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HomeMy WebLinkAbout08-5814DONALD A. GLATFELTER, Plaintiff VS. TONYA GLATFELTER HARTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. os • s8 ?y (??? : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, York, Pennsylvania. 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 DONALD A. GLATFELTER, Plaintiff VS. TONYA GLATFELTER HARTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-3 PY : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Donald A. Glatfelter, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain custody of Donald Andrew Glatfelter, age 9 years, born July 23, 1999. COUNT I - COMPLAINT FOR CUSTODY 1. Plaintiff is Donald A. Glatfelter, an adult individual who currently resides at 117 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is Tonya Glatfelter Hartz, an adult individual who currently resides at 334 Old York Road, New Cumberland, York County, Pennsylvania 17070. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. Plaintiff seeks primary custody of Donald Andrew Glatfelter, born July 23, 1999, (hereinafter the child), who currently resides at 117 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. The child was born out of wedlock. 7. The child is presently in the shared custody of Plaintiff, Donald A. Glatfelter, who currently resides at 117 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, and with Defendant and her husband Douglas Hartz and Defendant's daughter Sabrina, at 334 Old York Road, New Cumberland, Pennsylvania. 8. During the past five years the child has resided with the following persons at the following addresses: A. From Birth to end of May, 2007 at 117 Simmons Road, Mechanicsburg, Pennsylvania, with Plaintiff and Defendant; B. From June 2007 until end of August, 2008, at 42 East Locust Street, Mechanicsburg, Pennsylvania with mother, and with father at 117 Simmons Road, Mechanicsburg, Pennsylvania. C. From September 2008 to the present at 117 Simmons Road, Mechanicsburg, Pennsylvania with Plaintiff and also at Old York Road, New Cumberland, Pennsylvania and with Defendant and her husband Douglas Hartz and Defendant's daughter Sabrina, at 334 Old York Road, New Cumberland, Pennsylvania. 9. The mother of the child is Tonya Glatfelter Hartz, and she has a present address of 334 Old York Road, New Cumberland, York County, Pennsylvania 17070. 10. The father of the child, Donald A. Glatfelter, has a present address of 117 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania. 11. The relationship of the Plaintiff to the child is that of natural father. 12. The relationship of the Defendant to the child is that of natural mother. 13. The Plaintiff has not participated as a party in any action brought by Defendant or any other persons relating to the custody of the child. 14. The Child has been enrolled in Cumberland Valley School District since kindergarten. 15. The child does well in school. 16. Defendant has moved out of the Cumberland Valley School District. 17. Defendant has remarried; her new husband is Douglas Hartz. 18. Defendant wishes to relocate the child to the Red Land School District. 19. Plaintiff desires to maintain the primary physical custody of the child with reasonable periods of partial physical custody with Defendant. 20. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the father of the child. b. Plaintiff has been present in the life of the child since his birth. C. Plaintiff can continue to provide a stable home for the child. d. Plaintiff will maintain the child in the Cumberland Valley School District where the child presently attends school. WHEREFORE, the Plaintiff requests this Honorable Court to issue a temporary Order granting Plaintiff full legal and physical custody of the child until further Order of this Court. Respectfully submitted, VJ, X . Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date•? 0 Attorney for Plaintiff VERIFICATION I, Donald Gladfelter, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Donald Gladfelter DATED: C )A? V ?r xn ? Clt Z) C'? c? t , c?? W CD .c- 7i? ?C3 rn DONALD A. GLATFELTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TONYA GLATFELTER HARTZ DEFENDANT 2008-5814 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 02, 2008 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 11, 2008 at 10:00 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. 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: /s/ john. Mangan, r. Es q. jM8 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. 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 o+r?l?/ ? "I-,,,?,,? A?v ,,?y y,?o ?O Eo/ 42 I?.1?V? ?? is ?- ! > s. .': r,+#•'?t'1 C! :1 I £-130 BBOZ DONALD A. GLATFELTER, Plaintiff VS. TONYA GLATFELTER HARTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05814 : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 7th day of October, 2008, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Custody was filed to the above term and number on October 1, 2008. 2. On October 1, 2008, a certified copy of the Complaint for Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On October 1, 2008, a certified copy of the Complaint was sent to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 1 ? 0 (Endorse?mentR Rulred) N ?,,, Z M Restricted Delivery Fee C3 (Endorsement Required) CO M C3 or PO Box No. Mw% A ,?ATFE?T city siaie:zi , j u??g?,fL,p ? P?4 .17070 -S Form 3800, June 200 J- ' • o, I N (Domestic Only; No Coverage • •' I Mail insurance For deliv" information visit our websile at www-usps.corn, f1J Postage $ /?(Q 0 CerNtied Fee ? ?oU J ? Total Postage 8 Fees ! MI 4 pl If te e Itsrtts 1, 2, and 3. Also oomplsft Restricted Dslhrery is desired. Print yOur Wrier SW addrass; so that ur cwt on the reverse ! ! Attach this card r9tUM Vie Card to YOU. to the back of the "Wopk", or on the front If snm-a ne..• " OA) YX,?ATFF?r? 3 ? (94D yoc ?? /700 oaWm map [] R*m Re09" for Merdtart ? C.O:D. 2. Artk:le NurrtDer ...._•••• ••••a•, wnveryr (txtl8 Fee) Mwwwf M"rV"hb4 7003 0504 0004 2325 9284 PS Form 3811, Febfuary 2004 Donlastb Retum Receipt 102595-02-M-1540 0 R res, enter delhWy MOM" below,. . 4 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: _7?1?rk4A FIRM A4 lzooz_ piece of ordinary mail addressed to: CneA) ) ,4 PS Form 3817, Mar. 1989 o a? o h O ?p h T 0 oQ'T 9n1 2 V) ?F"'?? 3oJCC77?. t.11? OVf•-+T . ovac pNpF'? -1 •J? V WO co z c cn r Billing Attu - none N rra r DEC 15 2M6 C) DONALD A. GLATFELTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5814 CIVIL ACTION LAW TONYA GLATFELTER HARTZ, IN CUSTODY Defendant ORDER OF COURT AND NOW this ? day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Donald A. Glatfelter, and the Mother, Tonya Glatfelter Hartz, shall have shared legal custody of Donald Andrew Glatfelter, born 07/23/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall share physical custody of the Child as follows on a repeating two week cycle: a. In week one, commencing November 14, 2008, Father shall have physical custody of the Child from Friday after school until Monday morning. Mother shall have physical custody of the Child from Monday after school until Wednesday morning. Father then shall have custody from Wednesday after school until Friday morning. b. In week two, Mother shall have physical custody of the Child from Friday after school until Monday morning. For this Friday before Mother's weekend, Father shall drop the Child off at Mother's residence after the Child is done with school. Father shall have physical custody of the Child from Monday after school until Wednesday morning. Mother then shall have custody from Wednesday after school until Friday morning. C. Other than outlined above, the non-custodial parent shall provide the transportation of the Child. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Absent mutual agreement otherwise, the Child shall remain in his current school district, Cumberland Valley. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. This Order is entered pursuant to a Custody Conciliation Conference. The part' s may modify the provisions of this Order by mutual consent. In the absence of mutual co nt, the terms of this Order shall control. ?--? By V Court, istribution: ark Mateya, Esquire Grace D'Alo, Esquire :,,,,4ohn J. Mangan, Esquire ?MM ?tts /M , `-?t w i ?s?dg J. gtll, ..1 L r') F} HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 s Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 s Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1st Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 st (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father DONALD A. GLATFELTER, Plaintiff v. TONYA GLATFELTER HARTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5814 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Donald Andrew Glatfelter 07/23/1999 Currently in the Custody of Father and Mother 2. A Conciliation Conference was held with regard to this matter on November 11, 2008 with the following individuals in attendance: The Mother, Tonya Glatfelter Hartz, with her counsel, Grace D'Alo, Esq. The Father, Donald A. Glatfelter, with his counsel, Mark Mateya, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. nc ,Es e C stod Co' ' or DONALD A. GLATFELTER, Plaintiff VS. TONYA GLATFELTER HARTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05814 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY NOW COMES, Plaintiff/Petitioner, Donald A. Glatfelter, (hereinafter referred to as Petitioner), by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner herein is Donald A. Glatfelter, who is the natural father of the minor child, namely Donald Andrew Glatfelter, born July 23, 1999, age 10. 2. Defendant/Respondent herein is Tonya Glatfelter Hartz, who is the natural mother of the minor child, namely Donald Andrew Glatfelter, born July 23, 1999, age 10. 3. The parties herein are the parents of the following minor children: Name Donald Andrew Glatfelter Present Address 117 Simmons Road Mechanicsburg, PA 17055 Ase DOB 10 7/23/1999 4. A Complaint in custody was filed to the above term and number on September 30, 2008. 5. A Custody Conciliation was held before John Mangan on November 11, 2008; thereafter an Order of Court was entered to the above term and number on December 15, 2008, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. The Child has resided for the previous five (5) years with the following individuals at the following addresses: Date Address Birth - 5/2007 117 Simmons Road Mechanicsburg, PA 17055 6/07 - 8/08 42 East Locust Street Mechanicsburg, PA 117 Simmons Road Mechanicsburg, PA 9/08 - 8/09 117 Simmons Road Mechanicsburg, PA 17055 33401d York Road New Cumberland, PA 8/09 - Present 117 Simmons Road Mechanicsburg, PA 17055 With Whom Plaintiff and Defendant Defendant Plaintiff Plaintiff Defendant, Douglas Hartz and Sabrina Hartz Plaintiff 7. Plaintiff has been the primary care giver to the Child since birth until the present. 8. Defendant has had an unstable relationship with her present husband, Douglas Hartz and has moved out of the residence which she shared with Mr. Hartz on July 4, 2009, for an undetermined amount of time. 9. It is believed and therefore averred that Douglas Hartz is verbally and mentally abusive to Defendant Tonya Glatfelter Hartz. 10. It is believed and therefore averred that Douglas Hartz is verbally and mentally abusive to Donald Andrew Glatfelter. 12. Defendant's current: husband Douglas Hartz was charged with burning down the residence in which he, Tonya and Donald Andrew Glatfelter resided. 13. Defendant has entered into still another romantic relationship with Jeff [sp] Snell when she temporarily left her present husband Douglas Hartz. 14. Defendant returned to her present husband Douglas Hartz. 15. Donald Andrew Glatfelter is presently in the custody of Plaintiff/Father. 16. Donald Andrew Glatfelter begins school on August 26, 2009. 17. Defendant/Mother and Douglas Hartz are presently not in communication; their whereabouts are unknown to Plaintiff/ Father. 18. It is believed and therefore averred that Defendant/Mother (and Douglas Hartz) have a serious drinking problem. 19. Defendant/Mother last communicated with Plaintiff/Father on or about August 24, 2009, that she was leaving "for about a week" without giving further additional details. WHEREFORE, Petitioner requests this Honorable Court enter an Order as follows: 1. Grant temporary full custody of the Child to Plaintiff pending a custody conciliation; 2. Order the scheduling of a Custody Conciliation at the earliest possible convenience. Respectfully submitted, A . Mark A. Mateya, Esq ire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: 2?C? d VERIFICATION I, Donald Gladfelter, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. 9-daAnt?-? Donald Gladfelter DATED: IR/) 2 S Q 1 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: MidPenn Legal Services 401 East Louther St Ste 103 Carlisle PA 17013 Tonya Glatfelter Hartz 334 Old York Road New Cumberland PA 17070 Mark A. Mateya, E uire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: ?1 R L. ^? L1 the C'',.`-? .(Flr"?'y 2Pj 09 AU, G 2: 6 f'i' l,9 CLAM!i jai #?a ?? '?l DONALD A. GLADFELTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TONYA GALTFELTER HARTZ DEFENDANT 2008-5814 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 31, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 09, 2009 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. 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: /s/ ohn . Mangan, r. Es q. 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. 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 OF t++ O THE 2009 AUG 3 I Pli 3: 4 3 OCR 19 2009 G, DONALD A. GLATFELTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5814 CIVIL ACTION LAW TONYA GLATFELTER HARTZ, IN CUSTODY Defendant Prior Judge Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this lot_ day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. U 9---, 2. Legal Custody: The Father, Donald A. Glatfelter, and the Mother, Tonya Glatfelter Hartz, shall have shared legal custody of Donald Andrew Glatfelter, born 07/23/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health,, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 10/09/09, Mother shall have alternating weekends from after school Friday until Sunday 6:00 pm. b. Mother shall have custody of Drew one evening every week from after school until 8:30 pm. In the absence of agreement, this evening shall be on Tuesday. C. Mother has agreed to, and shall, pick Drew up from school and return Drew to Father's residence at the designated days and times above. d. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The Child shall remain in his current school district, Cumberland Valley. 5. Mother has agreed to not engage Drew in hunting activities for one year; however, pursuant to an agreement, Drew shall be able to engage in learning how to shoot a bow under appropriate supervision. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. <- ,,, 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. Neither party shall consume alcohol within 24 hours of exercising periods of custody. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties ,mmaay modify the provisions of this Order by mutual consent. In the absence of mutual consent%% terms of this Order shall control. By ?jark ' tribution: Mateya, Esquire k Matash, Esquire, MidPenn Legal Services ,461n J. Mangan, Esquire 12bp t ?s /ao/o? "=rq J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 st Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 sr Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2°Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father DONALD A. GLATFELTER, Plaintiff V. TONYA GLATFELTER HARTZ, Defendant Prior Judge Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5814 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Donald Andrew Glatfelter 07/23/1999 Primary Father 2. A Conciliation Conference was held with regard to this matter on November 11, 2008, an Order issued December 15, 2008 and a conciliation conference was held October 09, 2009 with the following individuals in attendance: The Mother, Tonya Glatfelter Hartz, with her counsel, Nicholas Matash, Mid-Penn Legal Services The Father, Donald A. Glatfelter, with his counsel, Mark Mateya, Esq. 3. The parties agreed to the entry of an Order in the form as attached. c( Date John J. ang , squire Custo Co iliator 4L _LJ? RY 2009 CL, ?0 Al I I *. G 1 ? . A