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HomeMy WebLinkAbout98-02474 '\ It ~ .... ~ ~ ~ \. U ~ ;; ~ ~ :.,) ! .,1 j \- J, ! ")... l' ~1 ~, 'I ~I ~! I . , ~I CHASTITY H. F~ENCH BUCHER 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 V. 1 I 1 MARK A. HARTMAlI 1 NO. 98-2474 CIVIL TERM ORDlflLOF COURT AND NOW, thls 1st day of MAY, 1998, upon consideration of the attached complaint, it is hereby ordered and dirocted as follows 1 1. Neither party shall remove the mi.nor child from the jurisdiction of the Cumberland County Court of Common pleas pending further Order of Court. 2. A hearing on the conti.nuation or modificati.on of this temporary order shall be held on Friday, May 15, 1998, at 8130 a.m. in Courtroom jI 1. 3. This temporary order shall remain in effect pending further Order of Court. By the Court, U~ Riohard C. Gaffney, Esquire For the Plaintiff Isld Coplf.S f'Y':;zdccl ~11/9P ;l,0Cl r/Ls,c..Ja {{y 91U..u .. Bucher who resides with the Plaintiff at 92 Cold springs Road, Carlisle, Pennsylvania, 7. The father 01' the chi.1d is Mark A. Hartman/ whose mailing address is as set forth above. He is single. B. The relationship of the Plaintiff to the child is that of mother. she currently resides with the following persons: Name Relationship to Plaintiff Summer Elaine Hartman Daughter (age 5) Ritch Bucher Husband Brianna Marie Petrosky Daughter (age 4) Sky1yn Bucher Daughter (age 10 months) 9. The relationship of the Defendant to the child is that of father. He currently resides with his girlfriend, Amy Labutka. 10. The child has resided with the Plaintiff her entire life. The child also currently resides with her two younger siblings. 11. The child desires to remain in the custody of the Plaintiff. The child also desires to continue residing with her siblings. 12. The Defendant is employed as a bartender and works irregular and late hours. 13. Based on her personal experience with and observations of Defendant, the Plaintiff believes and avers that the Defendant makes frequent and excessive use of. alcohol and recreational drugs. 14. During the last time that Defendant exercised partial custody of the child (March 199B), the Defendant was passed out during the afternoon, leaving the minor child unsupervised. 15. The Plaintiff believes and avers that there is a threat of immediate harm to the minor child's health and safety whenever the Defendant exercises partial custody. 16. During times when the Defendant has exercised partial custody of the child the Defendant has removed the child from the Commonwealth of Pennsylvania. 17. The Plaintiff believes and avers, based upon statements made to the Plaintiff by the Defendant and members of the Defendant's family, that there is an immediate danger that the Defendant will remove the child from this jurisdiction. lB. Plaintiff has not participated as a party or witness in other litigation concerning the custody of the child. 19. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 20. Plaintiff dOBS not know of a person not a party to this proceedi.ng who has physical custody of the child or clai.ms to have custody or visitation rights with respect to either child. 21. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff has served as the primary nurturing parent for all of the child's life, because this is consistent with the wishes of the child, and because the child currently resides with her sibling. >- co C Ir: ."" ';;( .. G t" (~J . ~1 ~" : 1".,' ,.". 8" ...... _ '"j'- (,~,~ (~L, " Cl C:1{, c' , l.Ul.l, , , _..ILI < r< , 0.:' n. , : , ',1 ;..~ ...,,( " ~. cr.> :~) -) (/, (.I :r-', a ~~ t:l: ..... ...... & . ~ -e.,. I , , ~ ~ -J ~, ~J ~ (.k; 'II.., 'I r, :l 'f1 'I OL~,<('T"... CUSTODY AGREt:MI!~NT ow. This Custody Agreement (" Agreement") is made as of this _ lL,\ .__ day of May, 1998, by and belween Chastity H, French Bucher, who resides at 92 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Mark A. Hartman, who resides at 904 Ridge Alley, Manorvillo. Armstrong County, Pennsylvania (hereinafter referred to as "Father") (the parties collectively referred to hereinafter as "Parents"), WHEREAS, the Parents have given considerable thought to the question of custody of their minor child and the manner in which the child's interests may best be served; and WHEREAS, the Parents have concluded that it is in the best interests of the child that they continue 10 have the broadest and most meaningful contact with both Parents, NOW, THEREFORE, in furtherance of those interests, the Parenls agree to share both legal and physical custody of the child according to the terms of this Agreement. I, Legal custody oflhe minor child, Summer Elaine Hartman, age 5, shall be shared equally by the Parents, In the exercise of this shared legal custody, the consent and approval of , both Parents is required for major decisions involving the welfare oflhe child including: (a) The selection ofany professional child care facility or provider; (b) The selection of any secondary and post-secondary school which the child may altend; (c) The seleclion of religion, church membership, or any program of religious training; and (d) The provision of non-emergency health care, 2. The Parents agree to the following custody schedule: (a) The Parents agree lhalthe ohild will allend 80hool ill Cumberland Counly and will reside with Mother. (b) Beginning with the first weekend of June 1998, being oonsidered as Father's weekend, Father shall have plUtial ouslody of the child on 100 ftrsl full weokend of each month from Friday evening at 7;00 P,M, until Sunday evening at 5;00 P,M.; in addition, beginning with the third weekend of Juno 1998, Father shall have partial custody of the child during even numbered months (these being, February, April, June, August, October and December) fromS.aturday morning al 9:00 A.M. to Sunday evening at 5;00 P,M,; provided, however, thai during weekends when Father would otherwise be entitled to partial custody but is, for any reason, not able to exercise his righlto partial custody, Mother shall retain custody of the child, (0) Father shall each be entitled 10 ten (10) consecutive days per month of vacation with the child during Ihe child's Summer break from school during the months of June, July and August; provided, however, that no two ten-day periods may be taken consecutively (for example, Father can nol combine the last ten days of one month with the ftrst ten days of the following month); and provided further that Father may nol take vacation time during any period of time within which Mother has custody of the child for a Holiday, as deftned below in section 2(d), Father must provide wrillen notice to Mother no later than April I of each year of Ihe ten- day periods during which such vacation is planned; except that, for the calendar year 1998, the notice deadline shall be June I, 1998, and Father's vacation periods shall not commence prior 10 July 12, 1998, (d) Mother and Father shall share custody of the child during holidays as follows; (I) Thanksgiving shall always be with Mother, (2) Chrislmas Eve (December 24) and Christmas Day (December 25) shall always be with Mother, -Page 2- Provided further, thai when Father has the ohlld tor the Independence Day (Fourth of July) holiday, and Independence Day (Fourth of July) of that year falls on a: Friday, Father will exercise partial cuslody from Thursday al 7:00 P,M, (Mother to Iransport the child to Bedford) until Sunday at 5:00 P,M, (Father to transport the child to Bedford); Saturday, Father will exeroise partial custody from Friday at 7:00 P,M, (Molher to transport the child to Bedford) until Sunday at 5:00 P,M, (Father to transport the child to Bedford); Sunday, Father will exercise partial custody from Friday at 7:00 P,M, (Mother to transport the child to Bedford) until Sunday at 5:00 P,M, (Father 10 transport the child to Bedford); Monday, Father will exercise partial custody from Friday at 7:00 P,M, (Mother to transp0l1 the child to Bedford) until Monday at 5:00 P,M, (Father to transport the child to Bedford); Tuesday, Wednesday or Thursday, Father will exercise partial custody in conjunction with his tirst weekend of the month period of partial custody in a manner such that Father has an extended wr,ekend with the child, provided, however, that in no event will Father exercise partial custody for a period in excess of four (4) days, (e) Should Father be unllble to exercise partial cuslody on any particular occasion, Father shall notifY Mother in a reasonable amount of time before the time of partial cuslody, Any inability or other failure to exercise partial custody shall not be considered a waiver of any rights to partial custody as sel forth in this Agreement. However, should Father fail to exercise partial custody rights for Iwo consecutive months during any period aulhorized in this schedule, Father shall not be pennlued -Page 4- to resume exeroising partial ouslody rights ugain unless and unlil Father provides 10 Mother written notioe of his intention to resume exercising such rights. In the absence ofthis notice, Mother shall not be obligated 10 permit Ihe exercise of partial custody, (I) 11 is agreed by the Parents Ihallhey will discuss and cooperale on matters peliaining to the child's health, education and general welfare, acknowledging that the general well-being of the child is of paramounlimportance, In all matters relating 10 Ihe basic decisions concerning the residen~1e, education, discipline and other aspects of the welfare of Ihe child, both Parenls shall consult and confer with a view to the Parents cooperating to adopt and follow a harmonious policy toward the upbringing and welfare of their child, (g) The Parents agree Ihat neither will in any way interfere with the maintenance of the love and atTection belween the child and the other Parent. Neither will do anything 10 obstrucl reasonable communication between Ihe child and the other Parent by letter, lelephone, electronic mail or other method, Neither will ever speak negatively about the other, either to or in franl of the child, Ralher, each will at all times encourage the development and continuation of a caring parental relationship belween the child and the Parent, (h) The Parenls agree that Mother is entitled to claim the dependency exemption for Summer Elaine Hartman under Seclion 151 and 152 of the Internal Revenue Code on her tax returns for alllaxllble years commencing wilh the taxable year 1994, (I) The Parents may not use the child as a messenger. The Parents agree to find an alternative source of communication other Ihan communicaling messages through the child, (j) Neither Parent will consume alcoholic beverages in Ihe presence of the child, nor wlll either Pllrenl make use of Ilon-prescriplion drugs or recreational drugs, nor -Page 5- will either Parent permit the child to be present in 01' at any establishment that primarily serves alcoholic beverages, (k) Unless otherwise agreed to by Father and Mother, when Falher is responsible for providing transportation of Ihe child, Father will personally provide such transp0l1ation and when Mother is responsible for transportation of the child, Mother will personally provide such transportation, (I) At the beginning of any period of partial custody for the Falher's firsl weekend of each month, Mother will be responsible for providing transportation of the child to the Burger King restaurant located immediately off of the Pennsylvania Turnpike's Bedford Exit (Exit 11), or 10 another centrally located and mutually agreeable location, by 7:00 P,M, on Friday evening; Father will be responsible for providing transportation of the child rrom that point, (2) At the conclusion of llny period of partial custody for the Father's first weekend of each month, Father will be responsible for providing transportation of the child to the Burger King reslaurantlocated immediately off of the Pennsylvania Turnpike's Bedford Exil (Exit 11), or to another centrally located and mUlually agreeable location, by 5:00 P,M, on Sunday evening; Mother will be responsible for transporting the child rrom that point, (3) At the beginning ofany period of partial cuslody for the Father's third weekend oflhe month (during even numbered months), Mother will make Ihe child available to Father at her residence by 9:00 A.M, on Saturday morning; Father will be responsible for providing transportation of the child rrom that point, (4) At the conclusion of any period of partial custody for the Father's third weekend of the month (during even numbered months), Father will be -Page 6- P,ll",wflrm 1(l1I.nu\A~eln".II"It1,"todY..AKl2,w"d .Page Q. tot >- ('I ,;.... ex: (;: t- ~) ,,, . tin .,. 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