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10-1904
1 .6 ALISHA R. HASSINGER Plaintiff V. JASON D. HASSINGER Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 16- 1g6q c?,l CIVIL ACTION -LAW IN CUSTODY ?COMPLAINT FOR CUSTODY c3 AND NOW, this _LjNy of March, 2010, comes the Plaintiff, Alisha R. Hassinger, by and through her undersigned attorney, Joseph L. Hitchings, Esquire and avers in support of her Complaint for Custody as follows: 1. Plaintiff, Alisha R. Hassinger, is an adult individual residing at 729 Valley Street, Enola, Cumberland County, Pennsylvania 17025. Plaintiff is the Mother of the child. 2. Defendant, Jason D. Hassinger, is an adult individual residing at 24 Aspen Drive, Lewistown, Mifflin County, Pennsylvania 17044. Defendant is the Father of the child. 3. Plaintiff seeks primary physical custody of the following minor child: Name: Cullen Phoenix Hassinger; Present Residence: 729 Valley Street, Enola, PA 17025; Date of Birth: June 3, 2009; Age: 9 months. 4. The child was born of the marriage between the parties. ?n ;J rn y-/J5. Gd P'C -'tly ok-" /a 0 G A-ff .13 g0 r1 L 5. Since birth, the child has resided with the following persons and at the following addresses: a. Names: Alisha R. Hassinger, Jason D. Hassinger, Summer Price Address: 729 Valley Street, Enola, PA 17025 Dates: Birth February 14, 2010 b. Names: Alisha R. Hassinger, Summer Price Address: 729 Valley Street, Enola, PA 17025 Dates: February 14, 2010 - present 6. Plaintiff has not participated as a party in any other litigation concerning custody of the child in this Court or any other Court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. Defendant has verbally and physically assaulted Plaintiff in front of the minor child, resulting in the filling and entry of a Temporary Protection from Abuse Order. A Hearing on the Protection from Abuse Petition has been scheduled for March 18, 2010. The minor child has also been physically harmed by Defendant's daughter from a prior relationship. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff can provide her son with a safe, loving, and stable home environment, free of abuse. It is further requested that any visitation with Defendant be supervised. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Alisha R. Hassinger, respectfully requests that this Honorable Court grant her primary physical custody of her minor son, Cullen Phoenix Hassinger. Respectfully Submitted, GS LAW OFFICE Joseph L. Ultchifts, uin Attorney ID No. 65551-' 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Facsimile: (717) 790-6019 Attorney for Plaintiff VERIFICATION I, Alisha R. Hassinger, verify that the statements made in this Complaint For Custody 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. S11(.410 u 0, Date Alisha R. Hassinger ALISHA R. HASSINGER IN THE COURT OF COMMON PLEAS OF PL..AINTIFF CUMBERLAND COUNTY, PENNSYI...VANIA V. • 2010-1904 CIVIL ACTION LAW JASON D. HASSINGER 1N CUSTODY ORDER OF COURT AND NOw', Wednesday, March 24, 2010 ,upon consideration of the attached Complaint, it is hereby directed that par't'ies and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Tuesday, April 27, 2010 at 10:30 AM _--_. ___..._ Y_ _..---- --.... __ _._. _..._- -___._.. _ .......---- _ __ for aPre-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 C'OURT'. By: __ /s/ _ ~~ueline M. Verney, Es . _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply ~a~ith the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the co~u~t, please contact our office. .All arrangements must he made at least 72 hours prior to any hearing or business befrn~e the court. Y~~~u must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AT"I'ORNEY A"I` ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE"t FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~ '~~~~~~ ZQ1~ MAR 25 P~! } : Uk ~+~~~~TL`-1~`lL.l +~r~..it.~i~~ t PE; ~ttiS``L4fr'~NfA 3 ~ a5 ~ t C> Ce~r-~-~ Cs~~ mc~,.~- ~ e~ -~ 1-~- ~ ~c1~1 ~~n S 3 • a S • ~ O C[~ ~~0.c~e..~ i'n ~~~ tie-t'~``~S '~i `~e . ^~ fly' i r'~ ; ~~ti,_ -fi~r~~-"~~, 2010 OAT -~ P1 ~ 3= cu~~~~~~t~~~ cav~;~~F ALISHA R. HASSINGER, °~~~?;S'~'~-l~~~I-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff NO: 10-1904 v. : CIVIL ACTION -LAW JASON D. HASSINGER, IN CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Joseph L. Hitchings, Esquire on behalf of Alisha R. Hassinger, in the above captioned action. Date: /~= / ~ By s seph L. Hkngs, Es A Suprem Court ID No: 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 51 ENTRY OF APPEARANCE Please kindly enter the appearance of Kelly M. Knight, Esquire and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of Alisha R. Hassinger, the Plaintiff in the above captioned action. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Plaintiff Dated: October 7, 2010 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Trudy A. Marietta Mintz, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Joseph L. Hitchings, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 [NGHAM.& CH ICOFF, P.C. Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: October 7, 2010 F:\Home\KKNIGHIIDOCS\HASSINGER.ALISHA\Entry of Appeazance.wpd ~,ui~i~iiv~ntiivi ~ i,n~tuvi~.~rr, r.~.;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOMESTIC RELATIONS SECTION ALISHA R. HASSINGER NO: 10-1904 ,~ Plaintiff, ~ ~ v. CIVIL ACTION -LAW ~~ ~., ~~ ~ ~ ~, JASON HASSINGER IN CUSTODY -< © Defendant, ~~ ,,a , ~ac~ ~`-' a ~~ MOTION FOR CONTINUANCE ~ . •~ .~ -,- To the Honorable, Judges of the Said Court: AND NOW COMES, Jason D. Hassinger, by his counsel, Trudy A. Marietta Mintz, Esq., submits the following Motion for Continuance and in support thereof represents that: 1. A Modification Conference is currently scheduled for October 28th, 2010 at 8:30a.m. 2. Due to a prior court commitment, counsel is unavailable to appear at the hearing currently scheduled. 3. The undersigned counsel has contacted opposing counsel, Kelly M. Knight, Esq., who has graciously agreed to a Continuance. WHEREFORE, Defendant, by his attorney, respectfully requests this Honorable Court grant the request for a continuance in the above captioned matter. Respectfully subd, Tr'Gdy A. Marietta ' tz, Esq. PA ID 208523 Dethlefs-Pyko Law Group 2132 Market treet Camp Hill, PA 17011 OCT 212010 ALISHA R. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA • ~ a V. : N0.2010-1904 CIVIL ACTION - L~~ o JASON D. HASSINGER, . ,~ rn ~ ~ o 'c Defendant r"~.. ~ : IN CUSTODY ~ ~o ~ a ~ ~ a ORDER OF COURT ~ ;c --~ --~; cn AND NOW, this Z`~ ' day of D vF'• b•r , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Alisha R. Hassinger and the Father, Jason D. Hassinger, shall have shared legal custody of Cullen Phoenix Hassinger, born June 3, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have aphased-in period of partial physical custody for the next four weekends as follows: A. Saturday, October 30, 2010 from 4:00 p.m. to 8:00 p.m. The first hour shall be at the home of the maternal grandmother. a --~ r~n ~° rn ~a o o, -+o x~ o-,~ a~ ~~ n -s B. Sunday, October 31, 2010 from 8:00 a.m. to 12:00 noon. 1 . t C. Saturday, November 6, 2010 from 4:00 p.m. to 8:00 p.m. D. Sunday, November 7, 2010 from 8:00 a.m. to 12:00 noon. E. The following two Saturdays and Sundays from 10:00 a.m. to 6:00 p.m. F. Father shall have four hours of partial physical custody of the child on Thanksgiving Day at times as agreed by the parties. 4. Father shall be responsible for all transportation. Pick up and drop off shall be a maternal grandmother's home. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 30, at 8:30 a.m. BY THE COURT, J. cc. ~Ily M. Knight, Esquire, Counsel for Mother rudy A. Marietta Mintz, Esquire, Counsel for Father r., ,,,,., ~ rn ep tQ.3 rr~.~t~L c '~ m ~' ca :'~' i t=r !~/~/lU ~~ ~ ~ ~~ , o ~ b a z ~ ~" z ~ °rn -' ~ -< v ~ ~ `n -t OCfi 2 7 2010 ALISHA R. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2010-1904 CIVIL ACTION -LAW JASON D. HASSINGER, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cullen Phoenix Hassinger June 3, 2009 Mother 2. A Conciliation Conference was held in this matter on October 26, 2010, with the following in attendance: The Mother, Alisha R. Hassinger, with her counsel, Kelly M. Knight, Esquire, and the Father, Jason D. Hassinger, with his counsel, Trudy A. Marietta Mintz, Esquire. 3. The Honorable Kevin A. Hess, P.J., entered a PFA Order against Father dated March 18, 2010. There were no provisions regarding custody in the PFA Order. 4. The parties agreed to an Order in the form as attached. Date: /o - a-4 - / o /~l Jac eline M. Verney, Esquire Custody Conciliator . 6 f? NOV 3 M aiu ALISHA R. HASSINGER, Plaintiff V. JASON D. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-1904 : IN CUSTODY ORDER OF COURT CIVIL ACTIONc.)LAW c G X rrnn r°" ?? n _< -<> a D C-) C) ?C= tv i C3 n =-n :n-urn 0 -4 o O?+ri 2 n oM AND NOW, this jdt day of , 2010, upon rn consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the /,Jr- day of 2011, at 10 J dze o'clock, 6. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The prior Order of Court dated October 29, 2010 is hereby vacated. 3. Pending further Order of Court or agreement of the parties, the following Order of Court shall remain in full force and effect. 3. The Mother, Alisha R. Hassinger and the Father, Jason D. Hassinger, shall have shared legal custody of Cullen Phoenix Hassinger, born June 3, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of partial physical custody as follows: A. Every Wednesday from 11:00 a.m. to Thursday at 7:00 p.m. B. Beginning December 3, 2010, alternating weekends from Friday at 11:00 a.m. to Sunday at 5:00 p.m. 6. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. B. Father shall have a block of time with the child on the child's birthday. C. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. D. The parties shall alternate all other holidays as agreed. 7. Father shall be responsible for all transportation. Until arrangements can be made with the Visitation Center at the YWCA in Harrisburg to be paid for by Father, or some other agreed to neutral location, Paternal Grandmother shall pick up the child at Mother's home for the 11:00 a.m. pickups and drop off shall be at Maternal Grandmother's home. 8. 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, ,Y 'Ad4l Kevin A. Oess. P.J. cc• K?ly Knight, Esquire, counsel for Mother cc: A. Marietta Mintz, Esquire, Counsel for Father t- ES rrr'3 LCL ALISHA R. HASSINGER, Plaintiff V. JASON D. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-1904 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cullen Phoenix Hassinger June 3, 2009 Mother 2. A Conciliation Conference was held November 30, 2010 with the following individuals in attendance: The Mother, Alisha R. Hassinger, with her counsel, Kelly Knight, Esquire, and the Father, Jason D. Hassinger, with his counsel, Trudy A. Marietta Mintz, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated October 29, 2010 providing for shared legal custody, Mother having primary physical custody and Father having a phased-in schedule of partial physical custody. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends and one overnight each week. Mother maintains that Father has not parented a child by himself; that Father now lives over one hour away and the transportation is excessive considering the age of the child. There is also a PFA against Father which makes communication difficult. Lastly, Mother does not believe a shared physical custody schedule would work because the parents do not have a cooperative relationship. Mother also believes that Father is seeking a shared physical custody order to reduce his child support obligation. 5. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off schedule. Father maintains that a week ti on/week off schedule would minimize transportation time for the child and provide greater stability for the child, providing a base in each parent's home. He also asserts that he has parented a child before. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shared legal custody, with Mother having primary physical custody and Father having 5 overnights in a 14 day period. It is expected that the Hearing will require one day. //- -3oT,0 - ?. A - Date ac eline M. Verney, Esquire Custody Conciliator FILED-OFFICE OF THE PROTHONOTARY 1010 DEC 2Q AM 8, 28 CUMBERLAND COUNTY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Supreme Court ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ALISHA HASSINGER, Plaintiff V. JASON HASSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2010-1904 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Kelly M. Knight, Esquire of Cunningham & Chernicoff, P.C., on behalf of Alisha Hassinger, Plaintiff in the above-captioned custody action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, rf, Margard M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 Attorney I.D. No. 89633 Date: ' a3 I C) P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney I.D. No. 87365 Date: Z9_ 5?1?. FILED-OFFICE OF THE PROTHONOTARY 2011 ':°:., ,. , O6 CU"{ 'STY MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: msimok(a)cognettilaw.com Attorneys for Plaintiff ALISHA R. HASSINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JASON D. HASSINGER, Defendant : DOCKET NO. 10-1904 CIVIL CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT DISCOVERY AND NOW, comes the Plaintiff, Alisha R. Hassinger, by and through her attorney, Margaret M. Simok, Esquire, of Maria P. Cognetti & Associates, and files this Motion for Leave to Conduct Discovery in the above captioned-matter and in support thereof, avers as follows: 1. Plaintiff is Alisha R. Hassinger, (hereinafter referred to as "Mother"), who currently resides at 729 Valley Street, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Jason D. Hassinger, (hereinafter referred to as "Father"), who is believed to reside at 24 Aspen Drive, Lewistown, Mifflin County, Pennsylvania. 3. Mother and Father are the natural parents of Cullen Phoenix Hassinger, born June of 2009, (hereinafter referred to as "Child"). 4. Mother filed a Custody Complaint on March 18, 2010. 5. Father filed a Counter-Complaint in Custody on March 31, 2010. 6. Mother filed Plaintiff's Answer to Defendant's Counterclaim for Custody on April 16, 2010. 7. After a Custody Conference, an Order of Court was issued on October 29, 2010, providing the parties with shared legal custody of Child, Mother primary physical custody of Child and Father phased-in periods of partial physical custody. 8. The October 29, 2010 Order set a second Custody Conference for November 30, 2010. 9. After the November 30, 2010 conference, an Order of Court was issued on December 1, 2010, setting a hearing for March 1, 2011, vacating the October 29, 2010 Order. The November 30, 2010 Order provided the parents with shared legal custody, Mother with primary physical custody, and Father with periods of partial custody that included every Wednesday from 11:00 a.m. to Thursday at 7:00 p.m., and alternating weekends, from Friday at 11:00 a.m. to Sunday at 5:00p.m. A holiday schedule and transportation arrangements were included in the December 1, 2010 Order. 10. Father has been unable or unwilling to provide Mother with information on Father's living situation. 11. Father has not provided Mother with names or addresses of caregivers for Child when in Father's custody. 12. Given that Father is believed to have relocated to the Lewistown, Pennsylvania area, Mother has concerns for who may or may not be caring for Child when the Child is in Father's custody. Father has refused to provide Mother with his work schedule, so that Mother is unaware if 2 Child is actually spending time with Father or he is working throughout his custody period. 13. Mother believes and therefore avers that it is not in the best interests of the Child to be with an unknown third party, or various unknown third parties. WHEREFORE, Plaintiff, Alisha R. Hassinger, respectfully requests this Honorable Court enter an Order granting leave for Plaintiff to conduct discovery in the above-captioned custody in requiring that Defendant provide to Plaintiff- 1 . Written authorization of release for his employment records regarding his work days and hours and the person and address to whom such a request should be directed. 2. A written list of names and addresses of any and all child care providers who assist Father in the care of Child during his custody periods. 3. A lease, deed, or other document(s) indicating the location of his residence in the Lewistown, Pennsylvania area or anywhere else where he may now be living, along with details of with whom he resides. Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES Date: January 13, 2011 By: rn . ? MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 3 VERIFICATION I, ALISHA R. HASSINGER, hereby verify and state that the facts set forth in the foregoing document 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.A. §4904 relating to un-sworn falsification to authorities. DATE: 19nk i ft Q 2? !V:? ?? ALISHA R. HASSINGER CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Plaintiff's Motion for Leave to Conduct Discovery at the address indicated below: Trudy Ann Marietta Mintz, Esquire Dethlefs-Pykosh Law Group LLC 2132 Market Street Camp Hill, PA 17011-4706 Service by: Personal service via hand delivery x Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: January 13, 2011 By; MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff FiLED-OFFICE Cr THE PRO T NONO TARP 2011 JAN 25 PM 2: 22 CUMBERLAND COOS Y PENNSYLVANIA ALISHA R. HASSINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-1904 CIVIL JASON D. HASSINGER, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this zY ' day of 4r , 2011, upon consideration of the attached Plaintiff's Motion for Leave to Conduct Discovery, a Rule is hereby issued on Defendant to Show Cause, if any there be, why the relief requested should not be granted. Rule returnable Zo days from service or Rule returnable at hearing on this matter, scheduled for the day of , 2011 at o'clock _.m., Courtroom No. , Cumberland County, Pennsylvania.. Distribution: ?Margaret M. Simok, Esquire, Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 - Phone: (717) 909-4060/Fax: (717) 909-4068 ?Trudy Ann Marietta Mintz, Esquire, Dethlefs-Pykosh Law Group, LLC, 2132 Market Street, Camp Hill, PA 17011 - Phone: (717) 975-9446/Fax: (717) 975-2309 00l Made) es / r o/ rl DM BY THE COURT / + r F/Lr,D- li i r. t r 4? . ! t ! 3?.e r MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: msimok(-kognettilaw.com Attorneys for Plaintiff ALISHA R. HASSINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JASON D. HASSINGER, Defendant : DOCKET NO. 10-1904 CIVIL CIVIL ACTION -LAW IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Margaret M. Simok, Esquire, of Maria P. Cognetti & Associates, who respectfully requests this Honorable Court order Defendant to provide discovery requested in the Motion for Leave to Conduct Discovery, filed on January 14, 2011, and in support thereof, counsel for Plaintiff avers as follows: 1. On January 14, 2011, the undersigned filed Plaintiff's Motion for Leave to Conduct Discovery on behalf of Alisha R. Hassinger in the above-captioned matter. 2. On January 24, 2011, the Honorable Kevin A. Hess entered a Rule to Show Cause returnable in twenty (20) days on Defendant, to show cause if any why the relief requested in the January 14, 2011 pleading should not be granted. 3. On January 28, 2011, the undersigned caused the Rule to Show Cause to be served on Defendant's counsel, Trudy Ann Marietta Mintz, Esquire, via first-class, postage pre-paid mail (a copy of the letter evidencing service of the Rule is attached hereto and marked as Exhibit "A"). 4. More than twenty (20) days have elapsed since the Rule to Show Cause was issued upon Defendant's counsel. 5. To the best of undersigned's knowledge, Defendant's counsel has not responded to the Rule, objecting to undersigned's request for discovery. WHEREFORE, Margaret M. Simok, Esquire, of Maria P. Cognetti & Associates, respectfully requests this Honorable Court grant the request for discovery and order Defendant to provide the following within five (5) days of date of service of Order: a. Written authorization of release for his employment records regarding his work days and hours and the person and address to whom such a request should be directed. b. A written list of names and addresses of any and all childcare providers who assist Defendant in the care of child during his custody periods. C. A lease, deed, or other document(s) indicating the location of his residence in the Lewistown, Pennsylvania area, or anywhere else where he may now be living, along with details of with whom he resides. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 18, 2011 By: C._ MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ??'??iT Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909-4068 Maria P. Cognetli* Practice Limited to Matrimonial Law Margaret M. Simok Attorney at Law Attorney at Law 'Fellow, American Academy of Karen A. Sheriff Matrimonial Lawyers Paralegal Fellow, International Academy of Matrimonial Lawyers January 28, 2011 Trudy Ann Marietta Mintz, Esquire Dethlefs-Pykosh Law Group LLC 2132 Market Street Camp Hill, PA 17011-4706 RE: HASSINGER v. HASSINGER Our File No. 896 Dear Attomey Mintz: Enclosed please find a copy of the January 24, 2011 Order from Judge Hess requesting a Rule to Show Cause returnable within twenty (20) days from date of service regarding our Motion for Leave to Conduct Discovery in the custody matter. Very truly yours, Margaret M. Simok MMS/lb Enclosure cc: Alisha R. Hassinger (w/ enclosure) F ILE -G F{CE Trudy A. Marietta Mintz, Esquire The Law Office of Trudy A. Marietta Mintz 14 N. Walnut Street Ste. 1 Mechanicsburg, PA 17055 (717) 919-5992 tmmlaw(a>yahoo.com ALISHA R. HASSINGER Plaintiff V. JASON D. HASSINGER Defendant Z? €1 FF0 22 kff°i S' . ? 9 E E; "'S`11 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1904 CIVIL ACTION - LAW IN CUSTODY AMENDED COUNTER-COMPLAINT IN CUSTODY AND NOW, this 20'h day of February, 2011, comes the Defendant/Counter- Plaintiff, JASON D. HASSINGER, by and through his attorney, Trudy A. Marietta Mintz, Esquire, bring this Amended Counter-Complaint for Custody and for cause states as follows: 1. Defendant/Counter-Plaintiff Jason D. Hassinger is an adult individual residing at 24 Aspen Drive, Lewiston, Northumberland County, PA 17044. 2. Defendant/Counter Plaintiff is the father of the children who are the subject of this Amended Counter-Complaint for Custody. 3. Plaintiff/Counter Defendant Alisha R. Hassinger is an adult individual residing at 729 Valley Street, Enola, Cumberland County, Pennsylvania, 17025. 4. Plaintiff/Counter-Defendant is the mother of the children who are the subject of this Amended Counter-complaint for Custody. The minor child or the parties, Sailor York Hassinger, was inadvertently not previously added to this Complaint for Custody following his birth. 6. Counsel for Plaintiff has verbally agreed to Amending the Complaint to include Sailor York Hassinger. 7. Failure to include Sailor York Hassinger in the case at bar would result in two (2) separate cases on separate tracks for the children of the parties, increasing expenses, misusing the Court's time and potentially resulting in an inequitable result for the siblings. The relevant information regarding the minor child is as follows: Name: Sailor York Hassinger Present Residence: 729 Valley Street, Enola, PA 17025 Date of Birth: September 13, 2010 Present Age: 5 months 9. Sailor York Hassinger was born in wedlock seven (7) months after the parties' separation. 10. Since birth Sailor York Hassinger has resided with the following persons and at the following addresses: Names: Alisha R. Hassinger, Summer Price Address: 729 Valley Street, Enola, PA 17025 Dates: Birth to present 11. Defendant/Counter-Plaintiff has not participated as a party in any other litigation concerning custody of the child in this Court or any other Court. 12. Defendant/Counter-Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. Defendant/Counter-Plaintiff does not know of a :person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who currently has physical custody of the child have been named as parties to this action. 15. Plaintiff/ Counter-Defendant refused to provide information regarding the pregnancy of the parties' second child, Sailor York, including but not limited to the health, gender and safety of the fetus despite repeated requests. 16. Plaintiff failed to inform the Defendant/Counter-Plaintiff of the birth, relying on counsel to inform Mr. Hassinger three (3) days after the birth that it had taken place. 17. Plaintiff/Counter-Defendant placed the health and safety of the unborn Sailor York at risk when she obtained a large tattoo on her forearm while knowingly approximately four (4) months pregnant in contravention of standard medical practice which discourages pregnant women from tattooing due to health risks. 18. Defendant/Counter-Plaintiff sought genetic testing to ascertain the parentage of the child, Sailor York which showed that he was indeed the father. 19. The best interest of the child, Sailor York, would be best served by awarding sole legal and physical custody to the Defendant/Counter-Plaintiff, JASON D. HASSINGER, because he can provide a calm and loving home with the active involvement of extended family, including grand-parents, free of dangerous and unstable behavior, and in keeping with traditional values. Although Defendant/Counter-Plaintiff seeks sole: legal and physical custody, he is agreeable to liberal supervised visitation rights for the Plaintiff/Counter-Defendant predicated upon continuing psychiatric treatment. WHEREFORE, Defendant/Counter-Plaintiff, JASON D. HASSINGER, respectfully requests that this Honorable Court grant him sole legal and physical custody of his minor sons, Cullen Phoenix Hassinger and Sailor York: Hassinger. TRUDY A. ETTA MINTZ, Esquire PA ID #20 23 The La Office of Trudy A. Marietta Mintz 14 N. al nut Street Mechanicsburg, Pa 17055 (717) 919-5992 tmmlaw&a yahoo.com Attorney for Defendant/Counter-Plaintiff VERIFICATION I, Jason D. Hassinger, hereby verify that the statements made in the foregoing document 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 unsworn falsification to authorities. Jason D. H anger Date: / ALISHA R. HASSINGER Plaintiff V. JASON D. HASSINGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1904 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on the 21st day of February, 2011 a true and correct copy of the foregoing Amended Counter-Complaint for Custody was mailed, first class postage prepaid to : Margaret M. Simok Maria P. Cognetti & Associates 210 Grandview Avenue Ste. 102 Camp Hill, PA 17011 TRUDY A. MPMETI'A MINTZ, Esquire PA ID# 208513 The Law Office of Trudy A. Marietta Mintz 14 N. Walnut Street Ste. 1 Mechanicsburg, PA 17055 (717) 919-5992 tmmlawkyahoo.com F3LCD0- F; Iu - H E_ P R, 'r Ht 0 il:"' 01 MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOIC, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 E-mail: msimok(akoanettilaw.com Attorneys for Plaintiff ALISHA R. HASSINGER, Plaintiff V. JASON D. HASSINGER, Defendant u1I FEB 24 AH B: 4 1 '1,1MBERLAND COUNT"' PENNSYLVA111.A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-1904 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 'Z'30 day of 2011, upon consideration of the Plaintiff's Motion to for Leave to Conduct Discovery and Motion to Make Rule Absolute, and noting that no response or objection has been filed by Defendant, it is hereby ordered that Defendant provide to counsel for Plaintiff the following: 1. Written authorization of release for his employment records regarding his work days and hours and the person and address to whom such a request should be directed. 2. A written list of names and addresses of any and all childcare providers who assist Defendant in the care of child during his custody periods. 3. A lease, deed, or other document(s) indicating the location of his residence in the Lewistown, Pennsylvania area, or anywhere else where he may now be living, along with details of with whom he resides. By the Court: pistribution: V Trudy Ann Marietta Mintz, Esquire, Dethlefs-Pykosh Law Group, LLC, 2132 Market Street, Camp Hill, PA 17011 Phone (717) 975-9446/Fax (717) 975-2309 ?Margaret M. Simok, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Phone: (717) 909-4060/Fax (909) 909-4068 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALISHA R. HASSINGER, ` ` - Plaintiff " w f CIVIL ACTION - LAVA IN CUSTODY V. NO. 10-1904 TM, JASON D. HASSINGER, Defendant * * * MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL To the Honorable, Judges of the Said Court: AND NOW COMES, Jason Hassinger, by his counsel, Trudy A. Marietta Mintz, Esq., submits the following Motion to Withdraw and Substitute Counsel, and in support thereof represents that: 1. Trudy A. Marietta Mintz, Esquire is no longer employed by Dethlefs- Pykosh Law Group, LLC. 2. The undersigned counsel has contacted Jason Hassinger, who has requested continued representation by Trudy A. Marietta Mintz, Esq., in the above referenced matter. WHEREFORE, Defendant, by his attorney, respectfully requests this Honorable Court grant the request to Withdraw Dethlefs Pykosh Law Group, LLC and Substitute for The Law Office of Trudy A. Marietta Mintz. Respe ,ivd6mitted, ?- o, rudy A. Marietta M' tz, Esq. PAID 208523 The Law Offi of Trudy A. Marietta Mintz 14 North Walnut Street, Suite 1 Mechanicsburg, PA 17055 I r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALISHA R. HASSINGER, Plaintiff V. JASON D. HASSINGER, Defendant CIVIL ACTION - LAW IN CUSTODY NO. 10-1904 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on the `Jday 4"- 011 a true and correct copy of the foregoing Motion to Withdraw and Substitute Counsel was mailed, first class postage prepaid to: Margaret M. Simok Maria P. Cognetti & Associates 210 Grandview Avenue Ste. 102 Camp Hill, PA 17011 TlxAy `A. M ' eta Mintz, Esquire PA ID# 20 23 The Law ffice of Trudy A. Marietta Mintz 14 North Walnut Street Ste. 1 Mechanicsburg, PA 17055 (717) 919-5992 tmmlaw@yahoo.com Attorney for Defendant/ Counter-Plaintiff f-, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALISHA R. HASSINGER, Plaintiff CIVIL ACTION -LAW IN CUSTODY V. NO. 10-1904 JASON D. HASSINGER, Defendant ORDER AND NOW, this zg `day of ?. 2011, upon consideration of the attached Motion to Withdraw and Substitute Counsel, the appearance of Dethlefs-Pykosh Law Group, LLC is hereby Withdrawn, and is Substituted with The Law Office of Trudy A. Marietta Mintz, on 24' day of , 2011. mRrlore-`f /n, Simp?!Y el©f''cs Mc? .'le-el 31-?l AkIe r y By the Court: ALISHA R. HASSINGER, Plaintiff V JASON D. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 10-1904 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 1st day of March, 2011, further hearing is continued pending receipt from the parties of a proposed stipulated order. By the Court, Kevin A/'Hess, P.J. Margaret M. Simok, Esquire For Plaintiff `Trudy A. Mintz, Esquire A? For Defendant 00pies : bg 318/r' ?t t "s"y --i w (TI r 3"Yi C-) :Z Z5 Z© LD t'rl Z .. :;o ,qjN` Aj,kSNN3d XjNn0a CIN?f`{ 3B4dCl.? Ztl ?' ?? 8- ??v? I IIIZ lJA5 t j''. r i3- ALISHA R. HASSINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-1904 CIVIL JASON D. HASSINGER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this l $ day of -Wn it 1, 04 , 2011, following a hearing, it is hereby ordered and decreed that custody of the parties' two (2) minor children, Cullen Phoenix Hassinger, born June 2009 and Sailor York Hassinger, born September 2010, shall be as follows: 1. Legal custody of the minor children shall be shared by Plaintiff, Alisha R. Hassinger (hereinafter referred to as "Mother"), and Defendant, Jason D. Hassinger (hereinafter referred to as "Father"). All decisions affecting the children's growth and development, including but not limited to: medical and dental treatments; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities, shall be considered major decisions and shall be made by the parties jointly after discussion and consultation with each other and a view towards obtaining and following a harmonious policy in the children's best interest. The parties shall endeavor to speak with one another before making any decisions affecting the schedule of the children. The parties further agree that neither shall unilaterally make decisions regarding the children's time that would affect the custodial time of the other parent. 2. Mother shall have primary physical custody of both minor children. 3. Father shall have partial physical custody of the children as follows: a. For Cullen Phoenix Hassinger, Father shall have alternating weekends, beginning Friday at 11:00 a.m. and concluding on Sunday at 5:00 p.m. Father shall also have Cullen on the weeks prior to his custodial weekend, from 11:00 a.m. on Monday through 7:00 p.m. on Wednesday. On the weeks preceding Mother's custodial weekend, Father shall have Cullen from 11:00 a.m. on Tuesday through 7:00 p.m. on Thursday. b. For Sailor York Hassinger, Father shall have the following custodial schedule: i. Periods of partial custody for one (1) hour on alternating Wednesdays and Thursdays from 7:00 p.m. until 8:00 p.m., at the home of maternal grandmother, Donna Wamboldt. Such visits will be at the conclusion of Father's custodial periods with Cullen and occur throughout the months of March and April of 2011. ii. Beginning with the first Sunday in May that Father has custody of Cullen, Father will also have partial custody of Sailor from 12:00 p.m. through 5:00 p.m. on Sunday. Mother will take Sailor to Father's 2 home in Lewistown at 12:00 p.m. and Father will return both children at 5:00 p.m., pursuant to his regular weekend schedule with Cullen. This schedule will continue through the months of May and June of 2011 iii. Beginning with Father's first custodial weekend with Cullen in July, Father will have Sailor from 4:00 p.m. on Saturday through 5:00 p.m. on Sunday. Mother will deliver Sailor to Father's home in Lewistown at 4:00 p.m. on Saturday and Father will return Sailor, along with Cullen, to Mother at 5:00 p.m. on Sunday. This schedule will continue through the months of July and August of 2011. iv. Beginning with Father's first custodial weekend with Cullen in September, Father will have both children on the same schedule as indicated in paragraph (a.) above. C. Each party is entitled to one (1) seven (7) day period with Cullen in 2011, with a thirty (30) day notice to the other party. Beginning September of 2011, the party requesting their one (1) week vacation for the calendar year would be entitled to vacation with both children. 4. Father will provide all transportation, except for the months of May through August of 2011, when Mother will provide transportation of Sailor to Father's home in Lewistown. 5. Holiday schedule. a. The parties will alternate the following holidays beginning with Mother having Easter in 2011. The holiday times will begin at 10:00 a.m. and end 3 at 6:00 p.m., unless times are otherwise agreed to by the parties. The holidays that are to be alternated are Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. b. For this Christmas holiday and in odd years, Father will have the children from December 24th at noon through December 25th at noon. Mother will have the children from December 25th at noon through December 26th at noon. In even years, Mother will have the children from December 24th at noon through December 25th at noon and Father will have the children from December 25th at noon through December 26th at noon. C. Father will have the children on Father's Day and Mother will have the children on Mother's Day and both Mother's Day and Father's Day will be defined as 10:00 a.m. in the morning until 6:00 p.m. in the evening. 6. Should either child be left with a care provider other than a grandparent for more than four (4) hours, the custodial parent at that time will promptly notify the non- custodial parent. Additionally, should either child spend an overnight away from their primary residence, the custodial parent will notify the non-custodial parent of the location before said overnight occurs. 7. Each party shall keep the other party advised of their current address and telephone number and of any parties living in the home. 8. The parties will communicate directly with each other regarding the children and shall not allow interference from third persons. Children shall not be used as an intermediary at any time by either parent. 4 9. Neither Mother nor Father shall do anything to estrange the children from the other parent, and both parties shall encourage the children's relationship with the other parent. 10. Both parents shall fully share information, including oral and written reports, regarding all aspects of the children's lives, including religion, school, sports, friends and medical. 11. Neither party shall smoke or consume alcohol in excess in the presence of the children and shall take reasonable measures to assure that no one in the children's residence does same. 12. When the minor children are of age to talk on the telephone, the non-custodial parent shall have reasonable ongoing telephone access to the minor children and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. 13. Relocation is defined as a change in residence of the children that significantly impairs the ability of the non-relocating party to exercise custodial rights. No relocation shall occur unless every person with custodial right consents or the Court approves of the proposed relocation. The party proposing relocation must notify every other individual who has custody rights to the children. Notice must be given by certified mail, return receipt requested, sixty (60) days before relocation or within ten (10) days of the date the party knows of the relocation. The notice must include all of the information required by 23 Pa.C.S.A. §5337. The Court may draw negative inference from a party's failure to provide notice to the non-relocating party. If an objection to the relocation is not filed within thirty 5 (30) days after receipt of notice and the non-relocating party later petitions the Court for review of the custodial arrangements, the Court shall not accept testimony challenging the relocation. If no objection is filed, the relocating party shall file an affidavit confirming that proper notice was given to all parties, a petition to confirm the relocation details and request that the Court modify the existing custody order and a proposed order. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court: _-_? i'I AL*-- Kevin A. ess, President Judge Distribution: i Trudy Ann Marietta Mintz, Esquire, The Law Office of Trudy Ann Marietta Mintz, 14 North Walnut Street, Suite 1, Mechanicsburg, PA 17055 ? Margaret M. Simok, Esquire, Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 C°P 3r?siff 6