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HomeMy WebLinkAbout04-0193 THOMAS P. GLEASON, ESQUIRE I.D. NO. 82259 9 Lantern Lane Shippensburg, P A 17257 (717) 729-2511 Attorney for Plaintiff Matthew Hockensmith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, Plaintiff CIVIL ACTION - LAW vs. CUSTODY BRANDlE MENTZER, Defendant NO. D'-f - 1.tJ 3 <.. ~ v /, j~r"... COMPLAINT FOR CUSTODY I. The Plaintiff is Matthew Hockensmith (hereinafter referred to as "Matt"), residing at 65 North Mountain Road, Newville, P A 17241. 2. The Defendant is Brandie Mentzer (hereinafter referred to as "Brandie"), residing at 52 Garden Parkway, Carlisle, PA 17013. 3. Matt seeks custody of the following children: Patrick Hockensmith - age 6 Colton Hockensmith, - age 3 (hereinafter referred to as "the children") The children were born out of wedlock and are currently in the physical custody of plaintiff who resides at 65 North Mountain Road, Newville, PA 17241. During the past five years, the children have resided with the following persons and at the following addresses: Persons Matthew Hockensmith David & Susan Hockensmith Addresses 65 North Mountain Road Newville, P A 17241 Matthew Hockensmith David & Susan Hockensmith 65 North Mountain Road Newville, PA 17241 And 52 Garden Parkway Carlisle, P A 17013 Brandie Mentzer Matthew Hockensmith Brandie Mentzer 24 West GIebe Avenue Newville, PA 17241 Dates November, 2003 to Present October, 2002 to November, 2003 October, 2002 to November, 2003 January, 1999 to October, 2002. The mother of the children is defendant, currently residing at the address set forth in Paragraph 2 of this complaint. Defendant is unmarried. The father of the children is plaintiff, currently residing at the address set forth in Paragraph 1 of this complaint. Plaintiff is unmarried. 4. The relationship of plaintiff to the children is father. The plaintiff currently lives with his parents David and Susan Hockensmith and the children at the address set forth above in Paragraph 1. 5. The relationship of defendant to the children is mother. The last known residence for defendant was 52 Garden Parkway, Carlisle, P A 17013 where she lived by herself 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff 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. 9. For the reasons set forth below, it is in the best interest and welfure of the children to remain in the custody of plaintiff. Plaintiff is a responsible parent dedicated to the care and welfare ofthe children. Defendant's conduct routinely ignores the best interests of the children. Defendant is currently in an in-house rehabilitation center for her dependency on controlled substances. 9. Defendant mother shall have the right to reasonable partial custody of the children as the parties shall mutually agree. WHEREFORE, plaintiff respectfully requests your Honorable Court to grant the parties shared legal custody, and to grant primary physical custody rights to plaintiff and that partial custody will be as requested in Paragraph 9 above. Dated: January 13, 2004 By:~f~ THOMAS P. GLEASON 9 Lantern Lane Shippensburg, P A 17257 (717) 729-2511 Attorney for Plaintiff Attorney ID 82259 I verilY that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties 0 f 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~1~",~L. Matthew Hockensmith " " , "",' ., "'< I ,---, (-.- .~ " ,....- ..... ~ ~ ~ ,-,).) -'! '- .'>4 ~ .L:: "'\ -". c-- -(' ~ ....,., C.: '-.) "1'- \ ,) ~ t: ~ '" ~ FEB 1 1 2004 (' 0 MATTHEW HOCKENSMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-193 CIVIL TERM BRANDlE MENTZER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ----1ilL day of _FcL . ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Matthew Hockensmith, and the Mother, Brandie Mentzer, shall have shared legal custody of Patrick Hockensmith, born November 11, 1997 and Colton Hockensmith, born January 19,2000. 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. 2. Father shall have primary physical custody of the Children. 3. Mother shall have periods of partial physical custody on an alternating weekend basis at times agreed by the parties. 4. The parties shall share holidays as agreed. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, UL ~il cc: Matthew Hockensmith, pro se 65 North Mountain Road Newville, PA 17241 ~ Brandie Mentzer, pro se r 52 Garden Parkway Carlisle, PA 17013 J. ~ J,fCI,o,! C~, - . l~lJJ;!C(:" c~II~Jr;J 9Z : II ~!V 61 83.:l ~OOl Adv'lCl\C:ilOdd 3Hl jO 1J!:JoO-G3l::1 MATTHEW HOCKENSMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-193 CIVIL TERM BRANDlE MENTZER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Cus10dy Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Patrick Hockensmith Colton Hockensmith November 11, 1997 January 19, 2000 Father Father 2. A Conciliation Conference was held in this matter on February 10,2004, with the following individuals in attendance: The Father, Matthew Hockensmith, pro se, and Mother, Brandie Mentzer, pro se. 3. The parties agreed to the entry of an Order in the form as attached. ;2.-/u-o,-/ Date ~~ !vl.~~ ~acq lineM. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, Plaintiff NO. 2004-193 CIVIL TERM v. CIVIL ACTION - LAW BRANDIE MENTZER, Defendant IN CUSTODY PETITION FOR MODIFICATION OF FEBRUARY 18.2004 CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Brandie Mentzer, the Petitioner, hereby petitions this Honorable Court for the modification of the February 18,2004 Custody Order and respectfully represents that: I. Your Petitioner is Brandie Mentzer, residing at 52 Garden Parkway, Carlisle, Pennsylvania. 2. Your Respondent is Matthew Hockensmith, residing at 65 North Mountain Road, Newville, Pennsylvania. 3. On February 18, 2004 an Order of Court was entered pertaining to custody ofthe Children, Patrick Hockensmith, born November 11, 1997, and Colton Hockensmith, born January 19, 2000. A true and correct copy of said Order is attached hereto, marked Exhibit "A" and made a part hereof. 4. The Order of Court dated February 18,2004, should be modified because: a. Petitioner has been the primary caregiver for the children for the majority of their lives; b. Petitioner can better provide for the needs of the children; c. Petitioner is more likely to foster a relationship between the children and the other parent. 5. The Petitioner requests that the Order of Court dated February 18,2004 be modified to grant Petitioner primary physical custody of the parties' children subject to partial physical - 1 - custody rights for the Respondent. Legal custody of the children would remain shared. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the February 18,2004, Order of Court in accordance with the requests of the Petitioner. Respectfully submitted, ~~I ~LIFF, ESQUIRE ( 3448 Trin .l.Road Camp Hill, PA I 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner <:::: - 2 - VERIFICATION I verify that the statements made in the foregoing document 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. ~1~~~zt!lryA, Date: ,-~j; /(p! / EXHIBIT "A" 2/18/04 CUSTODY ORDER -4- FEe 7 1 2004 ~/ ( MATTHEW HOCKENSMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-193 CIVIL TERM BRANDlE MENTZER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COUR1: AND NOW, this ~ day of Fc:L . ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Matthew Hockensmith, and the Mother, Brandie Mentzer, shall have shared legal custody of Patrick Hockensmith, born November II, 1997 and Colton Hockensmith, born January 19,2000. 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. 2. Father shall have primary physical custody of the Chiidren. 3. Mother shall have periods of partial physical custody on an alternating weekend basis at times agreed by the parties. 4. The parties shall share holidays as agreed. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Matthew Hockensmith, pro se 65 North Mountain Road Newville, PA 17241 Brandie Mentzer, pro se 52 Garden Parkway Carlisle, PA 17013 BY~HE7i2 ~{l { . .~fi.- ~ /}-V'-A.,...l~ 02 ... I q - 0 'I ~, TRUE COPY FROi',,1 RECORD In T cstimony wharet'f, Iller;; tlf1to set my hand and thl~ ;Jl'lal of said Cm.lJ1c;t Gaiilsls, Pa.. . This"yt ./ltay 01 J,....~ .... W<.<. //y , MATTHEW HOCKENSMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-193 CIVIL TE~ BRANDlE MENTZER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Patrick Hockensmith Colton Hockensmith November II, 1997 January 19, 2000 Father Father 2. A Conciliation Conference was held in this matter on February 10, 2004, with the following individuals in attendance: The Father, Matthew Hockensmith, pro se, and Mother, Brandie Mentzer, pro se. 3. The parties agreed to the entry of an Order in the form as attached. ;J. - 10- D~I Date ~L-e Ivl. ~~ acq line M. Verney, EsqUlre Custody Conciliator '~~r~ ~ "'" ~ gJ. ~ -. {::! -" --\ ---S\ (") S ll''?;:. 3~,q::' ~. C-" . ~i-'" <C" _..I 2-SC1 :f.' c) ~" :~~:; ~ Ul N ......, = = J:- L. c::: r- I 0'\ ~ :i! nl.:D ~f9 :::56 ~-r; ("):!1 -::.0 t"-')fn ~~I '0 -< ..." ::x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, Plaintiff NO. 2004-193 CIVIL TERM CIVIL ACTION - LAW v. BRANDlE MENTZER, Defendant IN CUSTODY PRAECIPE Please enter the appearance of Diane G. Radcliff, Esquire on behalf of the Defendant, Brandie Mentzer, in the above captioned case. Respectfully submitted, ~~ . oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court lD # 32112 Attorney for Brandie Mentzer f? ri-fn' tJ{ r-'- ::::::(-. ~c :;,;;C; c- ~: - . J " -... <17 - :;;g ~ f::: ,..... I C/) ~ fi? ~ i?i:.n -:or-- -ol:n b? ::;:If;; ()::1-1 ;;>R c) ,-r{ :;..-; 2~? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, Plaintiff NO. 2004-193 CIVIL TERM v. CIVIL ACTION - LAW BRANDlE MENTZER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on July 10, 2004, I served a true and correct copy ofthe Petition to Modify Custody Order upon Matthew Hockensmith, the Plaintiff, by Certified Mail, Restricted Delivery, addressed as follows: Matthew Hockensmith 65 North Mountain Road Newville, PA 17241 The Certified Mail return receipt mailing card, or a wpy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. \ C-------' G. DCLlFF, ESQUI 3448 Trin Road amp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant . Complete items 1, 2, a~d 3. ,Also ~omplete item 4 if Restricted Delivery IS desired. . Print your name and address on the reverse so that we can return the card to you., , . Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: 'fJ1{d;i1UW 7/0~ IRS" 7). ~ -RaaL . ,4- ~ I~~t// C. Signature ~ X b ~ D. Is delivery address different from item 1? If YES, enter delivery address below: o Aaent_". U Addressee DYes o No 3. ~7ice Type ~rtlfied Mail o Registered o Insured Mail 0 C.O.D. .. __ DelIYooy? ~/i<Ie) o Express Mail o Return Receipt for Merchandise )lves . 2 Article N~ber Copy from service label) ';z. . "10 OOtJ,;".I PS Form 3811 , July 1999 Domestic Return Receipt 710 -<I g',;U/3 '102595-99-M- 1 789 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD .- (") ,...., .c:;~,. 0 C 5:2 '11 ;;::: ;:Rm L -, "T I'm c.: hlp 2::0 r- Zr-~ -nb (j)~ w ~< J -<.:.. :':::{() r:Q <: -0 ~r-T; >0 ~~~ ~g ~ ~ \ .~. 0 -,". ..(" (.",) -<. MATTHEW HOCKENSMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-193 CIVIL ACTION LAW BRANDIE MENTZER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before .[acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 29, 2004 at 9:30 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, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT, By: Isl Jacqueline M. Vemey. 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 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 VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbcrland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~p ~~~ ~cl ['/t. ~~ ~ ~fhtdcJ.u.!. /1?).Wr~ ~~'n /J9'E'/'L 'r/"] ~ '\.' r,', I ,....." . ~ I'" , 01\1 'Ji\ ' \ ......\/; \"~"'-I I 'I-Ice:. .. '.' .'. ...-. f\l.\..lt'" [..."."";'.1,.-..1"\ .i I" """'/\d Iv 9lJ :8 !,!d 81 lnnOOZ ) 'j'''Ji(''\lnl~ I C,'.J.J :JI- '1 JO \( .,._vi"'.I. ,"..U'..lCJ.,.J1 .:J :JJi:UO-Qjll:1 0, v MATTHEW HOCKENSMITH, Plaintiff JUL 2 2 2004 f' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRANDI MENTZER, Defendant : NO. 2004-193 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 2.-:11 rL day of ,2004, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: l. A Hearing is scheduled in Court oom No. d ,of the Cumberland County Court House, on the II ~ day of L-, 2004, at q '. O() o'clock, A . M., at which time testimony will be t n. JFor purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Cow1 and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary ofth,~ anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated February 18, 2004 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Brandi Mentzer, and the Father, Matthew Hockensmith shall have shared legal custody of Patrick Hockensmith, born November 11, 1997 and Colton Hockensmith, born January 19,2000. 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. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody of the children beginning July 23,2004: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. For the Labor Day weekend, Mother shall have physical custody of the children from Friday at 6:00 p.m. to Monday at 6:00 p.m. C. Such other times as the parties agree. 6. Thanksgiving shall be shared with Mother having the children from 9:00 a.m. to 3:00 p.m. and Father shall have the children from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. Transportation shall be as agreed by the parties. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms ofthis Order shall control. I~, \ cc: Diane G. Radcliff, Esquire, counsel for Mother? '", . b. , Thomas P. Gleason, Esquire, counsel for Fathe) II~ r'50/0r.{ y r- ,j; >, ~ 'Z5 :~ $ ~ ~ ~ (;:~~ ')~ : ~ '.~.'l~ J :!l') ; ~1. ...... '@:"'. . ..;:r .'.._ u...cIi5::'" ~ ~ ( Vt;\/t'AV.St'HEld '\JJ.:rf'1~r, "-"'''~J I' ! , 'i.;~";'!V'I' . I.\.. '..- ,. ._.. '_~, . I It :6 WI Ot 7nr'lOOZ AW10NOi-/10l:Jd aHl .:10 301:i;iO-Q37l:J ,- JUL 22 2004 (, MATTHEW HOCKENSMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW BRANDI MENTZER, Defendant : NO. 2004-193 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURID:NTL Y IN CUSTODY OF Patrick Hockensmith Colton Hochensmith November II, 1997 January 19,2000 Father Father 2. A Conciliation Conference was held July 21,2004 with the following individuals in attendance: The Father, Matthew Hockensmith, with his counsel, Thomas P. Gleason, Esquire, and the Mother, Brandi Mentzer, with he:r counsel, Diane G. Radcliff, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated February 18,2004 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends and! shared holidays. Mother filed a Petition to Modify seeking primary physical custody. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody but would compromise with shared physical custody. Mother maintains that she was the primary caregiver of the children prior to her drug rehabilitation. She asserts that she has successfully completed rehabilitation and is currently clean. She asserts that Father too has a drug history including dealing drugs. The parties reconciled for approximately 6-8 weeks this summer, during which time Mother cared for the children during the day while Father was at work. A legal custody issue also is presented as Mother wishes the children to enroll in private school where they attended last year. She objects to the public school where Father lives. Mother is willing to pay for the private school. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having an alternating weekend schedule and contact during the week. Father maintains that Mother's drug use creates a safety issue for the children, that her home is not appropriate for the children and that a shared physical custody arrangement does not provide the stability that the children need to thrive. He further believes that a criminal drug charge is pending against Mother. Father discounts the recent reconciliation when Mother cared for the children alone during the day. He suggests that he provided oversight of Mother's care in the morning, evenings and overnight. With regard to the legal custody issue, Father believes public school is appropriate, that there is an outstanding bill that Mother owes to the private school and that Mother cannot afford the private school tuition. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Father primary physical custody with mother having alternating weekends and holidays as set forth. It is expected that the Hearing will require one-half day. 1-U'ut( Date .' /v11~ / I Jac ueline M. Verney, Esquire IS Custody Conciliator MATTHEW HOCKENSMITH, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERI~AND COUNTY, PENNSYLVANIA BRANDlE MENTZER, DEFENDANT 04-0193 CIVIL TERM AND NOW, this ORDER OF COUR"[ l r'), th. day of August, 2004, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Matthew Hockensmith and Brandie Mentzer shall have joint legal custody of Patrick Hockensmith, born November 11, 1997, and Colton Hockensmith, born January 19, 2000. (3) The mother and father shall have joint physical custody of Patrick and Colton on a week on and week off basis with exchanges on Sundays at 6:00 p.m. (4) Thanksgiving shall be shared with mother having the children from 9:00 a.m. to 3:00 p.m. and father having them from 3:00 p.m. to !l:OO p.m. (5) Christmas shall be divided into Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26th at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. (6) During the 2004-2005 school year, the chi/dren shall attend school in the Big Spring School District. 50 :2 \,:d L! flODl (7) The parent delivering the children on Sundays shall provide transportation for the custody exchange. (8) At some point during every three week period for the next six months the Cumberland County Probation Office shall randomly tElst the mother and father (not necessarily at the same time) for drugs. Each parent !shall report for such drug testing when directed by probation. This judge shall be notified by the probation office only of any positive drug test or if any parent fails to appear as directed. Upon any such notification this judge will notify the attorneys for the parents. The probation office may Edgar B. Bayley, J. assess a charge on each parent for said drug test. By th.e Court, / / /, ~ Aomas P. Gleason, Esquire For Plaintiff ,';oiane G. Radcliff, Esquire For Defendant Cumberland County Probation Office _ ~- t:k~.,( =1.'-. y/l7/6'{ :sal " {l.D~ Of6' MATTHEW HOCKENSMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-193 CIVIL ACTION LAW BRANDlE MENTZER Defendant IN CUSTODY PETITION FOR AN EMERGENCY HEARING IN CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Matthew Hockensmith, the Petitioner, hereby petitions this Honorable Court for an emergency hearing in custody to temporarily modify an August 17, 2004 Custody Order entered by this Court and respectfully represents that: 1. The Petitioner, Matthew Hockensmith, resides at 65 North Mountain Road, Newville, Pennsylvania 17241. 2. The Respondent is Brandie Mentzer whose last known address was 52 Garden Parkway, Carlisle, Pennsylvania 17013. 3. On August 17,2004, after a half day hearing before the Honorable Edgar B. Bayley, an Order of Court was entered pertaining to custody of Patrick Hockensmith, born November 11,1997, age seven (7) and Colton Hockensmith, born January 19,2000, age four (4). (A true and correct copy of the Order is attached and marked as Exhibit "A"). 4. The August 17,2004 Order provided for joint physical custody on a week on and week off basis with exchanges on Sundays at 6:00 p.m. (See Exhibit "A"). 5. It is in the best interests of the children for this Honorable Court to hold an emergency hearing to temporarily modify the Order of Court dated August 17, 2004 because: a. Petitioner received a letter from Big Spring School District advising that Patrick has missed nine (9) days of school this year which have occurred during periods when Respondent had custody of the children. (A true and exact copy of the December 6, 2004 letter from Principal Linda Slusser is attached hereto and marked as Exhibit "B"). b. Petitioner received a certified "First Notice" from Big Spring School District for "3 unlawful days of absence" for Patrick for the days of November 23-24, 2004 and December 6, 2004 which were days in which the Respondent had custody of the children. With any additional absences, Petitioner faces a hearing with the District Justice and up to a $300.00 fine. (A true and exact copy of the December 7, 2004 notice from Principal Linda Slusser is attached hereto and marked as Exhibit "C"). c. On at least three occasions, Respondent has failed to appear at the offices of Cumberland County Adult Probation for mandatory drug testing as set forth in Paragraph 8 of the August 17,2004 Order of Court. (True and exact copies of Memos dated October 19, 2004, October 26,2004, and December 13, 2004 from Mike Varner to the Honorable Edgar B. Bayley are attached hereto and marked as Exhibit "D", Exhibit "E" and Exhibit "F" respectively); d. Respondent was evicted from her residence at 52 Garden Parkway in Carlisle and has moved to a home in Newburg, Pennsylvania that is believed to be owned by William Brehm, an adult male whose background in unknown to Petitioner. e. It would be in the best interests and welfare of the children to remain in Petitioner's sole custody until a custody hearing can be held to address the issues set forth above in this paragraph. 6. The Petitioner requests that the Court hold and emergency hearing for the purpose of temporarily modifying the Order of Court dated August 17, 2004 to grant Petitioner sole physical custody or primary physical custody of the children subject to periods of temporary physical custody as the Court deems appropriate. 7. The Petitioner requests that legal custody remain shared. WHEREFORE, Petitioner, Matthew Hockensmith, respectfully requests this Honorable Court to hold an emergency hearing in custody in accordance with the requests of the Petitioner set forth above. Respectfully submitted, ~ ~? i!~ ~~AS P. GLEASON, ESQUIRE 95 Airport Road Shippensburg, P A 17257 (717) 729-2511 Supreme Court ID No. 82259 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. , ~ J1~~.ytJl'J:'~ MA iiH'Ew HOCKENSMITH Il.h'f fLoay DATE ---- MATTHEW HOCKENSMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDlE MENTZER, DEFENDANT 04~0193 CIVIL TERM AND NOW, this ORDER OF COURT l ~ ~ day of August, 2004, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Matthew Hockensmith and Brandie Mentzer shall have joint legal custody of Patrick Hockensmith, born November 11, 1997, and Colton Hockensmith, born January 19,2000, (3) The mother and father shall have joint physical custody of Patrick and Colton on a week on and week off basis with exchanges on Sundays at 6:00 p.m. (4) Thanksgiving shall be shared with mother having the children from 9:00 a.m. to 3:00 p.m. and father having them from 3:00 p.m. to 9:00 p.m. (5) Christmas shall be divided into Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26th at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. (6) During the 2004-2005 school year, the children shall attend school in the Big Spring School District. ;- \\ -l-'{ f.)( ~h6(T ~ ~' (7) The parent delivering the children on Sundays shall provide transportation for the custody exchange. (8) At some point during every three week period for the next six months the Cumberland County Probation Office shall randomly test the mother and father (not necessarily at the same time) f0r drugs. Each parent shall report for such drug testing when directed by probation. This judge shall be notified by the probation office only of any positive drug test or if any parent fails to appear as directed. Upon any such notification this judge will notify the attorneys for the parents. The probation office may ~' BY~Court, Edgar B. Bayley, J. assess a charge on each parent for said drug test. Thomas P. Gleason, Esquire For Plaintiff Diane G. Radcliff, Esquire For Defendant Cumberland County Probation Office :5al ~'" ~ BIG SPRING SCHOOL DISTRICT Frankford Elementary School 3967 Enola Road Newville, P A 17241 717-776-2025 ATTENDANCE CONCERN . ~-...--' December 6, 2004 Mr. Matthew Hockensmith 65 N. Mountain Rd. Newville, PA 17'241 Re: Patrick Hockensmith Dear Mr. Hockensmith: We, at the Big Spring School District, are concerned about the attendance of Patrick. He has now accumulated 9 absences and 1 tardies thus far in the 2004-05 school year. This exceeds the average for students in our district. In order to provide the best education possible, it is necessary that a student be in school on a regular basis. If your child accumulates 3 or more additional absences, a medical requirement letter may be issued by the school. - We would appreciateyotlrcooperaJ:i~~matter. If there are any unusual circumstances that would affect the stude'1t'sattendance, or if you have any questions, please contact me at 776-2025. H.espectfu lIy, ~'V~ Linda Slusser, Principal cc: Home and School Visitor file Note: Please call us at 776-2025 if your child is going to be absent. E)( \'\ '\=t..\T \.\ 3 II . >,.,.~ ......--,. BIG SPRING SCHOOL DISTRICT Frankford Elementary School 3967 Enola Road Newville, PA 17241 717-776-2025 FIRST NOTICE (3 unlawful days of absence) December 7, 2004 Mr. Matthew Hockensmith 65 N. Mountain Rd. Newville, PA 17241 Re: Patrick Hockensmith Dear Mr Hockensmith: I am writing to you in compliance with the School Laws of Pennsylvania regarding the school attendance of your child. Patrick has accumulated nine days of absence this school year and three of these absences must be classified as unlawful. The unlawful absences occurred as follows: DATES November 23, 24, 2004 December 6, 2004 REASON Didn't have a car Didn't have a car The message which appears below is intended to advise all parents and guardians regarding the School Code of Pennsylvania as it applies to compulsory attendance. It is a statement intended to inform parents and guardians regarding the law and is provided as a courtesy to you. The School Laws of Pennsylvania (Section 1354) require a school official to notify the parent or guardian of this violation of the compulsory school attendance provision of the Public School Code. There is no penalty associated with a First Notice, a notice that is sent when a student has accumulated three days or more of unlawful/unexcused absence from school; however this is your official notice that school personnel are required by School Code to notify the District Justice j.f the .student listed above has another unlawful absence during this school year. Currently, the penalty for each offense is $52.00 for court costs and as much as $300.00 per citation at the discretion of the District Justice. In lieu of a fine, a parenUguardian may be sentenced by the District Justice to complete a parenting education program. Also, in lieu of, or in addition to, any other sentence, the District Justice may order the parenUguardian to perform community service for a period not to exceed six months. Failure to pay the fine'or serve the sentence could result in the parenUguardian being sentenced to the county prison for a period not to exceed five (5) days. The District Justice may suspend a student's operating (driving) privileges with the Department of Transportation for any student 13 years of age and older for 3-month and 6-month periods. Students may also be referred to Children & Youth Services requesting services for a dependent child. . If you have any questions regarding this state law or school policy, please feel free to call me at 776-2025. Respectfully, ~~~~/J Linda Slusser, Principal cc: Home and School Visitor Guidance file t=x\-\' ~T \\ <:. I( Cumberland County Adult Probation Mem.. To: Judge Edgar B. Bayley From: Mike Varner Date: 10/19/04 Re: Matthew Hockensmith v Brandie Mentzer 04-0193 Civil Term This is to alert you that Brandie Mentzer failed to appear for a urine test as scheduled on Monday,- October-.1-8,2004. --She-also did not call--to-offerany---- explanation for the missed appointment. 10 I~ Co~\ , ~ WJ'ft- . . Page 1 \:-)(\_\\ 6\ '\ \\ D II '" Cumberland County Adult Probation Memo To: Judge Edgar B. Bayley From: Mike Varner Date: 10/26/04 Re: Matthew Hockensmith v Brandie Mentzer 04-0193 Civil Term On October 19, 2004 I notified you that Brandie Mentzer had failed to appear for a scheduled urine test on October 18, 2004. You instructed me to contact her and continue with the testing. On Friday, October 22, 2004 I spoke with Brandie and scheduled her to appear for a urine test on this date (10/26/04) at 9:00 A.M. She again failed to appear as scheduled, nor did she contact me to offer any excuse for her non- appearance. . Page 1 \\ cr j:-x\-\ \\3\\ E. Cumberland County Adult Probation Memo To: Judge Edgar B. Bayley From:Michael Varner Date: 12/13/04 Re: Matthew Hockensmith v Brandie Mentzer 04-0193 Civil Term With regard to Brandie Mentzer, her last appearance for a urine test was November 3, 2004. On November 29, 2004 she failed to appear for a urine test, however, left a voice mail message on my phone indicating she could not find a ride to the courthouse. I subsequently heard nothing from her, so I left her a phone message on December 8. 2004 to contact me the next day. As of this date (12/13/04) she has not contacted our department. Do you want me to continue to make attempts to contact her? " L,'~ . Page 1 \\ - I( Extt\3rT \- r-- rt . \~ ~ ~ ! , } & lr\ c. 2, "- v, CX\ ..t. () "'-J n (-'- ....." c::\ 'C';) ,,- C":' r,l ("-..i .:) -'II "~ .,.,~' .-.,", J " (" . . 11 . .~ -'j' ; C.) . ---'j . ) ~ r' f1 l -,'1 (. ) (":) C'; :':l MATTHEW HOCKENSMITH, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDlE MENTZER, DEFENDANT 04-0193 CIVIL TERM ORDER OF COURT AND NOW, this Ib day of December, 2004, a hearing on the petition of Matthew Hockensmith for emergency relief, is scheduled for Wednesday, December 29, 2004 at 3:00 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ./ ~omas P. Gleason, Esquire For Plaintiff "~~\~ \ _ ~ne G. Radcliff, Esquire ~ ~ For Defendant :M ~ :sal '-1 0 0' ..., r:L#?J " ,; L ~."_ Ul f-: , I (,j 0"'\ ~"'"...J , , 1._--- ;---- ~-) f.,; L::'J t~i <"'-I CI .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, NO. 2004-193 CIVIL TERM Plaintiff v. CIVIL ACTIOI~ - LAW BRANDlE MENTZER, Defendant IN CUSTODY CUSTODY ORDER AND NOW, th~ day of O~ ,2004, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the terms and provisions of the parties' Stipulated Custody Agreement are incorporated into this Order and entered as an Order of this BY THE COURT: J. Court the same of if fully set forth herein. I ; Distribution To: / Attorney for Plaintiff: Thomas P. Gleason, Esquire, 95 Airport Road, Shippensburg, PA 17257 Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Cof/€.S ?~,;;;{Jf 91 'rXAJ /~/):=t/o'l ~ . \flNV^lASNt~3d UJ~ 'n....1"'\ n' '. '..,~ '-''''\'/llt'Y'\ I . '\ Uu vh,/ L1jljy I Iv CS : I Wd 6Z 330 ~DOl AtlVIONOH10od 3Hl ::iQ 30H:!o-G31l:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW HOCKENSMITH, NO. 2004-193 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW BRANDlE MENTZER, Defendant IN CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW This ~y 6f~ CJL-.J~ , 2004, Brandie Mentzer ("Mother") and Matthew Hockensmith ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Patrick Hockensmith, born on November 11,1997; and Colton Hockensmith, born on January 19,2000 (the "Children"): A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Pursuant to the foregoing the following shall apply: A.1 Maior Decisions to Be Made Jointly: Major decisions concerning the Children's including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Children's best interest. Without limitation as to the foregoing, decisions regarding special schools and/ or instructions; choice of day care provider; all necessary medical and dental treatment; psychotherapy; decisions involving actual or potential litigation involving the Children directly or as a beneficiary, other than custody litigation; public or private school education, whether secular or religious; scholastic and athletic pursuits and other extracurricular activities; enrollment or termination in a particular school or school program; advancing or holding the Children back in school; authorizing enrollment in college; authorizing the Children's driver's license or purchase of an automobile; authorizing employment; authorizing either Children's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application or exchange student status, shall be considered major decisions to be made by the Parents jointly, after discussion and consultation with each other. - 1 - A.2 Emergency Decisions: With regard to any emergency decisions which must be made, the Parent having physical custody of Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, but that Parent shall inform the other Parent of the emergency and consult with him or her as soon as possible. A.3 Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Children, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents including, but not limited to doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel. AA Information Exchange: Each Parent shall provide the other Parent with information and copies of documents pertaining to the well be:ing of the Children including, but not limited to, the Children's report cards, school meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic tests, notices of activities, special event notifications, order forms for school pictures, communications from health care providers and the like within such reasonable time as to make the records and information of reasonable use to the other Parent. A.5 Notice of Activities: Each Parent shall provide the other Parent with reasonable advance notice of school or other extracurricula r activities. A.6 Appointments: The Parent arranging any non-emergency medical, dental, optical, psychological appointments and/or treatments for the Children shall provide the other Parent with reasonable advance notice of any sLlch appointment. A.7 School Absences: The custodial Parent shall notify the other Parent of all school absences and the reason for such absences. A.8 Mail: Each Parent, upon receipt of mail or packages addressed to the Children from the other Parent or any member of the other Parent's family, shall see to it that such unopened mail or packages are immediately given to the Children. A.9 Alcohol and Drugs: During any period of custody or visitation, neither Parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages to the point of - 2 - intoxication in the presence of the Children. Further both Parents are prohibited from giving the Children alcoholic beverages or controlled substances to use and/or consume. A.10 No Derogatory Comments: Neither Parent wlll undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. A.11 No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/ or any pending legal action to the other Parent. A.12 Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her phone number where the Children can be reached when in that Parent's custody. Each Parent, step-parent, or live-in mate shall not unreasonably interfere with the Children's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Children calls the other Parent upon receipt of any phone message requesting such a return call. A.13 Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/home address where the Children can be reached when in that Parent's custody. A.14 Temporary Absence from Commonwealth: If either Parent intends on removing the Children from his or her residence for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. A.15 Relocation: Neither Parent shall remove the Chil.dren from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without first obtaining the other Parent's written consent or a court order approving said relocation. - 3 - A.16 Seat Belts: During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Children. B. PHYSICAL CUSTODY: The following shall apply regard'ing physical custody of the Children: B.1. Primary Custody: Father shall have primary physical custody of the Children, subject to the custody schedule hereafter set forth. B.2. Partial Custody: Mother shall have rights of partial physical custody of the Children, subject to the custody schedule hereafter set forth. B.3. Custody Schedule: The Parents' rights of physical custody shall be in accordance with the following schedule: 3.A. Primary Custodian's Periods: Father shall have physical custody of the Children for all periods not specifically reserved for Mother in herein. 3.B. ~. 3.e. 3.D. f"1 I-I '- I Alternating Weekends: The Parents shall alternate physical custody on alternating weekends from Friday at 6:00 pm until Sunday at 6:00 pm. Mother's ~ - first weekend shall be the weekend O~~(\O~11 f 'UX>~ . Mid-Week Period: Commencing ~~~J LOOS"" , Mother shall have physical custody Wednesday evening of each eek from 'f~co pm until":~rY'l pm. ~ ~~ lL(""~ \:)~ c1J~-\--~ ~eo-f . Holidays/Special Days: Physical custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS/SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Memorial Day Independence Day Labor Day - 4 - HOLIDAYS/SPECIAL DAYS TIMES EVEN YEARS ODD YEARS r/J' f)-If, Thanksgiving Day 1 st Half qtl..\^t\ -\0 ~~ ~ f"n Thanksgiving Day 2nd Half 3 fY\ ~ '1 t> ryl Christmas 1st Half ~"'" on. n..J1.,,"~ g'f~ Christmas 2nd Half Mothers Day Fathers Day Children's Birthday 3.E. Summer Vacation Time: Each Parent shall be entitled t ~"'-l.Jl....,. (3) uninterrupted weeks of physical custody of the Children under and subject to the following terms and conditions: E.1. on-Consecutive Weeks: The weeks are to be exercised non-consecutive one (1) week periods. E.2. Times: Each week shall run from Sunday at 6:00 pm until the following Sunday at 6:00 pm. Each week shall encompass the selecting Parent's regular alternating weekend. E.3. Advance Written Notice: Each Parent must provide the other Parent with at least t.-Rirty (30) da~ a~nce written notice of his or her intention to exercisf~E~ese p~ys~cal cus.tody weeks. EA. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise physical custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. BA. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. - 5 - B.5. No Interruption: In the event a Parent is to have custody for a physical custody periods, which immediately precedes or follows another physical custodial period to which that parent is entitled, that Parent shall have custody of the Children without interruption between the two (2) physical custody periods. B.6. Special Provisions Regarding Weekend Switchinl~: The foregoing notwithstanding, if the exercise of any of the foregoing physical custody periods result in a Parent having physical custody for more than two (2) consecutive full weekends, the Parents shall switch weekends so that neither Parent has physical custody for more than two (2) consecutive full weekends. Otherwise the alternating weekend schedule shall not be modified. B.7. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. If such modification is in writing signed by both Parents, it shall be binding upon the parties to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. B.8. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents as follows: M The Parent receiving custody of the Children shall provide the transportation for {h~ custodial exchange. #' k.) ~ The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. 1'1 N, \J~] The transportation necessary for the custodial exchanges herein set forth shall be provided by Mother. ~[~ B.9. Unavailability: In the event either Parent is going to be out of town or is otherwise unavailable to exercise his or her custodial periods, they shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. - 6 - e. ENTRY OF COURT ORDER: The parties authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: ~-P~ ~~~ MATTHEW HOCKENSMITH {SEAL} Date: L/e ,., (~ or {SEAL} . Z q 01- - 7 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY ANIA MATTHEW HOCKENSMITH, NO. 2004-193 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW BRANDlE MENTZER, Defendant IN CUSTODY PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW, this day of March, 2005, comes the Petitioner, Diane . Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly a horized to practice law in the Commonwealth of Pennsylvania and having a pri ipal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Plaintiff in this action is Matthew Hockensmith and is currently rep sented by Thomas Gleason, Esquire 3. Defendant in this action is Brandie Mentzer and is currently represent d by Diane G. Radcliff, Esquire. 4. This is an action for or involving custody. 5. Since Diane G. Radcliff, Esquire has undertaken the representation of Brandie Mentzer the following events have occurred which make it i impractical for her to continue in this legal representation: efendant, ossible or A. Defendant has incurred a substantial balance in attorneys fe s owed to Petitioner and has failed to pay the balance owed when due in ccordance with the terms of her fee agreement with the Petitioner. B. There is no action currently pending in this case. 6. Petitioner has contacted Plaintiff's legal counsel regarding th Petition. Plaintiff's legal counsel has: A, [] not responded to the inquiry; B. [X] advised Petitioner that the requested relief is not 0 osed; See Exhibit "A" attached hereto and made a part hereof. c. [] advised Petitioner that the requested relief is opposed. 7. Petitioner has contacted the Defendant regarding this Petition. Def dant has: A. [X] not responded to the inquiry; B. [] advised Petitioner that the requested relief is not oppose c. [] advised Petitioner that the requested relief is opposed; D. [] desires to represent herself in this action and has executed his appearance pro se in this matter which will be filed of reco granting of the relief requested in this Petition. 8. This case has previously been assigned to the Honorable Edgar E. Ba ley. n entry of upon the WHEREFORE, the Petitioner respectfully requests this Honorable Court to en er an Order granting her leave to withdraw as legal counsel for Defendant, Brandie Me zero Respectfully submitted, R D indle Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 VERIFICATION I verify that the statements made in the foregoing document are true nd correct. I understands that false statements herein are made subject to the pen lties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,.- \ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL\ NIA MATTHEW HOCKENSMITH, NO. 2004-193 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW BRANDlE MENTZER, Defendant IN CUSTODY STATEMENT OF POSITION REGARDING PETITION TO WITHDRAW AS LEGA COUNSEL I, Thomas P. Gleason, Esquire, Attorney for Plaintiff, Matthew Hockensmith, t reby state that the following is my position regarding the Petition to Withdraw as Leg Counsel: [ ] I oppose the Petition and state that Diane G. Radcliff, Esquire sh uld not be granted leave to withdraw as legal counsel for the Defendant, Brand Mentzer. [I I do not oppose the Petition and state that Diane G. Radcliff, Esquir should be granted leave to withdraw as legal counsel for the Defendant, Brandi Mentzer. ~M~P, r'n. Thomas P. Gleason, Esquire CERTIFICATE OF SERVICE AND NOW, this day of March, 2005, I, DIANE G. RADCLIFF, ESQ RE, hereby certify that I have this day served a copy of the foregoing document upon t following named person(s), by mailing same by first class mail, postage prepaid, a dressed as follows: Thomas P. Gleason, Esquire, 95 Airport Road, Shippensburg, 17257 AND Brandie Mentzer, 156 Newville Road, Newburg, PA 17240 --- Respectfully submitted, " - / IVIAR 1 8 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY ANIA MATTHEW HOCKENSMITH, NO. 2004-193 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW BRANDlE MENTZER, Defendant IN CUSTODY ORDER AND NOW, this 2-l day of _~ , 2005, upon conside tion of the within Petition, IT IS HEREBY ORDERED that Diane G. Radcliff, Esquire is her by granted leave to withdraw her appearance as legal counsel for the Defendant, Bran l~/ BY THE COURT / Ij Distribution to: / /Al!P"ney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 1701 ",)'<ftorney for Plaintiff: Thomas P. Gleason, Esquire, 95 Airport Road, Shippensburg, PA 1725 v-6efendant Brandie Mentzer. 156 Newville Road, Newburg, PA 17240 e Mentzer. JUDGE c :\ : " '.1' ;;,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLIJANIA MATTHEW HOCKENSMITH, : NO. 2004-193 CIVIL TERM Plaintiff v : CIVIL ACTION - LAW BRANDlE MENTZER, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Withdraw my appearance on behalf of the Defendant, Brandie Mentzer, in ccordance with this Court's Order dated March 5, Date: March 24, 2005 j;. \. r..' ':,1 Li ;.:;.:.:;1 "'"Ii -..:f1 .-.,.-, f"'~ '-.0 wI , (.;l; C:. '.!