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HomeMy WebLinkAbout03-0540 GLENN HARLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ~O CIVIL TERM BARBARA A. HARLAN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Glenn Harlan, residing at 130 Union Hall Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Barbara A. Harlan, residing at 50 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The plaintiff seeks custody ofthe following child: Name Present Residence Age Matthew A. Harlan 50 Winchester Gardens Carlisle, PA 17013 11 The child was born in wedlock. The child is presently in the custody of the mother, who resides at 50 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, 17013. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Barbara A. Harlan 50 Winchester Gardens Carlisle, P A 17013 1996-present Glenn Harlan Barbara A. Harlan 130 Union Hall Road Carlisle, P A 17013 1994-1996 Glenn Harlan Barbara A. Harlan 10 Maurice Road Mt. Holly Springs, P A Birth-1994 The mother of the child is Barbara A. Harlan, currently residing at 50 Winchester Gardens, Carlisle, Cwnberland County, Pennsylvania, 17013. She is single. The father of the child is Glenn Harlan, currently residing at 130 Union Hall Road, Carlisle, Cwnberland County, Pennsylvania, 17013. He is married. 4. The relationship of the plaintiff to the child is that off ather. The plaintiff currently resides with the following persons: Name Relationship Janice Harlan Spouse Phillip Harlan Son Megan Harlan Daughter Abygail Harlan Daughter Donovyn Harlan Son 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Matthew A. Harlan Son 6. 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: i.) The father has not been able to enjoy a stable relationship with the child because the mother consistently interferes with their mutually agreed upon visitation schedule by calling to cancel, at the last minute, or scheduling activities during said visitation. ii.) The child would benefit from a more stable relationship with his siblings, father and step-mother. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been names as parties to this action. WHEREFORE, the plaintiff requests this Court to grant shared physical custody and shared legal custody of the child to the plaintiff. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, David Lopez Attorney for Plaintiff Law Offices of LopezNeuharth, LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 VERIFICA nON I verify that 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. ~ 4904 relating to unsworn falsification to authorities. 3'~03 Date ~ ~.~ Glen Harlan, Plaintiff CLocK~cL it ~:z. -O~ ~9 3 ~.~ ~.'3'1 p.1Y\ (J0I dip. c. /( fJ. / / ~ -:)/0 /0)...::'/ /.:1'12.9(, GLENN HARLAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-540 CIVIL ACTION LAW BARBARA A. HARLAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before-!,acqueline M. Verney, Es~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 04, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an efIort 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 rnay also be present at the conference. Failure to appear at the conference rnay provide grounds for entry of a ternporary 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 hearinJ:(. FOR THE COURT, By: /s/ Tacqueline M. Verney. Esq. " Custody Conciliator The Court ofCornrnon Pleas ofCurnberland County is required by law to comply with the Arnericans 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 TI-nS PAPER TO YOUR ATIORNEY 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3l66 -~~k ~~~ . $/ <% /,yrtN ?!~ ~ fr ~ ~~~/ -~ /-y; \-f!j'!\ /i"! r-". ,\ I...... I )J.!\:r,'lr~I'~~:'; J I~I~ \c'":i~~' !!.:' :j(~ i" ., I. ~c(' ['o'L' c=' f:tJ-L. . e GLENN HARLAN, PLAINTIFF :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. BARBARA A. HARLAN, DEFENDANT :No. 03-540 CIVIL ACTION LA W :IN CUSTODY Affidavit of Service I, David Lopez, Attorney for Plaintiff, hereby state that on February 11,2003, I mailed by First Class U.S. Mail and by Certified Mail, No.7002-2410-0007-8506-5960, Return Receipt Requested, Addressee Only, a copy of the Complaint for Custody and an Order of Court, scheduling the custody conciliation conference, to 50 Winchester Gardens, Carlisle, Pennsylvania 17013, the last known address of Defendant, which documents were received on February 13,2003, as evidenced by the attached Return Receipt Card. · Complete Items 1, 2, and 3. Also complete item 4 if R8sl'rfeted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1 . rticle Addressed to: BA-I<.!3A-1!. A- tf A r<. U4 N 50 iJo1CflE.sn:.-r<. GA~fXfJ5 LAf?LISL-E)IM /70/3 2. Art (Tfl - PS Fe I,_____,~-- __'__ EXHIBIT A D Express Mail D Return Receipt for Merchandi DC.O.D. 4. Restricted Delivery? (Extra Fee) - 1 02595-Q2.M.l 035 I 1 I 1 ) ( ( - (") c ~ ~O:i r . l~ :; -::::: .- .,:< ~.~.~ MAR 0 5 2003 \f GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this t,i( day of Vt{ 7.J c.l ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Glenn Harlan, and the Mother, Barbara A. Harlan, shall have shared legal custody of Matthew A. Harlan, born December 11, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. While Mother resides in the Carlisle area, every Wednesday from 5 :00 p.m. to 7:00 p.m. C. During the summer vacation, four (4) non-consecutive weeks, from Friday to Friday, unless the child's extracurricular schedule prohibits non- consecutive weeks, in which case, Father may have two consecutive weeks, to accommodate his four weeks. The four weeks shall be determined by May 30 of every year after the child's summer activity schedule is determined. 4. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day. Father shall have physical custody of the Child on Father's Day, both at times agreed by the parties. B. Thanksgiving shall be alternated by the parties with Father having odd numbered years and Mother having even numbered years. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall run from 10:00 a.m. Christmas Eve to Christmas Day at 10:00 a.m. ... VlNVA1ASNN3d ur 'n"'" - 'I' ,. nl ''''~'~no I \,' f ,t') f ;\I~;". !"'_!"j~I!~I' . 'Ii' f \- ".., '.,"".' ; , " ~ ,_ f. " ~, S€ :S Hd L - C1~f. CO ^a\flC~:i",iC';'" -if'.! 1 ~'. ..:J__,l I:C" ',-; J(, -.J-....... Block B shall run from Christmas Day at 10:00 a.m. to December 26, at 10:00 a.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. D. New Years Eve/New Year's Day shall be divided into two Blocks, Block A shall be from 10:00 a.m. on December 31 to January 1 at 10:00 a.m. and Block B shall be from January 1 at 10:00 a.m. to January 2 at 10:00 a.m. The New Year's schedule shall be opposite of the Christmas schedule. E. Easter shall be alternated with Father having odd numbered years and Mother having even numbered years. F. Memorial Day shall be alternated with Mother having odd numbered years and Father having even numbered years. G. July 4th shall be alternated with Father having odd numbered years and Mother having even numbered years. H. Labor Day shall be alternated with Mother having odd numbered years and Father having even numbered years. 5. In the event the Child's extracurricular activities fall on Father's alternating weekend, Father shall have the option to pick up the Child on Saturday after the activity or switch his weekend. 6. In the event Father's alternating weekend coincides with a Monday school holiday and Father also has a Monday holiday, Father's weekend shall be extended to include Sunday overnight until Monday at 5 :00 p.m. 7. Transportation shall be shared as agreed by the parties. 8. 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. BY THE COURT, -~ cc: David Lopez, Esquire, Counsel for Father Marylou Matas, Esquire, Counsel for Mother .~ ~ ..1- /0- 0..3 9-- GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew A. Harlan December 11, 1991 Mother 2. A Conciliation Conference was held in this matter on March 4,2003, with the following individuals in attendance: The Father, Glenn Harlan, with his counsel, David Lopez, Esquire and the Mother, Barbara A. Harlan, with her counsel, Marylou Matas, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 3 - 4 -() S Date acq line M. Verney, Esquire Custody Conciliator JUN 1 9 Z003 ~ GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, thiS.11il- day of ~ '-'lne.. ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l. The prior Order of Court dated March 6, 2003 shall remain in full force and effect with the following modifications: 2. Paragraph 3D shall be added to provide as follows: Mother shall also be entitled to four non-consecutive weeks in the summer. In the event, however, that due to the child's summer camps, there are not sufficient free weeks in the summer, Father's four weeks shall take priority over Mother's. 3. Paragraph 41 shall be added to provide as follows: Father's holiday periods may be extended by agreement of the parties. 4. In the event that either party is in need of overnight babysitting services for the Child during the Child's summer vacation, the custodial parent shall contact the non-custodial parent and offer, in a timely fashion, the babysitting opportunity to the non- custodial parent. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, dll-;> J. I cc~vid Lopez, Esquire, Counsel for Fathe ",Marylou Matas, Esquire, Counsel for Mo he1 ~~ tr-~ ,{J O\;~ :>- tn ~ ~ tr. ~~~ - ::>s; - .) ~- ..::')~ c ::;c Ci: -1':- l.!-F" .q: ,)~ g6 0 3 e. ::1(" ~ ff:lU 2: ffj~, :c :::> r-' ..., ~ l5 M c:::> GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley OIer, Jr., 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew A. Harlan December II, 1991 Mother 2. A Conciliation Conference was held in this matter on June 17,2003, with the following individuals in attendance: The Father, Glenn Harlan, with his counsel, David Lopez, Esquire and the Mother, Barbara A. Harlan, with her counsel, Marylou Matas, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 6, 2003 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends and four non-consecutive weeks in the summer. 4. The parties agreed to the entry of an Order in the form as attached. 6, -/ f -() 3 Date ~A'<M' acq ine M. Verney, Esquire Custody Conciliator GLENN HARLAN. PLAINTIFF/PETITIONER :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v. BARBARA A. HARLAN, DEFENDANT/RESPONDENT :No. 03-540 CIVIL ACTION LAW :IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER Plaintiff/Petitioner, hereinafter "Father." Glenn Harlan, through his attorney, Aaron Neuharth. Esq., respectfully represents as follows: I. Father resides at130 Union Hall Road. Carlisle, PA 17013. 2. Defendant/Respondent, hereinafter "Mother." is Barbara Harlan who presently resides in Mt. Gretna, PA with a mailing address of P.O. Box 577 Mt. Gretna. P A 17064. 3. Mother and Father are the natural parents of one child. Matthew A. Harlan. born December II. 1991. 4. On or about February 7. 2003, Father filed a Complaint for Custody, and a Temporary Custody Order was entered on March 6. 2003. In substance said Order provides as follows: 1. The parties shall have shared legal custody of the child. 2. Mother has primary physical custody, subject to Father's periods of physical custody on alternating weekends from Friday at 5:00 P.M. to Sunday at 5:00 P.M. A Copy of the March 6, 2003 Order is attached as Exhibit "A." 5. The parties attended a second conciliation. and another Order of Court was entered on Junc 19,2003 which slightly modified the March 6, 2003 Order. A Copy of the June 19,2003 Order is attached as Exhibit "B." 6. Since the entry of the March 6, 2003 Order. there have been substantial changes in circumstances. Modification of the Order for Custody is warranted because: A. Mother resided with the child in Carlisle, Pennsylvania until on about summer 2003. at which time she relocated with the child to Mt. Gretna, Pennsylvania. B. Prior to the time that Mother relocated out of the area, the child attended St. Patrick's School since kindergarten. c:. Mother enrolled the child at Lebanon Catholic School for the 2003-2004 and 2004-2005 school years. D. The child did not like leaving the Carlisle area and wanted to return to the St. Patrick's School to complete his final year of elementary school. F. The parties agreed that the child would reside with Father in the Carlisle arca for at lcast the 2005-2006 school year. G. The child is presently attending St. Patrick's School and has done so since the commencement of the 2005-2006 school year. VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: '1<~~2. kOD (p / ~~e ~l Glenn arlan , GLENN HARLAN, PLAINTIFF (PETITIONER :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v. BARBARA A. HARLAN, DEFENDANT/RESPONDENT :No. 03-540 CIVIL ACTION LAW :IN CUSTODY CERTIFICATION OF SERVICE This is to certify that in this case a complete copy of all papers contained in the foregoing Petition to Modify Custody Order has been served upon the following persons by the following means on the following dates: Name and Address: Means of Service: Date of Service: Marylou Matas, Esq. Sadis, Flower. & Lindsay 26 West High Street Carlisle, P A 170 13 First Class US Mail l.{ /~/ ~Oc....<o Dated: '-\ /5:/ ~O<:::>(,.., Aaro~X~3s~~ -> Law Offices of LopezNeuharth LLP 232 Lincoln Way East P.O. Box 359 Chambers burg, P A 1720 I (717) 264-2939 - - ~' .MAR 0.5 ZOOJ 'P rt1 m.~,)T\ GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LA W : IN CUSTODY ORDER OF COURT (, AND NOW, this /, ~ day of }n AU.k." , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Glenn Harlan, and the Mother, Barbara A. Harlan, shall have shared legal custody of Matthew A. Harlan, bom December 11, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primmy physical custody of the ChHd. 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. While Mother resides in the Carlisle area, every Wednesday from 5:00 p.m. to 7:00 p.m. C. During the summer vacation, four (4) non-consecutive weeks, from Friday to Friday, unless the child's extracuniculal' schedule prohibits non- consecutive weeks, in which case, Father may have two consecutive weeks, to accommodate his four weeks. The four weeks shall be determined by May 30 of every year after the child's summer activity schedule is determined. 4. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day. Father shall have physical custody of the Child on Father's Day, both at times agreed by the pm1ies. B. Thanksgiving shall be alternated by the pat1ies with Father having odd numbered years and Mother having even numbered years. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall run from 10:00 a.m. Christmas Eve to Christmas Day at 10:00 a.m. r::;x:. vt'~' ~ "" r.\ I ---. Block B shall run from Christmas Day at 10:00 a.m. to December 26, at 10:00 a.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in e\'en numbered years and Block B in odd numbered years. D. New Years EvelNew Year's Day shall be divided into two Blocks, Block A shall be from 10:00 a.m. on December 31 to January I at 10:00 a.m. and Block B shall be from January I at 10:00 a.m. to January 2 at 10:00 a.m. The New Year's schedule shall be opposite of the Christmas schedule. E. Easter shall be alternated with Father having odd numbered years and Mother having even numbered years. F. Memorial Day shall be alternated with Mother having odd numbered years and Father having even numbered years. G. July 4lh shall be alternated with Father having odd numbered years and Mother having even numbered years. H. Labor Day shall be alternated with Mother having odd numbered years and Father having even numbered years. t, 5. In the event the Child's extracurricular activities fall on Father's alternating weekend, Father shall have the option to pick up the Child on Saturday after the activity or switch his weekend. 6. In the event Father's alternating weekend coincides with a Monday school holiday and Father also has a Monday holiday, Father's weekend shall be extended to include Sunday overnight until Monday at 5:00 p.m. 7. Transportation shall be shared as agreed by the parties. 8. 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. BY THE COURT, /s/ q UJ-JP,y ((),&-, C) I I J. cc: David Lopez, Esquire, Counsel for Father Marylou Matas, Esquire, Counsel for Mother TRUE CiOP;"l rnCt,i.1 r: In T~d:th'~lon~' ~ihf-;~"~V{ { i:., L' /,,\,- l,:_.>':'((1 ,\!ldlllll~t-' """, ""',..'; k { ""!!;i ~ Vi .. ,..-",".",:,- I. <.". '~".,.:' ;,.,.-y -', I ,\;'" Thii 1 ~j,;:y (;L~ .~ "'- (~./ ()~ f'1A.PP,. , "t4' ' Protl1onull!r~ JUN '\ 9 2003 'p GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-540 CIVIL TERM BARBARA A. HARLAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this J9+h day of :JtUl€ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 6, 2003 shan remain in full force and effect with the following modifications: 2. Paragraph 3D shan be added to provide as follows: Mother shan also be entitled to four non-consecutive weeks in the summer. In the event, however; that due to the child's summer camps, there are not sufficient free weeks in the summer, Father's four weeks shan take priority over Mother's. 3. Paragraph 41 shan be added to provide as fonows; Father's holiday periods may be extended by agreement of the parties. 4. . In the event that either party is in need of overnight babysitting services for the Child during the Child's summer vacation, the custodial parent shall contact the non-custodial parent and offer, in a timely fashion, the babysitting opportunity to the non- custodial parent. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shan control. BY THE COURT, 151 J. -t. (,Jrc!Ji "I J~. cc: David Lopez, Esquire, Counsel for Father ..' . . J. ORD Marylou Matas Esquire Counsel for Mother TRUE COpy FROM REC h d .,' In Testimony whereof, I here unto set my an ... ,'" ..., of t' CO"" " CO'. lisle, Pa. T I' . .:':.~~.~.~ Of..;:). ro~th on'o't"a"ry.~ 'ED<. ~:.Q;,",,\ "IJ,,' , r-'I () ~ -n :-::! ~ ~ ~ ~,i,'\ ;J2 ~ ;::~ --~, \'.: \' , t C;'\ -' '" -0 C- IS, ;, ) ...c ,-r1 (~ :' <,r, r v" is -~) C::.J ~.....:: GLENN HARLAN PLAINTiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-540 CIVIL ACTION LA W BARBARA A. HARLAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, ____!'ridlll', April 07, 200~_~_,__, 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___,_'lth__Floor,,<::umberland County Courthouse, Carlisle on __,__,.!l1.urslill~,MaYJl4,2006__,____ al}:3!_AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 pennanent order. The court hereby directs the pllrties to furnish any and all existing Protection from Abuse orders, Special Relief orders, llnd Custody orders to the conciliator 48 hours prior to scheduled hellring. FOR THE COURT. By: Isl {acqueline M. Verney. Ese;. Custody Conciliator tft}! The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabil!tes Act of 1990. For information about accessible facilities and reasonable accommodations available 10 disabled individuals having business belore the court, please contact our office. All arrangements must be made alleast72 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OEFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedtl1rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ---=~"""-:::>~ f-t~? ~, ~, ~t;? . - ;...,..;. ~- . ' , r~~"' c'- ~.- ' ----~ ~ MAY 1 8 2006 r GLENN HARLAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-540 CIVIL ACTION - LAW BARBARA A. HARLAN, Defendant . IN CUSTODY ORDER OF COURT AND NOW, this ----1..1lL day of VIA -' ~ ' 2006, upon consideration of the attached Custody Conciliation Re ort, It IS ordered and dIrected as follows: 1. The prior Orders of Court dated March 6, 2003 and June 19, 2003 are hereby vacated. 2. The Father, Glenn Harlan and the Mother, Barbara A. Harlan, shall have shared legal custody of Matthew A. Harlan, born December 11, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. In this regard, Mother may schedule the child's medical, dental and eye appointments but only when Father is available to attend. 3, The parents shall have shared physical custody of the child on the following schedule: A. During the school year: 1. Father shall have primary physical custody. ~ f- I..US: fi~2 ~~~t::-:: ','0 C:!cr;:. Ci)Ct... dw u..F u.. o o N N :c 0.. .,... 1- Z -::> ;.=.~~ ."=:;; :t::::.J '-'">- (l) -;7 ,ld} WJ 0- "'" 4_ ::::J Q N N >- o<:t :IC '-'" = = "" 2. Mother shall have periods of partial physical custody on alternating weekends from Friday, after school, to Monday morning. In the event that a Monday school holiday coincides with Mother's weekend, she shall have custody until Tuesday morning. Mother shall be responsible for all transportation and shall assure that the child arrives at school on time. B. During the summer: 1. Mother shall have primary physical custody of the child beginning the first Friday after school recesses, (except this year, when the child will be transferred on June 4, 2006,) until the Friday before school starts. 2. Father shall have alternating weekends from Friday at 6:00 p.m. to Sunday at 6:30 p.m. The receiving party shall transport. 3. Father shall be entitled to a 14 day period of physical custody inclusive of his weekends. 4. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day. Father shall have physical custody of the Child on Father's Day, both at times agreed by the parties. B. The Thanksgiving holiday shall be from when school recesses to the day school resumes. The parties shall alternate Thanksgiving with Father having odd numbered years and Mother having even numbered years. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall run from the day school recesses to Christmas Day at 10:00 a.m. Block B shall run from Christmas Day at 10:00 a.m. to 10:00 a.m. December 31. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. D. New Years EveINew Year's Day shall be divided into two Blocks, Block A shall be from 10:00 a.m. on December 31 to January 1 at 10:00 a.m. and Block B shall be from January 1 at 10:00 a.m. to January 2 at 10:00 a.m. The New Year's schedule shall be opposite of the Christmas schedule. E. The Easter holiday shall be from the day school recesses to the day school resumes. The parties shall alternate Easter with Father having odd numbered years and Mother having even numbered years. F. Memorial Day shall be alternated with Mother having odd numbered years and Father having even numbered years. In the event that the holiday coincides with Mother's weekend, she shall have custody until Tuesday morning when she would transport the child to school. G. July 4th shall be alternated with Father having odd numbered years and Mother having even numbered years. H. Labor Day shall be alternated with Mother having odd numbered years and Father having even numbered years. In the event that the holiday coincides with Mother's weekend, she shall have custody ofthe child until Tuesday morning when she would transport the child to school. 5. So long as it does not interfere with Father's plans, Mother shall have physical custody of the child on the following Catholic holy days to take the child to church: A. Sept 21, Feast ofSt. Matthew. B. All Saints Day. C. Immaculate Conception. D. Assumption. E. Ascension. F. Easter. 6. 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. BY THE COURT, L!J~ 1. cc~on J. Neuharth, Esquire, Counsel for Father ..M"arylou Matas, Esquire, Counsel for Mother " GLENN HARLAN, PlaintiffJPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-540 CIVIL ACTION - LAW BARBARA A. HARLAN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley OIer, Jr., 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew A. Harlan December 11, 1991 Father 2. A Conciliation Conference was held in this matter on May 16, 2006, with the following in attendance: The Father, Glenn Harlan, with his counsel, Aaron J. Neuharth, Esquire, and the Mother, Barbara A. Harlan, with her counsel, Marylou Matas, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated March 6, 2003 and June 19,2003 providing for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. s--- 0- ()& Date ~ ;t1.~, q ine M. Verney, EsqUIre Custody Conciliator