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HomeMy WebLinkAbout01-2464 FX >.0'_--;, , :'-1'--.--,-. ,.-, '",'-"- _j~ c ,- - c';, .". ~"_ -, -. . . , , MATTHEW E, HARTMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 01-2464 CIVIL ACTION LAW STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE Defendant IN CUSTODY ORDER OF COURT AND NOW, this J-J.,.,,) day of ~ , 2004, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1, A hearing is sChe~e in Courtroom No, r ofthe Cumberland County Courthou~ l.- on the d ,~ dayof 'Y- ..~ ,2005, at winch tune lesumonywlll betaken,D"r .tIQ~. For purposes of the hearing, e Mother, Stephanie M, Hartman, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or a party pro se shall submit a memorandum to the Court and opposing counsel 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, 2, Pending the hearing and further Order of Court, the prior Order of this Court dated December 10, 2002 shall be suspended and replaced with this Order. 3, The Mother, Stephanie M, Hartman, and the Father, Matthew E, Hartman, shall have shared legal custody of Damion M, Hartman, born November 23,1998, and Matthew E, Hartman, Jr., born September 14, 2000, 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information, ~.~ . 4, The Mother shall have primary physical custody of the Children, 5, The Father shall have partial physical custody of the Children on the two days per week when the Father is off work upon providing at least 24 hours advance notice to the Mother, The Mother shall cooperate and make reasonable arrangements to accommodate the Father's work schedule, Unless otherwise agreed between the parties, the Father's periods of custody under this provision shall end at 7:00 p,m, ~~ -",. , _ - ~-, ,'- ;',k...r,-< .'~ "r~".' ",'-, ~~,.t,i -( .. ~, 6. The parties shall share having custody ofthe Children over the Christmas holiday in 2004 as follows: The Mother shall have custody of the Children from December 24th through Christmas Day at 12:00 noon, the Father shall have custody from Christmas Day at 12:00 noon through December 31 st at 12:00 noon, and the Mother shall have custody from December 31st at 12:00 noon through the remainder ofthe Children's holiday school break, 7, The Mother shall reimburse the Father in the amount of$10,OO per week as a contribution toward transportation costs during weeks when the Father makes at least two trips to pick up the Children or drop them off at the Mother's residence, 8. The parties shall communicate directly concerning issues affecting the Children and shall ensure that third parties do not interfere with or add conflict to the parties' communications or custody arrangements. 9, The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Edward E. Guido J. cc: ~tthew E, Hartman, Father ~ca Diamondstone, Esquire - Counsel for Mother ...-:JOhn and Rhoda Guttie, Defendant Paternal step-grandparents ;> ~ / :;.. . :I~.() I i I : :- ' ~1ti'~~~iilIlb<:f!w.~~tt4l~~~~1ll>ltli~~M1h~hli-e._~-1-r"h- -Jij. 20 ~n~:z '''''--. ','" ,,~,=~~~ ~-~"' ~".~ ,"<--'-,~-'-- '"'-~<~'-"'~ < -<=, ~,,-"--,,',--'-""- ",",-. ,-~ ". ~, -~ ' - " , ,",-,,' ,~ '-'--'''~1If. " ~ . '-" . ,- . , ~ . , .." . --', I I I >, " ;.; ',1_., ",,; , '.c..... _' ~," d','- " ~ ,~ - ,. ,. "I' -'~Jllli.~! f . oee 1 7 2004 jI t . MATTHEW E. HARTMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, 01-2464 CNIL ACTION LAW STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE Defendant IN CUSTODY Prior Judge: Edward E, Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion M, Hartman Matthew E, Hartman, Jr. November 23, 1998 September 14, 2000 Mother Mother 2, A conciliation was held on December 8, 2004, with the following individuals in attendance: The Father, Matthew E. Hartman, who was not represented by counsel at the conference, the Mother, Stephanie M, Hartman, with her counsel, Jessica Diamondstone, Esquire, and the paternal Step- Grandparent, Rhoda Guttie, who is not represented by counsel. 3, This Court previously entered an Order on December 10, 2002 under which the Father had primary physical custody of the Children and the Mother had partial custody on alternating weekends. At the time of the Father's incarceration in November 2003 primary custody was transferred to the Mother by agreement between the parties, although it is disputed as to the intended duration of the change in custody, At the time of the conference, the Children continued to reside in the Mother's residence, The Mother filed this Petition for Modification of the December 10,2002 Order seeking to formalize the existing arrangements under which the Children are in her primary care, The Father opposed the Mother's request, sought to obtain immediate primary custody of the Children in accordance with the December 10, 2002 Order and requested that a hearing be scheduled, As the parties were unable to reach an agreement at the conference, it will be necessary to schedule a hearing, ~~- - " ,,'," ~ ,::~ ',C, _ _I', _ "'~'- ~. t . It should be noted that the Father requests an expedited hearing due to his concerns regarding the Mother's failure to provide adequate care for the Children while in her custody, 4, The Mother's position on custody is as follows: The Mother believes it would be in the Children's best interests to continue to reside in her primary care, The Mother stated that she has had custody of the Children since the Father's incarceration in November 2003, The Mother stated that since the Father's release from prison in January 2004, the Father has only expressed occasional interest in spending time with the Children, According to the Mother, the Father advised her that he had no place for the Children to stay, Also according to the Mother, the Father has had only one overnight since 2003 and sporadic periods of custody of a few hours at a time, The Mother indicated that the paternal grandmother with whom the Father was residing advised her that she was unable to continue taking care of the Children in her household. The Mother enrolled the parties' oldest son in kindergarten in the Harrisburg School District at the beginning of the 2004-2005 school year and feels that it would be disruptive to both Children to uproot them from her home where they have been residing for the past year, The Mother believes the Children have formed a bond with the Mother's boyfriend and his two children, who also have been residing in the house, 5. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to reinstitute the December 2002 Order under which he had primary custody prior to his incarceration in 2003, The Father stated that he requested that the Mother transfer custody back to him a few months after he was released from prison but the Mother wanted to keep the Children a little longer and he agreed, The Father indicated that he currently resides in a three bedroom trailer with his fiancee and their daughter, which would provide adequate room for the Children. The Father does not believe the Mother is providing adequate care for the Children, including medical and dental care (disputed by Mother), The Father expressed concern that the Mother has no means of transportation while she has the Children, as well as her boyfriend's children, in the residence during the day, The Father also expressed concern regarding interference by the Mother's boyfriend in the custody situation which has escalated the conflict. The Father argued that the December 2002 Order, under which he had primary custody, should be enforced pending the hearing so that the Father could enroll Damion in kindergarten in the Father's school district. 6, Pending the hearing, which is expected to require at least one-half to one full day, the conciliator recommends an Order in the form as attached, It should be noted that with the exception of the holiday custody provision and transportation expense reimbursement provision which reflect the agreement of the parties, the remainder of the attached proposed Order is the recommendation of the conciliator over the strong objection of the Father. The recommended temporary arrangements pending hearing are based upon the fact that Damion has been enrolled in kindergarten in the Mother's school district since the beginning of the 2004-2005 school year and are intended to prevent the potential for two changes in schools through final resolution of the custody issues, The recommended Order is also based on the fact that both parties acknowledge that the custodial arrangements in the December 2002 Order were changed, at least initially, by agreement so that the Mother would assume custody at the time the Father was incarcerated, M~- ~ ~ Dawn S, Sunday, Esquire Custody Conciliator (kr~4 Date I' doo<l , .;&~- "'W~~~~1fil,;tll!fuWim'!fJi;;i.uilli?'<llllJM~_~~iii:-;mfiMj~;'.~""-lIilr"""""'~'~"'-- ~ ;;:,J~c,_,~-]~_JJ.JJlLo ~_"]J _"_."~__'."_'''',__-. _',U ""~____ 'J._ _.""f-_~ "__",_/",,~__O(,, __ ,,~_, ,~~ ., ~ "' ~','- '" ~ , ~ .- "->- - "~'. :I , t '" -" tl - ,1...1_" ~ - ~ ~ ~;W;"' ~ "'')i;I;-; STUDENT WITHDRAWAL FORM Student Name: DAM ION HARTMAN 8/31/04 ( date) to transfer to: Camp Hill School District Schaeffer Elementary School 2900 Walnut SI. Camp Hill,PA 17011 Ph, (717) 901-2550 Fax(7l7) 901-2594 Birthdate)1/23/98 Age: 5 Grade: k Student will be withdrawing from Camp Hill School District on District anRRIsoURC 5CRO~T nT~~RT~T Address School Phone City, State, Zip Student will present this form to the person representing each area listed below, Staff member initials indicate that all obligations have been met: SUBJECT TEACHER GRADE AT TEXTBOOKS INITIALS I WID DATE RETURNED (YIN) ! , HOMEROOM GUIDANCE ATHLETIC DEPT LIBRARY OTHER Staff signature: ~~ ParenUGuardian withdrawing student: STAPHANIE NACE Title: fJr/nc 10"'/ I Date: ., /z./o f I " Signature: N/A Date: (Please print) For Staff Use Only: Excused Absences: Unexcused Absences: Tardies: Average Daily Membership: Average Daily Attendance: Withdrawal Reason: Code: W Rev. 3/03 NOTES: SUMMER WITHDRAWAL PER PHONE CALL FROM MOM PLAINTIFFS EXHIBIT ;7-:. l-d~OS ~ I....' 1" fll (IU:.i4Utlf HI:H~ ~'vHVVL UIO I U..;J.L'J_LL 10'-111. V17~V' ~.cVV'" 1/llflIOlllflt/lt,/..r..... \\\\1 0\. lJ [.S ':~/r /"~~O I'h}"o ~ u 'r (l-::.. {"" - .....~ ::: ' " ~ ~ 9 : ""I':J-':~.'_ @I ~ ~>;:. ~-I;'-: " '1 I _:: ~~ 7:.w; ,....rllltd/-"", .q,.,,' ::'7' "'~~. ~ l /-;....-~E(ISB lJ)?.u,/ ...........""/N//NNI/f11il HARRISBURG SCHOOL DISTRICT %101 North frIUIt Street BI... .1. BarrilbarL PA 17110-1081' (717) 703-4OOlI 0 FAX'(717) 703-4087 CONSENT FOR MUTUAL EXCHANGE OF RECORDSIRELEASE OF INFORMATION \Y1ff\\Of\ \-\o.r~o.n Studcllt'. Name '-1I-~~-q~ DOB I I1ImbY IIIItIIorile lIIe _tau ucIwlge of record. reprdiDll tbe abowe _d cllild lletweeD 1M BarriIIJurg ScIIo8I ~ .. lIIe IdJooI cIlICrids or ageacies IiIced 1IeIow. Tile iafCll'lllatiolt __..d wiI.1 be- .... eo-. dcoeIop a belld'1CiaI pIaD of ~ ud wiD be ...biecl eo the lawIIedaics of cmdideatiaIity. TIle records may iIIcIudc educatiOllal, metIicaI. psycbialric, ~ diJdpliae ..._ia1 are. &3cha.e:Wer f".\C?menh),CLI School N.... Of Last Scbool Auended :11 00' Wa.lau.t 3h...@\ Or..fY'I(> blJLYA J l()Jj AddrelllCilylSlatcIZIP Cll1J .912J - :25&5 0 Tdepbone (1/7 ) ~I - 2..5'i Cj Fax Academic reeo~s. ~ca1 records. ~s.,;n1ine records. snecial education records (if malicable) TYPE OF INFORMATION REQUESTED I] Iball am l~l or legal guardian of lbe above named child: '{tf;(!f. ~ ~~04 'gaata Dale The above requesled informalion sbould be mailed or fased to lb. address or fas number listed on thiJ form. Or 10: ~" ,', ""-r ~""~'~""""~ < ,. -- /1 If {034Q1j{ Hl::Hj ~IvHVUL UIO I. DATE SEND TO: ATTENTION: ~ , ~ - ". " "",-,""l~-'::i'irt'iIW[i!lIll!I'~".; . , U.....L...I.. !-I.IIl. U1:I'-UI-LVV" , ,< HARRISBURG SCHOOL DISTRICT 2101 North Front Street, Bldg. 112 Harrisburg, PA 17110-1081 (717) 703-4008 Fax: (717) 703-4087 FAX TRANS MITT At MJ:MO q-I- Oej 5 C/w. e .('.fer E/ fu>? ",fi/:2r Compa.)' - School Diltrict - BUlin_ - elc. I2ff JJ ,.1.5 Name of person receiving FAX FROM: LUZLA~~O . . .' Your name / PUPIL SERVICES Your om<< TELEPHONE: (717) 7 D < - l../ofo l.f Your office telephone number COMMENTS:Elfuy) fu..~ ~ ~~~ /lJllm~LJ)} 5S.i:/::-", t'JJV/J (3.1/l-:t) , PLAif"~ 'f/) (rT( It- t-'- { . TOTAL Number of pqes trans milled - INCLUDING THIS PAGE :+ THIS INFORMATION IS BEING TRANSMITTED TO: q D I - J,,-q if (AC) FAX NUMBER _ Student Name: d " ~ ~ l-oI..,c --~~ Camp Bill School District Student Services Summary HARTMAN. DAMION services Received: (Indicate school year that service was performed. Check all that apply.) Instructional Support Specialized Health Services Remedial Reading Support Multi Disciplinary Evaluation Individual Psychological Ev~luatio~ Learning Support Gifted Support Speech~nquage Support Itinerant Emotional Support English as a Second Language Enrichment Screening occupational Therapy Evaluation and/or Services Physical Therapy Evaluation and/or Services Auditory Evaluation and/or services Visual Evaluation and/or Services Physical Handicapped Services CASSP Team Services Wrap Around Services (List agencies below.) Other Services As Noted Below: This form is to be completed annually by the homeroom teacher (K-6) or the student's counselor (7th & 8th grade) and filed in the student's cumulative folder. .-............-,.,........ """'--"'---...~=-~.., o CAMP HLLL SCHOOL. DISTRICT .Parent/Guardian Conference Log HARTMAN, DAMION Student Initiated By (Teacner/Parent) Purpose/Outcome ---------------------~~------------------------------------ DATE P"rsons Present .------------------------ --------------~------------------------~--------~--------------------------~--~--------- ----------------------------------~----------------------~---~--~----------~---~---- _________~___w_________~J~~~_______________~_________________________________________ - '. . . . ----~~~~----------------~-----------------------~~--------------------------------------- ---------------------~---------------------------------------------~------------------- . . ----------~-----~~------~-~~~~~--~-~-~----~-~-~~~~~--~---------;-------------------- ---------------------------------------------------------~~------------------------------- (Completed forms are to be kept in th". student's cumulative file folder.) .. --'~-..,---,~~-~~--. --~ -......_----~._-~_._~_.._-~-~ " ~ ~~ CAMP HILL SCHOOL DISTRICT HOME LANGUAGE SURVEY (REQUIREMENT OF THE OFFICE FOR CIVIL RIGHTS) Student's Name: Da.l>'\:....J J.J"Atna.J Date of Birth: IJaJ'm'r,.,r :n \9'l~ Age: S- I Grade:_k Parent or Guardian's Name: (viP+\- \.\"c\..-v..-J Address: "'o~ ~:"'0\'" 3a...t9 ".J. Home Phone Number: '>0'>- \100-l Work Phone Number:\in -loCI)" L Is the student's first-learned or home language anything other than English? _ Yes \/'No . If yes, please respond to the following questions: 2. What is the student's country of origin? 3, Which language did your son/daughter learn when he/she first began to talk? 4. What language does your son/daughter most frequently u::.e at horne? 5, What language does your child read? 6. What language does your child write? 7, What language do you most frequently speak to your son/daughter? (Father) (Mother) 8, What is the language most frequently spoken at home? 9. What language(s) has your child studied in school? 10. Please describe the language understood by your child, '(Check only one) A.__ Understands only the home language and no English. B,_ Understands mostly the home language and some English. c._ Understands the home language and English equally. D._ Understands mostly English and some of the home language, E,_ Understands only English. nreh ;)L/ J aooi Date --~_.,~ ~ l ~~",. - ., . ~ 'l -.-_, ,__.__, .- ';;f-~i CAMP HILL SCHOOL DISTRICT Student Registration Student's Social Security Number: \'60 - '1'is Student's Last Name:.l:kr\.r<\C>..J Home Address: 50:) ~<,,,)~h 31 bLlJ -sl - ~"<\I Date Of Birth: \I /;1!J /'1'(, I I First: \')"",:e,.j Middle: }VI: l h.. \ Home Phone: 111-2>O:'-\I..O~ Sex (circle) Male Female Student Resides With (circle) A Aunt AP Adoptive Parents B Brother F Father FP Fo&erParerns. FSM Father/~ep-Mother G Grand~rerns GO Guardian GF Grandfather Other Father's NamefJr>. -#- 1-1d1'nfuJ ~r Occupation: Ill"'/>-i'I's Employer \)P..1I>-1'I'5 Work Phone: 10')1-10011 Home Address: :)0::'- 5"Ah 'DotI Sf-,-- Home Phone: '10'1 - 11.0'1 Mother's Name: ':)\..p 'h~...;. A/loe.e Occupation: N /4 Employer N / J!J Work Phone: N 111 Home Address: _W/).:{'{';o;, \,,,~ Home Phone: :130 - rs- L{ 5 \ Please check if separate mailings are requested .,/' Brotherslsistl!tS enrolled in Camp Hill School District (please give name, grade & DOB) Name Grade DOB Name Grade DOB Name Grade DOB GM Grandmother M Mother MSF Mother/Step-Father P Parents S Si&er Self 18-0n Own SF Step-Father SM Step-Mother U Uncle *Ethnic Code (Circle) 1 American Indian/Alaskan 2 AsianlPacific Islander 3 African American 4 Hispanic 5 Caucasian 6 Multi-Racial *For State reporting purposes only. Name and complete address of school previously attended: Grade: FOR OFFICE USE ONLY: AsSignedt~J^4'hhlf}~ Grade: ~./OS- Starting Date: q J I / () 1./ Date Reg: b b q /;" By:J)f/) . I Records Req. --. Rec: - - ., i , " >I ~- - ^. " t ~ _ ,- ^~""""""'r__:~ Serving Cumberland, Dauphin, Perry and Northern York Counties School Programs & Services. 55 Miller Street. P.O, Box 489. Summerdale, PA 17093.0489 (717) 732-8400 . FAX (717) 732-8425 . TOO (717) 732-8422 EVALUATION REPORT [gJ Initial Evaluation (Complete all following components excluding "Reevaluation Only" section) D Reevaluation (Complete I, II, and proceed to the section titled "Reevaluation Only,") Complete all other components only if additional data is determined as needed under the Reevaluation component.) I. DEMOGRAPHICS DATE: Permission to Evaluate or Reevaluate Sent (if added data is needed): DATE: Permission to Evaluate or Reevaluate Received (if added data is needed): DATE: Evaluation Report Completed DATE: Evaluation Report Presented to Parents: October 15, 2004 October 22, 2004 October 29, 2004 November 3, 2004 CHILD'S NAME: CHILD'S ADDRESS: Matthew Hartman 2234 4th Street Harrisburg, PA 17110 230-8545 Steph Hartman 09-14-00 160-80-4332 Harrisburg INTERMEDIATE UNIT STAFF IN CHARGE OF COORDINATING THIS REPORT: Jacquelyn Sharpe TELEPHONE #: PARENT(S) NAME: DOB: STUDENT #: SCHOOL DISTRICT: II. REASON FOR REFERRAL: Matthew Hartman, age 4 years 0 months, was referred to the CAIU Preschool Program by his mother to determine eligibility for Early Intervention services under Department of Education Guidelines, Primary concerns are Speech and Language development III. EARLY INTERVENTION HISTORY (i.e.. brIef account of relevant DrOgrams and services): Matthew has not received early intervention services, IV. INFORMATION FROM THE FAMILY (Parents or other Dersons with whom the child lives): A. Child's Strengths and Needs: Includes Dhvsical condition. and anv health considerations. vision and hearing status. cultural Dreferences arid lanauaae considerations. and self-helD skills. Matthew was accompanied to the evaluation by his mother who provided the medical and developmental information reported here, Also in attendance were Matthew's paternal grandmother and younger sister, Diagnosis: None Primary Medical Provider: Dr, Jodi Ross (Hershey) Medical Specialists: None The CAlU... Educational Excellence in The 21st Century It is the CAJU's mission to provide quality programs and services to its member districts and other customers. ~ An Equal Opportunity Employer. PLAINTIFF'S EXHIBIT I-~I-D':) IVlJL- . r~ ~ . ~,'~o.~ "~ i~ ~~I > ~ "'" "" ~. . ,~,~, ,. .d, -, "'-".ii__._," 'j,- '.J1W-nfl'ii-,,' Matthew Hartman Comprehensive Evaluation Report Page: 2 DOE: October 22, 2004 PrenataVBirth History: Ms, Hartman reported that she had a normal, full term pregnancy and that Matthew's health was normal with no problems, She indicated that Matthew was born at full term, Medical History: Matthew has been healthy since birth with the exception of frequent ear infections. At nine months, Matthew was hospitalized due to insufficient weight gain, Ms. Hartman indicated that this was due to the formula that was being used at the time, Family History: Matthew lives at home with his mother and other siblings. The family keeps active doing different activities. No learning, emotional, or medical problems were reported for any of the biological family members, Language(s) spoken in the home: English is the primary language spoken, Cultural considerations: None were reported. Vision: Ms. Hartman indicated that there are no concerns regarding Matthew's vision. Hearing: Ms, Hartman reported that Matthew's hearing has not been assessed but that there are currently no problems regarding his hearing, Daycare/Nursery School: Matthew does not attend any preschool at this time, Develoomental Historv. Current Functionina Levels and Priorities as Reoorted bv ParenV Careaiver(s): Motor: Matthew performed gross and fine motor actions functionally during the assessment. Ms, Hartman stated that Matthew is very clumsy and that the doctor stated that he had flexible ankles, She also reported that Matthew began sitting at 6 months, crawling at 7 months, and walking at 11 months. Self Help: Matthew is able to feed, dress and bathe himself with supervision, He has toileted himself independently since the age of three, Communication: Ms, Hartman statEld that Matthew babbled, She also reported that he drools and uses gestures. Matthew used words at the age of 1, phrases at 2 Y2 yrs" and sentences at 3 yrs, of age, Matthew engages in conversation using sentences that have noticeable sound and grammatical errors, Ms, Hartman stated that Matthew understands most of all what is said to him, She understands him 90% of the time but other family members have much more difficulty understanding Matthew's speech, Peer Interaction: Matthew plays and interacts daily with siblings in the home, Play: Matthew is very friendly and gets along very well with other children, He plays very well by himself when he doesn't have others to play with, Some of his favorite toys include cars, coloring books, and puzzles, Self Regulation/Behavior: Matthew's mother reported that he is very independent and has a pleasant personality, Learning Related to Peers: Matthew is learning within typical age levels except in the use of his verbal language, B. Summary of existina evaluation information. No other evaluations were used to write this report. Matthew was evaluated by Jamie Gordon on August 11, 2004 using The Briaance Preschool Screen and The Fluhartv Preschool Soeech and Lanauaae Screenina Test. Complete report may be found in the CAIU Preschool Central File, C, The familv's Derceived strenaths and needs that will enhance the child's develooment. Ms, Hartman stated that the family engages in multiple activities together on a regular basis, Matthew's family is continually seeking ways to improve his overall development. ~~."";" - ~ ~~~=~~ Matthew Hartman Comprehensive Evaluation Report " ~,.j.f . ,_ ,;,G~*j; Page: 3 DOE: October 22, 2004 V. SUMMARY OF EVALUATION FINOINGS: A. Observations: No additional observations were used to complete this report, B. DeveloDmental Assessment: 1. Test/Assessment Results: Testina Date TesVAssessment Procedures 1 0/22/04 Observation of Behavior and Plav: The child's play skills and behavior in this setting were informally observed, Skills and abilities in these areas are reflected throughout the report, 1 0/22/04 Structured Photoaraohic Exoressive Lanauaae Test-Preschool ISPEL T-P): The SPEL T -P is a screening instrument for children 3-6, Its purpose is to identify those children who may have difficulty in their expression of early developing morphological and syntactic structures. 1 0/22/04 Preschool Lanauaae Scale-4 IPLS-4): The PLS-4 is adiTIinistered to obtain information about a child's overall language functioning in two areas: Auditory Comprehension and Expressive Communication, Auditory Comprehension refers to the child's ability to understand spoken language and Expressive Communication refers to the ability to use spoken language, Arizona Articulation Proficiencv Scale - 3'" Edition lAAPS-IIIl: The AAPS was designed to provide a measure of articulatory proficiency in children aged 1 1/2 through 13 years. The AAPS provides information on the child's level of correct articulation, level of intelligibility and developmental age of articulatory proficiency, Lanauaae Samole: A sample of the child's speech and language is collected to assess overall skills including: grammar and syntax, length of utterance, vocabulary, intelligibility, pragmatic skills (including initiating conversation and maintaining conversation, eye contact, appropriateness of conversation, etc,) and range of communicative intents (e,g, expressing wants and needs, commenting, asking qUl;lstions, etc,), This is done in as naturalistic a setting as possible and in a range of settings where possible. 1 0/22/04 1 0/22/04 Administered bv: (nameloosition/credentials) Jacquelyn Sharpe, SLP Jacquelyn Sharpe, SLP Jacquelyn Sharpe, SLP Jacquelyn Sharpe, SLP Jacquelyn Sharpe, SLP 1111 ;d" ,..,..- ~ .~ - - ~ Ii ~'~-,.." f IrllBJI,;e',i Matthew Hartman Comprehensive Evaluation Report Page: 4 DOE: October 22, 2004 08/11/04 Fluhartv Preschool Soeech and Lanauaae Jamie Gordon, Assessment Screenina Test: The purpose of this Team screening test is to elicit responses from this preschool child that indicate his or her vocabulary, articulation, and receptive and expressive language performance. 08/11/04 Briaance Preschool Screen for 3 and 4 Jamie Gordon, Assessment Year Old Children IBriaance): The Team Brigance is administered to obtain information about a child's overall developmental skills, Areas tested include language skills, motor skills, body awareness, visual discrimination ability and general reasoning skills, CA; 4years 0 months Based on standardized tests a 25% delay would be a standard score of less than 77, PLS-4: Domain: Auditory Comprehension Expressive Communication Standard Score Not administered 94 SPELT-P: Raw Score" 8/25 Cut off Score = 18/25 AAPS-3: Total Score ,,66,0 Standard Score = 78 All evaluations were conducted under standard conditions. , 2. Present Levels of Performance and Educational Needs of the Child includina. but not limited to: Dhvsical develoDment.:coanitiveandsensonr develooment. leamina ~roblems. leamina strenaths. communicationdeveloDment. social and emotionaldeveloDrrient. self- helD skills. and health considerations. Social-Emotional Domain Independence: Matthew engaged in evaluation activities with minimal adult cues and prompts, He manipulated toys and engaged in tasks independently, Self-Regulation: Matthew did not require any adult assistance to remain in his seat. He followed all adult directives presented to him, Attending Skills: Matthew initiated and sustained his attention throughout the evaluation age appropriately, Social Behaviors: Matthew interacted with the evaluator and play objects in an age level manner, He spontaneously shared information and asked questions regarding the play activities, He was ~;iI;"~'~ ""'h~>_,,~_ "1"'~ "~ ~ I"l. ~ C Yi!lllilllllljitF<'" Matthew Hartman Comprehensive Evaluation Report Page: 5 DOE: October 22, 2004 cooperative and polite, Phvsical Domain Gross Motor Skills: Matthew moved about the therapy room without any noticeable difficulties, Fine Motor/Perceptual Motor Skills: Matthew handled the play objects without any difficulties, Sensory Responses: Matthew did not demonstrate any remarkable reactions to the environmental stimuli during his evaluation, Communication Domain Prelinguistic: No concerns were noted in this area. Language Comprehension: This skill area was not an area of concern and consequently was not formally assessed. Matthew demonstrated age level skills in his attending, his ability to respond to a variety of questions, and his ability to follow simple directions, Language Expression: On the PLS-4 Expressive Communication sub scale the average range of scores for this subtest is between 85 and 115. Matthew obtained a standard Matthew correctly responded to test items including the following: where questions, why questions, completed analogies, used qualitative concepts, formulated meaningful, grammatically correct questions in response to picture stimuli, used adjectives to describe objects, described similarities between two objects, and counted objects.., Matthew had difficulty with sentence repetition, he did not correctly use past tense form, and he wasn't able to name up to six items in a category when timed, On the SPEL T -Preschool, Matthew correctly responded to 8 of the 25 test items for his use of grammatical structures, The cut-off score for his age is 16/25, He appropriately used regular plurals, prepositions, and possessives, He did not correctly use pronouns, present progressive verbs, negation, and past tense, Matthew's use of the copular (is/are) is emerging, Articulation: Matthew speaks in sentences ranging from 4-8 words, On the AAPS-3, Matthew obtained a standard score of 78. His sound errors included the following: omissions - final d, t, f, I, and sh; substitutions - initial m/n, g/d, kit, g/j, klsh, b/v, w/l, kif, and w/r. Matthew presented substitutions and reductions for all of the consonant blends (ex. klch, gw/gr, oUst, kist), Most of these sounds are developmental in nature, Matthew's conversational speech is difficult to understand, His tendency to delete some final consonants and reduce consonant blends reduces his clarity even more. Oral Motor Skills: Matthew used his oral structures adequately for speech actions during the evaluation, Pragmatics: Matthew appropriately used simple greetings and courtesies during the evaluation. He initiated, maintained and ended a topic independently, Matthew engaged in conversation for 3-4 exchanges, He used his verbal language to comment, ask and answer questions, and relate remote events, Coanitive Domain Play Level: Matthew is reported to play very well alone at home, Imitation: Matthew has the ability to imitate some simple verbal and non verbal tasks and is continuing to expand and improve his use of sounds when he is speaking, Problem Solving: Matthew put together several puzzles during testing, Recall Skills: Matthew spontaneously shared information about things he likes, Concept Development: During testing Matthew, named a variety of colors and counted simple objects up to ten. He used several location words. Self-HelD Domain Self-Help Skills: Matthew is independent in his feeding, dressing and toileting needs. - '""" " . ~,~. ~~. Matthew Hartman Comprehensive Evaluation Report , "'"""" jil!~- Page: 6 DOE: October 22. 2004 C. Educational needs. areas of delav. skills needed to DarticiDate in aDDroDriate activities. and the extent to which the child can be Involved In aDDroDrlate Dreschoolactlvities: Area(s) of delay: None THINGS THE CHILD IS ABLE TO DO: - Attends independently - Responds to and asks a variety of questions - Follows simple 2 step directions - Demonstrates an understanding of and uses age level vocabulary and concepts - Engages in gross and fine motor activities independently - Demonstrates age level social interactions - Demonstrates representational and imaginative play - Uses some age level sounds age appropriately at the single word levels THINGS THE CHILD IS READY TO WORK ON: - Increase sound clarity at word and connected speech levels - Increase use of age level grammatical structures '-" '-- L.., _ ~,~ '. :-1'&JL!II\iiit:i)li'i~: Matthew Hartman Comprehensive Evaluation Report Page: 7 DOE: October 22, 2004 COMPLETE FOR REEVALUATIONS ONLY 1. Date IEP team reviewed existing evaluation data 2. Information Reviewed: . Existing evaluation data . Evaluations and information provided by the parents . Current classroom based assessments andlor other observations . Observations by teachers and service providers · Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals in the IEP and to participate as appropriate in the general curriculum 3. Conclusion (Select One) o The IEP team determined that no additional data are required. Reason(s) no additional data are required: OR o The IEP Team determined that there is a need for additional data. The early intervention agency shall issue the permission to reevaluate and administer tests and other evaluation materials that may be needed as follows: . Existing evaluation data . Evaluations and information provided by the parents . Current classroom based assessments andlor other observations . Observations by teachers and service providers . Present levels of performance and educational needs . Determination of continued eligibility for special education 4. Upon completion of the reevaluation, the early intervention agency will complete the ER and issue the report to the required members of the evaluation team. ,--~~ .... , 1 ~ ~ .',", ~ ~ I : "-kt~l!i\1;;,:,; Matthew Hartman Comprehensive Evaluation Report Page: 8 DOE: October 22, 2004 VI. CONCLUSIONS l8l A. The child is a "child with a disability" because: Child has a disability, Disability category Soeech/Lanauaae Delav Secondary Disability category (if applicable) _ and Child needs specially designed instruction, Recommendations regarding special education and related services needed to enable the child to meet goals and to participate in appropriate preschool activities: D B, The Child is not a "child with a disability" for the following reason: o Child does not have a disability, or o Child has a disability, but does not need specially designed instruction. D C, The child no longer is eligible for special education, (The parent may request an assessment'to determine whether the child continues to be a child with a disability,) Recommendations for follow-up activities: Matthew is recommended to receive speech and language support for forty-five minutes weekly, ~.".- . - -~- " ..~' ~ .L .J . Matthew Hartman Comprehensive Evaluation Report ."< -.~ "-_ ~~. J-j" .~., c. . . ~ ..~.;,,-; .s.i-.~< Page: 9 DOE: October 22, 2004 VII. 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HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2464 CIVIL TERM STEPHANIE MARIE HARTMAN : and JOHN and RHODA GUTTIE, : Defendants CUSTODY Pre-Hearln!! Memorandum of Defendant Hartman AND NOW, comes the Defendant, Stephanie Hartman, (hereinafter referred to as "Mother") by and through her attorney, Jessica Diamondstone, Esquire, of MidPenn Legal Services, and files the following Pre-Trial Memorandum: 1. Fact Witnesses: Stephanie Hartman - Mother will testify to the current custody situation and the level of interaction that Plaintiff, (hereinafter referred to as "Father"), has had in the children's lives, Mother will also testify about why it is in the children's best interest to remain with her on a primary basis, Mother will testify to her ability to provide for the children's social development, education, medical and daily needs, Additionally, Mother will testify to the negative impact of extended periods of custody with Father and will address the behavioral changes in the children after they return from time with Father, Glenda Fenicle - Mother's Aunt has interacted with the children and Mother since the children were born, She will testify to the positive changes in the children upon returning to live with Mother and the difference in their behavior when the children have been with Father. Ms, Fenicle has provided childcare to assist Mother. Rhoda Guttie - Ms, Guttie is Father's step-grandmother and had physical custody of the children for an extended.period of time. Ms, Guttie can testify to her personal observations of the interaction between Father and the children and will testify to her concerns regarding Father's ability to appropriately parent and provide for the children, Christy Brennan - This witness is Mother's friend and the ex-wife of Mother's fiance, Ms, Brennan sees Mother and the children on a regular basis and can testify to how they interact and Mother's ability to care for the children, Ms, Brennan can testify to the fact that the home is a safe, healthy environment for the children and that the children are well cared for. James Brennan - This witness is Mother's fiance. He will testify to the negative changes in the children's behavior when they return from Father's home, Mr, Brennan will testify to witnessing physical abuse by Father towards Damion and saw bruising on Damion when he returned from Father's home after Christmas 2004, Mr, Brennan helps to care for the children and will testify to the fact that he is willing and able to care and provide for the children as if they were his own, Rebecca Hartman - This witness is Father's sister and resides with Mother, She will testify to her experience living at home with Father and witnessing Father's abusive behavior. Ms, Hartman will also provide testimony regarding Father's living situation upon his release from prison and that he did not request that the children be returned to him because he had no place for them to stay, 2. Expert Witnesses - None 3, History of Custody - A June 19, 2001 Order granted Mother primary physical custody and gave Father periods of partial physical custody, On October 10, 2002, a new Order granted shared physical custody between Father and the paternal step-grandparents, Under that same Order, Mother had periods of partial physical custody. On December 10,2002, a new Order gave Father primary physical custody and granted Mother periods of partial physical custody, In November 2003, Father was incarcerated and Mother had primary physical custody of the children, Upon his release in January 2004, Father moved into his mother's home, Mother has retained primary physical custody of the children since November 2003 and asserts that after he was released from prison, Father never requested that the children be returned to him, 4, Issues for Resolution: Is it in the children's best interests to allow Mother to maintain primary physical custody and allow Father periods of partial physical custody, when Mother has had primary custody since November 2003 and has demonstrated an ongoing ability to provide for the children's physical, emotional, mental, medical, educational and social needs, Suggested Answer: Yes 5, Estimated Length of Trial- Three hours 6, Any Reports from Local Agencies - None 7, Any Reports of Experts Intended to be Called as Witnesses - None .. - " ,.< &. itted, Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ""." ^ ~i' ,"" - -~ -,,~~. - ~", --., . MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2464 CIVIL TERM STEPHANIE MARIE HARTMAN: and JOHN and RHODA GUTTIE, : Defendants CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant, Stephanie Hartman, hereby certify that I have served a copy of the foregoing Pre-Hearing Memorandum on the following date and in the manner indicated below: U.S. First Class Mail. Postal!e Pre-Paid Matthew Hartman 505 South 32nd Street Camp Hill, PA 17011 John and Rhoda Guttie 3912 Ralph Road Harrisburg, P A 17101 MidPenn Legal Services, mc, DateJ 11'o~ essic iamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 -~, . _: n " .--" ," -~" - - .---::..;~ JAN 1 2 Z005 rf' f MATTHEW E. HARTMAN, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2464 CIVIL TERM STEPHANIE MARIE HARTMAN : and JOHN and RHODA GUTTIE,: Defendants CUSTODY Pre-Hearinl! Memorandum of Defendant Hartman AND NOW, comes the Defendant, Stephanie Hartman, (hereinafter referred to as "Mother") by and through her attorney, Jessica Diamondstone, Esquire, of MidPenn Legal Services, and files the following Pre-Trial Memorandum: . 1. Fact Witnesses: Stephanie Hartman - Mother will testify to the current custody situation and the level of interaction that Plaintiff, (hereinafter referred to as "Father"), has had in the children's lives. Mother will also testify about why it is in the children's best interest to remain with her on a primary basis. Mother will testify to her ability to provide for the children's social development, education, medical and daily needs. Additionally, Mother will testify to the negative impact of extended periods of custody with Father and will address the behavioral changes in the children after they return from time with Father. Glenda Fenicle - Mother's Aunt has interacted with the children and Mother since the children were born. She will testify to the positive changes in the children upon returning to live with Mother and the di:f'Ierence in their benavlor wnen the .c1iiJdren have been with Father. Ms. Fenicle has provided childcare to assist Mother. Rhoda Guttie - Ms. Guttie is Father's step-grandmother and had physical custody of the children for an extended period of time. Ms. Guttie can testify to her personal observations of the interaction between Father and the children and will testiry to her concerns regarding Father's ability to appropriately parent and provide for the children. Christy Brennan - This witness is Mother's friend and the ex-wife of Mother's fiance. Ms. Brennan sees Mother and the children on a regular basis and can testify to how they interact and Mother's ability to care for the children. Ms. Brennan can testify to the fact that the home is a safe, healthy environment for the children and that the children are well cared for. 1 ........,......=, ;,"" :; -, ,-; "-"h~1 James Brennan - This witness is Mother's fiance. He will testify to the negative changes in the children's behavior when they return from Father's home. Mr. Brennan will testify to witnessing physical abuse by Father towards Damion and saw bruising on Damion When he returned from Father's home after Christmas 2004. Mr. Brennan helps to care for the children and will testify to the fact that he is willing and able to care and provide for the children as if they were his own. Rebecca Hartman - This witness is Father's sister and resides with Mother. She will testify to her experience living at home with Father and witnessing Father's abusive behavior. Ms. Hartman will also provide testimony regarding Father's living situation upon his release from prison and that he did not request that the children be returned to him because he had no place for them to stay. 2. Expert Witnesses - None 3. History of Custody - A June 19, 200 I Order granted Mother primary physical custody and gave Father periods of partial physical custody. On October 10, 2002, a new Order granted shared physical custody between Father and the patemal step-grandparents. Under that same Order, Mother had periods of partial physical custody. On December 10, 2002, a new Order gave Father primary physical custody and granted Mother periods of partial physical custody. In November 2003, Father was incarcerated and Mother had primary physical custody of the children. Upon his release in January 2004, Father moved into his mother's home. Mother has retained primary physical custody of the children since November 2003 and asserts that after he was released from prison, Father never requested that the children be returned to him. 4. Issues for Resolution: lSit in the children'S oest interests to allow Mother to maintain primary physical custody and allow Father periods of partial physical custody, when Mother has had primary custody since November 2003 and has demonstrated an ongoing ability to provide for the children's physical, emotional, mental, medical, educational and social needs. Suggested Answer: Yes 5. Estimated Length of Trial- Three hours 6. Any Reports from Local Agencies - None 7. Any Reports of Experts Intended to be Called as Witnesses - None ."< . .. <J <<,.',--,-. itted, Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ,'i_1 '~ .' , ""~1 ,<~ n;~," ~~- MATTHEW E. HARTMAN, Plaintiff vs. STEPHANIE MARIE HARTMAN : and JOHN and RHODA GUTTIE,: Defendants d'l '-' ~, --, ., "~:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2464 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant, Stephanie Hartman, hereby certify that I have served a copy of the foregoing Pre-Hearing Memorandum on the following date and in the manner indicated below: U.S. First Class Mail. Postal!e Pre-Paid Matthew Hartman 505 South 32" Street Camp Hill,PA 17011 DateJ 11 . 0(' John and Rhoda Guttie 3912 Ralph Road Harrisburg, PAin 0 1 MidPenn Legal Services, Inc. essic iamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 ~, __ I.; ~__ , __ .i_ ~'" CC, ".. <~"i ;! " " MATTHEW E. HARTMAN, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-SU STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW : IN CHILD CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you firil to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,," <'<. 'e__'. . ~, .Ll~'.~',:"" ~"' 'J ., MATTHEW E. HARTMAN, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-SU STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW : IN CHILD CUSTODY NOTICIA Le ban demandado a usted en 13 corte, Si usted quiere defenderse de estas demandas expuestas en !as paginas siquinetes, usted tiene viente (2) dias de plazo al partir de 13 fecha de ]a demanda y 13 notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 13 corte en fOIma escrita sns defenses 0 sus objectiones a !as demandas en contra de su persona. Sea avisado que si usted no se defiende, ]a corte tomara medidas y puede entrar una orden contra usted sin privio aviso 0 notificacion y por cnalquier queja 0 aJivio que es pedido en]a peticion de demanda. Usted puede perder dinero a sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI TO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVlCIO, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 , C.<9.k; 'c " "I '; ,;, '.,,' ,", ,J:',~::: '.. '" "'~~; '7 MATTHEW E. HARTMAN, SR., Plaintiff APR 3 0 200tj} : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-'- )4101-1 ~~ STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW : IN CHILD CUSTODY ORDER OF COURT AND NOW, this day of April, 2001, upon consideration of the attached Complaint for Cnstody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 200 I, at m., for a Pre-Hearing Custody 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 of permanent order, FOR TIIE COURT, By: Custody Conciliator The Conrt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible fucilities and reasonable accommodations available to disables 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S.ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 .. ., , '. ,--", .,-' ,'1.--- ". , ' 'Ii '~ ~" MATTHEW E. HARTMAN, SR., Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. . . NO. 01-2464 CIVIL TERM . . . . CIVIL ACTION - LAW STEPHANIE M. HARTMAN, Defendant . . : IN CUSTODY ClIDER OF OOORT AND liDf, this consideration of the attached and directed as follows: day of , 2001, upon Custody Conciliation Report, it is ordered 1. A Hearing is scheduled in Court Room No. , of the CU!Ilberland County Court House, on the day of , 2001, at o'clock, .m., at which time testimony will be taken. For purposes of this Hearing, the Father, Matthew E. Hartman, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party 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 ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the parties shall share having legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and fran the end of the Father's driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appropriate car seats. BY THE COURT, J. cc: Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother , ~ ' 'e,'"' '-"" " ,.j' ";'-' ,L."t,,,-"-;:i,;. ;,,--,,',,, .,,' """""h"'';;:J MATTHEW E. HARTMAN, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-ifJ 2'f(. 'I (l;4 r ~ STEPHANIE M. HARTMAN, Defendant : CIVIL ACTION - LAW : IN CHILD CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintill; Matthew E. Hartman, Sr., by and through his counsel, Law Offices of Craig A. Diehl, and files this Complaint for Custody ofhis two minor children, Damion M Hartman (age 2) and Matthew E. Hartman, Jr. (age 6 months), respectfully stating in support thereof the following: 1. The plaintiff is Matthew E. Hartman, Sr. (hereinafter referred to as the "Father"), an adult individual residing at 505 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2, The defendant is Stephanie M, Hartman (hereinafter referred to as the "Mother"), an adult individual residing at 182 Holiday Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father seeks custody of the following children: Name Present Residence Al!e/Date of Birth Damion M Hartman 182 Holiday Drive Mechanicsburg, P A 182 Holiday Drive Mechanicsburg, P A 2yrs. - 11/23/98 Matthew E. Hartman, Jr. 6 mos, - 9/14/00 The children were not born out of wedlock. The children are presently in the custody of Mother, o~ _ r'-,;, ~,' , '", ;,;.;~;; '. ~;~ ': . ,j lit~ During the last five (5) years, the children have resided with the following persons and at the following addresses: Residents Address Dates Mother, Paramour 182 Holiday Drive Mechanicsburg, P A 1/3/01 to present Mother & Father 90 Northwood Manor York Haven, P A birth to 1/01 The mother ofthe children is Stephanie M. Hartman, currently residing at 182 Holiday Drive, Mechanicsburg, Pennsylvania. She is married. The futher ofthe children is Matthew E. Hartman, Sr., currently residing at 505 South 32nd Street, Camp Hill, Pennsylvania. He is married. 4, The relationship of plaintiff to the children is that off ather, The plaintiff currently resides with the following persons: Name Relationshio Noreen Snow Fred Snow and Becky Hartman Paternal grandmother Paternal step-grandfather Aunt 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationshio Darnion M Hartman Matthew E. Hartman, Jr. Michael T. Cromwell Aaron Cromwell Robert Nace two other unidentified individuals Child Child Mother's paramour Mother's paramour's son Maternal Grandfather unknown ~ '.' ~ '. ., , .,. ,',,"" ',",'. L' j' J."~"',,",~' '~,,' '"', , , &j;i " ", 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in York County Pennsylvania to the extent that a consensual Protection From Abuse (pF A) Order exists in York County Pennsylvania filed to docket number 2001-SU-0003412, which addresses temporary custody ofthe children that are the subject ofthis Complaint. At the time of Father' s consent to the entry of the PFA Order, Father was not cognizant of the temporary custody provision. A true and correct copy of said PF A Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth verbatim, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Conunonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claim to have custody or visitation rights with respect to the children, 7. The best interest and permanent welfare ofthe children will be best served by granting the relief requested because of the following reasons: a, Mother has denied Father any contact with the children since Mother left the marital residence on January 3,2001. b. Mothers conduct in denying Father contact has been in direct violation of the terms of the PF A Order that mandated partial custody to Father every Saturday from Noon until 7:00 p.m. with Mother providing all transportation of the children to the marital residence for transfers. c. Mother's conduct has not been in the best interest of the children. More specifically, on February 26, 2001, while Mother and the children were passengers in a vehicle driven by Mother's paramour, same purposely, maliciously and with no regard to. the children's safety, rammed Father's vehicle causing a severe collision that resulted in significant damage to both vehicles, and persoual injury to Father that required medical attention, d. Mother's residential choices have been questionable and may not be in the best interest of the children. More specifically, Mother has moved repeatedly with the children since leaving the marital residence, and upon information and belief, there were two (2) investigations of Mother pertinent to the children .. - . ~ """,,"', ",'"" ",' """ '" ,," ....~d";,;;,~,,,'"'~ ,.' ''n ~'. ^ ,"'-, '.'. ,) " by Children and Youth Services in York County, Pennsylvania and upon information and belief,. there is one investigation pending in Cumberland County. Presently, Mother and the children reside in a two (2) bedroom mobile home in Mechanicsburg, Pennsylvania where as many as eight (8) people reside and many people are often seen arriving and leaving at all hours, Moreover, it is believed that the children's Maternal Grandfather is residing in the mobile home contrary to the direction of Children and Youth Services of York County, upon information and belief, due to his propensity for violence, his drug convictions and his alcoholism. It is also a concern that the children, who are both very young, may be left unsupervised at times, as Mother has been seen outside of the residence talking on the phone while the children are inside the residence. e, Father has a strong desire to care for his children and he is able to provide a stable residential environment for the children in a single fimrily residence that has six (6) bedrooms. Living in that residence would also permit the children to establish strong bonds with their paternal grandparents and aunt, which is extremely important in a child's healthy development. 8. Each parent whose parental rights to the children have not ben terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Matthew E. Hartman, Sr" respectfully requests that this Honorable Court award the parties shared legal custody of their children, primary physical custody to Plaintiff, and partial physical custody to Defendant at times mutually agreed upon by the parties. Respectfully submitted., LAW OFFICES OF CRAIG A. DIEHL J" ,'r . .~' .' .j, '" ',' .;;"" ',~ ':0- ';J',.,<':,c.. '_",~~'c"<___,~>'. ,,'- 'Li'-';:i MATTHEW E. HARTMAN, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2001-SU STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW IN CHILD CUSTODY VERIFICATION I, MATTHEWE. HARTMAN, SR, verify that the statements in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that fulse statements herein are made subject to the penalties of 18 Pa, C,S. S 4904, relating to unsworn fulsification to authorities, Date: ~/s- h I / J1~ i~ TTHEW E. TMAN, SR. j' ',.D ;::~i ,~~'< , ,~' ,,,"' ---';, StephanieM, Hartman Plafutiff : IN THE COUR'fOF COMMON : PLEAS : YORK COUNTY, : PENNSYLVANIA v. . .. : No, 2001SU0003412 Matthew E, Hartman Sr, : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT , Defendant's Name is: Matthew E. Hartman Sr. Defendant's Date of Birth is: June 22,1980 Defendant's Social Security Number is: 196-60-8931 Name(s) of All protected persons, including Plaintiff and minorphildren: 1, Stephanie M. Hartman Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is unrepresented. . Defendant appeared personally and is unrepresented. AND NOW, this 11th Day of January, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: _ Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a fmding of abuse by this court: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. EXHIBIT "A" --, , '~:r' :~,j ,...., " = , "" 7] C:'" <- , ., c:, :.0- ", "'-:" .-- :;r: '1~ ,".J' .' ',-:In .~, r"1 .-"" ")- .~':} C\ -,:J "~~ :> C"' ::J:: !,50 ( , z i , 1)? Ct -~ .r:- ;:-0 :;J v:J -.0: ..;; - ," . , ,.' ""I"",,,~ ,,'"- "" f'_$ ,,". -', 2. Defendant is completely evicted and excluded from the residence at: 43 South Front Street, York Haven, P A or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order, 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order, 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Damion M. Hartman 2. Matthew E. Hartman Jr. shall be as follows: . Primary physical custody of the minor childlren is awarded to the Plaintiff. . Defendant shall have the following partial physical custodylvisitation rights: Every Saturday starting January 20, 2001 from Noon until 7:00PM . Transportation for partial physical custodylvisitations shall be by the Plaintiff . The custody exchanges shall take place at: 90 Northwood Manor, York Haven, P A n__.6: The following additional relief is granted as authorized by ~6l 08 of the Act: Defendant shall contact the ADVANCE Program within 3 months of the date of this order to arrange for an evaluation for admission into that program. Defendant shall comply with any recommendation for treatment resulting from the evaluation and pay the cost of the evaluation and the recommended treatment. Defendant shall execute an authorization to permit ADVANCE to verify to the .court that the Defendant has complied with this Order. The ADVANCE Program is located at 750 Kelly Drive, York, PA 17404; telephone number (717) 852-9706. --"" << , < "- ,---" ," .,,' ~--",--~ N ' '~'c.-. ',": '0" 'r " ,.,~ , , ., If Mr. Hartman follows through with the ADVANCE PrograUl the costs of the Treasurer will be placed on the County. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newberry Township Police Department . 8. THIS ORDER SUPERSEDES: I. ANYPRIORPFAORDER 2, ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: July 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.s, 96114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE, THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18U.S,C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S,C 992261-2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U,S.C, 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF - FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order, An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is conunitted in the presence of the police, 23 Pa,C,S. 96113, Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of " "",' " j'-,.. ." " """, ,'.":0", , ""'~}i,i '. abuse,.Th~ Sheriff of York County shall maintain possession of the weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff, Plaintiff's presence and signature are not required to file the complaint: . If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearirIg, B -- - <-.. . Blackwell Judge -@9t If entered pursuant to the consent of plaintiff and defendan ' ~apL-fji1fif?-.~ . . PlamtIff's Signature Distribution to: Plaintiff at C/O ACCESS, Defendant at 90 Northwood Manor, York Haven, P A 17370, York County Control, P A State Police, York County Treasurer, York County Sheriff, ACCESS, ADVANCE " < ......,,~' --~'" - -~~~. " ~ "-~ ~JiI", .."......",--- "'Ir - " ~...i..:o',~ 11D -~"'1!l~>, ..' .,...... MATTHEW E. HARTMAN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2001-SU-2464 STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW IN CHILD CUSTODY AFFIDAVIT OF SERVICE I, Helen E. Rasmussen, do hereby affirm that I served by hand-delivery a Complaint for Custody and Order of Court on Defendant, Stephanie M, HartriJ.an, at her residence situate at 200 Holiday Avenue, Mechanicsburg, Pennsylvania on May 24, 2001, at 11 :40 a,m. I understand that the statements herein are made subject to the penalties of 18 P.S. S 4904 relating to unsworn falsification to authorities. J ~JtI? ~LEN. SMUSSEN ,"-"","'- < ,... . , ......~~, -"""--'I" i ". ~_ - . ~ i'!<,~ . .....,. ~ MATTHEW E. HARTMAN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2001-SU-2464 STEPHANIE M. HARTMAN, Defendant CIVIL ACTION - LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Stephanie M, Hartman Twigg Mobile Home Park 200 Holiday Avenue Mechanicsburg, P A 17050 LAW OFFICES OF CRAIG A. DIEHL Date: .r;; :;Lo;/ 0 ( " ; ~,,', .,.. ~ ~ .~ . ..,-.1,/' " .. MATTHEW E. HARTMAN, SR., plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 01-2464 CIVIL TERM : . . CIVIL ACTION - LAW STEPHANIE M. HARTMAN, Defendant : . . IN CUSTODY aIDER OF COORT AND N(Jq, this ., ~ day of :J ~ consideration of the at~custodY Conciliation and directed as follows: , 2001, upon Report, it is ordered 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a psychological/custody evaluation. The evaluator shall be selected by the Court and the cost of the evaluation shall be paid by the County. The purpose of the evaluation shall be to obtain independent prOfessional recommendations concerning custody arrangements which will best serve the interests of the Children. The parties shall sign all necessary releases and authorizations for the evaluator to obtain information pertaining to the parties or the Children. 2. within 30 days after receipt of the evaluator's written recommendations, the parties shall contact the conciliator, Dawn S. Sunday, to schedule a CUstody Conciliation Conference. 3. Pending further Order of Court or agreement of the parties, the parties shall share legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and from the end of the Father I s driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appropriate car seats. cc: Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother ~~~\ :rail_*,jjJ;i,""~~~~~'tJii""WiW,,,,,,th,!f,"lli-~',,Mlliol~_l!!;;;w.s~'" ~d ""lfjiIHiuf~"" ,~",., ',:>' "'~""".. . " \' VI~;V;'\lASNN3d J 'I ',10,('." '~I' "1' '~r"'jnO /\1..1 ',' I' /, : 'l I"'~' ,-"-1''''11;' J ' '.' ~, -' "'-' '.;' , ' i1":7 i),t ,.:3 \,f .,;) ;: I ;';'[' 10 o t;~i ~ t AlJ\iJ()\j::) .. _ I,:', ! ~J:)L~L ()- eEi 'l:j J\-1,:"""" , ~. ,., ,"'.. "...-,,,,, '''',,'' .__""~"~.,,,L~,,,,~ ~,.,. .."- "._,...~".,,,,,.,.. v, '<< ". . ~~'," .' ',' ' '" ..:,:: , T .. MATTHEW E. HARTMAN, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. . . NO. 01-2464 CIVIL TERM : . . CIVIL ACTION - LAW STEPHANIE M. HARTMAN, Defendant : . . IN CUSTODY COST<DY CCNCILIATICN SUMMARY REPCRT IN ACCaIDANCE WITH ClIMBERLAND COONTY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURREI.IlTLY IN COST<DY OF Damion M. Hartman Matthew E. Hartman November 23, 1998 September 14, 2000 Mother Mother 2. A Conciliation Conference was held on June 13, 2001, with the following individuals in attendance: The Father, Matthew E. Hartman, with his counsel, Linda A. Clotfelter, Esquire and the Mother, Stephanie M. Hartman, who was not represented by counsel. 3. The parties separated in January 2001, at which time a Protection From Abuse Order was entered in the York County Court of Common pleas prohibiting the Father from having contact with the Mother with the exception of a partial custody schedule under which the Father had custody every Saturday fran noon until 7:00 p.m. The Mother was to provide all transportation for the exchanges of custody. Since their separation, both parties have moved to Cumberland County and the Father filed this Petition for primary physical custody of the Children. The parties were not able to reach an agreement at the Conference and it will be necessary to either schedule a Hearing or to order a custody evaluation, at the county's expense, as recommended in a later section of this report. 4. The Father's position on custody is as follows: The Father believes it would be in the Children's best interest to reside with him in the household where his parents and aunt currently also reside. The Father expressed concern that the Mother parties too IlRlch and stays out late while leaving the Children in the care of unrelated individuals. The Father stated that there is not sufficient roan to raise the Children in the Mother's two bedroom trailer, in which the Father alleges the Mother's boyfriend, the boyfriend's son and another unrelated individual reside. The Father believes the Children are being neglected in the Mother's ,J ^' 1 , '~__ , '..: ' ,'t,,-,.' . ',"", .",.-".,";0":\1 1 " ~.. " household and indicated a neighbor had reported seeing Darnion walking outside in only a diaper in extremely cold weather without supervision. The Father stated that Children and Youth Services have investigated the Mother's household on several occasions. The Father also alleged that the Mother has violated the York County Protection From Abuse Order by not making the Children available to him at any time since entry of that Order in January. Finally, the Father expressed concern that neither of the Children is developing appropriately. While the Father was willing to participate in a custody evaluation, he indicated that he has no financial resourcee (and high debts) from which to pay the expenses. 5. The Mother's position on custody is as follows: TI'le Mother denied all of the Father's allegations with respect to her ability to provide the proper care and supervision for the Children. The Mother believes that it would be in the Children's best interest to continue to reside primarily with her. The Mother acknowledged that the younger Child was hospitalized recently for testing concerning his level of development but that the results indicated that the Child has no major health problems. The Mother alleged that while she was present for the exchanges of custody as required by the PFA Order, the Father did not show up. TI'le Mother. explained that she continued to travel to York Haven, which was the Father's former residence, rather than to Camp Hill which is llRlch closer to her Mechanicsburg home, because she received legal advice to abide by the exact provisions of the PFA. The Mother acknowledged there had been one Children and Youth Services investigation at her home as a result of her Father filing a report based on the Mother denying the grandfather contact with the Children. The Mother indicated that she had contacted Children and Youth to investigate the Father for a burn on the older Child's hand which occurred prior to the parties' separation. The Mother expressed concern that the Father may act abusively to the Children as he had physically abused the Mother prior to separation and had been physically rough with the Children in the past. The Mother indicated that she would be willing to participate in a custody evaluation but, as she is unemployed, she cannot afford the costs. 6. Almost all of the factual circumstances of this case were disputed by the parties at the Conciliation Conference. without the benefit of sworn testimony, it was virtually impossible to assist the parties in determining what custody arrangements would best serve the Children's interest. The parties are completely unable to coIlUllUnicate with each other due to the high level of animosity between them at this time. It was determined at the Conference that neither of the parties is able to financially afford to pay even a portion of the costs of a custody evaluation. However, it is the Conciliator's opinion that a custody evaluation would be extremely helpful to the Court under the particular circumstances of this case. SOme of the most disturbing allegations involve continuing incidents of violence between the parties which are placing the Children at risk. For example, there were allegations of high speed vehicle chases, with the Children in the car, and a serious accident when the Mother's boyfriend ran into the back of the Father's car, again when the Children were present. Because of the nature of the parties' allegations, the potential risk to the Children's welfare and the complete disparity in the parties' " ,':' -. , , perspectives concerning the relevant facts affecting the Children, the Conciliator strongly recommends an Order in the form as attached requiring the parties to submit to a custody evaluation with the costs to be paid by the county. In the alternative, an Order is reCOllllllended also in the form as attached, scheduling a Hearing in this matter. Date L (~ d-oo/ {l.~~ Dawn S. Sunday, Esquir Custody Conciliator , '- ' '-"- ' "'-, , i~ I, ~ ~1t~!;ili~,~j~ " MATIlIEW E. HARTMAN, SR. PLAINTIFF V. STEPHANIE M. HARTMAN DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 03, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq, , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thnrsday, May 31, 2001 at 12:30 p,m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to defme 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: Isl Dawn S. Sunday. Esq.tt 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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) 249-3166 S;//t/I 5"{- () ( S-:tj.tJI " II il :"1!! ., "~~. "''j" --~ --,.~ ~,'~'--"< -.,', <,", ""',",YM~~~""~_< = ~ _,. """'-= (':,: ,,-,i F \".i'~'~:'!';,:~~.~~_\)r~~:~}ff~FN .,.' ").1.(\ \'\' '/ ~ \. j-.'<\1'1 '-" q, "" 0, " . .,' , 1 I"\ . . "'J"\Y Cl ttJhE.H\},,>Li ~';Y' \~ V 'PE.N"\S,{LIJI~N!A tal fJ1JJj ~ ~ 4 r:iJI 714 ~ z,~ c~~~ df~'7 ~~".".,." ~_.,..,~ll, , ,~=~~!l!I!~~~'f%""'.f"",;f,V",>H"'l"~"::"~ "'~'~1'r;;i"-"IT\.'1:;;~'~1q{1!MIl-~.s1'W1!'i""P.f'H!Cf'fm"");'!W;~l:!!it!'l~\~1"""'" ,."~ ID: NOV 13'al~ tti32~No~OOlP,03; ~, T MATTHEW E. HARTMAN, SR. Plailltiff : IN THE COURT OF COMlvff>NTr!AS OF : CUMBERLAND COUNTY~PENNSYLVAN1A v. : CIVIL ACTION - LAW : 1N CUSTODY : NO, 01-2464 CIVTI, TERM~.cc ~:' STEPHANIE M. HARTMAN Dcfcndant -. ~-o- PRAECIPE TO wrlllDRA W APPEARANCE ~. AND NOW, this ~ day ofNovembcr, 2001, the undersigned attomelWithd~awsher appearance on behalf oft11e Plaintiff, Matthew J lal1man, S1', -- ~, November 13 111 , 2001 inda A. Clotfelter, ~Uir ,. _ 464 Trindle Road -=..: =-<~ Camp Hill, Penllsylvania 17911 (717) 763-7613 '=- ~: lDlI72963 ~ PRAECIPE TO J<~NTER Al'PEARANCE .~ J;:'.. 1''-' ". AND NOW, this -z..&, , day ofNovemher, 2001, the Family Law Clinic e:tcrsTtS appearance on behalf oCtile Plaintiff, Matthew Hartman, Sr. ~ :::::.', -;:::.,..--. Novemher -Z& ,2001 Respectfully submitted, . ~:- Steven BocH . ~- ::J"" ~-Itk . ,RT E. RAINS ~c ~... TllOMAS M. PLACE TERJ L. HENNING _ =-- SUPERVISING ATTOR'NE$fs FAMILY LAW CLINIC 4S North Pitt Street -~ C"rlisle, PA 17013 . 717/243-2968 , . ~ ~-~ ....' ~. ~~- ~ .o~ ~...'" ~' ' "-~' ~~: ~ <.i<",. ~~~~~'llihIllllt.~~,~",__~~~_~iilti!""''''~"' -. """,""., w ,_ ~~ , , " ,"~; " "',' ,.." J, ",...,,<,' ", " ~,>," ,. ~. ~~~"" ,,< ~~- " dn"'---<<""""'^, o c $, -0 OJ o;!q::; zf" t]J)?.: ,<L ~...' ~-'-"'- j>,.-~ 2:0 Pc Z :< - ~~ ~. ;!~ Ii I II I Gl '"~... 'Tl "'" ~ N cD -0 -ci-., '1'1 -?8 , , <C; " ,-, _', "','1 ~c3 om ;p! ::D -< J;;- N (,.J ..'.', "" ~'"~. , --"', -'="I~" ' '"~. . l,,'_'~'<_' "_'. ,,',_ ,,' C",;;-,,,..',;,,, ..,,~ '. ',,'." :' ,',';. ,__ _n'~<..'-; MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN CUSTODY STEPHANIE M. HARTMAN DefendantlRespondent : NO. 01-2464 CNIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Matthew E. Hartman, Sr. Plaintiff, to proceed in forma pauperis. I, Steven Boell, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: J 1/;,1/0 I , , ~. Steven Boell Certified Legal Intern ~~L 4- RO T E. RAINS' THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '~l51 en', ~, ,,~. """," """ ~:lI~'a':"~I1i'"~"~kg~~iJli!iMr_f .... ~~ " ~ >,,,,",,','", ',^ ,..,. ..' t,,~ ,. L. "~' ." 1"_ ,~~ - = ~-- .' '^ '-'- ""---"",C",,,'"" .'"-, c C) () " C , j S :>" --'. -;:)rG c::> .'; ~ rnr1', ,,~ __. ~'-r'l ~_t? ('.) .''--'; ',." (f)~: ,Q ..~~(? '-< e. r:;.C:: -;J .~) -1: ~O -"" (0-;") _L,-. ;:;;';rn -0 - ( ) :Pc ~ .::; .. ~ N 11 ()1 ::< . ,"',,", ,. ~, "~" - " ,. .. ',. ,',.,; ,;,' ." ,I'," _,_,~v .. .,;.-; .. ,. ';';-,'.., ~"~ >l' .""";' , '.~~-s,.~",~".v" .~--,"'--,. , ., "'~' "':;:!~i MATTHEW R HARTMAN, SR Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA y : CIVIL ACTION - LAW : IN CUSTODY STEPHANIE M, HARTMAN Defendant : NO. 01-2464 CIVIL TERM CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Praecipe to Withdraw Appearance and Praecipe to Enter Appearance on the following persons by first class US, Mail, postage prepaid, this 29th day of November 2001: Stephanie R Hartman 182 Holiday Dr. Mechanicsburg, P A 17055 Stephanie M, Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, P A 17055 Linda A Clotfelter, Esquire 3464 Trindle Road Camp Hill, PA 17011 Date: 1l/"d-1/ d I , ~~. Steven T. Boell Certified Legal Intern -4 ~/) ~MPlate - Robert R Rains Teri L Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 . ,i:l1i!ii",,"'A::''''''''"'~I~~m~ll<' "'t '-"'~~""1&_-i'!i~~!iiwr,,~~,irii "~ '- , "--~,- ~ ,~,^, ' ~ ' ~~, -, f'-" ..- - v (...,," ;~. <1 () C) C 5:: ;z: -oC' ~:::J mr;:~ z:n r~.J :z~: 0~.c.: '-D '-<LC r<' C) ,- . ~ C) -"'-- :z C'1 ,- )> C x:- 0 .-j ~ N ,- =< ~ ,^' :.< I\: '-, '. ~'"',.'. , ",'>,'.,", , -,=.. "i.-,,'" "_,~,, MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN CUSTODY STEPHANIE M. HARTMAN DefendantlRespondent : NO. 01-2464 CNIL TERM CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Praecipe to Proceed In Forma Pauperis on the following person by first class U.S. Mail, postage prepaid, this 29th day of November 2001: Stephanie M. Hartman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, P A 17055 Date: [II ~"J/cPl I ' ~~.. Steven T. Boell ::ii~7~4- Tl:l M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 "<'~j~"''''''''''~; '.,~ .c...~"",~~ '*i!1jg~ Ill';: ~ -$' i1f".." . "~,y,'~~", <~""~<'o ~, ~_,~"'V'c~""'__"<'_" ..,-" ~~' J>~~il-~~~W!. ... ~ 't"nr'f' ,,,' ',."., '" ~" I" ~" , ~ ~" ~1iIr"'_ , ~""", () c:: ? "DU~ 52rr: 2;C ci3\ ~;E .J>-(j Z r../ ,~c) ~~ ~ ''" '~ J,' "-;,1 a o ''I ::;:? ;:3 ",,-- '~ 1 "(''---; ~-:~i? ;;~;2 ~J~~ (5 ill ~ -< "'0 U) ~ -", '" OJ i;i ",.." --"'-" ,Co- ,'~""" ',,~. ",- ,"",' ",',,", ''-~''~'''''',,' C,"'-' ,'c"'"")':,',,,", ,',~i-- ',~0.2"--"";" "~!ii'i~llioe MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEPHANIE M. HARTMAN Defendant/Respondent : NO. 01-2464 CIVIL TERM CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 30th day ofNovernber 2001: Stephanie H. Hartman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenic1e 6820 Carlisle Pike Lot 139 Mechanicsburg, PA 17055 Date: 11/'361/01 J ~~ Steven T. Boell Certified Legal Intern ~M~ldJf Robert E. Rains Teri L. Henning Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 d-."", ']'J.j ~~Iim~mk~INi';;M;i!H\;tIi~W!.~~!!l~~- tt .A:> ~. ">,.~,~',,,,, > -~ <"~,," " . ,,~ ~., , ,- ,~ .~ llilJ''''';"~' ~il." <HI ,,;'~ ' 1 () C.) C ~;: ~. ""UrD ~ m;7" 'rO;:;: Z::r' zr'- ,-" ::Q5:': c> ..J r:: ",--'_0 <"--.J -u ->,- ;ZO -",- f. '" -~ "",0 .. _.- J:" U '-- --] ~ :0> ~ , . " ='~'~: MATTHEWE. HARTMAN, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2464 CIVIL ACTION LAW STEPHANlE M. HARTMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 04, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq, , the conciliator, at 39 West Main Street, Mecbanicsburg, PA 17055 on Thnrsday, January 03, 2002 at 1:00 PM for a Pre-Hearing Custody 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. The court hereby directs the parties to furnish auy aud 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: Isl Dawn S. Sunday, 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. IFYOUDONOT 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) 249-3166 - <Ii - /;;s.o/ I;) :s-t) I 1;2 ~- tJ/ ~"~~"~ "~"~""".-{"'I~~'~_h'."'~"_' ~.~'''~ ("0' nr-- 01 I-I' __CC IJ' '^ r_ U ,J " "'~ ::;;t. ? r ,!l .... .lb CU',.,. . :1"l..~-:.sr;0'\:\U (;(\1 !f,!'}Y rc:Nf\lSY' \il":/'"'''' 1-".--.,/\[1"\. w- ~_~ 3' (Yf.A"'- ~~ Z~€J o/p ~ ~.4~' ~ 1'lI~_ ' ~~~~~~~'';!\~11'I~1'a!l!l-_--';MW-!,!ffl'~lfl'\'~R:';'M'~''~'0'''cr,',' >:"'"qn";1""@O;/N;ii\j'\'il'1!1-;1f.'if.b"'~~R'"'",,;;"~'r.;,'''''"'fh~''i801&'~'.:t'I'.~1R:V~ ._w ~"._ '"' ,." . ,,' -- ,," :,,"'J-!.,""'" " '" c" ,'~~: ":k ~ DEe 0 3 2001 0 Jl . MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN CUSTODY STEPHANIE M. HARTMAN Defendant/Respondent : NO. 01-2464 CML TERM ORDER OF COURT AND NOW, this day of ,2001, upon consideration ofthe attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2001, at m., for a Pre-Hearing Custody 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: Custody Conciliator YOU SHOULD TAKE TillS 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 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. ",' , , - ,^ ~ I, , _."'.~ "~'^~ < '",~ '. ,'~ ",,, , ;',.", c """",;"_""""~;,~",,,,,,;,.',,'~~i,,&i"',' . ," 'itI~:.- .' MATTHEW E. HARTMAN, SR. PlaintiWPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEPHANIEM. HARTMAN Defendant/Respondent : NO. 01-2464 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Matthew R Hartman Sr. (hereinafter "Father"), by his attorneys, the Family Law Clinic, respectfully represents that on June 19, 2001, an Order of Court was entered for custody of Dam ion M. Hartman, bom November 23, 1998, and Matthew E. Hartman Jr., bom September 14, 2000 (hereinafter "the children"), a true and correct copy of which is attached (Exhibit A). Under the existing Order, Stephanie M. Hartman (hereinafter "Mother") has primary physical custody of the children. Under the existing Order, Father is to have physical custody ofthe children on alternating weekends from Saturday at 12:00 p.m, until Sunday at 7:00 p.m. 2. The June 19, 2001 Order should be modified because: a, Father desires to have primary physical custody of the children, b. Father can provide a more stable home environment for the children, and can better meet the children's emotional, fmancial, and social needs. c. Upon information and belief, Cumberland County Children and Youth Services (hereinafter "CCCYS") has investigated Mother's alleged abuse/neglect of the children, and has determined that such abuse/neglect is indicated. CCCYS has recommended that Father have primary physical custody of the children. '1 ."' ,< '.',,',"', , '~ ,,^' ~, '"" '.~ -'." , "[~-':.. " ',h,--"- ',"-',',.,-'.,,','., '"",;, ")~,,,,',_; '''__~',;i,'~'''.i;0,:,,,,,,,;,,,''j':;';'1.::~;;;-";,...,, .' ,." J:~~ . d. Pursuant to CCCYS' request, Mother has allowed Father to have primary physical custody of the children since on or about October 12, 2001. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father primary physical custody because it is in the best interest of the children. Date: 11/38/ t> I I , ~.~. Steven T. Boell Certified Legal Intem c2:.~~ Robert E. Rains Teri L. Henning Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 ~. '. '. " VERIFICATION I verify that the statements made in this petition are true and correct I understand that false statements herein are subject to the penalties of 18 Pa. c.s. 94904 relating to unswom falsification to authorities. Date: 1\ /1 v 10\ / / ~4EJ!{ - -~--=~ 'j",-,,-,,-":,' . , > ~='l~it!i . ,- MATTHEW E. HARTMAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 01-2464 CIVIL TERM . . . . CIVIL ACTION - LAW . STEPHANIE M. HARTMAN, : Defendant . IN CUSTODY . ORDER OF CXlURT AND rD/, this ., "" day of :J ~ consideration of the at~custody Conciliation and directed as follows: , 2001, upon Report, it is ordered 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a psychological/custody evaluation. The evaluator shall be selected by the Court and the cost of the evaluation shall be psid by the County. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will best serve the interests of the Children. The parties shall sign all necessary releases and authorizations for the evaluator to obtain information-pertaining to the parties or the Children. 2. within 30 days after receipt of the evaluator's written recommendations, the psrties shall contact the Conciliator, Dawn S. Sunday, to schedule a CUstody Conciliation Conference. 3. Pending further Order of Court or agreement of the psrties, the parties shall share legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and from the end of the Father's driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appropriate car seats. -, 'A'i O~D\ cc: Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother ~ ~ ~ _J ~ .,. , , c , ,. . ~'" ",;Un, " ,',"'"';'d><",~~"<,. ",', ,"--- <",it,', ie',-,,, ;:';"i:i!<",;"':"';~\'; '"'-,;'," ,. , ,1 , , MATTHEW E. HARTMAN, SR. , PlaintiftlPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEPHANIE M. HARTMAN Defendant/Respondent : NO. 01-2464 CIVIL TERM CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Special Relief Seeking Emergency Custody Pursuant to PA R.C.P. 1915.13 on the following person by first class U.S. Mail, postage prepaid, this 30th day of November 2001: Stephanie M. Hartman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, P A 17055 November 30,2001 ~~. Steven T. Boell Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 . . . ~~~'~~~_~~~~~jo:i\Wi.i,~tt~.!ill~id:'jl~W'~l~~_iA~iliI--'- ' 1" "Iliiit"" ",-'--' "".'<-lc.'," J~ , C) t:") ~ -- ~ ., -," 'U f' '~-~~ rn c ~ - (...) .~ cn '" <=, -< 'j , ) r:; ',--" . l' =s~,: .~, .~ :::;E: C) C) . ;Z,., 6r11 5,,---1 r- . c: -~ 7" ,,-. - ~ :0 (:;) -< ~~"" "~~"'.,"o. ~, .. "" ,,~'. ~ " " ," - -~,"', t' ". . , -..:. ," ,;. ....." tJi'~; '/ .. FE~ Z002 MATTHEW E. HARTMAN, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO, 01-2464 CNIL ACTION LAW STEPHANIE M, HARTMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 12TH day of February, 2002, the Conciliator, being advised by Plaintiffs counsel that Plaintiff wishes to withdraw his Petition for Modification at this time, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for February 26, 2002 is canceled, FOR THE COURT, D~ Custody Conciliator ~"-ti'-lk"i"'!@~~~lIL~-"m""~d'",:;;----"wl.';d,"i;t~~J1i"'{(M"!l-':J;;;-2f.<!",s,;'''''!rr1\--'i~iW,.,@i~l;:~.~~~""~0'~~~ ~!iillill1' .,' ,-,,,,__'~,",~""'c,'<''''....'-'''''''''' '.M,~ _ ~ ~~ ,~ i ~ -::J: C,,__ ~= z: ~26 '.~I-':;;':: ;?~ -----.!Z ~~~ ..:) () N C:J (',...j CU L1 L, "-, C] ,>n ,. =,.,^,,;,,,wl~.~_,, ~> ~ .<-- ~< Iltn/" ..,~.,,,~-. -oJ, ~"" ., "".....-11:=< ~" , " =4_1 ~~""H'!~,,""i~"'l;~i,,(' j ", MATTHEW E. HARTMAN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2464 CIVIL TERM : CIVIL ACTION - LAW STEPHANIE M. HARTMAN, Defendant : : IN CUSTODY ClIDER OF COURT AND NCM, this ! 9+h day of consideration of the attached CUstody Con and directed as follows: Je iliation , 2001, upon Report, it is ordered 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a psychological/custody evaluation. The evaluator shall be selected by the Court and the cost of the evaluation shall be paid by the County. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will best serve the interests of the Children. The parties shall sign all necessary releases and authorizations for the evaluator to obtain information pertaining to the parties or the Children. 2. within 30 days after receipt of. the evaluator's written recommendations, the parties shall contact the Conciliator, Dawn S. Sunday, to schedule a CUstody Conciliation Conference. 3. pending further order of Court or agreement of the parties, the parties shall share legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and from the end of the Father's driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appropriate car seats. TRUE COpy FROM RECOR!) In Testimony wher' f, I h6l'e unto set my hand and. e seal of sa' Court at Carli~Pa. T i ......;.~o.. ~ Of..;,:J,LLAl.e..m.C:~ 2... ~.., Pro1nol1otary BY THE COURT, Jd d (i { r} J 15 . j/(1;" (\~ Ii fjJ. I cc: Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother ".~. -'-< t.' ~~ , I' lIit~ 1i :':\ " MATI'HEW E. HARTMAN, SR., : IN THE OOORT OF OOMMON PLEAS OF plaintiff : CUMBERLAND OOONTY, PENNSYLVANIA : vs. : NO. 01-2464 CIVIL TERM : . CIVIL ACTION - LAW . STEPHANIE M. HARTMAN, . . Defendant : IN CUSTODY CRDER OF a:xJRT AND NCW, this consideration of the attached and directed as follows: day of , 2001, upon CUstody Conciliation Report, it is ordered 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of , 2001, at. o'clock, .m., at which time testimony will be taken. For purposes of this Hearing, the Father, Matthew E. Hartman, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party 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 surmnary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further order of Court or agreement of the parties, the parties shall share having legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and from the end of the Father's driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appropriate car seats. BY THE COURT, J. cc: Linda A. Clotfelter, Esquire - Counsel for Father stephanie M. Hartman, Mother <.', - , ~ - ;,1 ~,," ~ tr;/ , MATTHEW E. HARTMAN, SR., plaintiff : IN THE COURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : NO. 01-2464 CIVIL TERM : : CIVIL ACrrON - LAW STEPHANIE M. HARTMAN, Defendant . . : IN CUSTODY CUS'roDY CWCILIATIOO SUMMARY REPCRT IN A<XnIDANCE WITH CUMBERLAND CXXlN'l'Y ROLE OF CIVIL PROCEOORE. 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CllRRm:rLY IN CUS'roDY OF Damion M. Hartman Matthew E. Hartman November 23, 1998 September 14, 2000 Mother Mother 2. A Conciliation Conference was held on June 13, 2001, with the following individuals in attendance: The Father, Matthew E. Hartman, with his counsel, Linda A. Clotfelter, Esquire and the Mother, Stephanie M. Hartman, who was not represented by counsel. 3. The parties separated in January 2001, at which time a Protection From Abuse Order was entered in the York County Court of Common pleas prohibiting the Father from having contact with the Mother with the exception of a partial custody schedule under which the Father had custody every Saturday from noon until 7:00 p.m. The Mother was to provide all transportation for the exchanges of custody. Since their separation, both parties have moved to Cumberland County and the Father filed this Peti tion for primary physical custody of the Children. The parties were not able to reach an agreement at the Conference and it will be necessary to either schedule a Hearing or to order a custody evaluation, at the county's expense, as recommended in a later section of this report. 4. The Father's position on custody is as follows: The Father believes it would be in the Children's best interest to reside with him in the household where his parents and aunt =ently also reside. The Father expressed concern that the Mother parties too much and stays out late while leaving the Children in the care of unrelated individuals. The Father stated that there is not sufficient room to raise the Children in the Mother's two bedroom trailer, in which the Father alleges the Mother I s boyfriend, the boyfriend'S son and another unrelated individual reside. The Father believes the Children are being neglected in the Mother I s , ~ , , - '~ w'.l ~"""""f: . \ household and indicated a neighbor.. had reported seeing Damion walking outside in only a diaper in extremely cold weather without supervision. The Father stated that Children and Youth Services have investigated the Mother's household on several occasions. The Father also alleged that the Mother has violated the York County Protection From Abuse Order by not making the Children available to him at any time since entry of that Order in January. Finally, the Father expressed concern that neither of the Children is developing appropriately. While the Father was willing to participate in a custody evaluation, he indicated that he has no financial resources (and high debts) from which to pay the expenses. 5. The Mother's position on custody is as follows: The Mother denied all of the Father's allegations with respect to her ability to provide the proper care and supervision for the Children. The Mother believes that it would be in the Children's best interest to continue to reside primarily with her. The Mother acknowledged that the younger Child was hospitalized recently for testing concerning his level of development but that the results indicated that the Child has no major health problems. The Mother alleged that while she was present for the exchanges of custody as required by the PFA Order, the Father did not show up. The Mother explained that she continued to travel to York Haven, which was the Father's former residence, rather than to Camp Hill which is much closer to her Mechanicsburg home, because she received legal advice to abide by the exact provisions of the PFA. The Mother acknowledged there had been one Children and Youth Services investigation at her home as a result of her Father filing a report based on the Mother denying the grandfather contact with the Children. The Mother indicated that she had contacted Children and Youth to investigate the Father for a burn on the older Child's hand which occurred prior to the parties' separation. The Mother expressed concern that the Father may act abusively to the Children as he had physically abused the Mother prior to separation and hed been physically rough with the Children in the past. The Mother indicated that she would be willing to participate in a custody evaluation but, as she is unemployed, she cannot afford the costs. 6. Almost all of the factual circumstances of this case were disputed by the parties at the Conciliation Conference. without the benefit of sworn testimony, it was virtually impossible to assist the parties in determining what custody arrangements would best serve the Children's interest. The parties are completely unable to communicate with each other due to the high level of animosity between them at this time. It was determined at the Conference that neither of the parties is able to financially afford to pay even a portion of the costs of a custody evaluation. However, it is the Conciliator's opinion that a custody evaluation would be extremely helpful to the Court under the particular circumstances of this case. Some of the most disturbing allegations invol ve continuing incidents of violence between the parties which are placing the Children at risk. For example, there were allegations of high speed vehicle chases, with the Children in the car, and a serious accident when the Mother I s boyfriend ran into the beck of the Father's car, again when the Children were present. Because of the nature of the parties' allegations, the potential risk to the Children's welfare and the complete disparity in the parties' "~I ~< -~ "< I.,,:, " ~ "~il\ilid""""',dhlk",l,<J;"d-", . t pel:'spectives concerning the I:'elevant facts affecting the Childl:'en, the Conciliatol:' stl:'ongly I:'ecomrnends an OJ:'del:' in the form as attached I:'equil:'ing the pal:'ties to submit to a custody evaluation with the costs to be paid by the county. In the alternative, an OJ:'del:' is I:'ecommended also in the forn as attached, scheduling a Headng in this mattel:'. Date ~ (~+ool {l~~ Dawn S. Sunday, Esquil:' CUstody Conciliatol:' - .'" ~' 11;' ""~~~1i'j ~, ~, . MATTIIEW E. HARTMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2464 CIVIL ACTION LAW STEPHANIE M. NACE HARIMAN AND JOHN GUTTIE AND RHODA GUTTIE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, , the conciliator, at 39 West Maiu Street, Mechauicsburg, PA 17055 on Tuesday, October 01, 2002 at 10:30 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 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, aud Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By:!s! Dawn S. Sunday. Esq. Custody Conciliator \..01 ... 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 HA VB 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) 249-3166 j .~ ~ '. 1-/0, t'J. y./tl '0.) " '<. ',' ~ <",.' ,~^"" "'-'" ~ ..' --,,^' < "'I'--'~'" .~ <_"-" ~'_'._= ,'~'" O'~""'~~' '''''''',v'~,;';;",,. . . FILEO"U'CfC~ -OF T' 1,- :'C""_ ri 1 ,t , i~','" ,-' l' ',-' ,''''~ " . ....::.::\lnT,Jp.y .,J ,',,1 02 SfP I V AN 12: L. 8 CUnAPI::,:( . I.. . ",:-',-1 ,Lf~', \'U (Y14' if Ty ;';ENNSYL\f;~11/7l ~ &d. ~ ~ ;f; -4'r9 ~ 11<"1' t1(r -z; a4 ~fr ~ ( ,R'1~1il~ < ~, ~1'Iffl!!!!!1!I'_J,..~!ijlli,~_~~_~:_~;m~'lJIIIll$F~~~'i~'1Q),\lifii"""'-,i"""",;"",,,~,,-w,,",'rl'iFf'.f""rW,l'Jil~'~~W,1'"~""f'~!"'~':'~'R'1"l"'I!:0<l~J_~;;!~rni~;',,!, ,"~"-"<-"' ."~ ~,~ ~ .~ 'I ", .Gl',~,i ~~i~2:" 'I.. orl~' s SEP 0 4 2002 MATTHEW E. HARTMAN , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.JoOI -oJ4~t.{ CIVIL ACTION - LAW v. STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE , IN CUSTODY Defendants ORDER OF COURT You, Stephanie M. Nace Hartman, Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor children:Matthew E. Hartman. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2002, at , _.M., for o a conciliation or mediation conference. o a pretrial conference. o a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. FOR THE COURT, By: J. <~ " .ell I ~~-,,", MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0\ -1 %~ v. CIVIL ACTION - LAW STEPHANIE M, NACE HARTMAN, and JOHN GUTTIE and RHODA GUTTIE, IN CUSTODY Defendants Mcl~/$o1A~Jo'" for COMPLAINT FOR CUSTODY AND NOW, this _ day of September 2002, comes Plaintiff, MATTHEW E. HARTMAN, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is MATTHEW E. HARTMAN, hereinafter referred to as FATHER, currently residing at 501 Windy Hill Road, Lot 94, Shermansdale, Perry County, Pennsylvania. 2. The Defendant, STEPHANIE M. NACE HARTMAN, hereinafter referred to as MOTHER, currently resides at 2636 Walnut Street, Penn brook, Dauphin County, Pennsylvania. 3 . The Defendants, JOHN GUTTIE and RHODA GUTTIE, hereinafter referred to as GRANDPARENTS. currently reside at 3. FATHER seeks primary custody of the following children: Damian Michael Hartman, age three (3), whose date of birth is November 23, 1998 and Matthew Eugene Hartman, Jr., age two (2), whose date of birth is September 14, 2000. 4. The children were born during wedlock. 5. The children are presently in the primary custody of GRANDPARENTS and in the partial custody of FATHER. - ." "I i -, ~~"' i"nl*I~,_, 6. During the past five (5) years, the children have resided with the following persons at the following addresses: A. From birth until January 2001 - with MOTHER and FATHER at 90 Northwood Manor, York Haven, Pennsylvania. B. From January 3, 2001 until October 21, 2001 - with MOTHER and Michael Cromwell at 182 Holiday Drive, Mechanicsburg, Pennsylvania and with MOTHER, Robert Nace and Glenda Fenicle in Mechanicsburg at an unknown location. C. From October 21,2001 until December 2001 - with FATHER at 309 Hummel Avenue, Lemoyne, Pennsylvania. D. From December 2001 until present - with GRANDPARENTS and Michael Guttie. 7. The MOTHER of the children is a Defendant. She is married to FATHER. 8. The FATHER of the children is Plaintiff. He is married to MOTHER. 9. The relationship of Plaintiff to the children is that of natural FATHER. The Plaintiff currently resides with his fiancee, Melissa Mumper and the minor children on a partial basis. 10. The relationship of Defendant to the children is that of natural MOTHER. The Defendant currently resides with 11. FATHER has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 12. FATHER has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. FATHER 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 "~~; 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: , ro. ther \A) (h.W rw L/ c,d.'" -t()Ol (.'n,\JreN ~,o..... rt\o~~r ... , -to .... . 9'1Ie.J \e,) t='o...\-her ~Q..h /110 \/:s+:.J.o..tJo.JS I wh;e.h he ':>'nouIJ e..vu'J ot'rQ.... vJ eeke",,) (c..) r-o,.t~ he..-:. \ 6Qtkr +tN~ to ~~UreN.s NeeJt.s l'Y\o<"'e ... ,,0C:I<t\ , Co.,J (D) t.h .IJ re;J :Jee<ns +" '1e.\ o..\bN"j <.,)l~" ~\\-q.... beH~1' (E) L".\~re,,\ C-I.re. be UtI' G\\ \.VIr\I~ (,J.;fh tt pc..re,,'~ Co..-\w 1~,,1 ct ;Vo../ - 'o\ooJ (t.\o.\:\\l 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. WHEREFORE, FATHER requests the Court to enter a Custody along the following lines: 1. Sole legal and physical custody of the children shall be with FATHER. Respectfully submitted, By M /ft71 M thew ,Hartman > -'.- 1'1<,;-,''-' C'~ " l.i:'i!l:U~lt, VERIFICA TION I, MA TTHEW E. HARTMAN, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.SA !l4904, relating to unsworn falsification to authorities. Date: ~ \.er, 5 .:Joc...::J I !1J!. E H,run," ~~i_W~il!ii;"''-;'*'"kWt;:",_",!~-->",j;;'''-''''~I~~.~ili1iL~'Th!l<\",,,~,,;,'''',,"e!''',,,,,~;,~~'.',-,j.J~<(ti' h:'Hk"Ii!$i"fu~~~~~~"~~~'ii~ilhil:'l1I: y""..- ,~"< '~iJ (') 0 0 C N .., s::: w :.3 -oeD rr1 )::;;"""'n ~ ~ ~ ml'.' -0 "j z:r) I ,..,r"n ~ ~ z,.. ~~j6 0?~' .- CI\ -<L'. .......... .:;;t::'.. 0 <u ~,,' " ~ Cl 4Cl _,.r" ~:;~,;' -..-C) ~c ~? C _,,-I - ~ ''-:) 55 \J( -< fv -< -.0 :, ~- j[ ~~ '--".'~~'~'~ ^~. .'0 "., ~,~,- . Jtjj, '. I. . ,'" ".--" -"jj:" , ~ "'&".~-;;, o NOV 1 0 Z004 2 MATTHEW E. HARTMAN, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA 01- ~'-I (gLj : NO. (12 3892' CIVIL TERM STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Stephanie Hartman, Defendant/Petitioner, to proceed in forma pauperis. I, Jessica Diamondstone, attomey for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessica iamondstone Grace D'Alo Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~~""':!l\&5Nillift;iGi-4-!<b~f!l,-iO~Ili..--,ilii;"'~MI&l~W~~~ti.~_.'" ,~~,~~ " ?a r!ft;" e ~ '"' ~'-- 1,.BlJ&tj . ~ " :,;i ~{'2::') ~ ;e \..:) .,,,;:: I 1.0 C) 'il "i1 rPi :n r-' "'om .~od ()(J. :T~"'~ (jjj .";.r') c;h? s;! ~J:J --< \) ~ C..:; .. ol:" .::- ...1 .,' '.... ,', J,i "-""" ,-- "'~W ! ... MATTHEW E, HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 01-2464 CIVIL ACTION LAW STEPHANIE M. NACE HARTMAN and JOHN GUTTlE and RHODA GUTTlE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this / IJ JA day of 0 U, , 2002, upon consideration of the attached CU,stody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 19,2001, is vacated and replaced with this Order. 2. The Father, Matthew E. Hartman and the Defendants, John and Rhoda Guttie shall share having physical custody ofthe Children, with the Father having custody during alternating weeks from Friday at 5:00 p.m., when the Gutties shall transport the Children to Denny's on the Carlisle Pike at 5:00 p.m., through Thursday between 6:00 p,m, and 7:00 p,m, when the Father shall transport the Children to his Mother's (Noreen Snow) residence in Camp Hill. The Father's alternating weekly periods of custody shall begin on Friday, October 11, 2002. 3. During his periods of custody, the Father shall ensure that Damion attends his regularly scheduled CAIU classes on Wednesdays in Sunnnerdale, 4, The Mother shall have periods of visitation with the Children as arranged by agreement of the parties. 5. The parties shall attend an additional Conference in the office of the Conciliator, Dawn Sunday, Esquire, on Tuesday, December 3, 2002 at 10:30 a.m, ~... - -~~ ~ -. L i:l ~- ,- ^ , . j;t'-: .. , , 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 Edward E. Guido, J. cc: Matthew E, Hartman, Father Stephanie M. Nace, Mother . John and Rhoda Guttie, Defendants ~ ~ /0-10-6.& :~j~~~~'~J&'~J~f;jH",<,;,-;;~iilliJit>.<ll%m;~#jlj",-;"{-iicti!,ii'u;,,,":; c,c""<':"'''~Sd'h<,hi!m;:''!i,'';!it"l$,'~~tt;Ill~~'~t(f"-~. , ~" J I" 1/>11;/17'''' -"\.it vDGn r; ,:":.,:1'}N3d ~' ',Ii' ':' 'j ,''-1 ' '. /, '.-:rr:;'~'1fn"'" .1, IV L' 'I .,,/ - .,] V, AINln, -'"I - "....,., .-:c'a_1~J- nll"'O. ~ I.J..J ?/7 .' J ,,/J ,)iI ~;'j , ' < J ,~, , .,,~ .,... ~, ~'", "..'11 -,/; ., "!l':: . 1;:;; J" ~, ;'- ,. : I, '", -'~ ""'~~'> MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2464 CIVIL ACTION LAW STEPHANIE M, NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Darnion Michael Hartman November 23, 1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on October 1, 2002, with the following individuals in attendance: The Father, Matthew E. Hartman, the Mother, Stephanie M. Nace (formerly Hartman) and John and Rhoda Guttie, the maternal grandmother's parents-in-law who have had custody of the Children since December 2001. None of the parties were represented by counsel at the Conference. 3. This Court previously entered an Order in this matter between the Mother and Father on June 19,2001 under which the Mother had primary physical custody and the Father had partial custody on alternating weekends pending completion of a custody evaluation, Primary custody of the Children was transferred to the Father during October and Novernber 2001 due to the intervention of Children and Youth Services. Thereafter, with the Father's consent, custody of the Children was transferred to John and Rhoda Guttie as the Father no longer had a residence. The Gutties have been working with Children and Youth Services since December 2001 to ensure that the Children have appropriate care and necessary services, The Father filed this Petition for primary physical custody as he has ;~:.i ~~ ~'. , ~ 1.1, -,c,',.-",,-. >'-t"", , established a residence with appropriate accommodations for the Children, The Mother indicated that she expects to be approved by Children and Youth Services for custody of the Children some time in December 2002 and may request a review of the custody arrangements at that time. The Gutties expressed reservations about the Father's ability to provide proper care for the Children but agreed to a gradual transfer of custody with a scheduled review, 4. The parties agreed to entry of an Order in the form as attached. Date ()~ /, ;+eDc;r , (~j4L~ Dawn S. Sunday, Esquire Custody Conciliator . ' :illli;I~1Ill'i.&I@b..~",";L~';;"1"-",g~""~"ik_~~,~;;t:~:k.,""-"-,*",.1iW:"j;,,,~i'H"'ld,"",,~"4,~.'-e~ 0",:1'c"~!bi__,i:ici,ii~,iI!i"'!l:*"j;;~_.;';i!im 11Jl g- , k/:) VINV,\lAS\J\j3d ,\.1.':nry) (1\\.(11 '-"-.""''':] l~ >.' \" U !" : -~;'-:!~ll'- s'~ :01 !i~ C". j ; "U.. J...... , ) 'tivl'I'~~\r:"'.J!' \ ~ J'" .j: 1,!- \.; _ j:J1:i~~~} (J": "" ~ - -~",~" ~-rr'ti""'~liWIt.~r "" <~ ~ "lifJ ~~ ~, . , . '..-- L I - ''''''" l!s....:,~..", _tIi!b{;, . . " MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2464 CIVIL ACTION LAW STEPHANIE M, NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ..Jtj ~ day of ~ , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 10, 2002, is vacated and replaced with this Order. 2. The Father, Matthew E, Hartman and Mother, Stephanie Nace Hartman, shall have shared legal custody of Damion Michael Hartman, born November 23,1998, and Matthew Eugene Hartman, Jr., born September 14, 2000. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not litnited to, school and medical records and information. 3. The Father shall have primary physical custody of the Children. 4, The Mother shall have partial physical custody of the Children on alternating weekends from Friday through Sunday, with the exchange times and place of exchange to be arranged by agreement of the parties, The Mother's alternating weekend periods of custody shall begin on December 13, 2002, 5. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 6, Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural ';., ',< 'I" -'1 '",;JOOii.Nill!ili,,:.">: . . 4 development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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. Edward E. Guido, J. cc:A.1atthew E, Hartman, Father /Stephanie Nace Hartman, Mother 0/ Rhoda and John Guttie, Defendants 7 LopUD~ n R'X~ J.;2-/~ -o&. r~Uamilb_llll~~ti'1i1(!(;;j';''''w,&l~4.':!t*,*-~~;i;fu'\3!>''M;3~i;"J;)c''k;'~~')"",-cic"ilJ,_,,"j,".M~;F~It.~~ l, . I-il' .'\.-l....11 (....~ "- l.i\i '1/\ 1^,Ji',ll\!3d "f"n'''"' ",-,,= I\.i.. \ 1,)_) ,'';'' ir~1,A?V~n:) ~U" ,n '" .., . '>- ~ __ ,,J ... v ;~U II J3D 20 AU'Lil"". " l"\" :' . "'<~ij 1.. JO , ~ ~ ,'n -~~~Irkl.liul'__ ~h ~' ": ii II . , "'" ",." il ~~'lr':t '~ 'L\ . MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2464 CIVIL ACTION LAW STEPHANIE M, NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigued Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion Michael Hartman November 23, 1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on December 3, 2002, with the following individuals in attendance: The Father, Matthew E, Hartman, the Mother, Stephanie Nace Hartman and Rhoda Guttie. None of the parties is represented by counsel in this matter. 3, The parties agreed to entry of an Order in the form as attached. f)'I'_~ ']/ Jf'l()~ Date !J~ Dawn S, Sunday, Esquire Custody Conciliator . . '--1,'__, '" ~ , " MATTHEW E. HARTMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ( 01-2464 CIVIL ACTION LAW STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on Wednesday, December 08, 2004 at 11:00 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 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 mav provide grounds for entry of a temporary or permanent order. The court herehy directs the parties to furnish any and all existing Protectiou from Abuse orders, Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: /s/ Dawn S, Sundav. Esq, Custody Conciliator mhc 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 baving 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 '" FiLED-OFFlCE OF THE PROiHONOTAHY ZG04 NOY 24 AM 10: 4 I Cl" ,-,--,.., ,... ""). 'I IT' .1f."f"",,;-,: .....:\,j 1 i'l 11\! V ~'''''-~' ",.. ~.....- .",;""v 'Ii f PENNSYLVANiA /('dcf.ov &4- ~ ~~' K$' II<J-r.tJ?'n~ ~ 't: ~9<--~ !1'c:2y', of/" ~ ~ t; 4 ~~ ~ I I f'~ .. . - . c;d fJJO ,)Jij " ~ <,,~ " "~~.~ ..,.o~,~-n~~~l1Iij:,!fjiWlt~;I""ilf:Wl"1l~-I'IfflI~~~"l~,,, 1~.I1~ I L l"U~' < ~1IilI!lilill!P,i. NOV 1 () Z004t' 9 I; , MATTHEW E, HARTMAN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA 01- ;)Y(,,'/ : NO, 02 3892 CIVIL TERM STEPHANIE MARIE HARTMAN DefendaJltlPetitioner and JOHN GUTTIE and RHODA GUTTIE DefendaJlts/Respondents CUSTODY TEMPORARY ORDER OF COURT AND NOW, this _ day of , 2004, at _ .m., upon consideration of the Petition for Modification, the following order is entered regarding the custody of Damion N. Hartman, born November 23,1998, and Matthew E. Hartman, Jr., bom September 14,2000: 1. The parties shall have shared legal custody of the children. 2, This matter is scheduled for a custody conciliation before the conciliator, , on , 2004, at ,m, , Pennsylvania. ill 3. DefendantlPetitioner is granted primary physical custody until the date of the custody conciliation. 4. PlaintifflRespondent IS granted periods of partial physical custody on alternating weekends until the date ofthe custody conciliation. BY THE COURT, J. ] ,~ ' 1<< ,';",--" Distribution: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Matthew Hartman 505 South 32nd Street Camp Hill, PA 17011 John and Rhoda Guttie 3912 Rauch Road Harrisburg, PA 17101 ,,<"",',.' ,',:J', ~,', l!iJ ~ " ~ : : ... -" '~ :,.:",,"- 'rL 0, ~ , Ji' .'0,;. . MATTHEW E. HARTMAN Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA (j'-~%'-I : NO, 02 3892~CIVIL ACTION STEPHANIE MARIE HARTMAN Defendant/Petitioner and : CUSTODY JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents PETITION FOR MODIFICATION Petitioner, Stephanie Marie Hartman, by and through her attomey, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant/Respondent, Stephanie Marie Hartman, hereinafter referred to as Mother, who resides at 2234 North 4th Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. The above-named Plaintiff/Respondent, Matthew E, Hartman, hereinafter referred to as Father, resides at, 505 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania, nOll. 3. The above-named Defendants/Respondents are John and Rhoda Guttie, who reside at 3912 Rauch Road, Harrisburg, Dauphin County, PA 17101. The Guttie's are Father's step-grandparents, hereinafter referred to as Step- Grandparents, -= ~ ", ' .' ~ ,-' .^ i l ~ ^ , 4, The above-named parties are the natural parents and step-great-grandparents of Damion M. Hartman, born November 23, 1998, and Matthew E. Hartman, Jr., born September 14, 2000, 5. A custody order was entered on December 10,2002, which in pertinent part granted Father primary physical custody of the children and gave Mother periods of partial physical custody on alternating weekends from Friday until Sunday, A copy ofthe order is attached as Exhibit "A" and incorporated herein by reference, 6, Mother is requesting this modification to the order of December 10, 2002, for the following reasons: a,) Father was incarcerated from November of2003 to January of 2004 for theft by deception, check fraud, and identity theft, During that time, Mother had primary physical custody of the children. b.) Since Father was released from incarceration in January 2004, he has failed to exercise his right to primary physical custody and visits with them on an arbitrary and sporadic schedule, c.) Mother has had primary physical custody of the children since Father's incarceration in November 2003, Il ,,'~, ~''''' ..> . , d.) Father does not have the ability to care for the children on a full time basis. e.) To uproot the children from Mother's home would be disruptive and would have a negative impact on the children's emotional well-being, f.) Mother lives with her boyfriend, James Brennan. Mr. Brennan has custody of his two children, Danielle and Michael. Mother and Mr. Brennan also have a daughter together, Brianna. All of these children live in the same household with Damion and Matthew, the subjects of the instant custody action. g.) Damion and Matthew have developed a close family relationship with the other children, Mr, Brennan and their mother. Removing Damion and Matthew from the home would disrupt the healthy and positive ongoing family relationship that currently exists. h,) Mother is fmancially stable and provides a good home and quality of life for the children, Mother also provides for the children's mental, educational, emotional and physical needs. 7. Mother fears that without this Court's intervention, Father will attempt to remove the children from Mother's home, '''lJ .'0 " .', "" ~' ,<:,1"" 'r.', , '~\' . , 8. It is unknown as to whether Father or Step-Grandparents have counsel and Mother is unable to seek a concurrence with the relief requested in this petition. WHEREFORE, Mother respectfully requests that this Court find that the best interests of the children are served by granting Mother primary physical custody. Mother also requests that this Court: a) Grant the parties shared legal custody ofthe children. b) Schedule this matter for a conciliation in order to modify the existing December 10, 2002 Order. c) Grant Father periods of partial physical custody on alternating weekends until a custody conciliation can be scheduled. d) Any additional relief the Court fmds just and proper. bmitted, Jess' a Diamondstone Attorney for Defendant/Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 I, - ,~, - ' [< =' _i,~' .,") '";t- ~ . . "' MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 01-2464 CIVIL ACTION LAW STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this JO ~ day of ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated October 10, 2002, is vacated and replaced with this 2. The Father, Matthew E. Hartman and Mother, Stephanie Nace Hartman, shall have shared legal custody of Darnion Michael Hartman, born November 23, 1998, and Matthew Eugene Hartman, Jr., born September 14, 2000. Each parent shall have an equal right, to be ex~rcised 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information, 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday through Sunday, with the exchange times and place of exchange to be arranged by agreement of the parties. The Mother's alternating weekend periods of custody shall begin on December 13, 2002. 5. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural A "'''''" - - . I ~ = .C,,"," "'. " .00; ~, . ,... ." development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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. Edward E. Guido, J. cc:IMatthew E. Hartman, Father ylStephanie Nace Hartman, Mother V Rhoda and John Guttie, Defendants :7 Lo-pUD~ -1"t RX~ )~-/~ -o&-. ~" '-'- ~~" - "'.~ --WA , , . .,.,... . MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2464 CIVIL ACTION LAW STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN CUSTODY PRlORJUDGE: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion Michael Hartman November 23,1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on December 3, 2002, with the following individuals in attendance: The Father, Matthew E. Hartman, the Mother, Stephanie Nace Hartman and Rhoda Guttie. None of the parties is represented by counsel in this matter, 3. The parties agreed to entry of an Order in the form as attached. -1)e.tQ.-nA~ 3, 6)('"j{,:4. Date Daq~ Custody Conciliator , ~ 00;1. !,:'lillLlli>l,,--' , , VERIFICATION The above-named Defendant/Respondent, Stephanie Hartman, verifies that the statements made in the above Petition for Modification are true and correct. Defendant/Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unswom falsification to authorities. Date: j/ II Ir)(j I I )/;yIlfJf:-. " ",,,;;,,> - ^' ,',j.",,",, '~";.J""'!' . " . " MATTHEW E, HARTMAN, PlaintiffJRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents : NO. 02-3892 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant/Petitioner, Stephanie Hartman, hereby certify that I have served a copy of the foregoing Petition for Modification on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Matthew Hartman 505 South 32nd Street Camp Hill, PA 17011 John and Rhoda Guttie 3912 Ralph Road Harrisburg, PA 17101 I, Jessica Diamondstone, verify that the statements made in this Affidavit 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. Date: \\ \C1 )(H Signature: -.-' ~~~~~(!iIm4l!ill.lii!ii~~i'Ii~;,.IL~~ilif.;p.....!j!Ji';J~,f;i"'1(~'~",*,i8lil~!W~"':'j;;,~~~""'''--''"iII_ ~ " ~~. ,- -- ,,- , ~~'""'" -~'~'Jil!l (/;, ty,& , ,n , ' , ,;( ~ ,.,., 0 = c.:.:;;~ -1'1 ,,,," ~ ,-1 ""~- .., c:;, FTi::IJ ."" r I :0[3 \.0 O,j -0 ~~fJ :J::: ~T() W orn >! .1.-:+ :Xl W ,..( Iii' ,I ~, -.' , -- .'~'~ ,',,"," --""q,;j; -,', , 'll'';,~, ,;."\ MATTHEW E, HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO, 01-2464 CIVIL TERM STEPHANIE MARIE HARTMAN and JOHN and RHODA GUTTIE, Defendants CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 21st day of January, 2005, after hearing, enter the following order that shall replace all prior custody orders: 1. The Mother, Stephanie M. Hartman, and the Father, Matthew E, Hartman, shall have shared legal custody of Damion M, Hartman born November 23, 1998, and Matthew E, Hartman, Jr., born September 14th, 2000, Each parent shall have an equal right, to be exercised jointly with the other parent to make all major nonemergency decisions affecting the children's well being including but not limited to all decisions regarding their health, education, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the children including but not limited to school, medical records and information. 2, Mother shall have primary physical custody of the children subject to partial physical custody of Father as follows: ,~,~~ ;~, .0' " ,I' !~" "~+;:j .. A, Every other weekend from Saturday at 9:00 a.m. until Sunday at 6:30 p,m, Provided, however, that if Father can make arrangements to take the child to school and return the other child to Mother, he may upon 24 hours notice to Mother extend that weekend visitation until Monday morning, B, At such other times as the parties agree, 3. Christmas vacation: Father shall have the children in odd numbered years from Christmas Day at noon until New Year's Eve at noon, In even numbered years, Father shall have the children from Christmas Eve at noon until Christmas Day at noon, 4, Thanksgiving vacation: In even numbered years the Father shall have the children from after school the day before Thanksgiving until 2:00 p.m. on Thanksgiving Day, On odd numbered years, from Thanksgiving day at 2:00 p,m, until 6:00 p.m, the day after, If his regularly scheduled weekend visitation falls on Thanksgiving weekend during odd numbered years, Father need not return the children until 6:30 p,m, Sunday evening. S.Father shall have the children every Father's Day from 9:00 a.m. until 6:30 p.m, 6, If Mother's Day falls on Father's regularly scheduled weekend, he shall return the children by ,w~ ._ ~~', \.' "'" , '" ' ~' , "" ..'.,z:h, ,,,,',~", ;".', liJt1i(i';') , . .. 10:00 a.m. on Mother's Day, 7. Father shall provide the transportation for his periods of partial custody, picking the children up at Mother's home or such other place as agreed upon and returning them to Mother's home or their school when appropriate. 8. The parties will modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. 9. Mrs, Guttie may have visitation with the children as agreed upon between her and Mother as long as it does not interfere with Father's periods of partial custody. Edward E, Guido, J. ~tthew E, Hartman, Father ~ssica Diamondstone, Esquire For Mother ~ohn and Rhoda Guttie, Paternal step-grandparents ~ O/-Jj-05 ~~~1it,",i~R;~1~f""",~>iJ.,W!i;tt."I~IM;)o-A""'''-':';;:1'1<; i!!;kYil;-ir"Ot"4:ril<'!'il~",m~'.io''''< ~"'"m""_.-";"-~" ,~, "5~_&~I!'tIiMiJiI\[:'l?~""".'" -".,J,.'uiiih1i!1 'if ~ -, .,,'- """r:,,")',,~ " ,", ,~,,~ ,",'<,<', ',~"~,~'~" ,~ Vfr,I\/,,"";f"- /~ ! Nni~'~j' r ~!I\,)NN".:{-l - j J,'-, " ';.',,'t!7':f?2YVno el] :8 14V 52 NVr 5ilU7 ).l!'j,lIt"', '''- v ,QVlurv(ji-!"-" ' :J"""J J "f-v(".Jd 3H; :!"J ..h.lQ"rl,.j'1"1" ... _.< '-' 1....1:.1 Ii::] .> ,-, ,'~~, ,'--' 6~ ~ ~, : llii~!_ Jl ~ ~ .. . ~