HomeMy WebLinkAbout00-07666 NMBRIDGET HARHIGH,
PLAINTIFF
V.
JESSE COLIN MARSHALL,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-7666 CIVIL TERM
RDER OF COURT
i
AND NOW, this _ day of June, 2011, upon consideration of
plaintiff's petition for special relief, a hearing is scheduled for the 15th day of June, 2011,
at 11:00 a.m., in Courtroom Number 5, at which time the court will hear limited
testimony to determine if there is a need for emergency relief.
By the Court,
Albert H. Masla d, J.
Coover
Esquire
Sheri D
,
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For Plaintiff ?-
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BRIDGET HARHIGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V, u --
2000-7666 CIVIL ACTION LAW -0:3: -- --;
-. r a- rz?y
JESS COLIN MARSHALL
IN CUSTODY"
DEFENDANT
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ORDER OF COURT -
AND NOW, _ Friday, June 10, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 24, 2011 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Es q.
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
Telenhone (717) 249-3166
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BRIDGET HARHIGH, IN THE COURT OF COMMON PLEA;z N
Plaintiff CUMBERLAND COUNTY
PENNSr AX1A --""-"
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V. CIVIL ACTION - LAW
JESSE COLIN MARSHALL, 00-7666 CIVIL TERM
Defendant
The Honorable Albert H. Masland -c
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DEFENDANTS ANSWER PLAINTIFF'S ? '
PETITION FOR SPECIAL RELIEF AND NEW MATTER
AND NOW, comes Jesse Colin Marshall, by and through his counsel Karl E.
Rominger, Esquire, and avers as follows:
1. Admitted.
2. Denied. Strict proof of same demanded.
3. Denied.
4. Denied.
5. Denied.
6. Denied.
7. Denied. It is believed the child is manipulating this custody situation is denied.
8. Denied. It is believed the child is manipulating this custody situation is denied.
9. Denied. By way of further answer mother allows the child to live a rather
independent life and child reports to father that there are literal or no contact with structure in
mother's home.
10. Denied. By way of further answer mother allows the child to live a rather
independent life and child reports to father that there are literal or no contact with structure in
mother's home.
11. Conclusion of law requires no answer. By way of further answer father believes
the primary physical custody should be returned to him.
12. Conclusion of law requires no answer. By way of further answer father believes
the primary physical custody should be returned to him.
13. Conclusion of law requires no answer. By way of further answer father believes
the primary physical custody should be returned to him.
14. Requires no answer.
15. Admitted.
16. Admitted.
WHEREFORE, father respectfully requests court deny mother's request.
NEW MATTER
17. Father believes he should be the primary custodian and is going to be filing an
answer to the petition for custody seeking primary custody.
18. Father, for instance, has noticed that his daughter's grades have fallen drastically
since this court awarded primary custody to mother.
19. Father has noticed that child's attendance at school has dropped dramatically since
this court awarded custody to mother (see attached documentation as the answer).
20. Father believes that mother allows child to run free, and child is manipulating this
custody system to avoid having to spend any time in structure and have her homework or
attendance questioned by her father.
21. It is in the best interest of child this court not to grant emergency relief, and in fact
to grant primary custody to father.
WHEREFORE father requests petition be denied and pending further order of court
custody return to a 50150 basis.
Date: AVStIA- Respectfully Submitted,
Ro?a?age? Associates
K Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
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3600 Social Studi M
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4600 Science or 6 M
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5132 WL
Mrs. Young N/A H N/A 1 I
5133 WL u
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5660 Beading
Mrs. Seger 92 85 87
7130 Technology E M
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8230 Phys Ed Mrs. Hoke 88 90 94
9062 Chorus 6 Qra M
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aYTMMiRM THIS PMXQD TO Anti
Excused 7.00 13.50
IDnescOltSaw 0.00 0.00
Other 0.00 0.00
tardy 0.00 0.00
Partial 0.00 0.00
A = 93 - 100
B = 85 - 92
C = 76 - 84
D = 70 - 75
F = 0 69
I = Incomplete
NO = No Grade
N = 196dkdal-.
P/F = Pass/Fail
H = Honors
N/A = Not Applicable
H Extra Effort Displayed
C Positive Attitude / Respectful
-- D Responsible / Conscientious
E ladependent Worker / Learner
F Participates Positively In Class
H Shane Creative Expreasions
J Exceptional Hands-on Projects
it Making-Progress
L A Pleasure To Have in Class
M Displays Consistent Effort
N Works Weil With Others
P Displays Inconsistent Effort
Q Low Test / Quiz / Project Scores
8 Fails to Complete Work / Assignments
T More Reading Practice Needed
U Writing Skills Need 2sprovement
C1 Late Assignments
MSSAGS Take time to reflect with your child regarding their school year and the
importance of finishing the year strong to achieve their academic goals.
Mechanicsburg Middle School
1750 South Market Street Leonard R. Femnce, Principal
Mechanicsburg, PA 17055 Joel A Yohn, Assistant Principal
(717) 691-4560
(717) 791-7977 Fax wnnacmbgsd org
May 19, 2011
Mr. Jesse Marshall
3800 Spring Rd
Shermansdale, PA 17090
RE: Ariel Elizabeth Marshall
Dear Mr. Jesse Marshall,
A review of our attendance records shows that your daughter, Ariel, has been absent 1650 days, 10% of the days
that school has been in session this year.
We believe that regular school attendance is vitally important to:
• maintain the continuity of Ariel's education program,
help Ariel develop a sense of responsibility, discipline, and good work habits,
• give Anel a better chance to succeed, both academically and socially.
The Mechanicsburg Area School District' Attendance Policy limits the number of absences for semester length
classes at twelve days and year length classes at twenty-five days. Students who exceed these criteria may be denied credit
for their course(s).
Our concern for Mel's education prompts us to require that all future tardier and/or
absences due to s7lness be confirmed with a doctor's excuse or an excuse by the school nurse.
Failure to submit a doctor's or school nurse's excuse to confirm the illness will result in that date
of abeence being marked unexcused.
An unexcused absence for a student under seventeen years of age is classified as an unlawfa absence. A parent
may be fined by the School District for excessive unlawful absences, in accordance with authority granted by the
Pennsylvania School Code, Section 1333. Also, credit will not be given for work missed during an unexcused absence.
The accumulation of unexcused i& r s by a student who is seventeen years old or older will result m disciplinary
action - --- - ---
If you wish to discuss this matter, you may call me at (717) 691-4560.
Sincerely,
Joel A. Yohn
Assistant Principal
cc: Student File Sp Ed
Chris Calvanelli, Attendance Clerk
Guidance Counselor
Radierine Now School Nurse
The Mefiankcaburg Area School District is an equal opporkatity employer.
Mechanicsburg Middle School
1750 South Market Street
Mechanksburg, PA 17055
(717) 691-4560
(717) 791-7977 Fax
Leonard R. Femnce, Principal
Paul D. Bighorn, Assistant Principal
Joel A. Yohn, Dean of Students
WWWMugsa.org
February 24, 2011
Mr. Jesse Marshall
3800 Spring Rd
Shermansdale, PA 17090
DearMr. Jesse-Marshall,- --- -
RE: Ariel Elizabeth Marshall
Please be advised that your daughter, Ariel, has accumulated 10.50 days of absence already this school
year.
Excused dates: 10101/2010 10/19/2010 11/01/2010 11/0212010 11/10/2010 12/17/2010 01/21/2011
02/09% O11 02/10/2011 02/17/2011 02/21/2011
Unexcused dates:
This letter should assure you that we are genuinely concerned about attendance. Hopefully, we will see
marked improvement in the future. Your daughter's education is of great importance to us and regular
attendance is essential for your child to do well academically. We believe that regular school attendance is
vitally important to:
• maintain the continuity of your daughter's education program,
• help your child develop a sense of responsibility, discipline, and good work habits,
• give your child a better chance to succeed, both academically and socially.
If there is an existing medical condition that our nurse is not aware of, please contact her as soon as
possible. If there is no medical justification provided fbr additional absences and improvement does not occur,
you will be contacted by school personnel. A doctor's excuse for all absences and tardies may be required, '
I would .appreciate your-help-in in;mving year dWd'&-attenda=e:-If-you have-any qusstieAS-er--
concerns, please do not hesitate to call me. -
Sincerely,
cc: Student File Sp Ed
Chris Calvanelli, Attendance Secretary
Guidance Counselor
Kathy Regan, School Nurse
Joel A. Yohn
Assistant Principal
The IMedWK*aburg Area School District is an equal opportunity emPby ..
BRIDGET HARHIGH,
Plaintiff
V.
JESSE COLIN MARSHALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
00-7666 CIVIL TERM
The Honorable Albert H. Masland
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer
upon the following via facsimile, by hand delivery and by depositing the same in the United
States Mail, postage pre-paid, by first class mail, addressed as follows:
Sheri D. Coover, Esquire
44 South Hanover Street
Carlisle, Pennsylvania 17013
Date:
f4-L-
Respectfully Submitted,
R & Associates
K Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
C=
-?
JESSE COLIN MARSHALL, mct. ? c_ r'n
Defendant NO. 00-7666 CIVIL TERM r? v
V3 .7,) M
ORDER OF COURT'
AND NOW, this 15th day of June, 2011, the pa ies
having appeared on a petition for special relief filed-by ltlie.?'.?'
plaintiff, after review of that petition, defendant's answer
thereto, and upon agreement of the parties enunciated in open
court by counsel, we enter the following order:
Pending a conciliation conference this summer and
further order of court resulting therefrom, the parties shall
resume the schedule of partial custody and visitation as set
forth in the Court's order of August 25, 2010.
The parties are directed to establish a no conflict
zone for Ariel and refrain from making derogatory comments about
the other parent in her presence and to the extent possible not
permit third parties from making such comments in her presence
while in their physical custody whether she is sleeping, awake,
or in another room. Further, each parent shall speak
respectfully of the other parent and of Ariel.
It is directed that father will have a drug and
alcohol evaluation conducted as soon as possible so that it may
be considered by the conciliator and the Court at a later date.
Father is directed to follow any treatment that is recommended
by such evaluation.
With respect to illegal drugs, cigarettes, and
alcohol, the parties shall not possess or use any illegal
controlled substances nor shall they consume alcoholic beverages
to the point of intoxication during periods of physical custody
responsibility nor shall they smoke cigarettes inside their
residence or vehicles when Ariel is present. The parents shall
likewise assure that other household members and/or house guests
comply with this prohibition.
Finally, pending further order of court, the parties
are directed to participate in and complete a parenting class
such as the TIPS Program.
In all other respects, our order of August 25, 2010,
shall remain in full force and effect.
By the Court,
Albert H. Masland, J.
`Sheri D. Coover, Esquire /
For Plaintiff ?? Maf?ea
oP??s
Karl E. Rominger, Esquire
For Defendant
Sheriff -ivt ?,Je
prs
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BRIDGET HARHIGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
JESS COLIN MARSHALL, NO. 2000-7666
Defendant IN CUSTODY
,.y
rn cc
z? p- COURT ORDER N od
AND NOW, this la day of , 2011, uporf?sic erati r
.. s rV :
of the attached Custody Conciliation Report, is ordered and directed as follows:
A hearing is scheduled in courtroom No. 5 in the Cumberland County Courthouse on
the day of QMWA , 2011, at 1:.36 ?. m. At
this hearing, the Mother shall be the moving party and shall proceed initially with
testimony. Counsel for the parties shall file with the Court and opposing counsel a
Memorandum setting forth the history of custody in the case, the issues currently
before the Court, a list of witnesses who will be called to testify on behalf of each
party, and a summary of the anticipated testimony of each witness. This
Memorandum shall be filed at least five (5) days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's prior Orders entered in this matter
shall remain in effect.
BY THE COURT,
Albert H. Masland, Judge
cc: Sheri D. Coover, Esquire
? Karl Rominger, Esquire nOP45
BRIDGET HARHIGH,
Plaintiff
vs.
JESS COLIN MARSHALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2000-7666
IN CUSTODY
Prior Judge: The Honorable Albert H. Masland
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. This case started with the Mother filing a Petition to Modify the August 25, 2010,
Order of Court which was issued by Judge Masland after a hearing. Essentially,
Mother was attempting to eliminate Father's two-week on/two-week off schedule
during the summer. Mother also filed a Petition for Special Relief on this issue, and
that Petition was heard by Judge Masland.
2. Judge Masland denied the Petition for Special Relief. He ordered the Father to get
an alcohol evaluation and the parties to attend parenting classes.
3. Mother is still seeking to modify the existing Order. Additionally, Father is now
taking the position that he wants primary custody.
4. The parties met July 5, 2010, for a conciliation conference. The Conciliator met with
the attorneys and, based upon the above information which was provided by the
attorneys, the Conciliator recommends the entry of an Order in the form as attached.
Date: July l , 2011
Hubert X. Gilro , Esquire
Custody Co iator
BRIDGET HARHIGH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSE COLIN MARSHALL,
DEFENDANT
00-7666 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 2011, following a hearing
? 3 (b
regarding
the above-captioned parents' physical and legal custodial responsibilities of Ariell
Marshall-Leach, DOB: 10/24/1998, it is hereby ORDERED AND DECREED, in
the child's best interests as follows:
1. Legal Custodial Responsibilities: The parents shall jointly share their
various legal custodial responsibilities for Ariel.
a. Major parental decisions concerning Ariel, including, but not
limited to, her health, medical, dental & orthodontic treatment, mental
health treatment, education, religious training and upbringing shall be
made jointly by the parents, after discussion and consultation with each
other, with a view toward obtaining and following a harmonious policy, not
in their own individual best interests, but rather in her best interests.
b. Absent an emergency, neither parent shall obtain medical
care and/or have an initial interview with any health caregiver in the
absence of the participation of the other parent.
C. Any parent granted sole or shared legal custody has the
right to access the child's medical, dental, religious and school records,
the address of the child and any other related information in accordance
with 23 Pa.C.S.A. § 5336(a).
d. Each parent shall execute any and all legal authorizations so
that the other parent may obtain information from Ariel's schools,
physicians, dentists, orthodontists, counselors, psychologists, or other
similar individuals or entities concerning her progress and welfare.
e. Both parents shall arrange for Ariel's school to provide both
parents identical information. Both parents shall provide to the other
parent on a regular basis, all school papers, projects, or other products of
Ariel's development, and mutually share those items as fully as possible.
f. The parents shall, in advance, discuss and attempt to reach
a mutual agreement regarding the following matters: Ariel's enrollment or
termination in a particular school or school program, advancing or holding
her back in school, authorizing enrollment in college, authorizing her
driver's license or purchase of an automobile or authorizing employment.
g. Neither parent shall impair the other parent's rights and
responsibilities for their shared legal custodial responsibilities for Ariel.
h. Parents shall civilly and respectfully communicate about co-
parenting legal custody issues and changes in schedules in person and
via letters, faxes, texts or e-mail, whichever means is most appropriate for
the matter.
i. If the parents are unable to agree, they shall follow the
procedures set forth in Paragraph 13 of this Order.
2. No Conflict Zone and General Rules of Conduct:
a. The parents shall not alienate the affections of Ariel from the
other parent and the other parent's extended family and shall make a
special conscious effort not to do so. To the extent possible, the parents
shall prevent third parties from alienating the child's affections from the
other parent as well as the other parent's extended family.
b. The parents shall establish a No-Conflict Zone for Ariel and
refrain from making derogatory or uncomplimentary comments about the
other parent in her presence and to the extent possible, shall not permit
third parties from making such comments in her presence while in their
physical custody.
C. It shall be the duty of each parent to uphold the other parent
as someone Ariel should respect and love.
d. Each parent shall speak respectfully of the other whether it is
believed the other reciprocates or not. Each parental figure shall refer to
the other by the appropriate role name such as Mom, Dad, your
grandmother, etc.
e. The parents shall refrain from encouraging Ariel to provide
reports about the other party. Communication should always take place
directly between parents, without using Ariel or others as an
intermediary or spy on the other parent. It is harmful to Ariel to be put in
the role of a spy.
-2-
f. Ariel shall be protected by the parents from individuals with
poor character (including, but not limited to, individuals involved with illegal
activity, immoral or intemperate behavior, or violent propensities). The
parents shall, to the extent possible, avoid contact with such individuals of
poor character. It sets a bad example and may corrupt Ariel's morals.
g. The parents should remember that they cannot teach Ariel
proper moral conduct by indulging in improper conduct themselves.
Children are quick to recognize hypocrisy and the parent who maintains a
double standard will lose Ariel's respect.
h. The parents shall not permit Ariel to be exposed to or
participate in interactive excessively violent video games based upon their
understanding that violent video games increase aggression, physiological
desensitization to violence and decreases pro-social behavior.
i. The parents shall not conduct arguments or heated
conversation when they are together in the presence of Ariel.
j. It is in Ariel's best interest for the parents and all adults to
understand that she is trying to desperately cope with the custody litigation
and related issues, and needs help in loving both parents, rather than
interference or censure.
k. The parents shall, at all times, consider Ariel's best interests,
and act accordingly.
3. Physical Custodial Responsibilities:
a. The parents shall share physical custodial responsibilities for
Ariel, as outlined in Paragraph 4 herein.
b. All physical custodial exchanges shall be handled
professionally, under a "no conflict zone," abiding by all techniques set
forth in reputable parental educational materials, to avoid conflict, anxiety,
and other emotional harm to the children.
C. Day-to-day decisions shall be the responsibility of the parent
then having physical custodial responsibilities. Each parent shall notify
the other of any activity or circumstance concerning Ariel that could
reasonably be expected to be of concern or interest to the other parent.
d. With regard to any emergency decisions which must be
made, the parent having physical custodial responsibility at the time of the
emergency shall be permitted to make any necessary immediate
decisions.
-3-
e. In the event of Ariel's serious illness, the parent then having
physical custodial responsibility shall immediately inform the other parent
by telephone or any other means, as to the nature of the illness. During
such illness, each parent shall have the right to visit the child, consistent
with the medical status of the child.
f. If Ariel is taking medication, an adequate supply of that
medication or a prescription for the medication shall be given to the other
parent at the custodial exchanges. An adequate supply of Ariel's
recommended nutritional supplements and non-prescription medication
and supplies, if any, shall be maintained by each parent.
g. The parent with physical custodial responsibilities during any
given period of time shall appropriately notify the other parent of any
changes in health or educational progress.
h. Each parent shall promptly notify the other parent of, and
invite to major events in Ariel's life, including but not limited to graduations,
awards presentations, performances, academic and athletic competitions
and similar extracurricular activities.
i. When Ariel is not with a parent during the weekend, that
parent may telephone one time with Ariel during the weekend to speak
with her, as well as periodically during the week, as needed, without being
intrusive.
j. The parents will not deviate from the regular custody
schedule because of Ariel's birthday.
k. Each parent should promptly and politely respond to the
other parent's telephone calls, text messages, faxes and emails regarding
Ariel.
1. If one parent will be late for physical custodial exchanges
they shall call or text the other parent as soon as possible prior to the
appointed meeting time.
4. Physical Custodial Responsibility Schedule:
a. Mother shall have primary physical custodial responsibility
for Ariel.
b. Father shall have partial shared physical custodial
responsibilities in accordance with the following schedule:
-4-
i) Alternating weekends from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.
ii) Such additional times as the parents can agree.
C. Summer: Each parent shall be allowed to select an
exclusive uninterrupted two-week vacation time period with Ariel. Mother
shall have first choice of her weeks during even-numbered years and
Father shall have first choice of his weeks during odd-numbered years.
The parent with first choice should make his/her choice known to the other
parent no later than April 1 st of each year.
d. Holidays: The holiday schedule shall take priority over the
regular custody schedule. The parents shall continue to alternate major
holidays at times agreed upon by them. Major holidays shall include
Christmas, New Year's Day, Easter, Memorial Day, July 4th, Labor Day
and Thanksgiving. Mother will have physical custodial responsibilities on
Mother's Day weekend and Father will have physical custodial
responsibilities on Father's Day weekend.
5. General Custodial Schedule Provisions:
a. The parents may revise this schedule upon written
agreement and should be flexible for the sake of Ariel.
b. Each parent shall have the option of proposing time or date
variations to the other parent when special recreational or other
unexpected opportunities arise.
C. In the event certain provisions in this parenting plan are
inconsistent, then the provisions set forth concerning specific holidays and
vacations shall supersede provisions concerning weekends.
d. If either parent or Ariel have plans which conflict with a
scheduled visit and wish to change visitation, the parents should make
arrangements for an adjustment acceptable to the schedules of everyone
involved and should be flexible for the sake of Ariel.
e. Ariel should be consulted as to her schedule when
appropriate.
f. Visitation rights shall be exercised at reasonable hours and
under circumstances reasonably acceptable to the other party and to the
needs and desire of Ariel.
-5-
g. If a parent is unable to keep an appointed exchange time or
other appointment for Ariel he/she should give immediate notice to the
other parent, so as to avoid subjecting Ariel to unnecessary apprehension
and failure of expectations.
6
7
h. The parent relinquishing physical custodial responsibility
should prepare Ariel both physically and mentally for the transfer of
custody to the other parent and have them available at the time and place
mutually agreed upon.
Transportation will be provided by the party that is to receive custody.
Extracurricular Activities:
a. The parents shall organize ways for Ariel to maintain her
friendships, extracurricular activities, and other special interests.
b. Each parent shall provide the other with at least seventy-two
(72) hours advance notice of school or other activities and two weeks' or
greater advance notice whenever possible.
C. Both parents shall honor and be supportive of the
extracurricular activities in which Ariel wishes to engage.
d. Each parent shall confer with the other before arranging
regularly occurring extracurricular activities that might interfere with
regular visitation.
e. During the times that the parents have physical custodial
responsibilities, they will make certain that Ariel attends her extracurricular
activities and transport her on time to and from games, practices and any
activities that are scheduled so that she is able to participate in those
events.
8. Family Gatherings: The parents shall permit and support Ariel's access to
all family relationships. Special family events such as weddings, family reunions,
family gatherings, funerals, graduations, etc. shall be accommodated by both
parents with routine visitations resuming immediately thereafter.
9. Illegal Drugs, Tobacco and Alcohol:
a. The parents shall not possess or
substances, nor shall they consume alcoholic
intoxication within 12 hours neither prior to or
custodial responsibilities, nor smoke tobacco
use any illegal controlled
beverages to the point of
during periods of physical
inside their residence or
-6-
vehicle. The parents shall likewise assure that other household members
and/or house guests comply with this prohibition.
b. If a party shows up for a visit under the influence of alcohol
or drugs or smoking, the visit may be considered forfeited on those
grounds alone.
10. Electronic Contact: Each parent shall be entitled to reasonable (not
excessive) e-mail and/or text messaging contact with Ariel when in the custody of
the other parent.
11. Relocation:
a. Neither parent shall permanently relocate if the relocation
would necessitate a change in the physical custodial schedule or
significantly impair the ability of the non-relocating party to exercise
physical custodial responsibilities, change of school district for Ariel, or
exceed a twenty-five (25) mile radius without a minimum notice of ninety
(90) days to the other parent.
b. Both parents are always encouraged to relocate closer to
each other's residence.
C. The parent proposing relocation must notify all parties in
accordance with 23 Pa. C.S.A. §5337.
d. No parent may relocate their residence unless the other
parent consents in writing or the Court approves the proposed relocation.
12. Counseling:
a. The parents shall enroll, as needed, in private individual
therapeutic counseling to maintain their optimum mental health as a
parent.
b. The parents shall enroll Ariel in private individual counseling
or psychotherapy, as needed, to maintain her optimum mental health after
notification and discussions with the other parent, unless said advance
notification is determined by a licensed professional, not to be in the best
interests of Ariel.
13. Modifications or Disputes About this Order:
a. The terms of this Order may be modified by mutual
agreement of both parents which is best memorialized if placed in writing
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and signed by both parents, when such modifications are in the best
interests of Ariel.
b. Both parents shall use their best efforts to engage in joint
decision-making.
C. In the event the parents are unable to reach an agreement,
they shall exchange written proposals, including appropriate explanations
of their positions, after which they shall meet and discuss their
modification proposals in person, if necessary, to reach a decision in the
best interest of Ariel.
d. Any proposed changes to this Order which cannot be
agreed upon, or any disputes about the interpretation or practical
application of this Order and any alleged breaches of this Order shall be
referred to conciliation.
By the Court,
Albert H. Maslan, J.
? Sheri D. Coover, Esquire
For Plaintiff
Karl Rominger, Esquire
For Defendant
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