HomeMy WebLinkAbout10-0194t 1 Ht': TARY
2010 JAN -6 AM 11:56
LAURI A. KISSINGER,
Plaintiff
vs.
MARK F. KISSINGER,
Defendant
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IN THE COURT OF COMMON PL$AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
IN DIVORCE/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. You are warned that if you fail to do so, the case
may proceed without you, and a decree of divorce, or annulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
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, PA 17013
(717) 249-3166
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LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. . No. /C), 'Q q t v ; 1
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant : IN DIVORCE/CUSTODY
DIVORCE COMPLAINT
The Plaintiff, Lauri A. Kissinger, through her attorney, Marlin L. Markley, Jr., makes the
following Complaint in Divorce and, in support thereof, avers as follows:
1. The Plaintiff, Lauri A. Kissinger, is an adult individual who currently resides at 55
S. 30 Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, Mark F. Kissinger, is an adult individual who currently resides at 55
S. 39P Street, Camp Hill, Cumberland County, Pennsylvania 17011.
3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth
of Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on February 25, 1999, in Tampa,
Florida.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is available and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
WHEREFORE, the Plaintiff, Lauri A. Kissinger, respectfully requests this Honorable
Court to enter a decree of divorce in this matter.
COUNT II - EQUITABLE DISTRIBUTION - § 3502(a)
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. During the course of the marriage, the parties acquired property and incurred debt,
titled jointly, individually, or both, which remains in the possession of the individual parties.
WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or
assign the marital property between the parties without regard to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors and thereby enter an
order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code.
COUNT III - CUSTODY/VISITATION - § 5303
it. Paragraphs one (1) through ten (10) are incorporated herein by reference.
12. There are three dependent children to this marriage as follows: Austin Kissinger,
born May 29, 1998 (age 11.), Caleb Kissinger, born October 24, 2000 (age 9), and Sydney
Kissinger, born February 3, 2004 (age 5). Austin Kissinger is the only child of the three was born
out of wedlock.
13. The Plaintiff seeks primary physical custody of all children of this marriage.
14. The minor children are presently in the custody of both parents, who reside at 55 S.
39'' Street, Camp Hill, Cumberland County, Pennsylvania 17011.
15. During the past five years, the children have resided at the following address with
the following persons:
Dates: Addresses:
12/26/2009 - Present 11 Longwood Dr.
Mechanicsburg, PA
List All Persons:
Paternal grandfather, Lester Kissinger
Paternal grandmother, Deborah Kissinger
2/2005 -12/26/2009 55 S. 39th St.
Camp Hill, PA
Mother, Lauri Kissinger
Father, Mark Kissinger
16. The Mother of the children is the Plaintiff, currently residing at 55 S. 391` Street,
Camp Hill, Cumberland County, Pennsylvania 17011. She is married to the Defendant.
17. The Father of the children is the Defendant, currently residing at 55 S. 39t` Street,
Camp Hill, Pennsylvania. He is married to the Plaintiff.
18. The relationship of Plaintiff to the children is that of natural mother. She currently
resides with the Defendant.
19. The relationship of Defendant to the children is that of adoptive father to Austin
Kissinger and natural father to Caleb and Sydney Kissinger. He currently resides with Plaintiff.
20. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court.
21. The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
22. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
23. The best interest and permanent welfare of the children will be served by granting
the relief requested, because:
a. Plaintiff has been the primary caretaker of the children since birth and
wishes to continue in that capacity;
b. Plaintiff would accommodate the children developing a healthy relationship
with both parents; and
C. Plaintiff is willing to look out for the children's best interest.
24. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children has been named as parties to this action. No
other persons are known to have or claim a right to custody or visitation, and therefore no notice
will be given of the pendency of this action and the right to intervene, save as to the Defendant.
WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, grant
the Plaintiff rights of physical custody and/or visitation.
Respectfully submitted,
>arlin L. Nom. d , Jr., Esquire
3920 Market S eet, Suite 303
Camp Hill, Pe ylvania 17011
Date: ID# 84745 Tel. (717) 635-9538
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No.
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant : IN DIVORCE/CUSTODY
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn
falsification to authorities.
Date OPV?11 Signature:
Lauri A. Kissin er
FILED-O'FrCE
OF THE p? , , , OTARY
2010 JAN -6 AM 11 ` 59
PE.1"I ySY1_V '1'
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. to - G ` I
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant : IN DIVORCE/CUSTODY
COMPLAINT FOR CUSTODY
The Plaintiff, Lauri A. Kissinger, by and through her attorney, Marlin L. Markley, Jr.,
seeks to obtain joint legal custody and primary physical custody of her minor children and makes
the following averments in support thereof-
1 . The Plaintiff, Lauri Kissinger, is an adult individual who currently resides at 55 S.
39th Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, Mark Kissinger, is an adult individual who currently resides at 55
S. 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiff seeks custody of the following children:
Name Present Address Age
Austin Kissinger 11 Longwood Drive 5/29/1998 (11)
Caleb Kissinger Mechanicsburg, PA 10/24/2004 (9)
Sydney Kissinger 2/3/2004 (5)
Austin Kissinger was born out of wedlock. The children are presently in the custody of
both parents who reside at 55 S. 39th St., Camp Hill, Pennsylvania 17011.
During the past five years, the children have resided with the following persons and at the
following addresses:
Dates: Addresses:
12/26/2009 - Present 11 Longwood Dr.
Mechanicsburg, PA
List All Persons:
Paternal grandfather, Lester Kissinger
Paternal grandmother, Deborah Kissinger
2/2005 -12/26/2009 55 S. 39 h St.
Camp Hill, PA
Mother, Lauri Kissinger
Father, Mark Kissinger
The mother of the children is Lauri Kissinger, currently residing at 55 S. 39th Street,
Camp Hill, Cumberland County, Pennsylvania 17011. She is married to defendant.
The father of the children is Mark Kissinger, currently residing at 55 S. 39th Street, Camp
Hill, Cumberland County, Pennsylvania 17011. He is married to plaintiff.
4. The relationship of plaintiff to the children is that of natural mother.
The plaintiff currently resides with defendant.
5. The relationship of Defendant to the children is that of adoptive father to Austin
Kissinger and natural father to Caleb and Sydney Kissinger. He currently resides with Plaintiff.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court. Plaintiff does not know of
a person not a party to the proceedings who has physical custody of the children or claims to have
custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
a. Plaintiff has been the primary caretaker of the children since birth and
wishes to continue in that capacity;
b. Plaintiff would accommodate the children developing a healthy relationship
with both parents: and
c. Plaintiff is willing to look out for the children's best interest.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action. All other
persons, named below, who are known to have or claim a right to custody or visitation of the
children will be given notice of the pendency of this action and the right to intervene: none.
WHEREFORE, plaintiff requests the court to grant her legal custody and primary physical
custody of her children.
Date: / - S 2,211,)
Respectfully submitted,
Marl' arkley;7r., Esquire
3920 M ket Street, Suite 303
Camp ill, Pennsylvania 17011
ID# 84745 Tel. (717) 635-9538
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No.
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant : IN DIVORCE/CUSTODY
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
Date.
. Kissing
4urAiA-
OF THE?F ARY
LAURI A. KISSINGER,
Plaintiff/Petitioner
VS.
MARK F. KISSINGER,
Defendant/Respondent
2010 JAN -6 PM 12: 02
GOUNTY
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?d
CIVIL ACTION - AT LAW
IN DIVORCE/CUSTODY
PETITION FOR EMERGENCY
EX PARTS CUSTODY RELIEF
AND NOW, Petitioner, by and through her attorney, Marlin L. Markley, Jr., files this
Petition for Emergency Ex Parte Custody Relief against Respondent, and in support thereof, avers
as follows:
1. Petitioner is "Mother", Lauri A. Kissinger and is an adult individual who currently
resides at 55 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Respondent is "Father", Mark F. Kissinger and is an adult individual who
currently resides at 55 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011.
3. The parties are the parents of the following children: Austin Kissinger, born May
29, 1998 (age 11), Caleb Kissinger, born October 24, 2000, and Sydney Kissinger, born February
3, 2004.
4. The parties are current spouses having been married on February 25, 1999.
5. Petitioner filed a Divorce and Custody Complaint simultaneously with this petition.
6. On or about December 26, 2009, Petitioner and Respondent were engaged in an
argument, the argument became too intense for Petitioner, thereby forcing her to leave the residence
where the family resided together.
7. Prior to Petitioner leaving the residence, Respondent sent the children to live with
the paternal grandparents and since then has allowed Petitioner restricted and supervised visitation
with the children.
Respondent refuses to allow the children to reside in the marital residence.
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9. Petitioner has since moved back into the marital residence.
10. Petitioner is concerned about the welfare and safety of the children.
11. Petitioner believes the Respondent is using the children to attempt to manipulate the
relationship between petitioner and respondent.
12. The children should reside in their home with their parents.
13. Respondent has breached Petitioner's legal and physical custody rights. Petitioner
loves the children and has always had a loving relationship with them. Respondent's conduct in
removing the children is unconscionable and certainly contrary to the best interests of the children.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the Petition
for Emergency Ex Parte Custody Relief and enter an Order as follows:
(a) Directing that Respondent immediately return the children to the marital home
located at 55 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011;
(b) Awarding Petitioner sole legal and physical custody of the children until further
hearing; and
(c) Granting any other relief deemed appropriate by the court.
Respectfully
Date: /- S- - 2 0i J
Marlix'L. M kley, Esquire
3920 Mar t Street, Suite 303
Camp H' , Pennsylvania 17011
ID# 84745 Tel. (717) 635-9538
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No.
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant/Respondent : IN DIVORCE/CUSTODY
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unworn falsification to authorities.
4auri Date:A. I iss?ger
IaE
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101ojAk-6 PH12:00
LAURI A. KISSINGER,
Plaintiff/Petitioner
VS.
MARK F. KISSINGER,
Defendant/Respondent
IN THE COURT OF COMMON PL AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
IN DIVORCE/CUSTODY
PETITION FOR EMERGENCY RELIEF:
EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
AND NOW, comes the Petitioner, Lauri A. Kissinger, by and through her attorney, Marlin
L. Markley, Jr., and files this Petition for Emergency Relief and in support thereof, avers as follows:
1. Petitioner, Lauri A. Kissinger, an adult individual, who resides at 55 S. 39 h Street,
Camp Hill, Cumberland County, Pennsylvania 17011, is the Plaintiff in the above-captioned
Divorce action.
2. Respondent, Mark F. Kissinger, an adult individual, who resides at 55 S. 39th Street,
Camp Hill, Cumberland County, Pennsylvania 17011, is the Defendant in the above-captioned
Divorce action.
3. The parties in this matter are husband and wife, having been married on February
25, 1999.
4. Petitioner filed a Complaint in Divorce requesting economic relief, including a count
for equitable distribution.
5. Petitioner believes that a situation exists that requires emergency relief due to the
following:
a. Respondent has attempted to force petitioner from the residence.
b. Respondent verbally abuses petitioner at all times including late into the
evening while petitioner is attempting to get some sleep before work the following morning.
C. Respondent has invited his parents into the residence, and respondent along
with his parents verbally abuse the petitioner.
d. Respondent has removed the parties' three (3) children from the residence
and placed them at his parent's home, for no legitimate reason.
6. Petitioner believes Respondent will continue to verbally abuse her, and not have the
children reside at the residence and persist on creating a hostile and burdensome living condition in
the residence unless this Honorable Court evicts him from the marital residence.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order
granting Petitioner exclusive possession of the marital residence located at 55 S. 39th Street, Camp
Hill, Cumberland County, Pennsylvania, and evicting Respondent from the premises and
prohibiting Respondent from reentering until further determination by this Honorable Court.
Respectfully
Marlin L. Markley, Jr., Esquire
3920 M et Street, Suite 303
Camp Pennsylvania 17011
ID# 84745 Tel. (717) 635-9538
Date: ? ' S 2 01
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No.
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant/Respondent IN DIVORCE/CUSTODY
VERIFICATION
I verify that the statements made in the foregoing Petition for Emergency Relief are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to
authorities.
1 _
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Date: AO Signa
a a A. Ki in r
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No.
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant/Respondent IN DIVORCE/CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Petition upon the person
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by hand delivery via service processor:
Mark F. Kissinger
55 S. 39' Street
Camp Hill, PA 17011
Respectfully submitted,
-"Marlint arkley, Jr., Esquire
3920 M et Street, Suite 303
Camp Hill, Pennsylvania 17011
Date: G ID# 84745 Tel. (717) 635-9538
LAURI A. KISSINGER
PLAINTIFF
V. .
MARK F. KISSINGER
1)1:.FI?NDAN"F
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2010-194 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COLJIZT
AN D NOW, Thursday, January 07, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 03, 2010 at 12 00 PM
fora 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 cntrv 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/ _ Dawn S. Sunda y?Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
availahle 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
FORTII 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
RY
2010
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TAPY
20 10 JAN 15 Al°110: 31
CL"rt LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 2010 - 194
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant : IN DIVORCE/CUSTODY
ACCEPTANCE OF SERVICE
I, Lindsey Gingrich Maclay, Esquire, attorney for the Defendant in the above-captioned
matter, accept service of the DIVORCE COMPLAINT, PETITION FOR EMERGENCY EX
PARTS CUSTODY RELIEF, and PETITION FOR EMERGENCY RELIEF: EXCLUSIVE
POSSESSION OF MARITAL RESIDENCE pursuant to Pennsylvania Rule of Civil Procedure,
Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant.
al y Zu k Meilton Minor & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
ID # 87954 fief. (717)657-4795
Date: 2010
lr Fill ED .li 'f -
APY
2010 Jnl? ! 5 AM 10: 32 NTY
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 2010 - 194
MARK F. KISSINGER, CIVIL ACTION - AT LAW
Defendant IN DIVORCE/CUSTODY
PRAECIPE TO WITHDRAW PETITION FOR EMERGENCY RELIEF:
EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
TO THE PROTHONOTARY:
Please withdraw the Petition for Emergency Relief: Exclusive Possession of Marital
Residence, that was filed by the plaintiff on January 6, 2010.
Respectfully submitted,
Date: January 13, 2010
Marlin arkley, Jr., Esquire
3920 M et Street, Suite 303
Camp ll, Pennsylvania 17011
ID# 84745 Tel. (717) 635-9538
F11?J-,;;r; ICE
OF THE
2019 JAN 15 k", 10: '32
cut r
LAURI A. KISSINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2010 - 194
MARK F. KISSINGER,
Defendant
CIVIL ACTION - AT LAW
IN DIVORCE/CUSTODY
PRAECIPE TO WITHDRAW PETITION FOR EMERGENCY
EX PARTE CUSTODY RELIEF
TO THE PROTHONOTARY:
Please withdraw the Petition for Emergency EX PARTE Custody Relief, that was filed by
the plaintiff on January 6, 2010.
Date: January 13, 2010
Respectfully
Marlin L`D
3920 Mark
Camp Hill,
ID# 84745
Xley, Jr., Esquire
Street, Suite 303
nnsylvania 17011
el. (717) 635-9538
Lindsay Gingrich Maclay, Esquire
DALEY ZUCKER MEILTON MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
ImaclayAdzmmg law.com
20110 JAN 25 2: 49
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK F. KISSINGER,
Plaintiff
No. 2009-8916
No. 2010-194
V.
LAURI A. KISSINGER,
Defendant
CIVIL ACTION - LAW
(In Custody)
STIPULATION AND AGREEMENT FOR CUSTODY
THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this -201k
day of January, 2010, by and between Mark F. Kissinger (hereinafter referred to as "Father") and
Lauri A. Kissinger (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Parties are the parents of three (3) minor children, namely, Austin Tyler
Kissinger, whose date of birth is May 29, 1998; Caleb Landon Kissinger, whose date of birth is
October 24, 2000; and Sydney Joy Kissinger, whose date of birth is February 3, 2004 (hereinafter
collectively referred to as the "Children"); and
WHEREAS, Father filed a Complaint for Custody on December 31, 2009 to the above-
referenced docket number; and
WHEREAS, Father filed a Divorce Complaint on December 31, 2009 to Docket Number
2009-8915; and
WHEREAS, Mother filed a Complaint for Custody, a Complaint for Divorce, a Petition
for Exclusive Possession of the Marital Residence, and a Petition for Emergency Ex Parte Relief
on January 6, 2010 all to docket number 2010-194; and
WHEREAS, the parties wish for the dockets to be consolidated such that all custody
matters are addressed under docket number 2009-8916; and
WHEREAS, the Parties have a Custody Conciliation Conference scheduled with
Conciliator Dawn Sunday on February 3, 2010 at noon; and
WHEREAS, the parties have resumed living in the same household; and
WHEREAS, the parties, through assistance of counsel, have reached an agreement with
regard to custody; and
WHEREAS, the Parties wish to avoid the necessity of litigation and/or attendance at the
Conciliation on the custody matter; and
WHEREAS, the Parties now wish to memorialize the terms of their agreement.
NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof and in consideration of the covenants and promises
hereinafter to be mutually kept and performed by each Party, as well as for other good and
valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be
le-fly bound, hereby- agree as follows:
1. The parties shall share legal custody of the Children. Legal custody means the
right of the parent to control in making decisions of importance in the life of their Children,
including educational, medical, and religious decisions.. Both parties shall have the right to make
all major non-emergency decisions affecting the Children's general well-being, including, but not
limited to, all decisions regarding his health, education and religion. The parties shall inform each
r
other immediately of all medical and dental appointments and problems pertaining to the
Children. Each party shall notify the other of any medical, dental, optical, counseling and other
appointments of the Children with health care providers, sufficiently in advance thereof so that
each parent can attend, if he/she so chooses.
2. Physical custody of the Children, as that term is defined in the Custody Act, shall
be shared between the parties.
3. Neither parent shall remove the children from the Commonwealth without prior
written authorization of the other parent.
4. Neither parent shall unilaterally enroll the children in another school without the
prior written authorization of the other parent.
5. Each parent and any third party in the presence of the Children shall take all
measures deemed advisable to foster a feeling of affection between the Children and the other
parent. Neither parent shall do nor shall either parent permit any third person to do or say
anything which may estrange the Children from the other parent, their spouse or relatives, or
injure the Children's opinion of the other parent or which may hamper the free and natural
development of the Children's love, affection and respect for the other parent.
The parties shall not use the Children to convey verbal messages to the other parent about
the custody situation or changes in the custody schedule.
6. Both parents shall keep the other parent informed of their current address and
telephone number(s).
7. The welfare and convenience of the Children shall be the prime consideration of
the parents in any application of the provisions of this Stipulation. Both parents are directed to
listen carefully and consider the wishes of the Children in addressing the custodial schedule, any
changes to the schedule, and any other parenting issues.
8. The parents are free to modify the terms of this Stipulation, but in order to do so,
they must be in complete agreement to any new terms.
9. The parents agree to cooperate with one another in an effort to foster a loving,
meaningful relationship between the Children and each parent.
10. Any major, long-term modifications of this Stipulation need to be in writing,
agreed to by both parents, and executed with the same formalities as this Stipulation. Minor,
short-term changes can be made orally, if agreed upon by both parents. In the event that either
parent is not in agreement with a proposed change, this Stipulation will control the custodial
arrangement until such time as the parents are able to agree, or until changed by further Order of
Court.
11. Once executed, this Stipulation, Agreement and Order shall be the only document
that controls this matter and shall supercede any previous Stipulations, Agreements and/or Orders.
IN WITNESS WHEREOF, the have set forth their hands and seals this day of
January, 2010.
WITNESSES:
Marlin Markley, Jr., Esquire
Attorne for Defendant
Mark F. Kissinger, Plaintiff
J `
4(u?n- A. Kiss g , Defend n
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• PLPC JAN 2 8 ZU1U,?
TICi i I rly
Lindsay Gingrich Maclay, Esquire 20-10 j?j, 4 -9 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 6574795 ` `
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK F. KISSINGER,
Plaintiff
V.
LAURI A. KISSINGER,
Defendant
No. 2009-8916
No. 2010-194 ve"'
CIVIL ACTION I lA W
(In Custody)
ORDER
AND NOW, this day of 2010, upon presentation and
consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED
that the attached Stipulation is made on Order of Court and that the above-referenced docket
numbers are consolidated such that all custody matters will be heard under Docket Number 2009-
8916.
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BY THE COURT,