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HomeMy WebLinkAbout04-4421wueo:.D a. IRYYIN, w, EsAU1R[ ATTORNLY ID N0.398Z0 84 lOUTN PITT iTRlCT CARLI3L! PA 17013 (717) ~A3•QOYO ATTORNlY POR PWNTIFF MINA R. HATNCOCK, Plalntlff v. ORCOORY O. NATHCOCK, DNsndant IN TN! COURT OF COMMON PLlAS OF CUMBlRLAND COUNTY, PCNNSYLVANIA CIVIL ACTION -LAW NO. tL4 - ~ CIVIL TCRM IN DIVORC! NOTfCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU GAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-243-3166 MINA R. NATNCOCK, Plalntlff v. 6R000RY 6. NATNCOCK, Defendant IN TN! COURT OF COMMON PLCAS OF CUMBCRLAND COUNTY, PCNNSYLVANIA CIVIL ACTION -LAW NO. 04 - 2r CIVIL TCRM IN DIVORCC COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is MINA R. HATHCOCK, an adult individual residing at 131 Kline Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is GREGORY G. HATHCOCK, an adult individual residing at 203 North Penn Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 11, 1997, in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. August 30, 2004 A R. HATHCOCK, Plaintiff HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717)243-6090 Supreme Court ID No. 29920 MINA R. NATNCOCK, PIa1r:tHl v. OREOORY O. NATNCOCK, Dafandar:t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3 CIVIL ACTION -LAW NO. 04 - _ CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and 1 participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. August 30, 2004 M A R. ATHCOCK, Plaintiff U ~~ U ~ c. rn i ` ? ~..~ ~' ~ ' ~:~ ~._ .r_ -f1 --, -, ~~ ,.~, _ _ _~ l am. t: '`'t 1 d .~ MINA R. NATNCOCK, Plalnllff v. 6RlOORY 6. NATNCOCK, Defendan! IN TN! COURT OF COMMON PLG8 OF CUMBlRLAND COUNTY, PlNNBYLVANIA CIVIL ACTION -LAW NO. 04 - ~ CIVIIL TlRM IN DIVORC! ACCEPTANCE OF SERVICE I, Gregory G. Hathcock, defendant in this divorce action, hereby certify that I received a copy of the complaint in divorce on or about August 31, 2004 by personal service. I verify that the statements made in this acceptance of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. August 30, 2004 GR GO G. I AT K o c_. t -,, ~„ ~' z m r J~ t/- (!7 ~~ > `- _ _{ - - °A -, `.t MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c} of the Divorce Code was filed in this matter on or about August 31, 2004. Service of the complaint was made on or about August 31, 2004, by personal service (see Acceptance of Service filed on or about September 15, 2004). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. NOVEMBER3G, 2004 _ A R. HATHCOCK <, '=~ ~ .._ C -~ '.. C' ,.. ~. n. O .... ,....i .I ~ ~ _.. r" .' 1 i t,~' MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4427 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J November ~, 2004 A R. H THCOCK ., ; ` ' ` . ..: ~~ ~- {.- u., MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION $SO'I(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November, 2004 A R. HATHCOCK (' .-.., _... .. 1 . r n _ f.; . G' '... ~~ l l ~. C.5 MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY- OF A DIVORCE DECREE UNDER SECTION 3501(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November,, 2004 G GO Y R. H THC K t~ c_, ~ ~: ~ ~. t ~.i ~ . C~~ i {/. MINA R. HATHCOCK, Plaintiff v. GREGORY G. NATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE DEFENDANTf~ AFFIDAVIT ®F CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about August 31, 2004. Service of the complaint was made on or about August 31, 2004, by personal service (see Acceptance of Service filed on or t about September 15, 2004). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavi± are true and correct. f understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r ~ NOVEMBER SQ, 2004 -~~ GR O G. AT C C (`~ ~`~ _~_: L. ..l'.. _.... Il` - C,.: i 1 ~~ MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Novmeber,~, 2004 ~. :-~ , , t __. .,, _ ~,; HAROLD 8. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29820 B4 SOUTH PITT STREET CARLISLE PA 17013 (7'17) 243-8090 ATTORNEY FOR PLAINTIFF MINA R. HATHCOCK, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: decree: Transmit the record, together with the following information, to the court for entry of a divorce Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 31, 2004, defendant was personally served with a copy of the divorce complaint (See Acceptance of Service filed on September 15, 2004). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: November, 2004 By the defendant: November ~> , 2004 (b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/A. (h)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: November 3~~ , 2004 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 3 c~ , 2004 November _, 2004 `~ HAROLD S. IRWIN, 11 Attorney for Plaintiff ~ , r~> r..> ~A ~ 1~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ri. :.r, Z MINA R, HATHCOCR~ i Plaintiff VERSUS GREGORY G. HATHCOCR Defendant N O. 04-4421 CIVIL TERM DECREE IN DIVORCE AND NOW, ~ 2004 IT IS ORDERED ANp DECREED THAT Mlnd R. Hathcock P LAINTII=F, AND Gregory G. Hathcock ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WFiIChI HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA'~ NOT VET BEEN ENTERED; none. PROTHONOTARY _i' ~ ~~ r~'~'/h h ;~ .h Fi MINA R. (HATHCOCK) MATZNER, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: The plaintiff is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is GREGORY R. HATHCOCK, an adult individual currently residing at 203 North Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). 4. The children were born during the marriage of the parties and resided with both parties from the date of their birth until the parties' separation on June 5, 2004. 5. Neither party has participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the plaintiff have primary physical custody of the children and that the defendant have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to iwo weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. November ~O , 2005 HAROLD S. IRWIN, II Attorney for Plaintiff VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. November / 0 , 2005 November rV , 2005 ~N`~eer~(SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the td~'' day of November, 2005, before me, the undersigned officer, personally appeared GREGORY G. HATHCOCK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set fY()iHtY 5 J ~.. .,.. sAlz~lli ` IRINItV ~ Nl IA ~~ F'~iici~; ~~~~: ~ ~~~ ~~~~~~ c ~~ ~ c ~; tt, ~,ati~c'~ A§~.. ~n rd- k ~ ~.. ...~ ....................._.._,. ... .. _.S and official seal. Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the .jOr day of November, 2005, before me, the undersigned officer, personally appeared MINA R. MATZNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hapd and official seal. a, h0rr,~ __, M~ ~.~C .. .. ~ ! .~~ _ 1?I'~' (SEAL) ~'J ^,.,, v °~? c J ~, c~ ~ C. ti T _'t_, _ ~ na ~. --~ ° :, t , ,r, ~ o =n ' i°; J ~- _._. t ~ r,~ --~ -< ~ =< ro ~ ~ ~ v \ 1 . f 5 HAROLD S. IRWIN, 111 ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 77073 (777) 243-6090 ATTORNEY FOR PLAINTIFF F~'~~ tvr~~~ ~ ~ NOV ~ 5 2005 F3Y: MINA R. (HATHCOCK) MAT2NER, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4427 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of M``^" ', 2005, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 8) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to two weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further mod THE COURT, v \~. ~\ ~ ~ r< < , ,ti~ MINA R. (HATHCOCIQ MATZNER, Plalntlff v. GREGORY G. HATHCOCIC~ Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY~PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the plaintiff, MINA R. MATZNER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The petitioner is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The respondent is GREGORY R. HATHCOCK, an adult individual currently residing at 203 North Penn Street, Shippensburg, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999, age~a) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). 4. The parties are currently subject to a custody order dated November 17, 2005, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A". 5. That Order provides, inter alia, that the parties have joint legal custody of the children, that plaintiff has primary physical custody and that defendant has temporary physical custody of the children every weekend. 6. In addition, the Order provides as follows: "G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the heaith, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and I or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician" (Emphasis Added) 7. On January 31, 2006, the plaintiff obtained written directives from the children's' physician, Walter A. Koerber, Jr., M.D. regarding certain medical restrictions for the parties' son, Tyson Hathcock, due to serious allergies to certain food products and cats. A copy of that directive is incorporated herein by reference and attached hereto as Exhibit "B". 8. Defendant has refused to honor these restrictions and on the children's last visit to his home, both children returned with high fevers and other issues indicating that the defendant's care of the children was not adequate. 9. Plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the defendant's rights of temporary custody be modified so that his contact with the children is strictly supervised until he indicates his willingness to comply fully with the medical guidelines set forth by the children's physician. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children this or another court. Plaintiff has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth. 11. 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. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. February 7, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717)243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February 7, 2006 ~ ~ / MI A ZNER EXHIBIT "A" ', IVOV 1 5 2h~ ~ -' HAROLD S. IRWIN, 111 ESQ (~jY .~~~^~ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET GARLlSLE PA 17013 (717)243-6090 ATTORNEY FOR PLAINTIFF MINA R. (HATHCOCK) MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM GREGORY G. HATHCOCK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 1~,~^X~1 , 2005, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to two weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. K BY THE COURT, ~, ~~ MINA R. (HATHCOCK} MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM GREGORY G. HATHCOCK, ,,, c~ ~, Defendant : IN CUSTODY =;; -~ __ `,_ _ ~r~'r 7 o '`(a' COMPLAINT FOR CUSTODY Y~ '; _ ;_, , - .. -. NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this c-0mp~t and agreement for custody, representing as follows: 1. The plaintiff is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant i9G~R~E~R~Y R. HATHCOCK, an adult individ~7lZZc~~_urrently residing at 203 North Penn Street, Car ,Cumberland County, ,Pennsylvania 1,7f113.7 y 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3) 4. The children were born during the marriage of the parties and resided with both parties from the date of their birth until the parties' separation on June 5, 2004. t 5. Neither party has participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. ~' 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the plaintiff have primary physical custody of the children and that the defendant have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to two weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end , ~~ both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties sha11 do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. November `° , 2005 HAROLD S. IRWIN, II Attorney for Plaintiff . ~~ VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. November / D , 2005 November ~V , 2005 EAL) f ~i /~ ,._-- (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the t0~`day of November, 2005, before me, the undersigned officer, personally appeared GREGORY G. HATHCOCK, known to me {or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF; I hereunto set my h d and official seal. ,. ,; (J ~~ Notary Public SEAL} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the ~ day of November, 2005, before me, the undersigned officer, personally appeared MINA R. MATZNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, ha d and official seal. _ ... f/ (SEAL) otary Public a _ , EXHIBIT "B" r OIPLOMATE, AMERICAN 90AR0 OF OERMATOLOOY rn ~s-F rn s-h; ~ ~+. ~-h.e -~ov~ ~r~'c~ei-S ., J~r.rtud7 PLisl~r'ies - all ~o:-s~~ ~r~c~~+s HARRI56UR(3 DERMATOLOGY CENTER WALTER A. 1(OERBER, JR. M-D. 2000 Lingle6lRwn Reed, SNIe 2U5 Hanls6urg~PA 1711U TELEPNOFIE p1i166ZA6BZ Fax Ptil gex.gqis Emelb hbgdvm®eplx.nei MEMBER AMERICAN ACAUEMV or OEPMATOIVOY TAI9 IB TU CEATIFY TART use or, Na~hCOCk. NA9)HA- Ali APUINTPkENT I1ITN UUR OFFICE PUP. NER ICAL ATTENTION UN ro d~-~~-+s 1 ~ ~3r~ o ~ A~ _ i r ~ oa Ac, pN _ a1 I c ~ .~. kxs F r~~ ~=. + ' ~j C.A I ~1 FLEA9E EACUSE TUIS ABRENCE. i ~ (~(P-YwjJI+ .I IF TftEAL ARE ANY gVE9TIUN, PLEASE FELL FREL TU WNTACT. OUP. OFFICE n 47elter A. Foetber, Jr., f[.U. -1-70 Yl-I r ~ . ~{ ~;>1 h r~ f ~ K3 _ '}~'~~' I _ l " lrJ C~ ~ , i~ [: ~1 \ t~Y ~~. Tai ~/` t~ MINA R. (HATNCOCI~ MATZNER, Plalntlff v. OREOORY G. HATHCOCK, Defendan! IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM :IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the plaintiff, MINA R. MATZNER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The petitioner is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Gumberland County, Pennsylvania 17257. 2. The respondent is GREGORY R. HATHCOCK, an adult individual currently residing at 203 North Penn Street, Shippensburg, Cumberland Gounty, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999, aged) and RAYDEN JAMES HATHCOCK (born February 1 S, 2002, age 3). 4. The parties are currently subject to a custody order dated November 17, 2005, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A". 5. That Order provides, inter alia, that the parties have joint legal custody of the children, that plaintiff has primary physical custody and that defendant has temporary physical custody of the children every weekend. 6. In addition, the Order provides as follows: "G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and I or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician:' (Emphasis Added} 7. On January 31, 2006, the plaintiff obtained written directives from the children's' physician, Walter A. Koerber, Jr., M.D. regarding certain medical restrictions for the parties' son, Tyson Hathcock, due to serious allergies to certain food products and cats A copy of that directive is incorporated herein by reference and attached hereto as Exhibit "B". 8. Defendant has refused to honor these restrictions and on the children's last visit to his home, both children returned with high fevers and other issues indicating that the defendant's care of the children was not adequate. 9. Plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the defendant's rights of temporary custody be modified so that his contact with the children is strictly supervised until he indicates his willingness to comply fully with the medical guidelines set forth by the children's physician. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children this or another court. Plaintiff has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth. 11. 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. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. February 7, 2006 Attorney for Plaintiff Supreme Court l.D. No. 29920 64 South Pitt Street Carlisle, Pennsylvania 17013 (717)243-6090 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February 7, 2006 ~ ~` MI A ZNER EXHIBIT "A" ~~ry:~~~~~~ '~-I NOV 1 5 ~~~~ _~~ jESY: HAROLD S. IRWIN, 111 ESO ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MINA R. (HATHCOCK) MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, :CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM ~,REGORY Qa. HATHCOCK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ 1 day of 1~,~ 2005, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to two weeks partial custody tirne with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shalt be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. ~ ~~~ f~~ BY THE COURT, /~ N ~` G ~ MINA R. (HATHCOCK) MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW NO. 04 - 4427 CIVIL TERM GREGORY G. HATHCOCK, Defendant : IN CUSTODY i ~ __ _ -,. --i T_ c. ~i "!] _ _ -- -U ~O O ''i 1 ,t_ COMPLAINT FOR CUSTODY -~ _. - ~ n 1 NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this eiamp~t and agreement for custody, representing as follows: a 1. The plaintiff is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant i9G~~E`G~O~ R. HATHCOCK, an adult individ~7lCCC~~urrently residing at 203 North Penn Street, Car' ,Cumberland County, Pennsylvania 1,73.7 i 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). 3 4. The children were born during the marriage of the parties and resided with both parties from the date of their birth until the parties' separation on June 5, 2004. s 5. Neither party has participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 1 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the plaintiff have primary physical custody of the children and that the defendant have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and terriporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 1$, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of thf>. children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p.m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D, The Father shall have up to two weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. November `O , 2005 HAROLD S. IRWIN, II Attorney for Plaintiff . .~ VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. November / 0 , 2005 November f-v , 2005 ~~=e~(SEAL) j1 _- (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the t0~ day of November, 2005, before me, the undersigned officer, personally appeared GREGORY G. HATHCOCK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set and official seal. EAL ) Public COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the ~ day of November, 2005, before me, the undersigned officer, personally appeared MINA R. MATZNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set and official seal. (SEAL) - ~~~ EXHIBIT "B" OIPIOMhTE,AMERICAN gOgRC OF OERMATOLOIN rn ~rr~s-f rn s-h; r ~+, +~ 5-~--- 7Y~UC~ ~r~'~C~S, bra ud7 ~~s-~r'ies - alI ~,as~a ~r~d~c-+s HARRISBURG DERMATOLOGY CENTER WALTER A. ROEREER, JR. M.D. 2000 LingleslRwn Rued, Sgile 205 Hardshurg, PA 17110 TELEFHCM1IE 171i16523AA2 Fee p1116A2-BU26 Emall: hbgdvm®eplc.net MEMAEU AMENICAN ACADEMY Of OERMgTCLVOY TflI9 I9 TO CEAIIFY THAT I~so n ~ h CO C iC3 I AAS IFIAR e11d APOIyNTNENT IdITR OUR OFFICE FOR HEU ICAL ATTENTION ON C_l-~ I~./~1/QLn At ~~i0 Mi Phl _ ~~I C~trL~s ~ro~ ~.1~ ~I CR , ~ FLEASE EXCUSE TFIIS A66GNCE. i ~ OY ~~' J IF Tftlsia; ARE ANY (ZUEFI'IION, FLLASli FELL FRGE TO CONTACT OUP, OFFICE .nKS So c!~-S a C~ ..' ~« `' ~ hlRlLer A. Roerber, Jn, N.U. ~~'a m r...~ C? ri ~~~, .a r~ ~ r. P. UJ _ ~ l° ~ ~ C\~r , , - _ , t, ~ h ~i _ ~~ C U~ \ - j .. iti MINA R, (HATHCOCK) MATZNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. • 04-4421 CIVIL ACTION L,AW GREGORY G.HATH000K DI:F[:NDANT 1N CUSTODY ORDER OF COURT AND NOW, Thursday, February 16, 2006 _ ,upon consideration of the attached Complaint, it is hereby directed that parties and Their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland Coin Courthouse, Carlisle on Tuesday, March 14, 2006 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effon~ will be made to resoh~e the issues in dispute; or if this cannot be accomplished, to de~nc and narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also be present at the conference. 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 hearin>;. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. 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 '~ ~ '~1~~ ~'~ `l'c7.1/ ~~~ ~!,rdr~~ ,,~ < ,, 4PR I ~ )O(6 MINA R. (HATHCOCK) MATZNER,: 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLV NIA V. : N0.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~7 day of ~ , 2006, upon consideration of the attached Custody Conciliatron Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 17, 2005 shall remain in full force and effect with the following modifications: 2. Father shall have periods of partial physical custody as follows: A. Beginning April 7, 2006, alternating weekends from Friday at 6:00-6:30 p.m. to Sunday at 11:00 a.m. B. On the off weekend, from Friday at 6:00-6:30 p.m. to Saturday at 6:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of thi s Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc~rold S. Irwin, III, Esquire, Counsel for Mothe T lie Tomeo, Esquire, Counsel for Father ~~ /U~ ~~ Edward E. Guido, J. ,~Tt _ ~l il, _.,. MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson Gregory Hathcock January 29, 1999 Mother Rayden James Hathcock February 18, 2002 Mother 2. A Conciliation Conference was held in this matter on Apri14, 2006, with the following in attendance: The Mother, Mina R. Matzner, with her counsel, Harold S. Irwin, III, Esquire, and the Father, Gregory G. Hathcock, with his counsel, Leslie Tomeo, Esquire. 3. A prior Order of Court dated November 17, 2005 was entered by the Honorable Edward E. Guido, providing for shazed legal custody with Mother having primary physical custody and Father having periods of partial physical custody every weekend. 4. The parties agreed to an Order in the form as attached. ~ - y -a 6 ~~ ~ - V~-~ Date acq line M. Verney, Esquire Custody Conciliator MINA R. (HATHCOCK) MATZNER, Plaintiff v. GREGORY G. HATHCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04 - 4421 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the plaintiff, MINA R. MATZNER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The petitioner is MINA R. MATZNER, an adult individual currently residing at 215 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The respondent is GREGORY R. HATHCOCK, an adult individual currently residing at 203 North Penn Street, Shippensburg, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely TYSON GREGORY HATHCOCK (born January 29, 1999) and RAYDEN JAMES HATHCOCK (born February 18, 2002). 4. The parties are currently subject to a custody order dated November 17, 2005, as modified by an order dated April 5, 2007, copies of which are incorporated herein by reference and attached hereto as Exhibit "A". 5. That Orders provide, inter alia, that the parties have joint legal custody of the children, that plaintiff has primary physical custody and that defendant has temporary physical custody of the children every weekend, alternating one weekend from Friday at 6 pm to Sunday at 11 am and the next weekend from Friday at 6 pm until Saturday at 6 pm. 6. Structured as it is currently, the arrangement prevents the mother from having the children on any Friday or Saturday nights. Accordingly, it does not permit the mother to take the children on religious retreats that are scheduled through her church on three weekends per year. 7. In addition, It prevents the mother from taking the children on a full week vacation that begins on one Friday evening and ends on the following Sunday night since such a vacation would conflict with the present partial custody time established for the father. 8. The mother desires a modification that would permit her to have up to five full weekends per year, three for the retreats and two for her vacation, provided she gives the father at least one month's notice and that she provide an evening of partial custody time with the father during the week prior to or after the weekend missed by this modification. 9. Plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the defendant's rights of temporary custody be modified as requested above. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children this or another court. Plaintiff has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth. 11. 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. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. March 6, 2006 ~-'"~/ HAROLD . IRWIN, III - D N0.2 Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 VERIFICATION do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~ ~,~~. March 6, 2007 ~ A ZNER i EXHIBIT "A" T' ~'~PR ~ ~ ~UU6 ~~':. MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant IN CUSTODY ORDER OF COURT a~ ~,~. AND NOW, this day of _, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 17, 2005 shall retrain in full force and effect with the following modifications: 2. Father shall have periods of partial physical custody as follows: A. Beginning April 7, 2006, alternating weekends from Friday at 6:00-6:30 p.m. to Sunday at 11:00 a.m. B. On the off weekend, from Friday at 6:00-6:30 p.m. to Saturday at 6:00 p.m. 3. 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. Y THE COURT, Edward E. Guido, cc: Harold S. Irwin, III, Esquire, Counsel for Mother Leslie Tomeo, Esquire, Counsel for Father J. ' , . ~: s~ ,s ,,, •m.~.,~ ...~~ _. ~1 ~~ MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND CO-LINTY, PENNSYLVANIA V. : N0.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant : IN CUSTOllY PRIOR JUDGE: Edward E. Guido, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson Gregory Hathcock January 29, 1999 Mother Rayden James Hathcock February 18, 2002 Mother 2. A Conciliation Conference was held in this matter on April 4, 2006, with the following in attendance: The Mother, Mina R. Matzner, with her counsel, Harold S. Irwin, III, Esquire, and the Father, Gregory G. Hathcock, with his counsel, Leslie Tomeo, Esquire. 3. A prior Order of Court dated November 17, 2005 was entered by the Honorable Edward E. Guido, providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody every weekend. 4 The parties agreed to an Order in the form as attached. ~~ - ~~ _~, Date ~ acq line M. Verney, Esquire Custody Conciliator 1.1/A130LD S. II~WIRt, 111 E5Q ATTOF3R7Elf ID RHO. X3920 64 SOUTF9 PITT STREET ~A13L~SLE PA 170'[ 3 ~7'i 7) 243-6090 ATTOididEY E013 PE.AIP6'S'IEG MINA 8~. (EIATI~IC®C64C) MATZNER, : IN TL4E ~®d1RT ®F C®MM~N ~LEAa f,E ~'lainfi~f : CUMB3ERLAN® C®dJt+~TY, E'ENF+ISYLV'ANIA ~. :CIVIL ACTION - LAli41 NO. Q4 - 4421 CIVIL TERM 13~fendlant : IN C1,~lST®19~+" 1 ~ ~" ~ 2005 'u on resentation and consideration of the AND NOW, this t f 1 day of , ~,~ p p within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, TYSON GREGORY HATHCOCK (born January 29, 1999, age 6) and RAYDEN JAMES HATHCOCK (born February 18, 2002, age 3). B. The Mother shall have primary physical custody of the children. C. The Father sha{I have temporary physical custody of the children every weekend from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and every other weekend from Saturday at 6:00 p. m. until Sunday at 4:00 p.m., except that the parties agree that the Mother shall have the children for church on those Sundays that they are with the Father. D. The Father shall have up to two weeks partial custody time with the children every Summer, provided that he give the Mother notice of the weeks he intends to exercise such partial custody no later than May of each year. E. The Father shat! always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and / or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. In the event of the breach of this agreement by either party, the nonbreaching // ~ 7 party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. A11 costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be~ recoverable as part of the judgment entered by the court. J. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. z~ ;.., , ..,.~ '.~ ~`jf, .~/17~. '~ ~~ _ ~%~ . BY THE COURT, i Y MINA R. (HATHCOCK) MATZNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA u' 04-4421 CIVIL ACTION LAW GREGORY G. HATHCOCK IN CUSTODY DF,FENDANT ORDER OF COURT AND NOW, Thursday, March 08, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel. appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 29, 2007 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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/ ac ueline M. Verne 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 inforniation 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 YOUK 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 ,,.; tt ~;.~ ,~ ~~~~ :~ ~,~1 ~~ ,:-.~. :, -~; ~~ APR 0 2 2001 MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. GREGORY G. HATHCOCK, Defendant N0.2004-4421 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~ day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 2005 and Apri15, 2006 are hereby vacated. 2 The Mother, Mina R. Matzner and the Father, Gregory G. Hathcock, shall have shared legal custody of Tyson Gregory Hathcock, born January 29, 1999 and Rayden James Hathcock, born February 18, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 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 children. 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 children. 3. Father shall have periods of partial physical custody of the children as follows: A. Beginning Friday, Apri16, 2007 alternating weekends from Friday at 6:30 p.m. to Sunday at 11:00 a.m. In the event that Mother requests Father to exchange a weekend, Father shall be obligated to exchange but he will receive a makeup weekend on the following weekend. B. Beginning Apri14, 2007 every Wednesday from between 5:30-6:00 p.m. until Thursday at 6:00 p.m. C. Such other times as agreed by the parties. 4. Each parry shall be entitled to two non-consecutive weeks of physical custody in the summer provided they give the other parry 30 days prior notice of said weeks. The parties shall provide a location and telephone number where the children may be contacted. 5. Transportation shall be shared such that for weekend custody, the relinquishing party shall transport. Father shall be responsible for all transportation on Wednesdays and Thursdays. 6. Father shall always have physical custody of the children on Father's Day and Mother shall always have physical custody of the children on Mother's Day. 7. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. To this end both parties shall respect any medical situations and dietary special needs and/or allergies that the children may have and shall observe such restrictions as are recommended in writing by the children's physician. 9. The parties shall not do or say anything, nor permit a third party to do or say anything that may estrange the children from the other parry or hinder the natural development of the children's love and affection for the other party. 10. 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, provided they are in writing. In the absence of mutual consent, the terms of this Order shall control. ,., (~i"~ l ~ ~~ ~~~ ~~- ~~1~~ ~~Ol cc: Harold S. Irwin, III, Esquire, Counsel for Mother Gregory G. Hathcock, pro se 203 North Penn Street Shippensburg, PA 17257 MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson Gregory Hathcock January 29, 1999 Mother Rayden James Hathcock February 18, 2002 Mother ' 2. A Conciliation Conference was held in this matter on March 29, 2007, with the following in attendance: The Mother, Mina R. Matzner, with her counsel, Harold S. Irwin, III, Esquire, and the Father, Gregory G. Hathcock, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated November 17, 2005 and Apri15, 2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every weekend, Friday to Sunday and Friday to Saturday on an alternating week schedule. 4. The parties agreed to an Order in the form as attached. 3 - 3a -~ ~ Date cq ine M. Verney, Esquire Custody Conciliator MNf i121Q~., MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated Apri14, 2007 shall remain in full force and effect with the following modification to Paragraph 3B: 2. Paragraph 3 B shall be deleted in its entirety and replaced with the following: "Beginning Apri14, 2007, every Wednesday from 6:30 p.m. until Thursday at 7:15 a.m. 3. This is a corrected Order of Court entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent, provided they are in writing. In the absence of mutual consent, the terms of this Order shall control. Y THE COUNT, J. cc• aro S. Irwin, III, Esquire, Counsel for Mother gory G. Hathcock, pro se 203 North Penn Street Shippensburg, PA 17257 `.r 111°Jt ~V ~ ~ ;~1 1 .,~ l~ 7r, 4 ~,^~.-`3 ~ .,-~ YAY 01200~,~~r T' MINA R. (HATHCOCK) MATZNER,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-4421 CIVIL ACTION -LAW GREGORY G. HATHCOCK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson Gregory Hathcock January 29, 1999 Mother Rayden James Hathcock February 18, 2002 Mother 2. Counsel for Mother advised the conciliator that the Apri14, 2007 Order of Court contained an error in the time of return in Paragraph 3A. The parties actually agreed to a different return time at the Conciliation Conference. A letter was written to Father advising him of the error and further advising him that he could contact the conciliator prior to Apri127, 2007 to object to the entry of a corrected Order. Father did not contact the conciliator. 3. A corrected Order of Court is attached. Date c line M. Verney, Esquire Custody Conciliator MINA R.MATZNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO.2004-4421 CIVIL ACTION-LAW GREGORY G.HATHCOCK, Defendant IN CUSTODY ORDER OF COURT AND NOW,this day of 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 A Hearing is scheqtlled in Court Room No. of the Cumberland County Court House, on the 1;to' day of 7, 2013, at '74"36 o'clock, * . M., at which time testimony wi be taken. For purposes of this Hearing, Father 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. Pending the hearing, the prior Order of Court of the Honorable Edward E. Guido dated April 4, 2007 shall remain in full force and effect. 3. 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 C T, Edward E. Guido, J. CD M cc: tacy B. Wolf, Esquire, Counsel for Father M Jane Adams, Esquire, Counsel for Mother > Cn �C:) MINA R.MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2004-4421 CIVIL ACTION-LAW GREGORY G.HATHCOCK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido,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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson Gregory Hathcock January 29, 1999 _ Mother Rayden James Hathcock February 18, 2002 Mother 2. A Conciliation Conference was held in this matter on May 7, 2013,with the following in attendance: The Father, Gregory G. Hathcock, with his counsel, Stacy B. Wolf,Esquire and the Mother, Mina R. Matzner, with her counsel, Jane Adams, Esquire. 3. A prior Order of Court dated April 4, 2007 was entered by the Honorable Edward E. Guido,providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends and Wednesday overnight. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having alternating weekends. Father asserts that the children prefer to live with him primarily, the older child is failing 2 subjects in school, that Mother failed to obtain proper medical care for one child, and that one child sleeps on the couch. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She asserts that she took the child to the doctor's but that it took time of the condition to heal, that the child prefers to sleep on the couch, but now has a proper bedroom,that Father is coercing the children into saying they want to live primarily with him and that the one child is bringing his grades up. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one day. Date Jace�line M�Ver� u Custody Conciliator STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR DEFENDANT MINA R. (HATHCOCK)MATZNER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW �M C!1 ,< GREGORY G. HATHCOCK, :NO. 2004-4421 CIVIL TERM Defendant 'L3 IN CUSTODY ��� . ;z •, 2! n MOTION FOR CONTINUANCE NOW comes the Defendant, Gregory G. Hathcock,by his attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the July 12, 2013 custody hearing,representing as follows: 1. The plaintiff is Mina R. Matzner, formerly Mina R. Hathcock, an adult individual who resides at 215 West Orange Street, Shippensburg,Pennsylvania 17257. 2. The defendant is Gregory G. Hathcock, an adult individual who resides at 353 West Burkhart Avenue, Chambersburg, Pennsylvania 17201. 3. The parties are the natural parents of two minor children,namely: Tyson Gregory Hathcock, age 14,born January 29, 1999, and Rayden James Hathcock, age 11,born February 18,2002. 4. Father filed a Petition for Modification on March 7, 2013. 5. Following a custody conciliation conference held on May 7, 2013, an Order was entered scheduling a Custody Hearing on July 12, 2013 at 9:30 a.m. 6. Father is not ready to proceed on his modification petition at this time. 7. Therefore,Father is requesting that this hearing be continued to a later date. 8. Concurrence in the foregoing motion was sought from Counsel for Plaintiff,Jane Adams, Esquire, and Attorney Adams did concur in this request. WHEREFORE,Defendant, Gregory G. Hathcock,respectfully requests that the Court issue an Order continuing the July 12,2013 custody hearing, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF &WOLF,Att orneys at Law Dated:July 5,2013 By: Stacy B. VeW Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for defendant, and the facts set forth in this motion are true and correct to the best of my 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. July 5, 2013 Stacy B. Wo Counsel for tefendant STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR DEFENDANT MINA R. (HATHCOCK)MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW GREGORY G. HATHCOCK, :NO. 2004-4421 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire,attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue,upon the following person,by United States Mail, addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Respectfully submitted, WOLF &WOLF,Attorne at Law Dated:July 5,2013 BY: Stacy B. lf, Esquire 10 West Migh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant MINA R.(HATHCOCK-)MATZNER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW GREGORY G.HATHCOCK, NO. 2004-4421 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT A AND NOW this 0 day of July,2013,upon consideration of the attached Motion,it is hereby or,(jaed that the Custody Hearing scheduled for Friday,July 12, 2013 at 9:30 a.m.,be continued to 2013, at CL Vol m.in Courtroom 3 of the Cumberland County Courthouse. BY CURT: Edward E. Guido, J. -'--�Distribution: Jane Adams,Esquire For the Plaintiff �Stacy B.Wolf,Esquire MED For the Defendant C:) C) Co MINA R. (HATHOCK) MATZNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4421 CIVIL TERM rr> GREGORY G. HATHCOCK, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT < ) AND NOW, this 23rd day of September; 2C113 ,-atfter hearing, all prior custody Orders are vacated and replaced with the following: 1 . The parties shall share legal custody of their sons, Tyson Gregory Hatchcock (born January 29, 1999) and Rayden James Hatchcock (born February 18, 2002 . ) 2 . Physical Custody: Mother shall have primary physical custody of the children subject to physical custody in Father as follows : A. School Year: r-•-- y- (i) Every other weekend from Friday at 6 : 00 p.m. until Sunday at 6 : 00 p.m. Provided, e n >- however, that if Monday is a school holiday the ,,2: weekend period shall extend until Monday at 4 f/) (I)W 6 : 00 p.m. .,1 4vy (ii) Such other times as the parties agree . B. Summer: Beginning the first Sunday after school ends until the second Sunday before school begins, Father shall have partial physical custody of the boys on alternating weeks from Sunday at 6 : 00 p.m. until the following Sunday at 6 : 00 p.m. 3 . Holiday Schedule : The following holiday schedule shall take precedence over the custody schedule set forth above. A. Father shall always have the children on a � Father ' s Day and Mother shall always have the children on Mother' s Day. B. Thanksgiving shall be divided into two segments . Segment A shall be from 6 : 00 p.m. the day before Thanksgiving until 3 : 00 p.m. Thanksgiving Day. Segment B shall be from 3 : 00 p.m. Thanksgiving Day until 6 : 00 p.m. the day after Thanksgiving. Father shall have Segment A in even-numbered years and shall have Segment B in odd-numbered years and vice versa. C. Christmas shall be divided into two separate segments . Segment A shall be from 6 : 00 p.m. the last day of school before Christmas until December 25 at 3 : 00 p.m. Segment B shall be from 3 : 00 p.m. on December 25 until 6 : 00 p.m. on December 30 . Father shall have Segment A in odd-numbered years and Segment B in even-numbered years and vice versa. D. Easter shall be alternated on a yearly basis with the Easter holiday beginning at 6 : 00 p.m. the day before Easter and ending at 6 : 00 p.m. Easter Day. 4 . The parties shall provide each other with valid telephone numbers and e-mail addresses . The parties shall communicate with each other regarding their sons by e-mail on a regular basis . By a regular basis, I mean at least twice per week. Mother shall initiate that contact in weeks during which Father does not have weekend visitation. Father shall initiate one contact during his weekend visitation, and Mother shall initiate another contact during that week. In the summertime, the custodial parent shall initiate the e-mail communications . The purpose of this communication is for the custodial parent to share something of note in their children' s lives with the non-custodial parent and for the non-custodial parent to reply. Copies of all e-mails and replies shall be saved by the parties and presented as an exhibit in any future proceedings . 5 . The parties shall encourage reasonable telephone contact between the children and the other parent . 6 . Transportation shall be shared in that the party relinquishing custody shall transport the children to the other parent . 7 . Neither party shall make disparaging remarks about the other party or the other party' s spouse in front of the children. 8 . Relocation: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation. A person proposing to relocate must comply with 23 Pa. C.S . Section 5337 . By the Court, (10;i!F Edward E. Guido, J. Jane Adams, Esquire Attorney the Plaintiff Stacy B. Wolf, Esquire Attorney the Defendant srs 9as`i3