Marks v. Marks

44 Pa. D. & C.5th 53
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJanuary 9, 2015
DocketNo. 13-16305
StatusPublished

This text of 44 Pa. D. & C.5th 53 (Marks v. Marks) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marks v. Marks, 44 Pa. D. & C.5th 53 (Pa. Super. Ct. 2015).

Opinion

LASH, J.,

The matter before this court is the petition of plaintiff, Andrew Marks, (hereinafter “father”), to modify a custody order of this court entered on August 20, 2013. The parties are the natural parents of four (4) minor children. The parties reached an agreement regarding custody of the eldest minor child, by order of August 22, 2014, but continue to dispute custody of the [55]*55youngest three (3) children. Trial was held on December 4, and December 16,2014. The court enters the following findings of fact:

I.FINDINGS OF FACT

1. Plaintiff, Andrew Marks, (hereinafter “father”), is an adult individual who currently resides at 119 West Fourth Street, East Greenville, Montgomery County, Pennsylvania 18041.

2. Defendant, Jennifer Marks, (hereinafter “mother”), is an adult individual who currently resides at 1396 Huff’s Church Road, Barto, Berks County, Pennsylvania 19601, but who intends to relocate to 233 Haas Street, Topton, Berks County, Pennsylvania, sometime in December of 2014. Mother’s intention to relocate was initially objected to by father, but the parties then reached an agreement at time of trial permitting mother to relocate.

3. The parties are the natural parents of five (5) children, with four (4) of them being minor children. The minor children include a son, A.M., bom Januaiy 1, 2000, a son, N.M., bom August 22, 2005, a daughter, M.M., bom August 1, 2007, and a daughter, H.M., bom October 6, 2008, (hereinafter “minor children”).

4. The custody order of August 20, 2013, sets forth, among other things, that the parties would share legal custody of the minor children, that mother would have primary custody of the minor children, and that father would have partial custody eveiy other weekend on Saturdays and Sundays, and every Wednesday evening. [56]*56The order also provided that the parties would participate in co-parenting counselling through Gateway Counseling Services in Pottstown, Pennsylvania.

5. In his petition to modify, father alleges that it is in the best interests of the minor children to award him primary custody because mother has anger issues, as well as difficulty dealing with father and making appropriate accommodations with father for the minor children, that her relationship with the minor children has deteriorated, that the minor children have a greater bond with father, and that father would be better able to provide a stable and safe environment for them.

6. A revised custody stipulation was agreed to by the parties and entered as an order of court on May 30, 2014, making some modifications to the order of August 20, 2013. One of the provisions addressed father’s concern that the maternal grandfather, James Roberts, was exercising corporal punishment on the minor children. The parties agreed that this would no longer take place.

7. In an order entered by agreement on August 22,2014, the parties resolved custody of the eldest son, A.M., setting forth, among other things, that the parties would share legal custody, that father would have primary physical custody, and that mother would initially have supervised visits on either a Saturday or Sunday from 10:00 a.m. to 7:30 p.m., to occur every other weekend. Commencing October of 2014, she would then assume partial custody from Saturday at 10:00 a.m. to 7:30 p.m. and Sunday [57]*57after Sunday School until 7:30 p.m., unless father or the guardian ad litem appointed believed that it would not be in the best interest to have unsupervised visits and could then petition the court to have the order modified.

8. On August 29, 2014, a temporary order was entered by agreement, setting forth that the parties would share physical custody of the three (3) youngest children on a 50/50, alternate week basis, with transfers to take place on Sunday at 7:00 p.m.

9. In addition to the subject minor children, father currently resides with his girlfriend, Kristen Heebner, the parties’ eldest daughter, Katherine, bom April 21, 1992, the eldest minor child, A.M., and Ms. Heebner’s daughter, Bridgette. Father and Ms. Heebner have resided together since May of 2014.

10. In addition to the subject minor children, mother resides with the maternal grandfather, James Roberts. When mother relocates to Topton, she will then reside with her boyfriend, Dan Adam, and his three (3) children, D.A., Jr., and two (2) thirteen year old twins, a daughter, A.A., and a son, B.A.

11. Both parties currently reside in the Upper Perkiomen School District. When Mother relocates, she will then be in the Brandywine Heights School District.

12. Gregory S. Ghen, Esquire, was appointed guardian ad litem by this Court on January 29,2014. Attorney Ghen has provided a report and recommendation dated April 14, 2014, a supplemental report dated July 18,2014, a second [58]*58supplemental report dated August 1, 2014, and a third supplemental report, dated December 8, 2014.

13. Father is employed as a truck driver for Agliano Brothers Trucking, working Mondays through Fridays from 4:00 a.m. — 5:00 a.m. to 3:30 p.m. to 4:00 p.m., and sometimes as late as 6:00 p.m. on weeks he does not have the minor children. He also works some Saturdays.

14. Mother is employed at Southern Wine and Spirits of Pennsylvania located in Pottstown, Pennsylvania, working Mondays through Fridays from 9:00 a.m. to 5:15 p.m.

15. The minor son, N.M., has IEPs or modified instruction on all subjects at school. He has also been diagnosed with ADFED. N.M. had received Wraparound Services from Creative Health Services. Currently, there is family based counseling through PA Counseling, which incorporates counseling for all members of the household.

16. The minor daughter, M.M., has an IEP for speech.

17. The eldest minor child, A.M., has been charged with indecent assault-related offenses. The alleged victim is the youngest daughter, H.M. The incident is alleged to have occurred at mother’s home. Mother contacted children services, who began an investigation. Currently, A.M. is receiving rehabilitative counseling with Commonwealth Counseling. H.M. is counseling with Dr. Alison Hill. The juvenile delinquency petition is pending.

18. Mother had also commenced counseling for A.M. [59]*59with Gary Law at the Penn Foundation. This began in February of 2014. However, mother ended the counseling after becoming involved in a dispute with Mr. Law. According to mother, Mr. Law lied to her.

19. The parties had attempted to engage in co-parenting counseling at one point, but the co-parenting counselor refused to continue, alleging that mother refused to be cooperative and was belligerent.

II. DISCUSSION

Father seeks primary custody of the subject minor children, while mother requests that the parties continue in a 50/50 arrangement. Because of her relocation, mother has offered to drive the minor children to school, with her boyfriend to pick them up, when she has custody of the minor children.

In making disposition, this court considered the testimony of the parties, father’s girlfriend, Kristen Heebner, mother’s boyfriend, Dan Adam, the parties’ eldest child, Katherine Marks, the maternal grandfather, James C. Roberts, Sr., mother’s sister, Linda Bieber, a targeted case manager from Service Access Management, Natasha Reyes, in camera

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Cite This Page — Counsel Stack

Bluebook (online)
44 Pa. D. & C.5th 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-marks-pactcomplberks-2015.