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HomeMy WebLinkAbout10-1361n, r .?-.. i'' TvR 2010 FEB 214 F Ii 2: G 6 ^ 1 MARLIN C. HASSINGER, JR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. HEATHER NICHOLE MARKS, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Marlin C. Hassinger, Jr., by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Marlin C. Hassinger Jr., who currently resides at 1028 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant is Heather Nichole Marks, whose last known address was 1028 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary physical custody of- Name Primary Residence Marlin C. Hassinger, IJI 1028 W. Pomfret St. Carlisle, PA 17013 Logan James Hassinger, 1028 W. Pomfret St. Carlisle, PA 17013 DOB 09/03/04 12/07/05 Brody Lynn Hassinger, 1028 W. Pomfret St. 07/30/07 Carlisle, PA 17013 I79•DvPd 44 ail W3 The children were born out of wedlock. The children are presently in the custody of Heather Marks, mother, whose whereabouts are unknown at the time of filing this Complaint. Since birth, the children have resided with the following persons at the following addresses: Name Mother, Father, and Clayton Nobles Mother, Father, and Clayton Nobles Mother, Father, and Clayton Nobles Addresses Dates 374 Lumber St. birth- June 2006 Littlestown, PA 17340 648 Alexander Spring Rd. June 06-December 06 Carlisle, PA 17013 1028 W. Pomfret St. December 06- Present Carlisle, PA 17013 The mother of the children is Heather Marks, whose whereabouts are unknown and last resided at 1028 W. Pomfret St., Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of the children is Marlin Hassinger Jr., who resides at 1028 W. Pomfret St., Carlisle, Cumberland County, Pennsylvania 17013. He is not married. 4. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Name Alone Relationship 5. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Clayton Nobles Son Marlin Hassinger, III Son Logan Hassinger Son Brody Hassinger Son 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. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. 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. 9. 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: Names Address Basis of Claim None 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff is best able to provide the care and nurture which the children need for healthy development. b) A Court Order of custody and structured visitation is desired so that Plaintiff and children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. c) Plaintiff desires to maintain the family household which has been established and the continued stability of the household is in the best interest of the children. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Complaint for primary physical custody of the children. Respectfully submitted, Date:: a /'D /yJ // t-- Michael J. Whar , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff MARLIN C. HASSINGER, JR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law HEATHER NICHOLE MARKS, Defendant No. : IN 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: q? off in C. Hassi ger, Jr. 1 'tiff MARLIN C. HASSINGER, JR. IN THE COURT OF COMMON PLEAS OF P1,,AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. HEATHER NICHOLE MARX DI:FI~.NDANT • 2010-1361 C1VIL ACTION LAW IN C'USTOUY ORDER OF COURT AND NOW, Tuesday, March 02, 2010 ,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 Monday, April O5, 2010 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cam~ot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Faihire 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 hearin>. FOR THE COURT. l3y': /s/john J. Mangan, jr., Esq.,INr Custody Ccmciliator --~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990. 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 SHOUI_,D "TAKE THIS PAPER TO YOUR ATTORNEY A'I' 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. C.'umberland County [3ar Association 3? South I~edtord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r.~~ ~'~~~orv}ar~ 2010 MAR -3 AM Jd: S3 CUMB~ ~~~~/ju,+ ~ ~~~~ ~ R.YI~A ~~~' l NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARLIN C. HASSINGER, JR. Plaintiff V. HEATHER. N. MARKS (NOW HEATHER N. HASSINGER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 - 1361 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY vry LD AND NOW comes the Plaintiff, Marlin C. Hassinger, Jr., by and through his attorney, Nathan C. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff is Marlin C. Hassinger, Jr., an adult individual residing at 1028 West Pomfret Street, Unit A, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Heather N. Marks (now Heather N. Hassinger, by virtue of her marriage to Plaintiff on July 17, 2010, an adult individual whose last known address is 1028 West Pomfret Street, Unit A, Carlisle, Cumberland County, Pennsylvania 17013. 3. 77ie plaintiff and defendant are the natural parents of three minor children, namely: Name Present Residence Age Marlin C. Hassinger, III with Father 7 years D.O.B. 09/3/2004 Logan James Hassinger with Father Brody Lynn Hassinger with Father 5 years D.O.B. 12/7/2005 4 years D.O.B.07/30/2007 :r,70 , vU c k4f 35.1 4. The children are presently the subject of an Order for Custody issued April 28, 2010 by the Honorable Albert H. Masland, following a conciliation conference with John J. Mangan, Jr, Esquire on April 5, 2010, where an agreement had been reached by and between the parties providing for shared legal custody and physical custody of the children. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. The initial custody action had been filed following Mother's departure from the marital residence in early 2010 with the children for a period of ten days before Father even knew the children's whereabouts. Mother returned to the household following the filing of the complaint but prior to the conciliation conference. 6. Because Father sought to reconcile the relationship with Mother but preserve his rights to custody if Mother ever took the children again, the parties had agreed to the entry of an Order providing them with shared rights to custody. 7. Father now seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 8. On or about November 3, 2011, Mother left the marital residence at approximately 11:00 p.m., this time she did not remove the children from the home when she left. 9. Father had no contact with Mother until she called Father on the morning of November 6, 2011, though she would not reveal her location. 10. Father still does not know Mother's whereabouts as of the filing of this petition. 11. Father has been in communication with Mother's mother, Mother's brother and Mother's grandmother, and none of Mother's relatives know her whereabouts or who with whom Mother is staying. 12. The children have remained in the custody of Father since Mother's departure, however, Father fears that without an Order of Court granting him primary physical custody, Mother will attempt to remove the children from his home and expose them to a dangerous and unstable environment, while also cutting off contact between Father and the children as Mother has done in the past. 13. Mother has returned to the marital residence while Father is at work and while the children are in the care of their babysitter to see the children and to retrieve clothing and other personal items. 14. Father has not seen Mother however since her departure on November 3, 2011. 15. The circumstances leading to the parties' separation involved Father's discovery that Mother has been actively communicating with other men on internet dating sites and that as a result she has been communicating and having in-person contact with men she has met online. 16. Father does not know the names or addresses of the men whom Mother has been seeing, but believes that Mother is now staying in the home of one of these men. 17. Father fears that Mother's actions demonstrate that she is not making mature and responsible decisions about her own marriage and safety, meeting men whom she knows little to nothing about, and believes that Mother may expose the children to contact with these men, unless the Court intervenes on the children's behalf. 18. Father is gainfully employed as a contractor and has provided a stable household where he is completely capable of caring for the children's needs. 19. Father has a support structure in place to provide for the children's needs and to provide for childcare while Father is working. 20. The parties' two older children Marlin, III, and Logan, attend Mooreland Elementary School. 21. The parties' youngest child, Brody, is involved in the Head Start program through Shippensburg University. 22. Any modification to the children's residence would in result in a disruption in their educational progress and their overall stability. 23. Contemporaneously herewith, Father is filing a petition for special relief seeking an Order prohibiting Mother from removing the children from Father's custody, and limiting Mother's contact to supervised visitation until Mother's new residence can be verified and determined to be safe, appropriate and stable. 24. The best interest and permanent welfare of the children will be served by granting the relief requested because Father will be able to provide for the children's medical, educational, emotional and physical needs on a primary basis in a stable, safe, and nurturing environment. 25. The best interests and permanent welfare of the child would be served by this Court issuing an Order granting primary physical custody of the children to Father and limiting Mother to periods of supervised visitation pending further Order of Court WHEREFORE, Petitioner, Marlin C. Hassinger, Jr., prays this Honorable Court enter an Order granting primary physical custody of the child to Petitioner/Father, granting periods of visitation to Respondent/Mother, and granting shared legal custody of the child to both parties and any additional relief as the Court deems appropriate. Respectfully sub tted, WOLF & WO , Attorneys at Law Dated: November -f-/, 2011 BY: Nathan , Esquire 10 West gh treet Carlisle, Vourt 013 Supreme I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that I am the Plaintiff/petitioner in this action and that the facts set forth in this petition are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 2011 ? Mar n C. Ha/ssingerSI/ 1 U APR 2 72010 MARLIN C. HASSINGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-1361 CIVIL ACTION LAT o Q? HEATHER NICHOLE MARX (SIC), IN CUSTODY HEATHER NICHOLE MARKS, rU rn co c Defendant' - ORDER OF COURT AND NOW this ..? Ay day of April 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Marlin C. Hassinger, Jr., and the Mother, Heather Nichole Marks, shall have shared legal custody of Marlin C. Hassinger, III, born 09/03/2004, Logan James Hassinger, born 12/07/2005 and Brody Lynn Hassinger, born 07/30/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and the Father shall share physical custody of the Children as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. Each parent shall have two non-consecutive weeks of vacation with the Children 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. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 11 4 In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. 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. 9. 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, J. D' bution: ael Whare, Esquire (2 copies) john J. Mangan, Esquire e0rI.CS OKU<< Y/iG//o -!=en TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da Is' Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother 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 Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARLIN C. HASSINGER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER N. MARKS (NOW : NO. 2010 -1361 CIVIL TERM HEATHER N. HASSINGER), Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Modification of Custody upon the following individual by postage prepaid mail, addressed as follows: Heather N. Hassinger 1028 West Pomfret Street Until A Carlisle, PA 17013 Date: November , 2011 Respectfully submitted, Nathan , Esquire Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARLIN C. HASSINGER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER N. MARKS (NOW : NO. 2010 -1361 CIVIL TERM HEATHER N. HASSINGER), Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the Plaintiff, Marlin C. Hassinger, Jr., by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for special relief and in support thereof represents as follows: 1. The plaintiff is Marlin C. Hassinger, Jr., an adult individual residing at 1028 West Pomfret Street, Unit A, Carlisle, Cumberland County, Pennsylvania 17013 2. The defendant is Heather N. Marx (now Heather N. Hassinger, by virtue of her marriage to Plaintiff on July 17, 2010, an adult individual whose last known address is 1028 West Pomfret Street, Unit A., Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff and defendant are the natural parents of three minor children, namely: Name Present Residence Age Marlin C. Hassinger, III with Father 7 years D.O.B. 09/3/2004 Logan James Hassinger with Father 5 years D.O.B. 12/7/2005 Brody Lynn Hassinger with Father 4 years D.O.B.07/30/2007 4. The children are presently the subject of an Order for Custody issued April 28, 2010 by -7 0, 0 L) ce* 33 SJ 2 47.2 ?? the Honorable Albert H. Masland, following a conciliation conference with John J. Mangan, Jr, Esquire on April 5, 2010, where an agreement had been reached by and between the parties providing for shared legal custody and physical custody of the children. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. Since the entry of the aforesaid Order the parties had reconciled, married and resided together until. November 3, 2011, when Mother abruptly left the residence. 6. Father discovered that Mother was involved in internet dating sites and believes that Mother left the marital residence to stay with a man whom she met online. Neither Mother's brother, her Mother or her Grandmother know Mother's whereabouts or with whom Mother is staying. In 2010, Mother previously removed the children from the residence and Father did not know their whereabouts for approximately 10 days, and Mother did not return until the children had been away from Father for approximately 14 days. 9. Because Mother had removed the children from Father's household in early 2010, prior to the entry of any Order for custody, Father fears that without an Order granting him primary physical custody, Mother may attempt to remove the children from the jurisdiction again. 10. Father has, contemporaneously herewith, filed a petition for modification of the underlying Order as a result of the recent events seeking an Order granting him primary physical custody of the children. 11. The children have remained in the custody of Father since Mother's departure, however, Father fears that without an Order of Court granting him primary physical custody, Mother will attempt to remove the children from his home and expose them to a dangerous and unstable environment, while also cutting off contact between Father and the children as Mother has done in the past. 12. Mother has returned to the marital residence while Father is at work and while the children are in the care of their babysitter to see the children and to retrieve clothing and other personal items. 13. lather has not seen Mother however since her departure on November 3, 2011. 14. The circumstances leading to the parties' separation involved Father's discovery that Mother has been actively communicating with other men on internet dating sites and that as a result she has been communicating and having in-person contact with men she has met online. 15. Father does not know the names or addresses of the men whom Mother has been seeing, but believes that Mother is now staying in the home of one of these men. 16. Father fears that Mother's actions demonstrate that she is not making mature and responsible decisions about her own marriage and safety, meeting men whom she knows little to nothing about, and believes that Mother may expose the children to contact with these men, unless the Court intervenes on the children's behalf. 17. Father is gainfully employed as a contractor and has provided a stable household where he is completely capable of caring for the children's needs. 18. Father has a support structure in place to provide for the children's needs and to provide for childcare while Father is working. 19. Father is willing to accommodate supervised visits with Mother and telephone contact between Mother and the children, and submits that the parties live-in babysitter, Jacqueline Gardner, or Mother's brother (the children's maternal uncle) Shane Marks, would be appropriate supervisors. 20. Ultimately, it is submitted that special relief is needed to ensure the safety of the children, as Father does not know who Mother is currently residing with, or where she is residing. 21. Likewise, it is submitted that without the relief requested herein, if Mother removed the children from. Father's custody he would be unable to locate the children to secure their return and in the interim, Father cannot be certain that the individual with whom Mother is staying does not pose a threat to the children's safety. 22. Moreover, if Mother removed the children from Father's custody, their education progress would be unnecessarily interrupted, as the oldest two children attend Mooreland Elementary School and the youngest child is enrolled in the Head Start program through Shippensburg University. 23. Father believes that Mother would not intentionally expose the children to harm but that her decision making renders her judgment calls into question the propriety of her decision-making. 24. Father submits that the children's best interests and permanent welfare would be best served by granting him primary physical custody. 25. The prior judge assigned to this matter is the Honorable Albert H. Masland, J. 26. Father believes that the best interests of the children will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Plaintiff, Marlin C. Hassinger, Jr., respectfully requests that the Court enter a temporary order granting physical custody of the children to him and directing that Mother shall be limited to periods of supervised visitation with the children for periods of two hours on two days per week, pending further Order of Court, and such other relief as set forth on the proposed Order of Court submitted herewith, along with any additional relief that the Court may deem appropriate and just. Respectfully sub ed, WOLF & WO Attornevs at Law Date: November //-, 2011 By: I atha , Esquire reet 10 W st rIIA C ar 7013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. 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. November-// , 2011 x9iz::_L Marli C. H ssing r. 7 APR 2 7 2010 MARLIN C. HASSINGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-1361 CIVIL ACTION LA`f o HEATHER NICHOLE MARX (SIC), IN CUSTODY HEATHER NICHOLE MARKS, co ?"? Defendant ORDER OF COURT C AND NOW this :a day of April 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Marlin C. Hassinger, Jr., and the Mother, Heather Nichole Marks, shall have shared legal custody of Marlin C. Hassinger, III, born 09/03/2004, Logan James Hassinger, born 12/07/2005 and Brody Lynn Hassinger, born 07/30/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and the Father shall share physical custody of the Children as the parties may mutually agree. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Children 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. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. tmw 4A11 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. 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. 9. 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, _D' button: ?/iVI hael Whare, Esquire (2 copies) J. Mangan, Esquire cor I 'CS 010%h L `a Vioallo r-=eq J. TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1 Half From 9 am until 3 Father Mother Easter Da 2 Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 Father Mother Labor Da From 9 am until 9 pin Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 13 From 8 am Thanksgiving Day to 2 Father Mother Half on Thanksgiving Da Thanksgiving 2 From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1" (with the 12/31 year to control the even/odd determination Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 pm I Father Father NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARLIN C. HASSINGER, JR. Plaintiff V. HEATHER N. MARKS (NOW HEATHER N. HASSINGER), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 -1361 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Special Reliefupon the following individual by postage prepaid mail, addressed as follows: Date: November I 2011 Heather N. Hassinger 1028 West Pomfret Street Until A Carlisle, PA 17013 S MARLIN C. HASSINGER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER N. MARKS (NOW : NO. 2010 -1361 CIVIL TERM C-) CD -n HEATHER N. HASSINGER), ° rni= Defendant : IN CUSTODY FEr c -0m ORDER OF COURT < + zc =s _ C)--n n f W,17 id d C l i f _ L? w c) --ir°? 2011, upon cons era AND NOW this ay o ? t on o t foregoing petition for special relief filed by the Plaintiff, the petition is hereby GRANTED and the following relief is ordered: (1) The parties shall continue to share legal custody of the children, Marlin C. Hassinger, III, D.O.B. 09/3/2004, Logan James Hassinger, D.O.B. 12/7/2005, and Brody Lynn Hassinger, D.O.B. 07/30/2007. (2) Father shall have sole physical custody of the children. (3) Mother shall not be permitted to remove the children from the custody of Father or any party supervising her visits with the children. (4) Pending further Order of Court, Mother shall have periods of supervised visitation with the child for two hours on no less than two days per week, said supervisor to be the parties' babysitter, Jacqueline Gardner, or the children's maternal uncle, Shane Marks. (5) Pending the conciliation conference, Father shall permit reasonable contact between Mother and the children by telephone. (6) If he has not already done so, Father shall file a petition for modification within 10 days of the date of this Order. BY THE COURT: /Z,-? zl-? ALBERT H. MAS ND, J. Distribution: UQY' 'Nathan C. Wolf, Esquire for Plaintiff Cp 'S'l__f,,,,pp `e Heather N. Hassinger, pro se Defendant I pI.+7 ? Court Administration- ir, bile MARLIN C. HASSINGER, JR., Plaintiff vs. HEATHER N. MARKS (n/k/a) HEATHER N. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1361 CIVIL ACTION -LAW -) ra IN CUSTODY co ?PRAECIPE FOR ENTRY OF APPEARANCE To David D. Buell, Prothonotary: M _ cn? E's -v Tr G: ? --e w Please enter my appearance on behalf of the Defendant, Heather N. Hassinger, in the above captioned case. Respectfully submitted, all& Jes ca Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 rTl --- r- c_a Z53 --r C)M --t r Date: MARLIN C. HASSINGER, JR., Plaintiff vs. HEATHER N. MARKS (n/k/a) HEATHER N. HAS SINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1361 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Amy Devins, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: ' ?-I) r ?. Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 MARLIN C. HASSINGER, JR. PLAINTIFF V. HEATHER N. MARKS, A/K/A HEATHER N. HASSINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) ? -z, 2010-1361 CIVIL ACTION LAW D Cn o IN CUSTODY ?G ?. c'? - LD p rn L n ORDER OF COURT AND NOW, Thursda ,November 17, 2011 , 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 Tuesday, December 27, 2011 at 2:30 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn J. Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. .For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Lo e? ?e6bl -/a wo?'? ? & McU eat ?? ?Py y MARLIN C. HASSINGER, JR., Plaintiff V. HEATHER N. HASSINGER, F/K/A HEATHER N. MARCKS Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1361 CIVIL ACTION LAW IN CUSTODY j ORDER OF COURT AND NOW this day of January 2012, upon consideration of the attached Custody Conciliation Report, it is 40rere-dand Directed as follows: 1. Legal Custody: The Father, Marlin Hassinger, and the Mother, Heather Hassinger, shall have shared legal custody of Marlin C. Hassinger, III, born 09/03/2004, Logan J. Hassinger, born 12/07/2005 and Brody L. Hassinger, born 07/30/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: a. Commencing Friday 01/06/12, Mother shall have physical custody of the Children on alternating weekends from Friday 6:00 pm until Sunday 6:00 pm (times to be altered by mutual agreement). Mother shall pick the Children up from Father's residence on Friday after work and the parties shall meet at the Nell's Store on Spring Rd to exchange custody on Sunday. By agreement of the parties, Mother's overnights with the Children shall occur at maternal grandmother's residence. b. Mother shall also have physical custody two evenings per week with the Children from 5:00 pm until 8:00 pm (the exact evenings by agreement of the parties). C. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, a holiday schedule shall be established at the conference in March 2012. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. 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. 8. A status conference with the assigned conciliator is hereby scheduled for Tuesday March 13, 2012 at 9:00 am. 9. 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: Jessica Holst, Esquire ? Nathan Wolf, Esquire ? John J. Mangan, Esquire 6?p,es ika;1,-d 1 s/ra x-n rn ?. ?rn C? c3 v'G .. z cn MARLIN C. HASSINGER, JR., Plaintiff V. HEATHER N. HASSINGER, F/K/A HEATHER N. MARCKS Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1361 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 informatio litigation is as follows: Name Marlin C. Hassinger, III Logan J. Hassinger Brody L. Hassinger n pertaining to the Children who are the subject of this Date of Birth Currently in the Custody of 09/03/2004 Primary Father 12/07/2005 Primary Father 07/30/2007 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 27, 2011 with the following individuals in attendance: The Mother, Heather Hassinger, with her counsel, Jessica Holst, Esq. The Father, Marlin Hassinger, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. l Z- Date John an , Esquire Cust y C ciliator