A HEIDIE E. : IN CUSTODY CHESTNUT, Defendant Prior Judge: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: Date 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ethan P. Mardis 03/11/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on November 23, 2009, an Order issued December 29, 2009, a conference was held May 25, 2010, an Order issued June 02, 2010, a conference was held November 08, 2010, an Order issued November 10, 2010, a conference was held February 21, 2012, an Order issued March 05, 2012 and a conference was held April 11, 2014 with the following individuals in attendance: The Mother, Heidie E. Chestnut, and her counsel, The Community Law Clinic, Michael Gleeson, certified legal intern The Father, Jason P. Mardis, with his counsel, Lynnore Seaton, Esq. 3. The parties agreed to the entry of an Order in the form as attached. iz //e/ John an:.: n, Esquire Custo y C , ciliator Jason Mardis, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09 = 1982 CIVIL TERM Heidie Chestnut, Defendant : IN DIVORCE AND CUSTODY PETITION FOR LEAVE TO WITHDRAW rrl C) .r- CD CA) ria Petitioner, The Community Law Clinic, hereby petitions for leave to withdraw PoniT further representation of Heidie Chestnut, pursuant to Pa.R.P.C1.16(b)(1)(5) and in support therefore avers the following: 1. The Community Law Clinic entered an appearance in the above captioned matter on behalf of Heidie Chestnut on February 7, 2014. 2. On April 11, 2014, the Community Law Clinic attended a custody conciliation on behalf of Ms. Chestnut. 3. On May 9, 2014, Ms. Chestnut called the Community Law Clinic and indicated that she wanted to refile for full custody. Ms. Chestnut also indicated that she was not pleased with our services. 4. Based on Ms. Chestnut's indication that she was not pleased with our services, on June 17, 2014, the Community Law Clinic sent Ms. Chestnut a letter with an enclosed Withdrawal and Entry of Appearance. She has not returned a signed copy of that document. 5. Ms. Chestnut has not made any contact with the Community Law Clinic since May 21, 2014. 6. The Community Law Clinic is not currently assisting Ms. Chestnut in any legal matters, and, to the Community Law Clinic's knowledge, there are no legal matters pending in P1 G C) this case. 7. Pursuant to Pa.R.C.P. 1012(d): Heidie Chestnut's address is 82 Bonniebrook Road Carlisle, PA 17013. This petition was served on Ms. Chestnut by mailing a copy to the aforementioned address on the 7th day of November, 2014, as indicated by the attached Certificate of Service. 8. Opposing counsel concurs concur with this request. 9. The Honorable Judge Hess has previously ruled in this matter. WHEREFORE, pursuant to Pa.R.P.C. 1.16(b)(1) and (5), the Community Law Clinic requests permission to withdraw as counsel for Ms. Chestnut at this time. Date: ////3///4/ Respectfully Submitted, Nicole Ridley Certified Legal Intern Megan esmeyer Supervising Attorney COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Jason Mardis,, • : IN THE COURT OFCOMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. : CIVIL ACTION -LAW — _ DIVORCE " Heidie Chestnut, Defendant : NO. -1982 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Ridley, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of Petition for Leave of Withdraw on Heidie Chestnut, residing at 82 Bonnybrook Road, Carlisle, PA 17013, and Opposing Counsel, Lynnore Seaton, at 119 E. Market Street, York, PA 17401, by depositing a copy of the same in the United States mail on November 13, 2014. Nicole Ridley Certified Legal n ern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 Jason Mardis, Plaintiff, v. Heidie Chestnut, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - 1982 CIVIL TERM : IN DIVORCE AND CUSTODY RULE TO SHOW CAUSE AND NOW, this '1' day of A)o v -e✓ , 2014 upon consideration of the attached petition by the Community Law Clinic: (1) A rule is issued upon the Plaintiff, Heidie Chestnut and Defendant's counsel, Lynnore Seaton, to show cause why the Community Law Clinic should not be granted leave to withdraw as counsel of record. (2) Any party desiring to file an answer to the Petition for Leave to Withdraw must do so within twenty (20) days of service of this Rule to Show Cause. (3) Notice of the entry of this order shall be provided to all parties by the Community Law Clinic. cc. Heidie Chestnut 82 Bonnybrook Road Carlisle, PA 17013 Lynnore Seaton 119 E. Market Street York, Pennsylvania 17401 t € 9/15( BY THE COURT: Jason Mardis, Plaintiff, v. Heidie Chestnut, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - 1982 CIVIL TERM : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Nicole Ridley , Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of Rule to Show Cause on Heidie Chestnut, residing at 82 Bonnybrook Road, Carlisle, PA 17013 and Counsel for Plaintiff, Lynnore Seaton, at 119 E. Market Street, York PA 17401, by depositing a copy of the same in the United States mail on 11/21/2014. Nicole Ridley __ _.---- Certified Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596