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HomeMy WebLinkAbout00-00608 ~- Lb, SHERIFF'S RETURN ~ REGULAR CASE NO: 2000~00608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDY CHARLES VS MITCHELL DOROTHY J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT ~ CUSTODY was served upon MITCHELL DOROTHY the DEFENDANT , at 0011:25 HOURS, on the 7th day of February, 2000 at 3 N ENOLA ROAD ENOLA, PA 17025 by handing to DOROTHY MITCHELL a true and attested copy of COMPLAINT ~ CUSTODY together with ORDER OF COURT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.92 .00 10.00 .00 37.92 r:JJ? ~-<~f . Thomas Klin Sworn and Subscribed to before u-- ,;29'- day of 02/09/2000 RUPP & MEIKLE By: J fJj~}//j~ fI Deputy Sh riff me this ,J..d..U<<'<J -:J..<rzri) A.D. ~.. /2 ~,(~,. rothonotary I [I I,! , LAW OFFICES i; !,i RUPP AND MEIKLE , ,J i'l :j ANN MEIKLE ERIKSf;oN (1954-82) A PROFESSIONAL CORPORATION 355 NORTH 21ST STREET, SUITE 205 CAMP HILL, PA 17011 (717) 761-3459 E-MAIL: RUPPLAW1@AOL.COM MAILING ADDRESS P.O. BOX 395 CAMP lULL, PA 17001-0395 HERBERT G. RUPP, ,fR. RICHARD C. RUPP November 29, 2000 TELEFAX: (717) 730-0214 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Judge Hess: I have not been involved in this case for sometime but have rejoined the Plaintiff as his counsel vesterday afternoon, in order to represent him in this custody matter. I apologize for filing this late but I have been asked by Plaintiff to continue representing him. It is a simple Trial Memorandum as the issues are extremely basic. I am both telefaxing and mailing a copy of this Trial Memorandum to Attorney Joan Carey for the Defendant Dorothy Mitchell on today, Wednesday, November 29, 2000. Thank you for your consideration in this matter. 1 Richard C. Rupp RCRllin cc: Joan Carey, Esquire -,,~'~^" .~"'"~~""-....,,, CHARLES HARDY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-608 CIVIL TERM DOROTHY MITCHELL DEFENDANT : CIVIL LAW - LAW : IN CUSTODY TRIAL MEMORANDUM AND NOW, the Plaintiff Charles Hardy through his attorneys Richard C. Rupp Rupp and Meikle, files this Trial Memorandum on behalf of Charles Hardy in respect to custody of minor child Joshua Hardy. 1. Background - The Plaintiff is Charles Hardy who resides with his wife Bonnie at 530 N. Enola Road, West Fairview, Pennsylvania. The Plaintiff is Dorothy Mitchell who resides at 3 N. Enola Drive, Enola, Pennsylvania. She is unmarried. At the time of filing the custody complaint, the minor child Joshua Hardy, Melissa Musser, Josh's half- sister, Angelo Tosslano, Josh's half-sister, Amanda Mitchell, Josh's half- sister, and three nieces and nephews live with Defendant. Pursuant to a Conciliation Conference held on March 23, 2000, the parties negotiated an interim or temporary custody arrangement until a final custody hearing could be held which allowed the father to have visitation with his son. - ~= "'~., The father requested a court hearing in this matter from the Conciliator in September 2000. 2. It is the Plaintiff Charles Hardy's position that the parties' minor child Joshua Hardy who is age 17 and who will be age 18 in February 2001 desires to live with his father Charles Hardy, for various reasons including the detrimental environment at Joshua Hardy's mother's house, the effect of the environment at the mother's house on the minor child, the controlling behavior of the mother toward to minor child Joshua Hardy and the behavior of others in the household toward Joshua Hardy, punishment and for wanting to visit his father, and the unreasonable control exercised by the mother over the child, the prevention of the child to visit with his father. Further, testimony will show it will be in the best interests of the child that primary physical custody for minor child Joshua Hardy be with his father Charles Hardy. 3. The witnesses that are expected to testify for the Plaintiff are as follows: a. Charles HardYI Plaintiff, who is father of minor child, Joshua Hardy. b. 80nnie Hardy, Plaintiff's wife, stepmother to Joshua. .~~" ~. ;-~ c. Joshua Hardy who is age 1 7 and 9 months old. d. Howard M. Bissinger, MA, psychologist with the Pennsylvania Counseling Services - West Shore 4. Each witness is expected to testify as follows: a. Charles Hardy will testify to mother's unreasonable prevention of their son to visit with the child, the environment that Charles Hardy and his wife Bonnie can provide for Charles Hardy's minor son Joshua Hardy including needed privacy and a less chaotic environment, and the provisions of an uplifting environment. The position of the Plaintiff is basically that his son has been almost as a "prisoner-of-war" in that he is completely controlled, sometimes spied upon, and given arbitrary orders and had been prevented from having any reasonable contact with his father Charles Hardy. Therefore, it is in the best interest, of the minor child, who desires to live with his father, to have primary physical custody placed with Charles Hardy. Said environment behavior and conduct of mother or allowed by mother has detrimentally impacted the parties' child's physical and mental well being. b. Bonnie Hardy's testimony will support and fill in Plaintiff's " ~.,,' testimony. c. It is believed that Joshua Hardy, the minor child, will testify that he desires for good reasons to reside with his father and not with his mother. d. It is believed that the psychologist will testify in accordance with his report dated November 27, which is attached hereto and incorporated herein by reference. 5. Settlement discussions: a. Defendant has offered to the Plaintiff to allow Plaintiff to have primary physical custody of minor son commencing on January 1, 2001 with mandated visitation by son to Defendant's residence every Wednesday night, overnight, and three out of four weekends per month. b. Plaintiff has rejected's Defendant's offer. c. Plaintiff has offered to Defendant the proposal that Plaintiff would have primary physical custody of parties minor son , commencing immediately and allow son to decide when to visit Defendant without a mandated schedule. d. Defendant has rejected this offer. Respectfully submitted, By Ric Att rney for Plaintiff Attorney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 " ~ '''kle.(.. CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Trial Memorandum upon the person(s) named below by telefax and Unites States mail postage prepaid on the date stated below. Ri ard C. Rupp, Esquire 1.0. #34832 355 North 21 st Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: Pennsylvania Coun~li08 ~tRVla:& -- Pennsylvania Counseling Services. West Shore 445 Gettysburg Pik.. Mochanksburg, PA 171lS5 . (717)795-8363 . Fa" (717) 796-1466 Barbara J. Schmitt, M.A, c'A,C., Clittic DirectJJr Roy A. Smith !t:. Ph.D., President, CEO. Ruth M. Davis. MIlA. Executive Viu-Presidtnt November 27, 2000 CULlS1.$ 1OO0ayStreet ClldWe.-Ml7lJ13 (711)"""" FU:(717)2f5..[ll9fl Dear Judge, HA.RRlSIURC 4'18 [,ocWlI Lant J-IMri$burj.PAl71~ (1l71611,*lO 13)(,(717)571--9600 I have been asked by Joshua Hardy, VlitO stands before you this day, to render an opinion regarding his desire to be in the majority physical custody of his father, Up until this time, Joshua has been under the custodial care of the mother. lANCA''''' 61179 Mair1 Street Ea.~I'et2KbllfB,PAl?520 Vt1j56t).l9l\8 Fu; {711) 50i!i41 LEBANON .wJN,FlheenthA'I'ttlift' Ub.l~PAlrn46 (7l1}'1'11-16!U Fax: (717) 212-ol166 r am a psychologist who has been counseling Joshua since March of2000, at which time his father brought him fur seIvices, The reason was that Joshua was feeling stressed and depressed, which \vas related to conflict and stress with living with his mother. READING tmt'-.......c......u:. WyOmissingHiJls,PAl9509 (610}67U-7270 Falc(610) 61B-38~S Joshua described conflict with his mother as being too controlling, restrictive, and too harsh on him. He also complained of too many people living in their small 3-bedroom home, Apparently, Joshua's 30-year-old half-sister and her three preschoolers had moved in with him, his mother and two other half-sisters, resulting in a crowded, chaotic home environment. The mother is on disability, and is described by Joshua as being moody and temperamental. He haS had a lot of difficulty getting along v.ith her. RUDrNGCSTr 'S01~~Su\te361 ~PAliUOl (610)47&-3088 fix: (610) 4?B-4S&l RIlN'AlSSANCE 700Cheslnu.tStreel leblrlCll'l, I'A 11042 (111)2?4-1741 Fu,(117)t14-54$ I have spent many sessions helping Joshua talk about his conflict and how to handle it. This helped some. The mother and Joshua did go for joint counseling to another counselor. Apparently, some of the stress has subsided, but nevertheless continues. Also, recently his sister and three preschoolers moved out, alleviating some more of the stress. SOIlNUCILL COUNTY 30S NoJttl 2nd 5t11eet. 2M FlPOr Pettl"ilk',PA17'101 (S70)QB-1988 rtk:t5'lU)f:,'J1..'1!/O"I "'.. 26 Mount Zion R01d Ywk,PA 17lO2 (11?)840-D9bl fa):: t711) 7SSaS9 For quite some time now, Joshua has been consistent in his desire to live with his father. His experience with his father has been a positive, nurturing one, Josl:1ua feels dad is fair to him, yet does draw the line, His relationship with his father is described as one ofleadership and fostering growth and independence, This, of course, is something that is needed, given that Joshua "ill be ] 8 in a few months. PCS,obCut: EmployeeAs5isWlce ......m 1-8l>>-mo0305 Joshua's experience with the mother has been largely negative and con:tlictual, as well as restrictive and inhibiting. This has been less so since Joshua and mom have had family counseling, however. y'yd ':7gC-t",~(.-L ~L SQ!60iOU~~~..i. dOl U!El+.l,r ,)~~ i'N v1::9 0001: '61: ,oqcuOAON ',\epsouPOM ~ ". f'1"\.rl Page 2 I do recommend to the court that Joshua's request to be in the majority physical custody of his father be granted. He is practically of adult age anyhow. Also, hE gets along with the father really well, who is an educated man who encourages Joshua to believe in himself and is there in a helpful, supportive way. I believe Joshua will benefit from this and that this decision represents what is in his best interest. Respectfully submitted, ~~)1M IJ~ Howard M, Dissinger, MA Psychologist L-po9C'VSZ>1.. ~L saj50IOUl1:Jl;;l.J.. dOl u\,E.'J:,'.irtov\l ,., 7'90'07 '6G' J~qUl~-'\ON ',\'e?sQu?eM 1\':1 Yv U '" ~~~~-~ "~~ ~ . , ~, (, .. o . CHARLES HARDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO, Q.OOQ- LoOg CIVIL TERM DOROTHY MITCHELL, Defendant CIVIL ACTION -LAW : IN CUSTODY ORDER OF COURT AND NOW, .ilJ 1--\ ,2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before . eA. \)'1..nS,~ , the conciliator, at :'<.9 \",), '005{'\\:\\)'''\fr~\(sb.--t~ on the ~~ day df ~ ~ , 2000, at \", 00 em" for a Pre-Hearing Cu Jy Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, 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. FOR THE COURT, By: The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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, - 0;;. f?- 00 d<9-I/O 07.tJ -ot) . 1I? ,~, -~~ -~.""",,,,,,, ~.~, ,- ~~~~~"""""""'~~~ .~~". ~"', ~ ~~,~~,,,,,,,,,,,,,,"'P>-",,'''T''<"'''''''f.'-fflii!!ill.!l'~I!!\It'iJ!I!;~~!I~i'l!iIf!!i'lm;r: 1Ili'fi!l.I",- .". OF ., ~".-,.-\(,C C\\ n}-\,jrl\'..)~-,--:-j\n'1 \ '--'~:_',,--(';'n ,(':\t; \;-\:"\ , C\ \J';,,\ ?~ U--:" ('\ II""I':') ~.Q f ,_. Ou r t,i.J "' _ ",{',' "11'\/ ,~,-:-"\', ,":"',' '. l../,.JV\'l.l I C\Ji\ji?E~\NSYL\!i\NI.~ dJ. ~~./M~ ~ ~ ~ ~rlfu ~ ~ ~ ~~. ~$ ~ ~ cd!'~?- \, ':' _'&,.',c ,,', '~-'h."':1"'rrffiit(:i~I"ln .~;:Xj";~ '", -'."(- .- .~-- ~ - - ......._,~~~ .' ~ 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 CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 2 ,~_c_ ~ ~- - '"~-, ...-,,' " ~ CHARLES HARDY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. QJ:i:t)- (00'8 CIVIL TERM DOROTHY MITCHELL, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff Charles Hardy, by his attorneys, Rupp and Meikle, and Richard C. Rupp and files this Complaint for full custody of the parties' minor child as follows: 1. The Plaintiff is Charles Hardy who resides at 530 Enola Road, West Fairview, Cumberland County, Pennsylvania. 2. The Defendant is Dorothy Mitchell who resides at 3 N. Enola Road, Enola, Cumberland County, Pennsylvania. ~~ ~~ - ".... ~~ ~- " " 3. Plaintiff Charles Hardy seeks custody of the following minor child: Name Present Residence Al[e Joshua Hardy 3 N. Enola Road, Enola Pennsylvania 16 Yrs. 4. The child was not born out of wedlock. 5. The child is presently in the custody of the Defendant, the mother who resides at 3 N. Enola Road, Eno1a, PA. 6. During the past five years, the child has resided with the following persons at the following address: Address Dates Person Dorothy Mitchell, Mother, with 14 N. Enola Road, Enola Pennsylvania 1995- Oct. 1999 Melissa Musser (22) - half sister to Joshua Amanda Mitchell (12) - half sister to Joshua Angela Toslono (28) - half sister to Joshua Jose Toslono half nieces and Miguel Tos10no } nephews now under 7 Alexandra Toslono years of age Dorothy Mitchell, Mother, with 3 N. Enola Road, Enola Pennsylvania Oct. 1999- Present Melissa Musser (22) - half sister to Joshua Amanda Mitchell (12) - half sister to Joshua Angela Toslono (28) - half sister to Joshua Jose Tos10no half nieces and Miguel Toslono } nephews now under 7 Alexandra Tos1ono years of age 2 ..~<-- , ~ <'<Ill."'-'""""""'_' " 7. The father of the children is Charles Hardy, the Plaintiff, who currently resides at 530 Enola Road, West Fairview, PA. He is married to the Bonnie Hardy. 8. The mother of the child is Dorothy Mitchell, the Defendant, who currently resides at 3 N. Enola Road, Eno1a PA. She is unmarried. 9. The relationship of the Plaintiff to the child is that of their father. The Plaintiff s household includes: Name Charles Hardy - Plaintiff Bonnie Hardy RelationshiD Father Step-mother 10. The relationship of the Defendant to the child is that of their mother. The Defendant's household is believed to be as follows: Dorothy Mitchell - mother to Joshua; Melissa Musser (22) - half sister to Joshua; Angela Toslono (28) - half sister to Joshua Jose Toslono half nieces and Miguel Toslono } nephews under 7 Alexandra Tos10no years of age Joshua Hardy - parties' minor child Amanda Mitchell (12) - half sister to Joshua 3 ~",""," ~~~~ . Th'."_ .' 11. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except in Dauphin County, when the Plaintiff and Defendant were divorced, the Plaintiff fIled a Count for Custody within the Divorce Action. However, no Court Order was ever entered. It is believed the Parties executed an Agreement for Custody entitled "Stipulation" which is attached hereto and incorporated herein as Exhibit "A". 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and the permanent welfare of the parties' minor child will be served by granting the relief requested by the Plaintiff because: a. The Plaintiff can provide the parties' minor child with a home with adequate moral, emotional and physical surroundings to meet the child's needs; b. The Plaintiff is willing to accept custody of the child; c. The Plaintiff continues to exercise parental duties and enjoys the love and affection of the parties' minor child. d. The parties' minor child prefers full custody with the Plaintiff, his father. 4 ",""",,)7 " ..........~,< .' e. The defendant has been attempting to prevent contact between Plaintiff and Plaintiff's son, Joshua. f. The parties' son has little or no privacy in the Defendant's household. g. The parties' son's grades are suffering and it is believed to result at least in part from the environment in which the Defendant has placed the parties' son. h. The Defendant and members of Defendant's household make disparaging remarks against Plaintiff in front of parties' son. i. Defendant prohibits parties' son from speaking to Plaintiff on telephone from Defendant's household. j. Defendant plays mind games with parties' son. k. Defendant is unreasonably controlling parties' son to his detriment. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 5 '.<$'" " ~ .. ON" ,~ ~ ~ ~;j", .' WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant full custody of the parties' minor children to the Plaintiff, the father of the parties' minor children. RUPP AND MEIKLE By Richard C. Rupp Attorney for Plaintiff Attorney J.D. #34832 355 North 21st Street, Suite 303 Camp Hill, PA 17011 (717) 761-3459 6 >;!It' r .~ -~'" ' - il ..J1, }:' ,. VERIFICATION I verify the statements made in this Complaint For Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date: 17 7,,4/V:J..CTC10 ~44/~ Charles Hardy, Plaintiff l!IiiItIIi'''''''_.~ ~~Mi'~~.l'o><~.~''''"'''''''''ll!J.jilfiwi-lli>liI<.ii"",~ ',;""j"'J.t<0l"~j,,,~~lo!oISJl '.. "., -~.~ ~~~.'... ~ ~---I () C..J ~-.l C.:: C::J ",'1 5:~', -" ~ ..-1, ulJ: ~.-n f'"li ':C," z. I ,;] 2: cn f'" ,~ [ ,. }:l , ?;~--1 ;,J tIf' ""'....'-... '-p \t. i> ~.J';~ t') ~ ;~ ~:; ..D ~ ><:: 0) ~rn 0 ().l 7 ." ~ --' ~ 00 ill 01 ,,;) 0(] <Xl 0 .:..J -0 0- ff' I r , . J-: '" , CHARLES HARDY, : IN THE COURT OF CXlMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 00-608 CIVIL TERM . : OORarHY MITCHELL, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF COORT AND~,this d..1A::t day of ~ consideration of the attached Custody ConcJ.liation Report, and dir~cted as follows: A Hearing is scheduled in Court Room No. 4 , of the CUmberland County Court House on the J(J-01 day of ~ 2000, at /:.3 0 o'clock, -f2-.m., at which time testimony will be taken. For purposes of the Hearing, the Father, Charles Hardy, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties Pro Se, shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. BY THE COURT, cc: Charles Hardy, Father Joan Carey, Esquire - Counsel for Mother Richard C. Rupp, Esquire , 2000, upon it is ordered .;rJ1 .y G (\0 \_',~ yO << O\~~ lI" .. I"" IIRLI\1l ,,,.,....,,..,",.,~,~;o~~""'""~~~ ~. ~. rll ;n,-Ci~nCE (').".... " ',>:'-?::\YI 'n'I\loTilRY ,I"" j "',,,",, ". , . 00 Sf? 21 1'l'l12: 07 CUMBER\.Ai"lD COUNTY PENNSYDIANlA , . ... ~ ~t"f'"!Il'~~)I:-\llii~~~~~_....~,~",,~-""'1IilIIIlmII --~ "~ " - ..,< ~ , .. , CHARLES HARDY, : IN THE OOURT OF OOMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-608 CIVIL TERM : OOROl'HY MITCHELL, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY ~IATICN SUMMARY REPCRr IN AccaIDANCE WITH CUMBERLAND CCIlN'lY RIlLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUS'l'ODY OF Joshua Hardy February 17, 1983 Mother 2. A Conciliation Conference was held on March 23, 2000, with the following individuals in attendance: The Father, Charles Hardy, with his counsel, Richard C. Rupp, Esquire, and the Mother, Dorothy Mitchell, with her counsel, Joan Carey, Esquire. 3. At the conclusion of the Conciliation Conference, counsel requested that the Conciliator hold this matter open for the parties to determine whether a custody evaluation would be financially feasible. Subsequently, the Conciliator received contacts from the Mother's counsel indicating that efforts were under way to resolve the custody issues by agreement so that a Hearing would not be necessary. The Conciliator received a request from the Father on September 13, 2000 for the scheduling of a Hearing at this time. The Father advised the Conciliator that he is no longer represented by counsel and there is no possibility of a resolution by agreement at this time. Therefore, it will be necessary to schedule a Hearing in this matter as originally discussed at the Conciliation Conference in March. 4. The Father's position on custody is as follows: The Father believes that it would be in the Child's best interest to reside primarily with the Father. The Father stated that the Child has continuously expressed a strong preference to reside with the Father as the Child has no privacy in the Mother's household for either himself or his belongings. According to the Father, the Mother has discouraged, and even punished the Child for trying to maintain a close relationship with the Father. 5. The Mother's position on custody is as follows: The Mother ~- ~" ~,' l1' ;l; # believes that it would be in the Child's best interest to continue to reside in her primary custody. Accoding to the Mother, the Child has had problems in school which are improving progressively due to her monitoring of the situation. The Mother denied that the Child has any problems with privacy in her home and stated that he has a good relationship with her and the other Children residing in the household. 6. The Conciliator recommends scheduling a Hearing in this matter. require at least one-half day. 9f~A {3, ~-., Date an Order in the form as attached It is expected that the Hearing will (~~~n'1 Dawn S. Sunday, Esquire Custody Conciliator .". " "';' CHARLES HARDY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-608 CIVIL CIVIL ACTION - LAW DOROTHY MITCHELL, Defendant IN CUSTODY ORDER AND NOW, this ,. day of December, 2000, this matter having been called for hearing, on agreement of the parties, it is ordered and directed that legal custody of Joshua Hardy, born February 17. 1983, shall be shared by his parents. Primary physical custody of said minor is herewith awarded to his father. Said primary physical custody shall commence on Saturday, December 2, 2000. Thereafter, the mother shall have liberal periods of partial custody as follows: a. The week of December 10, 2000, from Sunday, December 10th until Sunday, December 17th. 'b. On Christmas Day at noon and the week following Christmas. c. During January and February a minimum often (10) days which may include overnight periods. Joshua will continue in counseling with his mother with Doris Rogers. BY THE COURT, Richard C. Rupp, Esquire For the Plaintiff /14 Joan Carey, Esquire For the Defendant ~~ /~ _ </_ frO '-j>- " " ~1"\ r.:D.O~,\,~t: r.....'- ,11 IVt.:.. c,- ., .,...,-,...... ,.",,,1'\'1',..,\1 J';: lt~_( r't-':,..,I\riU\\(\j\Jo\f1l 00 GEe - \ fl.t't \ \ ~ \ ~I CUM~.,RlA\'\) COUNi'( PENNS'(LVANIf.\ . "' ~ 1lIIIt~ !'t\!jI,...'L.~~""" " " . ,,'~"~- '" ~ ,~- ,~~..-